Vol. 79 Friday, No. 119 June 20, 2014

Pages 35279–35478

OFFICE OF THE FEDERAL REGISTER

VerDate Mar 15 2010 21:12 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\20JNWS.LOC 20JNWS emcdonald on DSK67QTVN1PROD with NOTICES2 II Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014

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. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 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.

.

VerDate Mar 15 2010 21:12 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\20JNWS.LOC 20JNWS emcdonald on DSK67QTVN1PROD with NOTICES2 III

Contents Federal Register Vol. 79, No. 119

Friday, June 20, 2014

Agency for International Development Comptroller of the Currency RULES RULES Loan Guarantees: Rules, Policies, and Procedures for Corporate Activities; Hashemite Kingdom of Jordan; Standard Terms and CFR Correction, 35279 Conditions, 35283–35286 NOTICES Agency Information Collection Activities; Proposals, Agricultural Marketing Service Submissions, and Approvals: PROPOSED RULES Fair Housing Home Loan Data System, 35413–35414 Mango Promotion, Research, and Information Order; Loans in Areas Having Special Flood Hazards, 35412– Review, 35296 35413 Defense Department Agriculture Department See Air Force Department See Agricultural Marketing Service See Engineers Corps See Food and Nutrition Service See Forest Service Department of Transportation See Pipeline and Hazardous Materials Safety Air Force Department Administration RULES Environmental Impact Analysis Process; Correction, 35286– Education Department 35287 PROPOSED RULES Violence Against Women Act, 35418–35460 Army Department NOTICES See Engineers Corps Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report of Children in State Agency and Locally Blind or Severely Disabled, Committee for Purchase From Operated Institutions for Neglected and Delinquent People Who Are Children, 35322–35323 See Committee for Purchase From People Who Are Blind or Migrant Education Program Regulations and Certificates Severely Disabled of Eligibility, 35322 Applications for New Awards: Centers for Medicare & Medicaid Services Center for Best Practices to Support Single Parent NOTICES Students, 35333–35337 Agency Information Collection Activities; Proposals, Charter Schools Program Grants for Replication and Submissions, and Approvals, 35354–35356 Expansion of High-Quality Charter Schools, 35323– 35333 Children and Families Administration NOTICES Energy Department Agency Information Collection Activities; Proposals, See Federal Energy Regulatory Commission Submissions, and Approvals: NOTICES Child Support Enforcement Program Annual Data Report, Authority to Import and Export Natural Gas, etc.: 35356–35357 Universal LNG Solutions, Inc., Noble Americas Gas and Power Corp., Shell NA LNG, LLC, et al., 35337– Coast Guard 35338 RULES Energy Sector Framework Implementation Guidance, 35338 Drawbridge Operations: Meetings: Trent River, New Bern, NC., 35287–35288 Environmental Management Site-Specific Advisory NOTICES Board, Northern New Mexico, 35338–35339 Meetings: Chemical Transportation Advisory Committee, 35369– Engineers Corps 35370 NOTICES Requests for Nominations: Stakeholder Representative Members; Missouri River Commerce Department Recovery Implementation Committee, 35320–35322 See Foreign-Trade Zones Board See International Trade Administration Environmental Protection Agency See National Oceanic and Atmospheric Administration RULES Identification and Listing of Hazardous Waste; CFR Committee for Purchase From People Who Are Blind or Correction, 35290 Severely Disabled NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Procurement List; Additions and Deletions, 35319–35320 Clean Air Act, 35346–35347

VerDate Mar<15>2010 21:36 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\20JNCN.SGM 20JNCN mstockstill on DSK4VPTVN1PROD with FEDCONTENT IV Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Contents

Final Affirmative Determinations: Fish and Wildlife Service New York State Prohibition of Discharges of Vessel PROPOSED RULES Sewage, 35347–35351 Endangered and Threatened Wildlife and Plants Canada Lynx; Critical Habitat, Distinct Population Executive Office of the President Segment Boundary, 35303–35309 See Presidential Documents NOTICES Permits: See Privacy and Civil Liberties Oversight Board Endangered Species; Marine Mammals, 35375–35376 See Science and Technology Policy Office Food and Drug Administration Federal Aviation Administration NOTICES RULES Agency Information Collection Activities; Proposals, Amendment of Class E Airspace: Submissions, and Approvals: Redmond, OR, 35279–35280 Current Good Manufacturing Practice Regulations for NOTICES Medicated Feeds, 35358–35360 Meetings: Current Good Manufacturing Practice Regulations for National Parks Overflights Advisory Group Aviation Type A Medicated Articles, 35360–35361 Rulemaking Committee, 35405 Index of Legally Marketed Unapproved New Animal Drugs for Minor Species, 35357–35358 Federal Communications Commission Draft Guidance for Industry and Staff: RULES Determining the Need for and Content of Environmental Amateur Radio Service Rules, 35290–35292 Assessments for Gene Therapies, Vectored Vaccines, Public Mobile Services; CFR Correction, 35290 and Related Recombinant Viral or Microbial NOTICES Products, 35361–35362 Agency Information Collection Activities; Proposals, Temporary Permits for Market Testing: Submissions, and Approvals, 35351–35353 Canned Tuna Deviating from Identity Standard, 35362– 35363 Federal Deposit Insurance Corporation Food and Nutrition Service NOTICES RULES Meetings; Sunshine Act, 35353 School Breakfast Program; CFR Correction, 35279

Federal Election Commission Foreign-Trade Zones Board NOTICES NOTICES Meetings; Sunshine Act, 35353 Production Activity Authorizations: GE Transportation, Foreign-Trade Zone 247, Erie, PA., Federal Energy Regulatory Commission 35310 NOTICES Forest Service Applications: NOTICES Dominion Transmission, Inc., 35340–35341 Meetings: El Dorado Irrigation District, 35339–35340 Wenatchee–Okanogan Resource Advisory Committee, Certificates of Public Convenience and Necessity; 35310 Applications: Southern Natural Gas Co., LLC, 35341–35342 Health and Human Services Department Combined Filings, 35342–35343 See Centers for Medicare & Medicaid Services Environmental Assessments; Availability, etc.: See Children and Families Administration Lock Plus Hydro Friends Fund XLII, LLC, 35343–35344 See Food and Drug Administration Environmental Impact Statements; Availability, etc.: See National Institutes of Health Corpus Christi Liquefaction, LLC, Cheniere Corpus See Substance Abuse and Mental Health Services Christi Pipeline, LP; Corpus Christi LNG Project, Administration 35344–35345 NOTICES Phase II Modification and Liquefaction Projects; Freeport Service Contract Inventory; Availability: LNG Development, LP, et al., 35345–35346 FY 2013, 35354 Records Governing Off-the-Record Communications, 35346 Homeland Security Department Federal Highway Administration See Coast Guard NOTICES See Transportation Security Administration NOTICES Final Federal Agency Actions: Privacy Act; Systems of Records, 35366–35369 Proposed Highway in California, 35405–35406 Housing and Urban Development Department Federal Reserve System NOTICES NOTICES Agency Information Collection Activities; Proposals, Changes in Bank Control: Submissions, and Approvals: Acquisitions of Shares of a Bank or Bank Holding Requirements for Single Family Mortgage Instruments, Company, 35353–35354 35370–35371 Formations of, Acquisitions by, and Mergers of Bank Federal Properties Suitable as Facilities to Assist the Holding Companies, 35354 Homeless, 35371–35375

VerDate Mar<15>2010 21:36 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\20JNCN.SGM 20JNCN mstockstill on DSK4VPTVN1PROD with FEDCONTENT Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Contents V

Interior Department Meetings: See Fish and Wildlife Service Fisheries of the Exclusive Economic Zone off Alaska; See Land Management Bureau Stock Assessment of Bering Sea/Aleutian Islands See Ocean Energy Management Bureau Atka Mackerel, 35318–35319 PROPOSED RULES Procedures for Reestablishing a Government-to-Government Nuclear Regulatory Commission Relationship with the Native Hawaiian Community, NOTICES 35296–35303 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35385–35386 International Trade Administration Applications: NOTICES Amendment of License for Export of Deuterium, 35386– Antidumping Duty Administrative Reviews; Results, 35387 Extensions, Amendments, etc.: Regulatory Guides: Ball Bearings and Parts Thereof from Japan and the Bioassay at Uranium Mills, 35387–35388 United Kingdom, 35312–35314 Magnesium Metal from the People’s Republic of China, Ocean Energy Management Bureau 35310–35312 NOTICES Multilayered Wood Flooring from the People’s Republic Determinations of No Competitive Interest: of China, 35314–35317 Pacific Marine Energy Center South Energy Test Site Project Offshore Newport, OR, 35377–35378 Environmental Impact Statements; Availability, etc.: International Trade Commission Central Planning Area Lease Sales 241 and 247, and NOTICES Eastern Planning Area Lease Sale 226, 35378–35380 Investigations; Determinations, Modifications, and Rulings, Outer Continental Shelf, Alaska OCS Region, Chukchi etc.: Sea Planning Area, Oil and Gas Lease Sale 193, Carbon and Certain Alloy Steel Wire Rod from Brazil, 35378 Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 35381 Pension Benefit Guaranty Corporation Certain Mobile Devices, and Related Software Thereof, NOTICES 35382–35383 Agency Information Collection Activities; Proposals, Certain Wireless Devices with 3G and/or 4G Capabilities Submissions, and Approvals: and Components Thereof, 35383–35384 Disclosure of Termination Information, 35388 Rice: Global Competitiveness of the U.S. Industry, 35381– 35382 Pipeline and Hazardous Materials Safety Administration Meetings; Sunshine Act, 35384 NOTICES Special Permit Modifications, 35406–35407 Labor Department Special Permit Applications, 35407–35410 NOTICES Special Permits; Delayed Applications, 35410–35411 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Postal Regulatory Commission Suspension of Pension Benefits, 35384–35385 NOTICES New Postal Products, 35388–35389 Land Management Bureau NOTICES Postal Service Requests for Nominations: RULES Advisory Committees; Montana, Oregon, and Revised Postage and Fee Refund Criteria, 35288–35289 Washington; Third Call, 35376–35377 NOTICES Privacy Act; Systems of Records, 35389–35390

National Institutes of Health Presidential Documents NOTICES PROCLAMATIONS Meetings: Special Observances: Center for Scientific Review, 35364–35365 National Day of Making (Proc. 9143), 35475–35478 National Cancer Institute, 35363–35364 National Institute on Aging, 35364 Privacy and Civil Liberties Oversight Board NOTICES National Oceanic and Atmospheric Administration Meetings; Sunshine Act, 35390 RULES Fisheries of the Caribbean, Gulf of Mexico, and South Science and Technology Policy Office Atlantic: NOTICES 2014 Commercial Accountability Measure and Closure for Materials Genome Initiative Strategic Plan, 35391 Blueline Tilefish in the South Atlantic Region, 35292 Fisheries of the Northeastern United States: Securities and Exchange Commission Atlantic Bluefish Fishery; 2014 Atlantic Bluefish RULES Specifications, 35293–35295 Adoption of Updated EDGAR Filer Manual, 35280–35282 NOTICES NOTICES Endangered and Threatened Species: Self-Regulatory Organizations; Proposed Rule Changes: Take of Anadromous Fish, 35318 Fixed Income Clearing Corp., 35400–35402

VerDate Mar<15>2010 21:36 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\20JNCN.SGM 20JNCN mstockstill on DSK4VPTVN1PROD with FEDCONTENT VI Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Contents

ICE Clear Credit, LLC, 35399–35400 See Surface Transportation Board International Securities Exchange, LLC, 35396–35397 See Transportation Security Administration ISE Gemini, LLC, 35397–35399 NASDAQ OMX PHLX, LLC, 35391–35396 Transportation Security Administration Trading Suspension Orders: RULES AISystems, Inc., et al., 35402 Passenger Civil Aviation Security Service Fee Adjustment, 35462–35473 State Department RULES Treasury Department Debt Collection, 35282–35283 NOTICES See Comptroller of the Currency Delegations of Authority, 35402–35403 NOTICES Delegations of Authority: Agency Information Collection Activities; Proposals, Authority to Accept Volunteer Services from Students, Submissions, and Approvals, 35412 35403 Environmental Assessments; Availability, etc.: Veterans Affairs Department Conduct Scoping Consistent with the National NOTICES Environmental Policy Act of 1969 Proposed Changes Precedent Opinions of the General Counsel, 35414–35415 to the NuStar Dos Laredos Pipeline, 35403–35404 Meetings: Renewal of the Charter of the U.S. International Separate Parts In This Issue Telecommunications Advisory Committee, 35404– 35405 Part II Education Department, 35418–35460 Substance Abuse and Mental Health Services Administration Part III NOTICES Homeland Security Department, Transportation Security Meetings: Administration, 35462–35473 Center for Mental Health Services Advisory Council, 35365 Part IV Center for Mental Health Services National Advisory Presidential Documents, 35475–35478 Council, 35365–35366

Surface Transportation Board 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, 35411 and notice of recently enacted public laws. Transportation Department To subscribe to the Federal Register Table of Contents See Federal Aviation Administration LISTSERV electronic mailing list, go to http:// See Federal Highway Administration listserv.access.gpo.gov and select Online mailing list See Pipeline and Hazardous Materials Safety archives, FEDREGTOC-L, Join or leave the list (or change Administration settings); then follow the instructions.

VerDate Mar<15>2010 21:36 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\20JNCN.SGM 20JNCN mstockstill on DSK4VPTVN1PROD with FEDCONTENT Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Contents VII

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.

3 CFR Proclamations: 9143...... 35477 7 CFR 220...... 35279 Proposed Rules: 1206...... 35296 12 CFR 5...... 35279 14 CFR 71...... 35279 17 CFR 232...... 35280 22 CFR 34...... 35282 235...... 35283 32 CFR 989...... 35286 33 CFR 117...... 35287 34 CFR Proposed Rules: 668...... 35418 39 CFR 111...... 35288 40 CFR 261...... 35290 43 CFR Proposed Rules: 50...... 35296 47 CFR 22...... 35290 97...... 35290 49 CFR 1510...... 35462 50 CFR 622...... 35292 648...... 35293 Proposed Rules: 17...... 35303

VerDate Mar 15 2010 21:13 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\20JNLS.LOC 20JNLS emcdonald on DSK67QTVN1PROD with NOTICES4 35279

Rules and Regulations Federal Register Vol. 79, No. 119

Friday, June 20, 2014

This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION geographic coordinates also are adjusted contains regulatory documents having general to coincide with the FAAs aeronautical applicability and legal effect, most of which Federal Aviation Administration database. are keyed to and codified in the Code of Class E airspace designations are Federal Regulations, which is published under 14 CFR Part 71 published in paragraph 6002, 6004, and 50 titles pursuant to 44 U.S.C. 1510. [Docket No. FAA–2013–0171; Airspace 6005, respectively, of FAA Order The Code of Federal Regulations is sold by Docket No. 13–ANM–6] 7400.9X dated August 7, 2013, and the Superintendent of Documents. Prices of effective September 15, 2013, which is new books are listed in the first FEDERAL Amendment of Class E Airspace; incorporated by reference in 14 CFR REGISTER issue of each week. Redmond, OR 71.1. The Class E airspace designations listed in this document will be AGENCY: Federal Aviation published subsequently in that Order. DEPARTMENT OF AGRICULTURE Administration (FAA), DOT. ACTION: Final rule. The Rule Food and Nutrition Service This action amends Title 14 Code of SUMMARY: This action amends the Class Federal Regulations (14 CFR) Part 71 by 7 CFR Part 220 E airspace at Roberts Field, Redmond, modifying Class E surface area airspace OR. Controlled airspace is necessary to at Roberts Field, Redmond, OR, to School Breakfast Program accommodate aircraft arriving and remove the segment extending from the departing under Instrument Flight Rules CFR Correction 5.1-mile radius of the airport to .9 miles (IFR) at Roberts Field. This action, west of the Deschutes VORTAC, and by initiated by the biennial review of the ■ In Title 7 of the Code of Federal modifying Class E airspace designated Redmond, OR airspace area, enhances as an extension to the Class D and Class Regulations, Parts 210 to 299, revised as the safety and management of aircraft of January 1, 2014, on page 107, in E surface area by adding a segment operations at the airport. This action extending from the 5.1-mile radius of § 220.8, in paragraph (e), the last makes a minor correction to the sentence is corrected to read as follows: Roberts Field, Redmond, OR, to 13.5 geographic coordinates of the airport miles southeast of the airport, and and also corrects the lateral dimensions § 220.8 Meal requirements for breakfasts. removing the segment from the 5.1-mile of the southeast segment of Class E * * * * * radius of the airport to .9 miles west of airspace designated as an extension to the Deschutes VORTAC. After a biennial (e) * * * If only three food items are Class D and E surface area. review of the airspace, the FAA found offered at breakfast, school food DATES: Effective date, 0901 UTC, the segment is no longer needed for authorities or schools may not exercise September 18, 2014. The Director of the aircraft arriving and departing under the offer versus serve option. Federal Register approves this IFR operations. Class E airspace * * * * * incorporation by reference action under extending upward from 700 feet above [FR Doc. 2014–14610 Filed 6–19–14; 8:45 am] 1 CFR Part 51, subject to the annual the surface is modified with segments revision of FAA Order 7400.9 and BILLING CODE 1505–01–D extending from the 7.6-mile radius of publication of conforming amendments. Roberts Field to 11.5 miles northeast FOR FURTHER INFORMATION CONTACT: and 15 miles southeast of the airport. Richard Roberts, Federal Aviation The lateral dimensions of the southeast DEPARTMENT OF THE TREASURY Administration, Operations Support segment of Class E airspace designated Group, Western Service Center, 1601 as an extension, extending from the 5.1- Comptroller of the Currency Lind Avenue SW., Renton, WA 98057; mile radius of the airport is corrected telephone (425) 203–4517. from 3.5 miles to 13.5 miles. This rule 12 CFR Part 5 SUPPLEMENTARY INFORMATION: is necessary to accommodate RNAV (GPS) standard instrument approach Rules, Policies, and Procedures for History procedures and for the safety and Corporate Activities On February 11, 2014, the FAA management of IFR operations at the published in the Federal Register a airport. Also, the geographic coordinates CFR Correction notice of proposed rulemaking (NPRM) of the airport are updated to coincide to modify controlled airspace at Roberts with the FAA’s aeronautical database. ■ In Title 12 of the Code of Federal Field, Redmond, OR (79 FR 8129). Except for administrative changes and Regulations, Parts 1 to 199, revised as of Interested parties were invited to the changes listed above, this rule is the January 1, 2014, on page 289, in § 5.13, participate in this rulemaking effort by same as published in the NPRM. in paragraph (f), the second sentence is submitting written comments on the The FAA has determined this moved to the end of the paragraph. proposal to the FAA. No comments regulation only involves an established [FR Doc. 2014–14614 Filed 6–19–14; 8:45 am] were received. body of technical regulations for which BILLING CODE 1505–01–D Subsequent to publication, the FAA frequent and routine amendments are found an error in the lateral dimensions necessary to keep them operationally of the southeast segment of Class E current. Therefore, this regulation: (1) Is surface area airspace and is corrected not a ‘‘significant regulatory action’’ from 3.5-miles to 13.5-miles. The under Executive Order 12866; (2) is not

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES 35280 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

a ‘‘significant rule’’ under DOT Airspace Designations and Reporting SECURITIES AND EXCHANGE Regulatory Policies and Procedures (44 Points, dated August 7, 2013, and COMMISSION FR 11034; February 26, 1979); and (3) effective September 15, 2013 is does not warrant preparation of a amended as follows: 17 CFR Part 232 regulatory evaluation as the anticipated [Release Nos. 33–9600; 34–72394; 39–2497; impact is so minimal. Since this is a Paragraph 6002 Class E airspace IC–31081] routine matter that only affects air traffic Designated as Surface Areas. procedures and air navigation, it is * * * * * Adoption of Updated EDGAR Filer certified this rule, when promulgated, Manual does not have a significant economic ANM OR E2 Redmond, OR [Modified] AGENCY: Securities and Exchange impact on a substantial number of small Redmond, Roberts Field, OR Commission. entities under the criteria of the (Lat. 44°15′14″ N., long. 121°09′00″ W.) ACTION: Final rule. Regulatory Flexibility Act. The FAA’s That airspace within a 5.1 mile radius of authority to issue rules regarding Roberts Field. This Class E airspace is SUMMARY: The Securities and Exchange aviation safety is found in Title 49 of the effective during the specific dates and times Commission (the Commission) is U.S. Code. Subtitle 1, Section 106 established in advance by a Notice to adopting revisions to the Electronic Data discusses the authority of the FAA Airmen. The effective date and time will Gathering, Analysis, and Retrieval Administrator. Subtitle VII, Aviation thereafter be continuously published in the System (EDGAR) Filer Manual and Programs, describes in more detail the Airport/Facility Directory. related rules to reflect updates to the scope of the agency’s authority. This Paragraph 6004 Class E Airspace Areas EDGAR system. The revisions are being rulemaking is promulgated under the Designated as an Extension to a Class D or made primarily to support the US GAAP authority described in Subtitle VII, Part Class E Surface Area. 2014 Taxonomy, validate the filings A, Subpart I, Section 40103. Under that * * * * * containing EX–101 XBRL documents, section, the FAA is charged with update the Public Validation Criteria prescribing regulations to assign the use ANM OR E4 Redmond, OR [Modified] validation in EX–101.INS documents, of airspace necessary to ensure the Redmond, Roberts Field, OR change the ABS Asset Class value safety of aircraft and the efficient use of (Lat. 44°15′15″ N., long. 121°09′00″ W.) ‘‘Corporate Debt’’ for ABS–15G and airspace. This regulation is within the ABS–15G/A to ‘‘Debt Securities,’’ scope of that authority as it modifies That airspace extending upward from the surface within 1 mile each side of the 122° disseminate unofficial PDF copies of controlled airspace at Roberts Field, COVER and CORRESP attachments to Redmond, OR. bearing of Roberts Field extending from the 5.1-mile radius to 13.5 miles southeast of the EDGARLink Online submissions at the Environmental Review airport. This Class E airspace is effective discretion of the SEC, update the Frequently Asked Questions (FAQ) The FAA has determined that this during the specific dates and times established by a Notice to Airmen. The screens, and revise the N–SAR system action qualifies for categorical exclusion requirements. The EDGAR system is under the National Environmental effective date and time will thereafter be continuously published in the Airport/ scheduled to be upgraded to support Policy Act in accordance with FAA Facility Directory. this functionality on June 16, 2014. Order 1050.1E, Environmental Impacts: DATES: Effective Date: June 20, 2014. Policies and Procedures, paragraph Paragraph 6005 Class E airspace areas 311a. This airspace action is not extending upward from 700 feet or more The incorporation by reference of the expected to cause any potentially above the surface of the earth. EDGAR Filer Manual is approved by the Director of the Federal Register as of significant environmental impacts, and * * * * * no extraordinary circumstances exist June 20, 2014. that warrant preparation of an ANM OR E5 Redmond, OR [Modified] FOR FURTHER INFORMATION CONTACT: In environmental assessment. Redmond, Roberts Field, OR the Division of Corporation Finance, for (Lat. 44°15′15″ N., long. 121°09′00″ W.) questions concerning dissemination of List of Subjects in 14 CFR Part 71 That airspace extending upward from 700 unofficial PDF copies of COVER and Airspace, Incorporation by reference, feet above the surface within a 7.6-mile CORRESP attachments to EDGARLink Navigation (air). radius of Roberts Field, and within 3 miles Online submissions contact Heather ° Mackintosh at (202) 551–3600; in the Adoption of the Amendment either side of the 87 degree bearing of Roberts Field extending from the 7.6-mile Division of Economic and Risk In consideration of the foregoing, the radius to 11.5 miles northeast of the airport, Analysis, for questions concerning Federal Aviation Administration and within 3.5 miles either side of the 122° taxonomies update and XBRL contact amends 14 CFR Part 71 as follows: bearing of the airport extending from the 7.6- Walter Hamscher at (202) 551–5397; and mile radius to 15 miles southeast of the in the Office of Information Technology, PART 71—DESIGNATION OF CLASS A, airport. contact Vanessa Anderson at (202) 551– B, C, D AND E AIRSPACE AREAS; AIR 8800. Issued in Seattle, Washington, on June 11, TRAFFIC SERVICE ROUTES; AND SUPPLEMENTARY INFORMATION: We are 2014. REPORTING POINTS adopting an updated EDGAR Filer Johanna Forkner, Manual, Volume I, Volume II, and ■ 1. The authority citation for 14 CFR Manager (A), Operations Support Group, Volume III. The Filer Manual describes Part 71 continues to read as follows: Western Service Center. the technical formatting requirements Authority: 49 U.S.C. 106(g), 40103, 40113, [FR Doc. 2014–14354 Filed 6–19–14; 8:45 am] for the preparation and submission of 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– BILLING CODE 4910–13–P electronic filings through the EDGAR 1963 Comp., p. 389. system.1 It also describes the § 71.1 [Amended] 1 We originally adopted the Filer Manual on April ■ 2. The incorporation by reference in 1, 1993, with an effective date of April 26, 1993. 14 CFR 71.1 of FAA Order 7400.9X, Release No. 33–6986 (April 1, 1993) [58 FR 18638].

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35281

requirements for filing using The Public Validation Criteria Since the Filer Manual and the EDGARLink Online and the Online validation [fs-0509-Start-And-End- corresponding rule changes relate solely Forms/XML Web site. Dates-Not-Distinct-Inconsistent-With- to agency procedures or practice, The revisions to the Filer Manual Document-Type] has been updated to publication for notice and comment is reflect changes within Volume I entitled allow individual context durations in not required under the Administrative EDGAR Filer Manual, Volume I: EX–101.INS documents that are equal to Procedure Act (APA).4 It follows that ‘‘General Information,’’ Version 17 (June or greater than 24 hours. the requirements of the Regulatory 2014), Volume II entitled EDGAR Filer The ABS Asset Class value ‘‘Corporate Flexibility Act 5 do not apply. Manual, Volume II: ‘‘EDGAR Filing,’’ Debt’’ for ABS–15G and ABS–15G/A The effective date for the updated Version 27 (June 2014), and Volume III submission form types will be changed Filer Manual and the rule amendments entitled EDGAR Filer Manual, Volume to ‘‘Debt Securities.’’ This change will is June 20, 2014. In accordance with the III: ‘‘N–SAR Supplement,’’ Version 3 not impact previous ABS–15G and APA,6 we find that there is good cause (June 2014). The updated manual will ABS–15G/A submissions where filers to establish an effective date less than be incorporated by reference into the selected ‘‘Corporate Debt’’ as the ABS 30 days after publication of these rules. Code of Federal Regulations. Asset Class value. The Filer Manual contains all the The EDGAR system upgrade to Release Unofficial PDF copies of COVER and 14.1 is scheduled to become available technical specifications for filers to CORRESP attachments to EDGARLink submit filings using the EDGAR system. on June 16, 2014. The Commission Online submissions will now be believes that establishing an effective Filers must comply with the applicable disseminated at the discretion of the provisions of the Filer Manual in order date less than 30 days after publication SEC. of these rules is necessary to coordinate to assure the timely acceptance and The Frequently Asked Questions processing of filings made in electronic the effectiveness of the updated Filer 2 (FAQ) screens of the EDGAR Filing Web Manual with the system upgrade. format. Filers may consult the Filer site and the EDGAR Filer Management Manual in conjunction with our rules Web site have been updated to include Statutory Basis governing mandated electronic filing a new ‘‘EDGAR Quick Reference when preparing documents for We are adopting the amendments to Guides’’ hyperlink. On clicking this electronic submission.3 Regulation S–T under Sections 6, 7, 8, hyperlink, filers are presented with a The EDGAR system will be upgraded 10, and 19(a) of the Securities Act of list of hyperlinks to the Quick Reference to Release 14.1 on June 16, 2014 and 1933,7 Sections 3, 12, 13, 14, 15, 23, and Guides in the lower pane of the will introduce the following changes: 35A of the Securities Exchange Act of window. EDGAR will be updated to support the 1934,8 Section 319 of the Trust US GAAP 2014 Taxonomy. In addition, Section 2.1 of the ‘‘EDGAR Filer Indenture Act of 1939,9 and Sections 8, EDGAR will no longer provide support Manual, Volume III: N–SAR 30, 31, and 38 of the Investment for the US GAAP 2012 Taxonomy and Supplement’’ has been revised to update Company Act of 1940.10 the US 2011 DEI Taxonomy. Please see the following N–SAR system http://www.sec.gov/info/edgar/ requirements. (Note: The procedure for List of Subjects in 17 CFR Part 232 filing Form N–SAR, the Semi-Annual edgartaxonomies.shtml for a complete Incorporation by reference, Reporting listing of supported standard Report for Registered Investment Companies has not changed.) and recordkeeping requirements, taxonomies. Securities. Filings containing the EX–101 XBRL • The N–SAR PC application (Version documents will be validated to ensure 6.1.a) is supported by 16-bit and 32-bit Text of the Amendment that: Windows-based Operating Systems. • EX–101 exhibits do not contain • The references to modem and the In accordance with the foregoing, custom elements with a Netscape browser have been deleted. Title 17, Chapter II of the Code of fractionItemType declaration. The Internet browsers recommended for Federal Regulations is amended as • EX–101 exhibits with numerical transmitting N–SAR submissions follows: elements do not have a value and include Internet Explorer 7.0 through decimal attribute combination that 8.0, and Firefox 17.0 or later. PART 232—REGULATION S–T— would cause non-zero digits to be Along with the adoption of the Filer GENERAL RULES AND REGULATIONS truncated to zero. Manual, we are amending Rule 301 of FOR ELECTRONIC FILINGS • EX–101 exhibits with non-numeric Regulation S–T to provide for the elements do not have label roles, such incorporation by reference into the Code ■ 1. The authority citation for Part 232 as ‘‘negated,’’ ‘‘zero,’’ and ‘‘positive’’ of Federal Regulations of today’s continues to read in part as follows: that imply they are numeric. revisions. This incorporation by • Authority: 15 U.S.C. 77f, 77g, 77h, 77j, EX–101 exhibits do not contain an reference was approved by the Director 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, element declaration for which of the Federal Register in accordance 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29, xbrli:periodType is instant and its base with 5 U.S.C. 552(a) and 1 CFR Part 51. 80a–30, 80a–37, and 7201 et seq.; and 18 type is non-numeric. U.S.C. 1350. • You may obtain paper copies of the EX–101.INS XBRL documents do updated Filer Manual at the following * * * * * not contain contexts that include the address: Public Reference Room, U.S. ■ 2. Section 232.301 is revised to read xbrli:forever context element. Securities and Exchange Commission, as follows: 100 F Street NE., Room 1543, We implemented the most recent update to the Filer Washington, DC 20549, on official Manual on March 3, 2014. See Release No. 33–9554 4 5 U.S.C. 553(b). (March 10, 2014) [79 FR 13216]. business days between the hours of 5 2 5 U.S.C. 601–612. See Rule 301 of Regulation S–T (17 CFR 10:00 a.m. and 3:00 p.m. We will post 6 232.301). 5 U.S.C. 553(d)(3). electronic format copies on the 7 3 See Release No. 33–9554 in which we 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). Commission’s Web site; the address for 8 implemented EDGAR Release 14.0. For additional 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. history of Filer Manual rules, please see the cites the Filer Manual is http://www.sec.gov/ 9 15 U.S.C. 77sss. therein. info/edgar.shtml. 10 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37.

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES 35282 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

§ 232.301 EDGAR Filer Manual. SUMMARY: The Department of State eliminated by Section 14219 of the Filers must prepare electronic filings (hereinafter, ‘‘State’’ or ‘‘the Food, Conservation and Energy Act of in the manner prescribed by the EDGAR Department’’) is amending its debt 2008, Public Law 110–234. This statute Filer Manual, promulgated by the collection regulations to permit debt amended 31 U.S.C. 3716(e) to provide Commission, which sets out the notices to be sent by electronic mail to that no limitation on the period within technical formatting requirements for certain debtors and to reflect a change which an offset may be initiated or electronic submissions. The in federal law, which authorizes the taken, pursuant to that section, shall be requirements for becoming an EDGAR offset of Federal non-tax payments to effective. This proscription is Filer and updating company data are set collect delinquent federal debt without mandatory; therefore, State must amend forth in the updated EDGAR Filer regard to the amount of time the debt its regulations to remove the 10-year Manual, Volume I: ‘‘General has been delinquent. cutoff. Information,’’ Version 17 (June 2014). DATES: This rule will become effective Regulatory Analysis The requirements for filing on EDGAR on June 20, 2014. Administrative Procedure Act: This are set forth in the updated EDGAR Filer FOR FURTHER INFORMATION CONTACT: rulemaking is exempt from the notice- Manual, Volume II: ‘‘EDGAR Filing,’’ Elizabeth Amory, Office of the Legal Version 27 (June 2014). Additional and-comment provisions of the Adviser, United States Department of Administrative Procedure Act (APA) provisions applicable to Form N–SAR State (843)746–0558, AmoryEA@ filers are set forth in the EDGAR Filer under the ‘‘good cause’’ exemption of 5 state.gov. U.S.C. 553(b)(3)(B). The Department Manual, Volume III: ‘‘N–SAR SUPPLEMENTARY INFORMATION: finds that, given the Congressional Supplement,’’ Version 3 (June 2014). All mandate to eliminate the limitation on of these provisions have been I. Background the period within which an offset may incorporated by reference into the Code This rule amends State’s debt be initiated or taken, notice and public of Federal Regulations, which action collection regulations found at 22 CFR comment on this rulemaking are was approved by the Director of the part 34 to permit debt notices to be sent unnecessary. Further, the rules affecting Federal Register in accordance with 5 by electronic mail and to reflect the the method by which the Department U.S.C. 552(a) and 1 CFR Part 51. You 2008 amendment to 31 U.S.C. 3716(e), provides debt collection notice to its must comply with these requirements in which authorizes the offset of Federal employees relate solely to agency order for documents to be timely non-tax payments to collect delinquent procedure and practice (5 U.S.C. received and accepted. You can obtain federal debt without regard to the 553(b)(3)(A)). This rule is effective upon paper copies of the EDGAR Filer amount of time the debt has been publication, pursuant to 5 U.S.C. Manual from the following address: delinquent. 553(d)(3). Public Reference Room, U.S. Securities State’s regulations at 22 CFR 34.8(a) Regulatory Flexibility Act: The and Exchange Commission, 100 F Street and 34.13 currently require that debt Department, in accordance with the NE., Room 1543, Washington, DC collection notices be hand-delivered or Regulatory Flexibility Act (5 U.S.C. 601 20549, on official business days sent by first class mail. In some et seq.), has reviewed this regulation between the hours of 10:00 a.m. and situations, sending debt notices by and, by approving it, certifies that this 3:00 p.m. Electronic copies are available email is a more effective and efficient final rule will not have a significant on the Commission’s Web site. The means of ensuring actual receipt of the economic impact on a substantial address for the Filer Manual is http:// notice by the debtor in a timely manner. number of small entities. www.sec.gov/info/edgar.shtml. You can For example, for a debtor who is a Unfunded Mandated Reform Act of also inspect the document at the current State employee and, therefore, 1995: This rule will not result in the National Archives and Records has been assigned a State email account, expenditure by State, local and tribal Administration (NARA). For the delivery of a notification via that governments, in the aggregate, or by the information on the availability of this email account will allow the debtor to private sector, of $100 million or more material at NARA, call 202–741–6030, receive the notice more quickly, in any one year and it will not or go to: http://www.archives.gov/ reliably, and conveniently than if it significantly or uniquely affect small _ _ _ _ federal register/code of federal were sent by first class mail. This is governments. Therefore, no actions were _ regulations/ibr locations.html. especially true for employees serving deemed necessary under the provisions By the Commission. overseas for whom it takes longer to of the Unfunded Mandates Reform Act Dated: June 16, 2014. receive first class mail. of 1995. Kevin M. O’Neill, With modernization of State’s Small Business Regulatory information systems, State is able to Enforcement Act of 1996: This rule is Deputy Secretary. verify the delivery of notices sent to its not a major rule as defined by the Small [FR Doc. 2014–14417 Filed 6–19–14; 8:45 am] own email addresses, rather than first Business Regulatory Enforcement Act of BILLING CODE 8011–01–P class mail. Notice by email may also be 1996 in 5 U.S.C. 804. a more effective and efficient means of Executive Orders 12866 and 13563: notifying a debtor who is a State The Department does not consider this DEPARTMENT OF STATE contractor or a vendor who uses email rule to be a ‘‘significant regulatory regularly to communicate with State action’’ under Executive Order 12866, 22 CFR Part 34 (e.g., when submitting invoices). In section 3(f), Regulatory Planning and [Public Notice 8771] these situations, it is in the interest of Review. In addition, the Department is both parties for State to have the ability exempt from Executive Order 12866 RIN 1400–AD60 to utilize email for purposes of debt except to the extent that it is collection notification. promulgating regulations in conjunction Debt Collection 22 CFR 34.10(7) currently refers to the with or interrelated to a domestic AGENCY: Department of State. ten-year limitation on the offset of agency that are significant regulatory Federal nontax debts in order to collect actions. The Department has ACTION: Final rule. delinquent Federal debts, which was nevertheless reviewed the regulation to

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35283

ensure its consistency with the PART 34—DEBT COLLECTION SUMMARY: This regulation prescribes the regulatory philosophy and principles set procedures and standard terms and forth in Executive Order 12866. This ■ 1. The authority citation for part 34 is conditions applicable to loan guarantees rulemaking updating the provisions of revised to read as follows: to be issued for the benefit of the 22 CFR part 34 is part of the Department Authority: 31 U.S.C. 3701–3719; 5 U.S.C. Hashemite Kingdom of Jordan pursuant of State’s retrospective review, 5514; 31 CFR part 285; 31 CFR parts 900– Section 7041(g)(1)(A) of the Department mandated by EO 13563. The benefit of 904; 5 CFR part 550, subpart K. of State, Foreign Operations, and the rulemaking is that in certain ■ 2. Revise paragraph (a) of § 34.8 to Related Programs Appropriations Act, instances email notification of debt read as follows: 2014. provides a more effective and efficient DATES: Effective June 19, 2014. § 34.8 Notice and demand for payment. delivery mechanism than first class FOR FURTHER INFORMATION CONTACT: D. (a) STATE shall promptly hand mail. This is particularly the case for the Bruce McPherson, Office of General deliver, send by first class mail to the Department’s global and mobile Counsel, U.S. Agency for International debtor’s most current address in the workforce. Postage costs are also Development, Washington, DC 20523– records of STATE, or, in appropriate eliminated by leveraging the 6601; tel. 202–712–1611, fax 202–216– circumstances, send by electronic mail Department’s messaging system in lieu 3055. of first class mail delivery. to the debtor’s most current address in the records of STATE, at least one SUPPLEMENTARY INFORMATION: Pursuant Executive Order 12988: The written notice. Written demand under to the Section 7041(g)(1)(A) of the Department has reviewed this regulation this subpart may be preceded by other Department of State, Foreign in light of sections 3(a) and 3(b)(2) of appropriate actions under this part and Operations, and Related Programs Executive Order 12988, Civil Justice or the FCCS, including but not limited Appropriations Act, 2014 (Div. K, Pub. Reform, to eliminate ambiguity, to actions taken under the procedures L. 113–76), the United States of minimize litigation, establish clear legal applicable to administrative offset, America, acting through the U.S. standards, and reduce burden. including salary offset. Agency for International Development, may issue certain loan guarantees Executive Orders 13132 and 12372: * * * * * This regulation will not have substantial applicable to sums borrowed by the direct effects on the States, the § 34.7 [Amended] Hashemite Kingdom of Jordan (the relationship between the National ■ 3. Remove paragraph (a)(7) from ‘‘Borrower’’), not exceeding an aggregate Government and the States, or on the § 34.7. total of U.S. $1.25 billion in principal distribution of power and ■ amount. Upon issuance, the loan 4. Revise the introductory text of guarantees shall ensure the Borrower’s responsibilities among the various § 34.13 to read as follows: levels of government. Therefore, the repayment of 100% of principal and Department determines that this rule § 34.13 Notice requirements before offset. interest due under such loans and the does not have sufficient federalism Except as provided in § 34.16, salary full faith and credit of the United States implications to require consultations or offset deductions will not be made of America shall be pledged for the full warrant the preparation of a federalism unless STATE first provides the payment and performance of such summary impact statement. The employee with a written notice that he/ guarantee obligations. regulations implementing Executive she owes a debt to the Federal This rulemaking document is not Order 12372 regarding Government at least 30 calendar days subject to rulemaking under 5 U.S.C. intergovernmental consultation on before salary offset is to be initiated. 553 or to regulatory review under federal programs and activities do not When STATE is the creditor agency, Executive Order 12866 because it apply to this regulation. this notice of intent to offset an involves a foreign affairs function of the United States. The provisions of the Executive Order 13175: The employee’s salary shall be hand- delivered or sent by electronic mail to Paperwork Reduction Act (44 U.S.C. Department has determined that this 3501 et seq.) do not apply. rulemaking will not have tribal the employee’s STATE issued electronic implications, will not impose mail address and will state: List of subjects in 22 CFR Part 235 substantial direct compliance costs on * * * * * Foreign aid, Foreign relations, Indian tribal governments, and will not Dated: May 30, 2014. Guaranteed loans, Loan programs- pre-empt tribal law. Accordingly, the Patrick F. Kennedy, foreign relations. requirements of Executive Order 13175 Under Secretary of State for Management. do not apply to this rulemaking. Authority and Issuance [FR Doc. 2014–14505 Filed 6–19–14; 8:45 am] Accordingly, a new Part 235 is added Paperwork Reduction Act: This rule BILLING CODE 4710–37–P does not impose any new or revised to Title 22, Chapter II, of the Code of reporting or recordkeeping requirements Federal Regulations, as follows: subject to the Paperwork Reduction Act, AGENCY FOR INTERNATIONAL PART 235—HASHEMITE KINGDOM OF 44 U.S.C. chapter 35. DEVELOPMENT JORDAN LOAN GUARANTEES ISSUED List of Subjects in 22 CFR Part 34 22 CFR Part 235 UNDER THE FURTHER CONTINUING APPROPRIATIONS ACT, 2014, DIV. F, Administrative practice and Hashemite Kingdom of Jordan Loan PUB. L. 113–6—STANDARD TERMS procedure, Claims, Debts, Garnishment Guarantees Issued Under the Further AND CONDITIONS of wages, Government employee, Continuing Appropriations Act, 2014— Hearing and appeal procedures, Pay Standard Terms and Conditions Sec. administration, Salaries, Wages. 235.1 Purpose. AGENCY: Agency for International 235.2 Definitions. Accordingly, for the reasons stated in Development (USAID). 235.3 The Guarantee. the preamble, 22 CFR part 34 is ACTION: Final rule. 235.4 Guarantee eligibility. amended as follows: 235.5 Non-impairment of the Guarantee.

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES 35284 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

235.6 Transferability of Guarantee; Note closed or a day which is observed as a (3) Interest accrued and unpaid at the Register. federal holiday in Washington, DC, by Interest Rate(s) specified in the Eligible 235.7 Fiscal Agent obligations. the United States Government. Note(s) on the Defaulted Payment and 235.8 Event of Default; Application for Date of Application means the date on Further Guaranteed Payments, in each Compensation; payment. which an Application for Compensation 235.9 No acceleration of Eligible Notes. case from the date of default with 235.10 Payment to USAID of excess is actually received by USAID pursuant respect to such payment to and amounts received by a Noteholder. to § 235.15. including the date on which full 235.11 Subrogation of USAID. Defaulted Payment means, as of any payment thereof is made to the 235.12 Prosecution of claims. date and in respect of any Eligible Note, Noteholder. 235.13 Change in agreements. any Interest Amount and/or Principal Note[s] means any debt securities 235.14 Arbitration. Amount not paid when due. issued by the Borrower. 235.15 Notice. Eligible Note(s) means [a] Note[s] Noteholder means the owner of an 235.16 Governing Law. meeting the eligibility criteria set out in Eligible Note who is registered as such Appendix A to Part 235—Application for § 235.4. on the Note Register. Compensation Fiscal Agency Agreement means the Note Register means the register of Authority: Sec. 7041(g)(1)(A), Div. K, Pub. agreement among USAID, the Borrower Eligible Notes required to be maintained L. 113–76, 128 Stat. 5. and the Fiscal Agent pursuant to which by the Fiscal Agent. the Fiscal Agent agrees to provide fiscal Person means any legal person, § 235.1 Purpose. agency services in respect of the Note[s], including any individual, corporation, The purpose of the regulations in this a copy of which Fiscal Agency partnership, joint venture, association, part is to prescribe the procedures and Agreement shall be made available to joint stock company, trust, standard terms and conditions Noteholders upon request to the Fiscal unincorporated organization, or applicable to loan guarantees issued for Agent. government or any agency or political the benefit of the Borrower, pursuant to Fiscal Agent means the bank or trust subdivision thereof. Section 7041(g)(1)(A) of the Department company or its duly appointed Principal Amount means the of State, Foreign Operations, and successor under the Fiscal Agency principal amount of the Eligible Notes Related Programs Appropriations Act, Agreement which has been appointed issued by the Borrower. For purposes of 2014 (Div. K, Pub. L. 113–76). The loan by the Borrower with the consent of determining the principal amount of the guarantees will be issued as provided USAID to perform certain fiscal agency Eligible Notes issued by the Borrower, herein pursuant to the Loan Guarantee services for specified Eligible Note[s] the principal amount of each Eligible Agreement, dated May 5, 2014, between pursuant to the terms of the Fiscal Note shall be the stated principal the United States of America and the Agency Agreement. amount thereof. Hashemite Kingdom of Jordan (the Further Guaranteed Payments means USAID means the United States ‘‘Loan Guarantee Agreement’’). The loan the amount of any loss suffered by a Agency for International Development guarantee will apply to sums borrowed Noteholder by reason of the Borrower’s or its successor. during a period beginning on the date failure to comply on a timely basis with that the Loan Guarantee Agreement any obligation it may have under an § 235.3 The Guarantee. enters into force and ending thirty days Eligible Note to indemnify and hold Subject to the terms and conditions after such date, not exceeding an harmless a Noteholder from taxes or set out in this part, the United States of aggregate total of one billion United governmental charges or any expense America, acting through USAID, States Dollars ($1,000,000,000) in arising out of taxes or any other guarantees to Noteholders the principal amount. The loan guarantees governmental charges relating to the Borrower’s repayment of 100 percent of shall ensure the Borrower’s repayment Eligible Note in the country of the principal and interest due on Eligible of 100% of principal and interest due Borrower. Notes. Under the Guarantee, USAID under such loans. The full faith and Guarantee means the guarantee of agrees to pay to any Noteholder credit of the United States of America is USAID issued pursuant to this part and compensation in Dollars equal to such pledged for the full payment and Section 7041(g)(1)(A) of the Department Noteholder’s Loss of Investment under performance of such guarantee of State, Foreign Operations, and its Eligible Note; provided, however, obligations. Related Programs Appropriations Act, that no such payment shall be made to 2014 (Div. K, Pub. L. 113–76). any Noteholder for any such loss arising § 235.2 Definitions. Guarantee Payment Date means a out of fraud or misrepresentation for Wherever used in the standard terms Business Day not more than three (3) which such Noteholder is responsible or and conditions set out in this part: Business Days after the related Date of of which it had knowledge at the time Applicant means a Noteholder who Application. it became such Noteholder. The files an Application for Compensation Interest Amount means for any Guarantee shall apply to each Eligible with USAID, either directly or through Eligible Note the amount of interest Note registered on the Note Register the Fiscal Agent acting on behalf of a accrued on the Principal Amount of required to be maintained by the Fiscal Noteholder. such Eligible Note at the applicable Agent. Application for Compensation means Interest Rate. an executed application in the form of Interest Rate means the interest rate § 235.4 Guarantee eligibility. Appendix A to this part which a borne by an Eligible Note. (a) Eligible Notes only are guaranteed Noteholder, or the Fiscal Agent on Loss of Investment means, in respect hereunder. Notes in order to achieve behalf of a Noteholder, files with USAID of any Eligible Note, an amount in Eligible Note status: pursuant to § 235.8. Dollars equal to the total of the: (1) Must be signed on behalf of the Borrower means the Hashemite (1) Defaulted Payment unpaid as of Borrower, manually or in facsimile, by Kingdom of Jordan. the Date of Application, a duly authorized representative of the Business Day means any day other (2) Further Guaranteed Payments Borrower; than a day on which banks in New unpaid as of the Date of Application, (2) Must contain a certificate of York, NY are closed or authorized to be and authentication manually executed by a

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35285

Fiscal Agent whose appointment by the is authorized to guarantee the Eligible § 235.10 Payment to USAID of excess Borrower is consented to by USAID in Notes. amounts received by a Noteholder. the Fiscal Agency Agreement; and If a Noteholder shall, as a result of (3) Shall be approved and § 235.6 Transferability of Guarantee; Note Register. USAID paying compensation under the authenticated by USAID by either: Guarantee, receive an excess payment, it (i) The affixing by USAID on the A Noteholder may assign, transfer or shall refund the excess to USAID. Notes of a guarantee legend pledge an Eligible Note to any Person. incorporating these Standard Terms and Any such assignment, transfer or pledge § 235.11 Subrogation of USAID. Conditions signed on behalf of USAID shall be effective on the date that the In the event of payment by USAID to by either a manual signature or a name of the new Noteholder is entered a Noteholder under the Guarantee, facsimile signature of an authorized on the Note Register required to be USAID shall be subrogated to the extent representative of USAID or maintained by the Fiscal Agent of such payment to all of the rights of (ii) The delivery by USAID to the pursuant to the Fiscal Agency such Noteholder against the Borrower Fiscal Agent of a guarantee certificate Agreement. USAID shall be entitled to under the related Note. incorporating these Standard Terms and treat the Persons in whose names the § 235.12 Prosecution of claims. Conditions signed on behalf of USAID Eligible Notes are registered as the by either a manual signature or a owners thereof for all purposes of the After payment by USAID to an facsimile signature of an authorized Guarantee and USAID shall not be Applicant hereunder, USAID shall have representative of USAID. affected by notice to the contrary. exclusive power to prosecute all claims (b) The authorized USAID related to rights to receive payments representatives for purposes of the § 235.7 Fiscal Agent obligations. under the Eligible Notes to which it is regulations in this part whose Failure of the Fiscal Agent to perform thereby subrogated. If a Noteholder signature(s) shall be binding on USAID any of its obligations pursuant to the continues to have an interest in the shall include the USAID Chief and Fiscal Agency Agreement shall not outstanding Eligible Notes, such a Deputy Chief Financial Officer, impair any Noteholder’s rights under Noteholder and USAID shall consult Assistant Administrator and Deputy, the Guarantee, but may be the subject of with each other with respect to their Bureau for Economic Growth, action for damages against the Fiscal respective interests in such Eligible Education, and Environment, Director Agent by USAID as a result of such Notes and the manner of and and Deputy Director, Office of failure or neglect. A Noteholder may responsibility for prosecuting claims. Development Credit, and such other appoint the Fiscal Agent to make § 235.13 Change in agreements. individual(s) designated in a certificate demand for payment on its behalf under executed by an authorized USAID the Guarantee. No Noteholder will consent to any Representative and delivered to the change or waiver of any provision of Fiscal Agent. The certificate of § 235.8 Event of Default; Application for any document contemplated by the authentication of the Fiscal Agent Compensation; payment. Guarantee without the prior written issued pursuant to the Fiscal Agency consent of USAID. At any time after an Event of Default, Agreement shall, when manually as this term is defined in an Eligible executed by the Fiscal Agent, be § 235.14 Arbitration. Note, any Noteholder hereunder, or the conclusive evidence binding on USAID Any controversy or claim between Fiscal Agent on behalf of a Noteholder that an Eligible Note has been duly USAID and any Noteholder arising out hereunder, may file with USAID an executed on behalf of the Borrower and of the Guarantee shall be settled by Application for Compensation in the delivered. arbitration to be held in Washington, DC form provided in Appendix A to this in accordance with the then prevailing § 235.5 Non-impairment of the Guarantee. part. USAID shall pay or cause to be rules of the American Arbitration After issuance of the Guarantee, the paid to any such Applicant any Association, and judgment on the award Guarantee will be an unconditional, full compensation specified in such rendered by the arbitrators may be faith and credit obligation of the United Application for Compensation that is entered in any court of competent States of America and will not be due to the Applicant pursuant to the jurisdiction. affected or impaired by any subsequent Guarantee as a Loss of Investment not condition or event. This non- later than the Guarantee Payment Date. § 235.15 Notice. impairment of the guarantee provision In the event that USAID receives any Any communication to USAID shall not, however, be operative with other notice of an Event of Default, pursuant to the Guarantee shall be in respect to any loss arising out of fraud USAID may pay any compensation that writing in the English language, shall or misrepresentation for which the is due to any Noteholder pursuant to the refer to the Hashemite Kingdom of claiming Noteholder is responsible or of Guarantee, whether or not such Jordan Loan Guarantee Number which it had knowledge at the time it Noteholder has filed with USAID an inscribed on the Eligible Note and shall became a Noteholder. In particular and Application for Compensation in be complete on the day it shall be without limitation, the Guarantee shall respect of such amount. actually received by USAID at the Office not be affected or impaired by: § 235.9 No acceleration of Eligible Notes. of Development Credit, Bureau for (a) Any defect in the authorization, Economic Growth, Education and execution, delivery or enforceability of Eligible Notes shall not be subject to Environment, United States Agency for any agreement or other document acceleration, in whole or in part, by International Development, Washington, executed by a Noteholder, USAID, the USAID, the Noteholder or any other DC 20523–0030. Other addresses may be Fiscal Agent or the Borrower in party. USAID shall not have the right to substituted for the above upon the connection with the transactions pay any amounts in respect of the giving of notice of such substitution to contemplated by this Guarantee or Eligible Notes other than in accordance each Noteholder by first class mail at (b) The suspension or termination of with the original payment terms of such the address set forth in the Note the program pursuant to which USAID Eligible Notes. Register.

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES 35286 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

§ 235.16 Governing Law. DEPARTMENT OF DEFENSE Accordingly, 32 CFR Part 989 is corrected by making the following The Guarantee shall be governed by Department of the Air Force and construed in accordance with the amendments: laws of the United States of America 32 CFR Part 989 PART 989—ENVIRONMENTAL IMPACT governing contracts and commercial ANALYSIS PROCESS (EIAP) transactions of the United States Environmental Impact Analysis Government. Process (EIAP); Correction ■ 1. The authority citation for part 989 continues to read as follows: Appendix A to Part 235—Application AGENCY: Department of the Air Force, for Compensation United States Agency DoD. Authority: 10 U.S.C. 8013. for International Development ACTION: Final rule; technical corrections. ■ 2. In § 989.3, revise the introductory Washington, DC 20523 text of paragraph (a)(1) to read as SUMMARY: Ref: Guarantee dated as of ll, 20l: This document contains follows: technical correction amendments to the Gentlemen: You are hereby advised that § 989.3 Responsibilities. payment of $ll (consisting of $ll of Air Force EIAP regulation codified at 32 principal, $ll of interest and $____in CFR Part 989. The rule relates to the Air (a) * * * (1) The Deputy Assistant Secretary of Further Guaranteed Payments, as defined in Force process for compliance with the § 235.2 of the Standard Terms and National Environmental Policy Act the Air Force for Installations (SAF/IEI). Conditions of the above-mentioned (NEPA) and Executive Order (E.O.) * * * * * Guarantee) was due on llll, 20l, on 12114, Environmental Effects Abroad of ■ 3. In § 989.4, paragraph (h), revise the $ll Principal Amount of Notes issued by Major Federal Actions. second sentence to read as follows: Hashemite Kingdom of Jordan (the DATES: Effective Date: June 20, 2014. § 989.4 Initial considerations. ‘‘Borrower’’) held by the undersigned. Of FOR FURTHER INFORMATION CONTACT: Mr. such amount $ll was not received on such Jack Bush (HQ USAF/A7CI), 1260 Air * * * * * date and has not been received by the Force Pentagon, Washington, DC 20330– (h) * * * Formal arrangements with undersigned at the date hereof. In accordance 1260, (703) 614–0237. foreign governments concerning with the terms and provisions of the above- environmental matters and SUPPLEMENTARY INFORMATION: The final mentioned Guarantee, the undersigned communications with foreign rule that is the subject of these hereby applies, under § 235.8 of said governments concerning environmental corrections administratively changes Guarantee, for payment of $ll, agreements will be coordinated with the responsibilities of the Deputy Assistant representing $ll, the Principal Amount of Department of State by the Deputy Secretary of the Air Force for the presently outstanding Note(s) of the Assistant Secretary of the Air Force for Environment, Safety and Occupational Borrower held by the undersigned that was Installations (SAF/IEI) through the Health to the Deputy Assistant Secretary due and payable on ll and that remains Deputy Under Secretary of Defense of the Air Force for Installations. This unpaid, and $ll, the Interest Amount on (Installations & Environment). * * * document contains administrative such Note(s) that was due and payable by the ■ documentation of internal realignment 4. In § 989.5, revise paragraph (d) to Borrower on ll and that remains unpaid, read as follows: and $ll in Further Guaranteed Payments,1 and redistribution of responsibilities plus accrued and unpaid interest thereon within the organization of the Office of § 989.5 Organizational relationships. the Assistant Secretary of the Air Force from the date of default with respect to such * * * * * payments to and including the date payment for Installations and Energy (SAF/IE) (d) To ensure timely initiation of the in full is made by you pursuant to said that pertain to official functions codified EIAP, SAF/AQ forwards information Guarantee, at the rate of ll % per annum, in this Part. The functions themselves copies of all Mission Need Statements being the rate for such interest accrual remain unchanged and continue to be and System Operational Requirements specified in such Note. Such payment is to performed by principals within SAF/IE. Documents to SAF/IEI, HQ USAF/A7CI be made at [state payment instructions of (or NGB/A7CV), the Air Force Medical Noteholder]. Administrative Procedure Act Operations Agency, Aerospace All capitalized terms herein that are not The Air Force has determined that the Medicine Office (AFMOA/SG), and the otherwise defined shall have the meanings Administrative Procedure Act, 5 U.S.C. assigned to such terms in the Standard Terms 553, does not require notice of proposed affected MAJCOM EPFs. and Conditions of the above-mentioned rulemaking and an opportunity for * * * * * Guarantee. public participation in connection with ■ 5. In § 989.14, revise paragraph (h) to [Name of Applicant] these corrections. In this regard, the Air read as follows: By: llllllll Force notes that such notice and § 989.14 Environmental assessment. Name: opportunity for comment is unnecessary Title: because these corrections are related * * * * * Dated: solely to agency organization, procedure (h) EAs and accompanying FONSIs Dated: June 17, 2014. and practice and make technical that require the Air Force to make Clean Air Act General Conformity D. Bruce McPherson, corrections. Accordingly, the Air Force Determinations shall be submitted (five Attorney Advisor, Office of the General finds good cause to make these corrections effective immediately upon hard copies and an electronic version) Counsel, U.S. Agency for International through the MAJCOM EPF to HQ USAF/ Development. publication in the Federal Register. 5 U.S.C. 553(b)(B), 553(d)(3). A7CI for SAF/IEE coordination. SAF/ [FR Doc. 2014–14446 Filed 6–19–14; 8:45 am] IEE signs all General Conformity BILLING CODE P List of Subjects in 32 CFR Part 989 Determinations; SAF/IEI will sign the Environmental assessments, companion FONSIs after coordination 1 In the event the Application for Compensation with SAF/IEE, when requested by the relates to Further Guaranteed Payments, such Environmental impact statements, Application must also contain a statement of the Reporting and recordkeeping MAJCOM (see § 989.30). nature and circumstances of the related loss. requirements. * * * * *

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35287

■ 6. In § 989.19, paragraph (c)(2), revise § 989.21 Record of decision (ROD). sentence of paragraph (b), to read as the last sentence to read as follows: (a) The proponent and the EPF follows: prepare a draft ROD, formally staff it § 989.19 Draft EIS. through the MAJCOM EPC, to HQ § 989.34 Special and emergency procedures. * * * * * USAF/A7CI for verification of adequacy, (a) * * * EPFs must forward all (c) * * * and forwards it to either SAF/IEI or SAF/AQR, as the case may be, for requests for procedural deviations to HQ (2) * * * Submit requests to deviate approval and designation of the USAF/A7CI (or ANGRC/CEV) for review from procedures in appendix C to this signator. * * * and approval by SAF/IEI. part to HQ USAF/A7CI for SAF/IEI * * * * * (b) * * * If possible, promptly notify approval. HQ USAF/A7CI, for SAF/IEI ■ 9. § 989.26, revise paragraph (f) to coordination and CEQ consultation. * * * * * read as follows: *** ■ 7. In § 989.20, paragraph (a), revise the § 989.26 Classified actions (40 CFR ■ 11. In § 989.36, revise the first first sentence to read as follows: 1507.3(c)). sentence to read as follows: § 989.20 Final EIS. * * * * * (f) Whenever a proponent believes § 989.36 [Corrected] * * * * * that EIAP documents should be kept In order to deal with unusual (a) If changes in the draft EIS are classified, the EPF must make a report circumstances and to allow growth in minor or limited to factual corrections of the matter to SAF/IEI, including the EIAP process, SAF/IEI may grant and responses to comments, the proposed modifications of the normal waivers to those procedures contained proponent and EPF may, with the prior EIAP to protect classified information. in this part not required by NEPA or the approval of HQ USAF/A7CI and SAF/ The EPF may make such submissions at CEQ Regulations. * * * IEI, prepare a document containing only whatever level of security classification ■ 12. In Appendix A to Part 989, add a comments on the Draft EIS, Air Force is needed to provide a comprehensive new entry for ‘‘SAF/IEI’’ to the responses, and errata sheets of changes understanding of the issues. SAF/IEI, ‘‘Abbreviations and Acronyms’’ table in staffed to the HQ USAF ESOHC for with support from SAF/GC and other alphabetical order to read as follows: coordination. * * * staff elements as necessary, makes final decisions on EIAP procedures for Appendix A to Part 989—Glossary of * * * * * classified actions. References, Abbreviations, Acronyms, ■ 8. In § 989.21, revise the first sentence ■ 10. In § 989.34, revise the last and Terms of paragraph (a) to read as follows: sentence of paragraph (a), and the third * * * * *

Abbreviation or acronym Definition

******* SAF/IEI ...... Deputy Assistant Secretary of the Air Force for Installations.

*******

* * * * * C. Cunningham Bridge across the Trent and 5 p.m., Monday through Friday, River, mile 0.0, at New Bern, NC. The except Federal holidays. Henry Williams, DAF, deviation is necessary to ensure the FOR FURTHER INFORMATION CONTACT: If Acting Air Force Federal Register Liaison safety of attendees to the Mumfest Officer. you have questions on this temporary celebration. The deviation allows the deviation, call or e-mail Mrs. Jessica [FR Doc. 2014–14431 Filed 6–19–14; 8:45 am] bridge draw span to open every two BILLING CODE 5001–10–P Shea, Bridge Management Specialist, hours, on the hour, during the deviation Fifth Coast Guard District, telephone period to accommodate the free (757) 398–6422, email jessica.c.shea@ movement of pedestrians and vehicles uscg.mil. If you have questions on DEPARTMENT OF HOMELAND during the annual Mumfest celebration. viewing the docket, call Cheryl Collins, SECURITY DATES: This deviation is effective from Program Manager, Docket Operations, 9 a.m. to 7 p.m. on October 11, 2014 and Coast Guard telephone 202–366–9826. from 9 a.m. to 5 p.m. on October 12, SUPPLEMENTARY INFORMATION: The Event 2014. 33 CFR Part 117 Director for the New Bern Mumfest, ADDRESSES: The docket for this with approval from the North Carolina [Docket No. USCG–2014–0486] deviation, USCG–2014–0486 is available Department of Transportation, owner of at http://www.regulations.gov. Type the the drawbridge, has requested a Drawbridge Operation Regulation; temporary deviation from the current Trent River, New Bern, NC docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open operating regulations set out in 33 CFR AGENCY: Coast Guard, DHS. Docket Folder on the line associated 117.843(a) to accommodate safe passage for pedestrians and vehicles during ACTION: Notice of Deviation from with this deviation. You may also visit Drawbridge Regulation. the Docket Management Facility in Mumfest. Room W12–140 on the ground floor of The US 70/Alfred C. Cunningham SUMMARY: The Coast Guard has issued a the Department of Transportation West Bridge across the Trent River, mile 0.0, temporary deviation from the operating Building, 1200 New Jersey Avenue SE., a double bascule lift Bridge, in New schedule that governs the US 70/Alfred Washington, DC 20590, between 9 a.m. Bern, NC, has a vertical clearance in the

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES 35288 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

closed position of 14 feet, above mean Product Classification, appeal assessments which were outside high water. Under the normal operating [email protected], 202–268– the scope of this rulemaking. The PC schedule, the US 70/Alfred C. 5581. Postage provider expressed opposition to the current standards that provide for Cunningham Bridge would open on SUPPLEMENTARY INFORMATION: signal during this timeframe. However, hourly charges when validating refunds under this temporary deviation, the I. Revised Proposal to higher volume (postage refunds for) drawbridge will only be allowed to open On January 3, 2014, the Postal Service postage meter users. This commenter every two hours, on the hour, starting at published a revised notice of proposed stated that these are not the same 9 a.m. and continuing until 7 p.m. on rulemaking (79 FR 375–6) to align with standards used for PC Postage appeals Saturday, October 11, 2014; and from 9 current costs the assessments for (when the end-users is denied a postage a.m. to 5 p.m., on Sunday, October 12, processing postage refunds that have refund by the PC Postage provider). The 2014 to accommodate the New Bern been in effect since 2003. The Postal commenter continued that processes Mumfest. Service proposed to update the hourly used to validate refunds from PC Vessels able to pass under the closed factor used in refund assessments from Postage appeals should be equivalent to span may do so. Mariners are advised to $35.00 an hour to $50.00 an hour. that used for postage meter refunds. This commenter also suggested that the proceed with caution. There are no Additionally, the threshold for assessing Postal Service relax or eliminate alternate routes for vessels and the postage refunds at the hourly factor assessments for processing postage bridge will be able to open in the event would be updated from postage refunds and appeals when customers of an emergency. The Coast Guard will amounts exceeding $350.00 to postage make mistakes in printing postage also inform the users of the waterways amounts exceeding $500.00. The current indicia (and the Postal Service is not at through our Local and Broadcast 10% assessment used below the fault). Although these comments fall Notices to Mariners of the change in threshold would remain unchanged. outside of the scope of this rulemaking, operating schedule for the bridge so that The Postal Service also proposed to the Postal Service provides the vessels can arrange their transits to add language to the DMM to provide minimize any impact caused by the following clarifications: customers with information on refund • The refund assessment amounts in temporary deviation. time periods for extra service fees to In accordance with 33 CFR 117.35(e), this proposed rule would not revise the align with the revised claims filing current standards for providing PC the drawbridge must return to its regular periods (made effective January 26, operating schedule immediately at the postage refunds or appeals to adverse 2014) to promote timely adjudication. rulings by a PC Postage provider. The end of the effective period of this The Postal Service proposed including temporary deviation. This deviation Postal Service does not make any instructions in the DMM that refund assessment for postage refunds from the operating regulations is TM requests for Registered Mail , Certified submitted electronically by PC Postage authorized under 33 CFR 117.35. ® TM Mail , Signature Confirmation , USPS end-users to their provider within the Dated: June 11, 2014. TrackingTM, Adult Signature services, established filing period(s). This Waverly W. Gregory, Jr., and insurance fees must be made by the includes postage refunds for unused, Bridge Program Manager, Fifth Coast Guard mailer no sooner than 10 days, or more dated PC Postage indicia with a package District. than 60 days, from the date the service identification code (PIC) made within [FR Doc. 2014–14487 Filed 6–19–14; 8:45 am] was purchased. 30-days from the date of printing and for BILLING CODE 9110–04–P Additionally, if these proposed unused, undated PC Postage without a changes were adopted, PS Form 3533, PIC when made within 60 days from the Application for Refund of Fees, date of printing. POSTAL SERVICE Products and Withdrawal of Customer • The Postal Service expanded the Accounts, would be revised to reflect refund period (under DMM 604.9) for 39 CFR Part 111 the changes. The proposed rule items with a package identification code included a 30-day comment period. from 10 days to 30 days in a final rule, Revised Postage and Fee Refund After a review of the comments and published June 26, 2013, and effective Criteria further analysis, the Postal Service is July 28 (78 FR 38203–19), This effort adopting this final rule as originally served to provide customers additional AGENCY: Postal ServiceTM. proposed with the exception of the time to reconcile their shipping records ACTION: Final rule. proposed change regarding the refund of and to help reduce the amount of insurance fees, which has been requests for appeals being received SUMMARY: The Postal ServiceTM will removed. beyond the current 10 day refund filing revise Mailing Standards of the United period. States Postal Service, Domestic Mail II. Comments and Responses • ® Based on current records, Manual (DMM ) section 604.9 to update The Postal Service received two approximately 75% of PC Postage the hourly charges and related postage formal responses to the revised appeals are submitted to USPS® outside threshold used in assessing certain proposed rule of January 3, 2014, one of the established criteria. As a types of postage refunds and to provide from a mailer and from a PC Postage reminder, only the PC Postage end-user the allowable time periods for provider. should submit their appeal to an requesting refunds for extra service fees. The mailer requested that the Postal adverse provider ruling on their refund DATES: Effective Date: July 28, 2014. Service not eliminate the 10% request, made within the 30-day period FOR FURTHER INFORMATION CONTACT: assessment for postage refunds. The for items associated to a package Douglas Germer, Revenue/Field 10% will not change, but the threshold identification code, and 60-day period Accounting, douglas.g.germer@ at which the 10% assessment changes to for items not associated to a package usps.gov, 202–268–8522; Karen Key, an hourly rate, and the hourly rate itself, identification code. Further, postage Director, Shipping Products and will both be increased. refund requests made by the end-user Services, [email protected], 202– The comment from the PC Postage during the established periods are 268–7492; or Suzanne Newman, provider referenced certain refund and submitted to the provider and not

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35289

appeals subject to assessment by the • Additionally, PS Form 3533, h. For fees paid for extra services, as Postal Service. Application for Refund of Fees, allowed under 9.2.3, when refund • Records also indicate that on Products and Withdrawal of Customer request is made by the mailer less than average, only 25% of all appeals Accounts, will be revised to reflect the 10 days, or more than 60 days, from the received can be granted as such and are changes. date the service was purchased, unless assessed a charge. Further, less than 1% otherwise authorized by the manager, List of Subjects in 39 CFR Part 111 of those granted appeals would exceed Revenue Field Accounting (see 608.8 for the new threshold to be charged at the Administrative practice and address). procedure, Postal Service. hourly assessment, as suggested by the * * * * * provider. For the reasons stated in the • Finally, ordinary unused metered preamble, 39 CFR part 111 is amended 9.2.6 Postage Affixed to Business indicia postage refunds are not as follows: Reply Mail processed by the Postal Service in the same manner as PC Postage appeals. PART 111—[AMENDED] [Revise the seventh sentence of 9.2.6 Year-to-date FY 2014 PC Postage refund to read as follows:] ■ 1. The authority citation for 39 CFR appeal records indicate that, unlike part 111 continues to read as follows: * * * A charge of $50.00 per hour, or most metered indicia refunds for fraction thereof, is assessed for the envelopes not associated to a package Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– workhours used to process the credit or 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, identification code, more than 94% of refund. * * * the PC Postage refund appeals are for 401, 403, 404, 414, 416, 3001–3011, 3201– 3219, 3403–3406, 3621, 3622, 3626, 3632, * * * * * items bearing package identification 3633, and 5001. codes. This requires that each label ■ 2. Revise the following sections of 9.3.2 General Standards for Metered (sometimes numbering in the hundreds Mailing Standards of the United States Indicia Refunds per refund request) to be manually ® Postal Service, Domestic Mail Manual * * * For both types of unused researched using USPS data archives (DMM), as follows: to confirm that the postage was unused. metered indicia, submit refund requests In some cases, electronic scan data also Mailing Standards of the United States as follows: exists for the associated package Postal Service, Domestic Mail Manual * * * * * (DMM) identification code, creating extenuating b. * * * Charges for processing a circumstances and making these refund * * * * * refund request for unused, dated meter determinations complex. • 600 Basic Standards for All Mailing indicia are as follows, depending on the The refund assessment process total face value of the indicia: described in the proposed rule would Services [Revise 9.3.2b1 and 9.3.2b2 to read as not alter the current standards that * * * * * provide for a 100% refund in instances follows:] where a service failure is evident or 604 Postage Payment Methods 1. When the total face value of the when USPS® is at fault. * * * * * indicia is $500.00 or less, the amount refunded is 90% of the face value. USPS III. Features of the Final Rule 9.0 Exchanges and Refunds may process the refund payment via a The Postal Service will align the * * * * * no-fee postal money order. current assessments for processing postage refunds, in effect since 2003, 9.2 Postage and Fee Refunds 2. When the total face value of the with current costs as follows: * * * * * indicia is more than $500.00, the • The hourly factor used in various amount refunded is the total face value refund assessments will increase from 9.2.3 Full Refund reduced by $50.00 per hour for the $35.00 an hour to $50.00 an hour. A full refund (100%) may be made USPS time to process the refund, with • The threshold for assessing postage when: a minimum charge of $50.00. The refunds at the hourly factor will be * * * * * charge is $50.00 for each hour spent, updated from postage amounts [Revise 9.2.3e to read as follows:] with the last fraction of an hour treated exceeding $350.00 to postage amounts e. Fees are paid for special handling, as a full hour. Payment processing for exceeding $500.00. The current 10% Certified Mail, USPS Tracking, Adult refunds of $500.01 or more is through assessment below the threshold would Signature, or Signature Confirmation, the Accounting Service Center. remain unchanged. and the article fails to receive the extra * * * * * • The Postal Service is adding service for which the fee is paid. 9.3.4 Unused, Undated Meter Indicia standards to the DMM to provide * * * * * customers with information on 9.2.4 Postage Refunds Not Available [Revise the introductory sentence of allowable refund periods for extra 9.3.4 to read as follows:] service fees that align with the revised Refunds are not made for the claims filing periods (made effective following: Authorized users, or the commercial entity that prepared the mailing for the January 26, 2014) to promote timely * * * * * adjudication. Therefore, full refund [Revise the text of 9.2.4b to read as authorized user, must submit refund requests for extra service fees, provided follows:] requests for undated, unused meter under the allowable standards for b. Collect on delivery (COD), Priority indicia under 9.3.1 and 9.3.2 as follows: Registered MailTM, Certified Mail®, Mail Express insurance, insured mail, * * * * * Signature ConfirmationTM, USPS and Registered Mail fees, after the USPS Stanley F. Mires, TrackingTM, Adult Signature, must be accepts the article (even if the article is made by the mailer no sooner than 10 later withdrawn from the mail). Attorney, Legal Policy & Legislative Advice. days, or more than 60 days, from the [Add new item 9.2.4h to read as [FR Doc. 2014–14415 Filed 6–19–14; 8:45 am] date the service was purchased. follows:] BILLING CODE P

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00011 Fmt 4700 Sfmt 9990 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES 35290 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

ENVIRONMENTAL PROTECTION ACTION: Final rule. 4. The rules that the Commission AGENCY adopted in this R&O apply to amateur SUMMARY: This document amends the radio clubs, some of which may be 40 CFR Part 261 rules for the Amateur Radio Service by small entities. The Commission certifies modifying the qualifying examination that no regulatory flexibility analysis is Identification and Listing of Hazardous system to grant partial examination necessary here because, even if a Waste credit for certain expired amateur substantial number of amateur radio operator licenses, permits examinations CFR Correction clubs were affected by the rules, there to be administered remotely, and allows would not be a significant economic ■ In Title 40 of the Code of Federal amateur stations to transmit certain impact on those entities. The rules we Regulations, Parts 260 to 265, revised as additional emission types. The rule are adopting do not impose economic of July 1, 2013, on page 37, in § 261.3, amendments are necessary to requirements. Instead, they relate to the paragraphs (a)(2)(v)(A) and (B) are implement these changes. Additionally, administration of the amateur radio reinstated to read as follows: this document amends certain rules to service. Therefore, we certify that the conform them to prior Commission § 261.3 Definition of hazardous waste. rule changes adopted in this R&O will decisions. The effect of this action is to not have a significant economic impact (a) * * * enhance the usefulness of the amateur on a substantial number of small (2) * * * service rules by making the amateur entities. (v) * * * service more accessible to former (A) The rebuttable presumption does 5. This R&O and the rule amendments licensees and to allow amateur stations not apply to metalworking oils/fluids are issued under the authority contained to transmit certain additional emission containing chlorinated paraffins, if they in 47 U.S.C. 154(i), 303(r), and 403. types. 6. Paperwork Reduction Act Analysis. are processed, through a tolling This Report and Order does not contain agreement, to reclaim metalworking DATES: Effective July 21, 2014. new or modified information oils/fluids. The presumption does apply FOR FURTHER INFORMATION CONTACT: to metalworking oils/fluids if such oils/ William T. Cross, Mobility Division, collection(s), subject to the Paperwork fluids are recycled in any other manner, Wireless Telecommunications Bureau, Reduction Act of 1995, Public Law 104– or disposed. at (202) 418–0680, or TTY (202) 418– 13. In addition, because businesses are (B) The rebuttable presumption does 7233. not eligible for licensing in the amateur radio service, the Report and Order it not apply to used oils contaminated SUPPLEMENTARY INFORMATION: This is a with chlorofluorocarbons (CFCs) does not contain any proposed new or summary of the Commission’s Report modified ‘‘information collection removed from refrigeration units where and Order (R&O), adopted June 5, 2014, the CFCs are destined for reclamation. burden for small business concerns with and released June 9, 2014. The full text fewer than 25 employees,’’ pursuant to The rebuttable presumption does apply of this document is available for to used oils contaminated with CFCs the Small Business Paperwork Relief inspection and copying during normal Act of 2002, Public Law 107–198, see 44 that have been mixed with used oil from business hours in the FCC Reference sources other than refrigeration units. U.S.C. 3506(c)(4). Center, 445 12th Street SW., 7. Congressional Review Act. The * * * * * Washington, DC 20554. The complete Commission will send a copy of this [FR Doc. 2014–14607 Filed 6–19–14; 8:45 am] text may be purchased from the Report and Order to Congress and the BILLING CODE 1505–01–D Commission’s copy contractor, Best Government Accountability Office Copy and Printing, Inc., 445 12th Street pursuant to the Congressional Review SW., Room CY–B402, Washington, DC Act, see 5 U.S.C. 801(a)(1)(4). FEDERAL COMMUNICATIONS 20554. The full text may also be 8. The Commission’s Consumer and COMMISSION downloaded at: www.fcc.gov. Governmental Affairs Bureau, Reference Alternative formats are available to Information Center, SHALL SEND a 47 CFR Part 22 persons with disabilities by sending an copy of this Report and Order, Public Mobile Services email to [email protected] or by calling the including the Initial and Final Consumer & Governmental Affairs Regulatory Flexibility Certifications, to CFR Correction Bureau at 202–418–0530 (voice), 202– the Chief Counsel for Advocacy of the ■ 418–0432 (tty). Small Business Administration. In Title 47 of the Code of Federal 1. By this action, the Commission Regulations, Parts 20 to 39, revised as of amends the rules for the Amateur Radio List of Subject in 47 CFR Part 97 October 1, 2013, on page 60, in § 22.355, Service by modifying the qualifying Radio. in Table C–1, the heading of the third examination system to grant partial column is corrected to read ‘‘Mobile >3 Federal Communications Commission. examination credit for certain expired Marlene H. Dortch, watts (ppm)’’. amateur operator licenses. Secretary. [FR Doc. 2014–14612 Filed 6–19–14; 8:45 am] 2. Also, by this action, the BILLING CODE 1505–01–D Commission permits examinations to be Rule Changes administered remotely. For the reasons discussed in the FEDERAL COMMUNICATIONS 3. In addition, the Commission allows preamble, the Federal Communications COMMISSION amateur stations to transmit certain Commission amends 47 CFR part 97 as additional emission types and makes follows: 47 CFR Part 97 certain minor, non-substantive amendments to the amateur service PART 97—AMATEUR RADIO SERVICE [WT Docket No. 12–283; FCC 14–74] rules to reflect that the Commission ■ 1. The authority citation for part 97 Amateur Service Rules previously eliminated the requirement that certain amateur radio service continues to read as follows: AGENCY: Federal Communications licensees pass a Morse code Authority: 48 Stat. 1066, 1082, as Commission. examination. amended; 47 U.S.C. 154, 303. Interpret or

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35291

apply 48 Stat. 1064–1068, 1081–1105, as § 97.21 Application for a modified or ■ 6. Section 97.307 is amended by amended; 47 U.S.C. 151–155, 301–609, renewed license grant. revising paragraphs (f)(8) and (f)(10) to unless otherwise noted. * * * * * read as follows: ■ 2. Section 97.3 is amended by revising (c) Except as provided in paragraph § 97.307 Emission standards. paragraph (c)(5) to read as follows: (a)(3) of this section, a call sign obtained * * * * * § 97.3 Definitions. under the sequential or vanity call sign system will be reassigned to the station (f) * * * * * * * * upon renewal or modification of a (c) * * * (8) A RTTY or data emission having (5) Phone. Speech and other sound station license. designators with A, B, C, D, E, F, G, H, emissions having designators with A, C, ■ 5. Section 97.113 is amended by J or R as the first symbol; 1, 2, 7, 9 or D, F, G, H, J or R as the first symbol; 1, revising paragraph (a)(3)(i) to read as X as the second symbol; and D or W as 2, 3 or X as the second symbol; E as the follows: the third symbol is also authorized. third symbol. Also speech emissions * * * * * having B or F as the first symbol; 7, 8 § 97.113 Prohibited transmissions. (10) A station having a control or 9 as the second symbol; E as the third (a) * * * symbol. MCW for the purpose of operator holding a Novice Class performing the station identification (3) * * * operator license or a Technician Class procedure, or for providing telegraphy (i) A station licensee or station control operator license may only transmit a practice interspersed with speech. operator may participate on behalf of an CW emission using the international Incidental tones for the purpose of employer in an emergency preparedness Morse code or phone emissions J3E and selective calling or alerting or to control or disaster readiness test or drill, limited R3E. the level of a demodulated signal may to the duration and scope of such test * * * * * also be considered phone. or drill, and operational testing ■ * * * * * immediately prior to such test or drill. 7. Section 97.505 is revised to read as follows: ■ 3. Section 97.7 is amended by revising Tests or drills that are not government- sponsored are limited to a total time of the section heading to read as follows: § 97.505 Element credit. one hour per week; except that no more § 97.7 Control operator required. than twice in any calendar year, they (a) The administering VEs must give * * * * * may be conducted for a period not to credit as specified below to an examinee ■ 4. Section 97.21 is amended by exceed 72 hours. holding any of the following license revising paragraph (c) to read as follows: * * * * * grants:

Unexpired (or within the renewal Expired and beyond the renewal Operator class grace period) grace period

(1) Amateur Extra ...... Not applicable ...... Elements 3 and 4. (2) Advanced; General; or Technician granted before Elements 2 and 3 ...... Element 3. March 21, 1987. (3) Technician Plus; or Technician granted on or after Element 2 ...... No credit. March 21, 1987.

(b) The administering VEs must give ■ 9. Section 97.509 is amended by VEs must immediately grade the credit to an examinee holding a CSCE revising paragraphs (c), (f) and (h) and examinee’s answers. For examinations for each element the CSCE indicates the removing and reserving paragraph (g), to administered remotely, the examinee passed within the previous read as follows: administering VEs must grade the 365 days. § 97.509 Administering VE requirements. examinee’s answers at the earliest ■ 8. Section 97.507 is amended by practical opportunity. The revising paragraphs (a) and (c) and * * * * * administering VEs are responsible for (c) Each administering VE must removing paragraph (d) to read as determining the correctness of the observe the examinee throughout the follows: examinee’s answers. entire examination. The administering § 97.507 Preparing an examination. VEs are responsible for the proper * * * * * (a) Each written question set conduct and necessary supervision of ■ 10. Section 97.513 is amended by administered to an examinee must be each examination. The administering revising paragraph (b) to read as follows: prepared by a VE holding an Amateur VEs must immediately terminate the Extra Class operator license. A written examination upon failure of the § 97.513 VE session manager question set may also be prepared for examinee to comply with their requirements. the following elements by a VE holding instructions. * * * * * an operator license of the class * * * * * (b) The VE session manager may carry indicated: (f) No examination that has been on liaison functions between the VE * * * * * compromised shall be administered to team and the coordinating VEC. (c) Each written question set any examinee. The same question set administered to an examinee for an may not be re-administered to the same * * * * * amateur operator license must be examinee. ■ 11. Section 97.519 is amended by prepared, or obtained from a supplier, (g) [Reserved] revising paragraph (b)(2) to read as by the administering VEs according to (h) Upon completion of each follows: instructions from the coordinating VEC. examination element, the administering

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES 35292 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

§ 97.519 Coordinating examination Conservation and Management Act 23, 2014, and were held in cold storage sessions. (Magnuson-Stevens Act) by regulations by a dealer or processor. * * * * * at 50 CFR part 622. Classification (b) * * * Given new stock assessment results (2) Resolve all discrepancies and that indicated the blueline tilefish stock The Regional Administrator, verify that the VEs’ certifications are is overfished and undergoing Southeast Region, NMFS, has properly completed; and overfishing in the South Atlantic, NMFS determined this temporary rule is * * * * * published an emergency rule (79 FR necessary for the conservation and [FR Doc. 2014–14414 Filed 6–19–14; 8:45 am] 21636, April 17, 2014) to remove management of blueline tilefish and the blueline tilefish from the deep-water BILLING CODE 6712–01–P South Atlantic snapper-grouper fishery complex and establish separate and is consistent with the Magnuson- commercial and recreational ACLs and Stevens Act, the FMP, and other DEPARTMENT OF COMMERCE AMs for blueline tilefish in the EEZ of the South Atlantic. That emergency rule applicable laws. National Oceanic and Atmospheric implemented a commercial ACL for This action is taken under 50 CFR Administration blueline tilefish in the South Atlantic of 622.193(aa)(1) and is exempt from 112,207 lb (50,896 kg), round weight review under Executive Order 12866. 50 CFR Part 622 and established in-season AMs for These measures are exempt from the blueline tilefish to prevent the catch [Docket No. 131231999–4319–01] procedures of the Regulatory Flexibility limit from being exceeded. The Act because the temporary rule is issued RIN 0648–XD331 emergency rule (79 FR 21636, April 17, without opportunity for prior notice and 2014) is effective April 17, 2014, comment. Fisheries of the Caribbean, Gulf of through October 14, 2014, unless Mexico, and South Atlantic; 2014 superseded by subsequent rulemaking. This action responds to the best Commercial Accountability Measure NMFS may extend the rule’s available scientific information recently and Closure for Blueline Tilefish in the effectiveness for an additional 186 days obtained from the fishery. The Assistant South Atlantic Region pursuant to the Magnuson-Stevens Act. Administrator for Fisheries, NOAA, (AA), finds that the need to immediately AGENCY: National Marine Fisheries Under 50 CFR 622.193(aa)(1), NMFS Service (NMFS), National Oceanic and is required to close the commercial implement this action to close the Atmospheric Administration (NOAA), sector for blueline tilefish when the commercial sector for blueline tilefish Commerce. commercial ACL is reached, or is constitutes good cause to waive the projected to be reached, by filing a requirements to provide prior notice ACTION: Temporary Rule; Closure. notification to that effect with the Office and opportunity for public comment SUMMARY: NMFS implements of the Federal Register. NMFS has pursuant to the authority set forth in 5 accountability measures (AMs) for determined that the commercial ACL for U.S.C. 553(b)(B), as such procedures commercial blueline tilefish in the South Atlantic blueline tilefish will would be unnecessary and contrary to exclusive economic zone (EEZ) of the have been reached by June 23, 2014. the public interest. Such procedures South Atlantic. Commercial landings for Accordingly, the commercial sector for would be unnecessary because the rule blueline tilefish, as estimated by the South Atlantic blueline tilefish is closed itself has been subject to notice and Science and Research Director, are effective 12:01 a.m., local time, June 23, comment, and all that remains is to projected to reach the commercial 2014, until 12:01 a.m., local time, notify the public of the closure. annual catch limit (ACL) on June 23, January 1, 2015. Allowing prior notice and 2014. Therefore, NMFS is closing the The operator of a vessel with a valid opportunity for public comment is commercial sector for blueline tilefish commercial vessel permit for South contrary to the public interest because in the South Atlantic EEZ on June 23, Atlantic snapper-grouper having 2014, and it will remain closed until the blueline tilefish onboard must have of the need to immediately implement start of the next fishing season, January landed and bartered, traded, or sold this action to protect blueline tilefish 1, 2015. This closure is necessary to such blueline tilefish prior to 12:01 since the capacity of the fishing fleet protect the blueline tilefish resource. a.m., local time, June 23, 2014. During allows for rapid harvest of the commercial ACL. Prior notice and DATES: This rule is effective 12:01 a.m., the closure, all sale or purchase of local time, June 23, 2014, until 12:01 blueline tilefish is prohibited and opportunity for public comment would a.m., local time, January 1, 2015. harvest or possession of blueline tilefish require time and would potentially in or from the South Atlantic EEZ is result in a harvest well in excess of the FOR FURTHER INFORMATION CONTACT: limited to the bag and possession limits established commercial ACL. Catherine Hayslip, telephone: 727–824– specified in 50 CFR 622.187(b)(2) and For the aforementioned reasons, the 5305, email: Catherine.Hayslip@ 622.187(c)(1), respectively. These bag AA also finds good cause to waive the noaa.gov. and possession limits apply in the 30-day delay in the effectiveness of this SUPPLEMENTARY INFORMATION: The South Atlantic on board a vessel for snapper-grouper fishery of the South which a valid Federal commercial or action under 5 U.S.C. 553(d)(3). Atlantic includes blueline tilefish and is charter vessel/headboat permit for Authority: 16 U.S.C. 1801 et seq. managed under the Fishery South Atlantic snapper-grouper has Dated: June 17, 2014. Management Plan for the Snapper- been issued, without regard to where Emily H. Menashes, Grouper Fishery of the South Atlantic such species were harvested, i.e., in Region (FMP). The FMP was prepared state or Federal waters. The prohibition Acting Director, Office of Sustainable by the South Atlantic Fishery on sale or purchase does not apply to Fisheries, National Marine Fisheries Service. Management Council and is the sale or purchase of blueline tilefish [FR Doc. 2014–14461 Filed 6–17–14; 4:15 pm] implemented under the authority of the that were harvested, landed ashore, and BILLING CODE 3510–22–P Magnuson-Stevens Fishery sold prior to 12:01 a.m., local time, June

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00014 Fmt 4700 Sfmt 9990 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35293

DEPARTMENT OF COMMERCE (FMP) is U.S. waters of the western described below reflect the best Atlantic Ocean. Regulations available scientific information on National Oceanic and Atmospheric implementing the FMP appear at 50 bluefish. The final 2014 bluefish ABC, Administration CFR part 648, subparts A and J. The ACL, and ACT are specified at 24.432 regulations requiring annual million lb (11,082 mt). 50 CFR Part 648 specifications are found at § 648.162. The ACT is initially allocated [Docket No. 140214138–4482–02] The FMP requires the Council to between the recreational fishery (83 recommend to NMFS, on an annual percent = 20.278 million lb (9,198 mt)) RIN 0648–XD139 basis, an annual catch limit (ACL), and the commercial fishery (17 percent annual catch target (ACT), and total = 4.153 million lb (1,884 mt)). After Fisheries of the Northeastern United allowable landings (TAL) that will deducting an estimate of recreational States; Atlantic Bluefish Fishery; 2014 control fishing mortality (F). The discards (commercial discards are Atlantic Bluefish Specifications Council may also recommend a research considered negligible), the recreational AGENCY: National Marine Fisheries set-aside (RSA) quota, which is TAL is 16.927 million lb (7,678 mt) and Service (NMFS), National Oceanic and deducted from the bluefish TALs (after the commercial TAL is 4.153 million lb Atmospheric Administration (NOAA), any applicable transfer) in an amount (1,884 mt). Commerce. proportional to the percentage of the However, the FMP specifies that, if 17 ACTION: Final rule. overall TAL as allocated to the percent of the ACT is less than 10.5 commercial and recreational sectors. million lb, and the recreational fishery SUMMARY: NMFS issues final Pursuant to § 648.162, the annual is not projected to land its harvest limit specifications for the 2014 Atlantic review process for bluefish requires that for the upcoming year, the commercial bluefish fishery, including annual catch the Council’s Bluefish Monitoring fishery may be allocated up to 10.5 limits, total allowable landings, Committee and Scientific and Statistical million lb as its quota, provided that the commercial quotas and recreational Committee (SSC) review and make combination of the projected harvest limits, and a recreational recommendations based on the best recreational landings and the possession limit. This action establishes available data. Based on the commercial quota does not exceed the the allowable 2014 harvest levels and recommendations of the Monitoring ACT. The recreational harvest limit other management measures to achieve Committee and SSC, the Council makes (RHL) would then be adjusted the target fishing mortality rate, a recommendation to the NMFS Greater downward so that the ACT would be consistent with the Atlantic Bluefish Atlantic Regional Administrator. unchanged. The Council projected an Fishery Management Plan and the Because this FMP is a joint plan, the estimated recreational harvest for 2014 recommendations of the Mid-Atlantic Commission also meets during the of 13.179 million lb (5,978 mt). As such, Fishery Management Council. annual specification process to adopt the Council’s proposed transfer of 3.340 DATES: The final specifications for the complementary measures. million lb (1,515 mt) from the 2014 Atlantic bluefish fishery are The Council’s recommendations must recreational sector to the commercial effective July 21, 2014, through include supporting documentation sector can be approved. This transfer December 31, 2014. concerning the environmental, results in an adjusted commercial quota economic, and social impacts of the ADDRESSES: Copies of the specifications of 7.494 million lb (3,399 mt), and an document, including the supplemental recommendations. NMFS is responsible adjusted RHL of 13.587 million lb (6,163 Environmental Assessment and Initial for reviewing these recommendations to mt). Regulatory Flexibility Analysis (EA/ ensure that they achieve the FMP objectives, and may modify them if they Final 2014 RSA, Commercial Quota, IRFA) and other supporting documents and RHL for the specifications, are available from do not. NMFS then publishes proposed Dr. Christopher M. Moore, Executive specifications based on the Two projects that will utilize bluefish Director, Mid-Atlantic Fishery recommendations in the Federal RSA were approved by NOAA’s Grants Management Council, Suite 201, 800 N. Register, and after considering public Management Division. A total RSA State Street, Dover, DE 19901. The comment, NMFS publishes final quota of 99,000 lb (45 mt) was approved specifications document is also specifications in the Federal Register. A for use by these projects during 2014. accessible via the Internet at: http:// proposed rule for this action published Proportional adjustments of this amount www.nero.noaa.gov. in the Federal Register on April 11, to the commercial and recreational 2014 (79 FR 20161), and comments were allocations result in a final commercial FOR FURTHER INFORMATION CONTACT: accepted through April 28, 2014. quota of 7.458 million lb (3,383 mt) and Carly Bari, Fishery Management a final RHL of 13.523 million lb (6,134 Final 2014 Specifications Specialist, (978) 281–9224. mt). SUPPLEMENTARY INFORMATION: A description of the process used to estimate bluefish stock status and Final Recreational Possession Limit Background fishing mortality, as well as the process The current recreational possession The Atlantic bluefish fishery is for deriving the ACL and associated limit of up to 15 fish per person is managed cooperatively by the Mid- quotas and harvest limits, is provided in maintained to achieve the RHL for 2014. Atlantic Fishery Management Council the proposed rule and in the bluefish Final State Commercial Allocations and the Atlantic States Marine Fisheries regulations at §§ 648.160 through Commission. The management unit for 648.162 and is not repeated here. The The final state commercial quotas for bluefish specified in the Atlantic stock is not overfished or experiencing 2014 are shown in Table 1, based on the Bluefish Fishery Management Plan overfishing, and the catch limits percentages specified in the FMP.

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES 35294 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

TABLE 1—FINAL BLUEFISH COMMERCIAL STATE-BY-STATE ALLOCATIONS FOR 2014 (INCLUDING RSA DEDUCTIONS).

2014 Commer- 2014 Commer- State Percent share cial quota cial quota (lb) (kg)

ME ...... 0.6685 49,861 22,616 NH ...... 0.4145 30,916 14,023 MA ...... 6.7167 500,970 227,236 RI ...... 6.8081 507,786 230,328 CT ...... 1.2663 94,448 42,841 NY ...... 10.3851 774,579 351,343 NJ ...... 14.8162 1,105,075 501,254 DE ...... 1.8782 140,087 63,542 MD ...... 3.0018 223,891 101,555 VA ...... 11.8795 886,040 401,901 NC ...... 32.0608 2,391,274 1,084,664 SC ...... 0.0352 2,625 1,191 GA ...... 0.0095 709 321 FL ...... 10.0597 750,309 340,334

Total ...... 100.0001 7,458,570 3,383,149

Comments and Responses Final Regulatory Flexibility Analysis An active participant in the commercial sector was defined as any The public comment period for the Statement of Objective and Need proposed rule ended on April 28, 2014. vessel that reported having landed 1 or One comment was received from an A description of the reasons why this more lb (0.45 kg) in the Atlantic bluefish individual on the proposed rule. action is being taken, and the objectives fishery in 2011. The Northeast seafood Comment 1: One commenter generally of and legal basis for this final rule are dealer reports were used to identify 742 criticized NMFS and the data used to set contained in the preambles to the vessels that landed bluefish in states catch limits, but had no clear evidence proposed rule and this final rule and are from Maine through North Carolina in to support their claims. not repeated here. 2011. However, the Northeast dealer Response: Atlantic bluefish are not database does not provide information Summary of Significant Issues Raised in about fishery participation in South overfished, nor are they subject to Public Comments overfishing; therefore, there is no Carolina, Georgia, or Florida. South scientific basis for making changes to No changes to the proposed rule were Atlantic Trip Ticket reports were used the quotas based on this comment. required to be made as a result of public to identify 768 vessels that landed NMFS used the best scientific comment. The comment NMFS received bluefish in North Carolina, and 791 information available and is approving did not raise specific issues regarding vessels that landed bluefish on Florida’s specifications for the bluefish fishery the economic analyses summarized in east coast in 2011. Some of these vessels that are consistent with the FMP and the IRFA or the economic impacts of the were also identified in the Northeast recommendations of the Council. rule more generally. For a summary of dealer data; therefore, double counting the comment, and the response, refer to is possible. Bluefish landings in South Classification the ‘‘Comments and Responses’’ section Carolina and Georgia were near zero in Pursuant to section 304(b)(1)(A) of the of this preamble. 2011, representing a negligible proportion of the total bluefish landings Magnuson-Stevens Fishery Description and Estimate of Number of Conservation and Management Act along the Atlantic Coast. Therefore, this Small Entities to Which the Rule Will analysis assumed that no vessel activity (Magnuson-Stevens Act), the NMFS Apply Assistant Administrator has determined for these two states took place in 2011. that this final rule is consistent with the The Small Business Administration In recent years, approximately 2,000 Atlantic Bluefish FMP, other provisions defines a small business in the party/charter vessels may have been of the Magnuson-Stevens Act, and other commercial harvesting sector as a firm active in the bluefish fishery and/or applicable law. with receipts (gross revenues) of up to have caught bluefish. This final rule is exempt from review $5.0 and $19.0 million for shellfish and Description of Projected Reporting, under Executive Order 12866. for finfish business, respectively. A Recordkeeping, and Other Compliance This final rule does not duplicate, small business in the recreational Requirements conflict, or overlap with any existing fishery is a firm with receipts of up to Federal rules. $7.0 million. The categories of small No additional reporting, The FRFA included in this final rule entities likely to be affected by this recordkeeping, or other compliance was prepared pursuant to 5 U.S.C. action include commercial and charter/ requirements are included in this final 604(a), and incorporates the IRFA and a party vessel owners holding an active rule. summary of analyses completed to Federal permit for Atlantic bluefish, as Description of the Steps Taken to support the action. A public copy of the well as owners of vessels that fish for Minimize Economic Impact on Small EA/RIR/IRFA is available from the Atlantic bluefish in state waters. All Entities Council (see ADDRESSES). federally permitted vessels fall into the The preamble to the proposed rule definition of small businesses; thus, Specification of commercial quota, included a detailed summary of the there would be no disproportionate recreational harvest levels, and analyses contained in the IRFA, and that impacts between large and small entities possession limits is constrained by the discussion is not repeated here. as a result of the final rule. conservation objectives set forth in the

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35295

FMP and implemented at 50 CFR part bluefish will remain at 15 fish per assist small entities in complying with 648 under the authority of the person, so there should be no impact on the rule, and shall designate such Magnuson-Stevens Act. The 2014 demand for party/charter vessel fishing publications as ‘‘small entity commercial quota contained in this final and, therefore, no impact on revenues compliance guides.’’ The agency shall rule is 18 percent lower than the 2013 earned by party/charter vessels. No explain the actions a small entity is quota, but significantly higher than negative economic impacts on the required to take to comply with a rule actual 2013 bluefish landings. All recreational fishery are anticipated. or group of rules. As part of this affected states will receive decreases in The impacts on revenues associated rulemaking process, a small entity their individual commercial quota with the proposed RSA quota were compliance guide will be sent to all allocation in comparison to their analyzed and are expected to be holders of Federal permits issued for the respective 2013 individual state minimal. Assuming that the full RSA Atlantic bluefish fishery. allocations. However, the magnitude of quota 99,000 lb (45 mt) for 2014 is In addition, copies of this final rule the decrease varies depending on the landed and sold to support the proposed and guide (i.e., permit holder letter) are state’s relative percent share in the total research projects, then all of the available from NMFS (see ADDRESSES) commercial quota, as specified in the participants in the fishery would benefit and at the following Web site: FMP. from the improved fisheries data www.nero.noaa.gov. The 2014 RHL contained in this final yielded from each project. Authority: 16 U.S.C. 1801 et seq. rule is approximately 4 percent lower than the RHL in 2013. The 2014 RHL is Small Entity Compliance Guide Dated: June 16, 2014. greater than the total estimated Section 212 of the Small Business Samuel D. Rauch III, recreational bluefish harvest for 2014, Regulatory Enforcement Fairness Act of Deputy Assistant Administrator for and therefore it does not constrain 1996 states that, for each rule or group Regulatory Programs, National Marine recreational bluefish harvest below a of related rules for which an agency is Fisheries Service. level that the fishery is anticipated to required to prepare a FRFA, the agency [FR Doc. 2014–14419 Filed 6–19–14; 8:45 am] achieve. The possession limit for shall publish one or more guides to BILLING CODE 3510–22–P

VerDate Mar<15>2010 14:32 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00017 Fmt 4700 Sfmt 9990 E:\FR\FM\20JNR1.SGM 20JNR1 ehiers on DSK2VPTVN1PROD with RULES 35296

Proposed Rules Federal Register Vol. 79, No. 119

Friday, June 20, 2014

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: The Order continued without change, amended, or contains notices to the public of the proposed (7 CFR part 1206) is authorized under rescinded (consistent with the issuance of rules and regulations. The the Commodity Promotion, Research, objectives of the Act) to minimize the purpose of these notices is to give interested and Information Act of 1996 (Act) (7 impacts on small entities. AMS will persons an opportunity to participate in the U.S.C. 7411–7425). consider the following factors: (1) The rule making prior to the adoption of the final rules. The Order became effective on continued need for the Order; (2) the November 3, 2004. It is administered by nature of complaints or comments the National Mango Board (Board) with received from the public concerning the DEPARTMENT OF AGRICULTURE oversight by the U.S. Department of Order; (3) the complexity of the Order; Agriculture (USDA). The program is (4) the extent to which the Order Agriculture Marketing Service financed by an assessment of three overlaps, duplicates, or conflicts with quarters of a cent per pound on first other Federal rules, and, to the extent 7 CFR Part 1206 handlers and importers of 500,000 feasible, with State and local pounds or more of mangos annually. regulations; and (5) the length of time [Document Number AMS–FV–14–0047] The Order specifies that first handlers since the Order has been evaluated or are responsible for submitting the degree to which technology, Mango Promotion, Research, and assessments to the Board on a monthly economic conditions, or other factors Information Order; Section 610 Review basis and maintaining records necessary have changed in the area affected by the to verify their reporting. Importers are Order. AGENCY: Agricultural Marketing Service, responsible for paying assessments on Written comments, views, opinions, Department of Agriculture. mangos imported for consumption in and other information regarding the ACTION: Notice of regulatory review and the United States through the U.S. Order’s impact on small businesses are request for comments. Customs and Border Protection. The invited. SUMMARY: This document announces the purpose of the Order is to carry out an Dated: June 16, 2014. Agricultural Marketing Service’s (AMS) effective, continuous, and coordinated Rex A. Barnes, program of promotion, research, and plans to review the Mango Promotion, Associate Administrator. Research, and Information Order information designed to strengthen mangos’ competitive position, and to [FR Doc. 2014–14398 Filed 6–19–14; 8:45 am] (Order). The review will be conducted BILLING CODE 3410–02–P under criteria contained in Section 610 maintain and expand the domestic of the Regulatory Flexibility Act (RFA). market for mangos. The Board is composed of 18 DATES: Comments must be received by members as follows: 8 Importers; 2 DEPARTMENT OF THE INTERIOR August 19, 2014. domestic producers; 1 first handler; and ADDRESSES: Interested persons are 7 foreign producers. Nominations for Office of the Secretary invited to submit written comments importer, domestic producer, and first concerning this notice. Comments may handler members are solicited by 43 CFR Part 50 be submitted on the Internet at: http:// importers, domestic producers, and first [145D0102DM DS61400000 www.regulations.gov or to the handlers, respectively. Nominations for DLSN00000.000000 DX.61401] Promotion and Economics Division, foreign producer members are solicited Fruit and Vegetable Program, AMS, from foreign producers and foreign RIN 1090–AB05 USDA, 1400 Independence Avenue producer associations. Members are SW., Room 1406–S, Stop 0244, Procedures for Reestablishing a appointed to the Board by the Secretary Government-to-Government Washington, DC 20250–0244; facsimile: of Agriculture and serve a term of three (202) 205–2800. All comments should Relationship With the Native Hawaiian years. Community reference the document number and the The AMS published in the Federal date and page number of this issue of Register on March 24, 2006, (71 FR AGENCY: Office of the Secretary, the Federal Register and will be made 14827) its plan to review certain Department of the Interior. available for public inspection, regulations, including the mango ACTION: Advance notice of proposed including name and address, if program, under criteria contained in rulemaking; solicitation of comments. provided, in the above office during section 610 of the RFA (5 U.S.C. 601– regular business hours or it can be 612). Because many AMS regulations SUMMARY: The Secretary of the Interior viewed at http://www.regulations.gov. impact small entities, AMS decided, as (Secretary) is considering whether to FOR FURTHER INFORMATION CONTACT: a matter of policy, to review certain propose an administrative rule that Jeanette Palmer, Marketing Specialist, regulations which, although they may would facilitate the reestablishment of a Promotion and Economics Division, not meet the threshold requirement government-to-government relationship Fruit and Vegetable Program, AMS, under section 610 of the RFA, warrant with the Native Hawaiian community, USDA, 1400 Independence Avenue review. According to the schedule to more effectively implement the SW., Room 1406–S, Stop 0244, published in 2006, this notice and special political and trust relationship Washington, DC 20250–0244; telephone: request for comments is made for the that Congress has established between (202) 720–9915; facsimile (202) 205– Order. that community and the United States. 2800; or electronic mail: The purpose of the review is to The purpose of this advance notice of [email protected]. determine whether the Order should be proposed rulemaking (ANPRM) is to

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35297

solicit public comments on whether and clarification, the Department of the • If so, what process should be how the Department of the Interior Interior may not be able to consider established for drafting and ratifying a should facilitate the reestablishment of your comment. Electronic files should reorganized Native Hawaiian a government-to-government avoid the use of special characters, government’s constitution or other relationship with the Native Hawaiian avoid any form of encryption, and be governing document? community. In this ANPRM, the free of any defects or viruses. • Should the Secretary instead rely Secretary also announces several public The Secretary is considering whether on the reorganization of a Native meetings in Hawaii and several to propose an administrative rule that Hawaiian government through a process consultations with federally recognized would facilitate the reestablishment of a established by the Native Hawaiian tribes in the continental United States to government-to-government relationship community and facilitated by the State consider these issues. with the Native Hawaiian community. of Hawaii, to the extent such a process We are interested in hearing from is consistent with Federal law? DATES: Comments must be submitted on • or before August 19, 2014. leaders and members of the Native If so, what conditions should the Secretary establish as prerequisites to ADDRESSES: You may submit comments Hawaiian community and of federally Federal acknowledgment of a on this ANPRM by any of the methods recognized tribes in the continental United States. We also welcome government-to-government relationship listed below. with the reorganized Native Hawaiian 1. Federal eRulemaking Portal: comments and information from the State of Hawaii and its agencies, other government? http://www.regulations.gov. Follow the In addition to receiving comments instructions on the Web site for government agencies, and other members of the public. through the Federal eRulemaking Portal, submitting comments. U.S. mail, courier services, and hand 2. U.S. mail, courier, or hand delivery: To be most useful, and most likely to delivery, we will conduct a series of inform decisions on the content of a Office of the Secretary, Department of public meetings on the islands of potential administrative rule, comments the Interior, Room 7329, 1849 C Street Hawaii, Kauai, La¯nai, Maui, Molokai, should: NW., Washington, DC 20240. and Oahu, and a series of in-person —Be specific; FOR FURTHER INFORMATION CONTACT: John consultations with federally recognized Strylowski, Office of the Secretary, —Be substantive; tribes in the continental United States. telephone (202) 208–3071 (not a toll-free —Explain the reasoning behind the We will announce locally the time and _ number), john strylowski @ios.doi.gov. comments; and place of each meeting and will give SUPPLEMENTARY INFORMATION: —Address the issues outlined in the public notice of each tribal consultation. ANPRM. Public Comment At these meetings and consultations, we For the purpose of this ANPRM, we will accept both oral and written Please direct all comments to are seeking input solely on questions communications. We strongly encourage Regulation Identifier Number 1090– related to a potential administrative rule Native Hawaiian organizations and AB05. The Department of the Interior to facilitate the reestablishment of a federally recognized tribes in the intends to include all comments government-to-government relationship continental United States to hold their received in the public docket without with the Native Hawaiian community. own meetings to develop comments on change, including any personal Because promulgating a rule would not the issues outlined in this ANPRM, and information provided, unless the (1) alter the fundamental nature of the to share the outcomes of those meetings comment includes information claimed political and trust relationship with us. to be Confidential Business Information established by Congress between the All of the citations listed in this (CBI) or other information whose United States and the Native Hawaiian ANPRM will be available on the disclosure is restricted by statute. Do community, (2) authorize compensation Department of the Interior’s Office of not submit information that you for past wrongs, or (3) have any direct Native Hawaiian Relations’ Web site at consider to be CBI or otherwise impact on the status of the Hawaiian http://www.doi.gov/ohr/. protected through http:// home lands, we are not seeking www.regulations.gov or email. The comments on those topics. Background http://www.regulations.gov Web site is Furthermore, at this time, we are not The United States has a unique an ‘‘anonymous access’’ system, which seeking comments on what the contents political and trust relationship with means the Department of the Interior of a reorganized Native Hawaiian federally recognized tribes across the will not know your identity or contact government’s constitution or other country, as set forth in the United States information unless you provide it in the governing document (if one were Constitution, treaties, statutes, body of your comment. If you send an adopted) might include, how that Native Executive Orders, administrative email comment directly to the Hawaiian government might be regulations, and judicial decisions. The Department of the Interior without going structured, or what powers that Native Federal government’s relationship with through http://www.regulations.gov, Hawaiian government might exercise. these tribes is guided by a trust your email address will be Rather, we are seeking comments responsibility—a long-standing, automatically captured and included as solely on five threshold questions: paramount commitment to protect their part of the comment that is placed in the • Should the Secretary propose an unique rights and ensure their well- public docket and made available on the administrative rule that would facilitate being, while respecting their tribal Internet. If you submit an electronic the reestablishment of a government-to- sovereignty. In recognition of that comment, the Department of the Interior government relationship with the Native special commitment—and in fulfillment recommends that you include your Hawaiian community? of the solemn obligations it entails—the name and other contact information in • Should the Secretary assist the United States, acting through the the body of your comment and with any Native Hawaiian community in Department of the Interior, has disk or CD–ROM you submit. If the reorganizing its government, with which developed processes to help tribes in Department of the Interior cannot read the United States could reestablish a the continental United States to your comment due to technical government-to-government reorganize their governments and to difficulties and cannot contact you for relationship? establish government-to-government

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS 35298 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

relationships with the United States. both the Native Hawaiian community benefit the inhabitants of Hawaii. Act of Strong tribal governments have proved and the federally recognized tribes in Apr. 30, 1900, ch. 339, 31 Stat. 141. critical to tribes’ capacity to exercise the continental United States will be By 1919, the decline in the Native their inherent sovereign powers and essential to the Department in Hawaiian population—by some sustain prosperous and resilient Native developing any policy regarding estimates from several hundred American communities. And, although potential reestablishment of a thousand in 1778 to only 22,600—led we must not ignore the history of government-to-government relationship the Secretary to recommend to Congress mistreatment and destructive policies with the Native Hawaiian community. that land be set aside to help Native that have done great harm to so many See Presidential Memorandum for the Hawaiians reestablish their traditional tribal communities, it is undeniable that Heads of Executive Departments and way of life. See H.R. Rep. No. 839, 66th the government-to-government Agencies on Tribal Consultation, 74 FR Cong., 2d Sess. 4 (1920); 20 U.S.C. relationships between tribes and the 57881 (Nov. 5, 2009). And as stated 7512(7). This recommendation resulted United States that have flourished above, we also welcome comments and in enactment of the Hawaiian Homes during the last half century, in the information from the State of Hawaii Commission Act (HHCA), which current era of tribal self-determination, and its agencies, other government designated approximately 200,000 acres have been enormously beneficial not agencies, and other members of the of land for homesteading by Native only to Native Americans but to all public. Hawaiians. Act of July 9, 1921, ch. 42, Americans. Yet the benefits of the 42 Stat. 108; see also Rice, 528 U.S. at government-to-government relationship The Relationship Between the United 507 (HHCA’s stated purpose was ‘‘to have long been denied to one place in States and the Native Hawaiian rehabilitate the native Hawaiian our Nation, even though it is home to Community population’’) (citing H.R. Rep. No. 839, one of the world’s largest indigenous At the time of the first documented at 1–2). communities: Hawaii. encounter between Native Hawaiians When Hawaii was admitted to the Over many decades, Congress has and Europeans in 1778, ‘‘the Native Union in 1959, Congress vested enacted more than 150 statutes Hawaiian people lived in a highly authority in the State to administer recognizing and implementing a special organized, self-sufficient subsistence HHCA lands subject to certain limitations. 73 Stat. 4 (1959). Congress political and trust relationship with the social system based on a communal also placed additional lands into a trust Native Hawaiian community. Among land tenure system with a sophisticated to be managed by the State for purposes other things, these statutes create language, culture, and religion.’’ 20 that included ‘‘the betterment of the programs and services for members of U.S.C. 7512(2); accord 42 U.S.C. conditions of native Hawaiians, as the Native Hawaiian community that are 11701(4). Although the indigenous defined in the [HHCA], as amended.’’ in many respects analogous to, but people shared a common language, Id. at 6. Congress further detailed the separate from, the programs and ancestry, and religion, the eight islands Secretary’s responsibilities with respect services that Congress has enacted for were governed by four independent federally recognized tribes in the to the HHCA lands and the HHCA itself chiefdoms until 1810, when the islands continental United States. But during in the Hawaiian Home Lands Recovery were unified under one Kingdom of this same period, the United States has Act, 109 Stat. 357 (1995). Hawaii. See Rice v. Cayetano, 528 U.S. not partnered with Native Hawaiians on Since Hawaii’s admission to the 495, 500–01 (2000). a government-to-government basis, at Union, Congress has enacted dozens of least partly because there has been no Throughout the nineteenth century statutes on behalf of Native Hawaiians formal, organized Native Hawaiian and until 1893, the United States pursuant to the United States’ government since 1893, when the ‘‘recognized the independence of the recognized political relationship and United States helped overthrow the Hawaiian Nation,’’ ‘‘extended full and trust responsibility. Congress has: Kingdom of Hawaii. complete diplomatic recognition to the • Established special Native In recent years, the Department has Hawaiian Government,’’ and entered Hawaiian programs in the areas of increasingly heard from Native into several treaties with the Hawaiian health care, education, loans, and Hawaiians who assert that their monarch. 42 U.S.C. 11701(6); accord 20 employment. See, e.g., Native Hawaiian community’s opportunities to thrive U.S.C. 7512(4); see Rice, 528 U.S. at 504 Health Care Improvement Act, 42 U.S.C. would be significantly bolstered by (citing treaties and conventions that the 11701–11714; Native Hawaiian reorganizing a sovereign Native two countries signed in 1826, 1849, Education Act, 20 U.S.C. 7511–7517; Hawaiian government that could engage 1875, and 1887). But during that same Workforce Investment Act of 1998, 29 the United States in a government-to- period, westerners became U.S.C. 2911; Native American Programs government relationship, exercise ‘‘increasing[ly] involve[d] . . . in the Act of 1974, 42 U.S.C. 2991–2992. inherent sovereign powers of self- economic and political affairs of the • Enacted statutes to preserve Native governance and self-determination, and Kingdom,’’ leading to the overthrow of Hawaiian culture, language, and enhance the implementation of the Kingdom in 1893 by a small group historical sites. See, e.g., 16 U.S.C. programs and services that Congress has of non-Hawaiians, aided by the United 396d(a); Native American Languages created specifically to benefit the Native States Minister to Hawaii and the Act, 25 U.S.C. 2901–2906; National Hawaiian community. Armed Forces of the United States. Rice, Historic Preservation Act of 1966, 16 We would now like to hear from 528 U.S. at 501, 504–05. After the U.S.C. 470a(d)(6). leaders and members of the Native overthrow, the Republic of Hawaii • Extended to the Native Hawaiian Hawaiian community and of federally ceded its land to the United States, and people many of ‘‘the same rights and recognized tribes in the continental Congress passed a joint resolution privileges accorded to American Indian, United States about whether, and how, annexing the islands in 1898. See id. at Alaska Native, Eskimo, and Aleut the Department should facilitate the 505. The Hawaiian Organic Act, enacted communities’’ by classifying Native reestablishment of a government-to- in 1900, established the Territory of Hawaiians as ‘‘Native Americans’’ under government relationship with the Native Hawaii, placed ceded lands under numerous Federal statutes. 42 U.S.C. Hawaiian community. Meaningful United States control, and directed that 11701(19); see, e.g., American Indian consultation and collaboration with proceeds from the lands be used to Religious Freedom Act, 42 U.S.C. 1996–

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35299

1996a. See generally 20 U.S.C. 7512(13) United States ‘‘may treat the native self-determination of Hawaii’s (noting that ‘‘[t]he political relationship Hawaiians as it does the [organized] indigenous people and facilitating the between the United States and the Indian tribes.’’ 528 U.S. at 518–19. Rice preservation of their language, customs, Native Hawaiian people has been involved a distinctive state law that heritage, health, and welfare. recognized and reaffirmed by the United limited the right to vote for the trustees The Federal government has long States, as evidenced by the inclusion of of the state Office of Hawaiian Affairs to consulted with Native Hawaiians under Native Hawaiians’’ in many statutes); ‘‘Hawaiians,’’ defined as ‘‘any several Federal statutes, including the accord 114 Stat. 2968–69 (2000); 114 descendant of the aboriginal peoples National Historic Preservation Act of Stat. 2874–75 (2000). inhabiting the Hawaiian Islands which 1966, 16 U.S.C. 470a(d)(6)(B), 470h– In a number of enactments, Congress exercised sovereignty and subsisted in 2(a)(2)(D); the Native American Graves has expressly identified Native the Hawaiian Islands in 1778, and Protection and Repatriation Act, 25 Hawaiians as ‘‘a distinct and unique which peoples thereafter have U.S.C. 3002(c)(2); and the Hawaiian indigenous people with a historical continued to reside in Hawaii.’’ Haw. Home Lands Recovery Act, 109 Stat. 360 continuity to the original inhabitants of Rev. Stat. 10–2 (1993). The Court (1995). And for decades, Native the Hawaiian archipelago,’’ 42 U.S.C. invalidated that state-law provision on Hawaiians have sought to formally 11701(1); accord 20 U.S.C. 7512(1), with the ground that, rather than reorganize a government through a whom the United States has a ‘‘special’’ implementing a political classification community- or State-facilitated process. ‘‘trust’’ relationship, 42 U.S.C. designed to promote the self-governance In recent years, there have been calls 11701(15), (16), (18), (20); 20 U.S.C. of a quasi-sovereign tribal entity, it used from the Native Hawaiian community 7512(8), (10), (11), (12). a racial classification in violation of the for the Federal government to ‘‘assist In 1993, Congress enacted a joint Fifteenth Amendment, which prohibits with the creation of a Native Hawaiian resolution to acknowledge the 100th States from denying or abridging United [governing] entity’’ to address the legal anniversary of the overthrow of the States citizens’ right to vote on account status of the community and to Kingdom of Hawaii and to offer an of race or color. See Rice, 528 U.S. at reestablish a government-to-government apology to Native Hawaiians. 107 Stat. 514, 518–22. relationship, in part to more effectively 1510 (1993). In that Joint Resolution, In recent statutes, Congress has again implement the special political and Congress acknowledged that the recognized that ‘‘Native Hawaiians have trust relationship between the United overthrow of the Kingdom of Hawaii a cultural, historic, and land-based link States and the Native Hawaiian thwarted Native Hawaiian efforts to to the indigenous people who exercised community. Department of the Interior exercise their rights to ‘‘self- sovereignty over the Hawaiian Islands, & Department of Justice, From Mauka to determination’’ and ‘‘inherent and that group has never relinquished Makai 17 (2000). sovereignty,’’ and stated that ‘‘the its claims to sovereignty or its sovereign In 2001, a group of Native Hawaiian Native Hawaiian people are determined lands.’’ 114 Stat. 2968 (2000); see also individuals and organizations brought to preserve, develop, and transmit to id. at 2966; 114 Stat. 2872, 2874 (2000); suit challenging Native Hawaiians’ future generations their ancestral 118 Stat. 445 (2004). Congress has exclusion from the Department’s territory, and their cultural identity in consistently enacted programs and acknowledgment regulations (25 CFR accordance with their own spiritual and services expressly and specifically for part 83), which establish a uniform traditional beliefs, customs, practices, the Native Hawaiian community that process for Federal acknowledgment of language, and social institutions.’’ Id. at are, in many respects, analogous to, but Indian tribes. The Ninth Circuit upheld 1512–13; see also 20 U.S.C. 7512(20). In separate from, the programs and the geographic limitation in the part 83 light of those findings, Congress services that Congress has enacted for regulations, concluding that there was a ‘‘express[ed] its commitment to federally recognized tribes in the rational basis for the Department to acknowledge the ramifications of the continental United States. As Congress distinguish between Native Hawaiians overthrow of the Kingdom of Hawaii, in has explained, it ‘‘does not extend and tribes in the continental United order to provide a proper foundation for services to Native Hawaiians because of States, given the history of separate reconciliation between the United States their race, but because of their unique congressional enactments regarding the and the Native Hawaiian people.’’ 107 status as the indigenous peoples of a two groups and the unique history of Stat. 1513 (1993). once sovereign nation as to whom the Hawaii. The Ninth Circuit also noted Following a series of hearings and United States has established a trust the question whether Native Hawaiians meetings with the Native Hawaiian relationship.’’ 114 Stat. 2968 (2000). ‘‘constitute one large tribe . . . or community in 1999, the U.S. Although Congress has repeatedly whether there are, in fact, several Departments of the Interior and Justice acknowledged its special political and different tribal groups.’’ Kahawaiolaa v. issued ‘‘From Mauka to Makai: The trust relationship with the Native Norton, 386 F.3d 1271, 1283 (9th Cir. River of Justice Must Flow Freely,’’ a Hawaiian community since the 2004). The court expressed a preference report on the reconciliation process overthrow of the Kingdom of Hawaii for the Department to apply its expertise between the Federal government and more than a century ago, the Federal to ‘‘determine whether native Native Hawaiians. The report government has not maintained a Hawaiians, or some native Hawaiian recommended as its top priority that government-to-government relationship groups, could be acknowledged on a ‘‘the Native Hawaiian people should with the Native Hawaiian community as government-to-government basis.’’ Id. have self-determination over their own an organized, sovereign entity. Also in 2004, Congress authorized the affairs within the framework of Federal Reestablishing a government-to- Department’s Office of Native Hawaiian law.’’ Department of the Interior and government relationship with a Relations to discharge the Secretary’s Department of Justice, From Mauka to reorganized sovereign Native Hawaiian responsibilities for matters related to the Makai 4 (2000). government that has been acknowledged Native Hawaiian community. See 118 In 2000, in Rice v. Cayetano, while by the United States could enhance Stat. 445–46 (2004). addressing aspects of the legal status of Federal agencies’ ability to implement Legislation has been proposed in Native Hawaiians under one provision the established relationship between the Congress to reorganize a single Native of Hawaii state law, the Supreme Court United States and the Native Hawaiian Hawaiian governing entity to which the assumed, without deciding, that the community, while strengthening the United States could relate on a

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS 35300 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

government-to-government basis. In Hawaiian community. See, e.g., S. Rep. through a process established by the 2010, during the Second Session of the No. 112–251, at 45 (2012); S. Rep. No. Native Hawaiian community and 111th Congress, nearly identical Native 111–162, at 41 (2010). facilitated by the State of Hawaii. This Hawaiian government reorganization The State of Hawaii, in Act 195, process would have to be consistent bills were passed by the House of Session Laws of Hawaii 2011, expressed with Federal law. Representatives by a bipartisan vote of its support for reorganizing and Who should be eligible to participate in 245 to 164 (H.R. 2314), reported federally recognizing a Native Hawaiian reorganizing a native hawaiian favorably by the Senate Committee on government, while also providing for government? Indian Affairs (S. 1011), and strongly state recognition of the Native Hawaiian supported by the Administration (S. people as ‘‘the only indigenous, If the Department were to proceed 3945). In a letter to the Senate aboriginal, maoli people of Hawaii.’’ with an administrative rule to assist the concerning S. 3945, the Secretary and Haw. Rev. Stat. 10H–1 (2013); see Act Native Hawaiian community in the Attorney General stated: ‘‘Of the 195, sec. 1, Sess. L. Haw. 2011. In reorganizing a Native Hawaiian Nation’s three major indigenous groups, particular, Act 195 established a process government, the rule would not Native Hawaiians—unlike American for compiling a roll of qualified Native determine who ultimately would be a Indians and Alaska Natives—are the Hawaiians in order to facilitate the citizen or member of that government. only one that currently lacks a development of a reorganized Native For that reason, this ANPRM does not government-to-government relationship Hawaiian governing entity by the Native concern the question of how a Native with the United States. This bill Hawaiian community. See Haw. Rev. Hawaiian constitution or other provides Native Hawaiians a means by Stat. 10H–3–4 (2013); id. 10H–5 (‘‘The governing document should define a set which to exercise the inherent rights to publication of the roll of qualified of membership criteria. Presumably, a local self-government, self- Native Hawaiians . . . is intended to Native Hawaiian government would determination, and economic self- facilitate the process under which exercise its sovereign prerogative and, sufficiency that other Native Americans qualified Native Hawaiians may operating under its own constitution or enjoy.’’ 156 Cong. Rec. S10990, S10992 independently commence the other governing document, could define (Dec. 22, 2010). organization of a convention of qualified its membership criteria without regard The 2010 House and Senate bills Native Hawaiians, established for the to whether any person participated, or provided that the Native Hawaiian purpose of organizing themselves.’’); had been eligible to participate, in the government ‘‘shall be vested with the Act 195, secs. 3–5, Sess. L. Haw. 2011. government’s initial reorganization inherent powers and privileges of self- In addition, Native Hawaiian (unless Federal legislation provided government of a native government community representatives have asked otherwise). See Santa Clara Pueblo v. under existing law,’’ including the the Department to provide an Martinez, 436 U.S. 49, 55–56 (1978) inherent powers ‘‘to determine its own administrative avenue to facilitate (holding that tribes are ‘‘distinct, membership criteria [and] its own reestablishing a government-to- independent political communities, membership’’ and to negotiate and government relationship between that retaining their original natural rights in implement agreements with the United community and the United States. Most matters of local self-government,’’ with States or with the State of Hawaii. The recently, in comments on the the power to regulate ‘‘their internal and bills would have required protection of Department’s discussion draft of social relations, . . . to make their own the civil rights and liberties of Natives potential revisions to the Federal substantive law in internal matters’’ and non-Natives alike, as guaranteed in acknowledgment regulations in 25 CFR such as membership, and ‘‘to enforce the Indian Civil Rights Act of 1968, 25 part 83, which expressly do not apply that law in their own forums’’) (citations U.S.C. 1301 et seq., and would have outside the continental United States, and internal quotation marks omitted); barred the Native Hawaiian government several Native Hawaiian organizations id. at 72 n.32 (‘‘A tribe’s right to define and its members from conducting requested an analogous administrative its own membership for tribal purposes gaming activities under the Indian process for the Native Hawaiian has long been recognized as central to Gaming Regulatory Act, 25 U.S.C. 2701 community. See, e.g., http:// its existence as an independent political et seq., or other authority. The bills www.bia.gov/cs/groups/xraca/ community.’’). further would have provided that the documents/text/idc1-023645.pdf. But a Federal administrative rule Native Hawaiian government and its This ANPRM seeks input on whether concerning reorganization of a Native members would not be eligible for the Secretary should promulgate an Hawaiian government would need to Federal Indian programs and services administrative rule that would facilitate determine who can participate in the unless Congress had expressly declared the reestablishment of a government-to- reorganization, including who would be them eligible. And S. 3945 expressly left government relationship with the Native eligible to assist in drafting a untouched the privileges, immunities, Hawaiian community. The goals of the constitution or other governing powers, authorities, and jurisdiction of rule would be to more effectively document, and who would be eligible to federally recognized tribes in the implement the special political and vote in a ratification referendum. In continental United States. trust relationship between Native discussing that issue, commenters may The bills would have acknowledged Hawaiians and the United States, which wish to consider observations made by the existing special political and trust Congress has long recognized, and to members of the Supreme Court in Rice relationship between Native Hawaiians better implement programs and services v. Cayetano, which invalidated a voting and the United States, and would have that Congress has created to benefit the law of the State of Hawaii under the established a process for reorganizing a Native Hawaiian community. The rule Fifteenth Amendment. Rice, 528 U.S. at Native Hawaiian governing entity. Some could focus on either: 518–22. Concurring in the judgment, in Congress, however, expressed a • A Federal process to assist the Justice Breyer, joined by Justice Souter, preference not for recognizing a Native Hawaiian community in concluded that the voting qualification reorganized Native Hawaiian reorganizing a government; or was impermissible because the state government by legislation, but for • Reestablishing a government-to- statute ‘‘defines the electorate in a way applying the Department’s Federal government relationship with a Native that is not analogous to membership in acknowledgment process to the Native Hawaiian government reorganized an Indian tribe.’’ Id. at 526. Justice

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35301

Breyer contrasted the state law’s cultural connection to the Native circumstances). See S. 3945, sec. ‘‘broad’’ definition of ‘‘Hawaiian’’— Hawaiian community and who: 8(c)(1)(B)–(C), 111th Cong., 2d Sess. which he noted would ‘‘includ[e] • Is determined to be a descendant of (2010). anyone with one ancestor who lived in the aboriginal peoples who, before 1778, The Federal legislation further Hawaii prior to 1778, thereby including occupied and exercised sovereignty in provided that an individual could individuals who are less than one five- the Hawaiian islands, the area that now demonstrate a significant cultural, hundredth original Hawaiian (assuming constitutes the State of Hawaii; social, or civic connection to the Native nine generations between 1778 and the • Is determined to be one of the Hawaiian community if he or she present)’’—with membership definitions indigenous native peoples of Hawaii satisfied at least two of ten criteria for various tribes in the continental and to be eligible in 1921 for the relating to current state of residence, United States, which, for example, focus programs authorized by the Hawaiian eligibility to be a beneficiary of on whether individuals and their Homes Commission Act of 1920, or a programs under the Hawaiian Homes parents are ‘‘regarded as Native’’ by a direct lineal descendant of that Commission Act, residence on or Native village or group to which they individual; or ownership interest in ‘‘kuleana land,’’ claim membership, or whether • Meets the ancestry requirements of participation in Hawaiian language individuals have ‘‘an ancestor whose Kamehameha Schools or of any schools or programs, membership in name appeared on a tribal roll . . . in Hawaiian registry program of the office Native Hawaiian membership the far less distant past [such as 1906, of Hawaiian affairs. organizations, and regard as Native 1936, 1937, or 1968, rather than 1778].’’ See Haw. Rev. Stat. 10H–3(a)(2) (2013) Hawaiian by the Native Hawaiian community. See S. 3945, sec. 3(12)(E), Id. at 526–27 (citations and internal The state law does not specify the 111th Cong., 2d Sess. (2010); see id. sec. quotation marks omitted). While Justice documents or evidence that the Native Breyer acknowledged that ‘‘a Native 3(10) Hawaiian Roll Commission should This ANPRM seeks input on which American tribe has broad authority to deem adequate to verify ancestry or to define its membership,’’ in his view the individuals, as members of the Native verify that an individual ‘‘[h]as Hawaiian community, should be eligible voting qualification created by the State maintained a significant cultural, social, of Hawaii went ‘‘well beyond any to participate in the process of or civic connection to the Native reorganizing a sovereign Native reasonable limit’’ on the State’s power Hawaiian community.’’ Id. 10H– to create such a definition and was ‘‘not Hawaiian government that could 3(a)(2)(B). In a 2013 amendment, the reestablish a relationship with the like any actual membership legislature further instructed the Native classification created by any actual Federal government. The ANPRM does Hawaiian Roll Commission to ‘‘include not seek input on the membership or tribe.’’ Id. at 527. in the roll of qualified Native Hawaiians citizenship criteria that the Native In defining the persons who would be all individuals already registered with Hawaiian community may adopt in its eligible to participate in any the State as verified Hawaiians or Native constitution or other governing reorganization of a Native Hawaiian Hawaiians through the office of document; that decision belongs to the government, certain other legislative Hawaiian affairs as demonstrated by the Native Hawaiian community. approaches may be instructive. For production of relevant office of example, in the Hawaiian Homes Hawaiian affairs records’’; those Frameworks for Reorganization, Roll Commission Act (HHCA), Congress individuals do not have to certify that Preparation, and Acknowledgment exercised its trust responsibility to set they have maintained a connection to The Department’s existing regulatory aside Hawaiian home lands for the Native Hawaiian community or wish frameworks for reorganizing, preparing homesteading by ‘‘native Hawaiians,’’ a to be included in the roll of qualified rolls for, and acknowledging Indian category Congress defined as ‘‘any Native Hawaiians. Id. 10H–3(a)(4). tribes in the continental United States descendant of not less than one-half part Another possible approach is found in may inform the analogous processes that of the blood of the races inhabiting the legislation proposed in Congress to Native Hawaiians may ultimately Hawaiian Islands previous to 1778.’’ Act reorganize a Native Hawaiian propose for reorganization or of July 9, 1921, ch. 42, sec. 201(a)(7), 42 government. The Native Hawaiian acknowledgment. Tribal officials have Stat. 108; see id. sec. 207, 42 Stat. 110– Government Reorganization Act of 2010 worked with these regulatory provisions 11. Congress later consented to contained requirements that were for decades, and their experiences likely amendments that would permit a similar to state Act 195’s requirements, will be helpful in responding to this lessee’s spouse, child, or grandchild as to both ancestry and cultural, social, ANPRM. who is of at least 25% Native Hawaiian or civic connection to the community. The Department has established a ancestry to acquire the lease. 100 Stat. This Federal legislation provided regulatory framework for members of 3143 (1986) (consenting to, inter alia, considerable detail about the Indian tribes to adopt new governing Act 272, Sess. L. Haw. 1982); 111 Stat. documentation an individual would documents and reorganize their tribal 235 (1997) (consenting to, inter alia, Act have to provide to demonstrate both governments. The framework includes 37, Sess. L. Haw. 1994). ancestry and the kinds of significant procedures that identify eligible voters, A second approach is found in the cultural, social, or civic connections provide notice to those voters, provide State of Hawaii’s Act 195, Session Laws that evidence an individual’s equal opportunities to participate, of Hawaii 2011, legislation designed to membership in the political community. establish minimum participation facilitate the reorganization of a Native The legislation stated that ancestry standards to ensure that the outcome of Hawaiian government. As amended in could be verified by presenting certain the voting reflects the will of the 2012 and 2013, Act 195 provides that types of documentary evidence of lineal majority, and provide for the Secretary’s ‘‘qualified Native Hawaiians’’ can descent, identifying a lineal ancestor on approval of the governing document. participate in reorganizing a Native the Kingdom of Hawaii’s 1890 Census, See 25 CFR part 81. Hawaiian government, where the term or producing sworn affidavits from at Federal regulations also provide a ‘‘qualified Native Hawaiian’’ is defined least two ‘‘qualified Native Hawaiian framework for the Secretary to compile to mean an individual 18 years or older constituents’’ (for those lacking birth rolls for some tribes for limited who has maintained a significant certificates under certain purposes. Those regulations provide for

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS 35302 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

public notice of the preparation of the reorganization by virtue of verifiable the Heads of Executive Departments and roll, procedures for enrollment, and an cultural, social, or civic connection to Agencies on Tribal Consultation, 74 FR opportunity to appeal adverse decisions. the Native Hawaiian community; and 57881 (Nov. 9, 2009); and the See 25 CFR parts 61 and 62. • Identifying procedures for adopting Department of the Interior Policy on The Department’s regulatory a constitution or other governing Consultation with Indian Tribes. framework for Federal acknowledgment document, should the Native Hawaiian If the Department ultimately decides of Indian tribes, found in 25 CFR Part community indicate that it would like to to issue a Notice of Proposed 83, establishes uniform administrative do so. Rulemaking (NPRM), the NPRM’s standards and procedures for Federal Programs and Services preamble will include a tribal summary identifying, defining, and impact statement that reflects comments acknowledging those Indian groups that As described above, Congress has received from tribal officials in response exist as tribes. Id. 83.2. The regulations consistently enacted programs and to this ANPRM. Publication of an NPRM require evidence of community—such services expressly and specifically for also would open a second round of as shared cultural or social activities, the Native Hawaiian community that tribal consultation and another formal residence in a defined geographic area, are, in many respects, analogous to, but comment period to allow for further marriages within the group, shared separate from, the programs and input and refinements before publishing language, kinship systems, or services that Congress has enacted for a final rule. ceremonies, and significant social federally recognized tribes in the relationships among members—and continental United States. Generally, Description of the Information evidence of political influence, such as Native Hawaiians have not been eligible Requested widespread knowledge and involvement for Federal Indian programs and We are particularly interested in in political processes, and leaders who services unless Congress expressly and receiving comments on the following take action on matters that most of the specifically declared them eligible. questions relating to an administrative membership consider important. Id. Consistent with that approach, the rule we may develop concerning the 83.7(b) and (c). If these and other Department of the Interior does not potential reestablishment of a mandatory criteria are met, tribal foresee that a Federal rule to facilitate government-to-government relationship existence is acknowledged. Id. 83.6(c) the reestablishment of a government-to- with the Native Hawaiian community: and 83.10(m). Indeed, Congress has government relationship with the Native expressly found that administrative Hawaiian community would alter or General Questions acknowledgment under procedures set affect the programs and services that the 1. Should the Secretary propose an forth in a Federal regulation such as Part United States currently provides to administrative rule that would facilitate 83 is a valid method for recognizing an federally recognized tribes in the the reestablishment of a government-to- Indian tribe with which the United continental United States. Congress has government relationship with the Native States can maintain a government-to- enacted more than 150 statutes Hawaiian community? government relationship. See 108 Stat. expressly affecting Native Hawaiians, 2. What role, if any, should the 4791 (1994). and it is these laws that define the scope Department of the Interior—exercising The acknowledgment of the Indian of Federal programs and services for the authorities described in 25 U.S.C. 2, group under part 83 recognizes or Native Hawaiians. 25 U.S.C. 9, 43 U.S.C. 1457, and other reaffirms a special political and trust Consultation With Federally Recognized statutes—play in facilitating the relationship with the United States. Tribes in the Continental United States reestablishment of a government-to- Here, however, the Native Hawaiian government relationship with the Native community already has a Given that the Secretary is Hawaiian community? congressionally recognized special considering whether to propose an 3. Should there be a reorganization of political and trust relationship with the administrative rule to facilitate the a Native Hawaiian government in order United States, but lacks an organized reestablishment of a government-to- to reestablish and maintain a governing body, a constitution, settled government relationship with an government-to-government relationship membership criteria, and a complete indigenous people, the knowledge, between the Native Hawaiian membership list, which petitioners expertise, and input of officials from community and the United States? under part 83 have. The experiences of federally recognized tribes in the 4. If a Native Hawaiian government is tribes in the continental United States continental United States, including reorganized, under what conditions with part 83, like their experiences with those tribes that have reorganized their should the Secretary federally the other parts of title 25 of the Code of own sovereign governments or have acknowledge it and thus reestablish a Federal Regulations discussed above, reestablished a government-to- government-to-government nonetheless may provide useful government relationship with the relationship? guidance for the Native Hawaiian United States, will be important. So, 5. What features, including any community. For example, the along with a series of public meetings in within 25 CFR parts 61, 62, 81, and 83 mandatory criteria in part 83 help Hawaii, we will conduct a series of or other regulations, should the clarify what constitutes a political formal, in-person consultations with Secretary incorporate in a proposed community. officials of federally recognized tribes in administrative rule addressing potential Given the Native Hawaiians’ unique various regions of the continental reorganization or acknowledgment of a situation, one of the topics on which United States during the public- Native Hawaiian government? this ANPRM seeks input is whether and comment period for this ANPRM. We how to promulgate a distinct regulatory will give public notice of each tribal Criteria for Inclusion on the Roll of framework for the Native Hawaiian consultation, and we will accept both Persons Eligible To Participate in the community, for purposes such as: oral and written communications. Tribal Reorganization • Identifying those persons of Native consultations on this ANPRM will be 6. If the Secretary were to propose a Hawaiian descent who are part of the conducted in accordance with Executive rule to assist in reorganizing a Native political community and should be Order 13175, 65 FR 67249 (Nov. 9, Hawaiian government, what should be eligible to participate in the 2000); the Presidential Memorandum for the criteria for persons to be included

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35303

on the roll of those eligible to the process for ratifying and approving Hawaiians’’ who are potentially eligible participate in reorganizing this a constitution or other governing under the HHCA, as amended. government? (This roll would determine document for a Native Hawaiian • Any other criterion that should be which persons are eligible to participate government? included as a condition for Federal in reorganizing a Native Hawaiian 16. Should there be a minimum acknowledgment of an already government; it would not determine turnout requirement for any referendum reorganized Native Hawaiian which persons ultimately could become to ratify a Native Hawaiian constitution government. members or citizens of a reorganized or other governing document? Michael L. Connor, sovereign Native Hawaiian government.) 17. In addition to being ratified by a 7. To be included on the roll, what majority of all qualified Native Deputy Secretary. should constitute adequate evidence or Hawaiians who participate in a [FR Doc. 2014–14430 Filed 6–19–14; 8:45 am] verification that a person has Native ratification referendum, should a Native BILLING CODE 4310–93–P Hawaiian ancestry? Hawaiian constitution or other 8. To be included on the roll, what governing document also have to be should constitute adequate evidence or ratified by a majority of all qualified DEPARTMENT OF THE INTERIOR verification that a person has a Native Hawaiians who participate in the significant cultural, social, or civic ratification referendum and are Fish and Wildlife Service connection to the Native Hawaiian potentially eligible under the HHCA, as community? amended? 50 CFR Part 17 9. To be included on the roll, what 18. Should the Secretary have the [Docket No. FWS–R6–ES–2013–0101: significance, if any, should be given to responsibility to approve or disapprove 4500030114] the fact that a person is potentially a Native Hawaiian constitution or other RIN 1018–AZ77 eligible under the Hawaiian Homes governing document? If so, what factors, Commission Act (HHCA), Act of July 9, if any, other than consistency with 1921, ch. 42, 42 Stat. 108, as amended? Endangered and Threatened Wildlife Federal law, should be considered? For and Plants; Revised Designation of To the extent that this is a relevant example, should the Secretary’s criterion, what process should be used Critical Habitat for the Contiguous U.S. approval depend on substantive issues Distinct Population Segment of the to identify persons who are potentially (e.g., the constitution’s safeguards for eligible under the HHCA, as amended? Canada Lynx and Revised Distinct civil rights and liberties), procedural Population Segment Boundary The Process for Preparing a Roll of issues (e.g., lost or destroyed ballots, Persons Eligible To Participate in the wrongful denial of ballots, etc.), or both? AGENCY: Fish and Wildlife Service, Interior. Reorganization Federal Acknowledgment of an Already 10. If the Secretary were to propose a Reorganized Native Hawaiian ACTION: Proposed rule; reopening of rule to assist in reorganizing a Native Government comment period. Hawaiian government, what should be 19. Should reorganization of a Native SUMMARY: We, the U.S. Fish and the process for preparing a roll of Hawaiian government occur through a Wildlife Service (Service), announce the persons who would be eligible to process established by the Native reopening of the public comment period participate in reorganizing a Native Hawaiian community and facilitated by on the September 26, 2013, proposed Hawaiian government? the State of Hawaii, rather than through revised designation of critical habitat for 11. What role, if any, should the a Federal process? This non-Federal the contiguous U.S. distinct population Secretary play in establishing, process would have to be consistent segment (DPS) of the Canada lynx (Lynx operating, or approving the process for with Federal law and satisfy conditions canadensis) under the Endangered preparing such a roll? established by the Secretary as Species Act of 1973, as amended (Act). 12. What role, if any, should be prerequisites to Federal We also announce the availability of a played by the Native Hawaiian Roll acknowledgment. We seek views on draft economic analysis (DEA) and a Commission established under Hawaii each of the following as a potential draft environmental assessment of the state law to prepare the Kanaiolowalu condition for Federal acknowledgment proposed revised designation of critical registry? of a Native Hawaiian government that habitat for the contiguous U.S. DPS of Drafting a Constitution for a Native has already been reorganized through a the Canada lynx, and an amended Hawaiian Government community-established, State-facilitated required determinations section of the process: proposal. We are reopening the 13. If the Secretary were to propose a • rule to assist in reorganizing a Native Acknowledgment by the State of comment period to allow all interested Hawaiian government, what should be Hawaii. parties an opportunity to comment • the process for drafting a constitution or A Native Hawaiian constitution (or simultaneously on the proposed rule, other governing document for a Native other governing document) that— the associated DEA, the draft Æ Hawaiian government, and what should Safeguards the civil rights and environmental assessment, and the be the Secretary’s role in providing such liberties of Natives and non-Natives amended required determinations assistance? alike, as guaranteed in the Indian Civil section. Comments previously 14. How should the drafters of a Rights Act of 1968, as amended, 25 submitted need not be resubmitted, as constitution or other governing U.S.C. 1301–1304; they will be fully considered in document be selected? Æ Has been ratified by a majority vote preparation of the final rule. of ‘‘qualified Native Hawaiians,’’ as DATES: In order to fully consider and Ratifying and Approving a Constitution defined in Haw. Rev. Stat. 10H–3(a) incorporate public comment, the for a Native Hawaiian Government (2013); and Service requests submittal of comments 15. If the Secretary were to propose a Æ Has also (and perhaps by close of business on July 21, 2014. rule to assist in reorganizing a Native simultaneously) been ratified by a Comments submitted electronically Hawaiian government, what should be majority vote of ‘‘qualified Native using the Federal eRulemaking Portal

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS 35304 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

(see ADDRESSES section, below) must be required determinations provided in outweigh the benefits of including that received by 11:59 p.m. Eastern Time on this document. We will consider area under section 4(b)(2) of the Act. the closing date. information and recommendations from (9) Whether we could improve or ADDRESSES: all interested parties. We are modify our approach to designating Document availability: You may particularly interested in comments critical habitat in any way to provide for obtain copies of the proposed rule and concerning: greater public participation and its associated documents of the draft (1) The reasons why we should or understanding, or to better economic analysis and the draft should not designate habitat as ‘‘critical accommodate public concerns and environmental assessment on the habitat’’ under section 4 of the Act (16 comments. Internet at http://www.regulations.gov at U.S.C. 1531 et seq.), including whether If you submitted comments or Docket No. FWS–R6–ES–2013–0101 or there are threats to the species from information on the proposed rule (78 FR by mail from the Montana Ecological human activity, the degree of which can 59430) during the initial comment Services Field Office (see FOR FURTHER be expected to increase due to the period from September 26, 2013, to INFORMATION CONTACT). designation, and whether that increase December 26, 2013, please do not Written Comments: You may submit in threat outweighs the benefit of resubmit them. Any such comments are written comments by one of the designation such that the designation of incorporated as part of the public record following methods: critical habitat is not prudent. of this rulemaking, and we will fully (1) Electronically: Go to the Federal (2) Specific information on: consider them in the preparation of our eRulemaking Portal: http:// (a) The distribution of the Canada final determination. Our final www.regulations.gov. Submit comments lynx in the contiguous United States; determination concerning critical on the critical habitat proposal and (b) The amount and distribution of habitat will take into consideration all associated DEA and draft environmental Canada lynx habitat in the contiguous written comments and any additional assessment by searching for Docket No. United States; information we receive during both FWS–R6–ES–2013–0101, which is the (c) What areas occupied by the comment periods. The final decision docket number for this rulemaking. species at the time of listing that contain may differ from the proposed rule, (2) By hard copy: Submit comments features essential for the conservation of based on our review of all information on the critical habitat proposal and the species we should include in the we receive during the comment periods. associated DEA and draft environmental designation and why; and You may submit your comments and assessment by U.S. mail or hand- (d) What areas not occupied at the materials concerning the proposed rule, delivery to: Public Comments time of listing are essential to the DEA, or draft environmental assessment Processing, Attn: FWS–R6–ES–2013– conservation of the species and why. by one of the methods listed in the 0101; Division of Policy and Directives (3) Land use designations and current ADDRESSES section. We request that you Management; U.S. Fish and Wildlife or planned activities in the subject areas send comments only by the methods Service; 4401 N. Fairfax Drive, MS and their probable impacts on proposed described in the ADDRESSES section. 2042–PDM; Arlington, VA 22203. critical habitat. If you submit a comment via http:// We request that you send comments (4) Information on the projected and www.regulations.gov, your entire only by the methods described above. reasonably likely impacts of climate comment—including any personal We will post all comments on http:// change on the Canada lynx and identifying information—will be posted www.regulations.gov. This generally proposed critical habitat. on the Web site. We will post all means that we will post any personal (5) Any probable economic, national hardcopy comments on http:// information you provide us (see the security, or other relevant impacts of www.regulations.gov as well. If you Public Comments section below for designating any area that may be submit a hardcopy comment that more information). included in the final designation; in includes personal identifying FOR FURTHER INFORMATION CONTACT: Jodi particular, we seek information on the information, you may request at the top Bush, Field Supervisor, U.S. Fish and benefits of including or excluding areas of your document that we withhold this Wildlife Service, Montana Ecological that exhibit these impacts. information from public review. Services Field Office, 585 Shepard Way, (6) Information on the extent to which However, we cannot guarantee that we Suite 1, Helena, MT 59601; telephone the description of economic impacts in will be able to do so. (406–449–5225); or facsimile (406–449– the DEA is a reasonable estimate of the Comments and materials we receive, 5339). Persons who use a likely economic impacts and the as well as supporting documentation we telecommunications device for the deaf description of the environmental used in preparing the proposed rule and (TDD) may call the Federal Information impacts in the draft environmental DEA, will be available for public Relay Service (FIRS) at 800–877–8339. assessment is complete and accurate. inspection on http:// SUPPLEMENTARY INFORMATION: (7) The likelihood of adverse social www.regulations.gov at Docket No. reactions to the designation of critical FWS–R6–ES–2013–0101, or by Public Comments habitat, as discussed in the associated appointment, during normal business We will accept written comments and documents of the draft economic hours, at the U.S. Fish and Wildlife information during this reopened analysis, and how the consequences of Service, Montana Ecological Services comment period on our proposed such reactions, if likely to occur, would Field Office (see FOR FURTHER revised designation of critical habitat for relate to the conservation and regulatory INFORMATION CONTACT). You may obtain the contiguous U.S. DPS of the Canada benefits of the proposed critical habitat copies of the proposed rule, the DEA, lynx (which we refer to as the Canada designation. and the draft environmental assessment lynx DPS in the remainder of this (8) Whether any areas we are on the Internet at http:// document) that was published in the proposing for critical habitat www.regulations.gov at Docket No. Federal Register on September 26, 2013 designation should be considered for FWS–R6–ES–2013–0101, or by mail (78 FR 59430), our DEA and draft exclusion under section 4(b)(2) of the from the Montana Ecological Services environmental assessment of the Act, and whether the benefits of Field Office (see FOR FURTHER proposed designation, and the amended potentially excluding any specific area INFORMATION CONTACT section).

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35305

Background northeastern Minnesota (Unit 2), impact of specifying any particular area It is our intent to discuss only those northwestern Montana and northeastern as critical habitat. We may exclude an topics directly relevant to the Idaho (Unit 3), north-central area from critical habitat if we designation of critical habitat for the Washington (Unit 4), and southwestern determine that the benefits of excluding Canada lynx DPS in this document. For Montana and northwestern Wyoming the area outweigh the benefits of more information on previous Federal (Unit 5). That proposal had a 90-day including the area as critical habitat, actions concerning the Canada lynx comment period, ending December 26, provided such exclusion will not result DPS, refer to the proposed revised 2013. We will publish in the Federal in the extinction of the species. When considering the benefits of designation of critical habitat published Register a final revised critical habitat inclusion for an area, we consider, in the Federal Register on September designation for the Canada lynx DPS on or before September 1, 2014. among other factors, the additional 26, 2013 (78 FR 59430). For more regulatory benefits that an area would information on the Canada lynx DPS or Critical Habitat receive through the analysis under its habitat, refer to the final listing rule Section 3 of the Act defines critical section 7 of the Act addressing the published in the Federal Register on habitat as the specific areas within the destruction or adverse modification of March 24, 2000 (65 FR 16052), the geographical area occupied by a species, critical habitat as a result of actions with clarification of findings published in the at the time it is listed in accordance a Federal nexus (activities conducted, Federal Register on July 3, 2003 (68 FR with the Act, on which are found those funded, permitted, or authorized by 40076), and the Recovery Outline for the physical or biological features essential Federal agencies); the educational Contiguous United States DPS of to the conservation of the species and benefits of identifying areas containing Canada Lynx, all of which are available that may require special management essential features that aid in the online at the Service’s Species Profile considerations or protection, and recovery of the listed species; and any Web site (http://ecos.fws.gov/ specific areas outside the geographical ancillary benefits triggered by existing speciesProfile/profile/ area occupied by a species at the time local, State, or Federal laws as a result speciesProfile.action?spcode=A073) or it is listed, upon a determination that of the critical habitat designation. from the Montana Ecological Services such areas are essential for the When considering the benefits of Field Office (see FOR FURTHER conservation of the species. If the exclusion, we consider, among other INFORMATION CONTACT). proposed rule is made final, section 7 of things, whether exclusion of a specific Previous Federal Actions the Act will prohibit destruction or area is likely to incentivize or result in adverse modification of critical habitat conservation; the continuation, On March 24, 2000, the Service by any activity funded, authorized, or strengthening, or encouragement of published a final rule in the Federal carried out by any Federal agency. partnerships; or implementation of a Register designating Canada lynx in the Federal agencies proposing actions management plan. In the case of Canada contiguous United States as a distinct affecting critical habitat must consult lynx, the benefits of critical habitat population segment (DPS) and listing with us on the effects of their proposed include public awareness of the species’ the Canada lynx DPS as threatened actions, under section 7(a)(2) of the Act. presence and the importance of habitat under the Act (65 FR 16052). On July 3, protection, and, where a Federal nexus 2003, we published a clarification of Changes From Previously Proposed exists, increased protection of Canada findings affirming the status of the DPS Critical Habitat lynx habitat due to protection from as threatened under the Act (68 FR As we indicated in our September 26, adverse modification or destruction of 40076). On November 9, 2006, we 2013, proposed rule (78 FR 59430), we critical habitat. In practice, actions with published a final rule designating are evaluating information from several a Federal nexus exist primarily on critical habitat for the Canada lynx DPS national forests in Montana that have Federal lands or for projects undertaken, (71 FR 66008). On February 25, 2009, refined their mapped Canada lynx authorized, funded, or otherwise we published a final rule revising the habitat. These refinements may result in permitted by Federal agencies. designation of critical habitat for the changes (reductions, additions, or both) The final decision on whether to Canada lynx DPS (74 FR 8616). On to the critical habitat boundaries exclude any areas in accordance with December 17, 2009, we published a 12- designated in the final rule for units 3 section 4(b)(2) of the Act will be based month warranted-but-precluded finding and 5. Additionally, the Service on the best scientific data available at on a petition to change the final listing continues to work with the Bureau of the time of the final designation, of the Canada lynx DPS to include New Land Management (BLM) in Wyoming including information obtained during Mexico (74 FR 66937). These documents to determine the most appropriate the comment period and information and others addressing the status and boundary for the southern and about the economic impact of conservation of Canada lynx in the southeastern critical habitat additions to designation. Accordingly, we have contiguous United States may be viewed Unit 5 that we described in the prepared a DEA concerning the and downloaded from the Service’s Web proposed rule. In the final rule, we proposed revised critical habitat site at: http://ecos.fws.gov/ anticipate some changes to units 3 and designation, which is available for speciesProfile/profile/ 5 because of these refinements, which review and comment (see ADDRESSES). speciesProfile.action?spcode=A073 or are based on the best available habitat Consideration of Economic Impacts http://www.fws.gov/mountain-prairie/ mapping information. species/mammals/lynx/index.htm. Section 4(b)(2) of the Act and its On September 26, 2013, we published Consideration of Impacts Under Section implementing regulations require that a proposed rule to revise the designation 4(b)(2) of the Act we consider the economic impact that of critical habitat for the Canada lynx Section 4(b)(2) of the Act requires that may result from a designation of critical DPS (78 FR 59430). We proposed to we designate or revise critical habitat habitat. To assess the probable designate approximately 41,547 square based upon the best scientific data economic impacts of a designation, we miles (mi2) (107,607 square kilometers available, after taking into consideration must first evaluate specific land uses or (km2)) of critical habitat in five units the economic impact, impact on activities and projects that may occur in located in northern Maine (Unit 1), national security, or any other relevant the area proposed for critical habitat

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS 35306 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

designation. We then must evaluate the geographic areas in which the critical Silviculture/Timber, Transportation, impacts that a specific critical habitat habitat designation is unlikely to result Tribes, and Utilities. We considered designation may have on restricting or in probable incremental economic each industry or category individually. modifying specific land uses or impacts. In particular, the screening Additionally, we considered whether activities for the benefit of the species analysis considers baseline costs (i.e., their activities have any Federal and its habitat within the areas absent critical habitat designation) and involvement. Critical habitat proposed. We then identify which includes probable economic impacts designation will not affect activities that conservation efforts may be the result of where land and water use may be do not have any Federal involvement; it the species being listed under the Act subject to conservation plans, land only affects activities conducted, versus those attributed solely to the management plans, best management funded, permitted, or authorized by designation of critical habitat for this practices, or regulations that protect the Federal agencies. particular species. habitat area as a result of the Federal Because the Canada lynx DPS has The probable economic impact of a listing status of the species. The been listed as threatened under the Act proposed critical habitat designation is screening analysis filters out particular since 2000, Federal agencies already are analyzed by comparing scenarios ‘‘with areas of critical habitat that are already required to consult with the Service critical habitat’’ and ‘‘without critical subject to such protections and are, under section 7 of the Act on activities habitat.’’ The ‘‘without critical habitat’’ therefore, unlikely to incur incremental they fund, permit, or implement in areas scenario represents the baseline for the economic impacts. Ultimately, the where Canada lynx may be present and analysis, which includes the existing screening analysis allows us to focus that may affect the species. If we finalize regulatory and socio-economic burden our analysis on evaluating the specific this proposed revised critical habitat imposed on landowners, managers, or areas or sectors that may incur probable designation, consultations to avoid the other resource users potentially affected incremental economic impacts as a destruction or adverse modification of by the designation of critical habitat result of the designation. The screening critical habitat would be incorporated (e.g., under the Federal listing as well as analysis also assesses whether proposed into the existing consultation process other Federal, State, and local critical habitat units are unoccupied by that already considers jeopardy to the regulations). The baseline, therefore, the species, may require additional listed DPS. Because all of the areas represents the costs of all efforts management or conservation efforts as a proposed as revised critical habitat are attributable to the listing of the species result of the critical habitat designation, currently occupied by Canada lynx under the Act (i.e., conservation of the and may incur incremental economic populations, their designation will not species and its habitat incurred impacts. This screening analysis and the result in new areas in which section 7 regardless of whether critical habitat is information contained in our IEM are consultations would be required. designated). The ‘‘with critical habitat’’ what we consider our DEA of the Therefore, disproportionate impacts to scenario describes the incremental proposed revised critical habitat any geographic area or sector are not impacts associated specifically with the designation for the Canada lynx DPS, likely as a result of the critical habitat designation of critical habitat for the which is summarized in the narrative designation. In our IEM, we attempted to clarify species. The incremental conservation below. efforts and associated impacts are those the distinction between the effects that would not be expected to occur in Executive Orders 12866 and 13563 attributable to the Canada lynx DPS the absence of a critical habitat direct Federal agencies to assess the being listed and those likely to result designation for the species. In other costs and benefits of available regulatory from critical habitat designation (i.e., words, the incremental costs are those alternatives in quantitative (to the extent the difference between the jeopardy and attributable solely to the designation of feasible) and qualitative terms. adverse modification standards). critical habitat, above and beyond the Consistent with the Executive Orders’ Because the designation of critical baseline costs arising from the species’ regulatory analysis requirements, our habitat for the Canada lynx DPS was not listing under the Act. These are the effects analysis under the Act may take proposed concurrently with the listing, costs we use when evaluating the into consideration both direct and we are better able to discern, based on benefits of inclusion and exclusion of indirect impacts to affected entities, a comparison of the history of section 7 particular areas from the final where practicable and reasonable. If consultations in the absence of critical designation of critical habitat should we sufficient data are available, we assess, habitat and consultations since the choose to conduct an optional section to the extent practicable, the probable previous designation in 2009, which 4(b)(2) exclusion analysis. impacts to both directly and indirectly impacts are attributable to the DPS’s For this particular designation, we affected entities. As part of our listing and which are likely to result developed an incremental effects screening analysis, we considered the solely from the revised critical habitat memorandum (IEM) considering the types of economic activities that are designation currently proposed. probable incremental economic impacts likely to occur within the areas Additionally, the following specific that may result from this proposed proposed for revised critical habitat circumstances in this case help to revised designation of critical habitat. designation. In our evaluation of the inform our evaluation: (1) The essential The information contained in our IEM probable incremental economic impacts physical and biological features was then used to develop a screening that may result from the proposed identified for critical habitat are the analysis of the probable effects of the designation of critical habitat for the same features essential for the life designation of critical habitat for the Canada lynx DPS, we first identified, in requisites of the species; (2) all areas Canada lynx DPS (Industrial Economics, the IEM dated April 18, 2014, probable proposed for revised designation of Inc. 2014). We began by conducting a incremental economic impacts critical habitat are currently occupied screening analysis of the proposed associated with the following categories by Canada lynx populations; (3) 89 revised designation of critical habitat to of activities: Agriculture, Border percent of the area currently proposed focus our analysis on the key factors Protection, Conservation/Restoration, for designation has been designated as that are likely to result in incremental Development, Fire Management, Forest Canada lynx critical habitat since March economic impacts. The purpose of the Management, Mining, Oil and Gas, 2009, and another 4.8 percent was screening analysis is to filter out the Recreation, Renewable Energy, designated lynx critical habitat from

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35307

March 2009 until September 2010, there are no Tribal lands. Unit 5 agencies and, in some cases, third when critical habitat in Washington includes 9,766 mi2 located in parties, most frequently State agencies State was enjoined by the U.S. District Yellowstone National Park and or municipalities. Activities we expect Court for the District of Wyoming; and surrounding lands of the Greater will be subject to consultations that may (4) any actions that would result in Yellowstone Area in southwestern involve private entities as third parties sufficient harm or harassment to Montana and northwestern Wyoming. are residential and commercial constitute jeopardy to the Canada lynx Proposed critical habitat in this unit is development that may occur on private DPS would also likely adversely affect located in Carbon, Gallatin, Park, lands. However, the cost to private the essential physical and biological Stillwater, and Sweetgrass Counties in entities within these sectors is expected features of critical habitat. The IEM Montana; and Fremont, Lincoln, Park, to be relatively minor and, therefore, not outlines our rationale concerning this Sublette, and Teton Counties in significant. limited distinction between baseline Wyoming. Land ownership within Unit The annual administrative burden to and incremental impacts of critical 5 is 96.9 percent Federal, 0.3 percent address adverse modification in areas habitat designation for this DPS. This State, and 2.8 percent private; there are proposed but not currently designated evaluation of the incremental effects has no Tribal lands. as critical habitat is unlikely to reach been used as the basis to evaluate the Because all the areas proposed as $100 million. Therefore, future probable probable incremental economic impacts revised designated Canada lynx critical incremental economic impacts are not of this proposed revised critical habitat habitat are occupied by Canada lynx, likely to exceed $100 million in any designation. consultation under section 7 of the Act single year and disproportionate The proposed revised critical habitat is already required for projects in these impacts to any geographic area or sector designation for the Canada lynx DPS areas that may affect Canada lynx. These are not likely as a result of the proposed includes approximately 41,547 mi2 consultations normally focus on revised critical habitat designation. (107,607 km2) of Federal, State, Tribal, potential impacts to Canada lynx As we stated above, we are soliciting and private lands in five units located foraging habitat, in particular winter data and comments from the public on in northern Maine (Unit 1), northeastern snowshoe hare habitats. In these areas, the DEA and the draft environmental Minnesota (Unit 2), northwestern any actions that may affect the Canada assessment, as well as all aspects of the Montana and northeastern Idaho (Unit lynx or its habitat would also affect proposed rule and our amended 3), north-central Washington (Unit 4), designated critical habitat. It is unlikely required determinations. We may revise and southwestern Montana and that any additional conservation efforts the proposed rule or supporting northwestern Wyoming (Unit 5). All of would be recommended to address the documents to incorporate or address the areas proposed as revised designated adverse modification standard over and information we receive during the critical habitat were occupied by above those recommended as necessary public comment period. In particular, Canada lynx at the time of listing and to avoid jeopardizing the continued we may exclude areas from critical currently support persistent Canada existence of the Canada lynx DPS. habitat if we determine that the benefits lynx populations. Further, because most (89 percent) of of excluding the areas outweigh the Unit 1 includes 11,162 mi2 located in the proposed area has been designated benefits of including the areas, provided northern Maine in portions of as critical habitat for Canada lynx since the exclusions will not result in the Aroostook, Franklin, Penobscot, 2009, consultations in these areas extinction of this DPS. Piscataquis, and Somerset Counties. already must address the adverse Required Determinations—Amended Land ownership within Unit 1 is 91.7 modification standard, and no percent private, 7.4 percent State, and additional conservation measures or In our September 26, 2013, proposed 0.8 percent Tribal; there are no Federal associated administrative or other costs rule (78 FR 59430), we indicated that we lands. Unit 2 includes 8,147 mi2 located are expected. Therefore, additional would defer our determination of in northeastern Minnesota in portions of administrative costs are only expected compliance with several statutes and Cook, Koochiching, Lake, and St. Louis in the 11 percent of the proposed executive orders until we had evaluated Counties, and the Superior National critical habitat that is not already the probable effects on landowners and Forest. Land ownership within Unit 2 is designated. While the additional stakeholders and the resulting probable 47.4 percent Federal, 33.5 percent State, analysis necessary to address adverse economic impacts of the designation. 18.1 percent private, and 1.0 percent modification in these areas will require Following our evaluation of the Tribal. Unit 3 includes 10,474 mi2 time and resources by both the Federal probable incremental economic impacts located in northwestern Montana and a action agency and the Service, we resulting from the designation of critical small portion of northeastern Idaho in believe that, in most circumstances, habitat for the Canada lynx DPS, we portions of Boundary County in Idaho these costs would be predominantly have affirmed or amended our and Flathead, Glacier, Granite, Lake, administrative in nature and would not determinations below. Specifically, we Lewis and Clark, Lincoln, Missoula, be significant. affirm the information in our proposed Pondera, Powell, and Teton Counties in Areas proposed for designation that rule concerning Executive Orders Montana. Land ownership within Unit 3 are not currently designated include: (1) (E.O.s) 12866 and 13563 (Regulatory is 82.6 percent Federal, 3.6 percent All of Unit 4 (1,999 mi2 of Planning and Review), E.O. 13132 State, 10.2 percent private, and 3.5 predominantly Federal [U.S. Forest (Federalism), E.O. 12988 (Civil Justice percent Tribal. Unit 4 includes 1,999 Service] lands in northern Washington); Reform), E.O. 13211 (Energy Supply, mi2 located in north-central Washington (2) an additional 521 mi2 of mostly Distribution, or Use), the Unfunded in portions of Chelan and Okanogan private commercial timber lands in Unit Mandates Reform Act (2 U.S.C. 1501 et Counties and includes mostly 1 (northern Maine); and (3) an seq.), the Paperwork Reduction Act of Okanogan-Wenatchee National Forest additional 259 mi2 of mostly Federal 1995 (44 U.S.C. 3501 et seq.), and the lands as well as BLM lands in the (BLM and National Park Service) lands President’s memorandum of April 29, Spokane District and Loomis State in Unit 5 (northwestern Wyoming). The 1994, ‘‘Government-to-Government Forest lands. Land ownership within entities most likely to incur incremental Relations with Native American Tribal Unit 4 is 91.5 percent Federal, 8.2 costs are parties to section 7 Governments’’ (59 FR 22951). However, percent State, and 0.2 percent private; consultations, including Federal action based on our evaluation of the probable

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS 35308 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

incremental economic impacts of the amended, and following recent court modification of critical habitat rests proposed revised designation of critical decisions, is that Federal agencies are squarely on the Federal agency. The habitat for the Canada lynx DPS, we are only required to evaluate the potential economic analysis found that no amending our required determinations incremental impacts of rulemaking on significant economic impacts are likely concerning the Regulatory Flexibility those entities directly regulated by the to result from the designation of critical Act (5 U.S.C. 601 et seq.), E.O. 12630 rulemaking itself, and, therefore, are not habitat for the Canada lynx DPS. (Takings), and the National required to evaluate the potential Because the Act’s critical habitat Environmental Policy Act (42 U.S.C. impacts to indirectly regulated entities. protection requirements apply only to 4321 et seq.). The regulatory mechanism through Federal agency actions, few conflicts which critical habitat protections are between critical habitat and private Regulatory Flexibility Act (5 U.S.C. 601 realized is section 7 of the Act, which property rights are anticipated from this et seq.) requires Federal agencies, in designation. Based on information Under the Regulatory Flexibility Act consultation with the Service, to ensure contained in the economic analysis (RFA; 5 U.S.C. 601 et seq.), as amended that any action authorized, funded, or assessment and described within this by the Small Business Regulatory carried out by the agency is not likely document, it is not likely that economic Enforcement Fairness Act of 1996 to destroy or adversely modify critical impacts to a property owner would be (SBREFA; 5 U.S.C. 801 et seq.), habitat. Therefore, under section 7 only of a sufficient magnitude to support a whenever an agency is required to Federal action agencies are directly takings action. Therefore, the takings publish a notice of rulemaking for any subject to the specific regulatory implications assessment concludes that proposed or final rule, it must prepare requirement (avoiding destruction and this designation of critical habitat for and make available for public comment adverse modification) imposed by the Canada lynx DPS would not pose a regulatory flexibility analysis that critical habitat designation. significant takings implications for describes the effects of the rule on small Consequently, it is our position that lands within or affected by the revised entities (i.e., small businesses, small only Federal action agencies will be designation. organizations, and small government directly regulated by this designation. National Environmental Policy Act (42 jurisdictions). However, no regulatory There is no requirement under the RFA U.S.C. 4321 et seq.) flexibility analysis is required if the to evaluate the potential impacts to head of the agency certifies the rule will entities not directly regulated. When the range of a species includes not have a significant economic impact Moreover, Federal agencies are not States within the jurisdiction of the U.S. on a substantial number of small small entities. Therefore, because no Court of Appeals for the Tenth Circuit, entities. The SBREFA amended the RFA small entities are directly regulated by pursuant to that court’s ruling in Catron to require Federal agencies to provide a this rulemaking, the Service certifies County Board of Commissioners v. U.S. certification statement of the factual that, if promulgated, the proposed Fish and Wildlife Service, 75 F .3d 1429 basis for certifying that the rule will not revised critical habitat designation will (10th Cir. 1996), we complete an have a significant economic impact on not have a significant economic impact analysis on proposed critical habitat a substantial number of small entities. on a substantial number of small designations pursuant to the National According to the Small Business entities. Environmental Policy Act of 1969 (42 Administration, small entities include In summary, we have considered U.S.C. 4321 et seq.) (NEPA). The range small organizations such as whether the proposed revised of the Canada lynx DPS is partially independent nonprofit organizations; designation would result in a significant within the States of Colorado, New small governmental jurisdictions, economic impact on a substantial Mexico, Utah, and Wyoming, which are including school boards and city and number of small entities. For the above within the Tenth Circuit. Accordingly, town governments that serve fewer than reasons and based on currently available we have prepared a draft environmental 50,000 residents; and small businesses information, we certify that, if assessment to identify and disclose the (13 CFR 121.201). Small businesses promulgated, the proposed revised environmental consequences resulting include manufacturing and mining critical habitat designation would not from the proposed revised designation concerns with fewer than 500 have a significant economic impact on of critical habitat for the Canada lynx employees, wholesale trade entities a substantial number of small business DPS. with fewer than 100 employees, retail entities. Therefore, an initial RFA The draft environmental assessment and service businesses with less than $5 analysis is not required. presents the purpose of and need for million in annual sales, general and critical habitat designation; the heavy construction businesses with less E.O. 12630 (Takings) proposed action and alternatives; and an than $27.5 million in annual business, In accordance with E.O. 12630 evaluation of the direct, indirect, and special trade contractors doing less than (Government Actions and Interference cumulative effects of the alternatives $11.5 million in annual business, and with Constitutionally Protected Private under the requirements of NEPA as agricultural businesses with annual Property Rights), we have analyzed the implemented by the Council on sales less than $750,000. To determine potential takings implications of Environmental Quality regulations (40 if potential economic impacts to these designating critical habitat for the CFR part 1500 et seq.) and according to small entities are significant, we Canada lynx DPS in a takings the Department of the Interior’s NEPA considered the types of activities that implications assessment. As discussed procedures. might trigger regulatory impacts under above, the designation of critical habitat The draft environmental assessment this designation as well as types of affects only Federal actions. Although will be used by the Service to decide project modifications that may result. In private parties that receive Federal whether or not critical habitat will be general, the term ‘‘significant economic funding or assistance or that require designated as proposed; if the proposed impact’’ is meant to apply to a typical approval or authorization from a Federal action requires refinement, or if another small business firm’s business agency for an action may be indirectly alternative is appropriate; or if further operations. impacted by the designation of critical analyses are needed through preparation The Service’s current understanding habitat, the legally binding duty to of an environmental impact statement. If of the requirements under the RFA, as avoid destruction or adverse the proposed action is selected as

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35309

described (or is changed minimally) and submitted by one of the methods listed Authority no further environmental analyses are in the ADDRESSES section. The authority for this action is the needed, then a finding of no significant Authors Endangered Species Act of 1973, as impact (FONSI) would be the amended (16 U.S.C. 1531 et seq.). appropriate conclusion of this process. The primary authors of this notice are Dated: June 13, 2014. A FONSI would then be prepared for the staff members of the Montana Rachel Jacobsen, the environmental assessment. We are Ecological Services Field Office, Region Principal Deputy Assistant Secretary for Fish seeking data and comments from the 6, U.S. Fish and Wildlife Service. public on the draft environmental and Wildlife and Parks. assessment. Comments may be [FR Doc. 2014–14400 Filed 6–19–14; 8:45 am] BILLING CODE 4310–55–P

VerDate Mar<15>2010 14:33 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00014 Fmt 4702 Sfmt 9990 E:\FR\FM\20JNP1.SGM 20JNP1 ehiers on DSK2VPTVN1PROD with PROPOSALS 35310

Notices Federal Register Vol. 79, No. 119

Friday, June 20, 2014

This section of the FEDERAL REGISTER Please call ahead to facilitate entry into DEPARTMENT OF COMMERCE contains documents other than rules or the building. proposed rules that are applicable to the Foreign-Trade Zones Board public. Notices of hearings and investigations, FOR FURTHER INFORMATION CONTACT: committee meetings, agency decisions and Robin DeMario, RAC Coordinator, by [B–18–2014] rulings, delegations of authority, filing of phone at 509–664–9292 or via email at Foreign-Trade Zone 247—Erie, petitions and applications and agency [email protected]. statements of organization and functions are Pennsylvania; Authorization of Limited examples of documents appearing in this Individuals who use Production Activity; GE Transportation section. telecommunication devices for the deaf (Locomotives, Off-Highway Vehicles (TDD) may call the Federal Information and Motors/Engines); Lawrence Park Relay Service (FIRS) at 1–800–877–8339 and Grove City, Pennsylvania DEPARTMENT OF AGRICULTURE between 8:00 a.m. and 8:00 p.m., On February 14, 2014, GE Eastern Standard Time, Monday Forest Service Transportation submitted a notification through Friday. of proposed production activity to the Wenatchee-Okanogan Resource SUPPLEMENTARY INFORMATION: Foreign-Trade Zones (FTZ) Board for its Advisory Committee Additional RAC information, including facilities within Subzones 247A and the meeting agenda and the meeting 247B, in Lawrence Park and Grove City, AGENCY: Forest Service, USDA. summary/minutes can be found at the Pennsylvania. ACTION: Notice of Meetings. following Web site: http:// The notification was processed in accordance with the regulations of the SUMMARY: The Wenatchee-Okanogan facadatabase.gov/committee/ committee.aspx?cid=2274&aid=171. FTZ Board (15 CFR part 400), including Resource Advisory Committee (RAC) notice in the Federal Register inviting The agenda will include time for people will meet in Wenatchee, Washington. public comment (79 FR 10765–10768, to make oral statements of three minutes The committee is authorized under the 2–26–2014). The FTZ Board has Secure Rural Schools and Community or less. Individuals wishing to make an determined that further review of part of Self-Determination Act (Pub. L. 110– oral statement should request in writing the proposed activity is warranted at 343) (the Act) and operates in by July 3, 2014 to be scheduled on the this time. The production activity compliance with the Federal Advisory agenda. Anyone who would like to described in the notification is Committee Act. The purpose of the bring related matters to the attention of authorized on a limited basis, subject to committee is to improve collaborative the committee may file written the FTZ Act and the Board’s regulations, relationships and to provide advice and statements with the committee staff including Section 400.14, and further recommendations to the Forest Service before or after the meeting. Written subject to a restriction requiring that concerning projects and funding comments and requests for time for oral diesel engine units (HTSUS 8502.11) be consistent with the Title II of the Act. comments must be sent to Robin admitted to the subzones in privileged These meetings are open to the public. DeMario, RAC Coordinator, 215 Melody foreign status. The purpose of these meetings is to Lane, Wenatchee, Washington, 98801; Elizabeth Whiteman, review projects proposed for RAC by email to [email protected] or via Acting Executive Secretary. consideration under Title II of the Act. facsimile to 509–664–9286. DATES: [FR Doc. 2014–14385 Filed 6–19–14; 8:45 am] The meetings will be held from Meeting Accommodations: If you are 9:00 a.m. to 3:30 p.m. on the following BILLING CODE 3510–DS–P a person requiring reasonable dates: accommodation, please make requests • July 22, 2014. in advance for sign language DEPARTMENT OF COMMERCE • July 23, 2014 interpreting, assistive listening devices All RAC meetings are subject to or other reasonable accommodation for International Trade Administration cancellation. For status of meetings access to the facility or proceedings by prior to attendance, please contact the [A–570–896] contacting the person listed in the person listed under FOR FURTHER section titled FOR FURTHER INFORMATION Magnesium Metal From the People’s INFORMATION CONTACT. CONTACT. All reasonable Republic of China: Final Results of ADDRESSES: The meetings will be held at accommodation requests are managed Antidumping Duty Administrative the Okanogan-Wenatchee National on a case by case basis. Review; 2012–2013 Forest (NF) Headquarters Office, 215 Melody Lane, Wenatchee, Washington. Dated: June 13, 2014. AGENCY: Enforcement and Compliance, Written comments may be submitted Michael L. Balboni, International Trade Administration, as described under SUPPLEMENTARY Forest Supervisor. Department of Commerce. DATES: INFORMATION. All comments, including [FR Doc. 2014–14448 Filed 6–19–14; 8:45 am] Effective Date: June 20, 2014. names and addresses when provided, SUMMARY: On April 1, 2014, the BILLING CODE 3411–15–P are placed in the record and are Department of Commerce (‘‘the available for public inspection and Department’’) published in the Federal copying. The public may inspect Register the preliminary results of the comments received at Okanogan- administrative review of the Wenatchee NF Headquarters Office. antidumping duty order on magnesium

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35311

metal from the People’s Republic of primary and secondary alloy graphite, coke, silicon, rare earth China (‘‘PRC’’) covering the period April magnesium metal, regardless of metals/mischmetal, cryolite, silica/fly 1, 2012 through March 31, 2013.1 This chemistry, raw material source, form, ash, magnesium oxide, periclase, review covers one PRC company, shape, or size. Magnesium is a metal or ferroalloys, dolomite lime, and Tianjin Magnesium International, Co., alloy containing by weight primarily the colemanite.9 Ltd. (‘‘TMI’’). The Department gave element magnesium. Primary The merchandise subject to this order interested parties an opportunity to magnesium is produced by is classifiable under items 8104.19.00, comment on the Preliminary Results, decomposing raw materials into and 8104.30.00 of the Harmonized Tariff but we received no comments. Hence, magnesium metal. Secondary Schedule of the United States these final results are unchanged from magnesium is produced by recycling (‘‘HTSUS’’). Although the HTSUS items the Preliminary Results, and we magnesium-based scrap into magnesium are provided for convenience and continue to find that TMI did not have metal. The magnesium covered by this customs purposes, the written reviewable entries during the period of order includes blends of primary and description of the merchandise is review (‘‘POR’’). secondary magnesium. dispositive. FOR FURTHER INFORMATION CONTACT: The subject merchandise includes the Final Determination of No Shipments Laurel LaCivita or Erin Begnal, AD/CVD following alloy magnesium metal products made from primary and/or As explained above, in the Operations, Office III, Enforcement and Preliminary Results, the Department Compliance, International Trade secondary magnesium including, without limitation, magnesium cast into found that TMI did not have reviewable Administration, U.S. Department of entries during the POR.10 Also in the Commerce, 14th Street and Constitution ingots, slabs, rounds, billets, and other shapes; magnesium ground, chipped, Preliminary Results, the Department Avenue NW., Washington, DC 20230; stated that consistent with its recently telephone: (202) 482–4243 or (202) 482– crushed, or machined into rasping, granules, turnings, chips, powder, announced refinement to its assessment 1442, respectively. practice in non-market economy SUPPLEMENTARY INFORMATION: briquettes, and other shapes; and products that contain 50 percent or (‘‘NME’’) cases, it is appropriate not to Background greater, but less than 99.8 percent, rescind the review in part in this circumstance but, rather, to complete On April 1, 2014, the Department magnesium, by weight, and that have been entered into the United States as the review with respect to TMI and to published the Preliminary Results of the issue appropriate instructions to CBP instant review.2 TMI submitted a conforming to an ‘‘ASTM Specification for Magnesium Alloy’’ 7 and are thus based on the final results of the timely-filed certification indicating that review.11 it had no shipments of subject outside the scope of the existing antidumping orders on magnesium from After issuing the Preliminary Results, merchandise to the United States during the Department received no comments the POR.3 In addition, in response to the the PRC (generally referred to as ‘‘alloy’’ magnesium). from interested parties, nor has it Department’s query, U.S. Customs and received any information that would Border Protection (‘‘CBP’’) did not The scope of this order excludes: (1) All forms of pure magnesium, including cause it to revisit its preliminary provide any evidence that contradicted determination. Therefore, for these final 4 chemical combinations of magnesium TMI’s claim of no shipments. The results, the Department continues to Department received no comments from and other material(s) in which the pure magnesium content is 50 percent or find that TMI did not have any interested parties concerning the results reviewable entries during the POR. of the CBP query. Therefore, based on greater, but less than 99.8 percent, by TMI’s certification and our analysis of weight, that do not conform to an Assessment Rates CBP information, we preliminarily ‘‘ASTM Specification for Magnesium The Department determined, and CBP 8 determined that TMI did not have any Alloy’’ ; (2) magnesium that is in liquid shall assess, antidumping duties on all reviewable entries during the POR.5 We or molten form; and (3) mixtures appropriate entries of subject invited interested parties to comment on containing 90 percent or less merchandise in accordance with the the Preliminary Results.6 We received magnesium in granular or powder form final results of this review.12 The no comments from interested parties. by weight and one or more of certain Department intends to issue assessment The Department conducted this non-magnesium granular materials to instructions to CBP 15 days after the review in accordance with section make magnesium-based reagent 751(a)(1)(B) of the Tariff Act of 1930, as mixtures, including lime, calcium 9 This third exclusion for magnesium-based amended (‘‘the Act’’). metal, calcium silicon, calcium carbide, reagent mixtures is based on the exclusion for calcium carbonate, carbon, slag reagent mixtures in the 2000–2001 investigations of Scope of the Order coagulants, fluorspar, nephaline syenite, magnesium from China, Israel, and Russia. See Final Determination of Sales at Less Than Fair The product covered by this feldspar, alumina (Al203), calcium Value: Pure Magnesium in Granular Form From the antidumping duty order is magnesium aluminate, soda ash, hydrocarbons, People’s Republic of China, 66 FR 49345 metal from the PRC, which includes (September 27, 2001); Final Determination of Sales 7 The meaning of this term is the same as that at Less Than Fair Value: Pure Magnesium From used by the American Society for Testing and Israel, 66 FR 49349 (September 27, 2001); Final 1 See Magnesium Metal From the People’s Materials in its Annual Book for ASTM Standards: Determination of Sales at Not Less Than Fair Value: Republic of China: Preliminary Results of Volume 01.02 Aluminum and Magnesium Alloys. Pure Magnesium From the Russian Federation, 66 Antidumping Duty Administrative Review; 2012– 8 The material is already covered by existing FR 49347 (September 27, 2001). These mixtures are 2013, 79 FR 18277 (April 1, 2014) (‘‘Preliminary not magnesium alloys, because they are not Results’’). antidumping orders. See Notice of Antidumping Duty Orders: Pure Magnesium from the People’s combined in liquid form and cast into the same 2 Id. Republic of China, the Russian Federation and ingot. 3 See letter from TMI, ‘‘Magnesium Metal from Ukraine; Notice of Amended Final Determination of 10 See Preliminary Results, 79 FR at 18278. the People’s Republic of China; A–570–896; Sales at Less Than Fair Value: Antidumping Duty 11 See Non-Market Economy Antidumping Certification of No Sales by Tianjin Magnesium Proceedings: Assessment of Antidumping Duties, 76 { } Investigation of Pure Magnesium from the Russian International, Co., Ltd.’’ dated July 23, 2012 sic . Federation, 60 FR 25691 (May 12, 1995); and FR 65694 (October 24, 2011) (‘‘Assessment Practice 4 See Preliminary Results, 79 FR at 18278. Antidumping Duty Order: Pure Magnesium in Refinement’’) and the ‘‘Assessment Rates’’ section, 5 Id. Granular Form from the People’s Republic of China, below. 6 Id. 66 FR 57936 (November 19, 2001). 12 See 19 CFR 351.212(b).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35312 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

date of publication of these final results Administrative Protective Order Washington, DC 20230; telephone: (202) of review. This notice also serves as a reminder 482–0410. Additionally, consistent with the to parties subject to administrative SUPPLEMENTARY INFORMATION: Department’s refinement to its protective order (‘‘APO’’) of their Background assessment practice in NME cases, responsibility concerning the because the Department determined that disposition of proprietary information On April 21, 2011, the Department TMI had no shipments of subject disclosed under APO in accordance published, and invited interested parties merchandise during the POR, any with 19 CFR 351.305(a)(3). Timely to comment on, the Preliminary 2 suspended entries that entered under written notification of the return or Results. The period of reviews is May TMI’s antidumping duty case number destruction of APO materials, or 1, 2009, through April 30, 2010. We (i.e., at that exporter’s rate) will be conversion to judicial protective order, received case and rebuttal briefs from liquidated at the PRC-wide rate.13 is hereby requested. Failure to comply various parties to these reviews. On July with the regulations and terms of an 15, 2011, the Department discontinued 3 Cash Deposit Requirements APO is a sanctionable violation. these reviews. The Department resumed these The following cash deposit We are issuing and publishing these final results and this notice in reviews effective November 29, 2013, requirements will be effective for all 4 accordance with sections 751(a)(1) and pursuant to court judgment. On March shipments of subject merchandise 777(i) of the Act. 25, 2014, we issued a post-preliminary entered, or withdrawn from warehouse, analysis in which we (1) addressed the for consumption on or after the Dated: June 16, 2014. methodology stated in the Final publication date of this notice of final Lynn Fischer Fox, Modification for Reviews 5 as it results of the administrative review, as Deputy Assistant Secretary for Policy and pertained to these administrative provided by section 751(a)(2)(C) of the Negotiations. reviews and (2) stated our intent to Act: (1) For TMI, which claimed no [FR Doc. 2014–14481 Filed 6–19–14; 8:45 am] rescind the review in part with respect shipments, the cash deposit rate will BILLING CODE 3510–DS–P to the administrative review of ball remain unchanged from the rate bearings and parts thereof from Japan.6 assigned to TMI in the most recently We invited comments from interested completed review of the company; (2) DEPARTMENT OF COMMERCE parties for the Post-Preliminary for previously investigated or reviewed Analysis.7 We received additional case International Trade Administration PRC and non-PRC exporters who are not and rebuttal briefs from interested under review in this segment of the [A–588–804, A–412–801] parties commenting on the Post- proceeding but who have separate rates, Preliminary Analysis. The Department the cash deposit rate will continue to be Ball Bearings and Parts Thereof from conducted these administrative reviews the exporter-specific rate published for Japan and the United Kingdom: Final in accordance with section 751 of the the most recent period; (3) for all PRC Results of Antidumping Duty Tariff Act of 1930, as amended (the Act). Administrative Reviews and exporters of subject merchandise that Scope of the Orders have not been found to be entitled to a Rescission of Review in Part; 2009– separate rate, the cash deposit rate will 2010 The products covered by the orders are ball bearings and parts thereof. be the PRC-wide rate of 141.49 AGENCY: Enforcement and Compliance, percent; 14 and (4) for all non-PRC Imports of these products are classified International Trade Administration, under the following Harmonized Tariff exporters of subject merchandise which Department of Commerce. have not received their own rate, the SUMMARY: On April 21, 2011, the 2 cash deposit rate will be the rate Id. Department of Commerce (the 3 See Ball Bearings and Parts Thereof From Japan applicable to the PRC exporter(s) that Department) published the preliminary and the United Kingdom: Revocation of supplied that non-PRC exporter. These Antidumping Duty Orders, 76 FR 41761 (July 15, results of the administrative reviews of deposit requirements, when imposed, 2011). the antidumping duty orders on ball 4 shall remain in effect until further See Ball Bearings and Parts Thereof From Japan bearings and parts thereof from Japan and the United Kingdom: Notice of Reinstatement notice. and the United Kingdom.1 On March 25, of Antidumping Duty Orders, Resumption of 2014, the Department issued its post- Administrative Reviews, and Advance Notification Notification to Importers of Sunset Reviews, 78 FR 76104 (December 16, preliminary analysis in these reviews. 2013). This notice serves as a final reminder For these final results, we continue to 5 See Antidumping Proceedings: Calculation of to importers of their responsibility find that sales of the subject the Weighted-Average Dumping Margin and under 19 CFR 351.402(f)(2) to file a merchandise have not been made at Assessment Rate in Certain Antidumping Duty certificate regarding the reimbursement Proceedings; Final Modification, 77 FR 8101, 8113 prices below normal value. (February 14, 2012) (Final Modification for of antidumping duties prior to DATES: Effective Date: June 20, 2014. Reviews), in which the Department stated that the liquidation of the relevant entries methodology described therein ‘‘will also be FOR FURTHER INFORMATION CONTACT: during this POR. Failure to comply with applicable to any reviews currently discontinued by Thomas Schauer, AD/CVD Operations, this requirement could result in the the Department if such reviews are continued after Office I, Enforcement and Compliance, April 16, 2012 by reason of a final and conclusive Department’s presumption that International Trade Administration, judgment of a U.S. Court.’’ See also 19 CFR 351.414. reimbursement of antidumping duties 6 U.S. Department of Commerce, 14th See the memorandum from Deputy Assistant Secretary Christian Marsh to Assistant Secretary occurred and the subsequent assessment Street and Constitution Avenue NW., of double antidumping duties. Paul Piquado entitled ‘‘Administrative Reviews of the Antidumping Duty Orders on Ball Bearings and 1 See Ball Bearings and Parts Thereof From Parts Thereof from Japan and the United Kingdom 13 See Assessment Practice Refinement, 76 FR France, Germany, Italy, Japan, and the United for the 2009–2010 Period: Post-Preliminary 65694. Kingdom: Preliminary Results of Antidumping Analysis Memorandum and Intent to Rescind a 14 See Notice of Antidumping Duty Order: Administrative and Changed-Circumstances Review in Part’’ dated March 25, 2014 (Post- Magnesium Metal From the People’s Republic of Reviews, 76 FR 22372 (April 21, 2011) (Preliminary Preliminary Analysis). China, 70 FR 19928 (April 15, 2005). Results). 7 Id.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35313

Schedule of the United States (HTSUS) Analysis of the Comments Received administrative review of ball bearings subheadings: 3926.90.45, 4016.93.10, and parts thereof from Japan in part, for 4016.93.50, 6909.19.50.10, All issues raised in the case briefs by Tsubakimoto Precision Products Co., parties to these administrative reviews 8414.90.41.75, 8431.20.00, Ltd. (Tsubakimoto). Because no are addressed in the Issues and Decision 8431.39.00.10, 8482.10.10, 8482.10.50, interested parties provided comments Memorandum. A list of the issues which concerning our intent to rescind in part, 8482.80.00, 8482.91.00, 8482.99.05, parties have raised and to which we 8482.99.35, 8482.99.25.80, we are rescinding the Japan review with have responded is in the Issues and respect to Tsubakimoto. 8482.99.65.95, 8483.20.40, 8483.20.80, Decision Memorandum and attached to 8483.30.40, 8483.30.80, 8483.50.90, this notice as an Appendix. The Issues Changes Since the Preliminary Results 8483.90.20, 8483.90.30, 8483.90.70, and Decision Memorandum is a public Based on our analysis of the 8708.50.50, 8708.60.50, 8708.60.80, document and is on file electronically comments received, we made revisions 8708.93.30, 8708.93.60.00, 8708.99.06, via Enforcement and Compliance’s and corrected programming and other 8708.99.31.00, 8708.99.40.00, Antidumping and Countervailing Duty errors in the weighted-average dumping 8708.99.49.60, 8708.99.58, Centralized Electronic Service System margins which we included in the 8708.99.80.15, 8708.99.80.80, (IA ACCESS). IA ACCESS is available to Preliminary Results and the Post- 8803.10.00, 8803.20.00, 8803.30.00, registered users at http:// Preliminary Analysis, where applicable. 8803.90.30, 8803.90.90, 8708.30.50.90, iaaccess.trade.gov and it is available to These changes, however, did not affect 8708.40.75.70, 8708.40.75.80, all parties in the Central Records Unit the final weighted-average dumping 8708.50.79.00, 8708.50.89.00, (CRU), room 7046 of the main margins for the reviewed respondents. A 8708.50.91.50, 8708.50.99.00, Department of Commerce building. In detailed discussion of each change we 8708.70.60.60, 8708.80.65.90, addition, a complete version of the made is in the company-specific 8708.93.75.00, 8708.94.75, Issues and Decision Memorandum can analysis memoranda dated concurrently 8708.95.20.00, 8708.99.55.00, be accessed directly on the internet at with this notice, which are on file 8708.99.68, and 8708.99.81.80. http://enforcement.trade.gov/frn/. The electronically via IA ACCESS and in the Although the HTSUS item numbers signed Issues and Decision CRU of the main Commerce building.9 Memorandum and the electronic above are provided for convenience and Final Results of the Reviews customs purposes, the written versions of the Issues and Decision descriptions of the scope of the orders Memorandum are identical in content. We determine that the weighted- remain dispositive. A full description of Rescission of Review in Part average dumping margins on ball the scope of the orders is contained in bearings and parts thereof exist for the the Issues and Decision Memorandum.8 In the Post-Preliminary Analysis, we period May 1, 2009, through April 30, stated our intent to rescind the 2010, at the following rates:

JAPAN

Rate Company (percent)

Asahi Seiko Co., Ltd ...... 0.00 Audi AG ...... 0.00 Bosch Corporation ...... 0.00 Bosch Packaging Technology K.K ...... 0.00 Bosch Rexroth Corporation ...... 0.00 Caterpillar Japan Ltd ...... 0.00 Caterpillar Overseas S.A.R.L ...... 0.00 Caterpillar Group Services S.A ...... 0.00 Caterpillar Brazil Ltd ...... 0.00 Caterpillar Africa Pty. Ltd ...... 0.00 Caterpillar of Australia Pty. Ltd ...... 0.00 Caterpillar S.A.R.L ...... 0.00 Caterpillar Americas Mexico, S. de R.L. de C.V ...... 0.00 Caterpillar Logistics Services China Ltd ...... 0.00 Caterpillar Mexico, S.A. de C.V ...... 0.00 Hagglunds Ltd ...... 0.00 Hino Motors Ltd ...... 0.00 JTEKT Corporation (formerly known as Koyo Seiko Co., Ltd.) ...... 0.00 Kongskilde Limited ...... 0.00 Mazda Motor Corporation ...... 0.00 Mori Seiki Co., Ltd ...... 0.00 Nachi-Fujikoshi Corporation ...... 0.00 Nissan Motor Company, Ltd ...... 0.00 NSK Ltd ...... 0.00 NTN Corporation and NTN Kongo Corporation ...... 0.00 Perkins Engines Company Limited ...... 0.00 Volkswagen AG ...... 0.00 Volkswagen Zubehor GmbH ...... 0.00

8 See the memorandum from Deputy Assistant Thereof from Japan and the United Kingdom; 2009– 9 See the company-specific final analysis Secretary Christian Marsh to Deputy Assistant 2010’’ dated concurrently with this notice and memoranda for Asahi Seiko Co., Ltd., NSK Ltd., Secretary Lynn Fischer Fox entitled ‘‘Issues and hereby adopted by this notice (Issues and Decision NTN Corporation, and NSK Bearings Europe Ltd. Decision Memorandum for the Antidumping Duty Memorandum). dated concurrently with this notice. Administrative Reviews of Ball Bearings and Parts

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35314 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

JAPAN—Continued

Rate Company (percent)

Yamazaki Mazak Trading Corporation ...... 0.00

UNITED KINGDOM

Rate Company (percent)

Alcatel Vacuum Technology ...... 0.00 Bosch Rexroth Ltd ...... 0.00 Caterpillar S.A.R.L ...... 0.00 Caterpillar Group Services S.A ...... 0.00 Caterpillar of Australia Pty Ltd ...... 0.00 Caterpillar Overseas S.A.R.L ...... 0.00 Caterpillar Marine Power UK ...... 0.00 NSK Bearings Europe Ltd ...... 0.00 Perkins Engines Company Ltd ...... 0.00 SKF (U.K.) Limited and SKF Aeroengine Bearings U.K ...... 0.00

Assessment Rates antidumping duties on future entries of II. Background subject merchandise will be required.11 III. Company Abbreviations In accordance with the Final IV. Other Abbreviations Modification for Reviews,10 we will Notifications V. AFBs Administrative Determinations and instruct U.S. Customs and Border This notice serves as a final reminder Results Protection (CBP) to liquidate the entries VI. Scope of the Orders to importers of their responsibility pertaining to these reviews without VII. Rates for Non-Selected Companies under 19 CFR 351.402(f)(2) to file a regard to antidumping duties because VIII. Sales Below Cost in the Home Market certificate regarding the reimbursement the weighted-average dumping margin IX. Discussion of the Issues of antidumping duties prior to for each respondent is zero or de 1. Whether to Use an Alternative Method liquidation of the relevant entries 2. Model Match and Differences in minimis. during this review period. Failure to Merchandise The Department clarified its comply with this requirement could 3. Billing Adjustments ‘‘automatic assessment’’ regulation on result in the Department’s presumption 4. Inventory Carrying Costs May 6, 2003. This clarification will 5. Selling, General, and Administrative that reimbursement of antidumping apply to entries of subject merchandise Expenses duties occurred and the subsequent during the period of review produced by 6. Request to Reject Factual Information assessment of doubled antidumping companies selected for individual and Targeted Dumping Analyses duties. examination in these reviews for which 7. Contemporaneous Sampled Sales This notice also serves as a reminder 8. Treatment of Repacking Expenses the reviewed companies did not know to parties subject to administrative 9. Rescission of Review for No Shipments their merchandise was destined for the protective order (APO) of their 10. Respondent Selection Methodology United States. In such instances, we will responsibility concerning the 11. Request to Terminate the instruct CBP to liquidate unreviewed disposition of proprietary information Administrative Reviews 12. 15-Day Issuance of Liquidation entries at the country-specific all-others disclosed under APO in accordance rate if there is no rate for the Instructions with 19 CFR 351.305(a)(3). Timely 13. U.S. Customer Code intermediate company(ies) involved in written notification of the return or the the transaction. For a full discussion of 14. Denial of Offsets for Non-Dumped Sales destruction of APO materials or 15. Clerical Errors this clarification, see Antidumping and conversion to judicial protective order is X. Recommendation Countervailing Duty Proceedings: hereby requested. Failure to comply Assessment of Antidumping Duties, 68 [FR Doc. 2014–14493 Filed 6–19–14; 8:45 am] with the regulations and the terms of an BILLING CODE 3510–DS–P FR 23954 (May 6, 2003). APO is a sanctionable violation. We intend to issue liquidation These final results of administrative instructions to CBP 15 days after reviews are issued and published in DEPARTMENT OF COMMERCE publication of the final results of these accordance with sections 751(a)(1) and reviews. 777(i)(1) of the Act. International Trade Administration Cash Deposit Requirements Dated: June 13, 2014. [A–570–970] Because we revoked the antidumping Lynn Fischer Fox, duty orders on ball bearings and parts Deputy Assistant Secretary, for Policy and Multilayered Wood Flooring From the thereof from Japan and the United Negotiations. People’s Republic of China: Amended Final Results of Antidumping Duty Kingdom effective September 15, 2011, Appendix no cash deposits for estimated Administrative Review; 2011–2012 I. Summary AGENCY: Enforcement and Compliance, 10 See Antidumping Proceedings: Calculation of International Trade Administration, the Weighted-Average Dumping Margin and 11 See Ball Bearings and Parts Thereof From Assessment Rate in Certain Antidumping Duty Japan and the United Kingdom: Final Results of Department of Commerce. Proceedings; Final Modification, 77 FR 8101 Sunset Reviews and Revocation of Antidumping SUMMARY: The Department of Commerce (February 14, 2012) (Final Modification). Duty Orders, 79 FR 16771 (March 26, 2014). (‘‘the Department’’) is amending the

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35315

final results of the 2011–2012 4412.39.1000; 4412.39.3000; and Negotiations from Christian Marsh, administrative review of the 4412.39.4011; 4412.39.4012; Deputy Assistant Secretary for antidumping duty order on multilayered 4412.39.4019; 4412.39.4031; Antidumping and Countervailing Duty wood flooring (‘‘MLWF’’) from the 4412.39.4032; 4412.39.4039; Operations, ‘‘Antidumping Duty People’s Republic of China (‘‘PRC’’) to 4412.39.4051; 4412.39.4052; Administrative Review: Final Results of correct ministerial errors.1 The period of 4412.39.4059; 4412.39.4061; the 2011–2012 Antidumping review (‘‘POR’’) is May 26, 2011 through 4412.39.4062; 4412.39.4069; Administrative Review of Multilayered November 30, 2012. 4412.39.5010; 4412.39.5030; Wood Flooring from the People’s DATES: Effective Date: June 20, 2014. 4412.39.5050; 4412.94.1030; Republic of China: Allegations of FOR FURTHER INFORMATION CONTACT: 4412.94.1050; 4412.94.3105; Ministerial Errors,’’ dated concurrently Magd Zalok or James Martinelli, 4412.94.3111; 4412.94.3121; with this notice which is hereby Enforcement and Compliance, Office IV, 4412.94.3131; 4412.94.3141; adopted by this notice. The Ministerial International Trade Administration, 4412.94.3160; 4412.94.3171; Error Memorandum is a public U.S. Department of Commerce, 14th 4412.94.4100; 4412.94.5100; document and is on file electronically Street and Constitution Avenue NW., 4412.94.6000; 4412.94.7000; via Enforcement and Compliance’s Washington, DC 20230; telephone: (202) 4412.94.8000; 4412.94.9000; Antidumping and Countervailing Duty 482–4162 and (202) 482–2923, 4412.94.9500; 4412.99.0600; Centralized Electronic Service System respectively. 4412.99.1020; 4412.99.1030; (‘‘IA ACCESS’’). IA ACCESS is available 4412.99.1040; 4412.99.3110; to registered users at http:// SUPPLEMENTARY INFORMATION: 4412.99.3120; 4412.99.3130; iaaccess.trade.gov and in the Central Background 4412.99.3140; 4412.99.3150; Records Unit, room 7046 of the main On May 5, 2014, the Department 4412.99.3160; 4412.99.3170; Department of Commerce building. In disclosed to interested parties its 4412.99.4100; 4412.99.5100; addition, a complete version of the calculations for the Final Results.2 On 4412.99.5105; 4412.99.5115; Ministerial Error Memorandum can be May 8, 2014, we received ministerial 4412.99.5710; 4412.99.6000; accessed directly on the Internet at error comments from Shanghai New 4412.99.7000; 4412.99.8000; http://enforcement.trade.gov/frn. The Sihe Wood Co., Ltd. and Shanghai 4412.99.9000; 4412.99.9500; signed Ministerial Error Memorandum Shenlin Corporation. Moreover, on May 4418.71.2000; 4418.71.9000; and the electronic versions of the 9, 2014, we received ministerial error 4418.72.2000; 4418.72.9500; and Ministerial Error Memorandum are comments from Fine Furniture and 9801.00.2500. identical in content. A list of the CAHP. On May 14, 2014, we received The HTSUS subheadings are provided ministerial error allegations that parties ministerial error rebuttal comments for convenience and customs purposes raised and to which we responded in from Armstrong and Fine Furniture. only; the written description of the the Ministerial Error Memorandum scope of the order is dispositive. follows as an appendix to this notice. Scope of the Order In accordance with section 751(h) of Ministerial Errors The merchandise covered by the order the Act and 19 CFR 351.224(e), we are includes MLWF, subject to certain Section 751(h) of the Tariff Act of amending the Final Results for Fine exceptions.3 The subject merchandise is 1930, as amended (‘‘the Act’’), and 19 Furniture. The revised weighted-average currently classifiable under Harmonized CFR 351.224(f) define a ‘‘ministerial dumping margin for Fine Furniture is Tariff Schedule of the United States error’’ as an error ‘‘in addition, detailed below. Fine Furniture was the (‘‘HTSUS’’) subheadings: 4412.31.0520; subtraction, or other arithmetic only mandatory respondent with a 4412.31.0540; 4412.31.0560; function, clerical error resulting from weighted-average dumping margin 4412.31.2510; 4412.31.2520; inaccurate copying, duplication, or the above de minimis; therefore, the 4412.31.4040; 4412.31.4050; like, and any similar type of separate rate respondents were assigned 4412.31.4060; 4412.31.4070; unintentional error which the Secretary a weighted-average dumping margin 4412.31.4075; 4412.31.4080; considers ministerial.’’ After analyzing equal to that of Fine Furniture.4 4412.31.5125; 4412.31.5135; the ministerial error comments and Consequently, we also revised the 4412.31.5155; 4412.31.5165; rebuttal comments, we determined, in weighted-average dumping margin for 4412.31.6000; 4412.31.9100; accordance with section 751(h) of the the separate rate respondents. The 4412.32.0520; 4412.32.0540; Act and 19 CFR 351.224(e), that we weighted-average dumping margin for 4412.32.0560; 4412.32.0565; made ministerial errors in our the PRC-wide entity is not changing as 4412.32.0570; 4412.32.2510; calculation for the Final Results. For a a result of these amended final results. 4412.32.2520; 4412.32.2525; detailed discussion of the alleged Amended Final Results of 4412.32.2530; 4412.32.3125; ministerial errors, as well as the Administrative Review 4412.32.3135; 4412.32.3155; Department’s analysis, see 4412.32.3165; 4412.32.3175; Memorandum to Lynn Fischer Fox, The amended weighted-average 4412.32.3185; 4412.32.5600; Deputy Assistant Secretary for Policy dumping margins are as follows:

1 See Multilayered Wood Flooring From the Furniture’’), Shanghai New Sihe Wood Co., Ltd., Republic of China: Allegations of Ministerial People’s Republic of China: Final Results of Shanghai Shenlin Corporation and Nanjing Minglin Errors,’’ (‘‘Ministerial Error Memorandum’’) issued Antidumping Duty Administrative Review; 2011– Wooden Industry Co. Ltd. (‘‘Minglin’’). concurrently with this notice for a full description 2012, 79 FR 26712 (May 9, 2014) (‘‘Final Results’’), 3 See Memorandum from Christian Marsh, Deputy of the Scope of the Order. and accompanying Issues and Decision Assistant Secretary for Antidumping and 4 See Multilayered Wood Flooring From the Memorandum (‘‘I&D Memo’’). Countervailing Duty Operations, to Paul Piquado, 2 The interested parties include: Armstrong Wood Assistant Secretary for Enforcement and People’s Republic of China: Final Results of Products (Kunshan) Co., Ltd. (‘‘Armstrong’’), the Compliance ‘‘Final Results of the 2011–2012 Antidumping Duty Administrative Review; 2011– Coalition for American Hardwood Parity (‘‘CAHP’’), Antidumping Administrative Review of 2012, 79 FR 26712 (May 9, 2014), at 26715. Fine Furniture (Shanghai) Limited (‘‘Fine Multilayered Wood Flooring from the People’s

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35316 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Weighted-Average Exporter dumping margin

Armstrong Wood Products (Kunshan) Co., Ltd ...... 0.00 Nanjing Minglin Wooden Industry Co. Ltd ...... 0.00 Fine Furniture (Shanghai) Limited or Double F Limited ...... 5.92 Anhui Longhua Bamboo Product Co., Ltd ...... 5.92 A&W (Shanghai) Woods Co., Ltd ...... 5.92 Baishan Huafeng Wood Product Co., Ltd ...... 5.92 Benxi Wood Company ...... 5.92 Changbai Mountain Development and Protection Zone Hongtu Wood Industrial Co., Ltd ...... 5.92 Chinafloors Timber (China) Co., Ltd ...... 5.92 Dalian Dajen Wood Co., Ltd ...... 5.92 Dalian Huilong Wooden Products Co., Ltd ...... 5.92 Dalian Kemian Wood Industry Co., Ltd ...... 5.92 Dalian Penghong Floor Products Co., Ltd ...... 5.92 Dasso Industrial Group Co., Ltd ...... 5.92 Dongtai Fuan Universal Dynamics, LLC ...... 5.92 Dunhua City Hongyuan Wood Industry Co., Ltd ...... 5.92 Dunhua City Jisen Wood Industry Co., Ltd ...... 5.92 Dunhua City Wanrong Wood Industry Co., Ltd ...... 5.92 Dunhua City Dexin Wood Industry Co., Ltd ...... 5.92 Dun Hua Sen Tai Wood Co., Ltd ...... 5.92 Fujian Wuyishan Werner Green Industry Co., Ltd ...... 5.92 Fusong Jinlong Group 5 ...... 5.92 GTP International ...... 5.92 Guangdong Fu Lin Timber Technology Limited ...... 5.92 Guangdong Yihua Timber Industry Co., Ltd ...... 5.92 Guangzhou Panyu Kangda Board Co., Ltd ...... 5.92 Guangzhou Panyu Southern Star Co., Ltd ...... 5.92 HaiLin LinJing Wooden Products, Ltd ...... 5.92 Hangzhou Hanje Tec Co., Ltd ...... 5.92 Hunchun Forest Wolf Wooden Industry Co., Ltd ...... 5.92 Huzhou Chenghang Wood Co., Ltd ...... 5.92 Huzhou Fulinmen Imp & Emp. Co., Ltd ...... 5.92 Huzhou Jesonwood Co., Ltd ...... 5.92 Huzhou Sunergy World Trade Co., Ltd ...... 5.92 Jiafeng Wood (Suzhou) Co., Ltd ...... 5.92 Jiangsu Senmao Bamboo and Wood Industry Co., Ltd ...... 5.92 Jiangsu Simba Flooring Industry Co., Ltd ...... 5.92 JiaShan FengYun Timber Company Ltd ...... 5.92 Jiashan HuiJiaLe Decoration Material Co., Ltd ...... 5.92 Jiaxing Hengtong Wood Co., Ltd ...... 5.92 Jilin Forest Industry Jinqiao Flooring Group Co., Ltd ...... 5.92 Jilin Xinyuan Wooden Industry Co., Ltd ...... 5.92 Karly Wood Product Limited ...... 5.92 Kemian Wood Industry (Kunshan) Co., Ltd ...... 5.92 Kunming Alston (AST) Wood Products Co., Ltd ...... 5.92 Kunshan Yingyi-Nature Wood Industry Co., Ltd ...... 5.92 Metropolitan Hardwood Floors, Inc ...... 5.92 Mudanjiang Bosen Wood Industry Co., Ltd ...... 5.92 Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd ...... 5.92 Pinge Timber Manufacturing (Zhejiang) Co., Ltd ...... 5.92 Puli Trading Limited ...... 5.92 Scholar Home (Shanghai) New Material Co. Ltd ...... 5.92 Shanghai Eswell Timber Co., Ltd ...... 5.92 Shanghai Lairunde Wood Co., Ltd ...... 5.92 Shanghai Lizhong Wood Products Co., Ltd./The Lizhong Wood Industry Limited Company of Shanghai ...... 5.92 Shanghai New Sihe Wood Co., Ltd ...... 5.92 Shanghai Shenlin Corporation ...... 5.92 Shenyang Senwang Wooden Industry Co., Ltd ...... 5.92 Shenzhenshi Huanwei Woods Co., Ltd ...... 5.92 Suzhou Dongda Wood Co., Ltd ...... 5.92 Xiamen Yung De Ornament Co., Ltd ...... 5.92 Xuzhou Shenghe Wood Co., Ltd ...... 5.92 Yixing Lion-King Timber Industry Co., Ltd ...... 5.92 Zhejiang Biyork Wood Co., Ltd ...... 5.92 Zhejiang Dadongwu Greenhome Wood Co., Ltd ...... 5.92 Zhejiang Desheng Wood Industry Co., Ltd ...... 5.92 Zhejiang Fudeli Timber Industry Co., Ltd ...... 5.92 Zhejiang Fuma Warm Technology Co., Ltd ...... 5.92 Zhejiang Longsen Lumbering Co., Ltd ...... 5.92 Zhejiang Shiyou Timber Co., Ltd ...... 5.92 Zhejiang Tianzhen Bamboo & Wood Development Co., Ltd ...... 5.92 Zhejiang Yongyu Bamboo Joint-Stock Co., Ltd ...... 5.92 PRC-Wide Entity 6 ...... 58.84

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35317

Disclosure liquidate all appropriate entries at an ad regarding the reimbursement of We intend to disclose the calculations valorem rate equal to weighted-average antidumping duties prior to liquidation performed for these amended final dumping margin for each respondent of the relevant entries during this POR. results to interested parties within five listed in the amended final results of Failure to comply with this requirement days of the date of publication of this this administrative review. could result in the Department’s notice in accordance with 19 CFR On October 24, 2011, the Department presumption that reimbursement of 351.224(b). announced a refinement to its antidumping duties has occurred and assessment practice in non-market the subsequent assessment of doubled Assessment Rates economy (‘‘NME’’) cases. Pursuant to antidumping duties. Pursuant to section 751(a)(2)(A) of the this refinement in practice, for entries Act, and 19 CFR 351.212(b), the that were not reported in the U.S. sales Administrative Protective Orders Department will determine, and U.S. databases submitted by companies Customs and Border Protection (‘‘CBP’’) individually examined during this This notice also serves as a reminder shall assess, antidumping duties on all review, the Department will instruct to parties subject to administrative appropriate entries covered by this CBP to liquidate such entries at the rate protective order (‘‘APO’’) of their review. The Department intends to issue for the NME-wide entity. In addition, if responsibility concerning the return or assessment instructions to CBP 15 days the Department determines that an destruction of proprietary information after the publication date of the exporter under review had no disclosed under APO in accordance amended final results of this shipments of the subject merchandise, with 19 CFR 351.305, which continues administrative review. any suspended entries that entered to govern business proprietary For Armstrong, Fine Furniture, and under that exporter’s case number (i.e., information in this segment of the Minglin, the Department calculated at that exporter’s rate) will be liquidated proceeding. Timely written notification 7 importer-specific assessment rates based at the rate for the NME-wide entity. of the return or destruction of APO on the ratio of the total amount of Cash Deposit Requirements materials, or conversion to judicial dumping calculated for the importer’s The following cash deposit protective order, is hereby requested. examined sales and the total entered Failure to comply with the regulations value of those sales. We will instruct requirements will be effective on any entries made after the date of and terms of an APO is a violation CBP to assess antidumping duties on all which is subject to sanction. appropriate entries covered by this publication of these amended final review when the importer-specific results for all shipments of the subject These amended final results are assessment rate is not zero or de merchandise entered, or withdrawn published in accordance with sections minimis (i.e., less than 0.5 percent). from warehouse, for consumption on or 751(h) and 777(i)(1) of the Act. Where an importer-specific assessment after the publication date of the amended final results of this Dated: June 16, 2014. rate is zero or de minimis, we will Lynn Fischer Fox, instruct CBP to liquidate the appropriate administrative review, as provided for entries without regard to antidumping by section 751(a)(2)(C) of the Act: (1) Deputy Assistant Secretary for Policy and duties. For the exporters identified above, the Negotiations. cash deposit rate will be equal to their For all separate rate respondents, the Appendix—Ministerial Error Department will instruct CBP to weighted-average dumping margin in these amended final results of review; Memorandum 5 The following companies are collectively known (2) for previously investigated or Summary as The Fusong Jinlong Group (‘‘Fusong Jinlong reviewed PRC and non-PRC exporters Legal Authority Group’’): Dalian Qianqiu Wooden Product Co., Ltd.; that received a separate rate in a Scope of the Order Fusong Jinlong Wooden Group Co., Ltd.; Fusong Jinqiu Wooden Product Co., Ltd.; and Fusong previously completed segment of this Discussion of the Allegations Qianqiu Wooden Products Co., Ltd. proceeding, the cash deposit rate will Allegation 1: Conversions Used in the 6 The following companies were named in the continue to be the existing exporter- Valuation of Certain Inputs Initiation Notice but did not submit a certification specific rate; (3) for all PRC exporters of Allegation 2: Basis for the VAT Calculation of no shipment, separate rate application or subject merchandise that have not been Allegation 3: The Inclusion of Double F separate rate certification; therefore the Department has determined that they are part of the PRC-wide found to be entitled a separate rate, the Limited in the Federal Register entity: Baiying Furniture Manufacturer Co., Ltd.; cash deposit rate will be that for the Allegation 4: Whether the Department Dazhuang Floor Co. (dba Dasso Industrial Group PRC-wide entity (i.e., 58.84 percent); Incorrectly Treated Indirect Wages in Co., Ltd.); Dunhua Jisheng Wood Industry Co., Ltd; Financial Ratio Calculations Fu Lik Timber (HK) Co., Ltd.; Furnco International and (4) for all non-PRC exporters of (HK) Company Limited; Fusong Qianqiu Wooden subject merchandise which have not Allegation 5: Whether the Department Group Co., Ltd.; Guangdong Jiasheng Timber received their own rate, the cash deposit Incorrectly Attributed Arguments Industry Co., Ltd.; Guanghzhou Panyu Shatou rate will be the rate applicable to the Regarding Richmond Plywood Trading Co., Ltd.; Huzhou Fuma Wood Bus. Co., Corporation Ltd.; Jiazing Brilliant Import & Export Co., Ltd.; Puli PRC exporter that supplied that non- Trading Co., Ltd.; Sennorwell International Group PRC exporter. These deposit Allegation 6: Whether the Department (Hong Kong) Limited; Shanghai Demeijia Wooden requirements, when imposed, shall Incorrectly Summarized Fine Furniture’s Co., Ltd.; Shenyang Haobainian Wood Co.; remain in effect until further notice. Argument Regarding Winlex Shenyang Sende Wood Co., Ltd.; Suzhou Anxin Allegation 7: Whether the Department Weiguang Timber Co., Ltd.; Yekalon Industry, Inc.; Reimbursement of Duties Zhejiang AnJi XinFeng Bamboo & Wood Co., Ltd.; Overlooked Record Evidence Regarding Zhejiang Haoyun Wood Co., Ltd.; Zhejiang Jeson This notice also serves as a final Industrial Plywood Wood Co., Ltd.; and Zhejiang Jiechen Wood reminder to importers of their Allegation 8: Whether the Department Used Industry Co., Ltd. See Initiation of Antidumping responsibility under 19 CFR the Correct Name for Separate Rate and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 6291 351.402(f)(2) to file a certificate Respondents Recommendation (January 30, 2013); see also Initiation of [FR Doc. 2014–14491 Filed 6–19–14; 8:45 am] Antidumping and Countervailing Duty 7 For a full discussion of this practice, see Non- Administrative Reviews and Request for Revocation Market Economy Antidumping Proceedings: BILLING CODE 3510–DS–P in Part, 78 FR 13633 (February 28, 2013) Assessment of Antidumping Duties, 76 FR 65694 (‘‘Initiation Notice’’). (October 24, 2011).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00008 Fmt 4703 Sfmt 9990 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35318 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

DEPARTMENT OF COMMERCE appointment, during normal business Dated: June 16, 2014. hours by calling (503) 230–5418. Angela Somma, National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Chief, Endangered Species Division, Office Administration Allyson Purcell at (503) 736–4736 or of Protected Resources, National Marine Fisheries Service. RIN 0648–XD342 email: [email protected]. SUPPLEMENTARY INFORMATION: [FR Doc. 2014–14433 Filed 6–19–14; 8:45 am] Endangered and Threatened Species; BILLING CODE 3510–22–P Species Covered in This Notice Take of Anadromous Fish Chinook salmon (Oncorhynchus AGENCY: National Marine Fisheries tshawytscha): endangered, naturally DEPARTMENT OF COMMERCE Service (NMFS), National Oceanic and produced and artificially propagated Atmospheric Administration (NOAA), Upper Columbia River spring-run. National Oceanic and Atmospheric Commerce. Steelhead (Oncorhynchus mykiss): Administration ACTION: Notice of availability and threatened, naturally produced and RIN 0648–XD335 request for comment. artificially propagated Upper Columbia. Background Fisheries of the Exclusive Economic SUMMARY: Notice is hereby given that Zone Off Alaska; Stock Assessment of NMFS has prepared a draft Section 9 of the ESA and Federal Bering Sea/Aleutian Islands Atka supplemental environmental assessment regulations prohibit the ‘‘taking’’ of a Mackerel; Peer Review Meeting under the National Environmental species listed as endangered or Policy Act (NEPA) of the potential threatened. The term ‘‘take’’ is defined AGENCY: National Marine Fisheries effects of the operation of five Hatchery under the ESA to mean harass, harm, Service (NMFS), National Oceanic and and Genetic Management Plans (plans) pursue, hunt, shoot, wound, kill, trap, Atmospheric Administration (NOAA), specifying the propagation of five capture, or collect, or to attempt to Commerce. species of salmon and steelhead in the engage in any such conduct. NMFS may ACTION: Notice of peer review meeting. Elwha River of Washington state. The issue permits to take listed species for plans were prepared and submitted any act otherwise prohibited by section SUMMARY: NMFS has requested the jointly by the Lower Elwha Klallam 9 for scientific purposes or to enhance Center for Independent Experts (CIE) to Tribe and the Washington Department the propagation or survival of the conduct a peer review of the agency’s of Fish and Wildlife (WDFW). All affected species, under section stock assessment of Bering Sea/Aleutian comments and other information 10(a)(1)(A) of the ESA. NMFS Islands Atka mackerel. The CIE is a received will become part of the public regulations governing permits for group that provides independent peer record and will be available for review threatened and endangered species are reviews of NMFS science nationwide, pursuant to section 10(c) of the ESA. promulgated at 50 CFR 222.307. including reviews of stock assessments The Lower Elwha Klallam Tribe and for fish and marine mammals. The CIE DATES: Comments and other the WDFW submitted plans to NMFS for review will examine whether the submissions must be received at the five jointly operated hatchery programs assessment incorporates the best appropriate address or fax number (see in the Elwha River basin. The plans available scientific information and ADDRESSES) no later than 5 p.m. Pacific were submitted pursuant to limit 6 of provides a reasonable approach to time on July 21, 2014. the ESA 4(d) Rule for the listed Puget understanding the population dynamics ADDRESSES: Written responses to the Sound Chinook salmon evolutionarily and stock status of Bering Sea/Aleutian draft supplemental environmental significant unit (ESU) and listed Puget Islands Atka mackerel. The public is assessment should be sent to Allyson Sound steelhead distinct population invited to attend and observe the Purcell, National Marine Fisheries segment (DPS). Two of the hatchery presentations and discussions between Services, Sustainable Fisheries Division, programs release ESA-listed Chinook the CIE panel and the NMFS scientists 1201 N.E. Lloyd Boulevard, Suite 1100, salmon and steelhead, and three who collected and processed the data, Portland, OR 97232. Comments may hatchery programs release non-ESA and designed the underlying model. also be submitted by email to: listed coho, fall chum, and pink salmon DATES: The review will be held July 29 [email protected]. Include into the Elwha River watershed. All of through July 31, 2014, from 9 a.m. to 5 in the subject line of the email comment the programs are currently operating, p.m. Pacific Daylight Time. the following identifier: Comments on and all five hatchery programs raise fish ADDRESSES: The review will be held at the Elwha Hatcheries Assessment. native to the Elwha River basin. The When commenting on the draft the NMFS Alaska Fisheries Science current draft supplemental Center, 7600 Sand Point Way NE., supplemental environmental environmental assessment was prepared assessment, please refer to the specific Building 4, Seattle, WA, 98115, in to more clearly describe the potential conference room 2039. page number and line number of the effects of an alternative involving subject of your comment. Comments production levels substantially reduced FOR FURTHER INFORMATION CONTACT: may also be sent via facsimile (fax) to from those described in the plans. Sandra Lowe, 206–526–4230, or Jim (503) 872–2737. Requests for copies of Ianelli, 206–526–6510. the draft supplemental environmental Authority SUPPLEMENTARY INFORMATION: The CIE assessment should be directed to the NEPA requires Federal agencies to panel will consist of three peer National Marine Fisheries Services, conduct an environmental analysis of reviewers who will assess materials Sustainable Fisheries Division, 1201 their proposed actions to determine if related to the topic, participate in a N.E. Lloyd Boulevard, Suite 1100, the actions may affect the human review workshop with the NMFS Portland, OR 97232. The documents are environment. Therefore, NMFS is scientists who developed the model and also available on the Internet at seeking public input on the scope of the the analytical approach, and produce a www.westcoast.fisheries.noaa.gov. required NEPA analysis, including the report. This review will be highly Comments received will also be range of reasonable alternatives and technical in nature and will cover available for public inspection, by associated impacts of any alternatives. mathematical details of the analytical

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35319

approach. Members of the public are the additions on the current or most NSN: MR 383—Server, Beverage, w Spout, invited to observe, and will be provided recent contractors, the Committee has 1.25G opportunities to contribute on July 29. determined that the products and NSN: MR 1096—Rack, Storage, Broom and The final report is due to the NMFS services listed below are suitable for Mop, Metal contractor officer’s representative (COR) NSN: MR 1097—Utility Knife, Light Duty, procurement by the Federal Government Retractable on August 29, 2014, and will consist of under 41 U.S.C. 8501–8506 and 41 CFR NPA: Industries for the Blind, Inc., West individual reports from each panelist. 51–2.4. Allis, WI The NMFS COR will distribute the final Regulatory Flexibility Act Certification Contracting Activity: Defense Commissary CIE reports to the Alaska Fisheries Agency, Fort Lee, VA Science Center by September 5, 2014. I certify that the following action will Coverage: C-List for the requirements of not have a significant impact on a military commissaries and exchanges as Special Accommodations substantial number of small entities. aggregated by the Defense Commissary The review will be physically The major factors considered for this Agency, Fort Lee, VA. accessible to people with disabilities. certification were: NSN: MR 333—Utensil, Splitter, Mango Requests for sign language 1. The action will not result in any NSN: MR 334—Turner, Omelet interpretation or other auxiliary aids additional reporting, recordkeeping or NSN: MR 337—Scrubber Brush, Produce should be directed to Jennifer other compliance requirements for small NSN: MR 830—Spinner, Salad Ferdinand, (206) 526–4076, at least 5 entities other than the small NPA: Cincinnati Association for the Blind, working days prior to the meeting date. organizations that will furnish the Cincinnati, OH products and services to the Contracting Activity: Defense Commissary Dated: June 17, 2014. Agency, Fort Lee, VA Government. Emily H. Menashes, Coverage: C-List for the requirements of 2. The action will result in military commissaries and exchanges as Acting Director, Office of Sustainable authorizing small entities to furnish the Fisheries, National Marine Fisheries Service. aggregated by the Defense Commissary products and services to the Agency, Fort Lee, VA. [FR Doc. 2014–14477 Filed 6–19–14; 8:45 am] Government. NSN: MR 10640—Bowl, Dressing Dispenser, BILLING CODE 3510–22–P 3. There are no known regulatory Salad alternatives which would accomplish NPA: Winston-Salem Industries for the the objectives of the Javits-Wagner- Blind, Inc., Winston-Salem, NC COMMITTEE FOR PURCHASE FROM O’Day Act (41 U.S.C. 8501–8506) in Contracting Activity: Defense Commissary PEOPLE WHO ARE BLIND OR connection with the products and Agency, Fort Lee, VA SEVERELY DISABLED services proposed for addition to the Coverage: C-List for the requirements of Procurement List. military commissaries and exchanges as Procurement List; Additions aggregated by the Defense Commissary End of Certification Agency, Fort Lee, VA. AGENCY: Committee for Purchase From Accordingly, the following products People Who Are Blind or Severely Premium Grade Screwdrivers and services are added to the Disabled. NSN: 5120–00–NIB–0072—3⁄16w Slotted Tip, Procurement List: ″ ACTION: Additions to the Procurement Premium Grade, 3 1 List. Products NSN: 5120–00–NIB–0073— ⁄4w Slotted Tip, Premium Grade, 4″ NSN: 7350–00–290–0586—Cup, Disposable, NSN: 5120–00–NIB–0074—5⁄16w Slotted Tip, SUMMARY: This action adds products and Paper, Hot Food, 16 oz, White ″ services to the Procurement List that NSN: 7350–00–926–9233—Plate, Paper, Premium Grade, 6 NSN: 5120–00–NIB–0075—3⁄8w Slotted Tip, will be furnished by nonprofit agencies Disposable, 3-Compartmented Tray, ″ Rectangular, White, 8″ x 10″ Premium Grade, 8 employing persons who are blind or NSN: 5120–00–NIB–0076—7⁄16w Slotted Tip, have other severe disabilities. NPA: The Lighthouse for the Blind in New ″ Orleans, Inc., New Orleans, LA Premium Grade, 10 1 DATES: Effective Date: 7/21/2014. Contracting Activity: General Services NSN: 5120–00–NIB–0077— ⁄4w Slotted Tip, 7 ″ ADDRESSES: Committee for Purchase Administration, Fort Worth, TX Premium Grade, 1- ⁄8 NSN: 5120–00–NIB–0078—#1 Phillips, From People Who Are Blind or Severely Coverage: A-List for the Total Government ″ Requirement as aggregated by the Premium Grade, 3 Disabled, 1401 S. Clark Street, Suite NSN: 5120–00–NIB–0079—#2 Phillips, 10800, Arlington, Virginia, 22202–4149. General Services Administration, Fort ″ Worth, TX. Premium Grade, 4 FOR FURTHER INFORMATION CONTACT: NSN: 5120–00–NIB–0080—#2 Phillips, Barry S. Lineback, Telephone: (703) NSN: MR 592—Pad, Cleaning, Sponge and Premium Grade, 8″ 603–7740, Fax: (703) 603–0655, or email Eraser, 2PK NSN: 5120–00–NIB–0081—#3 Phillips, NPA: New York City Industries for the Blind, ″ [email protected]. Premium Grade, 6 Inc., Brooklyn, NY NSN: 5120–00–NIB–0082—#4 Phillips, SUPPLEMENTARY INFORMATION: Contracting Activity: Defense Commissary Premium Grade, 6″ Agency, Fort Lee, VA Additions NSN: 5120–00–NIB–0083—#2 Phillips, Coverage: C-List for the requirements of Premium Grade, 1-1⁄2 military commissaries and exchanges as 3 3 On 1/31/2014 (79 FR 5383); 4/21/2014 NSN: 5120–00–NIB–0084—Set, ⁄16– ⁄8w (79 FR 22104–22105); 4/25/2014 (79 FR aggregated by the Defense Commissary Slotted Tip, Premium Grade, 6PC 22951–22952); 5/2/2014 (79 FR 25115); Agency, Fort Lee, VA. NSN: 5120–00–NIB–0085—Set, Phillips, and 5/16/2014 (79 FR 28490–28491), the NSN: MR 339—Slicer, Banana, Plastic Premium Grade, 6PC Committee for Purchase From People NSN: MR 340—Fruit Slicer, Round NSN: 5120–00–NIB–0086—Set, Assorted, Who Are Blind or Severely Disabled NSN: MR 341—Food Chopper, Double Premium Grade, 7PC published notices of proposed additions Bladed, Stainless NPA: Industries for the Blind, Inc., West NSN: MR 362—Set, Salad Bowl, Event Allis, WI to the Procurement List. Serverware Contracting Activity: General Services After consideration of the material NSN: MR 363—Set, Pitcher and Tumbler, Administration, Tools Acquisition presented to it concerning capability of Event Serverware Division I, Kansas City, MO qualified nonprofit agencies to provide NSN: MR 364—Set, Ice Bucket and Goblet, Coverage: B-List for the Broad Government the products and services and impact of Event Serverware Requirement as aggregated by the

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35320 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

General Services Administration, Kansas Comments Must Be Received On Or Contracting Activity: Department of City, MO. Before: 7/21/2014. Agriculture Forest Service, WO–AQM IT Support, Albuquerque, NM Services ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Service Type/Location: Janitorial, Grounds Service Type/Locations: Building Operations and Refuse Collection Service and Maintenance Service Disabled, 1401 S. Clark Street, Suite U.S. Air Force, Arnold Air Force Base, 100 GSA, PBS, Region 2, Theodore Roosevelt 10800, Arlington, Virginia 22202–4149. Kindel Drive, Arnold AFB, TN US Courthouse, South Wing, Emanuel FOR FURTHER INFORMATION CONTACT: NPA: CW Resources, Inc., New Britain, CT Celler US Courthouse, North Wing, 225 Barry S. Lineback, Telephone: (703) Cadman Plaza East, Brooklyn, NY Contracting Activity: Dept of the Air Force, GSA, PBS, Region 2, U.S. Post Office and 603–7740, Fax: (703) 603–0655, or email FA9101 AEDC PKP, Procurement Conrad B. Duberstein Bankruptcy [email protected]. Branch, Arnold AFB, TN Courthouse, 271 Cadman Plaza East, SUPPLEMENTARY INFORMATION: This Service Type/Location: Contact Center Brooklyn, NY notice is published pursuant to 41 Service NPA: Fedcap Rehabilitation Services, Inc., U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its Centers for Medicare and Medicaid New York, NY purpose is to provide interested persons Services, 7500 Security Boulevard, Contracting Activity: GSA/Public Buildings Baltimore, MD Service, Brooklyn, NY an opportunity to submit comments on NPA: InspiriTec, Inc., Philadelphia, PA the proposed actions. Service Type/Location: Janitorial Service Contracting Activity: Department of Health U.S. Coast Guard, Air Station Atlantic City, Additions and Human Services, Centers for William J. Hughes Federal Aviation Medicare and Medicaid Services, Administration Technical Center, If the Committee approves the Baltimore, MD proposed additions, the entities of the Atlantic City International Airport, FAA Barry S. Lineback, Technical Center, Building 350, Egg Federal Government identified in this Harbor Township, NJ notice will be required to procure the Director, Business Operations. NPA: Fedcap Rehabilitation Services, Inc., products and services listed below from [FR Doc. 2014–14463 Filed 6–19–14; 8:45 am] New York, NY nonprofit agencies employing persons BILLING CODE 6353–01–P Contracting Activity: Department of who are blind or have other severe Homeland Security, U.S. Coast Guard, Base Portsmouth, Portsmouth, VA disabilities. The following products and services DEPARTMENT OF DEFENSE Service Type/Location: Healthcare are proposed for addition to the Housekeeping and Related Service Department of the Army; Army Corps U.S. Army Medical Command, Madigan Procurement List for production by the Army Medical Center and affiliated nonprofit agencies listed: of Engineers Medical Treatment Facilities, Joint Base Products Lewis-McChord, WA Notice of Solicitation of Applications NPA: HHI Services Inc., San Antonio, TX Cover, Toilet Seat, Disposable, Paper for Stakeholder Representative Contracting Activity: Dept of the Army, NSN: 8540–00–965–5790—Quarter-Folded Members of the Missouri River W40M USA MEDCOM HCAA, Fort Sam NSN: 8540–00–NIB–0060—Half-Folded Recovery Implementation Committee Houston, TX NPA: Outlook-Nebraska, Inc., Omaha, NE AGENCY: Department of the Army, U.S. Service Type/Location: Warehouse Service Contracting Activity: General Services Social Security Administration, Administration, New York, NY Army Corps of Engineers, DoD. Birmingham Social Security Center, 1200 Coverage: A-List for the Total Government ACTION: Notice. Rev. Abraham Woods, Jr. Blvd., Requirement as aggregated by the Birmingham, AL General Services Administration, New SUMMARY: The Commander of the NPA: Alabama Goodwill Industries, Inc., York, NY. Northwestern Division of the U.S. Army Birmingham, AL Corps of Engineers (Corps) is soliciting Contracting Activity: Social Security Measuring Tool, Set, Machinist’s, MMTS applications to fill vacant stakeholder Administration, HDQTRS—Office of NSN: 5280–00–NIB–9919 representative member positions on the Acquisition & Grants, Baltimore, MD NPA: Industries for the Blind, Inc., Missouri River Recovery Milwaukee, WI Implementation Committee (MRRIC). Barry S. Lineback, Contracting Activity: Army Contracting Director, Business Operations. Command—U.S. Army Tank and Members are sought to fill vacancies on [FR Doc. 2014–14464 Filed 6–19–14; 8:45 am] Automotive Command, Warren, MI a committee to represent various BILLING CODE 6353–01–P Coverage: C-List for 100% of the categories of interests within the requirements of the U.S. Army as Missouri River basin. The MRRIC was aggregated by Army Contracting formed to advise the Corps on a study COMMITTEE FOR PURCHASE FROM Command—U.S. Army Tank and of the Missouri River and its tributaries PEOPLE WHO ARE BLIND OR Automotive Command, Warren, MI. and to provide guidance to the Corps SEVERELY DISABLED Services with respect to the Missouri River Service Type/Location: Administrative recovery and mitigation activities Procurement List; Proposed Additions Contract Close-Out Support Service currently underway. The Corps Consumer Financial Protection Bureau, established the MRRIC as required by AGENCY: Committee for Purchase From 1625 Eye Street NW., Washington, DC the U.S. Congress through the Water People Who Are Blind or Severely NPA: ServiceSource, Inc., Alexandria, VA Resources Development Act of 2007 Disabled. Contracting Activity: Department of Treasury, (WRDA), Section 5018. ACTION: Proposed Additions to the Bureau of the Fiscal Service, PSB 3, DATES: The agency must receive Procurement List. Parkersburg, WV completed applications and Service Type/Location: IT Service Desk SUMMARY: The Committee is proposing Support Service endorsement letters no later than July to add products and services to the U.S. Department of Agriculture Forest 25, 2014. Procurement List that will be furnished Service, 101B Sun Avenue NE., Suite ADDRESSES: Mail completed by nonprofit agencies employing 200, Albuquerque, NM applications and endorsement letters to persons who are blind or have other NPA: Peckham Vocational Industries, Inc., U.S. Army Corps of Engineers, Omaha severe disabilities. Lansing, MI District (Attn: MRRIC), 1616 Capitol

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35321

Avenue, Omaha, NE 68102–4901 or Administrative Support. To the extent they may have involving MRRIC. email completed applications to info@ authorized by law and subject to the Applicants must disclose on their mrric.org. Please put ‘‘MRRIC’’ in the availability of appropriations, the Corps application if they are directly subject line. provides funding and administrative employed by a government agency or FOR FURTHER INFORMATION CONTACT: support for the Committee. program (the term ‘‘government’’ Mary S. Roth, 402–995–2919. Committee Membership. Federal encompasses state, tribal, and federal agencies with programs affecting the SUPPLEMENTARY INFORMATION: The agencies and/or programs). operation of the MRRIC is in the public Missouri River may be members of the Applications for stakeholder interest and provides support to the MRRIC through a separate process with membership may be obtained Corps in performing its duties and the Corps. States and Federally electronically at www.MRRIC.org. responsibilities under the Endangered recognized Native American Indian Applications may be emailed or mailed Species Act, 16 U.S.C. 1531 et seq.; Sec. tribes, as described in the Charter, are to the location listed (see ADDRESSES). In 601(a) of the Water Resources eligible for Committee membership order to be considered, each application Development Act (WRDA) of 1986, through an appointment process. must include: 1. The name of the applicant and the Public Law 99–662; Sec. 334(a) of Interested State and Tribal government primary stakeholder interest category WRDA 1999, Public Law 106–53, and representatives should contact the Corps for information about the appointment that person is qualified to represent; Sec. 5018 of WRDA 2007, Public Law 2. A written statement describing the 110–114. The Federal Advisory process. This Notice is for individuals applicant’s area of expertise and why Committee Act, 5 U.S.C. App. 2, does interested in serving as a stakeholder the applicant believes he or she should not apply to the MRRIC. member on the Committee. Members be appointed to represent that area of A Charter for the MRRIC has been expertise on the MRRIC; developed and should be reviewed prior and alternates must be able to demonstrate that they meet the 3. A written statement describing how to applying for a stakeholder the applicant’s participation as a representative membership position on definition of ‘‘stakeholder’’ found in the Charter of the MRRIC. Applications are Stakeholder Representative will fulfill the Committee. The Charter, operating the roles and responsibilities of MRRIC; procedures, and stakeholder application currently being accepted for representation in the stakeholder 4. A written description of the forms are available electronically at applicant’s past experience(s) working www.MRRIC.org. interest categories listed below: a. Agriculture; collaboratively with a group of Purpose and Scope of the Committee b. Conservation Districts; individuals representing varied interests c. Fish and Wildlife; towards achieving a mutual goal, and 1. The primary purpose of the MRRIC d. Flood Control; the outcome of the effort(s); is to provide guidance to the Corps and e. Hydropower; 5. A written description of the U.S. Fish and Wildlife Service with f. Irrigation; communication network that the respect to the Missouri River recovery g. Navigation; applicant plans to use to inform his or and mitigation plan currently in h. Recreation; her constituents and to gather their existence, including recommendations i. Thermal Power; feedback, and relating to changes to the j. Water Supply; and 6. A written endorsement letter from implementation strategy from the use of k. At Large. an organization, local government body, adaptive management; coordination of Terms of stakeholder representative or formal constituency, which the development of consistent policies, members of the MRRIC are three years. demonstrates that the applicant strategies, plans, programs, projects, There is no limit to the number of terms represents an interest group(s) in the activities, and priorities for the Missouri a member may serve. Incumbent Missouri River basin. River recovery and mitigation plan. Committee members seeking To be considered, the application Information about the Missouri River reappointment do not need to re-submit must be complete and received by the Recovery Program is available at an application. However, they must close of business on July 25, 2014, at the www.MoRiverRecovery.org. submit a renewal letter and related location indicated (see ADDRESSES). 2. Other duties of MRRIC include materials as outlined in the Applications must include an exchange of information regarding ‘‘Streamlined Process for Existing endorsement letter to be considered programs, projects, and activities of the Members’’ portion of the document complete. Full consideration will be agencies and entities represented on the Process for Filling MRRIC Stakeholder given to all complete applications Committee to promote the goals of the Vacancies (www.MRRIC.org). received by the specified due date. Missouri River recovery and mitigation Members and alternates of the Application Review Process. plan; establishment of such working Committee will not receive any Committee stakeholder applications will groups as the Committee determines to compensation from the federal be forwarded to the current members of be necessary to assist in carrying out the government for carrying out the duties the MRRIC. The MRRIC will provide duties of the Committee, including of the MRRIC. Travel expenses incurred membership recommendations to the duties relating to public policy and by members of the Committee are not Corps as described in Attachment A of scientific issues; facilitating the currently reimbursed by the federal the Process for Filling MRRIC resolution of interagency and government. Stakeholder Vacancies document intergovernmental conflicts between Application for Stakeholder (www.MRRIC.org). The Corps is entities represented on the Committee Membership. Persons who believe that responsible for appointing stakeholder associated with the Missouri River they are or will be affected by the members. The Corps will consider recovery and mitigation plan; Missouri River recovery and mitigation applications using the following criteria: coordination of scientific and other activities may apply for stakeholder • Ability to commit the time required. research associated with the Missouri membership on the MRRIC. Committee • Commitment to make a good faith River recovery and mitigation plan; and members are obligated to avoid and (as defined in the Charter) effort to seek annual preparation of a work plan and disclose any individual ethical, legal, balanced solutions that address multiple associated budget requests. financial, or other conflicts of interest interests and concerns.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35322 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

• Agreement to support and adhere to comments during the comment period for service delivery, and program the approved MRRIC Charter and in this mailbox when the regulations.gov evaluation. The regulations also Operating Procedures. site is not available. Written requests for establish minimum requirements for • Demonstration of a formal information or comments submitted by documenting eligibility, re-interviewing, designation or endorsement by an postal mail or delivery should be and establishing a system of quality organization, local government, or addressed to the Director of the controls. The Secretary will use the constituency as its preferred Information Collection Clearance information collected to monitor the representative. Division, U.S. Department of Education, accuracy of program eligibility • Demonstration of an established 400 Maryland Avenue SW., LBJ, determinations, make needed communication network to keep Mailstop L–OM–2–2E319, Room 2E115, improvements, and adjust State Migrant constituents informed and efficiently Washington, DC 20202. Education Program (MEP) allocations seek their input when needed. FOR FURTHER INFORMATION CONTACT: For based on reported defect rates. • Agreement to participate in specific questions related to collection Dated: June 16, 2014. collaboration training as a condition of activities, please contact Andrew Brake, Tomakie Washington, membership. All applicants will be 202–260–0998. notified in writing as to the final Acting Director, Information Collection SUPPLEMENTARY INFORMATION: The decision about their application. Clearance Division, Privacy, Information and Certification. I hereby certify that the Department of Education (ED), in Records Management Services, Office of Management. establishment of the MRRIC is necessary accordance with the Paperwork and in the public interest in connection Reduction Act of 1995 (PRA) (44 U.S.C. [FR Doc. 2014–14423 Filed 6–19–14; 8:45 am] with the performance of duties imposed 3506(c)(2)(A)), provides the general BILLING CODE 4000–01–P on the Corps by the Endangered Species public and Federal agencies with an Act and other statutes. opportunity to comment on proposed, revised, and continuing collections of DEPARTMENT OF EDUCATION Dated: June 12, 2014. information. This helps the Department [Docket No. ED–2014–ICCD–0093] Mary S. Roth, assess the impact of its information Project Manager for the Missouri River, collection requirements and minimize Agency Information Collection Recovery Implementation Committee the public’s reporting burden. It also Activities; Comment Request; Annual (MRRIC). helps the public understand the Report of Children in State Agency and [FR Doc. 2014–14456 Filed 6–19–14; 8:45 am] Department’s information collection Locally Operated Institutions for BILLING CODE 3720–58–P requirements and provide the requested Neglected and Delinquent Children data in the desired format. ED is soliciting comments on the proposed AGENCY: Office of Elementary and DEPARTMENT OF EDUCATION information collection request (ICR) that Secondary Education (OESE), Department of Education (ED). [Docket No. ED–2014–ICCD–0092] is described below. The Department of Education is especially interested in ACTION: Notice. public comment addressing the Agency Information Collection SUMMARY: In accordance with the following issues: (1) Is this collection Activities; Comment Request; Migrant Paperwork Reduction Act of 1995 (44 necessary to the proper functions of the Education Program Regulations and U.S.C. chapter 3501 et seq.), ED is Department; (2) will this information be Certificate of Eligibility proposing a revision of an existing processed and used in a timely manner; information collection. AGENCY: Office of Elementary and (3) is the estimate of burden accurate; Secondary Education (OESE), (4) how might the Department enhance DATES: Interested persons are invited to Department of Education (ED). the quality, utility, and clarity of the submit comments on or before August ACTION: Notice. information to be collected; and (5) how 19, 2014. might the Department minimize the ADDRESSES: Comments submitted in SUMMARY: In accordance with the burden of this collection on the response to this notice should be Paperwork Reduction Act of 1995 (44 respondents, including through the use submitted electronically through the U.S.C. chapter 3501 et seq.), ED is of information technology. Please note Federal eRulemaking Portal at http:// proposing an extension of an existing that written comments received in www.regulations.gov by selecting information collection. response to this notice will be Docket ID number ED–2014–ICCD–0093 DATES: Interested persons are invited to considered public records. or via postal mail, commercial delivery, submit comments on or before August Title of Collection: Migrant Education or hand delivery. If the regulations.gov 19, 2014. Program Regulations and Certificate of site is not available to the public for any ADDRESSES: Comments submitted in Eligibility. reason, ED will temporarily accept response to this notice should be OMB Control Number: 1810–0662. comments at [email protected]. submitted electronically through the Type of Review: An extension of an Please note that comments submitted by Federal eRulemaking Portal at http:// existing information collection. fax or email and those submitted after www.regulations.gov by selecting Respondents/Affected Public: the comment period will not be Docket ID number ED–2014–ICCD–0092 Individuals or households, State, Local, accepted; ED will ONLY accept or via postal mail, commercial delivery, or Tribal Governments. comments during the comment period or hand delivery. If the regulations.gov Total Estimated Number of Annual in this mailbox when the regulations.gov site is not available to the public for any Responses: 150,847. site is not available. Written requests for reason, ED will temporarily accept Total Estimated Number of Annual information or comments submitted by comments at [email protected]. Burden Hours: 278,593. postal mail or delivery should be Please note that comments submitted by Abstract: The regulations for Title I, addressed to the Director of the fax or email and those submitted after Part C establish minimum requirements Information Collection Clearance the comment period will not be for a State Educational Agency (SEA) Division, U.S. Department of Education, accepted; ED will ONLY accept comprehensive needs assessment, plan 400 Maryland Avenue SW., LBJ,

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35323

Mailstop L–OM–2–2E319, Room 2E115, Act of 1965, as amended, for school existing charter schools by substantially Washington, DC 20202. years 2015–16 and beyond. increasing the number of available seats FOR FURTHER INFORMATION CONTACT: For Dated: June 16, 2014. per school or to open one or more new specific questions related to collection Tomakie Washington, charter schools that are based on the charter school model for which the activities, please contact Todd Acting Director, Information Collection Stephenson, 202–205–1645. Clearance Division, Privacy, Information and eligible applicant has presented SUPPLEMENTARY INFORMATION: The Records Management Services, Office of evidence of success. Department of Education (ED), in Management. New Additions to the Replication and accordance with the Paperwork [FR Doc. 2014–14424 Filed 6–19–14; 8:45 am] Expansion Grant competition for FY Reduction Act of 1995 (PRA) (44 U.S.C. BILLING CODE 4000–01–P 2014: The Department has added a new 3506(c)(2)(A)), provides the general competitive preference priority and public and Federal agencies with an selection criterion to this competition. opportunity to comment on proposed, DEPARTMENT OF EDUCATION We also address recent updates to the revised, and continuing collections of CSP Nonregulatory Guidance on information. This helps the Department Application for New Awards; Charter weighted lotteries and language in the assess the impact of its information Schools Program (CSP) Grants for FY 2014 appropriations bill that collection requirements and minimize Replication and Expansion of High- authorizes the use of CSP funds to the public’s reporting burden. It also Quality Charter Schools support preschool education. helps the public understand the AGENCY: Office of Innovation and For the FY 2014 competition, we are Department’s information collection Improvement, Department of Education. using the Promise Zones priority, requirements and provide the requested published in the Federal Register on ACTION: Notice. data in the desired format. ED is March 27, 2014 (79 FR 17035), as a soliciting comments on the proposed Overview Information: competitive preference priority to information collection request (ICR) that Charter Schools Program (CSP) Grants support projects that are designed to is described below. The Department of for Replication and Expansion of serve and coordinate with one or more Education is especially interested in High-Quality Charter Schools. of the newly-created, federally public comment addressing the Notice inviting applications for new designated Promise Zones. ‘‘Promise following issues: (1) Is this collection awards for fiscal year (FY) 2014. Zones’’ are part of an initiative by necessary to the proper functions of the President Barack Obama to designate 20 Department; (2) will this information be Catalog of Federal Domestic Assistance high-poverty communities for the (CFDA) Number: 84.282M. processed and used in a timely manner; Federal government to partner with, and (3) is the estimate of burden accurate; Dates: invest in, to create jobs, increase (4) how might the Department enhance Applications Available: June 20, 2014. economic activity, improve educational the quality, utility, and clarity of the Date of Pre-Application Meeting: June opportunities, reduce violent crime, and information to be collected; and (5) how 26, 2014, 2:30 p.m. to 4:30 p.m., leverage private investment.1 By might the Department minimize the Washington, DC, time. partnering with Promise Zone burden of this collection on the Deadline for Transmittal of designees, the Federal Government will respondents, including through the use Applications: July 21, 2014. help communities access the resources of information technology. Please note Deadline for Intergovernmental and expertise they need—including that written comments received in Review: October 3, 2014. resources from various neighborhood response to this notice will be Full Text of Announcement revitalization initiatives—to ensure that considered public records. Federal programs and resources support I. Funding Opportunity Description Title of Collection: Annual Report of efforts to transform these communities. Children in State Agency and Locally Purpose of Program: The purpose of The first five Promise Zones, located in Operated Institutions for Neglected and the CSP is to increase national San Antonio, Philadelphia, Los Angeles, Delinquent Children. understanding of the charter school Southeastern Kentucky, and the OMB Control Number: 1810–0060. model by expanding the number of Choctaw Nation of Oklahoma, have each Type of Review: A revision of an high-quality charter schools available to put forward a plan on how they will existing information collection. students across the Nation; providing partner with local business and Respondents/Affected Public: State, financial assistance for the planning, community leaders to make investments Local, or Tribal Governments. program design, and initial that reward hard work and expand Total Estimated Number of Annual implementation of charter schools; and opportunity. Under this priority, the Responses: 3,252. evaluating the effects of charter schools, Department asks applicants to submit a Total Estimated Number of Annual including their effects on students, letter from the lead entity of a Burden Hours: 4,360. student academic achievement, staff, designated Promise Zone attesting to its Abstract: The U.S. Department of and parents. support of the application and the Education is requesting a three-year The purpose of the Replication and expected contribution of the proposed extension of ED Form 4376 Annual Expansion of High-Quality Charter activities in the Promise Zone. Report of Children in Institutions for Schools (Replication and Expansion) Applicants are also encouraged to Neglected or Delinquent Children, competition (CFDA 84.282M) is to describe the quality of engagement and Adult Correctional Institutions, and award grants to eligible applicants to coordination with the federally Community Day Programs for Neglected enable them to replicate or expand high- designated Promise Zone and the and Delinquent Children. Approval of quality charter schools with resources the applicant expects to this form is needed in order to continue demonstrated records of success, allocate towards supporting activities the on-going collection of data used to including success in increasing student within the Promise Zone. allocate funds authorized by Title I, Part academic achievement. Eligible A and Part D, Subparts 1 and 2 of the applicants may use their grant funds to 1 For additional information on Promise Zones, Elementary and Secondary Education expand the enrollment of one or more see www.hud.gov/promisezones.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35324 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

The Department has also revised the the Federal Register on July 12, 2011 describe the extent to which the charter selection criterion on the quality of the (76 FR 40898); the notice of final schools it currently operates or manages project design to add a factor that priority published in the Federal serve individuals from low-income families assesses the extent to which each Register on March 27, 2014 (79 FR at rates that are at least comparable to the rates at which these individuals are served by proposed project is supported by 17035); and 34 CFR 75.225(a). public schools in the surrounding area. evidence of promise (as defined in this Absolute Priority: For FY 2014 and notice). Because the CSP Replication any subsequent year in which we make Note 2: For charter schools that serve and Expansion grant program provides awards based on the list of unfunded students younger than 5 or older than 17 in funds to charter management applications from this competition, this accordance with their State’s definition of organizations (CMOs) and other non- priority is an absolute priority. Under 34 ‘‘elementary education’’ or ‘‘secondary profit entities that demonstrate that CFR 75.105(c)(3) we consider only education,’’ at least 60 percent of all students their existing charter schools are applications that meet this priority. in the schools who are between the ages of This priority is: 5 and 17 must be individuals from low- achieving positive student academic income families to meet this priority. achievement results, applications also Experience Operating or Managing will be evaluated on the rigor and High-Quality Charter Schools. (76 FR Competitive Preference Priority 2— relevance of the evidence that supports 40898) School Improvement. (76 FR 40900) (0 the proposed project’s elements. The This priority is for projects that will or 4 points) Department expects that successful provide for the replication or expansion To meet this priority, an applicant applicants will have used at least some of high-quality charter schools by must demonstrate that its proposed practices that have demonstrated applicants that currently operate or replication or expansion of one or more evidence of promise through one of the manage more than one high-quality high-quality charter schools (as defined means defined in this notice. charter school (as defined in this in this notice) will occur in partnership In addition, in January 2014, the notice). with, and will be designed to assist, one Department updated Section E of the Competitive Preference Priorities: For or more local educational agencies CSP Nonregulatory Guidance to clarify FY 2014 and any subsequent year in (LEAs) in implementing academic or the circumstances in which charter which we make awards based on the list structural interventions to serve schools receiving CSP funds may use of unfunded applications from this students attending schools that have weighted lotteries, including to give competition, these priorities are been identified for improvement, educationally disadvantaged students competitive preference priorities. Under corrective action, closure, or slightly better chances for admission. 34 CFR 75.105(c)(2)(i), we will award an restructuring under section 1116 of the Applicants proposing to use weighted additional 10 points to an application Elementary and Secondary Education lotteries should review the information that meets Competitive Preference Act of 1965, as amended (ESEA), and as in the Note for Application Requirement Priority 1; an additional four points to described in the notice of final (j) and the updated CSP Nonregulatory an application that meets Competitive requirements for the School Guidance at http://www2.ed.gov/ Preference Priority 2; an additional five Improvement Grants, published in the programs/charter/nonregulatory- points to an application that meets Federal Register on October 28, 2010 guidance.html. Competitive Preference Priority 3; and (75 FR 66363). All charter schools receiving CSP an additional three points to an Note: Applicants in States operating under funds, as outlined in section 5210(1)(G) application that meets Competitive ESEA Flexibility that have opted to waive the of the Elementary and Secondary Preference Priority 5. We will also requirement in ESEA section 1116(b) for Education Act of 1965, as amended award up to an additional two points to LEAs to identify for improvement, corrective (ESEA), must comply with various non- an application that addresses action, or restructuring, as appropriate, their discrimination laws, including the Age Competitive Preference Priority 4, Title I schools that fail to make adequate Discrimination Act of 1975, title VI of depending on how well the application yearly progress (AYP) for two or more the Civil Rights Act of 1964, title IX of consecutive years may partner with LEAs to addresses this priority. The maximum serve students attending priority or focus the Education Amendments of 1972, total competitive preference points an schools (see the June 7, 2012, ‘‘ESEA section 504 of the Rehabilitation Act of application can receive for this Flexibility’’ guidance at www.ed.gov/esea/ 1973, part B of the Individuals with competition is 24. flexibility). The Secretary encourages such Disabilities Education Act (specifies Note: In order to receive points under these applicants to describe how their proposed rights afforded to students with competitive preference priorities, the projects complement the efforts to serve disabilities and their parents), and applicant must identify the priority or students attending priority or focus schools applicable State laws. priorities that it wishes the Department to described in States’ approved requests for Finally, the FY 2014 appropriations consider for purposes of awarding waivers under ESEA Flexibility. bill (Consolidated Appropriations Act, competitive preference priority points and Competitive Preference Priority 3— 2014, Division H, Pub. L. 113–76.) provide documentation with respect to the Promoting Diversity. (76 FR 40900) (0 or included language authorizing the use identified competitive preference priority or 5 points) priorities. of CSP grant funds to support preschool This priority is for applicants that education in charter schools. Applicants These priorities are: demonstrate a record of (in the schools proposing to use CSP funds to support Competitive Preference Priority 1— they currently operate or manage), as preschool education in charter schools Low-Income Demographic. (76 FR well as an intent to continue (in schools should review the Funding Restrictions 40900) (0 or 10 points) that they will be creating or section of this notice. To meet this priority, an applicant substantially expanding under this Priorities: This notice includes one must demonstrate that at least 60 grant), taking active measures to— absolute priority and five competitive percent of all students in the charter (a) Promote student diversity, preference priorities. The absolute and schools it currently operates or manages including racial and ethnic diversity, or competitive preference priorities are are individuals from low-income avoid racial isolation; from the notice of final priorities, families (as defined in this notice). (b) Serve students with disabilities at requirements, definitions, and selection Note 1: The Secretary encourages an a rate that is at least comparable to the criteria for this program, published in applicant responding to this priority to rate at which these students are served

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35325

in public schools in the surrounding the grantee’s authority to obligate funds (ii) The study referenced in paragraph area; and (34 CFR 75.225(b)). (i) found a statistically significant or (c) Serve English learners at a rate that Definitions: substantively important (defined as a is at least comparable to the rate at The following definitions are from the difference of 0.25 standard deviations or which these students are served in notice of final priorities, requirements, larger), favorable association between at public schools in the surrounding area. definitions, and selection criteria for least one critical component and one In support of this priority, applicants this program published in the Federal relevant outcome presented in the logic must provide enrollment data as well as Register on July 12, 2011 (76 FR 40898) model for the proposed process, descriptions of existing policies and and 34 CFR 77.1. product, strategy, or practice. (34 CFR activities undertaken or planned to be Ambitious means promoting 77.1) undertaken. continued, meaningful improvement for High-quality charter school is a school program participants or for other that shows evidence of strong academic Note 1: An applicant addressing individuals or entities affected by the results for the past three years (or over Competitive Preference Priority 3—Promoting Diversity is invited to discuss how the grant, or representing a significant the life of the school, if the school has proposed design of its project would help advancement in the field of education been open for fewer than three years), bring together students of different research, practices, or methodologies. based on the following factors: backgrounds, including students from When used to describe a performance (1) Increasing student academic different racial and ethnic backgrounds, to target, whether a performance target is achievement and attainment for all attain the benefits that flow from a diverse ambitious depends upon the context of students, including, as applicable, student body, or to avoid racial isolation. the relevant performance measure and educationally disadvantaged students the baseline for that measure. (34 CFR served by the charter schools operated Note 2: For information on permissible ways to meet this priority, please refer to the 77.1) or managed by the applicant. joint guidance issued by the Department of Baseline means the starting point (2) Either (i) Demonstrated success in Education and the Department of Justice from which performance is measured closing historic achievement gaps for entitled, ‘‘Guidance on the Voluntary Use of and targets are set. (34 CFR 77.1) the subgroups of students described in Race to Achieve Diversity and Avoid Racial Charter management organization section 1111(b)(2)(C)(v)(II) of the ESEA Isolation in Elementary and Secondary (CMO) is a nonprofit organization that at the charter schools operated or Schools’’ at http://www2.ed.gov/about/ operates or manages multiple charter managed by the applicant, or offices/list/ocr/docs/guidance-ese- schools by centralizing or sharing (ii) No significant achievement gaps 201111.pdf. certain functions and resources among between any of the subgroups of Competitive Preference Priority 4— schools. (76 FR 40901) students described in section Promise Zones. (79 FR 17035) (Up to 2 Educationally disadvantaged students 1111(b)(2)(C)(v)(II) of the ESEA at the points) includes, but is not necessarily limited charter schools operated or managed by This priority is for projects that are to, individuals from low-income families the applicant and significant gains in designed to serve and coordinate with a (as defined in this notice), English student academic achievement have federally designated Promise Zone. learners, migratory children, children been made with all populations of with disabilities, and neglected or students served by the charter schools Note: Applicants should submit a letter delinquent children. (76 FR 40901) operated or managed by the applicant. from the lead entity of a designated Promise (3) Achieved results (including Zone attesting to the contribution that the Evidence of promise means there is proposed activities would make, and empirical evidence to support the performance on statewide tests, annual supporting the application. A list of theoretical linkage(s) between at least student attendance and retention rates, designated Promise Zones and lead one critical component and at least one high school graduation rates, college organizations can be found at www.hud.gov/ relevant outcome (as defined in this attendance rates, and college persistence promisezones. notice) presented in the logic model (as rates where applicable and available) for low-income and other educationally Competitive Preference Priority 5— defined in this notice) for the proposed disadvantaged students served by the Novice Applicant. (34 CFR 75.225(c)(2)) process, product, strategy, or practice. charter schools operated or managed by (0 or 3 points) Specifically, evidence of promise means the applicant that are above the average This priority is for applicants that the conditions in paragraphs (i) and (ii) academic achievement results for such qualify as novice applicants. ‘‘Novice of this section are met: (i) There is at least one study that is students in the State. applicant’’ means an applicant for a (4) No significant compliance issues grant from the Department that (i) has a— (A) Correlational study with statistical (as defined in this notice), particularly never received a Replication and controls for selection bias; in the areas of student safety and Expansion grant; (ii) has never been a (B) Quasi-experimental study (as financial management. (76 FR 40901– member of a group application, defined in this notice) that meets the 02) submitted in accordance with 34 CFR What Works Clearinghouse Evidence Individual from low-income family 75.127–75.129, that received a Standards with reservations; 2 or means an individual who is determined Replication and Expansion grant; and (C) Randomized controlled trial (as by a State educational agency (SEA) or (iii) has not had an active discretionary defined in this notice) that meets the LEA to be a child, ages 5 through 17, grant from the Federal government in What Work Clearinghouse Evidence from a low-income family on the basis the five years before the deadline date Standards with or without reservations.3 of (a) data used by the Secretary to for applications for new awards under determine allocations under section this Replication and Expansion grant 2 What Works Clearinghouse Procedures and 1124 of the ESEA, (b) data on children competition. Standards Handbook (Version 2.1, September 2011), eligible for free or reduced-price For purposes of clause (iii) in the which can be currently found at the following link: lunches under the Richard B. Russell preceding paragraph, a grant is active http://ies.ed.gov/ncee/wwc/DocumentSum.aspx? sid=19. National School Lunch Act, (c) data on until the end of the grant’s project or 3 What Works Clearinghouse Procedures and funding period, including any Standards Handbook (Version 2.1, September 2011), http://ies.ed.gov/ncee/wwc/DocumentSum.aspx? extensions of those periods that extend which can be currently found at the following link: sid=19.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35326 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

children in families receiving assistance not related to students) the proposed including the requirement that the charter under part A of title IV of the Social process, product, strategy, or practice is school provide a program of elementary or Security Act, (d) data on children designed to improve; consistent with secondary education, or both. Under section eligible to receive medical assistance the specific goals of a program. (34 CFR 9101(18) of the ESEA, ‘‘elementary school’’ under the Medicaid program under Title means a nonprofit institutional day or 77.1) residential school, including a public XIX of the Social Security Act, or (e) an Replicate means to open one or more elementary charter school, that provides alternate method that combines or new charter schools that are based on elementary education, as determined under extrapolates from the data in items (a) the charter school model or models for State law. In a number of States, preschool through (d) of this definition (see 20 which the applicant has presented education is part of elementary education U.S.C. 6537(3)). (76 FR 40902) evidence of success. (76 FR 40902) under State law. In such States, CSP funds Logic model (also referred to as theory Significant compliance issue means a may be used to support preschool education of action) means a well-specified violation that did, will, or could lead to in charter schools (as defined in section conceptual framework that identifies the revocation of a school’s charter. (76 5210(1)) that provide elementary or key components of the proposed FR 40902) secondary education beyond preschool, as process, product, strategy, or practice Substantially expand means to well as in charter schools that provide only increase the student count of an existing preschool education. In States in which (i.e., the active ‘‘ingredients’’ that are preschool education is not part of elementary hypothesized to be critical to achieving charter school by more than 50 percent education under State law, CSP funds may be the relevant outcomes) and describes or to add at least two grades to an used to support preschool education so long the relationships among the key existing charter school over the course as the preschool program is offered as part of components and outcomes, theoretically of the grant. (76 FR 40902) a school that meets the definition of ‘‘charter and operationally. (34 CFR 77.1) Program Authority: Consolidated school’’ in section 5210(1)—that is, the Performance measure means any Appropriations Act, 2014, Division H, school provides elementary or secondary quantitative indicator, statistic, or Pub. L. 113–76; and Title V, Part B of education, or both. Thus, in States in which metric used to gauge program or project the Elementary and Secondary preschool education is not part of elementary performance. (34 CFR 77.1) Education Act of 1965, as amended. education under State law, CSP funds may Performance target means a level of Applicable Regulations: (a) The not be used to support charter schools that performance that an applicant would provide only preschool education. In Education Department General Summer 2014, the Department plans to seek to meet during the course of a Administrative Regulations (EDGAR) in release nonregulatory guidance that will project or as a result of a project. (34 34 CFR parts 74, 75, 76, 77, 79, 80, 81, provide additional information about how CFR 77.1) 82, 84, 86, 97, 98, and 99. (b) The CSP funds may be used to support preschool Quasi-experimental design study Department of Education Debarment education in charter schools. Please continue means a study using a design that and Suspension regulations at 2 CFR to check the CSP Web site for updates. attempts to approximate an 3485. (c) The notice of final priorities, Estimated Range of Awards: $500,000 experimental design by identifying a requirements, definitions, and selection to $3,000,000 per year. comparison group that is similar to the criteria for this program published in Estimated Average Size of Awards: treatment group in important respects. the Federal Register on July 12, 2011 $1,600,000 per year. These studies, depending on design and (76 FR 40898). (d) The notice of final Estimated Number of Awards: 14–19. implementation, can meet What Works priority for Promise Zones published on Note: The Department is not bound by any Clearinghouse Evidence Standards with March 27, 2014 (79 FR 17035). reservations 4 (they cannot meet What estimates in this notice. The estimated range, average size, and number of awards are based Works Clearinghouse Evidence Note 1: The regulations in 34 CFR part 79 apply to all applicants except federally on a single 12-month budget period. Standards without reservations). (34 recognized Indian tribes. However, the Department may choose to CFR 77.1) fund more than 12 months of a project using Randomized controlled trial means a Note 2: The regulations in 34 CFR part 86 FY 2014 funds. study that employs random assignment apply only to institutions of higher Project Period: Up to 60 months. of, for example, students, teachers, education. classrooms, schools, or districts to III. Eligibility Information Note 3: The regulations in 34 CFR part 99 receive the intervention being evaluated 1. Eligible Applicants: Non-profit (the treatment group) or not to receive apply only to an educational agency or institution. charter management organizations (as the intervention (the control group). The defined in this notice) and other entities estimated effectiveness of the II. Award Information that are not for-profit entities. Eligible intervention is the difference between applicants may also apply as a group or the average outcome for the treatment Type of Award: Discretionary grants. Estimated Available Funds: consortium. group and for the control group. These 2. Cost Sharing or Matching: This $26,500,000. studies, depending on design and competition does not require cost implementation, can meet What Works Contingent upon the availability of funds and the quality of applications, sharing or matching. Clearinghouse Evidence Standards 3. Other: 5 we may make additional awards in FY without reservations. (34 CFR 77.1) (a) Reasonable and Necessary Costs: 2015 from the list of unfunded Relevant outcome means the student The Secretary may elect to impose applications from this competition. outcome(s) (or the ultimate outcome if maximum limits on the amount of grant Note: The Consolidated Appropriations funds that may be awarded per charter 4 What Works Clearinghouse Procedures and Act, 2014 states that ‘‘funds available for part school replicated, per charter school Standards Handbook (Version 2.1, September 2011), B of title V of the ESEA may be used for substantially expanded, or per new which can be currently found at the following link: grants that support preschool education in http://ies.ed.gov/ncee/wwc/ school seat created. charter schools.’’ An application submitted DocumentSum.aspx?sid=19. under this competition may propose to use For this competition the maximum 5 What Works Clearinghouse Procedures and limit of grant funds that may be Standards Handbook (Version 2.1, September 2011), CSP funds to support preschool education in which can be currently found at the following link: a charter school, provided that the charter awarded per new school seat is $3,000, http://ies.ed.gov/ncee/wwc/ school meets the definition of ‘‘charter including a maximum limit per new DocumentSum.aspx?sid=19. school’’ in section 5210(1) of the ESEA, school created of $800,000. The

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35327

maximum limit per new school seat in • A ‘‘page’’ is 8.5″ x 11″, on one side For further information about the pre- a charter school that is substantially only, with 1″ margins at the top, bottom, application meeting, contact expanding its enrollment is $1,500, and both sides. LaShawndra Thornton, U.S. Department including a maximum limit per • Double space (no more than three of Education, 400 Maryland Avenue substantially expanded school of lines per vertical inch) all text in the SW., Room 4W257, Washington, DC $800,000. application narrative, including titles, 20202–5970. Telephone: (202) 453–5617 Note: Applicants must ensure that all costs headings, footnotes, quotations, or by email: lashawndra.thornton@ included in the proposed budget are references, and captions, as well as all ed.gov. reasonable and necessary in light of the goals text in charts, tables, figures, and Deadline for Transmittal of and objectives of the proposed project. Any graphs. Applications: July 21, 2014. costs determined by the Secretary to be • Use a font that is either 12 point or Applications for grants under this unreasonable or unnecessary will be removed larger or no smaller than 10 pitch competition must be submitted from the final approved budget. (characters per inch). electronically using the Grants.gov (b) Other CSP Grants: A charter • Use one of the following fonts: Apply site (Grants.gov). For information school that receives funds under this Times New Roman, Courier, Courier (including dates and times) about how competition is ineligible to receive New, or Arial. An application submitted to submit your application funds for the same purpose under in any other font (including Times electronically, or in paper format by section 5202(c)(2) of the ESEA, Roman or Arial Narrow) will not be mail or hand delivery if you qualify for including for planning and program accepted. an exception to the electronic design or the initial implementation of The page limit does not apply to Part submission requirement, please refer to a charter school (i.e., CFDA 84.282A or I, the cover sheet; Part II, the budget section IV. 7. Other Submission 84.282B). section, including the narrative budget Requirements of this notice. A charter school that has received justification; Part IV, the assurances and We do not consider an application CSP funds for replication previously, or certifications; or the one-page abstract, that does not comply with the deadline that has received funds for planning or the resumes, the bibliography, or the requirements. initial implementation of a charter letters of support. However, the page Individuals with disabilities who school (i.e., CFDA 84.282A or 84.282B), limit does apply to all of the application need an accommodation or auxiliary aid may not use funds under this grant for narrative section [Part III]. in connection with the application the same purpose. However, such b. Submission of Proprietary process should contact the person listed charter schools may be eligible to Information: under FOR FURTHER INFORMATION receive funds under this competition to Given the types of projects that may CONTACT in section VII of this notice. If substantially expand the charter school be proposed in applications for the the Department provides an beyond the existing grade levels or Replication and Expansion competition, accommodation or auxiliary aid to an student count. an application may include business individual with a disability in information that the applicant considers connection with the application IV. Application and Submission proprietary. The Department’s process, the individual’s application Information regulations define ‘‘business remains subject to all other 1. Address to Request Application information’’ in 34 CFR 5.11. requirements and limitations in this Package: LaShawndra Thornton, U.S. Because we plan to make successful notice. Department of Education, 400 Maryland applications available to the public, you Deadline for Intergovernmental Avenue SW., Room 4W257, may wish to request confidentiality of Review: October 3, 2014. Washington, DC 20202–5970. business information. 4. Intergovernmental Review: This Telephone: (202) 453–5617 or by email: Consistent with Executive Order program is subject to Executive Order [email protected]. 12600, please designate in your 12372 and the regulations in 34 CFR If you use a telecommunications application any information that you part 79. Information about device for the deaf (TDD) or a text feel is exempt from disclosure under Intergovernmental Review of Federal telephone (TTY), call the Federal Relay Exemption 4 of the Freedom of Programs under Executive Order 12372 Service (FRS), toll free, at 1–800–877– Information Act. In the appropriate is in the application package for this 8339. Appendix section of your application, competition. Individuals with disabilities can under ‘‘Other Attachments Form,’’ 5. Funding Restrictions: Grantees obtain a copy of the application package please list the page number or numbers under this program must use the grant in an accessible format (e.g., Braille, on which we can find this information. funds to replicate or substantially large print, audiotape, or compact disc) For additional information please see 34 expand the charter school model or by contacting the program contact CFR 5.11(c). models for which the applicant has person listed in this section. 3. Submission Dates and Times: presented evidence of success. Grant 2.a. Content and Form of Application Applications Available: June 20, 2014. funds must be used to carry out Submission: Requirements concerning Date of Pre-Application Meeting: The allowable activities, as described in the content of an application, together Department will hold a pre-application section 5204(f)(3) of the ESEA (20 U.S.C. with the forms you must submit, are in meeting via Webinar for prospective 7221c(f)(3)). the application package for this applicants on June 26, 2014 from 2:30 Pursuant to section 5204(f)(3) of the competition. Page Limit: The p.m. to 4:30 p.m., Washington, DC, time. ESEA, grantees under this program must application narrative (Part III of the Individuals interested in attending this use the grant funds for— application) is where you, the applicant, meeting are encouraged to pre-register (a) Post-award planning and design of address the selection criteria that by emailing their name, organization, the educational program, which may reviewers use to evaluate your and contact information with the subject include: (i) Refinement of the desired application. We recommend that you heading ‘‘PRE-APPLICATION educational results and of the methods limit the application narrative [Part III] MEETING’’ to [email protected]. for measuring progress toward achieving to no more than 60 pages, using the There is no registration fee for attending those results; and (ii) professional following standards: this meeting. development of teachers and other staff

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35328 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

who will work in the charter school; SAM database by an entity. Thus, if you qualify for one of these exceptions. and think you might want to apply for Further information regarding (b) Initial implementation of the Federal financial assistance under a calculation of the date that is two weeks charter school, which may include: (i) program administered by the before the application deadline date is Informing the community about the Department, please allow sufficient time provided later in this section under school; (ii) acquiring necessary to obtain and register your DUNS Exception to Electronic Submission equipment and educational materials number and TIN. We strongly Requirement. and supplies; (iii) acquiring or recommend that you register early. You may access the electronic grant application for CSP Grants for developing curriculum materials; and Note: Once your SAM registration is active, (iv) other initial operational costs that you will need to allow 24 to 48 hours for the Replication and Expansion of High- cannot be met from State or local information to be available in Grants.gov and Quality Charter Schools at sources. before you can submit an application through www.Grants.gov. You must search for the downloadable application package Note: A grantee may use up to 20 percent Grants.gov. for this competition by the CFDA of grant funds for initial operational costs If you are currently registered with number. Do not include the CFDA associated with the expansion or SAM, you may not need to make any number’s alpha suffix in your search improvement of the grantee’s oversight or changes. However, please make certain (e.g., search for 84.282, not 84.282M). management of its charter schools, provided that the TIN associated with your DUNS that: (i) The specific charter schools being Please note the following: created or substantially expanded under the number is correct. Also note that you • When you enter the Grants.gov site, grant are the intended beneficiaries of such will need to update your registration you will find information about expansion or improvement, and (ii) such annually. This may take three or more submitting an application electronically expansion or improvement is intended to business days. through the site, as well as the hours of improve the grantee’s ability to manage or Information about SAM is available at operation. oversee the charter schools created or www.SAM.gov. To further assist you • Applications received by Grants.gov substantially expanded under the grant. with obtaining and registering your are date and time stamped. Your We reference additional regulations DUNS number and TIN in SAM or application must be fully uploaded and outlining funding restrictions in the updating your existing SAM account, submitted and must be date and time Applicable Regulations section of this we have prepared a SAM.gov Tip Sheet, stamped by the Grants.gov system no notice. which you can find at: http://www2.ed. later than 4:30:00 p.m., Washington, DC 6. Data Universal Numbering System gov/fund/grant/apply/sam-faqs.html. time, on the application deadline date. Number, Taxpayer Identification In addition, if you are submitting your Except as otherwise noted in this Number, and System for Award application via Grants.gov, you must (1) section, we will not accept your Management: To do business with the be designated by your organization as an application if it is received—that is, date Department of Education, you must— Authorized Organization Representative and time stamped by the Grants.gov a. Have a Data Universal Numbering (AOR); and (2) register yourself with system—after 4:30:00 p.m., Washington, System (DUNS) number and a Taxpayer Grants.gov as an AOR. Details on these DC time, on the application deadline Identification Number (TIN); steps are outlined at the following date. We do not consider an application b. Register both your DUNS number Grants.gov Web page: www.grants.gov/ that does not comply with the deadline and TIN with the System for Award web/grants/register.html. requirements. When we retrieve your Management (SAM) (formerly the 7. Other Submission Requirements. application from Grants.gov, we will Central Contractor Registry (CCR)), the Applications for grants under this notify you if we are rejecting your Government’s primary registrant competition must be submitted application because it was date and time database; electronically unless you qualify for an stamped by the Grants.gov system after c. Provide your DUNS number and exception to this requirement in 4:30:00 p.m., Washington, DC time, on TIN on your application; and accordance with the instructions in this the application deadline date. d. Maintain an active SAM section. • The amount of time it can take to registration with current information a. Electronic Submission of upload an application will vary while your application is under review Applications. depending on a variety of factors, by the Department and, if you are Applications for grants under the CSP including the size of the application and awarded a grant, during the project Grants for Replication and Expansion of the speed of your Internet connection. period. High-Quality Charter Schools, CFDA Therefore, we strongly recommend that You can obtain a DUNS number from number 84.282M, must be submitted you do not wait until the application Dun and Bradstreet. A DUNS number electronically using the deadline date to begin the submission can be created within one-to-two Governmentwide Grants.gov Apply site process through Grants.gov. business days. at www.Grants.gov. Through this site, • You should review and follow the If you are a corporate entity, agency, you will be able to download a copy of Education Submission Procedures for institution, or organization, you can the application package, complete it submitting an application through obtain a TIN from the Internal Revenue offline, and then upload and submit Grants.gov that are included in the Service. If you are an individual, you your application. You may not email an application package for this competition can obtain a TIN from the Internal electronic copy of a grant application to to ensure that you submit your Revenue Service or the Social Security us. application in a timely manner to the Administration. If you need a new TIN, We will reject your application if you Grants.gov system. You can also find the please allow 2–5 weeks for your TIN to submit it in paper format unless, as Education Submission Procedures become active. described elsewhere in this section, you pertaining to Grants.gov under News The SAM registration process can take qualify for one of the exceptions to the and Events on the Department’s G5 approximately seven business days, but electronic submission requirement and system home page at www.G5.gov. may take upwards of several weeks, submit, no later than two weeks before • You will not receive additional depending on the completeness and the application deadline date, a written point value because you submit your accuracy of the data entered into the statement to the Department that you application in electronic format, nor

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35329

will we penalize you if you qualify for instructions described elsewhere in this Your paper application must be an exception to the electronic notice. submitted in accordance with the mail submission requirement, as described If you submit an application after or hand delivery instructions described elsewhere in this section, and submit 4:30:00 p.m., Washington, DC time, on in this notice. your application in paper format. the application deadline date, please b. Submission of Paper Applications • You must submit all documents contact the person listed under FOR by Mail. electronically, including all information FURTHER INFORMATION CONTACT in If you qualify for an exception to the you typically provide on the following section VII of this notice and provide an electronic submission requirement, you forms: the Application for Federal explanation of the technical problem may mail (through the U.S. Postal Assistance (SF 424), the Department of you experienced with Grants.gov, along Service or a commercial carrier) your Education Supplemental Information for with the Grants.gov Support Desk Case application to the Department. You SF 424, Budget Information—Non- Number. We will accept your must mail the original and two copies Construction Programs (ED 524), and all application if we can confirm that a of your application, on or before the necessary assurances and certifications. technical problem occurred with the application deadline date, to the • You must upload any narrative Grants.gov system and that that problem Department at the following address: sections and all other attachments to affected your ability to submit your U.S. Department of Education, your application as files in a .PDF application by 4:30:00 p.m., Application Control Center, Attention: (Portable Document) read-only, non- Washington, DC time, on the CFDA Number 84.282M, LBJ Basement modifiable format. Specifically, do not application deadline date. The Level 1, 400 Maryland Avenue SW., upload an interactive or fillable .PDF Department will contact you after a Washington, DC 20202–4260. file. Do not upload an interactive or determination is made on whether your You must show proof of mailing fillable .PDF file. If you upload a file application will be accepted. consisting of one of the following: (1) A legibly dated U.S. Postal Service type other than a read-only, non- Note: The extensions to which we refer in modifiable .PDF or submit a password- postmark. this section apply only to the unavailability (2) A legible mail receipt with the protected file, we will not review that of, or technical problems with, the Grants.gov date of mailing stamped by the U.S. material. system. We will not grant you an extension • if you failed to fully register to submit your Postal Service. Your electronic application must (3) A dated shipping label, invoice, or comply with any page-limit application to Grants.gov before the application deadline date and time or if the receipt from a commercial carrier. requirements described in this notice. (4) Any other proof of mailing • After you electronically submit technical problem you experienced is unrelated to the Grants.gov system. acceptable to the Secretary of the U.S. your application, you will receive from Department of Education. Grants.gov an automatic notification of Exception to Electronic Submission If you mail your application through receipt that contains a Grants.gov Requirement: You qualify for an the U.S. Postal Service, we do not tracking number. (This notification exception to the electronic submission accept either of the following as proof indicates receipt by Grants.gov only, not requirement, and may submit your of mailing: receipt by the Department.) The application in paper format, if you are (1) A private metered postmark. Department then will retrieve your unable to submit an application through (2) A mail receipt that is not dated by application from Grants.gov and send a the Grants.gov system because— the U.S. Postal Service. second notification to you by email. • You do not have access to the If your application is postmarked after This second notification indicates that Internet; or the application deadline date, we will the Department has received your • You do not have the capacity to not consider your application. application and has assigned your upload large documents to the Note: The U.S. Postal Service does not application a PR/Award number (an ED- Grants.gov system; and uniformly provide a dated postmark. Before specified identifying number unique to • No later than two weeks before the relying on this method, you should check your application). application deadline date (14 calendar with your local post office. • We may request that you provide us days or, if the fourteenth calendar day c. Submission of Paper Applications original signatures on forms at a later before the application deadline date by Hand Delivery. date. falls on a Federal holiday, the next If you qualify for an exception to the Application Deadline Date Extension business day following the Federal electronic submission requirement, you in Case of Technical Issues with the holiday), you mail or fax a written (or a courier service) may deliver your Grants.gov System: If you are statement to the Department, explaining paper application to the Department by experiencing problems submitting your which of the two grounds for an hand. You must deliver the original and application through Grants.gov, please exception prevent you from using the two copies of your application by hand, contact the Grants.gov Support Desk, Internet to submit your application. on or before the application deadline toll free, at 1–800–518–4726. You must If you mail your written statement to date, to the Department at the following obtain a Grants.gov Support Desk Case the Department, it must be postmarked address: U.S. Department of Education, Number and must keep a record of it. no later than two weeks before the Application Control Center, Attention: If you are prevented from application deadline date. If you fax CFDA Number 84.282M, 550 12th Street electronically submitting your your written statement to the SW., Room 7039, Potomac Center Plaza, application on the application deadline Department, we must receive the faxed Washington, DC 20202–4260. date because of technical problems with statement no later than two weeks The Application Control Center the Grants.gov system, we will grant you before the application deadline date. accepts hand deliveries daily between an extension until 4:30:00 p.m., Address and mail or fax your 8:00 a.m. and 4:30:00 p.m., Washington, Washington, DC time, the following statement to: LaShawndra Thornton, DC time, except Saturdays, Sundays, business day to enable you to transmit U.S. Department of Education, 400 and Federal holidays. your application electronically or by Maryland Avenue SW., Room 4W257, Note for Mail or Hand Delivery of Paper hand delivery. You also may mail your Washington, DC 20202–5970. FAX: Applications: If you mail or hand deliver application by following the mailing (202) 205–5630. your application to the Department—

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35330 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

(1) You must indicate on the envelope achievement standards, the grade levels educationally disadvantaged students, and—if not provided by the Department—in or ages of students to be served, and the will be informed about the proposed Item 11 of the SF 424 the CFDA number, curriculum and instructional practices new or substantially expanded charter including suffix letter, if any, of the to be used. competition under which you are submitting schools and given an equal opportunity your application; and Note: An applicant proposing to create or to attend such schools. (2) The Application Control Center will substantially expand a single-sex charter Note: The applicant should provide a mail to you a notification of receipt of your school should include in its application a detailed description of its recruitment and grant application. If you do not receive this detailed description of how it is complying admissions policies and practices, including notification within 15 business days from the with applicable nondiscrimination laws, a description of the lottery it plans to employ application deadline date, you should call including the Equal Protection Clause of the at each charter school if more students apply the U.S. Department of Education U.S. Constitution (as interpreted in United for admission than can be accommodated. Application Control Center at (202) 245– States v. Virginia, 518 U.S. 515 (1996) and The applicant should also describe any 6288. other cases) and Title IX of the Education current or planned use of a weighted lottery Amendments of 1972 (20 U.S.C. 1681 et seq.) or exemptions of certain categories of V. Application Review Information and its regulations, including 34 CFR students from the lottery and how the use of 1. Application Requirements: 106.34(c). Specifically, the applicant should such weights or exemptions is consistent provide a written justification for a proposed Applicants applying for CSP grant funds with State law and the CSP authorizing single-sex charter school that explains (1) statute. For information on the CSP lottery must address the following application how the single-sex charter school is based on requirement, including permissible requirements and the selection criteria an important governmental objective(s); and exemptions from the lottery and the described in this notice. An applicant (2) how the single-sex nature of the charter circumstances under which charter schools may choose to respond to the school is substantially related to the stated receiving CSP funds may use weighted application requirements in the context objective(s). An applicant proposing to lotteries, see Section E of the CSP of its responses to the selection criteria. operate a single-sex charter school that is part Nonregulatory Guidance at http:// These application requirements are of an LEA and not a single-school LEA under www2.ed.gov/programs/charter/ from the notice of final priorities, State law, should also provide (1) nonregulatory-guidance.html (revised requirements, definitions, and selection information about whether there is a January 2014). substantially equal single-sex school(s) for criteria for this competition published students of the excluded sex, and, if so, a An application that proposes to use a in the Federal Register on July 12, 2011 detailed description of both the proposed weighted lottery should provide the (79 FR 40898). single-sex charter school and the following: (a) Describe the objectives of the substantially equal single-sex school(s) based (1) Information concerning the project for replicating or substantially on the factors in 34 CFR 106.34(c)(3); and (2) circumstances in which a weighted expanding high-quality charter schools information about whether there is a lottery would be used, including the (as defined in this notice) and the substantially equal coeducational school(s) for students of the excluded sex, and, if so, specific categories of students the methods by which the applicant will weighted lottery would favor; determine its progress toward achieving a detailed description of both the proposed (2) Evidence that (a) the use of a those objectives. single-sex charter school and the substantially equal coeducational school(s) weighted lottery is necessary to comply (b) Describe how the applicant based on the factors in 34 CFR 106.34(c)(3). with Federal or State law; or (b) the currently operates or manages the State permits the use of a weighted charter schools for which it has (e) Describe the administrative lottery under the circumstances in presented evidence of success, and how relationship between the charter school which a weighted lottery is proposed to the proposed new or substantially or schools to be replicated or be used (e.g., in favor of educationally expanded charter schools will be substantially expanded by the applicant disadvantaged students). State operated or managed. Include a and the authorized public chartering permission to use a weighted lottery can description of central office functions, agency. be evidenced by the fact that weighted governance, daily operations, financial (f) Describe how the applicant will lotteries for such students are expressly management, human resources provide for continued operation of the permitted under the State charter school management, and instructional proposed new or substantially expanded law, a State regulation, or a written State management. If applying as a group or charter school or schools once the policy consistent with the State charter consortium, describe the roles and Federal grant has expired. school law or regulation, or, in the responsibilities of each member of the (g) Describe how parents and other absence of express authorization, group or consortium and how each members of the community will be confirmation from the State’s Attorney member will contribute to this project. involved in the planning, program (c) Describe how the applicant will design, and implementation of the General, in writing, that State law ensure that each proposed new or proposed new or substantially expanded permits the use of weighted lotteries in substantially expanded charter school charter school or schools. favor of such students; receives its commensurate share of (h) Include a request and justification (3) Information concerning the Federal education funds that are for waivers of any Federal statutory or mechanisms that exist (if any) for an allocated by formula each year, regulatory provisions that the applicant oversight entity (e.g., the SEA or an including during the first year of believes are necessary for the successful authorized public chartering agency) to operation of the school and any year in operation of the proposed new or review, approve, or monitor specific which the school’s enrollment substantially expanded charter schools. lottery practices, including the substantially expands. (i) Describe how the grant funds will establishment of weight amounts if (d) Describe the educational program be used, including how these funds will applicable; to be implemented in the proposed new be used in conjunction with other (4) Information concerning how the or substantially expanded charter Federal programs administered by the use of a weighted lottery for a permitted schools, including how the program will Secretary, and with any matching funds. purpose is within the scope and enable all students (including (j) Describe how all students in the objectives of the proposed project; and educationally disadvantaged students) community, including students with (5) Information concerning the to meet State student academic disabilities, English learners, and other amount or range of lottery weights that

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35331

will be employed or permitted and the (3) Where applicable and available, achievement have been made with all rationale for these weights. high school graduation rates, college populations of students served by the (k) Describe how the proposed new or attendance rates, and college persistence charter schools operated or managed by substantially expanded charter schools rates (school-wide and by subgroup) for the applicant (15 points). that are considered to be LEAs under the past three years (if available) of (3) The degree, including the State law, or the LEAs in which the new students attending schools operated or consistency over the past three years, to or substantially expanded charter managed by the applicant, and the which the applicant has achieved schools are located, will comply with methodology used to calculate these results (including performance on sections 613(a)(5) and 613(e)(1)(B) of the rates (maintaining standards to protect statewide tests, annual student Individuals with Disabilities Education personally identifiable information). attendance and retention rates, high Act (IDEA) (for additional information When reporting data for schools in school graduation rates, college on IDEA, please see http://idea.ed.gov/ States that may have particularly attendance rates, and college persistence explore/view/p/%2Croot%2C demanding or low standards of rates where applicable and available) for statute%2CI%2CB%2C613%2C). proficiency, applicants are invited to low-income and other educationally (l) Provide information on any discuss how their academic success disadvantaged students served by the significant compliance issues identified might be considered against applicants charter schools operated or managed by within the past three years for each from across the country. the applicant that are significantly school managed by the applicant, (o) Provide such other information above the average academic including compliance issues in the areas and assurances as the Secretary may achievement results for such students in of student safety, financial management, require. the State (15 points). and statutory or regulatory compliance. 2. Selection Criteria. The selection (b) Contribution in assisting (m) For each charter school currently criteria for this program are from the educationally disadvantaged students. operated or managed by the applicant, notice of final priorities, requirements, (76 FR 40898) (10 points) provide the following information: The definitions, and selection criteria for The contribution the proposed project will make in assisting educationally year founded, the grades currently this program published in the Federal disadvantaged students served by the served, the number of students, the Register on July 12, 2011 (76 FR 40898), applicant to meet or exceed State address, the percentage of students in and from 34 CFR 75.210. The maximum academic content standards and State each subgroup of students described in possible score for addressing all of the student academic achievement section 1111(b)(2)(C)(v)(II) of the ESEA, criteria in this section is 100 points. The standards, and to graduate college- and results on the State assessment for the maximum possible score for addressing career-ready. When responding to this past three years (if available) by each criterion is indicated in selection criterion, applicants must subgroup, attendance rates, student parentheses following the criterion. discuss the proposed locations of attrition rates for the past three years, In evaluating an application, the schools to be created or substantially and (if the school operates a 12th grade) Secretary considers the following criteria: expanded and the student populations high school graduation rates and college to be served. attendance rates (maintaining standards (a) Quality of the eligible applicant. to protect personally identifiable (76 FR 40898) (50 points) Note: The Secretary encourages applicants In determining the quality of the information). to describe their prior success in improving applicant, the Secretary considers the educational achievement and outcomes for Note: The Secretary encourages applicants following factors— educationally disadvantaged students, to also provide suspension and expulsion (1) The degree, including the including students with disabilities and rates by each subgroup for the past three consistency over the past three years, to English learners. In addition, the Secretary years (if available) for each charter school which the applicant has demonstrated encourages applicants to address how they currently operated or managed by the will ensure that all eligible students with applicant. success in significantly increasing disabilities receive a free appropriate public student academic achievement and education and how the proposed project will (n) Provide objective data showing attainment for all students, including, as assist educationally disadvantaged students, applicant quality. In particular, the applicable, educationally disadvantaged including students with disabilities and Secretary requires the applicant to students served by the charter schools English learners, in mastering State academic provide the following data: operated or managed by the applicant content standards and State student (1) Performance (school-wide and by (20 points). academic achievement standards. subgroup) for the past three years (if (2) Either— (c) Quality of the project design. (76 available) on statewide tests of all (i) The degree, including the FR 40898 and 34 CFR charter schools operated or managed by consistency over the past three years, to 75.210(c)(2)(xxviii)) (15 points) the applicant as compared to all which the applicant has demonstrated The Secretary considers the quality of students in other schools in the State or success in closing historic achievement the design of the proposed project. In States at the same grade level, and as gaps for the subgroups of students determining the quality of the design of compared with other schools serving described in section 1111(b)(2)(C)(v)(II) the proposed project, the Secretary similar demographics of students of the ESEA at the charter schools considers the following factors— (maintaining standards to protect operated or managed by the applicant, (1) The extent to which the goals, personally identifiable information); or objectives, and outcomes to be achieved (2) Annual student attendance and (ii) The degree, including the by the proposed project are clearly retention rates (school-wide and by consistency over the past three years, to specified, measurable, and attainable. subgroup) for the past three years (or which there have not been significant Applicants proposing to open schools over the life of the school, if the school achievement gaps between any of the serving substantially different has been open for fewer than three subgroups of students described in populations than those currently served years), and comparisons with other section 1111(b)(2)(C)(v)(II) of the ESEA by the model for which they have similar schools (maintaining standards at the charter schools operated or demonstrated evidence of success must to protect personally identifiable managed by the applicant and to which address the attainability of outcomes information); and significant gains in student academic given this difference (5 points).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35332 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

(2) The extent to which the proposed Secretary may consider, under 34 CFR report, including financial information, project is supported by evidence of 75.217(d)(3), the past performance of the as directed by the Secretary. If you promise (as defined in this notice) (10 applicant in carrying out a previous receive a multi-year award, you must points). award, such as the applicant’s use of submit an annual performance report (d) Quality of the management plan funds, achievement of project that provides the most current and personnel. (76 FR 40898) (20 objectives, and compliance with grant performance and financial expenditure points) conditions. The Secretary may also information as directed by the Secretary The Secretary considers the quality of consider whether the applicant failed to under 34 CFR 75.118. The Secretary the management plan and personnel to submit a timely performance report or may also require more frequent replicate and substantially expand high- submitted a report of unacceptable performance reports under 34 CFR quality charter schools (as defined in quality. 75.720(c). For specific requirements on this notice). In determining the quality In addition, in making a competitive reporting, please go to www.ed.gov/ of the management plan and personnel grant award, the Secretary also requires fund/grant/apply/appforms/ for the proposed project, the Secretary various assurances including those appforms.html. considers— applicable to Federal civil rights laws 4. Performance Measures: (1) The adequacy of the management that prohibit discrimination in programs (a) Program Performance Measures. plan to achieve the objectives of the or activities receiving Federal financial The goal of the CSP is to support the proposed project on time and within assistance from the Department of creation and development of a large budget, including clearly defined Education (34 CFR 100.4, 104.5, 106.4, number of high-quality charter schools responsibilities, timelines, and 108.8, and 110.23). that are free from State or local rules milestones for accomplishing project 4. Special Conditions: Under 34 CFR that inhibit flexible operation, are held tasks (4 points). 74.14 and 80.12, the Secretary may accountable for enabling students to (2) The business plan for improving, impose special conditions on a grant if reach challenging State performance sustaining, and ensuring the quality and the applicant or grantee is not standards, and are open to all students. performance of charter schools created financially stable; has a history of The Secretary has two performance or substantially expanded under these unsatisfactory performance; has a indicators to measure progress towards grants beyond the initial period of financial or other management system this goal: (1) The number of charter Federal funding in areas including, but that does not meet the standards in 34 schools in operation around the Nation, not limited to, facilities, financial CFR parts 74 or 80, as applicable; has and (2) the percentage of fourth- and management, central office, student not fulfilled the conditions of a prior eighth-grade charter school students academic achievement, governance, grant; or is otherwise not responsible. who are achieving at or above the oversight, and human resources of the proficient level on State assessments in charter schools (4 points). VI. Award Administration Information mathematics and reading/language arts. (3) A multi-year financial and 1. Award Notices: If your application Additionally, the Secretary has operating model for the organization, a is successful, we notify your U.S. established the following measure to demonstrated commitment of current Representative and U.S. Senators and examine the efficiency of the CSP: and future partners, and evidence of send you a Grant Award Notification Federal cost per student in broad support from stakeholders critical (GAN); or we may send you an email implementing a successful school to the project’s long-term success (4 containing a link to access an electronic (defined as a school in operation for points). version of your GAN. We may notify three or more consecutive years). (4) The plan for closing charter you informally, also. (b) Project-Specific Performance schools supported, overseen, or If your application is not evaluated or Measures. Applicants must propose managed by the applicant that do not not selected for funding, we notify you. project-specific performance measures meet high standards of quality (4 2. Administrative and National Policy and performance targets consistent with points). Requirements: We identify the objectives of the proposed project. (5) The qualifications, including administrative and national policy Applications must provide the relevant training and experience, of the requirements in the application package following information as directed under project director, chief executive officer and reference these and other 34 CFR 75.110(b) and (c): or organization leader, and key project requirements in the Applicable (1) Performance measures. How each personnel, especially in managing Regulations section of this notice. proposed performance measure (as projects of the size and scope of the We reference the regulations outlining defined in this notice) would accurately proposed project (4 points). the terms and conditions of an award in measure the performance of the project (e) Quality of the evaluation plan. (34 the Applicable Regulations section of and how the proposed performance CFR 75.210(h)(2)(iv)) (5 points) this notice and include these and other measure would be consistent with the The Secretary considers the quality of specific conditions in the GAN. The performance measures established for the evaluation to be conducted of the GAN also incorporates your approved the program funding the competition. proposed project. In determining the application as part of your binding (2) Baseline data. (i) Why each quality of the evaluation, the Secretary commitments under the grant. proposed baseline (as defined in this considers the extent to which the 3. Reporting: (a) If you apply for a notice) is valid; or (ii) If the applicant methods of evaluation include the use grant under this competition, you must has determined that there are no of objective performance measures that ensure that you have in place the established baseline data for a particular are clearly related to the intended necessary processes and systems to performance measure, an explanation of outcomes of the project and will comply with the reporting requirements why there is no established baseline and produce quantitative and qualitative in 2 CFR part 170 should you receive of how and when, during the project data. funding under the competition. This period, the applicant would establish a 3. Review and Selection Process: We does not apply if you have an exception valid baseline for the performance remind potential applicants that in under 2 CFR 170.110(b). measure. reviewing applications in any (b) At the end of your project period, (3) Performance targets. Why each discretionary grant competition, the you must submit a final performance proposed performance target (as defined

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35333

in this notice) is ambitious (as defined compliance with the assurances in its Overview Information: in this notice) yet achievable compared approved application, including those Center for Best Practices to Support to the baseline for the performance applicable to Federal civil rights laws Single Parent Students Notice inviting measure and when, during the project that prohibit discrimination in programs applications for a new award for fiscal period, the applicant would meet the or activities receiving Federal financial year (FY) 2014. performance target(s). assistance from the Department (34 CFR Catalog of Federal Domestic Assistance Note: The Secretary encourages the 100.4, 104.5, 106.4, 108.8, and 110.23). (CFDA) Number: 84.116L. applicant to consider measures and targets VII. Agency Contact DATES: tied to their grant activities (for instance, if Applications Available: June 20, 2014. grant funds will support professional FOR FURTHER INFORMATION CONTACT: development for teachers and other staff, Deadline for Transmittal of LaShawndra Thornton, U.S. Department Applications: July 21, 2014. applicants should include measures related of Education, 400 Maryland Avenue to the outcomes for the professional Deadline for Intergovernmental development), as well as to student academic SW., room 4W257, Washington, DC Review: September 18, 2014. achievement during the grant period. The 20202–5970. Telephone: (202) 453–5617 measures should be sufficient to gauge the or by email: lashawndra.thornton@ Full Text of Announcement progress throughout the grant period, and ed.gov. I. Funding Opportunity Description show results by the end of the grant period. If you use a TDD or a TTY, call the For technical assistance in developing FRS, toll free, at 1–800–877–8339. Purpose of Program: The purpose of effective performance measures, applicants this program is to support a Center for are encouraged to review information VIII. Other Information Best Practices to Support Single Parent provided by the Department’s Regional Accessible Format: Individuals with Students, to study and develop best Educational Laboratories (RELs). The RELs practices for institutions of higher seek to build the capacity of States and disabilities can obtain this document and a copy of the application package in education to support single parents who school districts to incorporate data and are also students attending these research into education decision-making. an accessible format (e.g., braille, large Each REL provides research support and print, audiotape, or compact disc) on institutions. The Center funded under technical assistance to its region but makes request to the program contact person this section must: (a) Assist institutions learning opportunities available to educators listed under FOR FURTHER INFORMATION implementing innovative programs that everywhere. For example, the REL Northeast CONTACT in section VII of this notice. support single parents pursuing higher and Islands has created the following Electronic Access to This Document: education; (b) study and develop an resource on logic models: http:// The official version of this document is evaluation protocol for such programs relpacific.mcrel.org/ELM.html. the document published in the Federal that includes quantitative and (4) The applicant must also describe Register. Free Internet access to the qualitative methodologies; (c) provide in the application: (i) The data official edition of the Federal Register appropriate technical assistance collection and reporting methods the and the Code of Federal Regulations is regarding the replication, evaluation, applicant would use and why those available via the Federal Digital System and continuous improvement of such methods are likely to yield reliable, at: www.gpo.gov/fdsys. At this site you programs; and (d) develop and valid, and meaningful performance data, can view this document, as well as all disseminate best practices for these and (ii) the applicant’s capacity to other documents of this Department programs. collect and report reliable, valid, and published in the Federal Register, in This notice contains one Competitive meaningful performance data, as text or Adobe Portable Document Preference Priority. For 2014, this evidenced by high-quality data Format (PDF). To use PDF you must priority is a competitive preference collection, analysis, and reporting in have Adobe Acrobat Reader, which is priority. Under 34 CFR 75.105(c)(1), we other projects or research. available free at the site. award any application that meets this Note: If the applicant does not have You may also access documents of the competitive preference priority an experience with collection and reporting of Department published in the Federal additional three points. Applicants must performance data through other projects or Register by using the article search clearly mark the Abstract and research, the applicant should provide other feature at: www.federalregister.gov. Information page in the application evidence of capacity to successfully carry out Specifically, through the advanced package if they intend to address this data collection and reporting for their search feature at this site, you can limit competitive preference priority. The proposed project. your search to documents published by competitive preference priority is: All grantees must submit an annual Projects at four-year institutions of performance report with information that is the Department. responsive to these performance measures. higher education that can demonstrate Dated: June 17, 2014. expertise in the development of 5. Continuation Awards: In making a Nadya Chinoy Dabby, programs to assist single parents who continuation award, the Secretary may Assistant Deputy Secretary for Innovation and are students at institutions of higher consider, under 34 CFR 75.253, the Improvement. education, as shown by the institution’s extent to which a grantee has made [FR Doc. 2014–14506 Filed 6–19–14; 8:45 am] development of a variety of targeted ‘‘substantial progress toward meeting BILLING CODE 4000–01–P services to such students, including on- the objectives in its approved campus housing, child care, counseling, application.’’ This consideration advising, internship opportunities, includes the review of a grantee’s DEPARTMENT OF EDUCATION financial aid, and financial aid progress in meeting the targets and counseling and assistance. projected outcomes in its approved Applications for New Award; Center for application, and whether the grantee Best Practices To Support Single Note: The Department establishes this Parent Students competitive priority to respond to has expended funds in a manner that is congressional intent that the Center funded consistent with its approved application AGENCY: Office of Postsecondary under this competition be located at an and budget. In making a continuation Education, Department of Education. institution with demonstrated expertise in grant, the Secretary also considers ACTION: Notice. developing programs to assist single parent whether the grantee is operating in students. The Department believes that the

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35334 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

best way to ensure that the successful 2. (a) Cost Sharing or Matching: This • Use one of the following fonts: applicant is an institution that can program does not require cost sharing or Times New Roman, Courier, Courier demonstrate such expertise is by awarding matching. New, or Arial. An application submitted additional points to applicants that credibly in any other font (including Times address this priority, as assessed by non- IV. Application and Submission Roman or Arial Narrow) will not be federal reviewers. Information accepted. 1. Address to Request Application Waiver of Proposed Rulemaking The page limit does not apply to Part Package: You can obtain an application I, the Application for Federal Assistance Under the Administrative Procedure package via the Internet or from the (SF 424) and the Department of Act (5 U.S.C. 553), the Department Education Publications Center (ED Education Supplemental Information for generally offers interested parties the Pubs). the SF 424 Form; the one-page Abstract; opportunity to comment on proposed To obtain a copy via the Internet, use Budget Information—Non-Construction priorities, definitions, and other the following address: www.ed.gov/ Programs (ED 524); or Part IV, the requirements. Section 437(d)(1) of the fund/grant/apply/grantapps/index.html. Assurances and Certifications. The page To obtain a copy from ED Pubs, write, General Education Provisions Act limit also does not apply to a Table of fax, or call the following: ED Pubs, U.S. (GEPA), however, allows the Secretary Contents, if you include one. However, Department of Education, P.O. Box to exempt from rulemaking the page limit does apply to all of the 22207, Alexandria, VA 22304. requirements, regulations governing the project narrative section in Part III. Telephone, toll free: 1–877–433–7827. first grant competition under a new or If you include any attachments or FAX: (703) 605–6794. If you use a substantially revised program authority. appendices not specifically requested, telecommunications device for the deaf This is the first grant competition for the these items will be counted as part of (TDD) or a text telephone (TTY), call, Center for Best Practices to Support the program narrative [Part III] for Single Parent Students program under toll free: 1–877–576–7734. You can contact ED Pubs at its Web purposes of the page limit requirement. 20 U.S.C. 1138(c) and therefore qualifies We will reject your application if you for this exemption. In order to ensure site, also: www.EDPubs.gov or at its email address: [email protected]. exceed the page limit. timely grant awards, the Secretary has 3. Submission Dates and Times: decided to forego public comment on If you request an application from ED Applications Available: June 20, 2014. the priorities, definitions, and Pubs, be sure to identify this program or Deadline for Transmittal of requirements under section 437(d)(1) of competition as follows: CFDA number Applications: July 21, 2014. GEPA. These priorities, selection 84.116L. Applications for grants under this criteria, definitions and requirements Individuals with disabilities can program must be submitted will apply to the FY 2014 grant obtain a copy of the application package electronically using the Grants.gov competition only. in an accessible format (e.g., braille, large print, audiotape, or compact disc) Apply site (Grants.gov). For information Program Authority: 20 U.S.C. 1138(c).\ by contacting the program contact (including dates and times) about how Applicable Regulations: (a) The person listed in this section. to submit your application Education Department General 2. Content and Form of Application electronically, or in paper format by Administrative Regulations (EDGAR) in Submission: Requirements concerning mail or hand delivery if you qualify for 34 CFR parts 74, 75, 77, 79, 80, 82, 84, the content of an application, together an exception to the electronic 86, 97, 98, and 99. (b) The Education with the forms you must submit, are in submission requirement, please refer to Department suspension and debarment the application package for this section IV. 7. Other Submission regulations in 2 CFR part 3485. program. Requirements of this notice. Page Limit: The application narrative We do not consider an application II. Award Information (Part III of the application) is where you, that does not comply with the deadline Type of Award: Discretionary grant. the applicant, address the selection requirements. Estimated Available Funds: $495,000. criteria that reviewers use to evaluate Individuals with disabilities who Contingent upon the availability of your application. You must limit the need an accommodation or auxiliary aid funds and the quality of applications, application narrative to no more than 20 in connection with the application we may make additional awards in FY pages, using the following standards: process should contact the person listed 2015 from the list of unfunded • A ‘‘page’’ is 8.5″ x 11″, on one side under FOR FURTHER INFORMATION applicants from this competition. only, with 1″ margins at the top, bottom, CONTACT in section VII of this notice. If Estimated Range of Award: $450,000– and both sides. the Department provides an $495,000. Note: For purposes of determining accommodation or auxiliary aid to an Maximum Award: We will reject any compliance with the page limit, each page on individual with a disability in application that proposes a budget which there are words will be counted as one connection with the application exceeding $495,000 for the entire full page. process, the individual’s application project period. The Assistant Secretary • Double space (no more than three remains subject to all other for Postsecondary Education may lines per vertical inch) all text in the requirements and limitations in this change the maximum amount through a application narrative, except titles, notice. notice published in the Federal headings, footnotes, endnotes, Deadline for Intergovernmental Register. quotations, references, and captions. Review: September 18, 2014. Estimated Number of Awards: 1. Charts, tables, figures, and graphs in the 4. Intergovernmental Review: This Note: The Department is not bound by any application narrative may be single program is subject to Executive Order estimates in this notice. spaced. 12372 and the regulations in 34 CFR Project Period: Up to 48 months. • Use a font that is either 12 point or part 79. Information about larger; or, no smaller than 10 pitch Intergovernmental Review of Federal III. Eligibility Information (characters per inch). However, you may Programs under Executive Order 12372 1. Eligible Applicants: Four-year use a 10 point font in charts, tables, is in the application package for this Institutions of higher education (IHEs). figures, graphs, footnotes, and endnotes. competition.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35335

5. Funding Restrictions: We reference DUNS number and TIN in SAM or application must be fully uploaded and regulations outlining funding updating your existing SAM account, submitted and must be date and time restrictions in the Applicable we have prepared a SAM.gov Tip Sheet, stamped by the Grants.gov system no Regulations section of this notice. which you can find at: www2.ed.gov/ later than 4:30:00 p.m., Washington, DC 6. Data Universal Numbering System fund/grant/apply/sam-faqs.html. time, on the application deadline date. Number, Taxpayer Identification In addition, in order to submit your Except as otherwise noted in this Number, and System for Award application via Grants.gov, you must (1) section, we will not accept your Management: To do business with the be designated by your organization as an application if it is received—that is, date Department of Education, you must— Authorized Organization Representative and time stamped by the Grants.gov a. Have a Data Universal Numbering (AOR); and (2) register yourself with system—after 4:30:00 p.m., Washington, System (DUNS) number and a Taxpayer Grants.gov as an AOR. Details on these DC time, on the application deadline Identification Number (TIN); steps are outlined at the following date. We do not consider an application b. Register both your DUNS number Grants.gov Web page: www.grants.gov/ that does not comply with the deadline and TIN with the System for Award web/grants/register.html. requirements. When we retrieve your Management (SAM) (formerly the 7. Other Submission Requirements: application from Grants.gov, we will Central Contractor Registry (CCR)), the Applications for grants under this notify you if we are rejecting your Government’s primary registrant program must be submitted application because it was date and time database; electronically unless you qualify for an stamped by the Grants.gov system after c. Provide your DUNS number and exception to this requirement in 4:30:00 p.m., Washington, DC time, on TIN on your application; and accordance with the instructions in this the application deadline date. d. Maintain an active SAM section. • The amount of time it can take to registration with current information a. Electronic Submission of upload an application will vary while your application is under review Applications. depending on a variety of factors, by the Department and, if you are Applications for grants under the including the size of the application and awarded a grant, during the project Center for Best Practices to Support the speed of your Internet connection. period. Single Parent Students, CFDA number Therefore, we strongly recommend that You can obtain a DUNS number from 84.116L, must be submitted you do not wait until the application Dun and Bradstreet. A DUNS number electronically using the deadline date to begin the submission can be created within one to two Governmentwide Grants.gov Apply site process through Grants.gov. at www.Grants.gov. Through this site, business days. • You should review and follow the you will be able to download a copy of If you are a corporate entity, agency, Education Submission Procedures for the application package, complete it institution, or organization, you can submitting an application through offline, and then upload and submit obtain a TIN from the Internal Revenue Grants.gov that are included in the your application. You may not email an Service. If you are an individual, you application package for this competition electronic copy of a grant application to can obtain a TIN from the Internal to ensure that you submit your Revenue Service or the Social Security us. We will reject your application if you application in a timely manner to the Administration. If you need a new TIN, Grants.gov system. You can also find the please allow 2–5 weeks for your TIN to submit it in paper format unless, as described elsewhere in this section, you Education Submission Procedures become active. pertaining to Grants.gov under News The SAM registration process can take qualify for one of the exceptions to the and Events on the Department’s G5 approximately seven business days, but electronic submission requirement and system home page at http://www.G5.gov. may take upwards of several weeks, submit, no later than two weeks before • You will not receive additional depending on the completeness and the application deadline date, a written point value because you submit your accuracy of the data entered into the statement to the Department that you application in electronic format, nor SAM database by an entity. Thus, if you qualify for one of these exceptions. will we penalize you if you qualify for think you might want to apply for Further information regarding an exception to the electronic Federal financial assistance under a calculation of the date that is two weeks submission requirement, as described program administered by the before the application deadline date is elsewhere in this section, and submit Department, please allow sufficient time provided later in this section under your application in paper format. to obtain and register your DUNS Exception to Electronic Submission • number and TIN. We strongly Requirement. You must submit all documents recommend that you register early. You may access the electronic grant electronically, including all information application for the Center for Best you typically provide on the following Note: Once your SAM registration is active, forms: The Application for Federal you will need to allow 24 to 48 hours for the Practices to Support Single Parent Students at www.Grants.gov. You must Assistance (SF 424), the Department of information to be available in Grants.gov and Education Supplemental Information for before you can submit an application through search for the downloadable application Grants.gov. package for this competition by the SF 424, Budget Information—Non- CFDA number. Do not include the Construction Programs (ED 524), and all If you are currently registered with CFDA number’s alpha suffix in your necessary assurances and certifications. • the SAM, you may not need to make any search (e.g., search for 84.116, not You must upload any narrative changes. However, please make certain 84.116L). sections and all other attachments to that the TIN associated with your DUNS Please note the following: your application as files in a PDF number is correct. Also note that you • When you enter the Grants.gov site, (Portable Document) read-only, non- will need to update your registration you will find information about modifiable format. Do not upload an annually. This may take three or more submitting an application electronically interactive or fillable PDF file. If you business days. through the site, as well as the hours of upload a file type other than a read- Information about SAM is available at operation. only, non-modifiable PDF or submit a www.SAM.gov. To further assist you • Applications received by Grants.gov password-protected file, we will not with obtaining and registering your are date and time stamped. Your review that material.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35336 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

• Your electronic application must application to Grants.gov before the (2) A legible mail receipt with the comply with any page-limit application deadline date and time or if the date of mailing stamped by the U.S. requirements described in this notice. technical problem you experienced is Postal Service. • After you electronically submit unrelated to the Grants.gov system. (3) A dated shipping label, invoice, or your application, you will receive from receipt from a commercial carrier. Exception to Electronic Submission Grants.gov an automatic notification of (4) Any other proof of mailing Requirement: You qualify for an receipt that contains a Grants.gov acceptable to the Secretary of the U.S. exception to the electronic submission tracking number. (This notification Department of Education. requirement, and may submit your indicates receipt by Grants.gov only, not If you mail your application through application in paper format, if you are receipt by the Department.) The the U.S. Postal Service, we do not unable to submit an application through Department then will retrieve your accept either of the following as proof application from Grants.gov and send a the Grants.gov system because— • of mailing: second notification to you by email. You do not have access to the (1) A private metered postmark. This second notification indicates that Internet; or (2) A mail receipt that is not dated by • the Department has received your You do not have the capacity to the U.S. Postal Service. application and has assigned your upload large documents to the If your application is postmarked after application a PR/Award number (an ED- Grants.gov system; the application deadline date, we will specified identifying number unique to and not consider your application. your application). • No later than two weeks before the • Note: The U.S. Postal Service does not We may request that you provide us application deadline date (14 calendar uniformly provide a dated postmark. Before original signatures on forms at a later days; or, if the fourteenth calendar day relying on this method, you should check date. before the application deadline date with your local post office. Application Deadline Date Extension falls on a Federal holiday, the next c. Submission of Paper Applications in Case of Technical Issues with the business day following the Federal by Hand Delivery. Grants.gov System: If you are holiday), you mail or fax a written If you qualify for an exception to the experiencing problems submitting your statement to the Department, explaining electronic submission requirement, you application through Grants.gov, please which of the two grounds for an (or a courier service) may deliver your contact the Grants.gov Support Desk, exception prevent you from using the paper application to the Department by toll free, at 1–800–518–4726. You must Internet to submit your application. obtain a Grants.gov Support Desk Case hand. You must deliver the original and If you mail your written statement to two copies of your application, by hand, Number and must keep a record of it. the Department, it must be postmarked If you are prevented from on or before the application deadline no later than two weeks before the date, to the Department at the following electronically submitting your application deadline date. If you fax application on the application deadline address: U.S. Department of Education, your written statement to the Application Control Center, Attention: date because of technical problems with Department, we must receive the faxed the Grants.gov system, we will grant you (CFDA Number 84.116L), 550 12th statement no later than two weeks Street SW., Room 7039, Potomac Center an extension until 4:30:00 p.m., before the application deadline date. Washington, DC time, the following Plaza, Washington, DC 20202–4260. Address and mail or fax your The Application Control Center accepts business day to enable you to transmit statement to: Kelly Harris, Center for your application electronically or by hand deliveries daily between 8:00 a.m. Best Practices to Support Single Parent and 4:30:00 p.m., Washington, DC time, hand delivery. You also may mail your Students, U.S. Department of Education, application by following the mailing except Saturdays, Sundays, and Federal 1990 K Street NW., Room 6161, holidays. instructions described elsewhere in this Washington, DC 20006–8544. FAX: notice. (202) 502–7877. Note for Mail or Hand Delivery of Paper If you submit an application after Applications: If you mail or hand deliver 4:30:00 p.m., Washington, DC time, on Your paper application must be your application to the Department— the application deadline date, please submitted in accordance with the mail (1) You must indicate on the envelope or hand delivery instructions described contact the person listed under FOR and—if not provided by the Department—in in this notice. FURTHER INFORMATION CONTACT in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the section VII of this notice and provide an b. Submission of Paper Applications by Mail. competition under which you are submitting explanation of the technical problem your application; and you experienced with Grants.gov, along If you qualify for an exception to the electronic submission requirement, you (2) The Application Control Center will with the Grants.gov Support Desk Case mail to you a notification of receipt of your Number. We will accept your may mail (through the U.S. Postal grant application. If you do not receive this application if we can confirm that a Service or a commercial carrier) your notification within 15 business days from the technical problem occurred with the application to the Department. You application deadline date, you should call Grants.gov system and that that problem must mail the original and two copies the U.S. Department of Education affected your ability to submit your of your application, on or before the Application Control Center at (202) 245– 6288. application by 4:30:00 p.m., application deadline date, to the Department at the following address: Washington, DC time, on the V. Application Review Information application deadline date. The U.S. Department of Education, Department will contact you after a Application Control Center, Attention: 1. Selection Criteria: The selection determination is made on whether your (CFDA Number 84.116L), LBJ Basement criteria for this program are from 34 CFR application will be accepted. Level 1, 400 Maryland Avenue SW., 75.210 and are listed in the application Washington, DC 20202–4260. package. Note: The extensions to which we refer in this section apply only to the unavailability You must show proof of mailing 2. Review and Selection Process: We of, or technical problems with, the Grants.gov consisting of one of the following: remind potential applicants that in system. We will not grant you an extension (1) A legibly dated U.S. Postal Service reviewing applications in any if you failed to fully register to submit your postmark. discretionary grant competition, the

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35337

Secretary may consider, under 34 CFR report, including financial information, Electronic Access to This Document: 75.217(d)(3), the past performance of the as directed by the Secretary. If you The official version of this document is applicant in carrying out a previous receive a multi-year award, you must the document published in the Federal award, such as the applicant’s use of submit an annual performance report Register. Free Internet access to the funds, achievement of project that provides the most current official edition of the Federal Register objectives, and compliance with grant performance and financial expenditure and the Code of Federal Regulations is conditions. The Secretary may also information as directed by the Secretary available via the Federal Digital System consider whether the applicant failed to under 34 CFR 75.118. The Secretary at: www.gpo.gov/fdsys. At this site, you submit a timely performance report or may also require more frequent can view this document, as well as all submitted a report of unacceptable performance reports under 34 CFR other documents of this Department quality. 75.720(c). For specific requirements on published in the Federal Register, in In addition, in making a competitive reporting, please go to www.ed.gov/ text or Adobe Portable Document grant award, the Secretary also requires fund/grant/apply/appforms/ Format (PDF). To use PDF you must various assurances including those appforms.html. have Adobe Acrobat Reader, which is applicable to Federal civil rights laws 4. Performance Measures: Under 34 available free at this site. that prohibit discrimination in programs CFR 75.110, the Secretary has You may also access documents of the or activities receiving Federal financial established the following Government Department published in the Federal assistance from the Department of Performance and Results Act of 1993 Register by using the article search Education (34 CFR 100.4, 104.5, 106.4, (GPRA) performance measures for the feature at: www.federalregister.gov. 108.8, and 110.23). Center for Best Practices to Support Specifically, through the advanced 3. Special Conditions: Under 34 CFR Single Parent Students: (1) The extent to search feature at this site, you can limit 74.14 and 80.12, the Secretary may which the project is institutionalized at your search to documents published by impose special conditions on a grant if the end of the project period; and (2) the Department. the applicant or grantee is not The extent to which the efficacy of the Dated: June 16, 2014. financially stable; has a history of strategies developed, identified or unsatisfactory performance; has a disseminated by the grantee is Lynn B. Mahaffie, financial or other management system supported by the evidence that meets Acting Assistant Secretary for Postsecondary that does not meet the standards in 34 What Works Clearinghouse Standards Education. CFR parts 74 or 80, as applicable; has With or Without Reservations (Note: [FR Doc. 2014–14386 Filed 6–19–14; 8:45 am] not fulfilled the conditions of a prior The link for the What Works BILLING CODE 4000–01–P grant; or is otherwise not responsible. Clearinghouse Procedures and Standards Handbook (Version 2.1, VI. Award Administration Information September 2011), can be found at: DEPARTMENT OF ENERGY 1. Award Notices: If your application http://ies.ed.gov/nvee/wwc/references/ [FE Docket Nos. 14–28–LNG; 14–26–NG; is successful, we notify your U.S. idocviewer/doc.aspx?docid=19& 14–27–LNG; 14–33–NG; 13–155–LNG; 14– Representative and U.S. Senators and tocid=1). 30–LNG] send you a Grant Award Notification These measures constitute the (GAN); or we may send you an email Department’s indicators of success for Universal LNG Solutions Inc.; Noble containing a link to access an electronic this program. Consequently, we advise Americas Gas & Power Corp.; Shell NA version of your GAN. We may notify an applicant for a grant under this LNG LLC; Toyota Motor Engineering & you informally, also. program to give careful consideration to Manufacturing North America, Inc.; If your application is not evaluated or these measures in conceptualizing the ConocoPhillips Alaska Natural Gas not selected for funding, we notify you. approach and evaluation for its Corporation; BG LNG Services, LLC; 2. Administrative and National Policy proposed project. Orders Granting Authority To Import Requirements: We identify If funded, you will be required to and Export Natural Gas, To Import and administrative and national policy collect and report data in your project’s Export Liquefied Natural Gas and requirements in the application package annual performance report (34 CFR Vacating Prior Authority During April and reference these and other 75.590). 2014 requirements in the Applicable VII. Agency Contact Regulations section in this notice. AGENCY: Office of Fossil Energy, We reference the regulations outlining FOR FURTHER INFORMATION CONTACT: Department of Energy. the terms and conditions of an award in Kelly Harris, Center for Best Practices to ACTION: Notice of orders. the Applicable Regulations section in Support Single Parent Students, U.S. this notice and include these and other Department of Education, 1990 K Street SUMMARY: The Office of Fossil Energy specific conditions in the GAN. The NW., Room 6161, Washington, DC (FE) of the Department of Energy gives GAN also incorporates your approved 20006–8544. Telephone: (202) 219–7083 notice that during April 2014, it issued application as part of your binding or by email: [email protected]. orders granting authority to import and commitments under the grant. If you use a TDD or a TTY, call the export natural gas, to import and export 3. Reporting: (a) If you apply for a FRS, toll free, at 1–800–877–8339. liquefied natural gas and to vacate prior grant under this competition, you must authority. These orders are summarized ensure that you have in place the VIII. Other Information in the attached appendix and may be necessary processes and systems to Accessible Format: Individuals with found on the FE Web site at http:// comply with the reporting requirements disabilities can obtain this document www.fossil.energy.gov/programs/ in 2 CFR part 170 should you receive and a copy of the application package in gasregulation/authorizations/Orders- funding under the competition. This an accessible format (e.g., braille, large 2014.html. They are also available for does not apply if you have an exception print, audiotape, or compact disc) on inspection and copying in the Office of under 2 CFR 170.110(b). request to the program contact person Fossil Energy, Office of Oil and Gas (b) At the end of your project period, listed under FOR FURTHER INFORMATION Global Security and Supply, Docket you must submit a final performance CONTACT in section VII of this notice. Room 3E–033, Forrestal Building, 1000

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35338 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Independence Avenue SW., Issued in Washington, DC, on June 9, 2014. Washington, DC 20585, (202) 586–9478. John A. Anderson, The Docket Room is open between the Director, Division of Natural Gas Regulatory hours of 8:00 a.m. and 4:30 p.m., Activities, Office of Oil and Gas Global Monday through Friday, except Federal Security and Supply, Office of Oil and holidays. Natural Gas. Appendix

DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS

3414 ..... 04/25/14 14–28–LNG ...... Universal LNG Solutions Inc ...... Order granting blanket authority to export LNG to Canada/Mexico in ISO containers trans- ported by vessel, and to import LNG from var- ious international sources in ISO containers transported by vessel. 3415 ..... 04/10/14 14–26–NG ...... Noble Americas Gas & Power Corp .... Order granting blanket authority to import/export natural gas from/to Canada/Mexico, to import LNG from various international sources by vessel and to vacate prior authority—Order 3098. 3416 ..... 04/10/14 14–27–LNG ...... Shell NA LNG LLC ...... Order granting blanket authority to import LNG from various international sources by vessel. 3417 ..... 04/10/14 14–33–NG ...... Toyota Motor Engineering & Manufac- Order granting blanket authority to export nat- turing North America, Inc. ural gas to Mexico. 3418 ..... 04/14/14 13–155–LNG ...... ConocoPhillips Alaska Natural Gas Order granting blanket authority to export LNG Corporation. by vessel from the Kenai LNG Facility near Kenai, Alaska to Non-Free Trade Agreement nations. 3419 ..... 04/10/14 14–30–LNG ...... BG LNG Services, LLC ...... Order granting blanket authority to import LNG from various international sources by vessel.

[FR Doc. 2014–14454 Filed 6–19–14; 8:45 am] forums. The DOE is also coordinating DEPARTMENT OF ENERGY BILLING CODE 6450–01–P with other Sector Specific Agency (SSA) representatives and interested Environmental Management Site- government stakeholders for the Specific Advisory Board, Northern New DEPARTMENT OF ENERGY development of the Guidance. Mexico Energy Sector Framework The DOE invites energy sector AGENCY: Department of Energy. Implementation Guidance stakeholder participation in bi-weekly ACTION: Notice of open meeting. conference calls being held jointly by AGENCY: Department of Energy. the ESCC and ONG SCC forums. These SUMMARY: This notice announces a ACTION: Notice of Stakeholder forums also provide periodic combined meeting of the Environmental Participation. opportunities for participants to Monitoring and Remediation Committee comment on the incremental updates to and Waste Management Committee of SUMMARY: The Department of Energy the Draft Framework Implementation the Environmental Management Site- (DOE) invites public participation in Guidance document. The document is Specific Advisory Board (EM SSAB), DOE’s efforts to develop a guidance being designed to help energy sector Northern New Mexico (known locally as document entitled: Energy Sector stakeholders develop or align existing the Northern New Mexico Citizens’ Framework Implementation Guidance. cybersecurity risk management Advisory Board [NNMCAB]). The FOR FURTHER INFORMATION CONTACT: programs with the Cybersecurity Federal Advisory Committee Act (Pub. Requests for participation in DOE’s Framework. The document will also L. 92–463, 86 Stat. 770) requires that Guidance development efforts and take into consideration energy sector public notice of this meeting be additional information should be organizations that may have business announced in the Federal Register. directed to Cyber.Framework@ activities across multiple critical DATES: Wednesday, July 9, 2014 2 p.m.– hq.doe.gov. infrastructure sectors, e.g., Dams, 4 p.m. SUPPLEMENTARY INFORMATION: Since the Transportation, Chemicals, etc. ADDRESSES: NNMCAB Office, 94 Cities release of the Cybersecurity Framework requiring a harmonized implementation of Gold Road, Santa Fe, NM 87506. by the National Institute of Standards approach with these other sectors. FOR FURTHER INFORMATION CONTACT: and Technology (NIST) on February 12, Authority: Section 8(b) of the Executive Menice Santistevan, Northern New 2014, DOE has engaged both private and Order 13636, ‘‘Improving Critical Mexico Citizens’ Advisory Board, 94 public sector stakeholders for the Infrastructure Cybersecurity’’ Cities of Gold Road, Santa Fe, NM development of the Energy Sector 87506. Phone (505) 995–0393; Fax (505) Issued at Washington, DC, on June 16, Framework Implementation Guidance 989–1752 or Email: 2014. (Guidance). The DOE is currently [email protected]. Patricia A. Hoffman, collaborating with private sector SUPPLEMENTARY INFORMATION: stakeholders through the Electricity Assistant Secretary, Electricity Delivery and Purpose of the Board: The purpose of Subsector Coordinating Council (ESCC) Energy Reliability. the Board is to make recommendations and the Oil & Natural Gas Subsector [FR Doc. 2014–14453 Filed 6–19–14; 8:45 am] to DOE–EM and site management in the Coordinating Council (ONG SCC) BILLING CODE 6450–01–P areas of environmental restoration,

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35339

waste management, and related the public at their combined committee g. Filed Pursuant to: Federal Power activities. meeting and will make every effort to Act, 16 U.S.C. 791(a)–825(r). Purpose of the Environmental accommodate persons with physical h. Applicant Contact: Brian Deason, Monitoring and Remediation Committee disabilities or special needs. If you Hydroelectric Compliance Analyst, 2890 (EM&R): The EM&R Committee provides require special accommodations due to Mosquito Road, Placerville, CA 95667, a citizens’ perspective to NNMCAB on a disability, please contact Menice (530) 642–4064. current and future environmental Santistevan at least seven days in i. FERC Contact: Christopher Chaney, remediation activities resulting from advance of the meeting at the telephone (202) 502–6778, christopher.chaney@ historical Los Alamos National number listed above. Written statements ferc.gov. Laboratory (LANL) operations and, in may be filed with the Committees either j. Deadline for filing comments, particular, issues pertaining to before or after the meeting. Individuals motions to intervene, and protests, is 30 groundwater, surface water and work who wish to make oral statements days from the issuance date of this required under the New Mexico pertaining to agenda items should notice by the Commission. The Environment Department Order on contact Menice Santistevan at the Commission strongly encourages Consent. The EM&R Committee will address or telephone number listed electronic filing. Please file any motion keep abreast of DOE–EM and site above. Requests must be received five to intervene, protest, comments, and/or programs and plans. The committee will days prior to the meeting and reasonable recommendations using the work with the NNMCAB to provide provision will be made to include the Commission’s eFiling system at http:// assistance in determining priorities and presentation in the agenda. The Deputy www.ferc.gov/docs-filing/efiling.asp. the best use of limited funds and time. Designated Federal Officer is Commenters can submit brief comments Formal recommendations will be empowered to conduct the meeting in a up to 6,000 characters, without prior proposed when needed and, after fashion that will facilitate the orderly registration, using the eComment system consideration and approval by the full conduct of business. Individuals at http://www.ferc.gov/docs-filing/ NNMCAB, may be sent to DOE–EM for wishing to make public comments will ecomment.asp. You must include your action. be provided a maximum of five minutes name and contact information at the end Purpose of the Waste Management to present their comments. of your comments. For assistance, (WM) Committee: The WM Committee Minutes: Minutes will be available by please contact FERC Online Support at reviews policies, practices and writing or calling Menice Santistevan at [email protected], (866) procedures, existing and proposed, so as the address or phone number listed 208–3676 (toll free), or (202) 502–8659 to provide recommendations, advice, above. Minutes and other Board (TTY). In lieu of electronic filing, please suggestions and opinions to the documents are on the Internet at: http:// send a paper copy to: Secretary, Federal NNMCAB regarding waste management www.nnmcab.energy.gov. Energy Regulatory Commission, 888 operations at the Los Alamos site. Issued at Washington, DC, on June 16, First Street NE., Washington, DC 20426. Tentative Agenda: 2014. The first page of any filing should 1. 2 p.m.—Approval of Agenda LaTanya R. Butler, include docket number P–13714–001. 2. 2:02 p.m.—Approval of Minutes from Deputy Committee Management Officer. k. Description of Request: El Dorado April 9, 2014 [FR Doc. 2014–14474 Filed 6–19–14; 8:45 am] Irrigation District proposes to amend the 3. 2:05 p.m.—Old Business BILLING CODE 6405–01–P exemption to reduce the number of • Report from Annual Evaluation Ad authorized generating units from three Hoc Committee, Suggested Changes to two, and reduce the installed capacity to Board Process—Alex Puglisi, DEPARTMENT OF ENERGY from 590 kilowatts to 420 kilowatts. Due Ashley Sanderson, Manuel Pacheco to the reduction in units, El Dorado also 4. 2:15 p.m.—New Business Federal Energy Regulatory proposes to reduce the size of the • Consideration and Action on Draft Commission powerhouse and project boundary. Recommendation 2014–02: [Project No. 13714–001] l. Locations of the Application: This Institution of Measures to Help filing may be viewed on the Ensure Waste Isolation Pilot Plant El Dorado Irrigation District; Notice of Commission’s Web site at http:// (WIPP) and Los Alamos National Application To Amend Exemption www.ferc.gov/docs-filing/elibrary.asp. Laboratory Transuranic Disposal (Conduit) Accepted for Filing, Enter the docket number P–13714 in the Operations Remain Continually Soliciting Comments, Motions To docket number field to access the Operational Intervene, and Protests document. You may also register online 5. 2:30 p.m.—Update from Executive at http://www.ferc.gov/docs-filing/ Take notice that the following Committee—Carlos Valdez, Chair esubscription.asp to be notified via hydroelectric application has been filed 6. 2:40 p.m.—Update from DOE—Lee email of new filings and issuances with the Commission and is available Bishop, Deputy Designated Federal related to this or other pending projects. Officer for public inspection: a. Type of Application: Amendment For assistance, call 1–866–208–3676 or • Update on WIPP Status and Issues email [email protected], for 7. 3:15 p.m. Committee Breakout of Exemption (Conduit). b. Project No: 13714–001. TTY, call (202) 502–8659. A copy is also Session available for inspection and • c. Date Filed: May 22, 2014. Review Committee Work Plans for d. Applicant: El Dorado Irrigation reproduction at the address in item (h) Impacts from Changes in 3706 District. above and at the Commission’s Public Campaign e. Name of Project: Tank 7 In-Conduit Reference Room, located at 888 First • Discuss Topics for Committee Hydroelectric Project. Street NE., Room 2A, Washington, DC Sponsored Draft Recommendations f. Location: The small conduit 20426, or by calling (202) 502–8371. 8. 3:45 p.m.—Public Comment Period hydropower project would be located on m. Individuals desiring to be included 9. 4 p.m.—Adjourn the Pleasant Oak main pipeline at the on the Commission’s mailing list should Public Participation: The NNMCAB’s Tank 7 storage tank in El Dorado so indicate by writing to the Secretary Committees welcome the attendance of County, California. of the Commission.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35340 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

n. Comments, Protests, or Motions to DEPARTMENT OF ENERGY Schedule for Environmental Review is Intervene: Anyone may submit issued, it will indicate, among other comments, a protest, or a motion to Federal Energy Regulatory milestones, the anticipated date for the intervene in accordance with the Commission Commission staff’s issuance of the final requirements of Rules of Practice and [Docket No. CP14–496–000] environmental impact statement (FEIS) Procedure, 18 CFR 385.210, .211, .214. or EA for this proposal. The filing of the In determining the appropriate action to Dominion Transmission, Inc.; Notice of EA in the Commission’s public record take, the Commission will consider all Application for this proceeding or the issuance of a protests or other comments filed, but Notice of Schedule for Environmental Take notice that on June 2, 2014, Review will serve to notify federal and only those who file a motion to Dominion Transmission, Inc. (DTI), 120 state agencies of the timing for the intervene in accordance with the Tredegar Street, Richmond, Virginia completion of all necessary reviews, and Commission’s Rules may become a 23219, filed in Docket No. CP14–496– the subsequent need to complete all party to the proceeding. Any comments, 000, an application pursuant to section federal authorizations within 90 days of protests, or motions to intervene must 7(c) of the Natural Gas Act and Part 157 the date of issuance of the Commission be received on or before the specified of the Commission’s regulations, for a staff’s FEIS or EA. comment date for the particular certificate of public convenience and There are two ways to become application. necessity to construct and operate involved in the Commission’s review of certain compression facilities located in o. Filing and Service of Responsive this project. First, any person wishing to Marshall County, West Virginia and Documents: Any filing must (1) bear in obtain legal status by becoming a party Monroe County, Ohio known as the all capital letters the title to the proceedings for this project Clarington Project. should, on or before the comment date ‘‘COMMENTS’’, ‘‘PROTEST’’, or Specifically, DTI plans to install over ‘‘MOTION TO INTERVENE’’ as stated below, file with the Federal 16,130 of horsepower (hp) at existing Energy Regulatory Commission, 888 applicable; (2) set forth in the heading compressor stations (6, 130 hp at Burch First Street NE., Washington, DC 20426, the name of the applicant and the Ridge Stateion in Marshal County, WV a motion to intervene in accordance project number of the application to and 10,000 hp at Mullett Station in with the requirements of the which the filing responds; (3) furnish Monroe County, OH), two meter stations Commission’s Rules of Practice and the name, address, and telephone and 2,612 feet of new 20-inch diameter Procedure (18 CFR 385.214 or 385.211) number of the person protesting or suction piping and 2,756 feet of new 16- and the Regulations under the NGA (18 intervening; and (4) otherwise comply inch diameter discharge piping in CFR 157.10). A person obtaining party with the requirements of 18 CFR Monroe County, OH. The project is status will be placed on the service list 385.2001 through 385.2005. All designed to provide natural gas maintained by the Secretary of the comments, motions to intervene, or incremental firm transportation services Commission and will receive copies of protests must set forth their evidentiary of 250,000 dekatherms per day on DTI’s all documents filed by the applicant and basis and otherwise comply with the system. DTI has an initial incremental by all other parties. A party must submit requirements of 18 CFR 4.34(b). All rate to recover the costs of the Project 7 copies of filings made with the comments, motions to intervene, or facilities. The estimated cost for DTI’s Commission and must mail a copy to protests should relate to project works construction of the project is the applicant and to every other party in which are the subject of the license $76,560,748, all as more fully set forth the proceeding. Only parties to the in the application, which is on file with amendment. Agencies may obtain proceeding can ask for court review of the Commission and open to public copies of the application directly from Commission orders in the proceeding. inspection. The filing may also be However, a person does not have to the applicant. A copy of any protest or viewed on the web at http:// intervene in order to have comments motion to intervene must be served www.ferc.gov using the ‘‘eLibrary’’ link. considered. The second way to upon each representative of the Enter the docket number excluding the participate is by filing with the applicant specified in the particular last three digits in the docket number Secretary of the Commission, as soon as application. If an intervener files field to access the document. For possible, an original and two copies of comments or documents with the assistance, contact FERC at comments in support of or in opposition Commission relating to the merits of an [email protected] or call to this project. The Commission will issue that may affect the responsibilities toll-free, (866) 208–3676 or TTY, (202) consider these comments in of a particular resource agency, they 502–8659. determining the appropriate action to be must also serve a copy of the document Any questions regarding this taken, but the filing of a comment alone on that resource agency. A copy of all application should be directed to will not serve to make the filer a party other filings in reference to this Matthew R. Bley, Manager, Gas to the proceeding. The Commission’s application must be accompanied by Transmission Certificates, Dominion rules require that persons filing proof of service on all persons listed in Transmission, Inc., 701 East Cary Street, comments in opposition to the project the service list prepared by the Richmond, Virginia 23219, phone: (804) provide copies of their protests only to Commission in this proceeding, in 771–4399, fax: (804) 771–4804, or email: the party or parties directly involved in accordance with 18 CFR 4.34(b) and [email protected]. the protest. 385.2010. Pursuant to section 157.9 of the Persons who wish to comment only Commission’s rules, 18 CFR 157.9, on the environmental review of this Dated: June 16, 2014. within 90 days of this Notice the project should submit an original and Kimberly D. Bose, Commission staff will either: Complete two copies of their comments to the Secretary. its environmental assessment (EA) and Secretary of the Commission. [FR Doc. 2014–14468 Filed 6–19–14; 8:45 am] place it into the Commission’s public Environmental commentors will be BILLING CODE 6717–01–P record (eLibrary) for this proceeding; or placed on the Commission’s issue a Notice of Schedule for environmental mailing list, will receive Environmental Review. If a Notice of copies of the environmental documents,

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35341

and will be notified of meetings treatment for the Zone 3 Expansion Southern sufficient time to meet the associated with the Commission’s Project, all as more fully set forth in the June 1, 2016 in-service date set forth in environmental review process. application which is on file with the the precedent agreements. Southern Environmental commentors will not be Commission and open to public states that the Zone 3 Expansion Project required to serve copies of filed inspection. The filing may also be will result in no subsidization from documents on all other parties. viewed on the web at http:// existing shippers, and is seeking However, the non-party commentors www.ferc.gov using the ‘‘eLibrary’’ link. incremental rate treatment for the will not receive copies of all documents Enter the docket number excluding the project. The cost of the project is filed by other parties or issued by the last three digits in the docket number $93,468,931. Commission (except for the mailing of field to access the document. For Pursuant to section 157.9 of the environmental documents issued by the assistance, please contact FERC Online Commission’s rules, 18 CFR 157.9, Commission) and will not have the right Support at FERCOnlineSupport@ within 90 days of this Notice the to seek court review of the ferc.gov or toll free at (866) 208–3676, or Commission staff will either: complete Commission’s final order. TTY, contact (202) 502–8659. its environmental assessment (EA) and The Commission strongly encourages Any questions concerning this place it into the Commission’s public electronic filings of comments, protests application may be directed to Glenn A. record (eLibrary) for this proceeding; or and interventions in lieu of paper using Sheffield, Director, Rates & Regulatory issue a Notice of Schedule for the ‘‘eFiling’’ link at http:// Affairs, Southern Natural Gas Company, Environmental Review. If a Notice of www.ferc.gov. Persons unable to file LLC, 569 Brookwood Village, Suite 749, Schedule for Environmental Review is electronically should submit an original Birmingham, Alabama 35209, phone issued, it will indicate, among other _ and 5 copies of the protest or (205) 325–3813 or email glenn milestones, the anticipated date for the intervention to the Federal Energy [email protected]. Commission staff’s issuance of the final Regulatory Commission, 888 First Street Specifically, Southern will be (1) environmental impact statement (FEIS) NE., Washington, DC 20426. constructing a 3.3 mile long, 36-inch or EA for this proposal. The filing of the There is an ‘‘eSubscription’’ link on outer-diameter pipeline loop in EA in the Commission’s public record the Web site that enables subscribers to Marengo County, Alabama; (2) installing for this proceeding or the issuance of a receive email notification when a compressor unit 4,000 Horsepower (Hp) Notice of Schedule for Environmental document is added to a subscribed at an existing compressor station in Review will serve to notify federal and docket(s). For assistance with any FERC Upson County, Georgia; (3) abandoning state agencies of the timing for the Online service, please email a compressor unit 4,700 International completion of all necessary reviews, and [email protected], or call Standard Organization (ISO) Hp from the subsequent need to complete all (866) 208–3676 (toll free). For TTY, call operation at an existing compressor federal authorizations within 90 days of station in St. Bernard Parish, Louisiana (202) 502–8659. Comment Date: 5:00 the date of issuance of the Commission and relocating it to an existing p.m. Eastern Time on July 7, 2014. staff’s FEIS or EA. compressor station in Liberty County, There are two ways to become Dated: June 13, 2014. Georgia; (4) installing relocated involved in the Commission’s review of Kimberly D. Bose, compressor unit 4,700 ISO Hp and this project. First, any person wishing to Secretary. installing gas cooling at an existing obtain legal status by becoming a party [FR Doc. 2014–14373 Filed 6–19–14; 8:45 am] compressor station in Liberty County, to the proceedings for this project BILLING CODE 6717–01–P Georgia; (5) installing new gas cooling at should, on or before the comment date an existing compressor station in Glynn stated below, file with the Federal County, Georgia; (6) constructing a new Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY compressor station, one unit of 4,700 First Street, NE, Washington, DC 20426, ISO Hp and a main line valve in Nassau a motion to intervene in accordance Federal Energy Regulatory County, Florida; (7) installing with the requirements of the Commission miscellaneous upgrades at an existing Commission’s Rules of Practice and [Docket No. CP14–493–000] meter station in Wayne County, Georgia; Procedure (18 CFR 385.214 or 385.211) (8) and installing up to three pipeline and the Regulations under the NGA (18 Southern Natural Gas Company, LLC; taps and Supervisory Control and Data CFR 157.10). A person obtaining party Notice of Application for Certificate of Acquisition system interconnection status will be placed on the service list Public Convenience and Necessity along the existing Southern Cypress line maintained by the Secretary of the in Nassau and/or Duval Counties, Commission and will receive copies of Take notice that on May 30, 2014 Florida. all documents filed by the applicant and Southern Natural Gas Company, LLC Southern states that the Zone 3 by all other parties. A party must submit (Southern), 569 Brookwood Village, Expansion Project will provide 7 copies of filings made with the Suite 749, Birmingham, Alabama 35209, Southern’s customers with access to Commission and must mail a copy to filed in the above referenced docket an additional supplies of domestically- the applicant and to every other party in application pursuant to section 7(c) and produced natural gas entering the proceeding. Only parties to the 7(b) of the Natural Gas Act (NGA) and Southern’s system through its proceeding can ask for court review of Parts 157 and 284 of the Commission’s interconnections with Elba Express Commission orders in the proceeding. regulations, requesting a certificate of Company, LLC. Southern states that the However, a person does not have to public convenience and necessity project is supported by signed precedent intervene in order to have comments authorizing their Zone 3 Expansion agreements for firm transportation considered. The second way to Project. This project that creates an service with ten new and existing participate is by filing with the additional 235 million cubic feet per customers for all the capacity created by Secretary of the Commission, as soon as day (MMcf/d) of firm transportation the Zone 3 Expansion Project. Southern possible, an original and two copies of capacity on the Southern is pipeline requests that the Commission issue the comments in support of or in opposition system. Southern also requested requested authorizations on or before to this project. The Commission will authorization for incremental rate May 15, 2015, in order to allow consider these comments in

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35342 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

determining the appropriate action to be DEPARTMENT OF ENERGY Filed Date: 6/12/14. taken, but the filing of a comment alone Accession Number: 20140612–5143. Federal Energy Regulatory will not serve to make the filer a party Comments Due: 5 p.m. ET 7/3/14. to the proceeding. The Commission’s Commission rules require that persons filing Docket Numbers: ER14–2165–000. Combined Notice of Filings #1 comments in opposition to the project Applicants: BE KJ LLC. provide copies of their protests only to Take notice that the Commission Description: Notice of cancellation to the party or parties directly involved in received the following electric rate be effective 6/30/2014. the protest. filings: Filed Date: 6/12/14. Persons who wish to comment only Docket Numbers: ER14–1292–001. Accession Number: 20140612–5148. on the environmental review of this Applicants: Public Service Company Comments Due: 5 p.m. ET 7/3/14. of New Mexico. project should submit an original and Docket Numbers: ER14–2166–000. two copies of their comments to the Description: Compliance Filing of Applicants: Alabama Power Secretary of the Commission. Revised PNM Cargill TSA to be effective Company. Environmental commentors will be 12/1/2015. placed on the Commission’s Filed Date: 6/12/14. Description: Attachment S (GPCo) environmental mailing list, will receive Accession Number: 20140612–5092. Updated Depreciation Rates Filing 2014 to be effective 1/1/2014. copies of the environmental documents, Comments Due: 5 p.m. ET 7/3/14. and will be notified of meetings Docket Numbers: ER14–1865–002. Filed Date: 6/12/14. associated with the Commission’s Applicants: BETM Solutions LLC. Accession Number: 20140612–5160. environmental review process. Description: Amendment to Notice of Comments Due: 5 p.m. ET 7/3/14. Environmental commentors will not be Succession and Tariff Revision Filing to be effective 5/3/2014. Take notice that the Commission required to serve copies of filed Filed Date: 6/12/14. received the following electric documents on all other parties. Accession Number: 20140612–5047. reliability filings. However, the non-party commentors Comments Due: 5 p.m. ET 7/3/14. will not receive copies of all documents Docket Numbers: RD14–11–000. Docket Numbers: ER14–2160–000. filed by other parties or issued by the Applicants: North American Electric Applicants: Duke Energy Carolinas, Reliability Corp. Commission (except for the mailing of LLC. environmental documents issued by the Description: Petition for approval of Description: Amendment to RS 342 proposed Reliability Standards VAR– Commission) and will not have the right Cargill and DEC PSA to be effective 6/ to seek court review of the 001–4 (Voltage and Reactive Control) 10/2014. and VAR–002–3 (Generator Operation Commission’s final order. Filed Date: 6/12/14. for Maintaining Network Voltage Accession Number: 20140612–5033. The Commission strongly encourages Schedules) of North American Electric Comments Due: 5 p.m. ET 7/3/14. electronic filings of comments, protests Reliability Corporation. and interventions in lieu of paper using Docket Numbers: ER14–2161–000. Filed Date: 6/9/14. the ‘‘eFiling’’ link at http:// Applicants: Midcontinent www.ferc.gov. Persons unable to file Independent System Operator, Inc. Accession Number: 20140609–5087. electronically should submit an original Description: 2014–06–12 SMMPA Comments Due: 5 p.m. ET 7/14/14. and 14 copies of the protest or Attachment O Revisions to be effective The filings are accessible in the intervention to the Federal Energy 6/13/2014. Commission’s eLibrary system by regulatory Commission, 888 First Street, Filed Date: 6/12/14. clicking on the links or querying the NE., Washington, DC 20426. Accession Number: 20140612–5111. docket number. Comments Due: 5 p.m. ET 7/3/14. This filing is accessible on-line at Any person desiring to intervene or Docket Numbers: ER14–2162–000. protest in any of the above proceedings http://www.ferc.gov, using the Applicants: Southwest Power Pool, ‘‘eLibrary’’ link and is available for must file in accordance with Rules 211 Inc. and 214 of the Commission’s review in the Commission’s Public Description: Update to Index of Reference Room in Washington, DC. Regulations (18 CFR 85.211 and Grandfathered Agreements to be 385.214) on or before 5:00 p.m. Eastern There is an ‘‘eSubscription’’ link on the effective 8/11/2014. Web site that enables subscribers to time on the specified comment date. Filed Date: 6/12/14. Protests may be considered, but receive email notification when a Accession Number: 20140612–5134. intervention is necessary to become a document is added to a subscribed Comments Due: 5 p.m. ET 7/3/14. party to the proceeding. docket(s). For assistance with any FERC Docket Numbers: ER14–2163–000. Online service, please email eFiling is encouraged. More detailed Applicants: Green Mountain Power information relating to filing [email protected], or call Corporation. requirements, interventions, protests, (866) 208–3676 (toll free). For TTY, call Description: Partial Cancellation of service, and qualifying facilities filings (202) 502–8659. Tariff ID 200 to be effective 6/13/2014. can be found at: http://www.ferc.gov/ Comment Date: July 7, 2014. Filed Date: 6/12/14. docs-filing/efiling/filing-req.pdf. For Accession Number: 20140612–5138. other information, call (866) 208–3676 Dated: June 13, 2014. Comments Due: 5 p.m. ET 7/3/14. (toll free). For TTY, call (202) 502–8659. Kimberly D. Bose, Docket Numbers: ER14–2164–000. Secretary. Applicants: PJM Interconnection, Dated: June 12, 2014. [FR Doc. 2014–14372 Filed 6–19–14; 8:45 am] L.L.C. Kimberly D. Bose, Secretary. BILLING CODE 6717–01–P Description: Queue Position R76; Original Service Agreement No. 3862 to [FR Doc. 2014–14371 Filed 6–19–14; 8:45 am] be effective 5/13/2014. BILLING CODE 6717–01–P

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00033 Fmt 4703 Sfmt 9990 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35343

DEPARTMENT OF ENERGY Description: 2014–06–13_SA 2670 and 214 of the Commission’s GRE–NSP T–T IA to be effective 6/14/ Regulations (18 CFR 385.211 and Federal Energy Regulatory 2014. 385.214) on or before 5:00 p.m. Eastern Commission Filed Date: 6/13/14. time on the specified comment date. Accession Number: 20140613–5046. Protests may be considered, but Combined Notice of Filings #1 Comments Due: 5 p.m. ET 7/7/14. intervention is necessary to become a Take notice that the Commission Docket Numbers: ER14–2172–000. party to the proceeding. received the following electric corporate Applicants: Midcontinent eFiling is encouraged. More detailed filings: Independent System Operator, Inc. information relating to filing _ requirements, interventions, protests, Docket Numbers: EC14–102–000. Description: 2014–06–13 SA 2671 Applicants: Black Hills Wyoming, Crystal Lake-ITC MPFCA to be effective service, and qualifying facilities filings LLC. 6/14/2014. can be found at: http://www.ferc.gov/ Description: Application for Filed Date: 6/13/14. docs-filing/efiling/filing-req.pdf. For Authorization under Section 203 of the Accession Number: 20140613–5047. other information, call (866) 208–3676 Federal Power Act of Black Hills Comments Due: 5 p.m. ET 7/7/14. (toll free). For TTY, call (202) 502–8659. Wyoming, LLC. Docket Numbers: ER14–2173–000. Dated: June 13, 2014. Filed Date: 6/12/14. Applicants: Entergy Power, LLC. Kimberly D. Bose, Accession Number: 20140612–5200. Description: EPL Cancellation of Secretary. Comments Due: 5 p.m. ET 7/3/14. Confirmations 6–13–2014 to be effective [FR Doc. 2014–14467 Filed 6–19–14; 8:45 am] 11/8/2013. Take notice that the Commission BILLING CODE 6717–01–P received the following electric rate Filed Date: 6/13/14. filings: Accession Number: 20140613–5052. Comments Due: 5 p.m. ET 7/7/14. Docket Numbers: ER13–1872–002. DEPARTMENT OF ENERGY Applicants: Southwest Power Pool, Docket Numbers: ER14–2174–000. Inc. Applicants: Entergy Power, LLC. Federal Energy Regulatory Description: 2562 Kansas Municipal Description: EPL Cancellation of Commission Energy Agency NITSA and NOA Refund Tariff No 2 6–13–2014 to be effective [Project No. 13739–002] Report to be effective N/A. 12/19/2013. Filed Date: 6/12/14. Filed Date: 6/13/14. Lock+ Hydro Friends Fund XLII, LLC; Accession Number: 20140612–5162. Accession Number: 20140613–5053. Notice of Final Environmental Comments Due: 5 p.m. ET 7/3/14. Comments Due: 5 p.m. ET 7/7/14. Assessment Docket Numbers: ER14–2175–000. Docket Numbers: ER14–2167–000. In accordance with the National Applicants: Triton Power Michigan Applicants: EAM Nelson Holding, LLC. Environmental Policy Act of 1969 and LLC. the Federal Energy Regulatory Description: Notice of cancellation to Description: EAMN Cancellation of Master PPA 6–13–2014 to be effective Commission’s regulations, 18 CFR part be effective 6/30/2014. 380 (Order No. 486, 52 FR 447897), the Filed Date: 6/12/14. 12/19/2013. Office of Energy Projects has reviewed Accession Number: 20140612–5161. Filed Date: 6/13/14. the application for an original license Comments Due: 5 p.m. ET 7/3/14. Accession Number: 20140613–5055. Comments Due: 5 p.m. ET 7/7/14. for the proposed 5.25-megawatt (MW) Docket Numbers: ER14–2168–000. Braddock Locks and Dam Hydroelectric Docket Numbers: ER14–2176–000. Applicants: Wolverine Power Supply Project, which would be located on the Applicants: Midcontinent Cooperative, Inc. U.S. Army Corps of Engineers’ Braddock Independent System Operator, Inc. Description: Normal Gray IFA to be Locks and Dam facility on the Description: 2014–06–13_SA 6500 effective 6/13/2014. Monongahela River in the Borough of Escanaba SSR Renewal to be effective 6/ Filed Date: 6/13/14. West Mifflin and the City of Duquesne, 15/2014. Accession Number: 20140613–5023. Allegheny County, Pennsylvania. Filed Date: 6/13/14. Comments Due: 5 p.m. ET 7/7/14. Commission staff prepared a final Accession Number: 20140613–5056. Docket Numbers: ER14–2169–000. Environmental Assessment (EA) which Comments Due: 5 p.m. ET 7/7/14. Applicants: Lilabell Energy LLC. analyzes the potential environmental Description: Lilabell Energy, LLC Take notice that the Commission effects of construction and operation of FERC Electric Tariff to be effective 6/30/ received the following electric securities the project and concludes that issuing a 2014. filings: license for the project, with appropriate Filed Date: 6/13/14. Docket Numbers: ES14–44–000. environmental measures, would not Accession Number: 20140613–5034. Applicants: El Paso Electric Company. constitute a major federal action Comments Due: 5 p.m. ET 7/7/14. Description: Application of El Paso significantly affecting the quality of the Docket Numbers: ER14–2170–000. Electric Company under Section 204 of human environment. Applicants: Duke Energy Progress, the Federal Power Act. A copy of the final EA is on file with Inc. Filed Date: 6/12/14. the Commission and is available for Description: Cancellation of Rate Accession Number: 20140612–5184. public inspection. The final EA may Schedule No. 194 to be effective 6/12/ Comments Due: 5 p.m. ET 7/3/14. also be viewed on the Commission’s 2014. The filings are accessible in the Web site at http://www.ferc.gov using Filed Date: 6/13/14. Commission’s eLibrary system by the ‘‘eLibrary’’ link. Enter the docket Accession Number: 20140613–5044. clicking on the links or querying the number excluding the last three digits in Comments Due: 5 p.m. ET 7/7/14. docket number. the docket number field to access Docket Numbers: ER14–2171–000. Any person desiring to intervene or documents. For assistance, contact Applicants: Midcontinent protest in any of the above proceedings FERC Online Support at Independent System Operator, Inc. must file in accordance with Rules 211 [email protected] or toll-

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35344 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

free at (866) 208–3676, or for TTY, (202) The U.S. Army Corps of Engineers Room 2A, Washington, DC 20426, (202) 502–8659. (COE), U.S. Coast Guard, U.S. 502–8371. You may also register online at http:// Department of Energy (DOE), U.S. If you would like a hard copy of the www.ferc.gov/docs-filing/ Environmental Protection Agency draft EIS, please contact the Public esubscription.asp to be notified via (EPA), and U.S. Department of Reference Room. email of new filings and issuances Transportation (DOT) participated as Any person wishing to comment on related to this or other pending projects. cooperating agencies in the preparation the draft EIS may do so. To ensure For assistance, contact FERC Online of the EIS. Cooperating agencies have consideration of your comments on the Support. jurisdiction by law or special expertise proposal in the final EIS, it is important For further information contact Andy with respect to resources potentially that the Commission receive your Bernick at (202) 502–8660. affected by the proposal and participate comments before August 4, 2014. For your convenience, there are four Dated: June 13, 2014. in the NEPA analysis. The DOE will adopt and use the EIS in issuing their methods you can use to submit your Kimberly D. Bose, permit. The U.S. Coast Guard, EPA, and comments to the Commission. In all Secretary. DOT cooperated in the preparation of instances, please reference the Project [FR Doc. 2014–14374 Filed 6–19–14; 8:45 am] this EIS because of their special docket numbers (CP12–507–000 and BILLING CODE 6717–01–P expertise with respect to resources CP12–508–000) with your submission. potentially affected by the proposal. The Commission encourages electronic Although the cooperating agencies filing of comments and has expert staff DEPARTMENT OF ENERGY provide input to the conclusions and available to assist you at (202) 502–8258 recommendations presented in the draft or [email protected]. Federal Energy Regulatory (1) You can file your comments Commission EIS, the agencies will present their own conclusions and recommendations in electronically using the eComment [Docket Nos. CP12–507–000; CP12–508– their respective Records of Decision for feature on the Commission’s Web site 000] the Project. (www.ferc.gov) under the link to The draft EIS addresses the potential Documents and Filings. This is an easy Corpus Christi Liquefaction, LLC; environmental effects of the method for submitting brief, text-only Cheniere Corpus Christi Pipeline, LP; construction and operation of the comments on a project; (2) You can file your comments Notice of Availability of the Draft following Project facilities: Environmental Impact Statement for • Liquefaction facilities, including electronically by using the eFiling the Proposed Corpus Christi LNG three liquefaction trains capable of feature on the Commission’s Web site Project producing 782 million British thermal (www.ferc.gov) under the link to Documents and Filings. With eFiling, The staff of the Federal Energy units (MMBtu) per year of LNG; • vaporization facilities, including you can provide comments in a variety Regulatory Commission (FERC or two trains of ambient air vaporizers and of formats by attaching them as a file Commission) has prepared a draft send out pumps capable of vaporizing with your submission. New eFiling environmental impact statement (EIS) sufficient LNG volume for each to send users must first create an account by for the Corpus Christi LNG Project out 200 MMBtu per day of natural gas; clicking on ‘‘eRegister.’’ If you are filing (Project), proposed by Corpus Christi • LNG storage facilities, including a comment on a particular project, Liquefaction, LLC and Cheniere Corpus three LNG storage tanks each capable of please select ‘‘Comment on a Filing’’ as Christ Pipeline, LP (collectively storing 160,000 cubic meters of LNG; the filing type; or Cheniere) in the above-referenced • marine terminal with two LNG (3) You can file a paper copy of your docket. Cheniere requests authorization carrier berths; comments by mailing them to the to construct and operate the facilities • 23 miles of 42-inch-diameter following address: Kimberly D. Bose, necessary to import, export, store, pipeline; Secretary, Federal Energy Regulatory vaporize, and liquefy natural gas and • one 41,000 horsepower compressor Commission, 888 First Street NE., Room deliver the resulting product either into station and one 12,260 horsepower 1A, Washington, DC 20426. existing interstate and intrastate natural compressor station; and (4) In lieu of sending written or gas pipelines in the Corpus Christi area, • ancillary facilities. electronic comments, the Commission or export liquefied natural gas (LNG) The FERC staff mailed copies of the invites you to attend the public elsewhere. draft EIS to federal, state, and local comment meeting its staff will conduct The draft EIS assesses the potential government representatives and in the Project area to receive comments environmental effects of the agencies; elected officials; on the draft EIS. We encourage construction and operation of the environmental and public interest interested groups and individuals to Project in accordance with the groups; Native American tribes; attend and present oral comments on requirements of the National potentially affected landowners and the draft EIS. Transcripts of the Environmental Policy Act (NEPA). The other interested individuals and groups; meetings will be available for review in FERC staff concludes that approval of newspapers and libraries in the Project eLibrary under the Project docket the proposed Project, with the area; and parties to this proceeding. numbers. The meeting will begin at 7:00 mitigation measures recommended in Everyone on our environmental mailing p.m. and is scheduled as follows: the EIS, would ensure that impacts in list will receive a CD version of the draft the Project area would be avoided or EIS. In addition, the draft EIS is Date Location minimized and would not be available for public viewing on the July 15, 2014 .... Portland Community Cen- significant. Construction and operation FERC’s Web site (www.ferc.gov) using ter, 2000 Billy G Webb of the Project would result in mostly the eLibrary link. A limited number of Drive, Portland, TX temporary and short-term copies are available for distribution and 78374. environmental impacts; however, some public inspection at: Federal Energy long-term and permanent environmental Regulatory Commission, Public Any person seeking to become a party impacts would occur. Reference Room, 888 First Street NE., to the proceeding must file a motion to

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35345

intervene pursuant to Rule 214 of the DEPARTMENT OF ENERGY and NOAA Fisheries cooperated in the Commission’s Rules of Practice and preparation of this final EIS because of Procedures (18 CFR Part 385.214).1 Only Federal Energy Regulatory their special expertise with respect to intervenors have the right to seek Commission resources potentially affected by the rehearing of the Commission’s decision. [Docket Nos. CP12–509–000; CP12–29–000] proposal. Although the cooperating The Commission grants affected agencies provided input on the landowners and others with Freeport LNG Development, L.P., FLNG conclusions and recommendations environmental concerns intervenor Liquefaction, LLC, FLNG Liquefaction presented in the final EIS, the agencies status upon showing good cause by 2, LLC, FLNG Liquefaction 3, LLC; will present their own conclusions and recommendations in their respective stating that they have a clear and direct Notice of Availability of the Final Records of Decision or other interest in this proceeding which no Environmental Impact Statement for determinations for the Projects. other party can adequately represent. the Proposed Phase II Modification and Liquefaction Projects The proposed Phase II Modification Simply filing environmental comments Project includes modification to the will not give you intervenor status, but The staff of the Federal Energy previously authorized, but not you do not need intervenor status to Regulatory Commission (FERC or constructed, LNG vessel berthing dock, have your comments considered. Commission) has prepared a final LNG transfer pipelines, LNG unloading Environmental Impact Statement (EIS) Questions? arms; and the access road system. In for the Freeport LNG Phase II addition, Freeport LNG would either Additional information about the Modification Project and the eliminate or modify components of the Project is available from the Liquefaction Project (Projects) proposed previously authorized facility. by Freeport LNG Development, L.P., Commission’s Office of External Affairs, The Liquefaction Project consists of FLNG Liquefaction LLC, FLNG multiple components, including at (866) 208–FERC, or on the FERC Web Liquefaction 2, LLC, and FLNG site (www.ferc.gov) using the eLibrary facilities at and adjacent to the existing Liquefaction 3, LLC (collectively Quintana Island terminal and facilities link. Click on the eLibrary link, click on referred to as Freeport LNG) in the located beyond Quintana Island. The ‘‘General Search,’’ and enter the docket above-referenced dockets. Freeport LNG Liquefaction Plant, located at and number excluding the last three digits in requests authorization to export up to adjacent to the existing Quintana Island the Docket Number field (i.e., CP12–507 13.2 million tons of liquefied natural gas terminal, would consist of three and CP12–508). Be sure you have (LNG) per year from its proposed propane pre-cooled mixed refrigerant selected an appropriate date range. For Liquefaction Plant and associated liquefaction trains, each capable of assistance, please contact FERC Online facilities in Brazoria County, Texas and producing a nominal 4.4 million metric Support at [email protected] modify its previously approved Phase II tons per annum of LNG for export, or toll free at (866) 208–3676; for TTY, Project facilities within the Town of which equates to a total liquefaction contact (202) 502–8659. The eLibrary Quintana. capacity of approximately 1.8 billion link also provides access to the texts of The final EIS assesses the potential cubic feet per day of natural gas. formal documents issued by the environmental effects of the To support the Liquefaction Plant, Commission, such as orders, notices, construction and operation of the Freeport LNG proposes to construct a and rulemakings. Projects in accordance with the natural gas Pretreatment Plant located requirements of the National about 2.5 miles north of the existing In addition, the Commission offers a Environmental Policy Act (NEPA). The Quintana Island terminal. The free service called eSubscription that FERC staff concludes that approval of Pretreatment Plant would process the allows you to keep track of all formal the Projects would have some adverse gas for liquefaction. In addition several issuances and submittals in specific impacts; however, most of these impacts interconnecting pipelines and utility dockets. This can reduce the amount of would be reduced to less than lines including a five-mile-long, 12- time you spend researching proceedings significant levels with the inch-diameter boil-off gas feed pipeline by automatically providing you with implementation of Freeport LNG’s from the Quintana Island terminal to the notification of these filings, document proposed mitigation and the additional Pretreatment Plant (referred together as summaries, and direct links to the measures recommended by the FERC the Pipeline/Utility Line System). The documents. Go to http://www.ferc.gov/ staff in the final EIS. Liquefaction Plant, the Pretreatment docs-filing/esubscription.asp. The United States Department of Plant, and the Pipeline/Utility Line Energy (USDOE), United States System, together with the associated Dated: June 13, 2014. Environmental Protection Agency appurtenant structures, are collectively Kimberly D. Bose, (USEPA), United States Department of referred to as the Liquefaction Project. Secretary. Transportation (USDOT), the United The FERC staff mailed copies of the [FR Doc. 2014–14375 Filed 6–19–14; 8:45 am] States Army Corps of Engineers EIS to federal, state, and local BILLING CODE 6717–01–P (USACE), and the National Oceanic government representatives and Atmospheric Administration (NOAA) agencies; elected officials; Fisheries participated as cooperating environmental and public interest agencies in the preparation of the final groups; Native American tribes; EIS. Cooperating agencies have potentially affected landowners and jurisdiction by law or special expertise other interested individuals and groups; with respect to resources potentially newspapers and libraries in the project affected by the proposal and participate area; and parties to this proceeding. in the NEPA analysis. The USACE, Paper copy versions of this EIS were USEPA, and USDOE can adopt and use mailed to those specifically requesting the EIS to support their respective them; all others received a CD version. 1 See the previous discussion on the methods for permit decisions after an independent In addition, the EIS is available for filing comments. review of the document. The USDOT public viewing on the FERC’s Web site

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35346 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

(www.ferc.gov) using the eLibrary link. Dated: June 16, 2014. proceeding may seek the opportunity to A limited number of copies are available Kimberly D. Bose, respond to any facts or contentions for distribution and public inspection Secretary. made in a prohibited off-the-record at: Federal Energy Regulatory [FR Doc. 2014–14465 Filed 6–19–14; 8:45 am] communication, and may request that Commission, Public Reference Room, BILLING CODE 6717–01–P the Commission place the prohibited 888 First Street NE., Room 2A, communication and responses thereto Washington, DC 20426, (202) 502–8371. in the decisional record. The DEPARTMENT OF ENERGY Commission will grant such a request Additional information about the only when it determines that fairness so project is available from the Federal Energy Regulatory requires. Any person identified below as Commission’s Office of External Affairs, Commission having made a prohibited off-the-record at (866) 208–FERC, or on the FERC Web communication shall serve the site (www.ferc.gov) using the eLibrary [Docket No. RM98–1–000] document on all parties listed on the link. Click on the eLibrary link, click on official service list for the applicable ‘‘General Search,’’ and enter the docket Records Governing Off-the Record Communications; Public Notice proceeding in accordance with Rule number excluding the last three digits in 2010, 18 CFR 385.2010. the Docket Number field (i.e., CP12– This constitutes notice, in accordance Exempt off-the-record 509, CP12–29). Be sure you have with 18 CFR 385.2201(b), of the receipt communications are included in the selected an appropriate date range. For of prohibited and exempt off-the-record decisional record of the proceeding, assistance, please contact FERC Online communications. unless the communication was with a Support at [email protected] Order No. 607 (64 FR 51222, cooperating agency as described by 40 or toll free at (866) 208–3676; for TTY, September 22, 1999) requires CFR 1501.6, made under 18 CFR contact (202) 502–8659. The eLibrary Commission decisional employees, who 385.2201(e)(1)(v). link also provides access to the texts of make or receive a prohibited or exempt The following is a list of off-the- formal documents issued by the off-the-record communication relevant record communications recently Commission, such as orders, notices, to the merits of a contested proceeding, received by the Secretary of the and rulemakings. to deliver to the Secretary of the Commission. The communications Commission, a copy of the listed are grouped by docket numbers in In addition, the Commission offers a communication, if written, or a ascending order. These filings are free service called eSubscription which summary of the substance of any oral available for review at the Commission allows you to keep track of all formal communication. in the Public Reference Room or may be issuances and submittals in specific Prohibited communications are viewed on the Commission’s Web site at dockets. This can reduce the amount of included in a public, non-decisional file http://www.ferc.gov using the eLibrary time you spend researching proceedings associated with, but not a part of, the link. Enter the docket number, by automatically providing you with decisional record of the proceeding. excluding the last three digits, in the notification of these filings, document Unless the Commission determines that docket number field to access the summaries, and direct links to the the prohibited communication and any document. For assistance, please contact documents. Go to www.ferc.gov/docs- responses thereto should become a part FERC, Online Support at filing/esubscription.asp. of the decisional record, the prohibited [email protected] or toll off-the-record communication will not free at (866) 208–3676, or for TTY, be considered by the Commission in contact (202) 502–8659. reaching its decision. Parties to a Exempt:

Docket No. Filed date Presenter or requester

1. ER14–1386–000, ER14–1578–000, ER14–1729–000 5–20–14 Hon. Harry Reid. 2. CP13–483–000, CP13–492–000 ...... 5–29–14 FERC Staff.1 3. ER14–1386–000, ER14–1729–000, ER14–1578–000 6–2–14 Governors of the States California and Nevada. 4. ER13–1380–000 ...... 6–2–14 Hon. Patrick Maloney. 5. P–459–000 ...... 6–2–14 Hon. Mark Kirk. 6. P–516–000 ...... 6–3–14 Hon. Jeff Duncan. 7. CP13–113–000 ...... 6–5–14 Hon. Lisa Murkowski. 8. P–405–106 ...... 6–9–14 FERC Staff.2 9. P–14345–001 ...... 6–11–14 FERC Staff.3 10. CP13–552–000, CP13–553–000 ...... 6–11–14 FERC Staff.4 11. CP13–483–000 , CP13–492–000 ...... 6–16–14 FERC Staff.5

Dated: June 16, 2014. ENVIRONMENTAL PROTECTION Kimberly D. Bose, AGENCY 1 Notes from May 28, 2014 bi-weekly telephone Secretary. conference call with federal cooperating agencies. [ER–FRL–9015–5] [FR Doc. 2014–14466 Filed 6–19–14; 8:45 am] 2 Summary of April 23, May 6, May 20, May 27, and June 3, 2014 telephone and email BILLING CODE 6717–01–P Environmental Impact Statements; correspondence with Maryland Department of Notice of Availability Natural Resources. 3 eMail communication between FERC Staff and Responsible Agency: Office of Federal Mary Edgar. Activities, General Information (202) 4 Summary of May 14, 2014 conference call with 5 Notes from June 12, 2014 bi-weekly telephone 564–7146 or http://www.epa.gov/ Cheniere Creole Trail Pipeline, L.P. conference call with federal cooperating agencies. compliance/nepa/.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35347

Weekly receipt of Environmental Impact ENVIRONMENTAL PROTECTION EPA Response to Public Comments on Statements. AGENCY the September 27, 2013 Tentative Affirmative Determination Filed 06/09/2014 Through 06/13/2014. [FRL–9912–58–Region 2] Pursuant to 40 CFR 1506.9. On September 27, 2013, EPA New York State Prohibition of published notice of its tentative Notice: Section 309(a) of the Clean Air Discharges of Vessel Sewage; Final affirmative determination (‘‘TAD’’) that Act requires that EPA make public its Affirmative Determination adequate facilities for the safe and comments on EISs issued by other sanitary removal and treatment of AGENCY: Environmental Protection Federal agencies. EPA’s comment letters Agency (EPA). sewage from all vessels are reasonably on EISs are available at: http:// available within the New York State ACTION: Notice of Determination. www.epa.gov/compliance/nepa/ waters of Lake Erie, and its approval of eisdata.html. SUMMARY: Notice is hereby given that, New York’s proposal to ban the discharge of treated and untreated EIS No. 20140171, Draft EIS,WAPA, NE, pursuant to Clean Water Act Section 312(f)(3), the State of New York has sewage from vessels into those waters Interconnection of the Grande Prairie determined that the protection and under Clean Water Act (‘‘CWA’’) Wind Farm, Comment Period Ends: enhancement of the quality of the New § 312(f)(3). (78 FR 59681) Public 08/04/2014, Contact: Rod O’Sullivan York State (NYS or the State) area of comments were solicited for 30 days 720–962–7260. Lake Erie requires greater environmental and the comment period ended on EIS No. 20140172, Draft EIS, USACE, protection, and has petitioned the October 28, 2013. OR, Double-crested Cormorant United States Environmental Protection EPA received a total of eight Management Plan to Reduce Agency, Region 2, for a determination comments via letter and email. Six of Predation of Juvenile Salmonids in that adequate facilities for the safe and the commenters support EPA’s tentative affirmative determination and two the Columbia River Estuary, Comment sanitary removal and treatment of commenters oppose it. All of the Period Ends: 08/04/2014, Contact: sewage from all vessels are reasonably available for those waters, so that the relevant comments received have been Sondra Ruckwardt 503–808–4510. State may completely prohibit the considered, as discussed below, and EIS No. 20140173, Final EIS, USFS, OR, discharge from all vessels of any EPA hereby issues a final affirmative Wolf Fuels and Vegetation sewage, whether treated or not, into determination that adequate facilities Management Project, Review Period such waters. for the safe and sanitary removal and Ends: 07/28/2014, Contact: Jeff NYS has proposed to establish a treatment of sewage from all vessels are Marszal 541–416–6436. ‘‘Vessel Waste No Discharge Zone’’ for reasonably available within the New the NYS area of Lake Erie stretching York State waters of Lake Erie. EIS No. 20140174, Final EIS, USAF, NH, from the Pennsylvania-New York State Comment 1: Several commenters, Second Main Operating Base KC–46A boundary to include the upper Niagara including boaters, residents, Non- Beddown at Alternative Air National River to Niagara Falls. The proposed No Governmental Organizations (NGOs) Guard Installations, Review Period Discharge Zone encompasses and community advocates, expressed Ends: 07/21/2014, Contact: Kevin approximately 593 square miles and 84 strong support for the establishment of Marek 240–612–8855. linear shoreline miles, including the a vessel waste no discharge zone navigable portions of the Upper Niagara (‘‘NDZ’’) for the New York waters of EIS No. 20140175, Draft EIS, FERC, TX, River and numerous other tributaries Lake Erie. Some commenters pointed Corpus Christi LNG Project, Comment and harbors, embayments of the Lake out that this action will reduce Period Ends: 08/04/2014, Contact: including Barcelona Harbor, Dunkirk pathogens and chemicals, improve Kandi Barakat 202–502–6365. Harbor and Buffalo Outer Harbor, and water quality and further protect EIS No. 20140176, Final EIS, USACE, other formally designated habitats and drinking water and restore the Lake. LA, Calcasieu Lock, Louisiana waterways of local, state, and national Response: The petition was submitted Feasibility Study, Review Period significance. under CWA § 312(f)(3), which allows Ends: 07/21/2014, Contact: Timothy On December 6, 2012, the EPA New York to establish a vessel sewage K. George 314–331–8459. completed a review of NYS’s petition no discharge zone if the state and issued a tentative affirmative determines that the protection and Amended Notice: determination in the Federal Register enhancement of the quality of some or that adequate facilities for the safe and EIS No. 20140167, Final EIS, USACE, all of the waters within the state require sanitary removal and treatment of HI, Honolulu Seawater Air greater environmental protection and if sewage from all vessels for such waters EPA determines that adequate facilities Conditioning Project, Review Period are reasonably available. During the 30- for the safe and sanitary removal and Ends: 07/28/2014, Contact: Ryan day public comment period, the EPA treatment of sewage from all vessels are Winn 808–835–4309. received significant comments regarding reasonably available within those Revision to the FR Notice Published the availability of adequate pumpouts waters. Therefore, while these 6/13/2014; Correct Review Period from for commercial vessels. Specifically, comments are consistent with New 7/14/2014 to 07/28/214. two commenters submitted that the York’s determination of need, that Dated: June 17, 2014. December 6, 2012 notice did not contain determination is beyond the scope of adequate information about the EPA’s review. Cliff Rader, availability of pumpout facilities for Comment 2: Two commenters stated Director, NEPA Compliance Division, Office large commercial vessels. Subsequently, that New York’s petition did not include of Federal Activities. the EPA and New York State collected the additional information about [FR Doc. 2014–14480 Filed 6–19–14; 8:45 am] additional information to demonstrate available commercial pumpout trucks BILLING CODE 6560–50–P the reasonable availability of pumpout that was included in the republication. services for commercial vessels that use Response: In a letter to EPA dated the New York area of Lake Erie. September 6, 2013, prior to the

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35348 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

republication, DEC supplemented its Western New York Septic Tank (also see Comment 10, below). These petition with the commercial pumpout Cleaning Service purporting to numbers are consistent with the information, and that information was demonstrate those declinations. numbers contained in the petition, and subject to public review and comment Response: The purported declinations with EPA’s determination that the four in the pending TAD. are responses to a different and more pumpout truck companies are capable Comment 3: Two commenters stated elaborate survey that the commenters of serving the waste disposal needs of that the petition did not include the sent to the companies, which contains the commenters’ members’ vessels. information required to be submitted by several questions that are irrelevant to Comment 7: One commenter stated New York State under 40 CFR 140.4(a). EPA’s finding of adequacy. Therefore, a that New York’s petition should be Response: The commenters did not refusal to answer that survey is not denied because EPA Region 5 denied a specify what information was allegedly equivalent to a refusal to provide the petition from Ohio, in 2004, to designate missing from New York’s petition, and pumpout services that the companies the Ohio section of Lake Erie a no EPA has determined that New York’s specifically told EPA and DEC that they discharge zone. petition supports a finding that could provide. Additionally, the Response: Ohio’s petition submitted adequate facilities for the safe and purported response from Macken 10 years ago has no bearing on the sanitary removal and treatment of Services, Inc, is actually consistent with instant determination because EPA must sewage from commercial vessels are EPA’s findings, even if it doesn’t answer evaluate each petition on its own facts reasonably available. Specifically, the all of the commenter’s additional and merits in determining whether petition contains information questions to their satisfaction. Further, adequate facilities for the safe and demonstrating that four pumpout truck the responses from Ball Toilet and sanitary removal and treatment of companies are available to serve the Septic Service and Western New York sewage from all vessels are reasonably ports of Buffalo and Lackawanna, with Septic Tank Cleaning Services are not available. a total of ten trucks and a total pumpout specific about which questions they are Comment 8: Two commenters stated capacity of 33,500 gallons. responding to, and therefore, do not that New York’s petition does not Comment 4: Two commenters stated rebut the answers that the companies establish the need for greater that the public record is inadequate provided for New York’s petition. environmental protection because their because it does not include any Finally, there is no evidence of the members’ discharges conform to Coast communications with, or information purported oral declination. While it Guard standards for marine sanitation provided by, the vendors to support might be presumed that the commenters devices (‘‘MSDs’’) and Canadian effluent EPA’s determination and because are referring to Meyer Septic Service limitations for commercial vessels, several questions suggested by the (because the comments do not include respectively, and therefore pose no commenters were not asked of the any purported written declination from threat to human health or the marine vendors. Meyer), there is no evidence or environment. Response: EPA is not required to description of that alleged oral Response: Section 312(f) of the CWA publish all of its, or the state’s, fact- declination. specifically contemplates the imposition finding communications, as long as the Comment 6: Two commenters stated of a ban on the discharge of treated or data relied upon by EPA is published that Ball Toilet and Septic Service does untreated sewage, notwithstanding any and subject to public scrutiny and not meet the minimum criteria because other requirements to control or limit comment. The Federal Register notice it has no spill control plan or sewage pollutants in those discharges. for the pending TAD contained all of the pumping training, and because it only Furthermore, EPA’s determination in data and criteria upon which EPA based has three trucks, with holding tanks that the instant matter is limited to its tentative determination, including are too small for vessels that hold evaluating the adequacy of pumpout two criteria (hose fittings, flexibility and 4,000–111,000 gallons, require 3 hours facilities, and does not include a review length, and head pump pressure) that advance notice, and cannot guarantee of the adequacy of New York’s were suggested by the same two their availability. Certification of Need or the water commenters and incorporated by EPA Response: A spill control plan is not quality impacts of any particular and DEC in their evaluation of the required for EPA to determine that the pollutant or source. adequacy of the commercial pumpout pumpout services are reasonably Comment 9: One commenter stated companies. Other questions suggested available. Regarding the holding that the establishment of a NDZ is an by the two commenters were deemed by capacity of the pumpout trucks, during inadequate solution to water pollution EPA and DEC to be irrelevant to EPA’s the previous public comment period, in Lake Erie and also argues that its determination, and therefore were not one of these commenters submitted members’ vessels should be exempt explored. For example, the commenters evidence to EPA that their members’ from the ban because the petition does asked that the petition include vessels typically discharge sewage while not demonstrate that they are a references, insurance coverage, port holding less than 3,000 gallons, and, significant source of water pollution. access agreements, spill procedures, among the four companies that are Response: Section 312(f) of the CWA employee training information, and available to provide pumpout truck does not require that the NDZ be a total testing and labeling of hoses, none of services, there are a total of eight trucks solution to all water pollution problems which is required by the law or is with tanks equal to or greater than 3,500 in the proposed NDZ, or that the state otherwise necessary for EPA’s gallons. Therefore, the pumpout truck demonstrate that any particular vessels determination. companies have sufficient capacity to are a significant source of pollution. Comment 5: Two commenters stated meet the needs of the commenters’ Comment 10: One commenter stated that three of the four commercial vessels. Moreover, one commenter states that EPA understates the vessel traffic in pumpout companies ‘‘declined to that its members’ vessels call on the Port the proposed NDZ, and that the number service [their] vessels outright (two in of Buffalo 80 times per year (every 4– is closer to 3,000 transits per year for its writing, one orally),’’ and submitted a 5 days), and another commenter states 100 member vessels. copy of a fax from Macken Services, that its members’ vessels each transit Response: This number of vessels Inc., an email from Ball Toilet and through the New York portion of Lake contradicts the commenter’s claim, in Septic Service and an email from Erie approximately 30 times per year the same comment letter, that it has 80

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35349

member vessels. In any event, as noted amended by Public Law 95–217 and essential to the survival of a large above, even assuming 3,000 transits for Public Law 100–4, that adequate portion of lake fish or wildlife 100 vessels, each vessel would make, on facilities for the safe and sanitary population and support populations of average, 30 transits per year. removal and treatment of sewage from species which are of special concern Furthermore, not every vessel will need all vessels are reasonably available for and which have significant commercial, to discharge every time it transits the NYS area of Lake Erie. recreational, and educational value. The New York State shoreline and through the Lake Erie NDZ. New York State’s Certification of Need Comment 11: Two commenters stated waters of Lake Erie also host a variety that EPA has failed to answer the state’s The New York State Department of of swimming, boating and recreational petition within the 90 days required Environmental Conservation (DEC) activities. These recreational activities under the regulations, and therefore developed its petition in collaboration act as a source of revenue to the regional lacks authority to make the with the New York State Department of economy by bringing people to the determination. State (DOS) and the New York State shoreline, where they patronize local Response: EPA extended the public Environmental Facilities Corporation businesses. comment period and its consideration of (EFC) in order to establish a vessel Virtually all of Lake Erie is classified this petition, including issuing a second waste No Discharge Zone (NDZ) on the by New York State as Class A waters. TAD with additional information, in open waters, tributaries, harbors and This classification means that the best response to the same commenters’ embayments of the New York State area uses of these waters are for drinking, request for an extension of time to of Lake Erie, and has submitted a culinary or food processing purposes, comment on the first TAD and the same Certification of the Need for Greater recreation and fishing, and that the commenters’ request, which EPA Protection and Enhancement of Lake waters shall be suitable for fish, granted, for a meeting in order to share Erie waters. Below is a summary of the shellfish, and wildlife propagation and their concerns about the petition. basis for New York’s certification. survival. Also, when the water in the Therefore, those commenters have not The Great Lakes are the largest group Lake is used as a source of drinking been harmed by EPA’s extended of freshwater lakes on Earth, containing water, it must comply with the New consideration of the petition and have 95% of the fresh surface water in the York State Department of Health’s no valid objection to the extended United States and acting as the largest (DOH) drinking water safety standards. timeline for which they advocated and single reservoir on Earth. The glacial There are currently six New York history and the influence of the Lakes from which they benefitted. municipal and community water Comment 12: One commenter stated themselves create unique conditions supplies, including Buffalo and Erie that the petition should have been that support a wealth of biological County, that draw water from Lake Erie diversity, including over 200 globally reviewed under CWA § 312(f)(4)(B), as a to serve approximately 275,000 people. rare plants and animals and more than request to only ban vessel sewage In summary, as one of the nation’s 40 species that are found nowhere else premier water bodies, Lake Erie discharges in specified drinking water in the world. supports several important uses, intake zones. Lake Erie is the smallest and Response: The petition was submitted including drinking water supplies, shallowest of the Great Lakes, with valuable habitats, commercial shipping, under CWA § 312(f)(3). While New York depths that range from an approximate recreational boating and other notes in the petition that much of the average of 24 feet in the western basin, recreational activities, and serves as an proposed zone could be designated as to 82 feet in the deeper eastern basin. economic engine for the region. The an NDZ under CWA § 312(f)(4)(B), Because of its shallowness, it warms protection and enhancement of the open which allows for the establishment of quickly in the spring and summer and waters, tributaries, harbors and NDZs in drinking water intake zones, cools quickly in the fall. As a result, embayments of the New York State area the petition goes on to state that, in Lake Erie is the most biologically of Lake Erie require greater protection order to designate the entire New York productive of the Great Lakes. than is afforded by applicable federal State section of Lake Erie as an NDZ, the The Lake Erie watershed is also home standards. An NDZ designation covering state was submitting the information to approximately one-third of the total the NYS waters of the Lake represents required for a CWA § 312(f)(3) petition, human population of the Great Lakes one component of a comprehensive namely a Certification of Need, and a basin—11.6 million people (10 million approach to water quality management, demonstration of the adequacy of in the U.S. and 1.6 million in Canada), which also includes initiatives to pumpout facilities. Significantly, the including 17 metropolitan areas with control point and non-point source petition contains no information about more than 50,000 residents. The pollution, including pollution the location or extent of drinking water majority, 11 million people, receive associated with municipal discharges, intake zones, nor does it contain any their drinking water from the Lake. Of combined sewer overflows, and storm request to create NDZs in drinking water all the Great Lakes, Lake Erie is exposed water runoff. intake zones. to the greatest stress from urbanization, FOR FURTHER INFORMATION CONTACT: industrialization and agriculture. Adequacy and Availability of Sewage Moses Chang, (212) 637–3867, email Because the Lake Erie basin supports Pumpout Facilities address: [email protected]. the largest population, it also surpasses Adequate pumpout facilities for The EPA Region 2 NDZ Web site is: all the other Great Lakes in the amount recreational vessels are defined, under http://www.epa.gov/region02/water/ of effluent discharged from sewage the Clean Vessel Act, as one pumpout ndz/index.html. A copy of the State’s treatment plants. station for every 300–600 boats. See NDZ petition can be found there. There are 18 designated Significant Clean Vessel Act: Pumpout Station and SUPPLEMENTARY INFORMATION: Notice is Coastal Fish and Wildlife Habitats in the Dump Station Technical Guidelines hereby given that the State of New York two counties that comprise New York’s (Federal Register, Vol. 59, No. 47, has petitioned the United States Lake Erie shoreline including: March 10, 1994). Two major sources of Environmental Protection Agency, Cattaraugus Creek, Dunkirk Harbor, information were consulted to develop Region 2, (EPA) pursuant to section Buckhorn Island Wetlands and Grand a reasonable estimate of recreational 312(f)(3) of Public Law 92–500 as Island Tributaries. These habitats are vessel population. The first was DOS’s

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35350 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Clean Vessel Act Plan (‘‘Statewide recreational vessels is 15:2,204, or area of Lake Erie, the two commenters Plan’’), released in 1996. Using data 1:147. This ratio falls well within the submitted criteria they believe are from the Statewide Plan, the estimated range recommended in the Clean Vessel necessary for determining whether a number of recreational vessels in each Act guidance, and therefore pumpout truck is able to service their of the counties bordering Lake Erie is demonstrates that adequate pumpout vessels. Those criteria were taken into 2,029. The second source for the State’s facilities for the safe and sanitary consideration, and were partially estimate of the recreational vessel removal and treatment of sewage for incorporated into the list of final criteria population is boater registrations, recreational and small commercial the EPA used to determine the obtained through the New York State vessels are reasonably available for the reasonable availability of those services. Office of Parks, Recreation and Historic New York State area of Lake Erie. In addition, one commenter confirmed Preservation’s 2010 Boating Report Lake Erie is also used by large that, while large commercial vessels can (OPRHP Report) for the counties of Erie commercial vessels. The commercial hold multiple thousands of gallons of and Chautauqua (all of which have vessel population was estimated using wastewater, it is more likely that when shoreline on Lake Erie). The data in the data from the National Ballast these vessels discharge sewage, their OPRHP Report yields an estimate of Information Clearinghouse, which holding tanks contain less than 4,000 2,204 vessels with marine sanitation records ballast water discharge reports gallons of wastewater. Based on all of devices (MSDs) in the respective for ships arriving, among other places, this information, the EPA had counties, which are assumed to operate at the commercial ports in Buffalo and determined that four mobile pumpout in Lake Erie. Lackawanna. In 2010, ballast manifests companies, with approximately ten The State provided sufficient showed 62 vessels arriving at the Port of pumpout trucks (listed in Table 2, information about fifteen pumpout Buffalo and one arriving at the Gateway below), are able to provide pumpout facilities that are publicly available for Metroport, in Lackawanna. The majority services to large commercial vessels at use by recreational and small (58) of these vessels were bulkers, with the ports of Buffalo and Lackawanna. commercial vessels in the New York two passenger ship arrivals and one Assuming, conservatively, that 100 large State area of Lake Erie, and which either more listed as ‘‘other.’’ The single commercial vessels use the NYS area of discharge to a holding tank, to a arrival in Lackawanna was also a bulker. Lake Erie and given that at least four municipal wastewater treatment plant Two commenters representing companies with as many as ten or to an on-site septic system. All fifteen commercial vessel operators submitted pumpout trucks are able to provide were created through funding provided comments stating that more than 62 pumpout services to these vessels at by the Clean Vessel Act (CVA) Grant large commercial vessels use the New both New York ports, the ratio of Program, and are thus required to be York State area of Lake Erie. One pumpout facilities to commercial open to the public. Nine additional commenter estimated that the number vessels is at least 4:100, or 1:25. While marinas are located along Lake Erie in was closer to 80, while the other the Clean Vessel Act guidance applies, New York State, including five at which commenter estimated that the number by its terms, only to recreational vessels, CVA funding could support the was ‘‘over a hundred.’’ the ratio it recommends is instructive development of future pumpout Although there is no fixed for purposes of determining the facilities for recreational and small commercial vessel pumpout facility at reasonable availability of pumpout commercial vessels. However, only the either the Port of Buffalo or the Port of services for large commercial vessels as fifteen CVA-funded facilities were Lackawanna, information submitted in well. In light of the relatively low ratio considered in determining the adequacy the petition, and by companies that of pumpout companies to large and availability of pumpout facilities for provide mobile pumpout services, commercial vessels (and the even lower those vessels. Those facilities are demonstrates that at least four ratio of pumpout trucks to large summarized in Table 1, below. Using companies are available and qualified to commercial vessels), adequate pumpout those fifteen facilities, and the most provide pumpout services to large facilities for the safe and sanitary conservative estimate of small vessel commercial vessels at either port. In removal of sewage for large commercial usage of the NYS area of the Lake, the addition to commenting on the number vessels are reasonably available for the ratio of pumpout facilities to of commercial vessels using the NYS New York State area of Lake Erie.

TABLE 1—LIST OF SEWAGE PUMPOUT STATIONS IN THE LAKE ERIE NDZ SERVING RECREATIONAL AND SMALL COMMERCIAL VESSELS

Water Number Name Location Contact Days and hours of operation depth Fee information (feet)

1 ...... City of Dunkirk–Municipal Dunkirk Harbor ...... 716–366–9882 April 1–November 15, 6 6′–7′ $5.00 Dock. a.m.–6 p.m.. 2 ...... Niagara Frontier Trans. Au- Buffalo Harbor and Buffalo 716–855–7230 May 15–October 15, 7:00 6′–8′ 0.00 thority—Small Boat Harbor. River. a.m.–10:30 p.m.. 3 ...... RCR Yachts Skyway Marina Buffalo Harbor and Buffalo 716–856–6314 April 1–November 30, 8:30 12′ 5.00 River. a.m.–5:30 p.m.. 4 ...... City of Buffalo—Erie Basin Buffalo Harbor and Buffalo 716–851–5389 May 1–October 15, 7:00 10′ 6.50 Marina. River. a.m.–7:00 p.m.. 5 ...... Rich Marine Sales, Inc...... Buffalo Harbor and Buffalo 716–873–4060 May 1–November 1, 9:00 6′ 5.00 River. a.m.–5:00 p.m.. 6 ...... Harbour Place Marine Sales. Buffalo Harbor and Buffalo 716–876–5944 April 15–October 31, 24 12′ 5.00 Inc. River. Hours. 7 ...... NYSOPRHP—Beaver Island Grand Island ...... 716–278–1775 May 15–October 15, 24 10′ 5.00 State Park Transient Ma- Hours. rina.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35351

TABLE 1—LIST OF SEWAGE PUMPOUT STATIONS IN THE LAKE ERIE NDZ SERVING RECREATIONAL AND SMALL COMMERCIAL VESSELS—Continued

Water Number Name Location Contact Days and hours of operation depth Fee information (feet)

8 ...... Blue Water Marine ...... Grand Island ...... 716–773–7884 May 1–November 1, 9:00 5′ 0.00 a.m.–7:00 p.m.. 9 ...... Mid River Marina Inc ...... Tonawanda Creek ...... 716–875–7447 April 1–September 30, 9:00 5′ 5.00 a.m.–6:00 p.m.. 10 ...... Collins Marine Inc ...... Tonawanda Creek ...... 716–875–6000 April 1–November 1, 24 6′ 5.00 Hours. 11 ...... The Shores/Placid Harbor Tonawanda Creek ...... 716–625–8235 April 15–October 15, 9:00 12′ 5.00 Marine—Tonawanda Ma- a.m.–9:00 p.m.. rine Develop Corp. 12 ...... Niagara River Yacht Club ..... Tonawanda Creek ...... 716–693–2882 May 1–November 1, Dusk– NA 3.00 Dawn. 13 ...... Smith Boys of North Tona- Tonawanda Creek ...... 716–695–3472 April–November, 24 Hours ... 8′ 0.00 wanda—Upgrade. 14 ...... East Pier Marine, Inc ...... Tonawanda Creek ...... 716–693–6604 May 1–November 15, 9:00 5′ 5.00 a.m.–8:00 p.m.. 15 ...... NYSOPRHP—Big Six Mile Grand Island ...... 716–278–1775 May 1–November 1, 24 10′ 5.00 Creek State Marina. Hours.

TABLE 2—LIST OF SEWAGE PUMPOUT SERVICES CAPABLE OF SERVING LARGE COMMERCIAL VESSELS IN THE PROPOSED, LAKE ERIE NDZ

Head pump Truck Fee/ Number of sewage Hose fittings & pres- serve cost Number Name of company Location & contact hauler pumpout Days and hours of length sure the per information trucks/holding operation (feet) to port 1,000 capacity reach area gal 46.5 ft

1 ...... Macken Services, 22 Simme Road, 3 sewage trucks— Mon–Fri 7:00 Flexible 100 ft ...... Yes ... Yes ... $230 Inc. Lancaster, NY 2 4,000 gal and a.m.–5:00 p.m.; 14086, Tel—716 1—2,500 gal. or by appoint- 683 0704. ment. 2 ...... Meyer Septic Serv- 7130 Olean Road, 3 sewage trucks— Mon–Fri 8:00 Flexible up to 175 Yes ... Yes ... 255 ice. South Wales, 3,500 gal each. a.m.–2:00 p.m.; ft. NY 14139, Tel— or by appoint- 716 652 0553. ment. 3 ...... Western New York 3045 Daniels 2 sewage truck— Mon–Fri 7:00 Flexible up to 200 Yes ... Yes ... 350 Septic Tank Road, Wilson, 4,000 gal each. a.m.–5:00 p.m.; ft. Cleaning Service. NY 14172, Tel— or by appoint- 716 751 9611. ment. 4 ...... Ball Toilet & Septic 3725 Jeffrey Blvd., 2 sewage truck— Mon–Fri 6:00 Flexible up to 200 Yes ... Yes ... 230 Service. Blasdell, NY 1,000 gal and a.m.–4:30 p.m.; ft. 14219, Tel—716 5,000 gal. or by appoint- 823 3606. ment.

Based on the information above, the FEDERAL COMMUNICATIONS opportunity to comment on the EPA hereby makes a final affirmative COMMISSION following information collection(s). determination that adequate facilities Comments are requested concerning: for the safe and sanitary removal and Information Collection Being Reviewed Whether the proposed collection of treatment of sewage from all vessels are by the Federal Communications information is necessary for the proper available for the waters of the New York Commission performance of the functions of the State area of Lake Erie. AGENCY: Federal Communications Commission, including whether the Dated: June 4, 2014. Commission. information shall have practical utility; the accuracy of the Commission’s ACTION: Notice and request for Judith A. Enck, burden estimate; ways to enhance the comments. Regional Administrator, Region 2. quality, utility, and clarity of the [FR Doc. 2014–14489 Filed 6–19–14; 8:45 am] SUMMARY: As part of its continuing effort information collected; ways to minimize BILLING CODE 6560–50–P to reduce paperwork burden and as the burden of the collection of required by the Paperwork Reduction information on the respondents, Act (PRA) of 1995 (44 U.S.C. 3501– including the use of automated 3520), the Federal Communications collection techniques or other forms of Commission invites the general public information technology; and ways to and other Federal agencies to take this further reduce the information burden

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35352 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

for small business concerns with fewer Commission is requesting OMB The FCC may not conduct or sponsor than 25 employees. The FCC may not approval for an extension of this a collection of information unless it conduct or sponsor a collection of information collection. The information displays a currently valid OMB Control information unless it displays a sought will assist 800 MHz licensees in Number. No person shall be subject to currently valid OMB control number. preventing or resolving interference and any penalty for failing to comply with No person shall be subject to any enable the Commission to implement its a collection of information subject to the penalty for failing to comply with a rebanding program. Under that program, PRA that does not display a valid OMB collection of information subject to the certain licensees are being relocated to Control Number. Paperwork Reduction Act (PRA) that new frequencies in the 800 MHz band, DATES: Written PRA comments should does not display a valid OMB control with all rebanding costs paid by Sprint be submitted on or before July 21, 2014. number. Nextel Corporation (Sprint). The If you anticipate that you will be Commission’s overarching objective in DATES: Written Paperwork Reduction submitting PRA comments, but find it this proceeding is to eliminate Act (PRA) comments should be difficult to do so within the period of interference to public safety submitted on or before August 19, 2014. time allowed by this notice, you should communications. The Commission’s If you anticipate that you will be advise the FCC contact listed below as orders provided for the 800 MHz submitting PRA comments, but find it soon as possible. licensees in non-border areas to difficult to do so within the period of ADDRESSES: Submit your PRA comments complete rebanding by June 26, 2008. time allowed by this notice, you should to Nicholas A. Fraser, Office of This completion date was not met and advise the FCC contact listed below as Management and Budget (OMB), via fax the Commission orders also provide for soon as possible. at 202–395–5167, or via the Internet at rebanding to be completed in the areas [email protected] and ADDRESSES: Submit your PRA comments along the U.S. borders with Canada and to Leslie F. Smith, Office of Managing to Benish Shah, Federal Mexico. Communications Commission, via the Director (OMD), Federal Internet at [email protected]. To Federal Communications Commission. Communications Commission (FCC), via submit your PRA comments by email Marlene H. Dortch, the Internet at [email protected]. To send them to: [email protected]. Secretary, Office of the Secretary, Office of submit your PRA comments by email, Managing Director. FOR FURTHER INFORMATION CONTACT: please send them to: [email protected]. Benish Shah, Office of Managing [FR Doc. 2014–14395 Filed 6–19–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: Director, (202) 418–7866. BILLING CODE 6712–01–P Leslie F. Smith, Office of Managing SUPPLEMENTARY INFORMATION: Director (OMD), Federal OMB Control Number: 3060–1080. Communications Commission (FCC), at FEDERAL COMMUNICATIONS 202–418–0217, or via the Internet at: Title: Improving Public Safety COMMISSION Communications in the 800 MHz Band. [email protected]. Form Number: N/A. Information Collection Being SUPPLEMENTARY INFORMATION: Type of Review: Extension of a Submitted for Review and Approval to OMB Control Number: 3060–0470. currently approved collection. the Office of Management and Budget Title: Section 64.901, Allocation of Respondents: Business or other for- (OMB) Cost; Section 64.903, Cost Allocation profit entities; and State, local or tribal Manuals; and RAO Letters 19 and 26. governments. AGENCY: Federal Communications Form Number: N/A. Number of Respondents: 670 Commission (FCC). Type of Review: Extension of a respondents; 3,118 responses. ACTION: Notice; request for comments. currently approved collection. Estimated Time per Response: 4.5 Respondents: Business or other for- hours (range of 30 minutes to 10 hours). SUMMARY: As part of its continuing effort profit. Frequency of Response: On occasion to reduce paperwork burden and as Number of Respondents: 1 reporting requirement and third party required by the Paperwork Reduction respondent; 2 responses. disclosure requirement. Act (PRA) of 1995 (44 U.S.C. 3502– Estimated Time per Response: 200 Obligation To Respond: Required to 3520), the FCC invites the general hours. obtain or retain benefits. Statutory public and other Federal agencies to Frequency of Response: On occasion authority for this information collection take this opportunity to comment on the and annual reporting requirements. is contained in 47 U.S.C. 151, 154, 160, following information collection. Obligation To Respond: Required to 251–254, 303, and 332. Comments are requested concerning: obtain or retain benefits. Statutory Total Annual Burden: 10,691 hours. Whether the proposed collection of authority for this information collection Total Annual Cost: $48,800. information is necessary for the proper is contained in 47 U.S.C. 151, 154, 201– Privacy Impact Assessment: N/A. performance of the functions of the 205, 215, and 218–220. Nature and Extent of Confidentiality: Commission, including whether the Total Annual Burden: 400 hours. The Commission will work with information shall have practical utility; Total Annual Cost: No cost. respondents to ensure that their the accuracy of the Commission’s Privacy Act Impact Assessment: No concerns regarding the confidentiality of burden estimates; ways to enhance the impact(s). any proprietary or public safety- quality, utility, and clarity of the Nature and Extent of Confidentiality: sensitive information are resolved in a information collected; ways to minimize The information is not of a confidential manner consistent with the the burden of the collection of nature. Respondents who believe that Commission’s rules. See 47 CFR 0.459. information on the respondents, certain information to be of a Needs and Uses: The Commission including the use of automated proprietary nature may solicit will submit this expiring information collection techniques or other forms of confidential treatment in accordance collection to the Office of Management information technology; and ways to with 47 CFR 0.459 of the Commission’s Budget (OMB) after this 60 day further reduce the information rules. comment period in order to obtain the collection burden on small business Needs and Uses: Section 64.901 full three year clearance from them. The concerns with fewer than 25 employees. requires carriers to separate their

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35353

regulated costs from nonregulated costs Federal Communications Commission. PLACE: 999 E Street NW., Washington, using the attributable cost method of Marlene H. Dortch, DC cost allocation. Carriers must follow the Secretary, Office of the Secretary, Office of STATUS: This Meeting Will Be Closed To principles described in section 64.901. Managing Director. The Public. Carriers subject to section 64.901 are [FR Doc. 2014–14393 Filed 6–19–14; 8:45 am] also subject to the provisions of 47 CFR BILLING CODE 6712–01–P ITEMS TO BE DISCUSSED: 32.23 and 32.27 of the Commission’s Compliance matters pursuant to 2 rules. Section 64.903(a) requires each U.S.C. 437g. local exchange carrier with annual Information the premature disclosure operating revenues that equal or exceed FEDERAL DEPOSIT INSURANCE CORPORATION of which would be likely to have the indexed revenue threshold, as considerable adverse effect on the defined in 47 CFR 32.9000, to file with Sunshine Act Meeting implementation of a proposed the Commission a manual containing Commission action. Pursuant to the provisions of the information regarding its allocation of * * * * * costs between regulated and non- ‘‘Government in the Sunshine Act’’ (5 regulated activities. Section 64.903(b) U.S.C. 552b), notice is hereby given that PERSON TO CONTACT FOR INFORMATION: requires that carriers update their cost at 10:00 a.m. on Tuesday, June 17, 2014, Judith Ingram, Press Officer, Telephone: allocation manuals (CAMs) at least the Board of Directors of the Federal (202) 694–1220. Deposit Insurance Corporation met in annually; except that changes to the cost Shelley E. Garr, apportionment table and the description closed session to consider matters related to the Corporation’s supervision, Acting Secretary and Clerk of the of time reporting procedures must be Commission. corporate, and resolution activities. filed at the time of implementation. [FR Doc. 2014–14509 Filed 6–18–14; 11:15 am] Proposed changes in the description of In calling the meeting, the Board BILLING CODE 6715–01–P time reporting procedures, the statement determined, on motion of Vice concerning affiliate transactions, and Chairman Thomas M. Hoenig, seconded the cost apportionment table must be by Director Jeremiah O. Norton (Appointive), concurred in by Paul M. accompanied by a statement quantifying FEDERAL RESERVE SYSTEM the impact of each change on regulated Nash (Deputy Comptroller of the operations. Changes in the description Currency) acting in the place and stead Change in Bank Control Notices; of time reporting procedures and the of Director Thomas J. Curry Acquisitions of Shares of a Bank or statement concerning affiliate (Comptroller of the Currency), Director Bank Holding Company transactions must be quantified in Richard Cordray (Director, Consumer $100,000 increments at the account Financial Protection Bureau), and The notificants listed below have Chairman Martin J. Gruenberg, that level. Changes in the cost applied under the Change in Bank Corporation business required its apportionment table must be quantified Control Act (12 U.S.C. 1817(j)) and consideration of the matters which were in $100,000 increments at the cost pool § 225.41 of the Board’s Regulation Y (12 to be the subject of this meeting on less level. Moreover, filing of CAMs and CFR 225.41) to acquire shares of a bank than seven days’ notice to the public; occasional updates are subject to the or bank holding company. The factors that no earlier notice of the meeting was that are considered in acting on the uniform format and standard procedures practicable; that the public interest did specified in Responsible Accounting notices are set forth in paragraph 7 of not require consideration of the matters the Act (12 U.S.C. 1817(j)(7)). Officer (RAO) Letter 19. RAO Letter 26 in a meeting open to public observation; The notices are available for provides guidance to carriers in revising and that the matters could be immediate inspection at the Federal their CAMs to reflect changes to the considered in a closed meeting by Reserve Bank indicated. The notices affiliate transactions rules pursuant to authority of subsections (c)(4), (c)(6), also will be available for inspection at the Accounting Safeguards Order (FCC (c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10) the offices of the Board of Governors. 96–490). The CAM is reviewed by the of the ‘‘Government in the Sunshine Interested persons may express their Commission to ensure that all costs are Act’’ (5 U.S.C. 552b(c)(4), (c)(6), (c)(8), views in writing to the Reserve Bank properly classified between regulated c)(9)(A)(ii), (c)(9)(B), and (c)(10)). indicated for that notice or to the offices and nonregulated activity. Uniformity in The meeting was held in the Board of the Board of Governors. Comments the CAMs helps improve the joint cost Room of the FDIC Building located at must be received not later than July 7, allocation process. In addition, this 550 17th Street NW., Washington, DC. uniformity gives the Commission greater 2014. Dated: June 17, 2014. reliability in financial data submitted by A. Federal Reserve Bank of the carriers through the Automated Federal Deposit Insurance Corporation. Minneapolis (Jacquelyn K. Brunmeier, Reporting Management Information Valerie J. Best, Assistant Vice President) 90 Hennepin System (ARMIS). In a Memorandum Assistant Executive Secretary. Avenue, Minneapolis, Minnesota Opinion and Order in WC Docket No. [FR Doc. 2014–14507 Filed 6–18–14; 11:15 am] 55480–0291: 07–21 (FCC 08–120) the Commission BILLING CODE P 1. Neil Anderson, Chanhassen, forbore from many of its cost allocation Minnesota, Charles Budde, Faribault, rules as they apply to the former Bell Minnesota, and David Hellmuth, Eden Operating Companies. As reflected in FEDERAL ELECTION COMMISSION Prairie, Minnesota, as a group acting in the May 2011 update to this information concert; to acquire voting shares of collection, this decreased the number of Sunshine Act Meeting Morristown Holding Company, respondents affected by the Excelsior, Minnesota, and thereby requirements of these rule sections. We AGENCY: Federal Election Commission. indirectly acquire voting shares of Lake are not changing the number of DATE & TIME: Tuesday June 24, 2014 At Country Community Bank, Morristown, respondents with this submission. 10 a.m. Minnesota.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35354 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Board of Governors of the Federal Reserve 1. Pathfinder Bancorp, Inc., Oswego, contract-inventories-guidance- System, June 17, 2014. New York; to become a bank holding 11052010.pdf. HHS has posted its Michael J. Lewandowski, company by acquiring Pathfinder Bank, inventory and a summary of the Associate Secretary of the Board. Oswego, New York. Upon the inventory on the HHS homepage at the [FR Doc. 2014–14486 Filed 6–19–14; 8:45 am] conversion of Pathfinder Bancorp, MHC, following link: http://www.hhs.gov/ BILLING CODE 6210–01–P and Pathfinder Bancorp, Inc., both in grants/servicecontracts. Oswego, New York, the existing mid-tier FOR FURTHER INFORMATION CONTACT: holding company of Pathfinder Bank, Questions regarding the service contract FEDERAL RESERVE SYSTEM will cease to exist, and Pathfinder Bank inventory should be directed to Lori will become a wholly-owned subsidiary Sakalos, Director in the HHS/Office of Formations of, Acquisitions by, and of Pathfinder Bancorp, Inc., a de novo the Secretary, Assistant Secretary for Mergers of Bank Holding Companies company. Financial Resources, Office of Grants C. Federal Reserve Bank of Atlanta and Acquisition Policy and The companies listed in this notice (Chapelle Davis, Assistant Vice Accountability, Office of Acquisition have applied to the Board for approval, President) 1000 Peachtree Street NE., Policy at 202–690–6361 or pursuant to the Bank Holding Company Atlanta, Georgia 30309: [email protected]. Act of 1956 (12 U.S.C. 1841 et seq.) 1. Heritage Financial Group, Inc., (BHC Act), Regulation Y (12 CFR Part Albany, Georgia; to become a bank Dated: June 13, 2014. 225), and all other applicable statutes holding company by acquiring 100 Angela Billups, and regulations to become a bank percent of the voting shares of Alarion Associate Deputy Assistant Secretary for holding company and/or to acquire the Financial Services, Inc., and thereby Acquisition, Senior Procurement Executive, assets or the ownership of, control of, or acquire Alarion Bank, both in Ocala, Assistant Secretary for Financial Resources, Office of the Secretary. the power to vote shares of a bank or Florida. bank holding company and all of the [FR Doc. 2014–14434 Filed 6–19–14; 8:45 am] Board of Governors of the Federal Reserve BILLING CODE 4150–24–P banks and nonbanking companies System, June 17, 2014. owned by the bank holding company, Michael J. Lewandowski, including the companies listed below. Associate Secretary of the Board. DEPARTMENT OF HEALTH AND The applications listed below, as well [FR Doc. 2014–14485 Filed 6–19–14; 8:45 am] HUMAN SERVICES as other related filings required by the BILLING CODE 6210–01–P Board, are available for immediate Centers for Medicare & Medicaid inspection at the Federal Reserve Bank Services indicated. The applications will also be DEPARTMENT OF HEALTH AND available for inspection at the offices of [Document Identifiers: CMS–381, CMS–R– HUMAN SERVICES 21 and CMS–R–148] the Board of Governors. Interested persons may express their views in Office of the Assistant Secretary for Agency Information Collection writing on the standards enumerated in Financial Resources, Office of Grants Activities: Proposed Collection; the BHC Act (12 U.S.C. 1842(c)). If the and Acquisition Policy and Comment Request proposal also involves the acquisition of Accountability, Division of Acquisition; AGENCY: a nonbanking company, the review also Public Availability of the Department of Centers for Medicare & includes whether the acquisition of the Health and Human Services FY 2013 Medicaid Services, HHS. nonbanking company complies with the Service Contract Inventory ACTION: Notice. standards in section 4 of the BHC Act SUMMARY: The Centers for Medicare & (12 U.S.C. 1843). Unless otherwise AGENCY: Department of Health and Medicaid Services (CMS) is announcing noted, nonbanking activities will be Human Services. an opportunity for the public to conducted throughout the United States. ACTION: Notice of Public Availability of FY 2013 Service Contract Inventories. comment on CMS’ intention to collect Unless otherwise noted, comments information from the public. Under the regarding each of these applications SUMMARY: In accordance with Section Paperwork Reduction Act of 1995 (the must be received at the Reserve Bank 743 of Division C of the Consolidated PRA), federal agencies are required to indicated or the offices of the Board of Appropriations Act of 2010 (Pub. L. publish notice in the Federal Register Governors not later than July 17, 2014. 111–117), Department of Health and concerning each proposed collection of A. Federal Reserve Bank of Boston Human Services (HHS) is publishing information (including each proposed (Richard Walker, Community Affairs this notice to advise the public of the extension or reinstatement of an existing Officer) 600 Atlantic Avenue, Boston, availability of its FY 2013 Service collection of information) and to allow Massachusetts 02210–2204: Contract Inventory. This inventory 60 days for public comment on the 1. Beverly Financial, Inc., Beverly, provides information on service contract proposed action. Interested persons are Massachusetts; to become a bank actions over $25,000 that were made in invited to send comments regarding our holding company by acquiring 100 FY 2013. The information is organized burden estimates or any other aspect of percent of the voting shares of Beverly by function to show how contracted this collection of information, including Bank, Beverly, Massachusetts, in resources are distributed throughout the any of the following subjects: (1) The connection with the conversion of agency. The inventory has been necessity and utility of the proposed Beverly Financial, MHC, Beverly, developed in accordance with guidance information collection for the proper Massachusetts from mutual to stock issued on November 5, 2010 and performance of the agency’s functions; form. December 19, 2011 by the Office of (2) the accuracy of the estimated B. Federal Reserve Bank of Management and Budget’s Office of burden; (3) ways to enhance the quality, Philadelphia (William Lang, Senior Vice Federal Procurement Policy (OFPP). utility, and clarity of the information to President) 100 North 6th Street, OFPP’s guidance is available at http:// be collected; and (4) the use of Philadelphia, Pennsylvania 19105– www.whitehouse.gov/sites/default/files/ automated collection techniques or 1521: omb/procurement/memo/service- other forms of information technology to

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35355

minimize the information collection Under the Paperwork Reduction Act amount of overpayments and offsetting burden. (PRA) (44 U.S.C. 3501–3520), federal the overpayments by withholding the DATES: Comments must be received by agencies must obtain approval from the provider’s Medicare payments. To August 19, 2014. Office of Management and Budget effectuate the withholding, the state (OMB) for each collection of ADDRESSES: When commenting, please agency must provide their respective information they conduct or sponsor. reference the document identifier or CMS regional office with certain The term ‘‘collection of information’’ is OMB control number (OCN). To be documentation that identifies the defined in 44 U.S.C. 3502(3) and 5 CFR assured consideration, comments and provider and the Medicaid overpayment 1320.3(c) and includes agency requests recommendations must be submitted in amount. The agency must also or requirements that members of the any one of the following ways: demonstrate that the provider was public submit reports, keep records, or 1. Electronically. You may send your notified of the overpayment and that provide information to a third party. comments electronically to http:// Section 3506(c)(2)(A) of the PRA demand for the overpayment was made. www.regulations.gov. Follow the requires federal agencies to publish a An opportunity to appeal the instructions for ‘‘Comment or 60-day notice in the Federal Register overpayment determination must be Submission’’ or ‘‘More Search Options’’ concerning each proposed collection of afforded to the provider by the Medicaid to find the information collection information, including each proposed state agency. Lastly, Medicaid state document(s) that are accepting extension or reinstatement of an existing agencies must notify CMS when to comments. collection of information, before terminate the withholding. 2. By regular mail. You may mail submitting the collection to OMB for written comments to the following Form Number: CMS–R–21 (OCN: approval. To comply with this address: CMS, Office of Strategic 0938–0287); Frequency: Occasionally; requirement, CMS is publishing this Operations and Regulatory Affairs, Affected Public: State, Local, or Tribal notice. Division of Regulations Development, Governments; Number of Respondents: Attention: Document Identifier/OMB Information Collection 54; Total Annual Responses: 27; Total Control Number ll, Room C4–26–05, 1. Type of Information Collection Annual Hours: 81. (For policy questions 7500 Security Boulevard, Baltimore, Request: Revision of a currently regarding this collection contact Stuart Maryland 21244–1850. approved collection; Title of Goldstein at 410–786–0694). To obtain copies of a supporting Information Collection: Identification of 3. Type of Information Collection statement and any related forms for the Extension Units of Medicare Approved Request: Extension of a currently proposed collection(s) summarized in Outpatient Physical Therapy/Outpatient approved collection; Title of this notice, you may make your request Speech Pathology (OPT/OSP) Providers Information Collection: Limitations on using one of following: and Supporting Regulations; Use: The 1. Access CMS’ Web site address at Provider Related Donations and Health provider uses the form to report to the Care Related Taxes; Limitation on http://www.cms.hhs.gov/ state survey agency extension locations PaperworkReductionActof1995. Payment to Disproportionate Share that it has added since the date of last Hospitals; Use: States may request a 2. Email your request, including your report. The form is used by the state waiver of either or both the broad based address, phone number, OMB number, survey agencies and by our regional and uniformity tax program and CMS document identifier, to offices to identify and monitor [email protected]. extension locations to ensure their requirements. Each state must 3. Call the Reports Clearance Office at compliance with the federal demonstrate that its tax program(s) do (410) 786–1326. requirements for the providers of not violate the hold harmless provision. FOR FURTHER INFORMATION CONTACT: outpatient physical therapy and speech- Additionally, state Medicaid agencies Reports Clearance Office at (410) 786– language pathology services. must report (quarterly) on health care 1326. Form Number: CMS–381 (OMB related taxes collected and the source of SUPPLEMENTARY INFORMATION: control number: 0938–0273); Frequency: provider related donations received by Annually; Affected Public: Private the state or unit of local government. Contents Sector; Business or other for-profit and Each state must maintain, in readily This notice sets out a summary of the not-for-profit institutions; Number of reviewable form, supporting use and burden associated with the Respondents: 2,260; Total Annual documentation that provides a detailed following information collections. More Responses: 2,260; Total Annual Hours: description of each donation and tax detailed information can be found in 565. (For policy questions regarding this program being reported, as well as the each collection’s supporting statement collection contact James Cowher at 410– source and use of all donations received and associated materials (see 786–1948.) and collected. Without this information, ADDRESSES). 2. Type of Information Collection the amount of Federal financial Request: Extension of a currently CMS–381 Identification of Extension participation payable to a state cannot approved collection; Title of Units of Medicare Approved be determined. Outpatient Physical Therapy/ Information Collection: Withholding Outpatient Speech Pathology (OPT/ Medicare Payments to Recover Form Number: CMS–R–148 (OCN: OSP) Providers and Supporting Medicaid Overpayments and 0938–0618); Frequency: Quarterly and Regulations Supporting Regulations in 42 CFR occasionally; Affected Public: State, CMS–R–21 Withholding Medicare 447.31; Use: Certain Medicaid providers Local, or Tribal Governments; Number Payments to Recover Medicaid that are subject to offsets for the of Respondents: 50; Total Annual Overpayments and Supporting collection of Medicaid overpayments Responses: 40; Total Annual Hours: Regulations in 42 CFR 447.31 may terminate or substantially reduce 3,200. (For policy questions regarding CMS–R–148 Limitations on Provider their participation in Medicaid, leaving this collection contact Stuart Goldstein Related Donations and Health Care the state Medicaid agency unable to at 410–786–0694). Related Taxes; Limitation on Payment recover the amounts due. Recovery to Disproportionate Share Hospitals procedures allow for determining the

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35356 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Dated: June 17, 2014. the OMB desk officer via one of the educational and outreach resources) to Martique Jones, following transmissions: OMB, Office of help states increase the utilization of Deputy Director, Regulations Development Information and Regulatory Affairs, these services. The results will provide Group, Office of Strategic Operations and Attention: CMS Desk Officer, Fax a baseline regarding the coverage of Regulatory Affairs. Number: (202) 395–5806 OR Email: preventive services and will help us [FR Doc. 2014–14484 Filed 6–19–14; 8:45 am] [email protected]. identify ways to assist states with BILLING CODE 4120–01–P To obtain copies of a supporting materials focusing on prevention and statement and any related forms for the technical assistance. proposed collection(s) summarized in Form Number: CMS–10521 (OMB DEPARTMENT OF HEALTH AND this notice, you may make your request control number: 0938—New); HUMAN SERVICES using one of following: Frequency: Once; Affected Public: State, 1. Access CMS’ Web site address at Local, or Tribal Governments; Number Centers for Medicare & Medicaid http://www.cms.hhs.gov/ of Respondents: 51; Total Annual Services PaperworkReductionActof1995. Responses: 51; Total Annual Hours: 2. Email your request, including your [Document Identifier: CMS–10521] 128. (For policy questions regarding this address, phone number, OMB number, collection contact Mary Beth Hance at Agency Information Collection and CMS document identifier, to 410–786–4299). [email protected]. Activities: Submission for OMB Dated: June 17, 2014. Review; Comment Request 3. Call the Reports Clearance Office at (410) 786–1326. Martique Jones, ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Deputy Director, Regulations Development Reports Clearance Office at (410) 786– Group, Office of Strategic Operations and SUMMARY: The Centers for Medicare & 1326. Regulatory Affairs. Medicaid Services (CMS) is announcing [FR Doc. 2014–14482 Filed 6–19–14; 8:45 am] SUPPLEMENTARY INFORMATION: Under the an opportunity for the public to BILLING CODE 4120–01–P Paperwork Reduction Act of 1995 (PRA) comment on CMS’ intention to collect (44 U.S.C. 3501–3520), federal agencies information from the public. Under the must obtain approval from the Office of Paperwork Reduction Act of 1995 DEPARTMENT OF HEALTH AND Management and Budget (OMB) for each (PRA), federal agencies are required to HUMAN SERVICES collection of information they conduct publish notice in the Federal Register or sponsor. The term ‘‘collection of concerning each proposed collection of Administration for Children and information’’ is defined in 44 U.S.C. information, including each proposed Families 3502(3) and 5 CFR 1320.3(c) and extension or reinstatement of an existing includes agency requests or Submission for OMB Review; collection of information, and to allow requirements that members of the public Comment Request a second opportunity for public submit reports, keep records, or provide comment on the notice. Interested information to a third party. Section Title: OCSE–157 Child Support persons are invited to send comments 3506(c)(2)(A) of the PRA (44 U.S.C. Enforcement Program Annual Data regarding the burden estimate or any 3506(c)(2)(A)) requires federal agencies Report. other aspect of this collection of to publish a 30-day notice in the OMB No.: 0970–0177. information, including any of the Federal Register concerning each Description: The information obtained following subjects: (1) The necessity and proposed collection of information, from this form will be used to: 1) Report utility of the proposed information including each proposed extension or Child Support Enforcement activities to collection for the proper performance of reinstatement of an existing collection the Congress as required by law; 2) the agency’s functions; (2) the accuracy of information, before submitting the calculate incentive measures of the estimated burden; (3) ways to collection to OMB for approval. To performance and performance enhance the quality, utility, and clarity comply with this requirement, CMS is indicators utilized in the program; and of the information to be collected; and publishing this notice that summarizes 3) assist the Office of Child Support (4) the use of automated collection the following proposed collection(s) of Enforcement(OCSE)in monitoring and techniques or other forms of information information for public comment: evaluating State Child Support technology to minimize the information 1. Type of Information Collection programs. collection burden. Request: New collection (Request for a OCSE is proposing minor updates to DATES: Comments on the collection(s) of new OMB control number); Title of the OCSE–157 report instructions to information must be received by the Information Collection: Improving update submission procedures. OMB desk officer by July 21, 2014. Quality of Care in Medicaid and CHIP Respondents will no longer have the ADDRESSES: When commenting on the through Increased Access to Preventive option to submit hardcopy reports. The proposed information collections, Services State Survey; Use: The survey reports can only be submitted please reference the document identifier will be used to gain a better electronically by using the Online Data or OMB control number. To be assured understanding of state efforts to increase Collections (OLDC) system. consideration, comments and the utilization of preventive services Respondents: State, Local or Tribal recommendations must be received by and to develop resources (including Government.

ANNUAL BURDEN ESTIMATES

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

OCSE–157 ...... 54 1 7 378

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35357

ANNUAL BURDEN ESTIMATES—Continued

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

Estimated Total Annual Burden Hours: ...... 378

Additional Information: Copies of the Office of Management and Budget unapproved new animal drugs for minor proposed collection may be obtained by (OMB) for review and clearance under species. Participation in any part of the writing to the Administration for the Paperwork Reduction Act of 1995. MUMS program is optional so the Children and Families, Office of DATES: Fax written comments on the associated paperwork only applies to Planning, Research and Evaluation, 370 collection of information by July 21, those who choose to participate. The L’Enfant Promenade SW., Washington, 2014. final rule specifies, among other things, DC 20447, Attn: ACF Reports Clearance ADDRESSES: To ensure that comments on the criteria and procedures for Officer. All requests should be the information collection are received, requesting eligibility for indexing and identified by the title of the information OMB recommends that written for requesting addition to the index as collection. Email address: comments be faxed to the Office of well as the annual reporting [email protected]. Information and Regulatory Affairs, requirements for index holders. OMB Comment: OMB is required to OMB, Attn: FDA Desk Officer, FAX: make a decision concerning the Under subpart C of part 516, § 516.119 202–395–7285, or emailed to oira_ collection of information between 30 provides requirements for naming a [email protected]. All and 60 days after publication of this permanent-resident U.S. agent by comments should be identified with the document in the Federal Register. foreign drug companies, and § 516.121 OMB control number 0910–0620. Also Therefore, a comment is best assured of provides for informational meetings include the FDA docket number found having its full effect if OMB receives it with FDA. Section 516.123 provides in brackets in the heading of this within 30 days of publication. Written requirements for requesting informal document. comments and recommendations for the conferences regarding Agency proposed information collection should FOR FURTHER INFORMATION CONTACT: FDA administrative actions and § 516.125 be sent directly to the following: Office PRA Staff, Office of Operations, Food provides for investigational use of new of Management and Budget, Paperwork and Drug Administration, 8455 animal drugs intended for indexing. Reduction Project, Fax: 202–395–7285, Colesville Rd., COLE–14526, Silver Provisions for requesting a Email: OIRA_SUBMISSION@ Spring, MD 20993–0002, PRAStaff@ determination of eligibility for indexing OMB.EOP.GOV, Attn: Desk Officer for fda.hhs.gov. can be found under § 516.129 and the Administration for Children and SUPPLEMENTARY INFORMATION: In provisions for subsequent requests for Families. compliance with 44 U.S.C. 3507, FDA addition to the index can be found has submitted the following proposed under § 516.145. A description of the Robert Sargis, written report required in § 516.145 can Reports Clearance Officer. collection of information to OMB for review and clearance. be found under § 516.143. Under [FR Doc. 2014–14460 Filed 6–19–14; 8:45 am] § 516.141 are provisions for drug BILLING CODE 4184–01–P Index of Legally Marketed Unapproved companies to nominate a qualified New Animal Drugs for Minor Species expert panel as well as the panel’s 21 CFR Part 516—(OMB Control recordkeeping requirements. This DEPARTMENT OF HEALTH AND Number 0910–0620)—(Extension) section also calls for the submission of HUMAN SERVICES Description: The Minor Use and a written conflict of interest statement to Food and Drug Administration Minor Species Animal Health Act of FDA by each proposed panel member. 2004 (MUMS Act) amended the Federal Index holders are able to modify their [Docket No. FDA–2010–N–0597] Food, Drug, and Cosmetic Act (the index listing under § 516.161 or change FD&C Act) to authorize FDA to establish drug ownership under § 516.163. Agency Information Collection new regulatory procedures intended to Requirements for records and reports Activities; Submission for Office of make more medications legally available are under § 516.165. Management and Budget Review; to veterinarians and animal owners for Description of Respondents: Comment Request; Index of Legally the treatment of minor animal species Marketed Unapproved New Animal Pharmaceutical companies that sponsor (species other than cattle, horses, swine, new animal drugs. Drugs for Minor Species chickens, turkeys, dogs, and cats), as In the Federal Register of April 7, AGENCY: Food and Drug Administration, well as uncommon diseases in major animal species. 2014 (79 FR 19094), FDA published a HHS. 60-day notice requesting public ACTION: Notice. The MUMS Act created three new sections to the FD&C Act (sections 571, comment on the proposed collection of SUMMARY: The Food and Drug 572, and 573), and this final rule information. No comments were Administration (FDA) is announcing implements section 572 of the FD&C Act received. that a proposed collection of (21 U.S.C. 360ccc–1), which provides FDA estimates the burden of this information has been submitted to the for an index of legally marketed collection of information as follows:

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35358 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average 21 CFR Section Number of responses per Total annual burden per Total Hours respondents respondent responses response

516.119 ...... 2 1 2 1 2 516.121 ...... 30 2 60 4 240 516.123 ...... 3 1 3 8 24 516.125 ...... 2 3 6 20 120 516.129 ...... 30 2 60 20 1200 516.141 ...... 20 1 20 16 320 516.143 ...... 20 1 20 120 2400 516.145 ...... 20 1 20 20 400 516.161 ...... 1 1 1 4 4 516.163 ...... 1 1 1 2 2 516.165 ...... 10 2 20 8 160

Total ...... 4,872 1 There is no capital or operating and maintenance cost associated with this collection of information.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Average 21 CFR Section Number of records per Total annual burden per Total hours recordkeepers recordkeeper records recordkeeping

516.141 ...... 30 2 60 2 0.5 30 516.165 ...... 10 2 20 1 20

Total ...... 50 1 There is no capital or operating and maintenance cost associated with this collection of information. 2 30 minutes.

Dated: June 16, 2014. OMB recommends that written prevention, cure, mitigation, or Leslie Kux, comments be faxed to the Office of treatment of disease, or growth Assistant Commissioner for Policy. Information and Regulatory Affairs, promotion and feed efficiency. Statutory [FR Doc. 2014–14473 Filed 6–19–14; 8:45 am] OMB, Attn: FDA Desk Officer, FAX: requirements for cGMPs have been _ BILLING CODE 4160–01–P 202–395–7285, or emailed to oira codified under part 225 (21 CFR part [email protected]. All 225). Medicated feeds that are not comments should be identified with the manufactured in accordance with these DEPARTMENT OF HEALTH AND OMB control number 0910–0152. Also regulations are considered adulterated HUMAN SERVICES include the FDA docket number found under section 501(a)(2)(B) of the FD&C in brackets in the heading of this Act. Under part 225, a manufacturer is Food and Drug Administration document. required to establish, maintain, and retain records for a medicated feed, [Docket No. FDA–2004–N–0193] FOR FURTHER INFORMATION CONTACT: FDA including records to document PRA Staff, Office of Operations, Food Agency Information Collection procedures required during the and Drug Administration, 8455 manufacturing process to assure that Activities; Submission for Office of Colesville Rd., COLE–14526, Silver Management and Budget Review; proper quality control is maintained. Spring, MD 20993–0002, PRAStaff@ Such records would, for example, Comment Request; Current Good fda.hhs.gov. Manufacturing Practice Regulations for contain information concerning receipt Medicated Feeds SUPPLEMENTARY INFORMATION: In and inventory of drug components, compliance with 44 U.S.C. 3507, FDA batch production, laboratory assay AGENCY: Food and Drug Administration, has submitted the following proposed results (i.e. batch and stability testing), HHS. collection of information to OMB for labels, and product distribution. ACTION: Notice. review and clearance. This information is needed so that FDA can monitor drug usage and SUMMARY: The Food and Drug Current Good Manufacturing Practice possible misformulation of medicated Administration (FDA) is announcing Regulations for Medicated Feeds—21 feeds to investigate violative drug that a proposed collection of CFR Part 225 (OMB Control Number residues in products from treated information has been submitted to the 0910–0152)—Extension animals and to investigate product Office of Management and Budget Under section 501 of the Federal defects when a drug is recalled. In (OMB) for review and clearance under Food, Drug, and Cosmetic Act (the addition, FDA will use the cGMP the Paperwork Reduction Act of 1995. FD&C Act) (21 U.S.C. 351), FDA has the criteria in part 225 to determine DATES: Fax written comments on the statutory authority to issue current good whether or not the systems and collection of information by July 21, manufacturing practice (cGMP) procedures used by manufacturers of 2014. regulations for drugs, including medicated feeds are adequate to assure ADDRESSES: To ensure that comments on medicated feeds. Medicated feeds are that their feeds meet the requirements of the information collection are received, administered to animals for the the FD&C Act as to safety and that they

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35359

meet their claimed identity, strength, the recordkeeping requirements are less comment on the proposed collection of quality, and purity, as required by demanding for those medicated feeds information. Although one comment section 501(a)(2)(B) of the FD&C Act. for which FDA has determined that the was received, it was not responsive to A license is required when the drugs used in their manufacture need the four elements solicited in the notice manufacturer of a medicated feed less control. Respondents to this and therefore will not be discussed in involves the use of a drug or drugs that collection of information are this document. FDA has determined requires more commercial feed mills and mixer- control because of the need for a feeders. FDA estimates the burden for this withdrawal period before slaughter or In the Federal Register of April 7, collection of information as follows: because of carcinogenic concerns. 2014 (79 FR 19091), FDA published a Conversely, a license is not required and 60-day notice requesting public

TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN [Registered licensed commercial feed mills] 1

Number of 21 CFR Section Number of records per Total annual Average burden per recordkeeper Total hours recordkeepers recordkeeper records

225.42(b)(5) through (b)(8) ...... 840 260 218,400 1 ...... 218,400 225.58(c) and (d) ...... 840 45 37,800 0.50 (30 minutes) ...... 18,900 225.80(b)(2) ...... 840 1,600 1,344,000 0.12 (7 minutes) ...... 161,280 225.102(b)(1) ...... 840 7,800 6,552,000 0.08 (5 minutes) ...... 524,160 225.110(b)(1) and (b)(2) ...... 840 7,800 6,552,000 .015 (1 minute) ...... 98,280 225.115(b)(1) and (b)(2) ...... 840 5 4,200 0.12 (7 minutes) ...... 504

Total ...... 1,021,524 1 There are no capital or operating and maintenance costs associated with this collection of information.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN [Registered licensed mixer-feeders] 1

Number of 21 CFR Section Number of records per Total annual Average burden per recordkeeper Total hours recordkeepers recordkeeper records

225.42(b)(5) through (b)(8) ...... 100 260 26,000 0.15 (9 minutes) ...... 3,900 225.58(c) and (d) ...... 100 36 3,600 0.50 (30 minutes) ...... 1,800 225.80(b)(2) ...... 100 48 4,800 0.12 (7 minutes) ...... 576 225.102(b)(1) through (b)(5) ...... 100 260 26,000 0.40 (24 minutes) ...... 10,400

Total ...... 16,676 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 3—ESTIMATED ANNUAL RECORDKEEPING BURDEN [Nonregistered unlicensed commercial feed mills] 1

Number of 21 CFR Section Number of records per Total annual Average burden per recordkeeper Total hours recordkeepers recordkeeper records

225.142 ...... 4,186 4 16,744 1 ...... 16,744 225.158 ...... 4,186 1 4,186 4 ...... 16,744 225.180 ...... 4,186 96 401,856 0.12 (7 minutes) ...... 48,223 225.202 ...... 4,186 260 1,088,360 0.65 (39 minutes) ...... 707,434

Total ...... 789,145 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 4—ESTIMATED ANNUAL RECORDKEEPING BURDEN [Nonregistered unlicensed mixer-feeders] 1

Number of 21 CFR Section Number of records per Total annual Average burden per recordkeeper Total hours recordkeepers recordkeeper records

225.142 ...... 3,400 4 13,600 1 ...... 13,600 225.158 ...... 3,400 1 3,400 4 ...... 13,600 225.180 ...... 3,400 32 108,800 0.12 (7 minutes) ...... 13,056 225.202 ...... 3,400 260 884,000 0.33 (20 minutes) ...... 291,720

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35360 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

TABLE 4—ESTIMATED ANNUAL RECORDKEEPING BURDEN—Continued [Nonregistered unlicensed mixer-feeders] 1

Number of 21 CFR Section Number of records per Total annual Average burden per recordkeeper Total hours recordkeepers recordkeeper records

Total ...... 331,976 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimate of time required for OMB, Attn: FDA Desk Officer, FAX: regulations are considered adulterated record preparation and maintenance is 202–395–7285, or emailed to under section 501(a)(2)(B) of the FD&C based on Agency communications with [email protected]. All Act (21 U.S.C. 351(a)(2)(B). Under part industry. Other information needed to comments should be identified with the 226, a manufacturer is required to finally calculate the total burden hours OMB control number 0910–0154. Also establish, maintain, and retain records (i.e., number of recordkeepers, number include the FDA docket number found for Type A medicated articles, including of medicated feeds being manufactured, in brackets in the heading of this records to document procedures etc.) is derived from Agency records and document. required under the manufacturing experience. process to assure that proper quality FOR FURTHER INFORMATION CONTACT: FDA control is maintained. Such records Dated: June 17, 2014. PRA Staff, Office of Operations, Food would, for example, contain information Leslie Kux, and Drug Administration, 8455 concerning receipt and inventory of Assistant Commissioner for Policy. Colesville Rd., COLE–14526, Silver drug components, batch production, [FR Doc. 2014–14472 Filed 6–19–14; 8:45 am] Spring, MD 20993–0002, laboratory assay results (i.e., batch and BILLING CODE 4160–01–P [email protected]. stability testing) and product SUPPLEMENTARY INFORMATION: In distribution. DEPARTMENT OF HEALTH AND compliance with 44 U.S.C. 3507, FDA This information is needed so that HUMAN SERVICES has submitted the following proposed FDA can monitor drug usage and collection of information to OMB for possible misformulation of Type A Food and Drug Administration review and clearance. medicated articles. The information [Docket No. FDA–2004–N–0389] Current Good Manufacturing Practice could also prove useful to FDA in Regulations for Type A Medicated investigating product defects when a Agency Information Collection Articles—21 CFR Part 226 (OMB drug is recalled. In addition, FDA will Activities; Submission for Office of Control Number 0910–0154)—Extension use the cGMP criteria in part 226 to Management and Budget Review; determine whether or not the systems Comment Request; Current Good Under section 501 of the Federal used by manufacturers of Type A Manufacturing Practice Regulations for Food, Drug, and Cosmetic Act (the medicated articles are adequate to Type A Medicated Articles FD&C Act), FDA has the statutory assure that their medicated articles meet authority to issue current good the requirements of the FD&C Act as to AGENCY: Food and Drug Administration, manufacturing practice (cGMP) safety and also meet the article’s HHS. regulations for drugs, including Type A claimed identity, strength, quality, and ACTION: Notice. medicated articles. A Type A medicated purity, as required by section article is a feed product containing a 501(a)(2)(B) of the FD&C Act. The SUMMARY: The Food and Drug concentrated drug diluted with a feed Administration (FDA) is announcing respondents for Type A medicated carrier substance. A Type A medicated articles are pharmaceutical firms that that a proposed collection of article is intended solely for use in the information has been submitted to the manufacture both human and veterinary manufacture of another Type A drugs, those firms that produce only Office of Management and Budget medicated article or a Type B or Type (OMB) for review and clearance under veterinary drugs, and commercial feed C medicated feed. Medicated feeds are mills. the Paperwork Reduction Act of 1995. administered to animals for the DATES: Fax written comments on the prevention, cure, mitigation, or In the Federal Register of April 7, collection of information by July 21, treatment of disease or for growth 2014 (79 FR 19093), FDA published a 2014. promotion and feed efficiency. 60-day notice requesting public ADDRESSES: To ensure that comments on Statutory requirements for cGMPs for comment on the proposed collection of the information collection are received, Type A medicated articles have been information. No comments were OMB recommends that written codified in part 226 (21 CFR part 226). received. comments be faxed to the Office of Type A medicated articles which are not FDA estimates the burden of this Information and Regulatory Affairs, manufactured in accordance with these collection of information as follows:

TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of 21 CFR Section Number of records per Total annual Average burden per recordkeeper Total hours recordkeepers recordkeeper records

226.42 ...... 65 260 16,900 0.75 (45 minutes) ...... 12,675 226.58 ...... 65 260 16,900 1.75 ...... 29,575 226.80 ...... 65 260 16,900 0.75 (45 minutes) ...... 12,675

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35361

TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued

Number of 21 CFR Section Number of records per Total annual Average burden per recordkeeper Total hours recordkeepers recordkeeper records

226.102 ...... 65 260 16,900 1.75 ...... 29,575 226.110 ...... 65 260 16,900 0.25 (15 minutes) ...... 4,225 226.115 ...... 65 10 650 0.5 (30 minutes) ...... 325

Total ...... 89,050 1 There are no capital costs or operating and maintenance costs associated with this collection.

The estimate of time required for EA and what sponsors and applicants I. Background record preparation and maintenance is can expect once an EA is filed. The FDA is announcing the availability of based on previous Agency guidance, when finalized, will a draft document entitled ‘‘Guidance for communications with industry. Other supplement the guidance entitled Industry: Determining the Need for and information needed to calculate the total ‘‘Guidance for Industry: Environmental Content of Environmental Assessments burden hours (i.e., manufacturing sites, Assessment of Human Drug and for Gene Therapies, Vectored Vaccines, number of Type A medicated articles Biologics Applications,’’ dated July and Related Recombinant Viral or being manufactured, etc.) are derived 1998 (1998 Guidance) and will also Microbial Products’’ dated June 2014. from Agency records and experience. supersede those recommendations for The draft guidance document provides Dated: June 16, 2014. GTVVs in section IV.B.1 Assessing IND sponsors and applicants for a BLA, Leslie Kux, Toxicity to Environmental Organisms’’ or a supplement to a BLA, with Assistant Commissioner for Policy. of the guidance. recommendations on considerations [FR Doc. 2014–14471 Filed 6–19–14; 8:45 am] DATES: Although you can comment on when assessing whether to submit an EA for GTVVs. The guidance also BILLING CODE 4160–01–P any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency contains recommendations as to what information should be included in an considers your comment on this draft EA and what sponsors and applicants DEPARTMENT OF HEALTH AND guidance before it begins work on the can expect once an EA is filed. Products HUMAN SERVICES final version of the guidance, submit addressed in the guidance include all either electronic or written comments Food and Drug Administration GTVVs, but not live-attenuated viral or on the draft guidance by September 18, [Docket No. FDA–2014–D–0663] microbial vaccines created by 2014. traditional methods such as serial Draft Guidance for Industry: ADDRESSES: Submit written requests for passaging or recombinant protein-based Determining the Need for and Content single copies of the draft guidance to the vaccines. The guidance, when finalized, of Environmental Assessments for Office of Communication, Outreach and will supplement the 1998 Guidance, Gene Therapies, Vectored Vaccines, Development, Center for Biologics and will also supersede those and Related Recombinant Viral or Evaluation and Research (CBER), Food recommendations for GTVVs in section Microbial Products; Availability and Drug Administration, 10903 New IV.B.1 entitled ‘‘Assessing Toxicity to Hampshire Ave., Bldg. 71, Rm. 3128, Environmental Organisms’’ of the AGENCY: Food and Drug Administration, Silver Spring, MD 20993–0002. Send guidance. HHS. one self-addressed adhesive label to The draft guidance is being issued ACTION: Notice. assist the office in processing your consistent with FDA’s good guidance requests. The draft guidance may also be practices regulation (21 CFR 10.115). SUMMARY: The Food and Drug obtained by mail by calling CBER at 1– The draft guidance, when finalized, will Administration (FDA) is announcing the 800–835–4709 or 240–402–7800. See represent FDA’s current thinking on this availability of a draft document entitled the SUPPLEMENTARY INFORMATION section topic. It does not create or confer any ‘‘Guidance for Industry: Determining the for electronic access to the draft rights for or on any person and does not Need for and Content of Environmental guidance document. operate to bind FDA or the public. An Assessments for Gene Therapies, alternative approach may be used if Vectored Vaccines, and Related Submit electronic comments on the such approach satisfies the requirement Recombinant Viral or Microbial draft guidance to http:// of the applicable statutes and Products’’ dated June 2014. The draft www.regulations.gov. Submit written regulations. guidance document provides comments to the Division of Dockets investigational new drug application Management (HFA–305), Food and Drug II. Paperwork Reduction Act of 1995 (IND) sponsors and applicants for a Administration, 5630 Fishers Lane, Rm. This draft guidance refers to biologics license application (BLA), or a 1061, Rockville, MD 20852. previously approved collections of supplement to a BLA, with FOR FURTHER INFORMATION CONTACT: information found in FDA regulations. recommendations on considerations Tami Belouin, Center for Biologics These collections of information are when assessing whether to submit an Evaluation and Research, Food and subject to review by the Office of Environmental Assessment (EA) for Management and Budget (OMB) under Drug Administration, 10903 New gene therapies, vectored vaccines, and the Paperwork Reduction Act of 1995 Hampshire Ave., Bldg. 71, Rm. 7301, related recombinant viral or microbial (44 U.S.C. 3501–3520). The collections Silver Spring, MD 20993–0002, 240– products (GTVVs). The guidance also of information in 21 CFR part 25 have 402–7911. contains recommendations as to what been approved under OMB control information should be included in an SUPPLEMENTARY INFORMATION: number 0910–0322; the collections of

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35362 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

information in 21 CFR part 312 have DEPARTMENT OF HEALTH AND and Drug Administration, 5100 Paint been approved under OMB control HUMAN SERVICES Branch Pkwy., College Park, MD 20740, number 0910–0014; and the collections 240–402–2371. Food and Drug Administration of information for 21 CFR part 601 have SUPPLEMENTARY INFORMATION: We have been approved under OMB control [Docket No. FDA–2012–P–1189] issued a temporary permit to each of the number 0910–0338. following applicants: Bumble Bee Canned Tuna Deviating From Identity III. Comments Foods, LLC; Chicken of the Sea Standard; Temporary Permit for Market International; and StarKist Seafood The draft guidance is being Testing Company. We are issuing these distributed for comment purposes only AGENCY: Food and Drug Administration, temporary permits in accordance with and is not intended for implementation HHS. 21 CFR 130.17, which addresses at this time. Interested persons may temporary permits for interstate ACTION: Notice. submit either electronic comments shipment of experimental packs of food regarding this document to http:// SUMMARY: The Food and Drug varying from the requirements of www.regulations.gov or written Administration (FDA or we) received standards of identity issued under comments the Division of Dockets applications for temporary permits from section 401 of the Federal Food, Drug, Management (see ADDRESSES). It is only Bumble Bee Foods, LLC; Chicken of the and Cosmetic Act (21 U.S.C. 341). necessary to send one set of comments. Sea International; and StarKist Seafood These permits cover limited interstate Identify comments with the docket Company (the applicants). We are marketing tests of products identified as number found in brackets in the announcing that we have issued ‘‘canned tuna.’’ These test products heading of this document. Received temporary permits to the applicants to deviate from the U.S. standard of comments may be seen in the Division market test products (designated as identity for canned tuna (21 CFR of Dockets Management between 9 a.m. ‘‘canned tuna’’ products) that deviate 161.190) in that they are labeled without and 4 p.m., Monday through Friday, and from the U.S. standard of identity for the statement ‘‘Below Standard in Fill’’ will be posted to the docket at http:// canned tuna. The purpose of the as required in § 161.190(c)(4) and 21 www.regulations.gov. temporary permits is to market test the CFR 130.14(b). The test products meet product throughout the United States all the requirements of the standard IV. Electronic Access and the Commonwealth of Puerto Rico. with the exception of this deviation. Persons with access to the Internet The permits will allow the applicants to The purpose of these temporary may obtain the draft guidance at either measure consumer acceptance of the permits is to market test the product http://www.fda.gov/BiologicsBlood products and assess the commercial throughout the United States and the Vaccines/GuidanceCompliance feasibility of the products. Commonwealth of Puerto Rico. These RegulatoryInformation/Guidances/ DATES: These permits are effective for 15 permits will allow the applicants to default.htm or http:// months, beginning on the date each measure customer acceptance of the www.regulations.gov. applicant introduces or causes the products and assess commercial introduction of the test products into feasibility of the products. Dated: June 16, 2014. interstate commerce, but not later than Table 1 lists the amount of product for Leslie Kux, September 18, 2014. distribution and the manufacturers of Assistant Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: the products for each of the applicants. [FR Doc. 2014–14470 Filed 6–19–14; 8:45 am] Loretta A. Carey, Center for Food Safety The retail cans for the products are of BILLING CODE 4160–01–P and Applied Nutrition (HFS–820), Food various sizes.

TABLE 1—AMOUNT, MANUFACTURER, AND LOCATION BY APPLICANT

Applicant Amount of canned tuna for distribution Manufacturer and location

Bumble Bee Foods, LLC, 9655 Granite Ridge 141,000,000 pounds (lbs) (63,800,905 kilo- Asian Alliance, 8/8 Moo 3, Rama 2 Rd., Dr., San Diego, CA 92123. grams (kgs)). Bunbor, Muang, Samutsakorn 74000, Thai- land. Chicken of the Sea Georgia Canning, 129 North Commerce Dr., Lyons, GA 30436. Bumble Bee Seafoods, Inc., 13100 Arctic Cir- cle, Santa Fe Springs, CA 90670. Chotiwat Manufacturing Co., 84/22 Moo 7, Asia Highway Rd. #43, P.O. Box 37, T. Korhong, Hatyai Songkhla, Thailand 90110. Gentuna (GTC/Century), P.O. Tambler, Gen- eral Santos City, South Cotabato, Phil- ippines 9500. I.S.A. Value Co., Ltd. (Narong), 101/6 Mu 6, Soi Muangsakul Road, Samaedam, Bangkhutien, Bangkok 10150, Thailand. Pataya Foods, 90/6 Tambol Tarsai, Muang, Samutprakarn, Pataya, Thailand. PT Aneka Tuna, Jalan Raya Surabaya- Malang Km. 38, Gempol, Pasuruan 67155 Jawa Timur. R.S. Cannery Co., Ltd., 255/1 Industrial Soi 3, Industrial Estate, Samutprakarn 10280, Thailand.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35363

TABLE 1—AMOUNT, MANUFACTURER, AND LOCATION BY APPLICANT—Continued

Applicant Amount of canned tuna for distribution Manufacturer and location

Tropical Canning Thailand, Km. 19 Kanjanavanich Rd., Thungyai, Hatyai, Songkhla 90110, Thailand. Unicord, 39/3 Moo 8, Sedtakit 1 Rd., Thasai, Muang, Samutsakorn 74000, Thailand. Chicken of the Sea International, 9330 Scran- 77,500,000 lbs (35,067,873 kgs) ...... Bumble Bee Seafoods, Inc., 13100 Arctic Cir- ton Rd., Suite 500, San Diego, CA 92121. cle, Santa Fe Springs, CA 90670. Century Canning, Suite 1906, Centerpoint Bldg., Julia Vargas Avenue cor. Garnet St., Ortigas Ctr., Pasig City, Manila, Philippines 1605. Chicken of the Sea Georgia Canning, 129 North Commerce Dr., Lyons, GA 30436. MMP International, 19/8 Moo 6, Tambol Nadee, Muang District, Samutsakorn 74000, Thailand. PT Juifa International Foods, JL Lingkar Timur No. 53, Tegal Kamulyan Cilacap 53211, Jawa Tengah, Indonesia. Songkhla Canning, 333 Kanjanavanich Rd., Tumbol Pavong, Amphur Muang, Songkhla 90100, Thailand. Thai Union Frozen Products PCL, 72/1 Moo 7 Sethakit 1 Rd., Tambon Tarsrai, Amphur Muang, Samutsakorn 74000, Thailand. Thai Union Manufacturing, 30/2 Moo 8, Sethakit 1 Road, Tambon Tarsrai, Amphur Muang, Samutsakorn 74000, Thailand. Yueh Chyang Canned Food Group, Nhut Chinh Village, Ben Luc District, Long An Province, Vietnam. StarKist Seafood Company, 225 North Shore 182,500,000 lbs (82,579,185 kgs)...... Galapesca S.A., Km. 12.5 Via A Duale, Dr., Pittsburgh, PA 15212. Guayaquil, Ecuador. StarKist Samoa Co., 368 Atu’u Rd., Pago Pago, American Samoa 96799.

Bumble Bee Foods, LLC; Chicken of DEPARTMENT OF HEALTH AND Place: National Cancer Institute Shady the Sea International; and StarKist HUMAN SERVICES Grove, 9609 Medical Center Drive, Room Seafood Company will distribute the 7W608, Rockville, MD 20850, (Telephone test products throughout the United National Institutes of Health Conference Call). Contact Person: Wlodek Lopaczynski, MD, States and the Commonwealth of Puerto National Cancer Institute; Notice of Ph.D., Scientific Review Officer, Research Rico. The information panels on the Closed Meetings Programs Review Branch, Division of labels of the test products must bear Extramural Activities, National Cancer nutrition labeling in accordance with 21 Pursuant to section 10(d) of the Institute, 9609 Medical Center Drive, Room CFR 101.9. Each of the ingredients used Federal Advisory Committee Act, as 7W608, Bethesda, MD 20892–8329, 240–276– in the food must be declared on the amended (5 U.S.C. App.), notice is 6458 [email protected]. labels of the test products as required by hereby given of the following meetings. Name of Committee: National Cancer the applicable sections of part 101. The meetings will be closed to the Institute Initial Review Group, NCI These permits are effective for 15 public in accordance with the Subcommittee A—Cancer Centers. provisions set forth in sections Date: August 14, 2014. months, beginning on the date each 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 8:00 a.m. to 4:00 p.m. applicant introduces or causes the as amended. The grant applications and Agenda: To review and evaluate grant introduction of the test products into the discussions could disclose applications. interstate commerce, but not later than confidential trade secrets or commercial Place: Bethesda North Marriott Hotel & September 18, 2014. property such as patentable material, Conference Center, Montgomery County Conference Center Facility, 5701 Marinelli Dated: June 17, 2014. and personal information concerning Road, Bethesda, MD 20852. Philip C. Spiller, individuals associated with the grant Contact Person: Sonya Roberson, Ph.D., Acting Director, Office of Nutrition, Labeling applications, the disclosure of which Scientific Review Officer, Resources and and Dietary Supplements, Center for Food would constitute a clearly unwarranted Training Review Branch, Division of Safety and Applied Nutrition. invasion of personal privacy. Extramural Activities, National Cancer [FR Doc. 2014–14447 Filed 6–19–14; 8:45 am] Name of Committee: National Cancer Institute, 9609 Medical Center Drive, Room Institute Special Emphasis Panel SPORE 7W116, Bethesda, MD 20892–9750 240–276– BILLING CODE 4164–01–P Review II. 6347, [email protected]. Date: July 14, 2014. Information is also available on the Time: 1:00 p.m. to 4:30 p.m. Institute’s/Center’s home page: http:// Agenda: To review and evaluate grant deainfo.nci.nih.gov/advisory/sep/sep.htm, applications. where an agenda and any additional

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35364 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

information for the meeting will be posted Scientific Review, National Institutes of Dated: June 16, 2014. when available. Health, 6701 Rockledge Drive, Room 4124, Melanie J. Gray, MSC 7802, Bethesda, MD 20892, (301) 435– (Catalogue of Federal Domestic Assistance Program Analyst, Office of Federal Advisory Program Nos. 93.392, Cancer Construction; 1210, [email protected]. Committee Policy. 93.393, Cancer Cause and Prevention Name of Committee: Center for Scientific Research; 93.394, Cancer Detection and Review Special Emphasis Panel, Small [FR Doc. 2014–14408 Filed 6–19–14; 8:45 am] Diagnosis Research; 93.395, Cancer Business: Cancer Drug Developments & BILLING CODE 4140–01–P Treatment Research; 93.396, Cancer Biology Therapeutics. Research; 93.397, Cancer Centers Support; Date: July 15–16, 2014. 93.398, Cancer Research Manpower; 93.399, Time: 8:00 a.m. to 5:00 p.m. DEPARTMENT OF HEALTH AND Cancer Control, National Institutes of Health, Agenda: To review and evaluate grant HHS). applications. HUMAN SERVICES Place: National Institutes of Health, 6701 Dated: June 16, 2014. Rockledge Drive, Bethesda, MD 20892, National Institutes of Health Melanie J. Gray, (Virtual Meeting). Program Analyst, Office of Federal Advisory Contact Person: Lilia Topol, Ph.D., National Institute on Aging; Notice of Committee Policy. Scientific Review Officer, Center for Closed Meeting [FR Doc. 2014–14409 Filed 6–19–14; 8:45 am] Scientific Review, National Institutes of BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 6192, Pursuant to section 10(d) of the MSC 7804, Bethesda, MD 20892, 301–451– Federal Advisory Committee Act, as 0131, [email protected]. amended (5 U.S.C. App.), notice is Name of Committee: Center for Scientific DEPARTMENT OF HEALTH AND hereby given of the following meeting. HUMAN SERVICES Review Special Emphasis Panel, Small Business: Non-HIV Microbial Vaccine The meeting will be closed to the National Institutes of Health Development. public in accordance with the Date: July 18, 2014. provisions set forth in sections Center for Scientific Review; Notice of Time: 8:00 a.m. to 6:00 p.m. Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Closed Meetings applications. as amended. The grant applications and Pursuant to section 10(d) of the Place: Hyatt Regency Bethesda, One the discussions could disclose Federal Advisory Committee Act, as Bethesda Metro Center, 7400 Wisconsin confidential trade secrets or commercial Avenue, Bethesda, MD 20814. property such as patentable material, amended (5 U.S.C. App.), notice is Contact Person: Scott Jakes, Ph.D., hereby given of the following meetings. Scientific Review Officer, Center for and personal information concerning The meetings will be closed to the Scientific Review, National Institutes of individuals associated with the grant public in accordance with the Health, 6701 Rockledge Drive, Room 4198, applications, the disclosure of which provisions set forth in sections MSC 7812, Bethesda, MD 20892, 301–495– would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 1506, [email protected]. invasion of personal privacy. as amended. The grant applications and Name of Committee: Center for Scientific Name of Committee: National Institute on the discussions could disclose Review Special Emphasis Panel, Member Conflicts: Renal Physiology and Aging Special Emphasis Panel; Plasticity and confidential trade secrets or commercial Mechanisms of Cognitive Remediation in property such as patentable material, Pathophysiology. Date: July 18, 2014. Older Adults. and personal information concerning Time: 2:00 p.m. to 4:00 p.m. Date: July 22, 2014. individuals associated with the grant Agenda: To review and evaluate grant Time: 12:00 p.m. to 5:00 p.m. applications, the disclosure of which applications. Agenda: To review and evaluate grant would constitute a clearly unwarranted Place: National Institutes of Health, 6701 applications. Rockledge Drive, Bethesda, MD 20892, invasion of personal privacy. Place: National Institute on Aging, (Telephone Conference Call). Name of Committee: Center for Scientific Contact Person: Patricia Greenwel, Ph.D., Gateway Building, 7201 Wisconsin Avenue, Review Special Emphasis Panel, Scientific Review Officer, Center for Suite 2C212, Bethesda, MD 20892 Microbiology and Infectious Diseases Area Scientific Review, National Institutes of (Telephone Conference Call). Review. Health, 6701 Rockledge Drive, Room 2178, Contact Person: Elaine Lewis, Ph.D., Date: July 14, 2014. MSC 7818, Bethesda, MD 20892, 301–435– Scientific Review Branch, National Institute Time: 8:30 a.m. to 6:00 p.m. 1169, [email protected]. Agenda: To review and evaluate grant on Aging, Gateway Building, Suite 2C212, applications. Name of Committee: Center for Scientific MSC–9205, 7201 Wisconsin Avenue, Place: Hotel Nikko San Francisco, 222 Review Special Emphasis Panel, Program Bethesda, MD 20892, 301–402–7707, Mason Street, San Francisco, CA 94102. Project: Improving SAXS Technology. [email protected]. Date: July 21–23, 2014. Contact Person: Liangbiao Zheng, Ph.D., (Catalogue of Federal Domestic Assistance Time: 5:00 p.m. to 12:00 p.m. Scientific Review Officer, Center for Program Nos. 93.866, Aging Research, Scientific Review, National Institutes of Agenda: To review and evaluate grant National Institutes of Health, HHS) Health, 6701 Rockledge Drive, Room 3202, applications. MSC 7808, Bethesda, MD 20892, 301–996– Place: Argonne Guest House, 9700 S. Cass Dated: June 16, 2014. Ave., Lemont, IL 60439. 5819, [email protected]. Melanie J. Gray, Name of Committee: Center for Scientific Contact Person: Nitsa Rosenzweig, Ph.D., Program Analyst, Office of Federal Advisory Review Special Emphasis Panel, Fellowship: Scientific Review Officer, Center for Physiology and Pathobiology of Scientific Review, National Institutes of Committee Policy. Musculoskeletal, Oral and Skin Systems. Health, 6701 Rockledge Drive, Room 4152, [FR Doc. 2014–14410 Filed 6–19–14; 8:45 am] MSC 7760, Bethesda, MD 20892, (301) 404– Date: July 14, 2014. BILLING CODE 4140–01–P Time: 10:00 a.m. to 8:00 p.m. 7419, [email protected]. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. Program Nos. 93.306, Comparative Medicine; Place: National Institutes of Health, 6701 93.333, Clinical Research, 93.306, 93.333, Rockledge Drive Bethesda, MD 20892. 93.337, 93.393–93.396, 93.837–93.844, Contact Person: Anshumali Chaudhari, 93.846-93.878, 93.892, 93.893, National Ph.D., Scientific Review Officer, Center for Institutes of Health, HHS).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00055 Fmt 4703 Sfmt 9990 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35365

DEPARTMENT OF HEALTH AND Administration’s (SAMHSA) Center for National Advisory Council will meet HUMAN SERVICES Mental Health Services (CMHS) July 23, 2:00 p.m. to 3:00 p.m. via National Advisory Council to be held on teleconference. National Institutes of Health June 23, 10:00 a.m. to 12:00 p.m. via Public Notice was published in the closed teleconference. Federal Register on June 16, 2014, Center for Scientific Review; Notice of Public Notice was published in the Volume 79, Number 115, Page 34334, Closed Meeting Federal Register on June 16, 2014, announcing that the Center for Mental Pursuant to section 10(d) of the Volume 79, Number 115, Page 34333, Health Services’ National Advisory Federal Advisory Committee Act, as announcing that the Center for Mental Council would be convening an open amended (5 U.S.C. App.), notice is Health Services’ National Advisory teleconference on July 23, 2014 at hereby given of the following meeting. Council would be convening an open SAMHSA Conference Center, 1 Choke The meeting will be closed to the teleconference on June 23, 2014 at Cherry Road, Rockville, MD 20857, for public in accordance with the SAMHSA Conference Center, 1 Choke the purpose of discussions and provisions set forth in sections Cherry Road, Rockville, MD 20857, for evaluations of grant applications 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the purpose of discussions and reviewed by SAMHSA’s Initial Review as amended. The grant applications and evaluations of grant applications Groups, and involve an examination of the discussions could disclose reviewed by SAMHSA’s Initial Review confidential financial and business confidential trade secrets or commercial Groups, and involve an examination of information as well as personal property such as patentable material, confidential financial and business information concerning the applicants. and personal information concerning information as well as personal Therefore, this meeting will be closed to individuals associated with the grant information concerning the applicants. the public as determined by the applications, the disclosure of which Therefore, this meeting will be closed to SAMHSA Administrator, in accordance would constitute a clearly unwarranted the public as determined by the with Title 5 U.S.C. 552b(c)(4) and (6) invasion of personal privacy. SAMHSA Administrator, in accordance and (c)(9)(B). with Title 5 U.S.C. 552b(c)(4) and (6) For additional information, contact Name of Committee: Center for Scientific and (c)(9)(B). the Council’s Designated Federal Officer Review Special Emphasis Panel, PAR Panel: For additional information, contact Biodemography of Aging. (DFO), Ms. Deborah DeMasse-Snell, (see Date: June 25, 2014. the Council’s Designated Federal Officer contact information below). (DFO), Ms. Deborah DeMasse-Snell (see Time: 12:00 p.m. to 4:00 p.m. Committee Name: SAMHSA’s Center for Agenda: To review and evaluate grant contact information below). Mental Health Services National Advisory applications. Committee Name: SAMHSA’s Center for Council. Place: National Institutes of Health, 6701 Mental Health Services National Advisory Date/Time/Type: July 23, 2014, 2:00 p.m. Rockledge Drive, Bethesda, MD 20892, Council. to 3:00 p.m. (Virtual Meeting). Date/Time/Type: June 23, 2014, 10:00 Place: SAMHSA Building, 1 Choke Cherry Contact Person: Karin F. Helmers, Ph.D., a.m.–12:00 p.m. Road, Great Falls Room, Rockville, Maryland Scientific Review Officer, Center for Place: SAMHSA Building, 1 Choke Cherry 20857. Scientific Review, National Institutes of Road, Great Falls Room, Rockville, Maryland Contact: Deborah DeMasse-Snell M.A. Health, 6701 Rockledge Drive, Room 3144, 20857. (Than), Designated Federal Official, MSC 7770, Bethesda, MD 20892, (301) 254– Contact: Deborah DeMasse-Snell M.A. SAMHSA CMHS National Advisory Council, 9975, [email protected]. (Than), Designated Federal Official, 1 Choke Cherry Road, Room 6–1084, This notice is being published less than 15 SAMHSA CMHS National Advisory Council, Rockville, Maryland 20857, Telephone: (240) days prior to the meeting due to the timing 1 Choke Cherry Road, Room 6–1084, 276–1861, Fax: (240) 276–1850, Email: limitations imposed by the review and Rockville, Maryland 20857, Telephone: (240) [email protected]. funding cycle. 276–1861, Fax: (240) 276–1850, Email: (Catalogue of Federal Domestic Assistance [email protected]. Cathy J. Friedman, Program Nos. 93.306, Comparative Medicine; Public Health Analyst, SAMHSA. Cathy J. Friedman, 93.333, Clinical Research, 93.306, 93.333, [FR Doc. 2014–14458 Filed 6–19–14; 8:45 am] 93.337, 93.393–93.396, 93.837–93.844, Public Health Analyst, SAMHSA. BILLING CODE 4162–20–P 93.846–93.878, 93.892, 93.893, National This notice is being published less than 15 Institutes of Health, HHS) days prior to the meeting due to the urgent Dated: June 16, 2014. need to meet timing limitations imposed by DEPARTMENT OF HEALTH AND Melanie J. Gray, the review and funding cycle. HUMAN SERVICES Program Analyst, Office of Federal Advisory [FR Doc. 2014–14449 Filed 6–19–14; 8:45 am] Committee Policy. BILLING CODE 4162–20–P Substance Abuse and Mental Health [FR Doc. 2014–14407 Filed 6–19–14; 8:45 am] Services Administration BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND Center for Mental Health Services; HUMAN SERVICES Notice of Meeting DEPARTMENT OF HEALTH AND Pursuant to Public Law 92–463, HUMAN SERVICES Substance Abuse and Mental Health notice is hereby given of an amendment Services Administration of meeting status of Substance Abuse Substance Abuse and Mental Health and Mental Health Services Services Administration Center for Mental Health Services; Notice of Meeting Administration’s (SAMHSA) Center for Center for Mental Health Services; Mental Health Services (CMHS) Amendment of Meeting Notice Pursuant to Public Law 92–463, National Advisory Council will meet notice is hereby given of an amendment August 6, 1:00 p.m. to 2:00 p.m. via Pursuant to Public Law 92–463, of meeting status of Substance Abuse closed teleconference. notice is hereby given of an amendment and Mental Health Services Public Notice was published in the of meeting status of the Substance Administration’s (SAMHSA) Center for Federal Register on June 16, 2014, Abuse and Mental Health Services Mental Health Services (CMHS) Volume 79, Number 115, Page 34333,

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35366 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

announcing that the Center for Mental Records.’’ This system of records allows I. Background Health Services’ National Advisory the Department of Homeland Security/ In accordance with the Privacy Act of Council would be convening an open Federal Emergency Management Agency 1974, 5 U.S.C. 552a, the Department of teleconference on August 6, 2014 at to collect and maintain records on the Homeland Security (DHS)/Federal SAMHSA Conference Center, 1 Choke customer service performance of its Emergency Management Agency Cherry Road, Rockville, MD 20857, for employees, contractors, and vendors (FEMA) proposes to update and reissue the purpose of discussions and who interact with individuals who a current DHS system of records titled, evaluations of grant applications apply for the Agency’s individual ‘‘DHS/FEMA–002 Quality Assurance reviewed by SAMHSA’s Initial Review assistance and public assistance Recording System of Records.’’ Groups, and involve an examination of programs. DHS/FEMA published this system of confidential financial and business As a result of a biennial review of this records notice because FEMA collects, information as well as personal system, the Department of Homeland uses, maintains, and retrieves information concerning the applicants. Security/Federal Emergency personally identifiable information (PII) Therefore, this meeting is now amended Management Agency is updating this from its employees and contractors for to be closed to the public as determined system of records notice to include internal employee performance by the SAMHSA Administrator, in updates to the (1) system location, (2) evaluations, training, process accordance with Title 5 U.S.C. category of individuals, (3) category of improvement, and quality assurance 552b(c)(4) and (6) and (c)(9)(B). records, (4) routine uses, (5) legal purposes to improve customer service to For additional information, contact authorities, (6) purpose, (7) individual assistance and public the Council’s Designated Federal Officer retrievability, (8) retention and disposal, assistance applicants. FEMA collects (DFO), Ms. Deborah DeMasse-Snell, (see and (9) record source categories. information from individuals (including contact information below). Additionally, this notice includes non- PII) as necessary, or uses information Committee Name: SAMHSA’s Center for substantive changes to simplify the previously collected from them to Mental Health Services National Advisory formatting and text of the previously provide customer service to these Council. published notice. This updated system applicants. Date/Time/Type: August 6, 2014, 1:00 p.m. will be included in the Department of FEMA collects, uses, and maintains to 2:00 p.m. Homeland Security’s inventory of the records within this system under the Place: SAMHSA Building, 1 Choke Cherry record systems. Road, Great Falls Room, Rockville, Maryland authority of 5 U.S.C. 301; 5 CFR DATES: Submit comments on or before 20857. 430.102; the Federal Sector Labor Contact: Deborah DeMasse-Snell M.A. July 21, 2014. This updated system will Management Relations Act, 5 U.S.C. (Than), Designated Federal Official, be effective July 21, 2014. 4302, and 5 U.S.C. 7106(a); Fraud, SAMHSA CMHS National Advisory Council, ADDRESSES: You may submit comments, Abuse, and Waste Controls, 6 U.S.C. 1 Choke Cherry Road, Room 6–1084, identified by docket number DHS– 795; 29 U.S.C. 204(b); Exec. Order No. Rockville, Maryland 20857, Telephone: (240) 2014–0031 by one of the following 1357; FEMA Directive 3100.1; and 276–1861, Fax: (240) 276–1850, Email: methods: FEMA Directive 3700. [email protected]. • Federal e-Rulemaking Portal: http:// FEMA is updating this system of Cathy J. Friedman, www.regulations.gov. Follow the records notice because it provides Public Health Analyst, SAMHSA. instructions for submitting comments. greater transparency by encompassing • Fax: 202–343–4010. [FR Doc. 2014–14459 Filed 6–19–14; 8:45 am] the additional FEMA National • Mail: Karen L. Neuman, Chief Processing Service Center (NPSC) BILLING CODE 4162–20–P Privacy Officer, Privacy Office, customer service performance records, Department of Homeland Security, 245 including those employees/contractors Murray Drive SW., Building 410, STOP– who assess the customer service DEPARTMENT OF HOMELAND 0655, Washington, DC 20528. satisfaction of public assistance SECURITY Instructions: All submissions received applicants. must include the agency name and Office of the Secretary (1) FEMA is updating the system docket number for this rulemaking. All location to include the Virginia NPSC in [Docket No. DHS–2014–0031] comments received will be posted Winchester, Virginia, and the Maryland without change to http:// NPSC in Hyattsville, Maryland as Privacy Act of 1974; Department of www.regulations.gov, including any possible locations for records within Homeland Security Federal Emergency personal information provided. this system of records. FEMA is also Management Agency—002 Quality Docket: For access to the docket to updating the system location to include Assurance Recording System of read background documents or the Quality Assurance Recording Records comments received, please visit http:// System (QARS) IT system, which www.regulations.gov. AGENCY: Privacy Office, Department of maintains these records; (2) FEMA is Homeland Security. FOR FURTHER INFORMATION CONTACT: For updating category of individuals to general questions, please contact: Eric ACTION: Notice of Privacy Act System of include FEMA employees and M. Leckey, (202) 212–5100, Privacy Records. contractors that perform customer Officer, Federal Emergency Management satisfaction assessments involving SUMMARY: In accordance with the Agency, Department of Homeland applicants of FEMA’s individual Privacy Act of 1974, the Department of Security, Washington, DC 20478. For assistance and public assistance Homeland Security proposes to update privacy questions, please contact: Karen programs; (3) FEMA is revising the and reissue a current Department of L. Neuman, (202) 343–1717, Chief category of records to include voice Homeland Security system of records Privacy Officer, Privacy Office, recordings within this system of titled, ‘‘Department of Homeland Department of Homeland Security, 245 records. Those records may also include Security/Federal Emergency Murray Drive SW., Building 410, STOP– a third-party vendor that is providing Management Agency—002 Quality 0655, Washington, DC 20528. language translation services between Assurance Recording System of SUPPLEMENTARY INFORMATION: the individual assistance applicant and

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35367

FEMA. The revisions may also expand Consistent with DHS’s information- NPSC, Hyattsville, MD, within the the ‘‘quality result’’ to include FEMA sharing mission, information stored in QARS IT system. employees/contractors providing the DHS/FEMA–002 Quality customer service to public assistance Assurance Recording System of Records CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: applicants; to include email addresses may be shared with other DHS for both Individual Assistance and components that have a need to know This system collects information from Public Assistance; to include the the information to carry out their FEMA employees and contractors at system-generated Contact ID and Survey national security, law enforcement, FEMA’s National Processing Service ID unique to applicants; and to include immigration, intelligence, or other Centers (NPSCs) who are making or specific public assistance applicant homeland security functions. In receiving telephone calls to or from information; (4) FEMA is adding one addition, DHS/FEMA may share disaster assistance applicants; FEMA routine use to allow information to be information with appropriate federal, employees and contractors engaged in shared with the news media and public state, local, tribal, territorial, foreign, or the case review of disaster assistance with approval of the Chief Privacy international government agencies applications not related to a telephone Officer in consultation with counsel; (5) consistent with the routine uses set call to or from a disaster assistance FEMA is updating legal authority to forth in this system of records notice. applicant; and FEMA employees and include Executive Order No. 13571, contractors performing customer service II. Privacy Act ‘‘Streamlining Service Delivery and satisfaction assessments involving Improving Customer Service,’’ which The Privacy Act embodies fair applicants of FEMA individual builds upon the requirements of information practice principles in a assistance or public assistance Executive Order No. 12862 ‘‘Setting statutory framework governing the programs. Customer Service Standards’’; (6) FEMA means by which federal government CATEGORIES OF RECORDS IN THE SYSTEM: agencies collect, maintain, use, and is updating the purpose to include a • Voice recordings of telephone calls disseminate individuals’ records. The reference to public assistance programs; between FEMA employees and/or Privacy Act applies to information that (7) FEMA is amending retrievability to contractors and applicants for FEMA’s is maintained in a ‘‘system of records.’’ remove the reference to the DHS/ individual assistance and public A ‘‘system of records’’ is a group of any FEMA–008 Disaster Recovery assistance programs. Telephone calls records under the control of an agency Assistance Files System of Records may include a third-party vendor that is from which information is retrieved by (April 30, 2013, 78 FR 25282), and to providing language translation services the name of an individual or by some add the notation that information in this on behalf of FEMA; identifying number, symbol, or other system of records cannot be retrieved by • A ‘‘quality result’’ generated in identifying particular assigned to the the PII of individual assistance QARS for each call or case processing individual. In the Privacy Act, an applicants or public assistance activity that is evaluated by a FEMA individual is defined to encompass U.S. applicants; (8) FEMA is updating supervisor or quality control specialist citizens and lawful permanent retention and disposal to include the assessing the level of customer service residents. As a matter of policy, DHS FEMA Records Schedule title and provided by the FEMA employee/ extends administrative Privacy Act NARA authority for the maintenance of contractor to the FEMA individual protections to all individuals when these records; (9) FEMA is updating assistance or public assistance systems of records maintain information record source categories to explicitly applicant; on U.S. citizens, lawful permanent state that the DHS/FEMA–008 Disaster • System-generated Contact ID; residents, and visitors. Recovery Assistance Files System of • Name of FEMA employee who Below is the description of the DHS/ Records (April 30, 2013, 78 FR 25282) conducted the assessment; FEMA–002 Quality Assurance and DHS/FEMA–009 Hazard • Identification number of FEMA Recording System of Records. Mitigation, Disaster Public Assistance, employee who conducted the In accordance with 5 U.S.C. 552a(r), and Disaster Loan Programs system of assessment; DHS has provided a report of this records are ‘‘sources’’ for information • FEMA employee/contractor name; system of records to the Office of captured within the QARS system of and records. Additionally, FEMA is making Management and Budget and to • FEMA employee/contractor user non-substantive grammatical changes Congress. identification number. throughout this notice for the purpose of SYSTEM OF RECORDS Tracking of FEMA employee/ clarification. contractor activity in the National The purpose of this system of records Department of Homeland Security Emergency Management Information is to enable FEMA’s Quality Control (DHS)/Federal Emergency Management System—Individual Assistance Department, Customer Satisfaction Agency (FEMA)–002. (formerly National Emergency Analysis Section, Contract Oversight SYSTEM NAME: Management Information System Management Section, and NPSC DHS/FEMA–002 Quality Assurance (NEMIS)–IA) and Customer Satisfaction Supervisory staff to better monitor, Recording System (QARS). Analysis System (CSAS) related to call evaluate, and assess its employees and/ recordings, case review processing not or contractors so that FEMA can SECURITY CLASSIFICATION: related to a phone call, and/or customer improve customer service to those Unclassified. satisfaction assessments may include seeking disaster assistance. The purpose the following individual assistance is consistent with FEMA’s mission to SYSTEM LOCATION: applicant information: improve its capability to respond to all Records are maintained primarily at • Survey ID; hazards and support the citizens of our the FEMA Texas National Processing • Applicant’s name; Nation. Service Center (NPSC), Denton, TX • Applicant email address; This updated system will be included 76208; however, records may also be • Home address; in the Department of Homeland maintained at the Virginia NPSC, • Social Security number; Security’s inventory of record systems. Winchester, VA, and the Maryland • Applicant phone number(s);

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35368 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

• Current mailing address; and when DOJ or DHS has agreed to and consistent with the official duties of • Personal financial information represent the employee; or the person making the disclosure. including applicant’s bank name, bank 4. The U.S. or any agency thereof. H. To the news media and the public, account information, insurance B. To a congressional office from the with the approval of the Chief Privacy information, and individual or record of an individual in response to Officer in consultation with counsel, household income. an inquiry from that congressional office when there exists a legitimate public Tracking of FEMA employee/ made at the request of the individual to interest in the disclosure of the contractor activity in CSAS related to whom the record pertains. information, when disclosure is call recordings for customer satisfaction C. To the National Archives and necessary to preserve confidence in the assessments may include the following Records Administration (NARA) or integrity of DHS, or when disclosure is public assistance applicant information: General Services Administration necessary to demonstrate the • Survey ID; pursuant to records management accountability of DHS’s officers, • Applicant/Point of Contact name inspections being conducted under the employees, or individuals covered by and title; authority of 44 U.S.C. 2904 and 2906. the system, except to the extent the • Applicant email address; D. To an agency or organization for Chief Privacy Officer determines that • Organization Name; the purpose of performing audit or • release of the specific information in the Applicant’s organization phone oversight operations as authorized by context of a particular case would number(s); and law, but only such information as is • constitute an unwarranted invasion of Organization’s business and/or necessary and relevant to such audit or personal privacy. mailing address. oversight function. E. To appropriate agencies, entities, DISCLOSURE TO CONSUMER REPORTING AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and persons when: AGENCIES: 5 U.S.C. 301; 5 CFR 430.102; 5 U.S.C. 1. DHS suspects or has confirmed that None. 4302 and 5 U.S.C. 7106(a); 6 U.S.C. 795; the security or confidentiality of POLICIES AND PRACTICES FOR STORING, 29 U.S.C. 204(b); Executive Order No. information in the system of records has 13571; FEMA Directive 3100.1; FEMA RETRIEVING, ACCESSING, RETAINING, AND been compromised; DISPOSING OF RECORDS IN THE SYSTEM: Directive 3700.1; and FEMA Directive 2. DHS has determined that as a result 3700.2. of the suspected or confirmed STORAGE: DHS/FEMA stores records in this PURPOSE(S): compromise, there is a risk of identity theft or fraud, harm to economic or system electronically or on paper in The purpose of this system is to property interests, harm to an secure facilities in a locked drawer collect, maintain, use, and retrieve individual, or harm to the security or behind a locked door. The records may performance records of the FEMA integrity of this system or other systems be stored on magnetic disc, tape, and employees, contractors, and vendors or programs (whether maintained by digital media. who interact with applicants of the DHS or another agency or entity) that Agency’s individual assistance and RETRIEVABILITY: rely upon the compromised public assistance programs for internal FEMA retrieves records in QARS by information; and employee and/or contractor the FEMA employee and/or contractor’s 3. The disclosure made to such performance evaluations, training, and name and user identification number, or agencies, entities, and persons is quality assurance purposes to improve system-generated Contact ID number. reasonably necessary to assist in FEMA’s customer service to and This system does not retrieve connection with DHS’ efforts to respond satisfaction of those individuals information by individual or public to the suspected or confirmed applying for FEMA’s individual and assistance applicant information. compromise and prevent, minimize, or public assistance programs. remedy such harm. SAFEGUARDS: ROUTINE USES OF RECORDS MAINTAINED IN THE F. To contractors and their agents, DHS/FEMA safeguards records in this SYSTEM, INCLUDING CATEGORIES OF USERS AND grantees, experts, consultants, and system according to applicable rules THE PURPOSES OF SUCH USES: others performing or working on a and policies, including all applicable In addition to those disclosures contract, service, grant, cooperative DHS automated systems security and generally permitted under 5 U.S.C. agreement, or other assignment for DHS, access policies. FEMA has imposed 552a(b) of the Privacy Act, all or a when necessary to accomplish an strict controls to minimize the risk of portion of the records or information agency function related to this system of compromising the information that is contained in this system may be records. Individuals provided being stored. Access to the computer disclosed outside DHS as a routine use information under this routine use are system containing the records in this pursuant to 5 U.S.C. 552a(b)(3) as subject to the same Privacy Act system is limited to those individuals follows: requirements and limitations on who have a need to know the A. To the Department of Justice (DOJ), disclosure as are applicable to DHS information for the performance of their including Offices of the U.S. Attorneys, officers and employees. official duties and who have appropriate or other federal agency conducting G. To an appropriate federal, state, clearances or permissions. litigation or in proceedings before any tribal, local, international, or foreign law court, adjudicative, or administrative enforcement agency or other appropriate RETENTION AND DISPOSAL: body, when it is relevant or necessary to authority charged with investigating or The retention period for information the litigation and one of the following prosecuting a violation or enforcing or maintained in QARS depends on the is a party to the litigation or has an implementing a law, rule, regulation, or use of the data. Records within QARS interest in such litigation: order, when a record, either on its face that are used in an evaluation of a 1. DHS or any component thereof; or in conjunction with other FEMA employee or contractor are 2. Any employee or former employee information, indicates a violation or retained for six years, pursuant to FEMA of DHS in his/her official capacity; potential violation of law, which Records Schedule, Series 15–1 3. Any employee or former employee includes criminal, civil, or regulatory ‘‘National Processing Service Centers of DHS in his/her individual capacity violations and such disclosure is proper Evaluated Call Recordings,’’ NARA

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35369

Authority N1–311–08–1. Records that If your request is seeking records DATES: Subcommittees will meet on are not used in an evaluation of a FEMA pertaining to another living individual, Tuesday, August 19, 2014, from 8:30 employee or contractor are purged from you must include a statement from that a.m. to 5 p.m. and on Wednesday, the secured servers within 45 days, per individual certifying his/her agreement August 20, 2014, from 8:30 a.m. to 5 FEMA Records Schedule, Series 15–2 for you to access his/her records. p.m. The full committee will meet on ‘‘National Processing Service Centers Without the above information, the Thursday, August 21, 2014, from 8:30 Unevaluated Call Recordings,’’ also component(s) may not be able to a.m. to 5 p.m. Please note that the under NARA Authority N1–311–08–1. conduct an effective search, and your meetings may close early if the request may be denied due to lack of Committee has completed its business. SYSTEM MANAGER AND ADDRESS: specificity or lack of compliance with Please submit written materials and Manager (940) 891–8500, Enterprise applicable regulations. comments to the docket using any one Performance Information Management of the methods listed in the ADDRESSES RECORD ACCESS PROCEDURES: Section, Federal Emergency section below. Any written material Management Agency, Texas National See ‘‘Notification procedure’’ above. submitted by the public will be Processing Service Center, Denton, TX CONTESTING RECORD PROCEDURES: distributed to the committee and 76208. See ‘‘Notification procedure’’ above. become part of the public record. NOTIFICATION PROCEDURE: ADDRESSES: The meetings will be held at RECORD SOURCE CATEGORIES: the U.S. Coast Marine Safety Center, Individuals seeking notification of FEMA obtains records from FEMA and access to any record contained in Suite 400, 4200 Wilson Boulevard, employees and contractors who assist Arlington, VA 20598. Attendees will be this system of records, or seeking to disaster survivors in the disaster contest its content, may submit a required to pre-register no later than assistance application and casework 5:00 p.m. on August 11, 2014, to be request in writing to the Chief Privacy process, FEMA employees, and/or Officer and Headquarters or FEMA admitted to the meeting. To pre-register contractors initiating customer contact Lieutenant Cristina Nelson Freedom of Information Act (FOIA) satisfaction assessments of FEMA Officer, whose contact information can (202–372–1419) or Cristina.E.Nelson@ disaster assistance applicants, and from uscg.mil) and provide your name, be found at http://www.dhs.gov/foia supervisors or quality control under ‘‘Contacts.’’ If an individual company and telephone number. specialists. This system of records Attendees will be required to provide a believes more than one component contains PII of individual assistance maintains Privacy Act records government-issued picture applicants, which is part of the DHS/ identification card in order to gain concerning him or her, the individual FEMA–008 Disaster Recovery may submit the request to the Chief admittance to the building. Assistance Files System of Records, For information on facilities or Privacy Officer and Chief Freedom of April 30, 2013, 78 FR 25282, as well as Information Act Officer, Department of services for individuals with disabilities PII of public assistance applicants, or to request special assistance at the Homeland Security, 245 Murray Drive which is part of the DHS/FEMA–009 SW., Building 410, STOP–0655, meeting, contact the individual listed in Hazard Mitigation, Disaster Public the FOR FURTHER INFORMATION CONTACT Washington, DC 20528. Assistance, and Disaster Loan Programs When seeking records about yourself as soon as possible. System of Records. from this system of records or any other To facilitate public participation, we Departmental system of records, your EXEMPTIONS CLAIMED FOR THE SYSTEM: are inviting public comment on the request must conform with the Privacy None. issues to be considered by the Committee as listed in the ‘‘Agenda’’ Act regulations set forth in 6 CFR Part Dated: June 3, 2014. 5. You must first verify your identity, section below. In order to be considered Karen L. Neuman, meaning that you must provide your full at the meetings, comments must be name, current address, and date and Chief Privacy Officer, Department of submitted in writing no later than Homeland Security. place of birth. You must sign your August 11, 2014. Comments may be request, and your signature must either [FR Doc. 2014–14079 Filed 6–19–14; 8:45 am] submitted by one of the following be notarized or submitted under 28 BILLING CODE 9110–17–P methods: U.S.C. 1746, a law that permits • Federal eRulemaking Portal: http:// statements to be made under penalty of www.regulations.gov. Follow the DEPARTMENT OF HOMELAND perjury as a substitute for notarization. instructions for submitting comments. SECURITY While no specific form is required, you (This is the preferred method to avoid may obtain forms for this purpose from Coast Guard delays in processing.) the Chief Privacy Officer and Chief • Fax: 202–493–2252 Freedom of Information Act Officer, [Docket No. USCG–2014–0098] • Mail: Docket Management Facility http://www.dhs.gov/foia or 1–866–431– (M–30), U.S. Department of Chemical Transportation Advisory 0486. In addition, you should: Transportation, West Building Ground • Explain why you believe the Committee Floor, Room W12–140, 1200 New Jersey Department would have information on AGENCY: Coast Guard, DHS Avenue SE., Washington, DC 20590– you; ACTION: Notice of Federal Advisory 0001. • • Identify which component(s) of the Committee Meeting. Hand delivery: Same as mail Department you believe may have the address above, between 9 a.m. and 5 information about you; SUMMARY: The Chemical Transportation p.m., Monday through Friday, except • Specify when you believe the Advisory Committee (CTAC) and its Federal holidays. The telephone number records would have been created; and subcommittees will meet on August 19, is 202–366–9329. • Provide any other information that 20, and 21, 2014, in Arlington, VA, to Instructions: All submissions received will help the FOIA staff determine discuss the safe and secure marine must include the words ‘‘Department of which DHS component agency may transportation of hazardous materials. Homeland Security’’ and the docket have responsive records; and The meetings will be open to the public. number for this action. Comments

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35370 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

received will be posted without The agenda for each subcommittee period may end before the time alteration at http://www.regulations.gov, will include the following: indicated, following the last call for including any personal information 1. Review task statements, which are comments. Please contact Mr. Patrick provided. You may review a Privacy Act listed in paragraph (3) of the agenda for Keffler, listed in the FOR FURTHER notice regarding our public dockets in the August 21 meeting. INFORMATION CONTACT section to register the January 17, 2008, issue of the 2. Work on tasks assigned in task as a speaker. Federal Register (73 FR 3316). statements mentioned above. Dated: June 17, 2014. Docket: For access to the docket to 3. Public comment period. read documents or comments related to 4. Discuss and prepare proposed F.J. Sturm, this notice, go to http:// recommendations for the CTAC meeting Acting Director of Commercial Regulations www.regulations.gov, type USCG–2014– on August 21 on tasks assigned in and Standards. 0098 in the Search box, press Enter, and detailed task statements mentioned [FR Doc. 2014–14440 Filed 6–19–14; 8:45 am] then click on the item you wish to view. above. BILLING CODE 9110–04–P FOR FURTHER INFORMATION CONTACT: Mr. Committee Meeting on August 21. Patrick Keffler, Alternate Designated The agenda for the CTAC meeting on Federal Official (ADFO) of the CTAC, August 21 is as follows: DEPARTMENT OF HOUSING AND 2703 Martin Luther King Jr. Ave. SE., 1. Introductions and opening remarks. URBAN DEVELOPMENT Stop 7509, Washington, DC 20593– 2. Public comment period. [Docket No. FR–5756–N–23] 7509, telephone 202–372–1424, fax 3. Committee will meet to review, 202–372–8380. If you have any discuss, and formulate 60-Day Notice of Proposed Information questions on viewing or submitting recommendations on the following Collection: Requirements for Single material to the docket, call Cheryl items of interest: Family Mortgage Instruments Collins, Program Manager, Docket a. Harmonization of Response and Operations, telephone 202–366–9826 or Carriage Requirements for Biofuels and AGENCY: Office of the Assistant 1–800–647–5527. Biofuel Blends. Secretary for Housing—Federal Housing Commissioner, HUD. SUPPLEMENTARY INFORMATION: Notice of b. Recommendations on Safety this meeting is given under the Federal Standards for the Design of Vessels ACTION: Notice. Advisory Committee Act (FACA), 5 Carrying Natural Gas or Using Natural SUMMARY: HUD is seeking approval from U.S.C. App., Public Law 92–463, 86 Gas as Fuel. the Office of Management and Budget Stat. 770, as amended. c. Recommendations for Safety CTAC is an advisory Committee Standards for Ship to Ship Transfer of (OMB) for the information collection authorized under section 871 of the Hazardous Material Outside of the described below. In accordance with the Homeland Security Act of 2002, 6 Baseline. Paperwork Reduction Act, HUD is U.S.C. 451, and is chartered under the d. Recommendations for Guidance on requesting comment from all interested provisions of the FACA. The committee the Implementation of Revisions to parties on the proposed collection of acts solely in an advisory capacity to the MARPOL Annex II and the International information. The purpose of this notice Secretary of the Department of Code for the Construction and is to allow for 60 days of public Homeland Security (DHS) through the Equipment of Ships Carrying Dangerous comment. Commandant of the Coast Guard and the Chemicals in Bulk (commonly known as DATES: Comments Due Date: August 19, Deputy Commandant for Operations on the IBC Code). 2014. e. Requirements for Third-Party matters relating to safe and secure ADDRESSES: Interested persons are Surveyors of MARPOL Annex II marine transportation of hazardous invited to submit comments regarding Prewash Operations. materials activities insofar as they relate this proposal. Comments should refer to to matters within the United States f. Improving Implementation of and Education about MARPOL Discharge the proposal by name and/or OMB Coast Guard’s (USCG) jurisdiction. The Control Number and should be sent to: committee advises, consults with, and Requirements Under MARPOL Annex II and V. Colette Pollard, Reports Management makes recommendations reflecting its Officer, QDAM, Department of Housing independent judgment to the Secretary. 4. USCG presentations on the following items of interest: and Urban Development, 451 7th Street Agendas of Meetings a. Update on International Maritime SW., Room 4176, Washington, DC Subcommittee Meetings on August 19 Organization activities as they relate to 20410–5000; telephone 202–402–3400 and 20, 2014. the marine transportation of hazardous (this is not a toll-free number) or email The subcommittees on biofuels, materials. at [email protected] for a copy of liquefied gases, outreach, Ship to Ship b. Update on U.S. regulations as they the proposed forms or other available Transfer of Hazardous Material Outside relate to the marine transportation of information. Persons with hearing or of the Baseline, and the International hazardous materials. speech impairments may access this Convention for the Prevention of c. Update on Bulk Chemical Data number through TTY by calling the toll- Pollution from Ships (MARPOL) will Guide (Blue Book). free Federal Relay Service at (800) 877– meet to continue to address the task d. Update on vessel to vessel transfer 8339. statements listed in paragraph (3) of the of hazardous materials in bulk. FOR FURTHER INFORMATION CONTACT: agenda for the August 21 meeting and 5. Set next meeting date and location. Kevin Stevens, Deputy Director, HMID, the tasks given at the last CTAC 6. Set Subcommittee Meeting Department of Housing and Urban meeting. The task statements from the schedule. Development, 451 7th Street SW., last CTAC meeting are located at A public comment period will be held Washington, DC 20410; email Homeport at the following address: during each Subcommittee and the full [email protected] or telephone https://homeport.uscg.mil. Go to: committee meeting concerning matters (202) 402–4317. This is not a toll-free Missions > Ports and Waterways > being discussed. Public comments will number. Persons with hearing or speech Safety Advisory Committees > CTAC be limited to 3 minutes per speaker. impairments may access this number Subcommittees and Working Groups. Please note that the public comment through TTY by calling the toll-free

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35371

Federal Relay Service at (800) 877–8339. DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Copies of available documents URBAN DEVELOPMENT only’’ recipients of the property will be submitted to OMB may be obtained required to relocate the building to their from Mr. Stevens. [Docket No. FR–5750–N–25] own site at their own expense. SUPPLEMENTARY INFORMATION: This Federal Property Suitable as Facilities Homeless assistance providers notice informs the public that HUD is To Assist the Homeless interested in any such property should seeking approval from OMB for the send a written expression of interest to information collection described in AGENCY: Office of the Assistant HHS, addressed to Theresa Ritta, Ms. Section A. Secretary for Community Planning and Theresa M. Ritta, Chief Real Property Development, HUD. Branch, the Department of Health and A. Overview of Information Collection ACTION: Notice. Human Services, Room 5B–17, Title of Information Collection: Parklawn Building, 5600 Fishers Lane, Requirements for Single Family SUMMARY: This Notice identifies Rockville, MD 20857, (301)-443–2265 Mortgage Instruments. unutilized, underutilized, excess, and (This is not a toll-free number.) HHS OMB Approval Number: 2502–0404. surplus Federal property reviewed by will mail to the interested provider an Type of Request: Extension. HUD for suitability for use to assist the application packet, which will include Form Number: None. homeless. instructions for completing the Description of the need for the FOR FURTHER INFORMATION CONTACT: application. In order to maximize the information and proposed use: This Juanita Perry, Department of Housing opportunity to utilize a suitable information is used to verify that a property, providers should submit their mortgage has been properly recorded and Urban Development, 451 Seventh Street SW., Room 7266, Washington, DC written expressions of interest as soon and is eligible for FHA insurance. as possible. For complete details Respondents: Individuals or 20410; telephone (202) 402–3970; TTY number for the hearing- and speech- concerning the processing of household. applications, the reader is encouraged to Estimated Number of Respondents: impaired (202) 708–2565 (these telephone numbers are not toll-free), or refer to the interim rule governing this 11,907. program, 24 CFR part 581. Estimated Number of Responses: call the toll-free Title V information line at 800–927–7588. For properties listed as suitable/to be 1,261,143. excess, that property may, if Frequency of Response: One per SUPPLEMENTARY INFORMATION: In subsequently accepted as excess by mortgage. accordance with 24 CFR part 581 and Average Hours per Response: 5 GSA, be made available for use by the section 501 of the Stewart B. McKinney homeless in accordance with applicable minutes. Homeless Assistance Act (42 U.S.C. Total Estimated Burdens: 630,572. law, subject to screening for other 11411), as amended, HUD is publishing Federal use. At the appropriate time, B. Solicitation of Public Comment this Notice to identify Federal buildings HUD will publish the property in a and other real property that HUD has Notice showing it as either suitable/ This notice is soliciting comments reviewed for suitability for use to assist from members of the public and affected available or suitable/unavailable. the homeless. The properties were For properties listed as suitable/ parties concerning the collection of reviewed using information provided to information described in Section A on unavailable, the landholding agency has HUD by Federal landholding agencies decided that the property cannot be the following: regarding unutilized and underutilized (1) Whether the proposed collection declared excess or made available for buildings and real property controlled of information is necessary for the use to assist the homeless, and the by such agencies or by GSA regarding proper performance of the functions of property will not be available. its inventory of excess or surplus the agency, including whether the Properties listed as unsuitable will Federal property. This Notice is also information will have practical utility; not be made available for any other published in order to comply with the (2) The accuracy of the agency’s purpose for 20 days from the date of this December 12, 1988 Court Order in estimate of the burden of the proposed Notice. Homeless assistance providers National Coalition for the Homeless v. collection of information; (3) Ways to interested in a review by HUD of the Veterans Administration, No. 88–2503– enhance the quality, utility, and clarity determination of unsuitability should OG (D.D.C.). of the information to be collected; and call the toll free information line at 1– Properties reviewed are listed in this (4) Ways to minimize the burden of the 800–927–7588 for detailed instructions Notice according to the following collection of information on those who or write a letter to Ann Marie Oliva at categories: Suitable/available, suitable/ are to respond; including through the the address listed at the beginning of unavailable, and suitable/to be excess, use of appropriate automated collection this Notice. Included in the request for and unsuitable. The properties listed in techniques or other forms of information review should be the property address the three suitable categories have been technology, e.g., permitting electronic (including zip code), the date of reviewed by the landholding agencies, submission of responses. publication in the Federal Register, the HUD encourages interested parties to and each agency has transmitted to landholding agency, and the property submit comment in response to these HUD: (1) Its intention to make the number. questions. property available for use to assist the For more information regarding homeless, (2) its intention to declare the particular properties identified in this Authority: Section 3507 of the Paperwork property excess to the agency’s needs, or Notice (i.e., acreage, floor plan, existing Reduction Act of 1995, 44 U.S.C. Chapter 35. (3) a statement of the reasons that the sanitary facilities, exact street address), Dated: June 11, 2014. property cannot be declared excess or providers should contact the Laura M. Marin, made available for use as facilities to appropriate landholding agencies at the Associate General Deputy Assistant Secretary assist the homeless. following addresses: AGRICULTURE: for Housing-Associate Deputy Federal Properties listed as suitable/available Ms. Debra Kerr, Department of Housing Commissioner. will be available exclusively for Agriculture, Reporters Building, 300 7th [FR Doc. 2014–14498 Filed 6–19–14; 8:45 am] homeless use for a period of 60 days Street SW., Room 300, Washington, DC BILLING CODE 4210–67–P from the date of this Notice. Where 20024, (202) 720–8873; AIR FORCE: Ms.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35372 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Connie Lotfi, Air Force Real Property Landholding Agency: GSA 7481 Sentry Boulevard Agency, 143 Billy Mitchell Blvd., San Property Number: 54201420007 Tinker AFB OK 73145 Antonio, TX 78226, (210) 925–3047; Status: Surplus Landholding Agency: Air Force ARMY: Ms. Veronica Rines, Office of GSA Number: 7–G–KS–0529 Property Number: 18201420002 Comments: 5,918 sq. ft.; sits on .52 acres; Status: Excess the Assistant Chief of Staff for Admin. bldg.; 42+ yrs.-old; fair conditions; Comments: off-site removal only; 19,034 sq. Installation Management, Department of asbestos; lead-based paint; mold possible; ft.; wing HQs; roof is in poor condition; Army, Room 5A128, 600 Army contact GSA for more information. secured area; contact for accessibility; Pentagon, Washington, DC 20310, (571) removal request. Minnesota 256–8145; COE: Mr. Scott Whiteford, 268 Army Corps of Engineers, Real Estate, South Annex Building 7568 Sentry Boulevard CEMP–CR, 441 G Street NW., 200 Ash Ave., NW Tinker AFB OK 73145 Cass Lake MN 56633 Washington, DC 20314; (202) 761–5542; Landholding Agency: Air Force Landholding Agency: Agriculture Property Number: 18201420008 COAST GUARD: Commandant, United Property Number: 15201420014 States Coast Guard, Attn: Jennifer Status: Underutilized Status: Unutilized Comments: Off-site removal only; no future Stomber, 2100 Second St. SW., Stop Comments: off-site removal only; no future agency need; 7,311 sq. ft.; air passenger 7901, Washington, DC 20593–0001; agency need; 1,950 sq. ft.; 96+ months terminal; roof needs repairing; secured (202) 475–5609; GSA: Mr. Flavio Peres, vacant; fair conditions; office; contact area; contact AF for more info. Agriculture for more information. General Services Administration, Office 7 Buildings of Real Property Utilization and Missouri Tinker AFB Disposal, 1800 F Street NW., Room 7040 23 Building Tinker AFB OK 73145 Washington, DC 20405, (202) 501–0084; 364 SE D Hwy Landholding Agency: Air Force INTERIOR: Mr. Michael Wright, Knob Noster MO 65336 Property Number: 18201420050 Acquisition & Property Management, Landholding Agency: Air Force Status: Unutilized Directions: 1064; 7043; 7014; 7012; 7011; Department of the Interior, 3960 N. 56th Property Number: 18201420005 Status: Excess 7010; 7009 Ave. #104, Hollywood, FL. 33021; (443) Comments: off-site removal only; no future 223–4639; NAVY: Mr. Steve Matteo, Directions: 1449; 1450; 1448; 1447; 1446; 1442; 1445; 1436; 1460; 1462; 1464; 1463; agency need; poor conditions, secured Department of the Navy, Asset area; contact AF for more information on 1467; 1465; 69; 46; 1451; 1452; 1453; 1454; a specific property & accessibility Management Division, Naval Facilities 1455; 1456; 1459 requirements. Engineering Command, Washington Comments: off-site removal only; fair Navy Yard, 1330 Patterson Ave. SW., conditions; contact Air Force for Oregon Suite 1000, Washington, DC 20374; information on a specific property and US Moorings (202) 685–9426 (These are not toll-free accessibility/removal request. 8010 NW St. Helens Rd. numbers). 4008 Portland OR 97210 Dated: June 12, 2014. Whiteman AFB Landholding Agency: COE Whileman AFB MO 65305 Brian P. Fitzmaurice, Property Number: 31201420012 Landholding Agency: Air Force Status: Underutilized Director, Division of Community Assistance, Property Number: 18201420023 Directions: USGOV-6705; 6706; 6718; 6715 Office of Special Needs Assistance Programs. Status: Excess Comments: off-site removal only; no future Comments: off-site removal only; 3,131sq.ft.; agency need; 15x200 for stables; 30x30 for TITLE V, FEDERAL SURPLUS PROPERTY office; 33+ years old; fair to good dock hoist house; office/shop; 40% of PROGRAM FEDERAL REGISTER REPORT conditions; secured area; contact Air Force bldgs. sits on deteriorating dock; FOR 06/20/2014 for more information. contamination; contact COE for more info. Suitable/Available Properties New Jersey Texas Building 8544 3 Buildings Florida Joint Base McGuire-Dix-Lakehurst Dyess AFB Ft. Dix NJ 08640 Dyess AFB TX 79602 Trailer-662900B014, Landholding Agency: Air Force Landholding Agency: Air Force RPUID 03.571, 14683, Site 01 Property Number: 18201420006 Property Number: 18201420052 Ft. Lauderdale FL 33314 Status: Unutilized Status: Unutilized Landholding Agency: Agriculture Comments: off-site removal only; no future Directions: 4308; 4310; 5276 Property Number: 15201420017 agency need; poor conditions; secured Comments: off-site removal only; no future Status: Excess area; contact AF for more info.; agency need; poor conditions; secured Comments: off-site removal only; 720 sq. ft.; accessibility & removal requirements. area; contact AF for more information on office; fair conditions; 4+ months vacant; a specific property & accessibility contact Agriculture for more information. 27 Buildings Joint Base McGuire-Dix-Lakehurst (JB MDL) requirements. Georgia Fort Dix NJ 08640 Property Item TB–26850, Toilet Rabbit/Mouse/Bird Holing Bldg. Landholding Agency: Air Force 5171 FM92 South 661246B020; RPUID 03.54972 Property Number: 18201420030 Woodville TX 75979 Athens GA 30605 Status: Unutilized Landholding Agency: COE Landholding Agency: Agriculture Directions: 9218; 9491; 94201; 94594; 98371; Property Number: 31201420011 Property Number: 15201420015 98462; 98492; 9858; 9860; 98552; 9859; Status: Underutilized Status: Excess 8550; 8549; 8547; 8545; 8546; 8551; 9216; Comments: 825 sq. ft.; waterborne restroom; Comments: off-site removal only; 386 sq. ft.; 9402; 9426; 9429; 9535; 9833; 9538; 8543; 45+ yrs.-old; repairs needed; contact COE animal housing; 51+ yrs.-old; good to fair 8542; 8541 for more information. conditions; contact Agriculture for more Comments: off-site removal only; no future Utah information. agency need; dissemble required; poor conditions; secured area; contact AF for Building 1607 Kansas more information. 6263 Hickory Avenue, Hill AFB Former SS Admin. Building Hill AFB UT 84056 801 S. Broadway Oklahoma Landholding Agency: Air Force Pittsburg KS 66762 280 Property Number: 18201420010

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35373

Status: Excess Landholding Agency: Air Force Reasons: Secured Area Directions: 1607 Property Number: 18201420034 3 Buildings Comments: off-site removal only; 16,050 sq. Status: Underutilized Camp Pendleton ft.; office; repairs required; secured area; Comments: public access denied and no Camp Pendleton CA 92055 contact Air Force for more information. alternative without compromising national Landholding Agency: Navy security. Virginia Property Number: 77201420011 Reasons: Secured Area Status: Excess Cropp House; Tract 901001 Arizona Directions: 1295; 1686; 1255 16308 Dumfries Rd. Comments: public access denied and no Dumfries VA 22026 18 Buildings alternative method to gain access without Landholding Agency: Interior Davis Monahan compromising national security. Property Number: 61201420001 4855 S. Wickenburg Avenue Reasons: Secured Area Status: Excess Tucson AZ 85707 Facility No. 3434 Comments: off-site removal only; 1,800 sq. Landholding Agency: Air Force Naval Base ft.; residential; 140+ months vacant; poor Property Number: 18201420016 San Diego CA conditions; asbestos; mold; lead-based Status: Underutilized Landholding Agency: Navy paint; contact Interior for more Directions: FBNV7613; FBNV7708; Property Number: 77201420013 information. FBNV7713; FBNV2350; FBNV2250; Status: Excess Gray House #1; Tract 02–157 FBNV3501; FBNV4065; FBNV7403; Comments: public access denied and no 11919 general Trimbles Lane FBNV7409; FBNV7427; FBNV7431; alternative method to gain access without Manassas VA 20110 FBNV7434; FBNV7435; FBNV7437; compromising national security. Landholding Agency: Interior FBNV7446; FBNV7507; FBNV7513; Reasons: Secured Area FBNV7514 Property Number: 61201420002 Building 6418 Comments: public access denied and no Status: Excess Marine Corps Air Station Miramar alternate without compromising national Comments: off-site removal only; 2,000 sq. San Diego CA security. ft.; due to structure type relocation may be Landholding Agency: Navy Reasons: Secured Area very difficult; residential; black mold; Property Number: 77201420015 asbestos; water damage; contact Interior for Arkansas Status: Excess more info. 7 Buildings Comments: public access denied and no alternative method to gain access without Gray House #2; Tract 01–220 Little Rock AFB compromising national security. 6221 Featherbed Lane Little Rock AR 72099 Reasons: Secured Area Manassas VA 20110 Landholding Agency: Air Force Landholding Agency: Interior Property Number: 18201420037 Colorado Property Number: 61201420003 Status: Unutilized Building 814, Backley AF Base Status: Excess Directions: 840; 1383; 1389; 1397; 1398; Comments: off-site removal only; 2,100 sq. 120 Vail Street 1432; 230 Building 814 ft.; poor conditions; due to structure type Comments: public access denied and no relocation may be difficult; 4+ yrs. vacant; Aurora CO 80011 alternation without compromising national Landholding Agency: Air Force mold; contact Interior for more security. information. Property Number: 18201420012 Reasons: Secured Area Status: Underutilized Wyoming 330 Comments: public access denied and no #13545 Little Rock AFB alternate without compromising national Bow River Work Center Shop/Storage 330 Chief Williams Drive security. Elk Mtn. WY Little Rock AR 72099 Reasons: Secured Area Landholding Agency: Agriculture Landholding Agency: Air Force 3 Buildings Property Number: 15201420016 Property Number: 18201420038 Peterson AFB Status: Excess Status: Underutilized Peterson CO 80914 Directions: NFSR 261/NFSR 101 JUNCTION Comments: public access denied and no Landholding Agency: Air Force Comments: 813 sq. ft.; storage; 108+ months alternation without compromising national Property Number: 18201420035 vacant; floor stringer rotten; roof covering security. Status: Unutilized has been removed; no power; contact Reasons: Secured Area Directions: 600; 681; 1281 Agriculture for more information. Comments: public access denied and no California alternation without compromising national Unsuitable Properties 4 Buildings security. Vandenberg AFB Reasons: Secured Area Building Vandenberg AFB CA 93437 5229 Florida Landholding Agency: Air Force 5229 Cedar Drive 3 Buildings Property Number: 18201420036 USAF Academy CO 80840 Duke Field Status: Unutilized Landholding Agency: Air Force 3025 Short Street Directions: 533; 541; 11343; 21294 Property Number: 18201420043 Duke Field FL 32542 Comments: public access denied and no Status: Unutilized Landholding Agency: Air Force alternation without compromising national Comments: public access denied and no Property Number: 18201420007 security. alternation without compromising national Status: Underutilized Reasons: Secured Area security. Directions: 3025; 3058; 3104 10 Buildings Reasons: Secured Area Comments: public access denied and no Camp Pendleton Building 106 alternate without compromising national Camp Pendleton CA 92055 106 NORAD Road, security. Landholding Agency: Navy Cheyenne Mountain AFB Reasons: Secured Area Property Number: 77201420010 Colorado Springs CO 80914 Status: Excess Landholding Agency: Air Force Alaska Directions: SS014; SS012; SS011; SS007; Property Number: 18201420046 57433 SS009; SS004; SS008; 14221; 31517; 53373 Status: Unutilized Joint Base Elmendorf-Richardson Comments: public access denied and no Comments: public access denied and no 57433 Stevens Road alternative method to gain access without alternation without compromising national JBER-Richardson AK 99505 compromising national security. security.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35374 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Reasons: Secured Area 334 Davis Avenue W Status: Underutilized Barksdale LA 71110 Directions: 378; 593; 992; 1009; 20206 Delaware Landholding Agency: Air Force Comments: public access denied and no 2 Buildings Property Number: 18201420026 alternation without compromising national null Status: Unutilized security. Dover AFB Comments: property located within airport Reasons: Secured Area Dover DE 19902–6600 runway clear zone; public access denied New York Landholding Agency: Air Force and no alternate without compromising Property Number: 18201420041 national security. Bldg. 641 Status: Excess Reasons: Within airport runway clear zone; Hancock IAP Directions: 267; 302 Secured Area Syracuse NY 13211 Comments: public access denied and no Landholding Agency: Air Force alternation without compromising national Maryland Property Number: 18201420004 security. 2 Buildings Status: Unutilized Reasons: Secured Area Joint Base Andrews Comments: public access denied & no alter. Joint Base Andrews MD 20762 w/out compromising Nat’l sec. Florida Landholding Agency: Air Force Reasons: Secured Area Building 1752 Property Number: 18201420032 Building 600 Eglin AFB Status: Unutilized Hancock IAP Eglin AFB FL 32542 Directions: 1600; 1642 6001 E Molloy Road Landholding Agency: Air Force Comments: public access denied and no Syracuse NY 13211 Property Number: 18201420009 alternative without compromising national Landholding Agency: Air Force Status: Unutilized security. Property Number: 18201420019 Comments: public access denied and no Reasons: Secured Area Status: Unutilized alternate without compromising national Missouri Comments: public access denied and no security. alternate without compromising national Reasons: Secured Area 4019 security. 17 Buildings Stealth Street 100 Reasons: Secured Area Whileman AFB MO 65305 Eglin AFB 70B Landholding Agency: Air Force Eglin FL 32542 US Army Garrison Property Number: 18201420022 Landholding Agency: Air Force West Point NY 10996 Status: Underutilized Property Number: 18201420027 Landholding Agency: Army Comments: public access denied and no Status: Underutilized Property Number: 21201420037 alternate without compromising national Directions: 843; 950; 964; 1242; 1243; 1317; Status: Excess security. 1331; 1353; 810; 36; 37; 38; 719; 35; 30; Comments: public access denied and no Reasons: Secured Area 8853; 8852 alternative method to gain access without Comments: public access denied and no 3006 compromising national security. alternate without compromising national Whiteman AFB Reasons: Secured Area security. 323 Spirit Blvd. Reasons: Secured Area Whileman AFB MO 65305 Ohio Landholding Agency: Air Force Indiana 6 Buildings Property Number: 18201420029 Wright-Patterson AFB Building 1892 Status: Excess Wright-Patterson AFB OH 45433 300 Hwy 361 Comments: public access denied and no Landholding Agency: Air Force Crane IN 47522 alternative without compromising national Property Number: 18201420042 Landholding Agency: Navy security. Status: Excess Property Number: 77201420012 Reasons: Secured Area Directions: 20189; 10286; 20198; 30053; Status: Unutilized Nebraska 20064; 20068 Comments: public access denied and no Comments: public access denied and no alternative method to gain access without Building 5081 alternation without compromising national compromising national security. 2506 Roman Hruska Dr. security. Reasons: Secured Area Offutt AFB NE 65113 Reasons: Secured Area Landholding Agency: Air Force Louisiana Property Number: 18201420024 Oklahoma B–4359 Status: Excess 460 745 Douhet Street Comments: 100% of property located within 7460 Arnold Avenue Barksdale AFB airport runway clear zone. Tinker AFB OK 73145 Barksdale LA 71110 Reasons: Within airport runway clear zone Landholding Agency: Air Force Landholding Agency: Air Force New Jersey Property Number: 18201420045 Property Number: 18201420011 5903 Water Tower Status: Excess Status: Underutilized Comments: public access denied and no Comments: public access denied and no 5903 Montelier Street Fort Dix NJ 08640 alternation without compromising national alternate without compromising national Landholding Agency: Air Force security. security. Property Number: 18201420028 Reasons: Secured Area Reasons: Secured Area Status: Excess 4 Buildings B–7201 Comments: public access denied and no Tinker AFB 3702 Dunn Blvd. alternate without compromising national Tinker AFB OK 73145 Barksdale LA 71110 security. Landholding Agency: Air Force Landholding Agency: Air Force Reasons: Secured Area Property Number: 18201420047 Property Number: 18201420025 Status: Underutilized Status: Underutilized New Mexico Directions: 238; 265; 1039; 7015 Comments: public access denied and no 5 Buildings Comments: buildings cannot be relocated; alternate without compromising national Kirtland AFB public access denied and no alternative security. Kirtland NM 87117 method to gain access without Reasons: Secured Area Landholding Agency: Air Force compromising national security. B–6421 Property Number: 18201420039 Reasons: Secured Area

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35375

8 Buildings Landholding Agency: Air Force Comments: public access denied and no Tinker AFB Property Number: 18201420021 alternative method to gain access without Tinker AFB OK 73145 Status: Excess compromising national security. Landholding Agency: Air Force Comments: public access denied and no Reasons: Secured Area Property Number: 18201420048 alternate without compromising national Status: Excess security. Oklahoma Directions: 1035; 1162; 1036; 1086; 1088; Reasons: Secured Area 7 Buildings 1122; 1131; 3123 Building 2120 Tinker AFB Comments: buildings cannot be relocated; Arnold AFB Tinker AFB OK 73145 public access denied and no alternative 2120 Gossick Road Landholding Agency: Air Force method to gain access w/out compromising Arnold TN 37389 Property Number: 18201420049 national security. Landholding Agency: Air Force Status: Unutilized Reasons: Secured Area Property Number: 18201420033 Directions: 1013; 7006; 7001; 1010; 1016; 1034; 7028 Rhode Island Status: Underutilized Comments: public access denied and no Comments: buildings cannot be relocated; Facility #346CP alternative without compromising national public access denied and no alternative Easton St. security. method to gain access without Newport RI 02840 Reasons: Secured Area compromising national security. Landholding Agency: Navy Building 1433 Reasons: Secured Area Property Number: 77201420014 Arnold AFB Status: Excess [FR Doc. 2014–14162 Filed 6–19–14; 8:45 am] 1433 S. Fifth Street BILLING CODE 4210–67–P Comments: public access denied and no Arnold TN 37389 alternative method to gain access without Landholding Agency: Air Force compromising national security. Property Number: 18201420040 Reasons: Secured Area Status: Unutilized South Carolina Comments: public access denied and no DEPARTMENT OF THE INTERIOR alternation without compromising national Army Reserve Building security. Fish and Wildlife Service Chisolm & Broad St Reasons: Secured Area 196 Tradd St. Charleston SC 29401 Texas [FWS–HQ–IA–2014–N124; Landholding Agency: Coast Guard 5 Buildings FXIA16710900000–145–FF09A30000] Property Number: 88201420008 Dyess AFB Status: Unutilized Dyess AFB TX 76907 Endangered Species; Marine Comments: public access denied and no Landholding Agency: Air Force Mammals; Receipt of Applications for alternative method to gain access without Property Number: 18201420051 Permit compromising national security. Status: Unutilized Reasons: Secured Area Directions: 8032; 7422; 6112; 5019; 4317 AGENCY: Fish and Wildlife Service, Tennessee Comments: buildings cannot be relocated; Interior. public access denied and no alternative Building 241 method to gain access without ACTION: Notice of receipt of applications McGhee Tyson Apartment compromising national security. for permit. Louisville TN 37777 Reasons: Secured Area Landholding Agency: Air Force SUMMARY: We, the U.S. Fish and Property Number: 18201420013 Virginia Status: Excess Wildlife Service, invite the public to CEP–210 comment on the following applications Comments: public access denied and no 1520 Gilbert St. alternate without compromising national Norfolk VA 23511 to conduct certain activities with security. Landholding Agency: Navy endangered species, marine mammals, Reasons: Secured Area Property Number: 77201420017 or both. With some exceptions, the 18 Buildings Status: Excess Endangered Species Act (ESA) and Davis Monahan Comments: public access denied and no Marine Mammal Protection Act 4855 S. Wickenburg Avenue alternative method to gain access without (MMPA) prohibit activities with listed Tucson TN 85707 compromising national security. species unless Federal authorization is Landholding Agency: Air Force Reasons: Secured Area acquired that allows such activities. Property Number: 18201420014 3 Buildings Status: Underutilized 1520 Gilbert St. DATES: We must receive comments or Comments: public access denied and no Norfolk VA 23511 requests for documents on or before July alternate without compromising national Landholding Agency: Navy 21, 2014. We must receive requests for security. Property Number: 77201420018 marine mammal permit public hearings, Reasons: Secured Area Status: Excess in writing, at the address shown in the Building 3000, HQ MAJOR CMD Directions: CEP66; CEP66A; CEP66B ADDRESSES section by July 21, 2014. 320 Post Avenue Comments: public access denied and no McGhee Tyson ANG Base alternative method to gain access without ADDRESSES: Brenda Tapia, Division of Louisville TN 37777 compromising national security. Management Authority, U.S. Fish and Landholding Agency: Air Force Reasons: Secured Area Wildlife Service, 4401 North Fairfax Property Number: 18201420018 Drive, Room 212, Arlington, VA 22203; Status: Excess Land Comments: public access denied and no Alaska fax (703) 358–2280; or email DMAFR@ fws.gov. alternate without compromising national JBER security. JBER AK 99506 FOR FURTHER INFORMATION CONTACT: Reasons: Secured Area Landholding Agency: Air Force Brenda Tapia, (703) 358–2104 Building 106, Comm Fclty Property Number: 18201420044 (telephone); (703) 358–2280 (fax); 320 Post Avenue Status: Underutilized [email protected] (email). McGhee Tyson ANG Base Directions: 40x40 parcel; 10.46 acres; 14.71 Louisville TN 37777 acres; 63.21 acres SUPPLEMENTARY INFORMATION:

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35376 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

I. Public Comment Procedures in consideration of section 10(a)(1)(A) of to Dolphinaris, Cancun, Mexico, for the the Endangered Species Act of 1973, as purpose of enhancement of the survival A. How do I request copies of amended (16 U.S.C. 1531 et seq.), and of the species through captive breeding applications or comment on submitted the Marine Mammal Protection Act of and scientific research. applications? 1972, as amended (16 U.S.C. 1361 et Applicant: John House, Blountstown, Send your request for copies of seq.), along with Executive Order 13576, FL; PRT–36200B applications or comments and materials ‘‘Delivering an Efficient, Effective, and concerning any of the applications to Accountable Government,’’ and the The applicant requests a permit to the contact listed under ADDRESSES. President’s Memorandum for the Heads import a sport-hunted trophy of one Please include the Federal Register of Executive Departments and Agencies male bontebok (Damaliscus pygargus notice publication date, the PRT- of January 21, 2009—Transparency and pygargus) culled from a captive herd number, and the name of the applicant Open Government (74 FR 4685; January maintained under the management in your request or submission. We will 26, 2009), which call on all Federal program of the Republic of South Africa, not consider requests or comments sent agencies to promote openness and for the purpose of enhancement of the to an email or address not listed under transparency in Government by survival of the species. ADDRESSES. If you provide an email disclosing information to the public, we address in your request for copies of B. Endangered Marine Mammals and invite public comment on these permit Marine Mammals applications, we will attempt to respond applications before final action is taken. to your request electronically. Under the MMPA, you may request a Applicant: Matson’s Laboratory, Please make your requests or hearing on any MMPA application Milltown, MT; PRT–166346. comments as specific as possible. Please received. If you request a hearing, give confine your comments to issues for The applicant requests renewal of the specific reasons why a hearing would be permit to import teeth from polar bears which we seek comments in this notice, appropriate. The holding of such a and explain the basis for your (Ursus maritimus) which were taken hearing is at the discretion of the during subsistence harvests in Nunavut, comments. Include sufficient Service Director. information with your comments to Canada, for age analysis for the purpose allow us to authenticate any scientific or III. Permit Applications of scientific research and enhancement of survival of the species. This commercial data you include. A. Endangered Species The comments and recommendations notification covers activities to be that will be most useful and likely to Applicant: Sedgwick County Zoological conducted by the applicant over a 5- influence agency decisions are: (1) Society, Inc., Wichita, KS; PRT–28663B year period. Those supported by quantitative Concurrent with publishing this The applicant requests a permit to information or studies; and (2) Those notice in the Federal Register, we are import one female captive born gorilla that include citations to, and analyses forwarding copies of the above (Gorilla gorilla) for the purpose of of, the applicable laws and regulations. applications to the Marine Mammal enhancement of the survival of the We will not consider or include in our Commission and the Committee of species from Calgary Zoo, Botanical administrative record comments we Scientific Advisors for their review. Garden and Prehistoric Park, Alberta, receive after the close of the comment Canada. Brenda Tapia, period (see DATES) or comments Program Analyst/Data Administrator, Branch delivered to an address other than those Applicant: Henry Vilas Zoo, Madison, of Permits, Division of Management listed above (see ADDRESSES). WI; PRT–672361 Authority. B. May I review comments submitted by The applicant requests renewal of [FR Doc. 2014–14427 Filed 6–19–14; 8:45 am] others? their captive-bred wildlife registration BILLING CODE 4310–55–P Comments, including names and under 50 CFR 17.21(g) for the following species, to enhance the species’ street addresses of respondents, will be DEPARTMENT OF THE INTERIOR available for public review at the street propagation or survival. This notification covers activities to be address listed under ADDRESSES. The Bureau of Land Management public may review documents and other conducted by the applicant over a 5- [LLWO600000.L18200000.XH0000] information applicants have sent in year period. Species: support of the application unless our Third Call for Nominations for allowing viewing would violate the Bactrian camel (Camelus bactrianus) Advisory Committees; Montana, Privacy Act or Freedom of Information Northern white rhinoceros Oregon, and Washington Act. Before including your address, (Ceratotherium simum cottoni) phone number, email address, or other Lar gibbon (Hylobates lar) AGENCY: Bureau of Land Management, personal identifying information in your Ring-tailed lemur (Lemur catta) Interior. comment, you should be aware that Golden lion tamarin (Leontopithecus ACTION: Notice. your entire comment—including your rosalia) personal identifying information—may Siberian tiger (Panthera tigris altaica) SUMMARY: The purpose of this notice is be made publicly available at any time. Orangutan (Pongo pygmaeus) to reopen the request for public While you can ask us in your comment Jackass penguin (Spheniscus demersus) nominations for certain Bureau of Land to withhold your personal identifying Malayan tapir (Tapirus indicus) Management (BLM) Advisory information from public review, we Committees that have member terms Applicant: Park Management Corp., Six expiring this year. These Advisory cannot guarantee that we will be able to Flags Discovery Kingdom, Vallejo, CA; do so. Committees provide advice and PRT–35108B recommendations to the BLM on land II. Background The applicant requests a permit to use planning and management of the To help us carry out our conservation export 5 male and 5 female captive-bred National System of Public Lands within responsibilities for affected species, and jackass penguins (Spheniscus demersus) their respective geographic areas. The

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35377

Advisory Committees covered by this Nominees should demonstrate a DEPARTMENT OF THE INTERIOR request for nominations are identified commitment to collaborative resource below. The BLM will accept public decision-making. The Obama Bureau of Ocean Energy Management nominations for 30 days after the Administration prohibits individuals [Docket No. BOEM–2014–0042] publication of this notice. who are currently federally registered DATES: All nominations must be lobbyists from being appointed or re- Notice of Determination of No received no later than July 21, 2014. appointed to FACA and non-FACA Competitive Interest for the Pacific ADDRESSES: See SUPPLEMENTARY boards, committees, or councils. Marine Energy Center South Energy INFORMATION for the address of This request for public nominations Test Site Project Offshore Newport, respective BLM Offices accepting also applies to the Steens Mountain Oregon MMAA104000 nominations. Advisory Council (SMAC) in Oregon AGENCY: Bureau of Ocean Energy FOR FURTHER INFORMATION CONTACT: established pursuant to Section 131 of the Steens Mountain Cooperative Management (BOEM), Interior. Lauren Luckey, U.S. Department of the ACTION: Notice. Interior, Bureau of Land Management, Management and Protection Act of 2000. The SMAC advises the Secretary WO–610, Public Affairs Division, 20 M SUMMARY: This notice provides BOEM’s of the Interior in managing the Steens Street SE., #6281, Washington, DC determination that there is no Mountain Cooperative Management and 20003, 202–912–7422. competitive interest in the area Protection Area. SUPPLEMENTARY INFORMATION: The requested by the Northwest National Federal Land Policy and Management The following must accompany all Marine Renewable Energy Center at Act (FLPMA) directs the Secretary of the nominations for the RACs and SMAC: Oregon State University (NNMREC– Interior to involve the public in —Letters of reference from represented OSU) to acquire an Outer Continental planning and issues related to interests or organizations; Shelf (OCS) marine hydrokinetic (MHK) management of lands administered by —A completed Resource Advisory research lease as described in the the BLM. Section 309 of FLPMA (43 Council application; and Potential Marine Hydrokinetic (MHK) U.S.C. 1739) directs the Secretary to —Any other information that addresses Research Lease on the Outer establish 10- to 15-member citizen- the nominee’s qualifications. Continental Shelf (OCS) Offshore based advisory councils that are Simultaneous with this notice, BLM Oregon, Request for Competitive Interest consistent with the Federal Advisory state offices will issue press releases (RFCI) that BOEM published on March Committee Act (FACA). As required by providing additional information for 24, 2014 (79 FR 16050). The RFCI FACA, Resource Advisory Council submitting nominations, with specifics described NNMREC–OSU’s request to (RAC) membership must be balanced about the number and categories of obtain a lease for renewable energy and representative of the various member positions available for each research activities approximately five interests concerned with the RAC in the state and the Steens nautical miles offshore Newport, Oregon management of the public lands. The Mountain Advisory Council in Oregon. and provided an opportunity for the rules governing RACs are found at 43 If you have already submitted your RAC public to submit comments about the CFR subpart 1784 and include the nomination materials for 2014 you will proposal. following three membership categories: not need to resubmit. Nominations for DATES: Effective June 20, 2014. Category One—Holders of Federal the following RACs should be sent to grazing permits and representatives of FOR FURTHER INFORMATION CONTACT: Ms. the appropriate BLM offices as noted Jean Thurston, Renewable Energy organizations associated with energy below: and mineral development, timber Specialist, BOEM, Pacific OCS Region, industry, transportation or rights-of- Montana and Dakotas Office of Strategic Resources, 770 Paseo Camarillo, Second Floor, Camarillo, way, developed outdoor recreation, off- Central Montana RAC highway vehicle use, and commercial California 93010, Phone: (805) 389– recreation; Jonathan Moor, Lewistown Field 7585. Category Two—Representatives of Office, BLM, 920 Northeast Main Street, SUPPLEMENTARY INFORMATION: nationally or regionally recognized Lewistown, Montana 59457, (406) 538– environmental organizations, 1943. Authority archaeological and historic Western Montana RAC This Determination of No Competitive organizations, dispersed recreation Interest (DNCI) is published pursuant to activities, and wild horse and burro David Abrams, Butte Field Office, subsection 8(p)(3) of the OCS Lands Act organizations; and BLM, 106 North Parkmont, Butte, (43 U.S.C. 1337(p)(3)), and the Category Three—Representatives of Montana 59701, (406) 533–7617. implementing regulations at 30 CFR Part State, county, or local elected office, Oregon/Washington 585. Subsection 8(p)(3) of the OCS employees of a State agency responsible Lands Act requires that OCS renewable for management of natural resources, Eastern Washington RAC; Southeast energy leases, easements, or rights-of- representatives of Indian tribes within Oregon RAC; Steens Mountain Advisory way (ROW) be issued ‘‘on a competitive or adjacent to the area for which the Council, Stephen Baker, Oregon State basis unless the Secretary [of the council is organized, representatives of Office, BLM, 1220 SW. 3rd Avenue, Interior] determines after public notice academia who are employed in natural Portland, Oregon 97204, (503) 808– of a proposed lease, easement, or ROW sciences, and the public-at-large. 6306. that there is no competitive interest.’’ Individuals may nominate themselves Authority: 43 CFR 1784.4–1. The Secretary delegated the authority to or others. Nominees must be residents make such determinations to BOEM. of the state in which the RAC has Dated: June 12, 2014. jurisdiction. The BLM will evaluate Steve Ellis, Determination and Next Steps nominees based on their education, Deputy Director, Operations. This DNCI provides notice to the training, experience, and knowledge of [FR Doc. 2014–14437 Filed 6–19–14; 8:45 am] public that BOEM has determined there the geographical area of the RAC. BILLING CODE 4310–84–P is no competitive interest in the

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35378 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

proposed lease area, as no indications of Sale 193 in the Chukchi Sea Planning agencies should consider their authority competitive interest were submitted in Area, Alaska. The Supplemental EIS and capacity to assume the response to the RFCI. will supplement the analysis from the responsibilities of a cooperating agency. In the RFCI, BOEM also solicited Oil and Gas Lease Sale 193 Final EIS Cooperating agency status neither public input from interested (OCS EIS/EA MMS 2007–0026) and the enlarges nor diminishes the final stakeholders regarding the proposed Oil and Gas Lease Sale 193 Final decision making authority of an agency lease area, the potential environmental Supplemental EIS (OCS EIS/EA involved in the NEPA process. BOEM consequences of MHK energy BOEMRE 2011–041) by providing an invites qualified government entities to development in the area, and multiple updated oil and gas exploration, inquire about cooperating agency status uses of the area. In response to the RFCI, development and production scenario for this Supplemental EIS. Upon BOEM received public comment and associated environmental effects request, BOEM will provide qualified submissions from six entities. BOEM analysis. The Final EIS for Oil and Gas cooperating agencies with a written will use the comments to inform Lease Sale 193 evaluated the potential summary of ground rules for subsequent decisions. After publication effects of four alternatives that included cooperating agencies, including time of this DNCI, BOEM may proceed with a proposed action, a no action schedules and critical action dates, the noncompetitive leasing process for a alternative, and two other alternatives milestones, responsibilities, and scope research lease pursuant to 30 CFR with sale area configurations that would and detail of cooperating agencies’ 585.238. defer areas from leasing along the coast contributions. Potential cooperating adjacent to the proposed sale area. The agencies should also consider the CEQ’s Map of the Area Final Supplemental EIS evaluated the ‘‘Factors for Determining Cooperating A map of the area proposed for a potential effects of exploration seismic Agency Status.’’ This document is research lease can be found at the surveying and drilling; oil development, available on the CEQ Web site at: http:// following Web site: http:// production, and transportation; and ceq.hss.doe.gov/nepa/regs/cooperating/ www.boem.gov/State-Activities-Oregon. accidental crude oil spills. The Final cooperatingagencymemofactors.html. Dated: May 30, 2014. Supplemental EIS also evaluated Even if your organization is not a potential effects of a natural gas Walter D. Cruickshank, cooperating agency, you will have an development and production scenario, Acting Director, Bureau of Ocean Energy opportunity to provide information and as well as a hypothetical Very Large Oil comments to BOEM during the Management. Spill event. The proposed action and [FR Doc. 2014–14002 Filed 6–19–14; 8:45 am] comment phase of the Supplemental EIS alternatives from the Final EIS and Final process. Additional information may be BILLING CODE 4310–MR–P Supplemental EIS will be carried found at the following Web site: http:// forward in this supplemental EIS. The www.boem.gov/Alaska-Region. Assistant Secretary will issue a new FOR FUTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR Record of Decision after evaluating this Frances Mann, Chief, Environmental Bureau of Ocean Energy Management supplemental EIS and public comments. Implementation of the Secretary’s Analysis Section II, Bureau of Ocean [MMAA104000] selection among the alternatives will Energy Management, Alaska OCS require the Secretary to either reaffirm, Region, 3801 Centerpoint Drive, Suite Notice of Intent To Prepare a modify, or vacate the leases previously 500, Anchorage, Alaska 99503–5820, Supplemental Environmental Impact sold. telephone (907) 334–5277. Statement for Outer Continental Shelf, Scoping: In accordance with 40 CFR Dated: June 9, 2014. Alaska OCS Region, Chukchi Sea 1502.9(c)(4), there will be no scoping Walter D. Cruickshank, Planning Area, Oil and Gas Lease Sale conducted for this Supplemental EIS. Acting Director, Bureau of Ocean Energy 193 The scope of the Final EIS for Sale 193 Management. and the remand by the United States AGENCY: Bureau of Ocean Energy [FR Doc. 2014–14290 Filed 6–19–14; 8:45 am] Court of Appeals for the Ninth Circuit Management (BOEM), Interior. BILLING CODE 4310–MR–P establish the scope for this ACTION: Notice of Intent (NOI) to Prepare Supplemental EIS. The Draft a Supplemental Environmental Impact Supplemental EIS will be announced for DEPARTMENT OF THE INTERIOR Statement (EIS). public review and comment: (1) In the Bureau of Ocean Energy Management SUMMARY: BOEM is giving notice of its Federal Register by BOEM and the intent to prepare a Supplemental EIS for Environmental Protection Agency; (2) [MMAA 104000] OCS Oil and Gas Lease Sale 193 in the on the BOEM Alaska OCS Region Chukchi Sea Planning Area, Alaska. homepage; and (3) in the local media. Central Planning Area Lease Sales 241 This Supplemental EIS will provide Public hearings will be held following and 247, and Eastern Planning Area new analysis in response to a remand by release of the Draft Supplemental EIS. Lease Sale 226 Dates and locations will be determined the United States Court of Appeals for and published at a later date. AGENCY: Bureau of Ocean Energy the Ninth Circuit. Cooperating Agencies: The Management (BOEM), Interior. SUPPLEMENTARY INFORMATION: Department of the Interior’s policy is to ACTION: Notice of Intent (NOI) to Prepare Authority: The NOI is published pursuant invite other Federal agencies, and state, a Supplemental Environmental Impact to the regulations (40 CFR 1508.22) tribal, and local governments to become Statement (EIS). implementing the procedural provisions of cooperating agencies during the the National Environmental Policy Act preparation of an EIS. Council on SUMMARY: Consistent with the (NEPA) of 1969, as amended (42 U.S.C. 4321 Environmental Quality (CEQ) regulations implementing the National et seq.) regulations state that qualified agencies Environmental Policy Act, as amended Purpose of Notice of Intent: BOEM is and governments are those with (42 U.S.C. 4321 et seq.) (NEPA), BOEM announcing its intent to prepare a ‘‘jurisdiction by law or special is announcing its intent to prepare a Supplemental EIS for Oil and Gas Lease expertise.’’ Potential cooperating Supplemental EIS for proposed Central

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35379

Planning Area (CPA) Lease Sales 241 focus on updating the baseline 247/EPA 226 Supplemental EIS, the and 247, and Eastern Planning Area conditions. Secretary of the Interior decides to hold (EPA) Lease Sale 226 in the Gulf of The CPA 241 and 247/EPA 226 the lease sales, then the lease sale areas Mexico (CPA 241 and 247/EPA 226 Supplemental EIS analysis will focus on identified in the final Notices of Sale Supplemental EIS). Proposed Lease Sale any new information on the potential may exclude or defer certain lease 241 is the next proposed lease sale in environmental effects of oil and natural blocks from the area offered. However, the Gulf of Mexico’s CPA off the States gas leasing, exploration, development, for purposes of the CPA 241 and 247/ of Louisiana, Mississippi, and Alabama. and production in the CPA and EPA EPA 226 Supplemental EIS and to Proposed Lease Sale 226 is the next identified through the Area adequately assess the potential impacts proposed lease sale in the Gulf of Identification procedure as the proposed of an areawide lease sale, BOEM is Mexico’s EPA off the States of Alabama lease sale areas. In addition to the no assuming that all unleased blocks may and Florida. The CPA 241 and 247/EPA action alternative (i.e., canceling a be offered in proposed CPA Lease Sale 226 Supplemental EIS will update the proposed lease sale), other alternatives 241 and EPA Lease Sale 226, and in the environmental and socioeconomic may be considered for the proposed remaining proposed CPA Lease Sale analyses in the Gulf of Mexico OCS Oil CPA and EPA lease sales, such as 247, which is tentatively scheduled to and Gas Lease Sales: 2012–2017; deferring certain areas from the be held in 2017. Western Planning Area Lease Sales 229, proposed lease sale areas. In order to ensure a greater level of 233, 238, 246, and 248; Central SUPPLEMENTARY INFORMATION: On August transparency during the Outer Planning Area Lease Sales 227, 231, 27, 2012, the Secretary of the Interior Continental Shelf Lands Act (OCSLA) 235, 241, and 247, Final Environmental approved as final the Proposed Final stages and tiered NEPA processes of the Impact Statement (OCS EIS/EA BOEM OCS Oil & Gas Leasing Program: 2012– Five-Year Program, BOEM established 2012–019) (2012–2017 WPA/CPA 2017 (Five-Year Program). The Five- an alternative and mitigation tracking Multisale EIS); Gulf of Mexico OCS Oil Year Program includes the two table, which is designed to track the and Gas Lease Sales: 2013–2014; remaining CPA lease sales (Lease Sales receipt and treatment of alternative and Western Planning Area Lease Sale 233; 241 and 247) and the remaining EPA mitigation suggestions. Section 4.3.2 of Central Planning Area Lease Sale 231, lease sale (Lease Sale 226) that will be the Five-Year Program EIS presented a Final Supplemental Environmental considered in the CPA 241 and 247/EPA list of deferral and alternative requests Impact Statement (OCS EIS/EA BOEM 226 Supplemental EIS. Proposed CPA that were received during the 2013–0118) (WPA 233/CPA 231 Lease Sale 241 and EPA Lease Sale 226 development of the Five-Year Program Supplemental EIS); and Gulf of Mexico are tentatively scheduled to be held in EIS, but they were determined to be OCS Oil and Gas Lease Sales: 2015– 2016, and proposed CPA Lease Sale 247 more appropriately considered at 2017; Central Planning Area Lease Sales is tentatively scheduled to be held in subsequent OCSLA and NEPA stages. 235, 241, and 247, Final Supplemental 2017. The proposed CPA lease sale area These deferral and alternative requests were previously addressed in the 2012– Environmental Impact Statement (OCS encompasses about 63 million acres of 2017 WPA/CPA Multisale, EPA 225/226 EIS/EA BOEM 2014–010) (CPA 235, the total CPA area of 66.45 million acres EIS, and other supplemental EIS 241, and 247 Supplemental EIS). The (excluding whole and partial blocks documents for these planning areas and 2012–2017 WPA/CPA Multisale EIS was deferred by the Gulf of Mexico Energy were deemed inappropriate for further completed in July 2012. The WPA 233/ Security Act of 2006 and blocks that are analysis at the time. In this and future CPA 231 Supplemental EIS was adjacent to or beyond the United States’ NEPA analyses, BOEM will continue to completed in April 2013. The CPA 235, Exclusive Economic Zone in the area evaluate whether these or other deferral 241, and 247 Final Supplemental EIS known as the northern portion of the or alternative requests warrant was completed in March 2014. The CPA Eastern Gap). The proposed EPA lease additional consideration as appropriate. 241 and 247/EPA 226 Supplemental EIS sale area covers approximately 657,905 acres and includes those blocks A key principle at each stage in the will also update the environmental and previously included in the EPA Lease NEPA process is to identify how the socioeconomic analyses in the Outer Sales 224 and 225 Area and a triangular- recommendations for deferral and Continental Shelf Oil and Gas Leasing shaped area south of this area bordered mitigation requests are being addressed Program: 2012–2017; Final by the CPA boundary on the west and and whether new information or Programmatic Environmental Impact the Military Mission Line (86°41′ W. circumstances favor new or different Statement (OCS EIS/EA BOEM 2012– longitude) on the east. The area is south analytical approaches in response to 030) (Five-Year Program EIS) and Gulf of eastern Alabama and western Florida; these requests. of Mexico OCS Oil and Gas Lease Sales: the nearest point of land is 125 miles Scoping Process: This NOI also serves 2014 and 2016; Eastern Planning Area (201 kilometers) northwest in Louisiana. to announce the scoping process for Lease Sales 225 and 226, Final This Federal Register notice is not an identifying issues for the CPA 241 and Environmental Impact Statement (OCS announcement to hold a proposed lease 247/EPA 226 Supplemental EIS. EIS/EA BOEM 2013–200) (EPA 225/226 sale, but it is a continuation of Throughout the scoping process, EIS). The Five-Year Program EIS was information gathering and is published Federal, State, Tribal, and local completed in July 2012. The EPA 225/ early in the environmental review governments and the general public 226 EIS was completed in October 2013. process in furtherance of the goals of have the opportunity to help BOEM A Supplemental EIS is deemed NEPA. The comments received during determine significant resources and appropriate to supplement the NEPA the scoping comment period will help issues, impacting factors, reasonable documents cited above for the proposed form the content of the CPA 241 and alternatives, and potential mitigation lease sales in order to consider new 247/EPA 226 Supplemental EIS and will measures to be analyzed in the CPA 241 circumstances and information arising be summarized in presale and 247/EPA 226 Supplemental EIS. from, among other things, the documentation prepared during the BOEM will also use the NEPA Deepwater Horizon explosion, oil spill, decisionmaking process for CPA Lease commenting process to initiate the and response. The CPA 241 and 247/ Sale 241 and EPA Lease Sale 226. If, Section 106 consultation process of the EPA 226 Supplemental EIS analysis will after completion of the CPA 241 and National Historic Preservation Act (16

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35380 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

U.S.C. 470f), as provided for in 36 CFR agency involved in the NEPA process. Outer Continental Shelf; Central 800.2(d)(3). Upon request, BOEM will provide Planning Area Lease Sales 241 and 247/ Pursuant to the regulations potential cooperating agencies with a Eastern Planning Area Lease Sale 226’’. implementing the procedural provisions written summary of ground rules for (Note: It is important to include the of NEPA, BOEM will hold public cooperating agencies, including time quotation marks in your search terms.) scoping meetings in Louisiana, schedules and critical action dates, Click on the ‘‘Comment Now!’’ button to Mississippi, Alabama, and Florida on milestones, responsibilities, scope and the right of the document link. Enter the CPA 241 and 247/EPA 226 detail of cooperating agencies’ your information and comment, then Supplemental EIS. The purpose of these contributions, and availability of click ‘‘Submit’’; or meetings is to solicit comments on the predecisional information. BOEM scope of the CPA 241 and 247/EPA 226 anticipates this summary will form the 3. BOEM’s email address: cpa241- Supplemental EIS. BOEM’s scoping basis for a Memorandum of Agreement [email protected]. meetings will be held at the following between BOEM and any cooperating Petitions, although accepted, do not places and times: agency. Agencies should also consider generally provide useful information to • Panama City, Florida: Tuesday, July 8, the ‘‘Factors for Determining assist in the development of Cooperating Agency Status’’ in 2014, Hilton Garden Inn Panama City, alternatives, resources, and issues to be Attachment 1 to CEQ’s January 30, 2002, 1101 U.S. Highway 231, Panama City, analyzed, or impacting factors. BOEM Memorandum for the Heads of Federal Florida, 32405, two meetings, the first does not consider anonymous beginning at 1:00 p.m. CDT and the Agencies: Cooperating Agencies in Implementing the Procedural comments; please include your name second beginning at 6:00 p.m. CDT; and address as part of your submittal. • Mobile, Alabama: Wednesday, July 9, Requirements of the National Environmental Policy Act. These BOEM makes all comments, including 2014, Hilton Garden Inn Mobile West, the names and addresses of 828 West I–65 Service Road South, documents are available at the following respondents, available for public review Mobile, Alabama 36609, two locations on the Internet: http:// during regular business hours. meetings, the first beginning at 1:00 ceq.hss.doe.gov/nepa/regs/cooperating/ p.m. CDT and the second beginning at cooperatingagenciesmemorandum.html; Individual respondents may request that 6:00 p.m. CDT; and http://ceq.hss.doe.gov/nepa/regs/ BOEM withhold their names and/or • Gulfport, Mississippi: Thursday, July cooperating/ addresses from the public record; 10, 2014, Courtyard Marriott, Gulfport cooperatingagencymemofactors.html. however, BOEM cannot guarantee that Beachfront, 1600 East Beach BOEM, as the lead agency, will not we will be able to do so. If you wish provide financial assistance to Boulevard, Gulfport, Mississippi your name and/or address to be cooperating agencies. Even if an 39501, two meetings, the first withheld, you must state your organization is not a cooperating beginning at 1:00 p.m. CDT and the preference prominently at the beginning agency, opportunities will exist to second beginning at 6:00 p.m. CDT; of your comment. All submissions from provide information and comments to • New Orleans, Louisiana: Monday, organizations or businesses and from BOEM during the normal public input July 14, 2014, Bureau of Ocean Energy individuals identifying themselves as stages of the NEPA/EIS process. For Management, Gulf of Mexico OCS representatives or officials of further information about cooperating Region, 1201 Elmwood Park agencies, please contact Mr. Gary D. organizations or businesses will be Boulevard, New Orleans, Louisiana Goeke at 504–736–3233. made available for public inspection in 70123, one meeting beginning at 1:00 Comments: All interested parties, their entirety. p.m. CDT; and • including Federal, State, Tribal, and DATES: Comments should be submitted Larose, Louisiana: Monday, July 14, local governments, and other interested 2014, Larose Regional Park and Civic by July 21, 2014 to the address specified parties, may submit written comments above. Center, 307 E 5th Street, Larose, on the scope of the CPA 241 and 247/ Louisiana 70373, one meeting EPA 226 Supplemental EIS, significant FOR FURTHER INFORMATION CONTACT: For beginning at 6:00 p.m. CDT. issues that should be addressed, information on the CPA 241 and 247/ Cooperating Agency: BOEM invites alternatives that should be considered, EPA 226 Supplemental EIS, the other Federal, State, Tribal, and local potential mitigation measures, and the submission of comments, or BOEM’s governments to consider becoming types of oil and gas activities of interest policies associated with this notice, cooperating agencies in the preparation in the proposed CPA 241 and 247/EPA please contact Mr. Gary D. Goeke, Chief, of the CPA 241 and 247/EPA 226 226 lease sale areas. Environmental Assessment Section, Supplemental EIS. We invite qualified Written scoping comments may be Office of Environment (GM 623E), government entities to inquire about submitted in one of the following ways: Bureau of Ocean Energy Management, cooperating agency status for the CPA 1. In an envelope labeled ‘‘Scoping Gulf of Mexico OCS Region, 1201 241 and 247/EPA 226 Supplemental Comments for the CPA 241 and 247/ Elmwood Park Boulevard, New Orleans, EIS. Following the guidelines from the EPA 226 Supplemental EIS’’ and mailed Louisiana 70123–2394, telephone 504– Council on Environmental Quality (or hand delivered) to Mr. Gary D. 736–3233. (CEQ), qualified agencies and Goeke, Chief, Environmental governments are those with Assessment Section, Office of Authority: This NOI is published pursuant ‘‘jurisdiction by law or special Environment (GM 623E), Bureau of to the regulations (40 CFR 1501.7) expertise.’’ Potential cooperating Ocean Energy Management, Gulf of implementing the provisions of NEPA. agencies should consider their authority Mexico OCS Region, 1201 Elmwood Dated: May 30, 2014. and capacity to assume the Park Boulevard, New Orleans, Louisiana Walter D. Cruickshank, responsibilities of a cooperating agency, 70123–2394; and remember that an agency’s role in 2. Through the regulations.gov web Acting Director, Bureau of Ocean Energy the environmental analysis neither portal: Navigate to http:// Management. enlarges nor diminishes the final www.regulations.gov and search for ‘‘Oil [FR Doc. 2014–14104 Filed 6–19–14; 8:45 am] decisionmaking authority of any other and Gas Lease Sales: Gulf of Mexico, BILLING CODE 4310–MR–P

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00071 Fmt 4703 Sfmt 9990 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35381

INTERNATIONAL TRADE notice in the Federal Register on States International Trade Commission, COMMISSION December 18, 2013 (78 FR 76653). The 500 E Street SW., Washington, DC hearing was held in Washington, DC, on 20436. The public record for this [Investigation Nos. 701–TA–417 and 731– TA–953, 957–959, 961, and 962 (Second April 22, 2014, and all persons who investigation may be viewed on the Review)] requested the opportunity were Commission’s electronic docket (EDIS) permitted to appear in person or by at http://www.usitc.gov/secretary/ Carbon and Certain Alloy Steel Wire counsel. edis.htm. Rod From Brazil, Indonesia, Mexico, The Commission completed and filed FOR FURTHER INFORMATION CONTACT: Moldova, Trinidad and Tobago, and its determinations in these reviews on Ukraine June 16, 2014. The views of the Project leader John Giamalva (202–205– Commission are contained in USITC 3329 or [email protected]) or Determinations Publication 4472 (June 2014), entitled deputy project leader Marin Weaver On the basis of the record 1 developed Carbon and Certain Alloy Steel Wire (202–205–3461 or marin.weaver@ in the subject five-year reviews, the Rod from Brazil, Indonesia, Mexico, usitc.gov) for information specific to this United States International Trade Moldova, Trinidad and Tobago, and investigation. For information on the Commission (‘‘Commission’’) Ukraine: Investigation Nos. 701–TA–417 legal aspects of this investigation, determines, pursuant to section 751(c) and 731–TA–953, 957–959, 961, and contact William Gearhart of the of the Tariff Act of 1930 (19 U.S.C. 962 (Second Review). Commission’s Office of the General 1675(c)), that revocation of the Counsel (202–205–3091 or By order of the Commission. [email protected]). The media countervailing duty order on carbon and Issued: June 16, 2014. certain alloy steel wire rod (‘‘wire rod’’) should contact Margaret O’Laughlin, Lisa R. Barton, from Brazil and the antidumping duty Office of External Relations (202–205– orders on wire rod from Brazil, Secretary to the Commission. 1819 or [email protected]). Indonesia, Mexico, Moldova, and [FR Doc. 2014–14422 Filed 6–19–14; 8:45 am] Hearing-impaired individuals may Trinidad and Tobago would be likely to BILLING CODE 7020–02–P obtain information on this matter by lead to continuation or recurrence of contacting the Commission’s TDD material injury to an industry in the terminal at 202–205–1810. General United States within a reasonably INTERNATIONAL TRADE information concerning the Commission foreseeable time. The Commission also COMMISSION may also be obtained by accessing its Internet server (http://www.usitc.gov). determines, pursuant to section 751(c) [Investigation No. 332–549] of the Tariff Act of 1930 (19 U.S.C. Persons with mobility impairments who 1675(c)), that revocation of the Rice: Global Competitiveness of the will need special assistance in gaining antidumping duty order on wire rod U.S. Industry access to the Commission should from Ukraine would not be likely to contact the Office of the Secretary at AGENCY: United States International 202–205–2000. lead to continuation or recurrence of Trade Commission. material injury to an industry in the Background: As requested by the ACTION: United States within a reasonably Institution of investigation and Committee, the Commission will foreseeable time.2 scheduling of hearing. conduct an investigation and prepare a report on the factors affecting the global SUMMARY: Following receipt on May 15, Background competitiveness of the U.S. rice 2014, of a request from the Committee industry. As requested and to the extent The Commission instituted these on Ways and Means (Committee) of the that information is publicly available, reviews on June 3, 2013 (78 FR 33103) House of Representatives under section the report will include the following: and determined on September 6, 2013 332(g) of the Tariff Act of 1930 (19 that it would conduct full reviews (78 U.S.C. 1332(g)), the U.S. International 1. An overview of the rice industry in FR 60316, October 1, 2013). Notice of Trade Commission (Commission) the United States and other major global the scheduling of the Commission’s instituted investigation No. 332–549, producing and exporting countries reviews and of a public hearing to be Rice: Global Competitiveness of the U.S. (such as China, India, Indonesia, held in connection therewith was given Industry. Thailand, Vietnam, Uruguay, and by posting copies of the notice in the Brazil), including production of rice, Office of the Secretary, U.S. DATES: August 26, 2014: Deadline for filing processing volumes, processing International Trade Commission, capacity, carry-over inventory, and Washington, DC, and by publishing the requests to appear at the public hearing. consumption; September 2, 2014: Deadline for filing 2. Information on recent trade trends 1 The record is defined in sec. 207.2(f) of the and developments in the global market Commission’s Rules of Practice and Procedure (19 prehearing briefs and statements. CFR 207.2(f)). September 10, 2014: Public hearing. for rice, including U.S. and major 2 Chairman Irving A. Williamson and September 17, 2014: Deadline for filing foreign supplier imports and exports; Commissioner David S. Johanson dissented with posthearing briefs and statements. 3. A comparison of the competitive respect to subject imports from Ukraine, finding December 9, 2014: Deadline for filing all that revocation of the antidumping duty order on strengths and weaknesses of rice wire rod from Ukraine would be likely to lead to other written submissions. production and exports in the United continuation or recurrence of material injury to an April 14, 2015: Transmittal of States and other major exporting industry in the United States within a reasonably Commission report to the Committee. countries, including such factors as foreseeable time. Commissioner David S. Johanson ADDRESSES: also dissented with respect to subject imports from All Commission offices, producer revenue and costs of Mexico, finding that revocation of the antidumping including the Commission’s hearing production, industry structure, input duty order on wire rod from Mexico would not be rooms, are located in the United States prices and availability, processing likely to lead to continuation or recurrence of International Trade Commission technology, product innovation, material injury to an industry in the United States within a reasonably foreseeable time. Commissioner Building, 500 E Street SW., Washington, exchange rates, pricing, and market Rhonda K. Schmidtlein did not participate in these DC. All written submissions should be regimes, as well as government policies reviews. addressed to the Secretary, United and programs that directly or indirectly

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35382 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

affect rice production and exporting in than 5:15 p.m., December 9, 2014. All INTERNATIONAL TRADE these countries; written submissions must conform with COMMISSION 4. A qualitative and, to the extent the provisions of section 201.8 of the [Investigation No. 337–TA–750] possible, quantitative assessment of the Commission’s Rules of Practice and impact of government policies and Procedure (19 CFR 201.8). Section 201.8 Certain Mobile Devices, and Related programs of major producing and and the Commission’s Handbook on Software Thereof; Commission exporting countries on their rice Filing Procedures require that interested Determination Not To Review an Initial production, exports, consumption, and parties file documents electronically on Determination Granting Joint Motion domestic prices, as well as on rice or before the filing deadline and submit To Terminate the Remand prices globally; and eight (8) true paper copies by 12:00 p.m. Investigation Based on a Settlement 5. an overview of the impact on the eastern time on the next business day. Agreement; Termination of Remand U.S. rice industry of exports from the In the event that confidential treatment Investigation highlighted countries of rice to the of a document is requested, interested United States and to traditional export AGENCY: U.S. International Trade parties must file, at the same time as the markets of the United States such as, but Commission. eight paper copies, at least four (4) not limited to, Mexico, Haiti, and West ACTION: Notice. Africa. additional true paper copies in which the confidential information must be SUMMARY: Notice is hereby given that The Committee asked that the report deleted (see the following paragraph for the U.S. International Trade focus primarily on the period 2009– further information regarding Commission has determined not to 2013 and that the Commission deliver review the initial determination (‘‘ID’’) its report no later than 11 months confidential business information). of the presiding Administrative Law following the receipt of this request. The Persons with questions regarding Judge, granting the joint motion of Committee also stated that it intends to electronic filing should contact the complainant Apple Inc., f/k/a Apple make the Commission’s report public Secretary (202–205–2000). Computer, Inc., of Cupertino, California and asked that the report not include Any submissions that contain (‘‘Apple’’) and respondent Motorola any confidential business information. confidential business information must Mobility, Inc. (‘‘Motorola’’) of Public Hearing: The Commission will also conform with the requirements of Libertyville, Illinois to terminate the hold a public hearing in connection section 201.6 of the Commission’s Rules investigation based on a settlement with this investigation at the U.S. of Practice and Procedure (19 CFR agreement. International Trade Commission 201.6). Section 201.6 of the rules Building, 500 E Street SW., Washington, requires that the cover of the document FOR FURTHER INFORMATION CONTACT: DC, beginning at 9:30 a.m. on and the individual pages be clearly Megan M. Valentine, Office of the General Counsel, U.S. International Wednesday, September 10, 2014. marked as to whether they are the Trade Commission, 500 E Street SW., Requests to appear at the public hearing ‘‘confidential’’ or ‘‘nonconfidential’’ should be filed with the Secretary not Washington, DC 20436, telephone (202) version, and that the confidential 708–2301. Copies of non-confidential later than 5:15 p.m., August 26, 2014, in business information be clearly accordance with the requirements in the documents filed in connection with this identified by means of brackets. All ‘‘Submissions’’ section below. All investigation are or will be available for written submissions, except for prehearing briefs and statements should inspection during official business be filed with the Secretary not later than confidential business information, will hours (8:45 a.m. to 5:15 p.m.) in the 5:15 p.m., September 2, 2014; and all be made available for inspection by Office of the Secretary, U.S. posthearing briefs and statements interested parties. International Trade Commission, 500 E responding to matters raised at the In the request letter, the Committee Street SW., Washington, DC 20436, hearing should be filed with the stated that it intends to make the telephone (202) 205–2000. General Secretary not later than 5:15 p.m., Commission’s report available to the information concerning the Commission September 17, 2014. All hearing-related public in its entirety, and asked that the may also be obtained by accessing its briefs and statements should be filed in Commission not include any Internet server at http://www.usitc.gov. accordance with the requirements for confidential business information in the The public record for this investigation filing written submissions set out below. report it sends to the Committee. Any may be viewed on the Commission’s In the event that, as of the close of confidential business information electronic docket (EDIS) at http:// business on August 26, 2014, no received by the Commission in this edis.usitc.gov. Hearing-impaired persons are advised that information on witnesses are scheduled to appear at the investigation and used in preparing this this matter can be obtained by hearing, the hearing will be canceled. report will not be published in a manner contacting the Commission’s TDD Any person interested in attending the that would reveal the operations of the hearing as an observer or nonparticipant terminal on (202) 205–1810. firm supplying the information. may call the Office of the Secretary SUPPLEMENTARY INFORMATION: The (202–205–2000) after August 26, 2014, By order of the Commission. Commission instituted this investigation for information concerning whether the Issued: June 17, 2014. on November 30, 2010, based on a hearing will be held. Lisa R. Barton, complaint filed by Apple. 75 FR 74081– Written Submissions: In lieu of, or in Secretary to the Commission. 82 (Nov. 30, 2010). The complaint addition to, participating in the hearing, alleges violations of section 337 of the [FR Doc. 2014–14455 Filed 6–19–14; 8:45 am] interested parties are invited to file Tariff Act of 1930, as amended, 19 written submissions concerning this BILLING CODE 7020–02–P U.S.C. 1337 (‘‘section 337’’), in the investigation. All written submissions importation into the United States, the should be addressed to the Secretary, sale for importation, and the sale within and all such submissions (other than the United States after importation of prehearing and posthearing briefs and certain mobile devices and related statements) should be received not later software by reason of infringement of

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35383

certain claims of U.S. Patent Nos. The Commission has determined not International Trade Commission, 500 E 7,812,828 (‘‘the ’828 Patent’’); 7,663,607 to review the subject ID. Street SW., Washington, DC 20436, (‘‘the ’607 Patent’’); and 5,379,430. The The authority for the Commission’s telephone (202) 205–2000. General Commission’s notice of investigation determination is contained in section information concerning the Commission named Motorola, Inc. n/k/a Motorola 337 of the Tariff Act of 1930, as may also be obtained by accessing its Solutions of Schaumburg, Illinois amended (19 U.S.C. 1337), and in Part Internet server at http://www.usitc.gov. (‘‘Motorola Solutions’’) and Motorola as 210 of the Commission’s Rules of The public record for this investigation respondents. The Office of Unfair Practice and Procedure (19 CFR part may be viewed on the Commission’s Import Investigation was named as a 210). electronic docket (EDIS) at http:// participating party. The Commission By order of the Commission. edis.usitc.gov. Hearing-impaired subsequently terminated Motorola Issued: June 16, 2014. persons are advised that information on Solutions as a respondent based on Lisa R. Barton, this matter can be obtained by withdrawal of allegations pursuant to Secretary to the Commission. contacting the Commission’s TDD Commission Rule 210.21(a)(1) (19 CFR terminal on (202) 205–1810. [FR Doc. 2014–14406 Filed 6–19–14; 8:45 am] 210.21(a)(1)). Notice (Aug. 31, 2011). SUPPLEMENTARY INFORMATION: Section On January 13, 2012, the ALJ issued BILLING CODE 7020–02–P 337 of the Tariff Act of 1930 provides his final ID, finding no violation of that if the Commission finds a violation section 337. On March 16, 2012, the INTERNATIONAL TRADE it shall exclude the articles concerned Commission issued a notice, from the United States: determining to review the ID in part, COMMISSION unless, after considering the effect of such and on review, to affirm the ALJ’s [Investigation No. 337–TA–868] determination of no violation and to exclusion upon the public health and terminate the investigation. 77 FR Certain Wireless Devices With 3G and/ welfare, competitive conditions in the United States economy, the production of like or 16860–62 (Mar. 22, 2012). On April 13, or 4G Capabilities and Components directly competitive articles in the United 2012, Apple timely appealed the Thereof; Request for Statements on States, and United States consumers, it finds Commission’s final determination of no the Public Interest that such articles should not be excluded violation of section 337 as to the ’607 from entry. and ’828 patents to the United States AGENCY: U.S. International Trade Court of Appeals for the Federal Circuit. Commission. 19 U.S.C. 1337(d)(1). A similar On August 7, 2013, the Federal Circuit ACTION: Notice. provision applies to cease and desist affirmed-in-part, reversed-in-part, and orders. 19 U.S.C. 1337(f)(1). SUMMARY: Notice is hereby given that vacated-in-part the Commission’s The Commission is interested in the presiding administrative law judge decision and remanded for further further development of the record on has issued a Final Initial Determination proceedings. Apple, Inc. v. Int’l Trade the public interest in these on Violation of Section 337 and Comm’n., 725 F.3d 1356 (Fed. Cir. investigations. Accordingly, members of Recommended Determination on 2013). On September 6, 2013, intervenor the public are invited to file Remedy and Bond in the above- Motorola filed a combined petition for submissions of no more than five (5) captioned investigation. The panel rehearing and rehearing en banc pages, inclusive of attachments, Commission is soliciting comments concerning the panel’s holding that the concerning the public interest in light of from the public on public interest issues Commission failed to consider the administrative law judge’s raised by the recommended relief, secondary considerations in finding Recommended Determination on claim 10 of the ’607 patent invalid for specifically that if the Commission were Remedy and Bond issued in this obviousness. On November 8, 2013, the to find a violation of section 337, 19 investigation on June 13, 2014. Court denied the petition. The mandate U.S.C. 1337, that the Commission issue Comments should address whether issued on November 15, 2013, returning limited exclusion orders directed to the issuance of a limited exclusion order jurisdiction to the Commission. Nokia and ZTE respondents and cease and/or cease and desist orders in this On May 6, 2014, the Commission and desist orders directed to the Nokia investigation would affect the public issued a Notice and Order remanding respondents. The ALJ recommended health and welfare in the United States, the investigation for an ALJ to make that implementation of any limited competitive conditions in the United certain findings concerning exclusion order be delayed by six States economy, the production of like infringement, validity, and domestic months. The ALJ rejected the or directly competitive articles in the industry with respect to the ’607 and respondents’ arguments that the public United States, or United States ’828 patents. 79 FR 26993–95 (May 12, interest stands in the way of relief for consumers. 2014). the complainants. This notice is In particular, the Commission is On May 22, 2014, Apple and Motorola soliciting public interest comments from interested in comments that: filed a joint motion to terminate the the public only. Parties are to file public (i) Explain how the articles remand investigation based on a interest submissions pursuant to 19 CFR potentially subject to the recommended settlement agreement reached between 210.50(a)(4). orders are used in the United States; Apple and Motorola’s parent company, FOR FURTHER INFORMATION CONTACT: (ii) identify any public health, safety, Google Inc. On May 27, 2014, the Sidney A. Rosenzweig, Office of the or welfare concerns in the United States Commission investigative attorney filed General Counsel, U.S. International relating to the recommended orders; a response not opposing the Trade Commission, 500 E Street SW., (iii) identify like or directly termination. Washington, DC 20436, telephone (202) competitive articles that complainant, On May 28, 2014, the ALJ issued the 708–2532. Copies of non-confidential its licensees, or third parties make in the subject ID, granting the joint motion for documents filed in connection with this United States which could replace the termination pursuant to section investigation are or will be available for subject articles if they were to be 210.21(b) of the Commission’s Rules of inspection during official business excluded; Practice and Procedure. No petitions for hours (8:45 a.m. to 5:15 p.m.) in the (iv) indicate whether complainant, review were filed. Office of the Secretary, U.S. complainant’s licensees, and/or third

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35384 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

party suppliers have the capacity to DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: This ICR replace the volume of articles seeks to extend PRA authority for the potentially subject to the recommended Office of the Secretary Suspension of Pension Benefits orders within a commercially Pursuant to Regulations 29 CFR Agency Information Collection reasonable time; and 2530.203–3 information collection Activities; Submission for OMB (v) explain how the limited exclusion requirements. Employee Retirement Review; Comment Request; Income Security Act (ERISA) section order and/or cease and desist orders Suspension of Pension Benefits 203(a)(3)(B), 29 U.S.C. 1103(a)(3)(B), would impact consumers in the United and its implementing regulations govern States. ACTION: Notice. the circumstances under which a Written submissions must be filed no SUMMARY: The Department of Labor pension plan may suspend pension later than by close of business on (DOL) is submitting the Employee benefit payments to a retiree who Monday, July 7, 2014. Benefits Security Administration returns to work or of a participant who (EBSA) sponsored information continues to work beyond normal By order of the Commission. collection request (ICR) concerning retirement age. In order for a plan to Issued: June 16, 2014. suspension of pension benefits to the suspend benefits, it must notify the Lisa R. Barton, Office of Management and Budget affected retiree or participant during the Secretary to the Commission. (OMB) for review and approval for first calendar month or payroll period in [FR Doc. 2014–14411 Filed 6–19–14; 8:45 am] continued use, without change, in which the plan withholds payment that accordance with the Paperwork BILLING CODE 7020–02–P benefits are suspended. The notice must Reduction Act of 1995 (PRA), 44 U.S.C. include the specific reasons for such 3501 et seq. Public comments on the suspension, a general description of the UNITED STATES INTERNATIONAL ICR are invited. plan provisions authorizing the TRADE COMMISSION DATES: The OMB will consider all suspension, a copy of the relevant plan written comments that agency receives provisions, and a statement indicating on or before July 21, 2014. where the applicable regulations may be [USITC SE–14–022] ADDRESSES: A copy of this ICR with found, i.e., 29 CFR 2530.203–3. The Government In The Sunshine Act applicable supporting documentation; suspension notification must also Meeting Notice including a description of the likely inform the retiree or participant of the respondents, proposed frequency of plan’s procedure for affording a review response, and estimated total burden of the suspension of benefits. ERISA AGENCY HOLDING THE MEETING: United may be obtained free of charge from the section 203 authorizes this information States International Trade Commission. RegInfo.gov Web site at http:// collection. See 29 U.S.C. 1103. TIME AND DATE: June 27, 2014 at 11:00 www.reginfo.gov/public/do/ This information collection is subject a.m. PRAViewICR?ref_nbr=201405-1210-001 to the PRA. A Federal agency generally (this link will only become active on the cannot conduct or sponsor a collection PLACE: Room 101, 500 E Street SW., day following publication of this notice) of information, and the public is Washington, DC 20436, Telephone: or by contacting Michel Smyth by generally not required to respond to an (202) 205–2000. telephone at 202–693–4129, TTY 202– information collection, unless it is STATUS: Open to the public. 693–8064, (these are not toll-free approved by the OMB under the PRA numbers) or by email at DOL_PRA_ and displays a currently valid OMB MATTERS TO BE CONSIDERED: [email protected]. Control Number. In addition, 1. Agendas for future meetings: None Submit comments about this request notwithstanding any other provisions of by mail or courier to the Office of 2. Minutes law, no person shall generally be subject Information and Regulatory Affairs, to penalty for failing to comply with a 3. Ratification List Attn: OMB Desk Officer for DOL–EBSA, collection of information that does not 4. Vote in Inv. Nos. 701–TA–415 and Office of Management and Budget, display a valid Control Number. See 5 731–TA–933–934 (Second Review) Room 10235, 725 17th Street NW., CFR 1320.5(a) and 1320.6. The DOL (Polyethylene Terephthalate (PET) Washington, DC 20503; by Fax: 202– obtains OMB approval for this Film from India and Taiwan). The 395–6881 (this is not a toll-free information collection under Control _ Commission is currently scheduled number); or by email: OIRA Number 1210–0048. to complete and file its [email protected]. Commenters OMB authorization for an ICR cannot determinations and views of the are encouraged, but not required, to be for more than three (3) years without Commission on July 11, 2014. send a courtesy copy of any comments renewal, and the current approval for by mail or courier to the U.S. 5. Outstanding action jackets: None this collection is scheduled to expire on Department of Labor—OASAM, Office June 30, 2014. The DOL seeks to extend In accordance with Commission of the Chief Information Officer, Attn: PRA authorization for this information policy, subject matter listed above, not Departmental Information Compliance collection for three (3) more years, disposed of at the scheduled meeting, Management Program, Room N1301, without any change to existing may be carried over to the agenda of the 200 Constitution Avenue NW., requirements. The DOL notes that following meeting. Washington, DC 20210; or by email: existing information collection [email protected]. By order of the Commission. requirements submitted to the OMB FOR FURTHER INFORMATION CONTACT: Issued: June 17, 2014. receive a month-to-month extension Michel Smyth by telephone at 202–693– while they undergo review. For Jennifer D. Rohrbach, 4129, TTY 202–693–8064, (these are not additional substantive information _ Supervisory Attorney. toll-free numbers) or by email at DOL about this ICR, see the related notice _ [FR Doc. 2014–14557 Filed 6–18–14; 11:15 am] PRA [email protected]. published in the Federal Register on BILLING CODE 7020–02–P Authority: 44 U.S.C. 3507(a)(1)(D). November 29, 2013 (78 FR 71668).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35385

Interested parties are encouraged to request to the Office of Management and licenses to the Department of Energy to send comments to the OMB, Office of Budget (OMB) and solicitation of public receive, transfer, package, and possess Information and Regulatory Affairs at comment. power reactor spent fuel and high-level the address shown in the ADDRESSES radioactive waste, and other associated section within 30 days of publication of SUMMARY: The NRC invites public radioactive materials in an MRS. The this notice in the Federal Register. In comment about our intention to request information in the applications, reports, order to help ensure appropriate the OMB’s approval for renewal of an and records is used by NRC to make consideration, comments should existing information collection that is licensing and other regulatory mention OMB Control Number 1210– summarized below. We are required to determinations. publish this notice in the Federal 0048. The OMB is particularly Submit, by August 19, 2014, Register under the provisions of the interested in comments that: comments that address the following Paperwork Reduction Act of 1995 (44 • Evaluate whether the proposed questions: U.S.C. Chapter 35). collection of information is necessary 1. Is the proposed collection of for the proper performance of the Information pertaining to the requirement to be submitted: information necessary for the NRC to functions of the agency, including properly perform its functions? Does the whether the information will have 1. The title of the information collection: 10 CFR Part 72, ‘‘Licensing information have practical utility? practical utility; 2. Is the burden estimate accurate? • Evaluate the accuracy of the Requirements for the Independent agency’s estimate of the burden of the Storage of Spent Nuclear Fuel, High- 3. Is there a way to enhance the proposed collection of information, Level Radioactive Waste and Reactor- quality, utility, and clarity of the including the validity of the Related Greater than Class C Waste.’’ information to be collected? methodology and assumptions used; 2. Current OMB approval number: 4. How can the burden of the • Enhance the quality, utility, and 3150–0132. information collection be minimized, clarity of the information to be 3. How often the collection is including the use of automated collected; and required: Required reports are collected collection techniques or other forms of • Minimize the burden of the and evaluated on a continuing basis as information technology? collection of information on those who events occur; submittal of reports varies The public may examine and have are to respond, including through the from less than one per year under some copied for a fee publicly-available use of appropriate automated, rule sections to up to an average of documents, including the draft electronic, mechanical, or other about 80 per year under other rule supporting statement, at the NRC’s technological collection techniques or sections. Applications for new licenses, Public Document Room, Room O–1F21, other forms of information technology, certificates of compliance (CoCs), and One White Flint North, 11555 Rockville e.g., permitting electronic submission of amendments may be submitted at Pike, Rockville, Maryland 20852. The responses. anytime; applications for renewal of OMB clearance requests are available at Agency: DOL–EBSA. licenses are required every 40 years for the NRC’s Web site: http://www.nrc.gov/ Title of Collection: Suspension of an Independent Spent Fuel Storage public-involve/doc-comment/omb. The Pension Benefits Pursuant to Installation (ISFSI) or CoC effective May document will be available on the NRC Regulations 29 CFR 2530.203–3. 21, 2011, and every 40 years for a home page site for 60 days after the OMB Control Number: 1210–0048. Monitored Retrievable Storage (MRS) signature date of this notice. Affected Public: Private Sector— facility. Comments submitted in writing or in 4. Who is required or asked to report: Businesses or other for-profits. electronic form will be made available Certificate holders and applicants for a Total Estimated Number of for public inspection. Because your CoC for spent fuel storage casks; Respondents: 39,500. comments will not be edited to remove licensees and applicants for a license to Total Estimated Number of any identifying or contact information, possess power reactor spent fuel and Responses: 171,000. the NRC cautions you against including other radioactive materials associated Total Estimated Annual Time Burden: any information in your submission that with spent fuel storage in an ISFSI; and 133,000 hours. you do not want to be publicly the Department of Energy for licenses to Total Estimated Annual Other Costs disclosed. Comments submitted should receive, transfer, package and possess Burden: $63,000. reference Docket No. NRC–2014–0104. power reactor spent fuel, high-level Dated: June 13, 2014. You may submit your comments by any waste, and other radioactive materials Michel Smyth, of the following methods: Electronic associated with spent fuel and high- comments go to: http:// Departmental Clearance Officer. level waste storage in an MRS. [FR Doc. 2014–14418 Filed 6–19–14; 8:45 am] 5. The number of annual respondents: www.regulations.gov and search for Docket No. NRC–2014–0104. Mail BILLING CODE 4510–29–P 76. 6. The number of hours needed comments to the Acting NRC Clearance annually to complete the requirement or Officer, Kristen Benney (T–5 F50), U.S. NUCLEAR REGULATORY request: 69,065.7 hours (27,630.7 Nuclear Regulatory Commission, COMMISSION reporting + 38,683.0 recordkeeping + Washington, DC 20555–0001. Questions about the information [Docket No. NRC–2014–0104] 2,752.0 third party disclosure). 7. Abstract: Part 72 of Title 10 of the collection requirements may be directed to the Acting NRC Clearance Officer, Agency Information Collection Code of Federal Regulations (10 CFR), Kristen Benney (T–5 F50), U.S. Nuclear Activities: Proposed Collection; establishes mandatory requirements, Regulatory Commission, Washington, Comment Request procedures, and criteria for the issuance of licenses to receive, transfer, and DC 20555–0001; telephone: 301–415– AGENCY: Nuclear Regulatory possess power reactor spent fuel and 6355, or by email to: Commission. other radioactive materials associated [email protected]. ACTION: Notice of pending NRC action to with spent fuel storage in an ISFSI, as Dated at Rockville, Maryland, this 16th day submit an information collection well as requirements for the issuance of of June, 2014.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35386 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

For the Nuclear Regulatory Commission. alternatives, general assumptions from For the Nuclear Regulatory Commission. Kristen Benney, proprietary documents being made Kristen Benney, Acting NRC Clearance Officer, Office of public and plant-specific information on Acting NRC Clearance Officer, Office of Information Services. BWR with Mark I and Mark II Information Services. [FR Doc. 2014–14450 Filed 6–19–14; 8:45 am] containments. [FR Doc. 2014–14451 Filed 6–19–14; 8:45 am] BILLING CODE 7590–01–P Submit, by August 19, 2014, BILLING CODE 7590–01–P comments that address the following questions: NUCLEAR REGULATORY NUCLEAR REGULATORY COMMISSION 1. Is the proposed collection of COMMISSION information necessary for the NRC to [Docket No. NRC–2014–0145] properly perform its functions? Does the Request To Amend a License To Agency Information Collection information have practical utility? Export Deuterium Activities: Proposed Collection; 2. Is the burden estimate accurate? Pursuant to 10 CFR 110.70 (b) ‘‘Public Comment Request 3. Is there a way to enhance the Notice of Receipt of an Application,’’ quality, utility, and clarity of the AGENCY: Nuclear Regulatory please take notice that the Nuclear information to be collected? Commission. Regulatory Commission (NRC) has ACTION: Notice of pending NRC action to 4. How can the burden of the received the following request for an submit an information collection information collection be minimized, export license. Copies of the request are request to the Office of Management and including the use of automated available electronically through ADAMS Budget (OMB) and solicitation of public collection techniques or other forms of and can be accessed through the Public comment. information technology? Electronic Reading Room (PERR) link SUMMARY: The NRC invites public The public may examine and have http://www.nrc.gov/reading-rm.html at comment about our intention to request copied for a fee publicly-available the NRC Homepage. the OMB’s approval for a new documents, including the draft A request for a hearing or petition for information collection that is supporting statement, at the NRC’s leave to intervene may be filed within summarized below. We are required to Public Document Room, Room O–1F21, thirty (30) days after publication of this publish this notice in the Federal One White Flint North, 11555 Rockville notice in the Federal Register. Any Register under the provisions of the Pike, Rockville, Maryland 20852. The request for hearing or petition for leave Paperwork Reduction Act of 1995 (44 OMB clearance requests are available at to intervene shall be served by the U.S.C. Chapter 35). the NRC’s Web site: http://www.nrc.gov/ requestor or petitioner upon the Information pertaining to the public-involve/doc-comment/omb/. The applicant, the office of the General requirement to be submitted: document will be available on the Counsel, U.S. Nuclear Regulatory 1. The title of the information NRC’s home page site for 60 days after Commission, Washington, DC 20555; collection: Request for Information the Office of Secretary, U.S. Nuclear the signature date of this notice. Related to the Filtering Strategies and Regulatory Commission, Washington, Severe Accident Management of Boiling Comments submitted in writing or in DC 20555; and the Executive Secretary, Water Reactors (BWR) with Mark I and electronic form will be made available U.S. Department of State, Washington, Mark II Containments Rulemaking. for public inspection. Because your DC 20520. 2. Current OMB approval number: comments will not be edited to remove A request for a hearing or petition for 3150–XXXX. any identifying or contact information, leave to intervene may be filed with the 3. How often the collection is the NRC cautions you against including NRC electronically in accordance with required: Once. any information in your submission that NRC’s E-Filing rule promulgated in 4. Who is required or asked to report: you do not want to be publicly August 2007, 72 FR 49139; August 28, The Nuclear Energy Institute (NEI) has disclosed. Comments submitted should 2007. Information about filing been asked to respond for the industry. reference Docket No. NRC–2014–0145. electronically is available on the NRC’s All BWR with Mark I and Mark II You may submit your comments by any public Web site at http://www.nrc.gov/ containments are expected to provide of the following methods: Electronic site-help/e-submittals.html. To ensure information to NEI. comments go to: http:// 5. The number of annual respondents: timely electronic filing, at least 5 (five) The NEI is collecting information that www.regulations.gov and search for days prior to the filing deadline, the will be submitted to the NRC. The NRC Docket No. NRC–2014–0145. Mail petitioner/requestor should contact the estimates that there are 30 nuclear comments to the Acting NRC Clearance Office of the Secretary by email at power plants that will be affected and Officer, Kristen Benney (T–5 F50), U.S. [email protected], or by one organization (NEI). Nuclear Regulatory Commission, calling (301) 415–1677, to request a 6. The number of hours needed Washington, DC 20555–0001. digital ID certificate and allow for the creation of an electronic docket. annually to complete the requirement or Questions about the information request: The burden to respond to the collection requirements may be directed In addition to a request for hearing or one-time request is estimated to be to the Acting NRC Clearance Officer, petition for leave to intervene, written 2,140 hours (annualized to 713.3 hours). Kristen Benney (T–5 F50), U.S. Nuclear comments, in accordance with 10 CFR 7. Abstract: The Information being Regulatory Commission, Washington, 110.81, should be submitted within collected is for the Filtering Strategies DC 20555–0001; telephone: 301–415– thirty (30) days after publication of this and Severe Accident Management of 6355, or by email to: notice in the Federal Register to Office BWR with Mark I and Mark II of the Secretary, U.S. Nuclear [email protected]. Containment rulemaking. The NRC is Regulatory Commission, Washington, requesting specific information, Dated at Rockville, Maryland, this 16th day DC 20555, Attention: Rulemaking and including detailed cost estimates of of June, 2014. Adjudications

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35387

The information concerning this export license amendment application follows.

NRC EXPORT LICENSE AMENDMENT APPLICATION

Name of applicant, date of Description of material application, date received, Application No., Docket No. Material type Total quantity End use Recipient country

Cambridge Isotope Labora- Deuterium gas, deuterium 10,000 kgs ...... Non-nuclear end-use in United Arab Emirates. tories, Inc., May 30, 2014, oxide, and deuterium medical, pharmaceutical, June 4, 2014, XMAT426/ compounds. chemical, and industrial 01, 11006063. markets.

For the Nuclear Regulatory Commission. then select ‘‘Begin Web-based ADAMS method that the NRC staff considers Dated this 11th day of June 2014 in Search.’’ For problems with ADAMS, acceptable for complying with the Rockville, Maryland. please contact the NRC’s Public Commission’s regulations concerning Michael J. Case, Document Room (PDR) reference staff at bioassay at uranium mills. It provides Acting Deputy Director, Office of 1–800–397–4209, 301–415–4737, or by methods that the NRC staff considers International Programs. email to [email protected]. The acceptable to implement Part 20 of Title [FR Doc. 2014–14495 Filed 6–19–14; 8:45 am] ADAMS accession number for each 10 of the Code of Federal Regulations, BILLING CODE 7590–01–P document referenced in this notice (if (10 CFR), ‘‘Standards for Protection that document is available in ADAMS) Against Radiation.’’ is provided the first time that a II. Additional Information NUCLEAR REGULATORY document is referenced. Revision 2 of COMMISSION RG 8.22 is available in ADAMS under Draft Regulatory Guide, DG–8051, was [NRC–2012–0057] Accession No. ML13350A638. The published in the Federal Register on regulatory analysis may be found in March 13, 2012 (77 FRN 14837), for a Bioassay at Uranium Mills ADAMS under Accession No. 60-day public comment period. The ML110960341. public comment period closed on May AGENCY: Nuclear Regulatory • NRC’s PDR: You may examine and 11, 2012. Public comments on DG–8051 Commission. purchase copies of public documents at and the NRC staff’s responses to the ACTION: Regulatory guide; issuance. the NRC’s PDR, Room O1–F21, One public comments are available in White Flint North, 11555 Rockville SUMMARY: The U.S. Nuclear Regulatory ADAMS under Accession No. Commission (NRC) is issuing a revision Pike, Rockville, Maryland 20852. ML13350A639. Regulatory guides are not to Regulatory Guide (RG) 8.22, The NRC revised this guide for a copyrighted, and NRC approval is not ‘‘Bioassay at Uranium Mills.’’ This better alignment with: (1) 10 CFR Part required to reproduce them. guide describes a bioassay program 20; (2) the internal dose assessment acceptable to the NRC staff for uranium FOR FURTHER INFORMATION CONTACT: recommended by the International mills and applicable portions of Harriet Karagiannis, telephone: 301– Commission on Radiological Protection uranium conversion facilities where the 251–7477, email: Harriet.Karagiannis@ (ICRP), Publication 30, ‘‘Limits for possibility of exposure to yellowcake nrc.gov; or Casper Sun, telephone: 301– Intakes of Radionuclides by Workers’’; dust exists. 251–7912; email: [email protected]. and (3) the recommended bioassay ADDRESSES: Please refer to Docket ID Both of the Office of Nuclear Regulatory interpretation method by ICRP NRC–2012–0057 when contacting the Research, U.S. Nuclear Regulatory Publication 54, ‘‘Individual Monitoring NRC about the availability of Commission, Washington, DC 20555– for Intakes of Radionuclides by Workers: information regarding this document. 0001. Design and Interpretation.’’ You may access publicly-available SUPPLEMENTARY INFORMATION: Regulatory Guide, 8.22, Revision 2 information related to this action by the also provides: (1) Recommendations I. Introduction following methods: based on the nephrotoxic analyses in • Federal Rulemaking Web site: Go to The NRC is issuing a revision to an NUREG–0874, ‘‘Internal Dosimetry http://www.regulations.gov and search existing guide in the NRC’s ‘‘Regulatory Model for Applications to Bioassay at for Docket ID NRC–2012–0057. Address Guide’’ series. This series was Uranium Mills,’’ (Appendix A of the questions about NRC dockets to Carol developed to describe and make guide); and (2) the consensus standard Gallagher; telephone: 301–287–3422; available to the public information such of the American National Standards email: [email protected]. For as methods that are acceptable to the Institute/Health Physics Society (ANSI/ technical questions, contact the NRC staff for implementing specific HPS) N13.30–2011, ‘‘Performance individual(s) listed in the FOR FURTHER parts of the agency’s regulations, Criteria for Radiobioassay,’’ that is INFORMATION CONTACT section of this techniques that the staff uses in applicable for uranium mills. evaluating specific problems or document. III. Congressional Review Act • NRC’s Agencywide Documents postulated accidents, and data that the Access and Management System staff needs in its review of applications This RG is a rule as defined in the (ADAMS): You may access publicly for permits and licenses. Congressional Review Act (5 U.S.C. available documents online in the NRC The NRC issued Revision 2 of RG 8.22 801–808). However, the Office of Library at http://www.nrc.gov/reading- for public comment with a temporary Management and Budget has not found rm/adams.html. To begin the search, identification as draft regulatory guide it to be a major rule as defined in the select ‘‘ADAMS Public Documents’’ and (DG), DG–8051. This guide describes a Congressional Review Act.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35388 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

IV. Backfitting and Issue Finality • Email: paperwork.comments@ Disclosure_of_Distress_Termination_ Issuance of this final RG does not pbgc.gov. Information.pdf. • constitute backfitting as defined in 10 Fax: 202–326–4224. PBGC estimates that three participants CFR 50.109, 70.76, 72.62, or 76.76 and • Mail or Hand Delivery: Legislative or other affected parties will annually is not otherwise inconsistent with the and Regulatory Department, Pension make requests for termination issue finality provisions in 10 CFR Part Benefit Guaranty Corporation, 1200 K information. PBGC estimates that the 52, ‘‘Licenses, Certifications, and Street NW., Washington, DC 20005– total annual burden for the collection of Approvals for Nuclear Power Plants.’’ 4026. information will be about 45 hours and This final RG provides guidance to $900 (15 hours and $300 per request). PBGC will make all comments PBGC is soliciting public comments applicants for, and holders of, uranium available on its Web site at to— milling licenses and some uranium www.pbgc.gov. • Evaluate whether the collection of conversion facility licenses on methods Copies of the collection of information is necessary for the proper for meeting certain NRC regulatory information may be obtained without performance of the functions of the requirements for bioassays in 10 CFR charge by writing to the Disclosure agency, including whether the Part 20. Division of the Office of the General Licensees may voluntarily use RG information will have practical utility; Counsel of PBGC at the above address, • Evaluate the accuracy of the 8.22, Revision 2 to demonstrate visiting the Disclosure Division, faxing agency’s estimate of the burden of the compliance with the underlying NRC’s a request to 202–326–4042, or calling collection of information, including the regulations. 202–326–4040 during normal business validity of the methodology and Dated at Rockville, Maryland, this 17th day hours. (TTY and TDD users may call the assumptions used; of June, 2014. Federal relay service toll-free at 1–800– • Enhance the quality, utility, and For the Nuclear Regulatory Commission. 877–8339 and ask to be connected to clarity of the information to be Thomas H. Boyce, 202–326–4040.) The regulations and collected; and Chief, Regulatory Guidance and Generic instructions relating to this collection of • Minimize the burden of the Issues Branch, Division of Engineering, Office information are available on PBGC’s collection of information on those who of Nuclear Regulatory Research. Web site at www.pbgc.gov. are to respond, including the use of [FR Doc. 2014–14452 Filed 6–19–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: Jo appropriate automated, electronic, BILLING CODE 7590–01–P Amato Burns, Attorney, Office of the mechanical, or other technological General Counsel, Pension Benefit collection techniques or other forms of Guaranty Corporation, 1200 K Street, information technology, e.g., permitting PENSION BENEFIT GUARANTY NW., Washington, DC 20005, 202–326– electronic submission of responses. CORPORATION 4024. (For TTY and TDD, call 800–877– Issued in Washington, DC, this 16th day of 8339 and ask to be connected to 202– June, 2014. Proposed Submission of Information 326–4024.) Judith Starr, Collection for OMB Review; Comment SUPPLEMENTARY INFORMATION: Sections General Counsel, Pension Benefit Guaranty Request; Disclosure of Termination 4041 and 4042 of the Employee Corporation. Information Retirement Income Security Act of 1974, [FR Doc. 2014–14462 Filed 6–19–14; 8:45 am] AGENCY: Pension Benefit Guaranty as amended (‘‘ERISA’’), 29 U.S.C 1301– BILLING CODE 7709–02–P Corporation. 1461, govern the termination of single- ACTION: Notice of intent to request employer defined benefit pension plans extension of OMB approval. that are subject to Title IV of ERISA. A POSTAL REGULATORY COMMISSION plan administrator may initiate a SUMMARY: Pension Benefit Guaranty [Docket Nos. MC2014–27 and CP2014–53; distress termination pursuant to section Order No. 2092] Corporation (‘‘PBGC’’) intends to 4041(c), and PBGC may itself initiate request that the Office of Management proceedings to terminate a pension plan New Postal Product and Budget (‘‘OMB’’) extend approval, under section 4042 if PBGC determines under the Paperwork Reduction Act of that certain conditions are present. AGENCY: Postal Regulatory Commission. 1995, of a collection of information on Section 506 of the Pension Protection ACTION: Notice. the disclosure of termination Act of 2006 amended sections 4041 and SUMMARY: information under its regulations for 4042 of ERISA. These amendments The Commission is noticing a distress terminations, 29 CFR part 4041, require that, upon a request by an recent Postal Service filing requesting Subpart C, and for PBGC-initiated affected party, a plan administrator the addition of Priority Mail Express, terminations under 29 CFR part 4042 must disclose information it has Priority Mail & First-Class Package (OMB control number 1212–0065; submitted to PBGC in connection with Service Contract 3 to the competitive expires September 30, 2014). This a distress termination filing, and that a product list. This notice informs the notice informs the public of PBGC’s plan administrator or plan sponsor must public of the filing, invites public intent and solicits public comment on disclose information it has submitted to comment, and takes other the collection of information. PBGC in connection with a PBGC- administrative steps. DATES: Comments should be submitted initiated termination. The provisions DATES: Comments are due: June 24, by August 19, 2014. also require PBGC to disclose the 2014. ADDRESSES: Comments may be administrative record relating to a ADDRESSES: Submit comments submitted by any of the following PBGC-initiated termination upon electronically via the Commission’s methods: request by an affected party. Filing Online system at http:// • Federal eRulemaking Portal: http:// A description of the current www.prc.gov. Those who cannot submit www.regulations.gov. Follow the Web disclosure provisions for distress comments electronically should contact site instructions for submitting terminations can be found on PBGC’s the person identified in the FOR FURTHER comments. Web site at www.pbgc.gov/Documents/ INFORMATION CONTACT section by

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35389

telephone for advice on filing consider the matters raised in each Officer, Privacy and Records Office, alternatives. docket. 202–268–8582 or [email protected]. FOR FURTHER INFORMATION CONTACT: 2. Pursuant to 39 U.S.C. 505, James F. SUPPLEMENTARY INFORMATION: This David A. Trissell, General Counsel, at Callow is appointed to serve as an notice is in accordance with the Privacy 202–789–6820. officer of the Commission to represent Act requirement that agencies publish the interests of the general public in SUPPLEMENTARY INFORMATION: their amended systems of records in the these proceedings (Public Federal Register when there is a Table of Contents Representative). revision, change, or addition. The Postal 3. Comments are due no later than TM I. Introduction Service has reviewed this system of II. Notice of Commission Action June 24, 2014. records and has determined that this III. Ordering Paragraphs 4. The Secretary shall arrange for Customer Privacy Act System of publication of this order in the Federal Records should be revised to modify I. Introduction Register. categories of records in the system. In accordance with 39 U.S.C. 3642 By the Commission. I. Background and 39 CFR 3020.30 et seq., the Postal Shoshana M. Grove, To date, approximately 20 million Service filed a formal request and Secretary. associated supporting information to customers (individuals and corporate [FR Doc. 2014–14469 Filed 6–19–14; 8:45 am] add Priority Mail Express, Priority Mail entities) conduct transactions with the & First-Class Package Service Contract 3 BILLING CODE 7710–FW–P Postal Service online through usps.com. to the competitive product list.1 To create an account on usps.com, users The Postal Service must register through the Customer contemporaneously filed a redacted POSTAL SERVICE Registration application. This contract related to the proposed new application requires each registrant to Privacy Act of 1974; System of product under 39 U.S.C. 3632(b)(3) and submit personal, user-specific Records 39 CFR 3015.5. Request, Attachment B. information such as his or her name, To support its Request, the Postal AGENCY: Postal ServiceTM. physical address, email address, and Service filed a copy of the contract, a ACTION: Notice of modification to phone number, to enable the registrant copy of the Governors’ Decision existing systems of records. to make purchases for postal products authorizing the product, proposed and services online. changes to the Mail Classification SUMMARY: The United States Postal Additional information is collected Schedule, a Statement of Supporting Service® is proposing to modify a from the customer automatically when Justification, a certification of Customer Privacy Act System of the customer registers through compliance with 39 U.S.C. 3633(a), and Records to enable the Postal Service to usps.com, such as the registrant’s an application for non-public treatment collect additional information from Internet Protocol (IP) address, domain of certain materials. It also filed customers who register with usps.com name, operating system versions, supporting financial workpapers. online. Such information will include browser version, date and time of technical information pertaining to the connection, and geographic location. II. Notice of Commission Action computers, software, and devices that This information is used to support the The Commission establishes Docket registrants use to access usps.com, as Customer Registration application and Nos. MC2014–27 and CP2014–53 to well as information supplied by provide a secure environment for consider the Request pertaining to the businesses that participate in customer transactions. proposed Priority Mail Express, Priority promotional marketing campaigns. The Customer Registration Mail & First-Class Package Service These changes will enhance the Postal application is a target for various types Contract 3 product and the related Service’s abilities to verify a registrant’s of fraudulent activity, such as the contract, respectively. identity online, identify and mitigate creation of fraudulent accounts, identity The Commission invites comments on fraudulent transactions, and to improve theft, and unauthorized account access. whether the Postal Service’s filings in usps.com as well as postal products and Consistent with the official USPS the captioned dockets are consistent services. Additional updates are being Privacy Policy, available at with the policies of 39 U.S.C. 3632, made to expand the types of business www.usps.com/privacypolicy, the Postal 3633, or 3642, 39 CFR part 3015, and 39 specific information maintained by the Service has implemented policies and CFR part 3020, subpart B. Comments are Postal Service in the Customer programs that attempt to identify and due no later than June 24, 2014. The Registration application. mitigate such fraudulent activities, including the collection and analysis of public portions of these filings can be DATES: These revisions will become accessed via the Commission’s Web site Internet Protocol (IP) addresses from effective without further notice on July users of usps.com for the purposes of (http://www.prc.gov). 21, 2014 unless comments received on The Commission appoints James F. identifying potential fraudulent or before that date result in a contrary activities. While these policies and Callow to serve as Public Representative determination. in these dockets. programs have had success, the Postal ADDRESSES: Comments may be mailed Service is seeking to enhance its ability III. Ordering Paragraphs or delivered to the Privacy and Records to identify and mitigate fraud through It is ordered: Office, United States Postal Service, 475 the collection of additional types of 1. The Commission establishes Docket L’Enfant Plaza SW., Room 9517, customer information during the Nos. MC2014–27 and CP2014–53 to Washington, DC 20260–1101. Copies of Customer Registration process. all written comments will be available Accordingly, the Postal Service is 1 Request of the United States Postal Service to at this address for public inspection and seeking to amend System of Records Add Priority Mail Express, Priority Mail & First- photocopying between 8 a.m. and 4 810.100, www.usps.com Registration, to Class Package Service Contract 3 to Competitive p.m., Monday through Friday. Product List and Notice of Filing (Under Seal) of authorize such collection. Unredacted Governors’ Decision, Contract, and FOR FURTHER INFORMATION CONTACT: The Postal Service is also proposing Supporting Data, June 13, 2014 (Request). Matthew J. Connolly, Chief Privacy to maintain information from business

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35390 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

customers regarding promotional information may aid the Postal Service operating system versions, browser marketing campaigns in which they in making improvements to usps.com as version, date and time of connection, have participated or would like to well as to Postal Service products and Media Access Control (MAC) address, participate. Such information would services. device identifier, information about the include details about the business, This SOR is also being amended to software acting on behalf of the user whether the business would like to include information on whether a USPS (i.e., user agent), and geographic participate in a mailing, shipping or business customer is a mail owner, a location. Postal-related program, and any ideas mail service provider, a PC Postage user, the business may have for programs that and/or a PC postage vendor. Such * * * * * might best suit its needs. information, which is currently Stanley F. Mires, The Postal Service is also amending collected and stored in other postal Attorney, Legal Policy & Legislative Advice. categories of records in the system, information systems (Program [FR Doc. 2014–14404 Filed 6–19–14; 8:45 am] business specific information, to reflect Registration and Postalone!) will now be additional data elements that will be maintained in the Customer Registration BILLING CODE 7710–12–P maintained in the Customer Registration database and will enable businesses to application. participate in Package Service programs, to receive mail tracking data, to receive II. Rationale for Changes to USPS PRIVACY AND CIVIL LIBERTIES Privacy Act Systems of Records incentives on certain mail volumes, or to avail themselves of other postal OVERSIGHT BOARD System of Records 810.100, features available to business customers. www.usps.com Registration, is being [Notice–PCLOB–2014–03; Docket No.2014– modified to account for the collection of III. Description of Changes to Systems 0001 Sequence No. 3] additional information pertaining to the of Records computers, devices, networks, and The Postal Service is modifying one Sunshine Act Meeting software that customers use to conduct system of records listed below. Pursuant transactions through usps.com. This to 5 U.S.C. 552a(e)(11), interested TIME AND DATE: Wednesday, July 2, 2014 information includes: (1) Device persons are invited to submit written from 10:00 a.m.—11:00 a.m. (Eastern identification number (device ID), data, views, or arguments on this Standard Time). Confirm the date on which is a unique or distinctive number proposal. A report of the proposed www.pclob.gov. associated with a smartphone or other modifications has been sent to Congress digital device, (2) Media Access Control and to the Office of Management and PLACE: Will be announced on (MAC) address, a unique identifier Budget for their evaluations. The Postal www.pclob.gov. assigned to network interfaces for Service does not expect this amended STATUS: communications and associated with This meeting will be open to the system of records to have any adverse public. the computer hardware that enables a effect on individual privacy rights. The device such as a smartphone or laptop affected systems are as follows: MATTERS TO BE CONSIDERED: The Privacy to connect to a computer network, and, USPS 810.100 and Civil Liberties Oversight Board will (3) user agent information, which SYSTEM NAME: www.usps.com meet for the disposition of official contains information about the software Registration business. At the meeting, the Board will acting on behalf of the customer when be voting on the issuance of its report the customer connects and interacts Accordingly, for the reasons stated, the Postal Service proposes changes in on the surveillance program operated with a Web site such as usps.com. pursuant to Section 702 of the Foreign The organization routinely will the existing system of records as analyze data collected from the follows: Intelligence Surveillance Act. customer, including the additional Additional information on the Board’s USPS 810.100 information specified above, thereby review of this program, such as the prior enhancing current fraud protection SYSTEM NAME: public workshop and hearings, is controls. When specific fraud is www.usps.com Registration available at www.pclob.gov. identified against a customer account, Procedures for Public Observation the organization will communicate the CATEGORIES OF RECORDS IN THE SYSTEM incident to the registrant and offer * * * * * The meeting is open to the public. recommended steps to enhance the [CHANGE TO READ] Pre-registration is not required. customer’s protection. 3. Business specific information: Individuals who plan to attend and Collecting information from Business type and location, business require special assistance should businesses regarding promotional IDs, annual revenue, number of contact Sharon Bradford Franklin, marketing campaigns would further a employees, industry, nonprofit rate Executive Director, 202–331–1986, at status, mail owner, mail service purpose already listed within this least 72 hours prior to the meeting date. system of records—‘‘To permit customer provider, PC postage user, PC postage feedback in order to improve usps.com vendor, product usage information, CONTACT PERSON FOR MORE INFORMATION: or USPS products and services.’’ The annual and/or monthly shipping budget, Sharon Bradford Franklin, Executive Postal Service values its business payment method and information, Director, 202–331–1986. planned use of product, age of Web site, customers, and welcomes any Dated: June 17, 2014. information they wish to share in and information submitted by, or Peter Winn, connection with USPS promotional collected from, business customers in marketing campaigns. By associating connection with promotional marketing Acting General Counsel, Privacy and Civil this information with a business campaigns. Liberties Oversight Board. customer’s account, the Postal Service * * * * * [FR Doc. 2014–14603 Filed 6–18–14; 4:15 pm] will be better able to learn about and 7. Online user information: Internet BILLING CODE 6820–B3–P serve that customer. Additionally, such Protocol (IP) address, domain name,

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00081 Fmt 4703 Sfmt 9990 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35391

OFFICE OF SCIENCE AND across the Federal government. The 2014, NASDAQ OMX PHLX LLC TECHNOLOGY POLICY Subcommittee on the Materials Genome (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Initiative (SMGI), under the NSTC Securities and Exchange Commission Materials Genome Initiative Strategic Committee on Technology, coordinates (‘‘SEC’’ or ‘‘Commission’’) the proposed Plan Federal efforts in support of the goals of rule change as described in Items I, II, MGI and identifies policies that will and III, below, which Items have been ACTION: Notice for Public Comment. accelerate deployment of advanced prepared by the Exchange. The materials. The SMGI includes SUMMARY: The National Science and Commission is publishing this notice to representatives from each agency Technology Council’s Committee on solicit comments on the proposed rule participating in MGI. Technology, Subcommittee on the change from interested persons. The SMGI developed this strategic Materials Genome Initiative requests plan to outline the near-term steps the I. Self-Regulatory Organization’s public comments on the draft 2014 Federal government will take to achieve Statement of the Terms of the Substance Materials Genome Initiative Strategic the vision put forth by MGI. It defines of the Proposed Rule Change Plan (http://www.nist.gov/mgi/upload/ the high-level goals and priorities for The Exchange proposes to amend MGI-StrategicPlan-2014.pdf). the Initiative by describing each of four Section II of the Pricing Schedule which DATES: Responses must be received by strategic goals and the objectives and pertains to Multiply Listed Options July 21, 2014 to be considered. near-term milestones needed to meet fees.3 ADDRESSES: You may submit comments these goals. This strategic plan also The text of the proposed rule change by any of the following methods: describes scientific and technical is available on the Exchange’s Web site • Email: [email protected]. challenges identified by experts from at http:// Include [MGI Strategic Plan—Public the materials science and engineering nasdaqomxphlx.cchwallstreet.com/, at Comment] in the subject line of the communities that impede progress in the principal office of the Exchange, and message. nine materials classes and that MGI can at the Commission’s Public Reference • Fax: (202) 456–6027, Attn: help address. This input came through Room. Meredith Drosback. two Grand Challenge Summits held in • Mail: Attn: Meredith Drosback, II. Self-Regulatory Organization’s 2013 for stakeholders from academia Statement of the Purpose of, and Office of Science and Technology and industry (details available online at Policy, Eisenhower Executive Office Statutory Basis for, the Proposed Rule http://www.ibbr.umd.edu/ Change Building, 1650 Pennsylvania Ave. NW., NISTMGISummit). The experimental Washington, DC 20504. and computational tools and scientific In its filing with the Commission, the Instructions: Response to this request cultural evolution emerging from MGI Exchange included statements for public comment is voluntary. can be directly applied to overcoming concerning the purpose of and basis for Responses exceeding 500 words will not these scientific and technical the proposed rule change and discussed be considered; please reference page challenges, and others that will emerge any comments it received on the and line numbers in your response, as in the future, to meet the President’s proposed rule change. The text of these appropriate. Please be aware that your directive for more rapid discovery and statements may be examined at the comments may be posted online. OSTP deployment of advanced materials. The places specified in Item IV below. The therefore requests that no business SMGI is seeking public comment on this Exchange has prepared summaries, set proprietary information, copyrighted strategic plan (available at http:// forth in sections A, B, and C below, of information, confidential, or personally www.nist.gov/mgi/upload/MGI- the most significant aspects of such identifiable information be submitted in StrategicPlan-2014.pdf) in advance of statements. response to this request. Please note that finalizing the document for publication. A. Self-Regulatory Organization’s the U.S. Government will not pay for Statement of the Purpose of, and response preparation, or for the use of Ted Wackler, Deputy Chief of Staff and Assistant Director. Statutory Basis for, the Proposed Rule any information contained in the Change response. [FR Doc. 2014–14392 Filed 6–19–14; 8:45 am] BILLING CODE 3270–F4–P 1. Purpose FOR FURTHER INFORMATION CONTACT: Meredith Drosback, (202) 456–4444, The purpose of this filing is to amend [email protected], OSTP. Section II of the Exchange’s Pricing SECURITIES AND EXCHANGE Schedule entitled ‘‘Multiply Listed SUPPLEMENTARY INFORMATION: In June COMMISSION 2011, President Obama launched the Options’’ to: (i) Amend Options Materials Genome Initiative (MGI) to [Release No. 34–72395; File No. SR–Phlx– Transaction Charges in Penny Pilot 4 help scientists and innovators discover, 2014–38] Options and Non-Penny Pilot Options; 5 develop, and deploy new materials (ii) amend certain Complex Order fees; Self-Regulatory Organizations; twice as fast as today. What began with NASDAQ OMX PHLX LLC; Notice of 3 a modest investment by four Federal Multiply Listed Options fees includes options Filing and Immediate Effectiveness of overlying equities, ETFs, ETNs and indexes which agencies only three years ago has now Proposed Rule Change Relating to are multiply listed. expanded to include participation by a 4 Pricing in Multiply Listed Options The Penny Pilot was established in January 2007 wide range of public and private and was last extended in May 2014. See Securities stakeholders, including universities, and Exchange Release No. 72245 (May 23, 2014), 79 June 16, 2014. FR 31164 (May 30, 2014) (SR–Phlx–2014–37). companies, professional scientific Pursuant to Section 19(b)(1) of the 5 A Complex Order is any order involving the societies, and Federal agencies. Securities Exchange Act of 1934 simultaneous purchase and/or sale of two or more At the Federal level, MGI is managed (‘‘Act’’),1 and Rule 19b–4 thereunder,2 different options series in the same underlying within the framework of the National notice is hereby given that on June 2, security, priced at a net debit or credit based on the relative prices of the individual components, for the Science and Technology Council same account, for the purpose of executing a (NSTC), the Cabinet-level council that 1 15 U.S.C. 78s(b)(1). particular investment strategy. Furthermore, a coordinates science and technology 2 17 CFR 240.19b–4. Continued

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35392 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

(iii) amend incentives related to Market Maker 12 Options Transaction The Exchange will continue to offer achieving certain Customer Rebate Charge in Non-Penny Pilot Options from these market participants the Tiers; 6 (iv) amend the Monthly Market $0.23 to $0.25 per contract. The opportunity to qualify for the Customer Maker Cap; and (v) remove outdated Exchange believes that these fee Rebate Tiers and reduce these electronic rule text related to the Qualified increases will permit the Exchange to fees to $0.60 per contract.16 Contingent Cross 7 Bonus. incentivize market participants by The Exchange also proposes to offer offering other incentives to lower prices Specialists and Market Makers an Options Transaction Charges as described herein. opportunity to lower the electronic Non- Penny Pilot Options Transaction Charge The Exchange proposes to increase Complex Order Fees the electronic Professional,8 Broker- from the proposed $0.25 per contract to 17 Dealer 9 and Firm 10 Options The Exchange currently assesses $0.23 per contract. Any Specialist or Transaction Charges in Penny Pilot Professionals an electronic Complex Market Maker member or member Options to $0.48 per contract. Currently, Order fee of $0.30 per contract in Penny organization under Common Ownership 13 a Professional is assessed an electronic Pilot Options. The Exchange will with another member or member Options Transaction Charge of $0.30 per continue to offer Professionals this organization that qualifies for Customer contract and a Broker-Dealer and Firm $0.30 per contract fee for electronic Rebate Tiers 2, 3, 4 or 5 in Section B of are assessed an electronic Options Penny Pilot Complex Orders, which will the Pricing Schedule will be assessed a Transaction Charge of $0.45 per represent a lower fee as compared to the $0.23 per contract electronic Non-Penny contract. proposed Professional electronic Pilot Option Transaction Charge. Options Transaction Charge of $0.48 per The Exchange believes that these The Exchange also proposes to incentives will encourage Specialists 11 contract. The Exchange will also offer increase the electronic Specialist and Broker-Dealers and Firms the and Market Makers to transact a greater opportunity to lower the proposed $0.48 number of orders on the Exchange. Complex Order can also be a stock-option order, per contract electronic Penny Pilot which is an order to buy or sell a stated number Monthly Market Maker Cap Options Transaction Charges to $0.30 of units of an underlying stock or exchange-traded Today, Specialists and Market Makers per contract with respect to Complex fund (‘‘ETF’’) coupled with the purchase or sale of are subject to a ‘‘Monthly Market Maker options contract(s). See Exchange Rule 1080, Orders. Cap’’ of $550,000 for: (i) Electronic and Commentary .08(a)(i). With respect to Non-Penny Pilot 6 floor Option Transaction Charges; (ii) The Exchange offers Customer Rebates in Options, the Exchange currently Section B of the Pricing Schedule. QCC Transaction Fees (as defined in 7 assesses Professionals an electronic A QCC Order is comprised of an order to buy Exchange Rule 1080(o) and Floor QCC Complex Order fee of $0.30 per contract or sell at least 1000 contracts that is identified as Orders, as defined in 1064(e)); and (iii) being part of a qualified contingent trade, as that in Non-Penny Pilot Options.14 The fees related to an order or quote that is term is defined in Rule 1080(o)(3), coupled with a Exchange will continue to offer contra-side order to buy or sell an equal number of contra to a PIXL Order or specifically Professionals this $0.30 per contract fee contracts. The QCC Order must be executed at a responding to a PIXL auction. The for electronic Non-Penny Pilot Complex price at or between the National Best Bid and Offer trading activity of separate Specialist and be rejected if a Customer order is resting on the Orders. The Exchange will also offer and Market Maker member Exchange book at the same price. A QCC Order Broker-Dealers and Firms the shall only be submitted electronically from off the organizations is aggregated in opportunity to lower the current floor to the PHLX XL II System. See Rule 1080(o). calculating the Monthly Market Maker electronic Options Transaction Charges See also Securities Exchange Act Release No. 64249 Cap if there is Common Ownership (April 7, 2011), 76 FR 20773 (April 13, 2011) (SR– of $0.70 to $0.30 per contract with between the member organizations. Phlx–2011–47) (a rule change to establish a QCC respect to Complex Orders. Order to facilitate the execution of stock/option All dividend, merger, short stock Qualified Contingent Trades (‘‘QCTs’’) that satisfy The Exchange believes that offering interest, reversal and conversion, jelly the requirements of the trade through exemption in these market participants the roll and box spread strategy executions connection with Rule 611(d) of Regulation NMS). opportunity to lower Complex Order (as defined in Section II) are excluded A Floor QCC Order must: (i) Be for at least 1,000 fees will encourage the transaction of contracts, (ii) meet the six requirements of Rule from the Monthly Market Maker Cap. In 1080(o)(3) which are modeled on the QCT these types of orders on Phlx. addition, Specialists or Market Makers Exemption, (iii) be executed at a price at or between that (i) are on the contra-side of an the National Best Bid and Offer; and (iv) be rejected Customer Rebate Tier Incentives electronically-delivered and executed if a Customer order is resting on the Exchange book Today the Exchange offers Customer order; and (ii) have reached at the same price. In order to satisfy the 1,000- Professionals, Broker-Dealers and Firms contract requirement, a Floor QCC Order must be the Monthly Market Maker Cap are the opportunity to reduce electronic for 1,000 contracts and could not be, for example, assessed a $0.17 per contract fee. two 500-contract orders or two 500-contract legs. Options Transaction Charges in Non- See Rule 1064(e). See also Securities Exchange Act The Exchange proposes to continue to Penny Pilot Options from $0.70 to $0.60 assess Specialists or Market Makers that Release No. 64688 (June 16, 2011), 76 FR 36606 per contract if the member or member (June 22, 2011) (SR–Phlx–2011–56). (i) are on the contra-side of an 8 The term ‘‘Professional’’ means any person or organization under Common Ownership electronically-delivered and executed entity that (i) is not a broker or dealer in securities, with another member or member Customer order; and (ii) have reached and (ii) places more than 390 orders in listed organization qualifies, in a given month, the Monthly Market Maker Cap a $0.17 options per day on average during a calendar month for Customer Rebate Tiers 2, 3, 4, or 5 for its own beneficial account(s). See Rule 15 1000(b)(14). in Section B of the Pricing Schedule. Pricing Schedule as related to Broker-Dealers and 9 The term ‘‘Broker-Dealer’’ applies to any Firms. transaction which is not subject to any of the other 12 A ‘‘Market Maker’’ includes Registered Options 16 See revised note 14 of the Pricing Schedule transaction fees applicable within a particular Traders (Rule 1014(b)(i) and (ii)), which includes which is being applied to Broker-Dealers and Firms category. Streaming Quote Traders (see Rule 1014(b)(ii)(A)) as well as Professionals within the Pricing 10 The term ‘‘Firm’’ applies to any transaction that and Remote Streaming Quote Traders (see Rule Schedule. Note 14 of the Pricing Schedule is being is identified by a member or member organization 1014(b)(ii)(B)). Directed Participants are also market added to the electronic Broker-Dealer and Firm for clearing in the Firm range at The Options makers. Non-Penny Pilot Options Transaction Charge. Clearing Corporation. 13 See current note 13 of the Pricing Schedule. 17 The Exchange is adding note 15 of the Pricing 11 A ‘‘Specialist’’ is an Exchange member who is 14 See current note 14 of the Pricing Schedule. Schedule to the electronic Specialist and Market registered as an options specialist pursuant to Rule 15 See current note 14 of the Pricing Schedule as Maker Non-Penny Pilot Options Transaction 1020(a). related to a Professional and current note 15 of the Charge.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35393

per contract fee in both Penny and Non- Dealer and Firm Options Transaction environment on the Exchange by these Penny Pilot Options, as is the case Charges in Penny Pilot Options to $0.48 market participants. today. The Exchange proposes to assess per contract is reasonable because the The Exchange’s proposal to increase no fee to Specialists or Market Makers Exchange’s fees will remain competitive the electronic Specialist and Market that (i) are on the contra-side of an with fees at other options markets.24 Maker Options Transaction Charge in electronically-delivered and executed Today, a Professional is assessed an Non-Penny Pilot Options from $0.23 to Customer order; and (ii) have reached electronic Options Transaction Charge $0.25 per contract is reasonable because the Monthly Market Maker Cap in the in Penny Pilot Options of $0.30 per the Exchange will continue to offer following symbols: Apple, Inc. contract and a Broker-Dealer and Firm Specialists and Market Makers other (‘‘AAPL’’), Bank of American are assessed an electronic Options incentives such as the Monthly Market Corporation (‘‘BAC’’), Facebook, Inc. Transaction Charge in Penny Pilot Maker Cap, which incentive is not (‘‘FB’’), iShares Russell 2000 (‘‘IWM’’) Options of $0.45 per contract. Despite offered to other market participants. The and PowerShares QQQ (‘‘QQQ’’). The the fee increase, the proposal will allow Exchange believes that despite the fee Exchange believes that assessing the Exchange to incentivize market increase, the fee remains competitive Specialists and Market Makers no fee in participants by offering the opportunity with other market participant fees. Also, these symbols if they are on the contra- to lower Options Transaction Charges as the Exchange is offering Specialists and side of an electronically-delivered and described herein. Market Makers a means to reduce the executed Customer order; and have The Exchange’s proposal to increase Options Transaction Charge to $0.23 per reached the Monthly Market Maker Cap the electronic Professional, Broker- contract in Non-Penny Pilot Options as will incentivize Specialists and Market Dealer and Firm Options Transaction described in more detail below.26 Makers to offer improved bids and offers Charges in Penny Pilot Options to $0.48 The Exchange’s proposal to increase on the Exchange. per contract is equitable and not the electronic Specialist and Market QCC Bonus unfairly discriminatory because the Maker Options Transaction Charge in Exchange will assess Professionals, Non-Penny Pilot Options from $0.23 to The Exchange previously filed an 18 Broker-Dealers and Firms the same $0.25 per contract is equitable and not immediately effective rule change to electronic Options Transaction Charges unfairly discriminatory because the offer an additional rebate applicable to in Penny Pilot Options. The Exchange Exchange will continue to assess both electronic QCC Orders (‘‘eQCC’’) 19 20 does not assess Customers an electronic Specialists and Market Makers the and Floor QCC Orders (collectively Options Transaction Charge in Penny lowest electronic Options Transaction ‘‘QCC Orders’’). The Exchange currently Pilot Options because Customer order Charge in Non-Penny Pilot Options as offers an additional rebate of $35,000 if flow enhances liquidity on the compared to the $0.70 per contract the member organization transacts Exchange for the benefit of all market electronic Options Transaction Charge 1,750,000 of qualifying QCC contracts participants. Customer liquidity benefits assessed to Professionals, Broker- (‘‘QCC Bonus’’).21 The QCC Bonus was all market participants by providing Dealers and Firms.27 Specialists and only available during the month of May more trading opportunities, which Market Makers are assessed lower 2014. The Exchange proposes to delete attracts Specialists and Market Makers. electronic Options Transaction Charges the rule text applicable to the QCC An increase in the activity of these in Penny Pilot Options as compared to Bonus as that bonus is no longer market participants in turn facilitates Professionals, Broker-Dealers and Firms applicable. tighter spreads, which may cause an because they have obligations to the 2. Statutory Basis additional corresponding increase in market and regulatory requirements, The Exchange believes that its order flow from other market which normally do not apply to other proposal to amend its Pricing Schedule participants. Specialists and Market market participants.28 Makers are assessed lower electronic is consistent with Section 6(b) of the Complex Order Fees Act 22 in general, and furthers the Options Transaction Charges in Penny objectives of Section 6(b)(4) and (b)(5) of Pilot Options as compared to The Exchange’s proposal to continue the Act 23 in particular, in that it Professionals, Broker-Dealers and Firms to offer Professionals, and now Broker- provides for the equitable allocation of because they have obligations to the Dealers and Firms, the opportunity to reasonable dues, fees and other charges market and regulatory requirements, reduce electronic Complex Orders to a among members and issuers and other which normally do not apply to other fee of $0.30 per contract in Penny Pilot persons using any facility or system market participants.25 They have Options is reasonable because the which Phlx operates or controls, and is obligations to make continuous markets, Exchange is increasing fees for these not designed to permit unfair engage in a course of dealings market participants with this proposal. discrimination between customers, reasonably calculated to contribute to Professionals will have the opportunity issuers, brokers, or dealers. the maintenance of a fair and orderly to lower the proposed $0.48 per contract market, and not make bids or offers or electronic Options Transaction Charge Options Transaction Charges enter into transactions that are in Penny Pilot Options to $0.30 per The Exchange’s proposal to increase inconsistent with a course of dealings. contract with respect to Complex the electronic Professional, Broker- The proposed differentiation as between Orders. This will represent a lower fee Customers, Specialists and Market as compared to the proposed electronic 18 See Securities Exchange Act Release No. 72136 Makers and other market participants (May 9, 2014), 79 FR 27968 (May 15, 2004) (SR– recognizes the differing contributions 26 Specialists and Market Makers could reduce Phlx–2014–31). the Options Transaction Charge in Non-Penny Pilot 19 See Rule 1080(o). made to the liquidity and trading Options from $0.25 to $0.23 per contract by 20 See Rule 1064(e). qualifying for Customer Rebate Tiers 2, 3, 4 or 5 in 21 The QCC Bonus was in addition to the 24 See the NASDAQ Options Market LLC’s Section B of the Pricing Schedule, as proposed maximum QCC Rebate of $375,000 and did not (‘‘NOM’’) pricing at Chapter XV of NOM’s herein. See proposed note 15 of the Pricing count toward the maximum QCC Rebate of Rulebook. Schedule. $375,000. 25 See Rule 1014 titled ‘‘Obligations and 27 Customers are not assessed a Non-Penny Pilot 22 15 U.S.C. 78f(b). Restrictions Applicable to Specialists and Options Transaction Charge. 23 15 U.S.C. 78f(b)(4), (5). Registered Options Traders.’’ 28 See note 25.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35394 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Professional Options Transaction participants. The Exchange believes that Transaction Charges in Non-Penny Pilot Charge of $0.48 per contract that will offering these market participants the Options from $0.25 to $0.23 per contract apply to Simple Orders in Penny Pilot opportunity to lower Non-Penny Pilot is equitable and not unfairly Options. Broker-Dealers and Firms will electronic Complex Order fees will discriminatory because the Exchange likewise be offered the opportunity to encourage the transaction of these types will offer all market participants, reduce the proposed increased of orders on Phlx. excluding Customers,32 a means to electronic Penny Pilot Options The Exchange’s proposal to offer reduce Options Transaction Charges by Transaction Charges of $0.48 to $0.30 Broker-Dealers and Firms the same qualifying for a Customer Rebate in per contract with respect to Complex opportunity as Professionals to reduce Section B of the Pricing Schedule. Even Orders. Therefore, these market electronic Complex Orders to a fee of with the reduced rate for Professionals, participants that are assessed the $0.30 per contract in Non-Penny Pilot Broker-Dealers and Firms of $0.60 per highest electronic fees will have an Options is equitable and not unfairly contract, Specialist and Market Makers opportunity to lower these rlectronic discriminatory because the Exchange will continue to be assessed the lowest [sic] fees in Penny Pilot Complex will assess Professionals, Broker-Dealers electronic Options Transaction Charge Orders. and Firms the same electronic Options in Non-Penny Pilot Options because The Exchange’s proposal to offer Transaction Charge in Non-Penny Pilot they have obligations to the market and Broker-Dealers and Firms the same Options of $0.30 per contract. The regulatory requirements, which opportunity as a Professional to reduce Exchange does not assess Customers an normally do not apply to other market electronic Complex Orders to a fee of electronic Options Transaction Charge participants.33 $0.30 per contract in Penny Pilot in Non-Penny Pilot Options because Monthly Market Maker Cap Options is equitable and not unfairly Customer order flow enhances liquidity discriminatory because the Exchange on the Exchange for the benefit of all The Exchange’s proposal to not assess will assess Professionals, Broker-Dealers market participants. Specialists and a fee to Specialists or Market Makers and Firms the same electronic Options Market Makers are assessed lower that (i) are on the contra-side of an Transaction Charge in Penny Pilot electronic Options Transaction Charges electronically-delivered and executed Options of $0.30 per contract. The in Non-Penny Pilot Options as Customer order; and (ii) have reached Exchange does not assess Customers an compared to Professionals, Broker- the Monthly Market Maker Cap in electronic Options Transaction Charge Dealers and Firms because they have AAPL, BAC, FB, IWM and QQQ is in Penny Pilot Options because obligations to the market and regulatory reasonable because the Exchange desires Customer order flow enhances liquidity requirements, which normally do not to incentivize Specialists and Market on the Exchange for the benefit of all apply to other market participants.30 Makers to transact more options in these market participants. Specialists and symbols and bring additional liquidity Market Makers are assessed lower Customer Rebate Tier Incentives to the Exchange. All market participants electronic Options Transaction Charges The Exchange’s proposal to offer will benefit from the increased in Penny Pilot Options as compared to Specialists and Market Makers an Customer liquidity brought to the Professionals, Broker-Dealers and Firms opportunity to lower electronic Options Exchange. The Exchange today because they have obligations to the Transaction Charges in Non-Penny Pilot differentiates pricing by option market and regulatory requirements, Options from $0.25 to $0.23 per symbols.34 Specialists and Market which normally do not apply to other contract, provided certain criteria are Makers will continue to pay the same market participants.29 They have met, is reasonable because the Exchange fee of $0.17 per contract in Penny and obligations to make continuous markets, desires to offer all market participants 31 Non-Penny Pilot Options, when the cap engage in a course of dealings an opportunity to lower Non-Penny is satisfied, except for the symbols noted reasonably calculated to contribute to Pilot Options Transaction Fees. The above. the maintenance of a fair and orderly electronic Options Transaction Charges The Exchange’s proposal to not assess market, and not make bids or offers or in Non-Penny Pilot Options are higher a fee to Specialists or Market Makers enter into transactions that are as compared to electronic Options that (i) are on the contra-side of an inconsistent with a course of dealings. Transaction Charges in Penny Pilot electronically-delivered and executed The Exchange’s proposal to continue Options. The Exchange believes that Customer order; and (ii) have reached to offer Professionals, and now Broker- offering all market participants the the Monthly Market Maker Cap in Dealers and Firms, the opportunity to opportunity to lower electronic Options AAPL, BAC, FB, IWM and QQQ is reduce electronic Complex Orders from Transaction Charges in Non-Penny Pilot equitable and not unfairly $0.70 to $0.30 per contract in Non- Options by incentivizing them to discriminatory. Specialists and Market Penny Pilot Options is reasonable transact Customer order flow in turn Makers have burdensome quoting because the Exchange desires to provide benefits all market participants. obligations 35 to the market that do not these market participants the The Exchange’s proposal to offer apply to Customers, Professionals, opportunity to lower Complex Order Specialists and Market Makers the Firms and Broker-Dealers. Specialists fees in Penny and Non-Penny Pilot opportunity to lower electronic Options and Market Makers serve an important Options alike. This opportunity to lower role on the Exchange with regard to electronic Complex Order fees, which is 30 See note 25. order interaction and they provide currently offered only to Professionals, 31 Today, Professionals, Broker-Dealers and Firms liquidity in the marketplace. will be extended to Broker-Dealers and have an opportunity to reduce fees to $0.60 per contract in Non-Penny Pilot Options provided Firms in Non-Penny Pilot Options. 32 certain criteria are met Professionals, Broker- Customers are not assessed a Non-Penny Pilot Professionals, Broker-Dealers and Firms Dealers and Firms are offered the opportunity to Options Transaction Charge. are assessed the highest electronic reduce electronic Non-Penny Pilot Options 33 See note 25. Options Transactions Charges in Non- Transaction Charges to $0.60 per contract if the 34 See Section I of the Pricing Schedule which Penny Pilot Options of $0.70 per member or member organization under Common differentiates pricing in SPDR S&P 500 (‘‘SPY’’) Ownership with another member or member options. See also Securities Exchange Release No. contract, as compared to other market organization qualifies, in a given month, for 66757 (April 6, 2012), 77 FR 22034 (April 12, 2012) Customer Rebate Tiers 2, 3, 4, or 5 in Section B of (SR–Phlx–2012–45). 29 See note 25. the Pricing Schedule. 35 See note 25.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35395

Additionally, Specialists and Market With respect to Non-Penny Pilot twelve options exchanges, in which Makers incur costs unlike other market Options, the increase to Specialists and market participants can easily and participants including, but not limited Market Makers for electronic orders is readily direct order flow to competing to, Payment for Order Flow (‘‘PFOF’’) 36 offset by the ability to reduce those fees venues if they deem fee levels at a and other costs associated with market by qualifying for certain Customer particular venue to be excessive or making activities, which results in a Rebates in Section B of the Pricing rebates to be inadequate. Accordingly, higher average cost per execution as Schedule and also the ability to cap the fees that are described in the above compared to Firms, Broker-Dealers and certain fees. The Exchange is offering all proposal are influenced by these robust Professionals. The proposed market participants that are assessed market forces and therefore must remain differentiation as between Specialists Non-Penny Pilot Options Transaction competitive with fees charged d [sic] by and Market Makers as compared to Charges the opportunity to reduce those other venues and therefore must other market participants recognizes the fees by qualifying for certain Customer continue to be reasonable and equitably differing contributions made to the Rebates in Section B of the Pricing allocated to those members that opt to trading environment on the Exchange by Schedule. direct orders to the Exchange rather these market participants. Customer Professionals, as is the case today, as than competing venues. liquidity benefits all market participants well as Broker-Dealers and Firms alike C. Self-Regulatory Organization’s by providing more trading will be offered the opportunity to Statement on Comments on the opportunities, which attract Specialists reduce electronic Complex Order fees in Proposed Rule Change Received From and Market Makers. An increase in the both Penny and Non-Penny Pilot Members, Participants, or Others activity of these market participants in Options as these market participants are turn facilitates tighter spreads, which assessed the highest Penny and Non- No written comments were either may cause an additional corresponding Penny Pilot Options Transaction solicited or received. Charges. increase in order flow from other market III. Date of Effectiveness of the participants. The Exchange believes that Specialists and Market Makers will be offered the opportunity to pay no fees, Proposed Rule Change and Timing for offering Specialists and Market Makers Commission Action the opportunity to cap fees in certain after they have satisfied the obligations highly liquidity Penny Pilot Options is related to the Monthly Market Maker The foregoing rule change has become equitable and not unfairly Cap, in the following symbols: AAPL, effective pursuant to Section 39 discriminatory for the reasons noted BAC, FB, IWM and QQQ. Specialists 19(b)(3)(A)(ii) of the Act. At any time above. and Market Makers have burdensome within 60 days of the filing of the quoting obligations 38 to the market that proposed rule change, the Commission QCC Bonus do not apply to Customers, summarily may temporarily suspend The Exchange’s proposal to remove Professionals, Firms and Broker-Dealers. such rule change if it appears to the rule text related to the QCC Bonus is Specialists and Market Makers serve an Commission that such action is reasonable because removing the important role on the Exchange with necessary or appropriate in the public outdated rule text will add clarity to the regard to order interaction and they interest, for the protection of investors, Pricing Schedule. The Exchange’s provide liquidity in the marketplace. or otherwise in furtherance of the proposal to remove rule text related to Additionally, Specialists and Market purposes of the Act. If the Commission the QCC Bonus is equitable and not Makers incur costs unlike other market takes such action, the Commission shall unfairly discriminatory because the participants including, but not limited institute proceedings to determine QCC Bonus is no longer in effect and to, PFOF and other costs associated with whether the proposed rule should be therefore not available to any market market making activities, which results approved or disapproved. in a higher average cost per execution as participant. compared to Firms, Broker-Dealers and IV. Solicitation of Comments B. Self-Regulatory Organization’s Professionals. The proposed Interested persons are invited to Statement on Burden on Competition differentiation as between Specialists submit written data, views, and The Exchange does not believe that and Market Makers as compared to arguments concerning the foregoing, the proposed rule change will impose other market participants recognizes the including whether the proposed rule any burden on competition not differing contributions made to the change is consistent with the Act. necessary or appropriate in furtherance trading environment on the Exchange by Comments may be submitted by any of of the purposes of the Act. The these market participants. Customer the following methods: Exchange’s proposal to increase liquidity benefits all market participants by providing more trading Electronic Comments electronic Options Transaction Charges opportunities, which attract Specialists • Use the Commission’s Internet for Professionals, Broker-Dealers and and Market Makers. An increase in the comment form (http://www.sec.gov/ Firms in Penny Pilot Options conforms activity of these market participants in rules/sro.shtml); or pricing for these market participants. turn facilitates tighter spreads, which • Send an email to rule-comments@ Customers continue not be assessed may cause an additional corresponding sec.gov. Please include File Number SR– Penny Pilot Options Transaction increase in order flow from other market Phlx–2014–38 on the subject line. Charges and Specialists and Market participants. For these reasons noted Makers continue to be assessed the Paper Comments above, the Exchange does not believe lowest electronic Options Transaction that offering Specialists and Market • Send paper comments in triplicate Charges in Penny Pilot Options due to Makers the opportunity to cap fees in to Secretary, Securities and Exchange the obligations they bear in the certain symbols imposes an undue Commission, 100 F Street NE., market.37 burden on competition. Washington, DC 20549–1090. The Exchange operates in a highly All submissions should refer to File 36 Specialists and Market Makers, as compared to other market participants, are assessed PFOF when competitive market, comprised of Number SR–Phlx–2014–38. This file transacting Customer electronic orders. 37 See note 25. 38 Id. 39 15 U.S.C. 78s(b)(3)(A)(ii).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35396 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

number should be included on the Commission (‘‘SEC’’ or ‘‘Commission’’) options contract.3 In addition, Rule subject line if email is used. To help the the proposed rule change as described 803(b)(4)(i) presently permits market Commission process and review your in Items I and II below, which Items makers to submit quotes with wider bid/ comments more efficiently, please use have been prepared by the self- offer differentials for in-the-money only one method. The Commission will regulatory organization. The options series where the market for the post all comments on the Commission’s Commission is publishing this notice to underlying security is wider than the Internet Web site (http://www.sec.gov/ solicit comments on the proposed rule market maker’s regular quotation rules/sro.shtml). Copies of the change from interested persons. requirements. In particular, a market submission, all subsequent maker quoting an in-the-money options amendments, all written statements I. Self-Regulatory Organization’s series may submit quotes that are as with respect to the proposed rule Statement of the Terms of Substance of wide as the quotation on the primary change that are filed with the the Proposed Rule Change market of the underlying security. For Commission, and all written example, if the primary market for ABC The ISE proposes to amend its rules communications relating to the has a quote of $65 (bid)—$73 (offer), ISE to require that market makers quoting proposed rule change between the market makers may quote in-the-money Commission and any person, other than certain in-the-money options series option series on that security with a bid/ those that may be withheld from the maintain quotes that are no wider than offer differential of $8. The wider bid/ public in accordance with the the spread between the NBBO in the offer differentials allowed in these provisions of 5 U.S.C. 552, will be underlying security. The text of the circumstances are intended to give available for Web site viewing and proposed rule change is available on the market makers more flexibility with printing in the Commission’s Public Exchange’s Web site (http:// respect to their quoting obligations as Reference Room, 100 F Street NE., www.ise.com), at the principal office of options are priced relative to the price Washington, DC 20549 on official the Exchange, and at the Commission’s of the underlying security. business days between the hours of Public Reference Room. The Exchange proposes to change this 10:00 a.m. and 3:00 p.m. Copies of such II. Self-Regulatory Organization’s obligation to instead require that market filing also will be available for Statement of the Purpose of, and makers quoting these in-the-money inspection and copying at the principal Statutory Basis for, the Proposed Rule options series maintain quotes that are office of the Exchange. All comments Change no wider than the spread between the received will be posted without change; NBBO in the underlying security. A the Commission does not edit personal In its filing with the Commission, the market maker quoting an in-the-money identifying information from self-regulatory organization included options series can hedge its position by submissions. You should submit only statements concerning the purpose of, trading in the underlying security at the information that you wish to make and basis for, the proposed rule change NBBO, which may be narrower than the available publicly. All submissions and discussed any comments it received quotation on the primary market. For should refer to File Number SR–Phlx– on the proposed rule change. The text instance, in the example above, other 2014–38, and should be submitted on or of these statements may be examined at exchanges that trade ABC may before July 11, 2014. the places specified in Item IV below. collectively have a higher bid of $66 and For the Commission, by the Division of The self-regulatory organization has a lower offer of $72. Under the proposed Trading and Markets, pursuant to delegated prepared summaries, set forth in rule, ISE market makers would be authority.40 sections A, B and C below, of the most required to quote in-the-money option Kevin M. O’Neill, significant aspects of such statements. series on ABC with a bid/offer Deputy Secretary. differential of no more than $6. The (A) Self-Regulatory Organization’s Exchange believes that measuring the [FR Doc. 2014–14421 Filed 6–19–14; 8:45 am] Statement of the Purpose of, and BILLING CODE 8011–01–P permissible width of a market maker’s Statutory Basis for, the Proposed Rule quote against the NBBO more accurately Change reflects the current trading environment SECURITIES AND EXCHANGE 1. Purpose where multiple trading venues COMMISSION contribute to the prevailing market price The purpose of the proposed rule of a security underlying an options [Release No. 34–72399; File No. SR–ISE– change is to amend Rule 803(b)(4)(i) to series traded on the ISE. 2014–31] require that market makers quoting 2. Basis Self-Regulatory Organizations; certain in-the-money options series International Securities Exchange, maintain quotes that are no wider than The Exchange believes that the LLC; Notice of Filing of a Proposed the spread between the national best bid proposed rule change is consistent with Rule Change on Bid/Offer Differentials and offer (‘‘NBBO’’) in the underlying the requirements of the Act and the for In-The-Money Option Series security. The Exchange believes that rules and regulations thereunder that requiring that market makers post are applicable to a national securities June 16, 2014. tighter quotes in these option series will exchange, and, in particular, with the Pursuant to Section 19(b)(1) of the improve market quality to the benefit of requirements of Section 6(b) of the Act.4 Securities Exchange Act of 1934 investors that trade on the ISE. In particular, the proposal is consistent (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 with Section 6(b)(5) of the Act,5 because In the course of maintaining fair and notice is hereby given that on June 4, orderly markets in appointed options 2014, the International Securities 3 See Rule 803(b). Unless the ISE establishes classes, market makers are generally Exchange, LLC (‘‘Exchange’’ or ‘‘ISE’’) wider differentials for specific option classes, bid/ required to price options contracts fairly offer differentials prior to the opening rotation must filed with the Securities and Exchange by, among other things, bidding and be no more than $0.25, $0.40, $0.50, $0.80, or $1, with the larger bid/offer differentials permitted for 40 17 CFR 200.30–3(a)(12). offering so as to create differences of no option contracts with higher priced bids. Id. 1 15 U.S.C. 78s(b)(1). more than $5 between the bid and offer 4 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. following the opening rotation in an 5 15 U.S.C. 78f(b)(5).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35397

is designed to promote just and the self-regulatory organization For the Commission, by the Division of equitable principles of trade, remove consents, the Commission will: Trading and Markets, pursuant to delegated impediments to and perfect the (A) By order approve or disapprove authority.6 mechanisms of a free and open market such proposed rule change, or Kevin M. O’Neill, and a national market system and, in (B) institute proceedings to determine Deputy Secretary. general, to protect investors and the whether the proposed rule change [FR Doc. 2014–14444 Filed 6–19–14; 8:45 am] public interest. should be disapproved. BILLING CODE 8011–01–P This change is designed to benefit IV. Solicitation of Comments investors, who will be able to trade at better prices due to narrower spreads in Interested persons are invited to SECURITIES AND EXCHANGE in-the-money option series covered by submit written data, views, and COMMISSION the proposed rule change. The Exchange arguments concerning the foregoing, including whether the proposed rule [Release No. 34–72398; File No. SR– believes that market makers should ISEGemini–2014–15] maintain quotes that are no wider than change is consistent with the Act. Comments may be submitted by any of the spread between the NBBO in the Self-Regulatory Organizations; ISE the following methods: underlying security, as they can hedge Gemini, LLC; Notice of Filing of a their positions by trading in the Electronic Comments Proposed Rule Change on Bid/Offer underlying security at the NBBO, which • Use the Commission’s Internet Differentials for In-The-Money Option may be narrower than the quotation on Series the primary market. As explained above, comment form (http://www.sec.gov/ the Exchange believes that measuring rules/sro.shtml) or June 16, 2014. • Send an email to rule-comments@ the permissible width of a market Pursuant to Section 19(b)(1) of the sec.gov. Please include File Number SR– maker’s quote against the NBBO more Securities Exchange Act of 1934 ISE–2014–31 on the subject line. accurately reflects the current trading (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 environment where multiple trading Paper Comments notice is hereby given that on June 5, venues contribute to the prevailing • Send paper comments in triplicate 2014, ISE Gemini, LLC (‘‘Exchange’’ or market price of a security underlying an to Secretary, Securities and Exchange ‘‘ISE Gemini’’) filed with the Securities options series traded on the ISE. Commission, 100 F Street NE., and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule (B) Self-Regulatory Organization’s Washington, DC 20549–1090. change as described in Items I and II Statement on Burden on Competition All submissions should refer to File below, which Items have been prepared Number SR–ISE–2014–31. This file The Exchange does not believe that by the self-regulatory organization. The number should be included on the the proposed rule change will impose Commission is publishing this notice to subject line if email is used. To help the any burden on competition that is not solicit comments on the proposed rule Commission process and review your necessary or appropriate in furtherance change from interested persons. of the purposes of the Act. The comments more efficiently, please use proposed rule change is intended to only one method. The Commission will I. Self-Regulatory Organization’s encourage tighter markets in in-the- post all comments on the Commission’s Statement of the Terms of Substance of money option series and is not designed Internet Web site (http://www.sec.gov/ the Proposed Rule Change to have any competitive impact. While rules/sro.shtml). Copies of the ISE Gemini proposes to amend its market makers may be required to submission, all subsequent rules to require that market makers narrow their quotes in these series, the amendments, all written statements quoting certain in-the-money options proposed rule change still affords with respect to the proposed rule series maintain quotes that are no wider sufficient flexibility to allow market change that are filed with the than the spread between the NBBO in makers to do so while managing their Commission, and all written the underlying security. The text of the risk by hedging in the underlying communications relating to the proposed rule change is available on the security at the NBBO. proposed rule change between the Exchange’s Web site (http:// Commission and any person, other than www.ise.com), at the principal office of (C) Self-Regulatory Organization’s those that may be withheld from the the Exchange, and at the Commission’s Statement on Comments on the public in accordance with the Public Reference Room. Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be Members, Participants or Others available for Web site viewing and II. Self-Regulatory Organization’s The Exchange has not solicited, and printing in the Commission’s Public Statement of the Purpose of, and does not intend to solicit, comments on Reference Room, 100 F Street NE., Statutory Basis for, the Proposed Rule this proposed rule change. The Washington, DC 20549, on official Change Exchange has not received any business days between the hours of In its filing with the Commission, the unsolicited written comments from 10:00 a.m. and 3:00 p.m. Copies of such self-regulatory organization included members or other interested parties. filing also will be available for statements concerning the purpose of, inspection and copying at the principal III. Date of Effectiveness of the and basis for, the proposed rule change office of ISE. All comments received and discussed any comments it received Proposed Rule Change and Timing for will be posted without change; the Commission Action on the proposed rule change. The text Commission does not edit personal of these statements may be examined at Within 45 days of the date of identifying information from the places specified in Item IV below. publication of this notice in the Federal submissions. You should submit only The self-regulatory organization has Register or within such longer period information that you wish to make prepared summaries, set forth in up to 90 days (i) as the Commission may available publicly. All submissions designate if it finds such longer period should refer to File Number SR–ISE– 6 17 CFR 200.30–3(a)(12). to be appropriate and publishes its 2014–31 and should be submitted on or 1 15 U.S.C. 78s(b)(1). reasons for so finding or (ii) as to which before July 11, 2014. 2 17 CFR 240.19b–4.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35398 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

sections A, B and C below, of the most instance, in the example above, other to have any competitive impact. While significant aspects of such statements. exchanges that trade ABC may market makers may be required to collectively have a higher bid of $66 and narrow their quotes in these series, the (A) Self-Regulatory Organization’s a lower offer of $72. Under the proposed proposed rule change still affords Statement of the Purpose of, and rule, ISE Gemini market makers would sufficient flexibility to allow market Statutory Basis for, the Proposed Rule be required to quote in-the-money makers to do so while managing their Change option series on ABC with a bid/offer risk by hedging in the underlying 1. Purpose differential of no more than $6. The security at the NBBO. Exchange believes that measuring the The purpose of the proposed rule (C) Self-Regulatory Organization’s change is to amend Rule 803(b)(4)(i) to permissible width of a market maker’s quote against the NBBO more accurately Statement on Comments on the require that market makers quoting reflects the current trading environment Proposed Rule Change Received From certain in-the-money options series where multiple trading venues Members, Participants or Others maintain quotes that are no wider than contribute to the prevailing market price The Exchange has not solicited, and the spread between the national best bid of a security underlying an options does not intend to solicit, comments on and offer (‘‘NBBO’’) in the underlying series traded on ISE Gemini. this proposed rule change. The security. The Exchange believes that Exchange has not received any requiring that market makers post 2. Basis unsolicited written comments from tighter quotes in these option series will The Exchange believes that the members or other interested parties. improve market quality to the benefit of proposed rule change is consistent with investors that trade on ISE Gemini. the requirements of the Act and the III. Date of Effectiveness of the In the course of maintaining fair and rules and regulations thereunder that Proposed Rule Change and Timing for orderly markets in appointed options are applicable to a national securities Commission Action classes, market makers are generally exchange, and, in particular, with the Within 45 days of the date of required to price options contracts fairly requirements of Section 6(b) of the Act.4 publication of this notice in the Federal by, among other things, bidding and In particular, the proposal is consistent Register or within such longer period offering so as to create differences of no with Section 6(b)(5) of the Act,5 because up to 90 days (i) as the Commission may more than $5 between the bid and offer is designed to promote just and designate if it finds such longer period following the opening rotation in an equitable principles of trade, remove to be appropriate and publishes its 3 options contract. In addition, Rule impediments to and perfect the reasons for so finding or (ii) as to which 803(b)(4)(i) presently permits market mechanisms of a free and open market the self-regulatory organization makers to submit quotes with wider bid/ and a national market system and, in consents, the Commission will: offer differentials for in-the-money general, to protect investors and the (A) By order approve or disapprove options series where the market for the public interest. such proposed rule change, or underlying security is wider than the This change is designed to benefit (B) institute proceedings to determine market maker’s regular quotation investors, who will be able to trade at whether the proposed rule change requirements. In particular, a market better prices due to narrower spreads in should be disapproved. maker quoting an in-the-money options in-the-money option series covered by IV. Solicitation of Comments series may submit quotes that are as the proposed rule change. The Exchange wide as the quotation on the primary believes that market makers should Interested persons are invited to market of the underlying security. For maintain quotes that are no wider than submit written data, views, and example, if the primary market for ABC the spread between the NBBO in the arguments concerning the foregoing, has a quote of $65 (bid)–$73 (offer), ISE underlying security, as they can hedge including whether the proposed rule Gemini market makers may quote in- their positions by trading in the change is consistent with the Act. the-money option series on that security underlying security at the NBBO, which Comments may be submitted by any of with a bid/offer differential of $8. The may be narrower than the quotation on the following methods: wider bid/offer differentials allowed in the primary market. As explained above, Electronic Comments these circumstances are intended to give the Exchange believes that measuring • market makers more flexibility with the permissible width of a market Use the Commission’s Internet respect to their quoting obligations as maker’s quote against the NBBO more comment form (http://www.sec.gov/ options are priced relative to the price rules/sro.shtml) or accurately reflects the current trading • of the underlying security. environment where multiple trading Send an email to rule-comments@ The Exchange proposes to change this venues contribute to the prevailing sec.gov. Please include File Number SR– obligation to instead require that market market price of a security underlying an ISEGemini–2014–15 on the subject line. makers quoting these in-the-money options series traded on ISE Gemini. Paper Comments options series maintain quotes that are no wider than the spread between the (B) Self-Regulatory Organization’s • Send paper comments in triplicate NBBO in the underlying security. A Statement on Burden on Competition to Secretary, Securities and Exchange market maker quoting an in-the-money The Exchange does not believe that Commission, 100 F Street NE., options series can hedge its position by the proposed rule change will impose Washington, DC 20549–1090. trading in the underlying security at the any burden on competition that is not All submissions should refer to File NBBO, which may be narrower than the necessary or appropriate in furtherance Number SR–ISEGemini–2014–15. This quotation on the primary market. For of the purposes of the Act. The file number should be included on the proposed rule change is intended to subject line if email is used. To help the 3 See Rule 803(b). Unless ISE Gemini establishes encourage tighter markets in in-the- Commission process and review your wider differentials for specific option classes, bid/ money option series and is not designed comments more efficiently, please use offer differentials prior to the opening rotation must be no more than $0.25, $0.40, $0.50, $0.80, or $1, only one method. The Commission will with the larger bid/offer differentials permitted for 4 15 U.S.C. 78f(b). post all comments on the Commission’s option contracts with higher priced bids. Id. 5 15 U.S.C. 78f(b)(5). Internet Web site (http://www.sec.gov/

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35399

rules/sro.shtml). Copies of the the Federal Register on May 8, 2014.3 confidence interval expected shortfall submission, all subsequent The Commission received no comment calculation (currently used at ICC), and amendments, all written statements letters regarding the proposed change. (ii) the haircut determined using a two with respect to the proposed rule For the reasons discussed below, the day holding period and 99.9% change that are filed with the Commission is granting approval of the confidence interval Value-at-Risk Commission, and all written proposed rule change. calculation. ICC has stated that because communications relating to the the haircut currently used by ICC, that II. Description proposed rule change between the is, the haircut determined by using the Commission and any person, other than ICC is proposing to update (1) its five-day liquidation period and a 99% those that may be withheld from the policy regarding valuation of maturing confidence interval expected shortfall public in accordance with the U.S. Treasury securities, and (2) its calculation, is usually greater than the provisions of 5 U.S.C. 552, will be collateral asset haircut methodology. haircut determined using the two day available for Web site viewing and Under the proposed change, ICC will holding period and a 99.9% confidence printing in the Commission’s Public reduce the collateral valuation of interval Value-at-Risk calculation, the Reference Room, 100 F Street NE., maturing securities to $0 two business haircut currently used at ICC will Washington, DC 20549, on official days prior to maturity. Clearing continue to be the driver of haircuts and business days between the hours of Participants will receive notice the week thus, this proposed rule change will 10:00 a.m. and 3:00 p.m. Copies of such prior to any collateral maturity dates have little practical impact on ICC’s filing also will be available for and will be encouraged to replace current haircut values. Furthermore, ICC inspection and copying at the principal maturing securities with other has stated that as applied to currencies, office of the Exchange. All comments acceptable collateral. If collateral should ICC choose to use one haircut for received will be posted without change; matures while on deposit with ICC, a given foreign exchange pair (e.g. USD the Commission does not edit personal proceeds will be credited to the margin v. Euro, Euro v. USD), ICC will apply identifying information from or guaranty fund account, as the more conservative haircut. ICC has submissions. You should submit only appropriate, when received by ICC on also stated that the changes to the information that you wish to make the maturity day. methodology for calculation of collateral available publicly. All submissions ICC has stated that it and other asset haircuts do not require any should refer to File Number SR– IntercontinentalExchange, Inc. clearing operational changes. houses have applied this methodology ISEGemini–2014–15 and should be III. Discussion and Commission when nearing the U.S. debt ceiling, so submitted on or before July 11, 2014. Findings that this proposed rule change will For the Commission, by the Division of provide consistent collateral valuation Section 19(b)(2)(C) of the Act 4 directs Trading and Markets, pursuant to delegated the Commission to approve a proposed authority.6 certainty at all times, as well as consistent implementation of this policy rule change of a self-regulatory Kevin M. O’Neill, across other IntercontinentalExchange, organization if the Commission finds Deputy Secretary. Inc. clearing houses. ICC has also stated that such proposed rule change is [FR Doc. 2014–14443 Filed 6–19–14; 8:45 am] that revaluing the maturing securities consistent with the requirements of the BILLING CODE 8011–01–P two business days prior to maturity will Act and the rules and regulations allow for collection of additional margin thereunder applicable to such self- or guaranty fund, if required, prior to regulatory organization. Section SECURITIES AND EXCHANGE maturity. ICC’s Treasury Operations 17A(b)(3)(F) of the Act 5 requires, among COMMISSION Policies and Procedures will be updated other things, that the rules of a clearing to reflect this change, and ICC plans to agency are designed to promote the [Release No. 34–72397; File No. SR–ICC– prompt and accurate clearance and 2014–05] notify Clearing Participants of the change via circular, upon approval by settlement of securities transactions Self-Regulatory Organizations; ICE the Commission. and, to the extent applicable, derivative Clear Credit LLC; Order Approving Furthermore, in order to provide agreements, contracts, and transactions, Proposed Rule Change To Update consistency in the calculation of to assure the safeguarding of securities ICC’s Policy Regarding Valuation of collateral asset haircuts among the and funds which are in the custody or Maturing U.S. Treasury Securities and IntercontinentalExchange, Inc. clearing control of the clearing agency or for Update ICC’s Collateral Asset Haircut houses, ICC is updating its Risk which it is responsible and, in general, Methodology Management Framework pursuant to the to protect investors and the public proposed change. Currently at ICC, interest. June 16, 2014. haircuts for relevant assets (e.g. U.S. The Commission finds that the proposed rule change is consistent with I. Introduction Treasury securities and currencies) are calculated using a five-day liquidation the requirements of Section 17A of the On April 22, 2014, ICE Clear Credit period and a 99% confidence interval Act.6 The proposed change to ICC’s LLC (‘‘ICC’’) filed with the Securities expected shortfall calculation. Under valuation of maturing securities will and Exchange Commission the proposed rule change, the ensure ICC maintains adequate liquidity (‘‘Commission’’) the proposed rule IntercontinentalExchange, Inc. clearing and the proposed change to ICC’s change SR–ICC–2014–05 pursuant to houses will calculate haircuts for haircut methodology will provide Section 19(b)(1) of the Securities relevant assets using the greater (which appropriate collateral valuation in a 1 Exchange Act of 1934 (‘‘Act’’) and Rule may be rounded to the nearest 1%) of: manner consistent or more conservative 2 19b–4 thereunder. The proposed rule (i) The haircut determined using a five- than existing policy. The proposed change was published for comment in day liquidation period and a 99% changes, therefore, are each consistent

6 17 CFR 200.30–3(a)(12). 3 Securities Exchange Act Release No. 34–72083 4 15 U.S.C. 78s(b)(2)(C). 1 15 U.S.C. 78s(b)(1). (May 2, 2014), 79 FR 26490 (May 8, 2014) (SR–ICC– 5 15 U.S.C. 78q–1(b)(3)(F). 2 17 CFR 240.19b–4. 2014–05). 6 15 U.S.C. 78q–1.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35400 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

with the requirements of Section of the Act 3 and Rule 19b–4(f)(4) acquisition of NYSE.6 On November 29, 17A(b)(3)(F) of the Act 7 of promoting thereunder 4 so that the proposal was 2013, ICE and DTCC announced plans the prompt and accurate clearance and effective upon filing with the to transition the clearing of interest rate settlement of securities transactions Commission. The Commission is futures contracts listed on NYSE Liffe and, to the extent applicable, derivatives publishing this notice to solicit U.S. to ICE Clear Europe and to wind agreements, contracts, and transactions, comments on the proposed rule change down NYPC’s operations.7 and helping to protect investors and the from interested persons. Now that the migration of open public interest. interest in NYSE Liffe U.S. interest rate I. Clearing Agency’s Statement of the futures contracts from NYPC to ICE IV. Conclusion Terms of Substance of the Proposed Clear Europe has been completed, the Rule Change On the basis of the foregoing, the cross-margining agreement between Commission finds that the proposal is The proposed rule change consists of FICC and NYPC (the ‘‘NYPC consistent with the requirements of the amendments to the Government Agreement’’) will be terminated and all Act and in particular with the Securities Division (‘‘GSD’’) Rulebook references to NYPC and the NYPC requirements of Section 17A of the Act 8 (the ‘‘GSD Rules’’) to remove references Arrangement will be removed from the and the rules and regulations to New York Portfolio Clearing, LLC GSD Rules to reflect this change. In thereunder. (‘‘NYPC’’) and the cross-margining addition, FICC will no longer be It is therefore ordered, pursuant to arrangement between NYPC and FICC providing the Commission with the Section 19(b)(2) of the Act,9 that the (the ‘‘NYPC Arrangement’’) from the reports enumerated in Section IV.D of proposed rule change (File No. SR–ICC– GSD Rules, as the NYPC Arrangement is the NYPC Order in light of the 2014–05) be, and hereby is, approved.10 no longer in effect. termination of the NYPC Arrangement. For the Commission, by the Division of II. Clearing Agency’s Statement of the Removal of References to NYPC and the Trading and Markets, pursuant to delegated Purpose of, and Statutory Basis for, the NYPC Arrangement authority.11 Proposed Rule Change FICC is proposing to amend the GSD Kevin M. O’Neill, In its filing with the Commission, Rules as follows: Deputy Secretary. FICC included statements concerning In Rule 1—‘‘Definitions’’, the [FR Doc. 2014–14420 Filed 6–19–14; 8:45 am] the purpose of and basis for the following definitions have been revised BILLING CODE 8011–01–P proposed rule change and discussed any or deleted: comments it received on the proposed The term ‘‘Cross-Margining rule change. The text of these statements Agreement’’ is revised to remove the SECURITIES AND EXCHANGE may be examined at the places specified provision permitting an eligible GSD COMMISSION in Item IV below. FICC has prepared Member to elect to have its Required summaries, set forth in sections A, B Fund Deposit in respect of Eligible [Release No. 34–72396; File No. SR–FICC– and C below, of the most significant Positions at FICC and its (or its 2014–04] aspects of such statements. Permitted Margin Affiliate’s, if applicable) margin requirements in Self-Regulatory Organizations; Fixed (A) Clearing Agency’s Statement of the respect of Eligible Positions at an FCO Income Clearing Corporation; Notice of Purpose of, and Statutory Basis for, the calculated as if such positions were in Filing and Immediate Effectiveness of Proposed Rule Change Proposed Rule Change To Remove a single portfolio, as such provision References to New York Portfolio (i) The purpose of this filing is to relates only to the NYPC Arrangement. Clearing, LLC in the Rules of the remove references to NYPC and the The term ‘‘FCO’’ is revised to remove Government Securities Division and in NYPC Arrangement from the GSD Rules, the reference to NYPC. the Cross-Margining Agreement With as the NYPC Arrangement is no longer The term ‘‘Margin Portfolio’’ is the Chicago Mercantile Exchange in effect. revised to remove the reference to NYPC Accounts. Background June 16, 2014. The term ‘‘Market Professional Pursuant to Section 19(b)(1) of the On February 28, 2011, the Agreement for Cross-Margining’’ is Securities Exchange Act of 1934 Commission approved FICC’s proposed revised to replace the reference to NYPC (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 rule change SR–FICC–2010–09 in order with a reference to the relevant FCO notice is hereby given that on June 9, to allow FICC to offer cross-margining of with whom FICC may, in the future, 2014, Fixed Income Clearing certain cash positions cleared at GSD enter into a cross-margining Corporation (‘‘FICC’’) filed with the with certain interest rate futures arrangement for Market Professional Securities and Exchange Commission positions cleared at NYPC and allow customers. (‘‘Commission’’) the proposed rule margin requirements with respect to The term ‘‘NYPC’’ is removed. change as described in Items I, II and III such eligible cash and futures positions The term ‘‘NYPC Account’’ is below, which Items have been prepared to be calculated as a single portfolio (the removed. 5 The term ‘‘NYPC Market Professional by the clearing agency. FICC filed the ‘‘NYPC Order’’). Account’’ is removed. proposal pursuant to Section 19(b)(3)(A) NYPC is jointly owned by NYSE Euronext (‘‘NYSE’’) and The Depository The term ‘‘NYPC Member’’ is Trust & Clearing Corporation (‘‘DTCC’’), removed. 7 15 U.S.C. 78q–1(b)(3)(F). the parent company of FICC. On 8 15 U.S.C. 78q–1. 6 See IntercontinentalExchange. (2013). 9 November 13, 2013, Intercontinental 15 U.S.C. 78s(b)(2). ‘‘IntercontinentalExchange Completes Acquisition 10 Exchange Group (‘‘ICE’’) completed its In approving the proposed rule change, the of NYSE Euronext’’ [Press release]. Retrieved from Commission considered the proposal’s impact on http://www.nyse.com/press/1385726419589.html. efficiency, competition and capital formation. 15 3 15 U.S.C. 78s(b)(3)(A). 7 See NYSE. (2013). ‘‘IntercontinentalExchange U.S.C. 78c(f). 4 17 CFR 240.19b–4(f)(4). Group and DTCC Announce Plans for Interest Rate 11 17 CFR 200.30–3(a)(12). 5 See Securities Exchange Act Release No. 63986 Futures Listed on NYSE Liffe U.S.’’ [Press release]. 1 15 U.S.C. 78s(b)(1). (Feb. 28, 2011), 76 FR 12144 (Mar. 4, 2011) (SR– Retrieved from http://www.nyse.com/press/ 2 17 CFR 240.19b–4. FICC–2010–09). 1385726419589.html.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35401

The term ‘‘NYPC Original Margin’’ is to a Cross-Margining Affiliate defaulting conducted between CME and FICC (the removed. on its obligations to FICC is removed. ‘‘CME Arrangement’’). Specifically, the The term ‘‘NYPC Proprietary In Rule 22A—‘‘Procedures for When CME Agreement will be amended to Account’’ is removed. the Corporation Ceases to Act’’, delete references to the NYPC The term ‘‘NYPC-Submitted Trade’’ is language in Section 2(b) is removed that Arrangement and the priority it held removed. relates to close-out procedures for a GSD over the CME Arrangement when The term ‘‘Permitted Margin Affiliate’’ Member that has NYPC Accounts determining residual FICC positions is revised to remove the provision included within a Margin Portfolio. that are available for cross-margining allowing an affiliate of a GSD Member In Rule 43—‘‘Cross-Margining with the CME, as well as the right of that is a member of an FCO, but not Arrangements’’, the first paragraph of first offset between NYPC and FICC itself a GSD Member, to be considered Section 1 is revised to remove the when calculating and presenting a Permitted Margin Affiliate for provision permitting an eligible GSD liquidation results under the CME purposing of margining positions Member to elect to have its Required Agreement. The CME Agreement between FICC and the FCO as if such Fund Deposit in respect of Eligible showing the proposed changes is positions were in a single portfolio, as Positions at FICC and its (or its attached hereto as part of Exhibit 5. such provision relates only to the NYPC Permitted Margin Affiliate’s, if (ii) The proposed rule is consistent Arrangement. applicable) margin requirements in with Section 17A(b)(3)(F) 8 of the The term ‘‘VaR Charge’’ is revised to respect of Eligible Positions at an FCO Securities and Exchange Act of 1934, as remove language relating to any calculated as if such positions were in amended, and the rules and regulations positions in a GSD Member’s NYPC a single portfolio, as such provision promulgated thereunder because it will Accounts being grouped into a Margin relates only to the NYPC Arrangement. make certain rule corrections that will Portfolio. The third paragraph of Section 1 is support the prompt and accurate In Rule 3—‘‘Ongoing Membership removed, as it relates to the right of first clearance and settlement of securities Requirements’’, the reference to NYPC offset between NYPC and FICC vis a vis transactions in that such rule acting as a designated Locked-In Trade Cross-Margining Arrangements with corrections will remove references in Source is removed from Section 11 and other FCOs. In Section 2(b), the the GSD Rules to a cross-margining related conforming changes to the provision permitting an affiliate of an arrangement that is no longer in effect. numbering of Section 11 are made. eligible GSD Member to become a Permitted Margin Affiliate for purposes (B) Clearing Agency’s Statement on In Rule 4—‘‘Clearing Fund and Loss Burden on Competition Allocation’’, Sections 1a and 1b are of participating in a Cross-Margining revised to remove language related to Arrangement is removed, as such FICC does not believe that the designated NYPC Accounts being language relates only to the NYPC proposed rule change will have any considered part of a GSD Member’s Arrangement. Similarly, in Section 4, impact, or impose any burden, on Margin Portfolio. Sections 2, 3 and 3b the provision permitting, in certain competition because it relates to the are revised to remove language related circumstances, an eligible GSD Member removal of references in the GSD Rules to NYPC Original Margin in connection that is a Cross-Margining Participant in to a cross-margining arrangement that is with provisions pertaining to the a Cross-Margining Arrangement no longer in effect. required form of a GSD Member’s between FICC and one or more FCOs to (C) Clearing Agency’s Statement on Required Fund Deposit. The provision be treated as insolvent by FICC in the Comments on the Proposed Rule of Section 7(a) pertaining to loss event that its Permitted Margin Affiliate Change Received From Members, allocation if a Margin Portfolio of a is deemed insolvent by an FCO is Participants, or Others Defaulting Member contains NYPC removed, as such language relates only Written comments relating to the Accounts is removed and related to the NYPC Arrangement. proposed rule change have not yet been conforming changes to the numbering of In the ‘‘Schedule of Timeframes’’, solicited or received. FICC will notify Section 7(a) are made. references to computation of NYPC margin and reports related to NYPC the Commission of any written In Rule 6C—‘‘Locked-In Comparison’’, comments received by FICC. Sections 2, 2a, 4 and 8 are revised to margin requirements are removed. In the ‘‘Designated Locked-In Trade remove references to NYPC acting as a III. Date of Effectiveness of the Sources’’ schedule, NYPC is removed as designated Locked-In Trade Source, as Proposed Rule Change and Timing for a designated Locked-In Trade Source. Commission Action well as references to NYPC-Submitted In the ‘‘Cross-Margining Agreements’’ Trades. schedule, the NYPC Agreement is The foregoing rule change has become In Rule 13—‘‘Funds-Only removed. effective pursuant to Section 19(b)(3)(A) Settlement’’, Section 5a pertaining to of the Act and paragraph (f) of Rule Funds-Only Settlement Bank Removal of the NYPC Agreement 19b–4 thereunder. At any time within arrangements for GSD Members that are FICC is proposing to remove the 60 days of the filing of the proposed rule also NYPC Members or that have NYPC Agreement from the GSD Rules, change, the Commission summarily may Permitted Margin Affiliates that are as the NYPC Agreement is no longer in temporarily suspend such rule change if NYPC Members is removed. effect. it appears to the Commission that such In Rule 22—‘‘Insolvency of a Amendment of CME Agreement action is necessary or appropriate in the Member’’, the reference in Section 2(d) public interest, for the protection of to a Permitted Margin Affiliate Removal of the references to NYPC investors, or otherwise in furtherance of defaulting on its obligations to an FCO and the NYPC Arrangement from the the purposes of the Act. with which FICC has a Cross-Margining GSD Rules will necessitate certain Agreement is removed, as such amendments to the agreement between IV. Solicitation of Comments provision of the Permitted Margin the Chicago Mercantile Exchange Interested persons are invited to Affiliate definition relates only to the (‘‘CME’’) and FICC (the ‘‘CME submit written data, views and NYPC Arrangement as described above. Agreement’’) regarding the cross- Similarly, the reference in Section 2(e) margining arrangement currently 8 15 U.S.C. 78q–1(b)(3)(F).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35402 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

arguments concerning the foregoing, SECURITIES AND EXCHANGE companies. Therefore, it is ordered, including whether the proposed rule COMMISSION pursuant to Section 12(k) of the change is consistent with the Act. Securities Exchange Act of 1934, that Comments may be submitted by any of [File No. 500–1] trading in the securities of the above- the following methods: In the Matter of AISystems, Inc. (a/k/a listed companies is suspended for the Electronic Comments Airline Intelligence Systems, Inc.), period from 9:30 a.m. EDT on June 18, 2014, through 11:59 p.m. EDT on July 1, • Baeta Corp., China Jianye Fuel, Inc., Use the Commission’s Internet Cordex Pharma, Inc., Diamondhead 2014. comment form (http://www.sec.gov/ Casino Corporation, Emerald Dairy, By the Commission. rules/sro.shtml); or Inc., and Kentucky Energy, Inc.; Order • Jill M. Peterson, Send an email to rule-comments@ of Suspension of Trading sec.gov. Please include File Number SR– Assistant Secretary. FICC–2014–04 on the subject line. June 18, 2014. [FR Doc. 2014–14558 Filed 6–18–14; 4:15 pm] It appears to the Securities and BILLING CODE 8011–01–P Paper Comments Exchange Commission that there is a • Send paper comments in triplicate lack of current and accurate information to Secretary, Securities and Exchange concerning the securities of AISystems, Commission, 100 F Street NE., Inc. (a/k/a Airline Intelligence Systems, DEPARTMENT OF STATE Washington, DC 20549–1090. Inc.) because it has not filed any All submissions should refer to File periodic reports since the period ended [Delegation of Authority: 375] Number SR–FICC–2014–04. This file March 31, 2012. number should be included on the It appears to the Securities and Delegation of Authority to the subject line if email is used. To help the Exchange Commission that there is a Inspector General for the U.S. Commission process and review your lack of current and accurate information Department of State comments more efficiently, please use concerning the securities of Baeta Corp. only one method. The Commission will because it has not filed any periodic By virtue of the authority vested in post all comments on the Commission’s reports since the period ended me as Secretary of State, including Internet Web site (http://www.sec.gov/ September 30, 2011. Section 1 of the State Department Basic rules/sro.shtml). Copies of the It appears to the Securities and Authorities Act, as amended (22 U.S.C. submission, all subsequent Exchange Commission that there is a 2651a), I hereby delegate to the amendments, all written statements lack of current and accurate information Inspector General for the U.S. with respect to the proposed rule concerning the securities of China Department of State, to the extent change that are filed with the Jianye Fuel, Inc. because it has not filed authorized by law, the authority under Commission, and all written any periodic reports since the period Section 61 of the State Department Basic communications relating to the ended March 31, 2011. Authorities Act, as amended (22 U.S.C. proposed rule change between the It appears to the Securities and 2733), to waive the application of the Commission and any person, other than Exchange Commission that there is a provisions of 5 U.S.C. 8344 or 8468 on those that may be withheld from the lack of current and accurate information a case-by-case basis, for the public in accordance with the concerning the securities of Cordex reemployment of annuitants in the provisions of 5 U.S.C. 552, will be Pharma, Inc. because it has not filed any Office of the Inspector General (OIG) available for Web site viewing and periodic reports since the period ended under the Civil Service Retirement printing in the Commission’s Public September 30, 2009. System and Federal Employees’ Reference Room, 100 F Street NE., It appears to the Securities and Retirement System; provided that, the Washington, DC 20549 on official Exchange Commission that there is a total number of annuitants to whom a business days between the hours of lack of current and accurate information waiver by the Inspector General under 10:00 a.m. and 3:00 p.m. Copies of the concerning the securities of this delegation applies may not exceed filing also will be available for Diamondhead Casino Corporation 5 percent of the total number of full- inspection and copying at the principal because it has not filed any periodic time Civil Service employees in the reports since the period ended June 30, office of FICC. All comments received OIG. will be posted without change; the 2011. It appears to the Securities and This delegation of authority is not Commission does not edit personal intended to revoke, amend, or otherwise identifying information from Exchange Commission that there is a lack of current and accurate information affect the validity of any other submissions. You should submit only delegation of authority. information that you wish to make concerning the securities of Emerald available publicly. All submissions Dairy, Inc. because it has not filed any Any act, executive order, regulation, should refer to File Number SR–FICC– periodic reports since the period ended or procedure subject to, or affected by, 2014–04 and should be submitted on or June 30, 2011. this delegation shall be deemed to be before July 11, 2014. It appears to the Securities and such act, executive order, regulation, or Exchange Commission that there is a procedure as amended from time to For the Commission, by the Division of lack of current and accurate information time. Trading and Markets, pursuant to delegated concerning the securities of Kentucky authority.9 Energy, Inc. because it has not filed any Notwithstanding this delegation of Kevin M. O’Neill, periodic reports since the period ended authority, the Secretary may at any time Deputy Secretary. March 31, 2011. exercise any authority or function [FR Doc. 2014–14442 Filed 6–19–14; 8:45 am] The Commission is of the opinion that delegated by this delegation of BILLING CODE 8011–01–P the public interest and the protection of authority. investors require a suspension of trading This delegation of authority shall be 9 17 CFR 200.30–3(a)(12). in the securities of the above-listed published in the Federal Register.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35403

Dated: May 28, 2014. ACTION: Notice; solicitation of On December 4, 2013, NuStar John F. Kerry, comments. submitted an application to the Secretary of State. Department requesting a new [FR Doc. 2014–14496 Filed 6–19–14; 8:45 am] SUMMARY: NuStar Logistics, L.P. Presidential Permit for the Dos Laredos (NuStar) has applied to the U.S. BILLING CODE 4710–42–P Pipeline. The Department has Department of State (Department) for a concluded, consistent with NEPA, that Presidential Permit to replace a 2003 it will prepare a Supplemental EA to DEPARTMENT OF STATE Presidential Permit issued to Valero determine whether the proposed action Logistics Operations L.P. to construct, may have a significant impact on the Authority To Accept Volunteer connect, operate, and maintain pipeline human environment. Services From Students facilities (the Dos Laredos Pipeline) The purpose of this Notice of Intent crossing the international border is to inform the public about the By virtue of the authority vested in between the United States and Mexico proposed action, announce plans for the Secretary of State by the laws of the at a location on the Rio Grande River determining the scope of the review, United States, including 22 U.S.C. known as ‘‘La Bota,’’ approximately six invite public participation in the 2651a and 5 U.S.C. 3111 (‘‘Section miles northwest of downtown Laredo, scoping process, and solicit public 3111’’), and delegated to me by Texas. Specifically, NuStar requests a comments for consideration in Delegation of Authority 198, dated Presidential Permit that: (1) Reflects establishing the scope and content of September 16, 1992, to the extent NuStar’s name change from Valero the Supplemental EA. authorized by law and pursuant to Logistics Operations, L.P. to NuStar DATES: Submit comments on or before subsection (b) of Section 3111, I hereby Logistics, L.P., as the owner and August 4, 2014. The public scoping delegate the authority of the Secretary to operator of the Dos Laredos Pipeline period starts with the publication of this accept voluntary services for the United crossing the international boundary; and Notice in the Federal Register on June States to the following Department (2) expands the types of products that 20, 2014 and will continue until August officials: may be transported through the 4, 2014. Written and electronic • Assistant Secretary for the Bureau pipeline. The 2003 Presidential Permit comments will be given equal weight of Consular Affairs; and only allows shipment of liquefied and the Department will consider all • Legal Adviser. petroleum gas (LPG), while NuStar now comments received or postmarked by This authority is limited to the proposes to transport other specifically August 4, 2014 in determining the scope acceptance of voluntary services defined petroleum products, including and content of the Supplemental EA. provided by law students who are filling diesel. ADDRESSES: Parties may submit legal extern and intern positions. On December 30, 2003, the comments on the scope and content of Any official action within the scope of Department issued a ‘‘Finding of No the Supplemental EA through the this delegation taken prior to the Significant Impact and Summary Federal eRulemaking Portal (http:// effective date of this delegation, by Environmental Assessment; Valero www.regulations.gov) by entering the officers in the positions named above, Logistics LP Pipeline in Webb County, Docket No. DOS–2014–0013 and are hereby continued in effect, TX,’’ applicable to the Dos Laredos following the prompts. Written according to their terms, until modified, Pipeline (the 2003 Environmental comments should be addressed to: Mr. revoked, or superseded by authorized Finding). In the 2003 Environmental Travis Grout, U.S. Department of State, action. Finding, the Department described the 2201 C Street NW., Room 2726, Notwithstanding this delegation of proposed Dos Laredos Pipeline as being Washington, DC 20520. authority, the Secretary, the Deputy designed to transport up to 32,400 Comments are not private. They will Secretary, the Deputy Secretary for barrels (1.36 million gallons) of LPG be posted on the site http:// Management and Resources, and the daily from the United States to Mexico. www.regulations.gov. The comments Under Secretary of State for The Department concluded that will not be edited to remove identifying Management may at any time exercise issuance of a Presidential Permit or contact information, and the State the authority herein delegated. authorizing the proposed Dos Laredos Department cautions against including This delegation of authority will be Pipeline would have no significant any information that one does not want published in the Federal Register. impact on the quality of the human publicly disclosed. The State Dated: May 20, 2014. environment within the United States, Department requests that any party Patrick F. Kennedy, and further determined that granting a soliciting or aggregating comments Under Secretary of State for Management. Presidential Permit for the Dos Laredos received from other persons for [FR Doc. 2014–14483 Filed 6–19–14; 8:45 am] Pipeline would serve the national submission to the State Department BILLING CODE 4710–08–P interest. inform those persons that the State In accordance with the 2003 Department will not edit their Environmental Finding and the 2003 comments to remove identifying or DEPARTMENT OF STATE Presidential Permit, the Dos Laredos contact information, and that they Pipeline was constructed and went into should not include any information in [Public Notice: 8770] service in 2004. The owner, Valero their comments that they do not want Intent To Prepare a Supplemental Logistics Operations, L.P., changed its publicly disclosed. Environmental Assessment name to NuStar Logistics, L.P. on April FOR FURTHER INFORMATION CONTACT: (Supplemental EA) and To Conduct 1, 2007. In June 2011, NuStar Office of Environmental Quality and Scoping Consistent With the National temporarily suspended transportation of Transboundary Issues, Attn: Mr. Travis Environmental Policy Act of 1969 LPG on the Dos Laredos Pipeline. Grout, U.S. Department of State, 2201 C (NEPA) for Proposed Changes to the NuStar has continued to maintain the Street NW., Room 2726, Washington, NuStar Dos Laredos Pipeline pipeline with the intent to place the DC 20520. Tel: (202) 647–4284. pipeline back into active service in Project details and environmental AGENCY: Department of State. 2014. information on the NuStar application

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35404 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

for a Presidential Permit, as well as the The Supplemental EA Process Street NW., Washington DC (please note Presidential Permit process, are The Department, consistent with pre-clearance instructions below). downloadable from the following Web NEPA, will prepare the Supplemental Written comments will be received until site: http://www.state.gov/e/enr/ EA to determine whether the approval July 7, 2014. applicant/applicants/index.htm. of a Presidential Permit for NuStar to FOR FURTHER INFORMATION CONTACT: Paul SUPPLEMENTARY INFORMATION: transport a broader range of petroleum Najarian, [email protected] 202– products, including diesel, using the 647–7847. Project Description Dos Laredos Pipeline would result in SUPPLEMENTARY INFORMATION: The significant impacts to the human Department is considering the renewal The Dos Laredos Pipeline is an 8 and environment. The Department will also 5 of the ITAC charter; and, to assist in this ⁄8 inch outer diameter pipeline at the evaluate reasonable alternatives, process, we will hold a public meeting United States-Mexico border that including a ‘‘no action’’ alternative, to to discuss the operation of the ITAC and connects the NuStar terminal in Laredo, the proposed project or portions of the suggestions on making it a more Texas, with a terminal in Nuevo Laredo, project. Below, the Department invites effective avenue for providing advice to Tamaulipas, Mexico. The U.S. portion interested parties to submit comments the Department. The current ITAC of the Dos Laredos Pipeline consists of to assist in determining the appropriate charter (which expires on August 9, approximately 10.6 miles of pipeline scope and content of that Supplemental 2014) can be found at http:// from the NuStar terminal in Laredo, EA. facadatabase.gov/ Texas to the Rio Grande crossing The Department will select a Third- download.aspx?fn=Charters/ approximately six miles northwest of Party Contractor to assist with 1846_2014.03.25_United States downtown Laredo, Texas. The Mexican preparation of the Supplemental EA and International Telecommunication portion consists of approximately 1.5 related tasks. The draft and final Advisory Committee Charter_(2014-03- kilometers of pipeline from the Rio Supplemental EA will be prepared 25-11-22-20).pdf. Grande crossing to the Nuevo Laredo under the direction of the Department. The public meeting will provide a terminal. A draft Supplemental EA will be forum for the public, including NuStar has requested authorization to released to the public and distributed to interested stakeholders, to provide expand the types of products that may relevant government agencies and views on whether the ITAC should be be transported through the pipeline to stakeholders. Once the draft rechartered, and suggestions on possible include LPG and other specified Supplemental EA is published, all restructuring of the committee. We interested parties will have an petroleum products, including diesel. especially invite comment on the opportunity to provide specific Specifically, NuStar has requested a following questions: comments or concerns about the draft Presidential Permit that allows 1. How frequently should the ITAC Supplemental EA. The Department will transportation of any petroleum product meet and where? consider all timely submissions that, by American Society for Testing 2. Should there be a phone bridge for received about the draft Supplemental ITAC meetings? Materials test methods,: (1) EA and will incorporate them, as Substantially distills below 700 degrees 3. The Federal Advisory Committee appropriate, into the final Supplemental Act requires the membership of the Fahrenheit; (2) has a Reid vapor EA. advisory committee to be fairly balanced pressure not exceeding 28 pounds at in terms of the points of view 100 degrees Fahrenheit; and (3) is a Dated: June 16, 2014. represented and the functions to be color not darker than No. 3. NuStar’s Deborah Klepp, performed by the advisory committee. request excludes certain petroleum Director, Office of Environmental Quality and Individuals representing themselves products legally prohibited from being Transboundary Issues, Department of State. [FR Doc. 2014–14499 Filed 6–19–14; 8:45 am] cannot be members of a Federal exported by statute or regulation. As Advisory Committee. BILLING CODE 4710–09–P stated above, the 2003 Presidential a. What should the Department Permit only allows shipment of LPG. No consider when naming representatives substantial physical changes to the DEPARTMENT OF STATE of entities to the ITAC? pipeline would be required to transport b. Should the Department limit the the expanded range of petroleum [Public Notice: 8769] number of members of the ITAC? Note: products. NuStar expects to transport no ITAC meetings are open to the public. Public Meeting on the Renewal of the more than 24,000 barrels per day of 4. The Department established an Charter of the U.S. International refined petroleum products, in contrast email list as a convenient means of Telecommunications Advisory to the 32,400 barrels per day of LPG that communicating with regard to the ITAC. Committee the Dos Laredos Pipeline has a. Should the Department continue transported, because of differences in AGENCY: Department of State. using the email list? viscosity and flow characteristics. While ACTION: Notice of public meeting. b. Should members of the list be able the proposed operational change in to transmit email to the list, or should products would require some physical SUMMARY: The Department of State it be ‘‘read only’’ for the list members? change of pipeline facilities within the (Department) will hold a public meeting c. What types of communication on U.S. terminal, NuStar is not proposing to discuss the rechartering of the an email list would help advance the any construction on the U.S. portion of International Telecommunications work of the advisory committee? the Dos Laredos Pipeline facilities Advisory Committee (ITAC), a d. What is inappropriate use of the outside the fence line of the U.S. Department federal advisory committee. email list and how should the terminal and no specific support This notice announces the meeting and Department address it? infrastructure or access roads are provides the agenda. This meeting is open to public necessary or required by state or DATES: The public meeting will be held participation, though seating is limited. regional plans with respect to the on June 30, 2014, at 2 p.m. ET in Room Entry to the building is controlled. To border-crossing facilities. 4835, Harry S Truman Building, 2201 C obtain pre-clearance for entry, a member

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35405

of the public planning to attend should Fort Collins, CO 80525. The meeting be sent to the person listed under FOR provide, by June 24, 2014, his or her will be held from 8:30 a.m. to 4:00 p.m. FURTHER INFORMATION CONTACT. name; valid government-issued ID on July 22, 2014 and from 8:30 a.m. to Record of the Meeting number (i.e., U.S. Government ID, U.S. 12:30 p.m. on July 23, 2014. This military ID, passport, or drivers license); NPOAG meeting will be open to the If you cannot attend the NPOAG date of birth; and citizenship, to Paul public. meeting, a summary record of the meeting will be made available under Najarian, [email protected] 202– FOR FURTHER INFORMATION CONTACT: the NPOAG section of the FAA ATMP 647–7847. All persons wishing to attend Keith Lusk, AWP–1SP, Special Web site at: http://www.faa.gov/about/ the meeting must use the 23rd Street Programs Staff, Federal Aviation office_org/headquarters_offices/arc/ entrance of the Harry S Truman Administration, Western-Pacific Region programs/air_tour_management_plan/ Building. Because of escorting Headquarters, P.O. Box 92007, Los parks_overflights_group/minutes.cfm or requirements, non-Government Angeles, CA 90009–2007, telephone: through the Special Programs Staff, attendees should plan to arrive 15 (310) 725–3808, email: Keith.Lusk@ Western-Pacific Region, P.O. Box 92007, minutes before the meeting begins. faa.gov. Requests for reasonable accommodation, Los Angeles, CA 90009–2007, including requests for a phone bridge, SUPPLEMENTARY INFORMATION: telephone: (310) 725–3808. should be made to Paul Najarian before Background Issued in Hawthorne, CA, on June 12, June 24th. Requests made after that date 2014. The National Parks Air Tour will be considered, but might not be Keith Lusk, possible to fulfill. Management Act of 2000 (NPATMA), enacted on April 5, 2000, as Public Law Program Manager, Special Programs Staff, Personal data is requested pursuant to Western-Pacific Region. Pub. L. 99–399 (Omnibus Diplomatic 106–181, required the establishment of the NPOAG within one year after its [FR Doc. 2014–14366 Filed 6–19–14; 8:45 am] Security and Antiterrorism Act of 1986), BILLING CODE 4910–13–P as amended; Pub. L. 107–56 (USA enactment. The Act requires that the PATRIOT Act); and Executive Order NPOAG be a balanced group of representatives of general aviation, 13356. The purpose of the collection is DEPARTMENT OF TRANSPORTATION to validate the identity of individuals commercial air tour operations, who enter Department facilities. The environmental concerns, and Native Federal Highway Administration data will be entered into the Visitor American tribes. The Administrator of Access Control System (VACS–D) the FAA and the Director of NPS (or Notice of Final Federal Agency Actions database. Please see the Security their designees) serve as ex officio on Proposed Highway in California Records System of Records Notice members of the group. Representatives of the Administrator and Director serve AGENCY: Federal Highway (State-36) at http://www.state.gov/ Administration (FHWA), DOT. documents/organization/103419.pdf for alternating 1-year terms as chairperson ACTION: Notice of Limitation on Claims additional information. of the advisory group. The duties of the NPOAG include for Judicial Review of Actions by the Dated: June 16, 2014. providing advice, information, and California Department of Transportation Julie N. Zoller, recommendations to the FAA (Caltrans), pursuant to 23 U.S.C. 327. Senior Deputy Coordinator, International Administrator and the NPS Director on; SUMMARY: The FHWA, on behalf of Communication & Information Policy, implementation of Public Law 106–181; Caltrans, is issuing this notice to Designated Federal Officer, ITAC. quiet aircraft technology; other announce actions taken by Caltrans, that [FR Doc. 2014–14503 Filed 6–19–14; 8:45 am] measures that might accommodate are final within the meaning of 23 BILLING CODE 4710–07–P interests to visitors of national parks; U.S.C. 139(l)(1). The actions relate to a and at the request of the Administrator proposed highway project, 24th Street and the Director, on safety, Improvement Project, from the DEPARTMENT OF TRANSPORTATION environmental, and other issues related southbound State Route 99 ramp to commercial air tour operations over intersection to 0.2 mile east of M Street, Federal Aviation Administration national parks or tribal lands. for a distance of about 2.1 miles, and Notice of Meeting of the National Parks Agenda for the July 22–23, 2014 improvements on State Route 99 for the Overflights Advisory Group Aviation NPOAG Meeting northbound auxiliary lane from 1,500 Rulemaking Committee The agenda for the meeting will feet south of and to the Kern River Bridge in the County of Kern, State of ACTION: Notice of meeting. include, but is not limited to, an update on ongoing park specific air tour California. Those actions grant licenses, SUMMARY: The Federal Aviation planning projects, commercial air tour permits, and approvals for the project. Administration (FAA) and the National reporting, and agency research on DATES: By this notice, the FHWA, on Park Service (NPS), in accordance with effects of aircraft noise on park visitors. behalf of Caltrans, is advising the public the National Parks Air Tour of final agency actions subject to 23 Management Act of 2000, announce the Attendance at the Meeting and U.S.C. 139(l)(1). A claim seeking next meeting of the National Parks Submission of Written Comments judicial review of the Federal agency Overflights Advisory Group (NPOAG) Although this is not a public meeting, actions on the highway project will be Aviation Rulemaking Committee (ARC). interested persons may attend. Because barred unless the claim is filed on or This notification provides the date, seating is limited, if you plan to attend before November 17, 2014. If the Federal location, and agenda for the meeting. please contact the person listed under law that authorizes judicial review of a Date and Location: The NPOAG ARC FOR FURTHER INFORMATION CONTACT so claim provides a time period of less will meet on July 22–23, 2014. The that meeting space may be made to than 150 days for filing such claim, then meeting will take place in the Windsor accommodate all attendees. Written that shorter time period still applies. Room of the Fort Collins Marriott comments regarding the meeting will be FOR FURTHER INFORMATION CONTACT: located at 350 East Horsetooth Road, accepted directly from attendees or may California Department of

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35406 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Transportation, Jennifer Taylor, Office 4. Wildlife: Federal Endangered SUMMARY: In accordance with the Chief, Division Management Southern Species Act [16 U.S.C. 1531–1543]; Fish procedures governing the application San Joaquin Valley, 855 M Street, Suite and Wildlife Coordination Act [16 for, and the processing of, special 200, Fresno, CA 93721, (559) 445–6455, U.S.C. 661–666(C); Migratory Bird permits from the Department of [email protected], Mon.–Fri. Treaty Act [16 U.S.C. 760c–760g]. Transportation’s Hazardous Material 7:00 a.m.–3:30 p.m. PDT. 5. Historic and Cultural Resources: Regulations (49 CFR Part 107, Subpart SUPPLEMENTARY INFORMATION: Effective Section 106 of the National Historic B), notice is hereby given that the Office July 1, 2007, the FHWA assigned, and Preservation Act of 1966, as amended of Hazardous Materials Safety has Caltrans assumed, environmental [16 U.S.C. 470(f) et seq.]; Archeological received the applications described responsibilities for this project pursuant Resources Protection Act of 1977 [16 herein. This notice is abbreviated to to 23 U.S.C. 327. Notice is hereby given U.S.C. 470(aa)–470(ll)]; Archeological expedite docketing and public notice. that the Caltrans, has taken final agency and Historic Preservation Act [16 U.S.C. Because the sections affected, modes of actions subject to 23 U.S.C. 139(l)(1) by 469–469(c)]; Native American Grave transportation, and the nature of issuing licenses, permits, and approvals Protection and Repatriation Act application have been shown in earlier for the following highway project in the (NAGPRA) [25 U.S.C. 3001–3013]. Federal Register publications, they are State of California: 24th Street 6. Social and Economic: NEPA not repeated here. Requests for Improvement Project on State Route 58 implementation [23 U.S.C. 109(h)]; Civil modification of special permits (e.g. to west of State Route 99, and on State Rights Act of 1964 [42 U.S.C. 2000(d)– provide for additional hazardous Route 178 east of State Route 99, in the 2000(d)(1)]. materials, packaging design changes, City of Bakersfield in Kern County, 7. Wetlands and Water Resources: additional mode of transportation, etc.) California. Caltrans proposes to widen Clean Water Act [33 U.S.C. 1344]; Wild are described in footnotes to the roadways and make intersection and and Scenic Rivers Act [16 U.S.C. 1271– application number. Application interchange improvements along 24th 1287]. numbers with the suffix ‘‘M’’ denote a 8. Executive Orders: E.O. 11990 Street. In addition to proposed modification request. These Protection of Wetlands; E.O. 13112 improvements along 24th Street, a applications have been separated from Invasive Species; E.O. 11988 Floodplain northbound auxiliary lane along State the new application for special permits management; E.O. 12898 Federal actions Route 99 south of 24th Street is to facilitate processing. planned. The total length of the project to Address Environmental Justice in area is 2.1 miles. The actions by the Minority Populations and Low Income DATES: Comments must be received on Federal agencies, and the laws under Populations. or before July 7, 2014. which such actions were taken, are (Catalog of Federal Domestic Assistance Address Comments To: Record described in the Environmental Program Number 20.205, Highway Planning Center, Pipeline and Hazardous Assessment (EA) with Finding of No and Construction. The regulations Materials Safety Administration U.S. Significant Impact (FONSI) and Section implementing Executive Order 12372 Department of Transportation 4(f) Evaluation for the project, approved regarding intergovernmental consultation on Federal programs and activities apply to this Washington, DC 20590. on February 13, 2014, and in other program.) Comments should refer to the documents in the FHWA project Authority: 23 U.S.C. 139(l)(1). application number and be submitted in records. The EA/FONSI and Section 4(f) triplicate. If confirmation of receipt of Dated: June 16, 2014. Evaluation, and other project records are comments is desired, include a self- available by contacting Caltrans at the Jermaine Hannon, addressed stamped postcard showing address provided above. The Caltrans Acting Director, Project Delivery, Federal the special permit number. EA/FONSI and Section 4(f) Evaluation Highway Administration, Sacramento, can be viewed and downloaded from California. FOR FURTHER INFORMATION CONTACT: the project Web site at: http:// [FR Doc. 2014–14478 Filed 6–19–14; 8:45 am] Copies of the applications are available www.dot.ca.gov/dist6/. BILLING CODE 4910–RY–P for inspection in the Records Center, This notice applies to all Federal East Building, PHH–30, 1200 New agency decisions as of the issuance date Jersey Avenue Southeast, Washing-ton of this notice and all laws under which DEPARTMENT OF TRANSPORTATION DC or at http://regulations.gov. such actions were taken, including but Pipeline And Hazardous Materials This notice of receipt of applications not limited to: for modification of special permit is 1. General: National Environmental Safety Administration published in accordance with Part 107 Policy Act (NEPA) [42 U.S.C. 4321– of the Federal hazardous materials 4335]. Office of Hazardous Materials Safety; 2. Air: Clean Air Act [23 U.S.C. 109 Notice of Applications for Modification transportation law (49 U.S.C. 5117(b); (j) and 42 U.S.C 7521(a)]. of Special Permit 49 CFR 1.53(b)). 3. Land: Section 4(f) of the AGENCY: Pipeline and Hazardous Issued in Washington, DC, on June 12, Department of Transportation Act of Materials Safety Administration 2014. 1966 [23 U.S.C. 138 and 49 U.S.C. 303]; (PHMSA), DOT. Donald Burger, Wild and Scenic Rivers Act [16 U.S.C. ACTION: List of Applications for Chief, General Approvals and Permits. 1271–1287]; The Public Health and Modification of Special Permits Welfare [42 U.S.C. 4331 (b)(2)]. Modification Special Permits

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

11834–M ...... Ashland, Inc. Dublin, OH 49 CFR 173.173, 173.202 To modify the special permit to authorize two Class 173.203, and 8 materials. 172.301(c).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35407

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

11903–M ...... Comptank Corporation 49 CFR 107.503(b), To modify the special permit to authorize a 54-inch Bothwell, ON. 172.102(c)(3) SP B15 diameter, 312-inch length, single rib vessel with a and B23, 173.241, design pressure of 35 psig. 173.242, 173.243, 178.345–1, –2, –3, –4, –7, –14 and –15, 180.405,180.413(d). 11911–M ...... Transfer Flow, Inc. Chico, 49 CFR 177.834(h), and To modify the special permit to authorize and design CA. 178.700(c)(1). flexibility in lieu of modifying the special permit for each design change. 13027–M ...... Hernco Fabrication Serv- 49 CFR 173.202, To modify the special permit to authorize a new ices Midland, TX. 173.203, 173.241, vent. 173.242, and 173.243. 14919–M ...... TK Holdings Inc./Takata 49 CFR 173.301(a), To modify the special permit to remove the speci- Armada, MI. 173.302a, and fications for cylinder sizes and water capacities. 178.65(f)(2). 15428–M ...... National Aeronautics and 49 CFR 172.300, 172.400 To modify the special permit to authorize Divison Space Administration and Part 173. 1.3C, 1.4C and 1.4S materials in non-DOT speci- (NASA) Washington, fication packagings. DC. 15448–M ...... U.S. Department of De- 49 CFR 172.320, 173.51, To modify the special permit to authorize packagings fense Scott AFB, IL. 173.56, 173.57 173.58. that have not been specifically and approved.

[FR Doc. 2014–14182 Filed 6–19–14; 8:45 am] Transportation’s Hazardous Material Comments should refer to the BILLING CODE 4909–60–M Regulations (49 CFR Part 107, Subpart application number and be submitted in B), notice is hereby given that the Office triplicate. If confirmation of receipt of of Hazardous Materials Safety has comments is desired, include a self- DEPARTMENT OF TRANSPORTATION received the application described addressed stamped postcard showing the special permit number. Pipeline and Hazardous Materials herein. Each mode of transportation for Safety Administration which a particular special permit is FOR FURTHER INFORMATION CONTACT: requested is indicated by a number in Copies of the applications are available Office of Hazardous Materials Safety; the ‘‘Nature of Application’’ portion of for inspection in the Records Center, Notice of Application for Special the table below as follows: 1—Motor East Building, PHH–30, 1200 New Permits vehicle, 2—Rail freight, 3—Cargo vessel, Jersey Avenue Southeast, Washington 4—Cargo aircraft only, 5—Passenger- DC or at http://regulations.gov. AGENCY: Pipeline and Hazardous carrying aircraft. This notice of receipt of applications Materials Safety Administration for special permit is published in (PHMSA), DOT. DATES: Comments must be received on accordance with Part 107 of the Federal ACTION: List of Applications for Special or before August 19, 2014. hazardous materials transportation law Permits. ADDRESSES: Address Comments to: (49 U.S.C. 5117(6); 49 CFR 1.53(b)). SUMMARY: In accordance with the Record Center, Pipeline and Hazardous Issued in Washington, DC, on June 12, procedures governing the application Materials Safety Administration, U.S. 2014. for, and the processing of, special Department of Transportation, Donald Burger, permits from the Department of Washington, DC 20590. Chief, General Approvals and Permits.

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

NEW SPECIAL PERMITS

16163–N ...... The Dow Chemical Company, Mid- 49 CFR 180.605(h)(3) To authorize that the required 5 year test on land, MI. UN portable MI tanks used in the transport of a Division 4.3 material be performed pneumatically (with nitrogen) rather than with water. (modes 1, 2, 3, 4). 16165–N ...... HRD Aero Systems, Inc., Valencia, 49 CFR 173.302a ...... To authorize the manufacture, marking and CA. sale of a non-DOT specification pressure vessel comparable to a DOT–3HT cylinder for the transportation of compressed gas. (modes 1, 2, 4, 5). 16166–N ...... Sparkle International, Inc., Bed- 49 CFR 173.6(a)(1)(ii) To authorize the transportation in commerce of ford, OH. a Class 8, PG II material in a custom de- signed packaging as a material of trade when the mass or capacity limits are ex- ceeded. (mode 1).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35408 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof

16169–N ...... JCR Construction Company, Inc., 49 CFR Table To authorize the transportation in commerce of Raymond, NH. § 172.101, Col- certain hazardous materials by 14 CFR Part umn(9B), 133 Rotorcraft External Load Operations § 172.204(c)(3), transporting hazardous materials attached to § 173.27(b)(2) or suspended from an aircraft, in remote § 175.30(a)(1) areas of the US only, without being subject § 172.200, 172.300, to hazard communication requirements, and 172.400. quantity limitations and certain loading and stowage requirements. (mode 4) 16170–N ...... Hydro Stat LLC, Holly, MI ...... 49 CFR 180.213(b)(2) To authorize the removal of certain requalifica- tion markings from DOT–3AL cylinders that have previously been retested in accord- ance with DOT–SP 14546 or DOT–SP 14854, to allow them to be returned to a 5 year hydrostatic retest schedule and elimi- nate the need for quality control for the gases to be used. (modes 1, 2, 3, 4, 5). 16171–N ...... O’Reilly Automotive Stores, Inc., 49 CFR 173.159 ...... To authorize the transportation in commerce of Springfield, MO. batteries in alternative packaging by motor vehicle. (mode 1). 16172–N ...... Entegris, Inc., Danbury, CT ...... 49 CFR 173.301(f) ...... To authorize the transportation in commerce of a Zone B toxic by inhalation gas in a DOT3AA cylinder that is fitted with an alter- native pressure relief device. (modes 1, 3). 16174–N ...... Goal Zero, Bluffdale, UT ...... 49 CFR 173.185(a)(1) To authorize the transportation in commerce of certain lithium batteries that do not have the original UN test certifications by motor vehi- cle. (mode 1) 16175–N ...... National Aeronautics and Space 49 CFR 173.56, To authorize the transportation in commerce of Administration (NASA), Wash- 173.302a and a Division 1.4S explosive without an EX ington, DC. 173.304a. classification approval and carbon dioxide in a non-DOT specification cylinder. (modes 1, 3) 16178–N ...... National Aeronautics and Space 49 CFR 173.302a ...... To authorize the transportation in commerce of Administration (NASA), Wash- compressed gases in non-DOT specification ington, DC. cylinders. (modes 1, 3).

[FR Doc. 2014–14181 Filed 6–19–14; 8:45 am] ACTION: Notice of actions on Special as follows: 1—Motor vehicle, 2—Rail BILLING CODE 4909–60–M Permit Applications. freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passenger-carrying SUMMARY: In accordance with the aircraft, Application numbers prefixed DEPARTMENT OF TRANSPORTATION procedures governing the application by the letters EE represent applications for, and the processing of, special for Emergency Special Permits. It Pipeline and Hazardous Materials permits from the Department of should be noted that some of the Safety Administration Transportation’s Hazardous Material sections cited were those in effect at the Regulations (49 CFR Part 107, Subpart time certain special permits were Office of Hazardous Materials Safety 13), notice is hereby given of the actions issued. on special permits applications in (May Issued in Washington, DC, on: June 12, AGENCY: Pipeline and Hazardous to May 2014). The mode of 2014. Materials Safety Administration transportation involved are identified by (PHMSA), DOT. a number in the ‘‘Nature of Donald Burger, Application’’ portion of the table below Chief, Special Permits and Approvals Branch.

S.P No. Applicant Regulation(s) Nature of special permit thereof

MODIFICATION SPECIAL PERMIT GRANTED

12184–M ...... Weldship Corporation Beth- 49 CFR 180.209(a), To modify the special permit to authorize accordance with lehem, PA. 180.205(c), (f), (g) and (i), ISO 11120, update the minimum wall thickness table, and UN cylinders update the rejection criteria table to include outside diame- 173.302a(b)(2), manufac- ters of 18″ to 22″ for DOT 3AAX cylinders. tured in (3), (4) and (5), and 180.213. 15448–M ...... U.S. Department of Defense 49 CFR 172.320, 173.51, To modify the special permit to authorize Class 2, 3, 4, 5, 6, Scott AFB, IL. 173.56, 173.57 and 173.58. 7, 8, and 9 materials under interim hazard class. 15735–M ...... W.R. Grace & Co.-Conn. Co- 49 CFR 173.242(d) ...... To modify the special permit to authorize Divison 4.2 mate- lumbia, MD. rials.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35409

S.P No. Applicant Regulation(s) Nature of special permit thereof

13997–M ...... Maritime Helicopters, Inc. 49 CFR 172.101(9b), To modify the special permit to authorize an increase in port- Homer, AK. 172.204(c)(3), 173.27(6)(2), able tank capacity and the addition of Class 3 materials. 175.30(a)(1), 172.200, 172.300, 172.400, 175.75, 172.301(c), 172.302(c), and Part 178. 15335–M ...... Seastar Chemicals Inc. Sid- 49 CFR 173.158(f)(3) ...... To modify the special permit to authorize alternative threaded ney, BC. closure caps. 12362–M ...... U.S. Department of Defense 49 CFR 176.164(c) ...... To modify the special permit to authorize all Government Scott AFB, IL. owned Maritime Prepostioning Ships to use alternative stowage.

NEW SPECIAL PERMIT GRANTED

15863–N ...... Baker Hughes Oilfield Oper- 49 CFR 173.301(a), 173.301(f) To authorize the transportation in commerce of compressed ations Inc. Houston, TX. and 173.302a. nitrogen in a non-DOT specification cylinder that is not equipped with a pressure relief device. (modes 1, 2, 3, 4). 15882–N ...... Ryan Air Inc. Anchorage, AK .. 49 CFR 172.101 Table Col- To authorize the transportation in commerce of certain Class umn (9B), 173.27 and 3 fuels in non-DOT specification bulk packaging by cargo 173.243. aircraft. (mode 4). 16015–N ...... GPI Corporation Schofield, WI 49 CFR 173.240, 173.241, To authorize the manufacture, marking, sale and use of non- 173.242 and 173.243. DOT specification cargo tanks similar to DOT 407 and 412 cargo tanks. (mode 1). 16024–N ...... Manulwa Airways, Inc. Hilo, HI 49 CFR 175.9(a) ...... To authorize the transportation in commerce of certain haz- ardous materials by external load. (mode 4). 16017–N ...... Transportation Security Admin- 49 CFR Part 107, Subpart B, To authorize the shipment of radiation detection survey me- istration Arlington, VA. Appendix B; Part 172, Sub- ters containing a Division 2.2 compressed gas in the pas- part C; 173.25, 175.85. senger compartment of commercial aircraft. (mode 5). 16037–N ...... E.I. duPont de Nemours and 49 CFR 173.242 ...... To authorize the transportation in commerce of a Class 8 cor- Company Wilmington, DE. rosive) solid in UN50G large packagings. (modes 1, 2, 3). 16087–N ...... Textron Defense Systems 49 CFR 172.101 Column (9B) To authorize the offering for transportation in commerce of (TDS) Wilmington, MA. certain Class 1 explosive materials which are forbidden for transportation by cargo only aircraft. (mode 4). 16106–N ...... New England Primate Re- 49 CFR 173.199(a)(1) ...... To authorize the one-time one-way transportation in com- search Center merce of lice, non-human primates (NHPs) infected with Di- Southborough, MA. vision 6.2 (infectious substance) materials. (mode 1). 16092–N ...... Swift River Air, LLC Anchor- 49 CFR 49 CFR 172.101 Col- To authorize the transportation in commerce of certain flam- age, AK. umn (8C), 173.241, mable and combustible liquids in alternative packaging hav- 173.242, 175.310. ing a capacity of 119 gallons or more by air. (mode 4). 16107–N ...... DAHER–TLI ...... 49 CFR 173.420(a)(2)(i); To authorize the one time one way transportation in com- 173.420(6). merce of 14 heeled cylinders that are not ANSI N14.1 com- pliant. (mode 1). 16105–N ...... Coastal Helicopters Incor- 49 CFR 49 CFR Table To authorize the transportation in commerce of certain haz- porated Inc. Belfast, ME. sect; 172.101, Column (9B), ardous materials by 14 CFR Part 133 Rotorcraft External § 172.204(c)(3), Load Operations transporting hazardous materials attached § 173.27(b)(2) § 175.30(a)(1) to or suspended from an aircraft, in remote areas of the § 172.200, 172.300, and U.S. only, without being subject to hazard communication 172.400. requirements, quantity limitations and certain loading and stowage requirements. (mode 4). 16150–N ...... Egli Air Haul Inc. King Salmon, 49 CFR 172.101 Column (9B); Authorizes the transport of propane in DOT Specification AK. 175.30(a)(1). 4B240, 48A240, 4BW240 cylinders via helicopter utilizing sling loads. (mode 4).

EMERGENCY SPECIAL PERMIT GRANTED

16055–N ...... Gateway Pyrotechnic Produc- 49 CFR 172.300, 172.400, To authorize the one-time, one-way transportation of tions, LLC, dba Gateway 172.301(c), 173.56. unappproved fireworks from Dallas, TX to storage in Fireworks Displays St. Illiopolis, IL. Louis, MO. 16159–N ...... The Boeing Company Renton, 49 CFR 172.300, 172.400 and To authorize the transportation in commerce of a Division WA. 172.500. 1.4S material without marking, labeling or placarding. (modes 1, 2, 3, 4). 16153–N ...... Trailers y Tanques de 49 CFR 178.345–7(d) ...... To authorize the transportation in commerce of certain cargo Aluminio S.A. de CV. Mex- tanks with ring stiffers manufactured between October 2011 ico. through May 2013 that are not in compliance with 178.347– 7(d). (modes 1, 2, 3). 16151–N ...... Antonov Company, t/a 49 CFR 49 CFR Section To authorize the one-time transportation in commerce of cer- Antonov Airlines Kiev, NH. 172.101 Column (9B). tain explosives that are forbidden for transportation by cargo only aircraft. (mode 3).

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35410 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

S.P No. Applicant Regulation(s) Nature of special permit thereof

16164–N ...... AREVA, Inc. Richland, WA ..... 49 CFR 173.420(a)(2)(i); To authorize the one time one way transportation in com- 173.420(b). merce of four Model 30B cylinders that contain a small re- sidual heel of uranium hexafluoride. (mode 1).

DENIED

15788–M ...... Request by Amtrol-Alfa, Metalomecanica SA Portugal, May 28, 2014. To modify the special permit to address requests made in the original application submitted on December 26, 2012. 14808–M ...... Request by Amtro Alfa Metalomecanica SA Portugal, May 23, 2014. To modify the special permit to authorize an increase in the maximum water capacity to 10 gallons. 15036–M ...... Request by UTLX Manufacturing, Incorporated Alexandria, LA, May 21, 2014. To modify the special permit to authorize an in- crease of the inspection interval to five years. 15997–N ...... Request by Chemring Energetic Devices, Inc. Torrance, CA, May 7, 2014. To authorize the transportation in commerce Sealed Scrap Parts (small parts containing milligram explosive loads) as as UN0352, Articles, explosive, n.o.s. 1.4D without having them re-examined when transported for disposal. 16095–N ...... Request by Clay & Bailey Manufacturing Company Kansas City, MO, May 28, 2014. To authorize the manufacture, mark, sale and use of manways constructed from Ultra High Molecular Weight Pole Ethylene for use on cargo tank motor vehicles in transporting certain hazardous materials. 16136–N ...... Request by Elk Environmental Services Reading, PA, May 21, 2014. To authorize the transportation in commerce of certain labpack quantities of hazardous materials with shrink-wrap as an overpack without required markings and labels.

[FR Doc. 2014–14129 Filed 6–19–14; 8:45 am] of special permit applications that have 2. Extensive public comment under BILLING CODE 4909–60–M been in process for 180 days or more. review The reason(s) for delay and the expected 3. Application is technically complex completion date for action on each and is of significant impact or DEPARTMENT OF TRANSPORTATION application is provided in association precedent-setting and requires with each identified application. extensive analysis Pipeline And Hazardous Materials 4. Staff review delayed by other priority Safety Administration FOR FURTHER INFORMATION CONTACT: issues or volume of special permit Ryan Paquet, Director, Office of applications Office Of Hazardous Materials Safety; Hazardous Materials Special Permits List of Applications and Approvals, Pipeline and Hazardous Meaning of Application Number Suffixes AGENCY: Pipeline and Hazardous Materials Safety Administration, U.S. Materials Safety Administration Department of Transportation, East N—New application (PHMSA), DOT. Building, PHH–30, 1200 New Jersey M—Modification request Avenue Southeast, Washington, DC R—Renewal Request ACTION: List of Applications Delayed 20590–0001, (202) 366–4535. P—Party To Exemption Request more than 180 days. Key to ‘‘Reason for Delay’’ Issued in Washington, DC, on June 12, SUMMARY: In accordance with the 2014. requirements of 49 U.S.C. 5117(c), 1. Awaiting additional information from Donald Burger, PHMSA is publishing the following list applicant Chief, General Approvals and Permits.

Reason for Estimated date Application No. Applicant delay of completion

Modification to Special Permits

15854–M ...... Colmac Coil Manufacturing, Inc. Colville, WA ...... 4 07–31–2014 15642–M ...... Praxair Distribution, Inc. Danbury, CT ...... 4 07–31–2014 14313–M ...... Airgas USA, LLC. Tulsa, OK ...... 4 06–30–2014 9610–M ...... ATK Small Caliber Systems Independence, MO ...... 4 07–31–2014 12629–M ...... TEA Technologies, Inc. Amarillo, TX ...... 4 06–30–2014 11373–M ...... Marlin Company, Inc. Lenoir, NC ...... 4 07–31–2014

New Special Permit Applications

15767–N ...... Union Pacific Railroad Company Omaha, NE ...... 1 07–31–2014 15973–N ...... Codman & Shurtleff, Inc. Raynham, MA ...... 4 07–31–2014 15971–N ...... National Aeronautics and Space Administration (NASA) Houston, TX ...... 4 07–31–2014 15955–N ...... Thompson Tank, Inc. Lakewood, CA ...... 4 07–31–2014 16022–N ...... Zhejiang Juhua Equipment Manufacturing Co., Ltd. Quzhou, Zhejiang ...... 4 07–31–2014 15991–N ...... Dockweiler Neustadt-Glewe, Germany ...... 4 07–31–2014 16011–N ...... Americase Waxahache, TX ...... 4 06–30–2014 16001–N ...... VELTEK Malvern, PA ...... 4 07–31–2014 16039–N ...... UTLX Manufacturing LLC Alexandria, LA ...... 4 07–31–2014

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35411

Reason for Estimated date Application No. Applicant delay of completion

16040–N ...... Multistar Ind., Inc. Othello, WA ...... 4 07–31–2014

Renewal Special Permits Applications

14267–R ...... LATA Environmental Services of Kentucky, LLC (LATA Kentucky) Kevil, KY ...... 3 06–30–2014 14566–R ...... Nantong CIMC Tank Equipment Co. Ltd. Nantong, Jiangsu Province ...... 4 07–31–2014 13083–R ...... Rockwood Pigments NA, Inc. St. Louis, MO ...... 4 07–31–2014 11602–R ...... East Tennessee Iron & Metal, Inc. Rogersville, TN ...... 4 06–30–2014

[FR Doc. 2014–14183 Filed 6–19–14; 8:45 am] Federal Register notice may be found at DATES: Comments on this information BILLING CODE 4910–60–M Appendix B to part 1155. collection should be submitted by July Comments may now be submitted to 28, 2014. OMB concerning: (1) The accuracy of ADDRESSES: DEPARTMENT OF TRANSPORTATION the Board’s burden estimates; (2) ways Written comments should to enhance the quality, utility, and be identified as ‘‘Paperwork Reduction Surface Transportation Board clarity of the information collected; (3) Act Comments, Surface Transportation Board, Applications for Land-Use- Notice and Request for Comments ways to minimize the burden of the collection of information on the Exemption Permits.’’ These comments AGENCY: Surface Transportation Board, respondents, including the use of should be directed to the Office of DOT. automated collection techniques or Management and Budget, Office of ACTION: 30-day notice of request for other forms of information technology Information and Regulatory Affairs, approval for extension: Applications for when appropriate; and (4) whether the Attention: Patrick Fuchs, Surface Land-Use-Exemption Permits. collection of information is necessary Transportation Board Desk Officer, by for the proper performance of the email at by fax at (202) 395–6974; or by SUMMARY: As part of its continuing effort functions of the Board, including mail to Room 10235, 725 17th Street to reduce paperwork burdens, and as whether the collection has practical NW., Washington, DC 20503. required by the Paperwork Reduction utility. Submitted comments will be FOR FURTHER INFORMATION CONTACT: Act of 1995, 44 U.S.C. 3501–3519 (PRA), summarized and included in the For the Surface Transportation Board Board’s request for OMB approval. further information regarding the (Board) gives notice that it is requesting Applications for Land-Use-Exemption from the Office of Management and Description of Collection Permits, contact Danielle Gosselin at Budget (OMB) approval of an extension Title: Applications for Land-Use- (202) 245–0300 or Gosselind@ of the information collection— Exemption Permits. stb.dot.gov [Federal Information Relay Applications for Land-Use-Exemption OMB Control Number: 2140–0018. Service (FIRS) for the hearing impaired: Permits (for Solid Waste Rail Transfer STB Form Number: None. (800) 877–8339.] Facilities)—further described below. Type of Review: Extension without SUPPLEMENTARY INFORMATION: Under the The Board previously published a change. notice about this collection in the PRA, a federal agency conducting or Respondents: Any applicant seeking a Federal Register on April 11, 2014, at sponsoring a collection of information land-use-exemption permit. 79 FR 20304. That notice allowed for a must display a currently valid OMB Number of Respondents: One. 60-day public review and comment control number. A collection of Estimated Time per Response: 160 period. No comments were received. information, which is defined in 44 hours. Pursuant to 49 U.S.C. 10501(c)(2), as U.S.C. 3502(3) and 5 CFR 1320.3(c), amended by the Clean Railroads Act of Frequency: On occasion. Total Burden Hours (annually includes agency requirements or 2008 (CRA), the Board issued rules in requests that persons submit reports, Solid Waste Rail Transfer Facilities, EP including all respondents): 160 hours. Total ‘‘Non-hour Burden’’ Cost: An keep records, or provide information to 684 (served on March 24, 2011). Under the agency, third parties, or the public. these rules, a person seeking a land-use- estimated $200,000 to hire an Section 3507(b) of the PRA requires, exemption permit must file an environmental consultant to work with concurrent with an agency’s submitting application including (1) substantial Board staff on the required facts and argument as to why a permit environmental report. a collection to OMB for approval, a 30- is necessary and (2) as required by the Needs and Uses: This collection is day notice and comment period through National Environmental Policy Act, an needed to develop a record in land-use- publication in the Federal Register environmental report and/or an exemption-permit proceedings, a concerning each proposed collection of environmental impact statement. process mandated by Congress in the information, including each proposed Under 49 CFR 1155.20, an applicant CRA. The Board uses the information in extension of an existing collection of is required to file a notice of intent to this collection to accurately assess the information. apply for a land-use-exemption permit merits of a permit application. Dated: June 17, 2014. before filing its application. A suggested Retention Period: Information in this Jeffrey Herzig, form for this notice may be found in report will be maintained on the Board’s Appendix A to part 1155. Further, Web site for a minimum of one year and Clearance Clerk. under 49 CFR 1155.21(e), an application will be otherwise maintained until [FR Doc. 2014–14479 Filed 6–19–14; 8:45 am] must include a draft Federal Register transferred to NARA as a permanent BILLING CODE 4915–01–P notice. A suggested form for the draft record.

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00102 Fmt 4703 Sfmt 9990 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35412 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

DEPARTMENT OF THE TREASURY Form: Form 15597. including each proposed extension of an Abstract: When the IRS is considering existing collection of information, and Submission for OMB Review; the redemption of real property to allow 60 days for public comment in Comment Request foreclosed on by a third party, the IRS response to the notice. informs the foreclosure sale purchaser In accordance with the requirements June 16, 2014. of this consideration and asks for of the PRA, the OCC may not conduct The Department of the Treasury will contact information. Form 15597 is the or sponsor, and the respondent is not submit the following information request for that information. required to respond to, an information collection requests to the Office of Affected Public: Individuals or collection unless it displays a currently Management and Budget (OMB) for households; Businesses or other for- valid Office of Management and Budget review and clearance in accordance profit organizations; Farms; Not-for- (OMB) control number. The OCC is with the Paperwork Reduction Act of profit institutions; Federal Government; soliciting comment concerning its 1995, Public Law 104–13, on or after the and State, local, or tribal governments. information collection titled, ‘‘Loans in date of publication of this notice. Estimated Annual Burden Hours: 613. Areas Having Special Flood Hazards.’’ DATES: Comments should be received on OMB Number: 1545–2211. DATES: You should submit written or before July 21, 2014 to be assured of Type of Review: Extension without comments by: August 19, 2014. consideration. change of a currently approved ADDRESSES: Because paper mail in the ADDRESSES: Send comments regarding collection. Washington, DC area and at the OCC is the burden estimate, or any other aspect Title: Form 8940, Request for subject to delay, commenters are of the information collection, including Miscellaneous Determination. encouraged to submit comments by suggestions for reducing the burden, to Form: Form 8940. email if possible. Comments may be Abstract: Organizations exempt under (1) Office of Information and Regulatory sent to: Legislative and Regulatory Internal Revenue Code section 501(c)(3) Affairs, Office of Management and Activities Division, Office of the may file Form 8940 for miscellaneous Budget, Attention: Desk Officer for Comptroller of the Currency, Attention: determinations under sections 507, Treasury, New Executive Office 1557–0202, 400 7th Street SW., Suite 509(a), 4940, 4942, 4945, and 6033. The Building, Room 10235, Washington, DC 3E–218, Mail Stop 9W–11, Washington, _ form standardizes information 20503, or email at OIRA Submission@ DC 20219. In addition, comments may collection procedures for nine categories OMB.EOP.gov and (2) Treasury PRA be sent by fax to (571) 465–4326 or by of individually written requests for Clearance Officer, 1750 Pennsylvania electronic mail to regs.comments@ miscellaneous determinations submitted Ave. NW., Suite 8141, Washington, DC occ.treas.gov. You may personally to the IRS. Nonexempt charitable trusts 20220, or email at [email protected]. inspect and photocopy comments at the may also file Form 8940 for an initial FOR FURTHER INFORMATION CONTACT: OCC, 400 7th Street SW., Washington, determination under section 509(a)(3). Copies of the submission(s) may be DC 20219. For security reasons, the OCC Affected Public: Not-for-profit obtained by emailing [email protected], requires that visitors make an institutions. calling (202) 622–1295, or viewing the appointment to inspect comments. You entire information collection request at Estimated Annual Burden Hours: 28,959. may do so by calling (202) 649–6700. www.reginfo.gov. Upon arrival, visitors will be required to Internal Revenue Service (IRS) Brenda Simms, present valid government-issued photo Treasury PRA Clearance Officer. identification and to submit to security OMB Number: 1545–2098. [FR Doc. 2014–14383 Filed 6–19–14; 8:45 am] screening in order to inspect and Type of Review: Extension without BILLING CODE 4830–01–P photocopy comments. change of a currently approved All comments received, including collection. attachments and other supporting Title: Rev. Proc. 2008–27—9100 Relief DEPARTMENT OF THE TREASURY materials, are part of the public record Under Sections 897 and 1445. and subject to public disclosure. Do not Abstract: Revenue Procedure 2008–27 Office of the Comptroller of the enclose any information in your provides a simplified method for Currency comment or supporting materials that taxpayers to request relief for certain you consider confidential or late filings under Internal Revenue Code Agency Information Collection inappropriate for public disclosure. Activities: Information Collection sections 897 and 1445. Once the FOR FURTHER INFORMATION CONTACT: You taxpayer becomes aware of the failure to Renewal; Comment Request; Loans in can request additional information or a file the statements or notices required Areas Having Special Flood Hazards copy of the collection from Johnny by sections 1.897–2(g)(1)(ii)(A), 1.897– AGENCY: Office of the Comptroller of the Vilela or Mary H. Gottlieb, (202) 874– 2(h), 1.1445–2(c)(3)(i), 1.1445–2(d)(2), Currency (OCC), Treasury. 5090, for persons who are deaf or hard 1.1445–5(b)(2), or 1.1445–5(b)(4) of the ACTION: Notice and request for comment. of hearing, TTY, (202) 649–5597, income tax regulations, the taxpayer Legislative and Regulatory Activities must file the completed statement or SUMMARY: The OCC, as part of its Division, Office of the Comptroller of notice with the appropriate person or continuing effort to reduce paperwork the Currency, 250 E Street SW., the IRS, as applicable. and respondent burden, invites the Washington, DC 20219. Affected Public: Businesses or other general public and other Federal SUPPLEMENTARY INFORMATION: The OCC for-profit organizations; Farms. agencies to take this opportunity to is proposing to extend OMB approval of Estimated Annual Burden Hours: comment on a continuing information the following information collection: 1,000. collection, as required by the Paperwork Title: Loans in Areas Having Special OMB Number: 1545–2199. Reduction Act of 1995 (PRA). Flood Hazards—12 CFR part 22. Type of Review: Revision of a Under the PRA, Federal agencies are OMB Control Number: 1557–0202. currently approved collection. required to publish notice in the Description: The regulation requires Title: Form 15597, Foreclosure Sale Federal Register concerning each national banks to make disclosures and Purchaser Contact Information Request. proposed collection of information, keep records regarding whether a

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35413

property held as security for a loan is with applicable Federal law, further ACTION: Notice and request for comment. located in a special flood hazard area. bank safety and soundness, provide This information collection is protections for banks and the public, SUMMARY: The OCC, as part of its required by section 303(a) 1 and title V and further public policy interests. continuing effort to reduce paperwork of the Riegle Community Development Type of Review: Regular review. and respondent burden, invites the and Regulatory Improvement Act,2 the Affected Public: Businesses or other general public and other Federal National Flood Insurance Reform Act of for-profit. agencies to take this opportunity to 1994 amendments to the National Flood Estimated Number of Respondents: comment on a continuing information Insurance Act of 1968,3 the Flood 2,251. collection, as required by the Paperwork Disaster Protection Act of 1973,4 and by Estimated Responses per Respondent: Reduction Act of 1995 (PRA). OCC regulations implementing those 2,729. Under the PRA, Federal agencies are statutes. The information collection Estimated Total Annual Responses: required to publish notice in the Federal Register concerning each requirements are contained in 12 CFR 6,142,979. Estimated Frequency of Response: On proposed collection of information, part 22. Section 22.6 requires a national bank occasion. including each proposed extension of an Estimated Total Annual Burden: to use the Standard Flood Hazard existing collection of information and to 363,012 hours. allow 60 days for public comment in Determination Form developed by the An agency may not conduct or Federal Emergency Management Agency response to the notice. sponsor, and a respondent is not In accordance with the requirements (FEMA) and to maintain a completed required to respond to, an information of the PRA, the OCC may not conduct copy of that form for the period of time collection unless the information or sponsor, and the respondent is not the bank owns the loan. collection displays a currently valid required to respond to, an information Section 22.7 requires a national bank OMB control number. collection unless it displays a currently or its loan servicer, if a borrower has not Comments submitted in response to valid Office of Management and Budget obtained flood insurance, to notify the this notice will be summarized and (OMB) control number. borrower to obtain adequate flood included in the request for OMB The OCC is soliciting comment insurance coverage or the bank or approval. All comments become a concerning renewal of its information servicer will purchase flood insurance matter of public record. Comments are collection titled, ‘‘Fair Housing Home on the borrower’s behalf. invited on: Loan Data System Regulation.’’ Section 22.9 requires a national bank (a) Whether the collection of DATES: You should submit your making, extending, increasing, or information is necessary for the proper renewing a loan secured by a building comments by August 19, 2014. performance of the functions of the Because paper mail in the or a mobile home located in a special OCC, including whether the information Washington, DC area and at the OCC is flood hazard area to advise the borrower shall have practical utility; subject to delay, commenters are and the loan servicer that the property (b) The accuracy of the OCC’s encouraged to submit comments by is located in a special flood hazard area; estimate of the burden of the collection email if possible. Comments may be provide a description of the flood of information; sent to: Legislative and Regulatory insurance purchase requirements; and (c) Ways to enhance the quality, Activities Division, Office of the provide information regarding the utility, and clarity of the information to Comptroller of the Currency, Attention: availability of insurance under the be collected; 1557–0159, 400 7th Street SW., Suite National Flood Insurance Program and (d) Ways to minimize the burden of 3E–218, Mail Stop 9W–11, Washington, of Federal assistance in the event of a the collection on respondents, including DC 20219. In addition, comments may declared Federal flood disaster. In lieu through the use of automated collection be sent by fax to (571) 465–4326 or by of providing the borrower notice, a techniques or other forms of information electronic mail to regs.comments@ national bank may obtain a satisfactory technology; and occ.treas.gov. You may personally written assurance from a seller or lessor (e) Estimates of capital or start-up inspect and photocopy comments at the that, within a reasonable time before costs and costs of operation, OCC, 400 7th Street SW., Washington, completion of the sale or lease maintenance, and purchase of services DC 20219. For security reasons, the OCC transaction, the seller or lessor provided to provide information. requires that visitors make an such notice to the purchaser or lessee. Dated: June 16, 2014. appointment to inspect comments. You For the period of time the bank owns Stuart E. Feldstein, may do so by calling (202) 649–6700. the loan, the bank must maintain a Upon arrival, visitors will be required to record of the borrower’s and loan Director, Legislative & Regulatory Activities Division. present valid government-issued photo servicer’s receipts of these notices and, identification and to submit to security where appropriate, the written [FR Doc. 2014–14391 Filed 6–19–14; 8:45 am] screening in order to inspect and assurance from the seller or the lessor. BILLING CODE 4810–33–P photocopy comments. Section 22.10 requires a national bank All comments received, including making, increasing, extending, DEPARTMENT OF THE TREASURY attachments and other supporting renewing, selling, or transferring a loan materials, are part of the public record secured by a building or a mobile home Office of the Comptroller of the and subject to public disclosure. Do not located in a special flood hazard area to Currency enclose any information in your notify FEMA of the identity of the comment or supporting materials that servicer, and of any change in servicers. Agency Information Collection you consider confidential or These information collection Activities: Information Collection inappropriate for public disclosure. requirements ensure bank compliance Renewal; Comment Request; Fair FOR FURTHER INFORMATION CONTACT: Housing Home Loan Data System 1 12 U.S.C. 4804. Regulation Johnny Vilela or Mary H. Gottlieb, OCC 2 42 U.S.C. 4104(a). Clearance Officers, (202) 649–5490, for 3 12 U.S.C. 4104a and 4104b. AGENCY: Office of the Comptroller of the persons who are deaf or hard of hearing, 4 12 U.S.C. 4012a and 4106(b). Currency (OCC), Treasury. TTY, (202) 649–5597, Legislative and

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES 35414 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices

Regulatory Activities Division, Office of recordkeeping requirements. Federal through the use of automated collection the Comptroller of the Currency, 400 7th savings associations generate this techniques or other forms of information Street SW., Suite 3E–218, Mail Stop information pursuant to the CFPB’s technology; and 9W–11, Washington, DC 20219. Regulation C, 12 CFR part 1003. (e) Estimates of capital or start-up • SUPPLEMENTARY INFORMATION: Under the 12 CFR 27.3(b) lists the information costs and costs of operation, PRA (44 U.S.C. 3501–3520), Federal banks should seek to obtain from an maintenance, and purchase of services agencies must obtain approval from applicant as part of a home loan to provide information. OMB for each collection of information application, and also sets forth Dated: June 16, 2014. they conduct or sponsor. ‘‘Collection of information that a bank must disclose in Stuart Feldstein, collecting certain information from an information’’ is defined in 44 U.S.C. Director, Legislative and Regulatory Activities 3502(3) and 5 CFR 1320.3(c) to include applicant. Division. • 12 CFR 27.3(c) sets forth additional agency requests or requirements that [FR Doc. 2014–14397 Filed 6–19–14; 8:45 am] members of the public submit reports, information required to be kept in the loan file. BILLING CODE 4810–33–P keep records, or provide information to • a third party. Section 3506(c)(2)(A) of 12 CFR 27.4 states that the OCC the PRA (44 U.S.C. 3506(c)(2)(A)) may require a national bank to maintain DEPARTMENT OF VETERANS requires Federal agencies to provide a a Fair Housing Inquiry/Application Log AFFAIRS 60-day notice in the Federal Register found in Appendix III to part 27 if there concerning each proposed collection of is reason to believe that the bank is engaging in discriminatory practices or Summary of Precedent Opinions of the information, including each proposed General Counsel extension of an existing collection of if analysis of the data compiled by the information, before submitting the bank under the Home Mortgage AGENCY: Department of Veterans Affairs collection to OMB for approval. To Disclosure Act (12 U.S.C. 2801 et seq.) ACTION: Notice. comply with this requirement, the OCC and 12 CFR part 203 indicates a pattern is publishing notice of the proposed of significant variation in the number of SUMMARY: The Department of Veterans collection of information set forth in home loans between census tracts with Affairs (VA) is publishing a summary of this document. similar incomes and home ownership legal interpretations issued by the Office The OCC is proposing to extend levels differentiated only by race or of the General Counsel involving national origin. Veterans’ benefits under laws approval of the following information • collection: 12 CFR 27.5 requires a national administered by VA. These Title: Fair Housing Home Loan Data bank to maintain the information interpretations are considered System Regulation. required by § 27.3 for 25 months after precedential by VA and will be followed OMB Control No.: 1557–0159. the bank notifies the applicant of action by VA officials and employees in future Description: The Fair Housing Act (42 taken on an application, or after claim matters involving the same legal U.S.C. 3605) prohibits discrimination in withdrawal of an application. issues. The summary is published to • the financing of housing on the basis of 12 CFR 27.7 requires a national provide the public, and, in particular, race, color, religion, sex, or national bank to submit the information required Veterans’ benefits claimants and their origin. The Equal Credit Opportunity by §§ 27.3 and 27.4 to the OCC upon its representatives, with notice of VA’s Act (15 U.S.C. 1691 et seq.) prohibits request, prior to a scheduled interpretations regarding the legal discrimination in any aspect of a credit examination using the Monthly Home matters at issue. transaction on the basis of race, color, Loan Activity Format form in Appendix FOR FURTHER INFORMATION CONTACT: religion, national origin, sex, marital I to part 27 and the Home Loan Data Susan P. Sokoll, Law Librarian, status, age, receipt of income from Form in Appendix IV to part 27. Department of Veterans Affairs, 810 public assistance, or exercise of any Type of Review: Regular. Vermont Avenue NW. (026H), Affected Public: Businesses or other right under the Consumer Credit Washington, DC 20420, (202) 461–7623. Protection Act (15 U.S.C. 1601 et seq.). for-profit. Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: A VA The OCC is responsible for ensuring that 1,927. regulation at 38 CFR 2.6(e)(8) delegates national banks and Federal savings Estimated Total Annual Burden: to the General Counsel the power to associations comply with those laws. 31,704 hours. designate an opinion as precedential The OCC needs this information to Comments submitted in response to and 38 CFR 14.507(b) specifies that fulfill its statutory responsibilities. this notice will be summarized and precedential opinions involving The information collection included in the request for OMB Veterans’ benefits are binding on VA requirements are as follows: officials and employees in subsequent • approval. All comments will become a 12 CFR 27.3(a) requires national matter of public record. Comments are matters involving the legal issue banks that are required to collect data decided in the precedent opinion. The 1 invited on: on home loans under 12 CFR part 203 (a) Whether the collection of interpretation of the General Counsel on to present the data on Form FR HMDA– information is necessary for the proper legal matters, contained in such 2 LAR, or in automated format in performance of the functions of the opinions, is conclusive as to all VA accordance with the HMDA–LAR OCC, including whether the information officials and employees, not only in the instructions, and to include one has practical utility; matter at issue, but also in future additional item (the reason for denial) (b) The accuracy of the OCC’s adjudications and appeals involving the on the HMDA–LAR. Section 27.3(a) also estimate of the burden of the same legal issues, in the absence of a lists exceptions to the HMDA–LAR information collection; change in controlling statute or (c) Ways to enhance the quality, regulation or a superseding written legal 1 This regulation has been transferred to the utility, and clarity of the information to opinion of the General Counsel. Consumer Financial Protection Bureau (CFPB) (12 CFR part 1003). be collected; VA publishes summaries of such 2 Loan Application Register, http://www.ffiec.gov/ (d) Ways to minimize the burden of opinions in order to provide the public hmda/pdf/hmdalar2011.pdf. the collection on respondents, including with notice of those interpretations of

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Notices 35415

the General Counsel that must be VAOPGCPREC 4–2014 5. The phrase ‘‘place where the followed in future benefit matters and to parties resided’’ is interpreted to mean Question Presented assist Veterans’ benefits claimants and the place where the parties regularly their representatives in the prosecution How will the Department of Veterans lived or had their home, as of benefit claims. The full text of such Affairs (VA) administer spousal benefits distinguished from a place in which opinions, with personal identifiers in accordance with 38 U.S.C. § 103(c) in they were present on a temporary basis. deleted, may be obtained by contacting light of variances in state law on the The provision includes parties who the VA official named above or by issue of same-sex marriage? lived in a place continuously for a accessing the opinions on the Internet at Held reasonable period of time and those who http://www.va.gov/ogc/ relocated to a place with the intent to precedentopinions.asp. 1. The plain language of section live there either permanently or for a 103(c) requires that a person be married reasonable period of time. A party’s VAOPGCPREC 3–2014 to a Veteran to be considered the temporary absence from the place they Questions Presented ‘‘spouse’’ of the Veteran and requires ordinarily lived would not defeat the VA to look to state law to determine the finding that they resided in that place. On September 4, 2013, the Attorney validity of a marriage. A domestic If the parties resided in different General announced that the President partnership or civil union that is not jurisdictions at their time of marriage, directed the Executive Branch to cease recognized as a ‘‘marriage’’ under state VA may consider the marriage valid for enforcement of the definitions of law cannot be considered a valid VA purposes if it is valid under the law ‘‘spouse’’ and ‘‘surviving spouse’’ in marriage for VA purposes. of either jurisdiction. In addition to U.S. title 38, United States Code, to the 2. Section 103(c) provides two states, the term ‘‘place’’ may include extent that they limit recognition of alternative bases for determining the U.S. territories and possessions, the marital status to couples of the opposite validity of a marriage. Section 103(c) District of Columbia, foreign nations, sex. Given the President’s instruction, provides that VA shall look to ‘‘the law and other areas governed by a how should VA determine effective of the place where the parties resided at recognized system of laws pertaining to dates for benefits based on same-sex the time of the marriage or the law of marriage, such as tribal laws. marriage? the place where the parties resided 6. The plain language of section when the right to benefits accrued’’ Held 103(c) applies only to determine the (emphasis added). Under this standard, validity of a marriage to a Veteran. It 1. The President’s directive to cease if a marriage is valid in one of the places thus applies for purposes of establishing enforcement of the definitions of of residence identified in the statute, it eligibility or ineligibility for benefits or ‘‘spouse’’ and ‘‘surviving spouse’’ in will be valid for VA purposes, even if services provided on the basis of the title 38, United States Code, to the it was not recognized as valid under the marriage of a ‘‘veteran’’ (including, in extent that those definitions preclude laws of any other place in which the some instances, active-duty service recognition of same-sex marriages, parties resided. members and others defined to be 3. Under section 103(c), ‘‘at the time should be given retroactive effect as it ‘‘veterans’’ under certain statutory of the marriage’’ means when the parties relates to claims still open on direct provisions). In other instances, however, entered into the marriage. If the parties’ review as of September 4, 2013. If VA when VA provides benefits or services marriage is valid under the law of the awards benefits in such a case, the based on the marital status of an place where they resided at the time of effective date of the award should be individual who is not considered a the inception of their marriage, it is determined under 38 U.S.C. § 5110 as if Veteran, section 103(c) generally would the statutes barring recognition of same- valid for VA purposes. 4. We construe the term ‘‘when the not apply in determining the validity of sex marriage were not in effect when the a marriage to such an individual. claim was filed. right to benefits accrued’’ in section 103(c) to refer to: (1) The point in time Effective Date: June 17, 2014. 2. For new claims or reopened claims at which the claimant filed a claim that Will A. Gunn, received after September 4, 2013, VA is ultimately found to be meritorious in General Counsel, Department of Veterans should apply 38 U.S.C. § 5110(g) to establishing entitlement to a benefit or Affairs. assign an effective date if to do so would increased benefit for which a marriage Signing Authority: On June 17, 2014, Will be to the claimant’s benefit. However, if to a Veteran is a prerequisite; or (2) if A. Gunn, General Counsel, approved this a new claim establishes entitlement to entitlement cannot be established as document and authorized the undersigned to an effective date earlier than September existing at the time the claim is sign and submit this notice to the Office of 4, 2013, by operation of 38 U.S.C. submitted, then at such later date as of the Federal Register for publication § 5110(d)–(f), (h), (j)–(l), or (n), then electronically as an official document of the which all requirements of entitlement Department of Veterans Affairs. section 5110(g) should not be applied to are met. Once VA has determined a limit the availability of that earlier marriage valid under section 103(c), Robert C. McFetridge, effective date. such determination shall be recognized Director, Office of Regulations Policy and Effective Date: June 17, 2014. in subsequent adjudicatory decisions Management, Office of the General Counsel, Will A. Gunn, involving the same or other VA benefits Department of Veterans Affairs. General Counsel, Department of Veterans unless there is a change in marital status [FR Doc. 2014–14476 Filed 6–19–14; 8:45 am] Affairs. through death or judicial action. BILLING CODE 8320–01–P

VerDate Mar<15>2010 22:31 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00106 Fmt 4703 Sfmt 9990 E:\FR\FM\20JNN1.SGM 20JNN1 mstockstill on DSK4VPTVN1PROD with NOTICES Vol. 79 Friday, No. 119 June 20, 2014

Part II

Department of Education

34 CFR Part 668 Violence Against Women Act; Proposed Rule

VerDate Mar<15>2010 20:21 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35418 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

DEPARTMENT OF EDUCATION Privacy Note: The Department’s policy is definition in the UCR Summary to make all comments received from Reporting System, which encompasses 34 CFR Part 668 members of the public available for public the categories of rape, sodomy, and viewing in their entirety on the Federal RIN 1840–AD16 sexual assault with an object that are eRulemaking Portal at www.regulations.gov. used in the UCR National Incident- Therefore, commenters should be careful to [Docket ID ED–2013–OPE–0124] Based Reporting System. include in their comments only information • that they wish to make publicly available. Revise the categories of bias for the Violence Against Women Act purposes of Clery Act hate crime FOR FURTHER INFORMATION CONTACT: AGENCY: Office of Postsecondary reporting to add gender identity and to Education, Department of Education. Jessica Finkel, U.S. Department of separate ethnicity and national origin Education, 1990 K Street NW., Room into independent categories. ACTION: Notice of proposed rulemaking. 8031, Washington, DC 20006–8502. • Require institutions to provide and SUMMARY: The Secretary proposes to Telephone (202) 502–7647 or by email describe in their annual security reports amend the Student Assistance General at: [email protected]. primary prevention and awareness Provisions regulations issued under the If you use a telecommunications programs to incoming students and new Higher Education Act of 1965, as device for the deaf (TDD) or a text employees. These programs must amended (HEA), to implement the telephone (TTY), call the Federal Relay include: A statement that the institution changes made to the Clery Act by the Service (FRS), toll free, at 1–800–877– prohibits the crimes of dating violence, Violence Against Women 8339. domestic violence, sexual assault, and Reauthorization Act of 2013 (VAWA). SUPPLEMENTARY INFORMATION: stalking; the definition of these terms in These proposed regulations would the applicable jurisdiction; the update, clarify, and improve the current Executive Summary definition of consent, in reference to regulations. Purpose of This Regulatory Action sexual activity, in the applicable jurisdiction; a description of safe and DATES: We must receive your comments On March 7th, 2013, President Obama positive options for bystander on or before July 21, 2014. signed the Violence Against Women intervention; information on risk ADDRESSES: Submit your comments Reauthorization Act of 2013 (VAWA) reduction; and information on the through the Federal eRulemaking Portal (Pub. Law 113–4), which, among other institution’s policies and procedures or via postal mail, commercial delivery, provisions, amended section 485(f) of after a sex offense occurs; or hand delivery. We will not accept the HEA, otherwise known as the Jeanne • Require institutions to provide and comments submitted by fax or by email Clery Disclosure of Campus Security describe in their annual security reports or those submitted after the comment Policy and Campus Crime Statistics Act ongoing prevention and awareness period. To ensure that we do not receive (Clery Act). The Clery Act requires campaigns for students and employees. duplicate copies, please submit your institutions of higher education to These campaigns must include the same comments only once. In addition, please comply with certain campus safety- and information as in the institution’s include the Docket ID at the top of your security-related requirements as a primary prevention and awareness comments. condition of their participation in the program; If you are submitting comments title IV, HEA programs. Notably, VAWA • Define the terms ‘‘awareness electronically, we strongly encourage amended the Clery Act to require programs,’’ ‘‘bystander intervention,’’ you to submit any comments or institutions to compile statistics for ‘‘ongoing prevention and awareness attachments in Microsoft Word format. incidents of dating violence, domestic campaigns,’’ ‘‘primary prevention If you must submit a comment in Adobe violence, sexual assault, and stalking programs,’’ and ‘‘risk reduction.’’ Portable Document Format (PDF), we and to include certain policies, • Require institutions to describe strongly encourage you to convert the procedures, and programs pertaining to each type of disciplinary proceeding PDF to print-to-PDF format or to use these incidents in their annual security used by the institution; the steps, some other commonly used searchable reports. We propose to amend § 668.46 anticipated timelines, and decision- text format. Please do not submit the of title 34 of the Code of Federal making process for each type of PDF in a scanned format. Using a print- Regulations (CFR) in order to implement disciplinary proceeding; and how the to-PDF format allows the Department to these statutory changes. Additionally, institution determines which type of electronically search and copy certain we propose to update this section by proceeding to use based on the portions of your submissions. incorporating provisions added to the circumstances of an allegation of dating • Federal eRulemaking Portal: Go to Clery Act by the Higher Education violence, domestic violence, sexual www.regulations.gov to submit your Opportunity Act of 2008, deleting assault, or stalking; comments electronically. Information outdated deadlines and cross-references, • Require institutions to list all of the on using Regulations.gov, including and making other changes to improve possible sanctions that the institution instructions for accessing agency the readability and clarity of the may impose following the results of any documents, submitting comments, and regulations. institutional disciplinary proceedings viewing the docket, is available on the for an allegation of dating violence, site under ‘‘Are you new to the site?’’ Summary of the Major Provisions of domestic violence, sexual assault, or • Postal Mail, Commercial Delivery, This Regulatory Action stalking; or Hand Delivery: The Department The proposed regulations would— • Require institutions to describe the strongly encourages commenters to • Require institutions to maintain range of protective measures that the submit their comments electronically. statistics about the number of incidents institution may offer following an However, if you mail or deliver your of dating violence, domestic violence, allegation of dating violence, domestic comments about the proposed sexual assault, and stalking that meet violence, sexual assault, or stalking; regulations, address them to Jean-Didier the proposed definitions of those terms. • Require institutions to provide for a Gaina, U.S. Department of Education, • Revise the definition of ‘‘rape’’ to prompt, fair, and impartial disciplinary 1990 K Street NW., Room 8055, reflect the Federal Bureau of proceeding in which (1) officials are Washington, DC 20006–8502. Investigation’s (FBI) recently updated appropriately trained and do not have a

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35419

conflict of interest or bias for or against Institutions would also incur additional 8055, 1990 K Street NW., Washington, the accuser or the accused; (2) the costs in attempting to comply with the DC, between 8:30 a.m. and 4:00 p.m., accuser and the accused have equal new regulations. Costs to improve safety Washington, DC time, Monday through opportunities to have others present, on campus would include annual Friday of each week except Federal including an advisor of their choice; (3) training of officials on issues related to holidays. If you want to schedule time the accuser and the accused receive dating violence, domestic violence, to inspect comments, please contact the simultaneous notification, in writing, of sexual assault, and stalking as well as person listed under FOR FURTHER the result of the proceeding and any training on how to conduct disciplinary INFORMATION CONTACT. available appeal procedures; (4) the proceeding investigations and hearings. Assistance to Individuals with proceeding is completed in a reasonably The proposed regulations are not Disabilities in Reviewing the prompt timeframe; (5) the accuser and estimated to have a significant net Rulemaking Record: On request, we will accused are given timely notice of budget impact in the title IV, HEA provide an appropriate accommodation meetings at which one or the other or student aid programs over loan cohorts or auxiliary aid to an individual with a both may be present; and (6) the from 2014 to 2024. disability who needs assistance to accuser, the accused, and appropriate Invitation to Comment: We invite you review the comments or other officials are given timely access to to submit comments regarding the documents in the public rulemaking information that will be used after the proposed regulations. In particular, we record for the proposed regulations. If fact-finding investigation but during request comment on additional ways to you want to schedule an appointment informal and formal disciplinary identify where one incident of stalking for this type of accommodation or meetings and hearings. has ended and another has begun, on auxiliary aid, please contact the person • Define the terms ‘‘proceeding’’ and how to count stalking that crosses listed under FOR FURTHER INFORMATION ‘‘result.’’ calendar years, and on how to report CONTACT. • Specify that compliance with these incidents of stalking by location, as Background provisions does not constitute a discussed under ‘‘Recording Stalking.’’ violation of section 444 of the General We also request comment about whether On March 7th, 2013, President Obama Education Provisions Act (20 U.S.C. the proposed approach to counting signed VAWA (Pub. L. 113–4). VAWA 1232g), commonly known as the Family some or all of the primary Clery Act included amendments to section 485(f) Educational Rights and Privacy Act of crimes should be modified to capture of the HEA, the Clery Act. The Clery Act 1974 (FERPA). information about the relationship requires institutions of higher education Please refer to the Summary of between a perpetrator and a victim, as to comply with certain campus safety- Proposed Changes section of this discussed under ‘‘Crimes that must be and security-related requirements as a preamble for more details on the major Reported and Disclosed.’’ condition of their participation in the provisions contained in this notice of To ensure that your comments have Federal student financial aid programs proposed rulemaking (NPRM). maximum effect in developing the final authorized by title IV of the HEA. Costs and Benefits: A benefit of these regulations, we urge you to identify Notably, VAWA amended the Clery Act proposed regulations is that they would clearly the specific section or sections of to require institutions to compile strengthen the rights of victims of dating the proposed regulations that each of statistics of the number of incidents of violence, domestic violence, sexual your comments addresses, and provide dating violence, domestic violence, and assault, and stalking on college relevant information and data whenever stalking reported to campus security campuses. Institutions would be possible, even when there is no specific authorities or local police agencies, in required to collect and disclose statistics solicitation of data and other supporting addition to the crimes currently of crimes reported to campus security materials in the request for comment. identified. Institutions also must authorities and local police agencies We also urge you to arrange your include certain policies, procedures, that involve incidents of dating comments in the same order as the and programs pertaining to these violence, domestic violence, sexual proposed regulations. Please do not incidents in their annual security assault, and stalking. This would submit comments outside the scope of reports. We propose to amend 34 CFR improve crime reporting. In addition, the specific proposals in this notice of § 668.46 to implement these statutory students, prospective students, families, proposed rulemaking, as we are not changes. Additionally, we propose to and employees and potential employees required to respond to comments that update this section by incorporating of the institutions, would be better are outside of the scope of the proposed certain provisions added to the Clery informed about each campus’s safety rule. See ADDRESSES for instructions on Act by the Higher Education and procedures. how to submit comments. Opportunity Act of 2008, deleting Institutions would incur costs under We invite you to assist us in outdated deadlines and cross-references, the proposed regulations in two main complying with the specific and making other changes to improve categories: Paperwork costs of requirements of Executive Orders 12866 the readability and clarity of the complying with the regulations, and and 13563 and their overall requirement regulations. other compliance costs that institutions of reducing regulatory burden that may incur as they attempt to improve might result from the proposed Public Participation security on campus. Under the proposed regulations. Please let us know of any On April 16, 2013, we published a regulations, institutions would incur further ways we could reduce potential notice in the Federal Register (78 FR costs involved in updating the annual costs or increase potential benefits 2247), which we corrected on April 30, security reports; changing crime while preserving the effective and 2013 (78 FR 25235), announcing topics statistics reporting to capture additional efficient administration of the for consideration for action by a crimes, categories of crimes, Department’s programs and activities. negotiated rulemaking committee. The differentiation of hate crimes, and During and after the comment period, topics for consideration were: Cash expansion of categories of bias reported; you may inspect all public comments management of funds provided under and the development of statements of about the proposed regulations by the title IV Federal Student Aid policy about prevention programs and accessing Regulations.gov. You may also programs; State authorization for institutional disciplinary actions. inspect the comments in person in room programs offered through distance

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35420 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

education or correspondence education; the process or provides a written the organizations listed after their State authorization for foreign locations explanation to the participants stating names in the protocols. The committee of institutions located in a State; clock why the Secretary has decided to depart included the following members: to credit hour conversion; gainful from the agreement reached during Laura Dunn, SurvJustice, and John Kelly employment; changes to the campus negotiations. Further information on the (alternate), Know Your IX, representing safety and security reporting negotiated rulemaking process can be students. requirements in the Clery Act made by found at: http://www2.ed.gov/policy/ Fatima Goss Graves, National Women’s Law VAWA, and the definition of ‘‘adverse highered/reg/hearulemaking/hea08/neg- Center, and Bridget Harwood (alternate), credit’’ for borrowers in the Federal reg-faq.html. Network for Victim Recovery of DC, Direct PLUS Loan Program. In that On September 19, 2013, the representing legal assistance organizations notice, we announced three public Department published a notice in the that represent students. hearings at which interested parties Federal Register (78 FR 57571) Nancy Chi Cantalupo, Victim Rights Law announcing our intention to establish a Center, and Denice Labertew (alternate), could comment on the topics suggested Los Angeles Valley College and Los by the Department and could suggest negotiated rulemaking committee to Angeles Mission College, representing additional topics for consideration for prepare proposed regulations to address consumer advocacy organizations. action by a negotiated rulemaking the changes to the Clery Act made by S. Daniel Carter, VTV Family Outreach committee. VAWA. The notice set forth a schedule Foundation’s 32 National Campus Safety On May 13, 2013, we announced in for the committee meetings and Initiative, and Alison Kiss (alternate), Clery the Federal Register (78 FR 27880) the requested nominations for individual Center for Security on Campus, Inc., addition of a fourth hearing. The negotiators to serve on the negotiating representing campus safety advocates. hearings were held on May 21, 2013, in committee. Connie Best, Medical University of South Washington, DC; May 23, 2013, in The Department sought negotiators to Carolina, and Jessica Ladd-Webert Minneapolis, Minnesota; May 30, 2013, represent students; legal assistance (alternate), University of Colorado-Boulder, organizations that represent students; representing mental health services in San Francisco, California; and June 4, providers. 2013, in Atlanta, Georgia. We also consumer advocacy organizations; State Michael Heidingsfield, University of Texas invited parties unable to attend a public higher education executive officers; System Police, and Paul Denton (alternate), hearing to submit written comments on State Attorneys General and other Ohio State University Police Division, the topics and to submit other topics for appropriate State officials; institutions representing institutional campus safety consideration. Transcripts from the of higher education eligible to receive officials. public hearings are available at http:// Federal assistance under title III, parts Cat Riley, University of Texas Medical www2.ed.gov/policy/highered/reg/ A, B, and F and title V of the HEA, Branch Galveston, and Caroline Fultz- hearulemaking/2012/index.html. which include Historically Black Carver (alternate), University of South Written comments submitted in Colleges and Universities, Hispanic- Florida System, representing institutional Serving Institutions, American Indian student affairs/disciplinary divisions. response to the April 16, 2013, notice Lisa Erwin, University of Minnesota Duluth, may be viewed through the Federal Tribally Controlled Colleges and and Dennis Gregory (alternate), Old eRulemaking Portal at Universities, Alaska Native and Native Dominion University, representing www.regulations.gov, within docket ID Hawaiian-Serving Institutions, institutional centers for women, lesbian, ED–2012–OPE–0008. You can link to Predominantly Black Institutions, and gay, bisexual, and transgendered the ED–2012–OPE–0008 docket as a other institutions with a substantial individuals. related docket inside the ED–2013– enrollment of needy students as defined Dana Scaduto, Dickinson College, and Jerry OPE–0124 docket associated with this in title III of the HEA; two-year public Blakemore (alternate), Northern Illinois notice of proposed rulemaking. institutions of higher education; four- University, representing institutional Alternatively, individuals can enter year public institutions of higher attorneys. education; private, non-profit Anthony Walker, Norfolk State University, docket ID ED–2012–OPE–0008 in the and Julie Poorman (alternate), East search box to locate the appropriate institutions of higher education; private, Carolina University, representing minority- docket. Instructions for finding for-profit institutions of higher serving intuitions and other title III comments are also available on the site education; institutional campus public institutions. under ‘‘How to Use Regulations.gov’’ in safety officials; institutional student Rick Amweg, University System of Ohio, and the Help section. affairs/disciplinary divisions; Gary Lyle (alternate), Anne Arundel institutional centers for women, lesbian, Community College, representing two-year Negotiated Rulemaking gay, bisexual, and transgendered public institutions. Section 492 of the HEA, 20 U.S.C. individuals; institutional attorneys; Jill Dunlap, UC Santa Barbara, and Holly 1098a, requires the Secretary to obtain Indian tribal governments; and campus Rider-Milkovich (alternate), University of public involvement in the development safety advocates. The Department Michigan, representing four-year public of proposed regulations affecting institutions. considered the nominations submitted Stephanie Atella, Loyola University Chicago, programs authorized by title IV of the by the public and chose negotiators who and Michael Webster (alternate), McDaniel HEA. After obtaining advice and would represent various interested College, representing private, non-profit recommendations from the public, constituencies and the negotiated institutions. including individuals and rulemaking committee met to develop Deana Echols, Ultimate Medical Academy, representatives of groups involved in proposed regulations on January 13–14, and Christine Gordon (alternate), Graham the title IV, HEA programs, the 2014, February 24–25, 2014, and March Webb Academy, representing private, for- Secretary must subject the proposed 31–April 1, 2014. At its first meeting, profit institutions. regulations to a negotiated rulemaking the committee reached agreement on its Gail McLarnon, U.S. Department of process. If negotiators reach consensus protocols, which generally set out the Education, representing the Department. on the proposed regulations, the committee membership, and the The protocols also provided that the Department agrees to publish without standards by which the committee committee would operate by consensus. alteration a defined group of regulations would operate. These protocols The protocols also specified that on which the negotiators reached provided, among other things, that the consensus means that there must be no consensus unless the Secretary reopens non-Federal negotiators would represent dissent by any members. Under the

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35421

protocols, if the committee reached a Æ The victim’s options about the sexual assault, and stalking that meet final consensus on all issues, the involvement of law enforcement and the proposed definitions of those terms. Department would use the consensus- campus authorities, including the • Revise the definition of ‘‘rape’’ to based language in its proposed options to notify proper law reflect the FBI’s recently updated regulations or, in the alternative, the enforcement authorities, be assisted by definition in the UCR Summary Department would reopen the campus authorities in notifying law Reporting System, which encompasses negotiated rulemaking process or enforcement authorities, and decline to the categories of rape, sodomy, and provide a written explanation to the notify authorities; and sexual assault with an object that are committee members regarding why it Æ The victim’s rights and the used in the UCR National Incident- has decided to depart from that institution’s responsibilities with Based Reporting System. language. respect to orders of protection or similar • Revise and update the definitions of During the committee meetings, the orders issued by a court or by the ‘‘sex offenses,’’ ‘‘fondling,’’ ‘‘incest,’’ committee reviewed and discussed the institution. and ‘‘statutory rape’’ in Appendix A to Department’s drafts of regulatory • Require institutions to address in subpart D of part 668 to reflect the FBI’s language and the committee members’ their annual security reports how the updated definitions. • alternative language and suggestions. At institution will complete publicly Emphasize that institutions must, the final meeting on April 1, 2014, the available recordkeeping requirements, for the purposes of Clery Act reporting, committee reached consensus on the including Clery Act reporting and include in their crime statistics all Department’s proposed regulations. For disclosures, without the inclusion of crimes reported to a campus security authority. more information on the negotiated identifying information about the • rulemaking sessions, please visit http:// victim; Clarify that an institution may not www2.ed.gov/policy/highered/reg/ • Require institutions to address in withhold, or subsequently remove, a hearulemaking/2012/vawa.html. their annual security reports how the reported crime from its crime statistics institution will maintain as confidential based on a decision by a court, coroner, Summary of Proposed Changes any accommodations or protective jury, prosecutor, or other similar The proposed regulations would— measures provided to the victim, to the noncampus official. • Specify that Clery Act reporting • Add and define the terms ‘‘Clery extent that maintaining such does not require initiating an Geography,’’ ‘‘dating violence,’’ confidentiality would not impair the investigation or disclosing identifying ‘‘domestic violence,’’ ‘‘Federal Bureau ability of the institution to provide the information about the victim. of Investigation’s (FBI) Uniform Crime accommodations or protective • Revise the categories of bias for the Reporting (UCR) program (FBI’s UCR measures. purposes of Clery Act hate crime program),’’ ‘‘hate crime,’’ ‘‘Hierarchy • Require institutions to specify in reporting to add gender identity and to Rule,’’ ‘‘programs to prevent dating their annual security reports that they separate ethnicity and national origin violence, domestic violence, sexual will provide written notification to into independent categories. assault, and stalking,’’ ‘‘sexual assault,’’ students and employees about existing • Specify how institutions should and ‘‘stalking.’’ counseling, health, mental health, • record reports of stalking, including Require institutions to address in victim advocacy, legal assistance, visa how to record reports in which the their annual security reports their and immigration assistance, and other stalking included activities in more than current policies concerning campus law services available for victims both one calendar year or in more than one enforcement, including the jurisdiction within the institution and in the location within the institution’s Clery of security personnel, as well as any community. Act-reportable areas, and how to • agreements, such as written memoranda Require institutions to specify in determine when to report a new crime of understanding between the their annual security reports that they of stalking involving the same victim institution and those police agencies, for will provide written notification to and perpetrator. the investigation of alleged criminal victims about options for, and available • Create an exception to the offenses. assistance in, changing academic, living, requirements of the Hierarchy Rule in • Require institutions to address in transportation, and working situations the UCR Reporting Handbook for their annual security reports their and clarify that the institution must situations in which an individual is a policies to encourage accurate and make these accommodations if the victim of a sex offense and a murder prompt reporting of all crimes to the victim requests them and if they are during the same incident so that the campus police and the appropriate reasonably available, regardless of incident will be included in both police agencies when the victim of a whether the victim chooses to report the categories. crime elects to or is unable to make such crime to campus police or local law • Clarify that an institution must a report. enforcement. withhold as confidential the names and • Require institutions to provide • Require institutions to specify in other identifying information of victims written information to victims about the their annual security reports that, when when providing timely warnings. procedures that one should follow if a a student or employee reports to the • Implement the requirements crime of dating violence, domestic institution that the student or employee pertaining to an institution’s violence, sexual assault, or stalking has has been a victim of dating violence, educational programs to promote the occurred, including written information domestic violence, sexual assault, or awareness of dating violence, domestic about: stalking, whether the offense occurred violence, sexual assault, and stalking by: Æ The importance of preserving on or off campus, the institution will Æ Requiring institutions to describe in evidence that may assist in proving that provide the student or employee a their annual security reports the the alleged criminal offense occurred or written explanation of the student’s or institution’s primary prevention and may be helpful in obtaining a protection employee’s rights and options. awareness programs for incoming order; • Require institutions to maintain students and new employees, which Æ How and to whom the alleged statistics about the number of incidents must include: A statement that the offense should be reported; of dating violence, domestic violence, institution prohibits the crimes of dating

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35422 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

violence, domestic violence, sexual other or both may be present; and (6) the work being done in the sexual violence assault, and stalking; the definition of accuser, the accused, and appropriate prevention field, the Clery Act and these terms in the applicable officials are given timely access to VAWA do not require institutions to use jurisdiction; the definition of consent, in information that will be used after the specific materials for prevention reference to sexual activity, in the fact-finding investigation but during policies and procedures. The committee applicable jurisdiction; a description of informal and formal disciplinary believed strongly that institutions safe and positive options for bystander meetings and hearings; should use practices that have been intervention; information on risk Æ Defining the terms ‘‘proceeding’’ shown through research and assessment reduction; and information on the and ‘‘result;’’ and to be effective. The Department expects Æ institution’s policies and procedures Specifying that compliance with that best practices information will be after a sex offense occurs; these provisions does not constitute a released a separate document following Æ Requiring institutions to provide violation of FERPA. • issuance of final regulations. and describe in their annual security Prohibit retaliation by an institution We discuss substantive issues under reports ongoing prevention and or an officer, employee, or agent of an the sections of the proposed regulations awareness campaigns for students and institution against any individual for to which they pertain. Generally, we do employees, which must include the exercising their rights or responsibilities not address proposed regulatory same information as in the institution’s under any provision under the Clery provisions that are technical or primary prevention and awareness Act. otherwise minor in effect. program; and Significant Proposed Regulations Æ Defining the terms ‘‘awareness Definitions Very generally, section 304 of VAWA programs,’’ ‘‘bystander intervention,’’ Definition of Clery Geography ‘‘ongoing prevention and awareness amended section 485(f) of the HEA, campaigns,’’ ‘‘primary prevention otherwise known as the Clery Act, to: Statute: Section 485(f)(1)(F) of the programs,’’ and ‘‘risk reduction.’’ Expand reporting of crime statistics to HEA requires an institution to report to • Implement requirements pertaining capture a more accurate picture of the Department and disclose in its to an institution’s procedures for dating violence, domestic violence, annual security report statistics campus disciplinary action in cases of sexual assault, and stalking on our regarding certain crimes reported to alleged dating violence, domestic nation’s campuses; strengthen campus security authorities or local violence, sexual assault, or stalking by: institutional policies related to these police agencies that occur on campus, in Æ Requiring institutions to describe crimes; provide greater support and or on noncampus buildings or property, each type of disciplinary proceeding accommodations for victims; and and on public property during the most used by the institution; the steps, protect the rights of both parties recent calendar year and during the two anticipated timelines, and decision- (accuser and accused) during preceding calendar years for which data making process for each type of institutional disciplinary proceedings. are available. Additionally, section disciplinary proceeding; and how the During the negotiated rulemaking 485(f)(4)(A) of the HEA requires institution determines which type of process that resulted in these proposed institutions that maintain a campus proceeding to use based on the regulations, the committee was guided police or security department of any circumstances of an allegation of dating by several key principles. kind to make, keep, and maintain a violence, domestic violence, sexual First, VAWA amended the Clery Act, daily crime log that records all crimes assault, or stalking; but it did not affect in any way title IX reported to that police or security Æ Requiring institutions to list all of of the Education Amendments of 1972 department. the possible sanctions that the (title IX), its implementing regulations, Current Regulations: Section institution may impose following the or associated guidance issued by the 668.46(a) contains definitions of the results of any institutional disciplinary Department’s Office for Civil Rights terms ‘‘campus’’ ‘‘noncampus building proceedings for an allegation of dating (OCR).1 While the Clery Act and title IX or property’’ and ‘‘public property.’’ violence, domestic violence, sexual overlap in some areas relating to ‘‘Campus’’ is defined as (1) any building assault, or stalking; requirements for an institution’s or property owned or controlled by an Æ Requiring institutions to describe response to reported incidents of sexual institution within the same reasonably the range of protective measures that the violence, the two statutes and their contiguous geographic area and used by institution may offer following an implementing regulations and the institution in direct support of, or in allegation of dating violence, domestic interpretations are separate and distinct. a manner related to, the institution’s violence, sexual assault, or stalking; Nothing in these proposed regulations educational purposes, including Æ Requiring institutions to provide alters or changes an institution’s residence halls; and (2) any building or for prompt, fair, and impartial obligations or duties under title IX as property that is within or reasonably disciplinary proceedings in which: (1) interpreted by OCR. contiguous to the area identified in Officials are appropriately trained and Second, the committee set out to clause (1) that is owned or controlled by do not have a conflict of interest or bias develop inclusive, effective, and fair another person, is frequently used by for or against the accuser or the accused; regulations that protect the rights of all students, and supports institutional (2) the accuser and the accused have students. The negotiators worked hard purposes (such as a food or other retail equal opportunities to have others to craft regulatory language that takes vendor). ‘‘Noncampus building or present, including an advisor of their into account the unique needs of diverse property’’ is defined as (1) any building choice; (3) the accuser and the accused communities and individuals, paying or property owned or controlled by a receive simultaneous notification, in careful attention to words that might be student organization that is officially writing, of the result of the proceeding viewed as insensitive or unwelcoming. recognized by the institution; or (2) any and any available appeal procedures; (4) And third, the committee recognized building or property owned or the proceeding is completed in a that, while there is important and urgent controlled by an institution that is used reasonably prompt timeframe; (5) the in direct support of, or in relation to, the 1 Title IX prohibits discrimination on the basis of accuser and accused are given timely sex in federally funded education programs or institution’s educational purposes, is notice of meetings at which one or the activities. frequently used by students, and is not

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35423

within the same reasonably contiguous Instead, we are adding this term to presented to the negotiators. Drawing on geographic area of the institution. improve the readability and materials from other Federal agencies, ‘‘Public property’’ is defined as all understandability of the regulations. State statutes, and institutions, we public property, including drafted language to define ‘‘consent’’ as Definition of Consent thoroughfares, streets, sidewalks, and the affirmative, unambiguous, and parking facilities, that is within the Statute: None. voluntary agreement to engage in a campus, or immediately adjacent to and Current Regulations: None. specific sexual activity during a sexual accessible from the campus. Proposed Regulations: None. encounter. Under this definition, an Section 668.46(f) requires institutions Reasons: During the negotiated individual who was asleep, or mentally that have a campus police or security rulemaking sessions, the committee or physically incapacitated, either department to maintain a daily crime debated whether to propose a definition through the effect of drugs or alcohol or log that records any crime reported to of the word ‘‘consent’’ in these for any other reason, or who was under that department that occurred on regulations. During the first session, duress, threat, coercion, or force, would campus, on a noncampus building or several negotiators strongly urged the not have been able to give consent. property, on public property (as those Department to develop a definition of Further, one would not be able to infer terms are defined in § 668.46(a)), or ‘‘consent’’ for the purposes of the Clery consent under circumstances in which within the patrol jurisdiction of the Act. They asserted that establishing a consent was not clear, including but not campus police or security department. definition of consent would help set a limited to the absence of ‘‘no’’ or ‘‘stop,’’ Proposed Regulations: We propose to national standard for what it means to or the existence of a prior or current add and define the term ‘‘Clery consent to sexual activity. Several relationship or sexual activity. Several Geography’’ to § 668.46(a). For the negotiators also argued that a definition of the negotiators endorsed this draft purposes of the annual crime statistics, of consent would provide clarity for language as a starting point and some ‘‘Clery Geography’’ would be defined as institutions, students, and employees made suggestions to strengthen it. On including the areas that meet the with regard to when a reported sex the other hand, some negotiators definitions of ‘‘campus,’’ ‘‘noncampus offense would need to be included in vigorously objected to including the building or property,’’ or ‘‘public the institution’s Clery Act statistics. definition, reiterating concerns about property.’’ For the purposes of Other negotiators, however, objected the potential for confusion caused by maintaining a daily crime log as to the proposed addition of a definition multiple definitions. required under § 668.46(f), Clery of consent. They argued that a definition After further consideration, the Geography would be defined to also would create ambiguity and confusion Department decided to remove the include areas within the patrol for institutional officials, students, definition of consent from the draft jurisdiction of the campus police or employees, and the public, particularly regulations. At the third session of the security department. We also propose to in jurisdictions which either do not negotiations, we explained that, while replace both the reference in define consent or have a definition that we believed that our draft language is a § 668.46(c)(1) to ‘‘campus, in or on differed from the one that would be in valid starting point for other efforts noncampus buildings or property, and the regulations. Some negotiators, related to the prevention of campus on public property’’ and the reference in particularly those representing law sexual assaults, we were not convinced § 668.46(f)(1) to ‘‘campus, on a enforcement and institutional attorneys, that it would be helpful to institutions noncampus building or property, on believed that it would be difficult and for purposes of complying with the public property, or within the patrol create a burden for law enforcement Clery Act. Specifically, we noted that jurisdiction of the campus police or the officials to classify crimes based on two for purposes of Clery Act reporting, all campus security department’’ with the different standards, and that campus sex offenses that are reported to a term ‘‘Clery Geography.’’ public safety officials would be campus security authority must be Reasons: The proposed use and expected to make decisions about recorded in an institution’s Clery Act definition of the term ‘‘Clery consent based on situations outside statistics and, if reported to the campus Geography’’ would provide a concise their areas of expertise and without a police, must be included in the crime way of referring collectively to the bright-line standard. One of the log, regardless of the issue of consent. physical locations for which an negotiators argued that it would not be Thus, while the definitions of the sex institution is responsible for collecting reasonable to add a definition of consent offenses in Appendix A to subpart D of reports of crimes for inclusion in its for Clery Act reporting purposes when part 668 include lack of consent as an annual crime statistics and, if VAWA specifically added a reference to element of the offense, for purposes of applicable, its daily crime log. The the definition of consent in the Clery Act reporting, no determination as Department has used the term ‘‘Clery applicable jurisdiction for the purposes to whether that element has been met is Geography’’ in The Handbook for of prevention and training. Along these required. Campus Safety and Security Reporting lines, some negotiators noted that some Some of the negotiators disagreed, (the Handbook), which provides institutions use their own definition of arguing that the references to a lack of guidance on complying the Clery Act, ‘‘consent’’ for purposes of their consent in various parts of the proposed and in training materials to refer to an institutional disciplinary procedures. regulations, such as the definitions of institution’s ‘‘campus,’’ ‘‘noncampus These officials asserted that adding a the sex offenses in Appendix A to building or property,’’ or ‘‘public definition of consent to these subpart D of part 668, demands an property’’ for many years, and the term regulations could cause confusion by affirmative definition of consent in is commonly used by institutional creating situations where an institution order to permit determinations of when officials and other individuals familiar might have three separate definitions of consent is absent. In the end, however, with the Clery Act. We stress that this consent relating to sexual activity for the negotiators agreed not to include a proposed definition of ‘‘Clery different purposes. definition of consent in these Geography’’ would not alter the After considering these arguments, regulations, but they requested that the existing, long-standing definitions of the Department decided to include a Department include further clarification ‘‘campus,’’ ‘‘noncampus building or definition of consent in the and guidance around the issue of property,’’ or ‘‘public property.’’ Department’s initial draft regulations consent in future documents and

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35424 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

publications. We intend to provide this add definitions of these terms to the Some of the negotiators advocated this guidance, and also note that other regulations. approach, arguing that it would reflect Federal, State, and local agencies have While the term ‘‘dating violence’’ is a standard that is frequently used in materials in this area that may be defined in the Violence Against Women other areas of the law. Several other instructive. Act of 1994, the Department received negotiators strongly disagreed, however, numerous requests at the public arguing that a reasonable person Definition of Dating Violence hearings, during the public comment standard has traditionally reflected a Statute: Section 304 of VAWA added period and from some of the negotiators, perspective that may not adequately a requirement to the Clery Act that to further define some of the words used meet the needs of diverse populations of institutions include statistics on dating in the statutory definition of the term. students. violence in their crime statistics In particular, we were asked to clarify Under the third approach, an reported to the Department and in the how institutions should determine institution would make the annual security report. In addition, whether individuals were in a dating determination based on whether or not VAWA amended sections 485(f)(6)(A) relationship when the violence victim considered themselves himself or and 485(f)(7) of the HEA to specify that occurred, specify what types of behavior herself to be in dating relationships. the term ‘‘dating violence’’ has the would be considered violence, clarify Several of the negotiators supported this meaning given in § 40002(a) of the the interaction between dating violence approach, arguing that it would be clear Violence Against Women Act of 1994 and domestic violence, and explain how and simple. They argued that leaving it (42 U.S.C. 13925(a)). The Violence to address incidents of dating violence to the victim to define the relationship Against Women Act of 1994 defines the in jurisdictions where dating violence is would avoid problems caused by term ‘‘dating violence’’ to mean violence not a crime. differences in terminology between the committed by a person who is or has The negotiators had a substantial victim and campus officials or in the been in a social relationship of a discussion on how to determine perception of the relationship between romantic or intimate nature with the whether individuals were in a dating the victim and the perpetrator. Other victim; where the existence of such a relationship when the violence negotiators believed that this was a relationship is determined based on a occurred. In particular, the negotiators reasonable approach, but they raised consideration of the length of the suggested three possible approaches to concerns that leaving the determination relationship, the type of relationship, determining whether a dating solely to the victim would not be and the frequency of interaction relationship exists: (1) Accepting the supportable under the statute, which between the persons involved in the determination of campus safety officials, requires consideration of several factors, relationship. (2) using a ‘‘reasonable person’’ namely, the length of the relationship, standard, or (3) basing the Current Regulations: None. the type of relationship, and the determination on the victim’s frequency of interaction. Proposed Regulations: We propose to perspective. In the end, the negotiators agreed to add a definition of the term ‘‘dating Under the first approach, campus law a compromise definition that allows violence’’ in § 668.46(a). Dating violence enforcement or a campus security both the reporting party and law would be defined as violence committed department would make the enforcement to be involved in by a person who is or has been in a determination of whether a dating determining whether a reported crime social relationship of a romantic or relationship existed after considering constitutes an incident of dating intimate nature with the victim. The the factors outlined in the statutory violence. Under the proposed existence of such a relationship would definition of dating violence, definition, an institution would be determined based on the reporting specifically, the length and type of the determine whether the individuals were party’s statement and with relationship, and the frequency of in a dating relationship by considering consideration of the length of the interaction. Several of the negotiators the reporting party’s statement, as well relationship, the type of relationship, supported this approach because they as the other factors included in the and the frequency of interaction believed that it would give these statutory definition—the length of the between the persons involved in the officials the authority to make a relationship, the type of relationship, relationship. For the purposes of this professional judgment about the nature and the frequency of interaction definition, dating violence would of the relationship, for purposes of between the persons involved in the include, but would not be limited to, crime reporting. Other negotiators relationship. We believe that this sexual or physical abuse or the threat of disagreed with this approach, however, proposed definition appropriately such abuse. Additionally, the proposed arguing that generational differences in allows institutions to give considerable definition would specify that dating terminology and culture (e.g., ‘‘going weight to the view of the victim or, if violence does not include acts that meet steady,’’ ‘‘seeing each other,’’ ‘‘hooking someone other than the victim reports the definition of ‘‘domestic violence.’’ up,’’ or ‘‘hanging out’’) could create the incident, to the view of the reporting Finally, the proposed definition would situations in which an incident of party, but also allows campus law clarify that, for the purposes of dating violence would be incorrectly enforcement or a campus security complying with the requirements of the omitted from the crime statistics and the department flexibility to consider the Clery Act, including for statistical crime log. They noted that, in some statutory factors specifically listed in purposes, any incident that meets this cases, the reporting party and the VAWA in deciding whether an incident definition of dating violence would be institutional official receiving the report meets the definition of dating violence. considered a crime. may have different concepts about what Next, with regards to the types of Reasons: The changes made to the constitutes dating. behavior that would be considered Clery Act by VAWA include Under the second approach, an violence for purposes of this definition, requirements relating to programs, institution would make the some of the negotiators strongly policies, procedures, and statistics determination of whether a dating believed that the definition of ‘‘dating related to incidents of dating violence, relationship existed based on whether violence’’ should include not only domestic violence, sexual assault, and or not a ‘‘reasonable person’’ would physical and sexual violence but also stalking. Accordingly, we propose to consider the individuals to be dating. emotional or psychological abuse. These

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35425

negotiators noted that emotional or reflects the statutory requirements and violence’’ has the meaning given in psychological abuse are commonly strikes a balance between creating a section 40002(a) of the Violence Against included in the definitions of ‘‘dating clear, enforceable regulation and Women Act of 1994 (42 U.S.C. violence’’ or similar terms used by other allowing institutions to include 13925(a)). The Violence Against Women Federal agencies such as the Department instances of emotional or psychological Act of 1994 defines the term ‘‘domestic of Justice and the Centers for Disease abuse where the abuse constitutes a violence’’ to mean a felony or Control and Prevention, States, and by threat of physical or sexual abuse. misdemeanor crime of violence practitioners in the field of sexual Further, some negotiators requested committed by a current or former violence prevention. The negotiators clarification on how institutions should spouse or intimate partner of the victim, also stressed that emotional or record incidents that meet the by a person with whom the victim psychological abuse can have a severe definitions of both ‘‘dating violence’’ shares a child in common, by a person impact on a victim, limiting the victim’s and ‘‘domestic violence’’ for Clery Act who is cohabitating with or has ability to access school in a healthy statistical purposes. Specifically, the cohabitated with the victim as a spouse, way, and that emotional or negotiators noted that, because certain by a person similarly situated to a psychological abuse often escalates to acts of violence by an intimate partner spouse of the victim under the domestic physical or sexual violence. of the victim meet both the definitions or family violence laws of the Other negotiators believed that the of ‘‘dating violence’’ and ‘‘domestic jurisdiction receiving grant monies definition of ‘‘dating violence’’ should violence’’, a particular incident could be under VAWA, or by any other person be limited to physical and sexual abuse. double-counted where the act is against an adult or youth victim who is They argued that, from a practical committed by an ‘‘intimate partner’’ and protected from that person’s acts under standpoint, it would be difficult for is an act of violence that also constitutes the domestic or family violence laws of campus law enforcement and other a felony or misdemeanor crime, thus the jurisdiction. institutional officials to determine meeting both definitions. To address Current Regulations: None. whether a report of emotional or concerns about the overlap of the Proposed Regulations: We propose to psychological abuse meets the standard definitions of ‘‘dating violence’’ and add a definition of the term ‘‘domestic of ‘‘violence,’’ and accordingly whether ‘‘domestic violence’’ and to avoid violence’’ in § 668.46(a). ‘‘Domestic or not to include it in the institution’s double-counting, we have proposed to violence’’ would be defined as it is in Clery Act statistics. Some of the include the language clarifying that for section 40002(a) of the Violence Against negotiators also argued that including purposes of Clery Act reporting, ‘‘dating Women Act of 1994 (42 U.S.C. emotional and psychological abuse in violence does not include acts covered 13925(a)). Additionally, the proposed the definition of dating violence would under the definition of domestic definition would clarify that, for the exceed the limits established by violence.’’ purposes of complying with the statutory language. Finally, the negotiators requested requirements of the Clery Act, including In this proposed definition, we have clarification about how to treat for statistical purposes, any incident specified that, for the purposes of incidents of dating violence in that meets this definition of ‘‘domestic including incidents of dating violence jurisdictions where dating violence is violence’’ would be considered a crime. in an institution’s Clery Act statistics, not a crime. During the committee’s Reasons: As discussed, in contrast to dating violence includes, but is not discussions on this point several dating violence, an incident is limited to, sexual or physical abuse or negotiators noted the discrepancy considered to be domestic violence the threat of such abuse. While the between the statutory definitions of under the statutory definition only if it Department strongly supports the ‘‘dating violence,’’ which refers to is a felony or misdemeanor crime of inclusion of emotional or psychological ‘‘violence’’ and does not require that a violence in the jurisdiction. abuse in definitions of dating violence crime be committed, and the definition Additionally, as with dating violence, used for research, prevention, victim of ‘‘domestic violence,’’ which is under these proposed regulations any services, or intervention purposes, we defined as ‘‘a felony or misdemeanor incident that meets the definition of are not proposing to explicitly include crime of violence.’’ domestic violence would be considered these forms of abuse in this definition In these proposed regulations we to be a ‘‘crime’’ for the purposes of the for purposes of Clery Act reporting for would provide that any incident that Clery Act. We have included this several reasons. First, the Department meets the definition of ‘‘dating provision to make it clear that all such recognizes that some instances of violence’’ is a ‘‘crime’’ for the purposes incidents would have to be recorded in emotional and verbal abuse may not rise of the Clery Act. We have included this an institution’s statistics and to improve to the level of ‘‘violence’’ which is a part provision to make it clear that all such the readability of the regulations. of the statutory definition of dating incidents would have to be recorded in violence under VAWA. Second, we an institution’s statistics, regardless of Definition of the Federal Bureau of acknowledge the implementation whether or not dating violence is a Investigation’s (FBI) Uniform Crime challenges that including these forms of crime in the institution’s jurisdiction. Reporting (UCR) program (FBI’s UCR abuse in the regulatory definition would We also believe this provision improves program) present for campus security authorities, the readability of the regulations. Statute: Section 485(f)(7) of the HEA including law enforcement for purposes specifies that institutions must compile of Clery Act reporting. In particular, the Definition of Domestic Violence their crime statistics in accordance with Department recognizes the difficulties Statute: Section 304 of VAWA added the definitions used in the uniform that campus security authorities may a requirement to the Clery Act that crime reporting system of the encounter when attempting to identify institutions include statistics on Department of Justice, FBI, and the incidents of reported emotional or domestic violence in their crime modifications in those definitions as psychological abuse, as these forms of statistics reported to the Department implemented pursuant to the Hate abuse may not be visibly apparent, but and included in the annual security Crime Statistics Act (28 U.S.C. 534 instead may require the input of mental report. In addition, VAWA amended note). health professionals and counselors. We sections 485(f)(6)(A) and 485(f)(7) of the Current Regulations: The regulations believe that the proposed definition HEA to specify that the term ‘‘domestic in § 668.46(a) do not currently define

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35426 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

the term ‘‘FBI’s UCR program.’’ current regulations in § 668.46(c)(3) the most serious offense is recorded. For However, the current § 668.46(c)(7) specify that institutions must include in example, under the Hierarchy Rule, if a specifies that institutions must compile their statistics the number of cases of perpetrator commits both an aggravated crime statistics using the definitions of criminal homicide; sex offenses; assault and a robbery during a single the crimes provided in Appendix A to robbery; aggravated assault; burglary; incident, only the robbery would be subpart D of part 668 and guidance in motor vehicle theft; arson; larceny-theft; recorded because it is considered to be the FBI’s UCR Handbook (Summary simple assault; intimidation; damage, the more serious offense. Reporting System) or the UCR Reporting destruction, or vandalism of property; Proposed Regulations: We propose to Handbook: National Incident-Based and any other crimes involving bodily add a definition of ‘‘Hierarchy Rule’’ to Reporting System (NIBRS), and, for the injury that are reported to campus § 668.46(a). The proposed regulations purposes of compiling hate crime security authorities or local police would define ‘‘Hierarchy Rule’’ as the statistics, the FBI’s UCR Hate Crime agencies that manifest evidence that the requirement in the FBI’s UCR program Data Collection Guidelines and Training victim was intentionally selected that, for purposes of reporting crimes in Guide for Hate Crime Data Collection. because of the victim’s actual or that system, when more than one Proposed Regulations: We propose to perceived race, gender, religion, sexual criminal offense is committed during a add a definition of the term ‘‘Federal orientation, ethnicity, or disability. single incident, only the most serious Bureau of Investigation’s (FBI) Uniform Section 668.46(c)(7) directs institutions offense is to be included in the Crime Reporting (UCR) Program’’ (FBI’s to use the definitions in the FBI’s UCR institution’s Clery Act statistics. UCR program) to § 668.46(a). This Hate Crime Data Collection Guidelines Reasons: The Department has long proposed definition would define the and Training Guide for Hate Crime Data required institutions to apply the FBI’s FBI’s UCR program as a nationwide, Collection in compiling the Hate Crime UCR program’s Hierarchy Rule when cooperative statistical effort in which statistics. calculating their annual Clery Act city, university and college, county, Proposed Regulations: We propose to statistics. The current regulations reflect State, Tribal, and Federal law add a definition of ‘‘hate crime’’ to this policy by referring to the guidelines enforcement agencies voluntarily report § 668.46(a). The proposed regulations in the UCR Reporting Handbook. As data on crimes brought to their would define ‘‘hate crime’’ to mean a discussed more fully under ‘‘Using the attention. The proposed addition would crime reported to local police agencies FBI’s UCR Program and the Hierarchy also clarify that the FBI’s UCR program or to a campus security authority that Rule,’’ we are proposing to create an serves as the basis for the definitions of manifests evidence that the victim was exception to the Hierarchy Rule in crimes in Appendix A to subpart D of intentionally selected because of the proposed § 668.46(c)(9) that would part 668 and the requirements for perpetrator’s bias against the victim. For apply only in cases where a sexual classifying crimes in subpart D. the purposes of the Clery Act, the assault and a murder occur in the same Reasons: The current regulations and, categories of bias that may serve as the incident. We believe that adding this to an even greater extent, the proposed basis for a determination that a crime is definition in § 668.46(a) will improve regulations, refer to the FBI’s UCR a hate crime would include the victim’s the clarity of the regulations, program in several places, and we actual or perceived race, religion, particularly given the proposed believe that adding a definition of the gender, gender identity, sexual exception to the Hierarchy Rule. term ‘‘FBI’s UCR program’’ at the orientation, ethnicity, national origin, Definition of Programs To Prevent beginning of the section will improve and disability. Dating Violence, Domestic Violence, Reasons: As discussed under the clarity of the regulations. Sexual Assault, and Stalking ‘‘Recording Crimes Reported to a Definition of Hate Crime Campus Security Authority,’’ we are Statute: Prior to enactment of VAWA, Statute: Prior to the enactment of proposing to re-structure paragraph (c) section 485(f)(8)(A) of the HEA required VAWA, section 485(f)(1)(F)(ii) of the to make the regulations easier to an institution to include in its annual HEA required institutions to compile understand. Those changes would result security report a statement of policy statistics about the number of cases of in references to hate crimes in multiple including, among other things, murder; manslaughter; sex offenses; places in this section, and we believe information about the institution’s robbery; aggravated assault; burglary; that adding a definition of ‘‘hate crime’’ campus sexual assault programs aimed motor vehicle theft; arson; larceny-theft; in § 668.46(a), using the existing at preventing sex offenses. This simple assault; intimidation; description of hate crimes in statement had to address the destruction, damage, or vandalism of § 668.46(c)(3), will help clarify the institution’s education programs to property; or other crimes involving regulations by explicitly defining this promote the awareness of rape, bodily injury reported to campus term, as well as making the definition acquaintance rape, and other sex security authorities or local police easy to find. offenses. Section 304 of VAWA agencies in which the victim was amended section 485(f)(8)(A) of the intentionally selected because of the Definition of Hierarchy Rule HEA to require that this statement of victim’s actual or perceived race, Statute: None. policy describe, among other things, the gender, religion, sexual orientation, Current Regulations: The current institution’s programs to prevent dating ethnicity, or disability. Under the HEA, regulations in § 668.46(c)(7) specify that violence, domestic violence, sexual institutions must record these statistics institutions must compile the crime assault, and stalking. VAWA also according to the category of prejudice. statistics for certain crimes using the expanded the information that the Section 304 of VAWA amended definitions of crimes in Appendix A to institution must include in its statement section 485(f)(1)(F)(ii) of the HEA to add subpart D of part 668 and the guidelines of policy to include descriptions of the national origin and gender identity as in the UCR Reporting Handbook. The institution’s primary prevention and categories of prejudice that may be UCR Reporting Handbook requires that, awareness programs for all incoming identified as the basis for a hate crime. when recording crimes when more than students and new employees and its Current Regulations: Section one offense was committed during a ongoing prevention and awareness 668.46(a) does not currently include a single incident, the Hierarchy Rule campaigns for students and faculty. definition of ‘‘hate crime.’’ However, the applies. Under the Hierarchy Rule, only Both primary prevention and awareness

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35427

programs and ongoing prevention and that the full committee consider adding Please see ‘‘Programs to Prevent awareness campaigns must include: (1) a definition of the term ‘‘programs to Dating Violence, Domestic Violence, A statement that the institution prevent dating violence, domestic Sexual Assault, and Stalking prohibits dating violence, domestic violence, sexual assault, and stalking’’ (§ 668.46(j))’’ for additional discussion violence, sexual assault, and stalking; in paragraph (a) of § 668.46 to serve as of programs to prevent dating violence, (2) the definitions of dating violence, an umbrella term for the primary domestic violence, sexual assault, and domestic violence, sexual assault, and prevention and awareness programs and stalking. stalking in the applicable jurisdiction; the ongoing prevention and awareness Definition of Sexual Assault (3) the definition of consent, in campaigns that institutions must now reference to sexual activity, in the provide. Statute: Section 304 of VAWA applicable jurisdiction; (4) safe and The committee members discussed amended section 485(f) of the HEA to positive options for bystander the definition of this term, focusing in require an institution to include in its intervention that may be carried out by particular on how to ensure that these annual security report certain policies, an individual to prevent harm or programs will reflect the best current procedures, and programs pertaining to intervene when there is a risk of dating thinking on the issues of sexual violence incidents of dating violence, domestic violence, domestic violence, sexual prevention. Several negotiators argued violence, sexual assault, and stalking. assault, or stalking against a person that many institutions use programs and VAWA also added a provision to section other than the individual; (5) practices that have been shown to be 485(f)(6)(A) defining ‘‘sexual assault’’ as information on risk reduction to ineffective and that reinforce and an offense classified as a forcible or recognize warning signs of abusive perpetuate outdated myths about gender nonforcible sex offense under the FBI’s behavior and how to avoid potential roles and behaviors, among other things. UCR program. attacks; and (6) information about the These negotiators believed that the Current Regulations: None. procedures that victims should follow, regulations should require institutions Proposed Regulations: We propose to and that the institution will follow, after to design programs using approaches add a definition of the term ‘‘sexual an incident of dating violence, domestic and strategies that research has proven assault’’ in § 668.46(a). This term would violence, sexual assault, or stalking has effective in preventing dating violence, be defined as ‘‘an offense that meets the occurred. domestic violence, sexual assault, and definition of rape, fondling, incest, or Current Regulations: None. stalking. Most of the negotiators agreed statutory rape as used in the FBI’s UCR Proposed Regulations: We propose to that institutions should not implement program and included in Appendix A’’ add a definition of ‘‘programs to prevent programs that have been proven to subpart D of part 668. dating violence, domestic violence, Reasons: Section 485(f)(6)(A)(v) of the ineffective or harmful, but some urged sexual assault, and stalking’’ in HEA defines sexual assault to mean ‘‘an that the term ‘‘research’’ should be given § 668.46(a). This term would be defined offense classified as a forcible or a broad interpretation to include as ‘‘comprehensive, intentional, and nonforcible sex offense under the research conducted according to integrated programming, initiatives, uniform crime reporting system of the scientific standards as well as strategies, and campaigns intended to Federal Bureau of Investigation.’’ Our assessments for efficacy carried out by end dating violence, domestic violence, proposed regulations reflect this institutions and other organizations. sexual assault, and stalking that are definition. However, for the reasons After consideration of these arguments, culturally relevant, inclusive of diverse discussed under ‘‘Crimes That Must Be the committee agreed to propose that communities and identities, sustainable, Reported and Disclosed,’’ we have these prevention programs must be responsive to community needs, and removed references to ‘‘forcible’’ and informed by research or assessed for informed by research or assessed for ‘‘nonforcible’’ sex offenses. We have value, effectiveness, or outcome. value, effectiveness, or outcome.’’ These also proposed to identify the sex programs must also ‘‘consider Similarly, the negotiators stressed the offenses that ‘‘sexual assault’’ would environmental risk and protective need to move away from programs that include to make this definition clear. factors as they occur on the individual, inappropriately place the burden on relationship, institutional, community, individuals to protect themselves, Definition of Stalking and societal levels.’’ Programs to instead of focusing on ways to reduce Statute: Section 304 of VAWA prevent dating violence, domestic the risk of perpetration. With this in amended sections 485(f)(6)(A) and violence, sexual assault, and stalking mind, the negotiators agreed to specify 485(f)(7) of the HEA to specify that the would also ‘‘include both primary that programs to prevent dating term ‘‘stalking’’ has the meaning given prevention and awareness programs violence, domestic violence, sexual the term in section 40002(a) of the directed at incoming students and new assault, and stalking must address Violence Against Women Act of 1994 employees and ongoing prevention and environmental factors that increase the (42 U.S.C. 13925(a)). The Violence awareness campaigns directed at risk of violence on numerous levels (i.e., Against Women Act of 1994 defines the students and employees.’’ risk factors) and factors that decrease term ‘‘stalking’’ to mean ‘‘engaging in a Reasons: During the negotiated the risk of violence or mitigate the course of conduct directed at a specific rulemaking sessions, the committee effects of a risk factor (i.e., protective person that would cause a reasonable formed a subcommittee focused on factors). person to fear for his or her safety or the issues related to the new prevention and The negotiators also discussed the safety of others; or suffer substantial training requirements that VAWA added need to emphasize that institutions emotional distress.’’ to the HEA. This subcommittee met should develop their prevention Current Regulations: None. several times to discuss possible programs thoughtfully and deliberately, Proposed Regulations: We propose to definitions of the terms relevant to these taking into account the particular add a definition of the term ‘‘stalking’’ requirements, as discussed under circumstances of their communities. in § 668.46(a). This definition would ‘‘Programs to Prevent Dating Violence, Generally, the negotiators agreed that it mirror the definition in section 40002(a) Domestic Violence, Sexual Assault, and is critical that institutions tailor their of the Violence Against Women Act of Stalking (§ 668.46(j)).’’ As a result of its programs for their students and 1994 while also defining some of the work, the subcommittee recommended employees and their needs. terms within that definition. ‘‘Course of

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35428 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

conduct’’ would be defined to mean two committee initially discussed a reasonable person under similar or more acts, including, but not limited developing a special rule to address circumstances and with similar to, acts in which the stalker directly, cyberstalking, the negotiators identities to the victim. The negotiators indirectly, or through third parties, by representing law enforcement and felt that this definition would produce any action, method, device, or means, members of the subcommittee from the the best outcomes in terms of ensuring follows, monitors, observes, surveils, Stalking Resource Center strongly that the perspective from which an threatens, or communicates to or about recommended against doing so, noting institution evaluates a report of stalking a person, or interferes with a person’s that cyberstalking is simply one form of reflects the experience of the victim. property. ‘‘Substantial emotional stalking and is typically treated under Finally, as with dating violence and distress’’ would mean significant mental the law the same way as any other domestic violence, the proposed suffering or anguish that may, but does stalking course of conduct, and that regulations provide that any incident not necessarily, require medical or other stalking someone through electronic that meets the definition of stalking professional treatment or counseling. means is frequently intertwined with would be considered a ‘‘crime’’ for the ‘‘Reasonable person’’ would mean a other forms of stalking. purposes of the Clery Act. We have reasonable person under similar Second, the subcommittee suggested included this provision to make it clear circumstances and with similar adding clarifying language to explain that all such incidents would have to be identities to the victim. Finally, the the phrase ‘‘substantial emotional recorded in an institution’s statistics proposed regulations would clarify that, distress.’’ In particular, the and to improve the readability of the for the purpose of complying with the subcommittee suggested defining regulations. requirements of the Clery Act, including ‘‘emotional distress’’ similarly to the for statistics purposes, any incident that Model Stalking Code, which defines the Annual Security Report term to mean ‘‘significant mental meets this definition of stalking would Memorandum of Understanding be considered a crime. suffering or distress that may, but does Reasons: The proposed definition of not necessarily, require medical or other Statute: Prior to the passage of the stalking is based largely on the work of professional treatment or counseling.’’ Higher Education Opportunity Act of a subcommittee that was created to Because the Model Stalking Code uses 2008 (HEOA), institutions were required focus on issues related to the definition the term ‘‘significant’’ in defining to include in their annual security of stalking and counting incidents of ‘‘emotional distress’’ the Committee was reports a statement of current policies stalking. This subcommittee, which satisfied with adopting that language to concerning campus law enforcement. included experts from the Stalking define ‘‘substantial emotional distress’’ Among other things, this statement had Resource Center, suggested that the in the proposed regulations. to include information about the Department add clarifying language to Third, the subcommittee discussed ‘‘enforcement authority of security the VAWA definition of stalking based the phrase ‘‘would cause a reasonable personnel, including their working on the recommendations in the ‘‘Model person to fear for his or her safety or the relationship with State and local police Stalking Code’’ issued by the National safety of others.’’ In particular, the agencies.’’ Section 488(e)(1)(B) of the Center for Victims of Crime.2 In subcommittee noted that the definition HEOA amended section 485(f)(1)(C) of particular, the subcommittee focused on of stalking does not require a victim to the HEA to explicitly require defining several terms within VAWA’s actually suffer substantial emotional institutions to include in this policy definition of stalking, which had distress, but instead only that the course statement information about any substantial overlap with the definition of conduct would cause a reasonable agreements, such as written memoranda in the Model Stalking Code. person to suffer distress. Further, the of understanding, that they have with First, the subcommittee suggested that subcommittee suggested that the State and local law enforcement the Department adopt the definition of Department adopt the Model Stalking agencies with respect to the ‘‘course of conduct’’ from the Model Code’s definition of a ‘‘reasonable investigation of alleged criminal Stalking Code which is ‘‘two or more person’’ to mean ‘‘a reasonable person offenses. acts, including, but not limited to, acts in the victim’s circumstances.’’ The Current Regulations: Section in which the stalker directly, indirectly, Department did not initially incorporate 668.46(b)(4)(i) currently requires an or through third parties, by any action, this definition of ‘‘reasonable person’’ in institution to include in its annual method, device, or means, follows, the draft regulations presented to the security report a statement of current monitors, observes, surveils, threatens, negotiators during the second session policies concerning campus law or communicates to or about, a person, because the term ‘‘reasonable person’’ is enforcement that addresses the or interferes with a person’s property.’’ generally understood and we were not enforcement authority of security The full committee accepted this convinced that further elaboration was personnel, including their relationship suggestion because this comprehensive needed. Some of the negotiators agreed with State and local police agencies and description appropriately covers the that the ‘‘reasonable person’’ standard is whether those security personnel have wide range of behaviors that a a concept used in law and in a number the authority to arrest individuals. perpetrator might exhibit when stalking of situations over hundreds of years and a victim. In particular, the committee that trying to nuance it to fit a particular Proposed Regulations: We propose to agreed that this definition would set of circumstances would weaken the revise § 668.46(b)(4)(i) to reflect the appropriately include means of stalking generality and adaptability of the changes made by the HEOA and to that are particularly troubling on college standard. Other negotiators, however, further clarify the existing requirements. campuses, such as cyberstalking and the argued that a reasonable person, for Specifically, we propose to require public distribution (e.g., online) of Clery Act purposes, should be defined institutions to address in the statement materials of a personal or intimate in a way that would speak to the of current policies concerning campus nature about a victim to humiliate, identities and experiences of all law enforcement the jurisdiction of degrade, or expose the victim. While the members of the campus community. security personnel, as well as any Ultimately, the committee agreed to agreements, such as written memoranda 2 www.victimsofcrime.org/docs/src/model- define the term ‘‘reasonable person’’ of understanding between the stalking-code.pdf?sfvrsn=0. within the definition of stalking to mean institution and State and local police

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35429

agencies, for the investigation of alleged current § 668.46(b)(4)(ii), we require emphasize that, for the purposes of criminal offenses. institutions to address in their statement reporting crimes to the campus police Reasons: The Department had of policy concerning campus law and the appropriate police agencies, previously not reflected the statutory enforcement their policies to encourage institutions must encourage accurate provision regarding agreements between accurate and prompt reporting of all and prompt reporting of all crimes when campus security agencies and State and crimes to the campus police and the the victim of the crime elects to report local police in the regulations. Over the appropriate police agencies, when the the crime or when the victim is unable last several years, however, the victim of a crime elects to or is unable to make a report. Department has received requests to to make such a report. We believe that it is important for incorporate this provision into the Reasons: During the negotiated institutions to encourage members of regulations to make the regulations rulemaking sessions, one negotiator the campus community to report crimes more complete. As a result, we are raised concerns that institutions have to campus security authorities to ensure proposing to add this provision to the historically misinterpreted the provision that all crimes are included in the regulations. in current § 668.46(b)(4)(ii) to mean that institution’s Clery Act statistics. Our Additionally, we are proposing to add they must encourage students and longstanding policy is that institutions the words ‘‘and jurisdiction’’ in employees to report crimes to law must record reports of the Clery Act § 668.46(b)(4)(i) to make it explicit that enforcement, even when the victim does crimes in their statistics, regardless of institutions must include information not wish to initiate a criminal report. whether the report comes from the about jurisdiction when addressing the The negotiator was particularly troubled victim or a third party. On the other enforcement authority of campus law that a third party would report a crime hand, we understand that, particularly enforcement. We believe that this will to a responsible employee at the at institutions with sworn police provide the campus community with a institution (for purposes of title IX) officers, the same individuals or better understanding of the physical against the victim’s wishes, triggering a departments may be responsible for locations in which campus law title IX investigation or police compiling the institution’s Clery Act enforcement will patrol or otherwise investigation that could compromise the statistics and for initiating title IX carry out its duties. victim’s confidentiality. The negotiator investigations or pursuing criminal asserted that this misinterpretation has charges. To address these concerns, in Elects To or Is Unable To Report exacerbated the problem of the Handbook we will encourage Statute: Prior to the enactment of underreporting of sex offenses on institutions to emphasize and make VAWA, section 485(f)(1)(C)(iii) of the college campuses. clear to students and employees what HEA required institutions to include in Additionally, some of the negotiators opportunities exist for making their annual security reports a statement suggested going a step further by confidential reports of crimes for of current policies concerning campus defining ‘‘unable to report’’ to mean that inclusion in the institution’s Clery Act law enforcement that addresses, among a victim is physically unable to make a statistics, for filing a title IX complaint other things, policies that encourage report, such as when the victim is in a at the institution, and for obtaining accurate and prompt reporting of all coma. They felt that this would address counseling or treatment without crimes to the campus police and the the situation in which a member of the initiating a title IX investigation or appropriate law enforcement agencies. campus community would report a criminal investigation. Section 304 of VAWA amended this crime against the victim’s wishes after provision to clarify that this policy deciding that the victim was Programs and Procedures Regarding statement must address accurate and psychologically unable to make a report Dating Violence, Domestic Violence, prompt reporting of all crimes to the out of fear or coercion. Other Sexual Assault, and Stalking—Policy campus police and the appropriate law negotiators, while agreeing that it is Statement enforcement agencies when the victim important to empower victims to make Statute: Prior to the enactment of of the crime elects or is unable to make these decisions for themselves, opposed VAWA, section 485(f)(8)(A) of the HEA such a report. adding ‘‘physically’’ as a qualifier required institutions to include in their Current Regulations: Current because they believed that it would be annual security reports a statement of § 668.46(b)(4)(ii) requires institutions to interpreted to exclude situations where policy regarding their programs to include in their annual security reports a victim is mentally incapacitated and prevent sexual assaults on campus and a statement of current policies unable to make a report. the procedures that they will follow concerning campus law enforcement Ultimately, in considering these once a sex offense has occurred. Section that, among other things, encourages concerns, the negotiated rulemaking 304 of VAWA revised and expanded the accurate and prompt reporting of all committee agreed to incorporate the types of information that institutions crimes to the campus police and the statutory language into the regulations, must include in this policy statement. appropriate police agencies. with the slight modification of adding The following chart summarizes the Proposed Regulations: In proposed the word ‘‘to’’ in the phrase ‘‘elects to changes that VAWA made to this § 668.46(b)(4)(iii), which modifies or is unable to report,’’ for clarity, to required policy statement in the HEA:

Pre-VAWA Post-VAWA

Each institution of higher education participating Each institution of higher education participating in any program under this title and title IV of in any program under this title, other than a the Economic Opportunity Act of 1965, other than a foreign institution of higher education, foreign institution of higher education, shall shall develop and distribute as part of the report described in paragraph (1) a statement of develop and distribute as part of the annual policy regarding— security report a statement of policy regard- ing— (i) The institution’s campus sexual assault pro- (i) The institution’s programs to prevent dating violence, domestic violence, sexual assault, grams, which shall be aimed at the prevention and stalking; and of sex offenses; and

VerDate Mar<15>2010 20:21 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35430 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

Pre-VAWA Post-VAWA

(ii) Procedures followed once a sex offense has (ii) The procedures that the institution will follow once an incident of dating violence, domestic occurred. violence, sexual assault, or stalking has been reported, including a statement of the stand- ard of evidence that will be used during any institutional conduct proceeding arising from the report. The policy statement shall address the following The policy statement shall address the following areas: areas: (i) Education programs to promote the aware- (i) Education programs to promote the awareness of rape, acquaintance rape, dating violence, ness of rape, acquaintance rape, and other domestic violence, sexual assault, and stalking, which shall include— sex offenses. (I) Primary prevention and awareness programs for all incoming students and new employ- ees, which shall include— (aa) A statement that the institution of higher education prohibits the offenses of dating vio- lence, domestic violence, sexual assault, and stalking; (bb) The definition of dating violence, domestic violence, sexual assault, and stalking in the applicable jurisdiction; (cc) The definition of consent, in reference to sexual activity, in the applicable jurisdiction; (dd) Safe and positive options for bystander intervention that may be carried out by an indi- vidual to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking against a person other than such individual; (ee) Information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and (ff) The information in clauses (ii) through (vii). (II) Ongoing prevention and awareness campaigns for students and faculty that provide the information provided in the primary prevention and awareness programs. (ii) Possible sanctions to be imposed following (ii) Possible sanctions or protective measures that the institution may impose following a final the final determination of an on-campus dis- determination of an institutional disciplinary procedure regarding rape, acquaintance rape, ciplinary procedure regarding rape, acquaint- dating violence, domestic violence, sexual assault, or stalking. ance rape, or other sex offenses, forcible or non-forcible. (iii) Procedures students should follow if a sex (iii) Procedures victims should follow if a sex offense, dating violence, domestic violence, sex- offense occurs, including who should be con- ual assault, or stalking has occurred, including information in writing about— tacted, the importance of preserving evidence (I) The importance of preserving evidence as may be necessary to the proof of criminal dat- as may be necessary to the proof of criminal ing violence, domestic violence, sexual assault, or stalking, or in obtaining a protection order. sexual assault, and to whom the alleged of- (II) To whom the alleged offense should be reported. fense should be reported. (iv) Informing students of their options to notify (III) Options regarding law enforcement, including notification of the victim’s option to— proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. (aa) Notify proper law enforcement authorities, including on-campus and local police. (bb) Be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses. (cc) Decline to notify such authorities. (IV) Where applicable, the rights of victims and the institution’s responsibilities regarding or- ders of protection, no-contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court. (iv) Procedures for on-campus disciplinary ac- (iv) Procedures for institutional disciplinary action in cases of alleged dating violence, domestic tion in cases of alleged sexual assault, which violence, sexual assault, or stalking, which shall include a clear statement that— shall include a clear statement that— (I) Such proceedings shall— (aa) Provide a prompt, fair, and impartial investigation and resolution; and (bb) Be conducted by officials who receive annual training on the issues related to dating vi- olence, domestic violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. (A) The accuser and the accused are entitled to (II) The accuser and the accused are entitled to the same opportunities to have others the same opportunities to have others present present during an institutional disciplinary proceeding, including the opportunity to be accom- during a campus disciplinary proceeding; and panied to any related meeting or proceeding by an advisor of their choice; and (B) Both the accuser and the accused shall be (III) Both the accuser and the accused shall be simultaneously informed, in writing, of— informed of the outcome of any campus dis- (aa) The outcome of any institutional disciplinary proceeding that arises from an allegation ciplinary proceeding brought alleging a sexual of dating violence, domestic violence, sexual assault, or stalking; assault. (bb) The institution’s procedures for the accused and the victim to appeal the results of the in- stitutional disciplinary proceeding; (cc) Any change to the results that occurs prior to the time that the results become final; and (dd) When such results become final. (v) (See the 8th row in this table above) ...... (v) Information about how the institution will protect the confidentiality of victims, including how publicly available recordkeeping will be accomplished without the inclusion of identifying in- formation about the victim, to the extent permissible by law. (iv) Notification of students of existing coun- (vi) Written notification of students and employees about existing counseling, health, mental seling, mental health, or student services for health, victim advocacy, legal assistance, and other services available for victims both on- victims of sexual assault, both on campus campus and in the community. and in the community.

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35431

Pre-VAWA Post-VAWA

(vii) Notification of students of options for, and (vii) Written notification of victims about options for, and available assistance in, changing aca- available assistance in, changing academic demic, living, transportation, and working situations, if so requested by the victim and if such and living situations after an alleged sexual accommodations are reasonably available, regardless of whether the victim chooses to re- assault incident, if so requested by the victim port the crime to campus police or local law enforcement. and if such changes are reasonably available.

Current Regulations: The current proceeding does not constitute a described in proposed paragraphs regulations in § 668.46(b)(11) largely violation of FERPA and state that the (b)(11)(ii) through (vi). mirror the statutory provisions as they outcome of a disciplinary proceeding Please see the discussions under existed prior to the enactment of VAWA means only the institution’s final ‘‘Preserving Evidence, Reporting by requiring institutions to include in determination with respect to the Offenses to Law Enforcement and their annual security reports a statement alleged sex offense and any sanction Campus Authorities, and Protection of policy regarding the institution’s that is imposed against the accused. Orders,’’ ‘‘Confidentiality of Victims,’’ sexual assault programs to prevent sex Proposed Regulations: We are ‘‘Notification of Assistance and offenses, and procedures to follow when proposing to revise and re-structure Services,’’ ‘‘Notification of a sex offense occurs. The regulations § 668.46(b)(11) to reflect the changes Accommodations,’’ ‘‘Written Statement also outline the items that the statement made to the HEA by VAWA. First, we of Rights and Options,’’ ‘‘Programs to of policy must address, including: (1) A would revise the regulations to require Prevent Dating Violence, Domestic description of educational programs to institutions to include in their annual Violence, Sexual Assault, and Stalking,’’ promote the awareness of rape, security reports a statement of policy and ‘‘Institutional Disciplinary acquaintance rape, and other forcible regarding the institution’s programs to Proceedings in Cases of Alleged Dating and nonforcible sex offenses; (2) prevent dating violence, domestic Violence, Domestic Violence, Sexual procedures students should follow if a violence, sexual assault, and stalking Assault, or Stalking’’ for detailed sex offense occurs, including and the procedures that the institution descriptions of the changes and procedures concerning who should be will follow when one of these crimes is additions we are proposing in reported. We would similarly replace paragraphs (b)(11)(ii), (iii), (iv), (v), and contacted, the importance of preserving references to ‘‘sex offenses,’’ ‘‘campus (vii) and in paragraphs (j) and (k) of evidence for the proof of a criminal sexual assault,’’ and ‘‘criminal sexual § 668.46. offense, and to whom the alleged assault,’’ with references to ‘‘dating Reasons: Generally, we are proposing offense should be reported; (3) violence, domestic violence, sexual to revise the current provisions in information on a student’s option to assault, and stalking,’’ where applicable, § 668.46(b)(11) to reflect the VAWA notify appropriate law enforcement in § 668.46(b)(11)(i) through (vii). amendments. authorities, including on-campus and Second, in proposed § 668.46(b)(11)(i), We are also proposing to replace local police, and a statement that we propose to replace the current current paragraph (b)(11)(i) with a cross- institutional personnel will assist the provisions in § 668.46(b)(11)(i) with a reference to proposed new paragraph (j), student in notifying these authorities, if cross-reference to proposed new and current paragraphs (b)(11)(vi) and the student requests the assistance of paragraph (j), which would address the (vii) with a cross-reference to proposed these personnel; (4) notification to requirements pertaining to an new paragraph (k), to streamline students of existing on- and off-campus institution’s educational programs to paragraph (b)(11) and help institutions counseling, mental health, or other promote the awareness of dating and the public better understand and student services for victims of sex violence, domestic violence, sexual follow these regulations. This is the offenses; (5) notification to students that assault, and stalking. Third, we propose same approach we took when the institution will change a victim’s to replace the current provisions in implementing changes that the HEOA academic and living situations after an § 668.46(b)(11)(vi) and (vii) with a cross- made to the Clery Act in 2008 of using alleged sex offense and of the options reference to proposed new paragraph cross-references to direct readers to later for those changes, if those changes are (k), which would address an paragraphs for information pertaining to requested by the victim and are institution’s procedures for campus policy statements on missing student reasonably available; (6) procedures for disciplinary action in cases of alleged notification and emergency response campus disciplinary action in cases of dating violence, domestic violence, and evacuation procedures. an alleged sex offense, including a clear sexual assault, or stalking and the statement that the accuser and the possible resulting sanctions. Fourth, we Preserving Evidence, Reporting Offenses accused are entitled to the same would revise the remaining provisions to Law Enforcement and Campus opportunities to have others present in paragraphs (b)(11)(ii), (iii), (iv), and Authorities, and Protection Orders during a disciplinary proceeding and (v) to reflect the new statutory language. Statute: Prior to the enactment of that both the accuser and the accused Finally, we would add new paragraph VAWA, section 485(f)(8)(B)(iii) of the must be informed of any institutional (b)(11)(vii) to require institutions to HEA required institutions to address in disciplinary proceeding brought alleging state in their annual security reports their annual security reports the a sex offense; and (7) sanctions the that, when a student or employee procedures students should follow if a institution may impose following a final reports to the institution that the sex offense occurs, including who determination of any institutional individual was a victim of dating should be contacted, the importance of disciplinary proceeding regarding rape, violence, domestic violence, sexual preserving evidence as may be acquaintance rape, or other forcible or assault, or stalking, whether the offense necessary to the proof of criminal sexual nonforcible sex offense. Additionally, occurred on or off campus, the assault, and to whom the alleged offense the current regulations specify that institution will provide that victim with should be reported. Further, section informing both the accuser and the a written explanation of the student’s or 485(f)(8)(B)(v) of the HEA required accused of the outcome of a disciplinary employee’s rights and options, as institutions to inform students of their

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35432 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

options to notify proper law § 668.46(b)(11)(ii), we would specify orders that an institution may impose to enforcement authorities, including on- that institutions must include as part of protect a victim after an allegation of campus and local police, and the option these procedures information about the dating violence, domestic violence, to be assisted by campus authorities in importance of preserving evidence that sexual assault, or stalking. During the notifying law enforcement authorities, if may assist in proving that the alleged discussions, a few of the negotiators the student chose to do so. VAWA criminal offense occurred or may be asked the Department to clarify what an amended section 485(f)(8)(B) of the HEA helpful in obtaining a protection order. institution’s responsibility would be to to require institutions to provide this In proposed § 668.46(b)(11)(ii)(B), enforce orders of protection or similar information to ‘‘victims’’—not just to which modifies current orders issued by a court. Institutions are ‘‘students’’—in writing; to require that § 668.46(b)(11)(ii), we would clarify responsible for understanding their legal this information be provided after an that, in disclosing to victims to whom responsibilities based on the incident of dating violence, domestic they should report an alleged offense, circumstances of a particular order. The violence, sexual assault, or stalking— institutions must specify how a victim Department is not in a position to not just after a ‘‘sex offense’’—occurs; to should make that report. provide guidance to institutions on add information about the importance of In proposed § 668.46(b)(11)(ii)(C), individual protection orders. preserving evidence that may be which modifies current Confidentiality of Victims necessary to prove criminal dating § 668.46(b)(11)(ii), we would add that violence, domestic violence, sexual institutions must inform victims not Statute: Section 304 of VAWA assault, or stalking or to obtain a only of their options to notify proper amended section 485(f)(8)(B)(v) of the protection order; and to add that law enforcement authorities, including HEA to require institutions to address in institutions must notify victims of their on-campus and local police, and to be their annual security reports how they right to decline to notify law assisted by campus authorities in doing will protect the confidentiality of enforcement authorities of such so, but also of their option to decline to victims, including how publicly incidents. notify such authorities. available recordkeeping will be Current Regulations: Section Finally, we would add accomplished without the inclusion of 668.46(b)(11)(ii) of the current § 668.46(b)(11)(ii)(D) to provide that identifying information about the regulations specifies that an institution’s institutions must inform victims of their victim, to the extent permissible by law. statement of policy pertaining to rights and, where applicable, the Current Regulations: None. campus sexual assaults must include institution’s responsibilities for orders Proposed Regulations: We propose to information about procedures students of protection, no-contact orders, add § 668.46(b)(11)(iii) to specify that should follow if a sex offense occurs, restraining orders, or similar lawful institutions must address in their including procedures concerning who orders issued by a criminal, civil, or annual security reports how the should be contacted, the importance of tribal court or by the institution. institution will: (1) Complete publicly preserving evidence for the proof of a Reasons: Generally, we are proposing available recordkeeping, including for criminal offense, and to whom the the changes and additions in the purposes of Clery Act reporting and alleged offense should be reported. § 668.46(b)(11)(ii) to implement the disclosure, without the inclusion of Section 668.46(b)(11)(iii) requires amendments to the HEA made by identifying information about the institutions to further include in this VAWA; however, we are proposing victim; and (2) maintain as confidential statement of policy information on a some additional clarifications based on any accommodations or protective student’s option to notify appropriate the discussions at the negotiated measures provided to the victim, to the law enforcement authorities, including rulemaking sessions. extent that maintaining such on-campus and local police, and a First, we are proposing in confidentiality would not impair the statement that institutional personnel § 668.46(b)(11)(ii)(B) to clarify that ability of the institution to provide the will assist the student in notifying these institutions must include information accommodations or protective authorities, if the student requests that about how a victim should report an measures. ‘‘Identifying information assistance. alleged offense of dating violence, about the victim’’ would have the same Proposed Regulations: We propose to domestic violence, sexual assault, or meaning as ‘‘personally identifying revise § 668.46(b)(11)(ii) to require stalking. Many negotiators indicated information’’ or ‘‘personal information’’ institutions to provide written that victims often are unaware of the in section 40002(a)(20) of the Violence information to victims about the processes they must follow to report one Against Women Act of 1994 (42 U.S.C. procedures that one should follow if a of these offenses. The negotiators agreed 13925(a)(20)), which is defined to mean crime of dating violence, domestic that, in addition to knowing who to individually identifying information for violence, sexual assault, or stalking has notify, it would be helpful for victims to or about an individual, including occurred. In complying with this have information in an institution’s information likely to disclose the proposed provision, institutions would annual security report about any location of a victim of dating violence, have to keep in mind that dating processes in place for notifying the domestic violence, sexual assault, or violence, domestic violence, and appropriate officials. stalking, regardless of whether the stalking would include, for Clery Act Second, we are proposing in information is encoded, encrypted, purposes, any incident that meets the § 668.46(b)(11)(ii)(D) to specify that hashed, or otherwise protected, definitions of those terms in proposed institutions must address in its including: (1) A first and last name; (2) § 668.46(a). Accordingly, institutions statement of policy in the annual a home or other physical address; (3) would be required to provide certain security report victims’ rights and the contact information (including a postal, procedural information to victims after institution’s responsibilities for email, or Internet protocol address, or one of these incidents occurs, regardless enforcing orders of protection, no- telephone or facsimile number); (4) a of whether the incident would be contact orders, restraining orders, or social security number, driver license considered a crime for other, non-Clery similar lawful orders issued by courts number, passport number, or student Act purposes. and by the institution. Some of the identification number; and (5) any other In proposed § 668.46(b)(11)(ii)(A), negotiators felt strongly that victims information, including date of birth, which modifies current should be informed of the types of racial or ethnic background, or religious

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35433

affiliation, that would serve to identify a statement on notification to students assistance in, changing academic and an individual. of existing on- and off-campus living situations after an alleged sexual Reasons: During the negotiated counseling, mental health, or other assault, if requested by the victim and rulemaking sessions, several negotiators student services for victims of sex if such changes are reasonably available. expressed concerns that some offenses. VAWA expanded and clarified this institutions mistakenly believe that they Proposed Regulations: In proposed provision to require institutions to may, or must, disclose identifying § 668.46(b)(11)(iv), which modifies include in their annual security reports information about victims to comply current § 668.46(b)(11)(iv), we would written notification to victims about with Federal and State open records require institutions to specify in their options for, and available assistance in, requirements and that information about annual security reports that they will changing academic, living, accommodations and protective provide written notification to students transportation, and working situations, measures available for victims need not and employees about existing if requested by the victim and if such be kept confidential. These negotiators counseling, health, mental health, accommodations are reasonably stressed the importance of emphasizing victim advocacy, legal assistance, visa available, regardless of whether the in the regulations that institutions and immigration assistance, and other victim chooses to report the crime to should preserve the confidentiality of services available for victims within the campus police or local law enforcement. victims to the maximum extent possible institution and in the community. Current Regulations: Section to avoid re-victimization and retribution Reasons: We propose these changes to 668.46(b)(11)(v) requires institutions to and to protect a victim’s right to implement the changes made by VAWA include in their annual security reports privacy. They also noted that several of in this area. We are also proposing, notification to students that the the provisions that VAWA added to the however, to expand the list of services institution will change a victim’s HEA reflect this concern. As a result, about which institutions must provide academic and living situations after an the proposed regulations would build information to victims, if those services alleged sex offense and of the options on the provisions in VAWA by requiring are available. Specifically, in addition to for those changes, if those changes are institutions to provide information the types of accommodations that requested by the victim and are about how they will protect the VAWA added, we propose that reasonably available. confidentiality of victims and other institutions must notify victims of any Proposed Regulations: In proposed necessary parties and complete publicly available assistance at the institution or § 668.46(b)(11)(v), which modifies available recordkeeping—including the in the community with visa or current § 668.46(b)(11)(v), we would Clery Act statistical and crime log immigration issues. One of the require institutions to also specify in requirements—without including negotiators recommended that we add their annual security reports that they information about the victim. this category because many institutions will provide written notification to Institutions should strive to protect a have international students, and these victims about options for, and available victim’s confidentiality to the maximum students—and their partners and assistance in, changing transportation extent possible when providing children—if victims of dating violence, and working situations, in addition to accommodations or instituting domestic violence, sexual assault, and academic and living situations. The protective measures for the victim. We stalking may face significant barriers in regulations would clarify that the believe that the proposed regulations receiving needed services or support institution must make these would appropriately balance the need to due to concerns regarding their visa and accommodations if the victim requests protect a victim’s safety and privacy immigration status. Other committee them and if they are reasonably while also ensuring the safety of the members agreed that this would be available, regardless of whether the campus community. These proposed valuable information for international victim chooses to report the crime to regulations are also consistent with students, but also noted that, as with the campus police or local law enforcement. section 485(f)(10) of the HEA, which other types of services, institutions Reasons: We are proposing these specifies that nothing in this section would be required to provide this changes to implement the changes made shall be construed to require the information only if the services are by VAWA. Some negotiators were reporting or disclosure of privileged available. Another negotiator suggested concerned that some institutions believe information. clarifying that institutions could that they are not required to provide provide information about other types of accommodations if a victim chooses not Notification of Assistance and Services services that may be available, arguing to report the crime to local law Statute: Prior to the enactment of that institutions might believe that the enforcement. To address this concern, VAWA, section 485(f)(8)(B)(vi) of the topics listed in the regulations are the we are proposing to clarify in this HEA required institutions to address in only topics that they should address provision that institutions must provide their annual security reports notification when providing information to students these accommodations if they are of students of existing counseling, and employees. We agree with the requested by the victim, regardless of mental health, or student services for negotiator and believe that the whether the victim reports the crime to victims of sexual assault, both on regulatory language in proposed local law enforcement. campus and in the community. VAWA § 668.46(b)(11)(iv) makes it clear that, in Written Statement of Rights and Options amended this provision to require addition to the categories listed, institutions to include in their annual institutions may provide additional Statute: VAWA added section security reports written notification to safety and security information to their 485(f)(8)(C) to the HEA to require an students and employees about existing students and employees. institution to provide a student or counseling, health, mental health, employee who reports to the institution victim advocacy, legal assistance, and Notification of Accommodations that the student or employee has been other services available for victims both Statute: Prior to the enactment of a victim of dating violence, domestic on campus and in the community. VAWA, section 485(f)(8)(B)(vii) of the violence, sexual assault, or stalking with Current Regulations: Section HEA required institutions to address in a written explanation of that person’s 668.46(b)(11)(iv) requires institutions to their annual security reports notification rights and options, as described in include in their annual security reports of students of options for, and available sections 485(f)(8)(B)(ii) through

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35434 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

(f)(8)(B)(vii) of the HEA. Institutions explanation of the student’s or worth of statistics concerning the must provide this written explanation to employee’s rights and options, as occurrence of certain crimes on campus, these victims, regardless of whether the described in proposed § 668.46(b)(11)(ii) in or on noncampus buildings or offense occurred on or off campus. through (b)(11)(vi). property, and on public property that Current Regulations: None. Reasons: We are proposing these are reported to campus security Proposed Regulations: We propose to changes to implement VAWA. authorities or local police agencies. add § 668.46(b)(11)(vii) to require VAWA expanded the list of crimes for institutions to specify in their annual Annual Crime Statistics which institutions must report and security reports that, when a student or Crimes That Must Be Reported and disclose statistics to include incidents of employee reports to the institution that Disclosed dating violence, domestic violence, and the student or employee has been a stalking that were reported to campus victim of dating violence, domestic Statute: Prior to VAWA, section security authorities or local police violence, sexual assault, or stalking, 485(f)(1)(F) of the HEA required agencies. The following chart whether the offense occurred on or off institutions to report to the Department summarizes the reportable crimes under campus, the institution will provide the and disclose in their annual security the Clery Act prior to and subsequent to student or employee with a written reports the most recent three years’ VAWA:

Pre-VAWA Post-VAWA

Primary crimes: Primary crimes: Murder Murder. Sex Offenses Sex Offenses. Robbery Robbery. Aggravated Assault Aggravated Assault. Burglary Burglary. Motor Vehicle Theft Motor Vehicle Theft. Manslaughter Manslaughter. Arson Arson. If determined to be a hate crime: If determined to be a hate crime: Larceny-Theft Larceny-Theft. Simple Assault Simple Assault. Intimidation Intimidation. Destruction, Damage, or Vandalism of Property Destruction, Damage, or Vandalism of Property. Any Other Crime Involving Bodily Injury Any Other Crime Involving Bodily Injury. Arrests and referrals for disciplinary action for: Arrests and referrals for disciplinary action for: Weapons Possession Weapons Possession. Liquor Law Violations Liquor Law Violations. Drug Law Violations Drug Law Violations. VAWA crimes: Dating Violence. Domestic Violence. Stalking.

Current Regulations: The current security authority under paragraph nonforcible sex offenses—incest and regulations in § 668.46(c) require (c)(1), the crimes of larceny-theft, simple statutory rape. institutions to report to the Department assault, intimidation, and destruction, Proposed Regulations: We propose to statistics for the three most recent damage, and vandalism of property, and make several changes to § 668.46(c) calendar years concerning the any other crimes involving bodily regarding the crimes that must be occurrence on campus, in or on injury, that manifest evidence that the included in the Clery Act statistics noncampus buildings or property, and victim was intentionally selected reported to the Department and on public property of certain crimes. because of the victim’s actual or included in the institution’s annual • § 668.46(c)(1) requires institutions perceived race, gender, religion, sexual security report. First, we would require to report the following incidents that are orientation, ethnicity, or disability. institutions to maintain statistics about reported to local police agencies or to a Under § 668.46(b)(1), institutions must the number of incidents of dating campus security authority: criminal also disclose these statistics in their violence, domestic violence, and homicide (including murder and annual security reports. stalking that meet the definitions of nonnegligent manslaughter and In defining the crimes that must be those terms, as proposed in § 668.46(a). negligent manslaughter), sex offenses included in the statistics on sex This change is reflected in proposed (including forcible and nonforcible sex offenses, the Department has § 668.46(c)(1)(iv). offenses), robbery, aggravated assault, historically used the definitions of sex Second, we propose to require burglary, motor vehicle theft, arson, and offenses in the National Incident-Based institutions to report and disclose arrests and referrals for disciplinary Reporting System (NIBRS) Edition of the instances of rape, fondling, incest, and action for liquor law violations, drug FBI’s UCR program. Under that statutory rape. Specifically, we would law violations, and illegal weapons approach, the Department has collected revise the definition of ‘‘rape’’ in possession. statistics for crimes that meet the Appendix A to reflect the FBI’s recently • § 668.46(c)(3) requires institutions definitions in NIBRS for four types of updated definition in the UCR Summary to report to the Department, by category forcible sex offenses—forcible rape, Reporting System (SRS), which of prejudice, any of the crimes reported forcible sodomy, sexual assault with an incorporates the NIBRS categories of to local police agencies or to a campus object, and forcible fondling—and two rape, sodomy, and sexual assault with

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35435

an object. Because instances of rape, crimes of criminal homicide (including though they acknowledged that it would sodomy, and sexual assault with an murder and nonnegligent manslaughter require institutions to count a single object would all be included under the and negligent manslaughter), sex incident in more than one Clery Act definition of rape, we would no longer offenses (rape, fondling, incest, and crime category. Ultimately, the collect statistics for those crime statutory rape), robbery, aggravated committee agreed to use the second categories separately. We would assault, burglary, motor vehicle theft, approach as reflected in these proposed continue to use the definitions of ‘‘sex and arson under § 668.46(c)(1)(i); move regulations. The negotiators noted, offenses,’’ ‘‘fondling,’’ ‘‘incest,’’ and arrests and disciplinary actions for however, that institutions may opt to ‘‘statutory rape’’ from the NIBRS edition liquor law violations, drug law provide more detailed information as of the UCR; however, we would revise violations, and illegal weapons part of the annual security report about these definitions to reflect the FBI’s possession to § 668.46(c)(1)(ii); move the incidents of dating violence, domestic updated definitions. Additionally, we reportable hate crimes to violence, and stalking on their would eliminate the distinction between § 668.46(c)(1)(iii); and add the crimes campuses if they choose. Some forcible and nonforcible sex offenses added by VAWA in § 668.46(c)(1)(iv). institutions currently provide hate and refer simply to sex offenses. With Reasons: We are proposing these crime data in their annual security these changes, the sex offenses and their changes to implement VAWA, to reflect reports in a narrative or descriptive definitions for the purposes of the Clery updates to the FBI’s definitions of format instead of in a tabular format to Act would be: crimes in the UCR program and to provide more context for each crime. • Sex Offenses (from NIBRS): Any improve the clarity of the regulations. Similarly, we will permit institutions to sexual act directed against another The negotiators considered two primary present their statistical information for person without the consent of the approaches to collecting statistics on incidents of dating violence, domestic victim, including instances where the incidents of dating violence, domestic violence, and stalking in a narrative or victim is incapable of giving consent. descriptive format, as long as they • violence, and stalking that meet the Rape (from SRS): The penetration, proposed definitions discussed under include statistics for the three most no matter how slight, of the vagina or the Definitions section. First, the recent calendar years, disclosed by geographic location and crime category. anus with any body part or object, or negotiators discussed a proposal We remain concerned that the oral penetration by a sex organ of initially presented by the Department in approach for reporting and disclosing another person, without the consent of which the new crimes would be the victim. the number of incidents of dating • counted as a subset of the primary violence, domestic violence and stalking Fondling (from NIBRS): The crimes and hate crimes. For example, if touching of the private body parts of in these proposed regulations will not an individual reported that her capture critical information about the another person for the purpose of sexual coworker was the victim of an gratification, without the consent of the relationship between the perpetrator aggravated assault and that this and the victim. We believe it would be victim, including instances where the coworker’s husband was the perpetrator, victim is incapable of giving consent helpful for prevention and research and if the aggravated assault was a purposes for the Clery Act statistics to because of his/her age or because of his/ felony in that jurisdiction, the crime her temporary or permanent mental reflect whether the victim was would be reported as an aggravated murdered by a spouse or other intimate incapacity. assault with an additional descriptor • Incest (from NIBRS): Nonforcible partner. We invite comment on whether identifying it as a case of domestic sexual intercourse between persons who the approach in these proposed violence. Under this approach, the data are related to each other within the regulations should be modified to would provide more context and detail degrees wherein marriage is prohibited require institutions to identify the about each particular incident and an by law. relationship between the perpetrator • Statutory Rape (from NIBRS): incident would not appear more than and the victim for some or all of the Nonforcible sexual intercourse with a once in an institution’s statistics. Clery Act crimes. person who is under the statutory age of Several of the negotiators supported this We are also proposing these changes consent. approach because it would reduce the to reflect updates to the FBI’s UCR perception that a particular campus had The following chart summarizes the program definitions. The FBI has moved more crimes than had actually occurred. proposed changes to the collection of away from terminology characterizing Some negotiators, however, argued that statistics regarding sex offenses: sex offenses as ‘‘forcible’’ or the information presented using this ‘‘nonforcible’’ to combat the suggestion Current approach Proposed approach approach would be too complicated and that a sex offense has not occurred if that people would be less inclined to physical force was not involved. Sex Offenses— Sex Offenses: use the data, reducing its utility. Others Accordingly, we propose to remove the Forcible: argued that the statute did not term ‘‘forcible’’ from the definitions in Forcible Rape Rape. contemplate connecting cases of dating part 668. Additionally, under the Forcible Sodomy violence, domestic violence, and proposed regulations, institutions Sexual Assault stalking to the primary crimes and the would record any crime that meets the with an Object hate crimes and that doing so would Forcible Fondling Fondling. NIBRS definition of rape, sodomy, or Sex Offenses— exceed the Department’s authority sexual assault as a ‘‘rape’’ in their Nonforcible: under the HEA. These negotiators annual statistics. Historically, we have Incest Incest. proposed an alternate approach of used the definitions in the NIBRS Statutory Rape Statutory Rape. requiring institutions to simply provide Edition of the UCR program because the tallies of the number of incidents of definitions were more inclusive with Finally, we propose to restructure the each of dating violence, domestic respect to who could be a victim and paragraph by consolidating all of the violence, and stalking. They believed what types of crimes would be reportable Clery Act crimes under that this approach would be more in considered than in the SRS. However, § 668.46(c)(1). Under this proposed line with the statutory intent, less the FBI recently modernized the structure, we would: group the primary burdensome, and easier to understand, definition of ‘‘rape’’ in the SRS to

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35436 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

capture gender neutrality and the Hierarchy Rule only applies to the initiating an investigation or disclosing penetration of any bodily orifice, primary crimes. identifying information about the penetration by any object or body part, victim, as that phrase is defined in Recording Crimes Reported to a Campus and offenses in which physical force is section 40002(a) of the Violence Against Security Authority not involved. We believe, and the Women Act of 1994 (42 U.S.C. negotiators agreed, that using the new Statute: Section 485(f)(1)(F) of the 13925(a)(20)). definition of rape would best capture HEA requires institutions to collect Second, proposed § 668.46(c)(3), the various types of behaviors and statistics concerning the occurrence on which modifies current § 668.46(c)(2) circumstances that are now understood campus, in or on noncampus buildings (‘‘Recording crimes’’), would clarify that to constitute rape, align the or property, and on public property a reported crime is included in the Department’s regulations with the during the most recent calendar year, statistics for the calendar year in which approach taken by other Federal and during the two preceding calendar the crime was reported to local police agencies, avoid overlap in the years for which data are available of agencies or to a campus security definitions that could cause double- certain criminal offenses and of dating authority and would direct readers to counting, and avoid using outdated violence, domestic violence, and proposed § 668.46(c)(6) for information terminology some may find offensive. stalking that are reported to campus about the regulations for recording We also note that the FBI does not security authorities or local police stalking by calendar year. consider ‘‘fondling’’ to meet the SRS agencies. Additionally, section We would also direct readers to definition of rape, so we are proposing 485(f)(12) of the HEA specifies that, for proposed § 668.46(c)(6) for information that institutions must continue to report the purposes of reporting the statistics about recording stalking by location. incidents of fondling separately. We described in section 485(f)(1)(F) of the Finally, we propose to revise, would continue to use the NIBRS HEA, an institution must distinguish renumber, and expand current definition of ‘‘fondling,’’ as well as the among whether the criminal offense § 668.46(c)(3) (‘‘Reported crimes if a NIBRS definitions of ‘‘statutory rape’’ occurred on campus, in or on a hate crime’’). As noted earlier, we propose to add a definition of ‘‘hate and ‘‘incest,’’ but we would update the noncampus building or property, on crime’’ in § 668.46(a) and to remove the definitions of those terms to match the public property, and in dormitories or language describing a hate crime from FBI’s revised definitions. other residential facilities for students on campus. § 668.46(c)(3). We also propose to Lastly, we are proposing to restructure Current Regulations: Section expand the categories of bias in paragraph (c) to improve the clarity of 668.46(c)(1) of the regulations specifies § 668.46(c)(4)(iii) and (vii) to include the regulations. First, we would add the that institutions must report statistics ‘‘gender identity’’ and ‘‘national origin’’ term ‘‘primary crimes’’ in paragraph for the three most recent calendar years to reflect the addition of these categories (c)(1) in order to provide a standard, concerning the occurrence on campus, by VAWA. simple way to refer to criminal in or on noncampus buildings or Reasons: We are proposing these homicide, sex offenses, robbery, property, and on public property of changes to implement changes that aggravated assault, burglary, motor certain criminal offenses that are VAWA made to the HEA, and to vehicle theft, and arson as a group. Law reported to local police agencies or improve the overall clarity of these enforcement officials often refer to these campus security authorities. Section regulations. Over the last several years, as ‘‘part 1’’ crimes, while other 668.46(c)(2) requires institutions to the Department has stressed to individuals refer to these as ‘‘Clery record a crime statistic in its annual institutions the importance of including crimes’’ or ‘‘main crimes.’’ We believe security report for the calendar year in all Clery Act crimes that are reported to that providing a label for this group of which the crime was reported to a campus security authorities in their crimes will make it easier for the campus security authority. Section statistics, regardless of whether an Department to describe and explain 668.46(c)(4) requires institutions to incident was reported by a victim or by these regulations to the public. Second, provide a geographic breakdown of the a third party, and regardless of the we would create a subparagraph statistics reported according to whether results of any decision by a court, specifically containing arrests and they occurred on campus, in coroner, jury, prosecutor, or other referrals for disciplinary action. We dormitories or other residential facilities similar noncampus official. Some believe that this change will make it for students on campus, in or on a negotiators reported that institutions clearer to readers that this category is noncampus building or property, or on have misunderstood the Clery Act distinct from the primary crimes. We are public property. reporting provisions to mean that they also proposing to restructure the Proposed Regulations: We propose to must begin to investigate a report of a regulations to make it explicitly clear revise and reorganize § 668.46(c) to crime or take other steps that may that arrests and referrals for disciplinary improve the clarity of these regulations disclose identifying information about a action are a distinct category of Clery and to incorporate changes made by victim before including the crime in Act crimes from the primary crimes. VAWA. First, proposed § 668.46(c)(2), their Clery Act statistics. While we have Third, we are proposing to create a which modifies current § 668.46(c)(2), addressed these misperceptions in the subparagraph specifically containing the would clarify that institutions must Handbook and through other forms of hate crimes that are reportable under the include in their crime statistics all guidance, we believe that adding a Clery Act, which would incorporate the crimes reported to a campus security provision in the regulations to explicitly primary crimes and the four additional authority for purposes of Clery Act state that institutions must record all crimes added by the HEOA. Lastly, we reporting. We would further clarify that reported crimes will alleviate some of would create paragraph (c)(1)(iv) an institution may not withhold, or the confusion in the field.3 containing the crimes of dating subsequently remove, a reported crime violence, domestic violence, and from its crime statistics based on a 3 There is one rare situation in which it is stalking added by VAWA. We believe decision by a court, coroner, jury, permissible for an institution to omit a Clery Act crime from its statistics. If, after fully investigating that the proposed structure clarifies that prosecutor, or other similar noncampus a reported crime, authorized law enforcement there are four categories of Clery Act official. Additionally, we would specify authorities make a formal determination that the crimes and makes it clear that the that Clery Act reporting does not require crime is ‘‘unfounded’’ as described in the Handbook

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35437

We are proposing to add cross- course of conduct or the victim first across the street from the campus. references in paragraphs (c)(3)(ii) and became aware of the stalking. Third, we Additionally, stalking poses challenges (c)(5)(iii) to the regulations for recording would require that a report of stalking for identifying when one pattern has stalking by calendar year and location to be counted as a new and distinct crime ended and another one has begun. For implement changes that VAWA made to that is not associated with a previous instance, a perpetrator might stalk a the HEA. Please see the discussions report of stalking when the stalking victim intensively over the course of under ‘‘Recording Stalking’’ for more behavior continues after an official two days, cease the behavior for a week, information. intervention including, but not limited and then begin the stalking behavior Lastly, we are proposing to restructure to, an institutional disciplinary action or again. paragraph (c) to make the regulations the issuance of a no-contact order, The negotiators discussed these easier to understand. We believe that restraining order, or any warning by the various challenges and how to best using subparagraph titles that more institution or a court. operationalize the new requirement in readily convey what each provision Additionally, as described under the the HEA to collect statistics on stalking. addresses and that minimizing Recording Crimes Reported to a Campus First, some of the negotiators believed confusing cross-references will help the Security Authority section, we would that stalking that includes activities in public better understand and comply add cross-references to this provision in more than one calendar year should with these regulations. proposed §§ 668.46(c)(3) and (c)(5) to generally be included only in the We are proposing to add ‘‘gender direct readers to additional information statistics for the calendar year in which identity’’ and ‘‘national origin’’ to the pertaining to recording reports of a local police agency or campus security list of categories of bias that apply for stalking. authority first learns of the behaviors. the purposes of hate crime reporting in Reasons: We are proposing these While many negotiators agreed that this paragraph (c)(4) in order to implement changes to implement the changes that would be a reasonable approach, some changes that VAWA made to the HEA. VAWA made to the HEA and to address believed that stalking that continues several challenges that arise when Recording Stalking into subsequent calendar years should determining how to count incidents of be included in the statistics for each Statute: As amended by VAWA, stalking. As discussed under the year. These negotiators argued that this section 485(f)(1)(F)(iii) of the HEA Definitions section, we are proposing to approach would be more appropriate requires institutions to report on, and define stalking as a pattern of behavior. because including stalking in only one disclose in their annual security reports, This differs from the definitions of the year could artificially deflate the the number of incidents of dating other reportable crimes under the Clery numbers of reported crimes. These violence, domestic violence, and Act, where each incident is counted as negotiators said that while it would not stalking reported to campus security a unique crime for the purposes of the be appropriate to include a separate authorities or to local police agencies annual crime statistics. As a result, we report for each behavior within a course that occur on campus, in or on need a regulation specifically to address of conduct, at least including a statistic noncampus buildings or property, and how stalking should be considered in in each year in which the stalking on public property. calculating crime statistics. occurs would provide a fuller picture of Current Regulations: None. For example, under both the current the stalking occurring on campus. Proposed Regulations: We propose to and the proposed regulations, an Ultimately, the negotiating committee add § 668.46(c)(6) to clarify how institution would typically record a agreed to the approach reflected in these institutions should record reports of statistic for a crime in the calendar year proposed regulations. Under the stalking, which, under the proposed in which the crime occurred. With proposed regulations, stalking would be definition in § 668.46(a), involves a stalking, however, a pattern of behavior counted only in the first calendar year pattern of incidents. First, we would sometimes spans multiple weeks or in which it is reported unless it specify that, when recording reports of months, and a pattern that begins in one continues into a new calendar year. For stalking that include activities in more calendar year may continue into another example, if a victim reports stalking to than one calendar year, an institution calendar year. Similarly, under both the local police or a campus security must include stalking in the crime current and proposed regulations, an authority in December 2014 and another statistics only for the calendar year in institution would typically specify report is made in February 2015, the which the course of conduct is first whether a crime occurred on campus institution would record the stalking in reported to a local police agency or to (and, if so, whether it occurred in a both calendar years 2014 and 2015. a campus security authority. If the dormitory or other student housing Although the committee reached course of conduct in a pattern continues facility on campus), in or on a consensus on this language, the into a subsequent year, the stalking noncampus building or property, or on Department is concerned that these would be recorded in the subsequent public property. With stalking, this rule proposed regulations are not clear and year as well. Second, we would clarify does not always apply clearly. A we request comment specifically on the that an institution must record each perpetrator could engage in a single type issue of how to count stalking that report of stalking as occurring at only of behavior or a variety of behaviors in crosses calendar years. the first location within the institution’s multiple parts of the institution’s Clery Second, the negotiators discussed Clery Geography in which either the Geography. Alternatively, the how to address issues related to the perpetrator engaged in the stalking perpetrator could initiate stalking location of the stalking and how to behavior in one part of the institution’s determine when a pattern of behavior for Campus Safety and Security Reporting, the Clery Geography and the victim could becomes reportable for Clery Act institution may exclude the reported crime from its statistics. Consistent with other recordkeeping become aware of that behavior while on purposes. Some of the negotiators requirements that pertain to the title IV HEA another part of the institution’s Clery suggested that, for the purposes of programs, if an institution omits a Clery Act crime Geography. For instance, the perpetrator counting reports of stalking, the from its Clery Act statistics because the crime was could send the victim a menacing text Department should expand beyond the officially determined to be ‘unfounded,’ the institution must maintain accurate documentation message while on campus, and the traditional physical locations that make that demonstrates the basis for unfounding the victim could receive that text message up an institution’s reportable areas (i.e., crime. while walking on a public sidewalk on campus, noncampus buildings or

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35438 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

property, and public property) to to incidents of stalking using electronic Ultimately, the negotiators agreed to require institutions to count courses of means would adequately capture the approach reflected in these conduct in which the perpetrator uses stalking that occurs at institutions. proposed regulations. Under these institutional computer networks, Third, the negotiators considered how regulations, a stalking course of conduct servers, or other services to stalk a to determine when one stalking course would be recorded as a new crime for victim. These negotiators believed that, of conduct ends and another stalking Clery Act statistical reports after an given the unique nature of stalking, course of conduct begins, particularly official intervention. ‘‘Official which frequently includes online means when the stalking involves the same intervention’’ would be defined broadly of targeting victims, these instances victim and perpetrator. The committee to include formal and informal should be counted. Other negotiators discussed two main approaches— interventions and those initiated by disagreed, arguing that, under the HEA, counting a report of stalking as a institutional officials or a court. The only crimes that occur in the physical separate crime either after an official proposed regulations do not include a locations enumerated in the statute intervention or once a specified period specific time period as a way of marking should be reported. Further, they of time has elapsed. The negotiators the end of one incident of stalking and believed that it would be difficult to offered a variety of ways to define the start of another because any time define in the regulations a situation that ‘‘official intervention.’’ Some suggested frame would be arbitrary. The does not touch the institution’s defining official intervention to mean Department is particularly interested in reportable locations. They that someone at the institution with feedback as to whether there are other acknowledged, however, that stalking authority to take preventive action to ways to address this issue, and we would be included in the institution’s stop the behavior notifies the invite comment on this. crime statistics as soon as one behavior perpetrator to cease the conduct, while Lastly, the negotiators discussed how in the course of conduct occurs in or on others suggested that a victim’s request to count incidents of stalking when two the institution’s campus, noncampus to the perpetrator to cease the conduct campuses are involved; that is, when buildings or property, or public would be sufficient. Other negotiators the victim is on one institution’s property. believed that official intervention reportable locations and the perpetrator The negotiators also discussed how an should include protection orders or is on another institution’s reportable institution should record stalking in restraining orders issued by a court. In locations. Some negotiators expressed terms of location for Clery reporting considering these approaches, however, concern that, if both campuses reported purposes. Generally, the negotiators felt the negotiators and members of the the crime, the result would be a that it was clear that if a stalking course public raised a variety of concerns, ‘‘double-report’’ of the same incident. of conduct appeared to have occurred in including that institutions might avoid However, other negotiators noted that only one Clery Geography location (for intervening to avoid the risk of having the main issue is not overreporting but example, the conduct occurred only on to include another count of stalking in underreporting and that it is important campus) then the crime would be their statistics if the perpetrator re- to reflect the crime in the statistics for included in the statistics for that area. offended after the intervention; that each campus at which the stalking However, some negotiators questioned requiring a victim to contact their behavior or results occur. Under how an institution should categorize a stalker to notify them to stop the proposed § 668.46(c)(2), an institution report of stalking that touches multiple behavior could cause a rapid escalation would be required to include all reportable locations (for example, both in violence; and that the means of reported crimes in its statistics. In on campus and public property). Along intervention should be flexible to applying this rule, if stalking were these lines, the negotiators considered accommodate the ways in which a reported to a campus security authority how institutions should record the victim might prefer to handle a at more than one campus, both location of a report of stalking if both situation. institutions would have to include the the perpetrator and the victim were in As one approach to this issue, the stalking report in their Clery Act crime reportable, but different, locations. negotiators discussed the possibility statistics. After discussing these issues, the that an institution should record a new negotiators reached consensus on the incident of stalking after a significant Using the FBI’s UCR Program and the approach reflected in proposed amount of time passes between stalking Hierarchy Rule § 668.46(c)(6)(ii), which would require behaviors. Along these lines, some of Statute: Section 485(f)(7) of the HEA an institution to record each report of the negotiators recommended specifying specifies that the Clery Act statistics for stalking as occurring in the first location a bright-line period of time, such as two murder; sex offenses; robbery; in which either the perpetrator engaged weeks or three months, after which an aggravated assault; burglary; motor in the stalking course of conduct, or the institution would record another vehicle theft; manslaughter; arson; victim first became aware of the instance of stalking in its statistics if the arrests for liquor law violations, drug- stalking. If a stalker uses institutional course of conduct continued. Other related violations, and weapons computer networks, servers, or other negotiators supported leaving a more possession; larceny-theft; simple such electronic means to stalk a victim, flexible standard of ‘‘significant amount assault; intimidation and destruction; the electronic stalking behavior would of time’’ or otherwise not specifying a damage; or vandalism of property must be reportable where the stalker makes standard period because they felt that be compiled in accordance with the use of these means while on Clery some cases might be better evaluated on definitions used in the FBI’s UCR geography. In other words, the fact that a case-by-case basis. Along these lines, program, and the modifications in those a stalker uses institutional computer some of the negotiators argued that any definitions as implemented pursuant to networks, servers, or other such standard interval of time would be the Hate Crime Statistics Act. The electronic means to stalk a victim would arbitrary and would not be able to statute does not address the use of other not, automatically in and of itself, make accommodate all of the various patterns aspects of the FBI’s UCR program, such the crime reportable under the Clery of stalking in a way that would produce as the Hierarchy Rule. Act. We invite public comment on an accurate report of the number of Current Regulations: Section whether this approach of applying the stalking crimes at a particular 668.46(c)(7) requires institutions to existing Clery geography requirements institution. compile statistics for the crimes listed

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35439

under current paragraphs 668.46(c)(1) Rule, if both a sex offense and a murder others could still identify the victim and (c)(3) using the definitions of crimes occur in a single incident, the sex based on other information included in provided in Appendix A to subpart D of offense would not be reflected in the the warning. Other negotiators, although part 668 and the FBI’s UCR Hate Crime statistics. This result would be generally supportive of this goal, noted Data Collection Guidelines and Training inconsistent with Congress’ goal. We that, in some cases, it could be difficult Guide for Hate Crime Data Collection. note that it should be rare that this to provide enough information to allow The regulations also specify that exception will apply, but we believe other members of the campus institutions must use either the UCR that it will contribute toward the goal of community to take steps to protect Reporting Handbook or the UCR ensuring that all sexual assaults are themselves while withholding all Reporting Handbook: NIBRS Edition for included in the Clery Act statistics. information that could make it possible guidance concerning the application of Second, we believe that explicitly to identify the victim. definitions and classification of crimes; referring to the Hierarchy Rule in the We agree with the negotiators that it however, the regulations require regulations will improve the clarity of is critical to protect a victim’s institutions to apply the UCR Reporting the regulations. Including this confidentiality to the extent possible; Handbook in determining how to report requirement in the regulations will help however, the safety of the campus crimes committed in a multiple-offense institutions understand how to compile community must also be a priority. We situation. In a multiple-offense situation their statistics. Further, we believe that believe that, in most cases, institutions (when multiple crimes are committed in defining the term ‘‘Hierarchy Rule’’ and will be able to provide a timely warning a single incident), the UCR Reporting specifying in the regulations how it without including information that will Handbook would apply the Hierarchy applies will help members of the public identify the victim. Rule. Under the Hierarchy Rule, to better understand the Clery Act We are proposing to adopt the institutions would include in their requirements and statistics. definition of ‘‘personally identifying statistics only the crime that ranks the information or personal information’’ in Timely Warning—Withholding section 40002(a)(20) of the Violence highest in the Hierarchy. For example, Identifying Information if a victim is raped and then murdered Against Women Act of 1994 (42 U.S.C. during a single incident, the murder Statute: Section 485(f)(3) of the HEA 13925(a)(20)). That definition refers to would be included in the institution’s requires institutions to make timely identifying information for or about an Clery Act statistics, but the rape would reports to the campus community on individual including information likely not. Clery Act crimes reported to campus to disclose the location of a victim of Proposed Regulations: In proposed security or local police agencies that dating violence, domestic violence, § 668.46(c)(9), which modifies current pose a threat to other students and sexual assault, or stalking, regardless of § 668.46(c)(7), we explicitly state that, in employees. These warnings must be whether the information is encoded, compiling and reporting Clery Act crime provided in a manner that is timely and encrypted, hashed, or otherwise statistics, institutions must conform to that aids in the prevention of similar protected, including: (1) A first and last the requirements of the Hierarchy Rule crimes. VAWA amended section name; (2) a home or other physical in the UCR Reporting Handbook. 485(f)(3) of the HEA to specify that address; (3) contact information However, we also propose to create an timely warnings must withhold the (including a postal, email or Internet exception to this requirement for names of victims as confidential. protocol address, or telephone or situations in which a sex offense and a Current Regulations: Section facsimile number); (4) a social security murder occur during the same incident. 668.46(e)(1) requires institutions to number, driver license number, passport For example, if a victim is raped and notify the campus community when number, or student identification murdered in a single incident, the crimes in current paragraphs number; and (5) any other information, institution would include both the rape 668.46(c)(1) and (3) are reported to including date of birth, racial or ethnic and the murder in its statistics instead campus security authorities or local background, or religious affiliation, that of including only the murder. police agencies, and the institution would serve to identify the individual. Additionally, as discussed under the considers the crime to represent a threat We acknowledge that, to provide an Definitions section, we propose to add to students and employees. The effective timely warning in some a definition of ‘‘Hierarchy Rule’’ to institution must provide the notice in a instances, an institution will have to § 668.46(a). manner that is timely and that will aid provide information about the location Reasons: We are proposing these in the prevention of similar crimes. of a crime or, in response to a hate changes to implement the changes that Proposed Regulations: Proposed crime, other information such as a VAWA made to the HEA and to improve § 668.46(e)(1), which modifies current victim’s racial or ethnic background or the clarity of the regulations. First, we § 668.46(e)(1), would clarify that an religious affiliation. In these cases, we believe that creating a narrow exception institution must withhold as stress that institutions should carefully to the methodology used in the UCR confidential the names and other consider the content of their timely Reporting Handbook in cases where an ‘‘personally identifying information or warnings and protect the confidentiality individual is the victim of both a sex personal information’’ of victims (as of the victim to the extent possible offense and a murder reflects the goal of defined in section 40002(a) of the while balancing the need to ensure the the changes that VAWA made to the Violence Against Women Act of 1994 safety of the campus community. HEA. In amending the Clery Act, (42 U.S.C. 13925(a)(20))), when Congress emphasized the importance of providing timely warnings. Programs To Prevent Dating Violence, improving the reporting of sex offenses Reasons: We are proposing these Domestic Violence, Sexual Assault, and at institutions of higher education. To changes to implement the change that Stalking (§ 668.46(j)) provide the most accurate picture VAWA made to the HEA in this area. Statute: Section 304(a)(5) of VAWA possible of sexual assaults on college During the negotiated rulemaking amended section 485(f)(8) of the HEA to campuses, all sex offenses reported to sessions, some of the negotiators raised require that each institution of higher campus security authorities must be concerns that withholding only the education that participates in any title included in the statistics. Without the name of a victim might not sufficiently IV, HEA program, other than a foreign proposed exception to the Hierarchy protect the victim’s confidentiality if institution, include a statement of

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35440 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

policy in the institution’s annual information about how the institution the information described in paragraph security report regarding an institution’s will protect the confidentiality of (j)(1). programs to prevent dating violence, victims, including how publicly Statement of Policy Requirements in domestic violence, sexual assault, and available recordkeeping will be Proposed § 668.46(j)(1) stalking. In accordance with newly accomplished without the inclusion of amended section 485(f)(8)(B) of the identifying information about the Under proposed § 668.46(j)(1)(i)(A) HEA, the statement of policy must victim; written notification of students through (j)(1)(i)(F), the statement must specifically address education programs and employees about existing include a description of the institution’s to promote the awareness of rape, counseling, health, mental health, primary prevention and awareness acquaintance rape, dating violence, victim advocacy, legal assistance, and programs for all incoming students and domestic violence, sexual assault, and other services available for victims both new employees, which in turn must stalking and must include primary on-campus and in the community; and include a statement that the institution prevention and awareness programs for written notification of victims about prohibits the crimes of dating violence, all incoming students and new options for, and available assistance in, domestic violence, sexual assault, and employees as well as ongoing changing academic, living, stalking; the definition of ‘‘dating prevention and awareness campaigns transportation, and working situations, violence,’’ ‘‘domestic violence,’’ ‘‘sexual for students and faculty, respectively. if requested by the victim and if such assault,’’ and ‘‘stalking’’ in the Under new section 485(f)(8)(B)(i)(I) of accommodations are reasonably applicable jurisdiction; the definition of the HEA, an institution’s primary available, regardless of whether the ‘‘consent,’’ in reference to sexual prevention and awareness programs for victim chooses to report the crime to activity, in the applicable jurisdiction; a all incoming students and new campus policy or local law enforcement. description of safe and positive options employees must include: Under new section 485(f)(8)(B)(i)(II) of for bystander intervention; information • A statement that the institution of the HEA, an institution’s ongoing on risk reduction; and the information higher education prohibits the offenses prevention and awareness campaigns described in § 668.46(b)(11) and (k)(2) of of dating violence, domestic violence, for students and faculty must include these proposed regulations. The sexual assault, and stalking; the same information covered by the information in proposed § 668.46(b)(11) • The definition of dating violence, institution’s primary prevention and consists of a statement of policy domestic violence, sexual assault, and awareness programs for all incoming regarding the institution’s programs to stalking in the applicable jurisdiction; students and new employees. prevent dating violence, domestic • The definition of consent, in Current Regulations: Under current violence, sexual assault, and stalking reference to sexual activity, in the § 668.46(b)(11), an institution must and the procedures that the institution applicable jurisdiction; prepare an annual security report that will follow when one of these crimes is • Safe and positive options for contains a statement of policy regarding reported. The information in proposed bystander intervention that may be the institution’s campus sexual assault § 668.46(k)(2) consists of a statement of carried out by an individual to prevent programs to prevent sex offenses, and policy that addresses procedures for harm or intervene when there is a risk procedures to follow when a sex offense institutional disciplinary action in cases of dating violence, domestic violence, occurs. The statement must include a of alleged dating violence, domestic sexual assault or stalking against a description of educational programs to violence, sexual assault or stalking. person other than that individual; promote the awareness of rape, Under proposed § 668.46(j)(1)(ii), the • Information on risk reduction to acquaintance rape, and other forcible statement of policy must also describe recognize warning signs of abusive and nonforcible sex offenses. the institution’s ongoing prevention and behavior and how to avoid potential Proposed Regulations: Proposed awareness campaigns for students and attacks; and § 668.46(j) would implement the • employees, which must include the The information in HEA sections changes VAWA made to section information described in paragraphs 485(f)(8)(B)(ii) through (vii) regarding: 485(f)(8) of the HEA with regard to (j)(1)(i)(A) through (j)(1)(i)(F) of the Possible sanctions or protective programs to prevent dating violence, proposed regulations. measures that an institution may impose domestic violence, sexual assault, and following a final determination of an stalking. Specifically, proposed Definitions of Terms in Proposed institutional disciplinary procedure; § 668.46(j) would require an institution § 668.46(j)(2) procedures victims should follow if a to include a statement of policy in its Proposed § 668.46(j)(2) would define sex offense, dating violence, domestic annual security report that addresses the the terms ‘‘awareness programs’’, violence, sexual assault, or stalking institution’s programs to prevent dating ‘‘bystander intervention’’, ‘‘ongoing occurs (see the discussion under violence, domestic violence, sexual prevention and awareness campaigns’’, ‘‘Annual Security Report’’ for full assault, and stalking. ‘‘primary prevention programs’’, and details on this subject); where Proposed § 668.46(j)(1) would specify ‘‘risk reduction.’’ applicable, the rights of victims and the the items that must be included in the Under proposed § 668.46(j)(2)(i), the institution’s responsibilities regarding statement of policy, and proposed term ‘‘awareness programs’’ is defined orders of protection, no-contact orders, § 668.46(j)(2) would define the terms to mean community-wide or audience- restraining orders, or similar lawful used in the requirements for the specific programming, initiatives, and orders issued by a criminal, civil, or statement of policy, discussed below strategies that increase audience tribal court; procedures for institutional under ‘‘Statement of Policy knowledge and share information and disciplinary action in cases of alleged Requirements in Proposed resources to prevent violence, promote dating violence, domestic violence, § 668.46(j)(1)’’ and ‘‘Definitions of safety, and reduce perpetration. sexual assault or stalking (see the Terms in Proposed § 668.46(j)(2),’’ Proposed § 668.46(j)(2)(ii) would discussion under ‘‘Institutional respectively. Proposed § 668.46(j)(3) define the term ‘‘bystander Disciplinary Proceedings in Cases of would specify that an institution’s intervention’’ to mean safe and positive Alleged Dating Violence, Domestic programs to prevent dating violence, options that may be carried out by an Violence, Sexual Assault, or Stalking’’ domestic violence, sexual assault, and individual or individuals to prevent for full details on this subject); stalking must include, at a minimum, harm or intervene when there is a risk

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35441

of dating violence, domestic violence, institutions could offer these programs in 34 CFR § 668.2 define ‘‘enrolled’’ to sexual assault, or stalking. Proposed through computer-based training mean a student who (1) has completed § 668.46(j)(2)(ii) would further define modules. Noting that the statute the registration requirements (except for bystander intervention to include requires institutions to provide primary the payment of tuition and fees) at the recognizing situations of potential harm, prevention and awareness programs for institution that he or she is attending; or understanding institutional structures incoming students and new employees, (2) has been admitted into an and cultural conditions that facilitate and ongoing prevention and awareness educational program offered violence, overcoming barriers to campaigns to students and faculty, the predominantly by correspondence and intervening, identifying safe and negotiators suggested clarifying who has submitted one lesson, completed by effective intervention options, and would be considered a ‘‘student’’ or an him or her after acceptance for taking action to intervene. ‘‘employee’’. Several negotiators also enrollment and without the help of a Proposed § 668.46(j)(2)(iii) would wondered if institutions were expected representative of the institution. The define the term ‘‘ongoing prevention to provide prevention and awareness negotiators agreed with this approach. and awareness campaigns’’ to mean programs to distance education students In response to the discussion during programming, initiatives, and strategies and short-term, continuing education the first negotiation session, the that are sustained over time and focus students. Some negotiators in particular Department initially agreed to consider on increasing understanding of topics were concerned that mandating this developing a definition of ‘‘employee’’ relevant to, and skills for addressing, training for all students could pose a to clarify which individuals working for dating violence, domestic violence, significant burden for institutions like the institution would need to be offered sexual assault, and stalking, using a community colleges, where many training. However, we subsequently range of strategies with audiences students take only non-credit courses decided not to propose a definition of throughout the institution and including and may be on campus only once for a employee for several reasons. First, we information described in paragraph single four-hour class. Along these lines, note that institutions have had to proposed §§ 668.46(j)(1)(i)(A) through some negotiators were concerned that it distribute their annual security reports (j)(1)(i)(F). would be very difficult to ensure that all to their current employees under Proposed § 668.46(j)(2)(iv) would students, including distance education §§ 668.41 and 668.46 for many years, define the term ‘‘primary prevention students, have received training, and we have not previously defined the programs’’ to mean programming, particularly if the training had to be term for those purposes. Therefore, initiatives, and strategies informed by offered in person. From a victim’s institutions should know who they research or assessed for value, perspective, one negotiator suggested consider to be an employee for the effectiveness, or outcome that are that the programs should be available— purposes of the Clery Act, and we intended to stop dating violence, but not mandatory—because the expect that these employees will now be domestic violence, sexual assault, and programs could be traumatizing for offered the new training required by the stalking before they occur through the some victims. HEA. Second, given the wide variety in promotion of positive and healthy On the other hand, some negotiators arrangements and circumstances in behaviors that foster healthy, mutually believed strongly that every student, place across institutions for providing respectful relationships and sexuality, regardless of whether they are taking a services to students, other employees, encourage safe bystander intervention, class for credit, should be required to and the public, we believe that and seek to change behavior and social complete training, arguing that this type institutions are best positioned to norms in healthy and safe directions. of training is critical because it focuses determine who is an ‘‘employee.’’ With Under proposed § 668.46(j)(2)(v), the on violence that can destroy lives. They regards to the requirement that term ‘‘risk reduction’’ means options believed that these programs can be institutions provide ongoing prevention designed to decrease perpetration and designed in a way that avoids re- and awareness campaigns to students bystander inaction and to increase traumatization, and that it can support and faculty, the negotiators generally empowerment for victims to promote victims and non-victims by educating agreed that the term ‘‘faculty’’ should be safety and to help individuals and them about what is a crime and what considered equivalent to ‘‘employee.’’ communities address conditions that rights and options exist. They further The proposed regulations in facilitate violence. argued that anyone can be a victim of § 668.46(j)(1)(ii) reflect this Reasons: The negotiators discussed dating violence, domestic violence, recommendation. these new provisions with a focus on sexual assault, or stalking, even if they The Department also noted that, while who would need to receive this training are on campus briefly only one time, the statute requires institutions to and by what means, how several terms and that it would still be important for describe the programs focused on in the statute should be defined, and those individuals to know what rights prevention and awareness of rape, how to ensure that these programs and options they have and what acquaintance rape, dating violence, reflect the best practices in the field of procedures to follow with respect to domestic violence, sexual assault, and sexual violence prevention. At the end these crimes, as outlined in the statute. stalking in their annual security reports, of the first session, the committee In addressing these concerns, the it does not require that institutions agreed to form a subcommittee to Department decided to interpret the require every student and employee to develop proposals regarding programs statute consistent with other Clery Act take the training. We note, however, that to prevent dating violence, domestic requirements by requiring institutions to institutions may adopt policies violence, sexual assault, and stalking. offer these types of training to requiring that all students and The subcommittee met several times to ‘‘enrolled’’ students. Under §§ 668.41 employees take this training, for develop proposals for regulatory and 668.46, institutions must distribute example, before completing registration. language on this issue. the annual security report to all enrolled With regard to the means of providing First, the negotiators discussed students. Applying that same approach training, the negotiators ultimately several practical questions with respect here would make it clear that the same agreed that programs to prevent dating to the target audiences for these students who must receive the annual violence, domestic violence, sexual programs, whether these programs security report must also be offered the assault, and stalking could be delivered would be mandatory, and whether training. The Department’s regulations electronically so the programs are able

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35442 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

to reach all of the intended audiences. With regards to proposed Current Regulations: Under current They acknowledged that students § 668.46(j)(3), we are adding this § 668.46(b)(11)(vi)(A), an institution enrolled in programs by distance provision in order to make it clear that must provide a clear statement in its education would be unlikely to be able an institution’s ‘‘programs to prevent annual security report that, in the to access these programs in person, and dating violence, domestic violence, institution’s campus disciplinary they noted that it could be similarly sexual assault, and stalking,’’ which proceedings in cases of an alleged sex challenging to ensure that all employees under our proposed definition in offense, the accuser and the accused are receive this training in person as well. § 668.46(a) would include primary entitled to the same opportunities to Second, the negotiators urged the prevention and awareness programs and have others present during a Department to clarify several of the ongoing prevention and awareness disciplinary proceeding. Current terms used in the statute, including campaigns, must include the § 668.46(b)(11)(vi)(B) requires that an ‘‘primary prevention,’’ ‘‘bystander information described in proposed institution’s annual security report intervention,’’ and ‘‘risk reduction.’’ The paragraph (j)(1). clearly state that both the accused and subcommittee focused much of its work the accuser must be informed of the Institutional Disciplinary Proceedings in on defining these terms, drawing outcome of any institutional Cases of Alleged Dating Violence, heavily on the work and definitions of disciplinary proceeding brought alleging Domestic Violence Sexual Assault or the Centers for Disease Control and a sex offense; that compliance with Stalking (§ 668.46(k)) Prevention. Many of the negotiators § 668.46(b)(11)(vi)(B) does not constitute supported the first set of suggestions Statute: Section 304(a)(5) of VAWA a violation of FERPA on the part of the that the subcommittee offered at the amended section 485(f)(8) of the HEA to institution; and, that, for purposes of second negotiating session. They require that each institution of higher this notification, the outcome of a suggested that the regulations require education that participates in any title disciplinary proceeding means only the institutions to adopt programs that IV, HEA program, other than a foreign institution’s final determination with reflect best practices and methods that institution, include a statement of respect to the alleged sex offense and have proven effective for the prevention policy in the institution’s annual any sanction that is imposed against the of gender violence. Others, however, security report addressing the accused. Lastly, current were concerned that the subcommittee’s procedures for institutional disciplinary § 668.46(b)(11)(vii) requires an proposals were more prescriptive than action in cases of alleged dating institution’s annual security report to would be useful given the variety and violence, domestic violence, sexual clearly disclose the sanctions the size of institutions across the country. assault, or stalking. The statement of institution may impose following a final Some of the negotiators also believed policy must describe the standard of determination of an institutional that making the definitions simple and evidence that the institution will use disciplinary proceeding regarding rape, clear would help individuals and during the proceeding as well as acquaintance rape, or other forcible or institutions better understand, and possible sanctions or protective nonforcible sex offenses. subsequently comply with, the measures that the institution may Proposed Regulations: The proposed regulations. impose after a final determination is regulations in § 668.46(k) would The subcommittee continued to meet made. Section 304(a)(5) of VAWA implement the statutory changes between the second and third sessions, amended section 485(f)(8)(iv) of the requiring an institution that participates and the draft that the Department HEA to require an institution to include in any title IV, HEA program, other than provided to the committee at the start of in its annual security report a clear a foreign institution, to include a the third session incorporated the statement that the institution’s statement of policy in its annual subcommittee’s revisions. Generally, the disciplinary proceedings shall provide a security report addressing the revised proposal more closely tracked prompt, fair, and impartial investigation procedures for institutional disciplinary the statutory language and added a and resolution that is conducted by action in cases of alleged dating definition of ‘‘programs to prevent officials who receive annual training on violence, domestic violence, sexual dating violence, domestic violence, the issues related to dating violence, assault or stalking. sexual assault, and stalking’’ to domestic violence, sexual assault, and Proposed § 668.46(k)(1)(i) provides § 668.46(a), as discussed under the stalking, and annual training on how to that the statement of policy must Definitions section. The committee conduct an investigation and hearing describe each type of disciplinary generally accepted the revised draft, process that protects the safety of proceeding used by the institution, though some changes were made to the victims and promotes accountability. including the steps, anticipated language to address concerns raised by Section 304(a)(5) further amended timelines, and decision-making process some of the negotiators. We note that, section 485(f)(8)(iv) of the HEA to for each, and how the institution while the draft regulations generally require that the accuser and the accused determines which type of disciplinary restate the statutory language, be entitled to the same opportunities to hearing to use. Proposed institutions are free to go beyond these have others present during an § 668.46(k)(1)(ii) provides that the requirements, for example to include institutional disciplinary proceeding, statement of policy must describe the bystander intervention training on a including the opportunity to be standard of evidence that will be used variety of topics, such as alcohol and accompanied to any related meeting or during any disciplinary proceeding drug use, hazing, bullying, and other proceeding by an advisor of their choice involving alleged dating violence, behaviors. We also note that institutions and that both the accuser and the domestic violence, sexual assault or would not be required to provide accused be simultaneously informed, in stalking. Proposed § 668.46(k)(1)(iii) bystander training separately on each writing, of the outcome of any provides that the statement of policy crime of dating violence, domestic disciplinary proceeding; the must list all possible sanctions an violence, sexual assault, and stalking institution’s procedures for both parties institution may impose following the and that they may provide training that to appeal the results of the proceeding; results of any disciplinary proceeding in focuses on all four crimes –- or more –- of any change to the results that occurs cases of alleged dating violence, as part of a more comprehensive prior to the results becoming final; and, domestic violence, sexual assault or program. when such results become final. stalking. Proposed § 668.46(k)(1)(iv)

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35443

provides that the policy statement must accused, or both, may be present, and proceeding to mirror OCR’s title IX describe the range of protective provides timely access to the accuser, guidance, especially as that guidance measures that the institution may offer the accused, and appropriate officials to relates to the use of the preponderance following an allegation of dating any information that will be used after of the evidence standard in disciplinary violence, domestic violence, sexual the fact-finding investigation but during proceedings used to resolve a title IX assault or stalking. informal and formal disciplinary complaint. Other non-Federal An institution’s statement of policy meetings and hearings; and (3) negotiators suggested that VAWA was must provide that its disciplinary conducted by officials who do not have not intended to codify the required use proceeding will include a prompt, fair, a conflict of interest or bias for or of the preponderance of the evidence and impartial process from the initial against the accuser or the accused. standard, but instead required only that investigation to the final result under Under proposed § 668.46(k)(3)(ii), the an institution state the standard of proposed § 668.46(k)(2)(i). The policy term ‘‘advisor’’ is defined as any evidence that will be used. statement must provide that the individual who provides the accuser or In response to this request by non- proceeding will be conducted by the accused support, guidance, or Federal negotiators, the Department officials who receive annual training on advice. introduced proposed language defining the issues related to dating violence, Under proposed § 668.46(k)(3)(iii), the the term ‘‘prompt, fair and impartial domestic violence, sexual assault, and term ‘‘proceeding’’ means all activities disciplinary proceeding’’ to mean a stalking and annual training on how to related to a non-criminal resolution of proceeding that is completed within the conduct an investigation and hearing an institutional disciplinary complaint, timeframe designated by an institution’s process that protects the safety of including, but not limited to, fact- policy and without undue delay; victims and promotes accountability finding investigations, formal or conducted in a manner that is consistent under proposed § 668.46(k)(2)(ii). Under informal meetings, and hearings. with the institution’s policies and proposed § 668.46(k)(2)(iii), an Finally, under proposed transparent to all parties; conducted by institution’s statement of policy must § 668.46(k)(3)(iv), the term ‘‘result’’ officials who do not have a real or provide that its disciplinary proceeding means any initial, interim, and final perceived conflict of interest or bias for will afford the accuser and the accused decision by any official or entity or against the accused or the accuser; the same opportunities to have others authorized to resolve disciplinary and, at the request of non-Federal present during an institutional matters within the institution. The negotiators, at a minimum, comply with disciplinary proceeding, including the definition provides that the ‘‘result’’ guidance issued by OCR. One non- opportunity to be accompanied to any must include any sanctions imposed by Federal negotiator suggested that the related meeting or proceeding by an the institution and, notwithstanding Department eliminate the reference to a advisor of their choice. Under proposed FERPA (20 U.S.C. 1232g), the rationale ‘‘real or perceived’’ conflict of interest § 668.46(k)(2)(iv), an institution cannot for the result and the sanctions. Having because the terms ‘‘real or perceived’’ limit the accuser’s or accused’s choice defined the term ‘‘result,’’ for are too subjective and would be difficult of an advisor or the advisor’s presence consistency purposes the proposed to operationalize at a small campus. at a proceeding, but the institution may regulations would also insert the word Several non-Federal negotiators establish restrictions regarding the ‘‘result’’ where appropriate to replace suggested using the standard of actual or advisor’s participation in the the existing statutory and regulatory potential conflict of interest instead. proceedings as long as those restrictions references to the terms ‘‘outcomes,’’ With regard to the requirement that a are applied equally to both the accuser ‘‘resolution,’’ and ‘‘final disciplinary hearing comply at a and the accused. Finally, under determinations.’’. minimum with guidance issued by OCR, proposed § 668.46(k)(2)(v), an Reasons: Proposed § 668.46(k) would some non-Federal negotiators strongly institution’s statement of policy must implement the statutory changes supported the provision, while others require simultaneous notification, in requiring each institution of higher were strongly opposed to including this writing, to both the accuser and the education that participates in any title provision. Those arguing against the accused of the result of the institutional IV, HEA program, except foreign inclusion of this provision stated that, disciplinary proceeding, the institutions, to include a statement of in enacting VAWA, Congress did not institution’s procedures for the accused policy in the institution’s annual require institutions to use the and the victim to appeal the result, any security report addressing the preponderance of the evidence standard change to the result, and when such procedures for institutional disciplinary under the Clery Act, but only required results become final. action in cases of alleged dating that an institution disclose what Proposed § 668.46(k)(3) defines the violence, domestic violence, sexual standard of evidence it would use at a terms ‘‘prompt, fair, and impartial assault, or stalking. disciplinary proceeding for conduct proceeding,’’ ‘‘advisor,’’ ‘‘proceeding,’’ covered by the Clery Act. Still others and ‘‘result.’’ Under proposed Definition of Terms in Proposed were not comfortable with including in § 668.46(k)(3)(i), a ‘‘prompt, fair, and § 668.46(k)(3) these proposed Clery Act regulations a impartial proceeding’’ includes a Proposed § 668.46(k)(3) defines the reference to guidance issued by OCR proceeding that is: (1) Completed within terms ‘‘prompt, fair, and impartial under other laws and regulations. It was reasonably prompt timeframes proceeding,’’ ‘‘advisor,’’ ‘‘proceeding,’’ suggested that we cite the statutory designated by an institution’s policy, and ‘‘result.’’ language amending the Clery Act including a process that allows for the At the first session of negotiated instead. One non-Federal negotiator extension of timeframes for good cause rulemaking, several of the non-Federal voiced her view that title IX is largely with written notice to the accuser and negotiators asked that the Department interpreted judicially or by the the accused of the delay and the reason define a ‘‘prompt, fair, and impartial’’ Department, and that whether or not a for the delay; (2) conducted in a manner disciplinary proceeding in proposed provision requiring compliance with that is consistent with the institution’s § 668.46(k). These negotiators requested title IX in disciplinary hearings policies and transparent to the accuser that the Department consider including, mandated under the HEA is included in and accused, includes timely notice of as part of the definition, a provision that the Clery Act regulations does not meetings at which the accuser or requires an institution’s disciplinary change title IX requirements. This view

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35444 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

is consistent with the Department’s in a proceeding might abuse the rule by requirements, as amended by VAWA, an explanation to the negotiators at the claiming that whoever is acting as the institution must only state in its annual start of the rule-making that the Clery official is perceived to be biased security report what standard of Act amendments and implementing convinced the committee to agree to this evidence it uses in its disciplinary regulations in no way affect or conflict change. Although the prohibition is now proceedings regarding sexual assault, with Title IX requirements, including limited to those officials who have a dating violence, domestic violence, and those interpreted by OCR in its guidance conflict of interest or bias, the stalking. This Clery Act requirement documents. Department expects that an institution does not conflict with the Title IX At the last session of negotiations, the will make every effort to ensure that obligation to use the preponderance of Department presented amended draft officials conducting proceedings do not the evidence standard in Title IX language in § 668.46(k)(3)(i) defining a have a perceived conflict of interest or proceedings. A recipient can comply ‘‘prompt, fair and impartial proceeding’’ bias against either the accused or the with Title IX and the Clery Act by using to include a proceeding that is accuser. a preponderance of evidence standard completed within a reasonable The negotiators discussed defining in disciplinary proceedings regarding timeframe designated by the who would be considered an ‘‘official’’ Title IX complaints and by disclosing institution’s policy and without undue for the purposes of an institutional this standard in the annual security delay, and that is conducted in a disciplinary proceeding to add clarity to report required by the Clery Act. manner that: (1) Is consistent with the the regulation. Some of the negotiators Please see the section on Advisor of institution’s policies and transparent to suggested specifying that students could Choice below for a full discussion of the the accuser and accused; (2) includes be ‘‘officials’’ in this context, noting that definition of ‘‘advisor.’’ timely notice to the accuser and accused at many institutions, students often Some non-Federal negotiators also of all meetings relevant to the serve as officials during a disciplinary indicated at the first session of proceeding; and (3) provides timely proceeding. Other negotiators strongly negotiations that it would be helpful for access to both the accuser and the disagreed with this practice, raising the regulations to define the term accused to any information that will be concerns that having students serve as ‘‘proceeding’’ because institutions use a used during the proceeding. These officials during disciplinary proceedings variety of approaches when conducting changes were met with general calls into question the possibility of a disciplinary proceeding. In response agreement from the non-Federal having a prompt, fair, and impartial to the discussion at the first session, the negotiators although several changes to process, and that it can result in re- Department introduced draft regulations the specific language were requested. victimization of the accuser or at the second session of negotiations The committee agreed to revise the secondary or vicarious traumatization defining the term ‘‘proceeding’’ to mean regulations to permit an institution to for the student officials. These all activities related to the resolution of exceed the timeframe in its policy for negotiators did not believe that a an institutional disciplinary complaint, good cause with written notice to the definition of ‘‘official’’ should include including, but not limited to, fact- accuser and the accused of the delay students. While the Department and the reason for the delay. This declined to add a definition of ‘‘official’’ finding investigations, formal or language was added in recognition that to the proposed regulations, we stress informal meetings, and hearings. The some delays are unavoidable. The that when an institution involves definition of ‘‘proceeding’’ was proposed requirement for written notice students in a disciplinary proceeding, modified at the last session of of the delay and the reasons for the the students are serving as officials of negotiations to mean all activities delay, however, is appropriate to ensure the institution during that proceeding related to a non-criminal resolution of a fair proceeding. The Department also and nothing about being a student an institutional disciplinary complaint, notes that, as it relates to changes that role. In that vein, we note including, but not limited to, fact- § 668.46(k)(3)(i)(B)(2), the phrase that the requirements in proposed finding investigations, formal or ‘‘timely notice to the accuser and § 668.46(k)(2)(ii) pertaining to training informal meetings, and hearings to accused of all meetings relevant to the for officials and § 668.46(k)(3)(i)(C) clarify that institutional disciplinary proceeding’’ is intended to ensure that pertaining to conflicts of interest in a proceedings are not courts of law that the accuser and the accused have time disciplinary proceeding would apply to resolve criminal matters. to adequately prepare or to arrange to students as well as other individuals Lastly, at the first session of have an advisor present at all of these serving as officials during an negotiated rulemaking the non-Federal meetings, if they desire. institutional disciplinary proceeding. negotiators requested that the At the third session, the negotiators Lastly, after consideration of the Department develop proposed continued to debate the Department’s discussion at the second session, the regulations in § 668.46(k) that would draft language requiring an institution’s Department removed the reference to harmonize the terms ‘‘results,’’ disciplinary proceedings to be § 668.46(k)(3)(i)(D) which would have ‘‘outcomes,’’ ‘‘resolution,’’ and ‘‘final conducted by officials who do not have required that, in order for an determinations,’’ with regard to an a real or perceived conflict of interest or institution’s disciplinary proceeding to institution’s disciplinary proceeding bias, for or against, the accuser or the be considered prompt, fair, and because they found the interchangeable accused. The committee decided to impartial under the Clery Act, the use of these terms confusing. In modify this language slightly by proceeding must, at a minimum, comply response to this request, the Department removing the words ‘‘real or perceived,’’ with guidance issued by OCR. As the introduced draft language at the second as reflected in proposed Department explained to the negotiators session that defined the term ‘‘result.’’ § 668.46(k)(3)(i)(C); thus, the revised at the start of the rule-making, the Clery As proposed in § 668.46(k)(3)(iv), language addresses only those officials regulations address only an institution’s ‘‘result’’ was defined as an initial, with an actual conflict of interest or responsibilities under the Clery Act, and interim, and final decision by any bias. The concerns that a perceived do not affect or conflict with the official or entity authorized to resolve conflict of interest may limit the requirements under Title IX as disciplinary matters within the officials who can conduct such hearings interpreted by OCR in its guidance institution. The result must include any on small campuses or that some parties documents. In order to meet Clery Act sanctions imposed by the institution.

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35445

The proposed definition of ‘‘result’’ institution; the steps, anticipated FERPA violations or a title IX was generally well-received, however, timelines, and decision-making process complaint. Other non-Federal the negotiators debated whether to for each type of disciplinary proceeding; negotiators argued that if an institution mandate the inclusion of the rationale and how the institution determines is not required to list all possible for the result in the disclosure provided which type of proceeding to use based sanctions, the institution may abuse its to the parties (and therefore in the on the circumstances of an allegation of discretion and impose an definition) so that if an institution has dating violence, sexual assault, or inappropriately light sanction. One non- an appeals process, the accused and the stalking. This provision was included to Federal negotiator pointed out that, accuser will have a basis for the appeal. provide greater transparency for since 2005, the Handbook has provided One non-Federal negotiator felt that students and the public around which guidance suggesting that institutions list including the rationale for the result in types of disciplinary proceedings may all sanctions imposed, meaning that the proposed regulations would be be used, how the institution will listing all sanctions was not an entirely contrary to the definition of ‘‘final determine which one is most new approach. results’’ in the Department’s FERPA appropriate to use, and what timelines The committee debated whether to regulations at 34 CFR 99.39. At the third and processes to expect for each one. require an institution to describe the and last session of negotiations, the At the last session of negotiated range of sanctions and protective Department introduced new draft rulemaking, the committee reviewed measures rather than provide an language in § 668.46(k)(3)(iv) to amend revised draft language developed by the exhaustive list to allow the institution to the definition of ‘‘result’’ to require that, Department. A non-Federal negotiator retain flexibility in providing a sanction notwithstanding FERPA (20 U.S.C. suggested that the Department remove or protective measure that may be 1232g), the result must also include the the words ‘‘in detail’’ from the unique to a certain situation. In reason for the result. The Department description of each type of disciplinary response to the concerns that explained that the regulations under proceeding used by an institution in institutions should retain some FERPA do not specifically address § 668.46(k)(1)(i). The same non-Federal flexibility, the Department noted that whether the permissible disclosure to negotiator suggested that the institutions have the authority to change the victim of the ‘‘final results’’ of a Department remove the words ‘‘reported their policies during the year, including disciplinary proceeding with respect to incident of an alleged crime’’ and after they publish their annual security a crime of violence or a non-forcible sex substitute the words ‘‘an allegation of report. In this case, if an institution offense under 34 CFR 99.31(a)(13) and dating violence, domestic violence, changes its policies to include or 99.39 includes the reason for the result. sexual assault, or stalking’’ in remove sanctions during the year, the However, the Department has decided § 668.46(k)(1)(i), (k)(1)(ii), and (k)(1)(iii) Department would expect the that, in light of the increased disclosures because institutions do not adjudicate institution’s next annual security report and rights provided to the accuser under crimes. After discussion, the committee to reflect the institution’s revised list of VAWA, including potentially the right agreed to these suggestions. sanctions. Some of the non-Federal to appeal if the institution’s procedures The Department also included, in the negotiators favored requiring an provide an appeal, it is vital that the draft language provided during the exhaustive list of sanctions, to ensure accuser be informed of the reason for second negotiating session, a new transparency, but a range of protective the result. A non-Federal negotiator, § 668.46(k)(1)(iii), which tracks newly measures in order to preserve the while agreeing that the reason for the amended section 485(f)(8)(B)(ii) of the confidentiality of a victim and also to result should be included in the HEA and requires that the institution preserve flexibility to provide ad hoc definition of ‘‘result,’’ suggested that the describe the possible sanctions or protective measures for victims. The definition should also include the protective measures that the institution committee ultimately agreed that rationale for the sanctions and the may impose following the results of any sanctions for perpetrators and protective committee reached consensus on this institutional disciplinary procedure measures available to victims should be additional language. regarding these incidents. The addressed in separate paragraphs at negotiating committee’s discussion on §§ 668.46(k)(1)(iii) and (k)(1)(iv) in this General Institutional Disciplinary this provision focused on whether the NPRM, which requires an institution to Proceedings in Proposed § 668.46(k)(1) institution should provide the possible list all possible sanctions and a range of As stated previously, section 304(a)(5) sanctions as opposed to a list of all protective measures, respectively. of VAWA amended section 485(f)(8) of sanctions that an institution may the HEA to require that each institution impose. Several non-Federal negotiators Advisor of Choice of higher education that participates in thought that providing an exhaustive As stated previously, section 304(a)(5) any title IV, HEA program, other than a list of sanctions would hamper an of VAWA amended section 485(f)(8)(iv) foreign institution, include a statement institution’s ability to strengthen of the HEA to require that the accuser of policy in the institution’s annual sanctions or be innovative in imposing and the accused be entitled to the same security report addressing the sanctions, while others felt that opportunities to have others present procedures for institutional disciplinary requiring an exhaustive list would during an institutional disciplinary action in cases of alleged dating require institutions to be more proceeding, including the opportunity violence, domestic violence, sexual transparent about the types of sanctions to be accompanied to any related assault, or stalking. As a result of the they impose and permit students and meeting or proceeding by an advisor of discussions at the first session of employees to consider whether those their choice. At the first session of negotiations, the Department introduced sanctions are appropriate under the negotiated rulemaking, several non- draft language for § 668.46(k) that circumstances. Federal negotiators stated that the term reflected all of the statutory changes At the last session, several non- ‘‘advisor’’ should be defined and that outlined under the Statute heading. The Federal negotiators continued to argue the role of the advisor and the extent to draft language included new against requiring an institution to list all which an advisor can participate in a § 668.46(k)(1)(i), which would require sanctions because if only a small disciplinary proceeding should be an institution to describe each type of number of sanctions were imposed, clearly delineated in the proposed disciplinary proceeding used by the disclosing such a list might trigger regulations. Several non-Federal

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35446 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

negotiators argued that institutions last session, simplified the proposed provides the accuser or accused should have discretion to limit who can definition of ‘‘advisor’’ in support, guidance, or advice is not accompany the parties involved in a § 668.46(k)(3)(ii) by defining the term to intended to include individuals acting disciplinary hearing and the extent to mean an individual who provides the as interpreters or translators. For which such an advisor can participate. accuser or accused support, guidance, or example, a victim with limited English Other non-Federal negotiators stated advice. The Department’s draft language proficiency involved in a campus that they believed that the statutory moved substantive provisions from the disciplinary proceeding who requires an language entitles both the accuser and prior definition of ‘‘advisor’’ into a new interpreter to understand the the accused to be accompanied to any § 668.46(k)(2)(iv) to provide that an proceedings would still be entitled to meeting or proceeding by the advisor of institution may not limit the choice of bring an advisor of their choice. their choice, and that proposed advisor for either the accuser or the Training for Disciplinary Proceeding regulations should reflect that accused; however, the institution may Officials entitlement. establish restrictions regarding the At the second session of negotiations, extent to which the advisor may The non-Federal negotiators debated the merits of including regulatory the Department presented draft language participate in the proceedings, as long standards for the training that officials for proposed § 668.46(k)(2)(iii) that as the restrictions apply equally to both who conduct disciplinary proceedings would require an institution to provide parties. This change was intended to must receive during the first session of the accuser and the accused with the separate the definition of the term negotiations. There was strong same opportunities to have others ‘‘advisor’’ from the role the advisor agreement that such training is present during any institutional plays in a disciplinary hearing. At the disciplinary proceeding, including the necessary but that the training content outset of the discussion of this issue, the opportunity to be accompanied to any should be flexible to reflect the diversity Department made clear that its related meeting or proceeding by the of institutional environments, that it interpretation of the statutory language advisor of their choice. Based on the should incorporate existing evidence- was that the accused and the accuser are discussion of this topic in the first based research or practice, and that it entitled to an advisor of their choice, session, we also defined the term should emphasize the need for both including an attorney. One non-Federal ‘‘advisor’’ in § 668.46(k)(3)(ii) of the impartiality and sensitivity in dealing negotiator suggested that the draft to mean an individual who with the accused and the accuser. Department add language to new provides the accused or accuser Several non-Federal negotiators support, guidance, or advice. The draft § 668.46(k)(2)(iv) to bar an institution questioned whether standards for regulations provided that an institution from limiting the choice or presence of training should be included in the may not limit the choice of advisor for an advisor for either the accuser or the Handbook or other best practices either party but that an institution could accused to make it clear that both document as opposed to the proposed limit the extent to which an advisor may parties in the proceeding are entitled to regulations. The subcommittee formed participate in the proceedings, such as be accompanied by an advisor. Other to further explore the issue of restricting cross-examination of non-Federal negotiators felt this was prevention and awareness programs witnesses or prohibiting advisors from redundant given that § 668.46(k)(2)(iii) agreed to add the topic of training on addressing the decision-maker, as long states that the accuser and the accused disciplinary proceedings to its agenda as the limits apply equally to both have the same opportunities to have and report back to the negotiated parties. Several non-Federal negotiators others present during any institutional rulemaking committee on their findings supported this approach and agreed disciplinary proceeding, including the in the second session. with the Department’s view that the opportunity to be accompanied to any At the second negotiated rulemaking statutory language was intended to related meeting or proceeding by the session, the subcommittee that was allow the accuser and the accused to advisor of their choice. The non-Federal formed to address prevention and have the advisor of their choice. Other negotiators expressed strong concerns awareness programs as well as training non-Federal negotiators felt that on both sides of this issue. Several non- on disciplinary hearings shared with the allowing the accused or the accuser to Federal negotiators characterized the whole committee a list of training bring an attorney to a disciplinary restriction on an institution’s ability to standards they had developed for proceeding created an advantage for that limit the choice of an advisor as a officials who conduct disciplinary party and would intimidate the party significant change that would create a proceedings. Although the list was that chose not to bring an attorney or serious burden on institutions while comprehensive and well-received, it who could not afford to bring an others characterized the requirement as was the general feeling of the negotiated attorney. Additionally, these non- a long-overdue protection for victims of rulemaking committee that such a list Federal negotiators expressed concern sexual violence. Ultimately, the should be included in a best practices that the presence of attorneys would negotiators agreed to the language in document or the Handbook rather than change the tenor of institutional proposed § 668.46(k)(2)(iii), which the proposed regulations because the disciplinary proceedings. There was would provide that the institution level of detail went beyond the scope of general agreement that an institution cannot limit the choice or presence of the Department’s rulemaking authority. could place limits on the participation advisor for either the accuser or the Notification of Disciplinary Proceeding of an advisor; however, one non-Federal accused in any meeting or institutional Results negotiator objected to the Department’s disciplinary proceeding. However, choice of the words ‘‘restricting cross- proposed § 668.46(k)(2)(iv) would allow As stated previously, section 304(a)(5) examination of witnesses’’ because of institutions to establish restrictions of VAWA amended section 485(f)(8)(iv) the concern that such language gave the regarding the extent to which the of the HEA to require that both the impression, falsely, that disciplinary advisor may participate in the accuser and the accused be proceedings are criminal legal proceedings, as long as the restrictions simultaneously informed, in writing, of proceedings. apply equally to both parties. We note the outcome of any disciplinary The Department’s final draft that the proposed definition of proceeding; the institution’s procedures regulation, presented at the third and ‘‘advisor’’ to mean someone who for both parties to appeal the results of

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35447

the proceeding; of any change to the notifying victims of the outcome should Executive Orders 12866 and 13563 results that occurs prior to the results always be required. Regulatory Impact Analysis becoming final, and when such results In its draft regulations presented to become final. There was general the committee during the third session, Introduction agreement during the first session of the Department proposed a new Institutions of higher education that negotiations that there should be provision in § 668.46(k)(2)(v)(A), which participate in the Federal student flexibility in how institutions would exempt an institution from the financial aid programs authorized by implement this requirement. The requirement that it simultaneously title IV of the HEA are required to Department noted that it generally notify, in writing, both the accuser and comply with the Clery Act. According to interprets the term ‘‘in writing’’ to mean the accused of the result of a the most current IPEDS data, a total of either a hard copy document or an disciplinary proceeding if the accuser or 7,508 institutions were participating in electronic document. Some non-Federal the accused requested not to be title IV programs in 2012. The negotiators outlined a variety of informed of the result. This draft Department reviews institutions for approaches that they thought language was strongly criticized by compliance with the Clery Act and has institutions could take when notifying several members of the committee imposed fines for significant non- the accuser and the accused of the because they believed that requiring compliance. The Department expects outcome, including providing hard copy notification was an important part of the that these proposed changes will be documents in back-to-back in-person process for victims, who sometimes beneficial for students, prospective meetings or at separate meetings have been left in the dark as to the result students, and employees, prospective scheduled at the same time but in a of a disciplinary proceeding. These employees, the public and the different location so that the parties are committee members recognized that institutions themselves. Under Executive Order 12866, the separated, sending letters by some victims might not want to actually simultaneous email to the accuser and Secretary must determine whether this view the results, but they suggested that regulatory action is ‘‘significant’’ and, the accused, or mailing letters to both there are ways in which an institution therefore, subject to the requirements of the accuser and the accused at the same could send the victim the results, such the Executive order and subject to time. The Department indicated its as in a sealed envelope, which would review by the Office of Management and support for a flexible approach. During allow the victim to make the decision of Budget (OMB). Section 3(f) of Executive the first session of negotiations, the non- whether or not to view them. For these Order 12866 defines a ‘‘significant Federal negotiators also debated reasons, the Department agreed to regulatory action’’ as an action likely to whether the statute required schools to remove the provision. result in a rule that may— have an appeals process or simply Anti-Retaliation Clause (1) Have an annual effect on the required the institution to disclose the economy of $100 million or more, or existence of an appeals process, if the Statute: Section 488(e)(3) of the adversely affect a sector of the economy, institution allowed appeals. HEOA added section 485(f)(17) to the productivity, competition, jobs, the The draft regulatory language that the HEA to specify that nothing in the Clery environment, public health or safety, or Department presented at the second Act could be construed to permit an State, local, or tribal governments or session included a provision reflecting institution or an officer, employee, or communities in a material way (also statutory language that an institution agent of an institution, participating in referred to as an ‘‘economically must require simultaneous notification, any title IV program to retaliate, significant’’ rule); in writing, to both the accuser and the intimidate, threaten, coerce, or (2) Create serious inconsistency or accused, of the result of any otherwise discriminate against any otherwise interfere with an action taken institutional disciplinary proceeding individual with respect to the or planned by another agency; that arises from an allegation of implementation of any provision under (3) Materially alter the budgetary impacts of entitlement grants, user fees, domestic violence, dating violence, the Clery Act. or loan programs or the rights and sexual assault, or stalking and the Current Regulations: None. institution’s procedures for the accused obligations of recipients thereof; or (4) Raise novel legal or policy issues and the victim to appeal the result of the Proposed Regulations: We propose to arising out of legal mandates, the institutional disciplinary proceeding, if add § 668.46(m) to prohibit retaliation President’s priorities, or the principles such procedures are available. The by specifying that ‘‘an institution or an officer, employee, or agent of an stated in the Executive order. Department considered including a This proposed regulatory action is a requirement that institutions provide for institution, may not retaliate, intimidate, threaten, coerce, or significant regulatory action subject to an appeal process but decided that such review by OMB under section 3(f) of a requirement is not supported by the otherwise discriminate against any individual for exercising their rights or Executive Order 12866. statute. One non-Federal negotiator We have also reviewed these responsibilities under any provision in expressed concern that the proposed regulations under Executive Order this section.’’ regulations may be interpreted as 13563, which supplements and requiring that a police incident report Reasons: The Department had not explicitly reaffirms the principles, may have to be included in the final previously reflected the statutory structures, and definitions governing result of a disciplinary proceeding. The provision regarding anti-retaliation in regulatory review established in Department assured the negotiator that the regulations. Over the last several Executive Order 12866. To the extent the regulations were not intended to years, however, the Department has permitted by law, Executive Order require an incident report to be part of received requests to incorporate this 13563 requires that an agency— the final result. Another non-Federal provision into the regulations to make (1) Propose or adopt regulations only negotiator was concerned that the the regulations more complete. As a upon a reasoned determination that language did not allow a victim to opt result, we are proposing to add this their benefits justify their costs out of receiving the final results while provision to the regulations, to reflect (recognizing that some benefits and several other negotiators felt that these statutory requirements. costs are difficult to quantify);

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35448 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

(2) Tailor its regulations to impose the for students and institutions. There procedures, and programs pertaining to least burden on society, consistent with would be two primary benefits of the these crimes in their annual security obtaining regulatory objectives and proposed regulations. First, we expect reports. taking into account—among other things students and prospective students and During the negotiated rulemaking and to the extent practicable—the costs employees and prospective employees process, non-Federal negotiators of cumulative regulations; to be better informed and better able to discussed issues relating to the new (3) In choosing among alternative make choices in regards to higher provisions in the Clery Act addressing regulatory approaches, select those education attendance and employment dating violence, domestic violence, approaches that maximize net benefits because the proposed regulations would sexual assault and stalking including: (including potential economic, improve the method by which crimes on • Methods of compiling statistics of environmental, public health and safety, campuses are counted and reported. incidents that occur within Clery and other advantages; distributive Second, we would provide further geography and are reported to campus impacts; and equity); clarity on students’ and employees’ security authorities. (4) To the extent feasible, specify rights and procedures by requiring • Definitions of terms. performance objectives, rather than the institutions to design and disclose • Programs to prevent dating behavior or manner of compliance a policies and institutional programs to violence, domestic violence, sexual regulated entity must adopt; and prevent sexual assault. assault, and stalking. (5) Identify and assess available Under ‘‘Net Budget Impacts,’’ the • Procedures that will be followed alternatives to direct regulation, Department presents its estimate that once an incident of these crimes has including economic incentives—such as the final regulations would not have a been reported, including a statement of user fees or marketable permits—to significant net budget impact on the the standard of evidence that will be encourage the desired behavior, or Federal government. used during any institutional provide information that enables the In ‘‘Alternatives Considered,’’ we disciplinary proceeding arising from the public to make choices. describe other approaches the report. Executive Order 13563 also requires Department considered for key • Educational programs to promote an agency ‘‘to use the best available provisions of the proposed regulations, the awareness of dating violence, techniques to quantify anticipated including definitions of ‘‘outcomes,’’ domestic violence, sexual assault, and present and future benefits and costs as ‘‘initial and final determinations,’’ stalking, which shall include primary accurately as possible.’’ The Office of ‘‘resolution,’’ ‘‘dating violence,’’ prevention and awareness programs for Information and Regulatory Affairs of ‘‘employees,’’ ‘‘consent,’’ and ‘‘sodomy incoming students and new employees, OMB has emphasized that these and sexual assault with an object.’’ as well as ongoing prevention and techniques may include ‘‘identifying The ‘‘Initial Regulatory Flexibility awareness programs for students and changing future compliance costs that Analysis’’ considers the effect of the faculty. might result from technological proposed regulations on small entities. • The right of the accuser and the innovation or anticipated behavioral Finally, the ‘‘Clarity of the accused to have an advisor of their changes.’’ Regulations’’ provides guidance to choice present during an institutional We are issuing these proposed commenters when reviewing the disciplinary proceeding. regulations only on a reasoned proposed regulations for ease of • Simultaneous notification to both determination that their benefits would understanding. the accuser and the accused of the justify their costs. In choosing among outcome of the institutional disciplinary Need for Regulatory Action alternative regulatory approaches, we proceeding. selected those approaches that Executive Order 12866 emphasizes • Informing victims of options for maximize net benefits. Based on the that ‘‘Federal agencies should victim assistance in changing academic, analysis that follows, the Department promulgate only such regulations as are living, transportation, and working believes that these proposed regulations required by law, are necessary to situations, if requested by the victim are consistent with the principles in interpret the law, or are made necessary and such accommodations are Executive Order 13563. by compelling public need, such as reasonably available, regardless of In accordance with both Executive material failures of private markets to whether the victim chooses to report the orders, the Department has assessed the protect or improve the health and safety crime to campus police or local law potential costs and benefits, both of the public, the environment, or the enforcement. quantitative and qualitative, of this well-being of the American people.’’ In As a result of these discussions, the regulatory action. The potential costs this case, there is indeed a compelling proposed regulations would require associated with this regulatory action public need for regulation. The institutions to compile statistics for are those resulting from statutory Department’s goal in regulating is to certain crimes (dating violence, requirements and those we have incorporate the provisions in VAWA domestic violence, sexual assault, and determined as necessary for into the Department’s Clery Act stalking) that are reported to campus administering the Department’s regulations. security authorities or local police programs and activities. On March 7, 2013, President Obama agencies. Additionally, institutions This Regulatory Impact Analysis is signed VAWA into law. Among other would be required to include certain divided into five sections. The ‘‘Need provisions, this law amended the Clery policies, procedures, and programs for Regulatory Action’’ section discusses Act. The statutory changes made by pertaining to these crimes in their why these implementing regulations are VAWA require institutions to compile annual security reports (ASRs). necessary to define terms and improve statistics for certain crimes that are The purpose of the disclosures upon the methods by which institutions reported to campus security authorities required by the Clery Act is to give count crimes within their Clery or local police agencies including prospective and current students geography. incidents of dating violence, domestic information to help them make The ‘‘Discussion of Costs and violence, sexual assault, and stalking. decisions about their potential or Benefits’’ section considers the cost and Additionally, institutions will be continued enrollment in a benefit implications of these regulations required to include certain policies, postsecondary institution. Prospective

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35449

and current students and their families, which would fall into two categories: workload would result in costs staff, and the public use the information Paperwork costs of complying with the associated with either the hiring of to assess an institution’s security regulations, and other compliance costs additional employees or opportunity policies and the level and nature of that institutions may incur as they costs related to the reassignment of crime on its campus. Institutions are attempt to improve security on campus. existing staff from other activities. required to disclose this data to Under the proposed regulations, Under the proposed regulations, these students, employees, and prospective institutions would have to include in costs would involve updating the students and employees and to provide the annual security report, descriptions annual security reports; changing crime the crime statistics to the Department, of the primary prevention and statistics reporting to capture additional which then makes it available to the awareness programs offered for all crimes, categories of crimes, public. incoming students and new employees differentiation of hate crimes, and and descriptions of the ongoing expansion of categories of bias reported; Discussion of Costs and Benefits prevention and awareness programs and the development of statements of A benefit of these proposed provided for enrolled students and policy about prevention programs and regulations is that they would employees. To comply, some institutional disciplinary proceedings. strengthen the rights of students and institutions may need to create or In total, the proposed regulations are employees in connection with reported update material about the availability of estimated to increase paperwork burden incidents of dating violence, domestic prevention programs while others may on institutions participating in the title violence, sexual assault, and stalking. already provide sufficient information. IV, HEA programs by 77,725 hours Institutions would be required to collect Awareness and prevention programs annually. The monetized cost of this statistics for crimes reported to campus can be offered in a variety of formats, additional paperwork burden on security authorities and local police including electronically, so the costs of institutions, using wage data developed agencies that involve incidents of dating any changes institutions would make in using BLS data available at: violence, domestic violence, sexual response to the proposed regulations www.bls.gov/ncs/ect/sp/ecsuphst.pdf, is assault, and stalking. This would could vary significantly and the $2,840,849. This cost was based on an improve crime reporting. In addition, Department has not attempted to hourly rate of $36.55 for institutions. students, prospective students, families, quantify additional costs associated Given the limited data available, the and employees and potential employees with awareness and prevention Department is particularly interested in of the institutions, would be better programs. comments and supporting information informed about each campus’s safety Another area in which institutions related to the estimated burden and procedures. could incur costs related to the stemming from the proposed These proposed regulations would proposed regulations involves regulations. Estimates included in this require institutions to include in their institutional disciplinary proceedings in notice will be reevaluated based on any annual security report information cases of alleged dating violence, information received during the public about the institution’s policies and domestic violence, sexual assault, or comment period. programs to prevent sexual assault, stalking. Institutions will be required to Net Budget Impacts which would cover programs that have a policy statement describing the address dating violence, domestic proceedings that would have to describe The proposed regulations are not violence, sexual assault, and stalking. the standard of evidence that applies; estimated to have a significant net This information would help students the possible sanctions; that the accused budget impact in the title IV, HEA and employees understand these rights and the accuser will have an equal right student aid programs over loan cohorts and procedures. Prevention and to have others present, including from 2014 to 2024. Consistent with the awareness programs for all new students advisors of their choice; and that written requirements of the Credit Reform Act and employees, as well as ongoing notice of the outcomes of the of 1990, budget cost estimates for the prevention and awareness campaigns proceedings would be given student loan programs reflect the for enrolled students and faculty would simultaneously to both the accused and estimated net present value of all future be beneficial in providing additional the accuser. The proceedings would be non-administrative Federal costs information to students and employees. conducted by officials who receive associated with a cohort of loans. (A The revised provisions related to annual training on issues related to cohort reflects all loans originated in a institutional disciplinary proceedings in dating violence, domestic violence, given fiscal year.) cases of alleged dating violence, sexual assault, and stalking as well as In general, these estimates were domestic violence, sexual assault, and training on how to conduct developed using the Office of stalking would protect the accuser and investigations and hearings in a way to Management and Budget’s (OMB) Credit the accused by ensuring an equal protect the safety of victims. Depending Subsidy Calculator. The OMB calculator opportunity to have an advisor at upon their existing procedures, some takes projected future cash flows from meetings and proceedings, an equal institutions may have to make changes the Department’s student loan cost right to appeal if appeals are available, to their disciplinary proceedings. The estimation model and produces and the right to learn of the outcome of Department has not attempted to discounted subsidy rates reflecting the the proceedings, including the rationale. quantify those potential additional net present value of all future Federal Accusers would gain the benefit of a costs, which could vary significantly costs associated with awards made in a required written explanation of their amongst institutions. given fiscal year. Values are calculated rights and options, including In addition to the costs described using a ‘‘basket of zeros’’ methodology information about the possible sanctions above, institutions would incur costs under which each cash flow is an institution may impose on associated with the reporting and discounted using the interest rate of a perpetrators and the range of protective disclosure requirements of the proposed zero-coupon Treasury bond with the measures an institution may make regulations. This additional workload is same maturity as that cash flow. To available to victims. discussed in more detail under the ensure comparability across programs, Institutions would largely bear the Paperwork Reduction Act of 1995 this methodology is incorporated into costs of these proposed regulations, section. We expect this additional the calculator and used government-

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35450 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

wide to develop estimates of the Federal definition of the term ‘‘resolution’’ was regulations as we were not convinced cost of credit programs. Accordingly, also considered by the Department. The that it would be helpful to institutions the Department believes it is the Department ultimately decided to use in complying with the Clery Act. For appropriate methodology to use in the term ‘‘results’’ in the proposed purposes of Clery Act reporting, all sex developing estimates for these regulations to refer to the initial, offenses that are reported to a campus regulations. interim, and final decisions. security authority must be recorded in We are not estimating that the an institution’s Clery Act statistics and, Alternative Definition of Dating proposed regulations will have a net if reported to the campus police, must Violence budget impact on the title IV aid be included in the crime log, regardless programs. We assume that institutions The Department considered several of the issue of consent. will generally continue to comply with alternatives to the definition of ‘‘dating Clery Act reporting requirements and violence.’’ The inclusion of emotional Definitions of Sodomy and Sexual such compliance has no net budget and psychological abuse, along with Assault With an Object impact on the title IV aid programs. In sexual and physical abuse, was The Department had initially the past, the Department has imposed considered. The Department decided to separated the terms ‘‘sodomy’’ and fines on institutions that violate the include only sexual or physical abuse or ‘‘sexual assault with an object’’ into two Clery Ac but those fines do not have a the threat of such abuse in the distinct definitions for which separate net budget impact. Therefore, we definition. The Department decided that statistics would be reported by estimate that the proposed regulations some instances of emotional and institutions. However, the Department will have no net budget impact on the psychological abuse do not rise to the decided to adopt the FBI’s new title IV, HEA programs. level of ‘‘violence’’ which is part of the definition of ‘‘rape.’’ This new statutory definition of the term ‘‘dating definition of rape covers acts including Alternatives Considered violence’’ under VAWA. The rape, sodomy, and sexual assault with The Department determined that Department also has concerns over an object. Under this new definition of regulatory action was needed in order to implementation by campus security rape, all instances of sodomy and sexual implement the changes made to the authorities of a definition of the term if assault with an object would be Clery Act by VAWA, reflect the it included these forms of abuse. included in the definition of ‘‘rape.’’ statutory language in the regulations The Department also considered how Therefore, separate statistics would not and make some technical and clarifying to define ‘‘dating violence’’ as a crime be collected for these crime categories, changes to the Department’s existing for Clery Act purposes when it may not and the Department therefore decided Clery Act regulations. be a crime in some jurisdictions. To not to define these terms separately. During the development of the address this concern, the Department Initial Regulatory Flexibility Act proposed regulations, a number of added a statement that any incident Analysis different approaches to implement the meeting the definition of ‘‘dating amendments made to the Clery Act were violence’’ was considered a crime for This Initial Regulatory Flexibility discussed by the Department during the the purposes of Clery Act reporting. Analysis presents an estimate of the negotiated rulemaking process. Some of effect on small entities of the proposed these approaches included the addition Definitions of Employees regulations. The U.S. Small Business of clarifying definitions for ‘‘outcomes,’’ The Department considered adding a Administration Size Standards define ‘‘initial and final determinations,’’ definition of ‘‘employee’’ to the ‘‘for-profit institutions’’ as ‘‘small ‘‘resolution,’’ ‘‘dating violence,’’ proposed regulations. Some negotiators businesses’’ if they are independently ‘‘employees,’’ ‘‘consent,’’ and ‘‘sodomy requested that the Department define owned and operated and not dominant and sexual assault with an object.’’ this term to provide clarity to in their field of operation with total These alternative approaches are institutions. The Department decided annual revenue below $7,000,000. They discussed below. not to define this term, however, since define ‘‘non-profit institutions’’ as the existing regulations already ‘‘small organizations’’ if they are Definitions of Outcomes, Initial and effectively require institutions to independently owned and operated and Final Determinations, and Resolution determine who current employees are not dominant in their field of operation, The Department considered for the purposes of distributing their or as ‘‘small entities’’ if they are harmonizing the terms, ‘‘outcomes’’, annual security reports. institutions controlled by governmental ‘‘initial and final determinations’’, and entities with populations below 50,000. Definition of Consent ‘‘resolution’’, used throughout the Clery The Secretary invites comments from Act regulations for internal consistency The Department considered adding a small entities as to whether they believe and to provide clarity for institutions. definition of ‘‘consent’’ for the purposes the proposed changes would have a These terms are often being used of the Clery Act to the proposed significant economic impact on them interchangeably, along with the term regulations. Some negotiators indicated and, if so, requests evidence to support ‘‘results.’’ The Department considered that a definition of ‘‘consent’’ would that belief. an alternative definition of ‘‘outcomes’’ provide clarity for institutions, students, as one or more parts of the results. The and employees for when a reported sex Description of the Reasons That Action Department also considered an offense would need to be included in by the Agency Is Being Considered alternative definition of ‘‘initial and the institution’s Clery Act statistics. This proposed regulatory action final determinations,’’ which would However, a definition of ‘‘consent’’ would implement the changes made to have defined the term ‘‘initial might also create ambiguity in the Clery Act by VAWA, reflect the determinations’’ to include those jurisdictions that either do not define statutory language in the regulations decisions made before the appeals ‘‘consent’’ or have a definition that and make some technical and clarifying process, if the institution had such differed from the one that would be in changes to the Department’s existing process. A ‘‘final determination’’ would the regulations. The Department Clery Act regulations. The proposed be the decision made after the appeals decided against including the definition regulations would reflect the statutory process had been completed. Adding a of ‘‘consent’’ in the proposed requirement that institutions compile

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35451

and report statistics for incidents of stalking that are reported to campus Description of the Projected Reporting, dating violence, domestic violence, security authorities or local police Recordkeeping, and Other Compliance sexual assault, and stalking that are agencies. Additionally, the proposed Requirements of the Proposed reported to campus security authorities regulations would require institutions to Regulations, Including an Estimate of or local police agencies. Additionally, include certain policies, procedures, the Classes of Small Entities That institutions would be required to and programs pertaining to these crimes Would Be Subject to the Requirement include certain policies, procedures, in their annual security reports. and the Type of Professional Skills and programs pertaining to these crimes Necessary for Preparation of the Report in their annual security reports. Description of and, Where Feasible, an or Record The purpose of these data collections Estimate of the Number of Small is to give prospective and current Entities to Which the Proposed Table 1 shows the estimated burden of each information collection students information to help them make Regulations Would Apply decisions about their potential or requirement to the hours and costs continued enrollment in a The proposed regulations would estimated and discussed in more detail postsecondary institution. Prospective apply to institutions of higher education in the Paperwork Reduction Act of 1995 and current students and their families, that participate in the title IV, HEA section. Additional workload would staff, and the public use the information student aid programs, other than foreign normally be expected to result in to assess an institution’s security institutions of higher education. From estimated costs associated with either policies and the level and nature of the most recent data compiled in the the hiring of additional employees or crime on its campus. In addition to the 2012 Campus Safety and Security opportunity costs related to the reassignment of existing staff from other disclosure to students and employees Survey, we estimate that approximately activities. In total, by taking 100 percent institutions must provide campus crime 7,230 institutions would be subject to data to the Department annually. (for the private non-profit institutions) the proposed regulations, including and 40 percent (for the private for-profit Succinct Statement of the Objectives of, 2,011 public, 1,845 private not-for- institutions) of the estimated burden and Legal Basis for, the Proposed profit, and 3,365 private for-profit hours for paragraphs 668.46(b), (c), (j), Regulations institutions. Of these institutions, we and (k), detailed in the Paperwork On March 7, 2013, President Obama consider all of the private not-for-profit Reduction Act section of this preamble, signed the Violence Against Women institutions and approximately 40 these changes are estimated to increase Reauthorization Act of 2013 (VAWA) percent of private for-profit institutions the burden on small entities (Pub. L. 113–4). Among other as small entities. We do not believe any participating in the title IV, HEA provisions, this law amended section of the public institutions meet the programs by 34,401 hours annually. The 485(f) HEA, otherwise known as the definition of ‘‘small entity.’’ monetized cost of this additional Clery Act. These statutory changes paperwork burden on institutions, using require institutions to compile statistics a $36.55 wage rate developed using BLS for incidents of dating violence, data available at www.bls.gov/ncs/ect/ domestic violence, sexual assault, and sp/ecsuphst.pdf, is $1,257,357.

TABLE 1—ESTIMATED PAPERWORK BURDEN ON SMALL ENTITIES

Reg OMB Provision section control No. Hours Costs

Annual Security Report ...... 668.46(b) 1845–0022 8,000 292,407 Crime Statistics ...... 668.46(c) 1845–0022 4,800 175,447 Statement of Policy—awareness and prevention programs ...... 668.46(j) 1845–0022 12,800 467,840 Statement of Policy—institutional disciplinary proceedings ...... 668.46(k) 1845–0022 8,801 321,662

Total ...... 34,401 1,257,357

Identification, to the Extent Practicable, Clarity of the Regulations sections, use of headings, paragraphing, of All Relevant Federal Regulations etc.) aid or reduce their clarity? Executive Order 12866 and the That May Duplicate, Overlap, or • Would the proposed regulations be Conflict With the Proposed Regulations Presidential memorandum ‘‘Plain Language in Government Writing’’ easier to understand if we divided them into more (but shorter) sections? (A The proposed regulations are unlikely require each agency to write regulations that are easy to understand. ‘‘section’’ is preceded by the symbol to conflict with or duplicate existing ‘‘§ ’’ and a numbered heading; for Federal regulations. The Secretary invites comments on example, § 668.46 Institutional security how to make these proposed regulations Alternatives Considered policies and crime statistics.) easier to understand, including answers • to questions such as the following: Could the description of the As discussed in the ‘‘Regulatory proposed regulations in the • Alternatives Considered’’ section of the Are the requirements in the SUPPLEMENTARY INFORMATION section of Regulatory Impact Analysis, several proposed regulations clearly stated? this preamble be more helpful in different definitions for key terms were • Do the proposed regulations contain making the proposed regulations easier considered. The Department did not technical terms or other wording that to understand? If so, how? consider any alternatives specifically interferes with their clarity? • What else could we do to make the targeted at small entities. • Does the format of the proposed proposed regulations easier to regulations (grouping and order of understand?

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35452 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

To send any comments that concern Discussion information to the victim of dating how the Department could make these Based on the most recent data violence, domestic violence, sexual proposed regulations easier to compiled in the 2012 Campus Safety assault, and stalking. This includes understand, see the instructions in the and Security Survey, there are 7,230 information regarding: The preservation ADDRESSES section. total institutions. This figure includes of evidence to assist in proving the alleged criminal offense or obtaining a Paperwork Reduction Act of 1995 2,011 Public, 1,845 Private Not-for- Profit, and 3,365 Private For-Profit protective order; how and to whom an As part of its continuing effort to institutions. This data was collected alleged offense is to be reported; options reduce paperwork and respondent from August to October 2013 and for the involvement of law enforcement burden, the Department provides the represents the most current information and campus authorities; and where applicable the victim’s rights or general public and Federal agencies available. The PRA section will use institution’s responsibilities for orders with an opportunity to comment on these figures in assessing burden. of protection. This proposed change proposed and continuing collections of Section 668.46 Institutional Security incorporates modifications made to the information in accordance with the Policies and Crimes Statistics HEA by VAWA as well as changes Paperwork Reduction Act of 1995 (PRA) discussed during the negotiations. (44 U.S.C. 3506(c)(2)(A)). This helps Requirements: Under proposed In § 668.46(b)(11)(iii) we propose to ensure that: The public understands the § 668.46(b) Annual security report, we add a section to specify that institutions Department’s collection instructions, have revised and expanded existing must address in their annual security respondents can provide the requested language and added new requirements for items to be reported annually. We report how they will complete publicly data in the desired format, reporting available recordkeeping for the purposes burden (time and financial resources) is propose to revise § 668.46(b)(4)(i) to require institutions to address in their of Clery Act reporting while not minimized, collection instruments are including identifying information about clearly understood, and the Department statements of current policies concerning campus law enforcement the the victim and while maintaining the can properly assess the impact of jurisdiction of security personnel for the confidentiality of any accommodations collection requirements on respondents. investigation of alleged criminal or protective measures given to the Table 1 summarizes the estimated offenses, as well as any agreements, victim, to the extent that such burden on small entities, primarily such as written memoranda of exclusions would not impair the ability institutions and applicants, arising from understanding between the institution of the institution to provide such the paperwork associated with the and those police agencies. This accommodations or protective proposed regulations. proposed change incorporates measures. This proposed change Section 668.46 contains information modifications made to the HEA by the incorporates modifications made to the collection requirements. Under the PRA, HEOA and responds to requests the HEA by VAWA as well as discussions the Department has submitted a copy of Department has received regarding the during negotiations. these sections, related forms, and memorandum of understanding between We propose to revise Information Collections Requests (ICRs) campus security personnel and State § 668.46(b)(11)(iv) to require institutions to OMB for its review. OMB is required and local law enforcement. to specify in their annual security to make a decision concerning the We propose to expand reports that they will provide a written collection of information contained in § 668.46(b)(4)(iii) to include, in the notification of an expanded list of these proposed regulations between 30 statement of policy, the requirement services to students and employees if and 60 days after publication of this that the institution encourage accurate the services are available. These services document in the Federal Register. and prompt reporting of all crimes to include existing counseling, health, Therefore, to ensure the OMB gives your the campus police and the appropriate mental health, victim advocacy, legal comments full consideration, it is police agency when a victim of a crime assistance, visa and immigration important that OMB receives your elects to or is unable to make such a services for the victim, and other comments by July 21, 2014. The same report. This proposed change services that may be available at the docket ID number is used for incorporates modifications made to the institution and in the community. This commenting on both the NPRM and the HEA by VAWA, ensures complete proposed change incorporates information collection request. reporting of crime statistics in the modifications made to the HEA by institution’s annual security report and VAWA as well as discussions during A Federal agency may not conduct or provides for a safer campus community negotiations. sponsor a collection of information whether a crime is reported by the We propose to revise current unless OMB approves the collection victim or a third-party. § 668.46(b)(11)(v) to require institutions under the PRA and the corresponding We propose to revise and restructure to specify in their annual security report information collection instrument § 668.46(b)(11). Specifically, we propose that written notification would be displays a currently valid OMB control to require institutions to include in their provided to victims of dating violence, number. Notwithstanding any other annual security report a statement of domestic violence, sexual assault, and provision of law, no person is required policy regarding the institution’s stalking regarding their options for, and to comply with, or is subject to penalty programs to prevent dating violence, the availability of, changes to academic, for failure to comply with, a collection domestic violence, sexual assault, and living, transportation, and working of information if the collection stalking as well as the procedures that situations. These options would have to instrument does not display a currently the institutions would follow when one be afforded any victim, regardless of valid OMB control number. of these crimes is reported. This whether the victim reports the crime to In the final regulations, we will proposed change incorporates campus police or law enforcement. This display the control numbers assigned by modifications made to the HEA by proposed change incorporates OMB to any information collection VAWA. modifications made to the HEA by requirements proposed in this NPRM In § 668.46(b)(11)(ii) we propose that VAWA, as well as discussions during and adopted in the final regulations. institutions must provide written negotiations.

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35453

We propose to add a new institution would have to identify the institution’s prohibition of dating § 668.46(b)(11)(vii) to require category of bias that motivated the violence, domestic violence, sexual institutions to specify in their annual crime. assault, or stalking; definitions of those security reports that when a student or Under proposed § 668.46(c)(6), we crimes; a definition of consent employee of the institution reports to added stalking as a reportable crime. according to the applicable jurisdiction, the institution that a person is a victim The Department would define a description of safe and positive of dating violence, domestic violence, ‘‘stalking’’ in the proposed regulations. options for bystander intervention; sexual assault, or stalking that victim These proposed changes implement information on risk reduction; and other will be provided a written explanation the changes VAWA made to the HEA elements of paragraphs of their rights and options under this and improve the overall clarity of this 668.46(b)(11)(ii)–(vii) and (k)(2). This is subsection, whether the offense paragraph. We believe that additional being done to incorporate changes made occurred on campus or off campus. This burden would be added because there to the HEA by VAWA. proposed change incorporates are additional crimes, categories of Burden Calculation: On average, we modifications made to the HEA by crimes, differentiation of hate crimes, estimate that the proposed changes to VAWA. and expansions of the categories of bias the institution’s statements of policy Burden Calculation: On average, we that must be reported. and description of programs and estimate that the proposed changes in Burden Calculation: On average, we ongoing campaigns would take each § 668.46(b)(11) would take each estimate that the proposed changes to institution four hours of additional institution 2.5 hours of additional the reporting of crime statistics would burden. As a result, reporting burden at burden. As a result, reporting burden at take each institution 1.50 hours of public institutions would increase by public institutions would increase by additional burden. As a result, reporting 8,044 hours (2,011 reporting public 5,028 hours (2,011 public institutions burden at public institutions would institutions times 4 hours per time 2.5 hours per institution). increase by 3,017 hours (2,011 reporting institution). Reporting burden at private Reporting burden at private non-profit public institutions times 1.50 hours per non-profit institutions would increase institutions would increase by 4,635 institution). Reporting burden at private by 7,416 hours (1,854 private non-profit hours (1,854 private non-profit non-profit institutions would increase institutions times 4 hours). Reporting institutions times 2.5 hours per by 2,781 hours (1,854 private non-profit burden at private for-profit institutions institution). Reporting burden at private institutions times 1.50 hours). Reporting would increase by 13,460 hours (3,365 for-profit institutions would increase by burden at private for-profit institutions private for-profit institutions times 4 8,413 hours (3,365 private for-profit would increase by 5,048 hours (3,365 hours per institution). institutions times 2.5 hours per private for-profit institutions times 1.50 Collectively, burden would increase institution). hours per institution). by 28,920 hours under OMB Control Collectively, burden would increase Collectively, burden would increase Number 1845–0022. by 18,076 hours under OMB Control by 10,846 hours under OMB Control Requirements: Under proposed Number 1845–0022. Number 1845–0022. § 668.46(k), Procedures for institutional Requirements: Under proposed Requirements: Under proposed disciplinary action in cases of alleged § 668.46(c), Crime statistics, we have § 668.46(j), Programs to prevent dating dating violence, domestic violence, revised existing language and added violence, domestic violence, sexual sexual assault, or stalking, we would new reporting requirements for items to assault, and stalking, we are proposing implement the statutory changes be reported in the annual survey. to include in the regulations particular requiring an institution that participates The proposed revisions to requirements for the required in any title IV, HEA program, other than § 668.46(c)(1) would add the VAWA description of the institution’s programs a foreign institution, to include a crimes of dating violence, domestic and ongoing campaigns about statement of policy in its annual violence, and stalking to the crimes for prevention and awareness in the security report addressing the which an institution must collect and institution’s annual security report. procedures for institutional disciplinary disclose statistics as part of their annual Proposed § 668.46(j)(1)(i) would action in cases of alleged dating crime statistics reporting process. The require that the institution’s statement violence, domestic violence, sexual Department is modifying its approach would have to contain certain elements assault, or stalking. for the reporting and disclosing of sex in the description of the primary Proposed § 668.46(k)(1) would require offenses to reflect updates to the FBI’s prevention and awareness programs for various additions to the institution’s (Uniform Crime Reporting) UCR incoming students and new employees statement of policy that must be program and to improve the clarity of including the institution’s prohibition of included in the annual security report. § 668.46(c)(1). The Department is dating violence, domestic violence, While a statement of policy is required proposing a restructuring of the sexual assault, or stalking, definitions of under current regulations (see paragraph to consolidate all the those crimes and a definition of § 668.46(b)(11)(vii)), the proposed reportable Clery Act crimes and to ‘‘consent’’ according to the applicable regulations would require the following appropriately reflect the categories of jurisdiction, a description of safe and additions to the statement of policy. crimes. positive options for bystander Proposed § 668.46(k)(1)(i) provides While institutions would continue to intervention, information on risk that the statement of policy must be required to report statistics for the reduction, and other elements of describe each type of disciplinary three most recent calendar years, the paragraphs 668.46(b)(11)(ii)–(vii) and proceeding used by the institution proposed reporting requirements have (k)(2). This is being done to incorporate including the steps, anticipated been expanded because of the addition changes made to the HEA by VAWA. timelines, and decision-making process of new crimes added by VAWA. Proposed § 668.46(j)(1)(ii) would for each, and how the institution We have revised § 668.46(c)(4)(iii) and require that the institution’s statement determines which type of disciplinary § 668.46(c)(vii) to include gender must contain certain elements in the hearing to use. Proposed identity and national origin as two new description of the ongoing prevention § 668.46(k)(1)(ii) would provide that the categories of bias that serve as the basis and awareness campaigns for students statement of policy must describe the for a determination of a hate crime. The and employees, including the standard of evidence that would be used

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35454 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

during any disciplinary proceeding. proposed § 668.46(k)(2)(iii), an reporting burden at public institutions Proposed § 668.46(k)(1)(iii) provides institution’s statement of policy must would increase by 5,530 hours (2,011 that the statement of policy must list all provide that its disciplinary proceeding reporting public institutions times 2.75 possible sanctions an institution may will afford the accuser and the accused hours per institution). Reporting burden impose following the results of any the same opportunities to have others at private non-profit institutions would disciplinary proceeding. Proposed present during an institutional increase by 5,099 hours (1,854 private § 668.46(k)(1)(iv) provides that the disciplinary proceeding, including the non-profit institutions times 2.75 policy statement must describe the opportunity to be accompanied to any hours). Reporting burden at private for- range of protective measures that the related meeting or proceeding by an profit institutions would increase by institution may offer following an advisor of their choice. As proposed 9,254 hours (3,365 private for-profit allegation of dating violence, domestic under § 668.46(k)(2)(iv), an institution institutions times 2.75 hours per violence, sexual assault, or stalking. cannot limit the choice or presence of Under proposed § 668.46(k)(2), the an advisor, however, the institution may institution). institution would have to provide establish restrictions regarding the Collectively, burden would increase additional information regarding its advisor’s participation in the by 19,883 hours under OMB Control disciplinary proceedings in the proceedings as long as those restrictions Number 1845–0022. statement of policy. An institution’s apply equally to both the accuser and Consistent with the discussion above, statement of policy would have to the accused. Finally, under proposed Table 4 describes the sections of the provide that its disciplinary proceeding § 668.46(k)(2)(v), an institution’s proposed regulations involving includes a prompt, fair, and impartial statement of policy would require information collections, the information process from the initial investigation to simultaneous notification, in writing, to that would be collected, the collections the final result under proposed both the accuser and the accused of the § 668.46(k)(2)(i). The policy statement result of any institutional disciplinary that the Department will submit to OMB would have to provide that the proceeding, the institution’s procedures for approval and public comment under proceeding will be conducted by for the accused and the victim’s right to the PRA, and the estimated costs officials who receive annual training on appeal the result, any change to the associated with the information the issues related to dating violence, result, or when such results become collections. The monetized net costs of domestic violence, sexual assault, and final. the increased burden on institutions and stalking, and annual training on how to Burden Calculation: On average, we borrowers, using BLS wage data conduct an investigation and hearing estimate that the proposed changes to available at www.bls.gov/ncs/ect/sp/ process that protects the safety of the institution’s statement of policy ecsuphst.pdf, is $2,840,849, as shown in victims and promotes accountability would take each institution 2.75 hours the chart below. This cost was based on under proposed § 668.46(k)(2)(ii). Under of additional burden. As a result, an hourly rate of $36.55 for institutions.

TABLE 4—COLLECTION OF INFORMATION

OMB Control number and Regulatory section Information collection estimated burden Estimated [change in burden] costs

§ 668.46(b) Annual security report ...... Revises and expands existing language OMB 1845–0022 We estimate that the $660,678 and adds new requirements for items to burden would increase by 18,076 hours. be reported annually. § 668.46(c) Crime statistics ...... Revises and expands existing language OMB 1845–0022 We estimate that the 396,421 and adds new reporting requirements burden would increase by 10,846 hours. for items to be reported in the annual survey. § 668.46(j) Programs to prevent dating vi- Specifies the elements of the required OMB 1845–0022 We estimate that the 1,057,026 olence, domestic violence, sexual as- statement of policy on and description burden would increase by 28,920 hours. sault, and stalking. of the institution’s programs and ongo- ing campaigns about prevention and awareness regarding these crimes that must be included in the institution’s an- nual security report. § 668.46(k) Procedures for institutional Implements the statutory changes requir- OMB 1845–0022 We estimate that the 726,724 disciplinary action in cases of alleged ing an institution that participates in any burden would increase by 19,883 hours. dating violence, domestic violence, sex- title IV, HEA program to include a state- ual assault, and stalking. ment of policy in its annual security re- port addressing the procedures for in- stitutional disciplinary action in cases of alleged dating violence, domestic vio- lence, sexual assault, or stalking.

Intergovernmental Review Assessment of Educational Impact any other agency or authority of the In accordance with section 411 of the United States gathers or makes These programs are not subject to available. Executive Order 12372 and the General Education Provisions Act, 20 U.S.C. 1221e–4, the Secretary regulations in 34 CFR part 79. Accessible Format particularly requests comments on whether the proposed regulations would Individuals with disabilities can require transmission of information that obtain this document in an accessible

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35455

format (e.g., braille, large print, words ‘‘his or her license’’ and adding, Clery Geography: (1) For the purposes audiotape, or compact disc) on request in their place, ‘‘the counselor’s license’’; of collecting statistics on the crimes to the person listed under FOR FURTHER ■ b. Revising paragraph (b)(4); listed in paragraph (c) of this section for INFORMATION CONTACT. ■ c. In paragraph (b)(7), removing the submission to the Department and words ‘‘criminal activity in which inclusion in an institution’s annual Electronic Access to This Document students engaged at’’ and adding, in security report, Clery Geography The official version of this document their place, ‘‘criminal activity by includes— is the document published in the students at’’ and removing both (i) Buildings and property that are Federal Register. Free Internet access to occurrences of the word ‘‘off-campus’’ part of the institution’s campus; the official edition of the Federal and adding in their place ‘‘noncampus’’; (ii) The institution’s noncampus Register and the Code of Federal ■ d. Revising paragraph (b)(11); buildings and property; and Regulations is available via the Federal ■ e. In paragraph (b)(12), removing the (iii) Public property within or Digital System at: www.gpo.gov/fdsys. words ‘‘Beginning with the annual immediately adjacent to and accessible At this site you can view this document, security report distributed by October 1, from the campus. as well as all other documents of this 2003, a’’ and adding in their place the (2) For the purposes of maintaining Department published in the Federal word ‘‘A’’ and removing the words and the crime log required in paragraph (f) Register, in text or Adobe Portable punctuation ‘‘section 170101(j) of the of this section, Clery Geography Document Format (PDF). To use PDF Violent Crime Control and Law includes, in addition to the locations in you must have Adobe Acrobat Reader, Enforcement Act of 1994 (42 U.S.C. paragraph (1) of this definition, areas which is available free at the site. 14071(j)),’’ and adding in their place within the patrol jurisdiction of the You may also access documents of the ‘‘section 121 of the Adam Walsh Child campus police or the campus security Department published in the Federal Protection and Safety Act of 2006 (42 department. Register by using the article search U.S.C. 16921),’’; Dating violence: Violence committed feature at: www.federalregister.gov. ■ f. In paragraph (b)(13), removing the by a person who is or has been in a Specifically, through the advanced words ‘‘Beginning with the annual social relationship of a romantic or search feature at this site, you can limit security report distributed by October 1, intimate nature with the victim. your search to documents published by 2010, a’’ and adding in their place the (1) The existence of such a the Department. word ‘‘A’’ and removing the words ‘‘as relationship shall be determined based described in’’ and adding in their place on the reporting party’s statement and List of Subjects the words ‘‘as required by’’; with consideration of the length of the Administrative practice and ■ g. In paragraph (b)(14), removing the relationship, the type of relationship, procedure, Aliens, Colleges and words ‘‘Beginning with the annual and the frequency of interaction universities, Consumer protection, security report distributed by October 1, between the persons involved in the Grant programs—education, Loan 2010, a’’ and adding in their place the relationship. programs—education, Reporting and word ‘‘A’’ and removing the words ‘‘as (2) For the purpose of this recordkeeping requirements, Selective described in’’ and adding in their place definition— Service System, Student aid, Vocational the words ‘‘as required by’’; (i) Dating violence includes, but is not education. ■ h. Revising paragraph (c); limited to, sexual or physical abuse or ■ i. In paragraph (e)(1), adding the the threat of such abuse. Dated: June 16, 2014. words ‘‘that withholds as confidential (ii) Dating violence does not include Arne Duncan, the names and other identifying acts covered under the definition of Secretary of Education. information of victims, as defined in domestic violence. For the reasons discussed in the section 40002(a)(20) of the Violence (3) For the purposes of complying preamble, the Secretary of Education Against Women Act of 1994 (42 U.S.C with the requirements of this section proposes to amend part 668 of title 34 13925(a)(20)), and that’’ between the and section 668.41, any incident of the Code of Federal Regulations as words ‘‘and’’ and ‘‘will’’; meeting this definition is considered a follows: ■ j. In paragraph (e)(1)(i), removing the crime for the purposes of Clery Act word and number ‘‘and (3)’’; reporting. PART 668—STUDENT ASSISTANCE ■ k. In paragraph (f)(1), removing the Domestic violence: (1) A felony or GENERAL PROVISIONS words ‘‘on campus, on a noncampus misdemeanor crime of violence building or property, on public committed— ■ 1. The authority citation for part 668 property, or within the patrol (i) By a current or former spouse or continues to read as follows: jurisdiction of the campus police or the intimate partner of the victim; (ii) By a person with whom the victim Authority: 20 U.S.C. 1001, 1002, 1003, campus security department’’ and 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, adding in their place ‘‘within its Clery shares a child in common; and 1099c–1, unless otherwise noted. Geography and that’’; (iii) By a person who is cohabitating ■ l. In paragraph (h)(1)(vi), removing the with, or has cohabitated with, the victim ■ 2. Section 668.46 is amended by: words and punctuation ‘‘Advise as a spouse or intimate partner; ■ a. In paragraph (a), adding definitions students that,’’ and adding in their place (iv) By a person similarly situated to of ‘‘Clery Geography’’, ‘‘Dating ‘‘Advise students that’’; a spouse of the victim under the violence’’, ‘‘Domestic violence’’, ■ m. Adding a reserved paragraph (i); domestic or family violence laws of the ‘‘Federal Bureau of Investigation’s (FBI) and jurisdiction in which the crime of Uniform Crime Reporting (UCR) ■ n. Adding paragraphs (j) and (m). violence occurred, or program’’, ‘‘Hate crime’’, ‘‘Hierarchy The additions and revisions read as (v) By any other person against an Rule’’, ‘‘Programs to prevent dating follows: adult or youth victim who is protected violence, domestic violence, sexual from that person’s acts under the assault, and stalking’’, ‘‘Sexual assault’’, § 668.46 Institutional security policies and domestic or family violence laws of the and ‘‘Stalking’’; in the definition of crime statistics. jurisdiction in which the crime of ‘‘Professional counselor’’, removing the (a) * * * violence occurred.

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35456 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

(2) For the purposes of complying UCR program and included in inclusion in the annual disclosure of with the requirements of this section Appendix A of this subpart. crime statistics. and section 668.41, any incident Stalking: (1) Engaging in a course of * * * * * meeting this definition is considered a conduct directed at a specific person (11) A statement of policy regarding crime for the purposes of Clery Act that would cause a reasonable person the institution’s programs to prevent reporting. to— dating violence, domestic violence, Federal Bureau of Investigation’s (FBI) (i) Fear for the person’s safety or the sexual assault, and stalking and of Uniform Crime Reporting (UCR) safety of others; or procedures that the institution will program: A nationwide, cooperative (ii) Suffer substantial emotional follow when one of these crimes is statistical effort in which city, distress. reported. The statement must include— university and college, county, State, (2) For the purpose of this (i) A description of the institution’s Tribal, and federal law enforcement definition— educational programs and campaigns to agencies voluntarily report data on (i) Course of conduct means two or promote the awareness of dating crimes brought to their attention. The more acts, including, but not limited to, violence, domestic violence, sexual UCR program also serves as the basis for acts in which the stalker directly, assault, and stalking, as required by the definitions of crimes in Appendix A indirectly, or through third parties, by paragraph (j) of this section; to this subpart and the requirements for any action, method, device, or means, (ii) Procedures victims should follow classifying crimes in this subpart. follows, monitors, observes, surveils, if a crime of dating violence, domestic Hate crime: A crime reported to local threatens, or communicates to or about violence, sexual assault, or stalking has police agencies or to a campus security a person, or interferes with a person’s occurred, including written information authority that manifests evidence that property. about— the victim was intentionally selected (ii) Substantial emotional distress (A) The importance of preserving because of the perpetrator’s bias against means significant mental suffering or evidence that may assist in proving that the victim. For the purposes of this anguish that may, but does not the alleged criminal offense occurred or section, the categories of bias include necessarily, require medical or other may be helpful in obtaining a protection the victim’s actual or perceived race, professional treatment or counseling. order; religion, gender, gender identity, sexual (iii) Reasonable person means a (B) How and to whom the alleged orientation, ethnicity, national origin, reasonable person under similar offense should be reported; and disability. circumstances and with similar (C) Options about the involvement of Hierarchy Rule: A requirement in the identities to the victim. law enforcement and campus FBI’s UCR program that, for purposes of (3) For the purposes of complying authorities, including notification of the reporting crimes in that system, when with the requirements of this section victim’s option to— more than one criminal offense was and section 668.41, any incident (1) Notify proper law enforcement committed during a single incident, meeting this definition is considered a authorities, including on-campus and only the most serious offense be crime for the purposes of Clery Act local police; counted. reporting. (2) Be assisted by campus authorities in notifying law enforcement authorities * * * * * * * * * * if the victim so chooses; and Programs to prevent dating violence, (b) * * * (3) Decline to notify such authorities; domestic violence, sexual assault, and (4) A statement of current policies and stalking: (1) Comprehensive, concerning campus law enforcement (D) Where applicable, the rights of intentional, and integrated that— victims and the institution’s programming, initiatives, strategies, and (i) Addresses the enforcement responsibilities for orders of protection, campaigns intended to end dating authority and jurisdiction of security no-contact orders, restraining orders, or violence, domestic violence, sexual personnel; similar lawful orders issued by a assault, and stalking that— (ii) Addresses the working criminal, civil, or tribal court or by the (i) Are culturally relevant, inclusive of relationship of campus security institution. diverse communities and identities, personnel with State and local police (iii) Information about how the sustainable, responsive to community agencies, including— institution will protect the needs, and informed by research or (A) Whether those security personnel confidentiality of victims and other assessed for value, effectiveness, or have the authority to make arrests; and necessary parties, including how the outcome; and (B) Any agreements, such as written institution will— (ii) Consider environmental risk and memoranda of understanding between (A) Complete publicly available protective factors as they occur on the the institution and such agencies, for recordkeeping and, for purposes of individual, relationship, institutional, the investigation of alleged criminal Clery Act reporting and disclosure, community, and societal levels. offenses. without the inclusion of identifying (2) Programs to prevent dating (iii) Encourages accurate and prompt information about the victim, as defined violence, domestic violence, sexual reporting of all crimes to the campus in section 40002(a)(20) of the Violence assault, and stalking include both police and the appropriate police Against Women Act of 1994 (42 U.S.C. primary prevention and awareness agencies, when the victim of a crime 13925(a)(20)); and programs directed at incoming students elects to or is unable to make such a (B) Maintain as confidential any and new employees and ongoing report; and accommodations or protective measures prevention and awareness campaigns (iv) Describes procedures, if any, that provided to the victim, to the extent that directed at students and employees, as encourage pastoral counselors and maintaining such confidentiality would defined in paragraph (j)(2). professional counselors, if and when not impair the ability of the institution * * * * * they deem it appropriate, to inform the to provide the accommodations or Sexual assault: An offense that meets persons they are counseling of any protective measures. the definition of rape, fondling, incest, procedures to report crimes on a (iv) A statement that the institution or statutory rape as used in the FBI’s voluntary, confidential basis for will provide written notification to

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35457

students and employees about existing (B) Persons not included in paragraph (A) On campus, counseling, health, mental health, (c)(1)(ii)(A) of this section who were (B) In or on a noncampus building or victim advocacy, legal assistance, visa referred for campus disciplinary action property, or and immigration assistance, and other for liquor law violations, drug law (C) On public property. services available for victims, both violations, and illegal weapons (ii) An institution must identify, of within the institution and in the possession. the crimes that occurred on campus, the community; (iii) Hate crimes, including— number that took place in dormitories or (v) A statement that the institution (A) The number of each type of crime other residential facilities for students will provide written notification to in paragraph (c)(1)(i) of this section that on campus. victims about options for, and available are determined to be hate crimes; and (iii) When recording stalking by assistance in, changing academic, living, (B) The number of the following location, an institution must follow the transportation, and working situations. crimes that are determined to be hate requirements in paragraph (c)(6) of this The institution must make such crimes: section. accommodations if the victim requests (1) Larceny-theft. (6) Recording reports of stalking. (i) them and if they are reasonably (2) Simple assault. When recording reports of stalking that (3) Intimidation. available, regardless of whether the include activities in more than one (4) Destruction/damage/vandalism of calendar year, an institution must victim chooses to report the crime to property. campus police or local law enforcement; record a crime statistic only for the (iv) Dating violence, domestic calendar year in which the course of (vi) An explanation of the procedures violence, and stalking as defined in for institutional disciplinary action in conduct was first reported to a local paragraph (a) of this section. police agency or to a campus security cases of alleged dating violence, (2) All reported crimes must be domestic violence, sexual assault, or authority. If the course of conduct recorded. (i) An institution must continues in a subsequent year, it must stalking, as required by paragraph (k) of include in its crime statistics all crimes this section; and be recorded for that year. reported to a campus security authority (ii) An institution must record each (vii) A statement that, when a student for purposes of Clery Act reporting. or employee reports to the institution report of stalking as occurring at only Clery Act reporting does not require the first location within the institution’s that the student or employee has been initiating an investigation or disclosing a victim of dating violence, domestic Clery Geography in which: identifying information about the (A) A perpetrator engaged in the violence, sexual assault, or stalking, victim, as defined in section stalking course of conduct; or whether the offense occurred on or off 40002(a)(20) of the Violence Against (B) A victim first became aware of the campus, the institution will provide the Women Act of 1994 (42 U.S.C. stalking. student or employee a written 13925(a)(20)). (iii) A report of stalking must be explanation of the student’s or (ii) An institution may not withhold, counted as a new and distinct crime and employee’s rights and options, as or subsequently remove, a reported is not associated with a previous report described in paragraphs (b)(11)(ii) crime from its crime statistics based on of stalking when the stalking behavior through (vi) of this section. a decision by a court, coroner, jury, continues after an official intervention * * * * * prosecutor, or other similar noncampus including, but not limited to, an (c) Crime statistics—(1) Crimes that official. institutional disciplinary action or the must be reported and disclosed. An (3) Crimes must be recorded by issuance of a no-contact order, institution must report to the calendar year. (i) An institution must restraining order or any warning by the Department and disclose in its annual report and disclose a crime statistic for institution or a court. security report statistics for the three the calendar year in which the crime (7) Identification of the victim or the most recent calendar years concerning was reported to local police agencies or accused. The statistics required under the number of each of the following to a campus security authority. this paragraph (c) may not include the crimes that occurred on or within its (ii) When recording crimes of stalking identification of the victim or the person Clery Geography and that are reported by calendar year, an institution must accused of committing the crime. to local police agencies or to a campus follow the requirements in paragraph (8) Pastoral and professional security authority: (c)(6) of this section. counselor. An institution is not required (i) Primary crimes, including— (4) Hate crimes must be recorded by to report statistics under paragraph (c) (A) Criminal homicide: category of bias. For each hate crime of this section for crimes reported to a (1) Murder and nonnegligent recorded under paragraph (c)(1)(iii) of pastoral or professional counselor. manslaughter, and this section, an institution must identify (9) Using the FBI’s UCR program and (2) Negligent manslaughter. the category of bias that motivated the the Hierarchy Rule. (i) An institution (B) Sex offenses: crime. For the purposes of this must compile the crime statistics (1) Rape, paragraph, the categories of bias include required under paragraphs (c)(1)(i) and (2) Fondling, the victim’s actual or perceived— (iii) of this section using the definitions (3) Incest, and (i) Race, of crimes provided in Appendix A to (4) Statutory rape. (ii) Gender, this subpart and the Federal Bureau of (iii) Gender identity, (C) Robbery. (iv) Religion, Investigation’s UCR Hate Crime Data (D) Aggravated assault. (v) Sexual orientation, Collection Guidelines and Training (E) Burglary. (vi) Ethnicity, Guide for Hate Crime Data Collection. (F) Motor vehicle theft. (vii) National origin, and For further guidance concerning the (G) Arson. (viii) Disability. application of definitions and (ii) Arrests and disciplinary actions, (5) Crimes must be recorded by classification of crimes, an institution including— location. (i) An institution must specify must use either the UCR Reporting (A) Arrests for liquor law violations, whether each of the crimes recorded Handbook or the UCR Reporting drug law violations, and illegal weapons under paragraph (c)(1) of this section Handbook: National Incident-Based possession. occurred— Reporting System (NIBRS) EDITION,

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35458 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

except as provided in paragraph (F) The information described in information described in paragraph (c)(9)(ii) of this section. paragraphs (b)(11) and (k)(2) of this (j)(1) of this section. (ii) In counting crimes when more section; and (k) Procedures for institutional than one offense was committed during (ii) A description of the institution’s disciplinary action in cases of alleged a single incident, an institution must ongoing prevention and awareness dating violence, domestic violence, conform to the requirements of the campaigns for students and employees, sexual assault, or stalking. As required Hierarchy Rule in the UCR Reporting including information described in by paragraph (b)(11)(vi) of this section, Handbook, with one exception: In paragraph (j)(1)(i)(A) through (F) of this an institution must include in its annual counting sex offenses, the Hierarchy section. security report a clear statement of Rule does not apply. For example, if a (2) For the purposes of this policy that addresses the procedures for victim is both raped and murdered in a paragraph— institutional disciplinary action in cases single incident, then an institution must (i) Awareness programs means of alleged dating violence, domestic include both the rape and the murder in community-wide or audience-specific violence, sexual assault, or stalking and its statistics. programming, initiatives, and strategies that— that increase audience knowledge and (10) Use of a map. In complying with (1)(i) Describes each type of share information and resources to disciplinary proceeding used by the the statistical reporting requirements prevent violence, promote safety, and under this paragraph (c), an institution institution; the steps, anticipated reduce perpetration. timelines, and decision-making process may provide a map to current and (ii) Bystander intervention means safe prospective students and employees for each type of disciplinary proceeding; and positive options that may be carried and how the institution determines that depicts its campus, noncampus out by an individual or individuals to buildings or property, and public which type of proceeding to use based prevent harm or intervene when there is on the circumstances of an allegation of property areas if the map accurately a risk of dating violence, domestic depicts its campus, noncampus dating violence, domestic violence, violence, sexual assault, or stalking. sexual assault, or stalking; buildings or property, and public Bystander intervention includes property areas. (ii) Describes the standard of evidence recognizing situations of potential harm, that will be used during any (11) Statistics from police agencies. In understanding institutional structures institutional disciplinary proceeding complying with the statistical reporting and cultural conditions that facilitate arising from an allegation of dating requirements under this paragraph (c), violence, overcoming barriers to violence, domestic violence, sexual an institution must make a reasonable, intervening, identifying safe and assault, or stalking; good faith effort to obtain the required effective intervention options, and (iii) Lists all of the possible sanctions statistics and may rely on the taking action to intervene. that the institution may impose information supplied by a local or State (iii) Ongoing prevention and following the results of any institutional police agency. If the institution makes awareness campaigns means disciplinary proceeding for an allegation such a reasonable, good faith effort, it is programming, initiatives, and strategies of dating violence, domestic violence, not responsible for the failure of the that are sustained over time and focus sexual assault, or stalking; and local or State police agency to supply on increasing understanding of topics (iv) Describes the range of protective the required statistics. relevant to and skills for addressing measures that the institution may offer * * * * * dating violence, domestic violence, following an allegation of dating (i) [Reserved] sexual assault, and stalking, using a violence, domestic violence, sexual (j) Programs to prevent dating range of strategies with audiences assault, or stalking; violence, domestic violence, sexual throughout the institution and including (2) Provides that the proceedings assault, and stalking. As required by information described in paragraph will— paragraph (b)(11) of this section, an (j)(1)(i)(A) through (F) of this section. (i) Include a prompt, fair, and institution must include in its annual (iv) Primary prevention programs impartial process from the initial security report a statement of policy that means programming, initiatives, and investigation to the final result; addresses the institution’s programs to strategies informed by research or (ii) Be conducted by officials who, at prevent dating violence, domestic assessed for value, effectiveness, or a minimum, receive annual training on violence, sexual assault, and stalking. outcome that are intended to stop dating the issues related to dating violence, (1) The statement must include— violence, domestic violence, sexual domestic violence, sexual assault, and stalking and on how to conduct an (i) A description of the institution’s assault, and stalking before they occur investigation and hearing process that primary prevention and awareness through the promotion of positive and protects the safety of victims and programs for all incoming students and healthy behaviors that foster healthy, promotes accountability; new employees, which must include— mutually respectful relationships and sexuality, encourage safe bystander (iii) Provide the accuser and the (A) A statement that the institution intervention, and seek to change accused with the same opportunities to prohibits the crimes of dating violence, behavior and social norms in healthy have others present during any domestic violence, sexual assault, and and safe directions. institutional disciplinary proceeding, stalking; (v) Risk reduction means options including the opportunity to be (B) The definition of ‘‘dating designed to decrease perpetration and accompanied to any related meeting or violence,’’ ‘‘domestic violence,’’ ‘‘sexual bystander inaction, and to increase proceeding by the advisor of their assault,’’ and ‘‘stalking’’ in the empowerment for victims in order to choice; applicable jurisdiction; promote safety and to help individuals (iv) Not limit the choice of advisor or (C) The definition of ‘‘consent,’’ in and communities address conditions presence for either the accuser or the reference to sexual activity, in the that facilitate violence. accused in any meeting or institutional applicable jurisdiction; (3) An institution’s programs to disciplinary proceeding; however, the (D) A description of safe and positive prevent dating violence, domestic institution may establish restrictions options for bystander intervention; violence, sexual assault, and stalking regarding the extent to which the (E) Information on risk reduction; and must include, at a minimum, the advisor may participate in the

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules 35459

proceedings, as long as the restrictions (m) Prohibition on retaliation. An Burglary apply equally to both parties; and institution, or an officer, employee, or The unlawful entry of a structure to (v) Require simultaneous notification, agent of an institution, may not retaliate, commit a felony or a theft. For reporting in writing, to both the accuser and the intimidate, threaten, coerce, or purposes this definition includes: Unlawful accused, of— otherwise discriminate against any entry with intent to commit a larceny or (A) The result of any institutional individual for exercising their rights or felony; breaking and entering with intent to disciplinary proceeding that arises from responsibilities under any provision in commit a larceny; housebreaking; an allegation of dating violence, this section. safecracking; and all attempts to commit any of the aforementioned. domestic violence, sexual assault, or * * * * * stalking; ■ 3. Revise appendix A to subpart D to Motor Vehicle Theft (B) The institution’s procedures for read as follows: The theft or attempted theft of a motor the accused and the victim to appeal the vehicle. (Classify as motor vehicle theft all Appendix A to Subpart D of Part 668— result of the institutional disciplinary cases where automobiles are taken by proceeding, if such procedures are Crime Definitions in Accordance With persons not having lawful access even available; the Federal Bureau of Investigation’s though the vehicles are later abandoned— (C) Any change to the result; and Uniform Crime Reporting Program including joyriding.) (D) When such results become final. (3) For the purposes of this The following definitions are to be used for Weapons: Carrying, Possessing, Etc. reporting the crimes listed in § 668.46, in paragraph— accordance with the Federal Bureau of The violation of laws or ordinances (i) A prompt, fair, and impartial Investigation’s Uniform Crime Reporting prohibiting the manufacture, sale, purchase, proceeding includes a proceeding that Program. The definitions for murder; robbery; transportation, possession, concealment, or is— aggravated assault; burglary; motor vehicle use of firearms, cutting instruments, (A) Completed within reasonably theft; weapons: carrying, possessing, etc.; law explosives, incendiary devices, or other prompt timeframes designated by an violations; drug abuse violations; and liquor deadly weapons. institution’s policy, including a process law violations are from the Uniform Crime Drug Abuse Violations that allows for the extension of Reporting Handbook. The definitions of the The violation of laws prohibiting the timeframes for good cause with written sex offenses are excerpted from the National Incident-Based Reporting System Edition of production, distribution, and/or use of notice to the accuser and the accused of certain controlled substances and the the delay and the reason for the delay; the Uniform Crime Reporting Handbook. The definitions of larceny-theft (except motor equipment or devices utilized in their (B) Conducted in a manner that— vehicle theft), simple assault, intimidation, preparation and/or use. The unlawful (1) Is consistent with the institution’s and destruction/damage/vandalism of cultivation, manufacture, distribution, sale, policies and transparent to the accuser property are from the Hate Crime Data purchase, use, possession, transportation, or and accused; Collection Guidelines of the Uniform Crime importation of any controlled drug or (2) Includes timely notice of meetings Reporting Handbook. narcotic substance. Arrests for violations of at which the accuser or accused, or State and local laws, specifically those both, may be present; and Crime Definitions From the Uniform Crime relating to the unlawful possession, sale, use, (3) Provides timely access to the Reporting Handbook growing, manufacturing, and making of accuser, the accused, and appropriate Arson narcotic drugs. officials to any information that will be Any willful or malicious burning or Liquor Law Violations used after the fact-finding investigation attempt to burn, with or without intent to The violation of State or local laws or but during informal and formal defraud, a dwelling house, public building, ordinances prohibiting the manufacture, sale, disciplinary meetings and hearings; and motor vehicle or aircraft, personal property of purchase, transportation, possession, or use (C) Conducted by officials who do not another, etc. of alcoholic beverages, not including driving have a conflict of interest or bias for or Criminal Homicide—Manslaughter by under the influence and drunkenness. against the accuser or the accused. Negligence (ii) Advisor means any individual Sex Offenses Definitions From the Uniform who provides the accuser or accused The killing of another person through gross Crime Reporting Program negligence. support, guidance, or advice. Sex Offenses (iii) Proceeding means all activities Criminal Homicide—Murder and related to a non-criminal resolution of Nonnegligent Manslaughter Any sexual act directed against another person, without the consent of the victim, an institutional disciplinary complaint, The willful (nonnegligent) killing of one including instances where the victim is including, but not limited to, fact- human being by another. incapable of giving consent. finding investigations, formal or Robbery A. Rape—The penetration, no matter how informal meetings, and hearings. slight, of the vagina or anus with any body The taking or attempting to take anything (iv) Result means any initial, interim, part or object, or oral penetration by a sex and final decision by any official or of value from the care, custody, or control of a person or persons by force or threat of force organ of another person, without the consent entity authorized to resolve disciplinary or violence and/or by putting the victim in of the victim. matters within the institution. The fear. B. Fondling—The touching of the private result must include any sanctions body parts of another person for the purpose imposed by the institution. Aggravated Assault of sexual gratification, without the consent of Notwithstanding section 444 of the An unlawful attack by one person upon the victim, including instances where the General Education Provisions Act (20 another for the purpose of inflicting severe or victim is incapable of giving consent because U.S.C. 1232g), commonly referred to as aggravated bodily injury. This type of assault of his/her age or because of his/her temporary or permanent mental incapacity. the Family Educational Rights and usually is accompanied by the use of a weapon or by means likely to produce death C. Incest—Nonforcible sexual intercourse Privacy Act (FERPA), the result must or great bodily harm. (It is not necessary that between persons who are related to each also include the rationale for the result injury result from an aggravated assault when other within the degrees wherein marriage is and the sanctions. a gun, knife, or other weapon is used which prohibited by law. (l) Compliance with paragraph (k) of could and probably would result in serious D. Statutory Rape—Nonforcible sexual this section does not constitute a personal injury if the crime were successfully intercourse with a person who is under the violation of FERPA. completed.) statutory age of consent.

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 35460 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Proposed Rules

Definitions From the Hate Crime Data Simple Assault conduct, but without displaying a weapon or Collection Guidelines of the Uniform Crime An unlawful physical attack by one person subjecting the victim to actual physical Reporting Handbook upon another where neither the offender attack. displays a weapon, nor the victim suffers Larceny-Theft (Except Motor Vehicle Theft) Destruction/Damage/Vandalism of Property obvious severe or aggravated bodily injury The unlawful taking, carrying, leading, or involving apparent broken bones, loss of To willfully or maliciously destroy, riding away of property from the possession teeth, possible internal injury, severe damage, deface, or otherwise injure real or or constructive possession of another. laceration, or loss of consciousness. personal property without the consent of the Attempted larcenies are included. Intimidation owner or the person having custody or Embezzlement, confidence games, forgery, control of it. To unlawfully place another person in worthless checks, etc., are excluded. reasonable fear of bodily harm through the [FR Doc. 2014–14384 Filed 6–19–14; 8:45 am] use of threatening words and/or other BILLING CODE 4000–01–P

VerDate Mar<15>2010 20:03 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00044 Fmt 4701 Sfmt 9990 E:\FR\FM\20JNP2.SGM 20JNP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Vol. 79 Friday, No. 119 June 20, 2014

Part III

Department of Homeland Security

Transportation Security Administration 49 CFR Part 1510 Adjustment of Passenger Civil Aviation Security Service Fee; Interim Final Rule

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 35462 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

DEPARTMENT OF HOMELAND Comments Invited listed in FOR FURTHER INFORMATION SECURITY CONTACT section. TSA invites interested persons to TSA will not place comments Transportation Security Administration participate in this rulemaking by containing SSI in the public docket and submitting written comments, data, or will handle them in accordance with 49 CFR Part 1510 views. We also invite comments relating applicable safeguards and restrictions to the economic, environmental, energy, on access. TSA will hold documents or federalism impacts that might result [Docket No. TSA–2001–11120; Amendment containing SSI, confidential business No. 1510–4] from this rulemaking action. See information, or trade secrets in a ADDRESSES above for information on separate file to which the public does where to submit comments. RIN 1652–AA68 not have access, and place a note in the With each comment, please identify public docket explaining that Adjustment of Passenger Civil Aviation the docket number at the beginning of commenters have submitted such Security Service Fee your comments. TSA encourages documents. TSA may include a redacted commenters to provide their names and version of the comment in the public AGENCY: Transportation Security addresses. The most helpful comments docket. If an individual requests to Administration, DHS. reference a specific portion of the examine or copy information that is not ACTION: Interim final rule; request for rulemaking, explain the reason for any in the public docket, TSA will treat it comments. recommended change, and include as any other request under the Freedom supporting data. You may submit of Information Act (FOIA) (5 U.S.C. 552) SUMMARY: The Transportation Security comments and material electronically, and the Department of Homeland Administration (TSA) is issuing an in person, by mail, or fax as provided Security’s (DHS’) FOIA regulation found interim final rule (IFR) to implement the under ADDRESSES, but please submit in 6 CFR part 5. passenger civil aviation security service your comments and material by only Reviewing Comments in the Docket fee (security service fee) increase one means. If you submit comments by mandated by the Bipartisan Budget Act mail or delivery, submit them in an Please be aware that anyone is able to of 2013. unbound format, no larger than 8.5 by search the electronic form of all comments in any of our dockets by the DATES: Effective Date: This IFR is 11 inches, suitable for copying and effective at 12:00 a.m. (Eastern Daylight electronic filing. name of the individual who submitted Time) on July 21, 2014. If you would like TSA to acknowledge the comment (or signed the comment, if an association, business, labor union, Comment Date: Comments must be receipt of comments submitted by mail, etc., submitted the comment). You may received by August 19, 2014. include with your comments a self- addressed, stamped postcard on which review the applicable Privacy Act ADDRESSES: You may submit comments, the docket number appears. We will Statement published in the Federal identified by the TSA docket number to Register on April 11, 2000 (65 FR this rulemaking, to the Federal Docket stamp the date on the postcard and mail it to you. 19477) and modified on January 17, Management System (FDMS), a 2008 (73 FR 3316). government-wide, electronic docket TSA will file all comments to our You may review TSA’s electronic management system, using any one of docket address, as well as items sent to public docket on the Internet at http:// FOR FURTHER the following methods: the address or email under www.regulations.gov. In addition, DOT’s Electronically: You may submit INFORMATION CONTACT, in the public Docket Management Facility provides a comments through the Federal docket, except for comments containing physical facility, staff, equipment, and eRulemaking portal at http:// confidential information and sensitive assistance to the public. To obtain www.regulations.gov. Follow the online security information (SSI). Should you assistance or to review comments in instructions for submitting comments. wish your personally identifiable TSA’s public docket, you may visit this Mail, In Person, or Fax: Address, information redacted prior to filing in facility between 9:00 a.m. and 5:00 p.m., hand-deliver, or fax your written the docket, please so state. TSA will Monday through Friday, excluding legal comments to the Docket Management consider all comments that are in the holidays, or call (202) 366–9826. This Facility, U.S. Department of docket on or before the closing date for docket operations facility is located in Transportation, 1200 New Jersey comments and will consider comments the West Building Ground Floor, Room Avenue SE., West Building Ground filed late to the extent practicable. The W12–140 at 1200 New Jersey Avenue Floor, Room W12–140, Washington, DC docket is available for public inspection SE., Washington, DC 20590. 20590–0001; fax (202) 493–2251. The before and after the comment closing Department of Transportation (DOT), date. Availability of Rulemaking Document which maintains and processes TSA’s Handling of Confidential or Proprietary You may obtain an electronic copy of official regulatory dockets, will scan the Information and Sensitive Security this document using the Internet by— submission and post it to FDMS. Information (SSI) Submitted in Public (1) Searching the electronic Federal See SUPPLEMENTARY INFORMATION for Comments Docket Management System (FDMS) format and other information about Web page at http://www.regulations.gov; comment submissions. Do not submit comments that include (2) Accessing the Government trade secrets, confidential commercial Printing Office’s Web page at http:// FOR FURTHER INFORMATION CONTACT: or financial information, or SSI to the www.gpo.gov/fdsys/browse/ Michael Gambone, Office of Revenue, public regulatory docket. Please submit collection.action?collectionCode=FR to TSA–14, Transportation Security such comments separately from other view the daily published Federal Administration, 601 South 12th Street, comments on the rulemaking. Register edition; or accessing the Arlington, VA 20598–6014; telephone Comments containing this type of ‘‘Search the Federal Register by (571) 227–2323; email: tsa-fees@ information should be appropriately Citation’’ in the ‘‘Related Resources’’ dhs.gov. marked as containing such information column on the left, if you need to do a SUPPLEMENTARY INFORMATION: and submitted by mail to the address Simple or Advanced search for

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35463

information, such as a type of document As originally enacted and currently collect the fee in the course of selling air that crosses multiple agencies or dates; implemented, section 44940(c) imposes transportation to passengers, TSA or a ceiling on the amount of the fee.5 As subsequently adopted the following (3) Visiting TSA’s Security enacted by ATSA, the statute authorizes interpretation of ‘‘one-way trip.’’ Regulations Web page at http:// TSA to impose a fee of up to $2.50 per One-way trip means continuous travel from www.tsa.gov and accessing the link for enplanement, as long as the total fee per a point to another point during which a ‘‘Stakeholders’’ at the top of the page, one-way trip does not exceed $5.00. To stopover does not occur. A ‘‘stopover’’ is a then the link ‘‘Research Center’’ in the the extent the security service fee break in travel of more than 4 hours between left column. imposed on passengers is insufficient to two domestic flights or 12 hours between a In addition, copies are available by cover TSA’s cost for providing civil domestic flight and an international flight or writing or calling the individual in the aviation security services, section 44940 two international flights.’’ 11 FOR FURTHER INFORMATION CONTACT as enacted by ATSA also authorized Since 2002, TSA has interpreted its fee section. Make sure to identify the docket TSA to impose an additional fee on air authorities and regulations consistent number of this rulemaking. carriers and foreign air carriers, known with these definitions. as the Aviation Security Infrastructure Small Entity Inquiries As noted above, under ATSA, the Fee (ASIF), which was subsequently revenue collected as a result of the fees The Small Business Regulatory capped at a per-industry aggregate limit authorized in 44940(a) is deposited in Enforcement Fairness Act of 1996 of $420 million per year.6 the general fund of the Treasury as a (SBREFA) requires TSA to comply with TSA’s Implementing Regulations. partial offset for TSA’s appropriations small entity requests for information TSA implemented the passenger fee dedicated to providing civil aviation and advice about compliance with authority through an IFR published in security services. As TSA explains statutes and regulations within TSA’s December 2001 (2001 IFR),7 codified at further below, the revenue from the fees jurisdiction. Any small entity that has a 49 CFR part 1510.8 Under TSA’s current has never neared the full appropriation question regarding this document may regulations, the security service fee is to TSA for these costs. TSA anticipates contact the person listed in FOR FURTHER $2.50 per passenger enplanement and that this will continue to be the case INFORMATION CONTACT. Persons can imposed only on passengers of direct air under the restructured fee discussed obtain further information regarding carriers and foreign air carriers below. SBREFA on the Small Business described in Sec. 1510.9(a). Passengers Restructuring the Security Service Administration’s Web page at http:// may not be charged for more than two Fee. The Bipartisan Budget Act of 2013 _ www.sba.gov/advo/laws/law lib.html. enplanements per one-way trip or four (Budget Act), signed into law on enplanements per round trip.9 12 Background December 26, 2013, made significant Section 1510.3 defines ‘‘passenger amendments to sec. 44940, including This IFR implements amendments to enplanement’’ as a person boarding in eliminating the ASIF (the separate fee 49 U.S.C. 44940, which authorizes TSA the United States in scheduled or on air carriers),13 restructuring the to impose fees to defray the nonscheduled service on aircraft in security service fee imposed on government’s costs for providing civil intrastate, interstate, or foreign air passengers by amending sec. 44940(c),14 aviation security services, such as those transportation; a ‘‘one-way trip’’ as any and stipulating specific amounts of the related to screening personnel, trip that is not a round trip; and ‘‘round revenue collected from passengers to be screening equipment, and other trip’’ as a trip on an air travel itinerary credited as offsetting receipts and specified security services.1 10 that terminates at the origin point. deposited in the general fund of the The Aviation and Transportation At the request of the commercial Treasury.15 There are no changes to Security Act. Section 44940 of title 49 aviation industry, which is required to TSA’s authorities in section 44940(a) U.S.C. was originally enacted in 2001 as regarding imposition of this security part of the Aviation and Transportation and ‘‘Air carrier fees’’ (sec. 44940(a)(2)). Regulations service fee.16 While TSA describes each Security Act (ATSA).2 Under the implementing the passenger fees, 49 CFR part 1510, of these changes further in this authorizing language of section refer to the ‘‘September 11th Security Fee’’ and ‘‘security service fees.’’ The air carrier fees are preamble, this IFR solely addresses the 44940(a), the security service fee applies referred to in applicable regulations, 49 CFR part amendments to sec. 44940(c) related to to passengers of air carriers and foreign 1511, as the ‘‘Aviation Security Infrastructure Fee’’ restructuring the security service fee.17 air carriers, traveling in air (ASIF). The Budget Act repeals the air carrier fees 3 provision effective October 1, 2014. Any transportation or intrastate air adjustments to TSA’s regulations related to the 11 See Letter from Air Transport Association to transportation originating at airports in ASIF will be addressed in a separate rulemaking. Docket TSA–2001–11120 (dated March 1, 2002) the United States.4 5 49 U.S.C. 44940(c). (ATA 2002 Letter). See also U.S. DHS/TSA Letter 6 See 49 U.S.C. 44940(a)(2). The determination of re: Rule-Fees-ATA Docket Response and 1 See 49 U.S.C. 44940(a)(1) (enumerating specific the aggregate cap for the ASIF was upheld by the Clarification Letter TSA 06–11–07 (dated October aviation security services intended to be funded at courts in Southwest Airlines co. v. Transportation 24, 2006) (TSA 2006 Letter), confirming use of these least in part by the fee referenced herein). Security Administration, 650 F.3d 752 (D.C. Cir. definitions. Both documents are available at www.regulations.gov, the former under Docket No. 2 Pub. L. 107–71 (115 Stat. 597; Nov. 19, 2001) 2011). A copy of the opinion is available at http:// TSA–2001–11120–0032 and the later as TSA–2001– (codified in relevant portions at 49 U.S.C. 44940). www.tsa.gov/stakeholders/aviation-security- 11120–0075. See also 49 U.S.C. 114(a). TSA was initially infrastructure-fee-air-carrier-fee. 12 established within the Department of 7 Any reference to ‘‘current regulation(s)’’ in this Public Law 113–67 (127 Stat. 1165; Dec. 26, Transportation. The agency was subsequently preamble is a reference to current 49 CFR part 2013). transferred to the Department of Homeland 1510—i.e., the rule as originally published in 2001. 13 See id. at sec. 601(a). Security. Homeland Security Act of 2002, Pub. L. As noted above, this IFR, which amends current 14 See id. at sec. 601(b). 107–296 (116 Stat. 2135; Nov. 25, 202), sec. 403(2), regulations, will take effect 30 days after its 15 See id. at sec. 601(c). 6 U.S.C. 203(2). publication. 16 See 49 U.S.C. 44940(a). 3 Consistent with 49 U.S.C. 40102(a)(5), ‘‘air 8 66 FR 67698 (Dec. 31, 2001) (codified at 49 CFR 17 TSA addresses fiscal implications of transportation’’ means ‘‘foreign air transportation, part 1510). This rulemaking does not finalize the eliminating the fee on air carriers in the economic intrastate air transportation, or the transportation of 2001 IFR. Comments received on the 2001 IFR will analysis. Due to the different effective dates, TSA mail by aircraft.’’ be addressed in a separate rulemaking, as they will address elimination of the fee imposed on air 4 49 U.S.C. 44940(a). ATSA included two fees to pertain to areas not amended by this IFR. carriers and foreign air carriers (known as the defray TSA’s costs for providing civil aviation 9 See 49 CFR 1510.5(a). Aviation Security Infrastructure Fee (ASIF) and security services: ‘‘Passenger fees’’ (sec. 44940(a)(1)) 10 See 49 CFR 1510.3. Continued

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 35464 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

The ‘‘fee increase’’ appears at section increase and policy decisions regarding address the comments received on this 601(b) of the Budget Act under the how it is used are congressional IFR in a final rule. heading ‘‘Restructuring of Passenger determinations beyond the scope of this Summary of the Interim Final Rule Fee.’’ The Budget Act amends 44940(c) rulemaking, the fiscal impact of the as follows: Budget Act’s amendments to section TSA is required by 49 U.S.C. • Before the Budget Act, the statute 44940 is addressed in the Regulatory 44940(c), as amended, to increase the mandated that the fee ‘‘may not exceed Impact Analysis, below. security service fee to $5.60 per one-way $2.50 per enplanement in air trip. This rulemaking amends current 49 Good Cause for Adoption Without Prior CFR part 1510 to implement the transportation or intrastate air Notice and Comment transportation that originates at an mandated security service fee airport in the United States, except that TSA is taking this action without increase.23 the total amount of such fees may not providing prior public notice and Definitions (§ 1510.3). As exceed $5.00 per one-way trip.’’ comment. Section 601(d) of the Budget amendments to section 44940 revise the • Following the Budget Act, the Act provides for implementation of the structure for the imposition of the fee to statute mandates the fee ‘‘shall be $5.60 fee increase by July 1, 2014, through base it on one-way trips rather than per one-way trip in air transportation or publication of notice of the fee in the enplanements, the definition of intrastate air transportation that Federal Register, ‘‘notwithstanding [31 ‘‘passenger enplanement’’ is being originates at an airport in the United U.S.C. 9701] and the procedural removed as it is no longer relevant to States.’’ requirements of [5 U.S.C. 553].’’ 20 Thus, imposition of the fee. As noted above, the Budget Act the user fee requirements of 31 U.S.C. As previously discussed, in 2002, simplifies the structure by (1) requiring 9701 and the procedural rulemaking representatives of the U.S. aviation that the fee be imposed on a one-way requirements of 5 U.S.C. 553 do not industry asked TSA to implement the trip basis rather than a per-enplanement apply to this action.21 In order to afford passenger fee provisions of the 2001 IFR basis and (2) eliminating language that industry the opportunity to make the using a definition of one-way trip that provided a cap on the amount of the fee necessary changes to reservations was more consistent with how the term as it relates to one-way trips. Where the systems as necessary to collect the was understood within the industry. original amount of the fee was restructured fee, this IFR will take effect The industry proposed that one-way trip should mean continuous travel from a calculated in terms of the number of at 12:00 a.m. (Eastern Daylight Time) on point to another point during which a enplanements in air transportation or July 21, 2014. The current regulations stopover does not occur, and that intrastate air transportation originating remain in effect until the effective date ‘‘stopover’’ should mean a break in at airports in the United States, under for this IFR. travel of more than 4 hours between two the Budget Act amendments, the Apart from the statutory exemption domestic flights or 12 hours between a restructured fee is based on each one- discussed above, in light of the deadline domestic flight and an international way trip. The Budget Act stipulates a and potential budgetary impacts, it flight or two international flights.24 The July 1, 2014 effective date.18 would be impracticable and contrary to industry stated that these definitions The statute is very specific about the the public interest to provide for notice were consistent with common usage use of the revenue generated. Since its and comment before issuing this IFR. within the industry and already initial enactment in 2001, 49 U.S.C. Section 553(b) of the Administrative 22 incorporated into computer and ticket 44940 has required that the revenue Procedure Act (APA) authorizes sales systems. from the security service fee is to be a agencies to issue final rules without affording the public a prior opportunity TSA accepted this proposal and has partial offset for the portion of TSA’s used these definitions for purposes of appropriation dedicated to providing to comment if it is ‘‘impracticable, unnecessary, or contrary to the public imposing the fee since 2002. For civil aviation security services of the example, in 2006, TSA posted type identified in section 44940(a)(1). interest.’’ While the statute exempts TSA from additional guidance to the docket for The Budget Act amended section 44940 this rulemaking, reiterating treatment of to require that a portion of the fee notice and comment requirements, TSA has chosen to issue this rulemaking as multiple one-way and round trips, non- revenue, $12.63 billion generated over revenue to revenue air transportation, 10 years, is deposited in the general an IFR to provide an opportunity for comments before the rule is finalized. and involuntary re-routes, as well as use fund as offsetting receipts for the of the definitions of ‘‘one-way trip’’ and Federal budget.19 As previously noted, The amendments to 49 CFR part 1510 under this IFR take effect at 12:00 a.m. ‘‘stopover’’ proposed by the industry in the amount of revenue from the March 2002.25 This IFR amends passenger fee used to offset TSA’s (Eastern Daylight Time) on July 21, 2014. TSA will accept comments on this § 1510.3 to incorporate these appropriation for providing civil definitions, with modifications, as aviation security services is significantly rule until August 19, 2014. See DATES and SUPPLEMENTARY INFORMATION for described below. less than the appropriated amount. TSA is continuing to use the Thus, of the total revenue collected, the guidance on the schedule and method for submitting comments. TSA will definition of ‘‘one-way trip’’ proposed law requires (1) stipulated amounts to by industry, with one minor change. be deposited in the general fund of the 20 Sec. 601(d) of the Budget Act states: (d) One-way trip means continuous air Treasury and (2) the remainder to be Imposition of Fee Increase.—The Secretary of deposited in the general fund as a Homeland Security shall implement the fee 23 Individuals with questions regarding aspects of partial offset for the appropriation to increase authorized by the amendment made by 49 CFR part 1510 not affected by this rulemaking TSA for providing civil aviation security subsection (b)—(1) beginning on July 1, 2014; and should refer to the 2001 IFR, as well as information (2) through the publication of notice of such fee in in the docket that provides further clarity to services. While the amount of the fee the Federal Register, notwithstanding section 9701 implementation of the 2001 IFR. Links for this of title 31, United States Code, and the procedural information are available on TSA’s Web site at implemented through 49 CFR part 1511) in a requirements of section 553 of title 5, United States http://www.tsa.gov/stakeholders/september-11- separate rulemaking. Code. security-fee-passenger-fee. Note that the comment 18 See Public Law 113–67, sec. 601(d). 21 Id. See also 49 U.S.C. 44940(d)(1) for the same period for the 2001 IFR has closed. 19 See sec. 601(c) of the Budget Act, codified at exemptions in ATSA. 24 See ATA 2002 Letter. 49 U.S.C. 44940(i). 22 5 U.S.C. 551 et seq. 25 See TSA 2006 Letter.

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35465

transportation, during which a stopover Chicago to New York service fee of $5.60 will be imposed for does not occur; there may be multiple If a stopover was still defined as a four a single one-way trip. one-way trips on the same air travel hour break in travel for this itinerary As with the current regulations, itinerary. This change is necessary to under the restructured fee, a charge of imposition of the fee is applicable to air 28 make the terminology consistent with $22.40 would apply (4 one-way trips × transportation originating at an the rest of the regulation. $5.60). airport in the United States, regardless TSA is continuing to employ the TSA took several factors into of where the passenger began his or her framework for the definition of consideration in determining to apply a travel. For example, under the current ‘‘stopover’’ proposed by the industry, 12-hour break for non-continental regulations, a fee of $5.00 is imposed for with modifications necessary to provide interstate and non-continental intrastate an Atlanta-New York-Chicago itinerary a distinction between continental and air transportation. Non-continental air (two enplanements both departing from non-continental air transportation. transportation is more similar to foreign airports in the United States with no Consistent with the definition provided air transportation, often involving long stopovers greater than 4 hours). A fee of by industry, a break in travel of more breaks in connecting air transportation. $2.50 is imposed for a Paris-New York- than four hours will be required before In addition, including the 12-hour break Chicago itinerary (one enplanement in a stopover would occur (thus triggering in travel for non-continental intrastate air transportation originating in the a new one-way trip) for continental air transportation recognizes the unique United States). Consistent with the interstate or intrastate air transportation. geographic situations that often make air Budget Act’s restructuring of the fee, a A break in travel of more than 12 hours transportation the only practical method fee of $5.60 will be imposed for both will be required before a stopover would of travel. TSA also notes that there are itineraries as they both have air occur (thus triggering a new one-way other provisions of law that distinguish transportation originating at an airport trip) for foreign air transportation. For between air transportation based on in the United States. There is no indication that Congress purposes of this IFR, the continental locations, such as federal excise taxes intended to create any disparity United States includes the 48 for air transportation 27 and the between treatment of itineraries like contiguous States and the District of passenger facility charge imposed under these when it restructured the fee Columbia. This term excludes the non- 49 U.S.C. 40117. To implement these limitation. To the extent any underlying contiguous States (Hawaii and Alaska), modifications, TSA is also amending ambiguity exists in the limitation territories, and possessions of the and adding definitions to distinguish provision, it is clarified in the context United States. between continental and non- of TSA’s authority under 49 U.S.C. In addition, a break in travel of more continental air transportation. TSA 44940(a)(1), which mandates TSA to than 12 hours will be required before a requests comment on the stopover would occur (thus triggering a appropriateness of this change. TSA impose a fee for passengers ‘‘in air new one-way trip) for non-continental also requests comment on whether transportation and intrastate air interstate or intrastate air transportation. similar modifications to the stopover transportation originating at airports in Non-continental United States is not definition—such as a 12-hour break in the United States’’ with no distinction defined in the regulation because it travel—might be necessary or between segments and trips. Therefore, logically includes those parts of the appropriate in light of considerations if there is covered air transportation at United States not considered regarding other categories of air any point in the trip (in other words, ‘‘continental.’’ 26 For example, currently transportation, such as air any portion of the itinerary includes air a fee of $10.00 (4 one-way trips, with 1 transportation involving airports located transportation originating at an airport chargeable enplanement per trip × in rural communities (or certain types of in the United States), TSA has authority $2.50) would apply to the following rural communities). to impose the fee and has done so itinerary: Finally, TSA is removing the consistently since the current regulations took effect in 2002. This Juneau to Anchorage (10 hour break in travel definition of ‘‘round trip’’ as it is no longer relevant to either the definition better aligns the imposition of the fee = stopover) with those who benefit from the security Anchorage to Seattle (10 hour break in travel of ‘‘one-way trip’’ or imposition of the = stopover) fee, as discussed below. The definition services provided for air transportation. Seattle to Chicago (10 hour break in travel = of ‘‘origin point’’ is being removed as it Finally, TSA is removing language stopover) is only relevant to the deleted definition that effectively applied a cap to the Chicago to New York of ‘‘round trip.’’ amount of the fee that could be imposed Imposition of security service fees per ‘‘round trip.’’ Under current Under the definition of ‘‘stopover’’ in § 1510.5(a), passengers may not be this IFR, a fee of $11.20 would apply for (§ 1510.5). This section is amended to include the new security service fee and charged for more than two the same itinerary because the itinerary enplanements per one-way trip or four would only involve two one-way trips: remove references to enplanements, as required under section 601 of the enplanements per round trip. This Juneau to Anchorage (10 hour break in travel Budget Act. For example, if a passenger provision effectively created a $10 cap ≠ stopover) on round-trip travel—in other words, it Anchorage to Seattle (10 hour break in travel purchases air transportation that ≠ includes changing planes three times set a $10 cap on any itinerary that ended stopover) at its origin point, even if the itinerary Seattle to Chicago (10 hour break in travel = (but none of the breaks in travel are stopover) greater than four hours), a security included more than four $2.50 enplanements with lengthy stopovers. 26 TSA regulations define the United States in a 27 See, e.g., ATA 2002 Letter (citing 26 U.S.C. Thus, for instance, if a passenger geographical sense, [to mean] the States of the 4262(c)(3) to support a definition of stopover that purchased a round trip for an itinerary United States, the District of Columbia, and applies a 12-hour break in travel for air involving ten enplanements, each territories and possessions of the United States, transportation between an international location separated by a three-day stopover, but including the territorial sea and the overlying and a U.S. location or two international locations); airspace. See 49 CFR 1500.3. Therefore, non- IRS Publication 510, Excise Taxes (describing how ultimately ending at the origin point, a continental includes the states of Alaska and the tax treatment of domestic flight segments Hawaii as well as the territories and possessions of beginning or ending in Alaska or Hawaii differs 28 ‘‘Air transportation’’ is currently defined in 49 the United States. from the tax treatment of other flights). CFR 1510.3.

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 35466 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

$10 fee would be imposed because the that the fee ‘‘may not exceed $2.50 per IFR does not include a limit on the regulation caps a round trip at 4 enplanement in air transportation or number of one-way trips that can be enplanements. At the same time, a intrastate air transportation that charged per itinerary. TSA notes that by different passenger travelling on the originates at an airport in the United eliminating the round-trip cap, the same exact flights (same days, same States, except that the total amount of restructured fee mitigates the likelihood planes, same stopovers and such fees may not exceed $5.00 per one- of disparate treatment for substantially destinations) who does not purchase the way trip.’’ This language provided TSA similar travel—some booked as round travel as a single round trip itinerary with clear discretion to limit the amount trips on one itinerary, and some not. could potentially be charged up to of fee charged per enplanement and, TSA seeks comment on removal of the $25.00 ($2.50 × 10 enplanements). Thus, therefore, to provide a cap on the round-trip cap, and specifically on as a result of the distinction between amount charged per round trip. whether TSA should consider round-trip and other itineraries, Amending section 44940(c) by reinstating a cap, and if so, what the cap similarly situated passengers could be mandating a fee of $5.60 per one-way should be in light of the statute’s charged different fees.29 TSA received trip, as well as eliminating the cap mandate that the fee be uniform (under comments on the 2001 IFR questioning language that was in the statute as 44940(a)). TSA also seeks comment on the round trip cap on the basis that it enacted in 2001, is consistent with the the definition of ‘‘one-way trip’’ and, in was not specifically stipulated in the authorizing language of section 44940(a) the Alternatives Discussion section statute and had the effect of decreasing and the requirement to impose a revenue.30 ‘‘uniform fee.’’ below, on the definition of ‘‘stopover.’’ As enacted by ATSA in 2001, section Accordingly, in the absence of Table 1 provides examples of the 44940(a) required imposition of a statutory language authorizing such a impact of the Budget Act’s restructuring ‘‘uniform fee’’ on passengers, but cap, and in light of the fact that a round- of the fee and removal of the round trip specifically imposed a one-way cap on trip cap under the revised fee structure cap. They are ordered according to the the fee amount in 44940(c). As would have the effect of the fee being far approximate likelihood (from the type discussed above, prior to the Budget Act less for some passengers than the of itinerary most frequently purchased amendments, section 44940(c) provided mandatory $5.60 per one-way trip, this to those most infrequently purchased).

TABLE 1—COMPARISON OF CURRENT FEE IMPOSITION AND FEE IMPOSITION FOLLOWING BUDGET ACT AMENDMENTS

TSA’s interpretation Itinerary examples Current regulation structure of Budget Act fee restructure

Washington Dulles to Chicago (stopover), Chicago to $5.00; 1 round trip with 2 chargeable enplanements ...... $11.20; 2 one-way trips. Washington Dulles. Washington Dulles to Chicago, Chicago to Los Angeles $10.00; 1 round trip with 4 chargeable enplanements .... $11.20; 2 one-way trips. (stopover), Los Angeles to Chicago, Chicago to Wash- ington Dulles. Washington Dulles to Chicago, Chicago to Los Angeles, $10.00; 1 round trip with 4 chargeable enplanements .... $11.20; 2 one-way trips. Los Angeles to Seattle (stopover), Seattle to Los An- geles, Los Angeles to Chicago, Chicago to Wash- ington Dulles. Washington Dulles to Chicago ...... $2.50; 1 one-way trip with 1 chargeable enplanement .... $5.60; 1 one-way trip. Washington Dulles to Chicago, Chicago to Los Angeles, $7.50; 2 one-way trips with 3 chargeable enplanements $11.20; 2 one-way trips. Los Angeles to Seattle (stopover), Seattle to Los An- geles. Paris to New York, New York to Chicago ...... $2.50; 1 one-way trip with 1 chargeable enplanement .... $5.60; 1 one-way trip. Chicago to New York (stopover), New York to Frankfurt $7.50; 3 one-way trips with 3 chargeable enplanements $16.80; 3 one-way trips. (stopover), Frankfurt to Chicago, Chicago to Min- neapolis. Newark to Chicago (stopover), Chicago to Denver (stop- $12.50; 5 one-way trips with 5 chargeable $28.00; 5 one-way trips. over), Denver to Las Vegas (stopover), Las Vegas to enplanements. Chicago (stopover), Chicago to San Francisco. Newark to Chicago (stopover), Chicago to Denver (stop- $10.00; 1 round trip with 4 chargeable enplanements .... $28.00; 5 one-way trips. over), Denver to Las Vegas (stopover), Las Vegas to Chicago (stopover), Chicago to Newark. Orlando to Pittsburgh (stopover), Pittsburgh to Orlando $15.00; 3 round trips with 6 chargeable enplanements ... $33.60; 6 one-way trips. (stopover), Orlando to Pittsburgh (stopover), Pittsburgh to Orlando (stopover), Orlando to Pittsburgh (stop- over), Pittsburgh to Orlando.

Collection of security service fees foreign air carriers that are required to conforming changes regarding (§ 1510.9). TSA is amending § 1510.9(a) impose the fee in order to remove departures from airports in the United regarding the direct air carriers and references to enplanements and make States. In addition, § 1510.9(b) is

29 In other words, under the current regulations, A would owe $10, and Passenger B would owe five-stopover round trip itinerary but Passenger D if Passenger A were to book such an itinerary $25.00. Similarly, Passengers C and D could both purchases the same air transportation in separate beginning and ending at New York’s John F. fly on the same days, flights, stopovers, and transactions, creating multiple itineraries). Kennedy International Airport (JFK), and Passenger destinations, but pay different fees based on how 30 See, e.g., ATA 2002 Letter. B were to book the same exact itinerary, except that the air transportation was purchased (for example, Passenger B planned to return to Boston, Passenger Passenger C purchases air transportation as a single

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35467

amended to reflect the effective date of fee applies to passengers of direct air respond to such comments as the revised fee, 12:00 a.m. (Eastern carriers and foreign air carriers on appropriate. Daylight Time) on July 21, 2014. In scheduled passenger or public charter The current PRA approval covers the general, sales of air transportation and passenger operation with an aircraft requirements for air carriers to submit changes to itineraries as a result of the having passenger seating configuration quarterly reports to TSA which provide Budget Act’s fee increase are to be of more than 60 seats or a scheduled an accounting of the fees imposed, treated consistent with current practice. passenger or public charter passenger collected, refunded to passengers, and For example, the revised fee amount operation with an aircraft having a remitted to TSA, and to retain the applies at the time air transportation is passenger seating configuration of less source information. TSA notes that this sold, not when the flight may occur. Air than 61 seats when passengers are IFR does not modify these requirements, transportation purchased before July 21, enplaned from or deplaned into a sterile which continue to be in force. 2014, but utilized after, is not subject to area. As a result of this provision, the As provided by the PRA, as amended, the adjusted fee. In other words, if a fee is not imposed on passengers an agency may not conduct or sponsor, passenger purchases a ticket on June travelling on smaller aircraft providing and a person is not required to respond 15th for travel on September 7th, the air transportation directly to or from to, a collection of information unless it revised fee would not apply even rural communities (frequently served by displays a currently valid OMB control though the travel is to occur after the fee non-Federalized airports). TSA requests number. increase takes effect. comment regarding this aspect of air Also consistent with current practice, transportation directly to or from a rural Regulatory Impact Analysis if a passenger’s scheduled itinerary at community. Executive Orders 12866 (‘‘Regulatory the time the air transportation is sold Paperwork Reduction Act Planning and Review’’) and 13563 includes a stopover, a separate fee will (‘‘Improving Regulation and Regulatory The Paperwork Reduction Act of 1995 be imposed for travel beyond that point Review’’) direct agencies to assess the (PRA) (44 U.S.C. 3501, et seq.) requires as each stopover triggers a separate one- costs and benefits of available regulatory that a Federal agency consider the way trip. Under current § 1510.9, if the alternatives and, if regulation is impact of paperwork and other passenger changes the itinerary to alter necessary, to select regulatory information collection burdens imposed the number of one-way trips, additional on the public and, under the provisions approaches that maximize net benefits collection of fee or a refund of the of PRA section 3507(d), obtain approval (including potential economic, security service fee is required, as from the Office of Management and environmental, public health and safety appropriate. The imposition of the fee is Budget (OMB) for each collection of effects, distributive impacts, and based on the itinerary at the time the information it conducts, sponsors, or equity). Executive Order 13563 transportation is sold. requires through regulations. emphasizes the importance of Involuntary changes to the itinerary Information collection requirements quantifying both costs and benefits, of have no impact on the fee. For example, associated with the security service fee reducing costs, of harmonizing rules, if two fees are imposed for an itinerary requirements of 49 CFR part 1510 have and of promoting flexibility. because of a stopover greater than four been approved by the OMB through This rulemaking is an ‘‘economically hours, but the plane departs earlier than August 31, 2015, under the PRA significant regulatory action,’’ under scheduled and the break in travel provisions, and assigned OMB Control section 3(f)(1) of Executive Order 12866. becomes less than four hours, that is a Number 1652–0001. TSA has made As further required by this Executive change beyond the passenger’s control available in the docket for this Order, OMB has reviewed this IFR and and occurs after the air transportation is rulemaking, technical changes to its TSA has prepared an analysis of its purchased. Therefore, no refund is to be PRA documents as necessary based on estimated costs and benefits, presented provided. Similarly, if the passenger’s the Budget Act’s restructuring of the fee. in the following paragraphs. Table 2 itinerary has no breaks in travel greater The primary change is to eliminate presents the OMB Circular A–4 than four hours, but due to weather or outdated references to a per- Accounting Statement for this rule. mechanical issues, the break is extended enplanement fee. The changes will be This IFR implements an increase in beyond the four hour point, it would be effective beginning August 1, 2014. TSA the security service fee mandated by the inappropriate for the direct air carrier or welcomes comments on these changes Budget Act. As previously discussed, foreign air carrier to collect an and any other changes the public under this IFR direct air carriers and additional fee for that itinerary. considers relevant to TSA’s foreign air carriers will be required to Finally, TSA notes that, under 49 CFR implementation of the Budget Act’s impose a security service fee of $5.60 1510.9, the requirement to collect the amendments. TSA will consider and per one-way trip.

TABLE 2—OMB A–4 ACCOUNTING STATEMENT [Fiscal year 2014, quarter 4—fiscal year 2023]

Category Estimate

Benefits

Annualized monetized benefits. Annualized quantified, but unmonetized, benefits. Qualitative (un-quantified) benefits ...... Allow TSA to continue providing security functions made possible by the collec- tion of fees.

Costs

Annualized monetized costs. Annualized quantified, but unmonetized, costs

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 35468 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

TABLE 2—OMB A–4 ACCOUNTING STATEMENT—Continued [Fiscal year 2014, quarter 4—fiscal year 2023]

Category Estimate

Qualitative (un-quantified) costs ...... Direct air carriers and foreign air carriers are expected to incur costs to update their computer and ticket sales systems to reflect the new fee structure.

Transfers

Annualized monetized transfers * ...... $1,630,931,041 ...... 7% $1,665,414,731 ...... 3%

From whom to whom? ...... From air passengers to the Government. * Note: Discount rate appears to the right of the estimates.

As discussed in the Background In Fiscal Year 2013 (FY 13), 173 direct travel of more than 12 hours to trigger section of this preamble, under current air carriers and foreign air carriers a new one-way trip. TSA is not aware regulations, the amount of the security remitted the security service fee. In of a data source that would provide the service fee is set at $2.50 per order to assess the change in the fee information necessary for this analysis enplanement 31 with a cap of $5.00 per amounts required by the Budget Act, to be sensitive to different stopover one-way trip and $10.00 per round trip. TSA estimated collections under both lengths for air transportation based on The Budget Act’s amendments to 49 fee structures and projected the number the itinerary. TSA sought this data on an U.S.C. 44940(c) eliminate fee differences of one-way trips for ten years (FY 14 expedited basis, but did not identify based on the number of enplanements, through FY 23). As the Budget Act such a source. As such, for purposes of changing the fee from $2.50 per requires the new fee structure to be this analysis, TSA considers a break in enplanement to $5.60 per one-way trip, implemented starting with the fourth travel greater than four hours to trigger regardless of the number of quarter (Q4) of FY 14, our analysis enplanements. considers the impacts of this IFR a new one-way trip, regardless of One-way trips have been consistently starting at FY 14 (Q4). TSA uses whether continental or non-continental defined by TSA as any continuous historical data on fees collected to air transportation. As a result, our travel during which a stopover does not estimate the number of chargeable estimates of transfer payments from occur (for further discussion on one-way enplanements for FY 14 (Q4) through passengers to the government might be trips and stopovers please see the FY 23.32 TSA then converts the number somewhat overstated. These numbers section on Definitions (§ 1510.3), in this of chargeable enplanements into one- were used to analyze the change in total preamble). Thus, if an itinerary has a way trips using Bureau of security service fee revenues from FY 14 one-way trip with only one Transportation Statistics (BTS) data.33 (Q4) through FY 23.34 Under the current enplanement, under the current TSA analyzed the number of fees structure, the security service fee regulations, a security service fee of collected based on enplanements under collection would be approximately $2.50 is imposed. In addition, if an the current system and the number of $19.58 billion (undiscounted) from FY itinerary has a one-way trip with two or fees collected based on one-way trips 14 (Q4) through FY 23. Table 3 shows more enplanements, under the current under the new system. Under the the total in fee revenue based on the regulations, a security service fee of definition of a stopover in this IFR, non- current fee structure. $5.00 is imposed, regardless of the continental interstate or intrastate air number of enplanements. transportation would require a break in

TABLE 3—ESTIMATED SECURITY SERVICE FEE REVENUE UNDER CURRENT STRUCTURE [Before Budget Act—based on enplanements]

One-way trips with Fiscal Year One-way trips with multiple Total fees Total fees Total fees one enplanement enplanements (discounted at 3%) (discounted at 7%)

(a) (b) (c) = (a) × $2.50 + (b) × $5.00

FY14 Q4 ...... 135,398,036 34,257,334 $509,781,761 $494,933,748 $476,431,552 FY15 ...... 519,195,475 131,362,711 1,954,802,240 1,842,588,595 1,707,399,983 FY16 ...... 529,579,384 133,989,965 1,993,898,285 1,824,699,385 1,627,614,937 FY17 ...... 540,170,972 136,669,764 2,033,776,251 1,806,983,857 1,551,558,164 FY18 ...... 550,974,392 139,403,159 2,074,451,776 1,789,440,324 1,479,055,446 FY19 ...... 561,993,879 142,191,223 2,115,940,811 1,772,067,117 1,409,940,706

31 As noted earlier, ‘‘passenger enplanement’’ is BTS data shows that 66.4 percent of one-way trips the current fee structure for trips with one defined in 49 CFR 1510.3. have travel of one segment followed by a break in enplanement and for those with multiple 32 Based on actual collections, TSA assumes a 2 travel and 33.6 percent of one-way trips have travel enplanements. of at least two segments followed by a break in percent increase in enplanements each year from 34 The Budget Act specifies the amount of funds travel. TSA used these percentages to determine the 2013–2023 to account for projected changes in the expected number of one-way trips by multiplying to be collected for the general fund for the next 10 market. the number of chargeable enplanements by the years. As such, we assess the impacts of this rule 33 TSA uses the DB1B Market Survey showing the above percentages and then dividing the result by based on a period of analysis from FY 14 (Q4) Number of Passengers by MktCoupons for 2012. the number of fees that would be imposed under through FY 23.

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35469

TABLE 3—ESTIMATED SECURITY SERVICE FEE REVENUE UNDER CURRENT STRUCTURE—Continued [Before Budget Act—based on enplanements]

One-way trips with Fiscal Year One-way trips with multiple Total fees Total fees Total fees one enplanement enplanements (discounted at 3%) (discounted at 7%)

(a) (b) (c) = (a) × $2.50 + (b) × $5.00

FY20 ...... 573,233,757 145,035,047 2,158,259,627 1,754,862,582 1,344,055,626 FY21 ...... 584,698,432 147,935,748 2,201,424,820 1,737,825,082 1,281,249,288 FY22 ...... 596,392,401 150,894,463 2,245,453,316 1,720,952,993 1,221,377,826 FY23 ...... 608,320,249 153,912,352 2,290,362,383 1,704,244,712 1,164,304,096

Total ...... 5,199,956,977 1,315,651,765 19,578,151,270 16,448,598,396 13,262,987,623

The security service fee, as amended For the purposes of this analysis, TSA estimated number of one-way trips may by the Budget Act, is expected to result assumes that all one-way trips will differ from the actual number of fees in a collection of approximately $36.49 incur a fee of $5.60 under the new fee imposed. The implementation of this billion (undiscounted) from FY 14 (Q4) structure. The number of one-way trips IFR would provide further insight into through FY 23. Table 4 shows the total was derived using the most accurate the exact nature of travel itineraries, in fee revenue reflecting the statutory information available. This analysis is such as occurrence of stopovers, and fee increase (estimated number of one- the first instance of estimating a will help improve revenue estimation. way trips × $5.60). The estimated passenger fee imposed on one-way air The analysis of actual revenue patterns number of one-way trips is the sum of transportation. As TSA has not under the revised fee structure will help (a) and (b) in Table 3. previously collected fees on a per one- to further improve prospective revenue way trip basis, it is possible that the estimates.

TABLE 4—ESTIMATED SECURITY SERVICE FEE REVENUE [After Budget Act—based on one-way trips]

Total fees col- Fiscal year Estimated number lected: $5.60 per Total fees collected Total fees collected of one-way trips one-way trip (discounted at 3%) (discounted at 7%)

FY14 Q4 ...... 169,655,370 $950,070,072 $922,398,128 $887,915,955 FY15 ...... 650,558,186 3,643,125,839 3,433,995,512 3,182,047,200 FY16 ...... 663,569,349 3,715,988,356 3,400,655,750 3,033,353,405 FY17 ...... 676,840,736 3,790,308,123 3,367,639,675 2,891,607,919 FY18 ...... 690,377,551 3,866,114,285 3,334,944,144 2,756,486,054 FY19 ...... 704,185,102 3,943,436,571 3,302,566,045 2,627,678,294 FY20 ...... 718,268,804 4,022,305,302 3,270,502,297 2,504,889,589 FY21 ...... 732,634,180 4,102,751,408 3,238,749,848 2,387,838,673 FY22 ...... 747,286,864 4,184,806,437 3,207,305,675 2,276,257,427 FY23 ...... 762,232,601 4,268,502,565 3,176,166,785 2,169,890,258

Total ...... 6,515,608,743 36,487,408,958 30,654,923,859 24,717,964,774 Note: Numbers may not total due to rounding.

TSA estimated the change in security will result in increased revenue of passengers to the Government in the service fees collected by comparing approximately $16.91 billion form of increased fees. This transfer will estimated fees based on enplanements (undiscounted) from FY 14 (Q4) through increase the cost to air passengers while under the statute prior to the Budget Act FY 23. Table 5 compares the current fee reducing the burden on the (Table 3) and estimated fees based on with the fee increase mandated by the Government. one-way trips under the statute after the Budget Act. This fee increase will result Budget Act (Table 4). The fee change in a transfer payment from air

TABLE 5—COMPARISON OF SECURITY SERVICE FEE REVENUE [Prior to Budget Act vs. after Budget Act] 35

Statutory fee Current: $2.50 per increase: Difference in fees Difference in fees Difference in fees Fiscal year enplanement $5.60 per one-way collected collected collected trip (discounted at 3%) (discounted at 7%)

(a) (b) (c = b¥a)

FY14 Q4...... $509,781,761 $950,070,072 $440,288,311 $427,464,380 $411,484,403 FY15 ...... 1,954,802,240 3,643,125,838.95 1,688,323,599 1,591,406,918 1,474,647,217

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 35470 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

TABLE 5—COMPARISON OF SECURITY SERVICE FEE REVENUE—Continued [Prior to Budget Act vs. after Budget Act] 35

Statutory fee Current: $2.50 per increase: Difference in fees Difference in fees Difference in fees Fiscal year enplanement $5.60 per one-way collected collected collected trip (discounted at 3%) (discounted at 7%)

(a) (b) (c = b¥a)

FY16 ...... 1,993,898,285 3,715,988,355.73 1,722,090,071 1,575,956,365 1,405,738,469 FY17 ...... 2,033,776,251 3,790,308,122.84 1,756,531,872 1,560,655,817 1,340,049,755 FY18 ...... 2,074,451,776 3,866,114,285.30 1,791,662,509 1,545,503,819 1,277,430,607 FY19 ...... 2,115,940,811 3,943,436,571.01 1,827,495,760 1,530,498,928 1,217,737,589 FY20 ...... 2,158,259,627 4,022,305,302.43 1,864,045,675 1,515,639,715 1,160,833,963 FY21 ...... 2,201,424,820 4,102,751,408.47 1,901,326,588 1,500,924,766 1,106,589,385 FY22 ...... 2,245,453,316 4,184,806,436.64 1,939,353,121 1,486,352,682 1,054,879,601 FY23 ...... 2,290,362,383 4,268,502,565.38 1,978,140,182 1,471,922,073 1,005,586,161

Total ...... 19,578,151,270 36,487,408,958 16,909,257,689 14,206,325,463 11,454,977,151

Annualized (reported in Table 2) ...... 1,665,414,731 1,630,931,041

From the total estimated collection of impose a second fee on air carriers to Budget Act, is approximately equivalent approximately $36.49 billion, the the extent the passenger fee was to the amount of forecasted collections Budget Act requires stipulated amounts insufficient to cover TSA’s costs for for FY 14 (Q4) through FY 23 for both to be credited as offsetting receipts to providing civil aviation security.37 fees authorized under sec. 44940 as the Federal budget and deposited in the Historically, the revenue from both of enacted in 2001 (the fee imposed on general funds of the Treasury for FY 14 these fees has been significantly less passengers + the ASIF). Under the 36 (Q4) through FY 23, totaling $12.63 than TSA’s costs for providing aviation requirements of sec. 44940(a)(2)(B)(i), billion for the period; resulting in a total security. the ASIF is capped at $420 million per Section 601 of the Budget Act net fee collected for security services of year. The total revenue from these two $23.86 billion (undiscounted) from FY includes a July 1, 2014 implementation fees, without the amendments made by 14 (Q4) through FY 23. The funds date for implementation of the the Budget Act, is estimated at $23.47 collected for security services are then restructured passenger fee and an used to offset appropriations provided October 1, 2014 implementation date for billion ($19.58 billion from the to TSA to conduct security services. The discontinuing imposition of the ASIF. passenger security service fees at $2.50 amount collected for security services As the timing of the effective date of per enplanement + $3.89 billion from under this fee is significantly less than these two requirements is separated by ASIF) over the 10-year period of TSA’s total cost for security services. several months, TSA has decided to analysis. Table 6 shows the breakdown As previously discussed, section treat them as two separate of the new fee that will be allocated to 44940 as enacted in 2001 authorized rulemakings.38 For purposes of this offset TSA’s provision of security TSA to impose two fees. In addition to analysis, however, TSA estimates services and Federal costs pursuant to the fee imposed on passengers under $23.86 billion in revenue from the the Budget Act’s amendments to 49 44940(a)(1), TSA was authorized to security service fee, as amended by the U.S.C. 44940(i).

TABLE 6—FEE ALLOCATION

Total fees col- Fiscal year Fees allocated for Fees allocated for lected—$5.60 per security services the General Fund one-way trip

FY14 Q4 ...... $560,070,072 $390,000,000 $950,070,072 FY15 ...... 2,453,125,839 1,190,000,000 3,643,125,839 FY16 ...... 2,465,988,356 1,250,000,000 3,715,988,356 FY17 ...... 2,510,308,123 1,280,000,000 3,790,308,123 FY18 ...... 2,546,114,285 1,320,000,000 3,866,114,285 FY19 ...... 2,583,436,571 1,360,000,000 3,943,436,571 FY20 ...... 2,622,305,302 1,400,000,000 4,022,305,302 FY21 ...... 2,662,751,408 1,440,000,000 4,102,751,408 FY22 ...... 2,704,806,437 1,480,000,000 4,184,806,437 FY23 ...... 2,748,502,565 1,520,000,000 4,268,502,565

Total ...... 23,857,408,958 12,630,000,000 36,487,408,958

35 The estimated fees collected under the with breaks in travel greater than four hours being 38 TSA intends to make necessary conforming statutory fee increase may be somewhat considered additional one-way trips. changes to its regulations regarding the ASIF in a overestimated due to the inclusion of non- 36 Budget Act sec. 601(c), amending 49 U.S.C. separate rulemaking, targeted for publication before continental interstate or intrastate air transportation 44940(i). the October 1, 2014 effective date. 37 See 49 U.S.C. 44940(a)(2) as enacted in 2001.

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35471

TSA anticipates that there might be Responses to these questions would allows TSA to collect revenue used to costs associated with each direct and better inform TSA on the impacts of this offset a portion of the costs of providing foreign air carrier updating their current IFR. aviation security services and the computer and ticket sales systems to additional amount specified for deposit Alternatives Discussion reflect the new fee structure. TSA to the general fund for other purposes. welcomes comments containing For purposes of this regulatory impact The estimated revenue associated with information on the implementation analysis, TSA analyzed several this alternative is fully discussed in the costs to industry, particularly in the alternatives when considering the Regulatory Impact Analysis section of following areas. impacts of this IFR. The Budget Act’s this preamble (see table 4 for revenue • Would the burden of implementing amendments to the security service fee estimates). The total undiscounted 10- the security service fee be a one-time remove discretion from TSA regarding year estimated fee collected is $36.49 cost or would there be an incremental the amount of the fee to be imposed. As billion. increase in annual operating and amended, 49 U.S.C. 44940(c) states that • Alternative 2 (No Action): maintenance costs as well? the fee ‘‘shall be $5.60 per one-way trip Alternative 2 involves no action; the fee • Would there be any other costs, in air transportation or intrastate air structure and amounts are unchanged. besides labor costs, associated with the transportation that originates at an As the change in fee is statutorily implementation? airport in the United States.’’ The mandated by the Budget Act, TSA alternatives that TSA considered for rejects the no action alternative because • How many hours of labor would be purposes of this economic analysis are it would not meet the statutory needed and what category of labor (and based on how the fee will be imposed. mandate. Under 49 U.S.C. 44940, as wage) would be required to implement TSA was able to quantify the preferred amended by the Budget Act, TSA is the changes in the system? and no action alternatives. TSA also required to collect fees as necessary to • Would there be multiple laborers presents a qualitative discussion and offset a portion of the appropriations to working on the project? requests public comment, particularly TSA for providing aviation security • Would industry rely on their with respect to issues related to a cap services (sec. 44940(a)(1)) and sufficient internal workforce or would they and the definition of ‘‘stopover.’’ Table to deposit the specified amounts in the outsource this work to contractors? 7 below summarizes the following general fund of the Treasury (sec. • Would industries other than regulatory alternatives: 44940(i) as amended by the Budget Act). carriers be impacted? If so, would these • Alternative 1 (Preferred): In light of the cessation of the ASIF, impacts be short-term, or would they Alternative 1, the preferred alternative, previously discussed, TSA would not be have lasting effects on these indirect most closely follows the statutory able to collect sufficient amounts if no industries? mandate pursuant to the Budget Act and action was taken.

TABLE 7—COMPARISON OF ALTERNATIVES

Total number of Total fee collected Alternatives Description chargeable fees (FY14 Q4 to FY23, (FY14 Q4 to FY23) undiscounted)

Alternative 1 (Preferred Al- Statutory fee increase of $5.60 to all one-way trips (as 6,515,608,743 ...... $36,487,408,958. ternative). established by the Budget Act). (Table 4) ...... (Table 4). Alternative 2 (No Action)..... Maintain current fee structure of $2.50 per See Table 3 for information $19,578,151,270. enplanement with a cap of $5.00. on chargeable (Table 3). enplanements and re- spective fee.

TSA also assessed the possibility of changes to the definition of stopovers as less revenue for the purposes intended using a break in travel greater or less it affects continental interstate and by 49 U.S.C. 44940. As discussed above, than four hours for continental intrastate air transportation, nor how TSA will consider and respond to interstate and continental intrastate air this would affect fee collection. As comments in the final rule, as transportation. The occurrence of a previously noted, TSA welcomes appropriate. stopover triggers the beginning of a new comments on appropriate alternatives to Under the current fee structure, a fee ‘‘one-way trip,’’ resulting in imposition the definition of a stopover and how any cannot be imposed for more than two of an additional $5.60 fee on the changes in this definition may impact enplanements per one-way trip or four passenger. As such, a stopover for the imposition of this fee. enplanements per round trip, regardless continental interstate or continental For example, under the definitions in of the number of enplanements. Because intrastate air transportation defined as a this IFR, a passenger purchasing air the Budget Act requires TSA to impose break in travel of less than four hours transportation from New York to fees based on one-way trips rather than could potentially lead to a larger Boston, returning to New York with less enplanements, the cap provided for number of fees being collected, while a than a four hour break in travel would under the current fee structure is no stopover based on a break in travel be subject to a fee of $5.60 because the longer valid. Under the definition of greater than four hours (such as six or itinerary consists of a single one-way one-way trip in the IFR, the new eight hours) could result in fewer fees trip. If the stopover definition for structure is already capped at one fee collected, as compared to the preferred continental interstate or continental per one-way trip. Furthermore, the alternative. As TSA is not aware of data intrastate air transportation is changed statute does not specify a cap or direct on the duration of breaks in travel, TSA to require a break in travel greater than TSA to implement a cap. As discussed, was unable to estimate the number of four hours, the likelihood of this data on the duration of stopovers is one-way trips that would be affected by occurring would increase, resulting in unavailable, which makes estimating

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 35472 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations

possible impacts of a cap on fees or by the private sector; such a mandate As the change to the security service difficult. TSA welcomes comment on is deemed to be a ‘‘significant regulatory fee has been set by Congress and there whether or not a cap should be placed action.’’ Before TSA promulgates a rule are no additional changes to how the on the imposition of fees, and if so, for which a written statement is needed, program is implemented by TSA, no what that cap should be. sec. 205 of UMRA generally requires additional consultations are required. TSA to identify and consider a Regulatory Flexibility Act Assessment reasonable number of regulatory Executive Order 13132, Federalism The Regulatory Flexibility Act (RFA) alternatives and adopt the least costly, TSA has analyzed this IFR under the of 1980 39 requires agencies to consider most cost effective, or least burdensome principles and criteria of E.O. 13132, the impact of their regulatory proposals alternative that achieves the objectives Federalism. We determined that this on small entities, to analyze effective of the rule. The provisions of sec. 205 action will not have a substantial direct alternatives that minimize small entity do not apply when they are inconsistent effect on the States, or on the impacts, and to make their analyses with applicable law. In addition, the relationship between the National available for public comment. Small requirements of Title II of UMRA do not Government and the States, or on the entities include small businesses, not- apply when rulemaking actions are distribution of power and for-profit organizations, and small taken without the issuance of a notice responsibilities among the various governmental jurisdictions. Individuals of proposed rulemaking. For reasons levels of government, and, therefore, and States are not included in the discussed above, no notice of proposed does not have federalism implications. definition of a small entity. When no rulemaking is required for this notice of proposed rulemaking has first regulatory action. Accordingly, TSA has Environmental Analysis been published, no such assessment is not prepared a written statement. TSA has reviewed this action for required. Furthermore, 5 U.S.C. TSA has, however, analyzed the purposes of the National Environmental 553(b)(B) exempts rules from the UMRA requirements as if the Policy Act of 1969 42 (NEPA) and has requirements of the RFA when an requirement applied and determined determined that this action will not agency for good cause finds that notice that this IFR does not contain a Federal have a significant effect on the human and public procedure thereon are mandate that may reach the threshold of environment. This action is covered by impracticable, unnecessary, or contrary expenditures for State, local, and tribal categorical exclusion (CATEX) number to the public interest. As discussed in governments in the aggregate. To the A3(b) in DHS Management Directive the preamble, this IFR is exempt from extent the increased fee affects the 023–01 (formerly Management Directive the procedural rulemaking requirements overall economy, resulting in an 5100.1), Environmental Planning of 5 U.S.C. 553. unfunded mandate on the private sector, Program, which guides TSA compliance International Trade Impact Assessment this is a result of the Budget Act’s with NEPA. revisions to 49 U.S.C. 44940, not a result The Trade Agreement Act of 1979 40 of this rulemaking. The preceding Energy Impact Analysis prohibits Federal agencies from discussion provides an analysis of the establishing any standards or engaging The energy impact of the action has associated costs. been assessed in accordance with the in related activities that create Finally, TSA has not considered any Energy Policy and Conservation Act 43 unnecessary obstacles to the foreign alternatives as the purpose of this (EPCA). We have determined that this commerce of the United States. rulemaking is to implement the rulemaking is not a major regulatory Legitimate domestic objectives, such as statutorily mandated fee change from action under the provisions of the safety, are not considered unnecessary $2.50 per enplanement to $5.60 per one- EPCA. obstacles. The statute also requires way trip. consideration of international standards List of Subjects in 49 CFR Part 1510 and, where appropriate, that they be the International Compatibility basis for U.S. standards. TSA has In keeping with U.S. obligations Accounting, Auditing, Air carriers, assessed the potential effect of this under the Convention on International Air transportation, Enforcement, Federal rulemaking and as TSA has determined Civil Aviation, it is TSA policy to oversight, Foreign air carriers, Reporting that it does not impose significant comply with International Civil and recordkeeping requirements, barriers to international trade. Aviation Organization (ICAO) Standards Security measures. Unfunded Mandates Assessment and Recommended Practices to the The Amendments maximum extent practicable. TSA has The Unfunded Mandates Reform Act reviewed the corresponding ICAO For the reasons set forth in the 41 of 1995 (UMRA), is intended, among Standards and Recommended Practices preamble, the Transportation Security other things, to curb the practice of and has identified no differences with Administration amends part 1510 of imposing unfunded Federal mandates these regulations. Chapter XII of Title 49, Code of Federal on State, local, and tribal governments. The ICAO guidance document on Regulations to read as follows: Title II of UMRA requires each Federal aviation fees and charges, ICAO agency to prepare a written statement Document 9082 (Ninth Edition—2012), PART 1510—PASSENGER CIVIL assessing the effects of any Federal ICAO’s Policies on Charges for Airports AVIATION SECURITY SERVICE FEES mandate in a proposed or final rule that and Air Navigation Services, ■ 1. The authority citation for part 1510 may result in a $100 million or more recommends consultations before fees continues to read as follows: expenditure (adjusted annually for are imposed on carriers. In addition, inflation) in any one year by State, local, Article 12 of the Air Transport Authority: 49 U.S.C. 114, 40113, and and tribal governments, in the aggregate, Agreement between the United States of 44940. America and the European Community ■ 2. Revise § 1510.1 to read as follows: 39 Public Law 96–354 (94 Stat. 1164; Sept. 19, 1980). and its Member States, signed on 25 and 40 Public Law 96–39 (93 Stat. 144; July 26, 1979). 30 April 2007, encourages consultation 42 42 U.S.C. 4321 et seq. 41 Public Law 104–4 (109 Stat. 66; March 22, between the charging authority and 43 Public Law 94–163 (89 Stat. 871; Dec. 22, 1995). affected carriers. 1975), as amended (42 U.S.C. 6362).

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Rules and Regulations 35473

§ 1510.1 Applicability and purpose. Continental intrastate air (b) The security service fee must be This part prescribes a uniform fee to transportation means the carriage by imposed on passengers who obtained be paid by passengers of direct air aircraft of persons for compensation or the ticket for air transportation with a carriers and foreign air carriers in air hire wholly within the same state of the frequent flyer award, but may not be transportation, foreign air continental United States. imposed on any other nonrevenue transportation, and intrastate air * * * * * passengers. transportation originating at airports in Non-continental interstate air ■ 5. Amend § 1510.9 by revising the United States. transportation means the carriage by paragraphs (a) and (b) to read as follows: ■ 3. In § 1510.3 revise the introductory aircraft of persons for compensation or text; remove the definitions of hire within the United States, but § 1510.9 Collection of security service ‘‘Administrator,’’ ‘‘Interstate air outside the continental United States. fees. transportation,’’ ‘‘Intrastate air Non-continental intrastate air (a) The following direct air carriers transportation,’’ ‘‘Origin point,’’ transportation means the carriage by and foreign air carriers must collect ‘‘Passenger enplanement,’’ and ‘‘Round aircraft of persons for compensation or security service fees from passengers trip;’’ revise the definition of ‘‘Air hire wholly within the same state, on— territory or possession of the United transportation’’ and ‘‘One-way trip;’’ (1) A scheduled passenger or public States, but outside the continental and, add definitions for ‘‘Continental charter passenger operation with an United States. United States,’’ ‘‘Continental interstate aircraft having passenger seating air transportation,’’ ‘‘Continental * * * * * configuration of more than 60 seats. intrastate air transportation,’’ ‘‘Non- One-way trip means continuous air continental interstate air transportation, during which a stopover (2) A scheduled passenger or public transportation,’’ ‘‘Non-continental does not occur; there may be multiple charter passenger operation with an intrastate air transportation,’’ and one-way trips on the same air travel aircraft having a passenger seating ‘‘Stopover’’ in alphabetical order to read itinerary. configuration of less than 61 seats when as follows: passengers are enplaned from or * * * * * deplaned into a sterile area. § 1510.3 Definitions. Stopover means a break in travel of more than: (b) Direct air carriers and foreign air In addition to the definitions in (1) Four (4) hours for continental carriers must collect from each §§ 1500.3, 1503.103, and 1540.5 of this interstate air transportation or passenger, to the extent provided in chapter, the following terms are used in continental intrastate air transportation, § 1510.5, a security service fee on air this part: and transportation sold on or after 12:00 * * * * * (2) Twelve (12) hours for non- a.m. (Eastern Daylight Time) on July 21, Air transportation means continental continental interstate air transportation, 2014. The security service fee must be interstate air transportation, continental non-continental intrastate air based on the air travel itinerary at the intrastate air transportation, foreign air transportation, or foreign air time the air transportation is sold. Any transportation, non-continental transportation. changes by the passenger to the itinerary interstate air transportation, or non- ■ 4. Revise § 1510.5 to read as follows: are subject to additional collection or continental intrastate air transportation. refund of the security service fee by the * * * * * § 1510.5 Imposition of security service direct air carrier or foreign air carrier, as Continental United States means the fees. appropriate. District of Columbia and the States other (a) Each direct air carrier and foreign * * * * * than Alaska and Hawaii. air carrier described in § 1510.9(a) shall Continental interstate air impose a security service fee of $5.60 Dated: June 17, 2014. transportation means the carriage by per one-way trip for air transportation John W. Halinski, aircraft of persons for compensation or originating at an airport in the United Deputy Administrator. hire within the continental United States. Passengers may not be charged [FR Doc. 2014–14488 Filed 6–17–14; 4:15 pm] States. more than $5.60 per one-way trip. BILLING CODE 9110–05–P

VerDate Mar<15>2010 20:23 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00013 Fmt 4701 Sfmt 9990 E:\FR\FM\20JNR2.SGM 20JNR2 tkelley on DSK3SPTVN1PROD with RULES2 Vol. 79 Friday, No. 119 June 20, 2014

Part IV

The President

Proclamation 9143—National Day of Making, 2014

VerDate Mar<15>2010 20:40 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20JND0.SGM 20JND0 tkelley on DSK3SPTVN1PROD with D0 VerDate Mar<15>2010 20:40 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\20JND0.SGM 20JND0 tkelley on DSK3SPTVN1PROD with D0 35477

Federal Register Presidential Documents Vol. 79, No. 119

Friday, June 20, 2014

Title 3— Proclamation 9143 of June 17, 2014

The President National Day of Making, 2014

By the President of the United States of America

A Proclamation Our Nation is home to a long line of innovators who have fueled our economy and transformed our world. Through the generations, American inventors have lit our homes, propelled humanity into the skies, and helped people across the planet connect at the click of a button. American manufac- turers have never stopped chasing the next big breakthrough. As a country, we respond to challenge with discovery, determined to meet our great tests while seeking out new frontiers. During the National Day of Making, we celebrate and carry forward this proud tradition. Today, more and more Americans are gaining access to 21st century tools, from 3D printers and scanners to design software and laser cutters. Thanks to the democratization of technology, it is easier than ever for inventors to create just about anything. Across our Nation, entrepreneurs, students, and families are getting involved in the Maker Movement. My Administration is increasing their access to advanced design and research tools while organi- zations, businesses, public servants, and academic institutions are doing their part by investing in makerspaces and mentoring aspiring inventors. I am committed to helping Americans of all ages bring their ideas to life. Alongside our partners, my Administration is getting tens of thousands of young people involved in making. We are supporting an apprenticeship program for modern manufacturing and encouraging startups to build their products here at home. Because science, technology, engineering, and mathe- matics (STEM) are essential to invention, we launched a decade-long national effort to train 100,000 excellent STEM teachers. And we are expanding STEM AmeriCorps so that this summer, 18,000 low-income students will have learning opportunities in these vital fields. As we observe this day, I am proud to host the first-ever White House Maker Faire. This event celebrates every maker—from students learning STEM skills to entrepreneurs launching new businesses to innovators powering the renaissance in American manufacturing. I am calling on people across the country to join us in sparking creativity and encouraging invention in their communities. Today, let us continue on the path of discovery, experimentation, and innova- tion that has been the hallmark not only of human progress, but also of our Nation’s progress. Together, let us unleash the imagination of our people, affirm that we are a Nation of makers, and ensure that the next great technological revolution happens right here in America. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 18, 2014, as National Day of Making. I call upon all Americans to observe this day with programs, ceremonies, and activities that encourage a new generation of makers and manufacturers to share their talents and hone their skills.

VerDate Mar<15>2010 20:40 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\20JND0.SGM 20JND0 tkelley on DSK3SPTVN1PROD with D0 35478 Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of June, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty- eighth.

[FR Doc. 2014–14664 Filed 6–19–14; 11:15 am] Billing code 3295–F4

VerDate Mar<15>2010 20:40 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\20JND0.SGM 20JND0 tkelley on DSK3SPTVN1PROD with D0 OB#1.EPS i

Reader Aids Federal Register Vol. 79, No. 119 Friday, June 20, 2014

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 431...... 33877 741–6000 Executive orders and proclamations Proclamations: 12 CFR The United States Government Manual 741–6000 9134...... 32423 5...... 35279 Other Services 9135...... 32425 611...... 34621 Electronic and on-line services (voice) 741–6020 9136...... 32427 620...... 34621 Privacy Act Compilation 741–6064 9137...... 32429 630...... 34621 Public Laws Update Service (numbers, dates, etc.) 741–6043 9138...... 32431 1081...... 34622 TTY for the deaf-and-hard-of-hearing 741–6086 9139...... 33417 Proposed Rules: 9140...... 33645 Ch. I ...... 32172 9141...... 34401 ELECTRONIC RESEARCH 4...... 33260 9142...... 34997 5...... 33260 World Wide Web 9143...... 35477 7...... 33260 Full text of the daily Federal Register, CFR and other publications Executive Orders: 14...... 33260 is located at: www.fdsys.gov. 12473 (Amended by 32...... 33260 Federal Register information and research tools, including Public 13669) ...... 34999 34...... 33260 Inspection List, indexes, and Code of Federal Regulations are 13669...... 34999 100...... 33260 located at: www.ofr.gov. 13670...... 35029 116...... 33260 Administrative Orders: 143...... 33260 E-mail Memorandums: 144...... 33260 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandum of June 145...... 33260 an open e-mail service that provides subscribers with a digital 9, 2014 ...... 33843 146...... 33260 form of the Federal Register Table of Contents. The digital form Notices: 150...... 33260 of the Federal Register Table of Contents includes HTML and Notice of June 10, 152...... 33260 PDF links to the full text of each document. 2014 ...... 33847 159...... 33260 To join or leave, go to http://listserv.access.gpo.gov and select Presidential 160...... 33260 Online mailing list archives, FEDREGTOC-L, Join or leave the list Determinations: 161...... 33260 (or change settings); then follow the instructions. No. 2014–10 of June 162...... 33260 PENS (Public Law Electronic Notification Service) is an e-mail 2, 2014 ...... 33839 163...... 33260 service that notifies subscribers of recently enacted laws. No. 2014–11 of June 174...... 33260 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 4, 2014 ...... 33841 192...... 33260 and select Join or leave the list (or change settings); then follow 193...... 33260 the instructions. 5 CFR Ch. II ...... 32172 FEDREGTOC-L and PENS are mailing lists only. We cannot Ch. XIV ...... 33849 respond to specific inquiries. Ch. III ...... 32172 Reference questions. Send questions and comments about the Proposed Rules: Ch. VII...... 32191 2641...... 33138 Federal Register system to: [email protected] 13 CFR The Federal Register staff cannot interpret specific documents or 7 CFR regulations. 121...... 33647 Reminders. Effective January 1, 2009, the Reminders, including 6...... 34213 125...... 31848 Rules Going Into Effect and Comments Due Next Week, no longer 63...... 31843 127...... 31848 220...... 35279 appear in the Reader Aids section of the Federal Register. This 14 CFR information can be found online at http://www.regulations.gov. 319...... 32433 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 932...... 33419 25 ...... 32633, 32635, 32636, longer appears in the Federal Register. This information can be 1410...... 32435 32637, 32639, 32640, 32642, found online at http://bookstore.gpo.gov/. 1951...... 31845 33043, 33669, 33673, 33674, 4274...... 31845 33675, 33677, 34215 FEDERAL REGISTER PAGES AND DATE, JUNE Proposed Rules: 39 ...... 31849, 31851, 31855, 1206...... 35296 31897, 32859, 33045, 33048, 31205–31842...... 2 1951...... 31884 33050, 33052, 33054, 33679, 31843–32156...... 3 4274...... 31884 34403, 34406, 35033, 35035, 32157–32432...... 4 35037 32433–32632...... 5 9 CFR 71 ...... 32440, 32441, 32861, 32633–32858...... 6 201...... 32859 32862, 33850, 34217, 35279 32859–33042...... 9 310...... 32436 97 ...... 33420, 33421, 33426, 33043–33418...... 10 33430 33419–33646...... 11 10 CFR 121...... 32157 33647–33848...... 12 431...... 32050 Proposed Rules: 33849–34212...... 13 1703...... 31848 25...... 31886, 33140 34213–34402...... 16 Proposed Rules: 39 ...... 31229, 31231, 31233, 34403–34620...... 17 26...... 34641 31888, 32195, 32197, 32500, 34621–35032...... 18 73...... 34641 32881, 33484, 35099 35033–35278...... 19 429 ...... 32020, 33870, 33873 71 ...... 31236, 32883, 34453 35279–35478...... 20 430...... 32020 77...... 33145

VerDate Mar 15 2010 21:05 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\20JNCU.LOC 20JNCU tkelley on DSK3SPTVN1PROD with CU ii Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Reader Aids

15 CFR 3500...... 34224 36 CFR 46 CFR 730...... 32441 25 CFR 12...... 33434 Proposed Rules: 736...... 32612 242...... 35232 356...... 33160 738...... 32612 Proposed Rules: 294...... 33436 740...... 32612 169...... 34455 Proposed Rules: 47 CFR 742...... 32612, 34408 212...... 34678 26 CFR 744 ...... 32441, 32612, 34217 261...... 34678 1...... 31873, 32366 746...... 32612 1...... 31863, 32644 1250...... 35127 2...... 32366 748...... 32612, 34221 31...... 31219 22...... 35290 37 CFR 750...... 32612 301...... 34625 27...... 32366 754...... 34408 Proposed Rules: Proposed Rules: 54...... 33705, 34639 758...... 32612, 34217 1 ...... 31892, 31893, 32687 1...... 34681 63...... 31873 762...... 32612 301...... 34668 370...... 33491 64...... 33709 772...... 32612 73...... 33118 27 CFR 38 CFR 774...... 32612, 34408 97...... 35290 3...... 32653 922...... 33851 Proposed Rules: Proposed Rules: 997...... 32449 9...... 34474 39 CFR 1...... 31247 16 CFR 29 CFR 111...... 32490, 35288 2...... 31247 20...... 33163 300...... 32157 4022...... 33860 775...... 33095 3001...... 33390 90...... 31247 4044...... 33860 Proposed Rules: 3010...... 33820 95...... 31247 305...... 34642 Proposed Rules: 96...... 31247 306...... 31891 10...... 34568 40 CFR 1910...... 32199 17 CFR Ch. I ...... 31566 48 CFR 2550...... 31893 49...... 34231 232...... 35280 52 ...... 32873, 33097, 33101, Proposed Rules: 30 CFR Proposed Rules: 33107, 33116, 33438, 34240, 2...... 33164 1...... 31238 934...... 32645 34432, 34435, 34441, 35050 7...... 33164 420...... 33145 944...... 32648 62...... 33456 12...... 33164 Proposed Rules: 80...... 34242 46...... 33164 20 CFR 7...... 31895 141...... 35081 52...... 33164 404...... 33681, 33683 75...... 31895 180 ...... 32169, 32662, 32666, 212...... 32522 416...... 33681, 33683 1206...... 35102 33458, 33465, 33469, 34629 237...... 32522 1210...... 35102 261...... 35290 252...... 32522 21 CFR 300 ...... 32490, 32673, 34633 17...... 32643 31 CFR 711...... 35096 49 CFR 73...... 33431 10...... 34568 721...... 34634 106...... 33056, 33057 761...... 33867 383...... 32491 107...... 33057 32 CFR Proposed Rules: 390...... 32491 310...... 33072 989...... 35286 49...... 32502 613...... 31214 314...... 33072 51...... 32892 1510...... 35462 317...... 32464 33 CFR 52 ...... 32200, 33159, 34272, Proposed Rules: 329...... 33072 100 ...... 32164, 32863, 34413 34479, 34480 571...... 32211 600...... 33072 117 ...... 31865, 32864, 33695, 60 ...... 31901, 34830, 34960 613...... 31784 872...... 34623 33696, 33862, 33863, 34226, 190...... 32521 878 ...... 31205, 31859, 34222 34227, 34228, 34415, 34416, 300...... 32689 50 CFR Proposed Rules: 34417, 34419, 35043, 35287 312...... 34480 Ch. I ...... 34668 165 ...... 31220, 31865, 31868, 766...... 34484 17 ...... 31878, 32126, 32677, 860...... 33711 32167, 32482, 32484, 32486, 41 CFR 33119 882...... 33712 32487, 32866, 32867, 32868, 23...... 32677 102–117...... 33474 32871, 33696, 33699, 33700, 100...... 35232 102–192...... 33477 22 CFR 33702, 33703, 34229, 34230, 217...... 32678 34...... 35282 34231, 34420, 34422, 34424, 42 CFR 224...... 31222, 34245 622 ...... 32496, 32497, 32498, 42...... 32481 34425, 34427, 34428, 34626, 412...... 34444 235...... 35283 34627, 35043, 35046, 35048 32878, 34246, 35292 168...... 33864 43 CFR 635...... 31227 23 CFR 334...... 35049 10...... 33482 648 ...... 32170, 34251, 35293 450...... 31214 Proposed Rules: Proposed Rules: 660...... 34269 Proposed Rules: 100...... 32886 4...... 35129 Proposed Rules: 450...... 31784 165 ...... 31895, 32889, 34669, 50...... 35296 17 ...... 31901, 32900, 33169, 34674 34685, 35303 24 CFR 44 CFR 20...... 32418 34 CFR 30...... 35041 64...... 32876 29...... 32903 35...... 35041 Ch. II ...... 34428 67...... 33868 300...... 32903 1710...... 34224 Ch. III...... 32487, 33092 Proposed Rules: 622...... 31907 1715...... 34224 Ch. VI ...... 31870, 32651, 33432 67...... 33878, 33879 648...... 33879, 35141 1720...... 34224 Proposed Rules: 660...... 34272 3280...... 31861 Ch. III...... 31898, 33486, 35121 45 CFR 679 ...... 31914, 32525, 33889, 3400...... 34224 668...... 35418 18...... 32170 34696

VerDate Mar 15 2010 21:05 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\20JNCU.LOC 20JNCU tkelley on DSK3SPTVN1PROD with CU Federal Register / Vol. 79, No. 119 / Friday, June 20, 2014 / Reader Aids iii

in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List June 12, 2014 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

VerDate Mar 15 2010 21:05 Jun 19, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\20JNCU.LOC 20JNCU tkelley on DSK3SPTVN1PROD with CU