Vol. 79 Friday, No. 35 February 21, 2014

Pages 9855–9980

OFFICE OF THE FEDERAL REGISTER

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The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202-512-1800 or 866-512-1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 77 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

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Contents Federal Register Vol. 79, No. 35

Friday, February 21, 2014

Agriculture Department See Western Area Power Administration See Animal and Plant Health Inspection Service NOTICES See Food Safety and Inspection Service Meetings: See Rural Utilities Service Environmental Management Site-Specific Advisory Board, Portsmouth, 9895–9896 Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Energy Efficiency and Renewable Energy Office Submissions, and Approvals: NOTICES Importation of Hass Avocados from Michoacan, Mexico, Waivers: 9874 Samsung Electronics America, Inc.; Residential Plants for Planting Regulations, 9874–9875 Refrigerator and Refrigerator-Freezer Test Procedures, 9896–9897 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Environmental Protection Agency Severely Disabled RULES Exemptions: Broadcasting Board of Governors Alkyl Alcohol Alkoxylate Phosphate and Sulfate NOTICES Derivatives, 9856–9861 SES Performance Review Board Membership, 9878 Pesticide Tolerances: Saflufenacil, 9861–9866 Bureau of the Fiscal Service PROPOSED RULES NOTICES Petitions: Agency Information Collection Activities; Proposals, Residues of Pesticide Chemicals in or on Various Submissions, and Approvals, 9928–9929 Commodities, 9870–9872 NOTICES Centers for Disease Control and Prevention Environmental Impact Statements; Availability, etc.: NOTICES Weekly Receipt, 9898 Environmental Impact Statements; Availability, etc.: Roybal 2025 Master Plan; Meeting Rescheduling and Comment Period Extension, 9904–9906 Federal Aviation Administration RULES Centers for Medicare & Medicaid Services Helicopter Air Ambulance, Commercial Helicopter, and PROPOSED RULES Part 91 Helicopter Operations, 9932–9979 Medicare and Medicaid Programs: Revocation of Class E Airspace: Emergency Preparedness Requirements for Medicare and Leesburg, VA, 9855–9856 Medicaid Participating Providers and Suppliers; PROPOSED RULES Extension of Comment Period, 9872–9873 Airworthiness Directives: NOTICES Turbomeca S.A. Turboshaft Engines, 9868–9870 Meetings: Medicare Evidence Development and Coverage Advisory Committee, 9906–9907 Federal Communications Commission NOTICES Commerce Department Meetings; Sunshine Act, 9898–9899 See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Federal Deposit Insurance Corporation NOTICES Committee for Purchase From People Who Are Blind or Resolution of a Systemically Important Financial Severely Disabled Institution; Single Point of Entry Strategy, 9899–9900 NOTICES Procurement List; Additions and Deletions, 9893–9895 Federal Reserve System Defense Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Draft Edition 3 of Standardization Agreement 4671 Board Approval under Delegated Authority, 9900–9902 Unmanned Aerial Vehicle Systems Airworthiness Changes in Bank Control: Requirements, 9895 Acquisitions of Shares of a Bank or Bank Holding Company, 9902 Energy Department Formations of, Acquisitions by, and Mergers of Bank See Energy Efficiency and Renewable Energy Office Holding Companies, 9902–9903

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Fish and Wildlife Service See Indian Affairs Bureau NOTICES See Land Management Bureau Environmental Assessments; Availability, etc.: Charlotte County, FL; Development Activities; International Trade Administration Programmatic Incidental Take Permit Application, NOTICES 9913–9914 Antidumping and Countervailing Duty Orders; Results, Extensions, Amendments, etc.: Food and Drug Administration Lightweight Thermal Paper from the People’s Republic of NOTICES China, 9879–9880 Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Trade Commission Current Good Manufacturing Practice; Quality System NOTICES Regulation, 9908 Investigations; Terminations, Modifications and Rulings, Guidance for Industry: etc.: International Conference on Harmonisation; E2B(R3) Certain Windshield Wiper Devices and Components Electronic Transmission of Individual Case Safety Thereof, 9922–9923 Reports, etc., 9908–9909 Meetings; Sunshine Act, 9923 Meetings: Blood Products Advisory Committee, 9909–9910 Justice Department Endocrinologic and Metabolic Drugs Advisory NOTICES Committee, 9911–9912 Agency Information Collection Activities; Proposals, Tobacco Products Scientific Advisory Committee, 9910– Submissions, and Approvals: 9911 Law Enforcement Officers Killed and Assaulted Program, Training Program for Regulatory Project Managers; Analysis of Officers Feloniously Killed and Information Available to Industry, 9912 Assaulted, etc., 9923–9924 Consent Decrees under the Clean Air Act, 9924 Food Safety and Inspection Service Proposed Consent Decrees under CERCLA, 9924–9925 NOTICES Discontinuation of the Qualitative (30 mL) Campylobacter Labor Department Analysis for Young Chickens, 9875–9877 NOTICES Agency Information Collection Activities; Proposals, Foreign-Trade Zones Board Submissions, and Approvals: NOTICES Application for Continuation of Death Benefit for Reorganizations under Alternative Site Framework: Student, 9925 Foreign-Trade Zone 185, Culpeper County, VA, 9878– 9879 Land Management Bureau NOTICES General Services Administration Environmental Impact Statements; Availability, etc.: NOTICES Alpine Satellite Development Plan for the Proposed Privacy Act; Systems of Records, 9903–9904 Greater Mooses Tooth Unit Development Project, Alaska, 9920–9921 Health and Human Services Department Energy Gateway South Transmission Project in WY, CO, See Centers for Disease Control and Prevention and UT; Land-Use Plan Amendments, 9916–9920 See Centers for Medicare & Medicaid Services Silver State Solar South Project, Clark County, NV; See Food and Drug Administration Proposed Resource Management Plan Amendment, See Health Resources and Services Administration 9921–9922 See National Institutes of Health Records of Decisions; Availability, etc.: NOTICES Stateline Solar Farm Project and California Desert Statements of Organization, Functions, and Delegations of Conservation Area Plan, San Bernardino County, CA, Authority, 9904 9922 Health Resources and Services Administration National Aeronautics and Space Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 9912–9913 NASA Asteroid Initiative Opportunities Forum, 9925– 9926 Indian Affairs Bureau NOTICES National Institutes of Health Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: Demonstration Project; Tribal Consultation Meeting; Center for Scientific Review, 9913 Correction, 9914–9915 Contract Support Costs, 9915–9916 National Oceanic and Atmospheric Administration Environmental Impact Statements; Availability, etc.: RULES Reducing the Abundance of Lake Trout in Flathead Lake, Fisheries of the Caribbean, Gulf of Mexico, and South MT, 9916 Atlantic: 2014 Commercial Accountability Measure and Closure for Interior Department Coastal Migratory Pelagic Resources of the Gulf of See Fish and Wildlife Service Mexico and South Atlantic, 9866–9867

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NOTICES Surface Transportation Board Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Service Exemptions; Discontinuances: Reporting Requirements for the Ocean Salmon Fishery Union Pacific Railroad Co., Yuba County, CA, 9928 Off the Coasts of Washington, Oregon, and California, 9880 Transportation Department Endangered and Threatened Wildlife: See Federal Aviation Administration Petition to List Multiple Species and Subpopulations of See Surface Transportation Board Marine Mammals, 9880–9890 Meetings: Treasury Department Western Pacific Fishery Management Council, 9890–9893 See Bureau of the Fiscal Service

Western Area Power Administration Nuclear Regulatory Commission NOTICES NOTICES Falcon and Amistad Projects’ Power Rate Formula, 9897– NUREGS; Availability: 9898 Spent Fuel Transportation Risk Assessment, 9926–9927

Pension Benefit Guaranty Corporation Separate Parts In This Issue NOTICES Agency Information Collection Activities; Proposals, Part II Submissions, and Approvals: Transportation Department, Federal Aviation Annual Reporting, 9927–9928 Administration, 9932–9979

Rural Utilities Service Reader Aids NOTICES Consult the Reader Aids section at the end of this page for Agency Information Collection Activities; Proposals, phone numbers, online resources, finding aids, reminders, Submissions, and Approvals, 9877–9878 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Securities and Exchange Commission LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Order of Suspensions: archives, FEDREGTOC-L, Join or leave the list (or change Imogo Mobile Technologies Corp., 9928 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.

14 CFR 71...... 9855 91...... 9932 120...... 9932 135...... 9932 Proposed Rules: 39...... 9868 40 CFR 180 (2 documents) ...... 9856, 9861 Proposed Rules: 180...... 9870 42 CFR Proposed Rules: 403...... 9872 416...... 9872 418...... 9872 441...... 9872 460...... 9872 482...... 9872 483...... 9872 484...... 9872 485...... 9872 486...... 9872 491...... 9872 494...... 9872 50 CFR 622...... 9866

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Rules and Regulations Federal Register Vol. 79, No. 35

Friday, February 21, 2014

This section of the FEDERAL REGISTER 15, 2013, which is incorporated by Title 49 of the United States Code. contains regulatory documents having general reference in 14 CFR Part 71.1. Subtitle I, Section 106 describes the applicability and legal effect, most of which authority of the FAA Administrator. The Rule are keyed to and codified in the Code of Subtitle VII, Aviation Programs, Federal Regulations, which is published under This amendment to Title 14, Code of describes in more detail the scope of the 50 titles pursuant to 44 U.S.C. 1510. Federal Regulations (14 CFR) part 71 agency’s authority. This rulemaking is The Code of Federal Regulations is sold by removes Class E surface area airspace promulgated under the authority the Superintendent of Documents. Prices of within a 6-mile radius at Leesburg described in Subtitle VII, Part A, new books are listed in the first FEDERAL Executive Airport, Leesburg, VA, Subpart I, Section 40103. Under that REGISTER issue of each week. Potomac TRACON found the airspace section, the FAA is charged with would not add to the orderly flow of air prescribing regulations to assign the use traffic in the area. The final rule of airspace necessary to ensure the DEPARTMENT OF TRANSPORTATION published in the Federal Register of safety of aircraft and the efficient use of January 3, 2014, (FR 79 346), Docket No. Federal Aviation Administration airspace. This regulation is within the FAA–2013–0033, establishing Class E scope of that authority as it removes surface area airspace at Leesburg controlled airspace at Leesburg 14 CFR Part 71 Executive Airport, Leesburg, VA, was Executive Airport, Leesburg, VA. published in error. [Docket No. FAA–2014–0085; Airspace Since any delay in removing the Environmental Review Docket No. 14–AEA–2] controlled airspace in order to seek public comment would be inconsistent The FAA has determined that this Revocation of Class E Airspace; with the agency’s safety mandate, action qualifies for categorical exclusion Leesburg, VA immediate corrective action is required under the National Environmental in the interest of flight safety. Therefore, Policy Act in accordance with FAA AGENCY: Federal Aviation notice and public procedure under 5 Order 1050.1E, ‘‘Environmental Administration (FAA), DOT. U.S.C. 553(b) is impracticable and Impacts: Policies and Procedures,’’ ACTION: Final rule. contrary to the public interest. Also, in paragraph 311a. This airspace action is consideration of the need to remove this not expected to cause any potentially SUMMARY: This action removes Class E controlled airspace to avoid confusion significant environmental impacts, and Airspace at Leesburg Executive Airport, on the part of pilots flying in the no extraordinary circumstances exist Leesburg, VA. Surface area airspace is vicinity of Leesburg, VA, and the that warrant preparation of an not required and was published in error Washington Dulles International Airport environmental assessment. in the Federal Register of January 3, area, the FAA finds good cause, 2014. pursuant to 5 U.S.C. 553(d), for making Lists of Subjects in 14 CFR Part 71 DATES: Effective 0901 UTC, February 21, this amendment effective in less than 30 Airspace, Incorporation by reference, days in order to promote the safe and 2014. The Director of the Federal Navigation (air). Register approves this incorporation by efficient handling of airspace in the reference action under title 1, Code of area. Adoption of Amendment Federal Regulations, part 51, subject to The FAA has determined that this the annual revision of FAA Order regulation only involves an established In consideration of the foregoing, the 7400.9 and publication of conforming body of technical regulations for which Federal Aviation Administration amendments. frequent and routine amendments are amends 14 CFR part 71 as follows: necessary to keep them operationally FOR FURTHER INFORMATION CONTACT: John current, is non-controversial and PART 71—DESIGNATION OF CLASS A, Fornito, Operations Support Group, unlikely to result in adverse or negative B, C, D, AND E AIRSPACE AREAS; AIR Eastern Service Center, Federal Aviation comments. It, therefore, (1) is not a TRAFFIC SERVICE ROUTES; AND Administration, P.O. Box 20636, ‘‘significant regulatory action’’ under REPORTING POINTS Atlanta, Georgia 30320; telephone (404) Executive Order 12866; (2) is not a 305–6364. ‘‘significant rule’’ under DOT ■ 1. The authority citation for Part 71 SUPPLEMENTARY INFORMATION: Regulatory Policies and Procedures (44 continues to read as follows: FR 11034; February 26, 1979); and (3) History Authority: 49 U.S.C. 106(g); 40103, 40113, does not warrant preparation of a On January 3, 2014, the FAA 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Regulatory Evaluation as the anticipated 1963 Comp., p. 389. published in the Federal Register a final impact is so minimal. Since this is a rule establishing Class E surface routine matter that only affects air traffic § 71.1 [Amended] airspace at Leesburg Executive Airport, procedures and air navigation, it is Leesburg, VA (79 FR 346) Docket No. certified that this rule, when ■ 2. The incorporation by reference in FAA–2013–0033. The Class E surface promulgated, does not have a significant 14 CFR 71.1 of Federal Aviation area airspace was published in error and economic impact on a substantial Administration Order 7400.9X, Airspace is removed. Class E airspace number of small entities under the Designations and Reporting Points, designations are published in paragraph criteria of the Regulatory Flexibility Act. dated August 7, 2013, effective 6002 of FAA Order 7400.9X dated The FAA’s authority to issue rules September 15, 2013, is amended as August 7, 2013, and effective September regarding aviation safety is found in follows:

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Paragraph 6002 Class E Airspace Areas DATES: This regulation is effective C. How can I file an objection or hearing Extending Upward from the Surface of the February 21, 2014. Objections and request? Earth. requests for hearings must be received Under FFDCA section 408(g), 21 AEA VA E2 Leesburg, VA [Removed] on or before April 22, 2014, and must U.S.C. 346a, any person may file an be filed in accordance with the objection to any aspect of this regulation Issued in College Park, Georgia, on instructions provided in 40 CFR part February 11, 2014. and may also request a hearing on those 178 (see also Unit I.C. of the objections. You must file your objection Eric Fox, SUPPLEMENTARY INFORMATION). Acting Manager, Operations Support Group, or request a hearing on this regulation ADDRESSES: The docket for this action, in accordance with the instructions Eastern Service Center, Air Traffic identified by docket identification (ID) Organization. provided in 40 CFR part 178. To ensure number EPA–HQ–OPP–2012–0862 is [FR Doc. 2014–03546 Filed 2–20–14; 8:45 am] proper receipt by EPA, you must available at http://www.regulations.gov identify docket ID number EPA–HQ– BILLING CODE 4910–13–P or at the Office of Pesticide Programs OPP–2012–0862 in the subject line on Regulatory Public Docket (OPP Docket) the first page of your submission. All in the Environmental Protection Agency objections and requests for a hearing ENVIRONMENTAL PROTECTION Docket Center (EPA/DC), EPA West must be in writing, and must be AGENCY Bldg., Rm. 3334, 1301 Constitution Ave. received by the Hearing Clerk on or NW., Washington, DC 20460–0001. The 40 CFR Part 180 before April 22, 2014. Addresses for Public Reading Room is open from 8:30 mail and hand delivery of objections [EPA–HQ–OPP–2012–0862; FRL–9906–24] a.m. to 4:30 p.m., Monday through and hearing requests are provided in 40 Friday, excluding legal holidays. The CFR 178.25(b). Alkyl Alcohol Alkoxylate Phosphate telephone number for the Public In addition to filing an objection or and Sulfate Derivatives; Exemption Reading Room is (202) 566–1744, and hearing request with the Hearing Clerk From the Requirement of a Tolerance the telephone number for the OPP as described in 40 CFR part 178, please AGENCY: Environmental Protection Docket is (703) 305–5805. Please review submit a copy of the filing (excluding Agency (EPA). the visitor instructions and additional any Confidential Business Information information about the docket available ACTION: Final rule. (CBI)) for inclusion in the public docket. at http://www.epa.gov/dockets. Information not marked confidential SUMMARY: This regulation amends two FOR FURTHER INFORMATION CONTACT: Lois pursuant to 40 CFR part 2 may be exemptions from the requirement of a Rossi, Registration Division (7505P), disclosed publicly by EPA without prior tolerance for residues of a-alkyl Office of Pesticide Programs, notice. Submit the non-CBI copy of your (minimum C6 linear, branched, Environmental Protection Agency, 1200 objection or hearing request, identified saturated and/or unsaturated)-w- Pennsylvania Ave. NW., Washington, by docket ID number EPA–HQ–OPP– hydroxypolyoxyethylene polymer with DC 20460–0001; telephone number: 2012–0862, by one of the following or without polyoxypropylene, mixture (703) 305–7090; email address: methods: of di- and monohydrogen phosphate [email protected]. • Federal eRulemaking Portal: http:// esters and the corresponding SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online ammonium, calcium, magnesium, instructions for submitting comments. I. General Information monoethanolamine, potassium, sodium, Do not submit electronically any and zinc salts of the phosphate esters; A. Does this action apply to me? information you consider to be CBI or minimum oxyethylene content is 2 You may be potentially affected by other information whose disclosure is moles; minimum oxypropylene content this action if you are an agricultural restricted by statute. is 0 moles, herein referred to as alkyl • producer, food manufacturer, or Mail: OPP Docket, Environmental alcohol alkoxylate phosphate pesticide manufacturer. The following Protection Agency Docket Center (EPA/ derivatives (AAAPD) and a-Alkyl(C - 6 list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. C )-w-hydroxypoly(oxyethylene)sulfate, 15 Classification System (NAICS) codes is NW., Washington, DC 20460–0001. and its ammonium, calcium, • not intended to be exhaustive, but rather Hand Delivery: To make special magnesium, potassium, sodium, and provides a guide to help readers arrangements for hand delivery or zinc salts, poly(oxyethylene) content determine whether this document delivery of boxed information, please averages 2–4 moles, herein referred to applies to them. Potentially affected follow the instructions at http:// alkyl alcohol alkoxylate sulfate entities may include: www.epa.gov/dockets/contacts.htm. derivatives (AAASD) when used as inert • Crop production (NAICS code 111). Additional instructions on ingredients (surfactants) applied to • Animal production (NAICS code commenting or visiting the docket, growing crops and raw agricultural 112). along with more information about commodities after harvest under 40 CFR • Food manufacturing (NAICS code dockets generally, is available at http:// 180.910 and applied to animals under 311). www.epa.gov/dockets. 40 CFR 180.930; not to exceed 30% of • Pesticide manufacturing (NAICS II. Petition for Exemption pesticide formulations. Joint Inerts Task code 32532). Force Cluster Support Team 2 (JITF CST In the Federal Register of July 29, 2) c/o Huntsman Corp. submitted a B. How can I get electronic access to 2009 (74 FR 37571) (FRL–8424–6), EPA petition to EPA under the Federal Food, other related information? issued a Final Rule, announcing the Drug, and Cosmetic Act (FFDCA), You may access a frequently updated establishment of a tolerance exemption requesting an amendment to an existing electronic version of 40 CFR part 180 pursuant to a pesticide petition (PP requirement of a tolerance. This through the Government Printing 9E7533) by the Joint Inerts Task Force regulation eliminates the need to Office’s e-CFR site at http:// (JITF) Cluster Support Team Number 2 establish a maximum permissible level www.ecfr.gov/cgi-bin/text- (CST 2) c/o CropLife America, 1156 for residues of alkyl alcohol alkoxylate idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 15th Street NW., Suite 400, Washington, phosphate and sulfate derivatives. 40tab_02.tpl. DC 20005. The petition requested that

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40 CFR 180.910, 40 CFR 180.920 and 40 62362–49–6; 63747–86–4; 63887–55–8; petitioner, which is available in the CFR 180.930 be amended by 66272–25–1; 67786–06–5; 67989–06–4; docket, http://www.regulations.gov. establishing exemptions from the 68071–37–4; 68130–44–9; 68130–45–0; There were no comments received in requirement of a tolerance for residues 68130–46–1; 68186–29–8; 68186–34–5; response to the notice of filing. of a group of substances known as alkyl 68238–84–6; 68311–04–6; 68389–72–0; In this petition, the JITF CST 2 claims alcohol alkoxylate phosphate and 68413–78–5; 68425–75–2; 68439–39–4; that the requested chemical CAS Reg. sulfate derivatives. The exemptions 68511–15–9; 68511–36–4; 68551–05–3; Nos. listed in Unit II. should be covered narratively describe the subject 68585–15–9; 68585–16–0; 68585–17–1; by the published tolerance exemptions chemical as a-alkyl (minimum C6 linear, 68585–39–7; 68603–24–7; 68607–14–7; for alkyl alcohol alkoxylate phosphate branched, saturated and/or 68610–64–0; 68649–30–9; 68650–84–0; and sulfate derivatives and that no unsaturated)-w-hydroxypolyoxyethylene 68855–46–9; 68856–03–1; 68890–90–4; further data or review is required to polymer with or without 68890–91–5; 68891–12–3; 68891–26–9; amend the existing tolerance exemption polyoxypropylene, mixture of di- and 68909–65–9; 68909–67–1; 68909–69–3; to include the additional CAS Reg. Nos. monohydrogen phosphate esters and the 68921–24–4; 68921–60–8; 68954–87–0; Based upon review of the data corresponding ammonium, calcium, 68954–88–1; 68954–92–7; 68987–35–9; supporting the petition, EPA has magnesium, monoethanolamine, 69029–43–2; 69980–69–4; 70247–99–3; confirmed that the requested CAS Reg. Nos. are appropriately added to the potassium, sodium, and zinc salts of the 70248–14–5; 70903–63–8; 71965–23–6; currently approved respective phosphate esters; minimum oxyethylene 71965–24–7; 72480–27–4; 72623–67–7; descriptors (alkyl alcohol alkoxylate content is 2 moles; minimum 72623–68–8; 72828–56–9; 72828–57–0; phosphate derivatives or alkyl alcohol oxypropylene content is 0 moles and a- 73018–34–5; 73050–08–5; 73050–09–6; alkoxylate sulfate derivatives). Alkyl(C6-C15)-w- 73361–29–2; 73378–71–9; 73378–72–0; hydroxypoly(oxyethylene)sulfate, and 73559–42–9; 73559–43–0; 73559–44–1; III. Inert Ingredient Definition its ammonium, calcium, magnesium, 73559–45–2; 74499–76–6; 76930–25–1; Inert ingredients are all ingredients potassium, sodium, and zinc salts, 78330–22–0; 91254–26–1; 93925–54–3; poly(oxyethylene) content averages 2–4 that are not active ingredients as defined 96416–89–6; 103170–31–6; 103170–32– in 40 CFR 153.125 and include, but are moles. The current petition seeks to 7; 106233–09–4; 106233–10–7; 110392– expand the exemptions for alkyl alcohol not limited to, the following types of 49–9; 111798–26–6; 111905–50–1; alkoxylate sulfate derivatives by adding ingredients (except when they have a 116671–23–9; 117584–36–8; 119415– additional chemicals identified by pesticidal efficacy of their own): 05–3; 121158–61–0; 121158–63–2; Chemical Abstract Service Registry Solvents such as alcohols and 125139–13–1; 125301–86–2; 125301– Numbers (CAS Reg. Nos.). hydrocarbons; surfactants such as In the Federal Register of August 20, 87–3; 126646–03–5; 129870–77–5; polyoxyethylene polymers and fatty 2010 (75 FR 51382) (FRL–8836–5), EPA 129870–80–0; 130354–37–9; 136504– acids; carriers such as clay and issued a Final Rule, announcing the 88–6; 143372–50–3; 143372–51–4; diatomaceous earth; thickeners such as establishment of a tolerance exemption 154518–40–8; 155240–11–2; 160498– carrageenan and modified cellulose; pursuant to a pesticide petition (PP 49–7; 160611–24–5; 171543–66–1; wetting, spreading, and dispersing 9E7628) by the Joint Inerts Task Force 210493–60–0; 246159–55–7; 251298– agents; propellants in aerosol (JITF) Cluster Support Team Number 2 11–0; 261627–68–3; 422563–19–7; dispensers; microencapsulating agents; (CST 2) c/o CropLife America, 1156 1072943–56–6; 1187742–89–7; and emulsifiers. The term ‘‘inert’’ is not 15th Street NW., Suite 400, Washington, 1187743–35–6 and alkyl alcohol intended to imply nontoxicity; the DC 20005. The petition requested that alkoxylate sulfate derivatives to include ingredient may or may not be 40 CFR 180.910 and 40 CFR 180.930 be CAS Reg. Nos. 9021–91–4; 27140–00–7; chemically active. Generally, EPA has amended by establishing an exemption 27731–61–9; 27731–62–0; 34431–25–9; exempted inert ingredients from the from the requirement of a tolerance for 35015–74–8; 52286–18–7; 52286–19–8; requirement of a tolerance based on the residues of a group of substances known 54116–08–4; 61702–79–2; 63428–86–4; low toxicity of the individual inert as alkyl alcohol alkoxylate phosphate 63428–87–5; 65086–57–9; 65086–79–5; ingredients. derivatives. The current petition seeks 67674–66–2; 67845–82–3; 67845–83–4; 68037–05–8; 68037–06–9; 68171–41–5; IV. Aggregate Risk Assessment and to expand the exemptions for alkyl Determination of Safety alcohol alkoxylate phosphate 68610–66–2; 68649–53–6; 68890–88–0; derivatives by adding additional 68891–29–2; 68891–30–5; 69011–37–6; Section 408(c)(2)(A)(i) of FFDCA chemicals identified by CAS Reg. Nos. 75422–21–8; 78330–16–2; 78330–17–3; allows EPA to establish an exemption In the Federal Register of June 5, 2013 78330–25–3; 78330–26–4; 78330–27–5; from the requirement for a tolerance (the (78 FR 33785) (FRL–9386–2), EPA 78330–28–6; 78330–29–7; 78330–30–0; legal limit for a pesticide chemical issued a document pursuant to FFDCA 96130–61–9; 106597–03–9; 110392–50– residue in or on a food) only if EPA section 408, 21 U.S.C. 346a, announcing 2; 125301–88–4; 125301–89–5; 125301– determines that the exemption is ‘‘safe.’’ the filing of a pesticide petition (PP 92–0; 125736–54–1; 157707–85–2; Section 408(c)(2)(A)(ii) of FFDCA 2E8092) by Joint Inerts Task Force, 160104–51–8; 160901–27–9; 160901– defines ‘‘safe’’ to mean that ‘‘there is a Cluster Support Team 2, (JITF CST2), c/ 28–0; 160901–29–1; 160901–30–4; reasonable certainty that no harm will o Huntsman Corp., 8600 Gosling Rd., 161025–28–1; 161074–79–9; 162063– result from aggregate exposure to the The Woodlands, TX 77381. The petition 19–6 when used as inert ingredients pesticide chemical residue, including requested that 40 CFR 180.910 and 40 (surfactants) in pesticide formulations all anticipated dietary exposures and all CFR 180.930 be amended by modifying applied to growing crops, raw other exposures for which there is two exemptions from the requirement of agricultural commodities after harvest reliable information.’’ This includes a tolerance for residues of alkyl alcohol and applied to animals; not to exceed exposure through drinking water and in alkoxylate phosphate derivatives to 30% of pesticide formulations. That residential settings, but does not include include CAS Reg. Nos. 9004–80–2; document referenced a summary of the occupational exposure. Section 26982–05–8; 31800–89–2; 39341–09–8; petition prepared by Joint Inerts Task 408(b)(2)(C) of FFDCA requires EPA to 39341–65–6; 39464–69–2; 50668–50–3; Force, Cluster Support Team 2, (JITF give special consideration to exposure 51884–64–1; 57486–09–6; 59112–71–9; CST2), c/o Huntsman Corp., the of infants and children to the pesticide

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chemical residue in establishing a 68–8; 72828–56–9; 72828–57–0; 73018– magnesium, monoethanolamine, tolerance and to ‘‘ensure that there is a 34–5; 73050–08–5; 73050–09–6; 73361– potassium, sodium and zinc salts reasonable certainty that no harm will 29–2; 73378–71–9; 73378–72–0; 73559– thereof with a minimum oxyethylene result to infants and children from 42–9; 73559–43–0; 73559–44–1; 73559– content averages 2 moles and minimum aggregate exposure to the pesticide 45–2; 74499–76–6; 76930–25–1; 78330– oxypropylene content is 0 moles; or a- chemical residue. . . .’’ 22–0; 91254–26–1; 93925–54–3; 96416– Alkyl(C6–C15)-w- EPA establishes exemptions from the 89–6; 103170–31–6; 103170–32–7; hydroxypoly(oxyethylene)sulfate, or the requirement of a tolerance only in those 106233–09–4; 106233–10–7; 110392– ammonium, calcium, magnesium, cases where it can be clearly 49–9; 111798–26–6; 111905–50–1; potassium, sodium, and zinc salt demonstrated that the risks from 116671–23–9; 117584–36–8; 119415– thereof, with a poly(oxyethylene) aggregate exposure to pesticide 05–3; 121158–61–0; 121158–63–2; content averaging 2–4 moles. As such, chemical residues under reasonably 125139–13–1; 125301–86–2; 125301– the requested CAS Reg. Nos. fall within foreseeable circumstances will pose no 87–3; 126646–03–5; 129870–77–5; the existing tolerance exemption appreciable risks to human health. In 129870–80–0; 130354–37–9; 136504– descriptors for alkyl alcohol alkoxylate order to determine the risks from 88–6; 143372–50–3; 143372–51–4; phosphate and sulfate derivatives given aggregate exposure to pesticide inert 154518–40–8; 155240–11–2; 160498– in 40 CFR 180.910 and 40 CFR 180.930. ingredients, the Agency considers the 49–7; 160611–24–5; 171543–66–1; The Agency has determined that the toxicity of the inert in conjunction with 210493–60–0; 246159–55–7; 251298– proposed addition of the requested CAS possible exposure to residues of the 11–0; 261627–68–3; 422563–19–7; Reg. Nos. is adequately supported by the inert ingredient through food, drinking 1072943–56–6; 1187742–89–7; and existing data and assessment and that water, and through other exposures that 1187743–35–6 are alkyl alcohol no additional data or review is required. occur as a result of pesticide use in alkoxylate phosphate derivatives similar Inclusion of the additional chemicals residential settings. If EPA is able to to those present in the existing described in Unit IV. in the risk determine that a finite tolerance is not exemption. assessments for the alkyl alcohol necessary to ensure that there is a The Agency agrees with the petitioner alkoxylate phosphate and sulfate reasonable certainty that no harm will that CAS Reg. Nos.: 9021–91–4; 27140– derivatives would in no way alter the result from aggregate exposure to the 00–7; 27731–61–9; 27731–62–0; 34431– prior risk assessments given the generic inert ingredient, an exemption from the 25–9; 35015–74–8; 52286–18–7; 52286– findings on toxicity and the worst case requirement of a tolerance may be 19–8; 54116–08–4; 61702–79–2; 63428– exposure assumptions used in those risk established. 86–4; 63428–87–5; 65086–57–9; 65086– assessments. Accordingly, based on the Consistent with FFDCA section 79–5; 67674–66–2; 67845–82–3; 67845– findings in that earlier rule, EPA has 408(c)(2)(A), and the factors specified in 83–4; 68037–05–8; 68037–06–9; 68171– determined that there is a reasonable FFDCA section 408(c)(2)(B), EPA has 41–5; 68610–66–2; 68649–53–6; 68890– certainty that no harm to any population reviewed the available scientific data 88–0; 68891–29–2; 68891–30–5; 69011– subgroup, including infants and and other relevant information in 37–6; 75422–21–8; 78330–16–2; 78330– children, will result from aggregate support of this action. EPA has 17–3; 78330–25–3; 78330–26–4; 78330– exposure to alkyl alcohol alkoxylate sufficient data to assess the hazards of 27–5; 78330–28–6; 78330–29–7; 78330– phosphate and sulfate derivatives by and to make a determination on 30–0; 96130–61–9; 106597–03–9; including the additional chemicals aggregate exposure for alkyl alcohol 110392–50–2; 125301–88–4; 125301– described in Unit IV., under reasonably alkoxylate phosphate and sulfate 89–5; 125301–92–0; 125736–54–1; foreseeable circumstances. Therefore, derivatives including exposure resulting 157707–85–2; 160104–51–8; 160901– the amendment to an existing from the exemption amended by this 27–9; 160901–28–0; 160901–29–1; requirement of a tolerance under 40 CFR action. EPA’s assessment of exposures 160901–30–4; 161025–28–1; 161074– 180.910 and 40 CFR 180.930 for and risks associated with alkyl alcohol 79–9; and 162063–19–6 are alkyl residues of alkyl alcohol alkoxylate alkoxylate phosphate and sulfate alcohol alkoxylate sulfate derivatives phosphate and sulfate derivatives to derivatives follows. similar to those present in the existing The Agency agrees with the petitioner include the chemicals described in Unit exemption. IV. is safe under FFDCA section 408. that CAS Reg. Nos.: 9004–80–2; 26982– In 2009, in establishing the exemption 05–8; 31800–89–2; 39341–09–8; 39341– for alkyl alcohol alkoxylate sulfate V. Other Considerations 65–6; 39464–69–2; 50668–50–3; 51884– derivatives and in 2010, in establishing A. Analytical Enforcement Methodology 64–1; 57486–09–6; 59112–71–9; 62362– the exemption for alkyl alcohol 49–6; 63747–86–4; 63887–55–8; 66272– alkoxylate phosphate derivatives, EPA An analytical method is not required 25–1; 67786–06–5; 67989–06–4; 68071– assessed their safety generally using for enforcement purposes since the 37–4; 68130–44–9; 68130–45–0; 68130– worst case exposure assumptions (see Agency is not establishing a numerical 46–1; 68186–29–8; 68186–34–5; 68238– Unit IV. of 74 FR 37571 and Unit IV. of level of residues of the alkyl alcohol 84–6; 68311–04–6; 68389–72–0; 68413– 75 FR 51382). Based upon the review of alkoxylate phosphate and sulfate 78–5; 68425–75–2; 68439–39–4; 68511– the data supporting both of these derivatives that cannot be exceeded in 15–9; 68511–36–4; 68551–05–3; 68585– petitions, EPA has confirmed that the or on any food commodities. EPA is 15–9; 68585–16–0; 68585–17–1; 68585– requested CAS Reg. Nos. are establishing a limitation on the amount 39–7; 68603–24–7; 68607–14–7; 68610– appropriately added to the currently of the alkyl alcohol alkoxylate 64–0; 68649–30–9; 68650–84–0; 68855– approved descriptors. The requested phosphate and sulfate derivatives that 46–9; 68856–03–1; 68890–90–4; 68890– CAS Reg. Nos. consist of compounds may be used in pesticide formulations. 91–5; 68891–12–3; 68891–26–9; 68909– that are either: a-alkyl (minimum C6 That limitation will be enforced through 65–9; 68909–67–1; 68909–69–3; 68921– linear or branched, saturated and or the pesticide registration process under 24–4; 68921–60–8; 68954–87–0; 68954– unsaturated)-w-hydroxypolyoxyethylene the Federal Insecticide, Fungicide, and 88–1; 68954–92–7; 68987–35–9; 69029– polymers with or without Rodenticide Act (FIFRA), 7 U.S.C. 136 43–2; 69980–69–4; 70247–99–3; 70248– polyoxypropylene, mixture of di- and et seq. EPA will not register any 14–5; 70903–63–8; 71965–23–6; 71965– monohydrogen phosphate esters or the pesticide for sale or distribution that 24–7; 72480–27–4; 72623–67–7; 72623– corresponding ammonium, calcium, contains greater than 30% of the alkyl

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alcohol alkoxylate phosphate and any special considerations under This action does not involve any sulfate derivatives by weight in the Executive Order 12898, entitled technical standards that would require pesticide formulation. ‘‘Federal Actions to Address Agency consideration of voluntary Environmental Justice in Minority consensus standards pursuant to section VI. Conclusions Populations and Low-Income 12(d) of the National Technology Therefore, the exemptions from the Populations’’ (59 FR 7629, February 16, Transfer and Advancement Act of 1995 requirement of a tolerance under 40 CFR 1994). (NTTAA) (15 U.S.C. 272 note). 180. 910 and 40 CFR 180.930 for alkyl Since tolerances and exemptions that VIII. Congressional Review Act alcohol alkoxylate phosphate and are established on the basis of a petition sulfate derivatives are amended to under FFDCA section 408(d), such as Pursuant to the Congressional Review include the requested CAS Reg. Nos. the exemption in this final rule, do not Act (5 U.S.C. 801 et seq.), EPA will when used as inert ingredients require the issuance of a proposed rule, submit a report containing this rule and (surfactants) in pesticide formulations the requirements of the Regulatory other required information to the U.S. applied to growing crops, raw Flexibility Act (RFA) (5 U.S.C. 601 et Senate, the U.S. House of agricultural commodities after harvest seq.), do not apply. Representatives, and the Comptroller and to animals, not to exceed 30% of General of the United States prior to This final rule directly regulates pesticide formulations. publication of the rule in the Federal growers, food processors, food handlers, Register. This action is not a ‘‘major VII. Statutory and Executive Order and food retailers, not States or tribes, rule’’ as defined by 5 U.S.C. 804(2). Reviews nor does this action alter the This final rule establishes an relationships or distribution of power List of Subjects in 40 CFR Part 180 exemption from the requirement for a and responsibilities established by Environmental protection, tolerance in response to a petition Congress in the preemption provisions Administrative practice and procedure, submitted to the Agency under FFDCA of FFDCA section 408(n)(4). As such, Agricultural commodities, Pesticides section 408(d). The Office of the Agency has determined that this and pests, Reporting and recordkeeping Management and Budget (OMB) has action will not have a substantial direct requirements. exempted these types of actions from effect on States or tribal governments, review under Executive Order 12866, on the relationship between the national Dated: February 11, 2014. entitled ‘‘Regulatory Planning and government and the States or tribal Lois Rossi, Review’’ (58 FR 51735, October 4, 1993). governments, or on the distribution of Director, Registration Division, Office of Because this final rule has been power and responsibilities among the Pesticide Programs. exempted from review under Executive various levels of government or between Therefore, 40 CFR chapter I is Order 12866, this final rule is not the Federal Government and Indian amended as follows: subject to Executive Order 13211, tribes. Thus, the Agency has determined entitled ‘‘Actions Concerning that Executive Order 13132, entitled PART 180—[AMENDED] Regulations That Significantly Affect ‘‘Federalism’’ (64 FR 43255, August 10, Energy Supply, Distribution, or Use’’ (66 1999) and Executive Order 13175, ■ 1. The authority citation for part 180 FR 28355, May 22, 2001) or Executive entitled ‘‘Consultation and Coordination continues to read as follows: Order 13045, entitled ‘‘Protection of with Indian Tribal Governments’’ (65 FR Authority: 21 U.S.C. 321(q), 346a and 371. Children from Environmental Health 67249, November 9, 2000) do not apply ■ Risks and Safety Risks’’ (62 FR 19885, to this final rule. In addition, this final 2. In § 180.910, revise the following April 23, 1997). This final rule does not rule does not impose any enforceable inert ingredients in the table to read as contain any information collections duty or contain any unfunded mandate follows: subject to OMB approval under the as described under Title II of the § 180.910 Inert ingredients used pre- and Paperwork Reduction Act (PRA) (44 Unfunded Mandates Reform Act of 1995 post-harvest; exemptions from the U.S.C. 3501 et seq.), nor does it require (UMRA) (2 U.S.C. 1501 et seq.). requirement of a tolerance.

Inert ingredients Limits Uses

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a-Alkyl(C6-C15)-w-hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, Not to exceed 30% of pesticide formu- Surfactants, related adjuvants of magnesium, potassium, sodium, and zinc salts, poly(oxyethylene) content lation. surfactants. averages 2–4 moles (CAS Reg. Nos. 3088–31–1, 9004–82–4, 9004–84–6, 9021–91–4, 13150–00–0, 25446–78–0, 26183–44–8, 27140–00–7, 27731–61– 9, 27731–62–0, 32612–48–9, 34431–25–9, 35015–74–8, 50602–06–7, 52286– 18–7, 52286–19–8, 54116–08–4, 61702–79–2, 62755–21–9, 63428–86–4, 63428–87–5, 65086–57–9, 65086–79–5, 67674–66–2, 67845–82–3, 67845– 83–4, 68037–05–8, 68037–06–9, 68171–41–5, 68424–50–0, 68511–39–7, 68585–34–2, 68610–66–2, 68611–55–2, 68649–53–6, 68890–88–0, 68891– 29–2, 68891–30–5, 68891–38–3, 69011–37–6, 73665–22–2, 75422–21–8, 78330–16–2, 78330–17–3, 78330–25–3, 78330–26–4, 78330–27–5, 78330– 28–6, 78330–29–7, 78330–30–0, 96130–61–9, 106597–03–9, 110392–50–2, 125301–88–4, 125301–89–5, 125301–92–0, 125736–54–1, 157707–85–2, 160104–51–8, 160901–27–9, 160901–28–0, 160901–29–1, 160901–30–4, 161025–28–1, 161074–79–9, 162063–19–6).

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Inert ingredients Limits Uses

******* a-alkyl (minimum C6 linear, branched, saturated and/or unsaturated)-w- Not to exceed 30% of pesticide formu- Surfactants, related adjuvants of hydroxypolyoxyethylene polymer with or without polyoxypropylene, mixture of lation. surfactants. di- and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium and zinc salts of the phosphate esters; minimum oxyethylene content averages 2 moles; minimum oxypropylene content is 0 moles (CAS Reg. Nos. 9004–80–2, 9046–01– 9, 26982–05–8, 31800–89–2, 37280–82–3, 39464–66–9, 39341–09–8, 39341– 65–6, 39464–69–2, 42612–52–2, 50643–20–4, 50668–50–3, 51884–64–1, 52019–36–0, 57486–09–6, 58318–92–6, 59112–71–9, 60267–55–2, 61837– 79–4, 62362–49–6, 63747–86–4, 63887–55–8, 66272–25–1, 67711–84–6, 67786–06–5, 67989–06–4, 68070–99–5, 68071–17–0, 68071–35–2, 68071– 37–4, 68130–44–9, 68130–45–0, 68130–46–1, 68130–47–2, 68186–29–8, 68186–36–7, 68186–34–5, 68186–37–8, 68238–84–6, 68311–02–4, 68311– 04–6, 68389–72–0, 68413–78–5, 68425–73–0, 68425–75–2, 68439–39–4, 68458–48–0, 68511–15–9, 68511–36–4, 68511–37–5, 68551–05–3, 68585– 15–9, 68585–16–0, 68585–17–1, 68585–36–4, 68585–39–7, 68603–24–7, 68607–14–7, 68610–64–0, 68610–65–1, 68649–29–6, 68649–30–9, 68650– 84–0, 68815–11–2, 68855–46–9, 68856–03–1, 68890–90–4, 68890–91–5, 68891–12–3, 68891–13–4, 68891–26–9, 68908–64–5, 68909–65–9, 68909– 67–1, 68909–69–3, 68921–24–4, 68921–60–8, 68954–87–0, 68954–88–1, 68954–92–7, 68987–35–9, 69029–43–2, 69980–69–4, 70247–99–3, 70248– 14–5, 70903–63–8, 71965–23–6, 71965–24–7, 72480–27–4, 72623–67–7, 72623–68–8, 72828–56–9, 72828–57–0, 73018–34–5, 73038–25–2, 73050– 08–5, 73050–09–6, 73361–29–2, 73378–71–9, 73378–72–0, 73559–42–9, 73559–43–0, 73559–44–1, 73559–45–2, 74499–76–6, 76930–25–1, 78330– 22–0, 78330–24–2, 91254–26–1, 93925–54–3, 96416–89–6, 103170–31–6, 103170–32–7, 106233–09–4, 106233–10–7, 108818–88–8, 110392–49–9, 111798–26–6, 111905–50–1, 116671–23–9, 117584–36–8, 119415–05–3, 121158–61–0, 121158–63–2, 125139–13–1, 125301–86–2, 125301–87–3, 126646–03–5, 129870–77–5, 129870–80–0, 130354–37–9, 136504–88–6, 143372–50–3, 143372–51–4, 154518–39–5, 154518–40–8, 155240–11–2, 160498–49–7, 160611–24–5, 171543–66–1, 210493–60–0, 246159–55–7, 251298–11–0, 261627–68–3, 317833–96–8, 422563–19–7, 873662–29–4, 936100–29–7, 936100–30–0, 1072943–56–6, 1187742–89–7, 1187743–35–6).

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■ 3. In § 180.930, revise the following § 180.930 Inert ingredients applied to inert ingredients in the table to read as animals; exemptions from the requirement follows: of a tolerance.

Inert ingredients Limits Uses

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Inert ingredients Limits Uses

******* a-alkyl (minimum C6 linear, branched, saturated and/or unsaturated)-w- Not to exceed 30% of pesticide formu- Surfactants, related adjuvants of hydroxypolyoxyethylene polymer with or without polyoxypropylene, mixture of lation. surfactants di- and monohydrogen phosphate esters and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium and zinc salts of the phosphate esters; minimum oxyethylene content averages 2 moles; minimum oxypropylene content is 0 moles (CAS Reg. Nos. 9004–80–2, 9046–01– 9, 26982–05–8, 31800–89–2, 37280–82–3, 39464–66–9, 39341–09–8, 39341– 65–6, 39464–69–2, 42612–52–2, 50643–20–4, 50668–50–3, 51884–64–1, 52019–36–0, 57486–09–6, 58318–92–6, 59112–71–9, 60267–55–2, 61837– 79–4, 62362–49–6, 63747–86–4, 63887–55–8, 66272–25–1, 67711–84–6, 67786–06–5, 67989–06–4, 68070–99–5, 68071–17–0, 68071–35–2, 68071– 37–4, 68130–44–9, 68130–45–0, 68130–46–1, 68130–47–2, 68186–29–8, 68186–36–7, 68186–34–5, 68186–37–8, 68238–84–6, 68311–02–4, 68311– 04–6, 68389–72–0, 68413–78–5, 68425–73–0, 68425–75–2, 68439–39–4, 68458–48–0, 68511–15–9, 68511–36–4, 68511–37–5, 68551–05–3, 68585– 15–9, 68585–16–0, 68585–17–1, 68585–36–4, 68585–39–7, 68603–24–7, 68607–14–7, 68610–64–0, 68610–65–1, 68649–29–6, 68649–30–9, 68650– 84–0, 68815–11–2, 68855–46–9, 68856–03–1, 68890–90–4, 68890–91–5, 68891–12–3, 68891–13–4, 68891–26–9, 68908–64–5, 68909–65–9, 68909– 67–1, 68909–69–3, 68921–24–4, 68921–60–8, 68954–87–0, 68954–88–1, 68954–92–7, 68987–35–9, 69029–43–2, 69980–69–4, 70247–99–3, 70248– 14–5, 70903–63–8, 71965–23–6, 71965–24–7, 72480–27–4, 72623–67–7, 72623–68–8, 72828–56–9, 72828–57–0, 73018–34–5, 73038–25–2, 73050– 08–5, 73050–09–6, 73361–29–2, 73378–71–9, 73378–72–0, 73559–42–9, 73559–43–0, 73559–44–1, 73559–45–2, 74499–76–6, 76930–25–1, 78330– 22–0, 78330–24–2, 91254–26–1, 93925–54–3, 96416–89–6, 103170–31–6, 103170–32–7, 106233–09–4, 106233–10–7, 108818–88–8, 110392–49–9, 111798–26–6, 111905–50–1, 116671–23–9, 117584–36–8, 119415–05–3, 121158–61–0, 121158–63–2, 125139–13–1, 125301–86–2, 125301–87–3, 126646–03–5, 129870–77–5, 129870–80–0, 130354–37–9, 136504–88–6, 143372–50–3, 143372–51–4, 154518–39–5, 154518–40–8, 155240–11–2, 160498–49–7, 160611–24–5, 171543–66–1, 210493–60–0, 246159–55–7, 251298–11–0, 261627–68–3, 317833–96–8, 422563–19–7, 873662–29–4, 936100–29–7, 936100–30–0, 1072943–56–6, 1187742–89–7, 1187743–35–6).

*******

[FR Doc. 2014–03733 Filed 2–20–14; 8:45 am] EPA–HQ–OPP–2013–0008, are available list of North American Industrial BILLING CODE 6560–50–P at http://www.regulations.gov or at the Classification System (NAICS) codes is Office of Pesticide Programs Regulatory not intended to be exhaustive, but rather Public Docket (OPP Docket) in the provides a guide to help readers ENVIRONMENTAL PROTECTION Environmental Protection Agency determine whether this document AGENCY Docket Center (EPA/DC), EPA West applies to them. Potentially affected Bldg., Rm. 3334, 1301 Constitution Ave. entities may include: 40 CFR Part 180 NW., Washington, DC 20460–0001. The • Crop production (NAICS code 111). • [EPA–HQ–OPP–2012–0775 and EPA–HQ– Public Reading Room is open from 8:30 Animal production (NAICS code OPP–2013–0008; FRL–9905–87] a.m. to 4:30 p.m., Monday through 112). Friday, excluding legal holidays. The • Food manufacturing (NAICS code Saflufenacil; Pesticide Tolerances telephone number for the Public 311). • Pesticide manufacturing (NAICS AGENCY: Reading Room is (202) 566–1744, and Environmental Protection code 32532). Agency (EPA). the telephone number for the OPP Docket is (703) 305–5805. Please review ACTION: Final rule. B. How can I get electronic access to the visitor instructions and additional other related information? SUMMARY: This regulation establishes information about the docket available You may access a frequently updated tolerances for residues of saflufenacil in at http://www.epa.gov/dockets. electronic version of EPA’s tolerance or on multiple commodities which are FOR FURTHER INFORMATION CONTACT: Lois regulations at 40 CFR part 180 through identified and discussed later in this Rossi, Registration Division (7505P), the Government Printing Office’s e-CFR document. BASF Corporation requested Office of Pesticide Programs, site at http://www.ecfr.gov/cgi-bin/text- these tolerances under the Federal Food, Environmental Protection Agency, 1200 idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Drug, and Cosmetic Act (FFDCA). Pennsylvania Ave. NW., Washington, 40tab_02.tpl. DATES: This regulation is effective DC 20460–0001; telephone number: February 21, 2014. Objections and (703) 305–7090; email address: C. How can I file an objection or hearing requests for hearings must be received [email protected]. request? on or before April 22, 2014, and must SUPPLEMENTARY INFORMATION: Under FFDCA section 408(g), 21 be filed in accordance with the I. General Information U.S.C. 346a, any person may file an instructions provided in 40 CFR part objection to any aspect of this regulation 178 (see also Unit I.C. of the A. Does this Action apply to me? and may also request a hearing on those SUPPLEMENTARY INFORMATION). You may be potentially affected by objections. You must file your objection ADDRESSES: The dockets in this action, this action if you are an agricultural or request a hearing on this regulation identified by docket identification (ID) producer, food manufacturer, or in accordance with the instructions number EPA–HQ–OPP–2012–0775 and pesticide manufacturer. The following provided in 40 CFR part 178. To ensure

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proper receipt by EPA, you must is available in the docket, http:// comments received in response to the identify the docket ID number EPA– www.regulations.gov. There were no notice of filing. HQ–OPP–2012–0775 and/or EPA–HQ– comments received in response to the Based upon review of the data OPP–2013–0008 in the subject line on notice of filing. supporting the petitions, EPA has the first page of your submission. All In the Federal Register of February determined that the tolerance level of objections and requests for a hearing 27, 2013 (78 FR 13295) (FRL–9380–2) 0.03 ppm requested for sugarcane, cane must be in writing, and must be (EPA–HQ–OPP–2013–0008), EPA issued is increased to 0.05 ppm; and the received by the Hearing Clerk on or a document pursuant to FFDCA section tolerance level of 0.075 ppm requested before April 22, 2014. Addresses for 408(d)(3), 21 U.S.C. 346a(d)(3), for sugarcane, molasses is increased to mail and hand delivery of objections announcing the filing of a pesticide 0.08 ppm. Additionally, tolerances and hearing requests are provided in 40 petition (PP 2F8139) by BASF requested for sugarcane, refined sugar CFR 178.25(b). Corporation, 26 Davis Dr., P.O. Box and rice, straw are not being established In addition to filing an objection or 13528, Research Triangle Park, NC at this time. The reasons for these hearing request with the Hearing Clerk 27709–3528. The petition requested that changes are explained in Unit IV.C. as described in 40 CFR part 178, please 40 CFR 180.649 be amended by III. Aggregate Risk Assessment and submit a copy of the filing (excluding establishing tolerances for residues of Determination of Safety any Confidential Business Information the herbicide, saflufenacil, including its Section 408(b)(2)(A)(i) of FFDCA (CBI)) for inclusion in the public docket. metabolites and degradates, in or on allows EPA to establish a tolerance (the Information not marked confidential crayfish at 0.01 ppm. In the Federal legal limit for a pesticide chemical pursuant to 40 CFR part 2 may be Register of December 30, 2013 (78 FR residue in or on a food) only if EPA disclosed publicly by EPA without prior 79359) (FRL–9903–69) (EPA–HQ–OPP– determines that the tolerance is ‘‘safe.’’ notice. Submit the non-CBI copy of your 2013–0008) EPA issued a document Section 408(b)(2)(A)(ii) of FFDCA objection or hearing request, identified pursuant to FFDCA section 408(d)(3), 21 defines ‘‘safe’’ to mean that ‘‘there is a by docket ID number EPA–HQ–OPP– U.S.C. 346a(d)(3), announcing a revision reasonable certainty that no harm will 2012–0775 and/or EPA–HQ–OPP–2013– to the original pesticide petition (PP result from aggregate exposure to the 0008, by one of the following methods: 2F8139) by BASF Corporation, 26 Davis • Federal eRulemaking Portal: http:// pesticide chemical residue, including Dr., P.O. Box 13528, Research Triangle www.regulations.gov. Follow the online all anticipated dietary exposures and all Park, NC 27709–3528. The revised instructions for submitting comments. other exposures for which there is petition requested that 40 CFR 180.649 Do not submit electronically any reliable information.’’ This includes be amended by establishing tolerances information you consider to be CBI or exposure through drinking water and in for residues of the herbicide, other information whose disclosure is residential settings, but does not include saflufenacil, including its metabolites restricted by statute. occupational exposure. Section and degradates, in or on fish-freshwater • Mail: OPP Docket, Environmental 408(b)(2)(C) of FFDCA requires EPA to finfish and fish-shellfish crustacean at Protection Agency Docket Center (EPA/ give special consideration to exposure 0.01 ppm instead of ‘‘crayfish at 0.01 DC), (28221T), 1200 Pennsylvania Ave. of infants and children to the pesticide ppm’’ based on the Agency’s evaluation NW., Washington, DC 20460–0001. chemical residue in establishing a of the data supporting the original • Hand Delivery: To make special tolerance and to ‘‘ensure that there is a petition. That document referenced a arrangements for hand delivery or reasonable certainty that no harm will summary of the petition prepared by delivery of boxed information, please result to infants and children from BASF Corporation, the registrant, which follow the instructions at http:// aggregate exposure to the pesticide is available in the docket, http:// www.epa.gov/dockets/contacts.html. chemical residue. . . .’’ Additional instructions on www.regulations.gov. There were no Consistent with FFDCA section commenting or visiting the docket, comments received in response to the 408(b)(2)(D), and the factors specified in along with more information about notice of filing. FFDCA section 408(b)(2)(D), EPA has dockets generally, is available at In the Federal Register of June 5, 2013 reviewed the available scientific data http://www.epa.gov/dockets. (78 FR 33785) (FRL–9386–2) (EPA–HQ– and other relevant information in OPP–2013–0008), EPA issued a II. Summary of Petitioned-for Tolerance support of this action. EPA has document pursuant to FFDCA section sufficient data to assess the hazards of In the Federal Register of November 408(d)(3), 21 U.S.C. 346a(d)(3), and to make a determination on 7, 2012 (77 FR 66781) (FRL–9367–5) announcing the filing of a pesticide aggregate exposure for saflufenacil (EPA–HQ–OPP–2012–0775), EPA issued petition (PP 2F8129) by BASF including exposure resulting from the a document pursuant to FFDCA section Corporation, 26 Davis Dr., P.O. Box tolerances established by this action. 408(d)(3), 21 U.S.C. 346a(d)(3), 13528, Research Triangle Park, NC EPA’s assessment of exposures and risks announcing the filing of a pesticide 27709–3528. The petition requested that associated with saflufenacil follows. petition (PP 2E8065) by BASF 40 CFR 180.649 be amended by Corporation, 26 Davis Dr., P.O. Box amending tolerances for residues of the A. Toxicological Profile 13528, Research Triangle Park, NC herbicide, saflufenacil, including its EPA has evaluated the available 27709–3528. The petition requested that metabolites and degradates, in or on toxicity data and considered its validity, 40 CFR 180.649 be amended by rice, straw at 0.30 ppm and amend the completeness, and reliability as well as establishing tolerances for residues of current commodity definition ‘‘Grain, the relationship of the results of the the herbicide, saflufenacil, including its cereal, forage, fodder and straw group studies to human risk. EPA has also metabolites and degradates, in or on 16’’ to ‘‘Grain, cereal, forage, fodder and considered available information sugarcane, cane at 0.03 parts per million straw group 16 (except rice straw).’’ concerning the variability of the (ppm); sugarcane, molasses at 0.075 That document referenced a summary of sensitivities of major identifiable ppm; and sugarcane, refined sugar at the petition prepared by BASF subgroups of consumers, including 0.045 ppm. That document referenced a Corporation, the registrant, which is infants and children. summary of the petition prepared by available in the docket, http:// Saflufenacil has low acute toxicity via BASF Corporation, the registrant, which www.regulations.gov. There were no all routes of exposure. Subchronic and

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chronic toxicity studies in rats, mice, indicating increased quantitative ID numbers EPA–HQ–OPP–2012–0775 and dogs identified the hematopoietic susceptibility. In the 2-generation and EPA–HQ–OPP–2013–0008. system as the primary target of reproductive toxicity study in rats, the B. Toxicological Points of Departure/ saflufenacil. Consistent with its reported offspring effects were more Levels of Concern proposed mode of toxicity involving severe than the maternal effects at the protoporphyrinogen IX oxidase (PPO) same dose level, indicating evidence for Once a pesticide’s toxicological inhibition and subsequent disruption of increased qualitative susceptibility. An profile is determined, EPA identifies heme biosynthesis, decreased increased number of stillborn pups, toxicological points of departure (POD) hematological parameters were seen at decreased viability and lactation and levels of concern to use in about the same dose level [lowest- indices, decreased pre-weaning body evaluating the risk posed by human observed adverse-effect levels (LOAELs) weight and/or body-weight gain, and exposure to the pesticide. For hazards of 13–39 milligram/kilogram/day (mg/ changes in hematological parameters that have a threshold below which there kg/day)] across species, except in the occurred at the same dose level as is no appreciable risk, the toxicological case of the dog, where the effects were maternal decrements in food intake, POD is used as the basis for derivation seen at a slightly higher dose (LOAELs body weight, body-weight gain, and of reference values for risk assessment. of 50–100 mg/kg/day). These effects changes in hematological parameters PODs are developed based on a careful occurred around the same dose level and organ weights indicative of anemia. analysis of the doses in each from short- through long-term exposures There is no evidence of neurotoxicity toxicological study to determine the without increasing in severity. In line or immunotoxicity in the saflufenacil dose at which no adverse effects are with findings that male rats achieve a database. observed (the NOAEL) and the lowest greater systemic exposure than females, Saflufenacil was weakly clastogenic dose at which adverse effects of concern males were the most sensitive sex in in the in vitro chromosomal aberration are identified (the LOAEL). Uncertainty/ mice and rats. Effects were also seen in assay in V79 cells in the presence of S9 safety factors are used in conjunction the liver (increased weight, activation; however, the response was with the POD to calculate a safe centrilobular fatty change, lymphoid not evident in the absence of S9 exposure level—generally referred to as infiltrate) in mice, the spleen (increased activation. It was neither mutagenic in a population-adjusted dose (PAD) or a spleen weight and extramedullary bacterial cells nor clastogenic in rodents reference dose (RfD)—and a safe margin hematopoiesis) in rats, and in both of in vivo. Carcinogenicity studies in rats of exposure (MOE). For non-threshold these organs (increased iron storage in and mice showed no evidence of risks, the Agency assumes that any the liver and extramedullary increased incidence of tumors at the amount of exposure will lead to some hematopoiesis in the spleen) in dogs. tested doses. Saflufenacil is classified as degree of risk. Thus, the Agency These effects also occurred around the ‘‘not likely carcinogenic to humans.’’ estimates risk in terms of the probability same dose level from short- through Specific information on the studies of an occurrence of the adverse effect long-term exposures without increasing received and the nature of the adverse expected in a lifetime. For more in severity. effects caused by saflufenacil as well as information on the general principles Increased fetal susceptibility was the no-observed-adverse-effect-level EPA uses in risk characterization and a observed in the developmental toxicity (NOAEL) and the lowest-observed- complete description of the risk studies in the rat and rabbit and in the adverse-effect-level (LOAEL) from the assessment process, see http:// 2-generation reproduction study in the toxicity studies can be found at http:// www.epa.gov/pesticides/factsheets/ rat. Developmental effects (decreased www.regulations.gov in document riskassess.htm. fetal body weights and increased ‘‘Saflufenacil. Human-Health Risk A summary of the toxicological skeletal variations in rats and increased Assessment in Support of Tolerances for endpoints for saflufenacil used for liver porphyrins in rabbits) occurred at Residues in/on Fish, Crayfish, and human risk assessment is shown in doses that were not maternally toxic, Imported Sugarcane’’ at p. 26 in docket Table 1 of this unit.

TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR SAFLUFENACIL FOR USE IN HUMAN HEALTH RISK ASSESSMENT

Point of departure and Exposure/scenario uncertainty/safety RfD, PAD, LOC for Study and toxicological effects factors risk assessment

Acute dietary (General NOAEL = 500 mg/kg/ Acute RfD = 5.0 mg/ Acute Neurotoxicity Study (rat). population including day. kg/day. LOAEL = 2,000 mg/kg/day based on decreased motor activity rep- infants and children). UFA = 10X aPAD = 5.0 mg/kg/day resenting mild and transient systemic toxicity in male rats. UFH = 10X FQPA SF = 1X Chronic dietary (All NOAEL= 4.6 mg/kg/ Chronic RfD = 0.046 Chronic/Carcinogenicity (mouse). populations). day. mg/kg/day. LOAEL = 13.8 mg/kg/day based on decreased red blood cells, he- moglobin, hematocrit, and porphyria observed in the satellite group. UFA = 10X cPAD = 0.046 mg/kg/ UFH = 10X day. FQPA SF = 1X

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TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR SAFLUFENACIL FOR USE IN HUMAN HEALTH RISK ASSESSMENT—Continued

Point of departure and Exposure/scenario uncertainty/safety RfD, PAD, LOC for Study and toxicological effects factors risk assessment

Cancer (Oral, dermal, Not likely carcinogenic to humans based on the lack of tumors in the mouse and rat carcinogenicity studies and lack of inhalation). mutagenicity. FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = milligram/kilogram/day. NOAEL = no-observed-adverse-effect-level. PAD = population-adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies).

C. Exposure Assessment simulation models take into account purposes of this tolerance action, 1. Dietary exposure from food and data on the physical, chemical, and fate/ therefore, EPA has assumed that feed uses. In evaluating dietary transport characteristics of saflufenacil. saflufenacil does not have a common exposure to saflufenacil, EPA Further information regarding EPA mechanism of toxicity with other considered exposure under the drinking water models used in pesticide substances. For information regarding petitioned-for tolerances as well as all exposure assessment can be found at EPA’s efforts to determine which existing saflufenacil tolerances in 40 http://www.epa.gov/oppefed1/models/ chemicals have a common mechanism CFR 180.649. EPA assessed dietary water/index.htm. of toxicity and to evaluate the Based on the Tier 1 Rice Model and cumulative effects of such chemicals, exposures from saflufenacil in food as Tier II Pesticide Root Zone Model see EPA’s Web site at http:// follows: Ground Water (PRZM GW), the i. Acute and chronic exposure. www.epa.gov/pesticides/cumulative. estimated drinking water concentrations Quantitative acute dietary exposure and (EDWCs) of saflufenacil for acute D. Safety Factor for Infants and risk assessments are performed for a exposures are estimated to be 133 parts Children food-use pesticide, if a toxicological per billion (ppb) for surface water and 1. In general. Section 408(b)(2)(C) of study has indicated the possibility of an 69.2 ppb for ground water. Chronic FFDCA provides that EPA shall apply effect of concern occurring as a result of exposures for non-cancer assessments an additional tenfold (10X) margin of a 1-day or single exposure. Such effects are estimated to be 120 ppb for surface safety for infants and children in the were identified for saflufenacil. water and 51.5 ppb for ground water. case of threshold effects to account for In estimating both acute and chronic Modeled estimates of drinking water prenatal and postnatal toxicity and the dietary exposure, EPA used the Dietary concentrations were directly entered completeness of the database on toxicity Exposure Evaluation Model—Food into the dietary exposure model. For and exposure unless EPA determines Consumption Intake Database (DEEM) acute dietary risk assessment, the water based on reliable data that a different which incorporates food consumption concentration value of 133 ppb was margin of safety will be safe for infants information from the United States used to assess the contribution to and children. This additional margin of Department of Agriculture (USDA) drinking water. For chronic dietary risk safety is commonly referred to as the National Health and Nutrition assessment, the water concentration of Food Quality Protection Act Safety Examination Survey, What We Eat in value 120 ppb was used to assess the Factor (FQPA SF). In applying this America, (NHANES/WWEIA; 2003– contribution to drinking water. provision, EPA either retains the default 2008). As to residue levels in food, EPA 3. From non-dietary exposure. The value of 10X, or uses a different assumed 100 percent crop treated (PCT), term ‘‘residential exposure’’ is used in additional SF when reliable data DEEM 7.81 default processing factors, this document to refer to non- available to EPA support the choice of and tolerance-level or higher (i.e., occupational, non-dietary exposure a different factor. tolerance levels adjusted to take into (e.g., for lawn and garden pest control, 2. Prenatal and postnatal sensitivity. account metabolite levels) residues for indoor pest control, termiticides, and Increased fetal susceptibility was all foods. flea and tick control on pets). observed in the developmental toxicity ii. Cancer. Based on the data Saflufenacil is not registered for any studies in the rat and rabbit and in the summarized in Unit III.A., EPA has specific use patterns that would result 2-generation reproduction study in the concluded that saflufenacil does not in residential exposure. rat. Developmental effects (decreased pose a cancer risk to humans. Therefore, 4. Cumulative effects from substances fetal body weights and increased a dietary exposure assessment for the with a common mechanism of toxicity. skeletal variations in rats and increased purpose of assessing cancer risk is Section 408(b)(2)(D)(v) of FFDCA liver porphyrins in rabbits) occurred at unnecessary. requires that, when considering whether doses that were not maternally toxic in iii. Anticipated residue and PCT to establish, modify, or revoke a the developmental studies, indicating information. EPA did not use tolerance, the Agency consider increased quantitative susceptibility. In anticipated residue and/or PCT ‘‘available information’’ concerning the the 2-generation reproductive toxicity information in the dietary assessment cumulative effects of a particular study in rats, the reported offspring for saflufenacil. Tolerance level residues pesticide’s residues and ‘‘other effects were more severe than the and/or 100 PCT were assumed for all substances that have a common maternal effects at the same dose level, food commodities. mechanism of toxicity.’’ EPA has not indicating evidence for increased 2. Dietary exposure from drinking found saflufenacil to share a common qualitative susceptibility. An increased water. The Agency used screening level mechanism of toxicity with any other number of stillborn pups, decreased water exposure models in the dietary substances, and saflufenacil does not viability and lactation indices, exposure analysis and risk assessment appear to produce a toxic metabolite decreased pre-weaning body weight for saflufenacil in drinking water. These produced by other substances. For the and/or body-weight gain, and changes

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in hematological parameters occurred at 1. Acute risk. Using the exposure possible, consistent with U.S. food the same dose level as maternal assumptions discussed in this unit for safety standards and agricultural decrements in food intake, body weight, acute exposure, the acute dietary practices. EPA considers the body-weight gain, and changes in exposure from food and water to international maximum residue limits hematological parameters and organ saflufenacil will occupy <1% of the (MRLs) established by the Codex weights indicative of anemia. aPAD for infants less than 1-year old, Alimentarius Commission (Codex), as 3. Conclusion. EPA has determined the population group receiving the required by FFDCA section 408(b)(4). that reliable data show the safety of greatest exposure. The Codex Alimentarius is a joint infants and children would be 2. Chronic risk. Using the exposure United Nations Food and Agriculture adequately protected if the FQPA SF assumptions described in this unit for Organization/World Health were reduced to 1X. That decision is chronic exposure, EPA has concluded Organization food standards program, based on the following findings: that chronic exposure to saflufenacil and it is recognized as an international i. The toxicity database for from food and water will utilize 18% of food safety standards-setting saflufenacil is complete. the cPAD for infants <1-year old, the organization in trade agreements to ii. There is no indication that population group receiving the greatest which the United States is a party. EPA saflufenacil is a neurotoxic chemical exposure. There are no residential uses may establish a tolerance that is and there is no need for a for saflufenacil. different from a Codex MRL; however, developmental neurotoxicity study or 3. Short and intermediate-term risk. FFDCA section 408(b)(4) requires that additional UFs to account for Short and intermediate-term aggregate EPA explain the reasons for departing neurotoxicity. exposure takes into account short and from the Codex level. The Codex has not iii. The concern for increased intermediate-term residential exposures established a MRL for saflufenacil. susceptibility following prenatal or plus chronic exposure to food and water C. Revisions to Petitioned-for Tolerances postnatal exposure is low because clear (considered to be a background exposure level). Because there is no EPA has increased the tolerance level NOAELs/LOAELs were established for requested by BASF Corporation in the developmental effects seen in rats short or intermediate-term residential exposure and chronic dietary exposure petition 2E8065 for sugarcane, cane and rabbits as well as for the offspring from 0.03 ppm to 0.05 ppm based on the effects seen in the 2-generation has already been assessed under the appropriately protective cPAD (which is residue data for sugarcane and use of reproductive toxicity study. Further, the the Organization for Economic Co- dose-response relationship for the at least as protective as the POD used to assess short-term risk), no further operation and Development (OECD) effects of concern is also well tolerance calculation procedures. Also, characterized and being used for assessment of short or intermediate-term risk is necessary, and EPA relies on the based on the residue data for sugarcane assessing risks. None of the effects in and to account for concentrations of chronic dietary risk assessment for the developmental or reproduction residues during processing, a tolerance evaluating short-term risk for studies were attributable to a single of 0.08 ppm is required for residues in saflufenacil. exposure and, therefore, are not of or on sugarcane, molasses. Residues did 4. Aggregate cancer risk for U.S. concern for acute risk assessment. The not concentrate in refined sugar, so the population. Based on the lack of chronic point of departure used for risk tolerance proposed for this commodity evidence of carcinogenicity in two assessment is protective of any will not be established at this time. In adequate rodent carcinogenicity studies, developmental and offspring effects addition, the proposed tolerances for saflufenacil is not expected to pose a observed in these studies. rice straw in PP 2F8129 will not be cancer risk to humans. iv. There are no residual uncertainties established since rice straw is not a 5. Determination of safety. Based on identified in the exposure databases. significant livestock item. Therefore, the these risk assessments, EPA concludes The dietary food exposure assessments associated request for a change in the that there is a reasonable certainty that were performed based on 100 PCT and commodity definition is not necessary. tolerance-level residues. EPA made no harm will result to the general conservative (protective) assumptions in population, or to infants and children V. Conclusion the ground and surface water modeling from aggregate exposure to saflufenacil Therefore, tolerances are established used to assess exposure to saflufenacil residues. for residues of saflufenacil, 2-chloro-5- in drinking water. These assessments IV. Other Considerations [3,6-dihydro-3-methyl-2,6-dioxo-4- will not underestimate the exposure and (trifluoromethyl)-1(2H)-pyrimidinyl]-4- risks posed by saflufenacil. A. Analytical Enforcement Methodology fluoro-N-[[methyl(1- Adequate enforcement methods methylethyl)amino]sulfonyl]benzamide, E. Aggregate Risks and Determination of and its metabolites and degradates in or Safety ‘‘D0603/02’’ and ‘‘L0073/01’’ (liquid chromatography/mass spectroscopy/ on sugarcane, cane at 0.05 ppm and EPA determines whether acute and mass spectroscopy (LC–MS/MS)) are sugarcane, molasses at 0.08 ppm. Also, chronic dietary pesticide exposures are available to enforce the tolerance tolerances are established for residues of safe by comparing aggregate exposure expression. These methods may be the parent, saflufenacil, in fish- estimates to the acute PAD (aPAD) and requested from: Chief, Analytical freshwater finfish and fish-shellfish, chronic PAD (cPAD). For linear cancer Chemistry Branch, Environmental crustacean at 0.01 ppm. Compliance risks, EPA calculates the lifetime Science Center, 701 Mapes Rd., Ft. with the sugarcane, cane and sugarcane, probability of acquiring cancer given the Meade, MD 20755–5350; telephone molasses tolerances is to be determined estimated aggregate exposure. Short-, number: (410) 305–2905; email address: by measuring the sum of saflufenacil, 2- intermediate-, and chronic-term risks [email protected]. chloro-5-[3,6-dihydro-3-methyl-2,6- are evaluated by comparing the dioxo-4-(trifluoromethyl)- 1(2H)- estimated aggregate food, water, and B. International Residue Limits pyrimidinyl]-4-fluoro-N -[[methyl(1- residential exposure to the appropriate In making its tolerance decisions, EPA methylethyl)amino]sulfonyl]benzamide, PODs to ensure that an adequate MOE seeks to harmonize U.S. tolerances with and its metabolites N-[2-chloro-5-(2,6- exists. international standards whenever dioxo-4-(trifluoromethyl)-3,6-dihydro-

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1(2H)-pyrimidinyl)-4-fluorobenzoyl]-N- governments, or on the distribution of (1) * * * isopropylsulfamide and N-[4-chloro-2- power and responsibilities among the { fluoro-5 ( [(isopropylamino)sulfonyl] various levels of government or between Commodity Parts per amino}carbonyl)phenyl]urea calculated the Federal Government and Indian million as the stoichiometric equivalent of Tribes. Thus, the Agency has saflufenacil; compliance with the fish- determined that Executive Order 13132, ***** freshwater finfish and fish-shellfish, entitled ‘‘Federalism’’ (64 FR 43255, crustacean tolerances are to be August 10, 1999) and Executive Order Sugarcane, cane 2 ...... 0.05 determined by measuring only 13175, entitled ‘‘Consultation and Sugarcane, molasses 2 ...... 0.08 saflufenacil, 2-chloro-5-[3,6-dihydro-3- Coordination with Indian Tribal methyl-2,6-dioxo-4-(trifluoromethyl)- Governments’’ (65 FR 67249, November ***** 1(2H)-pyrimidinyl]-4-fluoro-N- 9, 2000) do not apply to this final rule. [[methyl(1- In addition, this final rule does not methylethyl)amino]sulfonyl]benzamide. impose any enforceable duty or contain * * * * * 2 any unfunded mandate as described No U.S. registration as of February VI. Statutory and Executive Order 21, 2014. Reviews under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. (2) * * * This final rule establishes tolerances 1501 et seq.). under FFDCA section 408(d) in Parts per This action does not involve any Commodity million response to a petition submitted to the technical standards that would require Agency. The Office of Management and Agency consideration of voluntary Budget (OMB) has exempted these types consensus standards pursuant to section ***** of actions from review under Executive 12(d) of the National Technology Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act of 1995 Fish-freshwater finfish ...... 0.01 Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). Fish-shellfish, crustacean ...... 0.01 October 4, 1993). Because this final rule has been exempted from review under VII. Congressional Review Act ***** Executive Order 12866, this final rule is Pursuant to the Congressional Review not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will * * * * * entitled ‘‘Actions Concerning submit a report containing this rule and [FR Doc. 2014–03734 Filed 2–20–14; 8:45 am] Regulations That Significantly Affect other required information to the U.S. Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of BILLING CODE 6560–50–P FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller Order 13045, entitled ‘‘Protection of General of the United States prior to Children from Environmental Health publication of the rule in the Federal DEPARTMENT OF COMMERCE Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major April 23, 1997). This final rule does not rule’’ as defined by 5 U.S.C. 804(2). National Oceanic and Atmospheric contain any information collections Administration subject to OMB approval under the List of Subjects in 40 CFR Part 180 Paperwork Reduction Act (PRA) (44 Environmental protection, 50 CFR Part 622 U.S.C. 3501 et seq.), nor does it require Administrative practice and procedure, any special considerations under Agricultural commodities, Pesticides [Docket No. 001005281–0369–02] Executive Order 12898, entitled and pests, Reporting and recordkeeping ‘‘Federal Actions to Address requirements. RIN 0648–XD137 Environmental Justice in Minority Populations and Low-Income Dated: February 11, 2014. Fisheries of the Caribbean, Gulf of Populations’’ (59 FR 7629, February 16, Lois Rossi, Mexico, and South Atlantic; 2014 1994). Director, Registration Division, Office of Commercial Accountability Measure Since tolerances and exemptions that Pesticide Programs. and Closure for Coastal Migratory are established on the basis of a petition Therefore, 40 CFR chapter I is Pelagic Resources of the Gulf of under FFDCA section 408(d), such as amended as follows: Mexico and South Atlantic the tolerances in this final rule, do not require the issuance of a proposed rule, PART 180—[AMENDED] AGENCY: National Marine Fisheries the requirements of the Regulatory Service (NMFS), National Oceanic and Flexibility Act (RFA) (5 U.S.C. 601 et ■ 1. The authority citation for part 180 Atmospheric Administration (NOAA), seq.), do not apply. continues to read as follows: Commerce. This final rule directly regulates Authority: 21 U.S.C. 321(q), 346a and 371. ACTION: Temporary rule; closure. growers, food processors, food handlers, ■ 2. In § 180.649: and food retailers, not States or tribes, SUMMARY: NMFS implements an ■ a. Add alphabetically the following accountability measure (AM) to close nor does this action alter the commodities and footnote 2 to the table relationships or distribution of power the hook-and-line component of the in paragraph (a)(1). commercial sector for king mackerel in and responsibilities established by ■ b. Add alphabetically the following the southern Florida west coast Congress in the preemption provisions commodities to the table in paragraph of FFDCA section 408(n)(4). As such, subzone. This closure is necessary to (a)(2). protect the Gulf of Mexico (Gulf) king the Agency has determined that this The amendments read as follows: action will not have a substantial direct mackerel resource. effect on States or tribal governments, § 180.649 Saflufenacil; tolerances for DATES: This rule is effective 12:01 a.m., on the relationship between the national residues. local time, February 21, 2014, through government and the States or tribal (a) * * * June 30, 2014.

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FOR FURTHER INFORMATION CONTACT: Under 50 CFR 622.8(b), NMFS is necessary for the conservation and Susan Gerhart, telephone: 727–824– required to close any component of the management of the Gulf migratory group 5305, email: [email protected]. king mackerel commercial sector when king mackerel resource and is consistent SUPPLEMENTARY INFORMATION: The its quota has been reached, or is with the Magnuson-Stevens Act and fishery for coastal migratory pelagic fish projected to be reached, by filing a other applicable laws. (king mackerel, Spanish mackerel, and notification at the Office of the Federal This action is taken under 50 CFR cobia) is managed under the Fishery Register. NMFS has determined the 622.8(b) and is exempt from review Management Plan for the Coastal quota for the hook-and-line component under Executive Order 12866. Migratory Pelagic Resources of the Gulf of the commercial sector for Gulf These measures are exempt from the of Mexico and South Atlantic (FMP). migratory group king mackerel in the procedures of the Regulatory Flexibility The FMP was prepared by the Gulf of southern Florida west coast subzone Act because the temporary rule is issued Mexico and South Atlantic Fishery will be reached by February 21, 2014. without opportunity for prior notice and Management Councils (Councils) and is Accordingly, the hook-and-line comment. implemented under the authority of the component of the commercial sector for This action responds to the best Magnuson-Stevens Fishery Gulf migratory group king mackerel in available information recently obtained Conservation and Management Act the southern Florida west coast subzone from the fishery. The Assistant (Magnuson-Stevens Act) by regulations is closed effective 12:01 a.m., local time, Administrator for Fisheries, NOAA, at 50 CFR part 622. February 21, 2014, through June 30, (AA), finds that the need to immediately On April 27, 2000, NMFS 2014, the end of the fishing year. On implement this action to close the hook- implemented the final rule (65 FR January 29, 2014, NMFS implemented a and-line component of the commercial 16336, March 28, 2000) that divided the temporary rule to close commercial sector constitutes good cause to waive Florida west coast subzone of the Gulf harvest of king mackerel in the southern the requirements to provide prior notice eastern zone into northern and southern Florida west coast subzone of the and opportunity for public comment subzones, and established their separate eastern zone of the Gulf EEZ using run- pursuant to the authority set forth in 5 commercial quotas. On January 30, around gillnet gear (79 FR 3200, January U.S.C. 553(b)(B), as such procedures 2012, NMFS implemented the final rule 31, 2014). (76 FR 82058, December 29, 2011) that As specified in 50 CFR 622.384(e), would be unnecessary and contrary to established annual catch limits (ACLs), during the closure period no person the public interest. Such procedures equal to commercial quotas. The 2013 to aboard a vessel for which a commercial would be unnecessary because the rule 2014 fishing year quota for the hook- permit for king mackerel has been itself already has been subject to notice and-line component of the commercial issued may harvest or possess Gulf and comment, and all that remains is to sector in the southern Florida west coast migratory group king mackerel in or notify the public of the closure. subzone is 551,448 lb (250,133 kg) (50 from Federal waters of the closed Allowing prior notice and CFR 622.384(b)(1)(i)(B)(1)). subzone. However, there is one opportunity for public comment is From November 1 through March 31, exception that a person aboard a vessel contrary to the public interest because the southern subzone encompasses an that has a valid charter/headboat permit of the need to immediately implement area of the EEZ south of a line extending and also has a commercial king this action to protect the fishery since due west of the Lee/Collier County, FL, mackerel permit for coastal migratory the capacity of the fishing fleet allows boundary on the Florida west coast, and pelagic fish may continue to retain king for rapid harvest of the ACL (quota). south of a line extending due east of the mackerel in or from the closed subzone Prior notice and opportunity for public Monroe/Miami-Dade County, FL, under the 2-fish daily bag limit, comment would require time and would boundary on the Florida east coast, provided the vessel is operating as a potentially result in a harvest well in which includes the EEZ off Collier and charter vessel or headboat. Charter excess of the established quota. Monroe Counties, FL. From April 1 vessels or headboats that hold a For the aforementioned reasons, the through October 31, the southern commercial king mackerel permit are AA also finds good cause to waive the subzone is reduced to the EEZ off considered to be operating as a charter 30-day delay in effectiveness of the Collier County, and the EEZ off Monroe vessel or headboat when they carry a action under 5 U.S.C. 553(d)(3). County becomes part of the Atlantic passenger who pays a fee or when more Authority: 16 U.S.C. 1801 et seq. migratory group area. than three persons are aboard, including Dated: February 18, 2014. On February 16, 2014, NMFS operator and crew. implemented a 500-lb (227-kg) trip limit Emily H. Menashes, for vessels in the hook-and-line Classification Acting Director, Office of Sustainable component of the commercial sector for The Regional Administrator, Fisheries, National Marine Fisheries Service. king mackerel in or from the EEZ in the Southeast Region, NMFS, has [FR Doc. 2014–03718 Filed 2–18–14; 4:15 pm] southern Florida west coast subzone. determined this temporary rule is BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 79, No. 35

Friday, February 21, 2014

This section of the FEDERAL REGISTER For service information identified in Discussion contains notices to the public of the proposed this AD, contact Turbomeca, S.A., 40220 On May 4, 2007, we issued AD 2007– issuance of rules and regulations. The Tarnos, France; phone: 33 (0)5 59 74 40 purpose of these notices is to give interested 10–07, Amendment 39–15048 (72 FR 00; telex: 570 042; fax: 33 (0)5 59 74 45 26711, May 11, 2007). AD 2007–10–07 persons an opportunity to participate in the 15. You may view this service rule making prior to the adoption of the final applies to all Turbomeca Arriel S.A. 2B, rules. information at the FAA, Engine & 2B1, and 2B1A turboshaft engines. AD Propeller Directorate, 12 New England 2007–10–07 requires an initial Executive Park, Burlington, MA. For inspection of the splines of the coupling DEPARTMENT OF TRANSPORTATION information on the availability of this assembly and the HMU drive gear shaft material at the FAA, call 781–238–7125. for wear as well as an additional Federal Aviation Administration Examining the AD Docket inspection every time the HMU is removed. AD 2007–10–07 resulted from You may examine the AD docket on 14 CFR Part 39 reports of in-flight shutdown resulting the Internet at http:// from deterioration of the splines of the [Docket No. FAA–2006–23809; Directorate www.regulations.gov by searching for coupling assembly and the HMU drive Identifier 2005–NE–52–AD] and locating Docket No. FAA–2006– gear shaft. We issued AD 2007–10–07 to 23809; or in person at the Docket RIN 2120–AA64 prevent failure of the HMU drive gear Management Facility between 9 a.m. shaft, which could lead to damage to the and 5 p.m., Monday through Friday, Airworthiness Directives; Turbomeca engine, and damage to the airplane. S.A. Turboshaft Engines except Federal holidays. The AD docket contains this proposed AD, the Actions Since Existing AD Was Issued AGENCY: Federal Aviation mandatory continuing airworthiness Administration (FAA), DOT. Since we issued AD 2007–10–07, information, the regulatory evaluation, Amendment 39–15048 (72 FR 26711, ACTION: Notice of proposed rulemaking any comments received, and other May 11, 2007), we received a report of (NPRM). information. The street address for the HMU drive gear shaft spline wear on Docket Office (phone: 800–647–5527) is SUMMARY: We propose to supersede Turbomeca S.A. Arriel 2 engines. Also, in the ADDRESSES section. Comments since we issued AD 2007–10–07, the airworthiness directive (AD) 2007–10– will be available in the AD docket 07, which applies to all Turbomeca S.A. European Aviation Safety Agency shortly after receipt. issued AD 2013–0170, dated July 30, Arriel 2B, 2B1, and 2B1A turboshaft FOR FURTHER INFORMATION CONTACT: engines. AD 2007–10–07 currently 2013. AD 2013–0170 requires inspection Anthony W. Cerra Jr., Aerospace of the coupling assembly splines and requires an inspection of the splines of Engineer, Engine Certification Office, the coupling assembly and the hydro- the HMU drive gear shaft for wear. AD FAA, Engine & Propeller Directorate, 12 2013–0170 also adds the Arriel 2C, 2C1, mechanical metering unit (HMU) drive New England Executive Park, gear shaft for wear. This proposed AD 2C2, 2S1, and 2S2 engines to the list of Burlington, MA 01803; phone: 781– affected engines. would require the same inspection and 238–7128; fax: 781–238–7199; email: expand the affected population. This [email protected]. FAA’s Determination proposed AD would also remove Arriel SUPPLEMENTARY INFORMATION: 2B1A engines from the applicability. We We are proposing this AD because we evaluated all the relevant information are proposing this AD to prevent failure Comments Invited of the HMU drive gear shaft, which and determined the unsafe condition We invite you to send any written described previously is likely to exist or could lead to damage to the engine and relevant data, views, or arguments about damage to the airplane. develop in other products of the same this proposed AD. Send your comments type design. DATES: We must receive comments on to an address listed under the this proposed AD by April 22, 2014. ADDRESSES section. Include ‘‘Docket No. Proposed AD Requirements ADDRESSES: You may send comments, FAA–2006–23809; Directorate Identifier This proposed AD would retain the using the procedures found in 14 CFR 2005–NE–52–AD’’ at the beginning of requirements of AD 2007–10–07, 11.43 and 11.45, by any of the following your comments. We specifically invite Amendment 39–15048 (72 FR 26711, methods: comments on the overall regulatory, May 11, 2007) except it would eliminate • Federal eRulemaking Portal: Go to economic, environmental, and energy the additional inspection when the http://www.regulations.gov. Follow the aspects of this proposed AD. We will HMU is compliant after the 500 hour instructions for submitting comments. consider all comments received by the inspection and the HMU assembly is • Fax: 202–493–2251. closing date and may amend this unchanged. This proposed AD would • Mail: U.S. Department of proposed AD because of those expand the applicability to include Transportation, Docket Operations, M– comments. Turbomeca S.A. Arriel 2C, 2C1, 2C2, 30, West Building Ground Floor, Room We will post all comments we 2S1, and 2S2 engines, while removing W12–140, 1200 New Jersey Avenue SE., receive, without change, to http:// Arriel 2B1A engines. Washington, DC 20590. www.regulations.gov, including any • Hand Delivery: Deliver to Mail personal information you provide. We Costs of Compliance address above between 9 a.m. and 5 will also post a report summarizing each We estimate that this proposed AD p.m., Monday through Friday, except substantive verbal contact we receive would affect 470 engines installed on Federal holidays. about this proposed AD. aircraft of U.S. registry. We also estimate

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that it would take about 2 hours per The Proposed Amendment (2) Arriel 2C, 2C1, 2C2, 2S1, and 2S2 Engines engine to comply with this proposed Accordingly, under the authority (i) If on the effective date of this AD the AD. The average labor rate is $85 per delegated to me by the Administrator, HMU has 500 or more operating hours since hour. No parts are required. Based on new, since last overhaul, or if HMU operating the FAA proposes to amend 14 CFR part hours are unknown, then within 200 HMU these figures, we estimate the cost of 39 as follows: this proposed AD on U.S. operators to operating hours from the effective date of this AD, inspect the HP pump drive gear shaft be $79,900. PART 39—AIRWORTHINESS splines and coupling shaft assembly splines. Authority for This Rulemaking DIRECTIVES Use paragraph 2.B.(1)(b) of Turbomeca S.A. MSB No. 292 73 2822, Version F, dated June Title 49 of the United States Code ■ 1. The authority citation for part 39 21, 2013, to do your inspection. specifies the FAA’s authority to issue continues to read as follows: (ii) If on the effective date of this AD the HMU has more than 300 but less than 500 rules on aviation safety. Subtitle I, Authority: 49 U.S.C. 106(g), 40113, 44701. Section 106, describes the authority of operating hours since new or since last the FAA Administrator. Subtitle VII, § 39.13 [Amended] overhaul, then within 225 HMU operating Aviation Programs, describes in more ■ hours, but no earlier than 500 or later than 2. The FAA amends § 39.13 by 700 HMU operating hours from the effective detail the scope of the Agency’s removing airworthiness directive (AD) date of this AD, inspect the HP pump drive authority. 2007–10–07, Amendment 39–15048 (72 gear shaft splines and coupling shaft We are issuing this rulemaking under FR 26711, May 11, 2007), and adding assembly splines. Use paragraph 2.B.(1)(b) of the authority described in Subtitle VII, the following new AD: Turbomeca S.A. MSB No. 292 73 2822 Part A, Subpart III, Section 44701, Version F, dated June 21, 2013, to do your Turbomeca S.A: Docket No. FAA–2006– inspection. ‘‘General requirements.’’ Under that 23809; Directorate Identifier 2005–NE– section, Congress charges the FAA with (iii) If on the effective date of this AD the 52–AD. HMU has 300 operating hours or less since promoting safe flight of civil aircraft in (a) Comments Due Date new or since last overhaul, then inspect the air commerce by prescribing regulations HP pump drive gear shaft splines and for practices, methods, and procedures The FAA must receive comments on this coupling shaft assembly splines between 500 the Administrator finds necessary for AD action by April 22, 2014. and 525 HMU operating hours since new or safety in air commerce. This regulation (b) Affected ADs since last overhaul. Use paragraph 2.B.(1)(b) of Turbomeca S.A. MSB No. 292 73 2822, is within the scope of that authority This AD supersedes AD 2007–10–07, because it addresses an unsafe condition Version F, dated June 21, 2013, to do your Amendment 39–15048 (72 FR 26711, May 11, inspection. that is likely to exist or develop on 2007). products identified in this rulemaking (f) Credit for Previous Actions (c) Applicability action. If, before the effective date of this AD, you This AD applies to all Turbomeca S.A. Regulatory Findings inspected your HMU after 500 HMU Arriel 2B, 2B1, 2C, 2C1, 2C2, 2S1, and 2S2 operating hours since new or since last We have determined that this turboshaft engines. overhaul using an earlier version of proposed AD would not have federalism (d) Unsafe Condition Turbomeca S.A. MSB No. 292 73 2822, Version F, dated June 21, 2013, for 2C, 2C1, implications under Executive Order This AD was prompted by a report of an 2C2, 2S1 and 2S2 engines, or MSB No. 292 13132. This proposed AD would not additional case of wear of the hydro- have a substantial direct effect on the 73 2812, Version G, dated June 24, 2013, for mechanical metering unit (HMU) drive gear 2B or 2B1 engines, you have met the States, on the relationship between the shaft splines on both Turbomeca S.A. Arriel requirements of this AD. national Government and the States, or 2 engines on a twin-engine helicopter. We are on the distribution of power and issuing this AD to prevent failure of the HMU (g) Installation Prohibition responsibilities among the various drive gear shaft, which could lead to damage After the effective date of this AD, do not levels of government. to the engine and damage to the aircraft. install any HMU onto any engine, nor install For the reasons discussed above, I (e) Compliance any engine onto any helicopter with an HMU affected by this AD, unless the HMU passed certify that the proposed regulation: Comply with this AD within the (1) Is not a ‘‘significant regulatory the inspection required by paragraph (e)(1) of compliance times specified, unless already this AD for Arriel 2B and 2B1 engines or action’’ under Executive Order 12866, done. paragraph (e)(2) of this AD for Arriel 2C, 2C1, (2) Is not a ‘‘significant rule’’ under (1) Arriel 2B and 2B1 Engines 2C2, 2S1, and 2S2 engines. the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, (i) If on the effective date of this AD the (h) Alternative Methods of Compliance 1979), HMU has 500 or more operating hours since (AMOCs) (3) Will not affect intrastate aviation new or since last overhaul, then within 25 The Manager, Engine Certification Office, HMU operating hours from the effective date FAA, may approve AMOCs to this AD. Use in Alaska to the extent that it justifies of this AD, inspect the high-pressure (HP) making a regulatory distinction, and the procedures found in 14 CFR 39.19 to pump drive gear shaft splines and coupling make your request. (4) Will not have a significant shaft assembly splines. Use paragraph economic impact, positive or negative, 2.B.(1)(b) of Turbomeca S.A. Mandatory (i) Related Information on a substantial number of small entities Service Bulletin (MSB) No. 292 73 2812, (1) For more information about this AD, under the criteria of the Regulatory Version G, dated June 24, 2013, to do your contact Anthony W. Cerra, Jr., Aerospace Flexibility Act. inspection. Engineer, Engine Certification Office, FAA, We prepared a regulatory evaluation (ii) If on the effective date of this AD the Engine & Propeller Directorate, 12 New of the estimated costs to comply with HMU has less than 500 operating hours since England Executive Park, Burlington, MA this proposed AD and placed it in the new or since last overhaul, then inspect the 01803; phone: 781–238–7128; fax: 781–238– HP pump drive gear shaft splines and 7199; email: [email protected]. AD docket. coupling shaft assembly splines between 500 (2) Refer to MCAI European Aviation List of Subjects in 14 CFR Part 39 and 525 operating hours since new or since Safety Agency AD 2013–0170, dated July 30, last overhaul. Use paragraph 2.B.(1)(b) of 2013, for related information. You may Air transportation, Aircraft, Aviation Turbomeca S.A. MSB No. 292 73 2812, examine the MCAI in the AD docket on the safety, Incorporation by reference, Version G, dated June 24, 2013, to do your Internet at http://www.regulations.gov/ Safety. inspection. #!docketDetail;D=FAA-2006-23809.

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(3) Turbomeca S.A. MSB No. 292 73 2822, delivery of boxed information, please public docket. Information so marked Version F, dated June 21, 2013, and follow the instructions at http:// will not be disclosed except in Turbomeca S.A. MSB No. 292 73 2812, www.epa.gov/dockets/contacts.htm. accordance with procedures set forth in Version G, dated June 24, 2013, pertain to the Additional instructions on commenting 40 CFR part 2. subject of this AD and can be obtained from 2. Tips for preparing your comments. Turbomeca S.A. using the contact or visiting the docket, along with more information in paragraph (i)(4) of this AD. information about dockets generally, is When submitting comments, remember (4) For service information identified in available at http://www.epa.gov/ to: this AD, contact Turbomeca, S.A., 40220 dockets. i. Identify the document by docket ID Tarnos, France; phone: 33 (0)5 59 74 40 00; number and other identifying FOR FURTHER INFORMATION CONTACT: telex: 570 042; fax: 33 (0)5 59 74 45 1. information (subject heading, Federal Robert McNally, Biopesticides and (5) You may view this service information Register date and page number). at the FAA, Engine & Propeller Directorate, Pollution Prevention Division (BPPD) ii. Follow directions. The Agency may 12 New England Executive Park, Burlington, (7511P), email address: ask you to respond to specific questions MA. For information on the availability of [email protected]; or Lois Rossi, or organize comments by referencing a this material at the FAA, call 781–238–7125. Registration Division (RD) (7505P), Code of Federal Regulations (CFR) part Issued in Burlington, Massachusetts, on email address: [email protected]; or section number. February 11, 2014. main telephone number: (703) 305– iii. Explain why you agree or disagree; Robert J. Ganley, 7090; Office of Pesticide Programs, suggest alternatives and substitute Acting Assistant Directorate Manager, Engine Environmental Protection Agency, 1200 language for your requested changes. & Propeller Directorate, Aircraft Certification Pennsylvania Ave. NW., Washington, iv. Describe any assumptions and Service. DC 20460–0001. As part of the mailing provide any technical information and/ [FR Doc. 2014–03673 Filed 2–20–14; 8:45 am] address, include the contact person’s or data that you used. BILLING CODE 4910–13–P name, division, and mail code. v. If you estimate potential costs or SUPPLEMENTARY INFORMATION: burdens, explain how you arrived at I. General Information your estimate in sufficient detail to ENVIRONMENTAL PROTECTION allow for it to be reproduced. AGENCY A. Does this action apply to me? vi. Provide specific examples to You may be potentially affected by illustrate your concerns and suggest 40 CFR Part 180 this action if you are an agricultural alternatives. vii. Explain your views as clearly as [EPA–HQ–OPP–2013–0023; FRL–9904–98] producer, food manufacturer, or pesticide manufacturer. The following possible, avoiding the use of profanity Receipt of Several Pesticide Petitions list of North American Industrial or personal threats. viii. Make sure to submit your Filed for Residues of Pesticide Classification System (NAICS) codes is comments by the comment period Chemicals in or on Various not intended to be exhaustive, but rather deadline identified. Commodities provides a guide to help readers 3. Environmental justice. EPA seeks to determine whether this document achieve environmental justice, the fair AGENCY: Environmental Protection applies to them. Potentially affected treatment and meaningful involvement Agency (EPA). entities may include: ACTION: Notice of filing of petitions and • Crop production (NAICS code 111). of any group, including minority and/or request for comment. • Animal production (NAICS code low-income populations, in the 112). development, implementation, and SUMMARY: This document announces the • Food manufacturing (NAICS code enforcement of environmental laws, Agency’s receipt of several initial filings 311). regulations, and policies. To help of pesticide petitions requesting the • Pesticide manufacturing (NAICS address potential environmental justice establishment or modification of code 32532). issues, the Agency seeks information on regulations for residues of pesticide If you have any questions regarding any groups or segments of the chemicals in or on various commodities. the applicability of this action to a population who, as a result of their DATES: Comments must be received on particular entity, consult the person location, cultural practices, or other or before March 24, 2014. listed at the end of the pesticide petition factors, may have atypical or ADDRESSES: Submit your comments, summary of interest. disproportionately high and adverse human health impacts or environmental identified by docket identification (ID) B. What should I consider as I prepare effects from exposure to the pesticides number and the pesticide petition my comments for EPA? number (PP) of interest as shown in the discussed in this document, compared body of this document, by one of the 1. Submitting CBI. Do not submit this to the general population. information to EPA through following methods: II. What action is the Agency taking? • Federal eRulemaking Portal: http:// regulations.gov or email. Clearly mark www.regulations.gov. Follow the online the part or all of the information that EPA is announcing its receipt of instructions for submitting comments. you claim to be CBI. For CBI several pesticide petitions filed under Do not submit electronically any information in a disk or CD–ROM that section 408 of the Federal Food, Drug, information you consider to be you mail to EPA, mark the outside of the and Cosmetic Act (FFDCA), (21 U.S.C. Confidential Business Information (CBI) disk or CD–ROM as CBI and then 346a), requesting the establishment or or other information whose disclosure is identify electronically within the disk or modification of regulations in 40 CFR restricted by statute. CD–ROM the specific information that part 180 for residues of pesticide • Mail: OPP Docket, Environmental is claimed as CBI. In addition to one chemicals in or on various food Protection Agency Docket Center (EPA/ complete version of the comment that commodities. The Agency is taking DC), (28221T), 1200 Pennsylvania Ave. includes information claimed as CBI, a public comment on the requests before NW., Washington, DC 20460–0001. copy of the comment that does not responding to the petitioners. EPA is not • Hand Delivery: To make special contain the information claimed as CBI proposing any particular action at this arrangements for hand delivery or must be submitted for inclusion in the time. EPA has determined that the

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pesticide petitions described in this bulb subgroup 3–07A at 0.1 ppm; onion, residues of the fungicide, Trichoderma document contain the data or green subgroup 3–07B at 0.2 ppm; fertile strain JM41R, in or on all food information prescribed in FFDCA sunflower, subgroup 20B at 0.1 ppm; commodities. The petitioner believes no section 408(d)(2); however, EPA has not and vegetable, fruiting, group 8–10 at analytical method is needed because, as fully evaluated the sufficiency of the 0.1 ppm. In plants, the analytical proposed, the use of Trichoderma fertile submitted data at this time or whether method is aqueous organic solvent strain JM41R would not result in the data support granting of the extraction, column clean up, and residues that are of toxicological pesticide petitions. After considering quantitation by gas chromatography concern. (BPPD) the public comments, EPA intends to (GC). The method has a limit of 3. PP IN–10630. (EPA–HQ–OPP– evaluate whether and what action may quantitation (LOQ) of 0.05 ppm for 2013–0756). Clariant Corporation, 4000 be warranted. Additional data may be pendimethalin and the alcohol Monroe Road, Charlotte, NC 28205, needed before EPA can make a final metabolite. (RD) requests to establish an exemption from determination on these pesticide the requirement of a tolerance for the Amended Tolerance petitions. use of secondary alkane (C13-C17) Pursuant to 40 CFR 180.7(f), a PP 3E8212. (EPA–HQ–OPP–2013– sulfonates (C13-C17 SAS) as pesticide summary of each of the petitions that 0768). Interregional Research Project inert ingredients (as surfactants) for use are the subject of this document, Number 4 (IR–4), 500 College Road East, in food crops in accordance with 40 prepared by the petitioner, is included Suite 201 W., Princeton, NJ 08540, CFR 180.920 (pre-harvest) for seed in a docket EPA has created for each requests to remove the existing treatment and foliar applications rulemaking. The docket for each of the tolerances in 40 CFR 180.361 for pursuant to section 408(d)(1) of the petitions is available online at http:// residues of the herbicide pendimethalin, Federal Food, Drug, and Cosmetic Act www.regulations.gov. [N-(1-ethylpropyl)-3,4-dimethyl-2,6- (FFDCA). There are currently no As specified in FFDCA section dinitrobenzenamine], and its metabolite, approved non-food uses or food use 408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is 4-[(1-ethylpropyl)amino]-2-methyl-3,5- tolerance exemptions for C13-C17 SAS as publishing notice of the petition so that dinitrobenzyl alcohol, calculated as the a pesticide inert ingredient. The the public has an opportunity to stoichiometric equivalent of following CAS Registry Numbers (CAS comment on this request for the pendimethalin, in or on fruit, citrus, No.) are supported by way of this establishment or modification of group 10 at 0.1 ppm; fruit, pome, group petition: Sulfonic acids, C13-C17 sec- regulations for residues of pesticides in 11 at 0.1 ppm; fruit, stone, group 12 at alkane (CAS No. 85711–69–9); and or on food commodities. Further 0.1 ppm; garlic at 0.1 ppm; leek at 0.20 sulfonic acids, C14-C17 sec-alkane (CAS information on the petition may be ppm; onion, bulb at 0.1 ppm; onion, No. 97489–15–1). The petitioner obtained through the petition summary green at 0.20 ppm; onion, welsh at 0.20 believes no analytical method is needed referenced in this unit. ppm; shallot at 0.20 ppm; strawberry at because it is not required for the 0.10 ppm; sunflower seed at 0.10 ppm; New Tolerance establishment of a tolerance exemption and vegetable, fruiting, group 8 at 0.10 for inert ingredients. (RD) 1. PP 3E8162. (EPA–HQ–OPP–2013– ppm, upon establishment of the 4. PP IN–16031. (EPA–HQ–OPP– 0714). Technology Sciences Group on proposed tolerances listed in paragraph 2013–0757). Clariant Corporation, 4000 behalf of Isagro S.p.A., 1150 18th Street 2. under ‘‘New Tolerance’’. (RD) Monroe Road, Charlotte, NC 28205, NW., Suite 1000, Washington, DC requests to establish an exemption from New Tolerance Exemption 20036, requests to establish import the requirement of a tolerance for tolerances in 40 CFR part 180 for 1. PP 3E8181. (EPA–HQ–OPP–2013– residues of C.I. Pigment Red 112 (CAS residues of the fungicide benalaxyl-M, 0761). Interregional Research Project No. 6535–46–2), also known as 3- in or on grape at 1.1 parts per million Number 4 (IR–4), 500 College Road East, hydroxy-N-(2-methylphenyl)-4-[2-(2,4,5- (ppm); grape, juice at 1.1 ppm; grape, Suite 201 W., Princeton, NJ 08540, trichlorophenyl)diazenyl]-naphthalene- wine at 1.1 ppm; grape, raisin at 2.2 requests to establish an exemption from 2-carboxamide), as a seed treatment ppm; tomato at 0.25 ppm; and tomato, the requirement of a tolerance for pigment, not to exceed 10% wt/wt, processed at 0.25 ppm. The liquid residues of the herbicide, Tobacco mild under 40 CFR 180.920 pursuant to chromatography (LC) with a mass green mosaic tobamovirus U2 section 408(d)(1) of the Federal Food, spectrometer (MS) detector is used to (TMGMV), in or on all commodities of Drug, and Cosmetic Act (FFDCA). There measure and evaluate residues of crop group 17 (grass forage, fodder, and are currently no approved non-food uses benalaxyl-M for the proposed uses. (RD) hay group) and crop group 18 (nongrass or food use tolerance exemptions for C.I. 2. PP 3E8212. (EPA–HQ–OPP–2013– animal feeds (forage, fodder, straw, and Pigment Red 112 as a pesticide inert 0768). Interregional Research Project hay) group). The petitioner believes no ingredient. The petitioner believes no Number 4 (IR–4), 500 College Road East, analytical method is needed because analytical method is needed because it Suite 201 W., Princeton, NJ 08540, Tobacco mild green mosaic tobamovirus is not required for the establishment of requests to establish tolerances in 40 U2 is already present in the a tolerance exemption for inert CFR part 180 for residues of the environment; therefore, any applied ingredients. (RD) herbicide pendimethalin, [N-(1- pesticide containing TMGMV would be ethylpropyl)-3,4-dimethyl-2,6- indistinguishable from that which is Amended Tolerance Exemption dinitrobenzenamine], and its metabolite, naturally occurring. Additionally, since PP IN–10658. (EPA–HQ–OPP–2013– 4-[(1-ethylpropyl)amino]-2-methyl-3,5- an exemption from the requirement of a 0796). Spring Trading Co., 10805W. dinitrobenzyl alcohol, calculated as the tolerance is being requested, there is no Timberwagon Circle, Spring, TX 77380– stoichiometric equivalent of need to analyze for pesticidal residues. 4030, on behalf of Croda, Inc., 315 pendimethalin, in or on berry, low (BPPD) Cherry Lane, New Castle, DE 19720, growing subgroup 13–07G at 0.1 ppm; 2. PP 2F8102. (EPA–HQ–OPP–2012– requests to amend 40 CFR part 180.960 fruit, citrus, group 10–10 at 0.1 ppm; 0963). BASF Corporation, 26 Davis Dr., to establish an exemption from the fruit, pome, group 11–10 at 0.1 ppm; Research Triangle Park, NC 27709, requirement of tolerances for fruit, stone, group 12–12 at 0.1 ppm; requests to establish an exemption from polyoxyalkylated trimethylopropanes hops, dried cones at 0.1 ppm; onion, the requirement of a tolerance for with 20 to 80 moles of ethylene and/or

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propylene oxide, fatty acid esters with SUMMARY: This document extends the filing by stamping in and retaining an C8 through C22 aliphatic alkanoic and/or comment period for the Emergency extra copy of the comments being filed.) alkenoic fatty acids, branched or linear, Preparedness Requirements for b. For delivery in Baltimore, MD— the resulting polyoxyalkylene Medicare and Medicaid Participating Centers for Medicare & Medicaid trimethylopropane esters having a Providers and Suppliers proposed rule, Services, Department of Health and minimum molecular weight of 1,500 in which was published in the December Human Services, 7500 Security or on growing crops, pre- or post-harvest 27, 2013 Federal Register (78 FR 79082 Boulevard, Baltimore, MD 21244–1850. or in products to treat animals. The through 79200). The comment period If you intend to deliver your requested CAS Nos. are: 25765–36–0; for the proposed rule, which would comments to the Baltimore address, 29860–47–7; 37339–03–0; 52624–57–4; have ended on February 25, 2014, is please call telephone number (410) 786– 58090–24–7; 63964–38–5; 72939–62–9; extended to March 31, 2014. 7195 in advance to schedule your 74521–14–5; 75300–70–8; 75300–90–2; DATES: The comment period for the arrival with one of our staff members. 84271–03–4; 84271–04–5; 86850–92–2; proposed rule published in the Comments mailed to the addresses 107120–02–5; 133331–01–8; 137587– December 27, 2013 Federal Register (78 indicated as appropriate for hand or 60–1; 149797–40–0; 149797–41–1; FR 79082 through 79200) is extended to courier delivery may be delayed and 150695–97–9; 152130–24–0; 163349– March 31, 2014. received after the comment period. 94–8; 163349–95–9; 163349–96–0; ADDRESSES: In commenting, please refer FOR FURTHER INFORMATION CONTACT: 163349–97–1; 163349–98–2; 165467– to file code CMS–3178–P. Because of Janice Graham, (410) 786–8020, Mary 70–9; 183619–46–7; 183619–50–3; staff and resource limitations, we cannot Collins, (410) 786–3189, Diane Corning, 185260–01–9; 202606–04–0; 210420– accept comments by facsimile (FAX) (410) 786–8486, Ronisha Davis, (410) 84–1; 233660–70–3; 263011–96–7; 786–6882, Lisa Parker, (410) 786–4665. 283602–94–8; 701980–40–7; 872038– transmission. SUPPLEMENTARY INFORMATION: In the 58–9; 875709–44–7; 875709–45–8; You may submit comments in one of December 27, 2013 Federal Register (78 875709–46–9; 875709–47–0; 879898– four ways (please choose only one of the FR 79082 through 79200), we published 63–2; 910038–01–6; 1190748–04–9; ways listed): the Emergency Preparedness 1225384–02–0; 1428944–41–5; and 1. You may submit electronic 1446498–15–2. An analytical method is comments on this regulation to http:// Requirements for Medicare and not required for enforcement purposes www.regulations.gov. Follow the Medicaid Participating Providers and since the Agency is establishing an ‘‘Submit a comment’’ instructions. Suppliers proposed rule that proposes exemption from the requirement of a 2. By regular mail. You may mail to revise and, for some providers/ tolerance without any numerical written comments to the following suppliers, establish, emergency limitation. (RD) address ONLY: preparedness requirements. These Centers for Medicare & Medicaid emergency preparedness requirements List of Subjects in 40 CFR Part 180 Services, Department of Health and would apply to 17 provider and Environmental protection, Human Services, Attention: CMS–3178– supplier types with various capabilities Agricultural commodities, Feed P, P.O. Box 8013, Baltimore, MD 21244– and capacities to comply with the additives, Food additives, Pesticides 8013. proposed requirements. The proposed and pests, Reporting and recordkeeping Please allow sufficient time for mailed rule, if finalized, would require requirements. comments to be received before the providers and suppliers to meet these close of the comment period. four broad standards: Dated: February 10, 2014. 3. By express or overnight mail. You • To develop an emergency plan Lois Rossi, may send written comments to the based on a risk assessment that utilizes Director, Registration Division, Office of following address ONLY: an all-hazards approach. Pesticide Programs. Centers for Medicare & Medicaid • To develop and implement policies [FR Doc. 2014–03728 Filed 2–20–14; 8:45 am] Services, Department of Health and and procedures based on the plan and BILLING CODE 6560–50–P Human Services, Attention: CMS–3178– their risk assessment. P, Mail Stop C4–26–05, 7500 Security • To develop and maintain a Boulevard, Baltimore, MD 21244–1850. communication plan to locate patients DEPARTMENT OF HEALTH AND 4. By hand or courier. If you prefer, and/or residents and address their HUMAN SERVICES you may deliver (by hand or courier) health care needs during and after a your written comments before the close disaster. The plan must comply with Centers for Medicare & Medicaid of the comment period to either of the both Federal and State laws and it must Services following addresses: be well-coordinated within the facility a. For delivery in Washington, DC— and across health care providers. 42 CFR Parts 403, 416, 418, 441, 460, Centers for Medicare & Medicaid • To provide personnel training and 482, 483, 484, 485, 486, 491, and 494 Services, Department of Health and to test their emergency program [CMS–3178–N] Human Services, Room 445–G, Hubert annually. H. Humphrey Building, 200 In the proposed rule, we proposed to Medicare and Medicaid Programs; Independence Avenue SW., establish national emergency Emergency Preparedness Washington, DC 20201. preparedness requirements for Medicare Requirements for Medicare and (Because access to the interior of the and Medicaid participating providers Medicaid Participating Providers and Hubert H. Humphrey Building is not and suppliers to ensure that they plan Suppliers; Extension of Comment readily available to persons without for both natural and man-made disasters Period Federal government identification, and coordinate with federal, state, tribal, AGENCY: Centers for Medicare & commenters are encouraged to leave regional, and local emergency Medicaid Services (CMS), HHS. their comments in the CMS drop slots preparedness systems. These located in the main lobby of the requirements would ensure that these ACTION: Proposed rule; extension of the building. A stamp-in clock is available providers and suppliers are adequately comment period. for persons wishing to retain a proof of prepared to meet the needs of patients,

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residents, clients, and participants interested in commenting on the (Catalog of Federal Domestic Assistance during disasters and emergency proposal. Because of the scope of the Program No. 93.778, Medical Assistance situations. proposed rule, and since we have Program; No. 93.773, Medicare— We have received inquiries from specifically requested the public’s Hospital Insurance; and Program No. industry organizations regarding the comments on various aspects of the rule 93.774, Medicare—Supplementary short turn-around time to canvass their in an attempt to benefit from the vast Medical Insurance Program) membership for input on this proposed experiences of emergency management rule. One organization stated that they and provider/supplier communities, we Dated: February 12, 2014. needed additional time to respond to believe that it is important to allow Marilyn Tavenner, the rule due to current regional ample time for all sections of the public Administrator, Centers for Medicare & emergencies that are requiring the to comment on this proposed rule. Medicaid Services. attention of emergency management Therefore, we are extending the [FR Doc. 2014–03710 Filed 2–20–14; 8:45 am] personnel who would likely be comment period until March 31, 2014. BILLING CODE 4120–01–P

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Notices Federal Register Vol. 79, No. 35

Friday, February 21, 2014

This section of the FEDERAL REGISTER holidays. To be sure someone is there to (2) Evaluate the accuracy of our contains documents other than rules or help you, please call (202) 799–7039 estimate of the burden of the collection proposed rules that are applicable to the before coming. of information, including the validity of public. Notices of hearings and investigations, FOR FURTHER INFORMATION CONTACT: the methodology and assumptions used; committee meetings, agency decisions and For information on the importation of Hass (3) Enhance the quality, utility, and rulings, delegations of authority, filing of clarity of the information to be petitions and applications and agency avocados from Michoacan, Mexico, statements of organization and functions are contact Mr. David Lamb, Regulatory collected; and examples of documents appearing in this Policy Specialist, RCC, RPM, PHP, PPQ, (4) Minimize the burden of the section. APHIS, 4700 River Road Unit 133, collection of information on those who Riverdale, MD 20737; (301) 851–2103. are to respond, through use, as For copies of more detailed information appropriate, of automated, electronic, DEPARTMENT OF AGRICULTURE on the information collection, contact mechanical, and other collection Mrs. Celeste Sickles, APHIS’ technologies; e.g., permitting electronic Animal and Plant Health Inspection Information Collection Coordinator, at submission of responses. Service (301) 851–2908. Estimate of burden: The public reporting burden for this collection of [Docket No. APHIS–2013–0111] SUPPLEMENTARY INFORMATION: information is estimated to average Title: Importation of Hass Avocados Notice of Request for Extension of 0.0015 hours per response. From Michoacan, Mexico. Respondents: Importers, shippers, and Approval of an Information Collection; OMB Control Number: 0579–0129. the national plant protection Importation of Hass Avocados From Type of Request: Extension of organization of Mexico. Michoacan, Mexico approval of an information collection. Estimated annual number of Abstract: The Plant Protection Act AGENCY: Animal and Plant Health respondents: 2,205. Inspection Service, USDA. (PPA, 7 U.S.C. 7701 et seq.) authorizes Estimated annual number of the Secretary of Agriculture to restrict ACTION: Extension of approval of an responses per respondent: 31,782. the importation, entry, or interstate Estimated annual number of information collection; comment movement of plants, plant products, and request. responses: 70,080,307. other articles to prevent the Estimated total annual burden on SUMMARY: In accordance with the introduction of plant pests, including respondents: 105,558 hours. (Due to Paperwork Reduction Act of 1995, this avocado stem weevils, avocado seed averaging, the total annual burden hours notice announces the Animal and Plant weevils, and seed moths, into the may not equal the product of the annual Health Inspection Service’s intention to United States or their dissemination number of responses multiplied by the request an extension of approval of an within the United States. Regulations reporting burden per response.) information collection associated with authorized by the PPA concerning the All responses to this notice will be regulations for the importation of Hass importation of fruits and vegetables into summarized and included in the request avocados from Michoacan, Mexico. the United States from certain parts of for OMB approval. All comments will the world are contained in ‘‘Subpart— DATES: We will consider all comments also become a matter of public record. Fruits and Vegetables’’ (7 CFR 319.56– that we receive on or before April 22, 1 through 319.56–64). Done in Washington, DC, this 18th day of February 2014. 2014. Section 319.56–30 provides the ADDRESSES: You may submit comments requirements for the importation of Hass Kevin Shea, by either of the following methods: avocados from Michoacan, Mexico, Administrator, Animal and Plant Health • Federal eRulemaking Portal: Go to under certain conditions. These Inspection Service. http://www.regulations.gov/ requirements include, among other [FR Doc. 2014–03691 Filed 2–20–14; 8:45 am] #!documentDetail;D=APHIS-2013-0111- things, trust fund agreements, work BILLING CODE 3410–34–P 0001. plans, phytosanitary certificates, • Postal Mail/Commercial Delivery: stickers, truck and container seals, and Send your comment to Docket No. box marking. DEPARTMENT OF AGRICULTURE APHIS–2013–0111, Regulatory Analysis We are asking the Office of Animal and Plant Health Inspection and Development, PPD, APHIS, Station Management and Budget (OMB) to Service 3A–03.8, 4700 River Road Unit 118, approve our use of these information Riverdale, MD 20737–1238. collection activities for an additional 3 [Docket No. APHIS–2013–0112] Supporting documents and any years. comments we receive on this docket The purpose of this notice is to solicit Notice of Request for Revision to and may be viewed at http:// comments from the public (as well as Extension of Approval of an www.regulations.gov/ affected agencies) concerning our Information Collection; Plants for #!docketDetail;D=APHIS-2013-0111 or information collection. These comments Planting Regulations in our reading room, which is located in will help us: AGENCY: Animal and Plant Health room 1141 of the USDA South Building, (1) Evaluate whether the collection of Inspection Service, USDA. 14th Street and Independence Avenue information is necessary for the proper ACTION: Revision to and extension of SW., Washington, DC. Normal reading performance of the functions of the approval of an information collection; room hours are 8 a.m. to 4:30 p.m., Agency, including whether the comment request. Monday through Friday, except information will have practical utility;

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SUMMARY: In accordance with the APHIS regulations contained in (3) Enhance the quality, utility, and Paperwork Reduction Act of 1995, this ‘‘Subpart–Plants for Planting’’ (7 CFR clarity of the information to be notice announces the Animal and Plant 319.37 through 319.37–14) prohibit or collected; and Health Inspection Service’s intention to restrict, among other things, the (4) Minimize the burden of the request a revision to and extension of importation of living plants, plant parts, collection of information on those who approval of an information collection and seeds for propagation. In are to respond, through use, as associated with the plants for planting accordance with these regulations, appropriate, of automated, electronic, regulations. plants for planting from certain parts of mechanical, and other collection DATES: We will consider all comments the world may be imported into the technologies; e.g., permitting electronic that we receive on or before April 22, United States only under certain submission of responses. 2014. conditions to prevent the introduction Estimate of burden: The public ADDRESSES: You may submit comments of plant pests into the United States. reporting burden for this collection of by either of the following methods: Individuals who are involved in information is estimated to average • Federal eRulemaking Portal: Go to growing, exporting, and importing 0.1204 hours per response. http://www.regulations.gov/ plants for planting must provide Respondents: Importers and exporters #!documentDetail;D=APHIS-2013-0112- information to APHIS about the of plants for planting. 0001. commodities they wish to bring into the Estimated annual number of • Postal Mail/Commercial Delivery: United States. This information serves respondents: 94. Send your comment to Docket No. as the supporting documentation Estimated annual number of APHIS–2013–0112, Regulatory Analysis needed to issue required forms and responses per respondent: 57. and Development, PPD, APHIS, Station documents, and is vital to help ensure Estimated annual number of 3A–03.8, 4700 River Road Unit 118, that plant pests are not introduced into responses: 5,364. Riverdale, MD 20737–1238. the United States. Estimated total annual burden on Supporting documents and any This notice includes the information respondents: 646 hours. (Due to comments we receive on this docket collection requirements currently averaging, the total annual burden hours may be viewed at http:// approved by the Office of Management may not equal the product of the annual www.regulations.gov/ and Budget (OMB) for the importation number of responses multiplied by the #!docketDetail;D=APHIS-2013-0112 or of plants for planting under OMB reporting burden per response.) in our reading room, which is located in control number 0579–0279, and update All responses to this notice will be room 1141 of the USDA South Building, of nursery stock regulations under OMB summarized and included in the request 14th Street and Independence Avenue control number 0579–0190. After OMB for OMB approval. All comments will SW., Washington, DC. Normal reading approves and combines the burden for also become a matter of public record. room hours are 8 a.m. to 4:30 p.m., both collections under one collection Done in Washington, DC, this 18th day of Monday through Friday, except (0579–0190), the USDA will retire OMB February 2014. holidays. To be sure someone is there to control number 0579–0279. Kevin Shea, help you, please call (202) 799–7039 In addition, on May 27, 2011, APHIS Administrator, Animal and Plant Health before coming. published a final rule in the Federal Inspection Service. FOR FURTHER INFORMATION CONTACT: For Register (76 FR 31172–31210, Docket [FR Doc. 2014–03690 Filed 2–20–14; 8:45 am] 1 information on the plants for planting No. APHIS–2006–0011) that changed BILLING CODE 3410–34–P regulations, contact Dr. Arnold Tschanz, the nursery stock regulations (7 CFR Senior Regulatory Policy Specialist, 319.37 through 319.37–14) to refer PPIP, PHP, PPQ, APHIS, 4700 River instead to ‘‘plants for planting.’’ In DEPARTMENT OF AGRICULTURE Road Unit 133, Riverdale, MD 20737– addition, since the final rule has been 1231; (301) 851–2179. For copies of published, ‘‘update’’ is no longer Food Safety and Inspection Service more detailed information on the needed. As a result, we have revised the [Docket No. FSIS–2013–0037] information collection, contact Mrs. title of this information collection to Celeste Sickles, APHIS’ Information ‘‘Plants for Planting Regulations.’’ RIN 0583–AD32 Collection Coordinator, at (301) 851– We are asking OMB to approve our Discontinuation of the Qualitative (30 2283. use of these information collection mL) Campylobacter Analysis for activities, as described, for an additional SUPPLEMENTARY INFORMATION: Young Chickens Title: Plants for Planting Regulations. 3 years. OMB Control Number: 0579–0190. The purpose of this notice is to solicit AGENCY: Food Safety and Inspection Type of Request: Revision to and comments from the public (as well as Service, USDA. extension of approval of an information affected agencies) concerning our ACTION: Notice. collection. information collection. These comments Abstract: As authorized by the Plant will help us: SUMMARY: The Food Safety and Protection Act (PPA, 7 U.S.C. 7701 et (1) Evaluate whether the collection of Inspection Service (FSIS) is seq.), the Secretary of Agriculture, either information is necessary for the proper discontinuing the use of its 30-mL independently or in cooperation with performance of the functions of the qualitative analysis for Campylobacter States, may carry out operations or Agency, including whether the for young chickens. The Agency measures to detect, eradicate, suppress, information will have practical utility; suspended this analysis on June 3, 2013. control, prevent, or retard the spread of (2) Evaluate the accuracy of our FSIS evaluated the available plant pests that are new to or not widely estimate of the burden of the collection Campylobacter data, and its analysis distributed within the United States. of information, including the validity of suggested that the performance standard This authority has been delegated to the the methodology and assumptions used; based on an analysis of the 1-mL sample Animal and Plant Health Inspection volume is sufficiently sensitive to Service (APHIS) of the U.S. Department 1 http://www.regulations.gov/ identify establishments whose process of Agriculture (USDA). #!docketDetail;D=APHIS-2006-0011. control is substandard. This is the only

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change that FSIS has made to its Agency would analyze the 30-mL FSIS is issuing this notice to Campylobacter sampling program. portion. The performance standard announce that it has decided to DATES: Comments on this notice must be would have allowed a maximum of 27 discontinue the use of the 30-mL received by March 24, 2014. positive carcasses on the 30-mL sample qualitative analysis for Campylobacter. ADDRESSES: FSIS invites interested portion, and only 8 Campylobacter- This is the only change in this sampling persons to submit comments on this positive samples on the 1-mL portion. program. On March 21, 2011, the Agency notice. Comments may be submitted by USDA Nondiscrimination Statement the following methods: issued another Federal Register notice to respond to public comments • Federal eRulemaking Portal: This The U.S. Department of Agriculture Web site provides the ability to type submitted in response to the May 2010 notice and to explain the changes that (USDA) prohibits discrimination in all short comments directly into the its programs and activities on the basis comment field on this Web page or the Agency adopted after analyzing the comments (New Performance Standards of race, color, national origin, gender, attach a file for lengthier comments. Go religion, age, disability, political beliefs, to http://www.regulations.gov. Follow for Salmonella and Campylobacter in Young Chicken and Turkey Slaughter sexual orientation, and marital or family the on-line instructions at that site for status. (Not all prohibited bases apply to submitting comments. Establishments; Response to Comments • and Announcement of Implementation all programs.) Persons with disabilities Mail, including CD–ROMs etc.: who require alternative means for Send to Docket Room Manager, U.S. Schedule, 76 FR 15282). In that notice, FSIS explained that it had decided to communication of program information Department of Agriculture, Food Safety (Braille, large print, audiotape, etc.) and Inspection Service, Patriots Plaza 3, use only the results of the 1-mL should contact USDA’s Target Center at 1400 Independence Avenue SW., quantitative portion to assess whether (202) 720–2600 (voice and TTY). Mailstop 3782, Room 8–163B, establishments were meeting the new Campylobacter performance standard. Washington, DC 20250–3700. To file a written complaint of • Hand-or courier-delivered The Agency said that it would continue discrimination, write USDA, Office of submittals: Deliver to Docket Room to perform internal analysis of the 30- the Assistant Secretary for Civil Rights, Manager, Patriots Plaza 3, 355 E Street mL sample results and to publicly 1400 Independence Avenue SW., SW., Room 8–163B, Washington, DC report aggregated data. FSIS also stated Washington, DC 20250–9410 or call 20250–3700. that, after 90 percent of eligible (202) 720–5964 (voice and TTY). USDA establishments had been sampled for is an equal opportunity provider and FOR FURTHER INFORMATION CONTACT: two full sets, the Agency would decide employer. Rachel Edelstein, Assistant whether additional actions relating to Administrator, Office of Policy and Campylobacter would be necessary. Additional Public Notification Program Development, FSIS, U.S. Department of Agriculture, 1400 Suspension and Discontinuation of the FSIS will announce this notice online Independence Avenue SW., 30-mL Analysis through the FSIS Web page located at Washington, DC 20250–3700; In the May 31, 2013, edition of the http://www.fsis.usda.gov/wps/portal/ Telephone: (202) 720–2709. FSIS Constituent Update, FSIS fsis/topics/regulations/federal-register. SUPPLEMENTARY INFORMATION: announced that with nearly 90 percent FSIS will also make copies of this of eligible establishments having Background Federal Register publication available completed two Campylobacter sets, the through the FSIS Constituent Update, On May 14, 2010, FSIS published a Agency had evaluated the available which is used to provide information Federal Register notice announcing its Campylobacter data. Its analysis showed regarding FSIS policies, procedures, intent to implement new Salmonella that a performance standard based on an regulations, Federal Register notices, and Campylobacter performance analysis of the 1-mL sample volume is standards for young chickens and young sufficiently sensitive to identify FSIS public meetings, and other types of turkeys (New Performance Standards establishments whose process control is information that could affect or would for Salmonella and Campylobacter in substandard (http://www.fsis.usda.gov/ be of interest to constituents and Young Chicken and Turkey Slaughter wps/wcm/connect/9a3a7078-0ff4-4ebc- stakeholders. The Update is Establishments; New Compliance 8de6-ad889382fd7f/Const_Update communicated via Listserv, a free Guides, 75 FR 27288). In the notice, the _053113.pdf?MOD=AJPERES). electronic mail subscription service for Agency stated that it intended to The Agency determined that the industry, trade groups, consumer implement new Salmonella minor sensitivity gained by including interest groups, health professionals, performance standards, but that it was the 30-mL portion does not warrant the and other individuals who have asked leaving unchanged the current sampling resources required to conduct the to be included. The Update is also procedures for Salmonella. sampling, and that there is greater value available on the FSIS Web page. In For the young chicken Campylobacter in moving laboratory resources reserved addition, FSIS offers an electronic mail performance standard, the Agency for this effort to other sampling projects. subscription service which provides stated that it planned to use a The Agency included a link to a report automatic and customized access to combination of a smaller, 1-mL that describes the methods used to selected food safety news and quantitative, and a larger, 30-mL conduct this analysis and a review of information. This service is available at qualitative, sample portion. The 30-mL the 30-mL data. The report is available http://www.fsis.usda.gov/wps/portal/ portion analysis detects lower levels of on the FSIS Web page at: http:// fsis/programs-and-services/email- Campylobacter, and the 1-mL portion is www.fsis.usda.gov/shared/PDF/ subscription-service. Options range from only able to detect higher levels. The Campylobacter_Methods recalls to export information to Agency said that it would test each of _Comparison_Report.pdf regulations, directives and notices. the 51 samples in a Salmonella ?redirecthttp=true. FSIS did not receive Customers can add or delete verification set for Campylobacter using any comments on this report or on its subscriptions themselves, and have the the initial 1-mL sample portion, and if decision to suspend the use of the 30- option to password protect their the 1-mL procedure was negative, the mL qualitative analysis. accounts.

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Done in Washington, DC: February 12, techniques or other forms of information All responses to this notice will be 2014. technology. Comments may be sent to: summarized and included in the request Alfred V. Almanza, Michele L. Brooks, Director, Program for OMB approval. All comments will Administrator. Development and Regulatory Analysis, also become a matter of public record. [FR Doc. 2014–03716 Filed 2–20–14; 8:45 am] USDA Rural Utilities Service, 1400 Dated: February 12, 2014. BILLING CODE 3410–DM–P Independence Ave. SW., STOP 1522, John Charles Padalino, Room 5159 South Building, Administrator, Rural Utilities Service. Washington, DC 20250–1522. DEPARTMENT OF AGRICULTURE Telephone: (202) 690–1078, FAX: (202) [FR Doc. 2014–03675 Filed 2–20–14; 8:45 am] 720–8435. BILLING CODE 3410–15–P Rural Utilities Service Title: 7 CFR Part 1783, ‘‘Revolving Fund Program’’ Information Collection Activity; DEPARTMENT OF AGRICULTURE OMB Control Number: 0572–0138 Comment Request Type of Request: Extension of a Rural Utilities Service AGENCY: Rural Utilities Service, USDA. currently approved information ACTION: Notice and request for collection. Information Collection Activity; comments. Abstract: Rural Development supports Comment Request the sound development of rural SUMMARY: In accordance with the communities and the growth of our AGENCY: Rural Utilities Service, USDA. Paperwork Reduction Act of 1995 (44 economy without endangering the ACTION: Notice and request for U.S.C. Chapter 35, as amended), the environment. Rural Development comments. Rural Utilities Service (RUS), invites provides financial and technical SUMMARY: In accordance with the comments on this information assistance to help communities bring Paperwork Reduction Act of 1995 (44 collection for which the Agency intends safe drinking water and sanitary, U.S.C. Chapter 35, as amended), the to request approval from the Office of environmentally sound waste disposal Rural Utilities Service (RUS) invites Management and Budget (OMB). facilities to rural Americans in greatest comments on the following information DATES: Comments on this notice must be need. received by April 22, 2014. collection for which approval from the The Revolving Fund Program (RFP) Office of Management and Budget FOR FURTHER INFORMATION CONTACT: has been established to assist (OMB) will be requested. Michele L. Brooks, Director, Program communities with water or wastewater Development and Regulatory Analysis, systems. Qualified private non-profit DATES: Comments on this notice must be USDA Rural Utilities Service, 1400 organizations will receive RFP grant received by April 22, 2014. Independence Ave. SW., STOP 1522, funds to establish a lending program for FOR FURTHER INFORMATION CONTACT: Room 5159–S, Washington, DC 20250– eligible entities. Eligible entities for the Michele L. Brooks, Director, Program 1522. Telephone: (202) 690–1078, FAX: revolving loan fund will be the same Development and Regulatory Analysis, (202) 720–8435. Email: Michele.Brooks@ entities eligible to obtain a loan, loan Rural Utilities Service, 1400 wdc.usda.gov. guarantee, or grant from Rural Independence Ave. SW., STOP 1522, SUPPLEMENTARY INFORMATION: The Office Development Water and Waste Disposal Room 5162 South Building, of Management and Budget’s (OMB) and Wastewater loan and grant Washington, DC 20250–1522. regulation (5 CFR part 1320) programs. As grant recipients, the non- Telephone: (202) 690–1078, FAX: (202) implementing provisions of the profit organizations will set up a 720–8435 or email: Michele.brooks@ Paperwork Reduction Act of 1995 (Pub. revolving loan fund to provide loans to wdc.usda.gov. L. 104–13) requires that interested finance predevelopment costs of water SUPPLEMENTARY INFORMATION: The Office members of the public and affected or wastewater projects, or short-term of Management and Budget’s (OMB) agencies have an opportunity to small capital projects not part of the regulation (5 CFR 1320) implementing comment on information collection and regular operation and maintenance of provisions of the Paperwork Reduction recordkeeping activities (see 5 CFR current water and wastewater systems. Act of 1995 (Pub. L. 104–13) requires 1320.8(d)). This notice identifies an The collection of information consists that interested members of the public information collection that the Agency of the materials to file a grant and affected agencies have an is submitting to OMB for extension. application with the agency, including opportunity to comment on information Comments are invited on: (a) Whether forms, certifications and required collection and recordkeeping activities the proposed collection of information documentation. (see 5 CFR 1320.8(d)). This notice is necessary for the proper performance Estimate of Burden: Public reporting identifies an information collection that of the functions of the Agency, burden for this collection of information the Agency is submitting to OMB for including whether the information will is estimated to average 8.24 hour per extension. have practical utility; (b) the accuracy of response. Comments are invited on: (a) Whether the Agency’s estimate of the burden of Respondents: Non-profit institutions. the proposed collection of information the proposed collection of information Estimated Number of Respondents: 5. is necessary for the proper performance including the validity of the Estimated Number of Responses per of the functions of the Agency, methodology and assumptions used; (c) Respondent: 7.6 including whether the information will ways to enhance the quality, utility and Estimated Total Annual Burden on have practical utility; (b) the accuracy of clarity of the information to be Respondents: 313 Hours. the Agency’s estimate of the burden of collected; and (d) ways to minimize the Copies of this information collection the proposed collection of information burden of the collection of information can be obtained from MaryPat Daskal, including the validity of the on those who are to respond, including Management Analyst, Program methodology and assumptions used; (c) through the use of appropriate Development and Regulatory Analysis, ways to enhance the quality, utility and automated, electronic, mechanical, or at (202) 720–7853; FAX: (202) 720– clarity of the information to be other technological collection 8435. collected; and (d) ways to minimize the

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burden of the collection of information business contributions and less densely ACTION: Notice of Membership of SES on those who are to respond, including populated rural areas have a lower Performance Review Board. through the use of appropriate membership and fewer business per automated, electronic, mechanical, or capita than urban and suburban areas. SUMMARY: Title 5 United States Code, other technological collection Therefore, rurality is a primary Section 4314, requires that notice of the techniques or other forms of information predictor of the need for grant funding appointment of an individual to serve as technology. Comments may be sent to: for a public television station’s digital a member of a performance review Michele L. Brooks, Director, Program transition. Some rural areas have board (PRB) shall be published in the Development and Regulatory Analysis, economic needs that are higher than the Federal Register. The following Rural Utilities Service, U.S. Department national average, and public television individuals have been appointed to of Agriculture, 1400 Independence Ave. stations covering these areas may have serve as members of the PRB for the SW., STOP 1522, Room 5162 South difficulty funding the digital transition. Broadcasting Board of Governors: Carol Building, Washington, DC 20250–1522. As a result, the consideration of the Chan, Director of the Office of U.S. FAX: (202) 720–8435 or email: National School Lunch Program (NSLP) Foreign Disaster Assistance, U.S. [email protected]. eligibility percentages for all school Agency for International Development; Title: Public Television Station Digital districts within the station coverage area Gil H. Harden, Assistant Inspector Transition Grant Program. is a secondary predictor of need for General for Audit, U.S. Department of OMB Control Number: 0572–0134. grant funding. Finally, because public Agriculture; and Steven Rickrode, Type of Request: Revision of a television stations may face special Deputy Assistant Inspector General for currently approved information difficulty accomplishing the transition, Audit, U.S. Department of Agriculture. collection. a third scoring factor for station ADDRESSES: Broadcasting Board of Abstract: The Federal hardship accounts for conditions that Governors, 330 Independence Ave. SW., Communications Commission (FCC) make these public television stations Washington, DC 20237. required television broadcasters to have less likely to accomplish the digital FOR FURTHER INFORMATION CONTACT: converted transmitters to broadcast transition without a grant. Donna S. Grace, Director, Office of digital signals by June 12, 2009. The The collection of information consists Human Resources, 202–382–7500. FCC deadline did not apply to of the materials to file a grant translators often used by rural stations Oanh Tran, serving small or isolated areas and some application with the Agency, including forms, certifications and required Director of Board Operations, Broadcasting continue to broadcast in analog and Board of Governors. have not completed the transition to documentation. Estimate of Burden: Public reporting [FR Doc. 2014–03707 Filed 2–20–14; 8:45 am] digital. Public television stations rely on BILLING CODE 8610–01–P community and business financial burden for this collection of information support to operate and, in many rural is estimated to average 23 hours per response. areas the cost of the transition to digital DEPARTMENT OF COMMERCE broadcasting exceeds community Respondents: Not-for-profit institutions; State, Local or Tribal resources. Since rural communities Foreign-Trade Zones Board depend on public television stations for Government. services ranging from educational Estimated Number of Respondents: [Order No. 1930] 30. course content in their schools to local Reorganization of Foreign-Trade Zone news, weather, and agricultural reports, Estimated Number of Responses per Respondent: 1.26. 185 Under Alternative Site Framework; disruption of public television Culpeper County, VA broadcasting would be detrimental. Estimated Total Annual Burden on Full digital transition requires Respondents: 714 hours. Pursuant to its authority under the Foreign- installation of a new antenna, Copies of this information collection Trade Zones Act of June 18, 1934, as transmitter or translator, and new digital can be obtained from Rebecca Hunt, amended (19 U.S.C. 81a–81u), the Foreign- program management facilities Program Development and Regulatory Trade Zones Board (the Board) adopts the consisting of processing and storage Analysis, at (202) 205–3660, FAX: (202) following Order: systems. Public television stations use a 720–8435 or email: Whereas, the Board adopted the combination of transmitters and [email protected]. alternative site framework (ASF) (15 translators to serve the rural public and All responses to this notice will be CFR 400.2(c)) as an option for the to perform program origination summarized and included in the request establishment or reorganization of functions, digital cameras, editing and for OMB approval. All comments will zones; mastering systems are required. A new also become a matter of public record. Whereas, the County of Culpeper, studio-to-tower site communications Dated: February 12, 2014. grantee of Foreign-Trade Zone 185, link may be required to transport the John Charles Padalino, submitted an application to the Board digital broadcast signal to each Administrator, Rural Utilities Service. (FTZ Docket B–78–2012, docketed 11– transmitter and translator. The [FR Doc. 2014–03674 Filed 2–20–14; 8:45 am] 01–2012) for authority to reorganize capability to broadcast some under the ASF with a service area BILLING CODE P programming in a high definition comprised of certain counties in television format can require additional Virginia (which the application studio facilities. indicated were adjacent to the Front BROADCASTING BOARD OF In designing the competition for the Royal Customs and Border Protection GOVERNORS distribution of grant funds, priority is port of entry) and FTZ 185’s existing given to public television stations Notice of Membership of SES Sites 1, 2, and 3 would be categorized serving areas most unable to fund digital Performance Review Board as magnet sites; transition without a grant. The largest Whereas, notice inviting public sources of funding for public television AGENCY: Broadcasting Board of comment was given in the Federal stations are public membership and Governors (BBG). Register (77 FR 66796, 11/07/12) and

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the application has been processed Act of 1930, as amended (the Act).1 As currently classified under the following pursuant to the FTZ Act and the Board’s a result of this sunset review, the Harmonized Tariff Schedule of the regulations; and, Department finds that revocation of the United States (HTSUS) subheadings: Whereas, the Board adopts the antidumping duty order on lightweight 3703.10.60, 4811.59.20, 4811.90.8000, findings and recommendation of the thermal paper from the PRC would 4811.90.8030, 4811.90.8040, examiner’s report (including likely lead to continuation or recurrence 4811.90.8050, 4811.90.9000, addendum), and finds that the of dumping at the levels indicated in the 4811.90.9030, 4811.90.9035, requirements of the FTZ Act and the ‘‘Final Results of Review’’ section of this 4811.90.9050, 4811.90.9080, Board’s regulations are satisfied if the notice. 4811.90.9090, 4820.10.20, and service area is comprised of Culpeper, DATES: Effective Date: February 21, 4823.40.00. While the HTSUS Greene, Madison, Orange, Page, 2014. subheadings are provided for Rappahannock, Shenandoah and FOR FURTHER INFORMATION CONTACT: convenience and customs purposes, the Warren Counties; David Goldberger, AD/CVD Operations, written description of the scope of the Now, Therefore, the Board hereby Office II, Enforcement and Compliance, order is dispositive. orders: International Trade Administration, The application to reorganize FTZ 185 For a full description of the scope, see U.S. Department of Commerce, 14th under the ASF is approved with a ‘‘Issues and Decision Memorandum for Street and Constitution Avenue NW., service area comprised of Culpeper, the Expedited Sunset Review of the Washington, DC 20230; telephone: 202– Greene, Madison, Orange, Page, Antidumping Duty Order on 482–4136. Rappahannock, Shenandoah and Lightweight Thermal Paper from the Warren Counties, subject to the FTZ Act SUPPLEMENTARY INFORMATION: People’s Republic of China,’’ dated and the Board’s regulations, including Background concurrently with this notice (Issues Section 400.13, to the Board’s standard On October 28, 2013, the Department and Decision Memorandum). 2,000-acre activation limit for the zone, received a notice of intent to participate Analysis of Comments Received and to a five-year ASF sunset provision from Appvion, Inc. (Appvion),2 a for magnet sites that would terminate domestic interested party, within the All issues raised in this review are authority for Sites 1 and 3 if not 15-day deadline specified in 19 CFR addressed in the Issues and Decision activated by January 31, 2019. 351.218(d)(1)(i). On November 18, 2013, Memorandum. The issues discussed in Signed at Washington, DC, this 7th day of we received a complete substantive the Issues and Decision Memorandum February 2014. response from Appvion within the 30- include the likelihood of continuation Paul Piquado, day deadline applicable under 19 CFR or recurrence of dumping and the Assistant Secretary of Commerce for 351.218(d)(3)(i).3 We received no magnitude of the margins likely to Enforcement and Compliance, Alternate response from any respondent prevail if the AD Order were to be Chairman, Foreign-Trade Zones Board. interested party. As a result, pursuant to revoked. Parties may find a complete ATTEST: section 751(c)(3)(B) of the Act and 19 discussion of these issues and the Andrew McGilvray, CFR 351.218(e)(1)(ii)(C)(2), the corresponding recommendations in this Executive Secretary. Department conducted an expedited public memorandum which is on file [FR Doc. 2014–03709 Filed 2–20–14; 8:45 am] (120-day) sunset review of the AD electronically via Enforcement and Order. BILLING CODE 3510–DS–P Compliance’s Antidumping and Scope of the Order Countervailing Duty Centralized Electronic Services System (IA The merchandise covered by the order DEPARTMENT OF COMMERCE ACCESS). Access to IA ACCESS is is lightweight thermal paper. The available to registered users at http:// merchandise subject to the order is International Trade Administration iaaccess.trade.gov and is available to all [A–570–920] 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 parties in the Central Records Unit, FR 60253 (October 1, 2013); see also Antidumping room 7046 of the main Department of Lightweight Thermal Paper From the Duty Orders: Lightweight Thermal Paper From Commerce building. In addition, a People’s Republic of China: Final Germany and the People’s Republic of China, 73 FR complete version of the Issues and Results of Expedited First Sunset 70959 (November 24, 2008) (AD Order). 2 Appvion was formerly known as Appleton Decision Memorandum can be accessed Review of the Antidumping Duty Order Papers Inc. Under that name, Appvion was the directly at http://enforcement.trade.gov/ AGENCY: Enforcement and Compliance, petitioner in the underlying less-than-fair-value frn. The signed and electronic versions investigation of lightweight thermal paper from the formerly Import Administration, of the Issues and Decision PRC. Memorandum are identical in content. International Trade Administration, 3 As explained in the memorandum from the Department of Commerce. Assistant Secretary for Enforcement and Final Results of Review SUMMARY: Compliance, the Department exercised its On October 1, 2013, the discretion to toll deadlines for the duration of the Department of Commerce (the closure of the Federal Government from October 1, We determine that revocation of the Department) initiated the first five-year through October 16, 2013. See Memorandum for the AD Order would be likely to lead to (sunset) review of the antidumping duty Record from Paul Piquado, Assistant Secretary for continuation or recurrence of dumping Enforcement and Compliance, ‘‘Deadlines Affected and that the magnitudes of the margins order on lightweight thermal paper from by the Shutdown of the Federal Government’’ the People’s Republic of China (PRC) (October 18, 2013). Therefore, all deadlines in this of dumping that are likely to prevail are pursuant to section 751(c) of the Tariff sunset review have been extended by 16 days. as follows:

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Percent Exporter/producer combination margin

Exporter: Shanghai Hanhong Paper Co., Ltd, also known as Hanhong International Limited/Producer: Shanghai Hanhong Paper Co., Ltd ...... 115.29 Exporter: Guangdong Guanhao High-Tech Co., Ltd/Producer: Guangdong Guanhao High-Tech Co., Ltd...... 19.77 PRC-Wide Entity ...... 115.29

Administrative Protective Order Washington, DC 20230 (or via the Estimated Total Annual Burden This notice also serves as the only Internet at [email protected]). Hours: 10 hours. reminder to parties subject to the FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Cost to administrative protective order (APO) of Requests for additional information or Public: $0 in recordkeeping/reporting their responsibility concerning the copies of the information collection costs. return or destruction of proprietary instrument and instructions should be IV. Request for Comments information disclosed under APO in directed to Peggy Mundy, (206) 526– Comments are invited on: (a) Whether accordance with 19 CFR 351.305. 4323 or [email protected]. the proposed collection of information Timely notification of the return or SUPPLEMENTARY INFORMATION: is necessary for the proper performance destruction of APO materials or I. Abstract of the functions of the agency, including conversion to judicial protective order is whether the information shall have hereby requested. Failure to comply This request is for an extension of a practical utility; (b) the accuracy of the with the regulations and terms of an currently approved information agency’s estimate of the burden APO is a violation which is subject to collection. (including hours and cost) of the sanction. Based on the management regime proposed collection of information; This sunset review and notice are in specified each year, designated (c) ways to enhance the quality, accordance with sections 751(c), 752(c), regulatory areas in the commercial utility, and clarity of the information to and 771(i)(1) of the Act and 19 CFR ocean salmon fishery off the coasts of be collected; and (d) ways to minimize 351.221(c)(5)(ii). Washington, Oregon, and California may be managed by numerical quotas. the burden of the collection of Dated: February 14, 2014. To accurately assess catches relative to information on respondents, including Paul Piquado, quota attainment during the fishing through the use of automated collection Assistant Secretary, for Enforcement and season, catch data by regulatory area techniques or other forms of information Compliance. must be collected in a timely manner. technology. [FR Doc. 2014–03708 Filed 2–20–14; 8:45 am] Requirements to land salmon within Comments submitted in response to BILLING CODE 3510–DS–P specific time frames and in specific this notice will be summarized and/or areas may be implemented in the included in the request for OMB preseason regulations to aid in timely approval of this information collection; DEPARTMENT OF COMMERCE and accurate catch accounting for a they also will become a matter of public regulatory area. State landing systems record. National Oceanic and Atmospheric normally gather the data at the time of Administration Dated: February 14, 2014. landing. If unsafe weather conditions or Gwellnar Banks, Proposed Information Collection; mechanical problems prevent Management Analyst, Office of the Chief Comment Request; Reporting compliance with landing requirements, Information Officer. Requirements for the Ocean Salmon fishermen need an alternative to allow [FR Doc. 2014–03666 Filed 2–20–14; 8:45 am] for a safe response. Fishermen would be Fishery Off the Coasts of Washington, BILLING CODE 3510–22–P Oregon, and California exempt from landing requirements if the appropriate notifications are made to AGENCY: National Oceanic and provide the name of the vessel, the port DEPARTMENT OF COMMERCE Atmospheric Administration, where delivery will be made, the Commerce. approximate amount of salmon (by National Oceanic and Atmospheric ACTION: Notice. species) on board, and the estimated Administration time of arrival. SUMMARY: The Department of [Docket No. 131018873–4107–01] II. Method of Collection Commerce, as part of its continuing RIN 0648–XC924 effort to reduce paperwork and Notifications are made by at-sea radio respondent burden, invites the general or cellular phone transmissions. Endangered and Threatened Wildlife; public and other Federal agencies to III. Data 90-Day Finding on a Petition To List take this opportunity to comment on Multiple Species and Subpopulations proposed and/or continuing information OMB Control Number: 0648–0433. of Marine Mammals as Threatened or collections, as required by the Form Number: None. Endangered Under the Endangered Type of Review: Regular submission Paperwork Reduction Act of 1995. Species Act (extension of a currently approved DATES: Written comments must be collection). AGENCY: National Marine Fisheries submitted on or before April 22, 2014. Affected Public: Business or other for- Service (NMFS), National Oceanic and ADDRESSES: Direct all written comments profit organizations. Atmospheric Administration (NOAA), to Jennifer Jessup, Departmental Estimated Number of Respondents: Department of Commerce. Paperwork Clearance Officer, 40. ACTION: Notice of 90-day petition Department of Commerce, Room 6616, Estimated Time Per Response: 15 finding; request for information. 14th and Constitution Avenue NW., minutes.

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SUMMARY: We (NMFS) announce a 90- comments anonymously will prevent us at the 12-month stage is based on a day finding on a petition to list two from contacting you if we have significantly more thorough review of species and three distinct population difficulty retrieving your submission. the available information, a ‘‘may be segments of marine mammals as Attachments to electronic comments warranted’’ finding at the 90-day stage threatened or endangered under the will be accepted in Microsoft Word, does not prejudge the outcome of the Endangered Species Act (ESA). We find Excel, or Adobe PDF file formats only. status review. that the petition does not present Copies of the petition and related Under the ESA, a listing substantial scientific or commercial materials are available upon request determination may address a ‘‘species,’’ information indicating that the from the Director, Office of Protected which is defined to also include petitioned action may be warranted for Resources, 1315 East West Highway, subspecies and, for any vertebrate the Gala´pagos fur seal (Arctocephalus Silver Spring, MD 20910, or online at: species, any distinct population galapagoensis). We also find that the www.nmfs.noaa.gov/pr/species/ segment (DPS) that interbreeds when petition presents substantial petition81.htm. mature (16 U.S.C. 1532(16)). A species, information indicating that the FOR FURTHER INFORMATION CONTACT: Lisa subspecies, or DPS is ‘‘endangered’’ if it petitioned action may be warranted for Manning, Office of Protected Resources, is in danger of extinction throughout all Hector’s dolphin (Cephalorhynchus 301–427–8466. or a significant portion of its range, and hectori), the Baltic Sea subpopulation of SUPPLEMENTARY INFORMATION: ‘‘threatened’’ if it is likely to become harbor porpoise (Phocoena phocoena), endangered within the foreseeable the eastern Taiwan Strait subpopulation Background future throughout all or a significant of the Indo-Pacific humpback dolphin On July 15, 2013, we received a portion of its range (ESA sections 3(6) (Sousa chinensis), and the Fiordland petition from the WildEarth Guardians and 3(20), respectively; 16 U.S.C. subpopulation of bottlenose dolphin to list 81 marine species as threatened 1532(6) and (20)). Pursuant to the ESA (Tursiops truncatus). We will conduct or endangered under the ESA and to and our implementing regulations, the status reviews for this species and three designate critical habitat under the ESA. determination of whether a species is subpopulations to determine if the Copies of this petition are available from threatened or endangered shall be based petitioned actions are warranted. To us (see ADDRESSES). Of the 81 species on any one or a combination of the ensure that these status reviews are petitioned for listing, this notice following five section 4(a)(1) factors: comprehensive, we are soliciting addresses the marine mammals: The present or threatened destruction, scientific and commercial information specifically, the Gala´pagos fur seal modification, or curtailment of habitat pertaining to these marine mammals (Arctocephalus galapagoensis), Hector’s or range; overutilization for commercial, from any interested party. dolphin (Cephalorhynchus hectori); the recreational, scientific, or educational DATES: Information and comments on Baltic Sea subpopulation of harbor purposes; disease or predation; the subject action must be received by porpoise (Phocoena phocoena), the inadequacy of existing regulatory April 22, 2014. eastern Taiwan Strait subpopulation of mechanisms; and any other natural or ADDRESSES: You may submit comments, the Indo-Pacific humpback dolphin manmade factors affecting the species’ information, or data on this document, (Sousa chinensis), and the Fiordland existence (16 U.S.C. 1533(a)(1), 50 CFR identified by the code NOAA–NMFS– subpopulation of bottlenose dolphin 424.11(c)). 2013–0151, by any of the following (Tursiops truncatus). Separate 90-day ESA-implementing regulations issued methods: findings are being drafted or have jointly by NMFS and the U.S. Fish and • Electronic Submissions: Submit all already issued for the other species Wildlife Service (50 CFR 424.14(b)) electronic comments via the Federal addressed by the petition. define ‘‘substantial information’’ in the eRulemaking Portal. Go to Section 4(b)(3)(A) of the ESA of 1973, context of reviewing a petition to list, www.regulations.gov/ as amended (U.S.C. 1531 et seq.), delist, or reclassify a species as the #!docketDetail;D=NOAA-NMFS-2013- requires, to the maximum extent amount of information that would lead 0151, click the ‘‘Comment Now!’’ icon, practicable, that within 90 days of a reasonable person to believe that the complete the required fields, and enter receipt of a petition to list a species as measure proposed in the petition may or attach your comments. threatened or endangered, the Secretary be warranted. When evaluating whether • Mail: Submit written comments to of Commerce make a finding on whether substantial information is contained in Office of Protected Resources, NMFS, that petition presents substantial a petition, we must consider whether 1315 East-West Highway, Silver Spring, scientific or commercial information the petition: (1) Clearly indicates the MD 20910. indicating that the petitioned action administrative measure recommended Instructions: Comments sent by any may be warranted, and to promptly and gives the scientific and any other method, to any other address or publish the finding in the Federal common name of the species involved; individual, or received after the end of Register (16 U.S.C. 1533(b)(3)(A)). When (2) contains detailed narrative the comment period, may not be we find that substantial scientific or justification for the recommended considered by NMFS. All comments commercial information in a petition measure, describing, based on available received are a part of the public record indicates that the petitioned action may information, past and present numbers and will generally be posted for public be warranted (a ‘‘positive 90-day and distribution of the species involved viewing on www.regulations.gov finding’’), we are required to promptly and any threats faced by the species; (3) without change. All personal identifying commence a review of the status of the provides information regarding the information (e.g., name, address, etc.), species concerned, which includes status of the species over all or a confidential business information, or conducting a comprehensive review of significant portion of its range; and (4) otherwise sensitive information the best available scientific and is accompanied by the appropriate submitted voluntarily by the sender will commercial information. Within 12 supporting documentation in the form be publicly accessible. We will accept months of receiving the petition, we of bibliographic references, reprints of anonymous comments (enter ‘‘N/A’’ in must conclude the review with a finding pertinent publications, copies of reports the required fields if you wish to remain as to whether, in fact, the petitioned or letters from authorities, and maps (50 anonymous), although submitting action is warranted. Because the finding CFR 424.14(b)(2)).

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At the 90-day stage, we evaluate the demographic risks and the causative evaluation criteria, and treatment of petitioner’s request based upon the impacts and threats identified in section uncertainty are also not necessarily the information in the petition, including 4(a)(1). same. references provided, and the Information presented on impacts or DPS Policy information readily available in our threats should be specific to the species files. We do not conduct additional and should reasonably suggest that one A joint NOAA–U.S. Fish and Wildlife research, and we do not solicit or more of these factors may be Service (USFWS) policy clarifies the information from parties outside the operative threats that act or have acted agencies’ interpretation of the phrase agency to help us in evaluating the on the species to the point that it may ‘‘distinct population segment’’ for the petition. We will accept the petitioner’s warrant protection under the ESA. purposes of listing, delisting, and sources and characterizations of the Broad statements about generalized reclassifying a species under the ESA information presented if they appear to threats to the species, or identification (‘‘DPS Policy’’; 61 FR 4722; February 7, be based on accepted scientific of factors that could negatively impact 1996). The joint DPS Policy (61 FR principles, unless we have specific a species, do not constitute substantial 4722; February 7, 1996) identifies two information in our files which indicates information that listing may be criteria for making DPS determinations: that the petition’s information is warranted. We look for information (1) The population must be discrete in incorrect, unreliable, obsolete, or indicating that not only is the particular relation to the remainder of the taxon otherwise irrelevant to the requested species exposed to a factor, but that the (species or subspecies) to which it action. Information that is susceptible to species may be responding in a negative belongs; and (2) the population must be more than one interpretation or that is fashion; then we assess the potential significant to the remainder of the taxon contradicted by other available significance of that negative response. to which it belongs. A population segment of a vertebrate information will not be dismissed at the Many petitions identify risk species may be considered discrete if it 90-day finding stage, so long as it is classifications made by non- satisfies either one of the following reliable and a reasonable person would governmental organizations, such as the conditions: (1) ‘‘It is markedly separated conclude that it supports the International Union for Conservation of from other populations of the same petitioner’s assertions. Conclusive Nature (IUCN), the American Fisheries taxon as a consequence of physical, information indicating that the species Society, or NatureServe, as evidence of physiological, ecological, or behavioral may meet the ESA’s requirements for extinction risk for a species. Risk factors. Quantitative measures of genetic listing is not required to make a positive classifications by other organizations or or morphological discontinuity may 90-day finding. We will not conclude made under other Federal or state provide evidence of this separation’’; or that a lack of specific information alone statutes may be informative, but such classification alone may not provide the (2) ‘‘it is delimited by international negates a positive 90-day finding, if a rationale for a positive 90-day finding governmental boundaries within which reasonable person would conclude that under the ESA. For example, as differences in control of exploitation, the unknown information itself suggests explained by NatureServe, their management of habitat, conservation an extinction risk of concern for the assessments of a species’ conservation status, or regulatory mechanisms exist species at issue. status do ‘‘not constitute a that are significant in light of section To make a 90-day finding on a recommendation by NatureServe for 4(a)(1)(D)’’ of the ESA (61 FR 4722; petition to list a species, we evaluate listing under the U.S. Endangered February 7, 1996). whether the petition presents Species Act’’ because NatureServe If a population segment is found to be substantial scientific or commercial assessments ‘‘have different criteria, discrete under one or both of the above information indicating that the subject evidence requirements, purposes and conditions, then its biological and species may be either threatened or taxonomic coverage than government ecological significance to the taxon to endangered, as defined by the ESA. lists of endangered and threatened which it belongs is evaluated. This First, we evaluate whether the species, and therefore these two types of consideration may include, but is not information presented in the petition, lists should not be expected to limited to: (1) ‘‘Persistence of the along with the information readily coincide’’ (http://www.natureserve.org/ discrete population segment in an available in our files, indicates that the prodServices/statusAssessment.jsp). ecological setting unusual or unique for petitioned entity constitutes a ‘‘species’’ Thus, when a petition cites such the taxon; (2) evidence that the loss of eligible for listing under the ESA. Next, classifications, we will evaluate the the discrete population segment would we evaluate whether the information source of information that the result in a significant gap in the range indicates that the species at issue faces classification is based upon in light of of a taxon; (3) evidence that the discrete extinction risk that is cause for concern; the standards of the ESA and our population segment represents the only this may be indicated in information policies as described above. surviving natural occurrence of a taxon expressly discussing the species’ status With respect to the two species and that may be more abundant elsewhere as and trends, or in information describing three subpopulations of marine an introduced population outside its impacts and threats to the species. We mammals discussed in this finding, the historic range; and (4) evidence that the evaluate any information on specific petitioner relies almost exclusively on discrete population segment differs demographic factors pertinent to the risk classifications of the IUCN as markedly from other populations of the evaluating extinction risk for the species the source of information on the status species in its genetic characteristics’’ (61 at issue (e.g., population abundance and of each petitioned species. All of the FR 4722; February 7, 1996). trends, productivity, spatial structure, petitioned marine mammals are listed as age structure, sex ratio, diversity, ‘‘endangered’’ or ‘‘critically Species Descriptions current and historical range, habitat endangered’’ on the IUCN Red List and The marine mammals addressed by integrity or fragmentation), and the the petitioner notes this as an explicit the petition include three dolphins potential contribution of identified consideration in offering petitions on (Cephalorhynchus hectori, Sousa demographic risks to extinction risk for these species. Species classifications chinensis, Tursiops truncatus), a the species. We then evaluate the under the IUCN and the ESA are not porpoise (Phocoena phocoena), and a potential links between these equivalent, and the data standards, seal (Arctocephalus galapagoensis).

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The Gala´pagos fur seal, Arctocephalus Indonesia and westward along the prey items, including invertebrates and galapagoensis, is found on most islands coastal rim of the Indian Ocean and fishes, and may forage individually and of the Gala´pagos Archipelago, Ecuador down along the east coast of Africa cooperatively. The petition requests in the southeast Pacific Ocean. This (Jefferson et al., 1993). This species listing of the Fiordland subpopulation species is the smallest and least sexually primarily occurs in nearshore habitats, of bottlenose dolphins. dimorphic member of the ‘‘eared seal’’ and is often associated with estuaries, Analysis of the Petition family, Otariidae. The few adult males river mouths and mangroves. Although that have been weighed have ranged still formally recognized as a single The petition indicates the from 60–68 kg; adult females are smaller species, some biologists consider there recommended administrative measure and weigh an average of 27.3 kg to be two species: S. plumbea, found and gives the scientific and common (Aurioles and Trillmich, 2013). from South Africa to the east coast of names of the species involved. The Gala´pagos fur seals may mature at about India, and S. chinensis, found from the petition is not clear, however, regarding 5–6 years of age, and lactation lasts for east coast of India to China and which population or populations of 2–3 years (Bonner, 1984). The seals form Australia (Reeves et al., 2008a). Hector’s dolphin are petitioned for colonies close to foraging areas and feed Evidence seems to be growing in listing; we discuss this further below in primarily at night on squids and fishes. support of the existences of two or even the section addressing this particular Their preferred haul-out areas are rocky, more species (Reeves et al., 2008a). species. The petition contains a rugged coasts with large boulders that Color and color patterns are variable narrative justification for the provide shade. among the populations; and, in some recommended measures and provides Hector’s dolphin (Cephalorhynchus populations the dorsal fin sits on a information on the species’ geographic hectori) is a coastal species endemic to hump on the back, while in other distributions, habitats, and threats. New Zealand, and as a result of its very populations this hump is absent Information is provided regarding the nearshore distribution, it is one of the (Jefferson et al., 1993). All Indo-Pacific species’ past or present numbers, or best-studied dolphins in the world. humpback dolphins have a distinctively population status and trends for all or They are the smallest members of the long, well defined beak. Maximum sizes a significant portion of the species’ family Delphinidae. Adults reach recorded for males 3.2 m long and 2.5 ranges. Supporting documentation is lengths of 1.5 m and weights up to 57 m long for females. They form social provided, mainly in the form of IUCN kg (Jefferson et al., 1993). Hector’s groups of about 10 animals, but groups species assessments. Based on the information presented in dolphins live in groups of 2–8 of up to 30 animals have been ∼ the petition, along with the information individuals but larger aggregations ( 50 documented (Jefferson et al., 1993). readily available in our files, we find animals) can also be seen at times Reproductive parameters are not well that the Gala´pagos fur seal (Jefferson et al., 1993). Females bear known. Based on limited information, (Arctocephalus galapagoensis) and their first calf at around 7–9 years of age age at sexual maturity is thought to be Hector’s dolphin (Cephalorhynchus and may bear calves every 2–3 years around 9–12 years, and gestation length hectori) constitute valid ‘‘species’’ (Dawson, 1991). Their diet consists of may be about 10–12 months (Jefferson, eligible for listing under the ESA as small fishes and squids. Relatively 2004). Diet consists of mainly nearshore each is considered a valid taxonomic recently, based on genetic and and estuarine fishes. The petition species. In evaluating the request to list morphological data, the population of requests listing of the eastern Taiwan certain DPSs, we must first consider Hector’s dolphins occurring on the coast Strait subpopulation of the Indo-Pacific of New Zealand’s North Island were whether the petition provides humpback dolphin. formally recognized as a new substantial information indicating that subspecies, C. hectori maui or Maui’s The bottlenose dolphin, Tursiops the petitioned subpopulations may dolphin (Baker et al., 2002). The truncatus, is one of the most well- qualify as DPSs and thus constitute dolphins of the South Island can be known species of marine mammals. valid ‘‘species’’ eligible for listing. Our referred to as the nominate subspecies, They have a robust body and a short, analyses and conclusions regarding the C. hectori hectori. thick beak. Their coloration ranges from possible qualification of the petitioned The harbor porpoise, Phocoena light gray to black with lighter subpopulations as DPSs are provided phocoena, is a widely distributed coloration on the belly. Inshore and below within the relevant species cetacean found in northern temperate offshore individuals vary in color and section. and subarctic coastal and offshore size. Inshore animals are smaller and The petition includes a general waters. They are commonly found in lighter in color, while offshore animals introductory section discussing threats bays, estuaries, harbors, and fiords in are larger, darker in coloration, and have to all 81 species addressed in the waters less than 200 m deep. They are smaller flippers. Bottlenose dolphins petition, a section on the threats to the medium to dark gray with a white belly range in length from 1.8 to 3.8 m, with marine mammals petitioned for listing, and throat and have a small, stocky males slightly larger than females. and species-specific sections with body (∼45–70 kg; 2.0 m maximum Lifespan is 40–45 years for males and information on each individual marine length); a short, blunt beak; and a more than 50 years for females. Sexual mammal species. We have reviewed and medium-sized triangular dorsal fin. maturity varies by population and considered the information in each Sexual maturity is generally reached at ranges from 5–13 years for females and section of the petition, and a synopsis about 3–4 years. They feed on demersal 9–14 years for males. Calves are born of our analysis of the information and benthic species, mainly schooling after a 12 month gestation period and provided in the petition and readily fish and cephalopods. They are non- are weaned at 18 to 20 months. On available in our files is provided below social and are usually seen in groups of average, calving occurs every 3 to 6 for each of the petitioned marine 2–5 animals. The petition requests years. Females as old as 45 years have mammal species and subpopulations. listing of the Baltic Sea subpopulation given birth. Bottlenose dolphins are ´ of harbor porpoise. commonly found in groups of 2 to 15 Galapagos Fur Seal The Indo-Pacific humpback dolphin, individuals, but offshore herds can This species (Arctocephalus Sousa chinensis, is found from northern sometimes have several hundred galapagoensis) is currently listed as Australia and southern China, through individuals. They feed on a variety of ‘‘endangered’’ on the IUCN Red List and

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is listed on CITES Appendix II. The available in our files regarding fishing with statements in the petition that petition asserts that this species is being activity, the frequency of seal localized protections may not be threatened with extinction by all five of entanglements, or the outcome of seal adequate to protect a species from global the ESA section 4(a)(1) factors—habitat entanglements (e.g., mortality, injury). events. However, the petition does not destruction or modification, Therefore, it is unclear whether and to present information regarding existing overutilization, disease and predation, what extent entanglement is affecting regulatory mechanisms or what inadequacy of regulatory mechanisms, the extinction risk of the species. protections are needed to address these and other natural factors. The petition states that Gala´pagos fur particular threats as they relate The petition states that Gala´pagos fur seals are threatened by both disease and specifically to Gala´pagos fur seals. For seals, and in fact all of the marine predation. The petition presents example, the petition does not relate mammals addressed in the petition, are information about feral dogs on Isabela current levels of greenhouse gas threatened by habitat destruction and Island and how the dogs decimated emissions to the status of the species, or modification as a result of various colonies of seals on the southwestern indicate what reductions would factors, including human population end of the island (Aurioles and adequately safeguard the seals from growth and associated consequences Trillmich, 2008). The petition also states anthropogenic climate change given an such as pollution, dead zones (i.e., areas that transmission of diseases from dogs existing context of the various emission of very low dissolved oxygen), to the fur seals is the ‘‘most serious reduction targets and pledges that have development, tourism, and ocean threat to the species at this time.’’ The been made by a number of countries. acidification. The petition highlights the feral dogs have since been exterminated Such specific information is also not threat of ocean acidification in from this island (Aurioles and provided regarding regulatory particular, and discusses how the Trillmich, 2008), but because the mechanisms to mitigate the effects of El acidity of sea water alters the absorption potential exists for feral dogs to return Nin˜ o, a natural feature of our climate of low and mid-frequency sound. The the island, the petition asserts that system and the seals’ habitat. Thus, it is petition argues that while predation by dogs and disease unclear the level and extent to which communication over long distances for transmission from dogs to seals existing regulatory mechanisms are some marine mammals may be represent ‘‘ongoing’’ threats to the inadequate to protect Gala´pagos fur improved, the increasing ocean acidity species’ existence. No information is seals from potential consequences of also means a ‘‘noisier’’ environment and provided or is available in our files to anthropogenic climate change and El potential loss of suitable habitat. The indicate the likelihood of feral dogs Nin˜ o. information in the petition regarding returning, and no information is ´ these various habitat threats, however, available in the petition or our files to The petition states that Galapagos fur ˜ is general in nature and is not clearly indicate whether or how these threats seals are threatened by El Nino events, linked to the petitioned species’ range are currently being managed within the which result in declines in primary or habitats. For example, no information Gala´pagos National Park. We also lack productivity and reduced food is provided or available to us to indicate information about how specific impacts availability for higher trophic levels. what, if any, effect dead zones, occurring on Isabela Island would The effects of El Nin˜ o on Gala´pagos fur pollution, or ocean acidification may be impact the fur seals elsewhere in the seals and other pinnipeds in the eastern having, or may have in the future, on archipelago and at the species level. As tropical and temperate Pacific Ocean are Gala´pagos fur seal habitat. Furthermore, a result, we cannot conclude that well documented (Limberger, 1990; the Gala´pagos fur seals’ range lies disease and predation by dogs on Aurioles-Gamboa et al., 2004). The within the boundaries of the Gala´pagos Isabela Island represent ongoing threats 1982/83 El Nin˜ o was an extreme event National Park, where tourism is closely to the species existence. that had widespread oceanographic regulated (Aurioles and Trillmich, 2008) The petition states that current effects and resulted in very high and where, presumably, their habitat protections for the Gala´pagos fur seals mortality rates for Gala´pagos fur seals receives some measure of protection are inadequate to protect them against and other species (Aurioles and from development and pollution. the most serious threats to their Trillmich, 2008). El Nin˜ o events occur During the 19th century, Gala´pagos existence. Specifically, the petition irregularly about every 3–6 years, and fur seals were heavily exploited by asserts that although the seals are listed strong events, as measured by the degree sealers and whalers. By the early 20th on CITES Appendix II and are protected of warming, occur at 8 to 15 year century, the species was near extinction under Ecuadorian law and by intervals. El Nin˜ o events of the but ‘‘has since recovered’’ (Aurioles and management of the Gala´pagos National magnitude similar to the 1982/83 event, Trillmich, 2008). Although the seals are Park, these protections are not adequate however, only occur one or a few times now protected, the petition asserts that to address the threats of bycatch, per century (see www.elnino.noaa.gov). the seals continue to be threatened disease, predation, tourism, El Nin˜ o and Presumably, the seals are somewhat indirectly by fishing as evidenced by anthropogenic climate change. The resilient to this periodic disturbance, reports of the seals becoming entangled petition does not discuss the existing which forms a part of the evolutionary in fishing nets. According to the most regulatory context further or indicate framework that shaped the species recent IUCN assessment, entanglement what additional regulations might be (Limberger, 1990), but the degree of of seals is ‘‘thought to be increasing’’ necessary to adequately protect the fur recovery of Gala´pagos fur seals since the (Aurioles and Trillmich, 2008). seals from these threats. Also, as 1982/83 event is not known (Aurioles References or data to support this discussed above, we do not have and Trillmich, 2008). Whether or not El statement are not provided, and there is sufficient information to indicate Nin˜ o constitutes an extinction risk for no indication of why the entanglements whether bycatch, disease, predation and the species depends on the rate of are thought to be increasing (e.g., tourism are posing an extinction risk for recovery of the seals and the frequency increased fishing activity). The waters the species. Therefore, it is unclear of intense El Nin˜ o events. Sufficient around the islands are also protected by whether existing regulatory mechanisms information to evaluate this is not a 40 nautical mile no fishing zone and protections are inadequate to available in the petition or in in our (Aurioles and Trillmich, 2008). No address these threats. With respect to files. Thus, it is not clear that such additional information is provided or climate change and El Nin˜ o, we agree events represent an extinction risk to

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the species such that listing under the demonstrate that ocean acidification, categorized as the more serious, ESA may be warranted. pollution, entanglement, disease, ‘‘nationally critical.’’ The petition presents the additional predation and climate change are Aside from the vaquita (Phocoena argument that El Nin˜ o events ‘‘appear to operative threats that are acting or will sinus), Hector’s dolphin is considered to be increasing in frequency and act on the species such that it may have the most limited range of any duration’’ and therefore this threat ‘‘will warrant protection under the ESA. marine cetacean (Reeves et al., 2013a). only continue to grow.’’ Whether the Many of the major threats presented in Alongshore ranges of individual frequency and intensity of El Nin˜ os are the petition also appear to have been dolphins may typically be less than 60 increasing or are being influenced by eliminated (e.g., direct harvest, feral km (Brager et al, 2002). The petition anthropogenic climate change are dogs) or addressed through current states that, due to this limited coastal unanswered questions and currently the management action (e.g., no fishing distribution, Hector’s dolphins are subject of much research. Furthermore, zone, regulation of tourism). threatened by human activities such as there is no information provided to Information regarding specific effects of ‘‘pollution, vessel traffic and habitat indicate that such environmental climate change on the seals and the modification.’’ The petition refers to a changes are occurring at a certain rate seals response to this threat is lacking, single sentence in the IUCN assessment that is expected out-pace the species’ and the argument that Gala´pagos fur of C. hectori to support of these ability to adapt. Sightings of Gala´pagos seals will not be able to recover from assertions (Reeves et al., 2013a). No fur seals and other pinnipeds outside temporary impacts of El Nin˜ o events is further discussion or information is their geographic ranges have been not well supported. In conclusion, we provided in the petition to clarify these documented along the Central and do not find that the petition presents statements or indicate how these factors South American coast, and several substantial information that listing are threatening the Hector’s dolphins of authors have hypothesized these extra- under the ESA may be warranted for the either island. One study in our files, range sightings are caused in part by El Gala´pagos fur seals. however, suggests that boat strikes are Nin˜ o events (Felix et al., 2001; Capella, posing more of a threat to this species 2002; Aurioles-Gamboa et al, 2004). Hector’s Dolphin than previously thought (Stone and While much research is still needed to Hector’s dolphin (Cephalorhynchus Yoshinaga 2000), but the available data conclusively link El Nin˜ o events to hectori) has a discontinuous are too limited to make conclusive these extra-range sightings, such distribution along the coasts of both the statements regarding the severity or dispersal may play an important role in North and South Islands of New extent of this particular threat. The petition asserts that that the main the long-term persistence of populations Zealand and is comprised of multiple, threat to Hector’s dolphins is incidental as the carrying capacity of their genetically distinct populations (Reeves entanglement in fishing nets and gear. preferred habitats changes in response et al., 2013a). A separate IUCN Multiple, independent modeling efforts to climatic events (Capella et al., 2002). assessment has been completed for the The petition includes brief mention of have indicated that bycatch is subspecies C. hectori maui or Maui’s several other threats to Gala´pagos fur contributing to the decline of Hector’s dolphin, which occurs off the North seals, including small population size, dolphin populations (Martien et al., Island. The petition states that, because oil spills, a small range, and a declining 1999; Burkhart and Slooten, 2003), and population trend. We considered each Maui’s dolphin has been recognized and populations are predicted to continue of these factors and concluded that assessed separately, ‘‘. . . this Petition declining throughout New Zealand statements about them and their effect is focused on the South Island under the current management on the species are very general in nature subspecies and petitions for listing as an scenarios (Slooten, 2013). In a review of or not substantiated by any data or endangered or threatened species and such modelling efforts, Slooten and information. For example, the petition not as a DPS.’’ Despite this stated focus Davies (2012) showed that all analyses states that, although there is limited on the ‘‘South Island subspecies,’’ the are remarkably consistent in indicating large vessel traffic in the Gala´pagos, petition provides status information for that (1) dolphin populations have smaller vessels ‘‘could release moderate both subspecies and relies on the declined substantially due to fisheries quantities’’ of oil ‘‘if involved in a species-level IUCN assessment for C. mortality, and (2) recovery is unlikely marine accident.’’ No information hectori. The Latin name for the South under recent management efforts. regarding frequency or potential for Island subspecies, C. hectori hectori, is Research has also demonstrated a such oil spills is presented or available not mentioned in the petition. Thus, it significant conservation benefit of the in our files. Furthermore, according to is not clear which entity the petition is Banks Peninsula Marine Mammal the last IUCN assessment, the current requesting be considered for listing Sanctuary (Slooten, 2013), which was abundance of Gala´pagos fur seals is under the ESA. We elected to address enacted in 1988 to protect the dolphins roughly estimated to be about 15,000 to the species, C. hectori, in our review, from commercial gillnetting. Despite 20,000 animals (Aurioles and Trillmich, because the petition consistently refers this sanctuary, additional protected 2008), which is not necessarily to C. hectori throughout its discussions areas, and a slow but steady escalation considered ‘‘small.’’ Given the limited and presents status and threats of protections since 1988, Slooten information provided, we do not information for the dolphins range- (2013) reports that population decline is consider the ‘‘other natural factors’’ wide. still occurring nationwide. An expert discussed in the petition to constitute Hector’s dolphin is currently panel, convened in 2012 by the New substantial information that listing classified as ‘‘endangered’’ on the IUCN Zealand Department of Conservation Gala´pagos fur seals under the ESA may Red List and is listed on Appendix II of and Ministry for Primary Industries and be warranted. CITES. Maui’s dolphin is listed consisting of scientists from New Overall, while the information in the separately as ‘‘critically endangered’’ on Zealand and the United States, petition suggests that the Gala´pagos fur the Red List. Under the New Zealand estimated that fisheries bycatch seal should continue to be protected, Threat Classification System, the South accounted for 95.5% of all human- much of the information about threats is Island subspecies is currently caused mortality; pollution, mining, and overly general or speculative in nature. categorized as ‘‘endangered’’ (Baker et tidal energy generation were among the Insufficient information is provided to al., 2010), and Maui’s dolphin is threats comprising the remaining 4.5%

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of human-caused mortality (Slooten, significant to the species as a whole (61 markedly in its genetic characteristics. 2013). Overall, the available information FR 4722; February 7, 1996). Several For example, Huggenberger et al. (2002) suggests that bycatch is posing an morphological and genetic studies found significant differences in skull extinction risk for the species. referenced in the petition provide some morphology among subpopuations of The petition states that Hectors’ evidence that the harbor porpoises in the North and Baltic Sea regions that dolphins are also threatened with the Baltic Sea are distinct from the may stem from differences in prey extinction from disease. However, no harbor porpoises living in the Kattegat, species among areas. Differences in other information, discussion or Skagerrak and North Seas (Tiedemann tooth ultrastructure, which may be references are provided in the petition et al., 1997; Huggenberger et al., 2002). genetically or environmentally to indicate what diseases are affecting On the basis of these studies, the controlled, have also been found among the dolphins and how these diseases are petition argues that the Baltic Sea harbor porpoises from the Baltic, North affecting survivorship or health of the porpoises are markedly separated from and Skagerrat Seas (Lockyer, 1999). In dolphins. While it is possible the other subpopulations and thus meet the conclusion, we find sufficient species is threatened by some disease or ‘‘discreteness’’ criterion of the DPS indication that the BSS may meet the diseases, the available information is Policy. A more recent paper in our files ‘‘significance’’ criterion of the DPS insufficient to indicate that it is an provides some additional support for Policy. operative threat that is posing a this assertion: Wiemann et al. (2010) The weight of the available evidence potential extinction risk for the species. analyzed microsatellite and suggests that the BSS may meet the For example, Duignan et al. (2005) mitochondrial DNA for over 300 ‘‘discreteness’’ and the ‘‘significance’’ confirmed the presence of Brucella in a porpoise samples from the Baltic and criteria of the DPS Policy (61 FR 4722; female dolphin, but the prevalence of surrounding seas and found a small but February 7, 1996) and thus may qualify this potentially significant dolphin significant amount of genetic separation as a DPS. Therefore, we proceeded to pathogen or its impacts on Hector’s of the Baltic Sea porpoises from those in review the petition and information dolphin is not known. the adjacent Belt Sea. The data also readily available in our files to evaluate The petition asserts that Hector’s suggest some level of gene flow among whether this presumed DPS may dolphin is threatened by the inadequacy subpopulations, and the issues of how warrant listing under the ESA. We note, of existing regulatory mechanisms. The and where to divide subpopulations however, that precise boundaries for petition focuses specifically on CITES into meaningful management units has this potential DPS are not known or and the efforts of the New Zealand been a matter of some debate (Palme et determined at this stage. government. No information or al., 2008; Wiemann et al., 2010). In a The petition highlights pollution, and discussion of international trade is review article on harbor porpoises in the specifically polychlorinated biphenyls (PCBs), as a cause of habitat provided, and thus it is not clear Baltic Sea, Kochinski (2002) concludes whether CITES protections are actually modification, disease and parasitism that, although some studies are inadequate to address this particular that is threatening the BSS of harbor inconsistent in their findings, the threat. For reasons discussed above, we porpoise. PCBs are toxic organic existence of a Baltic Sea subpopulation agree that recent protections extended to chemicals once widely used in many does seem likely. Thus, we consider the Hector’s dolphins within New Zealand commercial and industrial products available information sufficient to do not appear to be sufficient to address (e.g., paints, plastics, electrical indicate that there may be a discrete the threat of bycatch, which is estimated equipment), and although used and Baltic Sea subpopulation of P. to be occurring at an unsustainable rate manufactured to a much lesser extent phocoena. For ease of discussion, we (Slooten, 2007). today, they can still be released into the Although figures vary among studies, refer to these harbor porpoises as the environment where they persist for long Hector’s dolphins have been estimated Baltic Sea subpopulation (BSS) periods of time. PCBs can enter the food to number 7,270 animals off the South throughout the remainder of this chain through direct contact, inhalation Island (Slooten et al., 2004) and 111 document. or ingestion, and can accumulate in the animals off the North Island (Slooten et The petition asserts that the BSS tissues of animals, especially those of al., 2006). Dolphin densities have differs from other subpopulations in its higher trophic levels. An analysis of declined since the 1970s and the genetic characteristics and that loss of organic contaminants in harbor populations have become increasingly the BSS of harbor porpoise would result porpoises showed that animals in the fragmented (Slooten, 2013). In a in a significant gap in the range of the Baltic Sea have 41 to 245% higher mean population viability analysis for the taxonomic species. Based on these two levels of PCBs and other period 1970–2009, Slooten (2007) lines of reasoning, the petition argues organochlorines in their tissues when estimated a rate of decline of 74% over that the BSS meets the ‘‘significance’’ compared to animals from the Kattegat 3 generations for the species as a whole. criterion of the DPS Policy. We find and Skagerrak Seas (Berggrena et al., Given low the abundances and limited support for the assertion that 1999). The total mean concentration of population fragmentation, the ongoing loss of this subpopulation from the PCBs measured in mature harbor threat of bycatch, and the predicted Baltic Sea would result in a signifigant porpoises from the Baltic Sea (46 ± 26 continued decline in abundance, we gap in the range of this very wide- mg/g) also exceeds the estimated find that Hector’s dolphin may warrant ranging and mobile species. Given the threshold level for subtle, adverse listing under the ESA. evidence of some degree of migration neurobehavioral effects in harbor among the subpopulations (Wiemann, porpoises (i.e., ∼3 mg/g; (Berggrena et al, Baltic Sea Subpopulation of Harbor 2010), we cannot concur with the 1999). Beineke et al. (2005) completed Porpoise statement in the petition that it is detailed pathological examinations on The petition requests listing of the ‘‘highly unlikely’’ for harbor porpoises 61 stranded or by-caught harbor Baltic Sea subpopulation of harbor from other subpopulations to fill the gap porpoises and found that harbor porpoise (Phocoena phocoena) as a that would be left by an extirpated BSS. porpoises from the German North and DPS. To meet the definition of a DPS, However, we do agree, that on the basis Baltic Seas exhibited a higher incidence a population must be both discrete from of morphological differences among of bacterial infection when compared to other populations of the species and subpopulations, the BSS may differ harbor porpoises from less polluted

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Icelandic and Norwegian waters. These to be lacking, especially given the in the Baltic Sea and surrounding authors concluded their findings context of ongoing conservation action. waters during the summers of 2001 and support the hypothesis of contaminant- The petition argues that existing 2002 have confirmed that the relative induced immunosuppression in harbor regulatory measures are inadequate to abudance and occurrence of harbor porpoise, which may possibly protect the BSS of harbor porpoise and porpoises in the Baltic Sea are very low contribute to disease susceptibility focuses the discussion on CITES and the (Gillespie et al., 2005). An unpublished (Beineke et al, 2005). In a review article, 2004 EU fisheries regulation in ASCOBANS report (1997; as cited in Koschinski (2002) reports that particular. However, no information is Koschinski, 2002) also states that harbor environmental contaminants most likely presented on international trade of the porpoises in the Baltic Sea ‘‘appear to be do affect the long-term viability of the BSS of harbor porpoise, and no in a serious long-term decline.’’ BSS porpoises and may in fact have information is presented to indicate that In conclusion, we find that harbor played a large role in their decline from the current Appendix II listing of P. porpoises of the Baltic Sea may meet the the 1940s to the 1970s, after which time phocoena is not adequate to safeguard ‘‘discreteness’’ and ‘‘significance’’ the BSS from effects of international the concentration of PCBs and other criteria of the DPS Policy (61 FR 4722; trade. The petition argues that the EU’s organochlorine contaminants began to February 7, 1996) and thus may qualify fisheries regulation is inadequate decline. The IUCN assessment for the as a DPS. We also find that, given the because this regulation does not address BSS also references multiple studies available information regarding low sources of bycatch from fisheries other abundance, a declining population that report various pathologies in Baltic than drift net fisheries (e.g., does not harbor porpoises, including pneumonia, trend and potential threat of pollution, address trawls). The extent of take or the BSS of harbor porpoise may warrant skin lesions, and heavy parasite loads mortality in other fisheries or gear types (see Hammond et al., 2008b). Thus, listing as threatened or endangered is not discussed further nor is such under the ESA. while it is unclear the level and extent information available in our files; thus, to which pollution is currently affecting it is not possible for us to evaluate the Eastern Taiwan Strait Subpopulation of the BSS, the available information extent to which these other fisheries Indo-Pacific Humpback Dolphin indicates the BSS is exposed to a pose a threat to the BSS. Lastly, the The petition requests listing of the relatively high level of pollution, and it petition argues that no regulations are eastern Taiwan Strait subpopulation suggests this exposure may be having adequately addressing the threat of (ETS) of the Indo-Pacific humpback negative health consequences for these pollution; but the regulatory context for animals. addressing pollution and PCBs in this dolphin, Sousa chinensis, as a DPS. As discussed previously, a population must The petition and IUCN assessment for region is not discussed, making this assertion difficult to assess. be both discrete from other populations the BSS of harbor porpoise state that the of the species and significant to the most significant threat to this Furthermore, while the petition refers to a report by ASCOBANS (‘‘Agreement on species as a whole in order to meet the subpopulation today is bycatch in definition of a DPS (61 FR 4722; commercial fisheries (Hammond et al., the Conservation of Small Cetaceans of the Baltic and North Seas’’) at one point, February 7, 1996). The petition 2008b). Bycatch of harbor porpoises has discusses how the ETS dolphins can be been documented to occur in multiple the petition provides no information on international conservation goals or distinguished from Indo-Pacific gear types, but the majority of the dolphins off the coast of mainland bycatch is attributed to bottom-set actions being taken by this group. We have no additional information in our China on the basis of pigmentation gillnets and driftnets (Koschinski, 2002). patterns. While a genetic basis for this Entanglement in such nets typically files regarding the management actions of this group or any other individual color variation has not yet been results in mortality (Koschinski, 2002). established, the maintenance of these Concern about incidental catch of small country. Thus, we do not find there is sufficient information to support the phenotypic differences may be cetaceans led the European Union (EU) claim that existing measures are indicative of reproductive isolation to adopt a regulation in 2004 to help inadequate. (Wang et al., 2008). As additional minimize bycatch in EU waters The harbor porpoise, P. phocoena, is evidence of ‘‘marked separation’’ of ETS (Hammond et al., 2008b). Information or an abundant and widespread species dolphins, the petition discusses how the data to evaluate the effectiveness of this with an estimated global abundance of ETS dolphins are restricted to the regulation in mitigating bycatch of about 700,000, (Hammond et al., 2008a). western side of Taiwan, mainly in and harbor porpoises are not available to us. In contrast, the BSS is estimated to around the two main estuaries. With Apparently, a complete evaluation of number fewer than 250 mature animals few exceptions, all sightings of ETS the threat bycatch poses to the BSS is (Hammond et al., 2008b). In his review dolphins have been reported from not yet possible due to uncertainty of existing literature, Koschinski (2002) within 3 km of shore despite survey regarding the total amount of bycatch states that abundance of porpoises in efforts beyond this point, and it has and uncertainty regarding harbor the Baltic region declined during the been suggested that the depth of the porpoise stock structure, abundance, second half of the 20th century and the relatively narrow Taiwan Strait may and population growth rate (Berggren, range contracted considerably. function as a barrier for movement of 1994; Koschinski, 2002). However, Anecdotal data collected by Skora et al. ETS dolphins across to the coast of Berggren et al. (2002); as cited in (1988) suggest that in Polish waters, mainland China (Wang et al., 2008; (Carlstrom et al, 2009) concluded that harbor porpoise abundance is very low Reeves et al., 2008b). An analysis of 450 the levels of bycatch in the Skagerrak, as compared to the abundance in the individually photo-identified dolphins Kattegat, and Baltic Sea are not early 20th century. Harbor porpoises are also provided no evidence of movement sustainable. Overall, it appears that still fairly abundant in the Kattegat and or exchange of individuals among the bycatch is widely accepted to be a Belt Seas (0.73–0.99 animals/sq km), ETS and two groups from mainland serious threat to harbor porpoises in the especially relative to the Baltic proper China (Wang et al., 2008). Overall, this Baltic Sea; however, sufficient data and where densities are less than 0.01 information suggests this subpopulation information to thoroughly evaluate the animals/sq km (Koschinski, 2002). may be ‘‘discrete’’ from other Indo- extent and severity of this threat appear Acoustic and visual surveys conducted Pacific humpback dolphins.

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With respect to the ‘‘significance’’ we do not have sufficient information to The petition asserts that existing criterion of the DPS Policy, the petition evaluate what effects this and most of regulatory mechanisms are inadequate states that the ETS dolphins are the activities discussed in the petition to conserve this DPS. The petition significant to the taxonomic species as (e.g., reduced freshwater flows, seabed specifically identifies the CITES a whole, because loss of this particular reclamation) are having on the dolphins’ Appendix I listing of Sousa spp. as one subpopulation would result in a status. For example, while several of the deficiency; however, no additional significant gap in the range of the rivers in western Taiwan have already information or data are provided in the species. While it may be unlikely that been dammed or diverted for petition regarding international trade of other Indo-Pacific humpback dolphins agricultural, municipal, or other ETS DPS dolphins. Thus, we cannot would move to occupy the available purposes, there are no data or conclude that the Appendix I listing is habitat should the ETS dolphins be information in the petition or our files inadequate to safeguard this DPS from extirpated (given potential bathymetric to indicate what the impact, if any, the threat of international trade. The barriers), it is not clear that the loss of reduced water flows to the estuaries is ETS DPS dolphins are currently this small range would constitute a having on the ETS DPS dolphins or protected under Taiwan’s Wildlife ‘‘significant gap’’ given the extensive their prey (Ross et al, 2010). However, Conservation Act, although it appears Indo-Pacific range of this species. The we do have some information in our that no specific habitats or areas are petition also argues that the files indicating that these dolphins are currently being protected (Ross et al., subpopulation is significant to the exposed to toxic PCBs and are likely to 2010). The petition, the IUCN species as a whole, because it differs be negatively affected through ingestion assessment, and other references in our markedly from other subpopulations in of contaminated prey. By measuring files also discuss Taiwan’s policy on its genetic characteristics. While there PCB concentrations of known prey environmental impact assessments and are no genetic data provided in the species, Riehl et al. (2011) constructed the failure of this process to adequately petition or in our files to indicate the a bioaccumulation model to assess the assess potential impacts of projects to observed phenotypic differences are risk PCBs may be posing to the ETS the ETS DPS dolphins or result in genetically controlled, a meaningful dolphins. Their results indicated that meaningful protection for the dolphins degree of genetic differentiation of the the ETS dolphins are at risk of (e.g., see Wang et al., 2007). The lack of ETS dolphins is plausible given the immunotoxic effects of PCBs over their habitat protections and a rigorous potential year-round residency of the lifetime (Riehl et al., 2011). In addition, environmental review process is ETS dolphins and the evidence surveys of 97 ETS DPS dolphins concerning given the large number of suggesting a lack of migration among conducted from 2006 to 2010 showed new industrial projects awaiting regional groups (Wang et al., 2008; that 73% had at least one type of skin approval and an expectation of Wang and Yang, 2010). Thus, we find lesion and that 49% of the surveyed continued habitat alteration and sufficient indication that the ETS dolphins were diseased (Yang et al., degradation (Wang et al., 2007). dolphins may meet the ‘‘significance’’ 2011). These data suggest the dolphins The size of the ETS DPS has been criterion of the DPS Policy. may have weakened immune systems estimated to total 99 animals, and We conclude that the Indo-Pacific and are consequently more susceptible additional mark-recapture data from humpback dolphins in the eastern to disease. Overall, while we have 2007–2010 indicate that the total Taiwan Strait may meet both the insufficient information to evaluate population size is probably less than 80 animals (Wang et al., 2012). Given the ‘‘discreteness’’ and the ‘‘significance’’ several of the claims in the petition, we criteria of the DPS Policy and thus may low estimated abundance and restricted do have sufficient information to qualify as a DPS (61 FR 4722; February range coupled with high exposure to indicate that pollution is probably 7, 1996). Therefore, we proceeded to environmental contaminants and having a negative impact on the status review the petition and information potentially weak regulatory protections, of the ETS of Indo-Pacific humpback readily available in our files to evaluate we conclude that the ETS DPS of the dolphins. whether this presumed DPS may Indo-Pacific humpback dolphin may warrant listing under the ESA. For ease The petition asserts that the greatest warrant listing under the ESA. of discussion, we refer to the ETS threat to this DPS is bycatch in Fiordland Subpopulation of Bottlenose subpopulation of the Indo-Pacific commercial fisheries. Data or Dolphin humpback dolphin as a DPS throughout information to directly evaluate this the remainder of this text. assertion appears to be lacking, but The petition requests listing of the The petition states that the ETS DPS some indirect data does suggest that Fiordland subpopulation of bottlenose of S. chinensis is being threatened by fisheries are posing a threat to this DPS. dolphins as a DPS and provides habitat destruction and modification For example, thousands of vessels information on how this subpopulation and lists multiple causes including deploying trammel or gillnets are meets both the ‘‘discreteness’’ and reduction of freshwater flows, seabed known to operate within the range of ‘‘significance’’ criteria of the DPS Policy reclamation, and pollution. The ETS this DPS, and one third of 32 photo- (61 FR 4722; February 7, 1996). DPS dolphins’ exposure to land-based identified dolphins of this DPS have Bottlenose dolphins occupy three, pollution and other threats is relatively scars thought to have been caused by discontinuous coastal regions around high all along the central western coast either collisions with ships or New Zealand: Northland, Marlborough of Taiwan, because these dolphins are interactions with fishing gear (Wang et Sounds and Fiordland. A thought to inhabit only a narrow strip of al., 2004). There are also two comprehensive analysis of coastal habitat: They have not been unpublished reports of dead, stranded mitochondrial DNA indicates that there observed in waters deeper than 25 m ETS dolphins suspected to have died as is a high degree of genetic isolation of and are typically sighted in waters 15 m a result of a fisheries interaction (see the Fiordland, Northland and deep and within 3 km from shore Ross et al., 2010). Overall, however, the Marlborough Sounds subpopulations (Reeves et al., 2008b). Information in available information is insufficient to from each other (Tezanos-Pinto et al., our files indicates that much of the support conclusions regarding whether 2008). Within Fiordland—the preferred habitat of the ETS DPS has or to what extent bycatch is contributing mountainous, rainforested region in the been altered or may become altered, but to extinction risk for the ETS DPS. southwest portion of New Zealand’s

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South Island—the population is and reduced prey availability (Currey et extinction risk for the Fiordland considered to be further subdivided into al., 2011a). Other threats discussed in subpopulation. three units, which can be referred to as the petition (e.g., anthropogenic climate Quoting from the IUCN assessment, the Milford, Doubtful and Dusky change, ocean acidification) are general the petition states that the Fiordland Sounds units (Tezanos-Pinto et al., in nature and not clearly or causally bottlenose dolphins are threatened by 2008). The three bottlenose dolphin linked to the status or habitat of the reduced prey availability as a result of communities within Fiordland appear Fiordland bottlenose dolphins. Thus, as environmental degradation and to be relatively separate from each other; summarized below, our review of the overfishing. Specific information or data however, there are some records of information regarding threats to this to support this assertion are very exchange among these groups, subpopulation focused on the three limited. The IUCN assessment cites suggesting that they are part of one main threats identified in the IUCN several studies that document an altered metapopulation (Currey et al., 2011a; assessment. sub-tidal community structure and citing Lusseau et al. 2006). We find the Tour boats have been shown to affect reduced the species’ richness in available information sufficient to several behaviors of bottlenose dolphins indicate that the Fiordland bottlenose response to the freshwater input in in Doubtful Sound, and dolphins with Doubtful Sound from the hydropower dolphins may meet the ‘‘discreteness’’ boat-strike scars have been observed in criterion of the DPS Policy. facility (Currey et al., 2011a; citing both Doubtful and Milford Sounds Boyle et al. 2001, Tallis et al. 2004, The petition argues that the Fiordland (Currey et al., 2011a; citing Lusseau et bottlenose dolphins are significant to Rutger and Wing 2006). These al., 2002; Lusseau, 2003; Boisseau, ecological side-effects may translate into their taxon as a whole for multiple 2003). In response to the documented reasons. We agree with the assertion in reduced or altered prey availability for impacts on the dolphins, a voluntary the dolphins. The IUCN assessment also the petition that the Fiordland code of conduct was adopted in 2006 in bottlenose dolphins differ markedly states that historical fishing has resulted Milford and Doubtful Sounds. Dolphin in significant declines in fish abundance from other populations in their genetic Protection Zones, in which boating characteristics and thereby may meet throughout Fiordland (Currey et al., activities are limited, were also created 2011a; citing Beentjes and Carbines the ‘‘significance criterion’’ of the DPS and extend 200m out from shore in 2005). Specific information regarding Policy. As noted above, analysis of regions of the fiord that include some of the dolphins’ existing prey resources, mitochondrial DNA indicates that there the most frequently used habitats however, is not presented or available in is significant genetic differentiation of (Currey et al., 2011a). This management the Fiordland bottlenose dolphins our files; thus, it is difficult to fully effort remains voluntary, and its (Tezanos-Pinto et al., 2008). The assess whether food limitation is posing effectiveness is unknown (Currey et al., Fiordland dolphins also display a threat to the Fiordland bottlenose 2011a). Tourism in Fiordland is multiple physical (e.g., larger, more dolphins. increasing, and thus the potential for rotund bodies; shorter fins, flukes and impacts on bottlenose dolphins is While the common bottlenose rostrum; Currey et al., 2011a; citing expected to increase as well, even in the dolphin, T. truncatus, is a cosmopolitan Schneider, 1999) and behavioral (e.g., less accessible Dusky Sound (Currey et and relatively abundant species, the shorter birthing season; Haase and al., 2011a). Although boating clearly is Fiordland subpopulation contains only Schneider, 2001) differences that and will likely continue to affect the about 205 animals (95% CI: 192–219; possibly reflect adaptation to their Currey et al., 2009). Results of colder water habitat, which lies at the Fiordland dolphins, it is not clear what population-level effect boating activity population viability analyses by Currey extreme southern end of the species’ et al. (2009) also show that the range (Currey et al., 2011a). The coastal is having on the Fiordland bottlenose dolphins. Thus, based on the available Fiordland subpopulation is highly likely fiords and bays of Fiordland may also to decline over periods of one, three and represent an ecological setting that is information, it is unclear whether this threat is posing an extinction risk that five generations. The average rate of unusual for this species. We find this decline for this subpopulation was information sufficient to indicate that is cause for concern. The Lake Manapouri hydroelectric estimated as 31.4% over one generation the Fiordland bottlenose dolphins may (21 years), and the average risk of meet the ‘‘significance’’ criterion of the power station tailrace discharges a large volume of freshwater into Deep Cove in extinction was calculated as 10.1% over DPS Policy. five generations (100 years) (Currey et We conclude, based on the readily Doubtful Sound and creates a distinct al., 2009). Capture-recapture modeling available information in our files and low-salinity water layer significantly of data from 1996–2008 for the the information presented in the deeper than that found in neighboring bottlenose dolphins in Doubtful Sound petition, that the Fiordland bottlenose fiords (Currey et al., 2011a; citing Gibbs indicate that this unit has been dolphins may meet both the et al. 2000, Gibbs 2001). The bottlenose declining since 1995, and that the ‘‘discreteness’’ and the ‘‘significance’’ dolphins of Doubtful Sound exhibit a criteria of the DPS Policy and thus may higher severity of skin lesions, have decline has been driven by reduced qualify as a DPS (61 FR 4722; February smaller calves and a more restricted survivorship of calves (less than 1 year 7, 1996). Therefore, we proceeded to calving season when compared to the old) and juveniles (less than 3 years old) review the petition and information bottlenose dolphins of the less- (Currey et al., 2011b). readily available in our files to evaluate disturbed Dusky Sound (Rowe et al., In conclusion, while it is difficult to whether this potential DPS may warrant 2010). This circumstantial evidence attribute the decline of the Fiordland listing under the ESA. supports but does not confirm the bottlenose dolphins to a specific cause Citing the IUCN assessment, the hypothesis that the elevated freshwater or causes, we find that low abundance petition states that the Fiordland input is having a negative impact on the coupled with past and projected decline bottlenose dolphins are exposed to three bottlenose dolphins within this of these dolphins constitutes substantial main threats: Disturbance and boat particular sound. Additional data are information that listing Fiordland strikes associated with boat-based required to fully evaluate the extent to bottlenose dolphins as threatened or tourism, increased freshwater discharge which freshwater input from this endangered under the ESA may be from hydroelectric power generation, hydropower facility is contributing to warranted.

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Petition Finding References Cited Management Council, 1164 Bishop A complete list of references is Street, Suite 1400, Honolulu, HI 96813, After reviewing the information telephone: (808) 522–8220 or fax: (808) contained in the petition, as well as available upon request to the Office of Protected Resources (see ADDRESSES). 522–8226. information readily available in our FOR FURTHER INFORMATION CONTACT: files, we conclude that the petition does Authority Kitty M. Simonds, Executive Director; not present substantial scientific or The authority for this action is the telephone: (808) 522–8220. commercial information indicating the Endangered Species Act of 1973, as SUPPLEMENTARY INFORMATION: The 115th petitioned action may be warranted for amended (16 U.S.C. 1531 et seq.). SSC meeting will be held in Honolulu the Gala´pagos fur seal, Arctocephalus Dated: February 14, 2014. on March 11–13, 2014 between 8:30 galapagoensis. In contrast, as described Samuel D. Rauch III, a.m. and 5 p.m.; the Marianas PT on above, we find that there is substantial March 14, 2014 between 8:30 a.m. and scientific information indicating the Deputy Assistant Administrator for Regulatory Programs, National Marine 5 p.m.; the CNMI REAC will meet on petitioned action may be warranted for Fisheries Service. March 14, 2014 between 8:30 a.m. and 12 noon.; The Joint Marianas PT and AP Hector’s dolphin, Cephalorhynchus [FR Doc. 2014–03735 Filed 2–20–14; 8:45 am] hectori; the BSS of the harbor porpoise, on March 14, 2014 between 6 p.m. and BILLING CODE 3510–22–P Phocoena phocoena; the ETS 9 p.m. and March 15, 2014 between 8:30 subpopulation of the Indo-Pacific a.m. and 4 p.m.; and the Guam REAC humpback dolphin, Sousa chinensis; DEPARTMENT OF COMMERCE will meet on March 19, 2014 between and the Fiordland subpopulation of the 1:30 p.m. and 5 p.m. The Council’s bottlenose dolphin, Tursiops truncatus. National Oceanic and Atmospheric Executive and Budget Standing We hereby announce the initiation of Administration Committee will meet on Saipan on March 16, 2014 between 3 p.m. and 5 status reviews for each of these four RIN 0648–XD143 entities to determine whether the p.m. and its Program Planning Standing petition actions are warranted. Western Pacific Fishery Management Committee will meet on Saipan on Council; Public Meetings March 17, 2014 between 7:30 a.m. and Information Solicited 9:30 a.m.; and the 159th Council AGENCY: National Marine Fisheries Meeting will be held on Saipan between To ensure that the status reviews are Service (NMFS), National Oceanic and 10:30 a.m. and 5 p.m. on March 17, based on the best available scientific Atmospheric Administration (NOAA), 2004 and on Guam between 9 a.m. and and commercial data, we are soliciting Commerce. 5 p.m. on March 18, 2014; and in Guam information relevant to whether ACTION: Notice of public meetings and between 8:30 a.m. and 5 p.m. on March Hector’s dolphin, the BSS of harbor hearings. 20, 2014, and between 9 a.m. and 5 p.m. porpoise, the ETS subpopulation of the on March 21, 2014. In addition, the Indo-Pacific humpback dolphin, and the SUMMARY: The Western Pacific Fishery Council will host Fishers Forums on Fiordland subpopulation of bottlenose Management Council (Council) will Saipan on March 17, 2014 between 6 dolphin may warrant listing as hold meetings of its 115th Scientific and p.m. and 9 p.m. and on Guam on March threatened or endangered under the Statistical Committee (SSC) and its 20, 2014 between 6 p.m. and 9 p.m. ESA. Specifically, we are soliciting data 159th Council meeting to take actions The 115th SSC will be held at the on fishery management issues in the and information, including unpublished Council’s Office in Honolulu; the Guam Western Pacific Region. The Council data and information, in the following REAC, Marianas PT and AP will be held will also convene meetings of the areas: (1) Historical and current at the Guam Hilton Hotel, Tumon Bay, Marianas Plan Team (PT), Guam Guam; the Council’s Standing distribution and abundance of Hector’s Regional Ecosystem Advisory dolphin and the petitioned Committees, the CNMI REAC, the 159th Committee (REAC), the Commonwealth Council Meeting on March 17 and 18 subpopulations of harbor porpoise, of the Northern Marianas (CNMI) REAC, and Fishers Forum on March 17 will be Indo-Pacific humpbacked dolphin, and the Mariana Archipelago Advisory held at the Fiesta Hotel, Garapan, bottlenose dolphin throughout their Panel (AP) and the Council’s Program Saipan, CNMI. The Council Meeting on range; (2) historical and current Planning Standing Committee and March 20 and 21 and the Fishers Forum population trends; (3) life history and Executive and Budget Standing on March 20 will be held at the Guam habitat requirements (4) genetic Committee. Hilton Hotel. analyses of subpopulations, populations DATES: The meetings will be held from In addition to the agenda items listed or subspecies; (5) past, current and March 11 through March 21, 2014. For here, the SSC and Council will hear future threats, including any current or specific times and agendas, see recommendations from Council planned activities that may adversely SUPPLEMENTARY INFORMATION. advisory groups. Public comment impact these marine mammals; (6) ADDRESSES: Council office, 1164 Bishop periods will be provided throughout the ongoing or planned efforts to protect Street, Suite 1400, Honolulu, HI 96813; agendas. The order in which agenda and restore the marine mammals and telephone: (808) 522–8220. items are addressed may change. The their habitat; and (7) management, Guam Hilton Hotel, 202 Hilton Road, meetings will run as late as necessary to regulatory, and enforcement Tumon Bay, Guam GU 96913; complete scheduled business. information. We request that all telephone: (671) 646–1835. Schedule and Agenda for 115th SSC information be accompanied by: (1) Fiesta Hotel, Saipan Beach, Garapan, Meeting Supporting documentation such as MP CNMI 96950; telephone: (670) 234– maps, bibliographic references, or 6412. 8:30 a.m.–5 p.m., Tuesday, March 11, reprints of pertinent publications; and Background documents will be 2014 (2) the submitter’s name, address, and available from, and written comments 1. Introductions any association, institution, or business should be sent to, Mr. Arnold Palacios, 2. Approval of Draft Agenda and that the person represents. Chair, Western Pacific Fishery Assignment of Rapporteurs

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3. Status of the 115th SSC Meeting B. SSC Subcommittee Review of the 8. Pre-Workshop Activities for the Recommendations Insular False Killer Whale Photo-ID Technical Committee of the Fishery 4. Report from the Pacific Islands Data Analysis Data Collection and Research Fisheries Science Center Director C. Update on the Marine Mammal Stock Committee 5. Remarks from the New NMFS Senior Assessment Reports 9. General Discussions Scientist for Ecosystem Research D. Analysis of Impacts under the Deep- 10. Other Business 6. Insular Fisheries set Longline Biological Opinion 11. Public Comment A. Main Hawaiian Islands (MHI) E. Updates on Endangered Species Act Schedule and Agenda for CNMI REAC Bottomfish Restricted Fishing Area (ESA) and Marine Mammal Meeting (BRFA) Management Plan Protection Act (MMPA) Actions B. Report from MHI Bottomfish Working 1. Results of an Update of the Corals of 8:30 a.m.–12 noon, Friday, March 14, Group Research Priorities the World Information Base 2014 C. Report on the CNMI Bottomfish 2. Proposed Rule to List 66 Species of 1. Welcome and Introductions Coral as Endangered or Threatened Scoping (Action Item) 2. Status Report on 158th Council D. Informing Creel Survey Adjustment under the ESA Meeting Recommendations Factors Using Village-based 3. Green Turtle Status Review regarding CNMI 4. North Pacific Humpback Whale Fisheries Profiles 3. Council Action Items for 159th E. Estimation of Catch Weight of Reef Petition meeting 5. Proposed 2014 List of Fisheries Fish from Hawaii Marine A. CNMI Bottomfish Management— Recreational Fisheries Statistical 6. Other Relevant Actions F. Report of the Protected Species Removing the 50 Nautical Mile Survey (HMRFSS) Area Closure for Large Vessels F. Hawaii Kumu (White-saddle Advisory Committee Meeting Fishing Around the CNMI Southern Goatfish) Stock Assessment G. Public Comment Islands G. Public Comment H. SSC Discussion and B. Coral Reef Annual Catch Limits H. SSC Discussion and Recommendations C. Discussion and Recommendations Recommendations 8:30 a.m.–5 p.m., Thursday, March 13, 4. Local CNMI Issues 7. Program Planning 2014 A. President Proclamation on Territorial A. Report from P-star Working Group 10. Other Business Waters (Action Item) B. Status of Local Activities to Address B. Specifying Acceptable Biological A. Electronic Monitoring Workshop B. Fishery Ecosystem Plans (FEP) and Conflicting Shark Regulations Catches for the Coral Reef Species i. Legislative in the Western Pacific Region Program Review C. 116th SSC Meeting ii. Administration (Action Item) C. Military Activities C. Social Science Program Plan 11. Summary of SSC Recommendations to the Council i. Prepositioning Ships D. Public Comment ii. Tinian, Farallon de Medinilla (FDM) E. SSC Discussion and Schedule and Agenda for Marianas PT and Pagan Recommendations Meeting iii. Discussion and Recommendations 8:30 a.m.–5 p.m., Wednesday, March 12, 8:30 a.m.–5 p.m., Friday, March 14, 5. Other Business 2014 2014 6. Public Comment 7. Discussion and Recommendations 8. Pelagic Fisheries 1. Welcome and Introductions A. Longline Fisheries Quarterly Reports 2. Approval of the Agenda Schedule and Agenda for Joint 1. Hawaii 3. Assignment of Rapporteurs Marianas PT and AP Meeting 2. American Samoa 4. Report on Previous Plan Team 6 p.m.–9 p.m. Friday, March 14, 2014 B. Economic Collapse of American Recommendations and Council Samoa Longline Fishery (Action Actions 1. Welcome and Introductions Item) 5. Review of the Status of the Western 2. Status of the Marianas Fisheries C. Experimental Fishing Permit— Pacific Insular Fisheries 3. Status of the Council American Samoa Large Vessel A. Commonwealth of Northern Mariana a. New at the Council Prohibited Area (Action Item) Islands i. Advisory Group Changes (Non- D. Modifying Hawaii Longline Fishery i. Update of fishery dependent and Commercial Fisheries Advisory Eastern Pacific Ocean (EPO) Bigeye independent studies Committee, Protected Species Tuna Catch Limit (Action Item) ii. Coral Reef Fisheries Advisory Committee, Education, E. Bigeye Tuna Movement Workshop iii. Incorporating BioSampling Data in Climate Change and Marine Spatial F. Disproportionate Burden Workshop the Annual Report Planning) G. Workshop on Ecosystem Approaches iv. Bottomfish Fisheries ii. AP Solicitation This Year (New 4- to Pelagic Fisheries Management v. Discussions year Term Starting 2015) H. International Fisheries B. Guam iii. Outreach-Web site, E-newsletter, etc. 1. 10th Regular Session of the Western i. Update of Fishery Dependent and b. Status of 2013 AP Recommendations & Central Pacific Fisheries Independent Studies c. Council Action Items Commission (WCPFC 10) ii. Coral Reef Fisheries i. Annual Catch Limits for Coral Reef 2. International Scientific Committee iii. Report on Data Summaries for the Species (ISC) Guam BioSampling Program ii. CNMI Bottomfish Management— I. Public Comment iv. Bottomfish Fisheries Removing the 50 Nautical Mile J. SSC Discussion and v. Discussions Area Closure for Large Vessels Recommendations 6. Discussion on the Non-Commercial Fishing Around the CNMI Southern 9. Protected Species Module for the Annual Report Islands A. Leatherback Turtle Bycatch Analysis 7. Planning for the Joint Archipelagic d. Updates on Projects and Issues and Revised TurtleWatch Plan Team Meeting i. Data Collection Efforts

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1. Guam Military Data Collection Project 4. NOAA Initiatives 2. Military Proposed Plans and Status 2. CNMI Data Collection Efforts A. NOAA Research Cruise Plans for the H. Education and Outreach Initiatives ii. Fishery Development Mariana Islands 1. Report of the Lunar Calendar 1. Guam Projects B. NOAA Habitat Blueprint Designation I. Advisory Group Recommendations 2. CNMI Projects of Manell-Geus, Guam 1. AP Recommendations iii. Community Projects C. Discussion 2. PT Recommendations 1. Malesso Community-based Marine 5. Other Business 3. REAC Recommendations Resource Plan 6. Public Comment J. SSC Recommendations 4. Advisory Panel Reports 7. Discussion and Recommendations K. Public Hearing a. Guam L. Council Discussion and Action Schedule for Council Standing b. CNMI Committee Meetings 6 p.m.–9 p.m., Monday, March 17, 2014 5. Public Comment 6. Day 1 Recommendations and Wrap- 3 p.m.–5 p.m., Sunday, March 16, 2014 Fishers Forum: Are Sharks the Frontier? up Executive and Budget Standing 9 a.m.–5 p.m., Tuesday, March 18, 2014 7. Day 2 Workshop Introduction and Committee Expectations 9. Program Planning and Research 7:30 a.m.–9:30 a.m., Monday, March 17, A. Report From P-star Working Group 8:30 a.m.–4 p.m., Saturday, March 15, 2014 (Action Item) 2014 B. Report From the Social Economic Program Planning Standing Committee 8. Marianas Fishery Ecosystem Plan Ecological Management Uncertainty Review and Priorities Workshop Schedule and Agenda for 159th Council (SEEM) Working Group (Action a. Plenary-Overview and Purpose, Meeting Item) C. Specifying Annual Catch Limits for Setting the Process Stage 10:30 a.m.–5 p.m., Monday, March 17, the Coral Reef Species in the i. Current/Traditional Approaches to 2014 Management Western Pacific Region (Action ii. Current Policies, Regulations and 1. Opening Ceremony and Introductions Item) Factors 2. Opening Remarks D. Social Science Program Plan iii. Review of Available Information 3. Approval of the 159th Agenda E. Five-year Program Review iv. Review of Regulatory Regime 4. Approval of the 158th Meeting F. Education and Outreach v. Essential Fish Habitat (EFH) and Minutes G. Advisory Group Recommendations Habitat of Particular Concern 5. Executive Director’s Report 1. AP Recommendations (HAPC) 6. Election of Officers 2. PT Recommendations vi. Instructions for Plenary and Breakout 7. Agency Reports H. SSC Recommendations b. Breakout Session 1: Data Gathering A. National Marine Fisheries Service I. Program Planning Standing c. Breakout Session 2: Defining Needs 1. Pacific Islands Regional Office Committee Recommendations and Priorities 2. Pacific Islands Fisheries Science J. Public Hearing d. Plenary-Report Back from Groups Center (PIFSC) K. Council Discussion and Action e. Breakout Session 3: Developing a. 2014 PIFSC Plan 10. American Samoa Archipelago Management Strategies and B. NOAA General Counsel, Pacific A. Motu Lipoti Measures Islands Region B. Fono Report f. Breakout Session 4: Crafting an 1. Report on Compact Impact Related to C. Enforcement Issues Effective Plan Fishing D. Community Activities and Issues g. Plenary-Report Back from Groups C. U.S. Fish and Wildlife Service 1. Update on Community Fisheries h. Plenary-Wrap-up and Discussion D. Enforcement Section Development 1. U.S. Coast Guard 2. Seafood Market Training Workshop Schedule and Agenda for Guam REAC 2. NMFS Office for Law Enforcement E. Education and Outreach Initiatives Meeting 3. NOAA General Counsel for F. SSC Recommendations 1:30 p.m.–5 p.m., Wednesday, March 19, Enforcement and Litigation G. Public Comment E. Public Comment 2014 H. Council Discussion and Action F. Council Discussion and Action 11. Public Comment on Non-Agenda 1. Welcome and Introductions 8. Marianas Archipelago—Part 1: CNMI Items 2. Status Report on 158th Council A. Arongol Falu Meeting Recommendations for B. Legislative Report 8:30 a.m.–5 p.m., Thursday, March 20, Guam C. Enforcement Issues 2014 3. Community Resource Management D. Marianas Trench Marine National Guam Opening Ceremony and Activities and Issues Monument Introductions A. Malesso Community-based 1. President’s Proclamation Regarding Welcoming Remarks Management Plan for Coastal and Northern Islands, Tinian and 12. Marianas Archipelago—Part 2: Marine Resources Farallon de Medinilla Guam B. Micronesia Compact Issues Related to E. Bottomfish Area Closure Modification A. Isla Informe Fisheries (Action Item) B. Legislative Report i. Community Issues and Concerns F. Report on CNMI Projects C. Enforcement Issues Regarding Fishing Activities 1. Data Collection Efforts D. Report on Guam Projects and ii. Report on GC Review of Compact 2. CNMI Commercial Dock Report Programs Impact Issues Related to Fishing 3. Marianas Skipjack Assessment Report 1. Status Report on the Manahak C. Community Concerns Regarding 4. Status of Fish Market Development at (rabbitfish) Project Military Impact to Fishing Fishing Base 2. Status Report on the Fishing Platform Community G. Community Activities and Issues Project D. Discussion 1. Military Initiatives on Tinian 3. Status Report on Agat Dock A Project

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4. Marianas Skipjack Assessment Report C. Modifying Hawaii Longline Fishery Special Accommodations 5. Guam Military Data Collection Project EPO Bigeye Tuna Catch Limit These meetings are physically E. Community Development Activities (Action Item) accessible to people with disabilities. and Issues D. Bigeye Tuna Movement Workshop Requests for sign language 1. Malesso Community-based Marine E. Disproportionate Burden Workshop interpretation or other auxiliary aids Resource Plan F. International Fisheries should be directed to Kitty M. Simonds, 2. Report on the Piti Pride Tepungan 1. WCPFC 10 (808) 522–8220 (voice) or (808) 522– Wide 2. ISC 8226 (fax), at least 5 days prior to the 3. NOAA Habitat Blue Print 3. North Pacific Regional Fishery meeting date. 4. Ritidian Point Firing Range Proposal Management Organization 5. Report on Compact Impact Related to (NPRFMO) Authority: 16 U.S.C. 1801 et seq. Fishing 4. South Pacific Regional Fishery Dated: February 18, 2014. F. Education and Outreach Initiatives Management Organization Tracey L. Thompson, 1. Report of the Lunar Calendar Festival (SPRFMO) Acting Deputy Director, Office of Sustainable 2. Festival of the Pacific Arts 2016 G. Longline Fisheries Quarterly Reports Fisheries, National Marine Fisheries Service. 3. President’s Proclamation on Climate H. Advisory Group Recommendations [FR Doc. 2014–03723 Filed 2–20–14; 8:45 am] Change 1. AP Recommendations BILLING CODE 3510–22–P G. Advisory Group Recommendations 2. PT Recommendations 1. AP Recommendations 3. REAC Recommendations 2. PT Recommendations I. SSC Recommendations COMMITTEE FOR PURCHASE FROM 3. REAC Recommendations J. Public Hearing H. SSC Recommendations PEOPLE WHO ARE BLIND OR K. Council Discussion and SEVERELY DISABLED I. Public Comment Recommendations J. Council Discussion and Action 16. Hawaii Archipelago Procurement List, Proposed Deletions 13. Protected Species A. Moku Pepa A. Update on Marine Mammal Stock B. Legislative Report AGENCY: Committee for Purchase From Assessments C. Enforcement People Who Are Blind or Severely B. Deep-set Longline Fishery Biological D. Main Hawaiian Island Bottomfish Disabled. Opinion 1. State of Hawaii BRFA Management ACTION: Proposed deletions from the C. Updates on Endangered Species Act Plan Procurement List. and Marine Mammal Protection Act 2. Bottomfish Working Group SUMMARY: Actions E. Community Projects, Activities and The Committee is proposing 1. Results of an Update of the Corals of Issues to delete products from the Procurement the World Information Base 1. Supporting the Aha Moku System List that was previously furnished by a 2. Proposed Rule To List 66 Species of 2. Outreach and Education Report nonprofit agency employing persons Coral as Endangered or Threatened F. SSC Recommendations who are blind or have other severe Under the ESA G. Public Comment disabilities. Comments must be received on or 3. Green Turtle Status Review H. Council Discussion and Action before: 3/24/2014. 4. North Pacific Humpback Whale 17. Administrative Matters Petition A. Financial Reports ADDRESSES: Committee for Purchase 5. Proposed 2014 List of Fisheries B. Administrative Reports From People Who Are Blind or Severely 6. Other Relevant Actions C. Standard Operating Practices and Disabled, 1401 S. Clark Street, Suite D. Report on the Insular Sea Turtle Procedures (SOPP) Review and 10800, Arlington, Virginia, 22202–4149. Programs Changes FOR FURTHER INFORMATION OR TO SUBMIT E. Advisory Group Recommendations D. Council Family Changes COMMENTS CONTACT: Barry S. Lineback, 1. Protected Species Advisory E. Meetings and Workshops Telephone: (703) 603–7740, Fax: (703) Committee Recommendations F. Report on Magnuson-Stevens Act 603–0655, or email CMTEFedReg@ 2. AP Recommendations (MSA) Reauthorization AbilityOne.gov. 3. PT Recommendations G. Other Business 4. REAC Recommendations SUPPLEMENTARY INFORMATION: This H. Standing Committee F. SSC Recommendations notice is published pursuant to 41 Recommendations G. Public Comment U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its I. Public Comment H. Council Discussion and Action purpose is to provide interested persons 14. Public Comment on Non-Agenda J. Council Discussion and Action an opportunity to submit comments on Items 18. Other Business the proposed actions. Non-Emergency issues not contained Deletions 6 p.m.–9 p.m., Thursday, March 20, in this agenda may come before the 2014 Council for discussion and formal The following products are proposed Fishers Forum: Malesso Community- Council action during its 159th meeting. for deletion from the Procurement List: based Marine Management Plan However, Council action on regulatory Products issues will be restricted to those issues Bag, Plastic 9 a.m.–5 p.m., Friday, March 21, 2014 specifically listed in this document and 15. Pelagic & International Fisheries any regulatory issue arising after NSN: 8105–LL–N77–1370 A. Economic Collapse of American publication of this document that NSN: 8105–LL–N78–1252 NSN: 8105–LL–N86–0770 Samoa Longline Fishery (Action requires emergency action under section NSN: 8105–LL–N86–0771 Item) 305(c) of the Magnuson-Stevens Act, NSN: 8105–LL–N91–2391 B. Experimental Fishing Permit— provided the public has been notified of NSN: 8105–LL–N91–2392 American Samoa Large Vessel the Council’s intent to take action to NSN: 8105–LL–N91–2393 Prohibited Area (Action Item) address the emergency. NSN: 8105–LL–N91–2394

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NPA: UNKNOWN organizations that will furnish the aggregated by the Army Contracting Contracting Activity: Dept. of the Navy, U.S. products to the Government. Command—Aberdeen Proving Ground, Fleet Forces Command, Norfolk, VA. 2. The action will result in Natick Contracting Division, Natick MA. Barry S. Lineback, authorizing small entities to furnish the Deletions Director, Business Operations. products to the Government. 3. There are no known regulatory [FR Doc. 2014–03681 Filed 2–20–14; 8:45 am] On 1/10/2014 (79 FR 1835–1836), the alternatives which would accomplish Committee for Purchase From People BILLING CODE 6353–01–P the objectives of the Javits-Wagner- Who Are Blind or Severely Disabled O’Day Act (41 USC 8501–8506) in published notice of proposed deletions connection with the products proposed COMMITTEE FOR PURCHASE FROM from the Procurement List. for addition to the Procurement List. PEOPLE WHO ARE BLIND OR After consideration of the relevant SEVERELY DISABLED End of Certification matter presented, the Committee has determined that the products and Procurement List; Additions and Accordingly, the following products are added to the Procurement List: service listed below are no longer Deletions suitable for procurement by the Federal Products AGENCY: Committee for Purchase From Government under 41 USC 8501–8506 Jackets, Intermediate Weather Outer Layer and 41 CFR 51–2.4. People Who Are Blind or Severely (IWOL), Layer 6, Army, (FREE), OCP Disabled. NSN: 8415–01–583–9470—XSS Regulatory Flexibility Act Certification ACTION: Additions to and deletions from NSN: 8415–01–583–9471—XSR I certify that the following action will the Procurement List. NSN: 8415–01–583–9474—XSL NSN: 8415–01–583–9479—SS not have a significant impact on a SUMMARY: This action adds products to NSN: 8415–01–583–9480—SR substantial number of small entities. the Procurement List that will be NSN: 8415–01–583–9483—SL The major factors considered for this furnished by nonprofit agencies NSN: 8415–01–583–9485—MS certification were: employing persons who are blind or NSN: 8415–01–583–9488—MR 1. The action will not result in have other severe disabilities, and NSN: 8415–01–583–9445—ML NSN: 8415–01–583–9447—LS additional reporting, recordkeeping or deletes products and a service from the other compliance requirements for small Procurement List previously furnished NSN: 8415–01–583–9449—LR NSN: 8415–01–583–9450—LL entities. by such agencies. NSN: 8415–01–583–9451—XLS 2. The action may result in DATES: Effective Date: 3/24/2014. NSN: 8415–01–583–9453—XLR authorizing small entities to furnish the NSN: 8415–01–583–9454—XLL ADDRESSES: Committee for Purchase products and service to the Government. From People Who Are Blind or Severely NSN: 8415–01–583–9455—XXLS Disabled, 1401 S. Clark Street, Suite NSN: 8415–01–583–9456—XXLR 3. There are no known regulatory NSN: 8415–01–583–9458—XXLL 10800, Arlington, Virginia 22202–4149. alternatives which would accomplish NPA: Winston-Salem Industries for the the objectives of the Javits-Wagner- FOR FURTHER INFORMATION CONTACT: Blind, Inc., Winston-Salem, NC O’Day Act (41 U.S.C. 8501–8506) in Barry S. Lineback, Telephone: (703) Contracting Activity: Army Contracting Command—Aberdeen Proving Ground, connection with the products and 603–7740, Fax: (703) 603–0655, or email service deleted from the Procurement [email protected]. Natick Contracting Division, Natick MA Coverage: C-List for 100% of the requirement List. SUPPLEMENTARY INFORMATION: of the Department of the Army, as End of Certification Additions aggregated by the Army Contracting Command—Aberdeen Proving Ground, Accordingly, the following products On 11/29/2013 (78 FR 71582–71583), Natick Contracting Division, Natick MA. the Committee for Purchase From and service are deleted from the Trousers, Intermediate Weather Outer Layer Procurement List: People Who Are Blind or Severely (IWOL), Layer 6, Army, (FREE), OCP Disabled published notice of proposed NSN: 8415–01–584–1635—XSS Products additions to the Procurement List. NSN: 8415–01–584–1637—XSR Folder, File, Paperboard, Heavy Duty, 1/3 Cut After consideration of the material NSN: 8415–01–584–1639—XSL Tab, Clear Sleeve, Kraft, Letter presented to it concerning capability of NSN: 8415–01–584–1640—SS NSN: 7530–00–281–5907 NSN: 8415–01–584–1641—SR qualified nonprofit agencies to provide NPA: L.C. Industries for the Blind, Inc., the products and impact of the NSN: 8415–01–584–1642—SL NSN: 8415–01–584–1643—MS Durham, NC additions on the current or most recent Contracting Activity: General Services contractors, the Committee has NSN: 8415–01–584–1644—MR NSN: 8415–01–584–1645—ML Administration, New York, NY determined that the products listed NSN: 8415–01–584–1648—LS DVD Label Refill below are suitable for procurement by NSN: 8415–01–584–1649—LR NSN: 7530–01–554–7679 the Federal Government under 41 U.S.C. NSN: 8415–01–584–1654—LL NPA: North Central Sight Services, Inc., 8501–8506 and 41 CFR 51–2.4. NSN: 8415–01–584–1655—XLS NSN: 8415–01–584–1656—XLR Williamsport, PA Regulatory Flexibility Act Certification NSN: 8415–01–584–1663—XLL Contracting Activity: General Services I certify that the following action will NSN: 8415–01–584–1665—XXLS Administration, New York, NY not have a significant impact on a NSN: 8415–01–584–1672—XXLR Service NSN: 8415–01–584–1674—XXLL substantial number of small entities. Service Type/Location: Janitorial/Custodial The major factors considered for this NPA: San Antonio Lighthouse for the Blind, San Antonio, TX Service, Social Security Administration certification were: Contracting Activity: Army Contracting Building, 50 North Third Street, 1. The action will not result in any Command—Aberdeen Proving Ground, Chambersburg, PA. additional reporting, recordkeeping or Natick Contracting Division, Natick MA NPA: Unknown. other compliance requirements for small Coverage: C-List for 100% of the requirement Contracting Activity: General Services entities other than the small of the Department of the Army, as Administration, FPDS Agency

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Coordinator, Washington, DC SUPPLEMENTARY INFORMATION: The Office Box 700, Piketon, Ohio 45661, Barry S. Lineback, NATO STANAG 4671 Custodial (740) 897–3737, Greg.Simonton@ Support Team is inviting industries lex.doe.gov. Director, Business Operations. from NATO countries to review Edition SUPPLEMENTARY INFORMATION: [FR Doc. 2014–03680 Filed 2–20–14; 8:45 am] 3 and provide comments and/or BILLING CODE 6353–01–P concerns prior to finalization and Purpose of the Board: The purpose of publication for topics of discussion the Board is to make recommendations during Industry Day. NATO STANAG to DOE–EM and site management in the areas of environmental restoration, DEPARTMENT OF DEFENSE 4671 USAR contains the airworthiness requirements to certify Fixed Wing waste management and related activities. Office of the Secretary Unmanned Aircraft Systems between 150kg and 20000kg. Interested Industry Tentative Agenda: • Meeting Invitation to Industry and Day participants may request copy of Call to Order, Introductions, Review Comment Period on Draft Edition 3 of the draft update to STANAG 4671 (with of Agenda Standardization Agreement (STANAG) comment sheet for feedback) by email • Approval of December Minutes 4671 Unmanned Aerial Vehicle and copies will be provided within 3 • Deputy Designated Federal Officer’s Systems Airworthiness Requirements business days of receipt by email only. Comments (USAR); Revision Upon request from an industry • Federal Coordinator’s Comments participant to attend Industry Day a • AGENCY: United States Office of the Liaison’s Comments formal invitation will be sent via email • Secretary of Defense through the United Presentation prior to March 5, 2014 with details for States Department of Defense for North Æ Infrastructure Projects—Greg date, location and access requirements. Atlantic Treaty Organization (NATO) Simonton, DOE The objective of the March meetings STANAG 4671 Custodial Support Team. • Administrative Issues will be to conduct a technical dialogue Æ Continued Support of Asset Recovery ACTION: Notice of meeting location on the STANAG 4671. Industry Day Recommendation 14–01 change and document availability; discussion topics will be generated D revision. based on Industry’s feedback as well as Public Comments on Recommendation SUMMARY: On Friday, January 10, 2014 specific topics identified by the Custodial Support Team. Comments D Board Comments on Recommendation (79 FR 1839–1840), the Department of • will be prioritized and addressed in an Subcommittee Updates Defense published a notice titled • Public Comments ‘‘Meeting Invitation to Industry and open forum. Key Words: RPV, UAS, UAV, • Final Comments from the Board Comment Period on Draft Edition 3 of Remotely Piloted Vehicle, Unmanned • Standardization Agreement (STANAG) Adjourn Aircraft, Unmanned Aircraft Vehicle, 4671.’’ Subsequent to the publication of Public Participation: The meeting is Unmanned Aircraft Systems. that notice, the subject of the notice, the open to the public. The EM SSAB, meeting location, the deadline for Dated: February 14, 2014. Portsmouth, welcomes the attendance of submitting comments, and parts of the Aaron Siegel, the public at its advisory committee text were revised. Alternate OSD Federal Register Liaison meetings and will make every effort to This notice revises the previously- Officer, Department of Defense. accommodate persons with physical published meeting notice to include [FR Doc. 2014–03663 Filed 2–20–14; 8:45 am] disabilities or special needs. If you these revisions. BILLING CODE 5001–06–P require special accommodations due to a disability, please contact Greg DATES: Comments must be submitted no Simonton at least seven days in advance later than March 5, 2014 to Mrs. Sandra of the meeting at the phone number A. Greeley at the email address in the DEPARTMENT OF ENERGY listed above. Written statements may be FOR FURTHER INFORMATION CONTACT filed with the Board either before or section. The meeting date is set for Environmental Management Site- after the meeting. Individuals who wish March 25–26, 2014 in Mannheim, Specific Advisory Board, Portsmouth to make oral statements pertaining to Germany. AGENCY: Department of Energy (DOE). agenda items should contact Greg ADDRESSES: A copy of STANAG 4671 ACTION: Notice of open meeting. Simonton at the address or telephone and the comment sheet may be obtained number listed above. Requests must be SUMMARY: This notice announces a by emailing Mrs. Sandra A. Greeley at received five days prior to the meeting meeting of the Environmental the email address in the FOR FURTHER and reasonable provision will be made Management Site-Specific Advisory INFORMATION CONTACT section. The to include the presentation in the Board (EM SSAB), Portsmouth. The meetings will be held in Mannheim, agenda. The Deputy Designated Federal Federal Advisory Committee Act (Pub. Germany at the Federal Academy of Officer is empowered to conduct the L. 92–463, 86 Stat. 770) requires that Education and Training in the meeting in a fashion that will facilitate public notice of this meeting be Bundeswehr, the meeting facility the orderly conduct of business. announced in the Federal Register. location is not yet finalized. Individuals wishing to make public DATES: Thursday, March 6, 2014, 6:00 FOR FURTHER INFORMATION CONTACT: comments will be provided a maximum Industry Day Meeting Coordinator: p.m. of five minutes to present their Mrs. Sandra A. Greeley, Email: ADDRESSES: Ohio State University, comments. [email protected], Endeavor Center, 1864 Shyville Road, Minutes: Minutes will be available by Telephone: (301) 342–8635. Piketon, Ohio 45661. writing or calling Greg Simonton at the STANAG 4671 Technical Information FOR FURTHER INFORMATION CONTACT: Greg address and phone number listed above. and Questions: Mr. Daniel Beck, Email: Simonton, Alternate Deputy Designated Minutes will also be available at the [email protected], Federal Officer, Department of Energy following Web site: http://www.ports- Telephone: (256) 313–5306. Portsmouth/Paducah Project Office, Post ssab.energy.gov/.

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Issued at Washington, DC, on February 11, with a waiver from the applicable basic model for covered consumer 2014. residential refrigerator and refrigerator- products when (1) the petitioner’s basic LaTanya R. Butler, freezer test procedures in 10 CFR part model for which the petition for waiver Deputy Committee Management Officer. 430, subpart B, appendix A1 for certain was submitted contains one or more [FR Doc. 2014–03695 Filed 2–20–14; 8:45 am] basic models of refrigerator-freezers design characteristics that prevent BILLING CODE 6450–01–P with multiple defrost cycles, provided testing according to the prescribed test that Samsung tests and rates such procedure, or (2) when prescribed test products using the alternate test procedures may evaluate the basic DEPARTMENT OF ENERGY procedure described in this notice. model in a manner so unrepresentative Today’s decision prohibits Samsung of its true energy consumption Office of Energy Efficiency and from making representations concerning characteristics as to provide materially Renewable Energy the energy efficiency of these products inaccurate comparative data. 10 CFR [Case No. RF–034] unless the product has been tested in a 430.27(a)(1). Petitioners must include in manner consistent with the provisions their petition any alternate test Decision and Order Granting a Waiver and restrictions in the alternate test procedures known to the petitioner to to Samsung From the Department of procedure set forth in the decision and evaluate the basic model in a manner Energy Residential Refrigerator and order below, and the representations representative of its energy Refrigerator-Freezer Test Procedures fairly disclose the test results. consumption characteristics. Distributors, retailers, and private The Assistant Secretary for Energy AGENCY: Office of Energy Efficiency and labelers are held to the same standard Efficiency and Renewable Energy (the Renewable Energy, Department of when making representations regarding Assistant Secretary) may grant a waiver Energy. the energy efficiency of these products. subject to conditions, including ACTION: Decision and order. 42 U.S.C. 6293(c). adherence to alternate test procedures. Issued in Washington, DC, on February 12, 10 CFR 430.27(l). Waivers remain in SUMMARY: The U.S. Department of 2014. effect pursuant to the provisions of 10 Energy (DOE) gives notice of its decision Kathleen B. Hogan, CFR 430.27(m). and order in Case No. RF–034 that Any interested person who has grants to Samsung Electronics America, Deputy Assistant Secretary for Energy submitted a petition for waiver may also Efficiency, Energy Efficiency and Renewable Inc. (Samsung) a waiver from the DOE Energy. file an application for interim waiver of electric refrigerator and refrigerator- the applicable test procedure freezer test procedures for specific basic Decision and Order requirements. 10 CFR 430.27(a)(2). The models set forth in its petition for In the Matter of: Samsung Electronics Assistant Secretary will grant an interim waiver. In its petition, Samsung America, Inc. (Case No. RF–034) waiver request if it is determined that provides an alternate test procedure that the applicant will experience economic is identical to the test procedure DOE I. Background and Authority hardship if the interim waiver is denied, published in a final rule dated January Title III, Part B of the Energy Policy if it appears likely that the petition for 25, 2012 (77 FR 3559) that and Conservation Act of 1975 (EPCA), waiver will be granted, and/or the manufacturers will be required to use Public Law 94–163 (42 U.S.C. 6291– Assistant Secretary determines that it starting in 2014. Under today’s decision 6309, as codified) established the would be desirable for public policy and order, Samsung shall be required to Energy Conservation Program for reasons to grant immediate relief test and rate these refrigerator-freezers Consumer Products Other Than pending a determination on the petition using an alternate test procedure as Automobiles, a program covering most for waiver. 10 CFR 430.27(g). adopted in that January 2012 final rule, major household appliances, which II. Samsung’s Petition for Waiver: which accounts for multiple defrost includes the residential electric Assertions and Determinations cycles when measuring energy refrigerators and refrigerator-freezers consumption. that are the focus of this notice.1 Part B On September 23, 2013, Samsung includes definitions, test procedures, submitted a petition for waiver from the DATES: This Decision and Order is test procedure applicable to residential effective February 21, 2014. labeling provisions, energy conservation standards, and the authority to require electric refrigerators and refrigerator- FOR FURTHER INFORMATION CONTACT: Mr. information and reports from freezers set forth in 10 CFR part 430, Bryan Berringer, U.S. Department of manufacturers. Further, Part B subpart B, appendix A1. Samsung is Energy, Building Technologies Office, authorizes the Secretary of Energy to designing new refrigerator-freezers that Mailstop EE–5B, 1000 Independence prescribe test procedures that are incorporate multiple defrost cycles. In Avenue SW., Washington, DC 20585– reasonably designed to produce results its petition, Samsung seeks a waiver 0121. Telephone: (202) 586–0371, that measure energy efficiency, energy from the existing DOE test procedure Email: [email protected]. use, or estimated operating costs, and applicable to refrigerators and Mr. Michael Kido, U.S. Department of that are not unduly burdensome to refrigerator-freezers under 10 CFR part Energy, Office of the General Counsel, conduct. (42 U.S.C. 6293(b)(3)) The test 430 because the existing test procedure Mail Stop GC–71, Forrestal Building, procedure for residential electric does not account for multiple defrost 1000 Independence Avenue SW., refrigerators and refrigerator-freezers is cycles. Therefore, Samsung has asked to Washington, DC 20585–0103. set forth in 10 CFR part 430, subpart B, use an alternate test procedure that is Telephone: (202) 586–8145. Email: appendix A1. the same as the one manufacturers will [email protected]. DOE’s regulations for covered be required to use in 2014 for products SUPPLEMENTARY INFORMATION: In products contain provisions allowing a with long-time or variable defrost. See accordance with Title 10 of the Code of person to seek a waiver from the test 77 FR 3559 (Jan. 25, 2012) (final rule). Federal Regulations (10 CFR 430.27(l)), procedure requirements for a particular Samsung has submitted similar DOE gives notice of the issuance of its petitions for waiver and requests for decision and order as set forth below. 1 For editorial reasons, upon codification in the interim waiver for other basic models of The decision and order grants Samsung U.S. Code, Part B was re-designated Part A. refrigerator-freezers that incorporate

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multiple defrost cycles. DOE granted as set forth in the paragraphs ACTION: Notice of proposed extension for subsequently granted a waiver for the below. the Falcon and Amistad Projects’ Power products specified in these petitions. (2) Samsung shall be required to test Rate Formula. See 77 FR 1474 (Jan. 10, 2012), 77 FR and rate the following Samsung model SUMMARY: This action is a proposal to 75428 (Dec. 20, 2012), 78 FR 35901 according to the alternate test procedure extend the existing Falcon and Amistad (June 14, 2013), 78 FR 35898 (June 14, set forth in paragraph (3) of this section. 2013), and 78 FR 65623 (Nov. 1, 2013). Projects’ Firm Power Rate Formula RS22HD*PN** through June 7, 2019. The Falcon and Samsung’s petition included an (3) Samsung shall be required to test Amistad Projects’ Firm Power Rate alternate test procedure to account for the products listed in paragraph (2) of Formula will expire on June 7, 2014. the energy consumption of its this section according to appendix A1 to refrigerator-freezer models with DATES: Thirty days after this notice is subpart B of 10 CFR part 430 except that published, Western will take further multiple defrost cycles. The alternate the test cycle shall be identical to the test procedure specified by Samsung is action on the proposed formula rate test procedure provisions for products extension consistent with 10 CFR 903. the same as the test procedure that DOE with long-time or variable defrost FOR FURTHER INFORMATION CONTACT: Ms. finalized in January 2012. See 77 FR located in section 4.2.1 of appendix A Lynn C. Jeka, CRSP Manager, Colorado 3359. Among other things, the notice to to subpart B of 10 CFR part 430, as that final rule addressed comments River Storage Project Management adopted in DOE’s final rule dated Center, Western Area Power responding to the earlier Samsung January 25, 2012 (77 FR 3559). petitions that were the subject of the Administration, 150 East Social Hall (4) Representations. Samsung may Avenue, Suite 300, Salt Lake City, UT previous waiver, as well as the interim make representations about the energy final rule that had previously been 84111–1580, (801) 524–6372, email: use of its refrigerator-freezer products [email protected], or Mr. Rodney Bailey, issued. See 75 FR 78809 (Dec. 16, 2010). for compliance, marketing, or other The alternate test procedure that Power Marketing Manager, Colorado purposes only to the extent that such River Storage Project Management Samsung has requested permission to products have been tested in accordance use as part of its waiver petition is, as Center, Western Area Power with the provisions outlined above and Administration, 150 East Social Hall with its prior waiver petitions noted such representations fairly disclose the above, identical to the test procedure Avenue, Suite 300, Salt Lake City, UT results of such testing. 84111–1580, (801) 524–4007, email: provisions for products with long-time (5) This waiver shall remain in effect or variable defrost DOE adopted in the [email protected]. consistent with the provisions of 10 CFR SUPPLEMENTARY INFORMATION: By final test procedure rule that 430.27(m). manufacturers will be required to use Delegation Order No. 00–037.00A, the (6) This waiver is issued on the starting in 2014. Secretary of Energy delegated: (1) The condition that the statements, Because the currently applicable test authority to develop power and representations, and documentary transmission rates to Western’s procedure found in 10 CFR part 430, materials provided by the petitioner are subpart B, appendix A1 cannot be used Administrator; (2) the authority to valid and accurate. DOE may revoke or confirm, approve, and place in effect to test the basic models at issue or modify this waiver at any time if it would otherwise lead to materially such rates on an interim basis to the determines the factual basis underlying Deputy Secretary of the Department of inaccurate results, DOE previously the petition for waiver is incorrect, or granted a waiver to Samsung for other Energy; and (3) the authority to confirm the results from the alternate test and approve on a final basis or to basic models incorporating multiple procedure are unrepresentative of the defrost technology. See 77 FR 1474, 77 disapprove rates developed by the basic models’ true energy consumption Administrator under the delegation to FR 75428, 78 FR 35901, 78 FR 35898, characteristics. and 78 FR 65623. DOE has determined the Federal Energy Regulatory (7) This waiver applies only to those that it is desirable to have similar basic Commission (FERC). This extension is basic models set out in Samsung’s models, such as those addressed by the issued pursuant to the Delegation Order September 23, 2013 petition for waiver. Samsung petition addressed in this and DOE rate extension procedures at Grant of this waiver does not release a notice, tested in a consistent manner 10 CFR 903.23(a). petitioner from the certification The Falcon and Amistad Dams are and is adopting the same approach laid requirements set forth at 10 CFR part features of international water storage out in its prior decision by permitting 429. projects located on the Rio Grande River Samsung to use the alternate test between Texas and Mexico. Under the procedure specified in this Decision and Issued in Washington, DC, on February 12, terms of Contract No. 7–07–50–P0890 Order. 2014. Kathleen B. Hogan, (Contract), dated August 9, 1977, as III. Consultations With Other Agencies Deputy Assistant Secretary for Energy amended, Western marketed the power DOE consulted with the Federal Trade Efficiency, Energy Efficiency and Renewable from these dams to two electric Commission (FTC) staff concerning the Energy. cooperatives, South Texas Electric Samsung petition for waiver. The FTC [FR Doc. 2014–03694 Filed 2–20–14; 8:45 am] Cooperative, Inc., and Medina Electric Cooperative. The power rate formula of staff did not have any objections to BILLING CODE 6450–01–P granting a waiver to Samsung. the Contract was initially approved by the Federal Power Commission, IV. Conclusion DEPARTMENT OF ENERGY predecessor to FERC, in Docket No. E– After careful consideration of all the 9566 on August 12, 1977 (59 FPC 1653), material submitted by Samsung and Western Area Power Administration for a 5-year period effective on the date consultation with the FTC staff, it is of initial operation of Amistad Power Falcon and Amistad Projects’ Rate Plant, June 8, 1983.1 ordered that: Order No. WAPA–164 (1) The petitions for waiver submitted 1 A 5-year rate extension of this same rate formula by the Samsung Electronics America, AGENCY: Western Area Power through June 7, 1993, was approved by FERC on Inc. (Case No. RF–034) are hereby Administration (Western), DOE. Continued

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According to article 9(a) of the comments on EISs issued by other Revision to FR Notice Published 01/ Contract, Western calculates the annual Federal agencies. EPA’s comment letters 11/2013; Officially Withdrawn by installment to be paid by the customer on EISs are available at: http:// preparing agency. for the power generated at the Falcon www.epa.gov/compliance/nepa/ EIS No. 20130340, Draft EIS, USFS, AZ, and Amistad power plants. The annual eisdata.html. PROGRAMMATIC—Revision of the installment is adjusted on or before EIS No. 20140039, Draft EIS, FERC, NY, Coronado National Forest Land and August 31 of the year preceding the Constitution Pipeline and Wright Resource Management Plan, Comment fiscal year to which it pertains and Interconnect Projects, Comment Period Ends: 03/06/2014, Contact: Western identifies this amount in a Period Ends: 04/07/2014, Contact: Yolynda Begay 520–388–8370 revised Exhibit A to the Contract. Each Kevin Bowman 202–502–6287 annual installment pays the annual EIS No. 20140040, Draft Supplement, Revision to FR Notice Published 11/ amortized portion of the United States’ BLM, AK, Alpine Satellite 22/2013; Extending Comment Period investment in the Falcon and Amistad Development Plan GMT1 from 02/20/2014 to 03/06/2014. hydroelectric facilities with interest and Development Project, Comment EIS No. 20130365, Draft EIS, NMFS, CA, the associated operation, maintenance, Period Ends: 04/21/2014, Contact: Bay Delta Conservation Plan, and administrative costs. This Bridget Psarianos 907–271–4208 Comment Period Ends: 06/13/2014, repayment schedule is not dependent EIS No. 20140041, Draft EIS, NRC, MO, Contact: Ryan Wulff 916–930–3733 upon the power and energy made Generic—Renewal of Nuclear Plants, Revision to the FR Notice Published available for sale or the rate of Supplement 51, Regarding Callaway 12/13/2013; Extending Comment Period generation each year. Plant, Unit 1, Comment Period Ends: from 4/14/2014 to 06/13/2014. Thirty days after this notice is 04/07/2014, Contact: Carmen Fells published, Western will take further 301–415–6337 Dated: February 18, 2014. action on the proposed formula rate EIS No. 20140042, Final EIS, BIA, MT, Cliff Rader, extension for the Falcon and Amistad Proposed Strategies to Benefit Native Director, NEPA Compliance Division, Office Projects, pursuant to the Delegation Species by Reducing the Abundance of Federal Activities. Order and DOE rate extension of Lake Trout in Flathead Lake, [FR Doc. 2014–03726 Filed 2–20–14; 8:45 am] procedures at 10 CFR 903.23(a). Review Period Ends: 03/24/2014, BILLING CODE 6560–50–P Dated: February 4, 2014. Contact: Barry Hansen 406–883–2888 Mark A. Gabriel, EIS No. 20140043, Draft EIS, AFS, UT, Administrator. Energy Gateway South Transmission [FR Doc. 2014–03696 Filed 2–20–14; 8:45 am] Project, Comment Period Ends: 05/22/ FEDERAL COMMUNICATIONS BILLING CODE 6450–01–P 2014, Contact: Kenton Call 435–865– COMMISSION 3730 EIS No. 20140044, Draft EIS, USACE, Sunshine Act Meeting; Open Commission Meeting; Thursday, ENVIRONMENTAL PROTECTION WA, Skokomish River Ecosystem February 20, 2014 AGENCY Restoration, Comment Period Ends: 04/14/2014, Contact: Nancy C. [ER–FRL–9013–6] Gleason 206–764–6577 Date: February 12, 2014. EIS No. 20140045, Draft EIS, BLM, WY, The Federal Communications Environmental Impact Statements; Energy Gateway South Transmission Commission will hold an Open Meeting Notice of Availability Project and Land-use Plan on the subjects listed below on Responsible Agency: Office of Federal Amendments, Comment Period Ends: Thursday, February 20, 2014. The Activities, General Information (202) 05/22/2014, Contact: Tamara Gertsch meeting is scheduled to commence at 564–7146 or http://www.epa.gov/ 307–775–6115 10:30 a.m. in Room TW–C305, at 445 12th Street SW., Washington, DC. The compliance/nepa/. Amended Notices Weekly receipt of Environmental Impact Commission is waiving the sunshine Statements. EIS No. 20130001, Draft EIS, BIA, CA, period prohibition contained in Section Filed 02/10/2014 Through 02/14/2014, WITHDRAWN—Shu’Luuk Wind 1.1203 of the Commission’s rules, 47 Pursuant to 40 CFR 1506.9. Project, Campo Indian Reservation, CFR 1.1203, until 11:59 p.m. on Lease Approval, San Diego County, Tuesday, February 18, 2014. Thus, Notice CA, Comment Period Ends: 02/25/ presentations with respect to the items Section 309(a) of the Clean Air Act 2013, Contact: Lenore Lamb 951–276– listed below will be permitted until that requires that EPA make public its 6625 ext. 254 time.

Item No. Bureau Subject

1 ...... CONSUMER & GOVERNMENTAL AF- TITLE: Closed Captioning of Video Programming (CG Docket No. 05–231); Tele- FAIRS AND MEDIA. communications for the Deaf and Hard of Hearing, Inc. Petition for Rulemaking. SUMMARY: The Commission will consider a Report and Order, Declaratory Rul- ing, and Further Notice of Proposed Rulemaking that addresses the quality and technical compliance of closed captioning on television programming to ensure that video programming is fully accessible to individuals who are deaf and hard of hearing.

July 20, 1988, at 44 FERC ¶ 62,058. Subsequent 5- approved by FERC. The most recent approval was 000, which approved the same rate formula through year extensions of the rate formula have been on December 17, 2009, in Docket No. EF09–5101– June 7, 2014 (129 FERC ¶ 62,206).

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Item No. Bureau Subject

2 ...... PUBLIC SAFETY AND HOMELAND SE- TITLE: Wireless E911 Location Accuracy Requirements (PS Docket No. 07–114). CURITY. SUMMARY: The Commission will consider a Third Notice of Proposed Rule- making to ensure that accurate caller location information is automatically provided to public safety officials for all wireless calls to 911, including indoor calls, to meet consumer and public safety needs and expectations, and to take advantage of new technological developments.

* * * * * Consent Agenda consent agenda and these items will not The Commission will consider the be presented individually: following subjects listed below as a

Item No. Bureau Subject

1 ...... MEDIA ...... TITLE: Golden Gulf Coast Broadcasting, Inc., Assignor and Capstar TX Limited Partnership, Assignee, Applications for Assignment and Renewal of License of WQYZ(FM), Ocean Springs, Mississippi. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by WJZD, Inc. seeking review of a decision by the Media Bureau. 2 ...... MEDIA ...... TITLE: Jet Fuel Broadcasting Application for a New AM Broadcast Station at Or- chard Homes, MT and Bott Communications, Inc. Application for a New AM Broadcast Station at Black Hawk, South Dakota. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Jet Fuel Broadcasting seeking review of a decision by the Media Bureau. 3 ...... MEDIA ...... TITLE: Jet Fuel Broadcasting Application for a New AM Broadcast Station at Lolo, MT and RAMS III Application for a New AM Broadcast Station at Springville, Utah. SUMMARY: The Commission will consider a Memorandum Opinion and Order concerning an Application for Review filed by Jet Fuel Broadcasting seeking review of a decision by the Media Bureau.

The meeting site is fully accessible to and Printing, Inc. (202) 488–5300; Fax questions posed for comment, the FDIC people using wheelchairs or other (202) 488–5563; TTY (202) 488–5562. has determined that an extension of the mobility aids. Sign language These copies are available in paper comment period for an additional 30- interpreters, open captioning, and format and alternative media, including day period to March 20, 2014, is assistive listening devices will be large print/type; digital disk; and audio appropriate. This action will allow provided on site. Other reasonable and video tape. Best Copy and Printing, interested persons additional time to accommodations for people with Inc. may be reached by email at FCC@ analyze the SPOE Strategy and prepare disabilities are available upon request. BCPIWEB.com. their comments. In your request, include a description of Federal Communications Commission. DATES: Comments must be received on the accommodation you will need and Gloria J. Miles, or before March 20, 2014. a way we can contact you if we need ADDRESSES: You may submit comments more information. Last minute requests Federal Register Liaison, Office of the Secretary, Office of Managing Director. by any of the following methods: will be accepted, but may be impossible • [FR Doc. 2014–03753 Filed 2–19–14; 11:15 am] Agency Web site: http:// to fill. Send an email to: [email protected] www.fdic.gov/regulations/laws/federal. BILLING CODE 6712–01–P or call the Consumer & Governmental Follow the instructions for submitting Affairs Bureau at 202–418–0530 (voice), comments on the Agency Web site. 202–418–0432 (tty). • Email: [email protected]. Additional information concerning FEDERAL DEPOSIT INSURANCE Include ‘‘Single Point of Entry Strategy’’ this meeting may be obtained from CORPORATION in the subject line of the message. Meribeth McCarrick, Office of Media • Resolution of a Systemically Important Mail: Robert E. Feldman, Executive Relations, (202) 418–0500; TTY 1–888– Financial Institution: The Single Point Secretary, Attention: Comments, Federal 835–5322. Audio/Video coverage of the of Entry Strategy Deposit Insurance Corporation, 550 17th meeting will be broadcast live with Street NW., Washington, DC 20429 open captioning over the Internet from AGENCY: Federal Deposit Insurance • Hand Delivery/Courier: Guard the FCC Live Web page at www.fcc.gov/ Corporation (FDIC). station at the rear of the 550 17th Street live. ACTION: Notice; extension of comment Building (located on F Street) on For a fee this meeting can be viewed period. business days between 7 a.m. and 5 p.m. live over George Mason University’s (EST). Capitol Connection. The Capitol SUMMARY: On December 18, 2013, the • Federal eRulemaking Portal: http:// Connection also will carry the meeting FDIC published in the Federal Register www.regulations.gov. Follow the live via the Internet. To purchase these for public comment the Resolution of instructions for submitting comments. services call (703) 993–3100 or go to Systemically Important Financial Public Inspection: All comments www.capitolconnection.gmu.edu. Institutions: The Single Point of Entry received will be posted without change Copies of materials adopted at this Strategy (the ‘‘SPOE Strategy’’). To to http://www.fdic.gov/regulations/laws/ meeting can be purchased from the allow the public more time to consider federal including any personal FCC’s duplicating contractor, Best Copy the SPOE Strategy and the issues and information provided. Comments may

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be inspected and photocopied in the FEDERAL RESERVE SYSTEM Estimated average hours per response: FDIC Public Information Center, 3501 FR Y–11 (quarterly): 6.8; FR Y–11 North Fairfax Drive, Room E–1002, Agency Information Collection (annually): 6.8; FR Y–11S: 1. Arlington, VA 22226, between 9 a.m. Activities: Announcement of Board Number of respondents: FR Y–11 and 5 p.m. (EST) on business days. Approval Under Delegated Authority (quarterly): 409; FR Y–11 (annually): Paper copies of public comments may and Submission to OMB 203; FR Y–11S: 255. be ordered from the Public Information General description of report: This AGENCY: Board of Governors of the information collection is mandatory (12 Center by telephone at (877) 275–3342 Federal Reserve System. U.S.C. 1844(c)). Overall, the Federal or (703) 562–2200. SUMMARY: Notice is hereby given of the Reserve does not consider these data to FOR FURTHER INFORMATION CONTACT: final approval of proposed information be confidential. However, a respondent FDIC: Office of Complex Financial collections by the Board of Governors of may request confidential treatment Institutions: Herbert Held, Associate the Federal Reserve System (Board) pursuant to sections (b)(4), (b)(6), and Director, Systemic Resolutions & Policy under OMB delegated authority, as per (b)(8) of the Freedom of Information Act Implementation Group, Resolution 5 CFR 1320.16 (OMB Regulations on (5 U.S.C. 552(b)(4), (b)(6), (b)(8)). The Strategy & Implementation Branch (202) Controlling Paperwork Burdens on the applicability of these exemptions would 898–7329; Rose Kushmeider, Acting Public). Board-approved collections of need to be determined on a case-by-case Assistant Director, Systemic Resolutions information are incorporated into the basis. official OMB inventory of currently Abstract: The FR Y–11 reporting & Policy Implementation Group, Policy forms collect financial information for Section (202) 898–3861; Legal Division: approved collections of information. Copies of the Paperwork Reduction Act individual non-functionally regulated R. Penfield Starke, Assistant General U.S. nonbank subsidiaries of domestic Counsel, Receivership Section, Legal Submission, supporting statements and approved collection of information holding companies (i.e., bank holding Division (703) 562–2422; Elizabeth companies, savings and loan holding Falloon, Supervisory Counsel, instrument(s) are placed into OMB’s public docket files. The Federal Reserve companies, and securities holding Receivership Policy Unit, Legal Division may not conduct or sponsor, and the companies). Holding companies file the (703) 562–6148. respondent is not required to respond FR Y–11 on a quarterly or annual basis or the FR Y–11S annually SUPPLEMENTARY INFORMATION: to, an information collection that has predominantly based on asset size The Resolution of Systemically been extended, revised, or implemented on or after October 1, 1995, unless it thresholds, and for the FR Y–11S, based Important Financial Institutions: The on an additional threshold related to the displays a currently valid OMB control Single Point of Entry Strategy (the percentage of consolidated assets of the number. ‘‘SPOE Strategy’’) was published in the top-tier organization. The FR Y–11 data Federal Register, 78 FR 76614 FOR FURTHER INFORMATION CONTACT: are used with other holding company (December 18, 2013). The FDIC Federal Reserve Board Clearance data to assess the condition of holding developed the SPOE Strategy to Officer—Cynthia Ayouch—Office of the companies that are heavily engaged in implement its authority under Title II of Chief Data Officer, Board of Governors nonbanking activities and to monitor the Dodd-Frank Wall Street Reform and of the Federal Reserve System, the volume, nature, and condition of Consumer Protection Act. The FDIC Washington, DC 20551 (202) 452–3829. their nonbanking operations. sought comment on all aspects of the Telecommunications Device for the Deaf Current actions: On December 11, (TDD) users may contact (202) 263– SPOE Strategy and requested that 2013, the Federal Reserve published a 4869, Board of Governors of the Federal commenters respond to numerous notice in the Federal Register (78 FR Reserve System, Washington, DC 20551. 75346) requesting public comment for questions. The proposed publication OMB Desk Officer—Shagufta 60 days on the proposal to renew, with stated that the public comment period Ahmed—Office of Information and revision, the FR Y–11 and FR Y–11S. would close after 60 days, on February Regulatory Affairs, Office of The comment period for this notice 18, 2014. Management and Budget, New expired on February 10, 2014. The The FDIC has received requests from Executive Office Building, Room 10235, Federal Reserve received one comment the public for an extension of the 725 17th Street NW., Washington, DC letter of support from a banking comment period. The FDIC believes that 20503. organization. The revisions will be the additional time will facilitate public Final approval under OMB delegated implemented as proposed. comment on the SPOE Strategy and the authority of the extension for three In addition, the Federal Reserve questions posed by the FDIC. Therefore, years, with revision, of the following initially proposed clarifying the FR Y– the FDIC is extending the comment reports: 11 and FR Y–11S instructions as to period to March 20, 2014. 1. Report title: Financial Statements of when these reports must be filed if a U.S. Nonbank Subsidiaries of U.S. subsidiary is divested or liquidated. Dated at Washington, DC, this 18th day of However, after further consideration, February, 2014. Holding Companies and the Abbreviated Financial Statements of the Federal Reserve will not include this Federal Deposit Insurance Corporation. U.S. Nonbank Subsidiaries of U.S. clarification due to potential data gaps Robert E. Feldman, Holding Companies. that may affect the Federal Reserve’s ability to carry out supervisory, Executive Secretary. Agency form number: FR Y–11 and regulatory, and other public policy [FR Doc. 2014–03692 Filed 2–20–14; 8:45 am] FR Y–11S. responsibilities. BILLING CODE 6741–01–P OMB control number: 7100–0244. 2. Report title: Financial Statements of Frequency: Quarterly and annually. Foreign Subsidiaries of U.S. Banking Reporters: Holding companies. Organizations and the Abbreviated Estimated annual reporting hours: FR Financial Statements of Foreign Y–11 (quarterly): 11,125; FR Y–11 Subsidiaries of U.S. Banking (annually): 1,380; FR Y–11S: 255. Organizations.

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Agency form number: FR 2314 and FR In addition, the Federal Reserve 7N and FR Y–7NS instructions as to 2314S. initially proposed clarifying the FR 2314 when these reports must be filed if a OMB control number: 7100–0073. and FR 2314S instructions as to when subsidiary is divested or liquidated. Frequency: Quarterly and annually. these reports must be filed if a However, after further consideration, Reporters: U.S. state member banks, subsidiary is divested or liquidated. the Federal Reserve will not include this holding companies, and Edge or However, after further consideration, clarification due to potential data gaps agreement corporations. the Federal Reserve will not include this that may affect the Federal Reserve’s Estimated annual reporting hours: FR clarification due to potential data gaps ability to carry out supervisory, 2314 (quarterly): 14,546; FR 2314 that may affect the Federal Reserve’s regulatory, and other public policy (annually): 1,452; FR 2314S: 308. ability to carry out supervisory, responsibilities. Estimated average hours per response: regulatory, and other public policy Final approval under OMB delegated FR 2314 (quarterly): 6.6; FR 2314 responsibilities. authority of the extension for three (annually): 6.6; FR 2314S: 1. 3. Report title: Financial Statements of years, without revision, of the following Number of respondents: FR 2314 U.S. Nonbank Subsidiaries Held by reports: (quarterly): 551; FR 2314 (annually): Foreign Banking Organizations and the 1. Report title: Capital and Asset 220; FR 2314S: 308. Abbreviated Financial Statements of Report for Foreign Banking General description of report: This U.S. Nonbank Subsidiaries Held by Organizations. information collection is mandatory (12 Foreign Banking Organizations. Agency form number: FR Y–7Q. U.S.C. 324, 602, 625, 1844(c)). Overall, Agency form number: FR Y–7N, FR OMB control number: 7100–0125. the Federal Reserve does not consider Y–7NS. Frequency: Quarterly and annually. Reporters: FBOs. these data to be confidential. However, OMB control number: 7100–0125. Estimated annual reporting hours: FR a respondent may request confidential Frequency: Quarterly and annually. Reporters: Foreign bank organizations Y–7Q (quarterly): 545; FR Y–7Q treatment pursuant to sections (b)(4), (FBOs). (annually): 43. (b)(6), and (b)(8) of the Freedom of Estimated annual reporting hours: FR Estimated average hours per response: Information Act (5 U.S.C. 552(b)(4), Y–7N (quarterly): 4,978; FR Y–7N FR Y–7Q (quarterly): 1.25; FR Y–7Q (b)(6), (b)(8)). The applicability of these (annually): 660; FR Y–7NS: 93. (annually): 1. exemptions would need to be Estimated average hours per response: Number of respondents: FR Y–7Q determined on a case-by-case basis. FR Y–7N (quarterly): 6.8; FR Y–7N (quarterly): 109; FR Y–7Q (annually): Abstract: The FR 2314 reporting forms (annually): 6.8; FR Y–7NS: 1. 43. collect financial information for non- Number of respondents: FR Y–7N General description of report: This functionally regulated direct or indirect (quarterly): 183; FR Y–7N (annually): information collection is mandatory (12 foreign subsidiaries of U.S. state 97; FR Y–7NS: 93. U.S.C. 1844(c), 3106(c) and 3108)). member banks (SMBs), Edge and General description of report: This Overall, the Federal Reserve does not agreement corporations, and holding information collection is mandatory (12 consider these data to be confidential. companies (i.e., bank holding U.S.C. 1844(c), 3106(c) and 3108)). However, individual respondents may companies, savings and loan holding Overall, the Federal Reserve does not request confidential treatment for any of companies, and securities holding consider these data to be confidential. these reports pursuant to sections (b)(4) companies). Parent organizations However, individual respondents may and (b)(6) of the Freedom of Information (SMBs, Edge and agreement request confidential treatment for any of Act (5 U.S.C. 522(b)(4) and (b)(6)). The corporations, or holding companies) file these reports pursuant to sections (b)(4) applicability of these exemptions would the FR 2314 on a quarterly or annual and (b)(6) of the Freedom of Information need to be determined on a case-by-case basis or the FR 2314S annually based Act (5 U.S.C. 522(b)(4) and (b)(6)). The basis. predominantly on asset size thresholds, applicability of these exemptions would Abstract: The FR Y–7Q collects and for the FR 2314S, based on an need to be determined on a case-by-case consolidated regulatory capital additional threshold related to the basis. information from all FBOs either percentage of consolidated assets of the Abstract: The FR Y–7N and FR Y– quarterly or annually. FBOs that have top-tier organization. The FR 2314 data 7NS collect financial information for effectively elected to become FHCs file are used to identify current and non-functionally regulated U.S. the FR Y–7Q quarterly, and effective potential problems at the foreign nonbank subsidiaries held by FBOs March 31, 2014, FBOs with total subsidiaries of U.S. parent companies, other than through a U.S. bank holding consolidated worldwide assets of $50 to monitor the activities of U.S. banking company (BHC), U.S. financial holding billion or more will file the FR Y–7Q organizations in specific countries, and company (FHC), or U.S. bank. FBOs file quarterly. All other FBOs file the FR Y– to develop a better understanding of the FR Y–7N quarterly or annually or 7Q annually. activities within the industry, in the FR Y–7NS annually predominantly Current actions: On December 11, general, and of individual institutions, based on asset size thresholds. 2013, the Federal Reserve published a in particular. Current actions: On December 11, notice in the Federal Register (78 FR Current actions: On December 11, 2013, the Federal Reserve published a 75346) requesting public comment for 2013, the Federal Reserve published a notice in the Federal Register (78 FR 60 days on the proposal to renew, notice in the Federal Register (78 FR 75346) requesting public comment for without revision, the FR Y–7Q. The 75346) requesting public comment for 60 days on the proposal to renew, with comment period for this notice expired 60 days on the proposal to renew, with revision, the FR Y–7N and FR Y–7NS. on February 10, 2014. The Federal revision, the FR 2314 and FR 2314S. The comment period for this notice Reserve did not receive any comments. The comment period for this notice expired on February 10, 2014. The 2. Report title: Consolidated Report of expired on February 10, 2014. The Federal Reserve did not receive any Condition and Income for Edge and Federal Reserve received one comment comments. The revisions will be Agreement Corporations. letter of support from a banking implemented as proposed. Agency form number: FR 2886b. organization. The revisions will be In addition, the Federal Reserve OMB control number: 7100–0086. implemented as proposed. initially proposed clarifying the FR Y– Frequency: Quarterly.

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Reporters: Edge and agreement maintained for law enforcement notices are set forth in paragraph 7 of corporations and investment purposes under the Patriot Act, may be the Act (12 U.S.C. 1817(j)(7)). (nonbanking) Edge and agreement exempt from disclosure pursuant to The notices are available for corporations. exemption 7(C) of FOIA (5 U.S.C. immediate inspection at the Federal Estimated annual reporting hours: 552(b)(7)(C)). Lastly, the language Reserve Bank indicated. The notices Banking: Edge and agreement indicating that the Emergency Contact also will be available for inspection at corporations (quarterly): 424; Banking: information will not be released to the the offices of the Board of Governors. Edge and agreement corporations public will be removed. Interested persons may express their (annually): 15; Investment: Edge and Abstract: The FR 2886b comprises a views in writing to the Reserve Bank agreement corporations (quarterly): balance sheet, income statement, two indicated for that notice or to the offices 1,114; Investment: Edge and agreement schedules reconciling changes in capital of the Board of Governors. Comments corporations (annually): 115. and reserve accounts, and 11 supporting must be received not later than March Estimated average hours per response: schedules. The reporting form parallels 10, 2014. Banking: Edge and agreement the Consolidated Reports of Condition A. Federal Reserve Bank of Dallas (E. corporations (quarterly): 15.15; Banking: and Income (Call Report) (FFIEC 031 Ann Worthy, Vice President) 2200 Edge and agreement corporations and FFIEC 041; OMB No. 7100–0036) North Pearl Street, Dallas, Texas 75201– (annually): 15.15; Investment: Edge and that commercial banks file and the 2272: agreement corporations (quarterly): 9.6; Consolidated Financial Statements for 1. Mary Ruth Ellis, individually and Investment: Edge and agreement Holding Companies (FR Y–9C; OMB No. as Executrix of the Estate of Norman corporations (annually): 9.6. 7100–0128) filed by large holding Ellis, North Richland Hills, Texas; David Number of respondents: Banking: companies. Except for examination W. Ellis, and Duncan J. Ellis, both of Edge and agreement corporations reports, it provides the only financial Richland Hills, Texas; and Deana (quarterly): 7; Banking: Edge and data available for these corporations. Hoffman, North Richland Hills, Texas; agreement corporations (annually): 1; The Federal Reserve is solely to acquire voting shares of Wills Point Investment: Edge and agreement responsible for authorizing, supervising, Financial Corporation, and thereby corporations (quarterly): 29; Investment: and assigning ratings to Edge and indirectly acquire additional voting Edge and agreement corporations agreement corporations. The Federal shares of Citizens National Bank, both (annually): 12. Reserve uses the data collected on the in Wills Point, Texas. General description of report: This FR 2886b to identify present and Board of Governors of the Federal Reserve information is mandatory (12 U.S.C. potential problems and monitor and System, February 18, 2014. 602, 625). In addition, with respect to develop a better understanding of Michael J. Lewandowski, the contact information collected in the activities within the industry. Most Associate Secretary of the Board. Patriot Act Contact Information section, Edge corporations are wholly owned by [FR Doc. 2014–03687 Filed 2–20–14; 8:45 am] the Board’s regulation’s (12 CFR Part U.S. banks or holding companies and 211.5(m)) instruct Edge and agreement are consolidated into the financial BILLING CODE 6210–01–P corporations to comply with the statements of their parent organizations. information sharing regulations that the However, eight banking Edge FEDERAL RESERVE SYSTEM Department of the Treasury issued corporations are owned by foreign banks pursuant to Section 314(a) of the USA or nonbanking organizations. Formations of, Acquisitions by, and Patriot Act of 2001, Pub L 107–56, 115 Current actions: On December 11, Mergers of Bank Holding Companies Stat. 307 (31 U.S.C. 5318(h)); and 2013, the Federal Reserve published a implemented at 31 CFR Part notice in the Federal Register (78 FR The companies listed in this notice 1010.520(b). 75346) requesting public comment for have applied to the Board for approval, For Edge corporations engaged in 60 days on the proposal to renew, pursuant to the Bank Holding Company banking, current Schedules RC–M (with without revision, the FR 2886b. The Act of 1956 (12 U.S.C. 1841 et seq.) the exception of item 3) and RC–V are comment period for this notice expired (BHC Act), Regulation Y (12 CFR Part held confidential pursuant to Section on February 10, 2014. The Federal 225), and all other applicable statutes (b)(4) of the Freedom of Information Act Reserve did not receive any comments. and regulations to become a bank (5 U.S.C. 552(b)(4)). For investment holding company and/or to acquire the Edge corporations, only information Board of Governors of the Federal Reserve assets or the ownership of, control of, or System, February 18, 2014. collected on Schedule RC–M (with the the power to vote shares of a bank or exception of item 3) are given Robert deV. Frierson, bank holding company and all of the confidential treatment pursuant to Secretary of the Board. banks and nonbanking companies Section (b)(4) of the FOIA (5 U.S.C. [FR Doc. 2014–03706 Filed 2–20–14; 8:45 am] owned by the bank holding company, 552(b)(4)). BILLING CODE 6210–01–P including the companies listed below. In addition, the information provided The applications listed below, as well in the Patriot Act Contact Information as other related filings required by the section may be withheld as confidential FEDERAL RESERVE SYSTEM Board, are available for immediate under FOIA to prevent unauthorized Change in Bank Control Notices; inspection at the Federal Reserve Bank individuals from falsely posing as an Acquisitions of Shares of a Bank or indicated. The applications will also be institution’s point-of-contact in order to Bank Holding Company available for inspection at the offices of gain access to the highly sensitive and the Board of Governors. Interested confidential communications sent by The notificants listed below have persons may express their views in email between the Financial Crimes applied under the Change in Bank writing on the standards enumerated in Enforcement Network or federal law Control Act (12 U.S.C. 1817(j)) and the BHC Act (12 U.S.C. 1842(c)). If the enforcement officials and the Patriot Act § 225.41 of the Board’s Regulation Y (12 proposal also involves the acquisition of point-of-contact. The identity and CFR 225.41) to acquire shares of a bank a nonbanking company, the review also contact information of private or bank holding company. The factors includes whether the acquisition of the individuals, which is collected and that are considered in acting on the nonbanking company complies with the

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standards in section 4 of the BHC Act Dated: February 14, 2014. GSA’s implementation of (12 U.S.C. 1843). Unless otherwise James L. Atwater, salesforce.com. Information may be noted, nonbanking activities will be Director, Policy and Compliance Division. collected to meet the business conducted throughout the United States. Office of the Chief Information Officer. requirements of the application, site, group or instance. The new system will Unless otherwise noted, comments GSA/CEO–1 regarding each of these applications allow users to utilize the Salesforce must be received at the Reserve Bank SYSTEM NAME: application environment used by the indicated or the offices of the Board of GSA’s Customer Engagement GSA. Governors not later than March 20, Organization ROUTINE USES OF RECORDS MAINTAINED IN THE 2014. SYSTEM LOCATION: SYSTEM INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: A. Federal Reserve Bank of Dallas (E. The GSA Salesforce Customer Ann Worthy, Vice President) 2200 Engagement Organization is hosted in a. To a Member of Congress or to a North Pearl Street, Dallas, Texas 75201– the salesforce.com cloud environment. Congressional staff member in response 2272: Some employees and contractors may to an inquiry of the Congressional office, made at the written request of the 1. A.N.B. Holding Company, Ltd., download and store information from this system. Those copies are located constituent about whom the record is Terrell, Texas; to acquire up to 38 maintained. percent of additional shares of The ANB within the employees’ or contractors’ offices or on encrypted workstations b. To the National Archives and Corporation, and thereby indirectly Records Administration (NARA) for acquire additional voting shares of The issued by GSA for individuals when they are out of the office. records management purposes. American National Bank of Texas, both c. To Agency contractors, grantees, in Terrell, Texas, Lakeside Bancshares, CATEGORIES OF INDIVIDUALS COVERED BY THE consultants, or experts who have been Inc., and Lakeside National Bank, both SYSTEM: engaged to assist the agency in the in Rockwall, Texas. The categories of individuals covered performance of a Federal duty to which Board of Governors of the Federal Reserve by this system are the public who the information is relevant. System, February 18, 2014. access, or are granted access to, specific d. To a Federal, State, local, foreign, minor applications in salesforce.com Michael J. Lewandowski, or tribal or other public authority, on environment in GSA; and individuals request, in connection with the hiring or Associate Secretary of the Board. collectively referred to as ‘‘GSA Users’’, retention of an employee, the issuance [FR Doc. 2014–03688 Filed 2–20–14; 8:45 am] which are GSA employed individuals or retention of a security clearance, the BILLING CODE 6210–01–P who require routine access to agency letting of a contract, or the issuance or information technology systems, retention of a license, grant, or other including federal employees, benefit, to the extent that the contractors, child care workers and information is relevant and necessary to GENERAL SERVICES other temporary workers with similar the requesting agency’s decision. ADMINISTRATION access requirements. The system does e. To the Office of Management and not apply to or contain occasional Budget (OMB) when necessary to the [Notice–CIB–2014–01; Docket No. 2014– visitors or short-term guests not cleared review of private relief legislation 0002; Sequence No. 1] for use under HSPD–12. pursuant to OMB circular No. A–19. CATEGORIES OF RECORDS IN THE SYSTEM: f. To designated Agency personnel for Privacy Act of 1974; Notice of an This system contains information the purpose of performing an authorized Updated System of Records needed for the functionality of specific audit or oversight evaluation. g. To the Office of Personnel minor applications that are developed AGENCY: General Services Management (OPM), the Office of for GSA’s implementation of the Administration. Customer Engagement Organization on Management and Budget (OMB), the Government Accountability Office ACTION: Notice. the salesforce.com platform. This system contains the following (GAO), or other Federal agencies when the information is required for program SUMMARY: GSA proposes to create a information: Full name. evaluation purposes. system of records subject to the Privacy h. To appropriate agencies, entities, Act of 1974, as amended, 5 U.S.C. 552a. Personal physical home address. Personal home or mobile phone. and persons when (1) the Agency DATES: March 24, 2014. Personal email addresses. suspects or has confirmed that the U.S. citizenship status. security or confidentiality of ADDRESSES: GSA Privacy Act Officer U.S. armed forces veteran status. information in the system of records has (ISP), General Services Administration, Current employer. been compromised; (2) the Agency has 1800 F Street NW., Washington, DC Optional links to social networking determined that as a result of the 20405. profiles. suspected or confirmed compromise Resume/CV. there is a risk of harm to economic or FOR FURTHER INFORMATION CONTACT: Call or email the GSA Privacy Act Officer: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: property interests, identity theft or fraud, or harm to the security or telephone 202–208–1317; email 5 U.S.C. 301; 40 U.S.C. 11315; 44 integrity of this system or other systems [email protected]. U.S.C. 3506; E.O. 9397, as amended; E- Government Act of 2002 (Pub. L. 107– or programs (whether maintained by SUPPLEMENTARY INFORMATION: GSA 347); and Homeland Security GSA or another agency or entity) that proposes to create a system of records Presidential Directive 12 (HSPD–12). rely upon the compromised subject to the Privacy Act of 1974, 5 information; (3) the disclosure made to U.S.C. 552a. The new system will allow PURPOSES: such agencies, entities, and persons is the public and GSA Users to utilize the For the functionality and use of reasonably necessary to assist in Salesforce application environment. specific minor applications within connection with GSA’s efforts to

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respond to the suspected or confirmed requirements of the National Archives Statement of Organization, Functions, compromise and prevent, minimize, or and Records Administration. and Delegations of Authority for the remedy such harm. Department of Health and Human SYSTEM MANAGER AND ADDRESS: i. In any criminal, civil or Services, Chapter AG, Office of the administrative legal proceeding, where Division Director for Business General Counsel (OGC), as last amended pertinent, to which GSA, a GSA Intelligence and Enterprise Information at 56 FR 47965, dated September 23, employee, or the United States or other Management (BI&EIM), 1800 F Street 1991 is being amended to reflect title entity of the United States Government NW., Washington, DC 20405. changes in several of its components. is a party before a court or NOTIFICATION PROCEDURE: The changes are as follows: administrative body. An individual can determine if this I. Under Chapter AG, Office of the j. To an appeal, grievance, hearing, or system contains a record pertaining to General Counsel, Section AG.18 complaints examiner; an equal him/her by sending a request in writing, ‘‘Divisions in the Office of the General employment opportunity investigator, signed, to the System Manager at the Counsel,’’ delete in its entirety and arbitrator, or mediator; and/or an above address. When requesting replace with the following: exclusive representative or other person notification of or access to records Section AG.18 Divisions in the Office authorized to investigate or settle a covered by this notice, an individual of the General Counsel. The Divisions of grievance, complaint, or appeal filed by should provide his/her full name, date the Office of the General Counsel are: • an individual who is the subject of the of birth, region/office, and work General Law Division (AGC) • record. location. An individual requesting Children, Families and Aging notification of records in person must Division (AGK) POLICIES AND PRACTICES FOR STORING, • RETRIEVING, ACCESSING, RETAINING AND provide identity documents sufficient to Ethics Division (AGE) • DISPOSING OF RECORDS IN THE SYSTEM: satisfy the custodian of the records that Food and Drug Division (AGF) • the requester is entitled to access. Public Health Division (AGH) STORAGE: • Legislation Division (AGL) Computer records are stored on a RECORD ACCESS PROCEDURES: • Centers for Medicare & Medicaid secure server and accessed over the Web Individuals wishing to access their Services Division (AGP) via encryption software. Paper records, own records should contact the system • Civil Rights Division (AGR) when created, are kept in file folders manager at the address above. II. Under Chapter AG, Office of the and cabinets in secure rooms. When General Counsel, Section AG.22 CONTESTING RECORD PROCEDURES: individuals download information it is ‘‘Divisions in the Office of the General kept on encrypted computers that are Rules for contesting the content of a Counsel,’’ make the following changes: accessed using PIV credentials. It is record and appealing a decision are 1. Retitle Paragraph #1, ‘‘Business and their responsibility to protect the data, contained in 41 CFR 105–64. Administrative Law Division,’’ to the including compliance with HCO 2180.1, RECORD SOURCE CATEGORIES: ‘‘General Law Division.’’ GSA Rules of Behavior for Handling 2. Delete Paragraph #3, ‘‘Inspector Personally Identifiable Information (PII). The sources for information in the system are the individuals about whom General Division,’’ in its entirety. RETRIEVABILITY: the records are maintained, the Dated: December 23, 2013. Records are retrievable by a supervisors of those individuals, E.J. Holland, Jr., combination of first name and last existing GSA systems, a sponsoring Assistant Secretary for Administration. name. Group records are retrieved by agency, a former sponsoring agency, [FR Doc. 2014–03725 Filed 2–20–14; 8:45 am] organizational code or other listed other Federal agencies, contract BILLING CODE 4150–26–P identifiers as configured in the employers, or former employers. application by the program office for [FR Doc. 2014–03658 Filed 2–20–14; 8:45 am] their program requirements. BILLING CODE 6820–14–P DEPARTMENT OF HEALTH AND HUMAN SERVICES SAFEGUARDS: Cloud systems are authorized to DEPARTMENT OF HEALTH AND Centers for Disease Control and operate separately by the GSA CIO at HUMAN SERVICES Prevention the moderate level. All GSA Users [Docket No. CDC–2012–0013] utilize two-factor authentication to Statement of Organization, Functions, access Google Apps and salesforce.com. and Delegations of Authority; Office of Draft Environmental Impact Statement Access is limited to authorized the General Counsel for the Roybal 2025 Master Plan; Re- individuals with passwords or keys. Scheduling of Public Meeting and AGENCY: Computer records are protected by a Office of the General Counsel, Extension of Public Comment Period password system that is compliant with HHS. National Institute of Standards and ACTION: Notice of title changes in agency AGENCY: Centers for Disease Control and Technology standards. Paper records are components. Prevention, HHS. stored in locked metal containers or in ACTION: Notice of public meeting and SUMMARY: secured rooms when not in use. This document announces the extension of public comment period. Information is released to authorized Office of the Secretary (OS)’s Statement officials based on their need to know. of Organization, Functions, and SUMMARY: The Centers for Disease Delegations of Authority for the Control and Prevention (CDC), within RETENTION AND DISPOSAL: Department of Health and Human the Department of Health and Human Records are retained and disposed of Services, Office of the General Counsel Services (HHS), announces the re- according to GSA records maintenance (OGC), is being amended to reflect title scheduling of a public meeting to obtain and disposition schedules, GSA Records changes in several of its components. public comment on the Roybal Campus Maintenance and Disposition System SUPPLEMENTARY INFORMATION: Part A, of 2025 Master Plan Draft Environmental (CIO P 1820.1), GSA 1820.2ADM, and the Office of the Secretary (OS)’s Impact Statement (DEIS) and the

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extension of the public comment period. March 20, 2014 at the CDC Edward R. support space, office space and A public meeting had been scheduled Roybal Campus, Tom Harkin Global personnel occupying the Roybal for Wednesday, January 29, 2014 but Communications Center (Building 19), Campus, and identifies a preferred had to be cancelled due to adverse Auditorium A, 1600 Clifton Road NE., alternative for future development. The weather conditions. The new date for Atlanta, GA 30333. Please be advised preferred alternative was the result of an the public hearing is Thursday, March that the meeting is being held in a extensive screening process, which 20, 2014. Federal government building; therefore, identified and evaluated a range of DATES: A public meeting will be held on Federal security measures are conceptual development alternatives Thursday, March 20, 2014 at the CDC applicable. For additional information based on future program needs, campus Edward R. Roybal Campus, 1600 Clifton please see Roybal Campus Security constraints, and specifically developed Road NE. in Atlanta, Georgia beginning Guidelines under SUPPLEMENTARY selection criteria. Selection criteria with an ‘‘open house’’ at 7:00 p.m. EST. INFORMATION. included the examination of regional A formal presentation, followed by a FOR FURTHER INFORMATION CONTACT: and local planning policy, utility public comment period will follow at George F. Chandler, Senior Advisor, demand, air quality, commute time, approximately 8:00 p.m. EST. Centers for Disease Control and transportation system capacity and To accommodate individuals who Prevention, 1600 Clifton Road NE., greenhouse gas effects. wish to attend the public meeting and Mailstop A–22, Atlanta, Georgia 30333. Alternatives Considered then provide comment, we are Telephone: (404) 639–5153. HHS/CDC analyzed two alternatives extending the public comment period to SUPPLEMENTARY INFORMATION: On in the DEIS: The Proposed Action and April 10, 2014. Written comments must January 10, 2014 HHS/CDC published a the No Action Alternative. The be received on or before that date. notice in the Federal Register (79 FR Proposed Action Alternative consists of Deadline for Requests for Special 1870) announcing the availability of the HHS/CDC’s implementation of the Accommodations: Persons wishing to Draft Environmental Impact Statement Master Plan preferred alternative. participate in the public meeting who (DEIS) for the Roybal Campus 2025 Improvements proposed under the need special accommodations should Master Plan for public comment. The Master Plan preferred alternative contact George Chandler ([email protected] notice also announced a public meeting include new laboratory construction, or (404) 639–5153) by Thursday, March on Wednesday, January 29, 2014 at the existing building renovation, parking 13, 2014. Roybal Campus in Atlanta, Georgia to expansion, and infrastructure upgrades. ADDRESSES: Requests for information on obtain public comment on the DEIS. Under the Master Plan preferred the DEIS or for a paper/electronic copy Unfortunately, HHS/CDC had to cancel alternative, the new laboratory building should be directed to: George F. the public meeting due to adverse would contain approximately 350,000 to Chandler, Senior Advisor, Centers for weather in Atlanta. This notice 450,000 gross square feet and would be Disease Control and Prevention, 1600 announces the re-scheduling of the constructed on an existing surface Clifton Road NE., Mailstop A–22, public meeting for Thursday, March 20, parking lot located in the eastern Atlanta, Georgia 30333. Information 2014 and extension of the public portion of the Roybal Campus. In may also be requested on the DEIS by comment period to Monday, April 10, addition to a new laboratory, a new electronic mail at [email protected] or by 2014. As before, the public hearing will approximately 1,600 space parking deck telephone at (404) 639–5153. The DEIS be held at CDC Edward R. Roybal would be constructed just south of the will be available on the Federal Campus, Tom Harkin Global new laboratory building. Construction eRulemaking Portal: http:// Communications Center (Building 19), of the new parking deck, along with the www.regulations.gov, identified by Auditorium A, 1600 Clifton Road NE., new laboratory and supporting Docket No. CDC–2012–0013. Hard Atlanta, GA 30333. infrastructure would eliminate an copies of the DEIS are also available for For the convenience of the public, in existing surface parking and result in a review at locations listed in the this notice we are again providing the net increase of approximately 1,200 Availability of the DEIS under same background information on this parking spaces at the Roybal Campus. SUPPLEMENTARY INFORMATION. project that appeared in the January 10, HHS/CDC anticipates that the You may submit comments identified 2014 notice. construction of the new parking deck by Docket No. CDC–2012–0013, by any HHS/CDC has prepared a new long- would increase the campus parking cap of the following methods: range Master Plan to guide the future from 3,300 to approximately 4,500 • Federal eRulemaking Portal: http:// physical development of the Roybal spaces. The employee population at the www.regulations.gov. Follow the Campus for the planning horizon of Roybal Campus is projected to increase instructions for submitting comments. 2015 to 2025. The previous 2000–2009 by approximately 1,485 new occupants • Mail: George F. Chandler, Senior Master Plan has been implemented, and under the Master Plan preferred Advisor, Centers for Disease Control and as a result, a new plan is needed in alternative in 2025. Prevention, 1600 Clifton Road NE., order to ensure that the campus can The No Action Alternative represents Mailstop A–22, Atlanta, Georgia 30333. support HHS/CDC’s mission and continued operation of the existing Instructions: All submissions received program requirements through 2025. facilities at the Roybal Campus without must include the agency name and Mission change and growth resulting any new construction or building Docket Number. All relevant comments from emerging or reemerging infectious additions over the ten-year planning received will be posted without change diseases, reclassification of pathogens period from 2015 to 2025. However, the to http://www.regulations.gov, including and potential Program staff growth over employee population at the Roybal any personal information provided. For time are expected to drive increases in Campus is projected to increase by access to the docket, to read background laboratory and non-laboratory staff and approximately 865 new occupants documents or comments received, go to demand for specialized space. The under the No Action Alternative due to http://www.regulations.gov. Master Plan provides an update of potential background growth of existing Written and verbal comments on the baseline existing conditions and Campus programs. DEIS will also be accepted during the examines the potential growth in agency The DEIS evaluates the environmental public meeting scheduled for Thursday, mission, laboratory and laboratory impacts that may result from the

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Proposed Action and the No Action followed by a formal public comment Evidence Development & Coverage Alternative on the natural and built period. Advisory Committee (MEDCAC) environment. Potential direct, indirect A stenographer will record the formal (‘‘Committee’’) will be held on and cumulative impacts of each portion of the public meeting. An Wednesday, April 30, 2014. The alternative are evaluated on the American Sign Language Interpreter Committee generally provides advice following resource categories: will also be available at both portions of and recommendations concerning the Socioeconomics, land use, zoning, the public hearing. A transcript of the adequacy of scientific evidence needed public policy, community facilities, meeting and all comments will be made to determine whether certain medical transportation, air quality, noise, available to the public and will be items and services can be covered under cultural resources, urban design and posted to the public docket at the Medicare statute. This meeting will visual resources, natural resources, www.regulations.gov, identified by focus on the use of low dose computed utilities, waste, and greenhouse gases Docket No. CDC–2012–0013. tomography (LDCT) screening for lung and sustainability. The DEIS identifies Roybal Campus Security Guidelines. cancer in adult smokers. This meeting is measures to mitigate potential adverse The HHS/CDC Edward R. Roybal open to the public in accordance with impacts. Campus is the headquarters of the U.S. the Federal Advisory Committee Act (5 Availability of the DEIS: Copies of the Centers for Disease Control and U.S.C. App. 2, section 10(a)). Prevention and is located at 1600 DEIS have been distributed to federal, DATES: Meeting Date: The public Clifton Road NE., Atlanta, Georgia. The state and local agencies and meeting will be held on Wednesday, public hearing is being held in a Federal organizations. The DEIS is also available April 30, 2014 from 7:30 a.m. until 4:30 government building; therefore, Federal online on the Federal eRulemaking p.m., Eastern Daylight Time (EDT). security measures are applicable. In Portal: http://www.regulations.gov, Deadline for Submission of Written planning your arrival time, please take identified by Docket No. CDC–2012– Comments: Written comments must be into account the need to park and clear 0013. Copies of the DEIS are available received at the address specified in the security. All visitors must enter the at the following locations: Decatur ADDRESSES section of this notice by 5 Roybal Campus through the entrance on Library, 215 Sycamore Street, Decatur, p.m., EDT, Monday, March 24, 2014. Clifton Road; the guard force will direct GA 30030; Toco Hill-Avis G. Williams Once submitted, all comments are final. visitors to the designated parking area. Library, 1282 McConnell Drive, Decatur, Deadlines for Speaker Registration Visitors must present government GA 30030; Atlanta-Public Library Ponce and Presentation Materials: The issued photo identification (e.g., a valid de Leon Branch, 980 Ponce de Leon deadline to register to be a speaker and Federal identification badge, state Ave. NE., Atlanta, GA 30306; Atlanta- to submit PowerPoint presentation driver’s license, state non-driver’s Public Library-Central Library, One materials and writings that will be used identification card, or passport). Non- Margaret Mitchell Square, Atlanta, GA in support of an oral presentation is 5:00 United States citizens must present a 30303; Atlanta-Public Library-Kirkwood p.m., EDT on Monday, March 24, 2014. valid passport, visa, Permanent Resident Branch, 11 Kirkwood Rd. NE., Atlanta, Speakers may register by phone or via Card, or other type of work GA 30317; and, Emory University- email by contacting the person listed in authorization document. All persons Robert W. Woodruff Library, 540 Asbury the FOR FURTHER INFORMATION CONTACT entering the building must pass through Cir, Atlanta, GA 30322. section of this notice. Presentation a metal detector. Visitors will be issued Paper and electronic copies can also materials must be received at the a visitor’s ID badge at the entrance to be requested as instructed in the address specified in the ADDRESSES Building 19 and will be escorted in ADDRESSES section of this notice. section of this notice. groups of 5 to 10 persons to the meeting Deadline for All Other Attendees Public Meeting: HHS/CDC has re- room. All items brought to HHS/CDC Registration: Individuals may register scheduled a public meeting on are subject to inspection. Thursday, March 20, 2014 at the HHS/ online at http://www.cms.gov/apps/ CDC Edward R. Roybal Campus, Tom Dated: February 14, 2014. events/upcomingevents.asp Harkin Global Communications Center Ron A. Otten, ?strOrderBy=1&type=3 or by phone by (Building 19), Auditorium A, 1600 Acting Deputy Associate Director for Science, contacting the person listed in the FOR Clifton Road NE., Atlanta, GA 30333 to Centers for Disease Control and Prevention. FURTHER INFORMATION CONTACT section of solicit public comments on the DEIS. [FR Doc. 2014–03659 Filed 2–20–14; 8:45 am] this notice by 5 p.m. EDT, Wednesday, Comments can be submitted in writing BILLING CODE 4163–18–P April 23, 2014. or verbally during the public meeting. We will be broadcasting the meeting The public meeting will consist of an live via Webcast at http://www.cms.gov/ ‘‘Open House’’ from 7:00 p.m. EST to DEPARTMENT OF HEALTH AND live/. approximately 8:00 p.m. EST, followed HUMAN SERVICES Deadline for Submitting a Request for by a formal presentation and a formal Special Accommodations: Persons Centers for Medicare & Medicaid comment period. Comment cards will attending the meeting who are hearing Services be available at the Open House for those or visually impaired, or have a who wish to submit written comments [CMS–3294–N] condition that requires special for the record. Those wishing to make assistance or accommodations, are verbal comments will be asked to pre- Medicare Program; Meeting of the asked to contact the Executive Secretary register during the Open House portion Medicare Evidence Development and as specified in the FOR FURTHER of the public meeting. The formal Coverage Advisory Committee—April INFORMATION CONTACT section of this presentations will begin at 30, 2014 notice no later than 5:00 p.m., EDT Friday, April 11, 2014. approximately 8:00 p.m. EST, at which AGENCY: Centers for Medicare & time HHS/CDC will provide an Medicaid Services (CMS), HHS. ADDRESSES: Meeting Location: The overview of the NEPA process and the ACTION: Notice of meeting. meeting will be held in the main Master Plan proposed improvements auditorium of the Centers for Medicare and associated environmental impacts. SUMMARY: This notice announces that a & Medicaid Services, 7500 Security The formal presentations will be public meeting of the Medicare Boulevard, Baltimore, MD 21244.

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Submission of Presentations and Committee. The list of research topics to complex or you will be notified that the Comments: Presentation materials and be discussed at the meeting will be seating capacity has been reached. written comments that will be presented available on the following Web site at the meeting must be submitted via prior to the meeting: http:// IV. Security, Building, and Parking email to MedCACpresentations@ www.cms.gov/medicare-coverage- Guidelines cms.hhs.gov or by regular mail to the database/indexes/medcac-meetings- This meeting will be held in a federal FOR FURTHER contact listed in the index.aspx?bc=BAAAAAAAAAAA&. government building; therefore, federal INFORMATION CONTACT section of this We require that you declare at the security measures are applicable. We notice by the date specified in the DATES meeting whether you have any financial recommend that confirmed registrants section of this notice. involvement with manufacturers (or arrive reasonably early, but no earlier FOR FURTHER INFORMATION CONTACT: their competitors) of any items or services being discussed. Speakers than 45 minutes prior to the start of the Maria Ellis, Executive Secretary for meeting, to allow additional time to MEDCAC, Centers for Medicare & presenting at the MEDCAC meeting clear security. Security measures Medicaid Services, Center for Clinical must include a full disclosure slide as include the following: Standards and Quality, Coverage and their second slide in their presentation Analysis Group, S3–02–01, 7500 for financial interests (for example, type • Presentation of government-issued Security Boulevard, Baltimore, MD of financial association—consultant, photographic identification to the 21244 or contact Ms. Ellis by phone research support, advisory board, and Federal Protective Service or Guard (410–786–0309) or via email at an indication of level, such as minor Service personnel. association <$10,000 or major [email protected]. • Inspection of vehicle’s interior and association >$10,000) as well as SUPPLEMENTARY INFORMATION: exterior (this includes engine and trunk intellectual conflicts of interest (for I. Background example, involvement in a federal or inspection) at the entrance to the grounds. Parking permits and MEDCAC, formerly known as the nonfederal advisory committee that has discussed the issue) that may pertain in instructions will be issued after the Medicare Coverage Advisory Committee vehicle inspection. (MCAC), provides advice and any way to the subject of this meeting. • recommendations to Centers for If you are representing an organization, Inspection, via metal detector or Medicare and Medicaid Services (CMS) we require that you also disclose other applicable means, of all persons regarding clinical issues. (For more conflict of interest information for that entering the building. We note that all information on MCAC, see the organization. If you do not have a items brought into CMS, whether December 14, 1998 Federal Register (63 PowerPoint presentation, you will need personal or for the purpose of FR 68780)). This notice announces the to present the full disclosure presentation or to support a Wednesday, April 30, 2014, public information requested previously at the presentation, are subject to inspection. meeting of the Committee. During this beginning of your statement to the We cannot assume responsibility for meeting, the Committee will discuss the Committee. coordinating the receipt, transfer, use of low dose computed tomography The Committee will deliberate openly transport, storage, set-up, safety, or (LDCT) screening for lung cancer in on the topics under consideration. timely arrival of any personal adult smokers. Interested persons may observe the belongings or items used for Background information about this deliberations, but the Committee will presentation or to support a topic, including panel materials, is not hear further comments during this presentation. available at http://www.cms.gov/ time except at the request of the medicare-coverage-database/indexes/ chairperson. The Committee will also Note: Individuals who are not registered in medcac-meetings-index.aspx? allow a 15-minute unscheduled open advance will not be permitted to enter the bc=BAAAAAAAAAAA&. We will no public session for any attendee to building and will be unable to attend the meeting. The public may not enter the longer be providing paper copies of the address issues specific to the topics building earlier than 45 minutes prior to the handouts for the meeting. Electronic under consideration. At the conclusion convening of the meeting. All visitors must copies of all the meeting materials will of the day, the members will vote and be escorted in areas other than the lower and be on the CMS Web site no later than the Committee will make its first floor levels in the Central Building. 2 business days before the meeting. recommendation(s) to CMS. II. Meeting Format III. Registration Instructions Authority: 5 U.S.C. App. 2, section 10(a). (Catalog of Federal Domestic Assistance This meeting is open to the public. CMS’ Coverage and Analysis Group is Program No. 93.773, Medicare—Hospital The Committee will hear oral coordinating meeting registration. While Insurance; and Program No. 93.774, presentations from the public for there is no registration fee, individuals Medicare—Supplementary Medical must register to attend. You may register approximately 45 minutes. Time Insurance Program). allotted for each presentation may be online at http://www.cms.gov/apps/ limited. If the number of registrants events/upcomingevents.asp Dated: February 18, 2014. requesting to speak is greater than can ?strOrderBy=1&type=3 or by phone by Patrick Conway, be reasonably accommodated during the contacting the person listed in the FOR Deputy Administrator for Innovation and scheduled open public hearing session, FURTHER INFORMATION CONTACT section of Quality and CMS Chief Medical Officer, we may conduct a lottery to determine this notice by the deadline listed in the Centers for Medicare & Medicaid Services. the speakers for the scheduled open DATES section of this notice. Please [FR Doc. 2014–03711 Filed 2–20–14; 8:45 am] public hearing session. The contact provide your full name (as it appears on BILLING CODE 4120–01–P person will notify interested persons your state-issued driver’s license), regarding their request to speak by address, organization, telephone, fax March 31, 2014. Your comments should number(s), and email address. You will focus on issues specific to the list of receive a registration confirmation with topics that we have proposed to the instructions for your arrival at the CMS

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION section for HUMAN SERVICES HUMAN SERVICES electronic access to the guidance document. Food and Drug Administration Food and Drug Administration Submit electronic comments on the guidance to http://www.regulations.gov. [Docket No. FDA–2011–D–0720] [Docket No. FDA–2013–N–0853] Submit written comments to the International Conference on Division of Dockets Management (HFA– Agency Information Collection Harmonisation; E2B(R3) Electronic 305), Food and Drug Administration, Activities; Announcement of Office of Transmission of Individual Case Safety 5630 Fishers Lane, Rm. 1061, Rockville, Management and Budget Approval; Reports; Data Elements and Message MD 20852. Current Good Manufacturing Practice; Specification; Appendix on Backwards FOR FURTHER INFORMATION CONTACT: Quality System Regulation and Forwards Compatibility; Regarding the guidance: Roger Goetsch, Availability Center for Drug Evaluation and AGENCY: Food and Drug Administration, Research, Food and Drug HHS. AGENCY: Food and Drug Administration, Administration, 10903 New Hampshire HHS. Ave., Bldg 22, Rm. 4491, Silver Spring, ACTION: Notice. ACTION: Notice. MD 20993–0002, 240–402–3730; or Lise Stevens, Center for Biologics Evaluation SUMMARY: The Food and Drug SUMMARY: The Food and Drug and Research (HFM–17), Food and Drug Administration (FDA) is announcing Administration (FDA) is announcing the Administration, 1401 Rockville Pike, that a collection of information entitled availability of a guidance for industry Suite 200N, Rockville, MD 20852–1448, ‘‘Current Good Manufacturing Practice entitled ‘‘E2B(R3) Electronic 301–827–2743, Regarding the ICH: (CGMP); Quality System (QS) Transmission of Individual Case Safety Michelle Limoli, Center for Drug Regulation’’ has been approved by the Reports (ICSRs): Implementation Evaluation and Research, International Office of Management and Budget Guide—Data Elements and Message Programs, Food and Drug (OMB) under the Paperwork Reduction Specification’’ (the E2B(R3) Administration, 10903 New Hampshire Act of 1995. implementation guidance) and an Ave., Bldg. 51, Rm. 3342, Rockville, MD appendix to the guidance entitled 20993–0002, 301–796–8377. FOR FURTHER INFORMATION CONTACT: FDA ‘‘ICSRs: Appendix to the SUPPLEMENTARY INFORMATION: PRA Staff, Office of Operations, Food Implementation Guide—Backwards and and Drug Administration, 1350 Piccard Forwards Compatibility’’ (the BFC I. Background Dr., PI50–400B, Rockville, MD 20850, appendix). The guidance was prepared In recent years, many important [email protected]. under the auspices of the International initiatives have been undertaken by Conference on Harmonisation of regulatory authorities and industry SUPPLEMENTARY INFORMATION: On Technical Requirements for Registration December 19, 2013, the Agency associations to promote international of Pharmaceuticals for Human Use harmonization of regulatory submitted a proposed collection of (ICH). The E2B(R3) implementation information entitled ‘‘Current Good requirements. FDA has participated in guidance is intended to revise the many meetings designed to enhance Manufacturing Practice (CGMP); Quality standards for submission of ICSRs and System (QS) Regulation’’ to OMB for harmonization and is committed to improve the inherent quality of the data, seeking scientifically based harmonized review and clearance under 44 U.S.C. enabling improved handling and technical procedures for pharmaceutical 3507. An Agency may not conduct or analysis of ICSR reports. The BFC development. One of the goals of sponsor, and a person is not required to appendix describes the relationship harmonization is to identify and then respond to, a collection of information between data elements from the 2001 reduce differences in technical unless it displays a currently valid OMB ICH E2B guidance and the E2B(R3) requirements for drug development control number. OMB has now implementation guidance. among regulatory agencies. approved the information collection and DATES: Submit either electronic or ICH was organized to provide an has assigned OMB control number written comments on Agency guidances opportunity for tripartite harmonization 0910–0073. The approval expires on at any time. initiatives to be developed with input February 28, 2017. A copy of the ADDRESSES: Submit written requests for from both regulatory and industry supporting statement for this single copies of the guidance to the representatives. FDA also seeks input information collection is available on Division of Drug Information (HFD– from consumer representatives and the Internet at http://www.reginfo.gov/ 240), Center for Drug Evaluation and others. ICH is concerned with public/do/PRAMain. Research (CDER), Food and Drug harmonization of technical Dated: February 14, 2014. Administration, 10903 New Hampshire requirements for the registration of Ave., Bldg. 51, Rm. 2201, Silver Spring, pharmaceutical products among three Leslie Kux, MD 20993–0002, or the Office of regions: The European Union, Japan, Assistant Commissioner for Policy. Communication, Outreach and and the United States. The six ICH [FR Doc. 2014–03669 Filed 2–20–14; 8:45 am] Development (HFM–40), Center for sponsors are the European Commission; BILLING CODE 4160–01–P Biologics Evaluation and Research the European Federation of (CBER), Food and Drug Administration, Pharmaceutical Industries Associations; 1401 Rockville Pike, Suite 200N, the Japanese Ministry of Health, Labour, Rockville, MD 20852–1448. Send one and Welfare; the Japanese self-addressed adhesive label to assist Pharmaceutical Manufacturers the office in processing your requests. Association; CDER and CBER, FDA; and The guidance may also be obtained by the Pharmaceutical Research and mail by calling CBER at 1–800–835– Manufacturers of America. The ICH 4709 or 301–827–1800. See the Secretariat, which coordinates the

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preparation of documentation, is This guidance is being issued Date and Time: The meeting will be provided by the International consistent with FDA’s good guidance held on March 18, 2014, from 8:30 a.m. Federation of Pharmaceutical practices regulation (21 CFR 10.115). to 4:30 p.m. and March 19, 2014, from Manufacturers Associations (IFPMA). The guidance represents the Agency’s 9 a.m. to 11:30 a.m. The ICH Steering Committee includes current thinking on this topic. It does Location: FDA White Oak Campus, representatives from each of the ICH not create or confer any rights for or on 10903 New Hampshire Ave., Bldg. 31 sponsors and the IFPMA, as well as any person and does not operate to bind Conference Center, the Great Room (Rm. observers from the World Health FDA or the public. An alternative 1503), Silver Spring, MD 20993–0002. Organization, Health Canada, and the approach may be used if such approach Information regarding special European Free Trade Area. satisfies the requirements of the accommodations due to a disability, In the Federal Register of October 20, applicable statutes and regulations. visitor parking, and transportation may be accessed at: http://www.fda.gov/ 2011 (76 FR 65199), FDA published a II. Comments notice announcing the availability of a AdvisoryCommittees/default.htm; under draft guidance entitled ‘‘E2B(R3) Interested persons may submit either the heading ‘‘Resources for You,’’ click Electronic Transmission of Individual electronic comments regarding this on ‘‘Public Meetings at the FDA White Case Safety Reports (ICSRs): document to http://www.regulations.gov Oak Campus.’’ Please note that visitors Implementation Guide—Data Elements or written comments to the Division of to the White Oak Campus must enter and Message Specification’’ and an Dockets Management (see ADDRESSES). It through Building 1. For those unable to appendix to the guidance entitled is only necessary to send one set of attend in person, the meeting will also ‘‘ICSRs: Appendix to the comments. Identify comments with the be Webcast. The Webcast will be Implementation Guide—Backwards and docket number found in brackets in the available at the following link: https:// Forwards Compatibility.’’ FDA also heading of this document. Received collaboration.fda.gov/bpac2014/. On published a correction notice comments may be seen in the Division link please enter as a guest to the site. Contact Person: Bryan Emery or (November 16, 2011, 76 FR 71044) of Dockets Management between 9 a.m. Pearline Muckelvene, Center for giving interested persons an opportunity and 4 p.m., Monday through Friday, and Biologics Evaluation and Research to submit comments by January 18, will be posted to the docket at http:// (HFM–71), Food and Drug 2012. www.regulations.gov. Administration, 1401 Rockville Pike, After consideration of the comments III. Electronic Access Rockville, MD 20852, 301–827–1277 or received and revisions to the guidance, Persons with access to the Internet 301–827–1281, or FDA Advisory a final draft of the guidance was may obtain the document at http://www. Committee Information Line, 1–800– submitted to the ICH Steering regulations.gov, http://www.fda.gov/ 741–8138 (301–443–0572 in the Committee and endorsed by the three Drugs/GuidanceComplianceRegulatory Washington, DC area). A notice in the participating regulatory agencies in Information/Guidances/default.htm, or Federal Register about last minute November 2012. http://www.fda.gov/BiologicsBlood modifications that impact a previously The guidance provides guidance on Vaccines/GuidanceCompliance announced advisory committee meeting the data elements, terminology, and RegulatoryInformation/Guidances/ cannot always be published quickly exchange standards for the submission default.htm. enough to provide timely notice. of ICSRs to improve the inherent quality Dated: February 14, 2014. Therefore, you should always check the of adverse event data and enable Agency’s Web site at http:// Leslie Kux, improved handling and analysis of www.fda.gov/AdvisoryCommittees/ ICSRs. The E2B(R3) implementation Assistant Commissioner for Policy. default.htm and scroll down to the guidance provides support for the [FR Doc. 2014–03677 Filed 2–20–14; 8:45 am] appropriate advisory committee meeting implementation of software tools for BILLING CODE 4160–01–P link, or call the advisory committee creating, editing, sending, and receiving information line to learn about possible electronic ICSR messages. The E2B(R3) modifications before coming to the implementation guidance also provides DEPARTMENT OF HEALTH AND meeting. instruction for how pharmaceutical HUMAN SERVICES Agenda: On the morning of March 18, industries and regulatory authorities 2014, the committee will meet in open Food and Drug Administration should use the ‘‘International session to discuss the evaluation of the Organization for Standardization (ISO) [Docket No. FDA–2014–N–0001] safety and effectiveness of the Immucor 27953–2 (Part 2)’’ ICSR messaging PreciseTypeTM HEA Molecular standard for exchanging Blood Products Advisory Committee; BeadChip Assay, manufactured by pharmacovigilance information among Notice of Meeting BioArray Solutions Limited. In the ICH regions and in other countries AGENCY: Food and Drug Administration, afternoon, the committee will hear adopting ICH guidelines. The BFC HHS. update presentations on the following appendix describes the relationship topics: (1) Report from the Presidential ACTION: Notice. between data elements from E2B(R2) Commission for the Study of Bioethical and E2B(R3) and is intended to assist This notice announces a forthcoming Issues on the ethical implications of reporters and recipients in meeting of a public advisory committee incidental findings in clinical, research, implementing systems with special of the Food and Drug Administration and direct-to-consumer contexts; (2) focus on the recommendations for (FDA). At least one portion of the summary of the January 28–29, 2014, converting back and forth between meeting will be closed to the public. FDA public workshop on immune E2B(R2) and E2B(R3) ICSR reports. The Name of Committee: Blood Products globulin-associated hemolysis; and (3) a E2B(R3) implementation guidance and Advisory Committee. summary of the December 4–5, 2013, BFC appendix are being issued as a General Function of the Committee: HHS Advisory Committee on Blood and package that includes schema files and To provide advice and Tissue Safety and Availability. On the additional technical information to be recommendations to the Agency on morning of March 19, 2014, the used for creating compliant ICSR files. FDA’s regulatory issues. committee will meet in open session to

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hear presentations on the research programs and make recommendations a.m. to 5 p.m.; and on April 18, 2014, programs of the Laboratory Hemostasis, regarding personnel staffing decisions. from 8:30 a.m. to 3 p.m. Division of Hematology, Office of Blood Persons attending FDA’s advisory Location: Center for Tobacco Research and Review, Center for committee meetings are advised that the Products, 9200 Corporate Blvd., Biologics Evaluation and Research, Agency is not responsible for providing Rockville, MD 20850, 1–877–287–1373. FDA. access to electrical outlets. Seating for Contact Person: Caryn Cohen, Center FDA intends to make background this meeting may be limited, so the for Tobacco Products, Food and Drug material available to the public no later public is encouraged to watch the free Administration, 9200 Corporate Blvd., than 2 business days before the meeting. Webcast if unable to attend. The Rockville, MD 20850, 1–877–287–1373 If FDA is unable to post the background Webcast will be available at 8:30 a.m. on (choose option 5), email: TPSAC@ material on its Web site prior to the March 18, 2014, and on March 19, 2014, fda.hhs.gov, or FDA Advisory meeting, the background material will at 9 a.m. at the link provided. Committee Information Line, 1–800– be made publicly available at the FDA welcomes the attendance of the 741–8138 (301–443–0572 in the location of the advisory committee public at its advisory committee Washington, DC area). A notice in the meeting, and the background material meetings and will make every effort to Federal Register about last-minute will be posted on FDA’s Web site after accommodate persons with physical modifications that impact a previously the meeting. Background material is disabilities or special needs. If you announced advisory committee meeting available at http://www.fda.gov/ require special accommodations due to cannot always be published quickly AdvisoryCommittees/Calendar/ a disability, please contact Bryan Emery enough to provide timely notice. default.htm. Scroll down to the at least 7 days in advance of the Therefore, you should always check the appropriate advisory committee meeting meeting. Agency’s Web site at http:// link. FDA is committed to the orderly www.fda.gov/AdvisoryCommittees/ default.htm and scroll down to the Procedure: On March 18, 2014, from conduct of its advisory committee appropriate advisory committee meeting 8:30 a.m. to approximately 4:30 p.m., meetings. Please visit our Web site at link, or call the advisory committee the meeting is open to the public. http://www.fda.gov/ information line to learn about possible Interested persons may present data, AdvisoryCommittees/ modifications before coming to the information, or views, orally or in AboutAdvisoryCommittees/ ucm111462.htm for procedures on meeting. writing, on issues pending before the Agenda: On April 16, 2014, the public conduct during advisory committee. Written submissions may be committee will consider scientific committee meetings. made to the contact person on or before issues pertaining to dependence and Notice of this meeting is given under March 11, 2014. Oral presentations from addiction, including the development of the Federal Advisory Committee Act (5 the public on March 18, 2014, will be addiction, measurement of dependence U.S.C. app. 2). scheduled between approximately 1:30 and addiction, and concepts concerning p.m. and 2 p.m. On March 19, 2014, Dated: February 18, 2014. the assessment of addiction in the from 9 a.m. to approximately 11 a.m., Leslie Kux, review of product submissions. the meeting is open to the public. Oral Assistant Commissioner for Policy. On April 17, 2014, the committee will presentations from the public on March [FR Doc. 2014–03703 Filed 2–20–14; 8:45 am] receive information on population 19, 2014, will be scheduled between BILLING CODE 4160–01–P modeling in the assessment of tobacco approximately 10:30 a.m. and 11 a.m. product applications and discuss the Those individuals interested in making ways modeling can inform decisions formal oral presentations should notify DEPARTMENT OF HEALTH AND critical to population health. the contact person and submit a brief HUMAN SERVICES On April 18, 2014, the committee will statement of the general nature of the discuss possible approaches for evidence or arguments they wish to Food and Drug Administration evaluating information on the risks and present, the names and addresses of potential benefits of a proposed [Docket No. FDA–2014–N–0001] proposed participants, and an modified risk tobacco product to the indication of the approximate time The Tobacco Products Scientific health of individual tobacco users and requested to make their presentation on Advisory Committee; Notice of Meeting to the population as a whole. or before March 3, 2014. Time allotted FDA intends to make background for each presentation may be limited. If AGENCY: Food and Drug Administration, material available to the public no later the number of registrants requesting to HHS. than 2 business days before the meeting. speak is greater than can be reasonably ACTION: Notice. If FDA is unable to post the background accommodated during the scheduled material on its Web site prior to the open public hearing session, FDA may This notice announces a forthcoming meeting, the background material will conduct a lottery to determine the meeting of a public advisory committee be made publicly available at the speakers for the scheduled open public of the Food and Drug Administration location of the advisory committee hearing session. The contact person will (FDA). The meeting will be open to the meeting, and the background material notify interested persons regarding their public. will be posted on FDA’s Web site after request to speak by March 4, 2014. Name of Committee: The Tobacco the meeting. Background material is Closed Committee Deliberations: On Products Scientific Advisory available at http://www.fda.gov/ March 19, 2014, from approximately 11 Committee. AdvisoryCommittees/Calendar/ a.m. to 11:30 a.m., the meeting will be General Function of the Committee: default.htm. Scroll down to the closed to permit discussion where To provide advice and appropriate advisory committee meeting disclosure would constitute a clearly recommendations to the Agency on link. unwarranted invasion of personal FDA’s regulatory issues. Procedure: Interested persons may privacy (5 U.S.C. 552b(c)(6)). The Date and Time: The meeting will be present data, information, or views, committee will discuss the site visit held on April 16, 2014, from 8:30 a.m. orally or in writing, on issues pending report of the intramural research to 5 p.m.; on April 17, 2014, from 8:30 before the committee. Written

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submissions may be made to the contact DEPARTMENT OF HEALTH AND patients with type 1 or type 2 diabetes person on or before April 2, 2014. Oral HUMAN SERVICES mellitus. presentations from the public will be FDA intends to make background scheduled between approximately 1 Food and Drug Administration material available to the public no later p.m. and 1:30 p.m. on April 16; between [Docket No. FDA–2014–N–0001] than 2 business days before the meeting. approximately 1 p.m. and 1:30 p.m. on If FDA is unable to post the background April 17; and between approximately Endocrinologic and Metabolic Drugs material on its Web site prior to the 11:30 a.m. and 12 p.m. on April 18. Advisory Committee; Notice of Meeting meeting, the background material will be made publicly available at the Those individuals interested in making AGENCY: Food and Drug Administration, location of the advisory committee formal oral presentations should notify HHS. meeting, and the background material the contact person and submit a brief ACTION: Notice. will be posted on FDA’s Web site after statement of the general nature of the the meeting. Background material is evidence or arguments they wish to This notice announces a forthcoming available at http://www.fda.gov/ present, the names and addresses of meeting of a public advisory committee AdvisoryCommittees/Calendar/ proposed participants, and an of the Food and Drug Administration default.htm. Scroll down to the indication of the approximate time (FDA). The meeting will be open to the appropriate advisory committee meeting requested to make their presentation on public. link. or before March 25, 2014. Time allotted Name of Committee: Endocrinologic Procedure: Interested persons may for each presentation may be limited. If and Metabolic Drugs Advisory present data, information, or views, the number of registrants requesting to Committee. orally or in writing, on issues pending speak is greater than can be reasonably General Function of the Committee: before the committee. Written accommodated during the scheduled To provide advice and submissions may be made to the contact recommendations to the Agency on open public hearing session, FDA may person on or before March 18, 2014. FDA’s regulatory issues. conduct a lottery to determine the Oral presentations from the public will Date and Time: The meeting will be be scheduled between approximately 1 speakers for the scheduled open public held on April 1, 2014, from 8 a.m. to 5 hearing session. The contact person will p.m. and 2 p.m. Those individuals p.m. interested in making formal oral notify interested persons regarding their Location: The Marriott Inn and presentations should notify the contact request to speak by March 24, 2014. Conference Center, University of person and submit a brief statement of Persons attending FDA’s advisory Maryland University College (UMUC), the general nature of the evidence or committee meetings are advised that the Potomac Ballroom, 3501 University arguments they wish to present, the Agency is not responsible for providing Blvd. East, Hyattsville, MD 20783. The names and addresses of proposed access to electrical outlets. conference center’s telephone number is participants, and an indication of the 301–985–7300. FDA welcomes the attendance of the approximate time requested to make Contact Person: Karen Abraham- their presentation on or before March public at its advisory committee Burrell, Center for Drug Evaluation and meetings and will make every effort to 10, 2014. Time allotted for each Research, Food and Drug presentation may be limited. If the accommodate persons with physical Administration, 10903 New Hampshire number of registrants requesting to disabilities or special needs. If you Ave., Bldg. 31, Rm. 2417, Silver Spring, speak is greater than can be reasonably require special accommodations due to MD 20993–0002, 301–796–9001, FAX: accommodated during the scheduled a disability, please contact Caryn Cohen 301–847–8533, email: EMDAC@ open public hearing session, FDA may at least 7 days in advance of the fda.hhs.gov, or FDA Advisory conduct a lottery to determine the meeting. Committee Information Line, 1–800– speakers for the scheduled open public FDA is committed to the orderly 741–8138 (301–443–0572 in the hearing session. The contact person will conduct of its advisory committee Washington, DC area). A notice in the notify interested persons regarding their meetings. Please visit our Web site at Federal Register about last minute request to speak by March 11, 2014. http://www.fda.gov/ modifications that impact a previously Persons attending FDA’s advisory AdvisoryCommittees/ announced advisory committee meeting committee meetings are advised that the AboutAdvisoryCommittees/ cannot always be published quickly Agency is not responsible for providing enough to provide timely notice. ucm111462.htm for procedures on access to electrical outlets. Therefore, you should always check the FDA welcomes the attendance of the public conduct during advisory Agency’s Web site at http:// public at its advisory committee committee meetings. www.fda.gov/AdvisoryCommittees/ meetings and will make every effort to Notice of this meeting is given under default.htm and scroll down to the accommodate persons with physical the Federal Advisory Committee Act (5 appropriate advisory committee meeting disabilities or special needs. If you U.S.C. app. 2). link, or call the advisory committee require special accommodations due to Dated: February 18, 2014. information line to learn about possible a disability, please contact Karen modifications before coming to the Abraham-Burrell at least 7 days in Leslie Kux, meeting. advance of the meeting. Assistant Commissioner for Policy. Agenda: The committee will discuss FDA is committed to the orderly [FR Doc. 2014–03705 Filed 2–20–14; 8:45 am] new drug application (NDA) 22–472, conduct of its advisory committee BILLING CODE 4160–01–P proposed trade name AFREZZA meetings. Please visit our Web site at (TECHNOSPHERE Insulin Inhalation http://www.fda.gov/ System), 3 unit and 6 unit cartridges for AdvisoryCommittees/ oral inhalation, manufactured by AboutAdvisoryCommittees/ MannKind Corporation. The proposed ucm111462.htm for procedures on indication (use) for this application is to public conduct during advisory improve glycemic control in adult committee meetings.

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Notice of this meeting is given under industry’s drug development processes, DEPARTMENT OF HEALTH AND the Federal Advisory Committee Act (5 and (2) a venue for sharing information HUMAN SERVICES U.S.C. app. 2). about project management procedures Health Resources and Services Dated: February 18, 2014. (but not drug-specific information) with Administration Leslie Kux, industry representatives. Assistant Commissioner for Policy. II. The Site Tours Program Agency Information Collection [FR Doc. 2014–03704 Filed 2–20–14; 8:45 am] Activities: Submission to OMB for BILLING CODE 4160–01–P In this program, over a 2- to 3-day Review and Approval; Public Comment period, small groups (five or less) of Request regulatory project managers, including a DEPARTMENT OF HEALTH AND senior level regulatory project manager, AGENCY: Health Resources and Services HUMAN SERVICES can observe operations of Administration, HHS. pharmaceutical manufacturing and/or ACTION: Notice. Food and Drug Administration packaging facilities, pathology/ SUMMARY: In compliance with Section toxicology laboratories, and regulatory [Docket No. FDA–2014–N–0179] 3507(a)(1)(D) of the Paperwork affairs operations. Neither this tour nor Reduction Act of 1995, the Health any part of the program is intended as Training Program for Regulatory Resources and Services Administration a mechanism to inspect, assess, judge, Project Managers; Information (HRSA) has submitted an Information or perform a regulatory function, but is Available to Industry Collection Request (ICR) to the Office of meant rather to improve mutual Management and Budget (OMB) for AGENCY: Food and Drug Administration, understanding and to provide an avenue review and approval. Comments HHS. for open dialogue. During the Site Tours ACTION: Notice. submitted during the first public review Program, regulatory project managers of this ICR will be provided to OMB. SUMMARY: The Food and Drug will also participate in daily workshops OMB will accept further comments from Administration’s (FDA’s) Center for with their industry counterparts, the public during the review and Drug Evaluation and Research (CDER) is focusing on selective regulatory issues approval period. important to both CDER staff and announcing the continuation of the DATES: Comments on this ICR should be industry. The primary objective of the Regulatory Project Management Site received within 30 days of this notice. daily workshops is to learn about the Tours and Regulatory Interaction ADDRESSES: Submit your comments, Program (the Site Tours Program). The team approach to drug development, including drug discovery, preclinical including the Information Collection purpose of this document is to invite Request Title, to the desk officer for pharmaceutical companies interested in evaluation, tracking mechanisms, and regulatory submission operations. The HRSA, either by email to participating in this program to contact [email protected] or by CDER. overall benefit to regulatory project managers will be exposure to project fax to 202–395–5806. DATES: Pharmaceutical companies may management, team techniques, and FOR FURTHER INFORMATION CONTACT: To submit proposed agendas to the Agency request a copy of the clearance requests by April 22, 2014. processes employed by the pharmaceutical industry. By submitted to OMB for review, email the FOR FURTHER INFORMATION CONTACT: Dan participating in this program, the HRSA Information Collection Clearance Brum, Center for Drug Evaluation and regulatory project manager will grow Officer at [email protected] or call Research, Food and Drug professionally by gaining a better (301) 443–1984. Administration, 10903 New Hampshire understanding of industry processes and SUPPLEMENTARY INFORMATION: Ave., Bldg. 22, Rm. 5480, Silver Spring, procedures. Information Collection Request Title: MD 20993–0002, 301–796–0578, HRSA AIDS Drug Assistance Program [email protected]. III. Site Selection Quarterly Report OMB No. 0915–0294— SUPPLEMENTARY INFORMATION: Extension. All travel expenses associated with Abstract: HRSA’s AIDS Drug I. Background the Site Tours Program will be the Assistance Program (ADAP) is funded An important part of CDER’s responsibility of CDER; therefore, through Part B of Title XXVI of the commitment to make safe and effective selection will be based on the Public Health Service Act, as amended drugs available to all Americans is availability of funds and resources for by the Ryan White HIV/AIDS Treatment optimizing the efficiency and quality of each fiscal year. Selection will also be Extension Act of 2009 (The Ryan White the drug review process. To support this based on firms having a favorable HIV/AIDS Program), which provides primary goal, CDER has initiated facility status as determined by FDA’s grants to states and territories. ADAP various training and development Office of Regulatory Affairs District provides medications for the treatment programs to promote high performance Offices in the firms’ respective regions. of HIV disease. Program funds may also in its regulatory project management Firms interested in offering a site tour be used to purchase health insurance for staff. CDER seeks to significantly or learning more about this training eligible clients or for services that enhance review efficiency and review opportunity should respond by enhance access, adherence, and quality by providing the staff with a submitting a proposed agenda to Dan monitoring of drug treatments. better understanding of the Brum (see DATES and FOR FURTHER Need and Proposed Use of the pharmaceutical industry and its INFORMATION CONTACT). Information: Each of the 50 states, the operations. To this end, CDER is Dated: February 14, 2014. District of Columbia, Puerto Rico, the continuing its training program to give Virgin Islands, and the Pacific territories regulatory project managers the Leslie Kux, receive ADAP grants. As part of the opportunity to tour pharmaceutical Assistant Commissioner for Policy. funding requirements, ADAP grantees facilities. The goals are to provide the [FR Doc. 2014–03679 Filed 2–20–14; 8:45 am] submit quarterly reports that include following: (1) Firsthand exposure to BILLING CODE 4160–01–P information on patients served,

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pharmaceuticals dispensed, pricing, including coordination with Medicaid). needed to review instructions; to sources of support to provide HIV/AIDS The quarterly report is used to develop, acquire, install and utilize medications, eligibility requirements, determine how ADAP grants are being technology and systems for the purpose costs data, and coordination with expended and to provide answers to of collecting, validating and verifying Medicaid. Each quarterly report requests requests from Congress and other information, processing and updates from programs on the number organizations. maintaining information, and disclosing of patients served, type of Likely Respondents: Each of the 50 and providing information; to train pharmaceuticals dispensed, and prices states, the District of Columbia, Puerto personnel and to be able to respond to paid to provide medications. The first Rico, the Virgin Islands, and the Pacific a collection of information; to search quarterly report of each ADAP fiscal territories that receive ADAP grants. data sources; to complete and review year (due in July of each year) also Burden Statement: Burden in this the collection of information; and to requests information that only changes context means the time expended by transmit or otherwise disclose the annually (e.g., state funding, drug persons to generate, maintain, retain, information. The total annual burden formulary, eligibility criteria for disclose or provide the information hours estimated for this ICR are enrollment, and cost-saving strategies requested. This includes the time summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

ADAP Quarterly Report (Only Section 1 required for 4th quarterly report) .... 57 1 17 969

Dated: February 12, 2014. DEPARTMENT OF THE INTERIOR during regular business hours at the Jackie Painter, Fish and Wildlife Service’s Regional Deputy Director, Division of Policy and Fish and Wildlife Service Office, 1875 Century Boulevard, Suite 200, Atlanta, GA 30345; or the South Information Coordination. [FWS–R4–ES–2013–N215; 40120–1112– [FR Doc. 2014–03676 Filed 2–20–14; 8:45 am] 0000–F2] Florida Field Office, Fish and Wildlife Service, 1339 20th Street, Vero Beach, BILLING CODE 4165–15–P Endangered and Threatened Wildlife FL 32960. and Plants; Programmatic Incidental FOR FURTHER INFORMATION CONTACT: Mr. DEPARTMENT OF HEALTH AND Take Permit Application and David Dell, Regional HCP Coordinator, HUMAN SERVICES Environmental Assessment for (see ADDRESSES), telephone: 404–679– Development Activities; Charlotte 7313; or Ms. Elizabeth Landrum, Field National Institutes of Health County, FL Office Project Manager, at the South Florida Field Office (see ADDRESSES), Center for Scientific Review; Amended AGENCY: Fish and Wildlife Service, telephone: 772–469–4304. If you use a Notice of Meeting Interior. telecommunications device for the deaf ACTION: Notice of availability; request (TDD), please call the Federal Notice is hereby given of a change in for comments. Information Relay Service (FIRS) at the meeting of the Center for Scientific 800–877–8339. SUMMARY: Under the Endangered SUPPLEMENTARY INFORMATION: We Review Special Emphasis Panel, Species Act of 1973, as amended (Act), announce the availability of the February 27, 2014, 01:00 p.m. to we, the U.S. Fish and Wildlife Service, proposed HCP, accompanying February 27, 2014, 04:30 p.m., National announce the receipt and availability of incidental take permit (ITP) application, Institutes of Health, 6701 Rockledge a proposed county-wide programmatic and an environmental assessment (EA), Drive, Bethesda, MD, 20892 which was habitat conservation plan (HCP) and which analyze the take of the scrub-jay published in the Federal Register on accompanying documents for private (Aphelocoma coerulescens) and indigo February 6, 2014, 79 FR 7219. and commercial development projects, snake (Drymarchon courais cooperii) public works, and municipal The meeting will be held on March incidental to activities conducted or infrastructure improvements (activities) 11, 2014. The location and time remain permitted by the applicant. The regulated or authorized by the Charlotte the same. The meeting is closed to the applicant requests a 30-year ITP under County Board of County Commissioners public. section 10(a)(1)(B) of the Act, as (applicant). If approved, the permit amended (16 U.S.C. 1531 et seq.). The Dated: February 12, 2014. would authorize incidental take of applicant’s HCP describes the mitigation David Clary, Florida scrub-jay (scrub-jay) and eastern and minimization measures proposed to Program Analyst, Office of Federal Advisory indigo snake (indigo snake), in the address the impacts to the species. Committee Policy. course of activities conducted or We specifically request information, [FR Doc. 2014–03660 Filed 2–19–14; 8:45 am] permitted by the applicant in Charlotte views, and opinions from the public on BILLING CODE 4140–01–P County, FL. We invite the public to our proposed Federal action, including comment on these documents. identification of any other aspects of the DATES: To ensure consideration, please human environment not already send your written comments by April identified in the EA pursuant to 22, 2014. National Environmental Policy Act ADDRESSES: Documents are available for (NEPA) regulations in the Code of public inspection by appointment Federal Regulations (CFR) at 40 CFR

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1506.6. Further, we specifically solicit applicant-owned lands currently by OMB Control Number 1076–0135. information regarding the adequacy of occupied, or suitable for restoration as, This information collection expires the HCP per 50 CFR parts 13 and 17. scrub-jay and indigo snake habitat in January 31, 2017. See the The EA assesses the likely Charlotte County, Florida. SUPPLEMENTARY INFORMATION section of environmental impacts associated with this notice for details on the tribal Next Steps the implementation of the activities, consultation session. including the environmental We will evaluate the ITP application, DATES: Submit comments on or before consequences of the no-action including the HCP and any comments April 15, 2014. A tribal consultation alternative and the proposed action. The we receive, to determine whether the session will be held on Thursday, proposed action alternative is issuance application meets the requirements of March 13, 2014 from 1:00 to 5:00 p.m. of the ITP and implementation of the section 10(a)(1)(B) of the Act. We will at the Westin Washington City Center, HCP as submitted by the Applicant. The also evaluate whether issuance of a 1400 M Street NW., Washington, DC applicant anticipates taking a total of section 10(a)(1)(B) ITP complies with 20005. See the SUPPLEMENTARY approximately 3,056 acres of scrub-jay section 7 of the Act by conducting an INFORMATION section of this notice for and indigo snake habitat incidental to intra-Service section 7 consultation. We details on the tribal consultation construction of residential, commercial, will use the results of this consultation, session. and public facilities, as well as the in combination with the above findings, ADDRESSES: You may submit comments associated infrastructure. The in our final analysis to determine on the information collection to James minimization and mitigation measures whether or not to issue the ITP. If we West, Office of Indian Energy and proposed in the HCP include habitat determine that the requirements are Economic Development, Assistant management activities on a total of met, we will issue the ITP for the Secretary—Indian Affairs, 1951 4,496 acres of mitigation land. Most of incidental take of Florida scrub-jay and Constitution Avenue NW., MS–20 SIB, this total is already owned by the eastern indigo snake. Washington, DC 20240; facsimile: (202) applicant, while an additional 1,336 Authority 208–4564; email: [email protected]. acres would be acquired during the Copies of the draft forms can be viewed ITP’s term. Typical management We provide this notice under section at: http://www.bia.gov/WhoWeAre/AS- activities include prescribed burning, 10 of the Act (16 U.S.C. 1531 et seq.) IA/Consultation/index.htm. See the mechanical cutting, and related and NEPA regulations (40 CFR 1506.6). SUPPLEMENTARY INFORMATION section of measures to restore dry scrub habitats to Dated: November 21, 2013. this notice for information on the support scrub-jays and indigo snakes. Mike Oetker, consultation session. Public Comments Acting Regional Director. FOR FURTHER INFORMATION CONTACT: Before including your address, phone [FR Doc. 2014–03670 Filed 2–20–14; 8:45 am] James West, (202) 208–6310. number, email address, or other BILLING CODE 4310–55–P SUPPLEMENTARY INFORMATION: personal identifying information in your I. Abstract comment, you should be aware that DEPARTMENT OF THE INTERIOR your entire comment—including your The Assistant Secretary—Indian Affairs is seeking comments on the personal identifying information—may Bureau of Indian Affairs be made publicly available at any time. revisions for the information collection While you can ask us in your comment [DR.5B814.IA001213] conducted under OMB Control Number to withhold your personal identifying 1076–0135, Reporting System for Public Revision of Agency Information Law 102–477 Demonstration Project. information from public review, we Collection for Reporting Systems for cannot guarantee that we will be able to This information allows funding Public Law 102–477 Demonstration agencies to document compliance with do so. Project If you wish to comment, you may statutory, regulatory, and program submit comments by any one of several AGENCY: Bureau of Indian Affairs, specific requirements of the various methods. Please reference TE09117B–0 Interior. integrated programs. Public Law 102– in such comments. You may mail ACTION: Correction; tribal consultation 477 authorized tribal governments to comments to the Fish and Wildlife meeting. integrate federally funded employment, Service’s Regional Office (see training, and related services and ADDRESSES). You may also comment via SUMMARY: The Bureau of Indian Affairs programs tribes provide into a single, the internet to [email protected]. (BIA) published a notice in the Federal coordinated, comprehensive service Please include your name and return Register of February 14, 2014, delivery plan. Funding agencies include address in your message. If you do not announcing the revision of agency the Department of the Interior, receive a confirmation from us that we information collection for Reporting Department of Labor, and the have received your message, contact us Systems for Public Law 102–477 Department of Health and Human directly at either telephone number Demonstration Project authorized by Services. Indian Affairs (IA) is listed under FOR FURTHER INFORMATION OMB Control Number 1076–0135 and statutorily required to serve as the lead CONTACT. providing information for the tribal agency and provides a single report Finally, you may hand-deliver consultation meeting. This notice format related to the approved plan for comments to either of our offices listed corrects the date and time for the tribal the individual project for use by tribal under ADDRESSES. consultation meeting. governments to report on integrated In compliance with the Paperwork activities and expenditures. IA shares Covered Area Reduction Act of 1995, the Assistant the information collected from these Scrub-jays and indigo snakes Secretary—Indian Affairs is seeking reports with the Department of Labor historically occurred in dry scrub comments on the revision of the and the Department of Health and habitats throughout Charlotte County. collection of information for the Human Services. The area encompassed by the HCP and Reporting System for Public Law 102– There were previously four ITP application consists of private and 477 Demonstration Project authorized information collections, three of which

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were collected on forms, associated with cannot guarantee that we will be able to to noon. Written comments must be this OMB Control Number: IA 7701— do so. received April 22, 2014. Narrative Report, IA 7702—Statistical III. Data ADDRESSES: See the SUPPLMENTARY Report, IA 7703—Financial Report, and INFORMATION section of this notice for OMB Control Number: 1076–0135. IA 7703A—Tribal Temporary Assistance the location of the tribal consultation Title: Reporting System for Public for Needy Families (TANF) Financial session. Submit comments by email to: Report. This revision reduces the Law 102–477 Demonstration Project. Brief Description of Collection: Public [email protected] or by U.S. mail to: number of forms to two: Narrative and Office of the Assistant Secretary— Statistical Report and Financial Law 102–477 authorized tribal governments to integrate federally- Indian Affairs, U.S. Department of the Expenditure Report. The previous Interior, attn: Sequoyah Simermeyer, TANF Financial Report and Financial funded employment, training and related services programs into a single, Mail Stop 3071 MIB, 1849 C Street NW., Report have been combined to create the Washington, DC 20240. Financial Expenditure Report, allowing coordinated, comprehensive delivery tribes to complete and submit the plan. Interior has made available a FOR FURTHER INFORMATION CONTACT: information on one form. Revisions single universal format for Statistical Sequoyah Simermeyer, Deputy Chief of were made to the Narrative Report Reports for tribal governments to report Staff, Office of the Assistant Secretary— Instructions and Statistical Report and on integrated activities undertaken Indian Affairs, (202) 208–7163. Instructions to provide clear guidance within their projects, and a single SUPPLEMENTARY INFORMATION: The for completion. These revisions are the universal format for Financial Reports Assistant Secretary—Indian Affairs, in result of input by a Federal and Tribal for tribal governments to report on all conjunction with the Acting Director, workgroup (‘‘477 Workgroup’’). project expenditures. IHS, will conduct a consultation session Type of Review: Revision of currently on Contract Support Costs (CSC) as part Consultation Session approved collection. of the National Congress of American A consultation session with tribal Respondents: Indian tribes Indians Executive Winter Session, leaders will be held on Thursday, March participating in Public Law 102–477. Westin Washington DC City Center— Number of Respondents: 62 on 13, 2014 from 1:00 to 5:00 p.m. at the Monticello Ballroom, 1400 M Street average. Westin Washington City Center, 1400 M NW., Washington, DC, from 9:00 a.m. to Number of Responses: 62 on average. noon, on Tuesday, March 11, 2014. Street NW., Washington, DC 20005. Frequency of Response: Each Copies of the draft forms can be viewed respondent must supply the information The FY 2014 Consolidated at: http://www.bia.gov/WhoWeAre/AS- for the Financial Status Report and Appropriations Act includes funding to IA/Consultation/index.htm. Public Law 102–477 Demonstration implement the Indian Self- II. Request for Comments Project Statistical Report once. Determination and Education Estimated Time per Response: Ranges Assistance Act of 1975 for both the The Assistant Secretary—Indian from 2 to 40 hours. Bureau of Indian Affairs (BIA) and the Affairs requests your comments on this Estimated Total Annual Hour Burden: IHS. The Act does not specify a limit on collection concerning: (a) The necessity 3,628 hours. the amount of such funds available in of this information collection for the Estimated Total Non-Hour Dollar FY 2014 for the payment of CSC, nor proper performance of the functions of Cost: $310. does it include the proposal put forth in the agency, including whether the the Administration’s FY 2014 budget Dated: February 18, 2014. information will have practical utility; request that would place a cap on the (b) The accuracy of the agency’s Elizabeth K. Appel, CSC amounts available for each tribal estimate of the burden (hours and cost) Director, Regulatory Affairs and Collaborative contract or compact. Instead, as set forth of the collection of information, Action. in the Joint Explanatory Statement including the validity of the [FR Doc. 2014–03721 Filed 2–20–14; 8:45 am] accompanying the Act, Congress methodology and assumptions used; (c) BILLING CODE 4310–G1–P ‘‘remanded back to the agencies to Ways we could enhance the quality, resolve’’ the determination of CSC utility, and clarity of the information to amounts to be paid from within the FY be collected; and (d) Ways we could DEPARTMENT OF THE INTERIOR 2014 appropriation. minimize the burden of the collection of Bureau of Indian Affairs Congress further directed the BIA and the information on the respondents. the IHS to consult with the tribes and Please note that an agency may not [DR.5A211.IA000413] work with the House and Senate conduct or sponsor, and an individual committees of jurisdiction, the Office of Contract Support Costs need not respond to, a collection of Management and Budget, and the information unless it has a valid OMB AGENCY: Bureau of Indian Affairs, Committees on Appropriations to Control Number. Interior. formulate long-term accounting, budget, It is our policy to make all comments ACTION: Notice of tribal consultation. and legislative strategies that will yield available to the public for review at the solutions going forward. Congress location listed in the ADDRESSES section. SUMMARY: The Assistant Secretary— indicated that the BIA and the IHS Before including your address, phone Indian Affairs, in conjunction with the should consider a standardized number, email address or other personal Acting Director, Indian Health Service approach that streamlines the contract identifying information in your (IHS), will conduct a consultation negotiation process, provides consistent comment, you should be aware that session with Indian tribes to work and clear cost categories, and ensures your entire comment—including your together to identify long-term solutions efficient and timely cost documentation personal identifying information—may concerning contract support costs (CSC) for the agencies and the Tribes. A work be made publicly available at any time. as it relates to the Fiscal Year (FY) 2014 plan is due to Congress on May 17, 2014 While you can ask us in your comment Consolidated Appropriations Act. (120 days from enactment of the to withhold your personal identifying DATES: The listening session will be appropriations bill) for both the BIA and information from public review, we held on March 11, 2014, from 9:00 a.m. the IHS, and this consultation will help

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inform the development of the work and River Fisheries Co-Management Cindy Benson, at the address listed in plan. Plan. the ADDRESSES section of this notice, or Dated: February 14, 2014. Environmental issues addressed in at the telephone number listed in the the FEIS include biological resources FOR FURTHER INFORMATION CONTACT Kevin K. Washburn, (lake trout, bull trout, westslope section of this notice. Assistant Secretary—Indian Affairs. cutthroat trout, lake whitefish, yellow Public Comment Availability: [FR Doc. 2014–03720 Filed 2–20–14; 8:45 am] perch, Mysis and algae); fishing Comments, including the names and BILLING CODE 4310–02–P opportunity; and fishing economy. addresses of respondents, will be Alternative A is the No Action available for public review at the CSKT alternative or status quo, and includes mailing address shown in the DEPARTMENT OF THE INTERIOR general harvest and fishing contests to ADDRESSES section, during regular achieve a reduction in lake trout Bureau of Indian Affairs business hours, 7 a.m. to 5:30 p.m., abundance. The action alternatives Monday through Thursday, except [AAK6006201 134A2100DD increase the harvest tools to include holidays. Before including your address, A0R3B3030.999900] bounties, commercial fishing, phone number, email address, or other trapnetting and gillnetting, and set personal identifying information in your Final Environmental Impact Statement specific harvest targets. Alternative B comment, you should be aware that for Proposed Strategies To Benefit identifies a 25 percent reduction of Age your entire comment—including your Native Species by Reducing the 8 and greater lake trout with a harvest personal identifying information—may Abundance of Lake Trout in Flathead target of 84,000 fish, Alternative C be made publicly available at any time. Lake, Montana identifies a 50 percent reduction of Age While you can ask us in your comment 8 and greater lake trout with a harvest to withhold your personal identifying AGENCY: Bureau of Indian Affairs, target of 113,000 fish, and Alternative D information from public review, we Interior. identifies a 75 percent reduction of Age cannot guarantee that we will be able to ACTION: Notice of availability. 8 and greater lake trout with a harvest do so. target of 143,000 fish, SUMMARY: This notice advises the public The BIA and CSKT have afforded Authority: This notice is published in that the Bureau of Indian Affairs (BIA) other government agencies and the accordance with the Council on Environmental Quality regulations (40 CFR as lead agency, with the Confederated public extensive opportunity to Salish and Kootenai Tribes (CSKT) as a 1500 et seq.) and the Department of the participate in the preparation of this Interior regulations (43 CFR part 46) cooperating agency, intends to file a EIS. The CSKT held three public implementing the procedural requirements of final environmental impact statement scoping meetings in April 2010 in the the National Environmental Policy Act of (FEIS) with the Environmental Polson, Kalispell and Missoula to 1969, as amended (42 U.S.C. 4371 et seq.), Protection Agency (EPA) for the CSKT initiate an Environmental Assessment and is accordance with the exercise of proposed management action on (EA). During development of the EA, the authority delegated to the Assistant Flathead Lake, Montana to benefit decision was made to shift to an EIS and Secretary—Indian Affairs by part 209 of the native trout by reducing the abundance a Notice of Intent to prepare the EIS for Departmental Manual. of lake trout. The notice also announces the proposed action was published in Dated: February 4, 2014. that the FEIS is now available for public the Federal Register on June 5, 2012 (77 Kevin K Washburn, review. FR 33230). The Notice of Availability Assistant Secretary—Indian Affairs. DATES: Any decision on the proposed for the draft EIS was published in the [FR Doc. 2014–03722 Filed 2–20–14; 8:45 am] Federal Register on June 21, 2013 (78 action will be issued on or after 30 days BILLING CODE 4310–W7–P from the date the EPA publishes its FR 37568). The draft EIS was available Notice of Availability in the Federal for public comment from June 21, 2013 Register. Any comments on the FEIS to August 5, 2013. The CSKT held a DEPARTMENT OF THE INTERIOR must arrive on or before that date. public hearing on the draft EIS on ADDRESSES: Mail or hand carry written August 1, 2013, in Pablo, Montana. Bureau of Land Management Locations where the FEIS is Available comments to Les Evarts, CSKT Fisheries [LLWY920000.51010000.ER0000. Program Manager, P.O. Box 278, Pablo, for Review: The FEIS is available for public review at the Tribal Fisheries LVRWK09K1000; WYW174597; COC72909; MT 59855. See SUPPLEMENTARY UTU87237] Office, 408 6th Ave. East, Polson, INFORMATION for directions on submitting comments and the public Montana, and an electronic version of Notice of Availability of the Draft availability of the FEIS. the FEIS can also be viewed at the Environmental Impact Statement and following Web sites: http:// Land-Use Plan Amendments for the FOR FURTHER INFORMATION CONTACT: www.mackdays.com and at Barry Hansen (406) 883–2888. Energy Gateway South Transmission www.flatheadlakeeis.net. Project in Wyoming, Colorado, and SUPPLEMENTARY INFORMATION: The BIA Directions for Submitting Comments: Utah and CSKT prepared the FEIS to address Please include your name, return the potential environmental effects that address, and the caption, ‘‘FEIS AGENCIES: Bureau of Land Management, increasing the harvest of lake trout in Comments, Strategies to Benefit native Interior. Flathead Lake would have on the Species by reducing the Abundance of ACTION: Notice of availability. biology, fishing opportunity and Lake Trout, Flathead Lake, Montana.’’ economy of the area. on the first page of your written SUMMARY: The Bureau of Land The proposed project aims to increase comments and submit comments to the Management (BLM) announces the harvest of lake trout beyond the status CSKT address listed above in the availability of the Draft Environmental quo level by authorizing the use of ADDRESSES section of this notice. Impact Statement (EIS) and Land-Use additional harvest tools, including To obtain a compact disk copy of the Plan Amendments for the Energy bounties, trapnetting and gillnetting to FEIS, please provide your name and Gateway South Transmission Project achieve the goals of the Flathead Lake address in writing or by voicemail to (Project).

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DATES: The Draft EIS is now available available 24 hours a day, 7 days a week. current and forecasted needs of Rocky for public review. The BLM and the U.S. You will receive a reply during normal Mountain Power’s customers. The BLM, Forest Service (USFS) request that business hours. through consultation with other Federal, comments be structured so that they are SUPPLEMENTARY INFORMATION: Copies of State, and local cooperating agencies, substantive and contain sufficient detail the Draft EIS are available for public has included an Agency Preferred to allow the agencies to address them in inspection during normal business Alternative transmission route in the the Final EIS. To be considered in the hours at the following locations: Draft EIS. The following discussions of Final EIS, written comments on the • BLM, Wyoming State Office, 5353 the Project are specific to the 412-mile- Draft EIS must be received within 90 Yellowstone Road, Cheyenne, WY long Agency Preferred Alternative. The requested ROW width would be days after the Environmental Protection 82009 250 feet for the 500kV portion of the Agency’s publication in the Federal • BLM, Rawlins Field Office, 1300 N. Project and 150 feet for the 345kV Register of its Notice of Availability of Third St., Rawlins, WY 82301 portion of the Project. Construction is this Draft EIS. The BLM and the USFS • BLM, Little Snake Field Office, 455 projected to start in 2018. As a general will consider timely filed comments and Emerson St., Craig, CO 81625 goal, the Agency Preferred Alternative respond to them in the Final EIS. • BLM, White River Field Office, 220 has been located parallel to existing All public meetings or other East Market St., Meeker, CO 81641 opportunities for public involvement • BLM, Grand Junction Field Office, transmission lines and other utilities within the West-wide energy corridors related to the Project will be announced 2815 H Road, Grand Junction, CO designated pursuant to Section 368 of by the BLM at least 15 days in advance 81506 through public notices, media news • BLM, Fillmore Field Office, 35 East the Energy Policy Act of 2005 and within other federally designated utility releases, Web site announcements, or 500 North, Fillmore, UT 84631 mailings. • BLM, Moab Field Office, 82 East corridors, unless precluded by resource or routing constraints or by technical ADDRESSES: Copies of the Draft EIS have Dogwood, Moab, UT 84532 • BLM, Price Field Office, 125 South infeasibility. Approximately 40 miles been sent to affected Federal, State, and (10 percent) of the Agency Preferred local governments; public libraries in 600 West, Price, UT 84501 • BLM, Vernal Field Office,170 South Alternative is located within designated the Project area; and interested parties Federal utility corridors. Transmission that previously requested a copy. The 500 East, Vernal, UT 84078 • BLM, Richfield Field Office, 150 East line alternatives were developed and Draft EIS and supporting documents analyzed in detail as part of this EIS. will be available electronically on the 900 North, Richfield, UT 84701 • These alternatives also cross Federal, following BLM Web site: http://www. U.S. Forest Service (Lead Forest Office), Dixie National Forest Office, State, local, and private lands. blm.gov/wy/st/en/info/NEPA/ The Draft EIS includes draft _ 1789 North Wedgewood Lane, Cedar documents/hdd/gateway south.html. A amendments of BLM land-use plans City, UT 84721 limited number of DVD copies of the (Resource Management Plans) and USFS document will be available as supplies The Draft EIS analyzes the Land and Resource Management Plans last. To request a DVD copy, contact consequences of granting a right-of-way (Forest Plans) that would be needed for Tamara Gertsch, BLM National Project (ROW) to PacifiCorp (doing business as the Project under each of the alternative Manager, BLM, Wyoming State Office, Rocky Mountain Power) for locating a routes. Depending on the alternative P.O. Box 21150, Cheyenne, WY 82003. 500-kilovolt (kV), overhead, single- selected in the Record of Decision Written comments may be submitted circuit, alternating-current, transmission (ROD), the National Park Service may by the following methods: line beginning near Medicine Bow, consider applications for the Project • _ Email: GatewaySouth WYMail@ Carbon County, Wyoming, at the Aeolus across the Deerlodge Road that provides blm.gov. Substation, and extending south and access to Dinosaur National Monument. • Mail: BLM, Wyoming State Office, west to the planned Clover Substation By this notice and the Notice of Intent P.O. Box 21150, Cheyenne, WY 82003. near Mona, Juab County, Utah, a to Prepare an EIS, published in the • Courier or hand delivery: Bureau of distance of between 400 miles and 540 Federal Register on April 1, 2011 (76 FR Land Management, Energy Gateway miles (depending on the route selected). 18241), the BLM is providing notice to South Project, 5353 Yellowstone Road, The Draft EIS also analyzes the the public of potential amendments to Cheyenne, WY 82009. consequences of the USFS issuing Resource Management Plans and Forest FOR FURTHER INFORMATION CONTACT: special use permits to construct, Plans, as required by 43 CFR 1610.2(c) Tamara Gertsch, BLM National Project operate, and maintain those portions of and 36 CFR 219.8. The impacts of these Manager, Bureau of Land Management, the transmission line which would be potential amendments are analyzed in Wyoming State Office, P.O. Box 21150, located on lands administered by the the Draft EIS together with the impacts Cheyenne, WY 82003, or by telephone USFS. The Project would also include a of the various Project alternative routes. at 307–775–6115. Any persons wishing rebuild of two existing 345kV Your input is important and will be to be added to a mailing list of transmission lines between the Clover considered in the environmental and interested parties may write or call the and Mona Substations (in an existing land-use planning analysis processes. BLM National Project Manager at this ROW), reroute of the Mona to All comment submissions must include address or phone number. You may also Huntington 345kV transmission line the commenter’s name and street contact Charles Kenton Call, USFS through the Clover Substation, and two address. Comments, including the Project Manager, Dixie National Forest, series compensation stations at points names and addresses of the commenter, 1789 North Wedgewood Lane, Cedar between Aeolus and Clover substations will be available for public inspection at City, UT 84721, or by telephone at 435– to improve transport capacity and the locations listed below during normal 865–3730. efficiency of the transmission line. business hours (7:45 a.m. to 4:30 p.m.), Persons who use telecommunications Equipment to accommodate the 500kV Monday through Friday, except Federal devices for the deaf may call the Federal transmission line would be installed at holidays. Before including your address, Information Relay Service (FIRS) at 1– the Aeolus and Clover substations. The phone number, email address, or any 800–877–8339 to leave a message or Project is designed to provide up to other personal identifying information questions for Ms. Gertsch. FIRS is 1,500 megawatts of capacity to meet in your comment, be advised that your

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entire comment, including your analyzed were eliminated from further parallels Wamsutter Road (on the east personal identifying information, may consideration. These route side of the road) south for be publicly available at any time. While modifications and variations are approximately 15 miles. At that point, you may ask us in your comment to documented in the Energy Gateway the route continues southwest crossing withhold from public review your South Transmission Project Siting Study Flat Top Mountain and continues personal identifying information, we Report available online at http:// toward the Wyoming and Colorado cannot guarantee that we will be able to www.blm.gov/pgdata/etc/medialib/blm/ border, approximately 20 miles west of do so. PacifiCorp (doing business as wy/information/NEPA/hddo/ Baggs, Wyoming. Rocky Mountain Power) originally gatewaysouth.Par.93351.File.dat/ The route continues south/southwest submitted an Application for FinalSitingStudyReport.pdf. through the Sevenmile Ridge area where Transportation and Utility Systems and In addition to the Proposed Action, it crosses the Little Snake River, the Facilities on Federal Lands (Standard the Draft EIS considers the No Action western edge of the Godiva Rim, and Form 299) to the BLM and USFS on Alternative and 33 alternative routes Colorado State Highway 318 in an area November 28, 2007. The application (including route variations) totaling approximately 10 miles northwest of was revised by Rocky Mountain Power 1,425 miles in detail. For this Draft EIS, Maybell, Colorado. The route continues on December 17, 2008, October 11, the No Action Alternative means that south, crossing the Yampa River 5 miles 2010, and January 15, 2013, to reflect the BLM ROW and USFS special-use northeast of Cross Mountain Gorge to a changes in the Project description and authorization for the Project to cross point near U.S. Highway 40 inform the BLM of Rocky Mountain Federal lands would not be granted and approximately 12 miles southwest of Power’s preferred route. the transmission line and ancillary Maybell. At that point, the route avoids Through planning studies analyzing facilities would not be constructed. the Tuttle Ranch Conservation Easement the electrical power system, Rocky The BLM, in coordination with the by paralleling U.S. Highway 40 on the Mountain Power determined its existing USFS and other Federal, State, and local north and crossing the Deerlodge Road, system, last upgraded about 25 years governments and agencies, developed the eastern entrance to Dinosaur ago, needs to be upgraded to ensure the Agency Preferred Alternative National Monument. The route then sufficient capacity and reliable power is through a comparative evaluation of crosses the highway and continues available to its customers. The Project routing opportunities and constraints southwest paralleling the Bonanza to would increase capacity and service and the relative potential impacts Bears Ears 345kV and the Hayden to reliability for its customers in the among the various alternative routes Artesia 138kV transmission lines for region. When completed, the line would and route variations. The Agency approximately 22 miles south of U.S. transmit up to 1,500 megawatts of Preferred Alternative is derived from Highway 40 to approximately 20 miles electricity. The transmission line would currently available information and is east of Dinosaur, Colorado. transmit power from both renewable not a decision. The BLM is inviting the The Alternative COUT–C–3 portion of and thermal energy sources. public to offer comments on the Agency the Agency Preferred Alternative route Cooperating agencies currently include Preferred Alternative, as well as other begins at a point northeast of Rangely, Federal, State, and local agencies along alternative routes and route variations Colorado, where Alternative WYCO–B– all of the alternative routes. The lead presented in the document. 2 ends. From this point, the route agency recognizes 29 cooperating The Draft EIS analyzes the potential continues to parallel the Bears Ears to agencies supporting the Project EIS. environmental consequences of granting Bonanza 345kV and the Hayden to To allow the public an opportunity to a ROW to Rocky Mountain Power to Artesia 138kV transmission lines to the review the proposal and Project construct, operate, and maintain a west toward the Colorado/Utah border. information, the BLM held public 500kV transmission line from the This Agency Preferred Alternative meetings from May 10, 2011, to June 2, Aeolus Substation (near Medicine Bow, alternative route continues to follow the 2011, in: Baggs, Rock Springs, and Carbon County, Wyoming) to the Bears Ears to Bonanza 345kV Rawlins, Wyoming; Craig, Rangely, and planned Clover Substation (near Mona, transmission line southwest toward the Grand Junction, Colorado; and Juab County, Utah) and ancillary Bonanza Power Plant. The route then Roosevelt, Fort Duchesne, Nephi, Price, facilities. The approximately 412-mile continues west/southwest following an Mount Pleasant, and Green River, Utah. Agency Preferred Alternative is underground pipeline through the Uinta Issues and potential impacts to specific discussed below. Basin and crossing the Green River resources were identified during The Agency Preferred Alternative for approximately 8 miles north of Sand scoping and preparation of the Draft this Project is the combination of routes Wash boat launch, continuing west EIS. named Alternative WYCO–B–2 (a route toward the western end of the Tavaputs In response to scoping comments, variation of WYCO–B) and Alternative Plateau. Within the plateau, it traverses Rocky Mountain Power made COUT–C–3 (a route variation of through Argyle Ridge for approximately alternative route modifications and Alternative COUT–C). 12 miles dropping southwest toward variations to its Proposed Action in The Alternative WYCO–B–2 portion U.S. Highway 191. Following the Wyoming, Colorado, and Utah. Some of the Agency Preferred Alternative highway through Indian Canyon for alternative routes presented in scoping route exits the Aeolus Substation within approximately 2 miles; it then crosses were removed from further analysis. the utility corridor designated by the the highway heading west/northwest Alternative routes that were: (1) Wyoming Executive Order 2011–5 for into the Emma Park area (approximately Ineffective (i.e., did not meet the protection of sage-grouse, continuing to 11 miles north of Helper, Utah) toward agencies’ purpose and need); (2) the southwest where it crosses Interstate Soldier Summit for a distance of Technically or economically infeasible; 80 approximately 10 miles east of approximately 21 miles avoiding sage- (3) Inconsistent with the basic policy Sinclair, Wyoming. This Agency grouse leks/habitat to the south and the objectives of the management of an area Preferred Alternative route (described Reservation Ridge Scenic Backway (e.g., land-use plans); (4) Remote or below as the route) continues west on (designated by the USFS) to the north. speculative (i.e., could not be analyzed); the southern side of Interstate 80 It continues west toward U.S. or (5) Substantially similar in design or (approximately 3 to 5 miles south) for Highway 6 and parallels the Spanish effects to another alternative route being approximately 57 miles. The route then Fork to Carbon 138kV transmission line

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northwest for approximately 25 miles be analyzed in the Project EIS, and area within the Project ROW that is through an area near Sheep Creek. It apply only to Federal lands and mineral inconsistent with partial retention continues to parallel the Bonanza to estates administered by the BLM or the Visual Quality Objectives (VQO) that Mona 345kV transmission line toward USFS. could not be mitigated through Thistle, Utah, turning south and crosses Rawlins Field Office Resource application of selective mitigation U.S. Highway 89 near Birdseye, Utah, Management Plan (RMP) (2): measures would be amended from a continuing south/southwest to a point Conversion of an underground utility partial retention VQO to a modification approximately 5 miles north of Fountain corridor to include aboveground VQO. Green, Utah. The route continues to utilities and amending segments of the Ashley National Forest LRMP (2): The parallel the Bonanza to Mona 345kV utility ROW from Visual Resource areas within the Project ROW that are transmission line west through Salt Management (VRM) Class III to Class IV. inconsistent with a retention and partial Creek Canyon, south of Mount Nebo, Little Snake Field Office RMP (2): retention VQO that could not be toward Nephi, Utah, and the Clover Area within the Project’s ROW mitigated through application of Substation. determined to be noncompliant with selective mitigation measures would be The BLM, the USFS, and cooperating VRM Class III objectives would be amended from a retention VQO to a agencies worked together to develop amended to Class IV. modification VQO. alternative routes that would conform to White River Field Office RMP (5): The Uinta-Wasatch-Cache National Forest existing Federal land-use plans. approved RMP would be amended for LRMP (1): The area within the Project However, this objective was not reached decisions regarding ROW exclusion ROW that is inconsistent with the utility for a number of the alternative routes areas for listed plant species. Area corridor limitations would be amended analyzed in the Draft EIS. Plan within the Project’s ROW determined to to include the Project ROW under the amendments that would be necessary to be noncompliant with VRM Class III applicable utility corridor. implement each of the evaluated objectives would be amended to Class The BLM will utilize and coordinate alternatives were identified by affected IV where the Project with appropriate the National Environmental Policy Act agencies and analyzed in Chapter 5 of selective mitigation measures may still comment process to satisfy the public the Draft EIS. The specific land-use plan exceed the acceptable level of change involvement process for Section 106 of amendments that are needed will that could occur within a specific VRM the National Historic Preservation Act depend on which alternative route is class after mitigation. Amend the (16 U.S.C. 470f), as provided for in 36 selected in the BLM’s ROD if the BLM Dragon Trail-Atchee Ridge utility CFR 800.2(d)(3). Ongoing consultations makes a decision to approve the ROW corridor to include overhead linear with Native American tribes will application. Proposed plan amendments facilities. If, after application of all continue in accordance with policy and may be protested to the BLM Director at feasible measures to reduce impacts to tribal concerns, including impacts on the Final EIS stage (43 CFR 1610.5–2). the amendments above, exceptions for Indian trust assets, will be given due The decision to offer a ROW grant may the Project could be granted by the Field consideration. Federal, State, and local be appealed to the Interior Board of Manager to allow for the construction, agencies, along with other stakeholders Land Appeals (43 CFR 2801.10) after the operation, and maintenance of the that may be interested or affected by the BLM issues its ROD. Project in areas that are in conflict with BLM’s decision on this Project, are The USFS’s draft ROD, which would the plan. invited to participate. describe whether or not any special use Grand Junction Field Office RMP (1): The USFS project-specific decisions permits will be issued, and would The area within the Project’s ROW regarding whether or not to issue the describe if any project-level Forest Plan determined to be noncompliant with special use permits and project-specific amendments will be made, may be VRM Class III objectives would be Forest Plan amendments that the USFS objected to using the pre-decisional amended to Class IV. will decide whether or not to make: the objection procedures described in 36 Salt Lake City Field Office RMP (1): Notice of Intent to prepare the EIS was CFR 218 subparts A and B. Legal notice Amend the RMP to include the Project published on April 1, 2011. The of such opportunity to object will ROW as a utility corridor. proposed action is a project or activity appear in the applicable newspapers of Price Field Office RMP (5): Amended implementing a land management plan record at the appropriate time (36 CFR to Class IV the areas within the Project’s and is not authorized under the Healthy 218.26). ROW determined to be noncompliant Forest Restoration Act; therefore, it is In the Final EIS, the BLM will identify with VRM Class III objectives. An subject to subparts A and B of 36 CFR the agency-selected alternative and the exception for the exclusion for ROW Part 218. After the Notice of Intent to requisite proposed plan amendments grants for the Project to occur within the prepare the EIS was published, necessary to implement that alternative. Rock Art ACEC for 0.2 mile. Amend the regulations at 36 CFR Parts 215 and 218 The Agency Preferred Alternative existing Interstate 70 utility corridor to were modified to change the identified in the Draft EIS would 1.5 miles in width. administrative review process for involve nine plan amendments (in five Vernal Field Office RMP (5): Amend proposed USFS projects implementing BLM Field Offices and one National the RMP to address the areas within the land and resource management plans; Forest). The following land-use plan Project’s ROW determined to be 78 FR 18481. Under 36 CFR 218.16, for amendments may be needed to bring the noncompliant with VRM Class II and III all decisions implementing land Project into conformance with the objectives would be adjusted to Class III management plans issued after applicable Resource Management Plans and IV. September 27, 2013, the USFS is for BLM-managed land and Land and Moab Field Office RMP (3): The areas required to follow the pre-decisional Resource Management Plans (Forest within the Project’s ROW determined to administrative review process under 36 Plans) for National Forest System land be noncompliant with VRM Class III CFR Part 218, which replaced the crossed by the Project, depending on objectives would be amended to Class process for notice, comment, and appeal Project approval and on the final route IV. under 36 CFR Part 215 that was in effect selected. All prospective plan Manti-La Sal National Forest Land when this project was proposed. amendments will comply with and Resource Management Plan (LRMP) Further, the amended rule requires that applicable Federal laws and regulations, (1): Amend the LRMP to address the the USFS provide notice that the project

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proposal will be subject to the pre- Wainwright. The public meetings at The Draft Supplemental EIS will decisional review process. The Anaktuvuk Pass, Atqasuk, Barrow, evaluate any relevant new regulation further provides that ‘‘all Nuiqsut, Point Lay, and Wainwright circumstances and information which interested and affected parties who will incorporate subsistence hearings. have arisen since the ASDP Final EIS provided written comment as defined in The date, time, and location of the was issued in September 2004, update subsection 218.2 during scoping or the meetings will be announced on BLM alternatives, and address any changes to comment period will be eligible to Alaska’s Web site, through public CPAI’s proposed development plan for participate in the objections process.’’ notices, media news releases, and/or GMT1. The Draft Supplemental EIS will 36 CFR 218.16(b)(3). The purpose of this other mailings. result in a Record of Decision (ROD) paragraph is to provide notice that the ADDRESSES: Written comments should that will approve, deny, or approve with proposed decisions made by the USFS be mailed to: GMT1 SEIS Comments, modification, CPAI’s application, as for this project will be subject to the pre- Attn: Bridget Psarianos, 222 West 7th decisional review process in 36 CFR well as incorporate any additional Avenue, # 13 Anchorage, AK 99513– mitigation measures that may be Part 218 subparts A and B. 7504; faxed to 907–271–3933; hand relevant. The Draft Supplemental EIS delivered to the BLM Public Information Donald A. Simpson, analyzes CPAI’s proposed project, three Wyoming State Director. Center in the Federal Building, 222 West 7th Avenue, Anchorage, AK action alternatives to the proposed [FR Doc. 2014–03683 Filed 2–20–14; 8:45 am] 99513–7504; or emailed to: project, including an alternative that BILLING CODE 4310–22–P [email protected] does not include a road between GMT1 Copies of the Draft Supplemental EIS and the currently permitted Colville Delta 5 pad, and a no action alternative. DEPARTMENT OF THE INTERIOR are available for public inspection at the BLM Public Information Center in the The key issues in the Draft Bureau of Land Management Federal Building, 222 West 7th Avenue, Supplemental EIS center on oil and gas Anchorage, AK 99513–7504; and the production decisions, the protection of Notice of Availability of the Draft Fairbanks District Office at 1150 physical, biological, and subsistence Supplemental Environmental Impact University Avenue, Fairbanks, AK resources, and the evaluation and Statement for the Alpine Satellite 99709. The Draft Supplemental EIS can consideration of appropriate on-sight Development Plan for the Proposed be reviewed at BLM Alaska’s ePlanning and compensatory mitigation measures. Greater Mooses Tooth Unit Web site at http:www.blm.gov/ak/GMT. Section 810 of the Alaska National Development Project, Alaska A CD or paper copy may be requested Interest Lands Conservation Act by calling Bridget Psarianos, BLM AGENCY: Bureau of Land Management, requires the BLM to evaluate the effects project lead at 907–271–4208. Interior. of the alternatives presented in the Draft FOR FURTHER INFORMATION CONTACT: ACTION: Notice. Supplemental EIS on subsistence Bridget Psarianos, BLM Alaska State activities, and to hold public hearings if SUMMARY: Office, 907–271–4208. Persons who use The Bureau of Land it finds that any alternative may Management (BLM), Arctic Field Office, a telecommunications device for the significantly restrict subsistence Fairbanks, Alaska, issues the Draft deaf (TDD) may call the Federal activities. The analysis of environmental Supplemental Environmental Impact Information Relay Service (FIRS) at 1– Statement (EIS) for public comment and 800–877–8339 to contact the above impacts in the Draft Supplemental EIS announces upcoming public meetings individual during normal business indicates that the action alternatives and and subsistence hearings to receive hours. The FIRS is available 24 hours a the cumulative impacts may comments on the Draft Supplemental day, seven days a week, to leave a significantly restrict subsistence EIS and the proposed project’s potential message or question with the above activities in Nuiqsut; the cumulative to impact subsistence resources and individual. You will receive a reply impacts may also significantly restrict activities. Pursuant to the National during normal business hours. subsistence activities in Barrow, Environmental Policy Act of 1969, as SUPPLEMENTARY INFORMATION: The ASDP Atqasuk, Wainwright, Point Lay, and amended, the Supplemental EIS is being Draft Supplemental EIS analyzes an Anaktuvuk Pass. Therefore, the BLM prepared to supplement the Alpine application by ConocoPhillips, Alaska, will hold public hearings on subsistence Satellite Development Plan (ASDP) Inc. (CPAI) for issuance of a right-of-way in conjunction with the public meetings Final EIS, dated September 2004, grant and related authorizations to in the potentially affected communities regarding the establishment of satellite construct, operate, and maintain a drill of Anaktuvuk Pass, Atqasuk, Barrow, oil production pads and associated site, access road, pipelines, and Nuiqsut, Point Lay, and Wainwright. infrastructure within the Alpine field. ancillary facilities to support Written comments should be DATES: To ensure comments will be development of petroleum resources at submitted by any of the methods listed the Greater Mooses Tooth Unit # 1 considered, the BLM must receive in the ADDRESSES section. Before (GMT1) drill site within the National written comments on the Draft including your address, phone number, Petroleum Reserve in Alaska (NPR–A). Supplemental EIS within 60 days email address, or other personal following the date the Environmental The BLM manages the surface and identifying information in your Protection Agency publishes its Notice subsurface at the proposed drill site and comment, you should be aware that of Availability in the Federal Register. a majority of the proposed infield road Written comments on the Draft and pipeline route is on BLM-managed your entire comment—including your Supplemental EIS will be accepted until lands. The proposed GMT1 site is personal identifying information—may April 22, 2014. approximately 14 miles west of the be made publicly available at any time. Draft Supplemental EIS public CPAI-operated Alpine Central While you can ask us in your comment meetings will be held in the following Processing Facility (CD–1). The to withhold your personal identifying communities in Alaska: Anaktuvuk proposed drill site would be operated information from public view, we Pass, Anchorage, Atqasuk, Barrow, and maintained by Alpine staff and cannot guarantee that we will be able to Fairbanks, Nuiqsut, Point Lay, and supported using CD–1 infrastructure. do so.

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Authority: 40 CFR 1502.9, 40 CFR 1506.6, (MW) solar energy generation facility amendment identified in the Draft 43 CFR Part 2880. within a 13,184-acre area of public land Supplemental EIS/proposed RMP Bud Cribley, east of Primm, Nevada. The BLM amendment was to: (1) Reduce the State Director. prepared a Draft and Final acreage of the SRMA by the project Supplemental Environmental Impact [FR Doc. 2014–03682 Filed 2–20–14; 8:45 am] footprint (if approved); and (2) Change Statement (EIS) and proposed RMP the Visual Resource Management (VRM) BILLING CODE 4310–JA–P amendment in consultation with class from VRM Class III to IV for the cooperating agencies, taking into project footprint (if approved). In the DEPARTMENT OF THE INTERIOR account public comments received Final Supplemental EIS/proposed RMP during the National Environmental amendment, the BLM Preferred Bureau of Land Management Policy Act process. The Final Alternative also included a 31,859-acre Supplemental EIS/proposed RMP [LLNVSO3100 L51010000 ER0000 area for designation as an ACEC for LVRWF1304100.241A; 14–08807; MO# amendment provides a framework for desert tortoise protection and 4500060501; TAS: 14X5017] the future management direction and management prescriptions that would appropriate use of the project area, be required for the designated ACEC. Notice of Availability of the Record of located in Clark County, Nevada. Decision for the Final Supplemental Because the BLM would need to amend The Environmental Protection Agency Environmental Impact Statement and the October 1998 Las Vegas RMP to and the BLM published the Notice of the Proposed Resource Management address proposed changes in land and Availability for the Final Supplemental Plan Amendment for the Silver State resource use within the project area, the EIS/proposed RMP amendment Solar South Project, Clark County, NV Supplemental EIS/proposed RMP concurrently in the Federal Register (78 amendment considered land use FR 57849 and 78 FR 57880) on Friday, AGENCY: Bureau of Land Management, planning decisions and implementation September 20, 2013, initiating a 30-day Interior. decisions to guide the BLM’s protest period and a 60-day Governor’s ACTION: Notice of availability. management of the project area. The consistency review. The BLM received SUMMARY: The Bureau of Land implementation decision to be made 12 timely protests, which were resolved Management (BLM) announces the was whether to approve, approve with prior to the issuance of the ROD. The availability of the Record of Decision modifications, or deny the issuance of protest resolution is summarized in the (ROD) for the Silver State Solar South ROW grant applied for by Silver State ROD and is addressed in the separate Project and Proposed Las Vegas Field Solar Power South, LLC, a wholly- Director’s Protest Summary Resolution Office Resource Management Plan owned subsidiary of First Solar, Inc. Report attached to the ROD. The (RMP) amendment. The Principal The planning decisions to be made were proposed amendment to the Las Vegas Deputy Assistant Secretary for Land and to: (1) Reduce the size of the Jean Lake/ Field Office RMP was not modified as Minerals Management signed the ROD Roach Lake Special Recreation a result of the protests received or the on February 14, 2014, which constitutes Management Area (SRMA) to ensure resolution. The Governor of Nevada the final decision of the Department. that the proposed ROW grant is in conducted a consistency review of the conformance with the Las Vegas Field ADDRESSES: Copies of the ROD/ proposed amendment to the Las Vegas Office RMP and to ensure a balanced approved RMP amendment are available Field Office RMP to identify any use of the public lands and the for public inspection or upon request at resources affected by those uses; (2) inconsistencies with State or local the Southern Nevada District Office, Revise the Visual Resource Management plans, policies or programs. No Bureau of Land Management, 4701 N. classification of lands within the project inconsistencies were identified by the Torrey Pines Drive, Las Vegas, NV footprint to ensure management is in Governor’s office. 89130 or via the Internet at http:// conformance with Las Vegas Field The ROD approves the BLM Preferred www.blm.gov/nv/st/en/fo/lvfo/blm_ Office RMP decisions; and (3) Designate Alternative for the Silver State Solar programs/energy/Silver_State_Solar_ an Area of Critical Environmental South.html. South project and all mitigation Concern (ACEC) and identify measures identified in the Final FOR FURTHER INFORMATION CONTACT: Greg management prescriptions for a portion Supplemental EIS/proposed RMP Helseth, Renewable Energy Project of the proposed ACEC nomination area. amendment. The ROD also approves the Manager, telephone 702–515–5173; The BLM Preferred Alternative for the BLM Preferred Alternative for the RMP address 4701 N. Torrey Pines Drive, Las implementation decision was developed amendment to: (1) Remove the SRMA Vegas, NV 89130; email ghelseth@ after release of the Draft Supplemental designation within the ROW grant area; blm.gov. Persons who use a EIS/proposed RMP amendment to (2) Change the VRM classification from telecommunications device for the deaf address public and agency concerns Class III to Class IV within the ROW (TDD) may call the Federal Information related to desert tortoise demographic grant area; and (3) Designate a 31,859- Relay Service (FIRS) at 1–800–877–8339 connectivity within the Ivanpah Valley, acre ACEC adjacent to the ROW grant to contact Mr. Helseth during normal and agency and public interest in a area and adopt the management business hours. The FIRS is available 24 reduced-scale project. The BLM hours a day, 7 days a week, to leave a Preferred Alternative is smaller in area prescriptions for the ACEC identified in message or question for Mr. Helseth. and electricity generation capacity is the Final Supplemental EIS/proposed You will receive a reply during normal reduced to 250 MW. The BLM Preferred RMP amendment. business hours. Alternative would disturb up to 2,427 Because this decision is approved by SUPPLEMENTARY INFORMATION: Silver acres of Federal land entirely within the the Principal Deputy Assistant Secretary State Solar Power South, LLC, footprint of alternatives analyzed in the of the Interior, it is not subject to submitted a right-of-way (ROW) Draft and Final Supplemental EIS/ administrative appeal (43 CFR application for the construction, proposed RMP amendment, and thus 4.410(a)(3)). operation, maintenance, and involves no new areas of effect. The termination of a 250–350 megawatt BLM Preferred Alternative for the RMP

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Authority: 40 CFR 1506.6, 40 CFR way (ROW) grant authorization to or local plan, policies or programs; no 1506.10, 43 CFR 1610.2; 43 CFR 1610.5. construct, operate, maintain and inconsistencies were identified. Neil Kornze, decommission the 300-Megawatt (MW) Because this decision is approved by photovoltaic Stateline Solar Farm the Secretary of the Interior, it is not Principal Deputy Director, Bureau of Land Management, U.S. Department of the Interior. Project (SSFP). The proposed project subject to administrative appeal (43 CFR includes access roads, photovoltaic 4.410(a)(3)). [FR Doc. 2014–03685 Filed 2–20–14; 8:45 am] arrays, an electrical substation, Authority: 40 CFR 1506.6. BILLING CODE 4310–HC–P meteorological station, monitoring and maintenance facility, water wells, and a Neil Kornze, Principal Deputy Director. DEPARTMENT OF THE INTERIOR 2.3 mile generation tie-line on up to 2,143 acres. The project location is in [FR Doc. 2014–03678 Filed 2–20–14; 8:45 am] Bureau of Land Management San Bernardino County approximately 2 BILLING CODE 4310–40–P miles south of the Nevada-California [CACA–048669, LLCAD09000, border and 0.5 miles west of Interstate L51010000.LVRWB09B2380.ER0000] 15. INTERNATIONAL TRADE The Agency-Selected Alternative Notice of Availability of the Record of COMMISSION consists of a 300–MW solar PV facility Decision for the Stateline Solar Farm encompassing 1,685 acres on a single, [Investigation No. 337–TA–881] Project and California Desert contiguous footprint, which was Conservation Area Plan Amendment, Certain Windshield Wiper Devices and described in the Final EIS as the San Bernardino County, California Components Thereof; Notice of Revised Alternative 3: 1,685 Acre Commission Determination Not To AGENCY: Bureau of Land Management, Alternative. Review an Initial Determination The project site is located in the Interior. Granting Complainants’ Motion To California Desert District within the ACTION: Notice of availability. Amend the Complaint and Notice of planning boundary of the CDCA Plan, Investigation SUMMARY: The Bureau of Land which is the applicable resource Management (BLM) announces the management plan for the project site AGENCY: U.S. International Trade availability of the Record of Decision and surrounding areas. The CDCA Plan, Commission. (ROD)/Approved Amendment to the while recognizing the potential ACTION: Notice. California Desert Conservation Area compatibility of solar energy generation Plan (CDCA Plan) for the Stateline Solar facilities with other uses on public SUMMARY: Notice is hereby given that Farm Project (SSFP). The Principal lands, requires that all sites associated the U.S. International Trade Deputy Assistant Secretary, Land and with power generation or transmission Commission has determined not to Minerals Management, approved the not already identified in the Plan be review the presiding administrative law ROD on February 14, 2014, which considered through the BLM’s land use judge’s (‘‘ALJ’’) initial determination constitutes the final decision of the plan amendment process. As a result, (‘‘ID’’) (Order No. 27) granting the Department. prior to approval of a ROW grant for the motion of complainants Federal-Mogul SSFP, the BLM must amend the CDCA Corporation of Southfield, Michigan and ADDRESSES: Copies of the ROD/ Plan to allow the solar energy generating Federal-Mogul S.A. of Aubange, Approved Amendment to the CDCA project on that site. The approved Belgium (collectively ‘‘Federal-Mogul’’) Plan are available upon request from the Amendment to the CDCA Plan to amend the complaint to correct BLM Field Manager, Needles Field specifically revises the CDCA Plan to respondent Trico Corporation’s Office, 1303 S. Highway 95, Needles, allow for the development of the SSFP corporate name and to identify CA 92363, and at the California Desert and ancillary facilities on land managed additional accused products. District Office, 22835 Calle San Juan de by the BLM. FOR FURTHER INFORMATION CONTACT: Los Lagos, Moreno Valley, CA 92553, or A Notice of Availability of the Megan M. Valentine, Office of the via the Internet at the following Web proposed plan amendment/final EIS for General Counsel, U.S. International site: http://www.blm.gov/ca/st/en/fo/ _ _ the SSFP was published in the Federal Trade Commission, 500 E Street SW., needles/stateline solar farm.html. Register on November 15, 2013 (78 FR Washington, DC 20436, telephone (202) FOR FURTHER INFORMATION CONTACT: 68860). Publication of the Notice of 708–2301. Copies of non-confidential Jeffery Childers, BLM Project Manager, Availability for the plan amendment/ documents filed in connection with this telephone, 951–697–5308; mail, BLM final EIS initiated a 30-day protest investigation are or will be available for California Desert District Office, 22835 period for the proposed amendment to inspection during official business Calle San Juan de Los Lagos, Moreno the CDCA Plan. At the close of the 30- hours (8:45 a.m. to 5:15 p.m.) in the Valley, CA 92553–9046; or email day period, seven timely and complete Office of the Secretary, U.S. [email protected]. written protests were received and International Trade Commission, 500 E Persons who use a thereafter resolved. Their resolution is Street SW., Washington, DC 20436, telecommunications device for the deaf summarized in the Director’s Protest telephone (202) 205–2000. General (TDD) may call the Federal Information Summary Report attached to the ROD. information concerning the Commission Relay Service (FIRS) at 1–800–877–8339 While the Director’s resolution of may also be obtained by accessing its to contact Mr. Childers during normal protests did not identify any issues to be Internet server at http://www.usitc.gov. business hours. The FIRS is available 24 remanded, the BLM made minor The public record for this investigation hours a day, 7 days a week, to leave a corrections and clarifying statements as may be viewed on the Commission’s message or question for Mr. Childers. a result of protests. electronic docket (EDIS) at http:// You will receive a reply during normal Simultaneously with the protest edis.usitc.gov. Hearing-impaired business hours. period, the Governor of California persons are advised that information on SUPPLEMENTARY INFORMATION: The conducted a 30-day consistency review this matter can be obtained by applicant, First Solar Development, of the proposed plan amendment to contacting the Commission’s TDD LLC, filed an application for a right-of- identify any inconsistencies with State terminal on (202) 205–1810.

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SUPPLEMENTARY INFORMATION: The Issued: February 18, 2014. Information Services Division will be Commission instituted this investigation William R. Bishop, submitting the following information on June 11, 2013, based on a complaint Supervisory Hearings and Information collection request to the Office of filed by Federal-Mogul. 78 FR 35050–51 Officer. Management and Budget (OMB) for (June 11, 2013). The complaint alleges [FR Doc. 2014–03700 Filed 2–20–14; 8:45 am] review and clearance in accordance violations of section 337 of the Tariff BILLING CODE 7020–02–P with established review procedures of Act of 1930, as amended, 19 U.S.C. the Paperwork Reduction Act of 1995. 1337, by reason of infringement of The proposed information collection is certain claims of U.S. Patent No. INTERNATIONAL TRADE published to obtain comments from the 8,347,449. The complaint further alleges COMMISSION public and affected agencies. Comments are encouraged and will be accepted the existence of a domestic industry. [USITC SE–14–006] The Commission’s Notice of until April 22, 2014. Investigation named as respondents Meeting; Government in the Sunshine This process is conducted in Trico Corporation of Rochester Hills, Act accordance with 5 CFR 1320.10. Michigan (‘‘Trico Corp.’’); Trico All comments, suggestions, or Products of Brownsville, Texas; and AGENCY HOLDING THE MEETING: United questions regarding additional Trico Components, SA de CV of States International Trade Commission. information, to include obtaining a copy Matamoros, Mexico. The Office of TIME AND DATE: February 28, 2014 at of the proposed information collection Unfair Import Investigations was also 11:00 a.m. instrument with instructions, should be directed to Mrs. Amy C. Blasher, Unit named as a party. PLACE: Room 101, 500 E Street SW., Chief, Federal Bureau of Investigation, On December 23, 2013, Federal-Mogul Washington, DC 20436, Telephone: Criminal Justice Information Services filed a motion for leave to amend the (202) 205–2000. Division, Module E–3, 1000 Custer complaint and notice of investigation STATUS: Open to the public. Hollow Road, Clarksburg, West Virginia (‘‘NOI’’) to correct Trico Corp.’s MATTERS TO BE CONSIDERED: 26306, or facsimile to (304) 625–3566. corporate name to Trico Products 1. Agendas for future meetings: none. Written comments and suggestions Corporation and to identify additional 2. Minutes. from the public and affected agencies accused products. The motion indicated 3. Ratification List. concerning the proposed collection of that the Commission investigative 4. Vote in Inv. Nos. 701–TA–450 and information are encouraged. Comments attorney did not oppose the motion. 731–TA–1122 (Review) (Laminated should address one or more of the Respondents did not file a response. Woven Sacks from China). The following four points: On January 22, 2014, the ALJ issued Commission is currently scheduled to (1) Evaluate whether the proposed the subject ID, granting Federal-Mogul’s complete and file its determinations and collection of information is necessary motion pursuant to section 210.14(b)(1) views of the Commission on March 11, for the proper performance of the of the Commission’s Rules of Practice 2014. functions of the agency, including and Procedure (19 CFR 210.14(b)(1)). 5. Outstanding action jackets: none. whether the information will have The ALJ found that good cause exists to In accordance with Commission practical utility; amend the complaint and NOI to correct policy, subject matter listed above, not (2) Evaluate the accuracy of the Trico Product Corporation’s corporate disposed of at the scheduled meeting, agency’s estimate of the burden of the name and to add the additional may be carried over to the agenda of the proposed collection of information, products. The ALJ noted that Federal- following meeting. including the validity of the Mogul learned that it had incorrectly Issued: February 18, 2014. methodology and assumptions used; (3) Enhance the quality, utility, and identified Trico Product Corporation By order of the Commission. clarity of the information to be only after filing its complaint. The ALJ William R. Bishop, collected; and also found that Federal-Mogul learned Supervisory Hearings and Information (4) Minimize the burden of the of the additional products during Officer. collection of information on those who discovery, and thus, after filing its [FR Doc. 2014–03804 Filed 2–19–14; 11:15 am] are to respond, including through the complaint. The ALJ noted that no party BILLING CODE 7020–02–P use of appropriate automated, opposed the motion, that Trico Products electronic, mechanical, or other Corporation has fully participated in the technological collection techniques of investigation, and that the parties have DEPARTMENT OF JUSTICE other forms of information technology, already addressed the additional [OMB Number 1110–0009] e.g., permitting electronic submission of products during discovery and in their responses. pretrial submissions. The ALJ, therefore, Agency Information Collection found that no party would be prejudiced Overview of this Information Collection Activities: Proposed Collection, by the amendment. No petitions for Comments Requested; Extension of a (1) Type of information collection: review were filed. Currently Approved Collection; Law Extension of a currently approved The Commission has determined not Enforcement Officers Killed and collection. to review the ID. Assaulted Program, Analysis of (2) The title of the form/collection: Law Enforcement Officers Killed and The authority for the Commission’s Officers Feloniously Killed and Assaulted Program, Analysis of Officers determination is contained in section Assaulted; and Law Enforcement Feloniously Killed and Assaulted 337 of the Tariff Act of 1930, as Officers Killed and Assaulted Program, Program; and Law Enforcement Officers amended (19 U.S.C. 1337), and in Part Analysis of Officers Accidentally Killed Killed and Assaulted, Analysis of 210 of the Commission’s Rules of ACTION: 60-Day notice. Officers Accidentally Killed. Practice and Procedure (19 CFR Part (3) The agency form number, if any, 210). The Department of Justice, Federal and the applicable component of the By order of the Commission. Bureau of Investigation, Criminal Justice department sponsoring the collection:

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Forms 1–701 and 1–701a; Criminal Indiana Code, Title 327 of the Indiana reproduction cost) payable to the United Justice Information Services Division, Administrative Code, and certain terms States Treasury. Federal Bureau of Investigation, and conditions of National Pollution Maureen Katz, Department of Justice. Discharge Elimination System permits (4) Affected public who will be asked that Indiana issued to the City of Assistant Section Chief, Environmental or required to respond, as well as a brief Enforcement Section, Environment and Mishawaka (Mishawaka) for the relevant Natural Resources Division. abstract: Primary: City, county, state, time periods, related to alleged [FR Doc. 2014–03714 Filed 2–20–14; 8:45 am] tribal, and federal law enforcement discharges of untreated sewage from agencies. Under Title 28, U.S. Code, Mishawaka’s combined sewer collection BILLING CODE 4410–15–P Section 534, Acquisition, Preservation, system, i.e. ‘‘combined sewer and Exchange of Identification Records; overflows,’’ during wet weather events, DEPARTMENT OF JUSTICE Appointment of Officials this collection and some dry weather time periods, into requests the number of officers killed or ‘‘waters of the United States’’ and Notice of Lodging of Proposed assaulted from city, county, state, tribal, ‘‘waters of the state.’’ Consent Decree Under the and federal law enforcement agencies in The proposed Consent Decree would Comprehensive Environmental order for the FBI Uniform Crime require Mishawaka to reduce its Response, Compensation, and Liability Reporting Program to serve as the combined sewer overflows by Act national clearinghouse for the collection comprehensively upgrading and and dissemination of law enforcement On February 14, 2014, the Department expanding its sewage collection, storage, of Justice lodged a proposed Consent officer death/assault data and to publish conveyance, and treatment system, at a these statistics in Law Enforcement Decree with the United States District cost of approximately $132.1 million in Court for the Southern District of New Officers Killed and Assaulted. 2007 dollars. Mishawaka must complete (5) An estimate of the total number of York in the lawsuit entitled United these improvements by December 31, respondents and the amount of time States v. International Business 2031 or, if Mishawaka demonstrates estimated for an average respondent to Machines Corp., Case No. 14 Civ. 0936. financial hardship, by December 31, respond: There are approximately 184 The Consent Decree resolves the claims 2036. Additionally, the proposed Decree law enforcement agency respondents; of Plaintiff set forth in the complaint requires Mishawaka to pay a total civil calculated estimates indicate 1 hour per against Defendant regarding the penalty of $28,000 split equally between report. Shenandoah Road Superfund Site in (6) An estimate of the total public the United States and the State of East Fishkill, New York, under Sections burden (in hours) associated with this Indiana. 106 and 107(a) of the Comprehensive collection: There are approximately 184 The publication of this notice opens Environmental Response, hours, annual burden, associated with a period for public comment on the Compensation, and Liability Act, 42 this information collection. proposed Consent Decree. Comments U.S.C. 9606 and 9607(a). Under the If additional information is required should be addressed to the Assistant proposed Consent Decree, Defendant contact: Jerri Murray, Department Attorney General, Environment and has agreed to implement the remedy Clearance Officer, Policy and Planning Natural Resources Division, and should selected by the Environmental Staff, Justice Management Division, refer to United States and State of Protection Agency in September 2012 to United States Department of Justice, Indiana v. City of Mishawaka, Indiana, address the groundwater contamination Two Constitutional Square, 145 N Street D.J. Ref. 90–5–1–1–08205. All at the Site, to pay past response costs of NE., Room 3W–1407B, Washington, DC comments must be submitted no later $225,000, and to pay future response 20530. than thirty (30) days after the costs. The publication of this notice opens Dated: February 18, 2014. publication date of this notice. a period for public comment on the Jerri Murray, Comments may be submitted either by email or by mail: Consent Decree. Comments should be Department Clearance Officer, United States addressed to the Assistant Attorney Department of Justice. General, Environment and Natural To submit Send them to: [FR Doc. 2014–03686 Filed 2–20–14; 8:45 am] comments: Resources Division, and should refer to BILLING CODE 4410–02–P United States v. International Business By email ... pubcomment-ees.enrd@ Machines Corp., DJ#: 90–11–3–10844. usdoj.gov. All comments must be submitted no DEPARTMENT OF JUSTICE By mail ..... Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, later than thirty (30) days after the Notice of Lodging of Proposed Washington, DC 20044–7611. publication date of this notice. Consent Decree Under the Clean Water Comments may be submitted either by email or by mail: Act During the public comment period, the proposed Consent Decree may be On February 12, 2014, the Department To submit Send them to: of Justice lodged a proposed Consent examined and downloaded at this comments: Decree in with the United States District Justice Department Web site: http:// _ By e-mail ...... pubcomment-ees.enrd@ Court for the Northern District of www.usdoj.gov/enrd/Consent Decrees.html. We will provide a paper usdoj.gov. Indiana in the lawsuit entitled United By mail ...... Assistant Attorney General, States and State of Indiana v. City of copy of the proposed Consent Decree upon written request and payment of U.S. DOJ—ENRD, P.O. Mishawaka, Indiana, Civil Action No. Box 7611, Washington, 3:14CV281. reproduction costs. Please mail your DC 20044–7611. In this case, the United States and the request and payment to: Consent Decree State of Indiana (Indiana) seek civil Library, U.S. DOJ—ENRD, P.O. Box During the public comment period, penalties and injunctive relief for 7611, Washington, DC 20044–7611. the Consent Decree may be examined violations of the Clean Water Act, 33 Please enclose a check or money order and downloaded at this Justice U.S.C. 1251 et seq., Title 13 of the for $16.25 (25 cents per page Department Web site: http://

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www.usdoj.gov/enrd/Consent_ Budget, Room 10235, 725 17th Street Interested parties are encouraged to Decrees.html. NW., Washington, DC 20503; by Fax: send comments to the OMB, Office of We will provide a paper copy of the 202–395–6881 (this is not a toll-free Information and Regulatory Affairs at Consent Decree upon written request number); or by email: OIRA_ the address shown in the ADDRESSES and payment of reproduction costs. [email protected]. Commenters section within 30 days of publication of Please mail your request and payment are encouraged, but not required, to this notice in the Federal Register. In to: Consent Decree Library, U.S. DOJ— send a courtesy copy of any comments order to help ensure appropriate ENRD, P.O. Box 7611, Washington, DC by mail or courier to the U.S. consideration, comments should 20044–7611. Department of Labor-OASAM, Office of mention OMB Control Number 1240– Please enclose a check or money order the Chief Information Officer, Attn: 0026. The OMB is particularly for $54.25 (25 cents per page Departmental Information Compliance interested in comments that: reproduction cost) payable to the United Management Program, Room N1301, • Evaluate whether the proposed States Treasury. 200 Constitution Avenue NW., collection of information is necessary Washington, DC 20210; or by email: for the proper performance of the Robert E. Maher, Jr., [email protected]. functions of the agency, including Assistant Section Chief, Environmental FOR FURTHER INFORMATION CONTACT: whether the information will have Enforcement Section, Environment and practical utility; Natural Resources Division. Contact Michel Smyth by telephone at 202–693–4129, TTY 202–693–8064, • Evaluate the accuracy of the [FR Doc. 2014–03661 Filed 2–20–14; 8:45 am] (these are not toll-free numbers) or by agency’s estimate of the burden of the BILLING CODE 4410–15–P email at [email protected]. proposed collection of information, Authority: 44 U.S.C. 3507(a)(1)(D). including the validity of the methodology and assumptions used; DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: This ICR • Enhance the quality, utility, and seeks to extend PRA authorization for clarity of the information to be Office of the Secretary the Application for Continuation of collected; and Death Benefit for Student, Form LS–266 • Minimize the burden of the Agency Information Collection and codified in regulations 20 CFR collection of information on those who Activities; Submission for OMB 702.121. The OWCP uses Form LS–266 are to respond, including through the Review; Comment Request; as an application for continuation of use of appropriate automated, Application for Continuation of Death death benefits for a dependent who is a electronic, mechanical, or other Benefit for Student student. The benefit may be applied for technological collection techniques or in any format (e.g., by letter); provided other forms of information technology, ACTION: Notice. that, the request contains all the e.g., permitting electronic submission of information required by the regulation. SUMMARY: The Department of Labor responses. This information collection is subject (DOL) is submitting the Office of Agency: DOL–OWCP. to the PRA. A Federal agency generally Workers’ Compensation Programs Title of Collection: Application for cannot conduct or sponsor a collection (OWCP) sponsored information Continuation of Death Benefit for of information, and the public is collection request (ICR) titled, Student. generally not required to respond to an ‘‘Application for Continuation of Death OMB Control Number: 1240–0026. information collection, unless it is Affected Public: Individuals or Benefit for Student,’’ to the Office of approved by the OMB under the PRA Households. Management and Budget (OMB) for and displays a currently valid OMB Total Estimated Number of review and approval for continued use, Control Number. In addition, Respondents: 20. without change, in accordance with the notwithstanding any other provisions of Total Estimated Number of Paperwork Reduction Act of 1995 law, no person shall generally be subject Responses: 20. (PRA), 44 U.S.C. 3501 et seq. to penalty for failing to comply with a Total Estimated Annual Time Burden: DATES: Submit comments on or before collection of information that does not 10 hours. March 24, 2014. display a valid Control Number. See 5 Total Estimated Annual Other Costs ADDRESSES: A copy of this ICR with CFR 1320.5(a) and 1320.6. The DOL Burden: $10. applicable supporting documentation; obtains OMB approval for this Dated: February 13, 2014. including a description of the likely information collection under Control Michel Smyth, respondents, proposed frequency of Number 1240–0026. Departmental Clearance Officer. response, and estimated total burden OMB authorization for an ICR cannot [FR Doc. 2014–03701 Filed 2–20–14; 8:45 am] may be obtained free of charge from the be for more than three (3) years without BILLING CODE 4510–CF–P RegInfo.gov Web site at http:// renewal, and the current approval for www.reginfo.gov/public/do/ this collection is scheduled to expire on PRAViewICR?ref_nbr=201311–1240–002 March 31, 2014. The DOL seeks to NATIONAL AERONAUTICS AND (this link will only become active on the extend PRA authorization for this SPACE ADMINISTRATION day following publication of this notice) information collection for three (3) more or by contacting Michel Smyth by years, without any change to existing [Notice: (14–021)] telephone at 202–693–4129, TTY 202– requirements. The DOL notes that 693–8064, (these are not toll-free existing information collection NASA Asteroid Initiative Opportunities numbers) or by email at DOL_PRA_ requirements submitted to the OMB Forum [email protected]. receive a month-to-month extension AGENCY: National Aeronautics and Submit comments about this request while they undergo review. For Space Administration. by mail or courier to the Office of additional substantive information ACTION: Notice of public forum. Information and Regulatory Affairs, about this ICR, see the related notice Attn: OMB Desk Officer for DOL– published in the Federal Register on SUMMARY: The National Aeronautics and OWCP, Office of Management and November 15, 2013 (78 FR 68867). Space Administration announces a

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public forum to provide a status on the Security update of the estimated impacts from agency’s asteroid initiative planning, Event attendees will not be required transporting spent nuclear fuel (SNF) by including ongoing studies and to check in at the security desk to obtain highway or railway in NRC certified opportunities for engagement following a visitor’s badge. However, participants casks under both routine and accident the request for information last summer. will be subject to personal inspection conditions. NASA experts will provide an overview (e.g., passing through a metal detector), ADDRESSES: Please refer to Docket ID of an Asteroid Initiative Announcement prior to entering the auditorium. NRC–2012–0108 when contacting the of Opportunities (scheduled to release NRC about the availability of Press on or before the date of the forum) and information regarding this document. announce new engagement News media interested in attending You may access publicly-available opportunities related to the Asteroid are required to pre-register and should information related to this document Grand Challenge. contact Sarah Becky Ramsey at 202– using any of the following methods: DATES: Wednesday, March 26, 2014, 358–1694 for additional information. • Federal Rulemaking Web site: Go to 12:30–4:30 p.m. EDT. http://www.regulations.gov and search Directions Location: James E. Webb Auditorium. for Docket ID NRC–2012–0108. Address ADDRESSES: NASA Headquarters, 300 E Directions to NASA Headquarters are questions about NRC dockets to Carol Street SW., Washington, DC 20546. available online at the following URL: Gallagher; telephone: 301–287–3422; FOR FURTHER INFORMATION CONTACT: http://www.nasa.gov/centers/hq/about/ email: [email protected]. For Chris Moore, 202.358.4650. map.html. technical questions, contact the SUPPLEMENTARY INFORMATION: Driving individual(s) listed in the FOR FURTHER • This forum will be open to the INFORMATION CONTACT section of this Parking lots are located near the document. public up to the seating capacity of the NASA Headquarters building. Check the • room. NRC’s Agencywide Documents • local yellow pages or Internet for exact Access and Management System This meeting will be streamed live locations. online. Viewing options will be posted (ADAMS): You may access publicly at www.nasa.gov/asteroidinitiative prior Metro available documents online in the NRC Library at http://www.nrc.gov/reading- to the event. Metro stops nearest NASA • rm/adams.html. To begin the search, The agenda for this meeting Headquarters are L’Enfant Plaza (orange, includes the following topics: select ‘‘ADAMS Public Documents’’ and blue, yellow, and green lines) and then select ‘‘Begin Web-based ADAMS Æ Update on Asteroid Redirect Mission Federal Center SW. (orange and blue Search.’’ For problems with ADAMS, studies lines). please contact the NRC’s Public Æ Technology needs related to the From L’Enfant Plaza station, take the Asteroid Redirect Mission Document Room (PDR) reference staff at Department of Transportation exit and 1–800–397–4209, 301–415–4737, or by Æ Mission capabilities extension to turn left at the top of the escalators. commercial applications and human- email to [email protected]. The Head east (on School St. or E St. SW.) ADAMS accession number for each class Mars missions and south (on 4th or 6th St. SW.) to Æ Broad Agency Announcement for document referenced in this document arrive at the west entrance of the NASA (if that document is available in alternate capture systems concepts, building near the corner of E St. SW. rendezvous sensor systems, secondary ADAMS) is provided the first time that and 4th St. SW. a document is referenced. The NUREG payloads, and commercial and From the exit of the Federal Center is available electronically under international partnership SW. metro station, head south on 3rd St. ADAMS Accession No. ML14031A323. opportunities SW. and then west on E St. SW. to Æ • NRC’s PDR: You may examine and Asteroid Grand Challenge arrive at the west entrance of the NASA engagement opportunities purchase copies of public documents at building near the corner of E St. SW. the NRC’s PDR, Room O1–F21, One Registration and 4th St. SW. White Flint North, 11555 Rockville Individuals who plan to attend the William Gerstenmaier, Pike, Rockville, Maryland 20852. Asteroid Initiative Opportunities Forum Associate Administrator, Human Exploration FOR FURTHER INFORMATION CONTACT: John in person must register online. Due to & Operations Mission Directorate. R. Cook, Office of Nuclear Material, capacity limitations, a maximum of 150 [FR Doc. 2014–03657 Filed 2–20–14; 8:45 am] Safety and Safeguards, telephone: 301– registrations will be accepted. Those BILLING CODE 7510–13–P 287–9206; email: [email protected]; who intend to watch the live web U.S. Nuclear Regulatory Commission, stream are also encouraged to register as Washington DC 20555–0001. a virtual participant. Registration will NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: open on Monday, February 24th. Details COMMISSION I. Discussion will be posted at www.nasa.gov/ asteroidinitiative. [NRC–2012–0108] NUREG–2125, ‘‘Spent Fuel Transportation Risk Assessment,’’ Spent Fuel Transportation Risk Check In provides an update of the estimated Assessment Any individuals who have registered impacts from transporting spent nuclear to attend the Asteroid Initiative AGENCY: Nuclear Regulatory fuel (SNF) by highway or railway in Opportunities Forum should enter the Commission. NRC certified casks under both routine west lobby doors of the NASA ACTION: NUREG; issuance. and accident conditions. The draft Headquarters building at 300 E Street, NUREG–2125 (ML12125A218) was SW., Washington, DC. Upon arrival, all SUMMARY: The U.S. Nuclear Regulatory issued on May 14, 2012 with a 60-day participants will be required to check in Commission (NRC) is issuing NUREG– public comment period (77 FR 28406). at the registration table located in the 2125, ‘‘Spent Fuel Transportation Risk The NRC received 4 public comments lobby and show photo identification. Assessment.’’ This NUREG provides an and the resolution of these comments is

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included in the Public Comment PENSION BENEFIT GUARANTY SUPPLEMENTARY INFORMATION: The Resolution Report (ADAMS Accession CORPORATION Employee Retirement Income Security No. ML13249A337). In addition, the Act of 1974 (ERISA) contains three report was reviewed by the NRC Proposed Submission of Information separate sets of provisions—in Title I Advisory Committee on Reactor Collection for OMB Review; Comment (Labor provisions), Title II (Internal Safeguards Subcommittee on Radiation Request; Annual Reporting (Form 5500 Revenue Code provisions), and Title IV Protection and Nuclear Materials and by Series) PBGC provisions)—requiring administrators of employee benefit the full Advisory Committee on Reactor AGENCY: Pension Benefit Guaranty pension and welfare plans (collectively Safeguards (ACRS). The responses to Corporation. comments from these two committees referred to as employee benefit plans) to ACTION: Notice of intention to request are included in the ACRS Comment file returns or reports annually with the extension of OMB approval, with federal government. Resolution Report (ADAMS Accession modifications. No. ML13249A340). The final NUREG PBGC, the Department of Labor (DOL), and the Internal Revenue Service incorporates changes to address public SUMMARY: The Pension Benefit Guaranty and ACRS comments. Corporation (PBGC) intends to request (IRS) work together to produce the Form that the Office of Management and 5500 Annual Return/Report for The risks associated with SNF Employee Benefit Plan and Form 5500– transportation come from the radiation Budget (OMB) extend approval (with modifications), under the Paperwork SF Short Form Annual Return/Report that the spent fuel emits, which is for Small Employee Benefit Plan (Form reduced—but not eliminated—by the Reduction Act of 1995, of its collection of information for Annual Reporting 5500 Series), through which the transportation cask’s shielding, and regulated public can satisfy the from the possibility of the release of (OMB control number 1212–0057, expires April 30, 2014). This notice combined reporting/filing requirements some quantity of radioactive material informs the public of PBGC’s intent and applicable to employee benefit plans. during a severe accident. This NUREG solicits public comment on the The collection of information has shows that the risk from radiation collection of information. been approved by OMB under control emitted from the cask is a small fraction number 1212–0057 through April 30, of naturally occurring background DATES: Comments must be submitted by 2014. PBGC intends to request that OMB radiation, and that the risk from April 22, 2014. extend its approval for another three accidental release of radioactive ADDRESSES: Comments may be years, with modifications. An agency material is several orders of magnitude submitted by any of the following may not conduct or sponsor, and a less. Because there have been only methods: person is not required to respond to, a • minor changes to the radioactive Federal eRulemaking Portal: http:// collection of information unless it material transportation regulations www.regulations.gov. Follow the Web displays a currently valid OMB control between NRC’s original transportation site instructions for submitting number. comments. PBGC is proposing a few risk assessment NUREG–0170, (ADAMS • Accession No. ML022590355, 1977) and Email: paperwork.comments@ modifications to the Schedule MB this risk assessment, the calculated dose pbgc.gov. (Multiemployer Defined Benefit Plan • Fax: 202–326–4224. Actuarial Information) and the Schedule due to the radiation from the cask under • routine transport conditions is similar to Mail or Hand Delivery: Regulatory SB (Single Employer Defined Benefit Affairs Group, Office of the General what was found earlier. The improved Plan Actuarial Information) and related Counsel, Pension Benefit Guaranty analysis tools and techniques, improved instructions. The proposed Corporation, 1200 K Street NW., data availability, and a reduction in the modifications to the Schedule MB Washington, DC 20005–4026. number of conservative assumptions has would require plan administrators of PBGC will make all comments multiemployer defined benefit plans to made the estimate of accident risk from available on its Web site at http:// the release of radioactive material in specify the documentation required www.pbgc.gov. regarding progress under the applicable this study approximately five orders of Copies of the collection of funding improvement or rehabilitation magnitude less than what was estimated information and comments may be plan. Plan administrators of in NUREG–0170. obtained without charge by writing to multiemployer plans in critical status The results in NUREG–2125 the Disclosure Division of the Office of would be required to provide demonstrate that the NRC’s regulations the General Counsel of PBGC, at the information about the plan year in in Part 71 of Title 10 of the Code of above address or by visiting the which the plan is projected to emerge Federal Regulations, ‘‘Packaging and Disclosure Division or calling 202–326– from critical status and, if the Transportation of Radioactive Material’’ 4040 during normal business hours. rehabilitation plan is based on continue to provide adequate protection (TTY and TDD users may call the forestalling possible insolvency, the of public health and safety during the Federal relay service toll-free at 1–800– plan year in which insolvency is transportation of SNF. 877–8339 and ask to be connected to expected. The proposed modifications 202–326–4040.) to the Schedule SB would require plan Dated at Rockville, Maryland, this 10th day FOR FURTHER INFORMATION CONTACT: adminstrators if single-employer of February 2014. Grace Kraemer, Attorney, or Catherine defined benefit plans to report the For the Nuclear Regulatory Commission. B. Klion, Assistant General Counsel, funding target (vested and total) for each Joseph Donoghue, Office of the General Counsel, Pension type of participant (active, retired, Acting Chief, Inspections, and Operations Benefit Guaranty Corporation, 1200 K terminated vested). Branch, Division of Spent Fuel Storage and Street NW., Washington, DC 20005– PBGC estimates that it will receive Transportation, Office of Nuclear Material 4026; 202–326–4024. (TTY and TDD approximately 30,300 Form 5500 and Safety and Safeguards. users may call the Federal relay service Form 5500–SF filings per year under [FR Doc. 2014–03698 Filed 2–20–14; 8:45 am] toll-free at 1–800–877–8339 and ask to this collection of information. PBGC BILLING CODE 7590–01–P be connected to 202–326–4024.) further estimates that the total annual

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burden of this collection of information EST on February 19, 2014 through 11:59 formal expressions of intent to file an will be 1,200 hours and $1,250,000. p.m. EST on March 4, 2014. OFA to subsidize continued rail service 1 PBGC is soliciting public comments By the Commission. under 49 CFR 1152.27(c)(2) must be to— 2 Lynn M. Powalski, filed by March 3, 2014. Petitions to • Evaluate whether the proposed reopen must be filed by March 13, 2014, Deputy Secretary. collection of information is necessary with the Surface Transportation Board, for the proper performance of the [FR Doc. 2014–03822 Filed 2–19–14; 4:15 pm] 395 E Street SW., Washington, DC functions of the agency, including BILLING CODE 8011–01–P 20423–0001. whether the information will have A copy of any petition filed with the practical utility; Board should be sent to UP’s • Evaluate the accuracy of the DEPARTMENT OF TRANSPORTATION representative: Jeremy M. Berman, agency’s estimate of the burden of the Assistant General Attorney, 1400 proposed collection of information, Surface Transportation Board Douglas Street, STOP 1580, Omaha, NE including the validity of the [Docket No. AB 33 (Sub-No. 317X)] 68179. methodologies and assumptions used; If the verified notice contains false or • Enhance the quality, utility, and Union Pacific Railroad Company— misleading information, the exemption clarity of the information to be Discontinuance of Service is void ab initio. collected; and Exemption—in Yuba County, CA Board decisions and notices are • Minimize the burden of the available on our Web site at collection of information on those who Union Pacific Railroad Company (UP) www.stb.dot.gov. are to respond, including through the has filed a verified notice of exemption under 49 CFR part 1152 Subpart F— Decided: February 14, 2014. use of appropriate automated, By the Board, Rachel D. Campbell, electronic, mechanical, or other Exempt Abandonments and Discontinuances of Service to Director, Office of Proceedings. technological collection techniques or Derrick A. Gardner, other forms of information technology, discontinue service over a portion of the Clearance Clerk. e.g., permitting electronic submission of Pearson Industrial Lead between responses. milepost 134.39 near Cleveland, CA, [FR Doc. 2014–03662 Filed 2–20–14; 8:45 am] and milepost 133.29 near Alicia, CA, a BILLING CODE 4915–01–P Issued in Washington, DC, this 18th day of total distance of 1.1 miles in Yuba February, 2014. County, CA (the Line). The Line Judith Starr, traverses United States Postal Service DEPARTMENT OF THE TREASURY General Counsel, Pension Benefit Guaranty Zip Codes 95961 and 95901. Corporation. UP has certified that no local or Bureau of the Fiscal Service [FR Doc. 2014–03697 Filed 2–20–14; 8:45 am] overhead traffic has moved over the BILLING CODE 7709–02–P Line for at least two years and that no Proposed Collection; Comment formal complaint filed by a user of rail Request service on the Line (or filed by a state ACTION: Notice and request for SECURITIES AND EXCHANGE or local government entity acting on comments. COMMISSION behalf of such user) regarding cessation of service over the Line is pending [File No. 500–1] SUMMARY: The U.S. Department of the either with the Surface Transportation Treasury, as part of its continuing effort Imogo Mobile Technologies Corp.; Board (Board) or any U.S. District Court to reduce paperwork and respondent Order of Suspension of Trading or has been decided in favor of burden, invites the general public and complainant within the two-year period. other Federal agencies to take this February 19, 2014. UP further has certified that the opportunity to comment on proposed It appears to the Securities and requirements of 49 CFR 1105.12 and/or continuing information Exchange Commission that the public (newspaper publication) and 49 CFR collections, as required by the interest and the protection of investors 1152.50(d)(1) (notice to governmental Paperwork Reduction Act of 1995, require a suspension of trading in the agencies) have been met. Public Law 104–13 (44 U.S.C. securities of Imogo Mobile Technologies As a condition to this exemption, any 3506(c)(2)(A)). Currently, the Bureau of Corp. (‘‘IMTC’’) because of questions employee adversely affected by the the Fiscal Service, Department of the that have been raised about the accuracy discontinuance of service shall be Treasury, is soliciting comments and adequacy of publicly disseminated protected under Oregon Short Line concerning the Generic Clearance for information concerning, among other Railroad—Abandonment Portion the Collection of Qualitative Feedback things, IMTC’s business, revenue, and Goshen Branch Between Firth & on Agency Service Delivery. assets. IMTC is a Nevada corporation Ammon, in Bingham & Bonneville DATES: Written comments should be based in Bellevue, WA. IMTC’s common Counties, Idaho, 360 I.C.C. 91 (1979). To received on or before April 22, 2014 to stock is quoted on OTC Link under the address whether this condition be assured of consideration. symbol IMTC. adequately protects affected employees, ADDRESSES: Send comments regarding The Commission is of the opinion that a petition for partial revocation under the burden estimate, or any other aspect the public interest and the protection of 49 U.S.C. 10502(d) must be filed. investors require a suspension of trading Provided no formal expression of 1 Each OFA must be accompanied by the filing in the securities of the above-listed intent to file an offer of financial fee, which currently is set at $1,600. See 49 CFR company. assistance (OFA) to subsidize continued 1002.2(f)(25). Therefore, it is ordered, pursuant to rail service has been received, this 2 Because UP is seeking to discontinue service, Section 12(k) of the Securities Exchange exemption will be effective on March not to abandon the line, trail use/rail banking and public use conditions are not appropriate. Likewise, Act of 1934, that trading in the 25, 2014, unless stayed pending no environmental or historical documentation is securities of the above-listed company is reconsideration. Petitions to stay that do required here under 49 CFR 1105.6(c) and suspended for the period from 9:30 a.m. not involve environmental issues and 1105.8(b), respectively.

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of the information collection, including actionable communications between the Estimated Number of Respondents: suggestion for reducing the burden, to Agency and its customers and 10,000. the Treasury PRA Clearance Officer, stakeholders. It will also allow feedback Estimated Number of Responses: 1750 Pennsylvania Ave. NW., Suite to contribute directly to the 10,000. 8140, Washington, DC 20220, or email improvement of program management. Frequency of Response: Once per at [email protected]. Feedback collected under this generic request. FOR FURTHER INFORMATION CONTACT: clearance will provide useful Average Minutes per response: 60. Copies of the submission(s) may be information, but it will not yield data Estimated Burden Hours: 10,000. obtained by calling (202) 927–5331 or that can be generalized to the overall Request for Comments: Comments email at [email protected]. population. This type of generic submitted in response to this notice will SUPPLEMENTARY INFORMATION: clearance for qualitative information be summarized and/or included in the OMB Number: 1510–0076. will not be used for quantitative request for OMB approval. All Type of Review: Extension without information collections that are comments will become a matter of change. designed to yield reliably actionable public record. Comments are invited on: Title: Generic Clearance for the results, such as monitoring trends over (a) Whether the collection of Collection of Qualitative Feedback on time or documenting program information is necessary for the proper Agency Service Delivery. performance. Such data uses require performance of the functions of the Abstract: The information collection agency, including whether the activity will garner qualitative customer more rigorous designs that address: The target population to which information shall have practical utility; and stakeholder feedback in an efficient, (b) the accuracy of the agency’s estimate timely manner, in accordance with the generalizations will be made, the sampling frame, the sample design of burden of the collection of Administration’s commitment to information; (c) ways to enhance the improving service delivery. By (including stratification and clustering), the precision requirements or power quality, utility, and clarity of the qualitative feedback we mean information to be collected; (d) ways to information that provides useful calculations that justify the proposed sample size, the expected response rate, minimize the burden of the collection of insights on perceptions and opinions, information on respondents, including but are not statistical surveys that yield methods for assessing potential non- response bias, the protocols for data through the use of automated collection quantitative results that can be techniques or other forms of information generalized to the population of study. collection, and any testing procedures that were or will be undertaken prior technology; and (e) estimates of capital This feedback will provide insights into or start-up costs and costs of operation, customer or stakeholder perceptions, fielding the study. Depending on the degree of influence the results are likely maintenance, and purchase of services experiences and expectations, provide to provide information. an early warning of issues with service, to have, such collections may still be or focus attention on areas where eligible for submission for other generic Dated: February 18, 2014. communication, training or changes in mechanisms that are designed to yield Dawn D. Wolfgang, operations might improve delivery of quantitative results. Treasury PRA Clearance Officer. products or services. These collections Average Expected Number of [FR Doc. 2014–03671 Filed 2–20–14; 8:45 am] will allow for ongoing, collaborative and activities: 10. BILLING CODE 4810–35–P

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Part II

Department of Transportation

Federal Aviation Administration 14 CFR Parts 91, 120, and 135 Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations; Final Rule

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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: For FDR—Flight Data Recorder technical questions about this action FDMS—Flight Data Monitoring System Federal Aviation Administration contact Andy Pierce, Aviation Safety FOQA—Flight Operational Quality Inspector, Flight Standards Service, 135 Assurance 14 CFR Parts 91, 120, and 135 GPS—Global Positioning System Air Carrier Operations Branch, AFS– HEMS—Helicopter Emergency Medical 250, Federal Aviation Administration, Services [Docket No.: FAA–2010–0982; Amdt. Nos. 800 Independence Ave. SW., HTAWS—Helicopter Terrain Awareness and 91–330; 120–2; 135–129] Washington, DC 20591; telephone: (202) Warning System ICAO—International Civil Aviation RIN 2120–AJ53 267–8238; email [email protected]. For legal questions about this action Organization Helicopter Air Ambulance, Commercial contact Dean E. Griffith, Office of the IFR—Instrument Flight Rules IMC—Instrument Meteorological Conditions Helicopter, and Part 91 Helicopter Chief Counsel, AGC–220, Federal LARS—Light-weight Aircraft Recording Operations Aviation Administration, 800 System Independence Ave. SW., Washington, MHz—Megahertz AGENCY: Federal Aviation DC 20591; telephone: (202) 267–3073; MEL—Minimum Equipment List Administration (FAA), DOT. email [email protected]. MOU—Memorandum of Understanding ACTION: Final rule. SUPPLEMENTARY INFORMATION: NM—Nautical Mile NPRM—Notice of Proposed Rulemaking SUMMARY: This final rule addresses Authority for This Rulemaking NTSB—National Transportation Safety Board helicopter air ambulance, commercial The FAA’s authority to issue rules on NVG—Night Vision Goggles helicopter, and general aviation NVIS—Night-Vision Imaging System aviation safety is found in Title 49 of the OCC—Operations Control Center helicopter operations. To address an United States Code (U.S.C.). This OCS—Operations Control Specialist increase in fatal helicopter air rulemaking is promulgated under the OpSpec—Operations Specification ambulance accidents, the FAA is general authority described in 49 U.S.C. PinS—Point-in-Space Approach implementing new operational 106(f) and 44701(a), and the specific PV—Present Value procedures and additional equipment authority set forth in section 306 of the SAFO—Safety Alert for Operators requirements for helicopter air FAA Modernization and Reform Act of TAWS—Terrain Avoidance and Warning System ambulance operations. This final rule 2012 (Pub. L. 112–95), which is now also increases safety for commercial TSO—Technical Standard Order codified at 49 U.S.C. 44730. VFR—Visual Flight Rules helicopter operations by revising Specifically, 49 U.S.C. 44730 requires VMC—Visual Meteorological Conditions requirements for equipment, pilot that part 135 certificate holders testing, and alternate airports. It providing air ambulance services Table of Contents increases weather minimums for all comply with part 135 regulations I. Executive Summary general aviation helicopter operations. pertaining to weather minimums and II. Background Many of these requirements address flight and duty time when medical A. Statement of the Problem National Transportation Safety Board personnel are onboard the aircraft. The B. Related Actions safety recommendations, and are statute also directs the FAA to conduct C. NTSB Recommendations already found in FAA guidance. Today’s D. Congressional Action rulemaking on helicopter air ambulance E. Summary of the NPRM changes are intended to provide operations to address: (1) Flight request F. General Overview of Comments certificate holders and pilots with and dispatch procedures; (2) pilot III. Discussion of Public Comments and Final additional tools and procedures that training standards for preventing Rule will aid in preventing accidents. controlled flight into terrain and A. Weather Minimums for Helicopters DATES: This rule is effective April 22, recovery from IIMC; and (3) safety- Flying Under Visual Flight Rules in 2014. Affected parties, however, do not enhancing technology and equipment, Class G Airspace (§ 91.155) B. Load Manifest Requirement for All have to comply with the information including, HTAWS, radio altimeters, Aircraft Operating Under Part 135 collection requirements in §§ 120.105(i), and, to the extent feasible, devices that (§ 135.63) 120.215(a)(9), 135.615, 135.617, perform the function of flight data C. Rules Applicable to All Part 135 135.619, and 135.621 until the Office of recorders and cockpit voice recorders. Helicopter Operations Management and Budget (OMB) Further, section 44730 requires the 1. Radio Altimeter (§ 135.160) approves the collection and assigns a rulemaking to address: (1) Flight risk 2. Safety Equipment for Overwater control number under the Paperwork evaluation programs; and (2) operational Operations (§§ 1.1, 135.117, 135.167, and 135.168) Reduction Act of 1995. The FAA will control centers for helicopter air 3. Pilot Testing for Recovery From IIMC, publish in the Federal Register a notice ambulance services with 10 or more Whiteout, Brownout, and Flat-Light of the control number assigned by OMB helicopters. In addition, the statute Conditions (§ 135.293) for these information collection directs the FAA to issue a final rule by 4. IFR Alternate Airport Weather requirements. June 1, 2012 with respect to the NPRM Minimums (§ 135.221) The incorporation by reference of published in the Federal Register on D. Rules Applicable to Helicopter Air certain publications listed in §§ 135.168 October 12, 2010 (75 FR 62640). Ambulance Operations and 135.605 is approved by the Director 1. Applicability of Part 135 Rules to List of Abbreviations and Acronyms Helicopter Air Ambulance Operations of the Federal Register as of April 22, Used in This Document (§§ 135.1, 135.267, 135.271, 135.601) 2014. 2. Weather Minimums (§ 135.609) ADDRESSES: For information on where to AC—Advisory Circular 3. IFR Operations at Airports Without obtain copies of rulemaking documents ARC—Aviation Rulemaking Committee Weather Reporting (§ 135.611) and other information related to this AWOS—Automated Weather Observation 4. Approach/Departure IFR Transitions System (§ 135.613) final rule, see ‘‘How to Obtain CFIT—Controlled Flight into Terrain 5. VFR Flight Planning (§ 135.615) Additional Information’’ in the CVR—Cockpit Voice Recorder 6. Pre-Flight Risk Analysis (§ 135.617) SUPPLEMENTARY INFORMATION section of ELT—Emergency Locator Transmitter 7. Operations Control Centers (§§ 135.619, this document. EMS—Emergency Medical Service 120.105, and 120.215)

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8. Briefing of Medical Personnel Table 5 SBA Size Standards (HTAWS) (the HTAWS will warn pilots (§§ 135.117, 135.621) Table 6 Cost and Present Value (PV) Costs about obstacles in their flight path), and 9. Helicopter Terrain Awareness and for Small Air Ambulance Operators That flight data monitoring systems. Finally, Warning Systems (HTAWS) (§ 135.605) Apply to the Paperwork Provision 10. Flight Data Monitoring System helicopter air ambulance pilots will be (§ 135.607) I. Executive Summary required to hold instrument ratings. 11. Pilot Instrument Ratings (§ 135.603) The provisions of this rule are For all helicopters operated under E. General Comments part 135, these rules require that IV. Regulatory Notices and Analysis directed primarily toward helicopter air A. Regulatory Evaluation ambulance operations and all operators carry more survival B. Regulatory Flexibility Determination commercial helicopter operations equipment for operations over water. C. Regulatory Flexibility Analysis conducted under part 135. This rule Alternate airports named in flight plans D. International Trade Impact Assessment also establishes new weather minimums must have higher weather minimums E. Unfunded Mandates Assessment for helicopters operating under part 91 than are currently required. These F. Paperwork Reduction Act in Class G airspace. helicopters must be equipped with radio G. International Compatibility H. Environmental Analysis For helicopter air ambulances, this altimeters and pilots must be able to I. Regulations Affecting Intrastate Aviation rule requires operations with medical demonstrate that they can maneuver the in Alaska personnel on board to be conducted aircraft during an inadvertent encounter V. Executive Order Determinations under part 135 operating rules and with instrument meteorological A. Executive Order 13132, Federalism introduces new weather minimums and conditions (IMC) to get out of those B. Executive Order 13211, Regulations visibility requirements for part 135 conditions safely. That Significantly Affect Energy Supply, Distribution, or Use operations. It mandates flight planning, Additionally, this rule contains a VI. How To Obtain Additional Information preflight risk analyses, safety briefings provision affecting part 91 helicopter for medical personnel, and the A. Rulemaking Documents operations. The rule assigns new establishment of operations control B. Comments Submitted to the Docket weather minimums to part 91 helicopter C. Small Business Regulatory Enforcement centers (OCC) for certain operators to operations in Class G airspace. Fairness Act help with risk management and flight Table 1 Affected Entities monitoring. The rule also includes Below, Table 1 shows those affected Table 2 Comparison of Benefits and Costs provisions to encourage instrument by today’s new rules and how existing Over 10 Years by Population Table 3 Costs Over 10 Years by Rule flight rules (IFR) operations. It requires rules are being changed; Table 2 shows Provision helicopter air ambulances to be the costs and benefits of the rule by Table 4 VFR Minimum Altitudes and equipped with both helicopter terrain affected population; and Table 3 shows Visibility Requirements awareness and warning systems the cost of the rule by rule provision.

TABLE 1—AFFECTED ENTITIES

Affected entities Requirements established by this rule

Part 91—All Helicopter Operators ...... Revises § 91.155 Class G airspace weather minimums for part 91 helicopter operations. This rule provides a greater margin of safety for operators because pilots are required to maintain a fixed amount of visibility and would be less likely to suddenly encounter instrument meteorological conditions (IMC). Part 135—All Rotorcraft Operators ...... • Requires each rotorcraft to be equipped with a radio altimeter (§ 135.160). Radio altimeters can greatly improve a pilot’s awareness of height above the ground during hover, landing in unimproved landing zones, and landings in confined areas where a more vertical approach may be required. Additionally, radio altimeters help increase situational awareness during inadvertent flight into instrument meteorological conditions (IIMC), night operations, and flat- light, whiteout, and brownout conditions. • Adds § 135.168 equipment requirements for rotorcraft operated over water. Helicopter operations conducted over water will be required to carry additional safety equipment to assist passengers and crew in the event an accident occurs over water. • Revises alternate airport weather minimums for rotorcraft in § 135.221. This rule improves the likelihood of being able to land at the alternate airport if weather conditions in the area deteriorate while the helicopter is en route. • Revises § 135.293 to require pilot testing of rotorcraft handling in flat-light, whiteout, and brownout conditions and demonstration of competency in recovery from an IIMC. This rule improves safety by increasing a pilot’s likelihood of escaping and handling IIMC and other hazards. Part 135—Helicopter Air Ambulance Operators. • Requires helicopter air ambulance flights with medical personnel on board to be conducted under part 135 (§§ 135.1, 135.601). The safety of helicopter air ambulance flights, including the welfare of the medical personnel and patients on board, will be increased when complying with the more stringent part 135 rules rather than part 91 rules. • Requires certificate holders with 10 or more helicopter air ambulances to establish operations control centers (OCC) (§ 135.619) and requires drug and alcohol testing for operations control specialists (§§ 120.105 and 120.215). OCC personnel will communicate with pilots, provide weather information, monitor flights and assist with preflight risk assessments providing an additional measure of safety for complex operations. Operations control specialists perform safety-sensitive functions, similar to an aircraft dispatcher, and therefore must be subject to the restrictions on drug and alcohol use. • Requires helicopter air ambulances to be equipped with HTAWS (§ 135.605). HTAWS will assist helicopter air ambulance pilots in maintaining situational awareness of surrounding terrain and obstacles, and therefore help prevent accidents.

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TABLE 1—AFFECTED ENTITIES—Continued

Affected entities Requirements established by this rule

• Requires helicopter air ambulances to be equipped with a flight data monitoring system (§ 135.607). This will promote operational safety and can provide critical information to investigators in the event of an accident. • Requires each helicopter air ambulance operator to establish and document, in its operations manual, an FAA-approved preflight risk analysis (§ 135.617). A preflight risk analysis provides certificate holders with the means to assess and mitigate risk, and make determinations regarding the flight’s safety before launch. • Requires pilots to identify and document the highest obstacle along the planned route (§ 135.615). This rule will prevent obstacle collisions by requiring pilots to be aware of the terrain and obstacles along their route. • Requires safety briefings or training for helicopter air ambulance medical personnel (§ 135.621). Medical personnel will be less likely to inadvertently introduce risk to an operation because of increased familiarity with the aircraft and emergency procedures. • Establishes visual flight rules (VFR) weather minimums for helicopter air ambulance operations (§ 135.609). More stringent VFR weather minimums for helicopter air ambulances operations in uncontrolled airspace will have the effect of ensuring that these operations are not conducted in marginal weather conditions. • Permits instrument flight rules (IFR) operations at airports without weather reporting (§ 135.611). This rule is intended to facilitate IFR operations by helicopter air ambulance operators and result in more aircraft operating in a positively controlled environment, thereby increasing safety. • Establishes procedures for transitioning between IFR and VFR on approach to, and departure from, heliports or landing areas (§ 135.613). This rule benefits pilots by enabling them to access more destinations by flying within the IFR structure and its associated safety benefits. • Requires pilots in command to hold an instrument rating (§ 135.603). Having the skills to navigate by instruments will assist helicopter air ambulance pilots to extract themselves from dangerous situations such as inadvertent flight into IMC.

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II. Background In addition to addressing the causal The following is a list of those factors of these accidents, this rule also recommendations, what they required, A. Statement of the Problem addresses National Transportation and how they relate to the rules being Helicopter air ambulance accidents Safety Board (NTSB) safety codified today. reached historic levels during the years recommendations and Recommendations on Helicopter Air from 2003 through 2008.1 The year 2008 recommendations made by the Part 125/ Ambulance Operations was the deadliest. In 2008, five air 135 Aviation Rulemaking Committee ambulance accidents killed 21 people, (ARC). A–06–12—Recommends that the FAA including pilots, patients, and medical require all emergency medical services B. Related Actions personnel. This rule addresses the (EMS) operators to comply with 14 CFR causes of 62 helicopter air ambulance The FAA has taken actions to address part 135 operations specifications accidents that occurred during the the problem of helicopter accidents, during the conduct of flights with period from 1991 through 2010. One such as developing standards and medical personnel on board. The FAA hundred twenty-five people died in issuing guidance, which were discussed has addressed this recommendation in those accidents. The FAA identified in the Notice of Proposed Rulemaking § 135.1, which requires helicopter air four common factors in those (NPRM) (published October 12, 2010). ambulance operations to be conducted accidents—inadvertent flight into IMC, In addition to the actions noted there, under part 135 rules. loss of control, controlled flight into the FAA has revised its guidance A–06–13—Recommends that the FAA terrain (which includes mountains, materials to align with the provisions of require all EMS operators to develop ground, water, and man-made this new rule. and implement flight-risk evaluation programs that include training for all obstacles), and night conditions. ARC Recommendations Helicopter air ambulances operate employees involved in the operation, under unique conditions. Their flights On April 8, 2003, the FAA formed the procedures that support the systematic are often time sensitive, which puts Part 125/135 ARC. This group was evaluation of flight risks, and pressure on the pilots. Helicopter air tasked to perform a comprehensive consultation with others in emergency ambulances fly at low altitudes and review of parts 125 and 135 and provide medical service flight operations if the under varied weather conditions. They recommendations on rule changes. The risks reach a predefined level. The FAA must often land at unfamiliar, remote, or ARC had close to 200 participants, has partially addressed this unimproved sites with hazards like representing a broad range of interests, recommendation in § 135.617, which and included members of the operator trees, buildings, towers, wires, and requires a preflight risk analysis prior to community, unions, trade associations, uneven terrain. In an emergency, many helicopter air ambulance operations. government, and manufacturers. The patients will not have a choice of A–06–14—Recommends that the FAA ARC worked for 2 years—from 2003 to whether they want to be transported in require EMS operators to use formalized 2005—and had eight working groups a helicopter or not. They may be in a dispatch and flight-monitoring studying a wide range of subjects. They medical condition that prevents them procedures that include up-to-date made the recommendations for from making decisions about weather information and assistance in helicopter air ambulance operations and transportation or indicating what they flight risk assessment decisions. The other commercial helicopter operations want. They cannot choose between FAA has partially addressed this that form the basis of several of the recommendation in § 135.619, which competing carriers because the company provisions in this final rule. ARC that responds to the scene may be either requires OCCs for certificate holders proposals addressed in this rulemaking with 10 or more helicopter air the first one called or the only one in include equipping helicopters with the area. For these reasons, the FAA is ambulances. radio altimeters, increasing weather A–06–15—Recommends that the FAA establishing more stringent safety minimums for helicopter air ambulance require EMS operators to install terrain regulations to protect patients, medical operations, requiring additional safety awareness and warning systems on their personnel, flightcrew members, and equipment for overwater operations, aircraft and to provide adequate training other passengers onboard helicopter air requiring pilot testing on recovery from to ensure that flightcrews are capable of ambulances. IIMC, and revising alternate airport The FAA also identified an increase using those systems to safely conduct weather requirements for instrument in accidents in other commercial EMS operations. The FAA addressed flight rules. helicopter operations. This rule this recommendation in § 135.605, addresses the causes of 20 commercial C. NTSB Recommendations for which requires equipping helicopter air helicopter accidents that occurred from Helicopter Operations ambulances with HTAWS. A–09–87—Recommends that the FAA 1991 through 2010. Thirty-nine people Many of the requirements in this rule develop criteria for scenario-based died in those accidents. Also from 1991 were developed, in part, in response to helicopter EMS pilot training that to 2010, there were 49 accidents that safety recommendations from the NTSB. includes IIMC and hazards unique to occurred while the helicopter was helicopter emergency medical services operating under basic VFR weather snow-covered, greatly impairing the pilot’s ability (HEMS), and determine how frequently minimums and those accidents caused to perceive depth, distance, altitude, or this training is required to ensure 63 fatalities. The FAA has determined topographical features when operating under VFR. proficiency. The FAA has addressed that these accidents may have been See NTSB Safety Recommendation A–02–33. Whiteout occurs when parallel rays of the sun are this recommendation by revising prevented if pilots and helicopters were broken up and diffused when passing through the § 135.293, which would require that better equipped for IIMC, flat-light, cloud layer so that they strike a snow-covered pilots be tested on recognizing and whiteout, and brownout conditions, and surface from many angles. The diffused light then avoiding flat-light, whiteout, and for flights over water.2 reflects back and forth countless times between the snow and the cloud, eliminating all shadows, brownout conditions, and that they resulting in loss of depth perception. See FAA AC demonstrate recovery from IIMC. 1 GAO, Aviation Safety: Potential Strategies to 00–6A, Aviation Weather for Pilots and Flight Address Air Ambulance Safety Concerns (2009). Operations Personnel. Brownout conditions occur A–09–89—Recommends that the FAA 2 Flat light is the diffused lighting that occurs when sand or other particles restrict visibility and require helicopter air ambulance under cloudy skies, especially when the ground is depth perception. operators to implement a safety

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management system program that routinely occur. The FAA has addressed safety-enhancing technology and includes sound risk management this recommendation in § 135.160, equipment including, HTAWS, radio practices. The FAA partially addressed which requires installation of a radio altimeters, and, to the extent feasible, this recommendation by requiring altimeter in every helicopter operated devices that perform the function of elements of a safety management system under part 135. flight data recorders and cockpit voice program for helicopter air ambulance A–06–17—Recommends that the FAA recorders. Additionally, the Act requires operators. Section 135.607 requires require all rotorcraft operating under 14 the rulemaking to address: (1) Flight risk equipping helicopter air ambulances CFR parts 91 and 135 with a transport- evaluation programs; and (2) operational with flight data monitoring systems, category certification to be equipped control centers for helicopter air which can be used to identify risk. with a cockpit voice recorder and a ambulance services with 10 or more § 135.617 requires a preflight risk flight data recorder. The FAA has helicopters. analysis for helicopter air ambulance partially addressed this The FAA is also directed to conduct operations, and § 135.619 requires OCCs recommendation in § 135.607, which a subsequent rulemaking addressing for certificate holders with 10 or more requires equipping helicopter air pilot training standards, and the use of helicopter air ambulances. ambulances with a flight data safety equipment that should be worn or A–09–90—Recommends that the FAA monitoring system. used by flight crewmembers and require helicopter air ambulance A–07–87—Recommends that the FAA medical personnel on helicopter air operators to install flight data recording require all existing and new turbine- ambulance flights. devices and establish a structured flight powered helicopters operating in the Section 318 of the Act requires the data monitoring program that reviews Gulf of Mexico and certificated with five FAA to study the ‘‘feasibility of all available data sources to identify or more seats to be equipped with requiring pilots of helicopters providing deviations from established norms and externally-mounted life rafts large air ambulance services under part 135 procedures and other potential safety enough to accommodate all occupants. . . . to use NVGs during nighttime issues. The FAA has partially addressed As discussed below this operations.’’ this recommendation in § 135.607, recommendation is not addressed by which requires equipping helicopter air this final rule. E. Summary of the NPRM ambulances with flight data monitoring A–07–88—Recommends that the FAA An NPRM was published in the devices. require all off-shore helicopter operators Federal Register on October 12, 2010 in the Gulf of Mexico to provide their (75 FR 62640). That notice proposed— Recommendations for Commercial flightcrews with personal flotation • Helicopter Operations Revised weather minimums for all devices equipped with a waterproof helicopter operations under part 91. A–02–33—Recommends that the FAA global-positioning-system-enabled 406 • New load manifest requirements for require all helicopter pilots who megahertz (MHz) personal locater all aircraft operations under part 135. conduct commercial passenger-carrying beacon, as well as one other signaling • New operations, training, and flights in areas where flat-light or device, such as a signaling mirror or equipment requirements for all whiteout conditions routinely occur to strobe light. The FAA partially helicopter operations under part 135. possess a helicopter-specific instrument addresses this recommendation in • New operations, training, rating and to demonstrate their § 135.168, which requires that equipment, and flightcrew requirements competency during initial and recurrent helicopters used in operations beyond for helicopter air ambulance operations 14 CFR 135.293 evaluation check rides. autorotational distance from the under part 135. The FAA has addressed this shoreline be equipped with a 406 MHz The comment period for that NPRM recommendation by revising § 135.293, locator beacon with a 121.5 MHz closed on January 10, 2011. which requires testing pilots for homing capability and that passengers F. General Overview of Comments recognition and avoidance of flat-light, wear life preservers when over water. whiteout, and brownout conditions, and A–99–61—Recommends that the FAA The FAA received 179 comments a demonstration of recovery from IIMC. amend record-keeping requirements in about the proposal for this rulemaking. Also § 135.603, which requires an § 135.63(c) to apply to single-engine as Among those commenting were 32 instrument rating for helicopter air well as multiengine aircraft. As operators, 11 manufacturers, and 13 ambulance pilots, addresses this discussed below this recommendation is associations. Almost all of the recommendation. not addressed by this final rule. commenters expressed support for the A–02–34—Recommends that the FAA intent of the proposal but many D. Congressional Action require all commercial helicopter suggested changes to individual operators conducting passenger-carrying On February 14, 2012, President requirements. Almost all of the flights in areas where flat-light or Obama signed into law the FAA provisions of the rule received some whiteout conditions routinely occur to Modernization and Reform Act of 2012 comment. include safe practices for operating in (Pub. L. 112–95). Section 306 of the Act those conditions in their approved requires that part 135 certificate holders III. Discussion of Public Comments and training programs. The FAA has providing air ambulance services to Final Rule partially addressed this comply with part 135 regulations This final rule affects three categories recommendation in § 135.293, which pertaining to weather minimums and of operators—part 91 helicopter requires pilot testing on recognizing and flight and duty time when medical operators, part 135 helicopter operators, avoiding flat-light, whiteout, and personnel are onboard the aircraft. and helicopter air ambulance operators brownout conditions, and a Section 306 also directs the FAA to in part 135. Although addressed in the demonstration of recovery from IIMC. conduct rulemaking on helicopter air NPRM, the final rule does not contain A–02–35—Recommends that the FAA ambulance operations which will a load manifest requirement for all require installation of radio altimeters in address: (1) Flight request and dispatch aircraft operations under part 135. all helicopters conducting commercial, procedures; (2) pilot training standards Following is a discussion of the current passenger-carrying operations in areas for preventing controlled flight into standards, each new rule as it was where flat-light or whiteout conditions terrain and recovery from IIMC; and (3) proposed, the public comments that

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were received about that rule, and the accidents in the last 5 years of NTSB The Los Angeles County Sheriff’s final rule as it is adopted today. data that could have been avoided department wrote that public safety under this change. agencies must be able to make ‘‘go/no A. Weather Minimums for Helicopters go’’ decisions based on the higher Flying Under Visual Flight Rules in The FAA acknowledges that the experience level of their pilots and Class G Airspace (§ 91.155) NPRM did not contain accident data relating to this proposed change. knowledge of the local flying areas. The Currently, helicopters operating in However, in response to these commenter stated that weather Class G airspace, under VFR and less comments, the FAA conducted a review restrictions would limit its ability to than 1,200 feet above the surface, are of accidents to determine whether NTSB perform numerous search and rescue required by § 91.155(b)(1) to remain accident data supports the proposal. A missions. Air Shasta also stated that a clear of clouds and to operate at a speed review of the accident history for the ‘‘detrimental consequence of these that gives the pilot adequate period from 1991 to 2010, the same time proposed limitations would be opportunity to see any air traffic or period used for the other provisions of cancelling or delaying of search and obstruction in time to avoid a collision. this rule, showed that there were 49 rescue missions’’ it occasionally The FAA proposed to revise § 91.155 to performs. 1 helicopter accidents resulting in 63 establish a minimum ⁄2 statute mile deaths that may have been prevented Westlog stated that the current visibility by day and one statute mile had this rule been in place. The FAA requirement is safe for helicopters visibility at night. The FAA received determined that these accidents, which operating clear of clouds because they comments expressing support for the occurred when visibility was less than can stop and land at zero airspeed and proposal from the Air Medical commented that this helicopter 1⁄2 mile during the day or 1 mile at Operators Association (AMOA), PHI Air night, and for which controlled flight operation is safer than an airplane Medical (PHI), NTSB, the National EMS into terrain, fog, rain, or other adverse operating clear of clouds at night with Pilots Association (NEMSPA), members 1 weather were contributing factors, may one mile of visibility when within ⁄2 of the Association of Critical Care have been prevented had the rule been mile of the runway under § 91.155(b)(2). Transport (ACCT), LifeFlight of Maine, in effect. Accordingly, the FAA has Additionally, Westlog noted that it and REACH Air Medical Services, LLC determined that the accident history operates in coastal Oregon and Northern (REACH). Other commenters expressed supports this change. California and frequents uncontrolled opposition based on the FAA’s accident airports served by automated weather analysis and concern over operational Operational Limitations observation systems (AWOS). Because limitations that are discussed below. coastal advection fog is common in this Several commenters expressed area, the commenter explained, an Accident Analysis concern that the proposed change AWOS will often report 1⁄4 mile would prevent operations that are The Experimental Aircraft visibility when over half the airport is currently being conducted safely. EAA Association (EAA) commented that the clear, with 15 miles visibility or more. stated that § 91.155 has been in effect FAA failed to provide documentation to Westlog claimed that, even with a since the early 1970s and has been support a change to § 91.155 for all reported 1⁄4 mile visibility, a helicopter safely used since that time. It noted that general aviation and commercial can take off safely under visual flight many helicopter operations such as helicopter operators. Kestrel Air rules by simply departing into the non- firefighting, wildlife surveys, logging commented that the FAA did not foggy area. Air Shasta similarly correlate the air ambulance accident rate operations, off-shore fish sighting commented that it has performed with whether the helicopter was surveys, herding, crop spraying, and numerous searches when conditions at operating under part 91 or part 135. It power line/high tension wire the departure airport were below what noted that in the NPRM, the FAA cited maintenance/surveys occur from remote was proposed in the NPRM, but where emotional pressure on pilots to fly if field bases, with the majority of it could find a point at the airport that they believed their flight could save operations occurring close to those was clear enough to depart safely. lives, and said that this was considered bases. Further, EAA stated that pilots, One commenter, Safety and Flight a significant factor in the air ambulance based on their experience, are the best Evaluations, International stated that the industry’s higher accident rate. Kestrel judge of what speed and visibility are proposed rule would have an said that this factor is lacking in other acceptable for safe operation in those insufficient impact on safety because part 91 operations, so there is no basis circumstances and that ‘‘to impose a the proposed weather minimums are to presume the proposed change would visibility limit shows the FAA does not equivalent to § 135.205(b) and that the have any positive impact on these other truly understand the entire scope of visibility requirements should be operators. The FAA notes that many what commercial and private helicopter doubled to 1 statute mile during the day operations under part 91, such as missions are and their combined effect and 2 statute miles at night. firefighting, police work, crop spraying, on the national economy.’’ The FAA has determined that the pipeline patrol, and power line repair Commenters from EGLI Air Haul also change proposed in the NPRM is can put pressure on a pilot and may be believe that part 91 should remain warranted. As discussed above, the FAA a contributing factor in their industry’s unchanged so that the pilot can decide has identified numerous accidents that accident rate. whether visibility is adequate. In may have been prevented had the Air Shasta Rotor and Wing, LLC (Air support of leaving the regulation changes been in place. In response to Shasta) commented that in a review of unchanged, they cited an instance when Westlog’s comments about foggy the last 5 years of NTSB non-EMS part an EGLI pilot made a decision to fly in conditions and readings by an AWOS, 91 helicopter accident data, it was conditions below those proposed in the the FAA is aware that visibility at some ‘‘unable to find a particular accident NPRM to aid survivors of an airplane parts of an airport may be sufficiently that could have been avoided if the pilot crash who were trapped on a clear to conduct operations even though did not have the proposed requirement’’ mountainside. They contend that the the AWOS is reporting minimum of 1⁄2 mile visibility and clear of clouds. proposed change to § 91.155 would have visibility. Section 91.155 establishes Likewise, Westlog, Inc. (Westlog) prevented this pilot from reaching the flight visibility requirements for part 91 claimed that it could not find any survivors. VFR operations. Therefore, if the pilot

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determines that flight visibility 3 meets currently have no requirement to C. Rules Applicable to All Part 135 the requirements of § 91.155 at the prepare a load manifest. Helicopter Operations takeoff location, despite the weather In the NPRM, the FAA proposed to 1. Radio Altimeters (§ 135.160) reported by the AWOS, the pilot may apply the rule to all airplanes and take off. helicopters, single engine and The FAA proposed a new requirement The FAA recognizes that this change multiengine, operating under part 135, for all rotorcraft operated under part 135 will prohibit operations that are and to clarify the requirements for to be equipped with a radio altimeter. currently conducted in very low preparation and transmission of the load Commenters, including AAMS and visibility conditions in Class G airspace, manifest. The proposal required that the various ACCT members, supported this including civil and public aircraft load manifest be sent to the certificate proposal. The NTSB supported it as operations. However, the FAA has holder’s principal base of operations or well and emphasized that, if adopted, determined that the increased safety to another location approved by the this proposal would respond to NTSB justifies any prohibitions that would Administrator, where it must be Safety Recommendation A–02–35. Other commenters, however, objected result. Under current regulations, an received before takeoff. The proposal to this provision on grounds that radio operator may apply for a certificate of allowed for the load manifest to be altimeters are not effective in all waiver from § 91.155. The provided electronically. It required that situations, that the rule would not be Administrator may issue a certificate of if the load manifest is not received by cost beneficial, and that not all waiver if a proposed operation can be the certificate holder’s principal base of helicopters can incorporate radio safely conducted. See 14 CFR 91.903– operations before takeoff, the pilot must altimeters. These comments are 91.905. The FAA has determined that prepare two copies and carry one copy discussed in detail below. this existing waiver authority will on the aircraft to its destination and provide sufficient flexibility to operators arrange, at the takeoff location, for the Effectiveness that can safely conduct operations when second copy to be sent to the certificate PHI claimed radio altimeters have visibility is below the requirements holder or retained until the flight is minimal impact on pilots flying by established in this rule. complete at a location approved by the visual reference in daytime and that the In response to the comment by Safety Administrator. accident record shows that radio and Flight Evaluations, International The FAA estimated this provision altimeters have not prevented that the visibility requirements should would impose costs of $82 million controlled-flight-into-terrain accidents. be doubled, implementing more (present value) over 10 years while the NorthStar Trekking, an Alaskan restrictive visibility minimums than benefits were estimated at $20 million operator, commented that radio those proposed would be outside of the (present value) over 10 years. The FAA altimeters are unreliable, give erroneous scope of the proposed rule. requested comments on the cost of the information over snow-covered surfaces, load manifest provision. Final Rule and realistically create nothing more The NTSB supported this revision than a distraction in a day VFR Based on the comments received and and commented that it responds to environment. One commenter stated an additional review of the NPRM, the NTSB Safety Recommendation A–99– that TAWS is a better investment FAA is adopting the rule as proposed 61. The Association of Air Medical because radio altimeters ‘‘tell distance with two changes. First, the agency has Services (AAMS), NEMSPA, Helicopter to where the aircraft has already been changed proposed § 91.155(b)(1) to Association International (HAI), and not where it’s going to impact.’’ allow helicopters to operate clear of Angel One Transport supported the Finally, FreeFlight Systems, an clouds in an airport or heliport traffic intent to maintain accurate load avionics manufacturer, commented that pattern within 1⁄2 mile of the runway or manifest records, but they, and many the radio altimeter should have the helipad of intended landing if the flight other commenters, expressed concerns ‘‘performance guarantees of [Technical visibility is 1⁄2 statute mile or more. The about the cost, justification, and Standard Order] TSO–C87 and be agency finds that this revision will operational impact of this requirement. designated in accordance with DO–178B provide an additional measure of Commenters noted the high cost of this and DO–254 with at least a Level C flexibility when operating at night in an requirement and questioned how this design assurance.’’ It further stated that airport environment similar to that provision would prevent accidents. some radio altimeters with ‘‘only a afforded to airplanes under the current Based on the comments received and PMA—lacking a TSO’’ are less accurate rule. Second, for consistency with the additional review of the NPRM, the at low altitudes which could impact the existing regulation, the final rule FAA is withdrawing the load manifest ability to gauge altitude in critical incorporates the visibility minimums requirement proposed in the NRPM conditions. into § 91.155(a), instead of § 91.155(b)(1) because of the excessive cost of this The FAA determined that radio as proposed in the NPRM. provision. Therefore, the current rule altimeters are an important safety device language in § 135.63 remains B. Load Manifest Requirement for All designed to inform the pilot of the unchanged. Aircraft Operating Under Part 135 aircraft’s actual height above the (§ 135.63) The FAA notes that other regulations surface. Although it is true that a radio currently in place require pilots to altimeter may have minimal impact on Currently, § 135.63 requires operators comply with the operating limitations of daytime visual reference flight, this of multiengine aircraft to complete a the aircraft and to be familiar with all device gives pilots an additional tool to load manifest in duplicate and carry one information concerning a flight, which maintain situational awareness in an copy aboard the aircraft. No specific would include the type of information inadvertent encounter with IMC, where action is required for the second copy, included on a load manifest. See vision is suddenly limited due to but certificate holders must retain a §§ 91.9(a) and 91.103. Additionally, the brownout or whiteout, or other copy of the completed load manifest for FAA will consider issuing guidance situations where pilots lose their at least 30 days. Single engine aircraft material in order to clarify the reference to the horizon and the ground. requirements for preparation and Additionally, as stated in the NPRM, a 3 See 14 CFR 1.1. transmission of the load manifest. radio altimeter can aid a pilot’s

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awareness of height above the ground Manufacturer Approval; under a TSO Both commenters said that if they are during hover, when landing in authorization; in conjunction with type forced to install a radio altimeter, they unimproved landing zones, or where a certification procedures for a product; or would have to remove vital equipment, more vertical approach is required. All approved in any other manner by the such as the artificial horizon, because of these scenarios can occur during the Administrator. See 14 CFR 21.303. The there is no room to fit anything more on day. minimum performance of a TSO or a the instrument panel. Several In response to the comments that a parts-manufacturer-approved radio commenters, including REACH, radio altimeter may not prevent a altimeter must be demonstrated to meet supported the rule, provided they were controlled-flight-into-terrain accident, the intended function. able to continue operation without a as discussed in the NPRM, NTSB safety radio altimeter within a limited period Cost recommendation A–02–35 noted that and with acceptable alternative radio altimeters might aid pilots in NorthStar Trekking commented that procedures as prescribed under recognizing proximity to the ground in contrary to the FAA’s assertion that the minimum equipment lists (MELs). flat-light and whiteout conditions. cost of radio altimeters is negligible, an The final rule states that an operator Additionally, the FAA cites 29 altimeter costs roughly $6,000, with an must have an ‘‘FAA-approved radio accidents in the final regulatory additional $500 in maintenance altimeter, or an FAA-approved device evaluation that may have been annually—money that could be better that incorporates a radio alti- prevented by a radio altimeter. Of the 29 spent on training, early retirement of meter. . . .’’ The FAA recognizes that accidents, 19 were classified as parts, extra pilots, and appropriate limited numbers of older helicopters controlled flight into terrain by the avionics that ‘‘truly have an effect on used in part 135 operations (e.g. Bell– NTSB. A radio altimeter could have our overall safety. . . .’’ It further stated 47, Robinson R–22) may not have provided the pilot with a low altitude that the accident cited in the NPRM adequate room on the flight deck to warning, enabling the pilot to take would not have been prevented by a install a radio altimeter. In response to corrective action. radio altimeter. It noted that the these comments, the FAA is including In response to NorthStar Trekking, the accident may have been far worse had the ability for a certificate holder to FAA acknowledges that, in limited a radio altimeter been installed on the obtain a deviation from the rule for circumstances, such as when operating helicopter because of snow and fog, and circumstances when a radio altimeter over dry snow or still water, a radio had the pilot tried to maintain a higher cannot physically be located on the altimeter may provide inaccurate altitude by use of a radio altimeter he flight deck. However, we also note that altitude readings. Improper installation may have flown into IMC conditions. an HTAWS or other device such as a of a radio altimeter may exacerbate this Westlog claimed that requiring a non- multi-function display that incorporates problem. The FAA has determined that air ambulance operator to have a radio a radio altimeter would be permitted these infrequent inaccurate readings do altimeter installed is simply too onerous under this rule. Deviation authority may not outweigh the safety benefits that with very little documented benefit. not be warranted for helicopters in will be obtained by requiring Westlog based this comment on its which a radio altimeter can be installation of radio altimeters in the review of NTSB accident data for the incorporated into the flight deck’s commercial helicopter fleet. non-air ambulance part 135 helicopter existing configuration. Additionally, the In response to the comment that this industry. It noted that the only non-air operator may not use information device only tells where the aircraft has ambulance accident cited in the NPRM derived from a global positioning been, meaning that it cannot detect occurred in Alaska and maintained that system (GPS) as a substitute for a radio obstacles in the flight path, a a radio altimeter requirement is not altimeter. descending altitude read-out on the justified for all geographic locations. In Finally, the FAA notes that the rule radio altimeter could alert a pilot to response to Westlog’s comment, the language proposed in the NPRM rising terrain or decreasing altitude over FAA notes that it identified 11 non-air exempting operators from the radio level terrain. Accordingly, although the ambulance commercial helicopter altimeter requirement when ‘‘authorized radio altimeter does not reveal obstacles accidents in the final Regulatory in the certificate holder’s approved’’ in the flight path, it does provide Evaluation that might have been MEL is adopted in the final rule. The valuable information to maintain prevented if an operational radio particular requirements relating to situational awareness. The FAA agrees altimeter had been installed in the operations with inoperable radio with the commenter that TAWS or aircraft. These accidents were also cited altimeters would be developed by HTAWS are valuable tools, but is not in the initial Regulatory Evaluation FAA’s Flight Standards Service in going to extend the requirement to published in the docket with the NPRM. accordance with its existing master equip with one of these devices to the With respect to the comment on the minimum equipment list (MMEL) entire part 135 helicopter population at cost of a radio altimeter, in the initial process. this time. Rather, as discussed later in regulatory evaluation, the FAA Compliance Date this document and in the NPRM, the estimated the cost of a radio altimeter to FAA is requiring HTAWS for helicopter be $5,250 (including installation), plus The FAA asked for comments on the air ambulance operations because they revenue losses for downtime during proposed 3-year compliance period for are often conducted at night and into installation. For the final regulatory the radio altimeter provision. The NTSB unimproved landing sites. evaluation, the FAA revised this cost responded that the compliance period Finally, the FAA is not requiring a estimate to a $9,000 cost for the device, for this requirement should be reduced radio altimeter that meets Technical which was the highest estimate given by to 1 year because radio altimeters are Standard Order TSO–C87. The FAA commenters, plus $500 annually for readily available for helicopter determined that an FAA-approved radio maintenance. installation. FreeFlight Systems altimeter is sufficient because the encouraged adoption as soon as intended function is demonstrated Need for Flexibility possible, but commented that a 3-year regardless of the type of FAA approval. Westlog and Air Shasta expressed time frame ‘‘seems reasonable since A radio altimeter may be approved in concern that their helicopters cannot affordable, light-weight equipment is one of four ways: Under a Parts accommodate additional equipment. already available.’’ The FAA also notes

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comments discussed above regarding operators must comply with overwater engaged in extended overwater concerns about the time it takes to equipment requirements in operations. obtain FAA approval for equipment § 91.205(b)(12) and performance Nevertheless, as discussed below, the installations. requirements for aircraft in § 135.183 FAA is retaining the requirements that The FAA is implementing the 3-year when conducting overwater operations. life preservers be worn when the aircraft compliance period proposed in the In the NPRM, the requirements for is operated beyond autorotational NPRM. We have determined, based on helicopter overwater operations were distance from the shoreline and for the comments, that part 135 helicopter contained in a new section, § 135.168. helicopters to be equipped with a 406 operators will be able to comply with Additionally, the NPRM proposed MHz ELT. The FAA believes it is the rule in that time period. The FAA removing the reference to off-shore important to provide passengers with also does not anticipate undue delay in heliports from § 1.1 to define extended this base level of equipment to increase approving radio altimeter installations overwater operations as operations more the odds of surviving a crash into the because they are readily available on the than 50 NM from the nearest shoreline. water. As discussed above, when market and installation procedures are The FAA proposed to amend § 135.167 conducting the accident analysis, the well established. to exclude rotorcraft. The FAA received FAA reviewed each piece of equipment comments on the framework of the proposed in this provision and found Requirement for Helicopter Air proposed rule and the equipment that, of the proposed equipment, life Ambulances To Be Equipped With requirements. Based on these comments preservers would generate the most Radio Altimeters and HTAWS and further review of the NPRM, the benefits. The FAA proposed that helicopters FAA has made significant revisions to The FAA is not adopting the proposed used in air ambulance operations be this rule. pyrotechnic signaling device equipped with both a radio altimeter Primarily, the FAA has removed the requirement because § 91.205(b)(12) and an HTAWS unit and asked for requirement for helicopters to equip currently requires aircraft operated comments on the safety benefits of with life rafts when beyond overwater to be equipped with ‘‘at least installing both devices. The FAA is autorotational distance from the one pyrotechnic signaling device.’’ requiring in the final rule that helicopter shoreline. The FAA is removing the life 406 MHz Emergency Locator air ambulances be equipped with both raft requirement proposed in the NPRM Transmitters a radio altimeter and HTAWS. Aviation because the cost of equipping with life Solutions Group, LLC, a member of rafts would not be justified by an This final rule requires that each ACCT, agreed with the proposal to increase in the survivability of helicopter have an approved emergency require both technologies to ‘‘provide accidents. The FAA reviewed accidents locator transmitter (ELT)—ELT 406/ optimal situational awareness.’’ This to ascertain the cost and benefit of each 121.5MHz. The NPRM proposed a TSO– comment was echoed by other ACCT piece of equipment proposed in the C126a approved 406 MHz ELT that only members. LifeFlight of Maine NPRM and determined that benefits needed to be carried on the rafts. The commented that use of a radio altimeter from the accidents cited in the NPRM final rule language has been changed to and HTAWS provides multiple sources do not justify the costs of imposing the require that single and multiengine of low-altitude warnings to pilots. life raft requirement. This is for two helicopters, not the raft, be equipped We reiterate the statements in the reasons. First, there are relatively few with an ELT. This will ensure that all NPRM that an HTAWS that incorporates accidents beyond autorotational helicopters that conduct operations or works in conjunction with a radio distance from the shoreline. Second, beyond autorotational distance from the altimeter function would meet the among the accidents identified, few shoreline will have the added safety requirements of § 135.160 because those qualify as survivable and, of the benefit of a rescue locating and units measure altitude by actively survivable accidents, the requirement to signaling device. This final rule requires sending radio signals to the surface. wear life preservers would generate the an ELT that transmits on the 406 MHz They do not rely on a preprogrammed greatest likelihood of surviving in the frequency but also includes a low-power database to derive altitude information. water. Accordingly, the proposed life 121.5 MHz homing device. The 121.5 Therefore an HTAWS without a radio raft requirement is not being MHz frequency remains allocated to altimeter function would not meet the implemented in the final rule. aviation emergencies and continues to requirements of § 135.160. The FAA is also not implementing the be monitored by air traffic control, flight The rule is adopted as proposed.4 proposed revision to the definition of service stations, other emergency organizations, and aircraft. We also note 2. Safety Equipment for Overwater ‘‘extended over-water operation’’ in § 1.1. That definition would have been that since publication of the NPRM the Operations (§§ 1.1, 135.117, 135.167, revised so that the equipment FAA published TSO–C126b, dated and 135.168) requirements for extended over-water November 26, 2012, which does not Currently, aircraft operating in operations would take effect at the same allow using hook and loop fasteners to extended overwater operations must distance from shore for helicopters and secure the ELT in the aircraft. comply with the equipment airplanes. Currently, helicopters are Operators required to comply with requirements in § 135.167. Current § 1.1 allowed more flexibility. However, we this rule can find ELT minimum defines extended overwater operations are withdrawing this revision because it performance standards in FAA TSO– for helicopters as an operation at a was tied to the life raft proposal. C126b ‘‘406 MHz Emergency Locator horizontal distance of more than 50 Additionally, the final rule does not Transmitter,’’ dated November 26, 2012. nautical miles (NM) from the nearest adopt the changes proposed to § 135.167 The FAA notes that the prior versions shoreline and 50 NM from an off-shore which would have made that section of the TSO, TSO–C126a dated December heliport structure. Additionally, applicable only to airplanes. The 17, 2008, and TSO–C126 December 23, removal of the proposed life raft 1992, provide minimum performance 4 Section 306(c)(3) of the FAA Modernization and requirement makes it necessary to leave specifications for 406 and 121.5 MHz Reform Act of 2012 (Pub. L. 112–95) requires the FAA to conduct a rulemaking that addresses use of § 135.167 as it is so that the existing ELTs that are similar to those found in radio altimeters in helicopter air ambulance equipage rules, which include a life raft TSO–C126b. FAA TSO–C126 refers to operations. requirement, apply to helicopters RTCA DO–204 ‘‘Minimum Operational

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Performance Standards for 406 MHz Applicability recovery from an IIMC on an annual Emergency Locator Transmitters,’’ dated As proposed in the NPRM and basis and to understand procedures for December 23, 1992, and FAA TSO– adopted in this final rule, § 135.168 aircraft handling in flat-light, whiteout, C126b and TSO–C126a refer to RTCA contains an operational solution that and brownout conditions. Twelve DO–204a ‘‘Minimum Operational addresses commenters’ concerns about commenters, including AAMS, Air Performance Standards for 406 MHz flights that only cross narrow bodies of Methods Corporation (Air Methods), AMOA, REACH, and the NTSB Emergency Locator Transmitters,’’ dated inland water or bays. A helicopter does supported the proposed change. December 6, 2007. Accordingly, the not need to be equipped with a 406 Twenty-one commenters, including PHI, FAA has changed the rule language to MHz ELT and life preservers if it crosses did not agree with the proposal as allow TSO–C126, TSO–C126a, and the water at an altitude within written. TSO–C126b approved ELTs. autorotational glide distance of the RTCA DO–204 and DO–204a include Some commenters stated that the shore. Autorotational distance refers to testing requirements should be tailored minimum performance standards for the forward distance a helicopter can to the certificate holder’s operating both 406 and 121.5 MHz ELTs. When glide without engine power. During environment. NorthStar Trekking, an beneficial to the operator, the FAA will autorotation the rotors continue turning Alaskan operator, noted that it trains its consider approving installations of a because of the air moving through the pilots for flat-light and whiteout stand-alone 406 MHz ELT to augment rotor as the helicopter loses altitude. conditions, but not for brownout an existing 121.5 MHz ELT installation. Thus, an operator can avoid the need for conditions. Jack Harter Helicopters Life Preservers the additional safety equipment by stated that because it does not operate flying close to the shoreline or at a in areas where whiteout or brownout are In the NPRM, the FAA proposed to higher altitude. For example, for a likely, it should not be required to include a requirement in § 135.168 that helicopter that has a glide ratio of 3 feet include those conditions in its training occupants in overwater operations wear forward to 1 foot of descent, a pilot program. PHI stated that a majority of its life preservers equipped with a survivor flying at an altitude of 1,000 feet would operations rarely encounter flat-light or locator light from takeoff until the flight be able to operate at least 1⁄2 mile from whiteout conditions, and mandating is no longer over water. a shoreline without needing overwater training for those conditions for all PHI asked the FAA to strike the words equipment. This provides flexibility for operators would be an onerous ‘‘from takeoff until the flight is no operators that fly over narrow bodies of requirement. longer over water’’ from the overwater water while still providing the PHI also stated that this regulation life preserver requirement of § 135.168 additional level of safety for overwater would be redundant with and replace them with ‘‘during the and extended overwater operations. § 135.329(e)(1), which requires training overwater portion of the flight.’’ AMOA This standard is consistent with current specific to a certificate holder’s type of asserted that the rule should not require requirements under § 135.183. operation. The NTSB commented that passengers to wear life preservers, but Final Rule the FAA should require operators to rather the life preservers should ‘‘be incorporate safe practices for operations easily accessible’’ during overwater Based on the comments received and in flat-light and whiteout conditions in operations. Med-Trans proposed a additional review of the NPRM, the their training programs. change that would exempt the patients FAA has adopted § 135.168 with LifeFlight of Maine and other ACCT on board medical helicopters from life revisions. The most significant changes members commented that the IIMC preserver and briefing requirements. are to the requirements for helicopter recovery training should be overwater operations in § 135.168. The demonstrated semi-annually. Several Many commenters recommended that FAA has not adopted the proposed individual commenters recommended the FAA exclude patients from life requirements for life-rafts and quarterly training for pilots to maintain preserver requirements because wearing pyrotechnic signaling devices or the proficiency. a life preserver could interfere with the proposed changes to the definition of AAMS, AMOA, and Air EVAC EMS patient’s medical care. These comments extended overwater operations in § 1.1. commented that pilots should be able to mirrored a part 125/135 ARC The proposed amendment to § 135.167 use simulators and flight training recommendation. The FAA did not is not adopted. devices to complete this training. The intend to require transported patients to The final rule requires helicopters to NTSB also supported increased use of wear life preservers if doing so would be equipped with a 406 MHz ELT and simulators for helicopter pilot training. impede the ability of medical personnel occupants to wear life preservers on The FAA finds that helicopter pilots to treat that patient or if it would be helicopter flights operated beyond would benefit from annual testing on all inadvisable for medical reasons, such as autorotational distance from shoreline. three conditions—whiteout, flat light, a need to keep the patient still. The FAA also notes that passenger and brownout. Although some Accordingly the FAA has revised briefing requirements proposed in the conditions may be more prevalent in § 135.168(b)(1) to reflect this intent. NPRM as § 135.168(d) have been moved certain areas, such as whiteout The FAA agrees with commenters that to § 135.117, Briefing of passengers conditions in Alaska or brownout passengers should be able to don life before flight. No substantive changes conditions in desert environments, preservers only for the overwater were made to the briefing requirements. these conditions may occur year-round portion of the flight. After reviewing the These changes will take effect 3 years in many places. This testing will help proposal, the FAA recognizes that a after this rule’s publication. ensure that pilots have a base-level flight may spend significant time over knowledge should they encounter these land before it travels over water. The 3. Pilot Testing for Recovery From IIMC, conditions. To clarify, the rule requires FAA has amended the final rule to Whiteout, Brownout, and Flat-Light that pilots, on the annual written or oral require that occupants wear life Conditions (§ 135.293) test required by § 135.293(a), preservers while the helicopter is The FAA proposed adding new demonstrate knowledge of procedures beyond autorotational distance from the requirements to § 135.293 to require for aircraft handling in flat-light, shoreline. helicopter pilots to demonstrate whiteout, and brownout conditions, and

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methods for recognizing and avoiding weather requirement for rotorcraft, rules. Flights to pick up a patient, the these conditions. They would be based on minimums established in patient transport leg, and the flight required to demonstrate a realistic Operations Specification (OpSpec) returning to base after the patient is course of action to escape IIMC during H105. Several commenters, including dropped off, or other flights with a the § 135.293(b) competency check. As the NTSB, ACCT members, PHI, and patient or medical personnel on board discussed in the NPRM, the FAA AAMS supported the proposed change. would be conducted under part 135. intends for this demonstration to be Kestrel Air commented that the FAA The FAA received many comments from appropriate to the aircraft, equipment, proposed this requirement without organizations and individuals and facilities available to the pilot establishing a connection between supporting and opposing this proposal. during the competency check. The FAA existing standards and accidents Comments addressed the FAA’s finds that an annual check is sufficient involving part 135 helicopter operators accident analysis which formed the because it can be incorporated into a and that there is no accident history to basis of the regulatory evaluation; certificate holder’s existing competency support this proposal. whether part 135 is the appropriate part check schedule. Safety and Flight Evaluations, of the regulations for this change and This new requirement does not International agreed that increased whether repositioning flights should duplicate the crewmember training weather minimums would increase the continue to be operated under part 91; requirements of § 135.329(e)(1). That likelihood of being able to land at the potential limitations on operations; section requires, in part, crewmember alternate if weather deteriorates. flight and duty questions; and how the training, instruction, and practice to However, it also stated that because it is FAA defined flights to be conducted ensure that each crewmember remains often more difficult for a helicopter to under part 135. These comments are adequately trained and proficient for fly out of a weather system to an addressed in detail below. each type of operation in which that alternate airport, as noted in the NPRM, Definition of Medical Personnel crewmember serves. While operators that ‘‘there is little likelihood that an may include training on flat-light, alternate airfield exists that would have The NPRM defined ‘‘medical whiteout, brownout, and IIMC recovery significantly different weather personnel’’ as ‘‘persons with medical in training programs, this rule’s conditions than at the primary airfield.’’ training, including, but not limited to a amendments ensure that these topics Accordingly, Safety and Flight flight physician, a flight nurse, or a will be tested during a pilot’s annual Evaluations, International stated that the flight paramedic, who are carried aboard competency check. The FAA anticipates rule would discourage pilots from flying a helicopter during helicopter air that such training will be incorporated IFR. ambulance operations in order to into training programs so that pilots will Kestrel Air is correct that the FAA did provide medical care.’’ With this rule, be adequately prepared for their annual not cite any accidents to support this any flights for medical transportation competency checks. proposal. However, as noted in the that carry a patient or medical personnel We note that the IMC recovery portion NPRM, this proposal is based on must now be conducted under part 135 of the competency check could be OpSpec H105, which is issued to all rules. performed in a simulator or flight part 135 helicopter operators that NEMSPA suggested a change in the training device, provided that it is conduct IFR operations. Accordingly, definition of medical personnel to consistent with that device’s specific this rule change will not require ‘‘medical personnel means persons approval. operational changes for these certificate approved by State or Federal EMS regulations who are carried aboard a Final Rule holders, so no additional costs will be incurred. OpSpec H105 has established helicopter during helicopter air This rule is adopted as proposed and these minimums and the FAA does not ambulance operations in order to will take effect 60 days after publication provide onboard medical care.’’ AMOA 5 anticipate a change in IFR usage. of the final rule. Section 135.293 This rule is adopted as proposed. requested a change in the proposed requires individuals to complete testing definition of medical personnel to in the 12 calendar months prior to D. Rules Applicable to Helicopter Air ‘‘persons who are carried aboard a serving as a pilot in part 135 operation. Ambulance Operations helicopter during helicopter air The FAA does not intend for pilots to This final rule establishes several new ambulance operations in order to be retested before the new testing requirements for certificate holders provide onboard medical care’’ because requirements take effect. Rather, pilots conducting helicopter air ambulance the rule would limit the types of must comply with the new requirement operations. It changes the applicability medical professionals often transported during their next § 135.293 test. section of part 135 (§ 135.1) to require and could confuse the rule. The FAA clarifies that this definition 4. IFR Alternate Airport Weather some operations that have been is intended to be applied broadly to Minimums (§ 135.221) conducted under part 91 to be conducted under part 135. Additionally, individuals who might be carried Current rules, as provided for in this rule establishes new equipment, aboard to provide care. Requiring § 135.221, require that to designate an operations, and training rules for medical personnel to be approved under alternate airport for an IFR operation, certificate holders conducting air State or Federal EMS regulations may weather reports or forecasts for that ambulance operations which are result in preventing people currently airport must be at or above the alternate codified in new subpart L, §§ 135.601– performing these functions from airport landing minimums for that 135.621. performing them any longer, because airport at the estimated time of arrival. they may be licensed medical In the NPRM, the FAA proposed to 1. Applicability of Part 135 Rules to professionals but not certified under require a more stringent alternate airport Helicopter Air Ambulance Operations state or federal EMS regulation. For (§§ 135.1, 135.267, 135.271, 135.601) example, a nurse might be certified to 5 Section 306(c)(2) of the FAA Modernization and The FAA proposed requiring that all practice by the State board of nursing, Reform Act of 2012 (Pub. L. 112–95) requires the but not under a State’s EMS regulations. FAA to conduct a rulemaking that addresses pilot helicopter air ambulance operations training standards in preventing controlled flight with medical personnel on board be Limiting the definition to this into terrain and recovery from IIMC. conducted under part 135 operating certification could also have the

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unintentional result of allowing received from the commenters, the FAA The commenters are correct that, as operators to use medical caregivers who reviewed the accidents cited in the discussed in the NPRM, currently non- are not specifically certified under State NPRM to determine whether the patient-carrying legs of helicopter air or Federal EMS regulations. As a result, accidents categorized as part 91 ambulance operations may be these individuals would not be included accidents were properly used to justify conducted under part 91. The FAA, in the definition and thus the operator changes to the rule. The NPRM through this rule, is requiring legs with could avoid the part 135 requirements. categorized 33 accidents (out of the 135 medical personnel onboard to be Additionally, we note that the helicopter air ambulance accidents conducted under part 135. The primary definition of medical personnel cited) as occurring during part 91 reason for this change is to protect proposed in the NPRM referenced operations which were given as support medical personnel by ensuring that ‘‘persons with medical training, for including those operations in part those flights are conducted under the including but not limited to a flight 135. more stringent operating rules of part physician, a flight nurse, or a flight The FAA determined that 17 of those 135. As noted by the NTSB, medical paramedic. . . .’’ (See 75 FR 62621) 33 accidents occurred while the personnel ‘‘cannot be expected to (emphasis added). Accordingly, the helicopters were flying in weather meaningfully participate in the definition does not apply to those minimums below those proposed and decision-making process to enhance persons only. Any person with medical that will be required under § 135.609, flight safety or to significantly training who is ‘‘carried aboard a accounting for 42 deaths. Although contribute to operational control of the helicopter during helicopter air some operations were conducted under flight.’’ Accordingly, the FAA ambulance operations in order to part 135, these flights were operated determined that medical personnel provide medical care’’ would fall into below the weather minimums for deserve the same safety protections that the definition of medical personnel. The helicopter air ambulance operations part 135 provides to patients on FAA notes that it made a non- proposed in the NPRM. Therefore, the helicopter air ambulance flights. substantive change to the definition of accidents may have been prevented had Additionally, the FAA is not changing ‘‘medical personnel’’ to clarify that the these helicopters been operating under the rule language to provide a more definition could apply to a single person the stricter rules adopted here and are extensive list of flights that must be as well as to a group. properly included in justifying this conducted under part 135. As discussed 6 above, the rule is clear that if medical Accident Analysis rule. personnel or a patient are on board the AMOA and PHI contended that the Relationship Between Parts 91 and 135 aircraft and the flight is conducted for FAA’s accident analysis used to justify AMOA, Air Evac EMS Inc. (Air Evac medical transportation, then it must be placing more operations under part 135 EMS), AAMS, NEMSPA, and PHI were conducted under part 135. The non- was flawed because it categorized flights among commenters that said that exclusive list is intended to emphasize as occurring under part 91 when, in fact, applying part 135 regulations to that the traditional three-legged many were conducted under part 135 operations traditionally considered to be helicopter air ambulance flight (base to rules. Both organizations cited a 1992 under part 91 is inconsistent with the pick-up site, pick-up site to drop-off memorandum of understanding (MOU) current regulatory framework and could site, drop-off site to base) must now be between the NTSB and the FAA that introduce confusion. Instead, these conducted under part 135. established how air ambulance commenters said changes to enhance Further, the FAA does not anticipate accidents would be categorized. safety requirements for these operations that the placement of these rules in part Pursuant to the MOU, the NTSB should be made by amending part 91, 135 rather than in part 91 will cause categorized accidents involving air not part 135. This would ensure the confusion for certificate holders. It is medical flights without a patient on continuity and applicability of the clear that these rules only apply to part board as part 91 accidents. These current rules. 119 certificate holders authorized to commenters maintained that many of The NTSB supported the proposal conduct helicopter air ambulance the accidents categorized as occurring and stated that it would likely meet the operations under part 135. Part 135 is a under part 91 actually happened when intent of Safety Recommendation A–06– logical place for the regulations affecting the helicopter was operating under part 12. However, it also stated that the list this population. 135 rules even though no patient was on of flights conducted under part 135 The FAA received several comments board. HAI commented that its members must be as complete as possible and about this rule’s impact on helicopter that conduct air medical operations should include maintenance flights, air ambulance operations. First, AMOA, ‘‘currently operate to the requirements training flights, helicopter positioning Air Evac EMS, AAMS, NEMSPA, and of OpSpec A021, which are higher than flights performed without medical PHI commented on the need for current part 135 weather minimums, on crewmembers on board, and other flexibility from the part 135 any leg of a patient transport flight operations that would not be required to requirements during the repositioning whenever medical personnel are on be conducted under part 135 under this leg for training purposes. They have board. . . .’’ rule. traditionally used this leg for training The NTSB noted in its comment that, newly hired second pilots on as detailed in its Special Investigation 6 The remaining sixteen accidents originally instrument approach procedures and Report on Emergency Medical Services identified as part 91 operations were flying above stated that they cannot do the same kind Operations, 32 of the 41 helicopter air the weather minimums established in this rule and of training when operating under part ambulance accidents investigated by the are therefore no longer being used to support 135 rules as they can when operating § 135.609. However, 10 of these accidents were NTSB occurred while the aircraft was cited in the NPRM in support of other proposed under part 91 rules because the pilot in operating under the flight rules rule provisions. The FAA finds that these accidents training would not be able to specified in part 91. are still applicable to those provisions. Six manipulate the controls. Commenters The FAA acknowledges that the accidents were removed from the final rule’s were concerned this proposal could accident analysis. See the Final Regulatory commenters correctly described the way Evaluation for a full explanation of the accident significantly inhibit IFR operations by accidents are categorized under the analysis, and methodology used to review the helicopter air ambulance operators. MOU. In light of the information accidents. Second, HAI commented that a

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requirement to conduct helicopter air Flight and Duty Time Limitations 135.271 flight time and rest ambulance operations under part 135 (Proposed §§ 135.267 and 135.271) requirements but instead added would prevent operators from using As discussed in the NPRM, one language to those sections to clarify GPS approaches certified for part 91 impact of requiring flights traditionally ‘‘flight time’’ as a term that includes any operations. conducted under part 91 to be helicopter air ambulance operation as The FAA has determined that conducted under part 135 is that these defined in § 135.601. As established by applying part 135 rules will have only flights will now count toward a pilot’s this rule, all helicopter air ambulance a limited effect on training. Operators flight time limitations. In the NPRM, the operations with medical personnel or may continue training pilots on FAA proposed adding language to patients on board must be conducted instrument approaches during flights §§ 135.267 and 135.271 to clarify that under part 135. The provisions of with no passengers, medical personnel, helicopter air ambulance operations §§ 135.267 and 135.271 would therefore or patients on board. The FAA has conducted under part 135 must be apply to the helicopter air ambulance determined that the safety benefits of included in a pilot’s flight time. operations previously conducted under this rule outweigh the fact that Members of ACCT support including part 91. certificate holders may need to conduct pilot duty time limitations in the change In the final rule, the FAA did not add additional training flights. to require more helicopter air the proposed references to helicopter air The FAA finds HAI’s concern about ambulance flights to be conducted ambulance operations in §§ 135.267 and limitations on GPS approaches to be under part 135. The Advanced Life 135.271 because they are redundant unwarranted. All instrument Support and Emergency Response Team with the amendments to § 135.1. Any approaches are designed and certified to agreed with requiring flight time for a operation that must be completed under part 97 Terminal Instrument Procedures part 135 operation when medical part 135 must comply with the (TERPS) requirements. Use of these personnel are on board to count toward applicable flight and duty time approaches is not restricted to flights a pilot’s daily flight time limitations and limitations of part 135, and this action conducted under certain operating stated it already operates under this does not eliminate this requirement. As rules. They can be used by an operator policy. commenters noted, §§ 91.13 and 135.69 conducting flights under part 91, 121, or PHI, AMOA, and Air Evac EMS provide some safeguards, but the FAA 135. commented that the current flight time has determined that the flight time The NTSB also stated that although and duty limitations in § 135.267 should limitations and rest requirements of part part 91 may provide additional not be altered. PHI believes the proposal 135, subpart F, are the rules to follow ‘‘operational flexibilities due to is inconsistent with FAA regulatory to prevent pilot fatigue. The FAA also notes that it received decreased visual flight rules (VFR) structure and discriminates against the several comments about whether weather minimums and no flight crew helicopter air ambulance industry circumstances beyond the control of the rest requirements’’ it believes that these without justification. AMOA does not certificate holder would permit benefits ‘‘are greatly overshadowed by agree with adoption of § 135.267(g). the increased risk that such operations PHI also commented that there exceeding the flight time limitations in have historically posed.’’ currently are no part 135 regulations § 135.267. The FAA believes that these Additionally, the FAA acknowledges that prevent a pilot from flying while comments mirror those submitted to the that certificate holders may not be able fatigued. The commenter said that the FAA in response to a draft legal to conduct certain operations because of pertinent regulation resides in part 91, interpretation published for comment the more stringent part 135 part 135 operators must comply with that addresses this issue. See Docket No. requirements. For example, the weather part 91, and that current rest and duty FAA–2010–1259 (Dec. 23, 2010). The minimums may be below part 135 requirements do not guarantee that a FAA advises commenters that it issued standards, but would have been pilot will not be fatigued, even if a withdrawal of the referenced acceptable for a part 91 operation. complying with the regulations. Air interpretation in the same docket on Similarly, additional part 135 flights Evac EMS commented that §§ 91.13 and November 7, 2013 (79 FR 66865) and is may mean that a flightcrew member 135.69(a) afford sufficient protection not taking any action in this rule. To do reaches flight time limitations more and claimed that the best measure so would be outside the scope of the quickly. Nevertheless, the FAA has against pilot fatigue is the pilot knowing rule because the issue presented in the determined that these restrictions are when to decline a flight request and draft legal interpretation is one that was appropriate given the increased safety of appropriate oversight. not addressed in the NPRM. operations that are expected as a result AMOA and Air Methods claimed that Final Rule of this regulation. However, the FAA is no accidents as a result of crew rest Upon review of the NPRM, the FAA not extending this regulation to flights issues were cited to support this made changes to the rule text in conducted without medical personnel proposal and its change is a profound §§ 135.1 and 135.601. The FAA did not onboard. The FAA has determined that shift in the agency’s regulatory structure adopt the proposed changes to such an extension would go beyond the that would cause pilots to rush to stay §§ 135.267 and 135.271. The stated rationale of providing additional within the prescribed duty period. PHI applicability statement in § 135.1 was protections to the medical personnel and AMOA recommended retaining the revised for clarity. In § 135.601, the FAA and passengers onboard the helicopter. current requirements until the FAA has removed the definition of helicopter air Air Methods commented that reviewed all part 135 pilot rest ambulance because it was unnecessary operators should follow the weather requirements. and revised the definitions of helicopter minimums specified in A021, which are PHI and numerous other commenters air ambulance operation and medical more stringent than the baseline part requested flexibility for pilot rest personnel for clarity. All of these 135 weather minimums. The FAA requirements under circumstances changes are non-substantive.7 agrees and, as discussed later, is beyond the control of the pilot or adopting those weather minimums into operator. 7 Section 306(a) of the FAA Modernization and part 135 regulations applicable to The FAA did not propose any Reform Act of 2012 (Pub. L. 112–95) requires helicopter air ambulance operations. substantive changes to §§ 135.267 and helicopter air ambulance operations to comply with

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2. Weather Minimums (§ 135.609— the weather requirements of OpSpec a local flying area. Weather minimums Proposed § 135.607) A021. See Table 4 below. The proposed are less stringent in local flying areas weather minimums for uncontrolled because of pilots’ increased familiarity Currently, part 135 regulations require airspace are determined by whether the with obstacles and the operating visibility of at least 1⁄2 statute mile helicopter is flying in a mountainous or environment. Based on the NPRM, in all during the day and 1 statute mile at non-mountainous area and whether, flying areas, helicopter pilots using an night for VFR helicopter operations at within those classifications, the flight is FAA-approved night vision imaging an altitude of 1,200 feet or less above taking place in a certificate holder’s system or FAA-approved HTAWS can the surface in Class G airspace. In the local flying area or is a cross-country fly in lower weather minimums during NPRM, the FAA proposed to add more flight. The NPRM defined a local flying night operations because those systems stringent weather minimums for area as 50 NM in any direction from an provide benefits for avoidance of helicopter air ambulance operations. As operator’s base of operation. A cross- obstacles and controlled flight into stated in the NPRM, this rule codifies country flying area is an area other than terrain avoidance.

TABLE 4—VFR CEILING AND FLIGHT VISIBILITY REQUIREMENTS

Day Night Night using an approved NVIS or Location HTAWS Ceiling Flight visibility Ceiling Flight visibility Ceiling Flight visibility

Nonmountainous 800-feet ...... 2 statute miles ..... 1,000-feet ...... 3 statute miles ..... 800-feet ...... 3 statute miles. local flying areas. Nonmountainous 800-feet ...... 3 statute miles ..... 1,000-feet ...... 5 statute miles ..... 1,000-feet ...... 3 statute miles. non-local flying areas. Mountainous local 800-feet ...... 3 statute miles ..... 1,500-feet ...... 3 statute miles ..... 1,000-feet ...... 3 statute miles. flying areas. Mountainous non- 1,000-feet ...... 3 statute miles ..... 1,500-feet ...... 5 statute miles ..... 1,000-feet ...... 5 statute miles. local flying areas.

The FAA received support for this determined that it would be overly less restrictive local flying area weather provision from several commenters. The restrictive to require operators to minimums pilots will demonstrate NTSB supports codifying the more designate a local flying area that would knowledge of that area. The title of this stringent weather minimums of OpSpec not be used. The certificate holder will section has been changed for A021. PHI agrees with the proposal. not be required to designate a local clarification. AAMS expressed support for this flying area but may do so in order to use 3. IFR Operations at Airports Without provision but opposed the requirement the less stringent weather minimums. If Weather Reporting (§ 135.611— that operators must designate a local an operator does not designate a local Proposed § 135.609) flying area, commenting that there are flying area, operations must be some areas where using cross country conducted in accordance with the more Current part 135 regulations only weather minimums would be preferable. restrictive non-local-flying-area permit instrument flight into and out of They recommended replacing the word minimums in the rule. Thus the change airports with an on-site weather ‘‘must’’ with ‘‘may.’’ Similarly, AMOA, in the rule will not negatively affect reporting source. The FAA proposed Air Evac EMS, and individual members safety. allowing helicopter air ambulance of ACCT commented that a local flying As discussed in the NPRM, a pilot operators to conduct IFR operations at area should be optional and that the must demonstrate familiarity and airports and heliports without a weather FAA should also allow for non- detailed knowledge of the hazards and reporting facility if they can obtain contiguous local flying areas. Safety and high altitude terrain in local flying areas weather reports from an approved Flight Evaluations, International agrees in order to use the lower minimums. weather reporting facility located within with the proposal to increase the VFR Thus, the final rule includes a 15 NM of the destination landing area weather minimums, but disagrees with requirement that a pilot may not use the and meet other pilot and equipment the proposed implementation and local flying area weather minimums requirements. commented that there should not be a unless that pilot has passed an The NTSB supported the proposal, differentiation between the weather examination given by the certificate agreeing that it would ‘‘provide an minimums for ‘‘local flying areas’’ and holder within the 12 months prior to environment suitable for increased use ‘‘cross country flying areas’’ and that the using the local flying area weather of IFR,’’ and noting that it would proposed rule inappropriately decreases minimums. partially respond to Safety the minimums when the aircraft is Additionally, the final rule will allow Recommendation A–06–93 ‘‘because of equipped with an approved night vision non-contiguous local flying areas rather the potential increase in the availability imaging system or HTAWS. than tying them to the certificate of IFR approaches for HEMS operators.’’ Final Rule holder’s base of operations. This rule AMOA commented that all part 135 does not restrict the number of local operators should be able to use these The FAA is adopting this provision flying areas an operator may designate. procedures. The FAA did not propose with several changes. Based on the The intended safety standard will be permitting all part 135 operators to use comments received, the FAA maintained because before using the these procedures in the NPRM and to

part 135 weather minimums and flight and duty time rules whenever medical personnel are onboard the aircraft.

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expand the applicability at this time or under OpSpec A021, on which this controlled environment, thereby would not be within the scope of this rule is based. The area forecast increasing safety. rule. Accordingly, the FAA is not allowance of the exemption and OpSpec 4. Approach/Departure IFR Transitions extending this requirement to all part A021 is the same as in this final rule (§ 135.613—Proposed § 135.611) 135 operators. language. This rule was proposed to establish Use of an Area Forecast as an Alternate Pilot and Equipment Requirements weather minimums for helicopter air Weather Source The FAA also revised the rule ambulances that have been using an Currently, OpSpec A021 is issued to language to eliminate several sections instrument approach and are now helicopter air ambulance operators and that were determined to be redundant transitioning to visual flight for landing. allows the use of an area forecast as an with existing part 135 regulations. The This section is intended to encourage alternate weather source. The Society of redundancies removed were the IFR operations because of their safety Aviation and Flight Educators noted requirements for pilots to: (1) Have a benefits. Pilots on an instrument that the changes to OpSpec A021 were current § 135.297 instrument approach would, upon reaching a point made because the FAA had determined proficiency check; (2) hold an in space at a minimum descent altitude that navigation by instruments is safer instrument rating; (3) complete a course or decision altitude, continue the flight than navigation by visual reference. The including a review of IFR regulations, to the landing area under visual flight revisions specifically included area interpreting weather, reviewing rules if conditions permit. The weather forecasts to facilitate greater use of the instrument charts, and crew resource minimums that pilots will follow are instrument flight rules system. Many management; (4) learn methods for based on the type of approach the pilot operators developed an instrument determining present visibility and is flying and the distance between the flight rules system that uses those ceilings; and (5) be tested on approaches missed approach point and the heliport forecasts. authorized under this provision. In all or landing area. Pilots continuing on the The Society of Aviation and Flight these cases the FAA finds that pilots ‘‘proceed visually’’ segment of an Educators contended that this proposal who conduct part 135 operations must instrument approach into an airport or would require an operator to either add already meet these standards, or that heliport for which the approach is an approved automated weather station these standards are sufficiently designed would follow the weather at a location within 15 NM or to operate incorporated into current pilot training minimums on the approach chart when completing that approach. with visual flight rules. This, according requirements. The FAA notes that in most cases the to the commenter, would significantly The FAA also deleted the proposed rule permits flight under less restrictive undermine the ability of operators to requirements for aircraft to be equipped with an autopilot if used in lieu of a weather minimums than are currently add instrument operations as a safety allowed for cruise flight in uncontrolled improvement. PHI, AMOA, ACCT, second in command as required by § 135.101, and for the aircraft to be airspace. As noted in the NPRM, MaxViz, and the Health Care District of obstacles in the vicinity of an Palm Beach County all echoed the call equipped with navigation equipment appropriate to the approach to be flown. instrument approach are flight-checked for adding the area forecast as an and marked on instrument approach acceptable alternative if a weather Again, this requirement is redundant with existing §§ 135.101 (SIC) and charts. It is less likely that pilots would reporting station is not available. encounter unexpected obstacles when The NPRM proposed a higher 135.105 (autopilot), which must be followed during part 135 operations. following an instrument approach chart. standard than that required by OpSpec However, if the distance of the VFR A021. That operations specification In response to a comment from AMOA that the references to ‘‘storm portion of the flight is 3 NM or more, permits an operator to use an approved then the VFR weather minimums for weather reporting source if one is scopes’’ were outdated, the FAA deleted the references in proposed that class of airspace apply. We located within 15 NM of the landing emphasize that if a 3-NM-or-more VFR area but if there is not such a source § 135.609(b)(2) to ‘‘airborne weather radar’’ and ‘‘lightning detection’’ as segment is flown in Class G airspace, within that distance from the landing the applicable VFR weather minimums area, an area forecast may be used. types of severe-weather detection equipment. The final rule requires that would be those found in § 135.609. In response to comments, and upon The rule also permits a pilot to depart helicopters conducting these operations further review, the FAA has changed the with a VFR-to-IFR transition under the be ‘‘equipped with functioning severe requirements of this rule from those less restrictive weather minimums weather-detection equipment.’’ proposed in the NPRM. This final rule allowed for approaches if the pilot allows IFR operations at an airport Requirements for Departures follows an FAA-approved obstacle without weather reporting if the The rule requires that the weather at departure procedure, has filed an IFR certificate holder has an area forecast for the departure point must be at or above flight plan and obtains an IFR clearance the vicinity of the destination landing the minimums for visual flight rules for at a predetermined location, and the from the National Weather Service, a a pilot to make an IFR departure. The transition to IFR occurs no farther than source approved by the NWS, or a pilot in command is authorized to 3 NM from the departure point. Pilots source approved by the FAA. As determine whether the weather meets who cannot meet these requirements discussed in the NPRM, the FAA finds the takeoff requirements of part 97 or of must use the standard VFR weather that an area forecast is sufficient for the the certificate holder’s operation minimums required for that class of purposes of this rule because helicopter specification. airspace, which would be those found air ambulance operators have a history The FAA concludes that this new in § 135.609 for Class G airspace. As 8 of safely operating under an exemption provision will increase instrument flight noted in the NPRM, a pilot who simply and result in more air ambulance flies the reverse course of the approach 8 Exemptions No. 9490 and 9490B (Regulatory used when landing would not be Docket No. FAA–2006–26407); Exemption No. 9665 helicopters operating in a positively (Regulatory Docket No. FAA–2008–0169); following an FAA-approved obstacle Exemption No. 6175 (Regulatory Docket No. FAA– Exemption No. 6175G (Regulatory Docket No. FAA– departure procedure. That is because 2001–9195) (granting authority for departures only); 2001–9195). this procedure has not been flight-

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checked to specific departure criteria that the ICAO operational requirements The FAA received 79 comments on and therefore obstacle clearance cannot are not significantly different from this the proposal for VFR flight planning, be guaranteed. rule. In both cases, once the pilot including comments from several A total of 21 individuals affiliated concludes the IFR portion of the flight, individuals affiliated with ACCT, Air with PHI commented on the proposal the pilot is no longer under air traffic Evac EMS, PHI, and REACH. Sixty-nine for this rule. These commenters control and is operating under VFR. commenters, including ACCT, AMOA, supported the proposed rule and noted Further, the ICAO PANS–OPS PHI, Air Evac EMS, Angel One that it is consistent with current OpSpec paragraph 4.1.2.2 contemplates that Transport, and REACH, agreed with the A021 requirements. Commenters also member States may establish minimum proposed language. noted that proposed § 135.611(a)(2) visibility for PinS Proceed VFR NEMSPA strongly opposed the contained an incorrect cross reference to procedures. We note that this rule does ‘‘highest obstacle determination’’ of the § 135.611(a)(1)(i). not address instrument approach design proposed rule, commenting that this Safety and Flight Evaluations, standards. These are what dictate the requirement would have dangerous International stated concerns with the length of a segment between a missed unintended consequences since pilots construction of some PinS approaches. approach point and a landing area. The with launch time requirements would First, it noted the complexity in FAA expects that pilots who transition have up to 40 percent of their available distinguishing between ‘‘proceed to VFR and then encounter weather preflight time taken up by a superfluous visually’’ and ‘‘proceed VFR,’’ because below VFR minimums would execute a task, resulting in the likelihood that the weather minimums on the approach missed approach procedure, a standard some critical items will not be charts apply to ‘‘proceed visually’’ procedure followed when an instrument accomplished. This commenter further segments, while the distance from the approach cannot be completed, if asserted that the highest obstacle missed approach point to the landing available, or follow appropriate requirement should only apply when area dictates the weather minimums. It emergency procedures. flying outside of the local flying area in stated that having various minimums The title of § 135.613 has been a helicopter not equipped with a night was complex and would not encourage changed so that it more accurately vision imaging system or HTAWS, when IFR operations. Next, it noted the reflects its subject. Additionally, the the reported or forecasted weather possibility that a pilot could reach the section has been reorganized for conditions are less than 5 statute miles missed approach point, determine that clarification. visibility and/or the ceiling is less than the weather meets the requirements to 3,000 feet above ground level or above proceed VFR, and then lose sight of the 5. VFR Flight Planning (§ 135.615— the highest obstacle on the course. landing area. This would leave the pilot Proposed § 135.613) Although agreeing with this proposal, unable to continue IFR because the pilot In the NPRM, the FAA proposed to several commenters, including AMOA, would no longer be in protected require helicopter air ambulance pilots Air Evac EMS, and individual members airspace. Finally, Safety and Flight conducting operations under VFR to of ACCT, recommended applying it to Evaluations, International commented perform preflight planning to determine all part 135 operators. The NTSB agreed that ICAO has established clearer the minimum safe altitude along the with the intent of the requirement, but requirements for similar operations and planned route.9 This proposal would believes a number of issues should be asked whether the proposed codify a provision in OpSpec A021. clarified. It commented that the FAA requirements comply with ICAO As proposed, the rule requires should provide guidance for minimum Procedures for Air Navigation helicopter air ambulance pilots route width requirements for obstacle Services—Aircraft Operations (PANS– conducting VFR operations to evaluate, and terrain clearance evaluation, OPS) definitions which limits the document, and plan to clear terrain and because aircraft may deviate from the proceed VFR PinS procedure to no more obstacles by no less than 300 feet for planned course centerline. Several than 3 kilometers. day operations, and 500 feet at night. commenters also noted that requiring As a result of this comment, the FAA With this minimum safe cruise altitude that obstacles be cleared vertically is not revised the rule language for established, the pilot must then use it to practical when some obstacles can be clarification. During preflight planning, determine the minimum required cleared by flying around them and pilots will be able to identify the type ceiling and visibility for the flight. If the recommended adding a corresponding of approach to be flown, the distance to weather minimum will not permit route width to the visibility minimum. the destination from the missed visual flight at the minimum safe cruise The NTSB also requested that the FAA approach point and determine the altitude, the pilot must conduct the clarify whether route evaluations must applicable weather minimums for the flight under IFR or not fly at all. The be performed before each flight or if an VFR segment of the flight. This section proposed rule allowed for deviations approval of a flight path can be does not apply to ‘‘proceed visually’’ from the planned flight path if performed on a less frequent basis for segments of instrument approaches, conditions or operational considerations frequently flown routes. which are the final segments (minimum make it necessary. If deviating, however, The FAA has determined that descent altitude or decision height) of the pilot must still observe the weather establishing a minimum route width instrument approaches prior to landing. or terrain/obstruction clearance would have an overly burdensome effect VFR flight rules do not apply to requirements. This rule is intended to on helicopter air ambulance operations ‘‘proceed visually’’ segments. Instead, prevent obstacle collisions by requiring and pose operational difficulties for the weather minimums for ‘‘proceed pilots to be aware of the terrain and pilots who fly in mountainous or urban visually’’ segments are found on the highest obstacles along a planned route. environments. A minimum route width approach chart. This section applies to would require pilots to fly at an altitude the ‘‘proceed VFR’’ segments of PinS 9 Section 306(a) of the FAA Modernization and sufficient to clear the obstacles within approaches and VFR maneuvering after Reform Act of 2012 (Pub. L. 112–95) requires the the designated route width. As an transitioning to VFR from an IFR FAA to conduct rulemaking on helicopter air example, a 3-mile route width ambulance operations to address ‘‘flight request and approach. dispatch procedures.’’ Though the benefits are less requirement could force a pilot who The FAA has reviewed the ICAO than costs for this provision, it satisfies the safely flies under visual flight rules in PANS–OPS requirements and concludes Congressional mandate as required by the Act. a valley to operate at an altitude above

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the highest peak because the mountains whether the flight has been rejected by analysis before the first leg of a on each side would be included in the another operator. The purpose of this helicopter air ambulance operation. As route width. This could easily place a exercise is to give certificate holders a discussed in the NPRM, it would be visual flight operator into instrument way to assess risk and determine completed before departure on the first flight conditions. The FAA recognizes whether any risks can be mitigated so leg, but take into account factors that that helicopter air ambulance operations that the flight can be conducted safely. may be encountered during the entire can be safely conducted under VFR, and A total of 83 commenters, including operation. The FAA acknowledges that therefore has chosen not to impose this Air Methods, Advanced Life Support certain parts of a preflight risk analysis limitation. Operators would need to and Emergency Response Team can be accomplished at the beginning of evaluate the route prior to each VFR (A.L.E.R.T.), Med-Trans Corporation a shift. However, time-sensitive operation. (Med-Trans), NEMSPA, the NTSB, components of a preflight risk analysis, This requirement is intended to REACH, and Staff for Life commented such as crew fatigue, weather, required prevent obstacle collisions by ensuring on this section. Several of those fuel, and route-specific information, that pilots know the minimum safe commenters, including ACCT, should be conducted as close to the altitude that would permit clearance for MedCenter, MedServ International, LLC flight launch as possible. A blanket all obstacles along the route. Therefore, (MedServe), NEMSPA, and NTSB analysis at the beginning of each shift the FAA considers that VFR flight agreed with the proposal. may not provide an accurate risk planning is not a superfluous task for assessment. pilots with launch time requirements, Operational Considerations The FAA acknowledges that the pre- but rather an important safety The NTSB noted that this rule should flight risk analysis will be an additional requirement. Additionally, the FAA not be a substitute for the safety benefits requirement that must be performed concludes that all helicopter air that would be provided by an OCC. before beginning a helicopter air ambulance operations flights conducted Other commenters, including HAI, Med- ambulance operation and certificate under VFR will benefit from this safety Trans, and REACH, thought that the holders may not be able to launch a requirement, and does not intend to proposed requirement might duplicate flight as quickly as before. The initial restrict this requirement to flights the requirements for an OCC or safety regulatory evaluation estimated that the outside of the local flying or flights management program. A.L.E.R.T. said preflight risk analysis would take 10 without a night vision imaging system that documenting risk assessments for minutes to complete. The FAA has or HTAWS. every flight would be counterproductive determined that a 10-minute delay is This rule requires a pilot to perform and would delay responses without acceptable because of the safety benefit preflight planning from takeoff to improving safety and that it performs a of identifying risks before flight. landing for each flight conducted under risk assessment for every shift—not The FAA also understands that there VFR. This rule does not permit a pilot every flight. Staff for Life said that the will be overlap between this to conduct preflight planning on a less risk assessment is not necessary because requirement and the OCC requirement frequent basis for frequently flown it has never done anything to save lives for certificate holders with 10 or more routes. The purpose of flight planning and pilots are constantly assessing the helicopter air ambulances. Under that before each flight is to ensure that the risks during preflight, flight, and post- requirement, both the operations control information used is current, as flight. specialist and the pilot in command will conditions and obstacles may change The FAA disagrees that a pilot’s in- be required to complete and approve the between each flight. However, the FAA flight assessment of risks is a sufficient risk analysis worksheet. This overlap is notes that if a route is flown routinely, substitute for the preflight risk intended to provide larger operations the amount of time required to do the assessment. Rather, they are with an additional measure of review preflight planning may be reduced. As complementary. The purpose of over the flight’s risk analysis. noted in the NPRM, a helicopter air assessing risk before an operation is to Content of the Pre-Flight Risk Analysis ambulance mission may include more be able to mitigate those risks before the than one leg. The flight plan may be operation, thereby preventing a pilot Thirty-five commenters, including Air completed for the whole mission prior from encountering an unmanageable Methods and REACH, did not agree to the first leg, but each subsequent leg situation while in the air. It is of course with the proposal to require certificate of the mission must be reconsidered possible that a pilot will encounter risks holders to establish a procedure to before takeoff and amended as while conducting the helicopter air determine whether another operator has appropriate. ambulance operation despite having refused or rejected a flight, saying that The FAA will not apply this performed a preflight risk assessment, such a procedure would be too requirement to all commercial and it is then that the pilot’s skills will haphazard and unreliable to serve as a helicopter operations because it is not be used to mitigate those risks. As regulatory requirement. AMOA said the within the scope of the rulemaking. discussed in the NPRM, the FAA and provision is unfair and unrealistic This requirement is adopted as the NTSB have identified several without a companion requirement for proposed with minor edits for accidents which may have been operators to report a flight rejection. clarification. prevented had a preflight risk analysis PHI, like AMOA, believes reporting of been completed. The NTSB concluded flight rejections by other operators 6. Pre-Flight Risk Analysis (§ 135.617— cannot be done uniformly unless the Proposed § 135.615) that ‘‘implementation of flight risk evaluation before each mission would other operators are required to report The FAA proposed establishing a enhance the safety of emergency that information. requirement for helicopter air The FAA has communicated with medical services operations.’’ 10 ambulance operators to conduct a State EMS medical directors, advising This rule requires the pilot in preflight risk analysis. The risk analysis them of the problem of helicopter command to conduct a preflight risk would focus on such variables as the shopping. We will continue this characteristics of the planned flight 10 NTSB, Special Investigation Report on outreach to emphasize the importance path, flight crewmember ability to safely Emergency Medical Services Operations (NTSB/ of obtaining the reasons for flight refusal conduct the operation, weather, and SIR–06/01) 4 (Jan. 25, 2006). by helicopter air ambulance operators.

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We will also work with emergency dispatchers why a flight is refused or risk analysis procedures be deleted. An dispatchers and certificate holders in rejected to provide valuable safety individual commented that the sharing this information. information to other operators. It may requirement to retain the records of the Two commenters, including the also encourage emergency dispatchers risk analysis for 90 days is inconsistent Society of Aviation and Flight to develop procedures for obtaining this with the load manifest and flight log Educators, agreed with the requirement information. data retention requirements. to obtain concurrence on the preflight In the final rule, the FAA did not This requirement is based on FAA risk analysis from someone other than change the requirement for management Notice 8000.301, Operational Risk the flightcrew during marginal weather. approval of flights in situations where a Assessment Programs for Helicopter Air Methods said the requirement for predetermined risk level is exceeded. Emergency Medical Services, which, in managerial approval of the preflight risk The FAA has determined that part, provides practical examples of analysis when flight risk exceeds a management input provides an preflight risk assessments. The FAA has predetermined level is unfeasible. PHI important second opinion on whether to determined that these examples, along said it has its own risk assessment, conduct a flight if the risk is not clear with this rule, provide adequate which requires operational control cut. The FAA reiterates that direction to certificate holders for management approval for flight requests management involvement must not be implementation of this rule. The FAA above a preset risk matrix level. used to pressure pilots into conducting will provide guidance to inspectors on PHI requested eliminating the a flight that the pilot has determined to how to enforce this rule. Nevertheless, requirement for the pilot’s signature on be unsafe. Likewise, the FAA the rule has been designed to allow the risk assessment before takeoff. emphasizes that the rule permits flexibility so that certificate holders can Another commenter asked whether an certificate holders leeway to develop develop procedures appropriate for their electronic signature would be sufficient. preflight risk assessment procedures operations. The rule requires operators to that work for them within the Finally, the FAA is not modifying the establish and document, and include in parameters set by the rule. Operators 90-day data retention requirement. The their FAA-approved preflight risk like PHI, which have established 90-day retention will allow the operator analysis, a procedure for determining procedures, may comply with this to conduct a quarterly review to identify ‘‘whether another helicopter air requirement by incorporating their trends in its operations to further ambulance operator has refused or existing procedures into the mandated mitigate risks in future flights. This rejected a flight request.’’ The FAA risk assessment. requirement is adopted as proposed.11 understands the commenters’ concerns Regarding whether an electronic regarding the ability to obtain signature on the preflight risk 7. Operations Control Centers (OCCs) information about flight refusals and assessment would be accepted, the final (§§ 135.619, 120.105, and 120.215) rejections from other operators. To rule does not specify the method by The proposal included a new clarify, it is not the intent of this rule which a pilot must sign a preflight risk requirement that certificate holders with to require a definitive declaration on the assessment. The purpose of the risk 10 or more helicopter air ambulances preflight risk assessment as to whether analysis requirement is to ensure that establish OCCs staffed with operations the flight has been refused or rejected by pilots examine the risks associated with control specialists. These specialists another operator. Rather, it would be an operation and get information to would take part in preflight risk analysis acceptable for a certificate holder that is mitigate those risks. The signature is required by § 135.617, maintain two- called for a flight to ask the dispatcher important because it is the pilot’s way communications with pilots, give offering the flight if another operator has verification that the information in the pilots weather information, and monitor turned it down. If the person offering risk analysis is accurate and complete. the progress of the flight. They would the flight (emergency dispatcher, 911 Therefore, an electronic signature would ensure that the pilot has completed the operator, etc.) does not know or cannot be acceptable. FAA guidance on preflight risk analysis worksheet, give the reason why the flight was electronic signatures is found in confirm and verify the entries on the turned down, the certificate holder need Advisory Circular (AC) 120–78 (October worksheet, and work with the pilot to only make note of that in the preflight 29, 2002). mitigate any identified risk. The risk analysis and factor in that Other Comments specialist would also sign the risk information as deemed appropriate. assessment worksheet along with the Compliance with this rule does not A few commenters, including Metro pilot. Certificate holders would be require certificate holders to call other Aviation and REACH, stated that the required to train and provide enough operators to ask if the flight was refused proposal for the risk assessment was staff for their OCCs to make sure these or rejected or to inform other operators unclear and left significant room for services could be provided. that they have refused or rejected a interpretation and inconsistent or flight. A flight would not be presumed uneven enforcement. Many commenters Applicability of the Rule high risk just because there was no asked that the FAA revise its previous A number of commenters (including definitive response from an emergency guidance on risk assessment to more AMOA, NTSB, LifeFlight of Maine, dispatcher about whether the flight was adequately reflect current industry best AAMS, Air Evac EMS, NEMSPA, PHI, refused or rejected by another operator. practices and provide more consistency and ACCT) addressed the proposed An operator following this procedure to the risk assessment and mitigation requirement for certificate holders with will have fulfilled its duty with respect process. 10 or more helicopter air ambulances to to the rule. Some commenters asked the FAA to have an OCC. The FAA has determined that develop and improve the preflight risk although the flight refusal or rejection analysis worksheets so they can be more 11 Section 306(d)(1) of the FAA Modernization information need not be definitive, it meaningful and useful to pilots, crews, and Reform Act of 2012 (Pub. L. 112–95) requires can yield useful information about the and operations center personnel. Four the FAA to conduct a rulemaking that provides for a flight risk evaluation program in helicopter air potential risk of a flight. Additionally, commenters, including Air Methods, ambulance operations. Additionally, section the FAA believes that this requirement Metro Aviation, and AMOA, asked that 306(c)(1) requires the rule to address flight request will encourage certificate holders to tell the requirement for FAA approval of the and dispatch procedures.

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These commenters objected to operators to combine OCC functions for FAA is requiring an OCC only for applying this requirement only to multiple certificate holders that are certificate holders with 10 or more operators with 10 or more helicopter air under the same management. They said helicopter air ambulances, as proposed. ambulances. One commenter said that that this will achieve the benefits of an As discussed in the NPRM, these larger fleet size has no bearing on the stated OCC without the additional cost. They certificate holders will gain the most risks a pilot faces. AMOA, Air Evac also noted that this change would benefit from an OCC because their EMS, ACCT, and PHI called the prevent companies from establishing operations are more complex. This distinction ‘‘arbitrary and subjective’’ multiple certificates with 9 or fewer requirement will cover approximately and said this distinction does not helicopters on each to avoid the OCC 83 percent of the U.S. helicopter air recognize the complexity of operating requirement. ambulance fleet. less than 10 helicopter air ambulances Angel One Transport, a hospital-based The FAA specifically asked for that are geographically separated. All of pediatric critical care transport in Little comments on whether the applicability these commenters suggested that if there Rock, Arkansas, commented that the of this requirement should be based on are clear benefits to the use of an OCC, proposed exclusion of fixed-wing air the number of operations or hours flown then the requirements should be ambulances and air ambulance by each aircraft, rather than fleet size. applicable to all. operators with less than 9 helicopters After evaluating the comments, the FAA The NTSB commented that if creates an ‘‘at risk’’ group in the air has concluded that fleet size is the best operators with less than 10 helicopters medical industry. Angel One Transport method for determining whether the are not included in this requirement, said that ‘‘as a small operator, our OCC requirement would apply. The then they ‘‘will transport approximately program has many of the same fleet size requirement is easily observed 100,000 patients or more per year characteristics of an OCC established in and evaluated by industry and the FAA. without the added safety benefit of an our program’s operations though we do Additionally, the FAA does not have OCC.’’ Commenters explained that not meet the stated letter of the law in data that would allow us to determine while the requirement should apply to the NPRM.’’ Angel One Transport asked how many hours or number of all operators, it should be scalable for the FAA to consider adding language operations would constitute a complex those with less than 10 helicopters. that allows smaller operators to have the operation, nor has the FAA received Comments referenced AC 120–96, ‘‘functional capabilities’’ of an such information during the comment which provides guidance for setting up operations control center, noting that period. OCCs for four levels of operators based ‘‘the functions of an OCC are invaluable The FAA acknowledges that one on size. but the financial obligations for a small company may hold several certificates LifeFlight of Maine commented that operator to comply with such for helicopter air ambulance operations. all air ambulances (both rotor and fixed requirements are cost prohibitive.’’ In these circumstances, each certificate wing) should have an OCC and that Another small operator, A.L.E.R.T. in would be evaluated independently while 24 large certificate holders Kalispell, Montana, operates with only rather than in the aggregate. Provided operate 70 percent of the aircraft in the one helicopter. The commenter stated that each certificate holder has fewer industry (as stated in the NPRM), that the requirement for OCCs is a good than 10 helicopters used for air operators with less than 10 aircraft, who idea, but that it should be based on the ambulances in its fleet, then no OCC make up 68 percent of the certificate number of aircraft and not the number would be required. holders, are not immune to accidents of dispatches or flights. It further Other OCC Comments and need the extra layer of protection asserted that ‘‘an operational control given by an OCC. center would be very costly, which PHI noted that OCCs were originally AAMS recommended allowing could easily be absorbed by a larger an invention of air medical operators to smaller operators to subcontract OCC operation but prohibitive to a small one more effectively manage operations services from larger providers or private and not necessary.’’ control. PHI said its Enhanced vendors for certain flight tracking and NEMSPA said that ‘‘for smaller Operations Control Center has become a communication services, while operations with a dispatch or critical component in the company’s maintaining ultimate operational communications center, placing safety and risk management process as control of the flight. Med-Trans and personnel in that facility who meet the well as the OCC within the company. REACH asked for the ability to contract requirements for an operational control PHI, however, along with AMOA, Air for certain functions of an OCC with specialist should satisfy the Evac EMS, and ACCT, does not believe another OCC. REACH commented that requirements for the facility to be an the requirement as proposed is contracting would allow more operators operational control center.’’ consistent with the highest industry to take advantage of the many safety LifeFlight of Maine supported standards. These commenters also benefits of an OCC but also share the extending the OCC requirements to all believe that the OCC requirements are cost. It noted that each operator would operators of an air ambulance, including too much like those for part 121 air retain management authority and rotor or fixed wing, to have an OCC traffic control and dispatch functions operational control responsibility. regardless of size. Only one commenter, and are not compatible with part 135 Med-Trans and REACH also suggested AAMS, suggested that this compliance on-demand operations. They suggested an alternate way of applying the OCC requirement should be based on number delaying implementation of the rule requirements. They said that ‘‘[s]everal of hours flown and geographical area until a minimum operating standard companies currently operate aircraft on covered rather than number of based on industry best practices could several different certificates but only helicopters. be developed. They recommend the utilize one [OCC]. Several air medical It is possible that a small operator FAA conduct an additional study of operators operate air ambulances on with only one or two helicopters could existing OCCs. multiple certificates. Operations control reach a set hourly limit, but would not LifeFlight of Maine commented that center functions can be conducted have the same level of operational AC 120–96 is inadequate for principal without imposing a requirement for an complexity as a certificate holder flying operations inspectors and recommended [OCC] for each certificate.’’ They stated the same number of hours but with 10 additional guidance in line with that the rule must allow air medical or more helicopters. Nevertheless, the industry best practices. The National

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Association of Air Medical should be required to obtain Association (NATA) and REACH, Communications Specialists (NAACS) certification in order to do their work. objected to the proposed 10-hour duty sought clarification on the meaning of However, one individual questioned time limitation for operations control ‘‘formalized dispatch’’ and ‘‘enhanced why a certified dispatcher is not specialists. They commented that this operational procedures.’’ qualified to act in an operations control operations control specialist work shift As noted in the NPRM, the duties and position but a graduate of a company- limit reflects regulations applied to part training requirements of operations sponsored program is. 121 dispatchers and does not reflect any control specialists are based on AC 120– The FAA received comments stating best practice or proven standard in the 96, Integration of Operations Control that the operations control specialist air medical community. Air ambulance Centers into Helicopter Emergency training proposed in the NPRM too pilots, although only permitted to fly 8 Medical Services Operations (May closely follows the training program for hours, work a 12-hour shift. These 2008), which provides part 121 dispatchers. The FAA commenters, including AMOA, PHI, Air recommendations to assist helicopter air acknowledges that the requirements of Evac EMS, and ACCT, described ambulance operators with the this rule were based on part 121 situations where the differences in shift development and implementation of an dispatcher training rules. The topics hours could interfere with completion OCC. Also as noted, AAMS, HAI, and selected for training, however, were of a mission. PHI believes that requiring AMOA commented to the NTSB that the derived from FAA AC 120–96, which a duty day for these specialists that is AC is a ‘‘product of a survey of best provides a recommended training less than that required of pilots is both practices in the air medical industry and curriculum for communications arbitrary and unnecessary. PHI said that gives guidance to other air medical specialists. The certificate holder may the operations control specialist services as to the benefits of this type of contract for operations control specialist requirement for a 10-hour workday operation.’’ 12 These requirements found training or testing in accordance with effectively adds an additional full-time in the AC and in the rule are § 135.324. The certificate holder may employee to the OCC and significant intentionally similar to part 121, but as use a part 142 training center or another costs to the operator without a noted in the AC, helicopter air certificate holder for operations control demonstrated benefit. REACH remarked ambulance operations are unique and specialist training and testing. that it is unclear why OCC personnel therefore the FAA did not adopt the full Commenters also asked for a clearer should be more limited in their duty part 121 aircraft dispatch requirements. distinction between the operations time than flight or medical crews. We also note that the standard adopted control specialists required by this rule After reviewing these comments, the in this rule is a baseline that can be and ‘‘CommSpecs,’’ the communication FAA has determined that the proposed augmented by an operator. specialists currently employed in the air operations control specialist duty time ambulance industry. NAACS asked is appropriate. The FAA acknowledges Operations Control Specialists whether the aviation base curriculum that these standards may be different One commenter said that the FAA for operations control specialists would than what some communications should require a dispatch center staffed enhance safety benefits beyond the specialists may currently be practicing. with part 121 certificated dispatchers. current ‘‘Certified Flight However, as discussed in the NPRM, the This commenter said that the FAA Communicator’’ program offered by operations control specialist duty time should certify dispatchers, and those NAACS. In response to this question, limitation is based on the duty time dispatchers should plan and evaluate the FAA notes that the areas of required requirements for part 121 aircraft the entire flight before contacting the training for an operations control dispatchers. The FAA has determined pilot and then monitor the flight’s specialist, derived from AC 120–96, are that, based on the similarities of these progress to destination. specified in the rule. Compliance with positions, it is appropriate to use the The NTSB also supported FAA this rule will enhance safety because the same duty time limitation. Finally, certification of operations control training will be required and although pilots may have a longer duty specialists and commented that such a standardized for all operations control period than operations control requirement will ensure that the FAA specialists. The FAA does not believe specialists under this rule, the flight has oversight over training, testing, and that a distinction between operations time limitations placed on pilots within certification, and will provide quality control specialists and CommSpecs is their duty periods (or subsequent rest control. By requiring operations control necessary. This rule requires that an requirements) limits the pilot’s exposure specialists with standard certification, OCC be staffed by an operations control to risk. NTSB asserts that this may facilitate specialist at all times while helicopter In conjunction with the proposal for development of OCCs that will be able air ambulance flights are being OCCs, the FAA proposed revising to subcontract their services to smaller conducted. The number of persons §§ 120.105 and 120.215 to add HEMS entities. functioning in this capacity is not operations control specialists to the list NEMSPA recommended a standard mandated, but there must be a sufficient of persons who must be tested for drugs for operations control specialist training number of them to ensure operational and alcohol. Eleven commenters, set by the industry and approved by the control of each flight. An operator may including Air Methods, Metro Aviation, FAA before any requirement is put in also staff an OCC with CommSpecs, but and several individuals affiliated with place. Med-Trans, REACH, Air Evac these persons are not mandated and REACH, argued that operations control EMS, AMOA, California Shock Trauma they may not perform the functions of specialists should be exempt from part Air Rescue (CALSTAR), Omniflight an operations control specialist as listed 120 drug and alcohol testing. Helicopters, Inc. (Omniflight), and in § 135.619(a)(1)–(4) unless they satisfy Operations control specialists will be Intermountain Life Flight do not believe the qualification and training performing safety-sensitive functions that operations control specialists requirements of an operation controls such as providing preflight weather specialist. assessment, assisting with fuel planning 12 Statement from the Association of Air Medical Thirty-four commenters, including and alternate airport weather Services, Helicopter Association International, and Air Medical Operators Association to the NTSB 14 Air Evac EMS, Intermountain, Med- minimums, and communicating with (Jan. 13, 2009), available at http://www.ntsb.gov/ Trans, Metro Aviation, Inc. (Metro pilots about operational concerns during Dockets/Aviation/DCA09SH001/default.htm. Aviation), National Air Transportation flight. These duties are similar to those

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of an aircraft dispatcher, and thus situational awareness and promote and teambuilding skills among its operations control specialists would be operational safety. employees during air medical subject to the same restrictions on drug AAMS, while supporting this operations. While the FAA supports the and alcohol use, and to a certificate proposal, suggested that the FAA work use of the AMRM program, it is a holder’s drug and alcohol testing with industry to develop standardized distinct program and unrelated to the program, as described in 14 CFR part briefing criteria and procedures in order medical personnel preflight safety 120. to avoid confusion and inconsistent briefing/training proposed in the NPRM An operations control specialist who enforcement of this provision. Several and adopted in the rule. failed a drug test, functioned as an commenters also suggested that As proposed in the NPRM and operations control specialist without accommodations should be made to contained in the final rule, this completing training or passing permit briefings that are not as extensive provision requires a briefing for medical examinations, or verified false entries as those proposed for the rare instances personnel on the physiological aspects on a preflight analysis worksheet, could when medical personnel not associated of flight, patient loading and unloading, be subject to enforcement action or civil with air medical operations are safety in and around the helicopter, in- penalties.13 transported. flight emergency procedures, emergency The FAA’s reference to ‘‘formalized Several commenters, including the landing procedures, emergency dispatch’’ in the NPRM refers to an NTSB, NEMSPA, and the Society of evacuation procedures, efficient and established consistent process that Aviation and Flight Educators, safe communications with the pilot, and certificate holders will use when suggested that medical personnel safety operational differences between day and dispatching a flight. The term training be conducted on an annual night operation. The FAA concludes ‘‘enhanced operational control’’ basis because much of their knowledge that these requirements will provide involves more people than only the will degrade over time. A.L.E.R.T. made certificate holders with sufficient pilot in the flight release process. For a similar suggestion, noting that it guidance on how to conduct briefings, conducts training when it hires new example, it may include the pilot and an which will lead to consistent personnel and annually after. AMOA, operational control specialist, the chief application and enforcement of this PHI, NEMSPA, the Health Care District pilot, or the director of flight operations. provision. Additionally, as proposed in of Palm Beach County and Air Evac the NPRM and contained in the final Section 135.619 is adopted as EMS recommended that the FAA rule, this provision mandates that any proposed. The wording has been develop a standard and an approval certificate holder that chooses to modified to ensure clarity.14 process for a medical crew training conduct a medical personnel training 8. Briefing of Medical Personnel program. Several commenters suggested program in lieu of preflight briefings (§§ 135.117 and 135.621—Proposed that the medical personnel training must have an FAA-approved training § 135.619) program should be consistent with the program in place. This will also ensure Air Medical Resource Management consistency in application and In the NPRM, the FAA proposed to (AMRM) program supported by FAA enforcement of this provision. require that medical personnel on board and industry. AMOA, PHI and Air Evac The FAA will not provide exceptions a helicopter air ambulance flight receive EMS also commented that it is or accommodations to permit briefings a supplemental preflight safety briefing unnecessary to require medical that are not as extensive as those with information specific to helicopter 15 personnel training record retention for proposed for the rare instances when air ambulance flights. This an additional 60 days beyond the 24 medical personnel not associated with information would be in addition to the months. air medical operations are transported. passenger briefing currently required by AMOA, PHI, and Air Evac EMS All medical personnel onboard a § 135.117. As an alternative to the expressed several concerns with this helicopter air ambulance flight who proposed preflight safety briefing, provision. They commented that a lack have not received the optional training certificate holders would be permitted of formal guidance would lead to provided for by this rule must receive to provide training every 2 years to misunderstanding of the requirements the preflight safety briefing. Medical medical personnel through an FAA- along with inconsistent application and personnel not associated with that approved training program. enforcement. particular operation may still The NTSB, A.L.E.R.T., LifeFlight of The FAA finds that medical personnel inadvertently introduce risk to the Maine, AAMS, and Angel One on helicopter air ambulance flights will operation when on board the flight. The Transport supported the requirement. benefit from an increased familiarity preflight safety briefing will provide LifeFlight of Maine noted that continual with the helicopter and emergency these medical personnel with familiarity educational opportunities for medical procedures due to their unique role of with the helicopter and emergency personnel will further enhance providing patient care while procedures, thus reducing the risk that simultaneously working around an those personnel will affect the overall 13 See §§ 13.14 (Civil Penalties: General); 13.16 operating helicopter. The preflight safety of the operation. If medical (Civil Penalties); 120.33 (Use of Prohibited Drugs); briefing and training is intended to personnel are not being transported 120.37 (Misuse of Alcohol). prevent medical personnel from during a ‘‘helicopter air ambulance 14 Section 306(d)(2) of the FAA Modernization and Reform Act of 2012 (Pub. L. 112–95) requires inadvertently introducing risk to the operation’’ as defined in § 135.601, the the FAA to conduct a rulemaking that requires operation when outfitting the passenger operator would only need to provide the operations control centers for helicopter air compartment for the purpose of standard part 135 passenger briefing as ambulance services with 10 or more helicopters. providing medical treatment and when found in § 135.117. Additionally, section 306(c)(1) requires the rule to address flight request and dispatch procedures. providing medical care to a patient. The FAA has determined that medical 15 Section 306(a) of the FAA Modernization and The FAA notes that medical personnel safety training will be Reform Act of 2012 (Pub. L. 112–95) requires the personnel preflight briefing and training conducted every 24 months. The NPRM FAA to conduct rulemaking on helicopter air is distinct from AMRM training. The proposed training every 24 months, and ambulance operations to address ‘‘flight request and dispatch procedures.’’ Though the benefits are less AMRM program is not a preflight safety although commenters suggested that than costs for this provision, it satisfies the briefing, but rather a tool used by training occur on an annual basis, the Congressional mandate as required by the Act. operators to improve communication FAA has determined that the required 4

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hours of ground training and 4 hours of acquiring more effective technology as it Airborne Equipment TSO–C194 set the training in and around the air becomes available in the future. standards for HTAWS. The FAA and ambulance helicopter every 24 months EADS Cassidian Electronics stated manufacturers have installed, evaluated will provide a sufficient amount of that air ambulance operators are the and certified HTAWS in helicopters and familiarity with the aircraft and most prominent part of the flying the systems have been shown to perform emergency procedures. community for which HTAWS can their intended function as designed in assist in preventing controlled flight low altitude environments. Final Rule into terrain and obstacle strike The FAA concludes that the use of Based on the comments received, the accidents, but the FAA should be clear HTAWS would create a safer FAA is adopting the rule as proposed about the limitations of current HTAWS environment for emergency medical with changes. The FAA concludes that systems caused by the reliance on services flight operations by preventing requiring medical personnel training databases. It stated that the vertical controlled flight into terrain at night or record retention for an additional 60 accuracy of the ground altitude of a during bad weather. As noted in the days beyond the 24 months is database is approximately 60 feet, NPRM, the NTSB cites 17 accidents in unnecessary and has amended the final which does not include objects like its Special Investigation Report on rule to require that records be trees, ‘‘which seems to be insufficient Emergency Medical Services Operations maintained for only 24 months for take-off and landing.’’ Databases, (Jan. 25, 2006) 16 that may have been following the individual’s completion of according to the commenter, only prevented if the helicopters had been training. If an incident occurs near the include a fraction of man-made equipped with TAWS. The FAA end of the retention period, the FAA obstacles, such as power lines, antenna maintains that HTAWS will make expects that these relevant documents masts, and wind turbines which are not helicopter air ambulance pilots more will be retained per NTSB regulation 49 included in the database in real time. To aware of surrounding terrain and CFR § 380.10(d). Additionally, we resolve these problems, the commenter obstacles and keep them from collisions. removed redundant briefing topics in stated that the best solution would be to It may prevent the accidents that § 135.621 based on existing briefing require equipment with a real-time happen when a pilot must take sudden requirements of § 135.117. forward-looking sensor system that and quick action to avoid a collision would issue warnings for every obstacle and then loses control of the helicopter. 9. Helicopter Terrain Awareness and in the flight. The FAA acknowledges that there Warning Systems (HTAWS) (§ 135.605) AAMS commented that HTAWS and may be lags between the time when new night vision goggles (NVGs) should be The FAA proposed a requirement for obstacles are erected and the time when required together as each provides equipping helicopter air ambulances they are put into an HTAWS database. benefits that complement the other. with HTAWS. There is no existing However, the FAA has determined that LifeFlight of Maine commented that requirement for this equipment. One the VFR flight planning and the VFR HTAWS and NVGs should be a commenter stated that installation of altitude requirements adopted here will minimum standard for night operations. help to offset such a lag by providing HTAWS has been ‘‘the single most Max-Viz Inc. (Max-Viz) and several effective technology for reducing increased situational awareness to individuals commented that NVGs pilots. Likewise, the radio altimeter helicopter mishaps’’ among U.S. provide better protection from military helicopters. The NTSB required under these rules will provide controlled flight into terrain than increased situational awareness by concurred with the proposal and noted HTAWS. Additionally, one individual that it would meet Safety providing pilots with additional recommended requiring an autopilot information about their altitude above Recommendation A–06–15. However, rather than HTAWS because it is less commenters also raised concerns over the ground. expensive and more effective. Several The FAA received several comments the effectiveness of HTAWS, the need members of ACCT also stated that for flexibility, and the cost of the rule. addressing the flexibility in the rule and autopilots are more effective than whether the implementation timeline is A number of commenters, including HTAWS. They claimed that HTAWS appropriate. Commenters including NEMSPA, questioned why the FAA only provides a warning to a pilot of an AMOA and PHI expressed the need for would propose mandating HTAWS, impending collision or altitude loss, but minimum equipment list (MEL) relief saying that its technology has not been the pilot’s corrective actions with the for HTAWS in the event that the unit is proven in helicopters. Commenters flight controls prevent controlled flight inoperable. Air Methods stated that the assert that terrain awareness and into terrain. They stated that an rule’s reliance on the technical standard warning systems (TAWS), the autopilot would decrease the risk of order (TSO) process would ‘‘inhibit predecessor to HTAWS technology, has controlled flight into terrain and future technological benefits without a only been truly tested with airplanes accidents from IIMC by holding the lengthy rule changing process.’’ The operating in the high altitude aircraft flight path steady and reducing Health Care District of Palm Beach instrument flight rules environment and a pilot’s susceptibility to spatial County stated that, in the future, that there is no evidence to show that disorientation during IIMC recovery HTAWS may not be the most effective HTAWS is effective in low-level visual maneuvers. The reasons that the FAA way to achieve terrain and obstacle flight operations. Other commenters did not adopt NVG or autopilot avoidance. AMOA commented that the said that this equipment is more requirements in this rule are addressed rule should be performance based to effective in mountainous areas than in in the discussion of pilot instrument allow flexibility for incorporation of less challenging terrain, is a ‘‘distraction ratings, § 135.603, below. later technology. The FAA disagrees with comments in the cockpit,’’ ‘‘doesn’t give the pilot LifeFlight of Maine and other that HTAWS is not proven technology the ability to see and avoid weather,’’ members of the ACCT stated that they as it relates to helicopters and that it and ‘‘doesn’t keep you from spatial believed that the 3-year timeline for disorientation.’’ A number of would not be effective in preventing commenters said that requiring controlled-flight-into-terrain accidents. 16 The report can be accessed at: http:// operators to invest in this technology RTCA/DO–309 Minimum Operational www.ntsb.gov/safety/safetystudies/sir0601.html today might preclude them from Performance Standards for HTAWS and (December, 10, 2013).

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implementation provides ample time to 10. Flight Data Monitoring System critical information to investigators in comply with the rule and to finance the (§ 135.607) 18 the event of an accident. costs. They did not agree with extending The FAA received numerous In the NPRM, the FAA stated it was the time to comply or limiting the comments on this proposal regarding considering requiring helicopter air applicability of this requirement. flight data monitoring system use in FreeFlight Systems also commented that ambulance operators to install a flight accident investigation and Flight the 3-year implementation period data monitoring system, referred to in Operational Quality Assurance (FOQA) the NPRM as a light weight aircraft programs, the standards for the flight seemed reasonable. 19 Bristow Group noted its support for recording system (LARS). Currently, data monitoring system, the rule’s requiring all helicopters engaged in § 135.151 requires a cockpit voice implementation date, and the FAA’s commercial service to be equipped with recorder (CVR) system in rotorcraft with cost estimate. HTAWS if not already equipped with a a passenger seating configuration of six Accident Investigation/Use in a FOQA radio-altimeter-based warning system. or more seats and for which two pilots The FAA acknowledges that are required. Section 135.152 requires Program technology could be improved over flight data recorders (FDRs) in rotorcraft Many commenters supported a time, but does not agree that mandating with a passenger seating configuration requirement for FOQA. LifeFlight of this particular type of equipment will of 10 or more seats. Most helicopters Maine and members of ACCT support constrain the ability to embrace new used in air ambulance operations are both a requirement to install a flight technologies. Incorporation by reference configured with fewer than six data monitoring system and a of new TSO requirements allows the passenger seats, and thus are not requirement to participate in the FOQA agency to adopt revised technological required to be equipped with either program, and commented that flight standards. The need to incorporate new CVRs or FDRs. data monitors can assist with accident TSOs into the regulation, due to In the NPRM, the FAA invited investigation. They recommended that technological innovation, will not comments on the flight data monitoring the FAA conduct a joint technical study hinder adoption of that technology in system proposal under consideration. with the NTSB and air ambulance helicopter air ambulances. The FAA proposed that the flight data operators who are using a FOQA In response to comments on the need monitoring system ‘‘would be required program to determine the data capture for flexibility should an HTAWS unit to capture data according to a broadly rate needed to meet NTSB accident become inoperable, the FAA agrees that defined set of parameters including investigation needs and what data an HTAWS may meet the requirements information pertaining to the aircraft’s feedback requirements would best for MEL relief with certain conditions state (such as heading, altitude, and support FOQA programs. Eurocopter on the types of operations that could be attitude), condition (such as rotors, commented that FOQA use is preferable conducted while the HTAWS was transmission, engine parameters, and to use in accident investigation, and the inoperable. The exact scope of such flight controls), and system performance Global Helicopter Flight Data relief will be addressed through the (such as full authority digital engine Monitoring Steering Group commented FAA’s standard MEL process. control, and electronic flight that accident investigation use is only Based on the comments received, the instrumentation system).’’ Further, as reactive, but FOQA use can be FAA has determined that the proposed, the flight data monitoring proactive. compliance date for the HTAWS system would have to be operated from PHI supports installation and use of a requirement does not need to be the application of electrical power flight data monitoring system in air extended. Extending the HTAWS before takeoff until the removal of ambulance aircraft. It suggested requirement to the entire commercial electrical power after termination of requiring operators to develop an helicopter population would be outside flight. It would be required to receive internal process for using data collected the scope of this rulemaking. electrical power from the bus that by the system for analysis, identification Finally, West Michigan Air Care provides the maximum reliability for and mitigation of at-risk behaviors estimated that its cost of compliance operation without jeopardizing service across the organization, as well as with the HTAWS requirement would be to essential or emergency loads. Under development of supplemental $75,000 for its two-helicopter air the proposal, certificate holders would educational opportunities for air ambulance operation. The FAA notes have had 3 years to comply with the ambulance pilots. PHI said that the that this estimate is consistent with the rule. The FAA noted a flight data focus of the flight data monitoring FAA’s estimate of $35,000 per monitoring system can be used to system should be to prevent accidents. helicopter for equipment and promote operational safety, and that, It said the emphasis should be placed installation, plus $7,000 for revenue loss because so few certificate holders are on FOQA and flight data management for equipment downtime. Additionally, using such systems, it may be necessary implementation and benefits. HAI while the FAA recognizes the financial to require them. Likewise, the FAA supports and encourages flight data burden new equipment requirements stated that these systems can provide monitoring technology because it has impose on operators, providing 3 years obvious safety benefits for accident from the effective date of the final rule 18 investigation and the potential for for installation will allow certificate Section 306(a) of the FAA Modernization and Reform Act of 2012 (Pub. L. 112–95) directs the development of FOQA and other safety holders to spread the cost of compliance FAA to conduct rulemaking on helicopter air programs. Alakai Technologies over that period of time and take ambulance operations to address ‘‘safety enhancing Corporation commented that the advantage of scheduled downtime for technology and equipment,’’ including ‘‘devices requirement should be extended across maintenance. that perform the function of flight data recorders and cockpit voice recorders.’’ Though the benefits all helicopter operations. This rule is adopted as proposed with are less than costs for this provision, it satisfies the An individual commented that 17 minor edits for clarification. Congressional mandate as required by the Act. satellite tracking, currently in use by his 19 Although the NPRM did not contain proposed company, records flight information that 17 Section 306(c)(3) of the FAA Modernization rule text, the FAA provided a detailed discussion can be used to help rescue the aircraft and Reform Act of 2012 (Pub. L. 112–95) requires of the proposals under consideration and asked for the FAA to conduct a rulemaking that addresses use comments in anticipation of including an FDMS and provides the necessary information of HTAWS in helicopter air ambulance operations. requirement in the final rule. on aircraft operations making a flight

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data monitoring system unnecessary. this requirement to all helicopter regulation. Eurocopter recommended Kestrel Air stated that the cause of most operations because that option was not defining the required parameters in air ambulance accidents is already presented in the NPRM. Although the conjunction with aircraft manufacturers known and that flight data monitoring FAA encourages operators to take before regulating. Honeywell systems do not record flight visibility advantage of the many uses of this data, International also suggested the data, thus adding little value to this final rule does not require data development of minimum performance analyzing IIMC encounters. collection because mandating it would specifications. The General Aviation A FOQA program is meant to improve open up that data to FAA surveillance, Safety Network commented that what flight safety by providing more amounting to a required submission. was proposed, with respect to required information about, and greater insight The FAA is concerned that such an parameters, is too close to an FDR. into, the total flight operations action would discourage operators from The FAA also received several environment. This is accomplished with participating in a FOQA program. comments on whether the flight data selective automated recording and Although operators will not be monitoring system under the rule would analysis of data generated during flight required to collect data from the flight need to comply with European operations. Analysis of FOQA data can data monitoring system, the FAA Organization for Civil Aviation reveal situations that require encourages them to gather this Equipment (EUROCAE) Document ED– improvement—in operations, in information and analyze it for use in 155 or TSO–C197. training, and in maintenance improving safety in their day-to-day NTSB said that a recorder that procedures, practices, equipment, or operations. Based on current practice, complies with ED–155 would be a infrastructure. some will choose to use the system this valuable aid to accident investigations In response to comments about way. The rule will not preclude and would be fully capable of mandatory FOQA participation, the operators from participation in an FAA- supporting a structured flight data FAA notes that 14 CFR part 13, approved FOQA program, and data monitoring program. The NTSB notes Investigative and Enforcement submitted voluntarily as part of a FOQA that a considerable amount of work has Procedures, states conditions under program will be protected under part been done by EUROCAE (with full which information obtained from an 193. participation by both the FAA and the approved voluntary FOQA program will The FAA anticipates that the NTSB) to develop standards for light- not be used in enforcement actions information that this equipment can weight flight recording devices that against an operator or its employees. gather may be used as a supplement to would fulfill the requirements outlined Part 193, Protection of Voluntarily a certificate holder’s training program. in the NPRM. The ED–155 standard Submitted Information, contains covers FDR-like data recording, CVR- Flight Data Monitoring System provisions for certain protections from like audio recording, cockpit video, and Capabilities public disclosure of voluntarily data-link message recording. Several submitted safety-related information The FAA received many comments on manufacturers are producing recorders when such information has been the flight data monitoring system to this standard at a cost of less than designated by an FAA order as standards discussed in the NPRM, $10,000. protected under that part. As stated in including several stating that a FreeFlight Systems, an avionics the NPRM, these protections are regulation is not appropriate at this manufacturer, said that TSO–C197 will available only if the data is collected by time. However, the FAA also received drive up costs because it does not allow the operator as part of a voluntary FAA- comments in support of flight data commercial-grade operating systems. approved program. In support of this monitoring system, including from the This commenter said that, rather than public safety objective, the FAA has NTSB. using a TSO, a parts manufacturer endorsed the development and AAMS supports installation of a flight approval (PMA) should suffice, since a implementation of voluntary FOQA data monitoring system on air flight data monitor failure does not programs as a tool for continuously ambulance helicopters but says the endanger the airframe or other systems monitoring and evaluating operational proposal was not specific enough to in the aircraft. For accident practices and procedures, but justify a regulation at this time. NORTH investigation purposes, FreeFlight maintaining the voluntary nature of the Flight Data Systems stated a regulation indicated that it produces a hardened program is paramount and does not would slow technological development memory unit which provides protection allow the FAA to mandate FOQA for of these systems. PHI recommended that of vital information in the event of a any operator. the FAA conduct a comprehensive crash. It has significant ballistics As discussed in the NPRM, this outreach process in partnership with protection and can withstand a equipment may be used to provide certificate holders who currently have a temperature of 1,100 degrees Celsius for significant information for investigators flight data monitoring system installed up to an hour. to determine accident causation, which and are participating in flight data The General Aviation Safety Network may help to prevent future accidents. In monitoring FOQA programs. The commented that no certification should addition, the data can be used commenter suggested this as a way to be required, except for RTCA DO–160E proactively by an operator to modify determine what data is needed for flight environmental categorization. NORTH operational and maintenance data management and what are realistic Flight Data Systems commented that the procedures for increased efficiency and cost estimates for installing those ‘‘crashworthy focus’’ of the NPRM will lower costs, to provide immediate systems and operating a fully functional make many products undergo redesign feedback to pilots in training, and to flight data monitoring FOQA program. to meet the TSO or ED–155 standards. highlight areas where additional AMOA suggested waiting to establish The FAA agrees with the NTSB that training may be needed. a regulation until there is a more several manufacturers have recording The final rule requires certificate thorough understanding of current systems able to record flight holders operating helicopter air products, but also noted the need for performance data, audio, images, and ambulances to install and operate a MEL relief if a rule were adopted. HAI data-link messages. This final rule is flight data monitoring system in their stated the technology is not sufficiently performance based and compliance with helicopters. The FAA is not extending mature at this time to justify a this rule does not necessarily require

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installation of a TSO-approved system. monitoring systems until there is a They also said that the FAA’s estimates However, TSO–C197-approved articles better understanding of current had not included the cost of installation, are an acceptable means of compliance products. PHI said that a 3-year the cost of time out of service, or the with new § 135.607. This equipment implementation time is too ambitious. cost of reviewing data collected by the must be capable of recording flight HAI strongly supports flight data device. AMOA contended that there is performance data. Considering the monitoring technology, but does not no current device that can perform all availability of such technology, the FAA believe it is sufficiently mature at this the functions listed in the proposal. has determined that a final rule time to serve as the basis for a regulatory AMOA estimated that flight data requiring all air ambulance helicopters equipment mandate. HAI and LifeFlight monitoring system costs are more than to equip with a flight data monitoring of Maine recommend establishment of a $30,000, plus costs associated with the system is justified. This final rule joint FAA/industry work group to development of supplemental type requires installation and operation of a collect relevant data and conduct a certificates, installation, and time out of flight data monitoring system, but it study on which to base long term service. PHI estimated the actual cost of does not require collection of data from guidance. The NTSB, in discussing the a complete flight data monitoring that equipment or development of data work that EUROCAE has done to software platform can range from collection processes. develop standards for light-weight flight $50,000 to in excess of $120,000—a cost In response to these comments, the recording systems, said an ED–155- that does not include hardware, FAA offers clarification. The parameters compliant recorder would be an aid to manpower, or recurring service/support described in the NPRM were meant to accident investigation and encouraged and training. LifeFlight of Maine stated illustrate the type of data that could be the FAA to include a requirement for a that one member, who is a part 135 collected by this equipment. In the final flight data monitoring system in the certificate holder with an FAA approved rule, the FAA does not specify final rule. AMOA commented that FOQA and a flight data monitoring parameters of data or specifically operators have reported significant system, found the costs for purchase, identify a set of performance standards delays in the approval process for all installation and data collection/analysis that must be met. The final rule also types of equipment installations. It to be $27,250 per aircraft. AAMS stated does not require data collection or data asked for expedited approval for any that reports from its providers already analysis. It requires only that a flight required new equipment using flight data monitoring systems data monitoring system capable of The FAA has carefully reviewed the suggested that the FAA estimates for recording flight performance data be comments that industry needs sufficient equipment purchase and installation are installed. This final rule simply requires time to manufacture, obtain and install 4 to 5 times too low and did not account equipment—not data collection. The equipment that meets the required for program maintenance, data storage, rule does not establish standards for performance standards. After and report development. Air Evac EMS crashworthiness or environmental considering comments, the FAA has estimated the total cost to be more than testing. This final rule uses a cost model determined that it is appropriate to $40,000, plus costs associated with the for an approved flight data monitoring allow 4, rather than 3 years from the development of supplemental type system designed and produced under a effective date of the rule for compliance. certificates, installation, time out of TSO–C197 authorization. This extra year is warranted to provide service, and very expensive service It would be outside the scope of the additional time for operators to obtain contracts. rule to require satellite tracking of and install equipment. PHI agreed with AMOA on the cost helicopter air ambulances because it analysis, saying that the FAA had Cost Estimate for Flight Data Monitoring was not proposed in the NPRM. In ‘‘grossly underestimated’’ the cost of Systems developing the 2010 NPRM, the FAA flight data monitoring equipment, intended that compliance with In the NPRM, the FAA estimated that accompanying analysis software, and § 135.607 would be met by an FDR-like the cost of a flight data monitoring flight data monitoring FOQA program system installed and recording on the system would be $6,450 for equipment development and maintenance costs. helicopter. An operator may and installation, and accompanying These commenters argued that no demonstrate that a satellite tracking software would cost $750 per year. system on the market could accomplish system, combined with onboard There was also a $1,913 average 10-year all the tasks specified in the NPRM at reporting, has the capability to meet the cost estimate for evaluation, analysis, the price of $6,450. PHI also commented standards in § 135.607. and use of the recorded data. The FAA that ‘‘another cost driver for LARS will The FAA anticipates that relief could asked the public to evaluate the be the level of crash survivability be granted for operations with an accuracy of this cost information and specified.’’ PHI strongly urged the FAA inoperable flight data monitoring those comments are summarized below. to develop unique specific minimum system. While a flight data monitoring Bristow Group stated that this operational performance specifications system is a valuable tool that can be equipment is affordable and effective (MOPS) or a TSO for helicopter flight used for accident investigation, it is a and that the FAA should mandate it for data monitoring systems. PHI contended passive device that collects information all commercial helicopters that are not that if this equipment is held to the and is not essential for safe operation in already required to have FDR. It asserts crashworthiness called for in ED–155, the way an oil pressure gauge would be. that this equipment is proven to bring some operators will not be able to afford The particular requirements relating to safety and financial benefits to all types it. operations with an inoperable flight of commercial helicopter operations. In response to these comments, we data monitoring system would be Some commenters, including AMOA, note that the FDM capability described developed by FAA’s Flight Standards PHI, LifeFlight of Maine, AAMS, and in the NPRM was meant to illustrate the Service for its MEL program. Air Evac EMS, said that cost estimates type of data that could be collected by for the flight data monitoring system this equipment. We did not intend to Implementation Date for the Flight Data presented in the NPRM were unrealistic. propose an FDM system that must Monitoring System They said that equipment bought at that record all information pertaining to the AMOA recommended that the FAA price would not be able to perform all aircraft’s state (such as heading, not issue a rule requiring flight data the functions mentioned in the NPRM. altitude, and attitude), condition (such

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as rotors, transmission, engine requirements of § 135.607(a)–(b) will be these situations. A pilot who receives parameters, and flight controls), and in compliance with this rule. this rating is better equipped to system performance (such as full This rule addresses parts of NTSB maintain situational awareness and authority digital engine control, and Safety Recommendations A–06–17 and maneuver the helicopter into a safe electronic flight instrumentation A–09–90. environment. Requiring an instrument system) that was discussed in the 11. Pilot Instrument Ratings (§ 135.603) rating, without a requirement to NPRM. Under this rule, the operator maintain instrument currency, will would be able to determine the The FAA proposed to add § 135.603 allow a VFR operator to expend fewer parameters that the FDM would record. to require a helicopter air ambulance resources than required to meet full Our estimate of $6,450 ($5,950 plus pilot to hold a helicopter instrument currency requirements while ensuring $500 for installation) was based on a rating. Currently, § 135.243(b) requires that pilots have the skills necessary to device that could meet the intent of the the pilot in command of a helicopter air extract themselves from IIMC. proposal, not one that could capture ambulance to hold, at a minimum, a Additionally, mandating instrument every parameter listed as examples in commercial pilot certificate. Helicopter currency for all commercial pilots is the NPRM. air ambulance pilots are not currently beyond the scope of the current required to hold instrument ratings However, based on the comments rulemaking. unless they will be flying under received, the FAA reviewed and revised To prevent IIMC accidents, § 135.293 instrument flight rules (IFR) or, when the FDMS cost estimates. In the final requires that pilots demonstrate the flying under visual flight rules (VFR), rule, the FAA specifically identifies a ability to recover from IIMC during their they will be flying above a cloud layer set of performance standards that must annual competency checks. The FAA (commonly called ‘‘VFR over-the-top’’). notes that the IIMC-recovery portion of be met. While these performance The FAA received comments the competency check could be standards are based on certain expressing support for the proposal performed in a simulator or flight requirements in TSO–C197 and ED–155, from commenters including the NTSB, training device, provided that it is the final rule does not require AMOA, AAMS, Air Evac EMS, consistent with that device’s specific equipment that is compliant with TSO– NEMSPA, and Safety and Flight approval. Pilots who obtain the C197 or ED–155. The FAA is aware of Evaluations, International. equipment that meets TSO–C197 The NTSB agreed with the instrument rating supplemented by the requirements that is currently available requirement for a helicopter air preparation for the annual competency for $7,000 and uses this estimate in the ambulance pilot to hold an instrument check will be adequately prepared to final rule. The FAA also now estimates rating, but stated that helicopter air recover from IIMC. that installation would cost $8,000 (80 ambulance pilots should maintain This rule is adopted as proposed. hours x $100 per hour) which would instrument currency. It commented that E. General Comments include time to run operational instrument currency is generally performance tests on the FDMS. We acknowledged to be a skill that FAA Oversight Resources/Delay in estimate a one-time revenue loss of deteriorates rapidly without continued Approval/Expedited Approval Process $7,000 per day for installation. practice and use. AMOA, NEMSPA, AMOA commented that numerous Therefore, the FAA estimates the total Safety and Flight Evaluations, operators report significant delays in the cost per helicopter to be $22,000 ($7,000 International and numerous individual approval process for all types of equipment, $8,000 installation, $7,000 commenters also suggested that the FAA equipment installations. It expressed revenue loss). Additionally we estimate require helicopter air ambulance pilots concern about the FAA’s ability to that operators will incur two, one-time, to maintain currency or routinely inform and educate field personnel, hardware and software license fee costs demonstrate the ability to recover from such as Flight Standards District Offices of $2,500 and $750, respectively. For IIMC. Several commenters noted that (FSDOs) and headquarters inspectors, detailed cost information see the this requirement should be applied to about new rule requirements. It accompanying regulatory evaluation. all commercial pilots. maintained that there are a wide range Final Rule Identical comments from two of interpretations and implementations individuals suggested requiring frequent of rules, resulting in a lack of This final rule will require short training sessions involving standardization throughout the FAA. installation of a flight data monitoring unplanned entry into IMC followed by The FAA understands the system capable of recording helicopter an instrument approach to landing at commenter’s concern and has issued flight performance and operational least quarterly in an approved aircraft or guidance for inspectors to ensure data.20 It will not require data collection simulator. They suggested a requirement uniform application of the rule’s or prescribe standards or parameters for that a table-top PC-based navigation requirements. This rule also contains data collection. The flight data system trainer or similar device be used delayed compliance dates for several of monitoring system must be activated at least monthly. They commented that its provisions, which will give and operative from the time electrical the FAA should not require using a non- certificate holders time to purchase and power is turned on before takeoff until motion visual flight simulator with install the required equipment and to it is turned off after the end of the flight. wrap-around visual display. They develop and implement required Helicopter air ambulance operators will requested that the FAA prohibit flight procedures. have 4 years to comply with the rule. assignment within 24 hours of training Night Vision Goggles and Autopilots Helicopters equipped with an in a non-motion visual flight simulator operational FDR that meets the with wrap-around visual display. The NPRM did not propose requiring The FAA notes that IIMC is a common night vision goggles (NVGs) or night 20 Section 306(d)(2) of the FAA Modernization factor in helicopter air ambulance vision imaging systems (NVIS). The and Reform Act of 2012 (Pub. L. 112–95) requires accidents and the intent of the NPRM included a statement explaining the FAA to conduct a rulemaking that addresses use that the FAA considered allowing NVGs of devices that perform the function of flight data instrument rating requirement is to recorders and cockpit voice recorders, to the extent ensure that helicopter air ambulance as an alternate method of compliance feasible, in helicopter air ambulance operations. pilots are better equipped to handle for the HTAWS requirement, but

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decided that this technology might not before a regulatory requirement is Public aircraft operation is limited by be appropriate for all operations and considered. statute to certain government operations that the FAA required further study on The FAA did not include an autopilot within U.S. airspace. See 49 U.S.C. this equipment before allowing its use requirement in the NPRM. Therefore, 40102(a)(41), 40125. Although these instead of HTAWS. mandating an autopilot unit is outside operations must comply with certain Numerous commenters, including the scope of this current rulemaking. general operating rules (including those AMOA, PHI, Air Evac EMS, NEMSPA, Furthermore, the FAA concluded that applicable to all aircraft in the National LifeFlight of Maine, FreeFlight Systems, requiring autopilots on helicopter air Airspace System), other civil and AAMS expressed support for an ambulances in this current rulemaking certification and safety oversight NVG or night vision imaging system would be premature. Autopilot units regulations do not apply. Whether an requirement in this rule. Many may be cost prohibitive and not widely operation may be considered a public commented that night vision technology available, and may pose space and aircraft operation is determined on a should be mandated in lieu of HTAWS. weight issues for helicopters not flight-by-flight basis, under the terms of AAMS commented that HTAWS and equipped to handle the units. the statute. The FAA considers the NVGs should be required together as following factors in making these each provides benefits that complement Public Aircraft Operations determinations: aircraft ownership, the the other. LifeFlight of Maine The FAA received several comments purpose of the flight, and the persons on commented that HTAWS and NVG from public safety organizations, board the aircraft. should be a minimum standard for night including the International Association Specifically, 49 U.S.C. 40102(a)(41)(C) operations. The FAA did not receive of Fire Chiefs and the Department of includes as a public aircraft ‘‘an aircraft any comments stating that the FAA California Highway Patrol, asking about owned or operated by the government of should not require NVGs or night vision the applicability of this rule to ‘‘public a State . . . or a political subdivision of imaging systems. safety operations’’ or stating their [one of these] governments, except as As stated in the NPRM, the FAA understanding that the part 135 provided in section 40125(b).’’ See Legal considered allowing certificate holders provisions would not be applicable to Interpretation to Ray Borrato, from to use NVGs or night vision imaging such operations. The San Bernardino Rebecca B. MacPherson, Assistant Chief systems as an alternative to HTAWS but County Sheriff’s Department Counsel for Regulations (July 14, 2011). did not include such a proposal in the commented that applying the proposed Section 40125(b) states that an aircraft NPRM for numerous reasons. Night rules to its public safety operations included in § 40102(a)(41)(C) ‘‘does not vision goggles may not be appropriate would limit its ability to conduct its qualify as a public aircraft . . . when for all operations, such as inadvertent operations and ‘‘render unusable 50% of the aircraft is used for commercial flight into IMC. Additionally, the FAA the helicopter EMS aircraft’’ in the purposes or to carry an individual other stated that it must conduct further than a crewmember or a qualified non- county. research to determine the most crewmember.’’ ‘‘Commercial purposes’’ In contrast, several commenters, appropriate use of NVGs before allowing under the statute means ‘‘the operators to use them as an alternate including AMOA, PHI, and West transportation of persons or property for means of compliance. See 75 FR 62654. Michigan Air Care, expressed support compensation or hire. . . .’’ If an The FAA is, however, currently for extending the provisions of this rule operator receives compensation for investigating the benefits, uses and to include public aircraft operations. conducting operations it would not be limitations of NVGs.21 PHI expressed support for requiring providing the service as a public aircraft Similarly the FAA received comments public aircraft operations to comply operation, but as a commercial vendor. questioning why this rule did not with the rules proposed in the NPRM, Those flights would not qualify as mandate an autopilot requirement. The stating that the thousands of passengers public aircraft operations and the NTSB commented that the NPRM did transported every year by government operator would be required to comply not address Safety Recommendation A– operators should benefit from the safety with the certification and operating 09–96, which recommended that the enhancements in the proposed rule. It rules of 14 CFR part 135. FAA require all EMS helicopters to be stated that the FAA has been To that end, we note that the part 135 equipped with an autopilot for single- inconsistent in providing civil aircraft provisions of this rule would apply only pilot operations. NTSB believes that an regulatory oversight of government to civil aircraft operations and would autopilot is a significant aid for operators engaged in air ambulance not apply to public aircraft operations. unexpected high workload situations, operations. PHI also highlighted NTSB Accordingly, an aircraft operator that such as IIMC. LifeFlight of Maine, Safety Recommendation, A–09–130, only performs public aircraft operations Boston MedFlight, Life Flight Network, which calls for the FAA to seek specific would not need to hold a part 119 Angel One Transport, NEMSPA, Safety legislative authority to achieve safety operating certificate permitting part 135 and Flight Evaluations, International, oversight of helicopter air ambulance operations. An operator that conducts members of ACCT, and several operations conducted using both public aircraft operations and civil individual commenters also expressed government-owned aircraft. The operations would need to hold a part support for an autopilot requirement. Airborne Law Enforcement Association 119 operating certificate and conduct its Association of Air Medical Services suggested that the FAA establish a civil operations pursuant to part 135 supported the added safety benefits of definition of ‘‘public safety HEMS rules. We also note that public aircraft autopilot technology but commented aircraft.’’ operations must adhere to part 91 that further research, development, and In response, the FAA clarifies that the airspace rules; therefore, the provisions industry collaboration is necessary part 135 provisions of this rule do not of § 91.155 would apply to both public apply to public aircraft operations. The and civil operations. 21 Section 318 of the FAA Modernization and FAA has statutory authority to promote The FAA encourages government Reform Act of 2012 (Pub. L. 112–95) requires the safe flight of civil aircraft in air entities that conduct public aircraft FAA to study the ‘‘feasibility of requiring pilots of helicopters providing air ambulance services under commerce. See 49 U.S.C. 44701(a). This operations to inform the local FSDO that part 135 . . . to use NVGs during nighttime authority does not extend to public they conduct public aircraft operations operations.’’ aircraft operations. in the FSDO’s area to avoid confusion

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about the oversight of those operations. an unfunded mandate on state, local, requirements to the scale of the The FAA conducts surveillance and tribal governments, or on the private business, organizations, and oversight of part 119 certificates sector by exceeding the threshold governmental jurisdictions subject to holders, including government entities identified above. These analyses are regulation.’’ To achieve that principle, that hold such certificates, to verify that summarized below. the RFA requires agencies to solicit and they are complying with appropriate Total Benefits and Costs of This Rule consider flexible regulatory proposals rules during civil operations. and to explain the rationale for their The estimated mean benefit value for actions. The RFA covers a wide range of IV. Regulatory Notices and Analysis the rule will be about $821 million, or small entities, including small A. Regulatory Evaluation $577 million present value, over ten businesses, not-for-profit organizations years. The FAA estimates the cost of and small governmental jurisdictions. Changes to Federal regulations must this rule will be approximately $311 Agencies must perform a review to undergo several economic analyses. million, or $243 million present value, determine whether a proposed or final First, Executive Order 12866 and over ten years. Executive Order 13563 directs that each rule will have a significant economic Federal agency shall propose or adopt a Who is potentially affected by this rule? impact on a substantial number of small regulation only upon a reasoned Helicopter air ambulance operators, entities. If the agency determines that it determination that the benefits of the commercial helicopter operators, will, the agency must prepare a intended regulation justify its costs. helicopter aerial application operators, regulatory flexibility analysis as Second, the Regulatory Flexibility Act and helicopter external load operators. described in the Act. of 1980 (Pub. L. 96–354) requires Assumptions: Based on the criteria used in the agencies to analyze the economic • The rule is expected to take effect initial regulatory flexibility analysis and impact of regulatory changes on small in 2013. The time horizon for these used again here, this rule will have a entities. Third, the Trade Agreements potential benefits is 10 years, 2013 significant economic impact on a Act (Pub. L. 96–39) prohibits agencies through 2022. substantial number of small entities. • from setting standards that create All monetary values are expressed The FAA’s usual threshold for economic unnecessary obstacles to the foreign in constant 2013 dollars. We calculated significance is a 2 percent annual commerce of the United States. In the present value of the potential benefit compliance cost to operating revenue. developing U.S. standards, this Trade stream by discounting the monetary However, we elected to use a more Act requires agencies to consider values using a 7 percent interest rate conservative threshold of 1 percent from 2013 to 2022. annual compliance cost to operating international standards and, where • appropriate, that they be the basis of The FAA estimated that the revenue in this rulemaking. In the initial U.S. standards. Fourth, the Unfunded helicopter fleet would grow at 2.8 regulatory flexibility analysis, we stated Mandates Reform Act of 1995 (Pub. L. percent per year. that the proposed rule would cause 104–4) requires agencies to prepare a Benefits of This Rule small air ambulance operators to incur written assessment of the costs, benefits, compliance costs such that the ratio of Benefits will accrue from the and other effects of proposed or final annual compliance cost to annual implementation of new operational rules that include a Federal mandate revenue ranged between 1.76 and 1.88 procedures and additional equipment likely to result in the expenditure by percent, which we considered requirements for helicopter air State, local, or tribal governments, in the significant. We did not receive any ambulances. This final rule also aggregate, or by the private sector, of comments on this determination. In the increases safety for commercial $100 million or more annually (adjusted final regulatory flexibility analysis, we helicopter operations by revising for inflation with base year of 1995). have updated the ratio of annual requirements for equipment, pilot This portion of the preamble compliance costs to annual revenue to training, and alternate airports and it summarizes the FAA’s analysis of the a range between 1.80 to 1.87 percent, increases weather minimums for economic impacts of this rule. We but our determination has not helicopters operating under part 91. The suggest readers seeking greater detail changed—this rule will have a estimated mean benefit value for these read the full regulatory evaluation, a significant economic impact on a provisions will be $821 million, or $577 copy of which we have placed in the substantial number of small air million present value, over ten years. docket for this rulemaking. ambulance operators. In conducting these analyses, FAA Costs of This Rule This final rule will impact air has determined that this final rule: (1) The FAA estimates the cost of this ambulance, air tour, on demand, aerial Has benefits that justify its costs; (2) is rule will be approximately $311 million, application, and external load operators. not an economically ‘‘significant or $243 million present value, over ten The U.S. Small Business Administration regulatory action’’ as defined in section years. (SBA) classifies businesses as small 3(f) of Executive Order 12866; (3) is based on size standards, typically ‘‘significant’’ as defined in DOT’s Regulatory Flexibility Determination expressed as annual revenue or number Regulatory Policies and Procedures; (4) The Regulatory Flexibility Act of 1980 of employees. SBA publishes a table of will have a significant economic impact (RFA) establishes ‘‘as a principle of small business size standards matched on a substantial number of small regulatory issuance that agencies shall to North American Industry entities; (5) will not create unnecessary endeavor, consistent with the objective Classification System (NAICS) codes. obstacles to the foreign commerce of the of the rule and of applicable statutes, to Table 5 shows the size standards for the United States; and (6) will not impose fit regulatory and informational entities that will be affected by this rule.

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Air Ambulance Operators affected by this regulation, which we percent, which is not significant. While Because we did not have actual consider a substantial number of small this rule will affect a substantial number annual revenues for air ambulance entities. Although their annualized of small external load operators, they operators, we estimated them using compliance costs range from $980 to will not incur a significant economic helicopter counts as a revenue driver. $72,784, we were unable to estimate impact. their annual revenues because average We assumed an average of 367 Regulatory Flexibility Analysis revenue per flight for these entities is operations per year for each helicopter Under section 603(b) of the RFA (as and a charge of $7,000 per operation. not meaningful. There are a number of factors (e.g., length of flight, type of amended), each regulatory flexibility The FAA estimated 35 small air analysis is required to address the ambulance operators (with estimated helicopter) that determine the revenue for an individual flight. These factors following points: (1) Reasons the agency revenues lower than $7 million) out of are not likely to result in a distribution considered the rule, (2) the objectives the 73 air ambulance operators that will around a meaningful average revenue. and legal basis for the rule, (3) the kind be affected by this regulation, which we At the higher end of the compliance cost and number of small entities to which consider a substantial number of small range, the economic impact may well be the rule will apply, (4) the reporting, entities. Their ratio of annualized cost to significant, but again, we cannot recordkeeping, and other compliance annual revenue ranges from 1.80 to 1.87 validate such an estimate. In the NPRM, requirements of the rule, and (5) all percent. Based on the criteria used in we asked on-demand operators to Federal rules that may duplicate, the initial regulatory flexibility analysis provide financial data pertaining to the overlap, or conflict with the rule. and used again here, this rule will have rule’s impact on their operations, but we a significant economic impact on a Reasons the FAA Considered the Rule did not receive any comments in substantial number of small air response to this request. Therefore we Helicopter air ambulance accidents ambulance operators. Accordingly, the still have no annual revenue data for reached the highest levels in history FAA prepared a regulatory flexibility these operators. during the years from 2003 through analysis for small air ambulance 2008.23 The year 2008 was the deadliest. operators, as described in the next Aerial Application Operators (Part 137) In 2008, five air ambulance accidents section. We assumed an average of 81 aerial killed 21 people, including pilots, Air Tour Operators application operations per year for each patients, and medical personnel. A total helicopter and a charge of $500 per of 62 helicopter air ambulance accidents We assumed an average of 747 air tour aerial application operation. The FAA occurred during the period from 1991 operations per year for each helicopter identified 224 small aerial application 22 through 2010, and this number included and a charge of $1,689 per air tour operators (with estimated revenues 125 fatalities and a midair collision operation. As such, the FAA identified lower than $7 million) out of the 224 between two helicopter air ambulances. 31 small air tour operators (with aerial application operators that will be Commercial helicopters other than air estimated revenues lower than $7 affected by this regulation, which we ambulances had accidents as well. From million) out of the 46 air tour operators consider a substantial number of small 1991 through 2010, these helicopters that will be affected by this regulation, entities. Their ratio of annualized cost to had 20 accidents and 39 fatalities. which we consider a substantial number annual revenue is 0.01 percent, which is There were four common factors in of small entities. Their ratio of not significant. While this rule will these accidents—night conditions, annualized cost to annual revenue for affect a substantial number of small inadvertent flight into instrument air tour operators ranges from 0.08 to aerial application operators, they will meteorological conditions, loss of 0.26 percent, which is not significant. not incur a significant economic impact. control, and controlled flight into While this rule will affect a substantial External Load Operators (Part 133) terrain. number of small air tour operators, they The impetus for this rulemaking is the will not incur a significant economic We assumed an average of 1,159 number of helicopter accidents, noted impact. external load operations per year for above. Helicopter air ambulances each helicopter and a charge of $625 per On Demand Operators operate under unique conditions. Their external load operation. The FAA flights are often time-sensitive, putting The FAA identified 370 small on- identified 197 small external load pressure on the pilots. Helicopter air demand operators (with 1,500 or fewer operators (with estimated revenues ambulances operate at low altitudes and employees) out of the 379 that will be lower than $7 million) out of the 219 under varied weather conditions. These external load operators that will be pilots fly year-round in rural and urban 22 We multiplied the average revenue per person affected by this regulation, which we for 5 different operators ($380.56/person) by the settings, over mountainous and non- average hours per operation (0.7396 hours/ consider a substantial number of small operation) and by the average revenue passengers entities. Their ratio of annualized cost to 23 GAO, Aviation Safety: Potential Strategies to per helicopters (6 passengers/helicopter). annual revenue is less than 0.01 Address Air Ambulance Safety Concerns (2009).

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mountainous terrain, during the day and regulations to protect patients, medical The Kind and Number of Small Entities during the night, and in conditions personnel and flight crewmembers to Which the Rule Will Apply where visibility is good and in onboard helicopter air ambulances. conditions where it is not. They must The FAA identified 35 small air The Objectives and Legal Basis for the ambulance operators on which the rule often land at unfamiliar, remote, or Rule unimproved sites with hazards like will have a significant economic impact. trees, buildings, towers, wires, and The FAA’s authority to issue rules on We estimate that the small air uneven terrain. aviation safety is found in Title 49 of the ambulance operators have annual United States Code. This rulemaking is revenues between $2.6 million and $5.1 In an emergency, many patients will promulgated under the authority million. not have a choice of whether they want described in 49 U.S.C. 44701(a)(4), to be transported in a helicopter. They which requires the Administrator to The Reporting, Recordkeeping, and may be in a medical condition that promulgate regulations in the interest of Other Compliance Requirements of the prevents them from making decisions safety for the maximum hours or Rule about transportation or indicating what periods of service of airmen and other they want. They cannot choose between employees of air carriers, and 49 U.S.C. As required by the Paperwork competing carriers because the company 44701(a)(5), which requires the Reduction Act of 1995 (44 U.S.C. that responds to the scene may be either Administrator to promulgate regulations 3507(d)), the FAA will submit a copy of the only one in the area or the first one and minimum standards for other these sections to the Office of called. For these reasons, and those practices, methods, and procedures Management and Budget (OMB) for its discussed previously, the FAA is necessary for safety in air commerce and review. The following provisions apply establishing more stringent safety national security. to the Paperwork Reduction Act.

All Federal Rules That May Duplicate, the FAA was unable to find this type of these overlapping results, there will be Overlap, or Conflict With the Rule financial information for the affected no change in the competitiveness of entities, and so used an alternative way The FAA is unaware of any Federal these 33 small air ambulance operators of analyzing affordability. The approach rules that duplicate, overlap, or conflict with large air ambulance operators. used by the FAA was to compare with this rule. However, for the remaining 5 large estimated revenues with the annualized operators, the average ratio of Other Considerations compliance costs. annualized compliance cost to Affordability Analysis The average ratio of annualized costs estimated annual revenue ranges from to estimated annual revenues for small 0.90 percent to 0.93 percent, and this For the purpose of this analysis, the air ambulance operators ranges from gives them a competitive advantage over degree to which small entities can afford 1.80% percent to 1.87 percent. Thus, the small air ambulance operators. the cost of the rule is predicated on the FAA expects that small air ambulance availability of financial resources. Costs operators will not have trouble affording Alternatives can be paid from existing assets such as this rule. cash, by borrowing, through the Alternative One—This alternative provision of additional equity capital, Competitiveness Analysis considers excluding the Helicopter by accepting reduced profits, by raising For small air ambulance operators, the Terrain Awareness and Warning prices, or by finding other ways of average ratio of annualized cost to Systems (HTAWS) unit from the offsetting costs. estimated annual revenue ranges from rulemaking. Although this alternative One means of assessing the 1.80 percent to 1.87 percent. For large would reduce the ratio of annualized affordability is by determining the air ambulance operators, it ranges from compliance cost to annual revenue from ability of each of the small entities to 0.90 percent to 1.94 percent. For 33 out a range of 1.80 percent to 1.87 percent meet its short-term obligations by of the 38 large air ambulance operators, to a range of 1.61 percent to 1.68 looking at net income, working capital it ranges from 1.74 percent to 1.94 percent, there would also be a and financial strength ratios. However, percent. The FAA expects that, based on significant reduction in safety.

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Conclusion—The HTAWS is a tool for significant alternatives to minimize the E. Unfunded Mandates Assessment situational awareness and for helping rule’s burden on small entities. The helicopter air ambulance pilots during FAA analyzed two alternatives to Title II of the Unfunded Mandates night operations. This equipment minimize the burden on small entities. Reform Act of 1995 (Pub. L. 104–4) enhances situational awareness in all We considered excluding the HTAWS requires each Federal agency to prepare aspects of flying including day or night unit requirement from the final rule. a written statement assessing the effects flight, and flight in instrument Next, we considered increasing the of any Federal mandate in a proposed or meteorological conditions. The FAA number of helicopters required to trigger final agency rule that may result in an believes that this equipment is a the OCC requirement to 15. The FAA, expenditure of $100 million or more (in significant safety enhancement for all however, did not consider these to be 1995 dollars) in any one year by State, aspects of helicopter operations. The acceptable alternatives due to the local, and tribal governments, in the accident data shows that the HTAWS significant enhancement for safety that aggregate, or by the private sector; such provision could have prevented many HTAWS provides to helicopter a mandate is deemed to be a ‘‘significant air ambulance accidents if this operations. Therefore, the FAA did not regulatory action.’’ The FAA currently equipment had been installed in the adopt this alternative. uses an inflation-adjusted value of helicopter. Also, HTAWS is a $143.1 million in lieu of $100 million. Conclusion Congressional mandate under Public This final rule does not contain such a Law 112–95. The Act requires the FAA This rule will have a significant mandate; therefore, the requirements of to conduct rulemaking on helicopter air economic impact on a substantial Title II of the Act do not apply. ambulance operations to address number of small air ambulance F. Paperwork Reduction Act ‘‘safety-enhancing technology and operators. The FAA identified 35 small equipment, including HTAWS. . . .’’ air ambulance operators on which the The Paperwork Reduction Act of 1995 Thus the FAA does not consider rule will have a significant economic (44 U.S.C. 3507(d)) requires that the excluding this requirement to be an impact. acceptable alternative in accordance FAA consider the impact of paperwork with 5 U.S.C. § 603(d). D. International Trade Impact and other information collection Alternative Two—This alternative Assessment burdens imposed on the public. would affect the requirement for According to the 1995 amendments to The Trade Agreements Act of 1979 certificate holders engaged in helicopter the Paperwork Reduction Act (5 CFR air ambulance operations to have an (Pub. L. 96–39), as amended by the 1320.8(b)(2)(vi)), an agency may not OCC. The population affected would Uruguay Round Agreements Act (Pub. collect or sponsor the collection of change from operators with 10 or more L. 103–465), prohibits Federal agencies information, nor may it impose an helicopters to those with 15 or more. from establishing standards or engaging information collection requirement Conclusion—The FAA believes that in related activities that create unless it displays a currently valid operators with 10 or more helicopters unnecessary obstacles to the foreign Office of Management and Budget engaged in air ambulance operations commerce of the United States. (OMB) control number. Pursuant to these Acts, the comprise 83 percent of the total air The final rule will impose the ambulance fleet in the U.S. The FAA establishment of standards is not considered an unnecessary obstacle to following new information collection believes that changing the requirement requirements. to apply to operators with 15 or more the foreign commerce of the United helicopters would decrease the coverage States, so long as the standard has a Private Sector Costs of the population to 78 percent. legitimate domestic objective, such the Furthermore, the complexity of protection of safety, and does not (1) Require all rotorcraft used in part operations considerably increases for operate in a manner that excludes 135 operations to be equipped with operators of 10 or more helicopters. imports that meet this objective. The radio altimeters (§ 135.160). Certificate Thus the FAA does not consider this to statute also requires consideration of holders may apply for a deviation from be an acceptable alternative in international standards and, where the requirement for helicopters in which accordance with 5 U.S.C. 603(d). appropriate, that they be the basis for a radio altimeter cannot physically be U.S. standards. The FAA has assessed installed in the flight deck. Estimated Minimizing the Burden on Small the potential effect of this final rule and number of applications for deviations Entities determined the regulations will improve from on-demand helicopters = 94. The Regulatory Flexibility Act safety, which is a legitimate domestic Estimated number of applications for air requires agencies to consider the impact objective and therefore not an tour helicopters = 13. Time needed per of their regulatory proposals on small unnecessary obstacle to foreign deviation application = 1 hour. Salary of entities and to analyze one or more commerce. chief pilot = $79 per hour.

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(2) Establish VFR ceiling and so would document the local flying area Air ambulance operators affected = visibility requirements for helicopter air in a manner acceptable to the 50%. ambulance operations conducted in administrator. We estimate that 50 Time needed to develop local flying class G airspace (§ 135.609). These percent of the air ambulance operators area = 2 hours. operators may designate local flying will designate local flying areas. areas. Certificate holders electing to do Air ambulance operators = 73. Salary of chief pilot = $79 per hour.

(3) Require air ambulance operators to document the procedures for performing Air Ambulance operations per document the highest obstacle along the this task in their operations manuals. helicopter = 367 per year. planned route prior to a VFR flight Air Ambulance Helicopters = 1,073– Flight planning time = 5 minutes per (§ 135.615). Affected operators must 1,371. operation. Salary of pilot = $75 per hour.

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(4) Require each certificate holder program documented in its operations Time for clerk to develop risk analysis performing helicopter air ambulance manual (§ 135.617). worksheet and insert program into operations to implement an FAA- Air ambulance operators = 73. operations manual = 30 hours. approved pre-flight risk-analysis Time for chief pilot to develop risk Salary of chief pilot = $79 per hour. analysis program = 30 hours. Salary of clerk = $25 per hour.

(5) Require pilots in command to Air Ambulance Helicopters = 1,073– Flight planning time = 10 minutes per conduct a pre-flight risk analysis, 1,371. operation. including completion of a risk analysis Air Ambulance operations per Salary of pilot = $75 per hour. worksheet before a helicopter air helicopter = 367 per year. ambulance operation (§ 135.617).

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(6) Require operations control completed and that the flight can be Air Ambulance operations per specialists to participate in the pre-flight conducted safely (§ 135.619). helicopter = 367 per year. risk analysis required by § 135.617, Air Ambulance Helicopters operated Time spent by OCS per pilot’s including acknowledging in writing the by certificate holders with an OCC = worksheet = 5 minutes. date and time the risk analysis was 895–1,144. Salary of operations control specialist (OCS) = $42 per hour.

(7) Require certificate holders with 10 Operators that need to develop the Time for chief pilot to change manual or more helicopter air ambulances to OCS training = 13. = 1 hour. Operators that need to change their establish operational control centers and Time for clerk to change manual = 0.5 manuals = 2. document operations control specialist hour. duties and training in their operations Time for chief pilot to develop OCS Salary of chief pilot = $79 per hour. manuals. (§ 135.619). training = 60 hours. Time for clerk to develop OCS Salary of clerk = $25 per hour. training = 30 hours.

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(8) Require certificate holders that do given to operations control specialists Time per OCS training record = 5 not currently have operations control (§ 135.619). minutes. centers but will be required to have Operations control specialists = 119– Salary of clerk = $25 per hour. them to retain records of the training 152.

(9) Require certificate holders with operations control specialist training Time per OCS training record = 5 operations control centers to retain records (§ 135.619). minutes. Operations control specialists = 369– Salary of clerk = $25 per hour. 472.

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(10) Require that medical personnel Affected air ambulance operators = Time for clerk to incorporate training on board helicopter air ambulance 37. into operations manual = 10 hours. flights receive either a supplemental Time for chief pilot to develop Salary of chief pilot = $79 per hour. safety briefing or safety training in lieu training = 10 hours. of a pre-flight briefing (§ 135.621). Salary of clerk = $25 per hour.

(11) Certificate holders choosing the persons receiving the training Time per medical personnel training option to provide safety training would (§ 135.621). record = 5 minutes. be required to retain training records for Medical personnel = 5,858. Training: every 24 calendar months. Salary of clerk = $25 per hour.

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Note: certificate holders currently administer person to maintain the records would be Operations control specialists would and maintain records for drug and negligible. be subject to certificate holders’ drug alcohol testing for other employees and alcohol testing programs (§§ 120.5, (approved under OMB Control Number Summary of All Burden Hours and 120.15). The FAA believes that, because 2120–0535), the cost for a clerical Costs

Cost to the Federal Government Applications for deviations from radio Salary of inspector at headquarters = altimeter requirement = 107. $76 per hour. (1) Radio altimeters for rotorcraft Time needed for review and operations (§ 135.160). operations specification = 1.5 hour.

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(2) Local Flying Area (§ 135.609). Time needed to review request = 1 Salary of inspector at field office = Air ambulance operators = 73. hour. $48 per hour. Air ambulance operators affected = 50%.

(3) Review pre-flight risk analysis Air ambulance operators = 73. Salary of inspector at field office = procedure and worksheet (§ 135.617). Time to review = 1 hour. $48 per hour.

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(4) OCS training/amendment to Operators = 15. Salary of inspector at field office = existing manual (§ 135.619). Time to review OCS training = 1 hour. $48 per hour.

(5) Review Medical Personnel Air ambulance operators = 73. Salary of inspector at field office = Training (§ 135.621). Time to review = 1 hour. $48 per hour.

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Summary of All Burden Hours and Costs Over 10 Year Period

As required by the Paperwork overwater equipment requirements H. Environmental Analysis Reduction Act of 1995 (44 U.S.C. based on performance class and FAA Order 1050.1E identifies FAA 3507(d)), the FAA has submitted these distance from land based on time at actions that are categorically excluded information collection amendments to normal cruise speed. The FAA did not from preparation of an environmental OMB for its review. Notice of OMB adopt this requirement but instead bases assessment or environmental impact approval for this information collection the rule on existing FAA helicopter statement under the National will be published in a future Federal performance criteria and distances from Environmental Policy Act in the Register document. shore. absence of extraordinary circumstances. G. International Compatibility and Executive Order 13609, Promoting The FAA has determined this Cooperation International Regulatory Cooperation, rulemaking action qualifies for the categorical exclusion identified in In keeping with U.S. obligations promotes international regulatory cooperation to meet shared challenges paragraph 312f. Additionally, the FAA under the Convention on International reviewed paragraph 304 of Order Civil Aviation, it is FAA policy to involving health, safety, labor, security, environmental, and other issues and to 1050.1E and determined that this conform to ICAO Standards and rulemaking involves no extraordinary reduce, eliminate, or prevent Recommended Practices to the circumstances. maximum extent practicable. The FAA unnecessary differences in regulatory has reviewed the corresponding ICAO requirements. The FAA has analyzed I. Regulations Affecting Intrastate Standards and Recommended Practices this action under the policies and Aviation in Alaska and has identified the following agency responsibilities of Executive Section 1205 of the FAA differences. Order 13609, and has determined that Reauthorization Act of 1996 (110 Stat. ICAO Annex 6 Part III, Section II, this action would have no effect on 3213) requires the FAA, when Chapter 4 sets standards for helicopter international regulatory cooperation. modifying its regulations in a manner

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affecting intrastate aviation in Alaska, to Significantly Affect Energy Supply, preamble. To find out more about consider the extent to which Alaska is Distribution, or Use (May 18, 2001). The SBREFA on the Internet, visit http:// not served by transportation modes agency has determined that it is not a www.faa.gov/regulations_policies/ other than aviation, and to establish ‘‘significant energy action’’ under the rulemaking/sbre_act/. appropriate regulatory distinctions. In executive order and it is not likely to List of Subjects the NPRM, the FAA requested have a significant adverse effect on the comments on whether the proposed rule supply, distribution, or use of energy. 14 CFR Part 91 should apply differently to intrastate VI. How To Obtain Additional operations in Alaska. Aircraft, Airmen, Aviation safety, The agency received comments Information Reporting and recordkeeping pertaining to this rule’s application in A. Rulemaking Documents requirements. Alaska which are discussed in sections An electronic copy of a rulemaking 14 CFR Part 120 III.C.1 (the radio altimeter requirement) document may be obtained by using the and III.C.3 (pilot testing on recovery Airmen, Alcohol abuse, Alcoholism, Internet— Alcohol testing, Aviation safety, Drug from inadvertent flight into IMC, flat- 1. Search the Federal eRulemaking light, whiteout, and brownout abuse, Drug testing, Operators, Portal (http://www.regulations.gov); Reporting and recordkeeping conditions) of this final rule document. 2. Visit the FAA’s Regulations and To the requirement for a radio altimeter, requirements, Safety, Safety-sensitive, Policies Web page at http:// Transportation. NorthStar Trekking commented that this www.faa.gov/regulations_policies/ or equipment can give erroneous readings 3. Access the Government Printing 14 CFR Part 135 on snow-covered surfaces. In response, Office’s Web page at http:// Air taxis, Aircraft, Airmen, Aviation as discussed in III.C.1, the FAA has www.gpo.gov/fdsys. determined that the safety benefits of Copies may also be obtained by safety, Incorporation by reference, this equipment outweigh the possibility sending a request (identified by notice, Reporting and recordkeeping of infrequent inaccurate readings. In amendment, or docket number of this requirements. response to the comment about pilot rulemaking) to the Federal Aviation The Amendment testing, the FAA reiterates that pilots Administration, Office of Rulemaking, will benefit from demonstrating ARM–1, 800 Independence Avenue In consideration of the foregoing, the knowledge of procedures for aircraft SW., Washington, DC 20591, or by Federal Aviation Administration handling in all three conditions, calling (202) 267–9680. amends chapter I of title 14, Code of because these conditions may occur Federal Regulations, as follows: year-round in many places. As a result, B. Comments Submitted to the Docket the agency has determined that there is Comments received may be viewed by PART 91—GENERAL OPERATING AND no need to make any regulatory going to http://www.regulations.gov and FLIGHT RULES distinctions applicable to intrastate following the online instructions to ■ 1. Revise the authority citation for part aviation in Alaska. search the docket number for this 91 to read as follows: V. Executive Order Determinations action. Anyone is able to search the electronic form of all comments Authority: 49 U.S.C. 106(f), 106(g), 1155, A. Executive Order 13132, Federalism received into any of the FAA’s dockets 40103, 40113, 40120, 44101, 44111, 44701, by the name of the individual 44704, 44709, 44711, 44712, 44715, 44716, The FAA has analyzed this final rule 44717, 44722, 46306, 46315, 46316, 46504, under the principles and criteria of submitting the comment (or signing the 46506–46507, 47122, 47508, 47528–47531, Executive Order 13132, Federalism. The comment, if submitted on behalf of an articles 12 and 29 of the Convention on agency determined that this action will association, business, labor union, etc.). International Civil Aviation (61 Stat. 1180). not have a substantial direct effect on C. Small Business Regulatory ■ 2. Amend § 91.155 by revising the States, or the relationship between Enforcement Fairness Act the Federal Government and the States, paragraphs (a) and (b)(1) to read as or on the distribution of power and The Small Business Regulatory follows: Enforcement Fairness Act (SBREFA) of responsibilities among the various § 91.155 Basic VFR weather minimums. levels of government, and, therefore, 1996 requires FAA to comply with does not have Federalism implications. small entity requests for information or (a) Except as provided in paragraph advice about compliance with statutes (b) of this section and § 91.157, no B. Executive Order 13211, Regulations and regulations within its jurisdiction. person may operate an aircraft under That Significantly Affect Energy Supply, A small entity with questions regarding VFR when the flight visibility is less, or Distribution, or Use this document, may contact its local at a distance from clouds that is less, The FAA analyzed this final rule FAA official, or the person listed under than that prescribed for the under Executive Order 13211, Actions the FOR FURTHER INFORMATION CONTACT corresponding altitude and class of Concerning Regulations that heading at the beginning of the airspace in the following table:

Airspace Flight visibility Distance from clouds

Class A ...... Not Applicable ...... Not Applicable. Class B ...... 3 statute miles ...... Clear of Clouds. Class C ...... 3 statute miles ...... 500 feet below...... 1,000 feet above...... 2,000 feet horizontal. Class D ...... 3 statute miles ...... 500 feet below...... 1,000 feet above...... 2,000 feet horizontal. Class E: Less than 10,000 feet MSL ...... 3 statute miles ...... 500 feet below.

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Airspace Flight visibility Distance from clouds

...... 1,000 feet above...... 2,000 feet horizontal. At or above 10,000 feet MSL ...... 5 statute miles ...... 1,000 feet below...... 1,000 feet above...... 1 statute mile horizontal. Class G: 1,200 feet or less above the surface (regardless of MSL altitude) For aircraft other than helicopters: Day, except as provided in § 91.155(b) ...... 1 statute mile ...... Clear of clouds. Night, except as provided in § 91.155(b) ...... 3 statute miles ...... 500 feet below...... 1,000 feet above...... 2,000 feet horizontal. For helicopters: Day, except as provided in § 91.155(b) ...... 1⁄2 statute mile ...... Clear of clouds. Night, except as provided in § 91.155(b) ...... 1 statute mile ...... Clear of clouds. More than 1,200 feet above the surface but less than 10,000 feet MSL Day ...... 1 statute mile ...... 500 feet below...... 1,000 feet above...... 2,000 feet horizontal. Night ...... 3 statute miles ...... 500 feet below...... 1,000 feet above...... 2,000 feet horizontal. More than 1,200 feet above the surface and at or above 10,000 5 statute miles ...... 1,000 feet below. feet MSL...... 1,000 feet above...... 1 statute mile horizontal.

(b) * * * PART 135—OPERATING § 135.160 Radio altimeters for rotorcraft operations. (1) Helicopter. A helicopter may be REQUIREMENTS: COMMUTER AND operated clear of clouds in an airport ON DEMAND OPERATIONS AND (a) After April 24, 2017, no person RULES GOVERNING PERSONS ON traffic pattern within 1⁄2 mile of the may operate a rotorcraft unless that runway or helipad of intended landing BOARD SUCH AIRCRAFT rotorcraft is equipped with an operable FAA-approved radio altimeter, or an if the flight visibility is not less than 1⁄2 ■ 6. The authority citation for part 135 statute mile. FAA-approved device that incorporates is revised to read as follows: a radio altimeter, unless otherwise * * * * * Authority: 49 U.S.C. 106(f), 106(g), 41706, authorized in the certificate holder’s approved minimum equipment list. PART 120—DRUG AND ALCOHOL 40113, 44701–44702, 44705, 44709, 44711– 44713, 44715–44717, 44722, 44730, 45101– TESTING PROGRAM (b) Deviation authority. The 45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C. Administrator may authorize deviations 44730). from paragraph (a) of this section for ■ 3. The authority citation for part 120 ■ rotorcraft that are unable to incorporate continues to read as follows: 7. Amend § 135.1 by adding paragraph (a)(9) to read as follows: a radio altimeter. This deviation will be Authority: 49 U.S.C. 106(f), 106(g), 40101– issued as a Letter of Deviation 40103, 40113, 40120, 41706, 41721, 44106, § 135.1 Applicability. Authority. The deviation may be 44701, 44702, 44703, 44709, 44710, 44711, (a) * * * terminated or amended at any time by 45101–45105, 46105, 46306. (9) Helicopter air ambulance the Administrator. The request for deviation authority is applicable to ■ operations as defined in § 135.601(b)(1). 4. Amend § 120.105 by adding rotorcraft with a maximum gross takeoff * * * * * paragraph (i) to read as follows: weight no greater than 2,950 pounds. ■ 8. Amend § 135.117 by adding § 120.105 Employees who must be tested. The request for deviation authority must paragraph (a)(9) to read as follows: contain a complete statement of the * * * * * § 135.117 Briefing of passengers before circumstances and justification, and (i) Operations control specialist flight. must be submitted to the nearest Flight duties. Standards District Office, not less than (a) * * * 60 days prior to the date of intended ■ 5. Amend § 120.215 by adding (9) If a rotorcraft operation involves operations. paragraph (a)(9) to read as follows: flight beyond autorotational distance ■ from the shoreline, as defined in 10. Add § 135.168 to read as follows: § 120.215 Covered employees. § 135.168(a), use of life preservers, § 135.168 Emergency equipment: (a) * * * ditching procedures and emergency exit Overwater rotorcraft operations. (9) Operations control specialist from the rotorcraft in the event of a (a) Definitions. For the purposes of duties. ditching; and the location and use of life this section, the following definitions rafts and other life preserver devices if apply— * * * * * applicable. Autorotational distance refers to the * * * * * distance a rotorcraft can travel in ■ 9. Add § 135.160 to read as follows: autorotation as described by the

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manufacturer in the approved Rotorcraft maintained in accordance with (MOPS) 406 MHz Emergency Locator Flight Manual. § 135.419. Transmitters (ELTs), Sept. 29, 1989, and Shoreline means that area of the land (d) ELT standards. The ELT required (ii) RTCA DO–204A, Minimum adjacent to the water of an ocean, sea, by paragraph (b)(2) of this section must Operational Performance Standards lake, pond, river, or tidal basin that is meet the requirements in: (MOPS) 406 MHz Emergency Locator above the high-water mark at which a (1) TSO–C126, TSO–C126a, or TSO– Transmitters (ELT), Dec. 6, 2007. rotorcraft could be landed safely. This C126b; and ■ 11. Revise § 135.221 to read as does not include land areas which are (2) Section 2 of either RTCA DO–204 follows: unsuitable for landing such as vertical or RTCA DO–204A, as specified by the cliffs or land intermittently under water. TSO complied with in paragraph (d)(1) § 135.221 IFR: Alternate airport weather (b) Required equipment. After April of this section. minimums. 24, 2017, except as provided for in (e) ELT alternative compliance. (a) Aircraft other than rotorcraft. No paragraph (c), when authorized by the Operators with an ELT required by person may designate an alternate certificate holder’s operations paragraph (b)(2) of this section, or an airport unless the weather reports or specifications, or when necessary only ELT with an approved deviation under forecasts, or any combination of them, for takeoff or landing, no person may § 21.618 of this chapter, are in indicate that the weather conditions operate a rotorcraft beyond compliance with this section. will be at or above authorized alternate autorotational distance from the (f) Incorporation by reference. The airport landing minimums for that shoreline unless it carries: standards required in this section are airport at the estimated time of arrival. (1) An approved life preserver incorporated by reference into this (b) Rotorcraft. Unless otherwise equipped with an approved survivor section with the approval of the Director authorized by the Administrator, no locator light for each occupant of the of the Federal Register under 5 U.S.C. person may include an alternate airport rotorcraft. The life preserver must be 552(a) and 1 CFR part 51. To enforce in an IFR flight plan unless appropriate worn by each occupant while the any edition other than that specified in weather reports or weather forecasts, or rotorcraft is beyond autorotational a combination of them, indicate that, at distance from the shoreline, except for this section, the FAA must publish notice of change in the Federal Register the estimated time of arrival at the a patient transported during a helicopter alternate airport, the ceiling and air ambulance operation, as defined in and the material must be available to the public. All approved material is visibility at that airport will be at or § 135.601(b)(1), when wearing a life above the following weather preserver would be inadvisable for available for inspection at the FAA’s Office of Rulemaking (ARM–1), 800 minimums— medical reasons; and (1) If, for the alternate airport, an (2) An approved and installed 406 Independence Avenue SW., Washington, DC 20591 (telephone (202) instrument approach procedure has MHz emergency locator transmitter been published in part 97 of this chapter (ELT) with 121.5 MHz homing 267–9677) and from the sources indicated below. It is also available for or a special instrument approach capability. Batteries used in ELTs must procedure has been issued by the FAA be maintained in accordance with the inspection at the National Archives and Records Administration (NARA). For to the certificate holder, the ceiling is following— 200 feet above the minimum for the (i) Non-rechargeable batteries must be information on the availability of this material at NARA, call (202) 741–6030 approach to be flown, and visibility is replaced when the transmitter has been at least 1 statute mile but never less than in use for more than 1 cumulative hour or go to http://www.archives.gov/ _ _ _ _ the minimum visibility for the approach or when 50% of their useful lives have federal register/code of federal regulations/ibr_locations.html. to be flown. expired, as established by the (2) If, for the alternate airport, no (1) U.S. Department of Transportation, transmitter manufacturer under its instrument approach procedure has Subsequent Distribution Office, DOT approval. The new expiration date for been published in part 97 of this chapter Warehouse M30, Ardmore East Business replacing the batteries must be legibly and no special instrument approach Center, 3341 Q 75th Avenue, Landover, marked on the outside of the procedure has been issued by the FAA MD 20785; telephone (301) 322–5377. transmitter. The battery useful life to the certificate holder, the ceiling and Copies are also available on the FAA’s requirements of this paragraph (b)(2) do visibility minimums are those allowing Web site. Use the following link and not apply to batteries (such as water- descent from the minimum enroute activated batteries) that are essentially type the TSO number in the search box: _ altitude (MEA), approach, and landing unaffected during probable storage http://www.airweb.faa.gov/Regulatory _ _ under basic VFR. intervals; or and Guidance Library/rgTSO.nsf/ ■ 12. Amend § 135.293 by— (ii) Rechargeable batteries used in the Frameset?OpenPage. ■ a. Removing the word ‘‘and’’ from the transmitter must be recharged when the (i) TSO–C126, 406 MHz Emergency end of paragraph (a)(7)(iii); transmitter has been in use for more Locator Transmitter (ELT), Dec. 23, ■ b. Removing the period and adding ‘‘; than 1 cumulative hour or when 50% of 1992, and’’ in its place at the end of paragraph their useful-life-of-charge has expired, (ii) TSO–C126a, 406 MHz Emergency (a)(8); as established by the transmitter Locator Transmitter (ELT), Dec. 17, ■ 2008, and c. Adding paragraph (a)(9); manufacturer under its approval. The ■ d. Redesignating paragraphs (c) (iii) TSO–C126b, 406 MHz Emergency new expiration date for recharging the through (f) as paragraphs (d) through (g) Locator Transmitter (ELT), Nov. 26, batteries must be legibly marked on the respectively; and 2012. outside of the transmitter. The battery ■ e. Adding new paragraph (c). useful-life-of-charge requirements of (2) RTCA, Inc., 1150 18th Street NW., The additions read as follows: this paragraph (b)(2) do not apply to Suite 910, Washington, DC 20036, batteries (such as water-activated telephone (202) 833–9339, and are also § 135.293 Initial and recurrent pilot testing batteries) that are essentially unaffected available on RTCA’s Web site at http:// requirements. during probable storage intervals. www.rtca.org/onlinecart/index.cfm. (a) * * * (c) Maintenance. The equipment (i) RTCA DO–204, Minimum (9) After the next scheduled required by this section must be Operational Performance Standards competency check after April 22, 2014

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for rotorcraft pilots, procedures for certificate holder authorized by the To enforce any edition other than that aircraft handling in flat-light, whiteout, Administrator to conduct helicopter air specified in this section, the FAA must and brownout conditions, including ambulance operations. A helicopter air publish notice of change in the Federal methods for recognizing and avoiding ambulance operation includes, but is Register and the material must be those conditions. not limited to— available to the public. All approved * * * * * (i) Flights conducted to position the material is available for inspection at (c) Each competency check given in a helicopter at the site at which a patient the FAA’s Office of Rulemaking (ARM– rotorcraft must include a demonstration or donor organ will be picked up. 1), 800 Independence Avenue SW., of the pilot’s ability to maneuver the (ii) Flights conducted to reposition Washington, DC 20591 (telephone (202) rotorcraft solely by reference to the helicopter after completing the 267–9677) and from the sources instruments. The check must determine patient, or donor organ transport. indicated below. It is also available for the pilot’s ability to safely maneuver the (iii) Flights initiated for the transport inspection at the National Archives and rotorcraft into visual meteorological of a patient or donor organ that are Records Administration (NARA). For conditions following an inadvertent terminated due to weather or other information on the availability of this encounter with instrument reasons. material at NARA, call (202) 741–6030 meteorological conditions. For (2) Medical personnel means a person or go to http://www.archives.gov/ competency checks in non-IFR-certified or persons with medical training, federal_register/ rotorcraft, the pilot must perform such including but not limited to flight code_of_federal_regulations/ maneuvers as are appropriate to the physicians, flight nurses, or flight ibr_locations.html. rotorcraft’s installed equipment, the paramedics, who are carried aboard a (1) U.S. Department of Transportation, certificate holder’s operations helicopter during helicopter air Subsequent Distribution Office, DOT specifications, and the operating ambulance operations in order to Warehouse M30, Ardmore East Business environment. provide medical care. Center, 3341 Q 75th Avenue, Landover, * * * * * (3) Mountainous means designated MD 20785; telephone (301) 322–5377. mountainous areas as listed in part 95 Copies are also available on the FAA’s § 135.297 [Amended] of this chapter. Web site. Use the following link and ■ 13. Amend § 135.297 by removing the (4) Nonmountainous means areas type the TSO number in the search box: reference to ‘‘§ 135.293(d)’’ and adding other than mountainous areas as listed http://rgl.faa.gov/ ‘‘§ 135.293(e)’’ in its place in the last in part 95 of this chapter. Regulatory_and_Guidance_Library/ rgTSO.nsf/Frameset?OpenPage. sentence of paragraph (c) introductory § 135.603 Pilot-in-command instrument text. qualifications. (i) TSO C–194, Helicopter Terrain Awareness and Warning System ■ 14. Add subpart L to part 135 to read After April 24, 2017, no certificate as follows: (HTAWS), Dec. 17, 2008. holder may use, nor may any person (ii) [Reserved] Subpart L—Helicopter Air Ambulance serve as, a pilot in command of a (2) RTCA, Inc., 1150 18th Street NW., Equipment, Operations, and Training helicopter air ambulance operation Suite 910, Washington, DC 20036, Requirements unless that person meets the telephone (202) 833–9339, and are also Sec. requirements of § 135.243 and holds a available on RTCA’s Web site at http:// 135.601 Applicability and definitions. helicopter instrument rating or an www.rtca.org/onlinecart/index.cfm. 135.603 Pilot-in-command instrument airline transport pilot certificate with a (i) RTCA DO–309, Minimum qualifications. category and class rating for that Operational Performance Standards 135.605 Helicopter terrain awareness and aircraft, that is not limited to VFR. warning system (HTAWS). (MOPS) for Helicopter Terrain 135.607 Flight Data Monitoring System. § 135.605 Helicopter terrain awareness Awareness and Warning System 135.609 VFR ceiling and visibility and warning system (HTAWS). (HTAWS) Airborne Equipment, Mar. 13, requirements for Class G airspace. (a) After April 24, 2017, no person 2008. 135.611 IFR operations at locations without (ii) [Reserved] weather reporting. may operate a helicopter in helicopter 135.613 Approach/departure IFR air ambulance operations unless that § 135.607 Flight Data Monitoring System. transitions. helicopter is equipped with a helicopter After April 23, 2018, no person may 135.615 VFR flight planning. terrain awareness and warning system operate a helicopter in air ambulance 135.617 Pre-flight risk analysis. (HTAWS) that meets the requirements operations unless it is equipped with an 135.619 Operations control centers. in TSO–C194 and Section 2 of RTCA 135.621 Briefing of medical personnel. approved flight data monitoring system DO–309. capable of recording flight performance Subpart L—Helicopter Air Ambulance (b) The certificate holder’s Rotorcraft data. This system must: Equipment, Operations, and Training Flight Manual must contain appropriate (a) Receive electrical power from the Requirements procedures for— bus that provides the maximum (1) The use of the HTAWS; and reliability for operation without § 135.601 Applicability and definitions. (2) Proper flight crew response to jeopardizing service to essential or (a) Applicability. This subpart HTAWS audio and visual warnings. emergency loads, and prescribes the requirements applicable (c) Certificate holders with HTAWS (b) Be operated from the application to each certificate holder conducting required by this section with an of electrical power before takeoff until helicopter air ambulance operations. approved deviation under § 21.618 of the removal of electrical power after (b) Definitions. For purposes of this this chapter are in compliance with this termination of flight. subpart, the following definitions apply: section. (1) Helicopter air ambulance (d) The standards required in this § 135.609 VFR ceiling and visibility operation means a flight, or sequence of section are incorporated by reference requirements for Class G airspace. flights, with a patient or medical into this section with the approval of (a) Unless otherwise specified in the personnel on board, for the purpose of the Director of the Federal Register certificate holder’s operations medical transportation, by a part 135 under 5 U.S.C. 552(a) and 1 CFR part 51. specifications, when conducting

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helicopter air ambulance operations in Class G airspace, the weather minimums in the following table apply:

(b) A certificate holder may designate available, the certificate holder may § 135.613 Approach/departure IFR local flying areas in a manner acceptable obtain the area forecast from the NWS, transitions. to the Administrator, that must— a source approved by the NWS, or a (a) Approaches. When conducting an (1) Not exceed 50 nautical miles in source approved by the FAA, for authorized instrument approach and any direction from each designated information regarding the weather transitioning from IFR to VFR flight, location; observed in the vicinity of the airport; upon transitioning to VFR flight the (2) Take into account obstacles and (2) Flight planning for IFR flights following weather minimums apply— terrain features that are easily (1) For Point-in-Space (PinS) Copter conducted under this paragraph must identifiable by the pilot in command Instrument approaches annotated with a include selection of an alternate airport and from which the pilot in command ‘‘Proceed VFR’’ segment, if the distance may visually determine a position; and that meets the requirements of from the missed approach point to the (3) Take into account the operating §§ 135.221 and 135.223; landing area is 1 NM or less, flight environment and capabilities of the (3) In Class G airspace, IFR departures visibility must be at least 1 statute mile certificate holder’s helicopters. are authorized only after the pilot in and the ceiling on the approach chart (c) A pilot must demonstrate a level command determines that the weather applies; of familiarity with the local flying area conditions at the departure point are at (2) For all instrument approaches, by passing an examination given by the or above VFR minimums in accordance including PinS when paragraph (a)(1) of certificate holder within the 12 calendar with § 135.609; and this section does not apply, if the months prior to using the local flying (4) All approaches must be conducted distance from the missed approach area. at Category A approach speeds as point to the landing area is 3 NM or less, the applicable VFR weather minimums § 135.611 IFR operations at locations established in part 97 or those required without weather reporting. for the type of approach being used. are— (i) For Day Operations: No less than (a) If a certificate holder is authorized (b) Each helicopter air ambulance a 600-foot ceiling and 2 statute miles to conduct helicopter IFR operations, operated under this section must be flight visibility; the Administrator may authorize the equipped with functioning severe (ii) For Night Operations: No less than certificate holder to conduct IFR weather detection equipment. a 600-foot ceiling and 3 statute miles helicopter air ambulance operations at (c) Pilots conducting operations flight visibility; or airports with an instrument approach pursuant to this section may use the (3) For all instrument approaches, procedure and at which a weather weather information obtained in including PinS, if the distance from the report is not available from the U.S. paragraph (a) to satisfy the weather missed approach point to the landing National Weather Service (NWS), a area is greater than 3 NM, the VFR source approved by the NWS, or a report and forecast requirements of § 135.213 and § 135.225(a). weather minimums required by the source approved by the FAA, subject to class of airspace. the following limitations: (d) After completing a landing at the (b) Departures. For transitions from (1) The certificate holder must obtain airport at which a weather report is not VFR to IFR upon departure— a weather report from a weather available, the pilot in command is (1) The VFR weather minimums of reporting facility operated by the NWS, authorized to determine if the weather paragraph (a) of this section apply if— a source approved by the NWS, or a meets the takeoff requirements of part (i) An FAA-approved obstacle source approved by the FAA, that is 97 of this chapter or the certificate departure procedure is followed; and located within 15 nautical miles of the holder’s operations specification, as (ii) An IFR clearance is obtained on or airport. If a weather report is not applicable. before reaching a predetermined

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location that is not more than 3 NM (4) A procedure for determining (b) Operations control center staffing. from the departure location. whether another helicopter air Each certificate holder conducting (2) If the departure does not meet the ambulance operator has refused or helicopter air ambulance operations requirements of paragraph (b)(1) of this rejected a flight request; and must provide enough operations control section, the VFR weather minimums (5) Strategies and procedures for specialists at each operations control required by the class of airspace apply. mitigating identified risks, including center to ensure the certificate holder procedures for obtaining and maintains operational control of each § 135.615 VFR flight planning. documenting approval of the certificate flight. (a) Pre-flight. Prior to conducting VFR holder’s management personnel to (c) Documentation of duties and operations, the pilot in command release a flight when a risk exceeds a responsibilities. Each certificate holder must— level predetermined by the certificate must describe in its operations manual (1) Determine the minimum safe holder. the duties and responsibilities of cruise altitude by evaluating the terrain (b) Each certificate holder must operations control specialists, including and obstacles along the planned route of develop a preflight risk analysis preflight risk mitigation strategies and flight; worksheet to include, at a minimum, the control measures, shift change checklist, (2) Identify and document the highest items in paragraph (a) of this section. and training and testing procedures to obstacle along the planned route of (c) Prior to the first leg of each hold the position, including procedures flight; and helicopter air ambulance operation, the for retesting. (3) Using the minimum safe cruise pilot in command must conduct a (d) Training requirements. No altitudes in paragraphs (b)(1)–(2) of this preflight risk analysis and complete the certificate holder may use, nor may any section, determine the minimum preflight risk analysis worksheet in person perform the duties of, an required ceiling and visibility to accordance with the certificate holder’s operations control specialist unless the conduct the planned flight by applying FAA-approved procedures. The pilot in operations control specialist has the weather minimums appropriate to command must sign the preflight risk satisfactorily completed the training the class of airspace for the planned analysis worksheet and specify the date requirements of this paragraph. flight. and time it was completed. (1) Initial training. Before performing (b) Enroute. While conducting VFR (d) The certificate holder must retain the duties of an operations control operations, the pilot in command must the original or a copy of each completed specialist, each person must ensure that all terrain and obstacles preflight risk analysis worksheet at a satisfactorily complete the certificate along the route of flight are cleared location specified in its operations holder’s FAA-approved operations vertically by no less than the following: manual for at least 90 days from the date control specialist initial training (1) 300 feet for day operations. of the operation. program and pass an FAA-approved (2) 500 feet for night operations. knowledge and practical test given by (c) Rerouting the planned flight path. § 135.619 Operations control centers. the certificate holder. Initial training A pilot in command may deviate from (a) Operations control center. After must include a minimum of 80 hours of the planned flight path for reasons such April 22, 2016, certificate holders training on the topics listed in as weather conditions or operational authorized to conduct helicopter air paragraph (f) of this section. A considerations. Such deviations do not ambulance operations, with 10 or more certificate holder may reduce the relieve the pilot in command of the helicopter air ambulances assigned to number of hours of initial training to a weather requirements or the the certificate holder’s operations minimum of 40 hours for persons who requirements for terrain and obstacle specifications, must have an operations have obtained, at the time of beginning clearance contained in this part and in control center. The operations control initial training, a total of at least 2 years part 91 of this chapter. Rerouting, center must be staffed by operations of experience during the last 5 years in change in destination, or other changes control specialists who, at a minimum— any one or in any combination of the to the planned flight that occur while (1) Provide two-way communications following areas— the helicopter is on the ground at an with pilots; (i) In military aircraft operations as a intermediate stop require evaluation of (2) Provide pilots with weather pilot, flight navigator, or meteorologist; the new route in accordance with briefings, to include current and (ii) In air carrier operations as a pilot, paragraph (a) of this section. forecasted weather along the planned flight engineer, certified aircraft (d) Operations manual. Each route of flight; dispatcher, or meteorologist; or certificate holder must document its (3) Monitor the progress of the flight; (iii) In aircraft operations as an air VFR flight planning procedures in its and traffic controller or a flight service operations manual. (4) Participate in the preflight risk specialist. analysis required under § 135.617 to (2) Recurrent training. Every 12 § 135.617 Pre-flight risk analysis. include the following: months after satisfactory completion of (a) Each certificate holder conducting (i) Ensure the pilot has completed all the initial training, each operations helicopter air ambulance operations required items on the preflight risk control specialist must complete a must establish, and document in its analysis worksheet; minimum of 40 hours of recurrent operations manual, an FAA-approved (ii) Confirm and verify all entries on training on the topics listed in preflight risk analysis that includes at the preflight risk analysis worksheet; paragraph (f) of this section and pass an least the following— (iii) Assist the pilot in mitigating any FAA-approved knowledge and practical (1) Flight considerations, to include identified risk prior to takeoff; and test given by the certificate holder on obstacles and terrain along the planned (iv) Acknowledge in writing, those topics. route of flight, landing zone conditions, specifying the date and time, that the (e) Training records. The certificate and fuel requirements; preflight risk analysis worksheet has holder must maintain a training record (2) Human factors, such as crew been accurately completed and that, for each operations control specialist fatigue, life events, and other stressors; according to their professional employed by the certificate holder for (3) Weather, including departure, en judgment, the flight can be conducted the duration of that individual’s route, destination, and forecasted; safely. employment and for 90 days thereafter.

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The training record must include a (iv) Company general operations duty in 24 consecutive hours, the chronological log for each training policies; certificate holder must provide that course, including the number of training (v) Enhanced operational control person a rest period of at least 8 hours hours and the examination dates and policies; at or before the end of 10 hours of duty; results. (vi) Aeronautical decision making and (iii) If an operations control specialist (f) Training topics. Each certificate risk management; is on duty for more than 10 consecutive holder must have an FAA-approved (vii) Lost aircraft procedures; and hours, the certificate holder must operations control specialist training (viii) Emergency and search and provide that person a rest period of at program that covers at least the rescue procedures, including plotting least 8 hours before that person’s next following topics— coordinates in degrees, minutes, duty period; (1) Aviation weather, including: seconds format, and degrees, decimal (iv) Each operations control specialist (i) General meteorology; minutes format; must be relieved of all duty with the (ii) Prevailing weather; (9) Crew resource management, certificate holder for at least 24 (iii) Adverse and deteriorating including: consecutive hours during any 7 weather; (i) Concepts and practical application; consecutive days. (iv) Windshear; (ii) Risk management and risk (h) Drug and alcohol testing. (v) Icing conditions; mitigation; and Operations control specialists must be (vi) Use of aviation weather products; (iii) Pre-flight risk analysis procedures tested for drugs and alcohol according (vii) Available sources of information; required under § 135.617; to the certificate holder’s Drug and and (10) Local flying area orientation, Alcohol Testing Program administered (viii) Weather minimums; including: under part 120 of this chapter. (2) Navigation, including: (i) Terrain features; (i) Navigation aids; (ii) Obstructions; § 135.621 Briefing of medical personnel. (ii) Instrument approach procedures; (iii) Weather phenomena for local (a) Except as provided in paragraph (iii) Navigational publications; and area; (b) of this section, prior to each (iv) Navigation techniques; (iv) Airspace and air traffic control (3) Flight monitoring, including: helicopter air ambulance operation, facilities; each pilot in command, or other flight (i) Available flight-monitoring (v) Heliports, airports, landing zones, procedures; and crewmember designated by the and fuel facilities; certificate holder, must ensure that all (ii) Alternate flight-monitoring (vi) Instrument approaches; medical personnel have been briefed on procedures; (vii) Predominant air traffic flow; the following— (4) Air traffic control, including: (viii) Landmarks and cultural features, (i) Airspace; including areas prone to flat-light, (1) Passenger briefing requirements in (ii) Air traffic control procedures; whiteout, and brownout conditions; and § 135.117(a) and (b); and (iii) Aeronautical charts; and (ix) Local aviation and safety (2) Physiological aspects of flight; (iv) Aeronautical data sources; resources and contact information; and (3) Patient loading and unloading; (5) Aviation communication, (11) Any other requirements as (4) Safety in and around the including: determined by the Administrator to helicopter; (i) Available aircraft communications ensure safe operations. (5) In-flight emergency procedures; systems; (g) Operations control specialist duty (6) Emergency landing procedures; (ii) Normal communication time limitations. (1) Each certificate (7) Emergency evacuation procedures; procedures; holder must establish the daily duty (8) Efficient and safe communications (iii) Abnormal communication period for an operations control with the pilot; and procedures; and specialist so that it begins at a time that (9) Operational differences between (iv) Emergency communication allows that person to become day and night operations, if appropriate. procedures; thoroughly familiar with operational (b) The briefing required in (6) Aircraft systems, including: considerations, including existing and paragraphs (a)(2) through (9) of this (i) Communications systems; anticipated weather conditions in the section may be omitted if all medical (ii) Navigation systems; personnel on board have satisfactorily (iii) Surveillance systems; area of operations, helicopter operations in progress, and helicopter maintenance completed the certificate holder’s FAA- (iv) Fueling systems; approved medical personnel training (v) Specialized systems; status, before performing duties program within the preceding 24 (vi) General maintenance associated with any helicopter air calendar months. Each training program requirements; and ambulance operation. The operations (vii) Minimum equipment lists; control specialist must remain on duty must include a minimum of 4 hours of (7) Aircraft limitations and until relieved by another qualified ground training, and 4 hours of training performance, including: operations control specialist or until in and around an air ambulance (i) Aircraft operational limitations; each helicopter air ambulance helicopter, on the topics set forth in (ii) Aircraft performance; monitored by that person has completed paragraph (a)(2) of this section. (iii) Weight and balance procedures its flight or gone beyond that person’s (c) Each certificate holder must and limitations; and jurisdiction. maintain a record for each person (iv) Landing zone and landing facility (2) Except in cases where trained under this section that— requirements; circumstances or emergency conditions (1) Contains the individual’s name, (8) Aviation policy and regulations, beyond the control of the certificate the most recent training completion including: holder require otherwise— date, and a description, copy, or (i) 14 CFR Parts 1, 27, 29, 61, 71, 91, (i) No certificate holder may schedule reference to training materials used to and 135; an operations control specialist for more meet the training requirement. (ii) 49 CFR Part 830; than 10 consecutive hours of duty; (2) Is maintained for 24 calendar (iii) Company operations (ii) If an operations control specialist months following the individual’s specifications; is scheduled for more than 10 hours of completion of training.

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Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 49 U.S.C. 44730, in Washington, DC, on February 18, 2014. Michael P. Huerta, Administrator, Federal Aviation Administration. [FR Doc. 2014–03689 Filed 2–20–14; 8:45 am] BILLING CODE 4910–13–P

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Reader Aids Federal Register Vol. 79, No. 35 Friday, February 21, 2014

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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. Presidential Documents 3 CFR 1951...... 6740 1955...... 6740 Executive orders and proclamations 741–6000 Proclamations: 1962...... 6740 The United States Government Manual 741–6000 9079...... 6795 1970...... 6740 9080...... 6797 Other Services 1980...... 6740 9081...... 6799 Electronic and on-line services (voice) 741–6020 3550...... 6740 9082...... 8821 Privacy Act Compilation 741–6064 3560...... 6740 Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: 3570...... 6740 TTY for the deaf-and-hard-of-hearing 741–6086 13657...... 8823 3575...... 6740 13658...... 9851 4274...... 6740 ELECTRONIC RESEARCH Administrative Orders: 4279...... 6740 Memorandums: 4280...... 6740 World Wide Web Memorandum of 4284...... 6740 January 20, 2014 ...... 6453 Full text of the daily Federal Register, CFR and other publications 4290...... 6740 Memorandum of is located at: www.fdsys.gov. January 29, 2014 ...... 6455 9 CFR Federal Register information and research tools, including Public Memorandum of Inspection List, indexes, and Code of Federal Regulations are January 30, 2014 ...... 7041 94...... 7567 located at: www.ofr.gov. Memorandum of Proposed Rules: E-mail January 31, 2014 ...... 7045 3...... 7592 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandum of an open e-mail service that provides subscribers with a digital January 31, 2014 ...... 8079 10 CFR form of the Federal Register Table of Contents. The digital form Notices: 430...... 7366, 7846 of the Federal Register Table of Contents includes HTML and Notice of February 4, 431...... 7746 2014 ...... 7047 PDF links to the full text of each document. Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 5 CFR Ch. 1 ...... 7406 Online mailing list archives, FEDREGTOC-L, Join or leave the list 2...... 8097 (or change settings); then follow the instructions. 6901...... 7565 30...... 8097 PENS (Public Law Electronic Notification Service) is an e-mail 40...... 8097 7 CFR service that notifies subscribers of recently enacted laws. 50...... 8097 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 210...... 7049 52...... 8097 and select Join or leave the list (or change settings); then follow 245...... 7049 60...... 8097 the instructions. 920...... 7365 61...... 8097 FEDREGTOC-L and PENS are mailing lists only. We cannot 946...... 8253 63...... 8097 respond to specific inquiries. 980...... 8253 70...... 8097 Reference questions. Send questions and comments about the Proposed Rules: 71...... 8097 Federal Register system to: [email protected] 210...... 6488 72...... 8097 The Federal Register staff cannot interpret specific documents or 235...... 6488 76...... 8097 regulations. 1703...... 6740 110...... 8097 Reminders. Effective January 1, 2009, the Reminders, including 1709...... 6740 150...... 8097 Rules Going Into Effect and Comments Due Next Week, no longer 1710...... 6740 429 ...... 8112, 8886, 9818 appear in the Reader Aids section of the Federal Register. This 1717...... 6740 430...... 8122 information can be found online at http://www.regulations.gov. 1720...... 6740 431 .....6839, 8112, 8337, 8903, CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1721...... 6740 9643, 9818 longer appears in the Federal Register. This information can be 1724...... 6740 found online at http://bookstore.gpo.gov/. 1726...... 6740 12 CFR 1737...... 6740 261...... 6077 1738...... 6740 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 1071...... 7569 1739...... 6740 6077–6452...... 3 1740...... 6740 Proposed Rules: 6453–6794...... 4 1753...... 6740, 8327 216...... 8904 6795–7046...... 5 1755...... 8327 222...... 9645 7047–7364...... 6 1774...... 6740 229...... 6674 7365–7564...... 7 1775...... 6740 230...... 9647 7565–8080...... 10 1779...... 6740 612...... 9649 8081–8252...... 11 1780...... 6740 8253–8602...... 12 1781...... 6740 14 CFR 8603–8822...... 13 1782...... 6740 25 ...... 7054, 7370, 7372, 9379, 8823–9082...... 14 1924...... 6740 9380 9083–9378...... 18 1940...... 6740 39 ...... 7374, 7377, 7380, 7382, 9379–9620...... 19 1942...... 6740 7386, 7388, 8081, 9382, 9621–9854...... 20 1944...... 6740 9385, 9387, 9389, 9392, 9855–9980...... 21 1948...... 6740 9395, 9398, 9400

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71 ...... 6077, 6801, 6803, 7055, 225...... 6111 117...... 8911 44 CFR 8603, 8604, 8605, 8606, 500...... 6111 165...... 9118 64...... 6833, 7087 9855 507...... 6111, 6116 91...... 9932 573...... 7611 37 CFR 45 CFR 97...... 6804, 6805 579...... 6111 Proposed Rules: 120...... 9932 890...... 9670, 9671 1...... 9677 164...... 7290 121 ...... 6078, 6082, 8257 1308...... 8639 2...... 9678 1100...... 9621 125...... 6082 7...... 9678 1611...... 6836, 8863 135...... 6082, 9932 22 CFR 1171...... 9413 1214...... 7391 41...... 7582 39 CFR 1184...... 9421 Proposed Rules: 120...... 8082 Proposed Rules: Proposed Rules: 25...... 7406 122...... 8082 961...... 9120 262...... 7127 39 ...... 6102, 6104, 6106, 6109, 126...... 8082 264...... 7127 7098, 7103, 7592, 7596, 127...... 8082 40 CFR 1626...... 6859 7598, 7601, 7603, 8350, 128...... 8082 130...... 8082 9...... 6470, 8273 8358, 8905, 9661, 9868 52 ...... 7067, 7070, 7072, 8090, 46 CFR 71 ...... 6841, 8129, 8360, 8362, 706...... 8607 707...... 8614 8632, 8861, 9097 28...... 8864 8363, 8364, 8365, 8367, 152...... 6819 8637 713...... 8618 174...... 8293 47 CFR 73...... 6504 23 CFR 180 .....6092, 6826, 7397, 7401, 1 ...... 7587, 9427, 9622 1206...... 9430 8091, 8295, 8301, 9856, 636...... 8263 4...... 7589 9861 15 CFR 12...... 7589 26 CFR 260...... 7518 22...... 9622 906...... 7056 262...... 7518 1...... 8544 25...... 8308 Proposed Rules: 263...... 7518 54...... 8544 27 ...... 7587, 9427, 9622 748...... 7105 264...... 7518 301...... 8544 73 ...... 8252, 8870, 9622 750...... 7105 265...... 7518 Proposed Rules: 74...... 9622 758...... 7105 271...... 7518 1...... 7110 79...... 7590 772...... 7105 721...... 6470, 8273 27 CFR 1039...... 7077 Proposed Rules: 16 CFR 25...... 9445 447...... 7392 1042...... 7077 1500...... 8825 1068...... 7077 64...... 8935 479...... 7392 79...... 7136 Proposed Rules: Proposed Rules: 423...... 9442 28 CFR 50...... 8644 51...... 9318 48 CFR 17 CFR Proposed Rules: 552...... 8910 52 ...... 6842, 7118, 7126, 7410, Proposed Rules: 230...... 7570 7412, 8130, 8133, 8368, Ch. 2 ...... 8402 240...... 7570 29 CFR 8645, 8914, 8916, 8923, 5...... 6135 260...... 7570 1952...... 8856 9123, 9133, 9134, 9697, 6...... 6135 1987...... 8619 9701 18...... 6135 18 CFR 4022...... 8857 60...... 6330 19...... 6135 157...... 6808 Proposed Rules: 81 ...... 6842, 8133, 9134 52...... 6135 375...... 9402 101...... 7318 82...... 7417 212...... 8387 180...... 9870 225...... 8387 20 CFR 102...... 7318 103...... 7318 190...... 6509 252...... 8387 403...... 7576 1926...... 7611 261...... 8926 429...... 7576 262...... 8926 49 CFR 619...... 9404 31 CFR 721...... 7621 541...... 7090 Proposed Rules: 353...... 8858 1700...... 6117 Proposed Rules: 404...... 9663 360...... 8858 382...... 9703 405...... 9663 363...... 8858 42 CFR 575...... 9792 416...... 9663 88...... 9100 Ch. X...... 7627 32 CFR 424...... 6475 21 CFR 329...... 6809 493...... 7290 50 CFR 17...... 6088 Proposed Rules: Proposed Rules: 106 ...... 7609, 7610, 7934, 9412 317...... 7114 403...... 9872 622 ...... 6097, 8635, 9427, 9866 107...... 7934, 9412 416...... 9872 648...... 8786 33 CFR 800...... 9412 418...... 9872 660...... 6486 803...... 8832 100...... 6457, 9085 441...... 9872 679 .....6837, 7404, 7590, 8870, 806...... 9413 110...... 7064 460...... 9872 9428, 9625 882...... 9083 117 .....7064, 7396, 7584, 8266, 482...... 9872 Proposed Rules: 1308...... 7577 8269, 8270, 8860 483...... 9872 17 ...... 6871, 6874, 7136, 7627, Proposed Rules: 147...... 6817 484...... 9872 8402, 8413, 8416, 8656, 1...... 7006, 8907 165 ...... 6468, 7584, 9086, 9088 485...... 9872 8668 16...... 6111 211...... 7065 486...... 9872 21...... 9152 17...... 6112 Proposed Rules: 491...... 9872 300 ...... 6876, 7152, 7156, 8150 106...... 7611 100...... 6506, 7408 494...... 9872 660...... 6527, 9592

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