Vol. 80 Monday, No. 153 August 10, 2015

Pages 47829–48000

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 80, No. 153

Monday, August 10, 2015

Agriculture Department Environmental Protection Agency See Grain Inspection, Packers and Stockyards RULES Administration Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Requests for Nominations: Arizona; Infrastructure Requirements for the 2008 Lead National Genetic Research Advisory Council, 47895 (Pb) and the 2008 8-Hour Ozone National Ambient Air Quality Standards, 47859–47862 Colorado; Interstate Transport of Pollution for the 2006 Centers for Disease Control and Prevention 24-Hour PM2.5 NAAQS, 47862–47864 NOTICES Wyoming; Interstate Transport of Pollution for the 2006 Agency Information Collection Activities; Proposals, 24-Hour PM2.5 NAAQS, 47857–47859 Submissions, and Approvals, 47925–47926 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Coast Guard Mississippi; Memphis, TN–MS–AR Emissions Statements RULES for the 2008 8-Hour Ozone Standard, 47883–47886 Drawbridge Operations: Approval and Promulgation of Implementation Plans: Atlantic Intracoastal Waterway, Atlantic City, NJ, 47851– Washington; Update to the Spokane Regional Clean Air 47852 Agency Solid Fuel Burning Device Standards, 47880– Atlantic Intracoastal Waterway, Surf City, NC, 47850– 47883 47851 NOTICES Safety Zones: Cross-Media Electronic Reporting: NOBLE DISCOVERER, Outer Continental Shelf Drillship, Authorized Program Revision Approval, State of Chukchi Sea, AK, 47852–47855 Washington, 47924–47925 Waddington Homecoming Fireworks, St. Lawrence River, Meetings: Ogden Island, NY, 47855–47857 Board of Scientific Counselors Safe and Sustainable Water Resources Subcommittee; Correction, 47922 Proposed Partial Consent Decrees: Commerce Department Clean Air Act Citizen Suit, 47922–47924 See Foreign-Trade Zones Board Proposed Settlements Under CERCLA: See Industry and Security Bureau Gowanus Canal Superfund Site, Brooklyn, Kings County, See International Trade Administration NY, 47922 See National Oceanic and Atmospheric Administration Registration Review Proposed Interim Decisions; See National Telecommunications and Information Availability, 47919–47922 Administration Federal Aviation Administration PROPOSED RULES Comptroller of the Currency Airworthiness Directives: NOTICES Fiberglas-Technik Rudolf Lindner GmbH and Co. KG Agency Information Collection Activities; Proposals, Gliders, 47871–47874 Submissions, and Approvals: Market Risk, 47987–47988 Federal Communications Commission PROPOSED RULES , 47886–47894 Defense Department NOTICES RULES Services: Assistance to Non-Government, Entertainment-Oriented AM or FM Proposals To Change the Community of Media Productions, 47834–47850 License, 47925 Federal Emergency Management Agency Energy Department NOTICES See Energy Efficiency and Renewable Energy Office Agency Information Collection Activities; Proposals, See Federal Energy Regulatory Commission Submissions, and Approvals: NOTICES Federal Assistance for Offsite Radiological Emergency Applications To Export Electric Energy: Preparedness and Planning, 47943–47945 EDF Trading North America, LLC, 47912–47913 Federal Energy Regulatory Commission NOTICES Energy Efficiency and Renewable Energy Office Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 47914–47916 Meetings: Combined Filings, 47916–47919 Biomass Research and Development Technical Advisory Declaratory Orders: Committee, 47913 Wolverine Pipe Line Co., 47916

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Environmental Assessments; Availability, etc.: Requests for Nominations: Coleman Hydro, LLC, 47914 Health IT Policy Committee and Health IT Standards Initial Market-Based Rate Filings Including Requests for Committee, 47935–47936 Blanket Section 204 Authorizations: Statement of Organization, Functions, and Delegations of Chevron Power Holdings Inc., 47913–47914 Authority: Thunder Spirit Wind, LLC, 47916 Office of the Assistant Secretary for Public Affairs, Late Interventions: 47931–47934 Murphy Dam, LLC, 47918 Health Resources and Services Administration Fish and Wildlife Service NOTICES NOTICES Health Center Program: Meetings: Class Deviation From Competition Requirements, 47928– Advisory Council on Wildlife Trafficking, 47945–47946 47931 Permits: Meetings: Endangered Species, 47947–47948 National Advisory Committee on Rural Health and Requests for Nominations: Human Services, 47931 Advisory Council on Wildlife Trafficking, 47946 Homeland Security Department Food and Drug Administration See Coast Guard NOTICES See Federal Emergency Management Agency Meetings: See U.S. Customs and Border Protection Anesthetic and Analgesic Drug Products and Drug Safety and Risk Management Advisory Committees, 47926– 47928 Housing and Urban Development Department PROPOSED RULES Foreign Assets Control Office Retrospective Review: NOTICES Improving the Previous Participation Reviews of Blocking or Unblocking of Persons and Properties, 47988– Prospective Multifamily Housing and Healthcare 47996 Programs Participants, 47874–47880

Foreign-Trade Zones Board Indian Affairs Bureau NOTICES NOTICES Applications for Expansion: HEARTH Act Approval of Seminole Tribe of Foreign-Trade Zone 281, Miami, FL; New Magnet Site, Regulations, 47949–47950 47897–47898 Expanded Production Authority: Industry and Security Bureau ASO, LLC, Subzone 169A, Foreign-Trade Zone 169, NOTICES Sarasota, FL; Denials, 47895–47896 Orders Denying Export Privileges: Proposed Production Activities: Peter Gromacki, 47898–47899 Foreign-Trade Zone 46, Cincinnati, OH; Festo Corp., 47896–47897 Subzone Expansions; Applications: Interior Department Subzone 231A, Lathrop, CA; Medline Industries, Inc., See Fish and Wildlife Service 47897 See Geological Survey See Indian Affairs Bureau Geological Survey See Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Internal Revenue Service Submissions, and Approvals: NOTICES National Cooperative Geologic Mapping Program Agency Information Collection Activities; Proposals, (EDMAP and STATEMAP), 47948–47949 Submissions, and Approvals: Offshore Voluntary Disclosure Program, 47998–47999 Grain Inspection, Packers and Stockyards Administration Meetings: PROPOSED RULES Taxpayer Advocacy Panel Joint Committee, 47999 Requests for Information: Taxpayer Advocacy Panel Notices and Correspondence Market Agencies Selling on Commission; Purchases From Project Committee, 47999 Consignment, 47871 Taxpayer Advocacy Panel Special Projects Committee, 47998 Health and Human Services Department Taxpayer Advocacy Panel Tax Forms and Publications See Centers for Disease Control and Prevention Project Committee, 47996–47997 See Food and Drug Administration Taxpayer Advocacy Panel Taxpayer Communications See Health Resources and Services Administration Project Committee, 47996 See National Institutes of Health Taxpayer Advocacy Panel Toll-Free Phone Line Project NOTICES Committee, 47997 Health IT Standards Committee: Requests for Nominations: Schedule for the Assessment of Health IT Policy Advisory Committee on Tax Exempt and Government Committee Recommendations, 47934–47935 Entities, 47997

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International Trade Administration Guidance: NOTICES Human Factors Engineering, 47958–47959 Antidumping or Countervailing Duty Investigations, Orders, Use of Accreditation in Lieu of Commercial Grade or Reviews: Surveys for Procurement of Laboratory Calibration Certain Passenger Vehicle and Light Truck Tires From and Test Services, 47957–47958 the People’s Republic of China, 47902–47907 Meetings; Sunshine Act, 47958 Certain Pasta From Italy, 47900–47902 Seamless Refined Copper Pipe and Tube From Mexico, Occupational Safety and Health Administration 47908–47909 NOTICES Applications for Duty-Free Entry of Electron Microscopes: Applications for Expansion of Recognition: University of Maryland Baltimore County, et al., 47909– TUV Rheinland of North America, Inc., 47953–47955 47910 Expansions of Recognition: Applications for Duty-Free Entry of Scientific Instruments: Curtis-Straus, LLC, 47955–47956 University of Health Science Center, San Antonio, TX; Withdrawal, 47907–47908 Pipeline and Hazardous Materials Safety Administration W.M. Keck Observatory, et al., 47899–47900 NOTICES Hazardous Materials: Labor Department Anticipated Delay in Administrative Appeal Decisions, See Occupational Safety and Health Administration 47987

Land Management Bureau Postal Regulatory Commission NOTICES NOTICES Alaska Native Claims Selection, 47950–47951, 47953 New Postal Products, 47964 Meetings: Utah Resource Advisory Council/Recreation Resource Securities and Exchange Commission Advisory Council, 47950 RULES Realty Actions: Interpretation of the Whistleblower Rules Under the Pocatello Resource Management Plan, Segregation of Securities Exchange Act, 47829–47831 Land for Proposed Non-Competitive (Direct) Sale in NOTICES Caribou County, ID, 47951–47953 Self-Regulatory Organizations; Proposed Rule Changes: EDGA Exchange, Inc., 47966–47968 Legal Services Corporation EDGX Exchange, Inc., 47964–47966 NOTICES Miami International Securities Exchange, LLC, 47980– Meetings; Sunshine Act, 47956–47957 47982 Municipal Securities Rulemaking Board, 47976–47978 National Institutes of Health NASDAQ Stock Market, LLC, 47968–47976 NOTICES New York Stock Exchange, LLC, 47978–47980 Meetings: Eunice Kennedy Shriver National Institute of Child Small Business Administration Health and Human Development, 47936–47937 NOTICES National Institutes of Health Senior Executive Service 2015 Privacy Act; Systems of Records, 47982–47984 Performance Review Board Members, 47936 Social Security Administration National Oceanic and Atmospheric Administration RULES RULES Social Security Number Card Applications, 47831–47834 Fisheries of the Exclusive Economic Zone Off Alaska: Prohibited Species Catch; Emergency Rule, 47864–47870 State Department NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Surfclam/Ocean Quahog Individual Transferable Quota Submissions, and Approvals: Administration, 47910–47911 Electronic Choice of Address and Agent, 47984–47985 Meetings: Culturally Significant Objects Imported for Exhibition: Hydrographic Services Review Panel, 47910 Design for Eternity—Architectural Models From the Ancient Americas, 47985 National Telecommunications and Information Portrait Head of King Shulgi, 47985 Administration Meetings: International Security Advisory Board, 47984 NOTICES Internet Assigned Numbers Authority Stewardship Trade Representative, Office of Transition Consolidated Proposal and Internet NOTICES Corporation for Assigned Names and Numbers Public Hearings: Accountability Enhancements, 47911–47912 China’s Compliance with WTO Commitments, 47985– 47986 Nuclear Regulatory Commission NOTICES Transportation Department Environmental Assessments; Availability, etc.: See Federal Aviation Administration Entergy Nuclear Operations, Inc.; Vermont Yankee See Pipeline and Hazardous Materials Safety Nuclear Power Station, 47960–47964 Administration

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Treasury Department National Customs Automation Program: See Comptroller of the Currency Automated Commercial Environment Modifications, See Foreign Assets Control Office 47938–47942 See Internal Revenue Service

Reader Aids U.S. Customs and Border Protection Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, and notice Agency Information Collection Activities; Proposals, of recently enacted public laws. Submissions, and Approvals: To subscribe to the Federal Register Table of Contents Canadian Border Boat Landing Permit, 47937–47938 LISTSERV electronic mailing list, go to http:// Guam-CNMI Visa Waiver Information, 47942–47943 listserv.access.gpo.gov and select Online mailing list Charter Renewals: archives, FEDREGTOC-L, Join or leave the list (or change User Fee Advisory Committee, 47943 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

9 CFR Proposed Rules: 201...... 47871 14 CFR Proposed Rules: 39...... 47871 17 CFR 241...... 47829 20 CFR 422...... 47831 24 CFR Proposed Rules: 200...... 47874 32 CFR 238...... 47834 33 CFR 117 (3 documents) ...... 47850, 47851, 47852 147...... 47852 165...... 47855 40 CFR 52 (3 documents) ...... 47857, 47859, 47862 Proposed Rules: 52 (2 documents) ...... 47880, 47883 47 CFR Proposed Rules: 11...... 47886 50 CFR 679...... 47864

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Rules and Regulations Federal Register Vol. 80, No. 153

Monday, August 10, 2015

This section of the FEDERAL REGISTER and protections for individuals to report explained in the adopting release that contains regulatory documents having general possible violations of the federal accompanied the whistleblower rules, applicability and legal effect, most of which securities laws. Generally speaking, the reporting covered by this provision are keyed to and codified in the Code of these incentives and protections take includes ‘‘report[s] to persons or Federal Regulations, which is published under three forms—monetary awards for governmental authorities other than the 50 titles pursuant to 44 U.S.C. 1510. providing information, heightened Commission.’’ 2 But on the other hand, The Code of Federal Regulations is sold by confidentiality assurances, and the employment retaliation protections the Superintendent of Documents. Prices of enhanced employment retaliation afforded to whistleblowers under new books are listed in the first FEDERAL protections. Section 21F could be read as limited to REGISTER issue of each week. In May 2011, the Commission issued only those individuals who provide the legislative rules (‘‘whistleblower rules’’) Commission with information; this is after notice-and-comment rulemaking to because under Section 21F(a)(6) the SECURITIES AND EXCHANGE implement the provisions of Section ‘‘term ‘whistleblower’ means any COMMISSION 21F. The Commission is now issuing individual who provides . . . this interpretive rule to clarify the information relating to a violation of the 17 CFR Part 241 meaning and application of certain of securities laws to the Commission, in a [Release No. 34–75592] those rules. As explained below, an manner established, by rule or individual may qualify as a regulation, by the Commission.’’ Interpretation of the SEC’s whistleblower for purposes of Section (Emphasis added). Whistleblower Rules Under Section 21F’s employment retaliation To resolve this ambiguity, the 21F of the Securities Exchange Act of protections irrespective of whether he or Commission in Rule 21F–2 promulgated 1934 she has adhered to the reporting two separate definitions of procedures specified in Rule 21F–9(a). ‘‘whistleblower.’’ These two definitions AGENCY: Securities and Exchange Rule 21F–2(b)(1) alone governs the apply in different circumstances and Commission. procedures that an individual must each involves its own specified ACTION: Interpretation. follow to qualify as a whistleblower reporting procedures that must be eligible for Section 21F’s employment satisfied in order for an individual to SUMMARY: The Securities and Exchange retaliation protections. qualify under the particular definition. Commission (Commission or SEC) is The first definition, which is set forth in issuing this interpretive rule to clarify II. Interpretation Rule 21F–2(a), mirrors the statutory that, for purposes of the employment When we promulgated our legislative definition of whistleblower. It provides retaliation protections provided by rules to implement the whistleblower in pertinent part that an individual is ‘‘a Section 21F of the Securities Exchange program, we recognized that Section whistleblower if, alone or jointly with Act of 1934 (‘‘Exchange Act’’), an 21F is ambiguous on the issue of the others, [the individual] provide[s] the individual’s status as a whistleblower scope of the employment retaliation Commission with information pursuant does not depend on adherence to the protections afforded thereunder. On the to the procedures set forth in [Rule] reporting procedures specified in one hand, Section 21F(h)(1)(A) includes 21F–9(a).’’ This definition of Exchange Act Rule 21F–9(a), but is a broad catchall provision that prohibits whistleblower applies only to the award determined solely by the terms of an employer from, among other things, and confidentiality provisions of Exchange Act Rule 21F–2(b)(1). retaliating against a whistleblower for Section 21F. DATES: Effective August 10, 2015. ‘‘making disclosures that are required or The second whistleblower definition, FOR FURTHER INFORMATION CONTACT: Jane protected under’’ the Sarbanes-Oxley which is set forth in Rule 21F–2(b)(1), Norberg, Deputy Chief of the Office of Act of 2002, the Exchange Act, 18 U.S.C. provides in pertinent part that, ‘‘[f]or the Whistleblower, Division of 1513(e), ‘‘and any other law, rule, or purposes of the anti-retaliation Enforcement, at (202) 551–4790; Brian regulation subject to the jurisdiction of protections afforded by Section A. Ochs, Senior Special Counsel, Office the Commission.’’ 1 As the Commission 21F(h)(1) of the Exchange Act . . . , [an of the General Counsel, at (202) 551– 5067; Securities and Exchange 1 Section 21F(h)(1)(A) provides as follows: ‘‘(A) In Clause (iii), which is a catchall provision, General. No employer may discharge, demote, provides employment retaliation protection for Commission, 100 F Street NE., suspend, threaten, harass, directly or indirectly, or certain internal reporting at public companies and Washington, DC 20549. in any other manner discriminate against, a for certain disclosures to the U.S. Department of SUPPLEMENTARY INFORMATION: whistleblower in the terms and conditions of Justice by expressly incorporating the ‘‘disclosures employment because of any lawful act done by the that are required or protected under the Sarbanes- I. Background whistleblower—(i) in providing information to the Oxley Act,’’ which includes Sarbanes-Oxley Section Commission in accordance with this section; (ii) in 806. Section 806, in turn, prohibits employment In Section 922 of the Dodd-Frank initiating, testifying in, or assisting in any retaliation against an employee of a public company Wall Street Reform and Consumer investigation or judicial or administrative action of (or a subsidiary thereof) based on certain the Commission based upon or related to such disclosures of securities law violations to ‘‘a person Protection Act, Public Law 111–203, 12 information; or (iii) in making disclosures that are with supervisory authority over the employee (or 4 Stat. 1376, 1841–49 (2010), Congress required or protected under the Sarbanes-Oxley Act such other person working for the employer who amended the Exchange Act to add of 2002 (15 U.S.C. 7201 et seq.), this chapter [i.e., has the authority to investigate, discovery, or Section 21F, 15 U.S.C. 78u-6(h)(1), the Exchange Act], including section 78j–1(m) of terminate misconduct)’’ or to a ‘‘Federal regulatory this title [i.e., Section 10A(m) of the Exchange Act], or law enforcement agency.’’ 15 U.S.C. 1514A(1). entitled ‘‘Securities Whistleblower section 1513(e) of Title 18, and any other law, rule, 2 Securities Whistleblower Incentives and Incentives and Protection.’’ Section 21F or regulation subject to the jurisdiction of the Protections, 76 FR 34300, 34304 (June 13, 2011) established a series of new incentives Commission.’’ (emphasis in original).

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individual is] a whistleblower if . . . the employment retaliation protections and, thus, jeopardize the investor- [the individual] provide[d] that provided by Section 21F, that protection and law-enforcement benefits information in a manner described in construction is not consistent with Rule that can result from internal reporting.8 Section 21F(h)(1)(A) of the Exchange 21F–2 and would undermine our overall Under our interpretation, an individual Act[.]’’ Rule 21F–2(b)(1)(ii). This goals in implementing the who reports internally and suffers definition—unlike the whistleblower whistleblower program. We reach this employment retaliation will be no less definition in Rule 21F–2(a) that applies conclusion for several reasons. protected than an individual who comes to the award and confidentiality First, as the text of Rule 21F–2(b)(1) immediately to the Commission. provisions—does not require reporting states, ‘‘for purposes of Section 21F’s Providing equivalent employment in accordance with Rule 21F–9(a)’s employment retaliation protections,’’ an retaliation protection for both situations procedures. individual qualifies as a whistleblower removes a potentially serious We also adopted Rule 21F–9(a) to entitled to the employment retaliation disincentive to internal reporting by specify the reporting procedures that protection whenever he or she makes employees in appropriate must be followed by an individual who any of the broader array of disclosures circumstances. A contrary interpretation seeks to qualify as a whistleblower specified in Section 21F(h)(1)(A).5 The would undermine the other incentives under Rule 21F–2(a) and thus to be fact that Rule 21F–2(b)(1) expressly and that were put in place through the eligible for an award and the heightened specifically applies in the employment Commission’s whistleblower rules in confidentiality protections. Rule 21F– retaliation context demonstrates that it order to encourage internal reporting.9 9(a) provides in pertinent part that, ‘‘[t]o should control over Rule 21F–9(a).6 be considered a whistleblower under Second, Rule 21F–2(b)(1)(iii) For the foregoing reasons, we are Section 21F . . . , [an individual] must expressly provides that ‘‘[t]he anti- issuing this interpretation to clarify that, submit [his or her] information . . . by retaliation protections apply whether or for purposes of Section 21F’s either of these methods: (1) Online, not [an individual] satisf[ies] the employment retaliation protections, an through the Commission’s Web site . . . requirements, procedures and individual’s status as a whistleblower ; or (2) By mailing or faxing a Form TCR conditions to qualify for an award.’’ As does not depend on adherence to the . . . to the SEC Office of the Rule 21F–2(a)(2) makes plain, the reporting procedures specified in Rule Whistleblower . . . .’’ reporting procedures specified in Rule 21F–9(a). Since our adoption of the 21F–9(a) are among the procedures that List of Subjects in 17 CFR Part 241 whistleblower rules, we have an individual must follow to recover an consistently understood Rule 21F–9(a) award. The contrast between these Securities. as a procedural rule that applies only to provisions further supports our Amendments to the Code of Federal help determine an individual’s status as interpretation that the availability of a whistleblower for purposes of Section employment retaliation protection is not Regulations 21F’s award and confidentiality conditioned on an individual’s provisions.3 Similarly, it has been our For the reasons set out above, the adherence to the Rule 21F–9(a) Commission is amending title 17, consistent view that Rule 21F–2(b)(1) procedures.7 alone controls the reporting methods chapter II of the Code of Federal Finally, our interpretation best Regulations as set forth below: that will qualify an individual as a comports with our overall goals in whistleblower for the retaliation implementing the whistleblower 8 We note that a contrary interpretation would protections. program. Specifically, by providing Notwithstanding our view that Rule also create a two-tiered scheme of employment employment retaliation protections for retaliation protection even as between individuals 21F–2(b)(1) alone controls in the context individuals who report internally first to who report possible securities fraud violations or of determining the relevant reporting a supervisor, compliance official, or violations of SEC rules or regulations to the procedures for an individual to qualify Commission; specifically, if an individual comes other person working for the company as a whistleblower eligible for Section forward to report information to the Commission in that has authority to investigate, a manner other than those specified in Rule 21F’s employment retaliation discover, or terminate misconduct, our 21F–9(a), that individual would not qualify for the protections, the Court of Appeals for the interpretive rule avoids a two-tiered employment retaliation protections of Section 21F. Fifth Circuit expressed some See Section 21F(h)(1)(A)(i) & (ii). But under our structure of employment retaliation uncertainty about this reading in a reading of Section 21F and the whistleblower rules, 4 protection that might discourage some such individuals would be afforded employment recent decision. Although we retaliation protection under the catchall language of appreciate that if read in isolation Rule individuals from first reporting internally in appropriate circumstances Section 21F(h)(1)(A)(iii)—which incorporates the 21F–9(a) could be construed to require protections of Section 806 of the Sarbanes-Oxley Act—irrespective of the fact that they did not that an individual must report to the 5 Commission before he or she will In contrast, Rule 21F–2(a)(2) states that ‘‘[t]o be comply with the technical reporting requirements eligible for an award,’’ an individual must submit of Rule 21F–9(a). qualify as a whistleblower eligible for original information ‘‘to the Commission in 9 See, e.g., Exchange Act Rule 21F–4(c)(3) accordance with the procedures and conditions (providing that an individual who reports internally 3 See generally SEC Staff Report, 2014 Annual described in Rules 21F–4, 21F–8, and 21F–9.’’ can collect a whistleblower award from the Report to Congress on the Dodd-Frank (Emphasis added). In addition, Rule 21F–2(a)(1) Commission if his internal report to the company Whistleblower Program, 19 (available at: http:// specifically cross-references the procedures set or entity results in a successful covered action); www.sec.gov/about/offices/owb/annual-report- forth in Rule 21F–9(a), whereas Rule 21F–2(b)(1) Exchange Act Rule 21F–4(b)(7) (providing that an 2014.pdf) (explaining that from the time it does not contain a similar cross-reference. individual who first reports pursuant to an entity’s promulgated the whistleblower rules, the 6 See, e.g., In re Gulevsky, 362 F.3d 961, 963 (7th internal whistleblower, legal, or compliance Commission has taken the view that the Cir. 2004) (‘‘[W]hen both a specific and a general procedures for reporting allegations of possible employment retaliation protections ‘‘apply not just provision govern a situation, the specific one violations of law and within 120 days reports to the to individuals who report to the SEC but also to controls.’’) (quoting Morales v. Trans World Commission will be treated for purposes of an individuals when they, among other things, report Airlines, Inc., 504 U.S. 374, 384–85, 112 S.Ct. 2031, award as if the submission to the Commission had potential securities law violations internally at 119 L.Ed.2d 157 (1992)). been made at the earlier internal reporting date); public companies’’; also explaining that the 7 We note that, other than Rule 21F–2(b), all of Exchange Act Rule 21F–6(a)(4) (providing that Commission has ‘‘consistently’’ opposed the the other rules that the Commission adopted to when determining the amount of an award, the contrary interpretation). implement the whistleblower program deal Commission will consider as a plus-factor the 4 Asadi v. G.E. Energy (U.S.A.), L.L.C., 720 F.3d exclusively with the award and confidentiality whistleblower’s participation in an entity’s internal 620, 630 (5th Cir. 2013). provisions. compliance procedures).

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PART 241—INTERPRETATIVE RELEASES RELATING TO THE SECURITIES EXCHANGE ACT OF 1934 AND GENERAL RULES AND REGULATIONS THEREUNDER ■ 1. Part 241 is amended by adding Release No. 34–75592 to the list of interpretive releases to read as follows:

Federal Register Subject Release No. Date Vol. and page

******* Interpretation of the SEC’s Whistleblower Rules 34–75592 Aug. 4, 2015 ...... [Insert FR Volume Number] FR [Insert FR Page under Section 21F of the Securities Exchange Number]. Act of 1934.

By the Commission. Boulevard, Baltimore, MD 21235–6401, application procedures is easily Dated: August 4, 2015. (410) 966–5665. For information on available to applicants on our Internet Brent J. Fields, eligibility or filing for benefits, call our site and at our offices nationwide. Secretary. national toll-free number, 1–800–772– We are also revising 20 CFR 422.107 [FR Doc. 2015–19508 Filed 8–7–15; 8:45 am] 1213 or TTY 1–800–325–0778, or visit to remove the word ‘‘documentary’’ from our description of evidence BILLING CODE 8011–01–P our Internet site, Social Security Online, at http://www.socialsecurity.gov. required to obtain an original or SUPPLEMENTARY INFORMATION: The use of replacement SSN card. In order to obtain a new or replacement card, SOCIAL SECURITY ADMINISTRATION the SSN is widespread in today’s society. It is necessary for employment, applicants may provide or we may 20 CFR Part 422 to record properly a person’s wages and obtain evidence to establish eligibility the taxes paid on those wages, to collect and identity through data matches or [Docket No. SSA–2014–0042] Social Security benefits, and to receive other agreements with government RIN 0960–AH68 many other government services. agencies or other entities that we Commercial organizations, such as determine can provide us with Social Security Number Card banks and credit companies, also ask appropriate and secure verification of Applications individuals for their SSNs for many the applicant’s true identity and other business transactions. Because of this eligibility factors. These changes will AGENCY: Social Security Administration. widespread use, the issuance of original provide us the flexibility to adapt our ACTION: Final rule. and replacement SSN cards is one of our SSN application process as necessity and technology allow. SUMMARY: This final rule adopts the most requested services. notice of proposed rulemaking (NPRM) Currently, a person can apply for an We are developing and will release— we published in the Federal Register on SSN by completing Form SS–5 and via a gradual, state-by-state rollout—a February 26, 2015. This rule revises our submitting it, in person or via mail, to new online application that will allow regulations to allow applicants for a his or her local field office (FO) or a adult U.S. citizens who are not reporting Social Security number (SSN) card to Social Security Card Center, or by any changes to their record (for apply by completing a prescribed having one of our representatives file an example, name or date of birth) to apply application and submitting the required application electronically through the for replacement SSN cards evidence. We are also removing the Social Security Number Application electronically online after registering word ‘‘documentary’’ from our Process during an in-office interview. through the my Social Security portal. description of certain evidence The applicant must also present, or mail Eligible individuals would also be requirements and replacing in, supporting documentary evidence. required to have a U.S. mailing address, ‘‘Immigration and Naturalization To ensure that our regulations support (including Air/Army Post Office and Service’’ with ‘‘Department of the development of convenient and Fleet Post Office) and a valid U.S. state- Homeland Security’’ to reflect that efficient electronic service delivery issued driver’s license or U.S. state- agency’s creation. These changes will options, we are updating 20 CFR issued identity card. provide more flexibility in the ways in 422.103 and 422.110 to remove the Our new electronic SSN replacement which the public may request SSN cards requirement that an individual who card application will expand our service and allow us to implement an online seeks a replacement SSN card must file options to meet the varied needs of the SSN replacement card application an application at any Social Security public in a cost-efficient and system. office. We are also removing references environmentally responsible way, while to Form SS–5 and replacing it with the maintaining the security and integrity of DATES: This rule is effective September term ‘‘prescribed application.’’ A the SSN replacement card issuance 9, 2015. prescribed application would simply be process. The application will allow FOR FURTHER INFORMATION CONTACT: the application form—whether a paper customers to complete a request for a Arthur LaVeck, Office of Retirement and form, an online application, or some replacement SSN card at any time, Disability Policy, Office of Income other method—that we determine to be without the need to travel, sometimes Security Programs, Social Security most efficient and user-friendly at any long distances, to apply in person. We Administration, 6401 Security given time. Information about also anticipate that this initiative will

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contribute to shorter wait times for we have developed a number of online Department of Homeland Security’s individuals who choose to visit an FO applications that allow members of the United States Computer Emergency for service. public to apply for benefits or conduct Readiness Team, and various law We are also making a technical other business with us through Internet- enforcement agencies to address cyber change to § 422.107(e)(1) to replace based applications. When we design threats. references to the ‘‘Immigration and these Internet-based applications, we In the event that we detect suspicious Naturalization Service’’ with take a number of steps to ensure that the activity, we will refer the customer to ‘‘Department of Homeland Security’’ to data provided to us is secure. Since May the local Social Security office for in- reflect that agency’s restructuring in 2012, we have allowed the electronic person assistance. 2003. This is not a substantive change, exchange with individuals of their own Evidentiary Requirements and Removal but merely makes our rules consistent personal information for their own of the Word ‘‘Documentary’’ with the current organizational structure exclusive use through our my Social of the government. Security portal without any breach to Comment: Four individuals specifically stated their support for the Public Comments our data. We use a multi-layered security framework, redundant removal of the word ‘‘documentary’’ On February 26, 2015, we published processes, and specialized technologies from 20 CFR 422.107 and the flexibility an NPRM in the Federal Register at 80 to ensure the security of the data we it would provide us for appropriately FR 10432 and provided a 60-day receive. In addition, we constantly and securely verifying applicants’ true comment period. We received 17 monitor all online activity to ensure identity and other eligibility factors. comments on the proposed rule.1 We proper use of agency Web sites, portals, Other commenters expressed unease present all of the views received and and applications. In the event we about the possibility of fraud resulting address all of the relevant and identify any suspicious activity, we take from the removal of the word significant issues raised by the prompt and aggressive steps to ‘‘documentary.’’ Of those who expressed commenters. We carefully considered quarantine the activity and mitigate any unease, some of the commenters were the concerns expressed in these risks to our systems or personal records. concerned about how the public would comments. We have made no changes to We also take our fraud prevention ‘‘interpret’’ removing the word the proposed regulatory language based responsibility very seriously. We verify ‘‘documentary’’ and what it ‘‘impli[es]’’ on the comments we received. customer identity using information about the evidence we require in order available via a variety of data sources to to obtain an original or replacement Online SSN Replacement Card card. Other commenters were concerned Applications ensure that all online communication is with the proper individual. We are fully that illegal immigrants would be able to Commenters overwhelmingly compliant with the Office of obtain SSNs by providing false supported our initiative to allow for Management and Budget’s (OMB) e- information, were unsatisfied with the electronic applications for replacement authentication guidance for Federal evidence of identity required under SSN cards. Many discussed how the agencies and the National Institute of § 422.107(c), or suggested that no child initiative would provide greater access Standards and Technology’s (NIST) should get a card without appearing in to those who need to travel long electronic authentication guidelines.2 In person. distances to reach their local FOs. Most addition to our adherence to the OMB Response: Our proposed rule did not also wrote about how the initiative and NIST controls, we operate under a change the evidentiary requirements would simplify and speed up the multi-layered security approach that needed to obtain an original or process of applying for replacement provides due diligence for the users of replacement SSN card but simply provided us and the public with SSN cards and would reduce processing my Social Security. Included in our different options for verifying an time and repeated trips to FOs due to approach is an authentication risk applicant’s true identity and other inadvertent mistakes, such as missing or assessment process established by eligibility factors, as appropriate. We incorrect identification. OMB’s guidance, that determines the will continue to require the same At the same time, most commenters appropriate level of assurance for all of evidence to establish citizenship, age, emphasized the need to ensure the our electronic transactions. Once we and identity in order to obtain a new or security of data during the SSN determine the appropriate level of replacement SSN card. Under our new replacement card online application assurance needed for each transaction, rules, applicants may provide, or we process. Specifically, commenters we determine the technology and may obtain, this evidence through data expressed concerns regarding hacking, authentication strategy. This strategy matches or other agreements with identity theft, and fraud prevention. may include sending a written Response: We understand the government agencies or other entities notification to the verified address for extraordinary breadth and sensitivity of that we determine can provide us with everyone who creates a my Social the personally identifiable information appropriate and secure verification of Security account. we possess in our systems and we have We employ a dynamic enterprise- the applicant’s true identity and other always taken our responsibility for wide cyber security program and eligibility factors. Removal of the word protecting that information very leverage a defense-in-depth strategy. We ‘‘documentary’’ does not imply any seriously. Over the past several years, work diligently to detect attacks, modification to the evidentiary identify suspicious activities, and requirements established in § 422.107, 1 The electronic rulemaking docket for this rule systematically respond to software and nor should it result in any interpretation (available at: http://www.regulations.gov/ other than the plain language in that #!docketDetail;D=SSA-2014-0042) indicates that we hardware vulnerabilities as they are received 205 comments on the proposed rule. Of identified. We collaborate with White section. We process the vast majority of those 205 comments, 188 were not relevant to this House national security staff, the rulemaking proceeding. These comments came from original SSN applications for children Federal Chief Information Officer, the an individual who submitted personal documents as part of the official birth registration and complained about a non-Social Security-related matter. We have not included these 188 comments 2 OMB M–04–04, E-Authentication Guidance for process described in § 422.103(a)(2) that in the electronic rulemaking docket and have not Federal Agencies; NIST Special Publication 800 63– generally takes place at a U.S. hospital responded to them here. 2, Electronic Authentication Guideline. shortly after a child’s birth. While we

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may not require a child to visit a Social Regulatory Flexibility Act § 422.103 Social security numbers. Security office in the few instances We certify that this final rule would * * * * * when we do not assign an SSN through not have a significant economic impact (b) Applying for a number—(1) the birth registration process, we follow on a substantial number of small entities Application. An individual needing a robust evidence review and verification because it would affect individuals Social Security number may apply for policies in our SSN issuance process for only. Therefore, a regulatory flexibility one by completing a prescribed children. When we do not assign SSNs analysis is not required under the application and submitting the required for children as part of the official birth Regulatory Flexibility Act, as amended. evidence. An individual outside the registration process, the parent or United States (U.S.) may apply for a proper applicant must submit evidence Paperwork Reduction Act Social Security number card at the about the child to satisfy the same Although the regulatory changes Department of Veterans Affairs Regional requirements as adults. In addition, the described below are not subject to OMB Office, Manila, Philippines, at any U.S. proper applicant must establish clearance under the Paperwork Foreign Service post, or at a U.S. relationship to and custody or Reduction Act (PRA), the new electronic military post outside the United States. responsibility for the child, and must SSN replacement card application will (See § 422.106 for special procedures for submit evidence of his or her own require OMB PRA approval. We sought filing applications with other identity. We visually inspect all public comment in two separate PRA government agencies.) Additionally, a evidence for authenticity. In addition, Federal Register Notices (FRN) for the U.S. resident may apply for a Social under the Intelligence Reform Terrorism new electronic process under OMB No. Security number for a nonresident and Prevention Act of 2014 we must 0960–0066 (the first Notice published dependent when the number is verify U.S. birth records with the on 04/30/15 at 80 FR 24307, and the necessary for U.S. tax purposes or some custodian of the record before we second Notice published on 06/29/15 at other valid reason, the evidence process the SSN application.3 We verify 80 FR 37033). We completed the PRA requirements of § 422.107 are met, and immigration documents directly with OMB clearance process by submitting we determine that a personal interview the Department of Homeland Security if the documentation to OMB on 06/29/15, with the dependent is not required. the child is a non-citizen. and we will wait for OMB’s approval (2) Birth registration document. We may enter into an agreement with Replacing Reference to Immigration before we implement the electronic SSN officials of a State, including, for this and Naturalization Service With replacement card application. The purpose, the District of Columbia, Department of Homeland Security public had an opportunity to review and comment on the electronic SSN , Guam, the U.S. Virgin Comment: One commenter stated a replacement card application through Islands, and New York City, to establish, concern with our updating 20 CFR those FRNs. as part of the official birth registration 422.107(e)(1) to replace references to process, a procedure to assist us in Immigration and Naturalization Service (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security— assigning Social Security numbers to (INS) with Department of Homeland Disability Insurance; 96.002, Social newborn children. Where an agreement Security (DHS) and requested a greater Security—Retirement Insurance; 96.004, is in effect, a parent, as part of the explanation as to why there is a need to Social Security Survivors Insurance; 96.006, official birth registration process, need do so. Supplemental Security Income; 96.020, not complete a prescribed application Response: We have not made any Special Benefits for Certain World War II and may request that we assign a Social changes to the proposed rule in Veterans.) Security number to the newborn child. response to this comment. Section List of Subjects in 20 CFR Part 422 (3) Immigration form. We may enter 422.107(e)(1) of our current regulations into an agreement with the Department discusses what evidence we will accept Administrative practice and of State (DOS) and the Department of to verify alien status, specifically procedure, Organization and functions Homeland Security (DHS) to assist us by evidence issued by the Immigration and (Government agencies), Reporting and collecting enumeration data as part of Naturalization Service in accordance recordkeeping requirements, Social the immigration process. Where an with that agency’s regulations. On security. agreement is in effect, an alien need not March 1, 2003, pursuant to the Dated: August 5, 2015. complete a prescribed application and Homeland Security Act of 2002, the Carolyn W. Colvin, may request, through DOS or DHS, as pertinent functions of the former INS Acting Commissioner of Social Security. part of the immigration process, that we were transferred to the newly formed For the reasons set out in the assign a Social Security number and DHS. We are not changing the evidence issue a Social Security number card to we require, but are simply updating the preamble, we amend 20 CFR chapter III, part 422, subpart B as set forth below: him or her. An alien will request the name of the agency responsible for assignment of a Social Security number issuing the evidence to applicants. PART 422—ORGANIZATION AND through this process in the manner Regulatory Procedures PROCEDURES provided by DOS and DHS. (c) How numbers are assigned—(1) Executive Order 12866, as Subpart B—General Procedures Application. If you complete a Supplemented by Executive Order prescribed application, we will require 13563 ■ 1. The authority citation for subpart B you to furnish evidence, as necessary, to We consulted with the Office of of part 422 continues to read as follows: assist us in establishing your age, U.S. Management and Budget (OMB) and Authority: Secs. 205, 232, 702(a)(5), 1131, citizenship or alien status, true identity, determined that this final rule meets the and 1143 of the Social Security Act (42 and previously assigned Social Security criteria for a significant regulatory U.S.C. 405, 432, 902(a)(5), 1320b–1, and number(s), if any. (See § 422.107 for action under Executive Order 12866, as 1320b–13), and sec. 7213(a)(1)(A) of Pub. L. evidence requirements.) We may require supplemented by Executive Order 108–458. you to undergo a personal interview 13563, and was reviewed by OMB. ■ 2. Amend § 422.103 by revising before we assign a Social Security paragraphs (b), (c)(1), and (e)(1) to read number. If you request evidence to show 3 Public Law 108–458, 118 Stat. 3638. as follows: that you have filed a prescribed

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application for a Social Security number process described in § 422.103(b)(3). We except as provided in paragraph (b) of card, we may furnish you with a receipt may require an in-person interview of this section. You must prove your or equivalent document. We will other applicants. All paper or other identity, and you may be required to electronically screen the data from the tangible documents submitted as provide other evidence. (See § 422.107 prescribed application against our files. evidence must be originals or copies of for evidence requirements.) You may If we find that you have not been the original documents certified by the complete a request for change in records assigned a Social Security number custodians of the original records and in the manner we designate, including previously, we will assign one to you are subject to verification. We may also at any Social Security office, or, if you and issue a Social Security number verify your eligibility factors, as are outside the U.S., to the Department card. However, if we find that you have described in paragraphs (b) through (e) of Veterans Affairs Regional Office, been assigned a Social Security number of this section, through other means, Manila, Philippines, or to any U.S. previously, we will issue a replacement including but not limited to data Foreign Service post or U.S. military Social Security number card. matches or other agreements with post. If your request is for a change of * * * * * government agencies or other entities name on the card (that is, verified legal (e) Replacement of Social Security that we determine can provide us with changes to the first name or surname, or number card—(1) When we may issue appropriate and secure verification of both), we may issue you a replacement you a replacement card. We may issue your eligibility factors. Social Security number card bearing the you a replacement Social Security * * * * * same number and the new name. We number card, subject to the limitations (c) Evidence of identity. (1) If you will grant an exception to the in paragraph (e)(2) of this section. You apply for an original Social Security limitations specified in § 422.103(e)(2) must complete a prescribed application number or a replacement Social for replacement Social Security number to receive a replacement Social Security Security number card, you are required cards representing a change in name or, number card. We follow the evidence to submit convincing evidence of your if you are an alien, a change to a requirements in § 422.107 when we identity. Evidence of identity may restrictive legend shown on the card. issue you a replacement Social Security consist of a driver’s license, (See § 422.103(e)(3) for the definition of number card. identification card, school record, a change to a restrictive legend.) * * * * * medical record, marriage record, * * * * * ■ 3. Amend § 422.107 by: passport, Department of Homeland [FR Doc. 2015–19568 Filed 8–7–15; 8:45 am] ■ a. Revising paragraphs (a) and (c); Security document, or other similar BILLING CODE 4191–02–P ■ b. In paragraph (e)(1), removing each evidence serving to identify you. The instance of ‘‘Immigration and evidence must contain sufficient Naturalization Service’’ and adding in information to identify you, including DEPARTMENT OF DEFENSE its place, ‘‘Department of Homeland your name and: Security’’; and (i) Your age, date of birth, or parents’ Office of the Secretary ■ c. Revising paragraph (g). names; or The revisions read as follows: (ii) Your photograph or physical 32 CFR Part 238 description. § 422.107 Evidence requirements. (2) A birth record is not sufficient [Docket ID: DOD–2012–OS–0075] (a) General. To obtain an original evidence to establish identity for these RIN 0790–AI90 Social Security number card, you must purposes. submit convincing evidence of your age, * * * * * DoD Assistance to Non-Government, U.S. citizenship or alien status, and true (g) Inability to verify eligibility factors. Entertainment-Oriented Media identity, as described in paragraphs (b) We will not issue an original or Productions through (e) of this section. If you apply replacement Social Security number AGENCY: Office of the Assistant to the for a replacement Social Security card when you present invalid or Secretary of Defense for Public Affairs, number card, you must submit expired documents or when we are DoD. convincing evidence of your true unable to verify the required evidence ACTION: identity, as described in paragraph (c) of through other means, as described in Final rule. this section, and you may also be paragraph (a) of this section. Invalid SUMMARY: This rule establishes policy, required to submit convincing evidence documents are either forged documents assigns responsibilities, and prescribes of your age and U.S. citizenship or alien that supposedly were issued by the procedures for DoD assistance to non- status, as described in paragraphs (b), custodian of the record, or properly Government entertainment media (d), and (e) of this section. If you apply issued documents that were improperly productions such as feature motion for an original or replacement Social changed after they were issued. An pictures, episodic television programs, Security number card, you are also expired document is one that was valid documentaries, and computer-based required to submit evidence to assist us for only a limited time and that time has games. This rule provides for oversight in determining the existence and passed. of production assistance decisions at identity of any previously assigned ■ 4. Amend § 422.110 by revising centralized and senior levels of DoD to Social Security number(s). We will not paragraph (a) to read as follows: ensure consistency of approach among assign a Social Security number or issue DoD and Service components with an original or replacement card unless § 422.110 Individual’s request for change in record. respect to support for entertainment we determine that you meet all of the media productions, including evidence requirements. We require an (a) Application. If you wish to change documentaries. in-person interview if you are age 12 or the name or other personal identifying older and are applying for an original information you previously submitted DATES: This rule is effective September Social Security number, unless you are in connection with an application for a 9, 2015. an alien who requests a Social Security Social Security number card, you must FOR FURTHER INFORMATION CONTACT: number as part of the immigration complete a prescribed application, Philip M. Strub, (703) 695–2936.

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SUPPLEMENTARY INFORMATION: sample production assistance created by the Department of Defense, it agreements provide for the production is free from copyright, and production Executive Summary company to indemnify and hold companies must respect this principle. I. Purpose harmless the DoD for claims arising This ensures that taxpayers receive the DoD is updating its policy for support from the production company’s greatest return from DoD’s efforts to possession or use of DoD property or to entertainment-oriented media support non-government productions. other assistance in connection with the productions, including documentaries. production. Support to non-government Response: With respect to stock The increased and higher-level entertainment media may be provided footage created by DoD, any oversight is required to eliminate based on a number of factors: whether entertainment filmmaker who seeks to inconsistencies and ambiguities in the production presents a reasonably use such material—for documentaries or guidance for and supervision of DoD realistic depiction of the Military otherwise—can obtain such material activities to ensure common standards Services and the DoD, whether the directly from DoD. Moreover, the nature are met in providing support, and that production is informational and of a copyright infringement action itself production support is appropriate. The considered likely to contribute to public would require the claimant to rule also includes two DoD Production understanding of the Military Services demonstrate its ownership of an Assistance Agreements (PAA) as and the DoD, or whether the production exclusive right in the copyrighted work samples. These documents explain the may benefit Military Service recruiting that is allegedly infringed, which would terms under which DoD provides and retention programs. not be possible for such stock footage assistance to production companies for projects that have been approved for Retrospective Review that is a work of the U.S. Government. For these reasons, further revision of DoD support. The revisions to this rule will be this rule in response to this comment is reported in future status updates as part II. Summary of the Major Provisions of unnecessary. This Regulatory Action of DoD’s retrospective plan under Executive Order 13563 completed in Regulatory Procedures (a) This rule includes documentaries August 2011. DoD’s full plan can be within the category of non-government, accessed at: http://www.regulations.gov/ Executive Order 12866, ‘‘Regulatory entertainment-oriented media #!docketDetail;D=DOD-2011-OS-0036. Planning and Review’’ and Executive productions and requires approval of Order 13563, ‘‘Improving Regulation production assistance for such Public Comments and Regulatory Review’’ entertainment-oriented media The Department of Defense published productions at the DoD level vice the a proposed rule in the Federal Register Executive Orders 13563 and 12866 Service level. on September 17, 2014 (79 FR 55679– direct agencies to assess all costs and (b) This rule includes two sample 55687) for a 60-day public comment benefits of available regulatory DoD Production Assistance Agreements period. One public comment was alternatives and, if regulation is (PAAs), one for documentary received. necessary, to select regulatory productions and one for all other Comment: The Department of approaches that maximize net benefits entertainment media productions. This Defense’s support for private (including potential economic, rule also assigns the authority for entertainment productions is a great environmental, public health and safety signing both types of agreements to the program that improves citizens’ effects, distributive impacts and equity). Assistant to the Secretary of Defense for understanding of the military with little Executive Order 13563 emphasizes the Public Affairs (ATSD(PA)), or the expense to the government, and benefits importance of quantifying both costs ATSD(PA)’s designee. America’s entertainment industry. and benefits, reducing costs, (c) This rule addresses how military However, for any public-private harmonizing rules, and promoting personnel may appear in entertainment partnership, it is important that the flexibility. This rule has been government’s contribution (be it in media. This rule requires the written determined to be a significant regulatory money, services or assets) benefit the permission of the Assistant to the action, although not economically Secretary of Defense for Public Affairs public to the greatest extent possible, significant, under section 3(f) of (or his/her designee) in order for active and not just the private partner. Executive Order 12866. Accordingly, duty military personnel to serve as Accordingly, the Department of Defense the rule has been reviewed by the Office actors in significant roles and in roles should include guidance on the beyond the scope of their normal duties. copyright relating to DoD-supported of Management and Budget (OMB). productions in its policy on assistance III. Costs and Benefits of This Sec. 202, Pub. L. 104–4, ‘‘Unfunded to non-government, entertainment- Mandates Reform Act’’ Regulatory Action oriented media production. In First, the support and assistance to particular, works of the United States Section 202 of the Unfunded non-government entertainment media government are not subject to copyright Mandates Reform Act of 1995 (UMRA) productions will be at no additional cost (17 U.S. Code 105). This includes stock (Pub. L. 104–4) requires agencies to to the government and taxpayers. Once footage or other creative content made assess anticipated costs and benefits DoD has agreed with a production by DoD that might be provided to a before issuing any rule whose mandates company to provide production production company under this require spending in any 1 year of $100 assistance and the parties have signed a program. Accordingly, DoD should million in 1995 dollars, updated Production Assistance Agreement, obtain a commitment from companies it annually for inflation. In 2014, that operations, and maintenance, supply assists that the company will not threshold is approximately $141 and equipment costs incurred by DoD erroneously pursue copyright million. This document will not (collectively) as a direct consequence of infringement remedies against citizens mandate any requirements for State, providing support will be reimbursed by who extract and use such footage from local, or tribal governments, nor will it the non-government entertainment copyrighted content. Insofar as a affect private sector costs. production company. Additionally, the fragment of video or audio is entirely

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Public Law 96–354, ‘‘Regulatory pictures, episodic television programs, (d) Official activities of Service Flexibility Act’’ (5 U.S.C. 601) documentaries, and electronic games. personnel in assisting the production; We certify this final rule will not have use of official DoD property, facilities, § 238.2 Applicability. and material; and employment of a significant economic impact on a This part: substantial number of small entities Service members in an off-duty, non- (a) Applies to the Office of the official status will be in accordance with because the entities who receive Secretary of Defense, the Military production assistance are those who the procedures in this part. Departments, the Office of the Chairman (e) Footage shot with DoD assistance affirmatively request it, and therefore, of the Joint Chiefs of Staff and the Joint interact with DoD solely on a voluntary and official DoD footage released for a Staff, the combatant commands, the specific production will not be reused basis. Therefore, the Regulatory Office of the Inspector General of the Flexibility Act, as amended, does not for or sold to other productions without Department of Defense, the Defense Department of Defense approval. require us to prepare a regulatory Agencies, the DoD Field Activities, and flexibility analysis. all other organizational entities within § 238.5 Responsibilities. Public Law 96–511, ‘‘Paperwork the Department of Defense (referred to (a) The Assistant to the Secretary of Reduction Act’’ (44 U.S.C. Chapter 35) collectively in this part as the ‘‘DoD Defense for Public Affairs (ATSD(PA)) Components’’). will serve as the sole authority for This final rule does not create any (b) Does not apply to productions that new or affect any existing collections, approving DoD assistance, including are intended to inform the public of fast- DoD involvement in marketing and and therefore, does not require OMB breaking or developing news stories. approval under the Paperwork publicity, to non-Government Reduction Act. § 238.3 Definitions. entertainment-oriented media. The Unless otherwise noted, this term and ATSD(PA) will make DoD Executive Order 13132, ‘‘Federalism’’ its definition are for the purposes of this commitments, in consultation with the Executive Order 13132 establishes part. Heads of the Military Components, only certain requirements that an agency Assistance (as in ‘‘DoD Assistance to after: must meet when it promulgates a Non-Government, Entertainment- (1) The script, treatment, or narrative proposed rule (and subsequent final Oriented Media Productions’’). The description is found to qualify in rule) that imposes substantial direct variety of support that the DoD can accordance with the general principles requirement costs on State and local provide. The assistance ranges from in § 238.4(a). governments, preempts State law, or supplying technical advice during script (2) The support requested is otherwise has Federalism implications. development, to allowing access to determined to be feasible. This rule will not have a substantial military installations for production. (3) For episodic television, motion effect on the States; the relationship pictures, and other nondocumentary between the National Government and § 238.4 Policy. entertainment media productions, the the States; or the distribution of power It is DoD policy that: producer has an acceptable public and responsibilities among the various (a) DoD assistance may be provided to exhibition agreement with a recognized levels of Government. an entertainment media production, to exhibition entity (i.e., studio or include fictional portrayals, when network), and the capability to complete List of Subjects in 32 CFR Part 238 cooperation of the producers with the the production (i.e., completion bond or Entertainment, Media productions, Department of Defense benefits the other industry-recognized guarantor of Documentaries. Department of Defense, or when such completion, such as the commitment of For the reasons set forth in the cooperation would be in the best a major studio or other source of preamble, DoD adds 32 CFR part 238 to interest of the Nation based on whether financial commitment). For read as follows: the production: documentaries, the producer has (1) Presents a reasonably realistic indicated a clear capability to complete PART 238—DoD ASSISTANCE TO depiction of the Military Services and the production. NON-GOVERNMENT, the Department of Defense, including (b) The Heads of the Military ENTERTAINMENT-ORIENTED MEDIA Service members, civilian personnel, Components will develop procedures PRODUCTIONS events, missions, assets, and policies; for implementing this part and will (2) Is informational and considered ensure that the requirements of this part Sec. likely to contribute to public are met. 238.1 Purpose. understanding of the Military Services 238.2 Applicability. and the Department of Defense; or § 238.6 Procedures. 238.3 Definitions. (3) May benefit Military Service (a) General. (1) The producer will be 238.4 Policy. recruiting and retention programs. required to sign a written Production 238.5 Responsibilities. Assistance Agreement (see appendices 238.6 Procedures. (b) DoD assistance to an Appendix A to Part 238—Sample Production entertainment-oriented media A and B of this part for sample Assistance Agreement production will not deviate from documents), explaining the terms under Appendix B to Part 238—Sample established DoD safety and which DoD’s production assistance is Documentary Production Assistance environmental standards, nor will it provided, with the designee of the Agreement impair the operational readiness of the Assistant to the Secretary of Defense for Authority: 10 U.S.C. 2264; 31 U.S.C. 9701. Military Services. Diversion of Public Affairs, and may be required to equipment, personnel, and material post advance payment or a letter of § 238.1 Purpose. resources will be kept to a minimum. credit issued by a recognized financial This part establishes policy, assigns (c) The production company will institution to cover the estimated costs responsibilities, and prescribes reimburse the Government for any before receiving DoD assistance. procedures for DoD assistance to non- expenses incurred as a result of DoD (2) Official activities of Service Government entertainment media assistance rendered in accordance with members in assisting the production productions such as feature motion the procedures in this part. must be within the scope of normal

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military activities. On-duty service research queries for technical research, letter to the production company stating members and DoD civilians are and interviews with technical experts. reasons for disapproval. prohibited from serving as actors, such However, the Military Departments (3) Role of the DoD project officer. (i) as by speaking filmmaker-invented, or providing such assistance are required When production assistance has been scripted dialogue, unless approved in to coordinate with and update approved, the Military Components will writing by the ATSD(PA) or his or her OATSD(PA) of the status of such assign a project officer (commissioned, designee. With the exception of projects. Military Components will non-commissioned, or civilian) who assigned project officer(s) and technical refrain from making commitments and will be designated by OATSD(PA) as the advisor(s), Service members and DoD rendering official DoD opinions until principal DoD liaison to the production civilians will not be assigned to perform first coordinating through appropriate company. The DoD project officer will functions outside the scope of their channels to obtain OATSD(PA) at a minimum: normal duties. concurrence in such actions. (A) Act as liaison between the (3) Official personnel services and (ii) Production company officials production company and the Secretaries DoD material will not be employed in requesting DoD assistance will submit a of the Military Departments and such a manner as to compete directly completed script (or a treatment or maintain contact with OATSD(PA) with commercial and private narrative description for through appropriate channels. In this enterprises. DoD assets may be provided documentaries), along with a list of regard, the project officer will serve as when similar civilian assets are not desired support. If a definitive list is not the central coordinator for billing the reasonably available. available when the script is initially producer and monitoring payments to (4) The production company may hire submitted, requirements should be the Government. (See paragraph (d) of Service members in an off-duty, non- stated in general terms at the outset. this section for billing procedures.) official status to perform as extras or However, no DoD commitment will be (B) Advise the production company actors in minor roles, etc., provided made until the detailed list of support on technical aspects and arrange for there is no conflict with any existing requested has been reviewed and information necessary to ensure Service regulation. In such cases, deemed to be feasible. reasonably accurate and authentic contractual arrangements are solely portrayals of the Department of Defense. (iii) OATSD(PA) will coordinate the between those individuals and the (C) Maintain liaison with units and review of scripts, treatment, or narrative production company; however, payment commands providing assistance to description submitted for production should be consistent with current ensure timely arrangements consistent assistance consideration. The industry standards. The producer is with the approved support. responsible for resolving any disputes coordinated review will include each (D) Coordinate with installations or with unions governing the hiring of Military Service depicted in the script. commands that intend to provide non-union actors and extras. Service Although no commitment for assisting support to the production to ensure that members accepting such employment in the production is implied, no material assistance is provided will comply with the standards of OATSD(PA) may provide, or authorize before a Production Assistance conduct in DoD Directive 5500.07, the Military Services to provide, further Agreement is signed by both DoD and ‘‘Standards of Conduct’’ (available at guidance and suggestions for changes the production company. http://www.dtic.mil/whs/directives/ that might resolve problems that would (E) When DoD assistance to the corres/pdf/550007p.pdf). The Heads of prevent DoD assistance. production requires the production the Components may assist the (2) Production assistance notification. company to reimburse the Government production company in publicizing the Upon reviewing the recommendations for additional expenses, develop an opportunity for employment and in of the Military Components concerned, estimate of expenses based on the identifying appropriate personnel. the ATSD(PA) will determine whether a assistance requested, and ensure that (5) The production company will given production meets the DoD criteria these are reflected in the Production restore all Government property and for support and if the support requested Assistance Agreement. facilities used in the production to the is feasible. If both requirements are (F) Coordinate with each installation same or better condition as when they satisfied, the ATSD(PA) will notify in or command providing assets to the were made available for the company’s writing the production company production to ensure the production use. This includes cleaning the site and concerned, advising it that the company receives accurate and prompt removing trash. Department of Defense has approved statements of charges assessed by the (6) The DoD project officer, described DoD production assistance and Government and that the Government in paragraph (b)(3) of this section, may identifying the DoD project officer receives sufficient payment for any make DoD motion and still media tasked with representing the additional expenses incurred to support archival materials available when a Department of Defense throughout the the production. production qualifies for assistance in production process. On a case-by-case (G) For project officers assigned to a accordance with the general principles basis, the ATSD(PA) may choose to documentary or a non-documentary in § 238.4(a). delegate the responsibility of signing the television series, maintain close liaison (b) Specific procedures—(1) Script Production Assistance Agreement on with the producer(s) and writers in development and review. (i) Before a behalf of DoD to the designated DoD developing story outlines. All story producer officially submits a project to project officer or other DoD official ideas considered for further the Office of the Assistant to the responsible for coordinating production development by the production Secretary of Defense for Public Affairs assistance. If so, this decision would be company should be submitted to (OATSD(PA)), the Military Components included in the notification letter. If OATSD(PA) to provide the earliest are authorized to assist entertainment- production assistance is approved for opportunity for appraisal. oriented media producers, scriptwriters, only a portion of the proposed project, (ii) When considered to be in the best etc., in their efforts to develop a script the written notification shall clearly interest of the Department of Defense, that might ultimately qualify for DoD describe the portion(s) approved. If the assigned project officer may provide assistance. Such activities could include assistance is not approved, ATSD(PA) or ‘‘on-scene’’ assistance to the production guidance, suggestions, answers to the ATSD(PA)’s designee will send a company. Military or civilian technical

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advisor(s) may also be required. In such the written consent of DoD personnel with industry customs and practices, cases: who may be recorded, photographed, or and will be of the same size and font (A) Assignment will be at no filmed by the production company, used for other similar credits in the end additional cost to the Government. The including when the production titles. production company will assume company uses the personally identifying (3) Requests for promotional payment of such items as travel (air, information (PII) of DoD personnel. The assistance. Pursuant to DoD Directive rental car, reimbursement for fuel, etc.) likeness of DoD personnel in any 5122.05, ‘‘Assistant Secretary of Defense and per diem (lodging, food and imagery is included in the meaning of for Public Affairs’’ (available at http:// incidentals). PII. If the recording or imagery captures www.dtic.mil/whs/directives/corres/pdf/ (B) Assignment should be for the medical treatment being performed on 512205p.pdf), the ATSD(PA) is the final length of time required to meet DoD personnel, the project officer shall authority for military participation in preproduction requirements through require the production company to gain public events, including participation in completion of photography. When written consent from such DoD promotional events for entertainment feasible, assignment may be extended to personnel. In the case of DoD personnel media productions. The production cover post-production stages and site who are deceased or incapacitated, the company will forward requests for clean-up. project officer shall require the promotional assistance to OATSD(PA) (iii) Additional project officer production company to gain written in sufficient detail to permit a complete responsibilities, when considered to be consent from the next of kin of the evaluation. in the best interest of the Department of deceased or incapacitated DoD (4) Publicity photos and promotional Defense, will include: personnel. material. The production company will (A) Supervising the use of DoD (c) Production company procedures— provide DoD with copies of all equipment, facilities, and personnel. (1) Review of productions. When DoD promotional and marketing materials (B) Attending pertinent preproduction assistance has been provided to a non- (e.g., electronic press kits, one-sheets, and production conferences, being documentary production, the and television advertisements) for available during rehearsals to provide production company must arrange for internal information and historical technical advice, and being present an official DoD screening in purposes in documenting DoD during filming of all scenes pertinent to Washington, DC, or at another location assistance to the production. the Department of Defense. agreeable to OATSD (PA), before the (5) Copies of completed production. (C) Ensuring proper selection of production is publicly exhibited. This The production company will provide, locations, appropriate uniforms, awards review should be early, but at a stage in in a format to be specified in the and decorations, height and weight editing when changes can be Production Assistance Agreement, standards, grooming standards, insignia, accommodated, to allow the Department copies of the completed production to and set dressing applicable to the of Defense to confirm military DoD for briefings and for historical military aspects of the production. This sequences conform to the agreed upon purposes. applies to active duty members as well script. For documentary productions, (d) Billing procedures. Pursuant to 10 as paid civilian actors. the production company will provide to U.S.C. 2264 and 31 U.S.C. 9701, (D) Arranging for appropriate the DoD project officer and the DoD production companies will reimburse technical advisers to be present when designee(s) responsible for coordinating the Government for additional expenses highly specialized military technical production assistance a digital incurred as a result of DoD assistance. expertise is required. videodisc (DVD) of military-themed (1) Each installation or Military (E) Ensuring that the production photography and the roughly edited Component will provide the production adheres to the agreed-upon script and version of the production at a stage in company with individual statements of list of support to be provided. editing when changes can be charges assessed for providing assets to (F) Authorizing minor deviations from accommodated. In addition to assist in the production. Unless agreed the approved script or list of support to confirming that the military sequences otherwise, statements should be be provided, so long as such deviations conform to the agreed upon script, presented to the production company are feasible, consistent with the safety treatment, or narrative, this review will within 45 days from the last day of the standards, and in keeping with the also serve to preclude release or month in which filming and/or approved story line. All other deviations disclosure of sensitive, security-related, photography is completed to ensure shall be referred for approval to or classified information; and to ensure prompt and complete accounting of OATSD(PA) through appropriate that the privacy of DoD personnel is not charges for DoD assistance. channels. violated. Should DoD determine that (2) The production company will be (G) In accordance with the Production material in the production compromises billed for only those expenses that are Assistance Agreement, providing notice any of the preceding concerns, DoD will considered to be additional expenses to of non-compliance, and when alert the production company of the the Government. In accordance with necessary, suspending assistance when material, and the production company paragraph (b)(3)(i)(A) of this section, the action by the production company is will remove the material from the assigned project officer will serve as the contrary to stipulations governing the production. central coordinator for submitting project and suspension is in the best (2) Credit titles. The production statements to the producer and interest of the Department of Defense company will use its best efforts to monitoring receipt of payment to the until the matter is resolved locally or by place a credit in the end titles Government. Items for which the costs referral to OATSD(PA). immediately above the ‘‘Special may be reimbursed to the Government (H) Attending the approval screening Thanks’’ section (if any) that states include: of the production, unless the Military ‘‘Special Thanks to the United States (i) Petroleum, oil, and lubricants for Department concerned, OATSD(PA), Department of Defense,’’ with no less equipment used. and the production company mutually than one clear line above and one clear (ii) Depot maintenance for equipment agree otherwise. line below such credit acknowledging used. (I) Determining whether the the DoD assistance provided. Such (iii) Cost incurred in diverting or production company will need to obtain acknowledgment(s) will be in keeping moving equipment.

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(iv) Lost or damaged equipment. company will be required to reimburse reimbursement rates for military (v) Expendable supplies. the Government for all steaming days personnel published annually by the (vi) Travel and per diem (unless related to production assistance, Under Secretary of Defense reimbursed under 31 U.S.C. 1353). including all costs (tugs, harbor pilots (Comptroller)/DoD Chief Financial (vii) Civilian overtime. and port costs) required to move ships Officer. (viii) Commercial power or other from military locations to filming sites, (5) Normal training and operational utilities for facilities kept open beyond except when such missions coincide normal duty hours or when the missions that would occur regardless of with and can be considered legitimate DoD assistance to a particular production company’s consumption of operational and training missions. utilities is significant, based on average production are not considered to be These reimbursements will be chargeable to the production company. usage rates. calculated at the current DoD User (ix) Should the production company (6) Beyond actual operational Rates. not comply with requested clean-up expenses, imputed rental charges required by production, project officer (4) In cases where provision of ordinarily will not be levied for use of will require production company to hire support provides a significant benefit to structures or equipment. DoD, the production company will not a cleaning company. Should the (7) The production company will be required to reimburse the production company not provide for the provide proof of adequate industry Government for military or civilian necessary clean-up, it shall reimburse standard liability insurance, naming manpower (except for civilian overtime) the Government for any additional DoD as an additional insured entity when such personnel are officially expenses incurred by the Government in prior to the commencement of assigned to assist in the production. performing such clean-up. production involving DoD. The However, this limitation does not apply (3) The production company will be production company will maintain, at to Reserve Component personnel required to reimburse the Government its sole expense, insurance in such assigned in an official capacity, because for all flying hours related to production amounts and under such terms and assistance, including takeoffs, landings, such members are called to active duty conditions as may be required by DoD and ferrying aircraft from military at additional cost to the Government to to protect its interests in the property locations to filming sites, except when perform the assigned mission. involved. such missions coincide with and can be Reimbursement for Reserve Component considered legitimate operational and personnel in an official capacity will be Appendix A to Part 238—Sample training missions. The production at composite standard pay and Production Assistance Agreement

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U.S. DEPARTMENT OF DEFENSE PRODUCTION ASSISTANCE AGREEMENT DoD-[enter number]-[enter year]

The United States Department of Defense (DoD), acting on behalf ofthe United States of America, hereby expresses its intent, subject to the provisions herein, to provide to [enter name of production entity], hereinafter referred to as the "production company," the assistance itemized in this Production Assistance Agreement (Agreement) in conjunction with the production of a [enter type of production; e.g., feature motion picture, television series] known at this time as [enter title of production or episode]. This Agreement expresses the terms under which DoD intends to provide assistance. This Agreement does not authorize the obligation of any United States funding, nor should it be construed as a contract, grant, cooperative agreement, other transaction, or any other form of procurement agreement.

LIST OF MILITARY RESOURCES REQUESTED TO BE PROVIDED IN SUPPORT OF PRODUCTION [or "see Attachment 1"] The DoD will make reasonable efforts to provide the assistance requested in the request for production assistance, to the extent approved by DoD, and subject to the limitations contained herein.

This Agreement is subject to revocation due to non-compliance with the terms herein, with the possible consequence of a temporary suspension or permanent withdrawal of the use of some or all ofthe military resources identified to assist this project. In the event of dispute, the production company will be given a written notice of non-compliance by the DoD project officer. The production company will have a 72-hour cure period after receipt of written notice of non-compliance. DoD may temporarily suspend support until the non-compliance has been cured or the 72-hour cure period has expired. After the cure period has expired, DoD may permanently withdraw its support for the production. If such Agreement is either suspended or terminated, the sole right of the Production Company to appeal such decision is to the DoD designee responsible for coordinating production assistance for entertainment media operations ("DoD Director of Entertainment Media"). The requirements in Department of Defense Instruction 5410.16 shall apply to this Agreement.

It is understood between DoD and the production company that:

1. The DoD project officer, [enter name of project officer], is the official DoD representative responsible for ensuring that the terms of this Agreement are met. The DoD project officer or his or her designee will be present each day the U.S. military is being portrayed, photographed, or otherwise involved in any aspect of [enter title of production]. The DoD project officer is the military technical advisor, and all military coordination must go through him or her. The production company will consult with the DoD project officer in all phases of pre-production, production, and post-production that involves or depicts the U.S. military.

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2. The production company will cast actors, extras, doubles, and stunt personnel portraying Service members who conform to individual Military Service regulations governing age, height and weight, uniform, grooming, appearance, and conduct standards. DoD reserves the right to suspend support in the event that disagreement regarding the military aspects of these portrayals cannot be resolved in negotiation between the production company and DoD within the 72-hour cure period. The DoD project officer will provide written guidance specific to each Military Service being portrayed.

3. DoD has approved production assistance as in the best interest of DoD, based on the [enter date] version of the script to the extent agreed upon by DoD [, and as further described by ______.. The production company must obtain, in advance, DoD concurrence for any subsequent changes proposed to the military depictions made to either the picture or the sound portions of the production before these changes are undertaken.

4. The operational capability and readiness of the Military Components will not be impaired. Unforeseen contingencies affecting national security or other emergency circumstances such as disaster relief may temporarily or permanently preclude the use of military resources. In these circumstances, DoD will not be liable, financially or otherwise, for any resulting negative impact or prejudice to the production caused by the premature withdrawal or change in support to the production company.

5. There will be no deviation from established DoD safety and conduct standards. The DoD project officer or his or her designee will coordinate such standards and compliance therewith. DoD will provide the production company advance notice of such safety or conduct standards upon request.

6. All DoD property or facilities damaged, used, or altered by the production company in connection with the production will be restored by the production company to the same or better condition, cleaned and free of trash, normal wear and tear excepted, as when they were made available for the production company's use.

7. The production company will reimburse the U.S. Government for any additional expenses incurred as a result ofthe assistance rendered for the production of [enter title of production]. The estimated amount will be detailed and included (e.g., "see Attachment 2," etc.). Unless otherwise agreed upon, the production company agrees to post advance payment or a letter of credit in the amount estimated to comprise the total additional DoD expenses or deposit such funds that may be reasonably necessary. The payment or letter of credit will be submitted to the military component(s) designated to provide the assistance, or to another DoD agency, as deemed appropriate by DoD.

a. DoD agrees to provide statements of charges assessed by each installation or DoD component providing assets to assist in the production within 45 days from the last day of the month in which filming is completed.

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b. The production company will be charged for only those expenses that are considered to be additional costs to DoD in excess of those that would otherwise have been incurred, including, but not limited to fuel, resultant depot maintenance, expendable supplies, travel and per diem, civilian overtime, and lost or damaged equipment.

c. If the final aggregate of such costs and charges is less than previously anticipated, DoD agrees to remit the exact amount of the difference of any funds posted within 45 days from the last day of the month in which filming is completed.

8. The production company will be charged for the travel, lodging, per diem, and incidental expenses for the DoD project officer, the DoD Director of Entertainment Media or his or her designee, and any other assigned military technical and safety advisor(s) whose presence may be required by DoD. For each ofthese individuals, the production company will provide:

a. Round-trip air transportation and ground transfers to the production location(s) at which there is a military portrayal or involvement, at times deemed appropriate by the DoD project officer and DoD Director of Entertainment Media.

b. A full-size vehicle (with fuel and with loss, damage, and collision automobile insurance paid for by the production company) for his or her personal use during the filming, including for his or her stay at the production location(s). If parking at the location(s) is not available, transportation to and from the lodging location to the production site will be provided.

c. Hotel accommodations equivalent to those provided to the production company's crew.

d. A dedicated, on-location trailer room or other comparable work space with full Internet access, desk, seating, and en-suite toilet.

9. By approving DoD production assistance for [enter title of production], DoD hereby provides a general release to the production company for the use of any and all photography and sound recordings of any and all Service members, equipment, and real estate, subject to the limitations in this Agreement (e.g. Paragraphs 12-13).

10. As a condition of DoD assistance, the production company will:

a. Indemnify and hold harmless DoD, its agencies, officers, and employees against any claims (including claims for personal injury and death, damage to property, and attorneys' fees) arising from the production company's possession or use of DoD property or other assistance in connection with this production of [enter title of production], to include pre-production, post­ production, and DoD-provided orientation or training. This provision will not in any event require production company to indemnify or hold harmless DoD, its agencies, officers and or employees from or against any claims arising from defects in DoD property or negligence on the part of DoD, its agencies, officers, or employees.

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b. Provide proof of adequate industry standard liability insurance, naming DoD as an additional insured entity prior to the commencement of production involving DoD. The production company will maintain, at its sole expense, insurance in such amounts and under such terms and conditions as may be required by DoD to protect its interests in the property involved.

c. Not carry onto DoD property any non-prescription narcotic, hallucinogenic, or other controlled substance; or alcoholic beverage without prior coordination with the DoD project officer or his or her designee.

d. Not carry onto DoD property any real or prop firearms, weapons, explosives, or any special effects devices or equipment that cause or simulate explosions, flashes, flares, fire, loud noises, etc., without the prior approval ofthe DoD project officer and the supporting installation.

e. Allow DoD public affairs personnel access to the production site(s) to conduct still and motion photography of DoD personnel and assets that are directly supporting the filming, and to allow DoD the use of production company-generated publicity and marketing materials, such as production stills and electronic press kits. These materials may be used to show DoD viewers how DoD is assisting in the production; such materials may be viewed by the general public if posted on an open DoD web site or released on "The Pentagon Channel" or other publicly­ accessible media source. Therefore, no DoD personnel will photograph actual filming, talent, or sets without the prior approval of the production company.

11. The production company will provide the DoD project officer with whatever internal communications equipment it is supplying to production company crew members to communicate on the set during production of military-themed sequences. The production company will also supply the DoD project officer with earphones to monitor military-themed dialogue and other sound recording during these periods.

12. The production company will screen for the DoD project officer and the DoD Director of Entertainment Media, or their designees, the roughly edited version of the production at a stage in editing when changes can be accommodated to allow DoD to confirm the military sequences conforms to the agreed script treatment, or narrative description; to preclude release or disclosure of sensitive, security-related, or classified information; and to ensure that the privacy of DoD personnel is not violated. Should DoD determine that material in the production compromises any of the preceding concerns, DoD will alert the production company of the material, and the production company will remove the material from the production. The production company will bear the travel, lodging, per diem, and incidental expenses incurred in transporting the DoD project officer and the DoD Director of Entertainment Media, or their designees, to the location where the screening is held.

13. No photography or sound recordings made with DoD assistance and no DoD photography and sound recordings released for this production will be reused or sold for use in other productions without DoD approval. The foregoing will not prohibit the production

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company from exploiting the production in any and all ancillary markets, now known or hereafter devised (including, without limitation, television, web content, home video and theme parks) or from using clips in promotional material relative thereto.

14. The production company will also provide an official DoD screening ofthe completed production in Washington, D.C., prior to public exhibition. An alternative screening location may be authorized by DoD, in negotiation with the production company. In this case, the production company will pay the travel and lodging expenses incidental to the attendance at the screening of the DoD project officer and the Director of Entertainment Media or their designees.

15. The production company will use its best efforts to place a credit in the end titles immediately above the "Special Thanks" section (if any), substantially in the form of"Special Thanks to the United States Department of Defense," with no less than one clear line above and one clear line below such credit acknowledging the DoD assistance provided. Such acknowledgment(s) will be in keeping with industry customs and practices, and will be of the same size and font used for other similar credits in the end titles.

16. The production company will provide DoD with five copies of all promotional and marketing materials (e.g., electronic press kits, one-sheets, and television advertisements) for internal information and historical purposes in documenting DoD assistance to the production.

17. The production company will provide a minimum often digital videodisc (DVD) copies of the completed production to DoD for internal briefings and for historical purposes, by overnight shipment to arrive the day following the first domestic airing or commercial distribution of the production. DoD will not exhibit these DVDs publicly or copy them; however, DoD is allowed to use short clips from them in official presentations by Service members and DoD civilian personnel who were directly involved in providing DoD assistance, for the sole purpose of illustrating DoD support to the production. However, DoD is prohibited from making these clips available to any other party for any other purpose.

18. Official activities of DoD personnel in assisting the production must be within the scope of normal military activities, with the exception of the DoD project officer and assigned official technical advisor(s), whose activities must be consistent with their authorized additional duties. DoD personnel in an off-duty, non-official status may be hired by the production company to perform as actors, extras, etc., provided there is no conflict with existing Service or Department regulations. In such cases, these conditions apply:

a. Contractual agreements are solely between those individuals and the production company; however, they should be consistent with industry standards.

b. The DoD project officer will ensure that DoD personnel will comply with standards of conduct regulations in accepting employment.

c. The production company is responsible for any disputes with unions governing the hiring of non-union actors or extras.

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19. The production company may make donations or gifts in-kind to morale, welfare, and recreation programs of the military unit(s) involved; however, donations of this kind are not at all required, and are not in any manner a consideration in the determination of whether or not a production should receive DoD assistance. These donations must be coordinated through the DoD project officer and must comply with law and DoD policies.

20. The undersigned parties warrant that they have the authority to enter into this Agreement and that the consent of no other party is necessary to effectuate the full and complete satisfaction of the provisions contained herein.

21. This Agreement consists of [enter number] pages including [enter number of attachment(s)]. Each page will be initialed by the undersigned DoD and production company representatives.

FOR THE DEPARTMENT OF DEFENSE FOR [ENTER PRODUCTION COMPANY]

Signature and Date Signature and Date

Name of DoD Representative: Name of Production Company Representative:

Title and Address Title and Address

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Appendix B to Part 238—Sample Production Assistance Agreement

U.S. DEPARTMENT OF DEFENSE DOCUMENTARY PRODUCTION ASSISTANCE AGREEMENT DoD-[enter number]-[enter year]

The United States Department of Defense (DoD), acting on behalf ofthe United States of America, hereby expresses its intent, subject to the provisions herein, to provide to [enter name of production entity], hereinafter referred to as the "production company," the assistance itemized in this Production Assistance Agreement (Agreement) in conjunction with the production of a documentary known at this time as [enter title of the production]. This Agreement expresses the terms under which DoD intends to provide assistance. This Agreement does not authorize the obligation of any United States funding, nor should it be construed as a contract, grant, cooperative agreement, other transaction, or any other form of procurement agreement.

LIST OF MILITARY RESOURCES REQUESTED TO BE PROVIDED IN SUPPORT OF PRODUCTION [or "see Attachment 1"] The DoD will make reasonable efforts to provide the assistance requested in the request for DoD documentary assistance, to the extent approved by DoD, and subject to the limitations contained herein.

This Agreement is subject to revocation due to non-compliance with the terms herein, with the possible consequence of a temporary suspension or permanent withdrawal of the use of some or all ofthe military resources identified to assist this project. In the event of dispute, the production company will be given a written notice of non-compliance by the DoD project officer. The production company will have a 72-hour cure period after receipt of written notice of non-compliance. DoD may temporarily suspend support until the non-compliance has been cured or the 72-hour cure period has expired. After the cure period has expired, DoD may permanently withdraw its support for the production. If such Agreement is either suspended or terminated, the sole right of the Production Company to appeal such decision is to the DoD designee responsible for coordinating assistance for documentary productions. The requirements in Department of Defense Instruction 5410.16 shall apply to this Agreement.

It is understood between DoD and the production company that:

1. The DoD project officer, [enter name of project officer and contact information], is the official DoD representative responsible for ensuring that the terms of this Agreement are met. The DoD project officer is the military technical advisor, and all military coordination must go through him or her. The production company will consult with the DoD project officer in all phases of pre-production, production, and post-production that involves or depicts the U.S. military. The local unit/installation public affairs officer, or a designated official, may serve as the official onsite DoD representative for this project and will act as the interface between the film crew and military units providing both filming and logistical support.

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2. DoD has approved production assistance as in the best interest of DoD, based on the [enter date] version of the script, treatment, or narrative description to the extent agreed upon by DoD [and as further described by ]. The production company must obtain, in advance, DoD concurrence for any subsequent changes proposed to the military depictions made to either the picture or the sound portions of the production before these changes are undertaken.

3. The operational capability and readiness of the Military Components will not be impaired. Unforeseen contingencies affecting national security or other emergency circumstances such as disaster relief may temporarily or permanently preclude the use of military resources. In these circumstances, DoD will not be liable, financially or otherwise, for any resulting negative impact or prejudice to the production caused by the premature withdrawal or change in support to the production company.

4. There will be no deviation from established DoD safety and conduct standards. The DoD project officer, or his or her designee, will coordinate such standards and compliance therewith. DoD will provide the production company advance notice of such safety or conduct standards upon request.

5. All DoD property or facilities damaged, used or altered by the production company in connection with the production will be restored by the production company to the same or better condition, cleaned and free of trash, normal wear and tear excepted, as when they were made available for the production company's use.

6. The production company will reimburse the U.S. Government for any additional expenses incurred as a result of the assistance rendered for the production of [enter title of production]. The estimated amount will be detailed and included in this Agreement or as an attachment to it.

7. The production company will be charged for only those expenses that are considered to be additional costs to DoD in excess of those that would otherwise have been incurred, including, but not limited to fuel, resultant depot maintenance, expendable supplies, travel and per diem, civilian overtime, and lost or damaged equipment.

8. The production company will be charged for the travel, lodging, per diem, and incidental expenses for the DoD project officer, the DoD documentary officer, or his or her designee, and any other assigned military technical and safety advisor(s) whose presence may be required by DoD. For each ofthese individuals, the production company will provide:

a. Round-trip air transportation and ground transfers to the production location(s) at which there is a military portrayal or involvement, at times deemed appropriate by the DoD project officer and the DoD documentary officer.

b. Hotel accommodations equivalent to those provided to the production company's crew.

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9. By approving DoD production assistance for [enter title of production], DoD hereby provides a general release to the production company for the use of any and all photography and sound recordings of any and all Service members, equipment, and real estate, subject to the limitations in this Agreement (e.g., including, but not limited to, Paragraphs 11-14).

10. As a condition of DoD assistance, the production company will:

a. Indemnify and hold harmless the DoD, its agencies, officers, and employees against any claims (including claims for personal injury and death, damage to property, and attorneys' fees) arising from the production company's possession or use of DoD property or other assistance in connection with this production of [enter title of production]. This provision will not in any event require production company to indemnify or hold harmless the DoD, its agencies, officers, or employees from or against any claims arising from defects in DoD property or negligence on the part of DoD, its agencies, officers, or employees.

b. Provide proof of adequate industry standard liability insurance, naming DoD as an additional insured entity prior to the commencement of production involving DoD. The production company will maintain, at its sole expense, insurance in such amounts and under such terms and conditions as may be required by DoD to protect its interests in the property involved.

c. Not carry onto DoD property any non-prescription narcotic, hallucinogenic, or other controlled substance or alcoholic beverage without prior coordination with the DoD project officer or his or her designee.

d. Not carry onto DoD property any real or prop firearms, weapons, explosives, or any special effects devices or equipment that cause or simulate explosions, flashes, flares, fire, loud noises, etc., without the prior approval ofthe DoD project officer and the supporting installation.

e. Allow DoD public affairs personnel access to the production site(s) to conduct still and motion photography of DoD personnel and assets that are directly supporting the filming, and to allow DoD the use of production company-generated publicity and marketing materials. These materials may be used to show DoD viewers how DoD is assisting in the production; such materials may be viewed by the general public if posted on an open DoD web site or on "The Pentagon Channel" or other publicly-accessible media source. Therefore, no DoD personnel will photograph actual filming without the prior approval of the production company.

11. The production company will screen for the DoD project officer, and the DoD documentary officer, or their designees, the roughly edited version of the production at a stage in editing when changes can be accommodated to allow DoD to confirm the military sequences conforms to the agreed-upon script, treatment, or narrative description; to preclude release or disclosure of sensitive, security-related, or classified information; and to ensure that the privacy of DoD personnel is not violated. Should DoD determine that material in the production compromises any of the preceding concerns, DoD will alert the production company of the material, and the production company will remove the material from the production.

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12. Ifthe recording or imagery to be used in the production captures medical treatment being performed on DoD personnel, the project officer shall require the production company to gain written consent from such DoD personnel. In the case of DoD personnel who are deceased or incapacitated, the project officer shall require the production company to gain written consent from the next ofkin of the deceased or incapacitated DoD personnel.

13. All Department of Defense uniformed and civilian personnel who are photographed or sound recorded by the documentary production company are considered to be on duty and are precluded from receiving any compensation from the production company or any other party as a result of their appearance in the production or subsequent authorized productions, or as a result of the use of their name, likeness, life story or other rights for any purpose. Military personnel in an off-duty, non-official status may be hired by the production company to perform as actors, extras, etc., provided there is no conflict with existing Service regulations. In such cases, these conditions apply:

a. Contractual agreements are solely between those individuals and the production company; however, they should be consistent with industry standards.

b. The DoD project officer will ensure that DoD personnel will comply with standards of conduct regulations in accepting employment.

c. The production company is responsible for any disputes with unions governing the hiring of non-union actors or extras.

14. No photography or sound recordings made with DoD assistance and no DoD photography and sound recordings released for this production will be reused or sold for use in other productions without DoD approval. The foregoing will not prohibit the production company from exploiting the production in any and all ancillary markets, now known or hereafter devised (including, without limitation, television, web content, home video and theme parks) or from using clips in promotional material relative thereto.

15. The production company will identify any and all re-enactments in the production by placing the word "RE-ENACTMENT "on the screen, in a legible format and of a legible size, for either the duration of the re-enactment or at the beginning of the re-enactment for a period of not less than 3 seconds and reappearing every subsequent 10 seconds for a period of 3 seconds until complete. This activity will occur for every instance of a re-enactment in the production.

16. The production company will use its best efforts to place a credit in the end titles immediately above the "Special Thanks" section (if any) substantially in the form of "Special Thanks to the United States Department of Defense," with no less than one clear line above and one clear line below such credit acknowledging the DoD assistance provided. Such acknowledgment( s) will be in keeping with industry customs and practices, and will be of the same size and font used for other similar credits in the end titles.

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Dated: July 31, 2015. ACTION: Notice of deviation from Click on Open Docket Folder on the line Aaron Siegel, drawbridge regulation. associated with this deviation. You may Alternate OSD Federal Register Liaison also visit the Docket Management Officer, Department of Defense. SUMMARY: The Coast Guard has issued a Facility in Room W12–140 on the [FR Doc. 2015–19279 Filed 8–7–15; 8:45 am] temporary deviation from the operating ground floor of the Department of BILLING CODE 5001–06–P schedule that governs the S.R. 50 Bridge Transportation West Building, 1200 across the Atlantic Intracoastal New Jersey Avenue SE., Washington, Waterway, mile 260.7, at Surf City, NC. DC 20590, between 9 a.m. and 5 p.m., This deviation is necessary to facilitate Monday through Friday, except Federal DEPARTMENT OF HOMELAND reconstruction of the bridge fender holidays. SECURITY system. This deviation allows the bridge to remain in the closed-to-navigation FOR FURTHER INFORMATION CONTACT: If Coast Guard position. you have questions on this temporary deviation, call or email Mr. Hal R. Pitts, 33 CFR Part 117 DATES: This deviation is effective from 4 a.m. on August 17, 2015 to 2 p.m. Bridge Administration Branch Fifth [Docket No. USCG–2015–0746] October 23, 2015. District, Coast Guard; telephone (757) 398–6222, email [email protected]. If Drawbridge Operation Regulations; ADDRESSES: The docket for this you have questions on viewing the Atlantic Intracoastal Waterway, Surf deviation, [USCG–2015–0746], is docket, call Cheryl Collins, Program City, NC available at http://www.regulations.gov. Manager, Docket Operations, telephone Type the docket number in the 202–366–9826. AGENCY: Coast Guard, DHS. ‘‘SEARCH’’ box and click ‘‘SEARCH’’.

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SUPPLEMENTARY INFORMATION: The North DEPARTMENT OF HOMELAND Under the normal operating schedule Carolina Department of Transportation, SECURITY for the Route 30 (Absecon Boulevard) who owns and operates the S.R. 50 Bridge across the Beach Thorofare, Bridge, has requested a temporary Coast Guard Atlantic Intracoastal Waterway, mile deviation from the current operating 67.2, at Atlantic City, NJ in 33 CFR regulations set out in 33 CFR 33 CFR Part 117 117.733(e); the bridge need only open 117.821(a)(2) to facilitate reconstruction [Docket No. USCG–2015–0735] on the hour from 7 a.m. to 11 p.m., from of the bridge fender system. April 1 through October 31. Under the Under the normal operating schedule Drawbridge Operation Regulations; normal operating schedule for the for the S.R. 50 Bridge across the Atlantic Atlantic Intracoastal Waterway, US40–322 (North Albany Avenue) Intracoastal Waterway, mile 260.7, at Atlantic City, NJ Bridge across the Inside Thorofare, Surf City, NC in 33 CFR 117.821(a)(2); AGENCY: Coast Guard, DHS. Atlantic Intracoastal Waterway, mile the draw shall open on signal for ACTION: Notice of deviation from 70.0, at Atlantic City, NJ in 33 CFR commercial vessels; open on signal for drawbridge regulations. 117.733(f); the draw shall open on recreational vessels, except between 7 signal; except that, from June 1 through a.m. and 7 p.m., the draw need only SUMMARY: The Coast Guard has issued a September 30 from 9 a.m. to 4 p.m. and open on the hour. The bridge has a temporary deviation from the operating from 6 p.m. to 9 p.m., the draw need vertical clearance in the closed-to- schedules that govern the Route 30 only open on the hour and half hour, navigation position of 13 feet above (Absecon Boulevard) Bridge across the and from 4 p.m. to 6 p.m., the draw mean high water. Beach Thorofare, Atlantic Intracoastal need not open. The vertical clearances Under this temporary deviation, the Waterway, mile 67.2, at Atlantic City, NJ in the closed-to-navigation position of bridge will be closed to navigation from and US40–322 (North Albany Avenue) the Route 30 (Absecon Boulevard) 4 a.m. to 2 p.m., Monday through Bridge across the Inside Thorofare, Bridge and US40–322 (North Albany Friday; except for scheduled openings at Atlantic Intracoastal Waterway, mile Avenue) Bridge are 20 feet and 10 feet, 8:30 a.m. and 12 noon, and openings for 70.0, at Atlantic City, NJ. This deviation respectively, above mean high water. commercial tug and barge traffic unable is necessary to facilitate the 2015 to transit through the bridge during a Atlantic City Beach Concerts. This Under this temporary deviation, the scheduled opening, if at least 3 hours deviation allows the bridges to remain bridges will be closed to navigation notice is given. At all other times the in the closed-to-navigation position. from 8:45 p.m. to 10:45 p.m. on August bridge will operate under its normal DATES: This deviation is effective from 16 and August 20, 2015. The Atlantic operating schedule in 33 CFR 8:45 p.m. to 10:45 p.m. on August 16 Intracoastal Waterway is used by a 117.821(a)(2). The Atlantic Intracoastal and August 20, 2015. variety of vessels including small Waterway is used by a variety of vessels ADDRESSES: The docket for this commercial fishing vessels, recreational including small commercial fishing deviation, [USCG–2015–0735], is vessels and tug and barge traffic. The vessels, recreational vessels and tug and available at http://www.regulations.gov. Coast Guard has carefully coordinated barge traffic. The Coast Guard has Type the docket number in the the restrictions with commercial and carefully coordinated the restrictions ‘‘SEARCH’’ box and click ‘‘SEARCH’’. recreational waterway users. with commercial and recreational Click on Open Docket Folder on the line Vessels able to pass through the waterway users. associated with this deviation. You may bridges in the closed position may do so Vessels able to pass through the also visit the Docket Management at anytime. The bridges will be able to bridge in the closed position may do so Facility in Room W12–140 on the open for emergencies and there is no at anytime. The bridge will be able to ground floor of the Department of alternate route for vessels unable to pass open for emergencies and there is no Transportation West Building, 1200 through the bridges in the closed alternate route for vessels unable to pass New Jersey Avenue SE., Washington, position. The Coast Guard will also through the bridge in the closed DC 20590, between 9 a.m. and 5 p.m., inform the users of the waterways Monday through Friday, except Federal position. The Coast Guard will also through our Local and Broadcast Notice holidays. inform the users of the waterways to Mariners of the change in operating through our Local and Broadcast Notice FOR FURTHER INFORMATION CONTACT: If schedules for these bridges so that to Mariners of the change in operating you have questions on this temporary vessels can arrange their transits to schedule for the bridge so that vessels deviation, call or email Mr. Hal R. Pitts, minimize any impacts caused by this can arrange their transits to minimize Bridge Administration Branch Fifth temporary deviation. any impacts caused by the temporary District, Coast Guard; telephone (757) deviation. 398–6222, email [email protected]. If In accordance with 33 CFR 117.35(e), In accordance with 33 CFR 117.35(e), you have questions on viewing the the drawbridges must return to their the drawbridge must return to its regular docket, call Cheryl Collins, Program regular operating schedules operating schedule immediately at the Manager, Docket Operations, telephone immediately at the end of the effective end of the effective period of this 202–366–9826. period of this temporary deviation. This temporary deviation. This deviation SUPPLEMENTARY INFORMATION: The New deviation from the operating regulations from the operating regulations is Jersey Department of Transportation, is authorized under 33 CFR 117.35. authorized under 33 CFR 117.35. who owns and operates the Route 30 Dated: August 5, 2015. (Absecon Boulevard) Bridge and US40– Dated: August 5, 2015. Hal R. Pitts, 322 (North Albany Avenue) Bridge, has Hal R. Pitts, requested a temporary deviation from Bridge Program Manager, Fifth Coast Guard Bridge Program Manager, Fifth Coast Guard the current operating regulations set out District. District. in 33 CFR 117.733(e) and (f), [FR Doc. 2015–19560 Filed 8–7–15; 8:45 am] [FR Doc. 2015–19562 Filed 8–7–15; 8:45 am] respectively, to facilitate the 2015 BILLING CODE 9110–04–P BILLING CODE 9110–04–P Atlantic City Beach Concerts.

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DEPARTMENT OF HOMELAND Under the normal operating schedule DEPARTMENT OF HOMELAND SECURITY for the Route 30 (Absecon Boulevard) SECURITY Bridge across the Beach Thorofare, Coast Guard Atlantic Intracoastal Waterway, mile United States Coast Guard 67.2, at Atlantic City, NJ in 33 CFR 33 CFR Part 117 117.733(e); the bridge need only open 33 CFR Part 147 [Docket No. USCG–2015–0736] on the hour from 7 a.m. to 11 p.m., from [Docket No. USCG–2015–0248] April 1 through October 31. Under the RIN 1625–AA00 Drawbridge Operation Regulations; normal operating schedule for the Atlantic Intracoastal Waterway, US40–322 (North Albany Avenue) Safety Zone; NOBLE DISCOVERER, Atlantic City, NJ Bridge across the Inside Thorofare, Outer Continental Shelf Drillship, AGENCY: Coast Guard, DHS. Atlantic Intracoastal Waterway, mile Chukchi Sea, AK 70.0, at Atlantic City, NJ in 33 CFR ACTION: Notice of deviation from AGENCY: Coast Guard, DHS. 117.733(f); the draw shall open on drawbridge regulations. ACTION: signal; except that, from June 1 through Temporary final rule. SUMMARY: The Coast Guard has issued a September 30 from 9 a.m. to 4 p.m. and SUMMARY: The Coast Guard is temporary deviation from the operating from 6 p.m. to 9 p.m., the draw need establishing a safety zone that extends schedules that govern the Route 30 only open on the hour and half hour, 500 meters from the outer edge of the (Absecon Boulevard) Bridge across the and from 4 p.m. to 6 p.m., the draw DRILLSHIP NOBLE DISCOVERER. This Beach Thorofare, Atlantic Intracoastal need not open. The vertical clearances safety zone will be in effect both when Waterway, mile 67.2, at Atlantic City, NJ in the closed-to-navigation position of the DRILLSHIP NOBLE DISCOVERER is and US40–322 (North Albany Avenue) the Route 30 (Absecon Boulevard) anchored and when deploying and Bridge across the Inside Thorofare, Bridge and US40–322 (North Albany recovering moorings. This safety zone Atlantic Intracoastal Waterway, mile Avenue) Bridge are 20 feet and 10 feet, will be in effect when the DRILLSHIP 70.0, at Atlantic City, NJ. This deviation respectively, above mean high water. NOBLE DISCOVERER is on location in is necessary to facilitate the 2015 order to drill exploratory wells at Atlantic City Air Show. This deviation Under this temporary deviation, the various prospects located in the allows the bridges to remain in the bridges will be closed to navigation Chukchi Sea Outer Continental Shelf, closed-to-navigation position. from 7:30 a.m. to 10:30 a.m. and 4 p.m. Alaska, from 12:01 a.m. on July 1, 2015 DATES: This deviation is effective from to 8 p.m. on September 2, 2015. The through 11:59 p.m. on October 31, 2015. 7:30 a.m. to 10:30 a.m. and 4 p.m. to 8 Atlantic Intracoastal Waterway is used The purpose of the temporary safety p.m. on September 2, 2015. by a variety of vessels including small zone is to protect the drillship from ADDRESSES: The docket for this commercial fishing vessels, recreational vessels operating outside the normal deviation, [USCG–2015–0736], is vessels and tug and barge traffic. The shipping channels and fairways. available at http://www.regulations.gov. Coast Guard has carefully coordinated DATES: This rule is effective without Type the docket number in the the restrictions with commercial and actual notice from August 10, 2015 until ‘‘SEARCH’’ box and click ‘‘SEARCH’’. recreational waterway users. October 31, 2015. For the purposes of Click on Open Docket Folder on the line Vessels able to pass through the enforcement, actual notice will be used associated with this deviation. You may bridges in the closed position may do so from July 1, 2015 to August 10, 2015. also visit the Docket Management at anytime. The bridges will be able to ADDRESSES: Documents mentioned in Facility in Room W12–140 on the open for emergencies and there is no this preamble are part of docket number ground floor of the Department of alternate route for vessels unable to pass USCG–2015–0248. To view documents Transportation West Building, 1200 through the bridges in the closed mentioned in this preamble as being New Jersey Avenue SE., Washington, position. The Coast Guard will also available in the docket, go to http:// DC 20590, between 9 a.m. and 5 p.m., inform the users of the waterways www.regulations.gov, type the docket Monday through Friday, except Federal through our Local and Broadcast Notice number in the ‘‘SEARCH’’ box and click holidays. to Mariners of the change in operating ‘‘SEARCH.’’ Click on Open Docket FOR FURTHER INFORMATION CONTACT Folder on the line associated with this : If schedules for these bridges so that rulemaking. You may also visit the you have questions on this temporary vessels can arrange their transits to deviation, call or email Mr. Hal R. Pitts, Docket Management Facility in Room minimize any impacts caused by this Bridge Administration Branch Fifth W12–140 on the ground floor of the temporary deviation. District, Coast Guard; telephone (757) Department of Transportation West 398–6222, email [email protected]. If In accordance with 33 CFR 117.35(e), Building, 1200 New Jersey Avenue SE., you have questions on viewing the the drawbridges must return to their Washington, DC 20590, between 9 a.m. docket, call Cheryl Collins, Program regular operating schedules and 5 p.m., Monday through Friday, Manager, Docket Operations, telephone immediately at the end of the effective except Federal holidays. 202–366–9826. period of this temporary deviation. This FOR FURTHER INFORMATION CONTACT: If SUPPLEMENTARY INFORMATION: The New deviation from the operating regulations you have questions on this proposed Jersey Department of Transportation, is authorized under 33 CFR 117.35. rule, call or email LCDR Jason Boyle, who owns and operates the Route 30 Dated: August 5, 2015. Seventeenth Coast Guard District (dpi); (Absecon Boulevard) Bridge and US40– telephone 907–463–2821, Jason.t.boyle@ Hal R. Pitts, 322 (North Albany Avenue) Bridge, has uscg.mil. If you have questions on requested a temporary deviation from Bridge Program Manager, Fifth Coast Guard viewing or submitting material to the the current operating regulations set out District. docket, call Cheryl F. Collins, Program in 33 CFR 117.733(e) and (f), [FR Doc. 2015–19561 Filed 8–7–15; 8:45 am] Manager, Docket Operations, telephone respectively, to facilitate the 2015 BILLING CODE 9110–04–P 202–366–9826. Atlantic City Air Show. SUPPLEMENTARY INFORMATION:

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Table of Acronyms configuration of the vessel, and (8) the hydrocarbon zones, the availability of DHS Department of Homeland need to allow for lawful demonstrations permitted sites having approved Security without endangering the safe operation shallow hazards clearance, the FR Federal Register of the vessel. For any group intending anticipated duration of each NPRM Notice of Proposed Rulemaking to conduct lawful demonstrations in the contemplated drilling activity, the vicinity of the rig, these demonstrations results of preceding wells and Marine A. Regulatory History and Information must be conducted outside the safety Mammal Monitoring and Mitigation The Coast Guard published an NPRM zone. plan requirements. Results from a thorough and for this safety zone on May 4, 2015 (80 All planned exploration drilling in comprehensive examination of the FR 25256). Two comments from the the identified lease will be conducted criteria, IMO guidelines, and existing public were received during the 30 day with the DRILLSHIP NOBLE regulations warrant the establishment of comment period. No public meeting was DISCOVERER. the temporary safety zone. The requested, and none was held. The DRILLSHIP NOBLE regulation significantly reduces the Under 5 U.S.C. 553(d)(3), the Coast DISCOVERER has a ‘‘persons on board’’ threat of allisions that could result in oil Guard finds that good cause exists for capacity of 124, and it is expected to be spills, and other releases. Furthermore, making this rule effective less than 30 at capacity for most of its operating the regulation increases the safety of days after publication in the Federal period. The DRILLSHIP NOBLE life, property, and the environment in Register. Due to ongoing drilling DISCOVERER’s personnel will include the Chukchi Sea by prohibiting entry its crew, as well as Shell employees, operations, delaying the implementation into the zone unless specifically of this safety zone is impracticable and third party contractors, Alaska Native authorized by the Commander, Marine Mammal Observers and possibly would increase the possibility of an Seventeenth Coast Guard District, or a allision in the Chukchi Sea. Bureau of Safety and Environmental designated representative. Due to the Enforcement (BSEE) personnel. remote location and the need to protect B. Basis and Purpose While conducting exploration drilling the environment, the Coast Guard may The Coast Guard is establishing a operations, the DRILLSHIP NOBLE use criminal sanctions to enforce the temporary safety zone around the DISCOVERER will be anchored using an safety zone as appropriate. DRILLSHIP NOBLE DISCOVERER while The temporary safety zone will be anchoring system consisting of an 8- anchored or deploying and recovering around the DRILLSHIP NOBLE point anchored mooring spread attached moorings on location in order to drill DISCOVERER while anchored or to the onboard turret and could have a exploratory wells in several prospects deploying and recovering moorings on maximum anchor radius of 3,600 ft located in the Chukchi Sea during the location in order to drill exploratory (1,100 m). The center point of the 2015 drilling season. wells in various locations in the DRILLSHIP NOBLE DISCOVERER will The request for the temporary safety Chukchi Sea Outer Continental Shelf, be positioned within the prospect zone was made by Shell Exploration & Alaska during the 2015 timeframe. location in the Chukchi Sea. Production Company due to safety Shell Exploration & Production The DRILLSHIP NOBLE concerns for both the personnel aboard Company has proposed and received DISCOVERER will move into the the DRILLSHIP NOBLE DISCOVERER permits for drill sites within the Burger Chukchi Sea on or about July 1, 2015 and the environment. Shell Exploration prospects, Chukchi Sea, Alaska. and onto a prospect location when ice & Production Company indicated that it During the 2015 timeframe, Shell allows. Drilling will conclude on or is highly likely that any allision or Exploration & Production Company has before October 31, 2015. The drillship inability to identify, monitor or mitigate proposed drilling exploration wells at and support vessels will depart the any risks or threats, including ice- various Chukchi Sea prospects Chukchi Sea at the conclusion of the related hazards that might be depending on favorable ice conditions, 2015 drilling season. encountered, may result in a weather, sea state, and any other C. Discussion of Comments, Changes, catastrophic event. Incursions into the pertinent factors. Each of these drill and the Final Rule safety zone by unapproved vessels sites will be permitted for drilling in could degrade the ability to monitor and 2015 to allow for operational flexibility One comment from the public was mitigate such risks. In evaluating this in the event sea ice conditions prevent received during the 30 day comment request, the Coast Guard explored access to one of the locations. The period expressing concern that the relevant safety factors and considered number of actual wells that will be safety zone was larger than necessary several criteria, including but not drilled will depend on ice conditions and that it could unnecessary impede limited to: (1) The level of shipping and the length of time available for the vessel movement. The comment activity around the operation; (2) safety 2015 drilling season. The predicted proposed a smaller safety zone of 50 concerns for personnel aboard the ‘‘average’’ drilling season, constrained meters with a ‘‘no wake’’ restriction vessel; (3) concerns for the environment by prevailing ice conditions and extending 250 meters. The Coast Guard given the sensitivity of the regulatory restrictions, is long enough considered this comment, but has environmental and the importance of for two to three typical exploration decided not to adopt the commenter’s fishing and hunting to the indigenous wells to be drilled. suggestion. Considering the size of the population; (4) the lack of any The actual order of drilling activities ocean, we do not believe a 500-meter established shipping fairways, and will be controlled by an interplay safety zone presents an unreasonable fueling and supply storage/operations between actual ice conditions restriction of movement. Furthermore, which increase the likelihood that an immediately prior to a rig move, ice considering the size and speed of the allision would result in a catastrophic forecasts, any regulatory restrictions drillship and associated drilling event; (5) the recent and potential future with respect to the dates of allowed operations, we believe that a 50-meter maritime traffic in the vicinity of the operating windows, whether the zone would not ensure the safety of proposed areas; (6) the types of vessels planned drilling activity involves only boaters in the area. Finally, we note that navigating in the vicinity of the drilling the shallow non-objective a ‘‘no-wake zone’’ would not have any proposed area; (7) the structural section or penetrating potential effect in protecting boaters from the

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dangerous conditions caused by drilling the DRILLSHIP NOBLE DISCOVERER about this rule or any policy or action operations. on the Outer Continental Shelf and its of the Coast Guard. Additionally, one commenter distance from both land and safety 4. Collection of Information questioned whether the safety zone fairways. Vessels traversing waters near applied when the vessel is moving. It the proposed safety zone will be able to This rule calls for no new collection would apply during that time, for the safely travel around the zone without of information under the Paperwork safety of other vessels. The commenter incurring additional costs. Reduction Act of 1995 (44 U.S.C. 3501– also suggested that the safety zone 3520.). should not extend 500 meters past the 2. Small Entities 5. Federalism mooring. For reasons described below, Under the Regulatory Flexibility Act we agree with the commenter’s of 1980 (5 U.S.C. 601–612), the Coast A rule has implications for federalism suggestion in this regard. Guard has considered whether this rule under Executive Order 13132, The Coast Guard made one change to would have a significant economic Federalism, if it has a substantial direct the proposed rule. The original impact on a substantial number of small effect on State or local governments and proposed rule had called for safety entities. The term ‘‘small entities’’ would either preempt State law or zones at every point where the vessel’s comprises small businesses, not-for- impose a substantial direct cost of mooring spread intersected with the profit organizations that are compliance on them. We have analyzed ocean’s surface. After consideration of independently owned and operated and this rule under that Order and have the comments and additional are not dominant in their fields, and determined that it does not have clarification from Shell Exploration & governmental jurisdictions with implications for federalism. Production Company, the Coast Guard populations of less than 50,000. 6. Protest Activities determined that the mooring system The Coast Guard certifies under 5 utilized on this vessel is configured U.S.C. 605(b) that this rule would not The Coast Guard respects the First such that its lines will not break the have a significant economic impact on Amendment rights of protesters. ocean’s surface beyond the vessel’s a substantial number of small entities. Protesters are asked to contact the outer edge. Therefore, the Coast Guard This rule would affect the following person listed in the FOR FURTHER deleted reference to such additional entities, some of which might be small INFORMATION CONTACT section to safety zones and corresponding marking entities: The owners or operators of coordinate protest activities so that your buoys from the final rule. vessels intending to transit or anchor in message can be received without The temporary safety zone will the Burger Prospects of the Chukchi Sea. jeopardizing the safety or security of encompass the area that extends 500 This safety zone will not have a people, places or vessels. meters from the outer edge of the significant economic impact or a 7. Unfunded Mandates Reform Act DRILLSHIP NOBLE DISCOVERER. This substantial number of small entities for safety zone will be in effect both when the following reasons: This rule will The Unfunded Mandates Reform Act the DRILLSHIP NOBLE DISCOVERER is enforce a safety zone around a drilling of 1995 (2 U.S.C. 1531–1538) requires anchored and when deploying and unit facility that is in areas of the Federal agencies to assess the effects of recovering moorings. No vessel would Chukchi Sea not frequented by vessel their discretionary regulatory actions. In be allowed to enter or remain in this traffic and is not in close proximity to particular, the Act addresses actions proposed safety zone except the a safety fairway. Further, vessel traffic that may result in the expenditure by a following: An attending vessel or a can pass safely around the safety zone State, local, or tribal government, in the vessel authorized by the Commander, without incurring additional costs. aggregate, or by the private sector of Seventeenth Coast Guard District or a If you think that your business, $100,000,000.00 (adjusted for inflation) designated representative. They may be organization, or governmental or more in any one year. Though this contacted on VHF–FM Channel 13 or 16 jurisdiction qualifies as a small entity rule would not result in such or by telephone at 907–463–2000. and that this rule would have a expenditure, we do discuss the effects of significant economic impact on it, this rule elsewhere in this preamble. D. Regulatory Analyses please submit a comment (see 8. Taking of Private Property The Coast Guard developed this ADDRESSES) explaining why you think it proposed rule after considering qualifies and how and to what degree This rule will not cause a taking of numerous statutes and executive orders this rule would economically affect it. private property or otherwise have taking implications under Executive related to rulemaking. Below we 3. Assistance for Small Entities summarize our analyses based on 14 of Order 12630, Governmental Actions and these statutes or executive orders. Under section 213(a) of the Small Interference with Constitutionally Business Regulatory Enforcement Protected Property Rights. 1. Regulatory Planning and Review Fairness Act of 1996 (Pub. L. 104–121), This rule is not a significant we want to assist small entities in 9. Civil Justice Reform regulatory action under section 3(f) of understanding this rule so that they can This rule meets applicable standards Executive Order 12866, Regulatory better evaluate its effects on them and in sections 3(a) and 3(b)(2) of Executive Planning and Review, as supplemented participate in the rulemaking. If the rule Order 12988, Civil Justice Reform, to by Executive Order 13563, Improving affects your small business, minimize litigation, eliminate Regulation and Regulatory Review, and organization, or governmental ambiguity, and reduce burden. does not require an assessment of jurisdiction and you have questions 10. Protection of Children potential costs and benefits under concerning its provisions or options for section 6(a)(3) of Executive Order 12866 compliance, please contact LCDR Jason The Coast Guard has analyzed this or Section 1 of Executive Order 13563. Boyle, Coast Guard Seventeenth District, rule under Executive Order 13045, The Office of Management and Budget Office of Prevention; telephone 907– Protection of Children from has not reviewed it under that Order. 463–2821, [email protected]. The Environmental Health Risks and Safety This rule is not a significant Coast Guard will not retaliate against Risks. This rule is not an economically regulatory action due to the location of small entities that question or complain significant rule and would not create an

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environmental risk to health or risk to ■ 2. Add § 147.T17–0248 to read as ‘‘SEARCH.’’ Click on Open Docket safety that might disproportionately follows: Folder on the line associated with this affect children. rulemaking. You may also visit the § 147.T17–0248 Safety Zone; DRILLSHIP 11. Indian Tribal Governments NOBLE DISCOVERER, Outer Continental Docket Management Facility in Room Shelf Drillship, Chukchi Sea, Alaska. W12–140 on the ground floor of the This rule does not have tribal Department of Transportation West (a) Description. The DRILLSHIP implications under Executive Order Building, 1200 New Jersey Avenue SE., NOBLE DISCOVERER will be engaged 13175, Consultation and Coordination Washington, DC 20590, between 9 a.m. with Indian Tribal Governments, in exploratory drilling operations at various locations in the Chukchi Sea and 5 p.m., Monday through Friday, because it would not have a substantial except Federal holidays. direct effect on one or more Indian from July 1, 2015 through October 31, tribes, on the relationship between the 2015. The area that extends 500 meters FOR FURTHER INFORMATION CONTACT: If Federal Government and Indian tribes, from the outer edge of the DRILLSHIP you have questions on this rule, call or or on the distribution of power and NOBLE DISCOVERER is a safety zone. email LTJG Amanda Garcia, Chief of responsibilities between the Federal Lawful demonstrations may be Waterways Management, U.S. Coast Government and Indian tribes. conducted outside of the safety zone. Guard Sector Buffalo; telephone (b) Regulation. No vessel may enter or 12. Energy Effects 716–843–9343, email remain in this safety zone except the [email protected]. If The Coast Guard analyzed this rule following: you have questions on viewing the under Executive Order 13211, Actions (1) An attending vessel; or docket, call Ms. Cheryl Collins, Program Concerning Regulations That (2) A vessel authorized by the Manager, Docket Operations, telephone Significantly Affect Energy Supply, Commander, Seventeenth Coast Guard 202–366–9826 or 1–800–647–5527. Distribution, or Use. District, or a designated representative. SUPPLEMENTARY INFORMATION: 13. Technical Standards Dated: June 17, 2015. This rule does not use technical Daniel B. Abel, Table of Acronyms standards. Therefore, we did not Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard District. DHS Department of Homeland Security consider the use of voluntary consensus FR Federal Register [FR Doc. 2015–19367 Filed 8–7–15; 8:45 am] standards. NPRM Notice of Proposed Rulemaking BILLING CODE 9110–04–P 14. Environment TFR Temporary Final Rule We have analyzed this rule under A. Regulatory History and Information Department of Homeland Security DEPARTMENT OF HOMELAND Management Directive 023–01 and SECURITY The Coast Guard is issuing this Commandant Instruction M16475.lD, temporary final rule without prior which guide the Coast Guard in Coast Guard notice and opportunity to comment complying with the National pursuant to authority under section 4(a) Environmental Policy Act of 1969 33 CFR Part 165 of the Administrative Procedure Act (NEPA) (42 U.S.C. 4321–4370f), and [Docket Number USCG–2015–0715] (APA) (5 U.S.C. 553(b)). This provision have made a preliminary determination authorizes an agency to issue a rule that this action is one of a category of RIN 1625–AA00 without prior notice and opportunity to comment when the agency for good actions that do not individually or Safety Zone; Waddington Homecoming cause finds that those procedures are cumulatively have a significant effect on Fireworks, St. Lawrence River, Ogden the human environment. A preliminary Island, NY ‘‘impracticable, unnecessary, or contrary environmental analysis checklist to the public interest.’’ Under 5 U.S.C. supporting this determination is AGENCY: Coast Guard, DHS. 553(b)(B), the Coast Guard finds that available in the docket where indicated ACTION: Temporary final rule. good cause exists for not publishing a under ADDRESSES. We seek any notice of proposed rulemaking (NPRM) comments or information that may lead SUMMARY: The Coast Guard is with respect to this rule because doing to the discovery of a significant establishing a temporary safety zone on so would be impracticable. The final environmental impact from this rule. the St. Lawrence River, Ogden Island, details for this event were not known to This rule is categorically excluded from NY. This safety zone is intended to the Coast Guard until there was further review under paragraph 34(g) of restrict vessels from a portion of the St. insufficient time remaining before the Figure 2–1 of the Commandant’s Lawrence River during the Waddington event to publish an NPRM. Thus, Instruction. Homecoming fireworks display. This delaying the effective date of this rule to List of Subjects in 33 CFR Part 147 temporary safety zone is necessary to wait for a comment period to run would protect mariners and vessels from the be impracticable because it would Continental shelf, Marine safety, navigational hazards associated with a inhibit the Coast Guard’s ability to Navigation (water). fireworks display. protect spectators and vessels from the For the reasons discussed in the DATES: This rule will be effective and hazards associated with a maritime preamble, the Coast Guard amends 33 enforced from 8:45 p.m. until 10:15 p.m. fireworks display. Therefore, under 5 CFR part 147 as follows: on August 8, 2015. U.S.C. 553(d)(3), the Coast Guard finds PART 147—SAFETY ZONES ADDRESSES: Documents mentioned in that good cause exists for making this this preamble are part of docket [USCG– temporary rule effective less than 30 ■ 1. The authority citation for part 147 2015–0715]. To view documents days after publication in the Federal continues to read as follows: mentioned in this preamble as being Register. For the same reasons Authority: 14 U.S.C. 85; 43 U.S.C. 1333; available in the docket, go to http:// discussed in the preceding paragraph, Department of Homeland Security Delegation www.regulations.gov, type the docket waiting for a 30 day notice period to run No. 0170.1. number in the ‘‘SEARCH’’ box and click would be impracticable.

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B. Basis and Purpose Budget has not reviewed it under those Small businesses may send comments The legal basis and authorities for this Orders. on the actions of Federal employees We conclude that this rule is not a rule are found in 33 U.S.C. 1231; 50 who enforce, or otherwise determine significant regulatory action because we U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, compliance with, Federal regulations to anticipate that it will have minimal 6.04–6, and 160.5; and Department of the Small Business and Agriculture impact on the economy, will not Regulatory Enforcement Ombudsman Homeland Security Delegation No. interfere with other agencies, will not 0170.1, which collectively authorize the and the Regional Small Business adversely alter the budget of any grant Regulatory Fairness Boards. The Coast Guard to establish and define or loan recipients, and will not raise any regulatory safety zones. Ombudsman evaluates these actions novel legal or policy issues. The safety annually and rates each agency’s Between 8:45 p.m. and 10:15 p.m. on zone created by this rule will be August 8, 2015, a fireworks display will responsiveness to small business. If you relatively small and enforced for a wish to comment on actions by be held on the shoreline of the St. relatively short time. Also, the safety Lawrence River on Ogden Island, NY. It employees of the Coast Guard, call 1– zone is designed to minimize its impact 888–REG–FAIR (1–888–734–3247). The is anticipated that numerous vessels on navigable waters. Furthermore, the will be in the immediate vicinity of the Coast Guard will not retaliate against safety zone has been designed to allow small entities that question or complain launch point. The Captain of the Port vessels to transit around it. Thus, Buffalo has determined that such a about this rule or any policy or action restrictions on vessel movement within of the Coast Guard. launch proximate to a gathering of that particular area are expected to be watercraft pose a significant risk to minimal. Under certain conditions, 4. Collection of Information public safety and property. Such moreover, vessels may still transit This rule will not call for a new hazards include premature and through the safety zone when permitted collection of information under the accidental detonations, dangerous by the Captain of the Port. Paperwork Reduction Act of 1995 (44 projectiles, and falling or burning U.S.C. 3501–3520). debris. 2. Impact on Small Entities 5. Federalism C. Discussion of the Final Rule Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered A rule has implications for federalism With the aforementioned hazards in the impact of this rule on small entities. under Executive Order 13132, mind, the Captain of the Port Buffalo The Coast Guard certifies under 5 U.S.C. Federalism, if it has a substantial direct has determined that this temporary 605(b) that this rule will not have a effect on the States, on the relationship safety zone is necessary to ensure the significant economic impact on a between the national government and safety of spectators and vessels during substantial number of small entities. the States, or on the distribution of the Waddington Homecoming fireworks The Coast Guard certifies under 5 U.S.C. power and responsibilities among the display. This zone will be enforced from 605(b) that this rule will not have a various levels of government. We have 8:45 p.m. until 10:15 p.m. on August 8, significant economic impact on a analyzed this rule under that Order and 2015. This zone will encompass all substantial number of small entities. determined that this rule does not have waters of the St. Lawrence River; Ogden This rule will affect the following implications for federalism. Island, NY within a 700-foot radius of entities, some of which might be small position 44°52′8.44″ N and entities: the owners or operators of 6. Protest Activities 075°12′35.84″ W (NAD 83). vessels intending to transit or anchor in The Coast Guard respects the First Entry into, transiting, or anchoring a portion of the St. Lawrence River on Amendment rights of protesters. within the safety zone is prohibited the evening of August 8, 2015. Protesters are asked to contact the unless authorized by the Captain of the This safety zone will not have a person listed in the FOR FURTHER Port Buffalo or his designated on-scene significant economic impact on a INFORMATION CONTACT section to representative. The Captain of the Port substantial number of small entities for coordinate protest activities so that your or his designated on-scene the following reasons: This safety zone message can be received without representative may be contacted via would be effective, and thus subject to jeopardizing the safety or security of VHF Channel 16. enforcement, for only 90 minutes late in people, places, or vessels. the day. Traffic may be allowed to pass D. Regulatory Analyses through the zone with the permission of 7. Unfunded Mandates Reform Act We developed this rule after the Captain of the Port. The Captain of The Unfunded Mandates Reform Act considering numerous statutes and the Port can be reached via VHF of 1995 (2 U.S.C. 1531–1538) requires executive orders related to rulemaking. channel 16. Before the enforcement of Federal agencies to assess the effects of Below we summarize our analyses the zone, we would issue local their discretionary regulatory actions. In based on these statutes and executive Broadcast Notice to Mariners. particular, the Act addresses actions orders. that may result in the expenditure by a 3. Assistance for Small Entities 1. Regulatory Planning and Review State, local, or tribal government, in the Under section 213(a) of the Small aggregate, or by the private sector of This rule is not a significant Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or regulatory action under section 3(f) of Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule Executive Order 12866, Regulatory we want to assist small entities in will not result in such an expenditure, Planning and Review, as supplemented understanding this rule. If the rule we do discuss the effects of this rule by Executive Order 13563, Improving would affect your small business, elsewhere in this preamble. Regulation and Regulatory Review, and organization, or governmental does not require an assessment of jurisdiction and you have questions 8. Taking of Private Property potential costs and benefits under concerning its provisions or options for This rule will not cause a taking of section 6(a)(3) of Executive Order 12866 compliance, please contact the person private property or otherwise have or under section 1 of Executive Order listed in the FOR FURTHER INFORMATION taking implications under Executive 13563. The Office of Management and CONTACT section above. Order 12630, Governmental Actions and

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Interference with Constitutionally ADDRESSES. We seek any comments or Dated: July 28, 2015. Protected Property Rights. information that may lead to the B.W. Roche, discovery of a significant environmental 9. Civil Justice Reform Captain, U.S. Coast Guard, Captain of the impact from this rule. Port Buffalo. This rule meets applicable standards List of Subjects in 33 CFR Part 165 [FR Doc. 2015–19506 Filed 8–7–15; 8:45 am] in sections 3(a) and 3(b)(2) of Executive BILLING CODE 9110–04–P Order 12988, Civil Justice Reform, to Harbors, Marine safety, Navigation minimize litigation, eliminate (water), Reporting and recordkeeping ambiguity, and reduce burden. requirements, Security measures, ENVIRONMENTAL PROTECTION Waterways. 10. Protection of Children AGENCY For the reasons discussed in the We have analyzed this rule under preamble, the Coast Guard amends 33 40 CFR Part 52 Executive Order 13045, Protection of CFR part 165 as follows: Children from Environmental Health [EPA–R08–OAR–2012–0351; FRL–9932–05– Risks and Safety Risks. This rule is not PART 165—REGULATED NAVIGATION Region 8] an economically significant rule and AREAS AND LIMITED ACCESS AREAS Approval and Promulgation of State does not create an environmental risk to Implementation Plans; State of health or risk to safety that may ■ 1. The authority citation for part 165 Wyoming; Interstate Transport of disproportionately affect children. continues to read as follows: Pollution for the 2006 24-Hour PM2.5 11. Indian Tribal Governments Authority: 33 U.S.C. 1231; 50 U.S.C. 191, NAAQS 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and This rule does not have tribal 160.5; Department of Homeland Security AGENCY: Environmental Protection implications under Executive Order Delegation No. 0170.1. Agency (EPA). 13175, Consultation and Coordination ■ 2. Add § 165.T09–0715 to read as ACTION: Final rule. with Indian Tribal Governments, follows: because it does not have a substantial SUMMARY: The Environmental Protection direct effect on one or more Indian § 165.T09–0715 Safety Zone; Waddington Agency (EPA) is approving portions of tribes, on the relationship between the Homecoming Fireworks Display; St. an August 19, 2011 State Federal Government and Indian tribes, Lawrence River, Ogden Island, NY. Implementation Plan (SIP) submission or on the distribution of power and (a) Location. This zone will from the State of Wyoming that are responsibilities between the Federal encompass all waters of the St. intended to demonstrate that its SIP Government and Indian tribes. Lawrence River; Ogden Island, NY meets certain interstate transport within a 700-footradius of position 12. Energy Effects requirements of the Clean Air Act (Act 44°52′8.44″ N and 075°12′35.84″ W or CAA) for the 2006 24-hour fine This action is not a ‘‘significant (NAD 83). particulate matter (PM2.5) National energy action’’ under Executive Order (b) Enforcement Period. This Ambient Air Quality Standards 13211, Actions Concerning Regulations regulation will be enforced on August 8, (NAAQS). This submission addresses That Significantly Affect Energy Supply, 2015 from 8:45 p.m. until 10:15 p.m. the requirement that Wyoming’s SIP Distribution, or Use. (c) Regulations. (1) In accordance with contain adequate provisions prohibiting the general regulations in § 165.23 of 13. Technical Standards air emissions that will have certain this part, entry into, transiting, or adverse air quality effects in other This rule does not use technical anchoring within this safety zone is states. Specifically, EPA is approving standards. Therefore, we did not prohibited unless authorized by the the portion of the Wyoming SIP consider the use of voluntary consensus Captain of the Port Buffalo or his submission that addresses the standards. designated on-scene representative. significant contribution to (2) This safety zone is closed to all 14. Environment nonattainment and interference with vessel traffic, except as may be maintenance transport requirements for We have analyzed this rule under permitted by the Captain of the Port the 2006 24-hour PM NAAQS. EPA is Department of Homeland Security 2.5 Buffalo or his designated on-scene also approving the interference with Management Directive 023–01 and representative. prevention of significant deterioration Commandant Instruction M16475.lD, (3) The ‘‘on-scene representative’’ of (PSD) of air quality transport which guide the Coast Guard in the Captain of the Port Buffalo is any requirement for this NAAQS. EPA is not complying with the National Coast Guard commissioned, warrant or acting on the interference with visibility Environmental Policy Act of 1969 petty officer who has been designated transport requirement at this time and (NEPA) (42 U.S.C. 4321–4370f), and by the Captain of the Port Buffalo to act will address the visibility requirement have determined that this action is one on his behalf. for this NAAQS in a separate future of a category of actions that do not (4) Vessel operators desiring to enter action. individually or cumulatively have a or operate within the safety zone must significant effect on the human contact the Captain of the Port Buffalo DATES: This final rule is effective on environment. This rule involves the or his on-scene representative to obtain September 9, 2015. establishment of a safety zone and, permission to do so. The Captain of the ADDRESSES: EPA has established a therefore it is categorically excluded Port Buffalo or his on-scene docket for this action under Docket ID from further review under paragraph representative may be contacted via No. EPA–R08–OAR–2012–0351. All 34(g) of Figure 2–1 of the Commandant VHF Channel 16. Vessel operators given documents in the docket are listed on Instruction. An environmental analysis permission to enter or operate in the the www.regulations.gov Web site. checklist supporting this determination safety zone must comply with all Although listed in the index, some and a Categorical Exclusion directions given to them by the Captain information is not publicly available, Determination are available in the of the Port Buffalo, or his on-scene e.g., Confidential Business Information docket where indicated under representative. (CBI) or other information whose

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disclosure is restricted by statute. source or other type of emissions IV. Statutory and Executive Orders Certain other material, such as activity within the state from emitting Review copyrighted material, is not placed on air pollutants that will (element 1) Under the CAA, the Administrator is the Internet and will be publicly contribute significantly to required to approve a SIP submission available only in hard copy form. nonattainment in any other state with that complies with the provisions of the Publicly available docket materials are respect to any such national primary or Act and applicable federal regulations available either electronically through secondary NAAQS, and (element 2) (42 U.S.C. 7410(k), 40 CFR 52.02(a)). www.regulations.gov or in hard copy at interfere with maintenance by any other Thus, in reviewing SIP submissions, the Air Program, Environmental state with respect to the same NAAQS. EPA’s role is to approve state choices, Protection Agency (EPA), Region 8, The two elements under provided that they meet the criteria of 1595 Wynkoop Street, Denver, Colorado 110(a)(2)(D)(i)(II) require SIPs to contain the CAA. Accordingly, this action 80202–1129. EPA requests that if at all adequate provisions to prohibit merely approves state law as meeting possible, you contact the individual emissions that will interfere with federal requirements; this action does listed in the FOR FURTHER INFORMATION measures required to be included in the not impose additional requirements CONTACT section to view the hard copy applicable implementation plan for any beyond those imposed by state law. For of the docket. You may view the hard other state under part C (element 3) to that reason, this action: copy of the docket Monday through prevent significant deterioration of air • Is not a ‘‘significant regulatory Friday, 8:00 a.m. to 4:00 p.m., excluding quality or (element 4) to protect action’’ subject to review by the Office federal holidays. visibility. of Management and Budget under FOR FURTHER INFORMATION CONTACT: On August 19, 2011, the Wyoming Executive Order 12866 (58 FR 51735, Adam Clark, Air Program, U.S. Department of Environmental Quality October 4, 1993); Environmental Protection Agency (WDEQ) made a submission certifying • Does not impose an information (EPA), Region 8, Mail Code 8P–AR, that Wyoming’s SIP is adequate to collection burden under the provisions 1595 Wynkoop Street, Denver, Colorado implement the 2006 24-hour PM2.5 of the Paperwork Reduction Act (44 80202–1129, 303–312–7104, NAAQS for all the ‘‘infrastructure’’ U.S.C. 3501 et seq.); [email protected]. requirements of CAA section 110(a)(2).1 • Is certified as not having a SUPPLEMENTARY INFORMATION: On April 23, 2015, WDEQ sent EPA a significant economic impact on a letter clarifying its August 19, 2011 I. Background substantial number of small entities submission with regard to elements 1– under the Regulatory Flexibility Act (5 2 A. 2006 PM2.5 NAAQS and Interstate 3 of CAA section 110(a)(2)(D)(i). EPA U.S.C. 601 et seq.); Transport proposed approval of 110(a)(2)(D)(i) • Does not contain any unfunded On September 21, 2006, EPA elements 1–3 of Wyoming’s August 19, mandate or significantly or uniquely promulgated a final rule revising the 2011 submission on May 18, 2015 (80 affect small governments, as described 1997 24-hour primary and secondary FR 28209). in the Unfunded Mandates Reform Act NAAQS for PM2.5 from 65 micrograms II. Response to Comments of 1995 (Pub. L. 104–4); per cubic meter (mg/m3) to 35 mg/m3 • Does not have federalism (October 17, 2006, 71 FR 61144). EPA did not receive any comments on implications as specified in Executive Section 110(a)(1) of the CAA requires the May 18, 2015 proposal. Order 13132 (64 FR 43255, August 10, each state to submit to EPA, within III. Final Rule 1999); three years (or such shorter period as • Is not an economically significant the Administrator may prescribe) after EPA is approving the 110(a)(2)(D)(i)(I) regulatory action based on health or the promulgation of a primary or portion of Wyoming’s August 19, 2011 safety risks subject to Executive Order secondary NAAQS or any revision submission. We are approving elements 13045 (62 FR 19885, April 23, 1997); thereof, a SIP that provides for the 1 and 2 of this portion of the submission • Is not a significant regulatory action ‘‘implementation, maintenance, and based on EPA’s supplemental subject to Executive Order 13211 (66 FR enforcement’’ of such NAAQS. EPA evaluation of relevant technical 28355, May 22, 2001); refers to these specific submittals as information, which supports a finding • Is not subject to requirements of ‘‘infrastructure’’ SIPs because they are that emissions from Wyoming do not Section 12(d) of the National intended to address basic structural SIP significantly contribute to Technology Transfer and Advancement requirements for new or revised nonattainment or interfere with Act of 1995 (15 U.S.C. 272 note) because maintenance of the 2006 24-hour PM2.5 NAAQS. For the 2006 24-hour PM2.5 application of those requirements would NAAQS, these infrastructure SIPs were NAAQS in any other state and that the be inconsistent with the CAA; and, due on September 21, 2009. CAA existing Wyoming SIP is, therefore, • Does not provide EPA with the section 110(a)(2) includes a list of adequate to meet the requirements of discretionary authority to address, as specific elements that ‘‘[e]ach such plan CAA section 110(a)(2)(D)(i)(I) for the appropriate, disproportionate human submission’’ must meet. 2006 24-hour PM2.5 NAAQS. health or environmental effects, using The interstate transport provisions in EPA is also approving element 3 of practicable and legally permissible CAA section 110(a)(2)(D)(i) (also called 110(a)(2)(D)(i) from Wyoming’s August methods, under Executive Order 12898 ‘‘good neighbor’’ provisions) require 19, 2011 submission, based on a finding (59 FR 7629, February 16, 1994). each state to submit a SIP that prohibits that the Wyoming SIP is adequate to The SIP is not approved to apply on emissions that will have certain adverse meet the PSD requirement of CAA any Indian reservation land or in any air quality effects in other states. CAA section 110(a)(2)(D)(i)(II). other area where EPA or an Indian tribe section 110(a)(2)(D)(i) identifies four has demonstrated that a tribe has distinct elements related to the impacts 1 WDEQ’s certification letter, dated August 19, jurisdiction. In those areas of Indian of air pollutants transported across state 2011 is included in the docket for this action. country, the rule does not have tribal 2 Wyoming’s clarification letter is available in the lines. The two elements under docket for this action. Wyoming’s May 3, 2007 implications and will not impose 110(a)(2)(D)(i)(I) require SIPs to contain Interstate Transport SIP can be found in the docket substantial direct costs on tribal adequate provisions to prohibit any for that action (EPA–R08–OAR–2007–0648). governments or preempt tribal law as

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specified by Executive Order 13175 (65 appropriate circuit by October 9, 2015. PART 52—APPROVAL AND FR 67249, November 9, 2000). Filing a petition for reconsideration by PROMULGATION OF The Congressional Review Act, 5 the Administrator of this final rule does IMPLEMENTATION PLANS U.S.C. 801 et seq., as added by the Small not affect the finality of this action for Business Regulatory Enforcement the purposes of judicial review nor does ■ 1. The authority citation for part 52 Fairness Act of 1996, generally provides it extend the time within which a continues to read as follows: that before a rule may take effect, the petition for judicial review may be filed, agency promulgating the rule must and shall not postpone the effectiveness Authority: 42 U.S.C. 7401 et seq. submit a rule report, which includes a of such rule or action. This action may copy of the rule, to each House of the not be challenged later in proceedings to Subpart ZZ—Wyoming Congress and to the Comptroller General enforce its requirements. (See CAA of the United States. EPA will submit a section 307(b)(2).) ■ 2. Section 52.2620 is amended in report containing this action and other paragraph (e) by: List of Subjects in 40 CFR Part 52 required information to the U.S. Senate, ■ a. Adding entry XXIV at the end of the the U.S. House of Representatives, and Environmental protection, Air table; and the Comptroller General of the United pollution control, Incorporation by ■ b. Removing the first instance of States prior to publication of the rule in reference, Intergovernmental relations, the Federal Register. A major rule Particulate matter, Reporting and footnote 3. cannot take effect until 60 days after it recordkeeping requirements. The addition reads as follows: is published in the Federal Register. Authority: 42 U.S.C. 7401 et seq. § 52.2620 Identification of plan. This action is not a ‘‘major rule’’ as Dated: July 23, 2015. * * * * * defined by 5 U.S.C. 804(2). Debra H. Thomas, Under section 307(b)(1) of the Clean (e) * * * Air Act, petitions for judicial review of Acting Regional Administrator, Region 8. this action must be filed in the United 40 CFR part 52 is amended to read as States Court of Appeals for the follows:

Name of nonregulatory SIP Applicable geographic or State submittal date/ EPA approval date and Explanations provision non-attainment area adopted date citation 3

******* XXIV. Interstate Transport. Statewide ...... Submitted: 8/19/2011 ...... 8/10/2015 ...... No action on section Wyoming Interstate [insert Federal Register 110(a)(2)(D)(i) prong 4, Transport SIP satisfying page number where visibility. the requirement of Sec- document begins]. tion 110(a)(2)(D)(i) of the CAA for the 2006 PM2.5 standards. 3 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this col- umn for that particular provision.

[FR Doc. 2015–19501 Filed 8–7–15; 8:45 am] 110(a)(1) and (2) of the Clean Air Act Docket ID Number EPA–R09–OAR– BILLING CODE 6560–50–P (CAA) for the 2008 Lead (Pb) and 2008 2014–0258. The index to the docket for ozone national ambient air quality this action is available electronically at standards (NAAQS). Section 110(a) of http://www.regulations.gov and in hard ENVIRONMENTAL PROTECTION the CAA requires that each State adopt copy at EPA Region IX, 75 Hawthorne, AGENCY and submit a SIP for the San Francisco, California. While all implementation, maintenance, and documents in the docket are listed in 40 CFR Part 52 enforcement of each NAAQS the index, some information may be promulgated by EPA. We refer to such publically available only at the hard [EPA–R09–OAR–2014–0258; FRL–9926–72– Region 9] SIP revisions as ‘‘infrastructure’’ SIPs copy location (e.g., copyrighted because they are intended to address material) and some may not be Approval and Promulgation of State basic structural SIP requirements for publically available in either location Implementation Plans; Arizona; new or revised NAAQS including, but (e.g., confidential business information Infrastructure Requirements for the not limited to, legal authority, (CBI)). To inspect the hard copy 2008 Lead (Pb) and the 2008 8-Hour regulatory structure, resources, permit materials, please schedule an Ozone National Ambient Air Quality programs, monitoring, and modeling appointment during normal business Standards (NAAQS) necessary to assure attainment and hours with the contact listed directly maintenance of the standards. In below. AGENCY: Environmental Protection addition, we are approving several state FOR FURTHER INFORMATION CONTACT: Agency (EPA). provisions addressing CAA conflict of Jeffrey Buss, Office of Air Planning, U.S. ACTION: Final rule. interest and monitoring requirements Environmental Protection Agency, into the Arizona SIP. SUMMARY: The Environmental Protection Region 9, (415) 947–4152, email: Agency (EPA) is approving State DATES: This final rule is effective on [email protected]. Implementation Plan (SIP) revisions September 9, 2015. SUPPLEMENTARY INFORMATION: submitted by the State of Arizona to ADDRESSES: EPA has established a Throughout this document, the terms address the requirements of section docket for this action, identified by ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.

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Table of Contents result, this action does not address The Arizona Department of I. Background infrastructure for the nonattainment Environmental Quality (ADEQ) has II. EPA’s Response to Comments NSR portion of section 110(a)(2)(C) or submitted several infrastructure SIP III. Final Action the whole of section 110(a)(2)(I). revisions pursuant to EPA’s IV. Incorporation by Reference On November 12, 2008, the U.S. promulgation of the NAAQS addressed V. Statutory and Executive Order Reviews Environmental Protection Agency (EPA) by this rule, including the following: issued a revised NAAQS for Pb.1 That • I. Background October 14, 2011—‘‘Arizona State action triggered a requirement for states Implementation Plan Revision under CAA section 110(a)(1) requires each to submit an infrastructure SIP to Clean Air Act Section 110(a)(1) and (2); state to submit to EPA, within three address the applicable requirements of 2008 Lead NAAQS,’’ to address all of years after the promulgation of a section 110(a)(2) within three years of the CAA section 110(a)(2) requirements, primary or secondary NAAQS or any issuance of the revised NAAQS. On except for section 110(a)(2)(G),8 for the revision thereof, an infrastructure SIP October 14, 2011, EPA issued 2008 Pb NAAQS (2011 Pb I–SIP revision that provides for the ‘‘Guidance on Section 110 Infrastructure Submittal). implementation, maintenance, and SIPs for the 2008 Pb NAAQS’’, referred • 2 December 27, 2012—‘‘Arizona State enforcement of such NAAQS. Section to herein as EPA’s 2011 Pb Guidance. Implementation Plan Revision under 110(a)(2) sets the content requirements Depending on the timing of a given Clean Air Act Section 110(a)(1) and (2); of such a plan, which generally relate to submittal, some states relied on the 2008 8-hour Ozone NAAQS,’’ to address the information and authorities, earlier draft version of this guidance, all of the CAA section 110(a)(2) referred to herein as EPA’s 2011 Draft compliance assurances, procedural requirements for the 2008 8-hour Ozone Pb Guidance.3 EPA issued additional requirements, and control measures that NAAQS (2012 Ozone I–SIP Submittal). constitute the ‘‘infrastructure’’ of a guidance on infrastructure SIPs on • December 6, 2013—‘‘Submittal of state’s air quality management program. September 13, 2013.4 Maricopa County Rule 100 revising the These infrastructure SIP elements On March 27, 2008, EPA issued a Maricopa County Portion of the Arizona required by section 110(a)(2) are as revised NAAQS for 8-hour Ozone.5 That State Implementation Plan for Section follows: action triggered a requirement for states 110(a)(2) Infrastructure’’ from Eric • Section 110(a)(2)(A): Emission to submit an infrastructure SIP to Massey, Director of ADEQ (2013 limits and other control measures. address the applicable requirements of Maricopa County Submittal). Maricopa • Section 110(a)(2)(B): Ambient air section 110(a)(2) within three years of County Rule 100 was submitted to quality monitoring/data system. issuance of the revised NAAQS. EPA • Section 110(a)(2)(C): Program for did not, however, prepare guidance at address a deficiency in section enforcement of control measures and that time for states in submitting I–SIP 110(a)(2)(E)(ii) of the SIP for Maricopa regulation of new and modified revisions for the 2008 Ozone NAAQS.6 County concerning conflict of interest stationary sources. On September 13, 2013, EPA issued requirements for hearing boards. • • Section 110(a)(2)(D)(i): Interstate ‘‘Guidance of Infrastructure State December 19, 2013—‘‘Submittal of pollution transport. Implementation Plan (SIP) Elements Pima County Rules revising the Pima • Section 110(a)(2)(D)(ii): Interstate under Clean Air Act Sections 110(a)(1) County Portion of the Arizona State and international pollution abatement. and 110(a)(2),’’ which provides advice Implementation Plan for Section • Section 110(a)(2)(E): Adequate on the development of infrastructure 110(a)(2) Infrastructure’’ from Eric resources and authority, conflict of SIPs for the 2008 ozone NAAQS (among Massey, Director of ADEQ (2013 Pima interest, and oversight of local and other pollutants) as well as County Submittal). This submittal regional government agencies. infrastructure SIPs for new or revised included Pima County Rule 17.04.190 • Section 110(a)(2)(F): Stationary NAAQS promulgated in the future.7 ‘‘Composition,’’ adopted September 28, source monitoring and reporting. 1993; Pima County Rule 17.12.040 • Section 110(a)(2)(G): Emergency 1 73 FR 66964 (November 12, 2008). The 1978 Pb ‘‘Reporting for Compliance episodes. standard (1.5 mg/m3 as a quarterly average) was Evaluations,’’ adopted September 28, • Section 110(a)(2)(H): SIP revisions. modified to a rolling 3 month average not to be 1993; and Pima County Rule 17.24.040 • exceeded of 0.15 mg/m3. EPA also revised the Section 110(a)(2)(J): Consultation secondary NAAQS to 0.15 mg/m3and made it ‘‘Reporting Requirements,’’ adopted with government officials, public identical to the revised primary standard. Id. April 19, 2005 for inclusion into the notification, PSD, and visibility 2 See Memorandum from Stephen D. Page, Arizona SIP. These rules were protection. Director, Office of Air Quality Planning and submitted to address deficiencies in • Standards, to Regional Air Division Directors, Section 110(a)(2)(K): Air quality Regions 1–10 (October 14, 2011). section 110(a)(2)(E)(ii) of the SIP modeling and submittal of modeling 3 ‘‘DRAFT Guidance on SIP Elements Required concerning conflict of interest data. Under Sections 110(a)(1) and (2) for the 2008 Lead requirements for hearing boards and • Section 110(a)(2)(L): Permitting (Pb) National Ambient Air Quality Standards section 110(a)(2)(F) of the SIP fees. (NAAQS),’’ June 17, 2011 version. concerning stationary source monitoring • Section 110(a)(2)(M): Consultation/ 4 See Memorandum dated September 13, 2013 from Stephen D. Page, Director, EPA Office of Air and reporting. participation by affected local entities. Quality Planning and Standards, to Regional Air Two elements identified in section Directors, EPA Regions 1–10, ‘‘Guidance on Directors, EPA Regions 1–10, ‘‘Guidance on 110(a)(2) are not governed by the three- Infrastructure State Implementation Plan (SIP) Infrastructure State Implementation Plan (SIP) year submittal deadline of section Elements under Clean Air Act Sections 110(a)(1) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)’’ (referred to herein as ‘‘2013 110(a)(1) and are therefore not and 110(a)(2)’’ (referred to herein as ‘‘2013 Infrastructure SIP Guidance’’). Infrastructure SIP Guidance’’). addressed in this action. These two 5 73 FR 16436 (March 27, 2008). 8 In a separate rulemaking, EPA fully approved elements are: (i) Section 110(a)(2)(C) to 6 Preparation of guidance for the 2008 Ozone Arizona’s SIP to address the requirements regarding the extent it refers to permit programs NAAQS was postponed given EPA’s emergency episodes in CAA section required under part D (nonattainment reconsideration of the standard. See 78 FR 34183 110(a)(2)(G) for the 1997 8-hour ozone NAAQS. 77 (June 6, 2013). FR 62452 (October 15, 2012). Although ADEQ did NSR), and (ii) section 110(a)(2)(I), 7 See Memorandum dated September 13, 2013 not submit an analysis of Section 110(a)(2)(G) pertaining to the nonattainment from Stephen D. Page, Director, EPA Office of Air requirements, we discuss them in our TSD, which planning requirements of part D. As a Quality Planning and Standards, to Regional Air is in the docket for this rulemaking.

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• September 4, 2014—‘‘Submittal of 110(a)(2)(C), (D), (J) and (K) of the Act. beyond those imposed by state law. For Pinal County Rule 1–3–140 Revising the On October 29, 2012, ADEQ submitted that reason, this action: Pinal County Portion of the Arizona ‘‘New Source Review State • Is not a ‘‘significant regulatory State Implementation Plan for Section Implementation Plan Submission’’ and action’’ subject to review by the Office 110(a)(2) Infrastructure’’ from Eric on July 2, 2014 submitted of Management and Budget under Massey, Director of ADEQ (2014 Pinal ‘‘Supplemental Information to 2012 Executive Order 12866 (58 FR 51735, New Source Review State County Submittal). This submittal October 4, 1993); included Pinal County Rule 1–3–140 Implementation Plan Submission’’. • ‘‘Definitions,’’ adopted July 23, 2014 for These submissions address the Does not impose an information inclusion into the Arizona SIP. Pinal permitting portions of I–SIP elements in collection burden under the provisions County Rule 1–3–140 was submitted to sections 110(a)(2)(C), (D), (J) and (K) of of the Paperwork Reduction Act (44 address a deficiency in section the Act and will be addressed in a U.S.C. 3501 et seq.); 110(a)(2)(E)(ii) of the SIP for Pinal subsequent rulemaking. • Is certified as not having a County concerning conflict of interest Section 110(l) of the Act prohibits significant economic impact on a requirements for hearing boards. EPA from approving any SIP revision substantial number of small entities that would interfere with any applicable II. EPA’s Response to Comments under the Regulatory Flexibility Act (5 requirement concerning attainment and U.S.C. 601 et seq.); reasonable further progress (RFP) or any The public comment period on EPA’s • proposed rule opened on November 24, other applicable requirement of the Act. Does not contain any unfunded 2014, the date of its publication in the All of the elements of the infrastructure mandate or significantly or uniquely Federal Register at 79 FR 69796, and SIP that we are approving, as explained affect small governments, as described closed on December 24, 2014. During in the TSD, improve the SIP by in the Unfunded Mandates Reform Act that period, EPA did not receive any replacing obsolete statutes or of 1995 (Pub. L. 104–4); comments. regulations and by updating the state • Does not have Federalism and local agencies’ SIP implementation III. Final Action implications as specified in Executive and enforcement authorities. We have Order 13132 (64 FR 43255, August 10, Under CAA section 110(k)(3) and determined that our approval of the 1999); based on the evaluation and rationale elements discussed above complies with • presented in the proposed rule, the CAA section 110(l) because the SIP Is not an economically significant technical support document and this revision would not interfere with the regulatory action based on health or final rule, EPA is approving the 2011 Pb on-going process for ensuring that safety risks subject to Executive Order I–SIP Submittal, the 2012 Ozone I–SIP requirements for RFP and attainment of 13045 (62 FR 19885, April 23, 1997); Submittal, the 2013 Maricopa County the NAAQS are met, and the SIP • Is not a significant regulatory action Submittal, the 2013 Pima County revision clarifies and updates the SIP. subject to Executive Order 13211 (66 FR Submittal and the 2014 Pinal County Our TSD contains a more detailed 28355, May 22, 2001); Submittal with respect to the following discussion of our evaluation. • Is not subject to requirements of infrastructure SIP requirements: IV. Incorporation by Reference Section 12(d) of the National • Section 110(a)(2)(A): Emission In this rule, the EPA is finalizing Technology Transfer and Advancement limits and other control measures. Act of 1995 (15 U.S.C. 272 note) because • Section 110(a)(2)(B): Ambient air regulatory text that includes incorporation by reference. In application of those requirements would quality monitoring/data system. be inconsistent with the Clean Air Act; • Section 110(a)(2)(E): Adequate accordance with requirements of 1 CFR and resources and authority, conflict of 51.5, the EPA is finalizing the interest, and oversight of local and incorporation by reference of the • Does not provide EPA with the regional government agencies. Arizona Regulations described in the discretionary authority to address, as • Section 110(a)(2)(F): Stationary amendments to 40 CFR part 52 set forth appropriate, disproportionate human source monitoring and reporting. below. The EPA has made, and will health or environmental effects, using • Section 110(a)(2)(G): Emergency continue to make, these documents practicable and legally permissible episodes. generally available electronically methods, under Executive Order 12898 • Section 110(a)(2)(H): SIP revisions. through www.regulations.gov and/or in (59 FR 7629, February 16, 1994). • Section 110(a)(2)(L): Permitting hard copy at the appropriate EPA office The SIP is not approved to apply on fees. (see the ADDRESSES section of this • any Indian reservation land or in any Section 110(a)(2)(M): Consultation/ preamble for more information). other area where EPA or an Indian tribe participation by affected local entities. has demonstrated that a tribe has In addition, we are approving into the V. Statutory and Executive Order jurisdiction. In those areas of Indian SIP certain regulatory provisions Reviews country, the rule does not have tribal included in the 2013 Pima County and Under the Clean Air Act, the implications and will not impose Maricopa County Submittals, and in the Administrator is required to approve a substantial direct costs on tribal 2014 Pinal County Submittal, as SIP submission that complies with the governments or preempt tribal law as discussed in the TSD.9 provisions of the Act and applicable We are not acting today on those Federal regulations. 42 U.S.C. 7410(k); specified by Executive Order 13175 (65 elements of the infrastructure SIP that 40 CFR 52.02(a). Thus, in reviewing SIP FR 67249, November 9, 2000). address the requirements of sections submissions, EPA’s role is to approve List of Subjects in 40 CFR Part 52 state choices, provided that they meet 9 Copies of these Arizona county regulations are the criteria of the Clean Air Act. Environmental protection, Air included in the 2013 Pima County and Maricopa Accordingly, this action merely pollution control, Incorporation by County Submittals, and 2014 Pinal County reference, Intergovernmental relations, Submittal, which are available in the docket for this proposes to approve state law as action and online at http://regulations.gov, docket meeting Federal requirements and does Ozone, Lead, Reporting and number EPA–R09–OAR–2014–0258. not impose additional requirements recordkeeping requirements.

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Dated: February 19, 2015. (1) Board of Supervisors of Pima ENVIRONMENTAL PROTECTION Alexis Strauss, County, Arizona, Ordinance No. 1993– AGENCY Acting Regional Administrator, Region IX. 128, Section 1, 17.040.190 ‘‘Composition’’ Section 6, 17.24.040 40 CFR Part 52 Editorial Note: This document was received for publication by the Office of the ‘‘Reporting for compliance evaluations’’ [EPA–R08–OAR–2012–0346; FRL–9932–04– Federal Register on August 4, 2015. adopted September 28, 1993. Region 8] Part 52, chapter I, title 40 of the Code (2) Board of Supervisors of Pima Approval and Promulgation of State of Federal Regulations is amended as County, Arizona, Ordinance 2005–43, Implementation Plans; State of follows: Chapter 17.12, Permits and Permit Colorado; Interstate Transport of Revisions, section 2,17.12.040 Pollution for the 2006 24-Hour PM PART 52—APPROVAL AND 2.5 ‘‘Reporting Requirements’’ adopted NAAQS PROMULGATION OF April 19, 2005. IMPLEMENTATION PLANS AGENCY: Environmental Protection (170) The following plan was Agency (EPA). ■ 1. The authority citation for part 52 submitted on September 4, 2014 by the ACTION: Final rule. continues to read as follows: Governor’s designee. Authority: 42 U.S.C. 7401 et seq. (i) Incorporation by reference. SUMMARY: The Environmental Protection Agency (EPA) is approving a May 11, Subpart D—Arizona (A) Pinal County Air Quality Control 2012 State Implementation Plan (SIP) District. submission from the State of Colorado ■ 2. Section 52.120 is amended by (1) Pinal County Board of Supervisors, that is intended to demonstrate that its adding paragraphs (c)(166), (167), (168), Resolution No. 072314–AQ1, 1–3–140, SIP meets certain interstate transport (169), and (170) to read as follows: Definitions, 74, Hearing Board, requirements of the Clean Air Act (Act § 52.120 Identification of plan. including new text that is underlined or CAA) for the 2006 fine particulate and excluding removed text which was matter (PM2.5) National Ambient Air * * * * * Quality Standards (NAAQS). This (c) * * * struck by the board, effective July 23, submission addresses the requirement (166) The following plan was 2014. that Colorado’s SIP contain adequate submitted on October 14, 2011, by the ■ 3. Section 52.123 is amended by provisions prohibiting air emissions that Governor’s designee. revising paragraphs (l), (m), and (n) to will have certain adverse air quality (i) [Reserved] read as follows: (ii) Additional materials. effects in other states. EPA is (A) Arizona Department of § 52.123 Approval status. determining that Colorado’s existing SIP contains adequate provisions to ensure Environmental Quality. * * * * * (1) Arizona State Implementation Plan that air emissions in Colorado do not Revision under Clean Air Act Section (l) 1997 8-hour ozone NAAQS: The significantly contribute to 110(a)(1) and (2); Implementation of the SIPs submitted on October 14, 2009 and nonattainment or interfere with 2008 Lead National Ambient Air August 24, 2012 are fully or partially maintenance of the 2006 24-hour PM2.5 Quality Standards, excluding the disapproved for Clean Air Act (CAA) NAAQS in any other state, or interfere appendices. elements 110(a)(2)(C), (D)(ii), (J) and (K) with another state’s measures to prevent (167) The following plan was for all portions of the Arizona SIP. significant deterioration of air quality or submitted on December 27, 2012 by the to protect visibility. EPA is also (m) 1997 PM2.5 NAAQS: The SIPs approving the portion of Colorado’s Governor’s designee. submitted on October 14, 2009 and (i) [Reserved] submission that addresses the CAA (ii) Additional materials. August 24, 2012 are fully or partially requirement that SIPs contain adequate (A) Arizona Department of disapproved for Clean Air Act (CAA) provisions related to interstate and Environmental Quality. elements 110(a)(2)(C), (D)(ii), (J) and (K) international pollution abatement. (1) Arizona State Implementation Plan for all portions of the Arizona SIP. DATES: This final rule is effective on Revision under Clean Air Act Section (n) 2006 PM2.5 NAAQS: The SIPs September 9, 2015. 110(a)(1) and (2); 2008 8-hour Ozone submitted on October 14, 2009 and ADDRESSES: EPA has established a NAAQS, excluding the appendices. August 24, 2012 are fully or partially docket for this action under Docket ID (168) The following plan was disapproved for Clean Air Act (CAA) No. EPA–R08–OAR–2012–0346. All submitted on December 6, 2013 by the elements 110(a)(2)(C), (D)(i)(II) (interfere documents in the docket are listed on Governor’s designee. the www.regulations.gov Web site. (i) Incorporation by reference. with measures in any other state to (A) Maricopa County Air Quality prevent significant deterioration of air Although listed in the index, some Department. quality), (D)(ii), (J) and (K) for all information is not publicly available, (1) Maricopa County Air Pollution portions of the Arizona SIP. e.g., Confidential Business Information (CBI) or other information whose Control Regulations, Rule 100 (‘‘General [FR Doc. 2015–19499 Filed 8–7–15; 8:45 am] disclosure is restricted by statute. Provisions and Definitions’’), section BILLING CODE 6560–50–P 100 (‘‘General’’), subsection 108 Certain other material, such as (‘‘Hearing Board’’), revised September copyrighted material, is not placed on 25, 2013. the Internet and will be publicly (169) The following plan was available only in hard copy form. submitted on December 19, 2013 by the Publicly available docket materials are Governor’s designee. available either electronically through (i) [Reserved] www.regulations.gov or in hard copy at (ii) Additional materials. the Air Program, Environmental (A) Pima County Department of Protection Agency (EPA), Region 8, Environmental Quality. 1595 Wynkoop Street, Denver, Colorado

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80202–1129. EPA requests that if at all other state under part C (element 3) to IV. Statutory and Executive Orders possible, you contact the individual prevent significant deterioration of air Review listed in the FOR FURTHER INFORMATION quality or (element 4) to protect Under the CAA, the Administrator is CONTACT section to view the hard copy visibility. CAA section 110(a)(2)(D)(ii) required to approve a SIP submission of the docket. You may view the hard requires that each SIP shall contain that complies with the provisions of the copy of the docket Monday through adequate provisions insuring Act and applicable federal regulations Friday, 8:00 a.m. to 4:00 p.m., excluding compliance with applicable (42 U.S.C. 7410(k), 40 CFR 52.02(a)). federal holidays. requirements of sections 126 and 115 Thus, in reviewing SIP submissions, FOR FURTHER INFORMATION CONTACT: (relating to interstate and international EPA’s role is to approve state choices, Adam Clark, Air Program, U.S. pollution abatement). provided that they meet the criteria of Environmental Protection Agency On May 11, 2012, the Colorado the CAA. Accordingly, this action (EPA), Region 8, Mail Code 8P–AR, Department of Public Health and merely approves state law as meeting 1595 Wynkoop Street, Denver, Colorado Environment (CDPHE) submitted an federal requirements and does not 80202–1129, 303–312–7104, interstate transport SIP which impose additional requirements beyond [email protected]. concluded that Colorado meets all of the those imposed by state law. For that I. Background requirements of CAA section reason, this action: 110(a)(2)(D)(i) for the 2006 24-hour • Is not a ‘‘significant regulatory On September 21, 2006, EPA 1 PM2.5 NAAQS. The State’s May 11, action’’ subject to review by the Office promulgated a final rule revising the 2012 interstate transport submission 1997 24-hour primary and secondary of Management and Budget under and June 4, 2010 infrastructure SIP Executive Order 12866 (58 FR 51735, NAAQS for PM2.5 from 65 micrograms certification for the 2006 24-hour PM m 3 m 3 2.5 October 4, 1993); per cubic meter ( g/m ) to 35 g/m NAAQS both overlooked the • (October 17, 2006, 71 FR 61144). Does not impose an information requirements of CAA section Section 110(a)(1) of the CAA requires collection burden under the provisions 110(a)(2)(D)(ii), which requires that each each state to submit to EPA, within of the Paperwork Reduction Act (44 three years (or such shorter period as SIP shall contain adequate provisions U.S.C. 3501 et seq.); • the Administrator may prescribe) after insuring compliance with applicable Is certified as not having a the promulgation of a primary or requirements of sections 126 and 115 significant economic impact on a secondary NAAQS or any revision (relating to interstate and international substantial number of small entities thereof, a SIP that provides for the pollution abatement). The State under the Regulatory Flexibility Act (5 ‘‘implementation, maintenance, and submitted a clarification letter on March U.S.C. 601 et seq.); • enforcement’’ of such NAAQS. EPA 12, 2015, which explained that the State Does not contain any unfunded refers to these specific submittals as had inadvertently left discussion of mandate or significantly or uniquely ‘‘infrastructure’’ SIPs because they are 110(a)(2)(D)(ii) out of the 2006 24-hour affect small governments, as described 2 intended to address basic structural SIP PM2.5 infrastructure certification. EPA in the Unfunded Mandates Reform Act requirements for new or revised proposed approval of all 110(a)(2)(D)(i) of 1995 (Pub. L. 104–4); and 110(a)(2)(D)(ii) elements of • NAAQS. For the 2006 24-hour PM2.5 Does not have federalism NAAQS, these infrastructure SIPs were Colorado’s May 11, 2012 submission on implications as specified in Executive due on September 21, 2009. CAA May 12, 2015 (80 FR 27121). Order 13132 (64 FR 43255, August 10, section 110(a)(2) includes a list of 1999); II. Response to Comments • specific elements that ‘‘[e]ach such plan Is not an economically significant submission’’ must meet. EPA did not receive any comments on regulatory action based on health or The interstate transport provisions in the May 12, 2015 proposal. safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); CAA section 110(a)(2)(D)(i) (also called III. Final Rule ‘‘good neighbor’’ provisions) require • Is not a significant regulatory action each state to submit a SIP that prohibits EPA is approving all four interstate subject to Executive Order 13211 (66 FR emissions that will have certain adverse transport elements of CAA Section 28355, May 22, 2001); air quality effects in other states. CAA 110(a)(2)(D)(i) from Colorado’s May 11, • Is not subject to requirements of section 110(a)(2)(D)(i) identifies four 2012 submission. This approval is based Section 12(d) of the National distinct elements related to the impacts on EPA’s finding that emissions from Technology Transfer and Advancement of air pollutants transported across state Colorado do not significantly contribute Act of 1995 (15 U.S.C. 272 note) because lines. The two elements under to nonattainment or interfere with application of those requirements would 110(a)(2)(D)(i)(I) require SIPs to contain maintenance of the 2006 24-hour PM2.5 be inconsistent with the CAA; and, adequate provisions to prohibit any NAAQS in any other state and that the • Does not provide EPA with the source or other type of emissions existing Colorado SIP is, therefore, discretionary authority to address, as activity within the state from emitting adequate to meet the requirements of appropriate, disproportionate human air pollutants that will (element 1) CAA section 110(a)(2)(D)(i) for the 2006 health or environmental effects, using contribute significantly to 24-hour PM2.5 NAAQS. practicable and legally permissible nonattainment in any other state with EPA is also approving the methods, under Executive Order 12898 respect to any such national primary or 110(a)(2)(D)(ii) portion of Colorado’s (59 FR 7629, February 16, 1994). secondary NAAQS, and (element 2) submission, based on our finding that The SIP is not approved to apply on interfere with maintenance by any other the State’s existing SIP is adequate to any Indian reservation land or in any state with respect to the same NAAQS. meet the requirements of this element other area where EPA or an Indian tribe The two elements under for the 2006 24-hour PM NAAQS. has demonstrated that a tribe has 110(a)(2)(D)(i)(II) require SIPs to contain 2.5 jurisdiction. In those areas of Indian adequate provisions to prohibit country, the rule does not have tribal 1 Colorado’s SIP, dated May 11, 2012, is included emissions that will interfere with in the docket for this action. implications and will not impose measures required to be included in the 2 Colorado’s certification letter is available in the substantial direct costs on tribal applicable implementation plan for any docket for this action. governments or preempt tribal law as

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specified by Executive Order 13175 (65 § 52.352 Interstate transport. under Amendment 97. Due to the FR 67249, November 9, 2000). * * * * * directed fishing closure, significant The Congressional Review Act, 5 (c) Addition to the Colorado State amounts of non-pollock groundfish U.S.C. 801 et seq., as added by the Small Implementation Plan of the Colorado remain unharvested by the Non- Business Regulatory Enforcement Interstate Transport SIP regarding 2006 Rockfish Program CV Sector, and Fairness Act of 1996, generally provides PM2.5 Standards for all four of the CAA fishermen, shoreside processors, and that before a rule may take effect, the section 110(a)(2)(D)(i) requirements communities that participate in the agency promulgating the rule must submitted by the Governor’s designee Non-Rockfish Program CV Sector have submit a rule report, which includes a on May 11, 2012. limited alternatives to mitigate the copy of the rule, to each House of the [FR Doc. 2015–19500 Filed 8–7–15; 8:45 am] resulting significant, negative economic Congress and to the Comptroller General BILLING CODE 6560–50–P effects. This emergency rule is necessary of the United States. EPA will submit a to relieve a restriction that is preventing report containing this action and other non-pollock groundfish harvest by the required information to the U.S. Senate, DEPARTMENT OF COMMERCE Non-Rockfish Program CV Sector while the U.S. House of Representatives, and continuing to limit the amount of the Comptroller General of the United National Oceanic and Atmospheric Chinook salmon PSC used by this States prior to publication of the rule in Administration sector. This rule is intended to promote the Federal Register. A major rule the goals and objectives of the cannot take effect until 60 days after it 50 CFR Part 679 Magnuson-Stevens Fishery Conservation and Management Act, the is published in the Federal Register. [Docket No. 150629564–5564–01] This action is not a ‘‘major rule’’ as FMP, and other applicable law. defined by 5 U.S.C. 804(2). RIN 0648–BF24 DATES: The amendments to § 679.21(i)(2)(iii) and (i)(7)(i) are Under section 307(b)(1) of the Clean Fisheries of the Exclusive Economic Air Act, petitions for judicial review of effective August 10, 2015. The Zone Off Alaska; Prohibited Species amendment to § 679.21(i)(8) is effective this action must be filed in the United Catch; Emergency Rule States Court of Appeals for the August 10, 2015, through December 31, appropriate circuit by October 9, 2015. AGENCY: National Marine Fisheries 2015. Comments must be received by Filing a petition for reconsideration by Service (NMFS), National Oceanic and September 9, 2015. the Administrator of this final rule does Atmospheric Administration (NOAA), ADDRESSES: You may submit comments, not affect the finality of this action for Commerce. identified by NOAA-NMFS-2015-0082, the purposes of judicial review nor does ACTION: Emergency rule; request for by any of the following methods: • it extend the time within which a comments. Electronic Submission: Submit all petition for judicial review may be filed, electronic public comments via the and shall not postpone the effectiveness SUMMARY: This emergency rule Federal e-Rulemaking Portal. Go to of such rule or action. This action may establishes a 1,600 Chinook salmon www.regulations.gov/ not be challenged later in proceedings to prohibited species catch (PSC) limit for #!docketDetail;D=NOAA-NMFS-2015- enforce its requirements. (See CAA the Western and Central Gulf of Alaska 0082, click the ‘‘Comment Now!’’ icon, section 307(b)(2).) (GOA) Non-Rockfish Program trawl complete the required fields, and enter catcher vessel sector (Non-Rockfish or attach your comments. List of Subjects in 40 CFR Part 52 Program CV Sector) that is immediately • Mail: Submit written comments to available for use by the sector until the Environmental protection, Air Glenn Merrill, Assistant Regional limit is reached or December 31, 2015. pollution control, Incorporation by Administrator, Sustainable Fisheries On January 1, 2015, an annual Chinook reference, Intergovernmental relations, Division, Alaska Region NMFS, Attn: salmon PSC limit of 2,700 Chinook Nitrogen dioxide, Ozone, Particulate Ellen Sebastian. Mail comments to P.O. salmon became available for use by the matter, Reporting and recordkeeping Box 21668, Juneau, AK 99802–1668. Non-Rockfish Program CV Sector Instructions: Comments sent by any requirements, Volatile organic implementing Amendment 97 to the other method, to any other address or compounds. Fishery Management Plan for individual, or received after the end of Authority: 42 U.S.C. 7401 et seq. Groundfish of the GOA (FMP). On May the comment period, may not be Dated: July 23, 2015. 3, 2015, and considerably earlier than considered by NMFS. All comments Debra H. Thomas, had been expected, NMFS prohibited received are a part of the public record Acting Regional Administrator, Region 8. directed fishing for groundfish by the and will generally be posted for public Non-Rockfish Program CV Sector after viewing on www.regulations.gov 40 CFR part 52 is amended to read as determining that the sector had without change. All personal identifying follows: exceeded its annual PSC limit of 2,700 information (e.g., name, address), Chinook salmon. The North Pacific confidential business information, or PART 52—APPROVAL AND Fishery Management Council and otherwise sensitive information PROMULGATION OF NMFS recently discovered that the use submitted voluntarily by the sender will IMPLEMENTATION PLANS of Chinook salmon PSC by the Non- be publicly accessible. NMFS will Rockfish Program CV Sector in the first accept anonymous comments (enter ‘‘N/ ■ 1. The authority citation for Part 52 few months of 2015 was exorbitantly A’’ in the required fields if you wish to continues to read as follows: greater than the historical use, which remain anonymous). Authority: 42 U.S.C. 7401 et seq. was relied on in developing the Chinook Electronic copies of the Regulatory salmon PSC limit for this sector, and Impact Review (RIR), and the Subpart G—Colorado that this discrepancy in use was not Categorical Exclusion prepared for this foreseen when the PSC limit of 2,700 emergency rule may be obtained from ■ 2. Section 52.352 is amended by Chinook salmon for the Non-Rockfish http://www.regulations.gov or from the adding paragraph (c) to read as follows: Program CV Sector was implemented Alaska Region Web site at http://

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alaskafisheries.noaa.gov. The specifications for the GOA groundfish is to avoid exceeding the annual catch Environmental Assessment, RIR, and fisheries (80 FR 10250, February 25, threshold of 40,000 Chinook salmon Initial Regulatory Flexibility Analysis 2015). identified in the incidental take for Amendment 93 to the FMP The Council and NMFS have adopted statement accompanying the November (Amendment 93 Analysis) and the various measures intended to control 30, 2000, biological opinion on the Environmental Assessment, RIR, and the catch of species taken incidentally effects of the Alaska groundfish fisheries Final Regulatory Flexibility Analysis for in groundfish fisheries. Certain species on salmon of the Pacific Northwest that Amendment 97 to the FMP are designated as ‘‘prohibited species’’ are listed as threatened or endangered (Amendment 97 Analysis) are available in the FMP because they are the target under the Endangered Species Act. The from the NMFS Alaska Region Web site of other, fully utilized domestic second goal is to minimize Chinook at http://alaskafisheries.noaa.gov. fisheries. The prohibited species in the salmon bycatch to the extent FOR FURTHER INFORMATION CONTACT: Jeff FMP are Pacific halibut, Pacific herring, practicable, consistent with the Hartman, 907–586–7228. Pacific salmon, steelhead trout, king Magnuson-Stevens Act and National crab, and Tanner crab. One of the Standard 9. The third goal is to increase SUPPLEMENTARY INFORMATION: NMFS prohibited species of greatest concern to the amount of Chinook salmon stock of manages the groundfish fisheries in the the Council and NMFS is Chinook origin information available to NMFS U.S. exclusive economic zone of the salmon. Chinook salmon is a prohibited and the Council. This third goal is not Gulf of Alaska (GOA) under the Fishery species in the groundfish fisheries modified or otherwise affected by this Management Plan for Groundfish of the because it is a culturally and emergency rule and is not addressed GOA (FMP). The North Pacific Fishery economically valuable species that is further. Amendment 97 is described in Management Council (Council) fully allocated and for which State of more detail in the Amendment 97 prepared, and NMFS approved, the FMP Alaska and Federal managers seek to Analysis, the final rule implementing under the authority of the Magnuson- conservatively manage harvests. The Amendment 97 (79 FR 71350, December Stevens Fishery Conservation and Council and NMFS have established a 2, 2014), and Section 1.5.4 of the RIR. Management Act (Magnuson-Stevens range of management measures to For purposes of managing Chinook Act), 16 U.S.C. 1801 et seq. Regulations constrain the impact of GOA groundfish salmon bycatch in the Western and governing U.S. fisheries and fisheries on Chinook salmon. A Central GOA non-pollock trawl fishery, implementing the FMP appear at 50 summary of these measures is provided Amendment 97 includes a long-term CFR parts 600 and 679. in Section 1.5.2 of the RIR. average annual Chinook salmon PSC This emergency rule establishes a NMFS has implemented two specific limit of 7,500 Chinook salmon and 1,600 Chinook salmon prohibited programs to limit Chinook salmon implements this by establishing separate species catch (PSC) limit for the Non- bycatch in the GOA trawl fisheries. In Chinook salmon PSC limits for three Rockfish Program CV Sector that is 2012, NMFS implemented Amendment fishery sectors: (1) the Trawl Catcher/ immediately available for use by the 93 to the FMP to establish separate Processor (C/P) Sector; (2) the Rockfish sector in Western and Central GOA non- Chinook salmon PSC limits for the Program Catcher Vessel (CV) Sector; and pollock trawl fisheries until the limit is directed pollock trawl fisheries in the (3) the Non-Rockfish Program CV reached or December 31, 2015, Western and Central GOA (77 FR 42629, Sector. Each of these sectors is whichever occurs first. The following July 20, 2012). These limits require described in Section 1.5.1 of the RIR. sections describe: (1) The non-pollock NMFS to close the directed pollock Amendment 97 establishes annual trawl fisheries and Amendment 97 to fishery in the Western or Central GOA base Chinook salmon PSC limits of the FMP; (2) the estimation of Chinook if the applicable PSC limit is reached 3,600 Chinook salmon for the Trawl C/ salmon PSC in the Non-Rockfish (see regulations at § 679.21(h)(6)). The P Sector, 1,200 Chinook salmon for the Program CV Sector; (3) the annual Chinook salmon PSC limit for Rockfish Program CV Sector, and 2,700 implementation of Amendment 97 in the directed pollock fishery in the Chinook salmon for the Non-Rockfish 2015; and (4) the emergency rule and Western GOA is 6,684 Chinook salmon, Program CV Sector. Additionally, justification for emergency action. and the annual Chinook salmon PSC Amendment 97 includes authority for Non-Pollock Trawl Fisheries and limit for the directed pollock fishery in NMFS to reallocate Chinook salmon Amendment 97 to the FMP the Central GOA is 18,316 Chinook PSC from the Rockfish Program CV salmon (see regulations at Sector to the Non-Rockfish Program CV Trawl groundfish fisheries that do not § 679.21(h)(2)(i) and (h)(2)(ii)). Sector (see regulations at § 679.21(i)(4)). target pollock (i.e., non-pollock trawl Collectively, the Chinook salmon PSC NMFS is authorized to reallocate all of fisheries) in the Western and Central limit established for the pollock trawl the Rockfish Program CV Sector’s GOA include fisheries for sablefish, fisheries in the Western and Central unused Chinook salmon PSC limit in several rockfish species, arrowtooth GOA is 25,000 Chinook salmon. excess of 150 salmon to the Non- flounder, Pacific cod, shallow water Amendment 93 is described in more Rockfish Program CV Sector on October flatfish, rex sole, flathead sole, deep- detail in the Amendment 93 Analysis, 1 of each year, and all remaining unused water flatfish, and other non-pollock the final rule implementing Amendment Chinook salmon PSC to the Non- groundfish. Many of the non-pollock 93 (77 FR 42629, July 20, 2012), and Rockfish Program CV Sector on trawl fisheries are multi-species Section 1.5.3 of the RIR. November 15 of each year. If a sector fisheries, in that vessels catch and retain In 2013, the Council voted to adopt reaches or is projected to reach its multiple groundfish species in a single Amendment 97 to the FMP to establish Chinook salmon PSC limit, NMFS will fishing trip. Additional detail on the separate Chinook salmon PSC limits for close directed fishing for all non-pollock primary target groundfish species and the directed non-pollock trawl fishery in groundfish species by vessels in that catch amounts in the non-pollock trawl the Western and Central GOA. NMFS sector for the remainder of the calendar fisheries in the Western and Central approved Amendment 97 in 2014 (79 year (see regulations at § 679.21(i)(7)). GOA are provided in Section 1.5.1 of FR 71350, December 2, 2014), and it Each sector is subject to its own annual the RIR (see ADDRESSES), the became effective on January 1, 2015. Chinook salmon PSC limit, and NMFS Amendment 97 Analysis, and in the Amendment 97 is designed to meet manages each sector separately. The final 2015 and 2016 harvest three management goals. The first goal rationale for the Chinook salmon PSC

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limits selected for each of the three by the Non-Rockfish Program CV Sector vessels in the partial coverage category sectors is described in detail in the occurred in the Central GOA. Average as part of the ‘‘vessel selection’’ pool. proposed and final rules implementing annual Chinook salmon PSC for the In order to address issues that had Amendment 97 (respectively, 79 FR Non-Rockfish Program CV Sector from developed with observer coverage rates 35971, June 25, 2014; 79 FR 71350, 2007 through 2011 in the Western GOA on vessels under 60 feet in the ‘‘vessel December 2, 2014). Because the subject was 44 Chinook salmon, ranging from a selection’’ pool, as documented in the of this emergency rule is the Non- high of 107 Chinook salmon in 2008 to 2013 and 2014 Annual Report for the Rockfish Program CV Sector, the a low of zero Chinook salmon in 2011. North Pacific Groundfish and Halibut following paragraphs provide additional Therefore, Chinook salmon PSC in the Observer Program, NMFS moved vessels detail on the Non-Rockfish Program CV Central GOA represented nearly 98 less than 60 feet from the ‘‘vessel Sector and the Chinook salmon PSC percent of the average annual Chinook selection’’ pool to the ‘‘trip selection’’ limit selected for that sector. salmon PSC, and the Western GOA pool for 2015. Issues with the vessel The Non-Rockfish Program CV Sector represented only 2 percent of the selection pool include an incomplete is composed of non-pollock trawl CVs Chinook salmon PSC in the Non- sampling frame and difficulty achieving authorized to fish for groundfish in the Rockfish Program CV Sector from 2007 a target number of vessels to be GOA that are not fishing under the through 2011. Additionally, the data in observed. The move of vessels to the authority of a Rockfish Program the Amendment 97 Analysis show that trip selection pool increased observer Cooperative Quota Permit. This sector Chinook salmon PSC in the Western deployment on vessels under 60 feet in fishes primarily for Pacific cod in the GOA occurs during the first few months length overall, including vessels under Central and Western GOA, and of the year when Non-Rockfish Program 60 feet that participate in Western GOA arrowtooth flounder, flathead sole, rex CV Sector vessels are participating in a non-pollock groundfish fisheries within sole, deepwater flatfish, and shallow- Pacific cod fishery in the Western GOA. the Non-Rockfish Program CV Sector. water flatfish in the Central GOA. For a When that fishery closes, Non-Rockfish NMFS believes the change has more detailed description of the Non- Program CV Sector vessels fish in the improved observer data by better Rockfish Program CV Sector, see Section Central GOA for the remainder of the representing fishing events. 1.5.1 of the RIR. year. See Section 1.5.7 of the RIR for Implementation of Amendment 97 in In recommending and approving the additional detail. 2,700 Chinook salmon PSC limit for the 2015 Non-Rockfish Program CV Sector, both Estimation of Chinook Salmon PSC in Amendment 97, and the Chinook the Council and NMFS determined that the Non-Rockfish Program CV Sector salmon PSC limit of 2,700 Chinook the limit would accommodate salmon for the Non-Rockfish Program NMFS uses observer data to account CV Sector, became effective on January groundfish harvests in most years in this for Chinook salmon PSC by participants sector. The Council and NMFS selected 1, 2015. Based on observer data from in the GOA groundfish fisheries, the Chinook salmon PSC limit of 2,700 January through April 2015, NMFS including the Non-Rockfish Program CV after considering the historic amount of estimated Chinook salmon PSC use in Sector. Chinook salmon PSC used by the Non- the Non-Rockfish Program CV Sector at Rockfish Program CV Sector based on Prior to 2013, NMFS did not deploy 1,056 Chinook salmon in the Western available fishery observer data during observers on vessels that were less than GOA and 1,568 Chinook salmon in the the time period analyzed and the 60 feet in length overall. Because a Central GOA. Therefore, on April 30, management of the fishery at that time. number of vessels within the Non- 2015, NMFS determined that the Non- These factors are briefly described and Rockfish Program CV Sector vessels that Rockfish Program CV Sector would summarized in the following participate in non-pollock groundfish reach its Chinook salmon PSC limit of paragraphs. Additional detail is fisheries in the Western GOA are less 2,700 Chinook salmon and published an available in the Amendment 97 than 60 feet in length, NMFS estimated information bulletin notifying the Analysis (see ADDRESSES) and the Chinook salmon PSC in the Western public that NMFS was prohibiting proposed rule for Amendment 97 (79 FR GOA for this sector by using observer directed fishing by the Non-Rockfish 35971, June 25, 2014) and the final rule information from a different group of Program CV Sector as soon as possible implementing Amendment 97 (79 FR vessels that are equal to or greater than to prevent the sector from exceeding its 71350, December 2, 2014). 60 feet in length and that typically Chinook salmon PSC limit. On May 3, According to the Amendment 97 participate in Central GOA non-pollock 2015, NMFS published a rule Analysis, the Chinook salmon PSC limit groundfish fisheries. The Council relied prohibiting directed fishing for non- of 2,700 salmon is approximately 8 on these estimates of Chinook salmon pollock groundfish species by the Non- percent greater than the estimated PSC in developing its Chinook salmon Rockfish Program CV Sector for the average annual amount of Chinook PSC limit for the Non-RF Program CV remainder of 2015 (May 6, 2015, 80 FR salmon PSC used in the Non-Rockfish Sector. Those estimates were the best 25967). Program CV Sector (2,489 salmon) available data for Chinook salmon PSC At its June 2015 meeting, the Council during a representative 5-year period use in the Non-Rockfish Program CV received information from NMFS and (2007 through 2011) analyzed by the Sector during the years examined by the the public concerning the data leading Council and NMFS. The Amendment 97 Council in the Amendment 97 Analysis. to the directed fishing closure of the Analysis shows that the 2,700 Chinook NMFS implemented the restructured Non-Rockfish Program CV Sector and salmon PSC limit for the Non-Rockfish observer program in 2013 (77 FR 70062, the effects of the closure on participants Program CV Sector would have closed November 21, 2012). An important in the GOA (See section 1.5.7. and 1.6 the directed groundfish fisheries for this change in sampling methodology under of the RIR). After considering this sector in two out of five years during the new observer program is to deploy information, the Council recommended, 2007 through 2011 if that PSC limit had observers on trawl vessels under 60 feet by a 10 to 1 vote, that NMFS implement been in effect. and greater than 40 feet. NMFS had not an emergency rule that would allocate Data from 2007 through 2011 in the deployed observers on vessels of this an additional 1,600 Chinook salmon to Amendment 97 Analysis indicate that length prior to the restructured program. the Non-Rockfish Program CV Sector almost all of the Chinook salmon PSC In 2013 and 2014, NMFS included these that is immediately available for use by

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the sector until the limit is reached or Chinook salmon PSC available for use Criterion 1—Recent, Unforeseen Events December 31, 2015, whichever occurs by the Non-Rockfish Program CV Sector or Recently Discovered Circumstances first. in 2015 will be slightly increased. The Council and NMFS recently The Emergency Rule and Justification Regulations at § 679.21(i)(2)(i) are discovered that the use of Chinook for Emergency Action amended to include reference to the salmon PSC in the Non-Rockfish new Chinook salmon PSC limit of 1,600 Program CV Sector in early 2015 was This emergency rule implements a exorbitantly greater than historical use, 1,600 Chinook salmon PSC limit for the Chinook salmon for the Non-Rockfish and that this significant discrepancy Non-Rockfish Program CV Sector Program CV Sector. Regulations at was unforeseen and unexpected. The through a new regulatory paragraph at § 679.21(i)(7)(i), which describe the use of Chinook salmon PSC by the Non- § 679.21(i)(8). The Council procedure NMFS follows for closing a recommended an additional PSC limit non-pollock trawl sector if a Chinook Rockfish Program CV Sector in the of 1,600 Chinook salmon based on the salmon PSC limit is eached, are Western GOA resulted in the sector’s average amount of Chinook salmon PSC amended to include reference to the reaching its Chinook salmon PSC limit used by the Non-Rockfish Program CV new Chinook salmon PSC limit for the much earlier than anticipated—the Sector to harvest its average amount of Non-Rockfish Program CV Sector. amount of Chinook salmon PSC taken in groundfish after May 1 (effectively the Section 305(c) of the Magnuson- the Non-Rockfish Program CV Sector date of the closure in 2015) until the Stevens Act provides authority for closed all of this sector’s non-pollock end of the year. Based on data in rulemaking to address an emergency. groundfish fisheries approximately Section 1.6.1 of the RIR, NMFS agrees Under that section, a Council may seven months before these fisheries with the Council that an average of recommend emergency rulemaking if it would typically close. From January 1, 1,600 Chinook salmon PSC are used by finds an emergency exists. NMFS’s 2015, through April 30, 2015 (the date the Non-Rockfish Program CV Sector Policy Guidelines for the Use of the fleet was notified of the impending after May 1, based on Chinook salmon Emergency Rules provide that the only closure of the Non-Rockfish Program CV PSC use from 2010 through 2014. NMFS legal prerequisite for such rulemaking is Sector), Chinook salmon PSC use in the agrees that an additional 1,600 Chinook that an emergency must exist, and that Non-Rockfish Program CV Sector in the salmon will likely support prosecution NMFS must have an administrative Western GOA was estimated at 1,056 of the groundfish fisheries in the Non- record justifying emergency regulatory Chinook salmon. This amount is nearly Rockfish Program CV Sector for the action and demonstrating compliance 10 times greater than the maximum remainder of 2015. with the Magnuson-Stevens Act and the amount of Chinook salmon PSC used by The Chinook salmon PSC limit National Standards (see NMFS the Non-Rockfish Program CV Sector implemented by this emergency rule is Instruction 01–101–07 (March 31, 2008) during any complete calendar year from separate and distinct from the sector’s and 62 FR 44421, August 21, 1997). 2007 through 2011 (in 2008, 107 annual Chinook salmon PSC limit Emergency rulemaking is intended for Chinook salmon were used in the established by regulations at circumstances that are ‘‘extremely Western GOA during the entire year). § 679.21(i)(3)(i)(C). Any amount of urgent,’’ where ‘‘substantial harm to or Chinook salmon PSC use by the Non- Chinook salmon PSC that were used in disruption of the . . . fishery . . . Rockfish Program CV Sector from excess of the sector’s annual limit will would be caused in the time it would January 1, 2015, through April 30, 2015, not be deducted from the PSC limit take to follow standard rulemaking was nearly 24 times the average annual established by this emergency rule. The procedures.’’ Chinook salmon PSC use in the Western 1,600 Chinook salmon PSC limit GOA from 2007 through 2011 (44 established by this emergency rule is Under NMFS’ Policy Guidelines for Chinook salmon). See Section 1.5.7 in available for use by the Non-Rockfish the Use of Emergency Rules, the phrase the RIR for additional detail. Program CV Sector starting on August ‘‘an emergency exists involving any The unexpectedly high use of 10, 2015 until it is reached or December fishery’’ is defined as a situation that Chinook salmon PSC in the Western 31, 2015, whichever occurs first. Any meets the following three criteria: GOA resulted in the Non-Rockfish amount of the 1,600 Chinook salmon (1) Results from recent, unforeseen Program CV Sector reaching its PSC PSC limit that remains unused on events or recently discovered limit even though Chinook salmon use December 31, 2015, will not be available circumstances; in the Central GOA from January 1, to the sector for the 2016 fishing year. (2) Presents serious conservation or 2015, through April 30, 2015, was not The Chinook salmon PSC reallocation management problems in the fishery; unexpectedly high (1,568 Chinook provisions at § 679.21(i)(4) will continue and salmon). Chinook salmon PSC use in the to apply under this emergency rule, in Central GOA in 2015 prior to May 1, the event that Rockfish Program CV (3) Can be addressed through 2015, was less than the maximum Sector Chinook salmon PSC is available emergency regulations for which the amount of Chinook salmon PSC used to reallocate to the Non-Rockfish immediate benefits outweigh the value from January 1 through April 30 during Program CV Sector beginning on of advance notice, public comment, and any of the years the Council and NMFS October 1, 2015. At this time, NMFS deliberative consideration of the considered when recommending anticipates a small reallocation of PSC, impacts on participants to the same Amendment 97 (2,424 Chinook salmon or none at all, to the Non-Rockfish extent as would be expected under the PSC were used prior to May 1 in 2010), Program CV Sector beginning on normal rule making process. and only slightly greater than the October 1, 2015, based on current and The following sections review each of average Chinook salmon PSC use during anticipated use of Chinook salmon PSC these criteria and describe why the the January 1 through April 30 time in the Rockfish Program CV Sector Council and NMFS determined that the period from 2007 through 2011 (1,011 through the remainder of 2015 (see May 3, 2015, closure of the Non- Chinook salmon PSC were used on Section 1.4 of the RIR for additional Rockfish Program CV Sector groundfish average during these years). Section detail). If there is Chinook salmon PSC fisheries and the establishment of a 1.5.7 in the RIR provides additional available for reallocation on October 1, 1,600 Chinook salmon PSC limit for the detail. The magnitude of Chinook 2015, or November 15, 2015, the total remainder of 2015 meets these criteria. salmon use by the sector in the Western

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GOA when compared with the average through the remainder of 2015 based on Chinook salmon PSC by all GOA trawl use of Chinook salmon by the sector in an analysis of average groundfish catch sectors for the most recent five years the Central GOA seems to indicate that by this sector for the years 2012 through (2010 through 2014), total use of 2015 is not simply a high encounter 2014 and 2010 through 2014 (see Chinook salmon PSC by all GOA trawl year for Chinook salmon. Section 1.5 of the RIR for additional sectors from January 1, 2015, through This unforeseen and unexpected detail). The lost revenue from this April 30, 2015, and anticipated use of increase in the amount of Chinook forgone harvest is estimated to be Chinook salmon PSC by all GOA trawl salmon PSC use occurred after the approximately $4.6 million in ex-vessel sectors for the remainder of 2015 (from implementation of improved Chinook value and $11.3 million in first May 1 through December 31). Based on salmon PSC data collection on vessels wholesale value (see Section 1.6.1 of the this review of historic, current, and in the Western GOA. As described RIR). anticipated Chinook salmon PSC use earlier, NMFS implemented a Shoreside processors and the from all trawl sectors in the Western restructured North Pacific Groundfish community of Kodiak, Alaska, are and Central GOA, the Council and and Halibut Observer Program (Observer disproportionately affected by this NMFS concluded that the combined Program) in 2013 (77 FR 70062, closure because after May, groundfish GOA trawl Chinook salmon PSC in 2015 November 21, 2012). Prior to 2013, no harvested by the Non-Rockfish CV will not exceed 40,000 even with observer data were collected on vessels Sector is almost exclusively delivered to implementation of the emergency rule. less than 60 feet in length overall, and shoreside processors operating in The Council and NMFS also observer data collected on vessels 60 Kodiak (see Section 1.6.1 of the RIR). concluded that although the GOA trawl feet in length overall and greater were Sections 1.5.7 and 1.6.1 of the RIR groundfish fisheries will be authorized used to generate Chinook salmon PSC provide additional information on the to take a maximum of 34,100 Chinook estimates for these smaller vessels. expected effects of the directed fishing salmon in 2015 under current Participation in a particular fishery may closure of the Non-Rockfish Program CV regulations and this emergency rule, it be dominated by vessels larger or Sector on harvesters, processors, and the is highly unlikely that the additional shorter than 60 feet in length overall community of Kodiak. This emergency allocation of 1,600 Chinook salmon for and Chinook salmon PSC use is likely rule is the only mechanism to restore the Non-Rockfish Program CV Sector to vary among fisheries depending on the foregone harvest and lost revenue will result in total Chinook salmon PSC the location and timing of a fishery. because other groundfish fisheries that in the GOA trawl groundfish fisheries Because the majority of vessels that could substitute for these losses are participate in the Western GOA fully allocated and are not available to for 2015 exceeding 32,500 Chinook groundfish fisheries are less than 60 feet the Non-Rockfish Program CV Sector. salmon, the total combined pollock and in length overall and were unobserved The Council and NMFS have non-pollock Chinook salmon PSC before 2013, the data used to estimate determined that a 1,600 Chinook limit limits. Sections 1.5.7 and 1.6.1 of the Chinook salmon PSC use in the will likely allow the Non-Rockfish RIR describe the historic, current, and Amendment 97 Analysis were derived Program CV Sector to harvest remaining anticipated Chinook salmon PSC use in from vessels greater than 60 feet in amounts of groundfish. If 1,600 Chinook each of the GOA pollock and non- length overall. salmon PSC are made available to the pollock trawl sectors, including the The use of data available under the Non-Rockfish Program CV Sector by Non-Rockfish Program CV Sector. The restructured Observer Program, mid-August, NMFS anticipates that data from Table 2 in the RIR at Section including data from vessels not most, if not all, the fall Pacific cod 1.4.3 show that an average of over previously observed in the Western fishery will be harvested by the sector, 13,000 Chinook salmon were left GOA, has resulted in estimates of a and a substantial portion of the forgone unused by the GOA pollock sector in substantial and unexpected amount of flatfish for the latter half of 2015 will be 2013 and 2014. Including 2012, 2013, Chinook salmon PSC. This unforeseen harvested. The Council’s objective for and 2014, the average Chinook salmon and recently discovered increase in the this Emergency Rule was to restore the PSC limit remaining from the pollock use of Chinook salmon PSC in the lost harvesting opportunities to the Non- PSC limit of 25,000 was over 11,000 Western GOA contributed significantly Rockfish Program CV Sector to the Chinook salmon. Of the 11,000 Chinook to the total amount of Chinook salmon maximum extent possible while salmon remaining in the GOA pollock PSC used by the Non-Rockfish Program continuing to impose a limit on the use fishery, over 8,000 Chinook salmon CV Sector and led to the closure of the of Chinook salmon PSC in the GOA were left unused from the Central GOA, Non-Rockfish Program CV Sector trawl fisheries that likely will not and over 3,000 were left unused in the fisheries. exceed the combined Chinook salmon Western GOA. Finally, the Council PSC limits established under considered the demonstrated ability of Criterion 2—Presents Serious Amendments 93 and 97. the voluntary catch share agreements in Conservation or Management Problems The Council and NMFS also the GOA pollock fishery and controls in the Fishery determined that implementation of this implemented by this sector to control The Council and NMFS determined emergency rule will not create Chinook PSC use (see Section 1.2.1.2 in that this emergency rule criterion is met conservation issues with regard to this RIR). Based on these data, the because the early closure prevents the Chinook salmon. The Council and Council determined and NMFS agrees Non-Rockfish Program CV Sector from NMFS considered the original and that it is highly unlikely that this harvesting thousands of metric tons of continuing goals for Amendment 97 to emergency rule will result in total groundfish and results in foregone the FMP: to avoid exceeding Chinook Chinook salmon PSC from all GOA revenue to harvesters, processors and salmon PSC use of 40,000 Chinook trawl groundfish fisheries exceeding communities that participate in the salmon in the GOA trawl groundfish 32,500 Chinook salmon. The emergency Non-Rockfish Program CV Sector. The fisheries, and to minimize bycatch of rule will allow NMFS to open non- closure is estimated to prevent harvest Chinook salmon to the extent pollock groundfish fisheries for the of 13,000 to 15,000 metric tons of practicable. The Council made its Non-Rockfish Program CV Sector but groundfish that would otherwise be emergency rule recommendation after still limit the overall amount of Chinook available for harvest to this sector considering the average annual use of salmon PSC use by this sector.

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Criterion 3—Can Be Addressed Through eliminating landings from the Non- The Assistant Administrator for Emergency Rulemaking for Which the Rockfish Program CV Sector, processors Fisheries, NOAA, finds good cause Immediate Benefits Outweigh the Value removed these traditional fishery pursuant to 5 U.S.C. 553(b)(B) to waive of Notice and Comment Rulemaking products from their annual processing prior notice and the opportunity for NMFS and the Council have cycle and budget planning. Processors public comment because it would be determined that the emergency situation will need to secure market orders with impracticable and contrary to the public created by the May 3, 2015, closure can buyers for desired finished product interest. This emergency rule will allow be addressed by emergency regulations. forms and establish pricing. Packaging groundfish fisheries for the Non- As explained earlier, an additional materials and shipping containers must Rockfish Program CV Sector to be allocation of 1,600 Chinook salmon PSC be delivered to processing plants. reopened as early as August 2015 to Processing factories must be can be provided to the Non-Rockfish address the unforeseen, early closing of reconfigured to process groundfish. Program CV Sector without creating these fisheries in early May 2015. Once Processors will also need to secure and conservation and management issues for groundfish seasons are reopened, this assign labor to these fisheries. This the resource or direct users of Chinook emergency rule is anticipated to allow emergency rule needs to be effective in salmon and consistent with the goals of for harvest of most of the remainder of advance of the start of the fisheries in Amendment 97 (see Sections 1.6.1 and the non-pollock fisheries available to order to provide processors with the 1.6.2 of the RIR for additional detail). this sector and should prevent time needed to plan and prepare for To address the emergency, NMFS prolonged economic losses from the processing operations. Therefore, the must implement an emergency rule that closure to the Non-Rockfish Program CV benefits of the waiver of public notice waives the notice-and-comment Sector and processors receiving and comment more than offset the value rulemaking period. The benefits of landings from this sector. The reopened of standard notice-and-comment waiving notice-and-comment fisheries may partially restore the rulemaking. indirect economic effects to the rulemaking will serve the industry and Any change to the Chinook salmon public by allowing for additional community of Kodiak that would PSC limit for the non-Rockfish Program otherwise be lost if the fishery closing harvest of groundfish by the Non- CV Sector will require an amendment to Rockfish Program CV Sector. Any delay is allowed to extend to the end of 2015 the FMP amendment. Secretarial review GOA groundfish season, which is that results in implementing rulemaking of FMP amendments must follow the will reduce opportunities to harvest currently scheduled for December 31, process set forth in section 304 of the 2015. If this rule were delayed to allow non-pollock groundfish species such as Magnuson-Stevens Act, which requires flatfish and Pacific cod. The Pacific cod for notice and comment, impacted more time to complete than is available entities would likely be prevented from fishery reopens for this sector in early to provide relief for the Non-Rockfish September, and represents the primary harvesting the 13,000 to 15,000 metric Program CV Sector. While the normal tons of groundfish that would otherwise fall opportunity for restoring lost rulemaking process is the preferred catches and groundfish revenue for this be available to impacted entities avenue for making regulatory changes, through the remainder of 2015. The lost sector. Sections 1.6.1 and 1.6.2 of the as it provides interested parties the full RIR describe the potential additional revenue from this forgone harvest is ability to comment, the Council and estimated to be approximately $4.6 harvest opportunities for the Non- NMFS have determined that in this Rockfish Program CV Sector in greater million in ex-vessel value and $11.3 case, the cost of the foregone harvest million in first wholesale value. detail. opportunity outweighs the benefit of Fishermen, shoreside processors, and Without the waiver of notice-and- using the more protracted, standard communities that participate in the comment rulemaking, the Non-Rockfish process because it would be ineffective Non-Rockfish Program CV Sector would Program CV Sector will not have for addressing the immediate issue. The have limited alternatives to mitigate this sufficient time to prosecute these Council initiated a typical fishery significant, negative economic impact fisheries as intended. Flatfish and management plan amendment process due to the directed fishing closure. Pacific cod trawl fisheries are high in June 2015 to address this situation in Providing an additional PSC limit of volume fisheries that require extended a more permanent manner. fishing time. Fishing time would be The purpose of this emergency rule is 1,600 Chinook salmon to the Non- extremely limited, or unavailable, with to promulgate a temporary regulatory Rockfish Program CV Sector as soon as notice-and-comment rulemaking. For amendment that would provide a one- possible is likely to restore a substantial example, the trawl Pacific cod fishery time allocation of additional Chinook portion of the foregone groundfish closes by regulation on November 1, salmon PSC to the Non-Rockfish harvest due to the closure, restore the 2015, so the directed Pacific cod fishery Program CV Sector, while allowing associated harvesting and processing is only available for harvest during a continued analysis of the issue in a revenues, and provide benefits to limited period of time. Vessel owners separate, and standard, amendment communities engaged in these fisheries, need time to secure new crew, which process. This emergency rule is needed primarily the community of Kodiak. may have shifted into other groundfish to re-open groundfish trawl fisheries in As explained earlier, after the closure fisheries, non-groundfish fisheries or order to temporarily ameliorate of the Non-Rockfish Program CV Sector other activities. In addition, vessel unforeseen economic consequences due on May 3, 2015, NMFS became aware of owners need sufficient lead time to to the unexpectedly high use of Chinook the significant difference in Chinook revise fishing plans, restock vessels, salmon PSC in the Western GOA. salmon PSC use in 2015 in comparison change gear, and have the vessel travel with the level of use anticipated in the to and from the fishing grounds to Classification Amendment 97 Analysis. The Council prosecute the reopened fisheries. The Assistant Administrator for and NMFS had no way of foreseeing Processors also require lead time to Fisheries, NOAA, has determined that that the amount of Chinook salmon PSC plan for new deliveries of groundfish this emergency rule is consistent with taken by this sector would be so much that they have ceased to process due to the National Standards, other provisions greater than the historic number of the closure. Once the summer of the Magnuson-Stevens Act, and other Chinook salmon PSC. The Chinook production cycle was altered by applicable laws. salmon PSC limit was reached quickly,

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and the Non-Rockfish Program CV emergency rule in a timely manner, the Authority: 16 U.S.C. 773 et seq.; 1801 et Sector was not able to mitigate fishing Assistant Administrator for Fisheries seq.; 3631 et seq.; Pub. L. 108–447, Pub. L. operations that modified where and finds good cause under 5 U.S.C. 111–281. how the fishery occurred to limit 553(d)(3) to waive the 30-day delay in ■ 2. In § 679.21, revise paragraphs Chinook salmon PSC. effectiveness provision of the (i)(2)(iii) and (i)(7)(i), and add paragraph Finally, the time required for notice- Administrative Procedure Act and make (i)(8) to read as follows: and-comment rulemaking would not the emergency rule effective provide relief from the closure of these immediately upon publication in the § 679.21 Prohibited species bycatch fisheries because it would not provide Federal Register. As stated above, management. sufficient time for participants to NMFS anticipates that this emergency * * * * * harvest enough groundfish to offset the rule will allow for harvest of most of the (i) * * * foregone revenue due to the closure. remainder of the non-pollock fisheries The Magnuson-Stevens Act FMP available to this sector, and should (2) * * * amendment process sets forth certain prevent prolonged economic losses from (iii) Non-Rockfish Program catcher requirements that must be followed, the closure to the Non-Rockfish Program vessel Sector. For the purpose of such as a 60-day comment period on an CV Sector and processors receiving accounting for the Chinook salmon PSC FMP amendment. Because the Non- landings from this sector. limit at paragraph (i)(3)(i)(C) or Rockfish Program CV Sector must re- This action is being taken pursuant to paragraph (i)(8) of this section, the Non- open by mid-August, there is not the emergency provision of the Rockfish Program catcher vessel Sector enough time to follow the FMP Magnuson-Stevens Act and is exempt is any catcher vessel fishing for amendment process prescribed by the from OMB review. The RIR prepared for groundfish, other than pollock, with Magnuson-Stevens Act and provide this emergency rule is available from trawl gear in the Western or Central sufficient time for the sector to NMFS (see ADDRESSES). reporting areas of the GOA and not prosecute critical fisheries that are This emergency rule is exempt from operating under the authority of a typically open the first few days of the procedures of the Regulatory Central GOA Rockfish Program CQ September, or for processing operations Flexibility Act because the rule is not permit assigned to the catcher vessel to prepare for receiving groundfish from subject to the requirement to provide sector. landings in September. For fishery prior notice and opportunity for public * * * * * participants to prosecute these reopened comment pursuant to 5 U.S.C. 553 or fisheries in early September they must (7) * * * any other law. Accordingly, no contact, secure, and redeploy crew; as regulatory flexibility analysis is required (i) Vessels in a sector defined at well as restock vessels, change gear, and and none has been prepared. paragraph (i)(2) of this section will catch travel to the fishing grounds. For the applicable Chinook salmon PSC processors to be prepared to accept List of Subjects in 50 CFR Part 679 limit specified at paragraph (i)(3)(i) or groundfish deliveries from these vessels Alaska, Fisheries, Reporting and paragraph (i)(8) of this section for that in early September, they must secure recordkeeping requirements. sector, NMFS will publish notification market orders, prepare packaging in the Federal Register closing directed materials, and shipping containers, as Dated: August 3, 2015. fishing for all groundfish species, other well as contact, secure and train and Samuel D. Rauch III, than pollock, with trawl gear in the house processing laborers. NMFS has no Deputy Assistant Administrator for Western and Central reporting areas of other way than this emergency rule to Regulatory Programs, National Marine the GOA for that sector; or Fisheries Service. amend these PSC limits in a timely * * * * * manner to restore forgone fishing For the reasons set out in the opportunities for 2015. Allowing for (8) From August 10, 2015 until preamble, 50 CFR part 679 is amended December 31, 2015, NMFS establishes a access to the remaining groundfish as follows: harvest for the rest of 2015 provides Chinook salmon PSC limit of 1,600 in immediate economic benefits that PART 679—FISHERIES OF THE the Western and Central reporting areas outweigh the value of the deliberative EXCLUSIVE ECONOMIC ZONE OFF of the GOA for the Non-Rockfish notice-and-comment rulemaking ALASKA Program catcher vessel Sector defined in process. paragraph (i)(2)(iii) of this section. Similarly, for the reasons above that ■ 1. The authority citation for 50 CFR [FR Doc. 2015–19428 Filed 8–7–15; 8:45 am] support the need to implement this part 679 continues to read as follows: BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 80, No. 153

Monday, August 10, 2015

This section of the FEDERAL REGISTER • Fax: Send comments by facsimile DEPARTMENT OF TRANSPORTATION contains notices to the public of the proposed transmission to: (202) 690–2173. issuance of rules and regulations. The • Federal Aviation Administration purpose of these notices is to give interested Hand Delivery or Courier: Deliver comments to: M. Irene Omade, GIPSA, persons an opportunity to participate in the 14 CFR Part 39 rule making prior to the adoption of the final USDA, 1400 Independence Avenue rules. SW., Room 2530–S, Washington, DC [Docket No. FAA–2015–3300; Directorate 20250–3613. Identifier 2015–CE–024–AD] • RIN 2120–AA64 DEPARTMENT OF AGRICULTURE Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the Airworthiness Directives; Fiberglas- Grain Inspection, Packers and on-line instructions for submitting Technik Rudolf Lindner GmbH & Co. Stockyards Administration comments. KG Gliders Instructions: All comments should 9 CFR Part 201 make reference to the date and page AGENCY: Federal Aviation number of the June 15, 2015, issue of Administration (FAA), Department of Market Agencies Selling on Transportation (DOT). Commission; Purchases From the Federal Register [80 FR 34097]. ACTION: Notice of proposed rulemaking Consignment Read Comments: Regulatory analyses (NPRM). and other documents relating to this AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. action will be available for public SUMMARY: We propose to adopt a new inspection in Room 2530–S, 1400 airworthiness directive (AD) for ACTION: Request for information; Fiberglas-Technik Rudolf Lindner Extension of comment period. Independence Avenue SW., Washington, DC 20250–3613 during GmbH & Co. KG Model G103 TWIN SUMMARY: We published a Request for regular business hours. All comments ASTIR, G103 TWIN II, and G103A Information in the Federal Register on will be available for public review in the TWIN II ACRO gliders. This proposed June 15, 2015 (80 FR 34097), asking for above office during regular business AD results from mandatory continuing comments regarding a regulation issued hours (7 CFR 1.27(b)). Please call the airworthiness information (MCAI) under the Packers and Stockyards Act, Management and Budget Services staff originated by an aviation authority of 1921, as amended and supplemented of GIPSA at (202) 720–8479 to arrange another country to identify and correct (P&S Act). GIPSA regulations address a viewing of comments. an unsafe condition on an aviation circumstances under which a market product. The MCAI describes the unsafe agency selling livestock on a FOR FURTHER INFORMATION CONTACT: S. condition as a broken bell-crank commission basis may permit its Brett Offutt, Director, Litigation and installed in the air brake control system. owners, officers, and employees to Economic Analysis Division, P&SP, We are issuing this proposed AD to purchase livestock from consignments GIPSA, 1400 Independence Ave. SW., require actions to address the unsafe to the market. The Request for Washington, DC 20250–3601, (202) 690– condition on these products. Information provided an opportunity for 4355, [email protected]. DATES: We must receive comments on interested parties to submit written this proposed AD by September 24, SUPPLEMENTARY INFORMATION: GIPSA comments to the Grain Inspection, 2015. published a Request for Information in Packers and Stockyards Administration ADDRESSES: You may send comments by (GIPSA) until August 14, 2015. In the Federal Register on June 15, 2015 (80 FR 34097), seeking public comment any of the following methods: response to requests from the livestock • regarding Section 201.56 of the Federal eRulemaking Portal: Go to industry, we are extending the comment http://www.regulations.gov. Follow the period to provide interested parties with regulations issued under the P&S Act. The comment period of 60 days from instructions for submitting comments. additional time in which to comment. • Fax: (202) 493–2251. DATES: The comment period for the the date of publication closes on August • Mail: U.S. Department of Request for Information published at 80 14, 2015. GIPSA has received requests Transportation, Docket Operations, M– FR 34097, June 15, 2015, which from the livestock industry to provide 30, West Building Ground Floor, Room originally was to close August 14, 2015, interested parties additional time to W12–140, 1200 New Jersey Avenue SE., is extended through October 13, 2015. comment. In response, the comment Washington, DC 20590. ADDRESSES: We invite you to submit period is extended for additional 60-day • Hand Delivery: U.S. Department of comments on this Request for period. All comments submitted Transportation, Docket Operations, M– Information. You may submit comments between June 15, 2015 and October 13, 30, West Building Ground Floor, Room by any of the following methods: 2015 will be considered. W12–140, 1200 New Jersey Avenue SE., • E-Mail: Send comments via Washington, DC 20590, between 9 a.m. electronic mail to comments.gipsa@ Larry Mitchell, and 5 p.m., Monday through Friday, usda.gov. Administrator, Grain Inspection, Packers and except Federal holidays. • Mail: Send hardcopy written Stockyards Administration. For service information identified in comments to M. Irene Omade, GIPSA, [FR Doc. 2015–19528 Filed 8–7–15; 8:45 am] this proposed AD, contact Fiberglas- USDA, 1400 Independence Avenue BILLING CODE 3410–KD–P Technik Rudolf Lindner GmbH & SW., Room 2530–S, Washington, DC Co.KG, Steige 3, D–88487 20250–3613. Walpertshofen, Germany; phone: ++49

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(0) 7353/22 43; fax: ++49 (0) 7353/30 96; A report was received concerning a broken Interim Action email: [email protected]; internet: bell-crank, installed in the air brake control circuit approximately 1.4 m outside the wing We consider this AD interim action. http://www.ltb-lindner.com/. You may The design approval holder is working review this referenced service root rib of a GROB G 103 Twin II sailplane. Preliminary investigation results revealed toward a terminating action for the information at the FAA, Small Airplane additional cases of cracks on the same part, inspections. We may take further AD Directorate, 901 Locust, Kansas City, installed in the air brake control systems of action in the future. Missouri 64106. For information on the the early Twin II type design. availability of this material at the FAA, The same bell-cranks are also installed at FAA’s Determination and Requirements call (816) 329–4148. the same location in the control systems of of the Proposed AD other models belonging to the same type Examining the AD Docket This product has been approved by design (see list of affected models under the aviation authority of another You may examine the AD docket on Applicability). country, and is approved for operation the Internet at http:// This condition, if not detected and corrected, could lead to failure of the air in the United States. Pursuant to our www.regulations.gov by searching for bilateral agreement with this State of and locating Docket No. FAA–2015– brake system, possibly resulting in reduced control of the sailplane. Design Authority, they have notified us 3300; or in person at the Docket To address this potential unsafe condition, of the unsafe condition described in the Management Facility between 9 a.m. Fiberglas-Technik issued Technische MCAI and service information and 5 p.m., Monday through Friday, Mitteilung (TM)/Service Bulletin (SB) TM– referenced above. We are proposing this except Federal holidays. The AD docket G08/SB–G08 (one document) and Anweisung AD because we evaluated all contains this proposed AD, the (A)/Instructions (I) A/I–G08 (one document) information and determined the unsafe to provide instructions for a check of the air regulatory evaluation, any comments condition exists and is likely to exist or received, and other information. The brake locking forces, the inspection of the bell-crank and, if cracks are found, develop on other products of the same street address for the Docket Office type design. (telephone (800) 647–5527) is in the replacement of the bell-crank. Additionally, TM–G07/SB–G07 (one Costs of Compliance ADDRESSES section. Comments will be document) and A/I–G07 (one document) available in the AD docket shortly after provide instructions for the installation of We estimate that this proposed AD receipt. inspection openings in the wing of GROB G will affect 106 products of U.S. registry. FOR FURTHER INFORMATION CONTACT: Jim 103 TWIN II and G 103 A TWIN II ACRO We also estimate that it would take Rutherford, Aerospace Engineer, FAA, sailplanes to facilitate the inspection of the about 2 work-hours per product to Small Airplane Directorate, 901 Locust, bell-crank. (For the TWIN ASTIR and TWIN comply with the basic requirements of Room 301, Kansas City, Missouri 64106; ASTIR TRAINER sailplanes, such an opening is required by LBA AD 92–190/2 (GROB SB this proposed AD. The average labor telephone: (816) 329–4165; fax: (816) 315– 45/2.) This installation is optional for rate is $85 per work-hour. 329–4090; email: jim.rutherford@ sailplanes not exceeding the original Based on these figures, we estimate faa.gov. intended life limit. the cost of the proposed AD on U.S. SUPPLEMENTARY INFORMATION: For the reason described above, this AD operators to be $18,020, or $170 per requires a check of the air brake locking product. Comments Invited forces, an inspection for cracks in the air In addition, we estimate that any We invite you to send any written brake control unit and, if cracks are found, necessary follow-on actions would be as replacement of the affected flight control relevant data, views, or arguments about follows: system parts. This AD is a temporary • Replacement of bell-crank would this proposed AD. Send your comments measure and further AD action may follow. to an address listed under the take about 5 work-hours per product. ADDRESSES section. Include ‘‘Docket No. You may examine the MCAI on the Required parts would cost about $566 FAA–2015–3300; Directorate Identifier Internet at http://www.regulations.gov for a total of $991 per product. 2015–CE–024–AD’’ at the beginning of by searching for and locating Docket No. • Installation of optional inspection your comments. We specifically invite FAA–2015–3300. openings would take about 15 work- comments on the overall regulatory, Related Service Information Under 1 hours per product. Required parts economic, environmental, and energy CFR Part 51 would cost about $1,004 for a total of aspects of this proposed AD. We will $2,279 per product. consider all comments received by the Fiberglas-Technik Rudolf Lindner We have no way of determining the closing date and may amend this GmbH & Co. KG has issued Fiberglas- number of products that may need these proposed AD because of those Technik Rudolf Lindner Technische actions. Mitteilung (English translation: Service comments. Paperwork Reduction Act We will post all comments we Bulletin), (TM–G08)/(SB–G08), Ausgabe receive, without change, to http:// (English translation: Edition) April 24, A federal agency may not conduct or regulations.gov, including any personal 2015; and Fiberglas-Technik Rudolf sponsor, and a person is not required to information you provide. We will also Lindner Anweisung (English respond to, nor shall a person be subject post a report summarizing each translation: Instructions), (A/I–G08), to penalty for failure to comply with a substantive verbal contact we receive Ausgabe (English translation: Edition) collection of information subject to the about this proposed AD. April 24, 2015. The service information requirements of the Paperwork describes procedures for inspecting the Reduction Act unless that collection of Discussion air brake locking forces; inspecting the information displays a current valid The European Aviation Safety Agency bell-crank; and, if cracks are found OMB control number. The control (EASA), which is the Technical Agent during the inspections, replacing the number for the collection of information for the Member States of the European bell-crank. This service information is required by this AD is 2120–0056. The Community, has issued EASA AD No.: reasonably available because the paperwork cost associated with this AD 2015–0116, dated June 24, 2015 interested parties have access to it has been detailed in the Costs of (referred to after this as ‘‘the MCAI’’), to through their normal course of business Compliance section of this document correct an unsafe condition for the or by the means identified in the and includes time for reviewing specified products. The MCAI states: ADDRESSES section of this NPRM. instructions, as well as completing and

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reviewing the collection of information. The Proposed Amendment enforceability purposes, we will refer to the Therefore, all reporting associated with Fiberglas-Technik Rudolf Lindner service Accordingly, under the authority information as it appears on the document. this AD is mandatory. Comments delegated to me by the Administrator, (2) Within 60 days after the effective date concerning the accuracy of this burden the FAA proposes to amend 14 CFR part and suggestions for reducing the burden of this AD, inspect the bell-crank installed in 39 as follows: the air brake control system, and, if any should be directed to the FAA at 800 cracks are found, before further flight, replace Independence Ave. SW., Washington, PART 39—AIRWORTHINESS the bell-crank with a serviceable part. Do the DC 20591. ATTN: Information DIRECTIVES inspection and replacement following the Collection Clearance Officer, AES–200. instructions of Fiberglas-Technik Rudolf ■ 1. The authority citation for part 39 Lindner Technische Mitteilung (English Authority for This Rulemaking continues to read as follows: translation: Service Bulletin), (TM–G08)/(SB– Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. G08), Ausgabe (English translation: Edition) April 24, 2015; and Fiberglas-Technik Rudolf specifies the FAA’s authority to issue § 39.13 [Amended] Lindner Anweisung (English translation: rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding Instructions), (A/I–G08), Ausgabe (English section 106, describes the authority of translation: Edition) April 24, 2015. the following new AD: the FAA Administrator. ‘‘Subtitle VII: Note 2 to paragraph (f)(1) of this AD: In Aviation Programs,’’ describes in more Fiberglas-Technik Rudolf Lindner GmbH & the lower wing surface inspection, openings detail the scope of the Agency’s Co. KG: Docket No. FAA–2015–3300; near the bell-crank may be installed to Directorate Identifier 2015–CE–024–AD. authority. simplify the inspection and make a possible (a) Comments Due Date replacement of the bell-crank possible. This We are issuing this rulemaking under optional installation is described in GROB We must receive comments by September the authority described in ‘‘Subtitle VII, Luft Und Raumfahrt Service Bulletin 315–45/ 24, 2015. Part A, Subpart III, Section 44701: 2, dated December 21, 1995; and Fiberglas- General requirements.’’ Under that (b) Affected ADs Technik Rudolf Lindner Technische section, Congress charges the FAA with None. Mitteilung (English translation: Service promoting safe flight of civil aircraft in Bulletin), (TM–G07)/(SB–G07), Ausgabe air commerce by prescribing regulations (c) Applicability (English translation: Edition) April 24, 2015. for practices, methods, and procedures This AD applies to Fiberglas-Technik (3) Within 30 days after replacing a bell- the Administrator finds necessary for Rudolf Lindner GmbH & Co. KG Model G103 crank as required by paragraph (f)(2) of this safety in air commerce. This regulation TWIN ASTIR, G103 TWIN II, and G103A AD, report the inspection results of the removed bell-crank to Fiberglas-Technik is within the scope of that authority TWIN II ACRO gliders, all manufacturer serial numbers, certificated in any category. Rudolf Lindner GmbH & Co. KG. You may because it addresses an unsafe condition find contact information for Fiberglas- that is likely to exist or develop on (d) Subject Technik Rudolf Lindner GmbH & Co. KG in products identified in this rulemaking Air Transport Association of America paragraph (h) of this AD. action. (ATA) Code 27: Flight Controls. (g) Other FAA AD Provisions Regulatory Findings (e) Reason The following provisions also apply to this This AD was prompted by mandatory AD: We determined that this proposed AD continuing airworthiness information (MCAI) (1) Alternative Methods of Compliance would not have federalism implications originated by an aviation authority of another (AMOCs): The Manager, Standards Office, under Executive Order 13132. This country to identify and correct an unsafe FAA, has the authority to approve AMOCs proposed AD would not have a condition on an aviation product. The MCAI for this AD, if requested using the procedures substantial direct effect on the States, on describes the unsafe condition as a broken found in 14 CFR 39.19. Send information to the relationship between the national bell-crank installed in the air brake control ATTN: Jim Rutherford, Aerospace Engineer, system. We are issuing this AD to detect and Government and the States, or on the FAA, Small Airplane Directorate, 901 Locust, correct a broken bell-crank which could lead Room 301, Kansas City, Missouri 64106; distribution of power and to failure of the air brake system, possibly telephone: (816) 329–4165; fax: (816) 329– responsibilities among the various resulting in reduced control. 4090; email: [email protected]. Before levels of government. using any approved AMOC on any airplane (f) Actions and Compliance For the reasons discussed above, I to which the AMOC applies, notify your Unless already done, do the following certify this proposed regulation: appropriate principal inspector (PI) in the actions: FAA Flight Standards District Office (FSDO), (1) Is not a ‘‘significant regulatory (1) Within 30 days after the effective date or lacking a PI, your local FSDO. action’’ under Executive Order 12866, of this AD and repetitively thereafter at (2) Airworthy Product: For any requirement intervals not to exceed 12 months, inspect (2) Is not a ‘‘significant rule’’ under in this AD to obtain corrective actions from the locking forces of the air brake control a manufacturer or other source, use these the DOT Regulatory Policies and unit, and, if any discrepancy is found, before actions if they are FAA-approved. Corrective Procedures (44 FR 11034, February 26, further flight, correct the locking forces. Do actions are considered FAA-approved if they 1979), the inspection and correction of any are approved by the State of Design Authority (3) Will not affect intrastate aviation discrepancy following the instructions of (or their delegated agent). You are required in Alaska, and Fiberglas-Technik Rudolf Lindner to assure the product is airworthy before it Technische Mitteilung (English translation: is returned to service. (4) Will not have a significant Service Bulletin), (TM–G08)/(SB–G08), (3) Reporting Requirements: For any economic impact, positive or negative, Ausgabe (English translation: Edition) April reporting requirement in this AD, a federal on a substantial number of small entities 24, 2015; and Fiberglas-Technik Rudolf agency may not conduct or sponsor, and a under the criteria of the Regulatory Lindner Anweisung (English translation: person is not required to respond to, nor Flexibility Act. Instructions), (A/I–G08), Ausgabe (English shall a person be subject to a penalty for translation: Edition) April 24, 2015. failure to comply with a collection of List of Subjects in 14 CFR Part 39 Note 1 to paragraph (f)(1) of this AD: This information subject to the requirements of service information contains German to the Paperwork Reduction Act unless that Air transportation, Aircraft, Aviation English translation. The European Aviation collection of information displays a current safety, Incorporation by reference, Safety Agency (EASA) used the English valid OMB Control Number. The OMB Safety. translation in referencing the document. For Control Number for this information

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collection is 2120–0056. Public reporting for simplify the process by which HUD above. Again, all submissions must refer to this collection of information is estimated to reviews the previous participation of the docket number and title of the rule. be approximately 5 minutes per response, participants that have decision-making No Facsimile Comments. Facsimile including the time for reviewing instructions, authority over their projects as one completing and reviewing the collection of (fax) comments are not acceptable. information. All responses to this collection component of HUD’s responsibility to Public Inspection of Public of information are mandatory. Comments assess financial and operational risk to Comments. All properly submitted concerning the accuracy of this burden and the projects in these programs. The comments and communications suggestions for reducing the burden should proposed rule would clarify which submitted to HUD will be available for be directed to the FAA at: 800 Independence individuals and entities will be public inspection and copying between Ave. SW., Washington, DC 20591, Attn: reviewed, HUD’s purpose in conducting 8 a.m. and 5 p.m., weekdays, at the Information Collection Clearance Officer, such review, and describe the review to AES–200. above address. Due to security measures be undertaken. By targeting more at the HUD Headquarters building, an (h) Related Information closely the individuals and actions that appointment to review the public Refer to MCAI EASA AD No.: 2015–0116, would be subject to prior participation comments must be scheduled in dated June 24, 2015; GROB Luft Und review, HUD not only brings greater advance by calling the Regulations Raumfahrt Service Bulletin 315–45/2, dated certainty and clarity to the process but Division at 202–708–3055 (this is not a December 21, 1995; and Fiberglas-Technik provides HUD with flexibility as to the toll-free number). Individuals with Rudolf Lindner Technische Mitteilung necessary previous participation review speech or hearing impairments may (English translation: Service Bulletin), (TM– for entities and individuals that is not G07)/(SB–G07), Ausgabe (English translation: access this number via TTY by calling possible in a one-size fits all approach. the Federal Relay Service at 800–877– Edition) April 24, 2015, for related Through this rule, HUD proposes to information. You may examine the MCAI on 8339. Copies of all comments submitted the Internet at http://www.regulations.gov by replace the current previous are available for inspection and searching for and locating Docket No. FAA– participation regulations in their downloading at www.regulations.gov. 2015–3300. For service information related to entirety. FOR FURTHER INFORMATION CONTACT: this AD, contact Fiberglas-Technik Rudolf DATES: Comment Due Date: October 9, Aaron Hutchinson, Office of Housing, Lindner GmbH & Co. KG, Steige 3, D–88487 2015. Walpertshofen, Germany; phone: ++49 (0) Department of Housing and Urban 7353/22 43; fax: ++49 (0) 7353/30 96; email: ADDRESSES: Interested persons are Development, 451 7th Street SW., Room [email protected]; internet: http:// invited to submit comments regarding 6178, Washington, DC 20410; telephone www.ltb-lindner.com/. You may review this this proposed rule to the Regulations number 202–708–3994 (this is not a toll- referenced service information at the FAA, Division, Office of General Counsel, free number). Individuals with speech Small Airplane Directorate, 901 Locust, Department of Housing and Urban or hearing impairments may access this Kansas City, Missouri 64106. For information Development, 451 7th Street SW., Room number through TTY by calling the toll- on the availability of this material at the 10276, Washington, DC 20410–0500. free Federal Relay Service at 800–877– FAA, call (816) 329–4148. Communications must refer to the above 8339 (this is not a toll-free number). Issued in Kansas City, Missouri, on July 31, docket number and title. There are two SUPPLEMENTARY INFORMATION: 2015. methods for submitting public Earl Lawrence, comments. All submissions must refer I. Background Manager, Small Airplane Directorate, Aircraft to the above docket number and title. Currently, applicants seeking to Certification Service. 1. Submission of Comments by Mail. participate in HUD’s multifamily [FR Doc. 2015–19323 Filed 8–7–15; 8:45 am] Comments may be submitted by mail to housing and healthcare programs must BILLING CODE 4910–13–P the Regulations Division, Office of certify that all principals involved in a General Counsel, Department of proposed project have acted responsibly Housing and Urban Development, 451 and have honored their legal, financial, DEPARTMENT OF HOUSING AND 7th Street SW., Room 10276, and contractual obligations in their URBAN DEVELOPMENT Washington, DC 20410–0500. previous participation in HUD 2. Electronic Submission of programs, in certain programs 24 CFR Part 200 Comments. Interested persons may administered by the U.S. Department of submit comments electronically through [Docket No. FR–5850–P–01] Agriculture, and in projects assisted or the Federal eRulemaking Portal at insured by state and local government RIN 2502–AJ28 www.regulations.gov. HUD strongly housing finance agencies. HUD’s encourages commenters to submit regulations governing the assessment of Retrospective Review—Improving the comments electronically. Electronic Previous Participation Reviews of previous participation are codified in 24 submission of comments allows the CFR part 200, subpart H (Subpart H), Prospective Multifamily Housing and commenter maximum time to prepare Healthcare Programs Participants and require applicants to complete a and submit a comment, ensures timely very detailed and lengthy certification AGENCY: Office of the Assistant receipt by HUD, and enables HUD to form (HUD Form 2530).1 Secretary for Housing—Federal Housing make them immediately available to the The 2530 form currently requires Commissioner, HUD. public. Comments submitted disclosure of all principals to be ACTION: Proposed rule. electronically through the involved in the proposed project, a list www.regulations.gov Web site can be of projects in which those principals SUMMARY: This proposed rule would viewed by other commenters and have previously participated or revise HUD’s regulations for reviewing interested members of the public. currently participate in, a detailed the previous participation in federal Commenters should follow the account of the principals’ involvement programs of certain participants seeking instructions provided on that site to in the listed project(s), and assurances to take part in multifamily housing and submit comments electronically. that the principals have upheld their healthcare programs administered by Note: To receive consideration as public HUD’s Office of Housing. Specifically, comments, comments must be submitted 1 See http://portal.hud.gov/hudportal/documents/ the proposed rule would clarify and through one of the two methods specified huddoc?id=2530.pdf.

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responsibilities while participating in participants to complete a Form 2530 review by HUD. The 2010–04 notice those programs. The regulations in for each project, regardless of the issued by HUD limited the Subpart H govern not only the content number of Forms 2530 each participant appropriateness of flags related to of the certification submitted by completed in the recent past, regardless failing scores under the Real Estate applicants, but the types of parties that of how many projects the participant is Assessment Center (REAC) physical must certify, the process for submitting involved in each year, and regardless of inspection process to those situations in the certification, the standards by which whether the participant is a well- which a property has a REAC score submissions are evaluated, and the established, experienced institutional below 60 but above 30. Under the delegations and duties of HUD officials entity already familiar to HUD. notice, such properties are no longer involved in the evaluation of the Moreover, the Form 2530 is not tailored required to be flagged in APPS, but certifications. The regulations in to any particular program or set of instead the owner of the property is Subpart H also contain procedures by circumstances. Yet, the current provided the opportunity to meet with which applicants can appeal adverse regulations require its use for all the applicable HUB or Program Center determinations. programs requiring previous to discuss the identified physical Since the regulations were last participation review. deficiencies, and work out a plan to revised, with the changing deal Over the years, HUD has made efforts correct the deficiency or deficiencies.6 structures and transaction practices, it to improve the process and minimize HUD maintained this process through has become apparent that the current the time and collection burden it takes 7 regulations are both over-inclusive and Housing notices 2011–24 and 2012– to undergo the previous participation 16.8 On March 6, 2013, HUD posted a under-inclusive, creating unnecessary review process. In 1998, a housing re- burdens for participants and HUD alike. fillable portable document form (pdf) engineering task force met with version of Form 2530.9 In issuing this For example, the current review and members of the multifamily housing certification process requires submittal new form, HUD did make some changes industry to discuss suggestions for to reduce burden. Schedule A of the of information about the entities’ improving HUD’s previous participation form requires a listing of previous organizational structures and detailed process.2 In 2004, HUD convened a projects for only the past 10 years. The information about each entity in the working group consisting of multifamily form no longer requires alphabetizing organizational structure. This housing industry partners to improve the list of the organization’s principals, information is often duplicative of the process.3 In 2004 through 2005, and the organization may attach a information that HUD collects HUD undertook rulemaking to replace elsewhere in program application the Form 2530 paper submission significant authority document for procedures. The previous participation requirement with an electronic review principals who have authority to sign on review process set forth in the current system, which HUD named the Active behalf of the organization. regulations can obfuscate what entities Partner Performance System (APPS). While the guidance provided in the and individuals exercise true control HUD published its final rule on April Housing notices and the new Form 2530 over a project. Applicants are often 13, 2005, at 70 FR 19660, which became PDF with fillable sections have highly complex entities. Current effective on May 13, 2005, and provided provided some improvement to the procedures have not kept step with for transition to the new system, six previous participation review process, contemporary organizational structures months following publication of the significant improvement is not achieved or transactional practices. For example, final rule.4 Unfortunately, electronic by solely changing the form by which the current regulations’ definitions pre- processing did not work as HUD information is submitted. HUD date the development of limited liability envisioned due to bugs in the now recognizes that to achieve the companies as an organizational entity. Participants in HUD’s multifamily outdated, 2006 version of the electronic improvement that HUD and HUD’s housing and healthcare programs have system, and the Preservation Approval multifamily housing and healthcare long complained about the delays with Process Act of 2007 (Public Law 110–35, programs industry partners seek, HUD HUD’s previous participation process approved June 25, 2007) directed HUD must change the process. In this regard, because of the overly detailed to suspend the mandatory electronic HUD is continuing to review its information required to be submitted. filing of previous participations previous participation review practices Complaints focused on the difficulties certificates in order to permit paper for potential improvements. These associated with obtaining information filings of Form 2530 at the participant’s revised regulations are one piece of 5 from all the limited partner investors in option. those continuing efforts. individual projects and in duplicating Since 2007, HUD has not undertaken In soliciting public comment on information for multiple levels of further rulemaking to improve the regulations on which HUD should focus affiliates. Current regulations require previous participation process, but has on streamlining and reducing burden, taken incremental steps designed to that HUD field offices send certain through notice published on March 2, minimize burden. On January 22, 2010, requests for determination to HUD 2011, at 76 FR 11395,10 commenters HUD issued Housing Notice H2010–04, headquarters instead of resolving them raised the regulations governing the which revised the previous at the field office level, which previous participation process as participation process with respect to contributes to further delays. The regulations that HUD should address as process set forth in the current placing ‘‘flags’’ for certain conditions pertaining to the multifamily housing regulations for appealing adverse 6 See http://www.hud.gov/offices/adm/hudclips/ determinations is cumbersome and yet and healthcare programs process. A flag notices/hsg/10hsgnotices.cfm. fails to specify that participants can generally will necessitate additional 7 See http://portal.hud.gov/hudportal/documents/ participate in the appeal or submit huddoc?id=11-24hsgn.pdf. information they deem relevant to the 2 See http://www.hud-consultant.com/2530.html. 8 See http://portal.hud.gov/hudportal/documents/ 3 appeal. Participants in HUD’s See http://www.ncsha.org/node/923. huddoc?id=12-16hsgn.pdf. 4 See http://www.gpo.gov/fdsys/pkg/FR-2005-04- 9 See http://portal.hud.gov/hudportal/documents/ multifamily housing and healthcare 13/pdf/05-7351.pdf. huddoc?id=2530.pdf. programs also stated that the previous 5 See http://www.gpo.gov/fdsys/pkg/PLAW- 10 See http://www.gpo.gov/fdsys/pkg/FR-2011-03- participation process requires 110publ35/pdf/PLAW-110publ35.pdf. 02/pdf/2011-4563.pdf.

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part of the retrospective review project. The APPs system will continue Participant are all specifically excluded process.11 to be available for use. from previous participation review. The proposed regulation would expand this Changes to the regulations governing A. Consolidation of Key Concepts the previous participation process exemption to investors in other kinds of would benefit both HUD’s multifamily The proposed rule would consolidate tax credits who also do not exercise housing and healthcare participants and the central concepts currently codified control of the project. HUD. The detailed prescriptive in Subpart H into four regulatory Proposed § 200.218 would establish procedure in the current regulations is sections. These proposed sections are: the concept of a ‘‘Triggering Event,’’ § 200.214 (Covered Projects), § 200.216 at once overly inclusive and under- which specifically identifies which (Controlling Participants), § 200.218 inclusive, in some instances making it actions taken by a Controlling (Triggering Events), and § 200.220 difficult for HUD to review the previous Participant would require the (Previous Participation). participation of certain controlling submission of materials for the purpose First, proposed § 200.214 establishes of undergoing previous participant entities and individuals with control, the new term ‘‘Covered Project’’ to refer while at other times requiring HUD to review. to the types of proposed projects that Proposed § 200.220 would describe review the previous participation of subject certain entities and individuals what is involved in a previous entities and individuals that will not to previous participation review. The participation review. The purpose of the exercise control over a proposed project. definition of Covered Project would review is to focus on the prior II. This Proposed Rule include many of the categories of performance of Covered Projects in projects currently listed in § 200.217, which the Controlling Partner exercised The proposed rule would revise the which describes the types of projects actual or constructive control and to Subpart H regulations in their entirety, that require principals to submit their determine whether any serious findings replacing the current prior participation previous participation certification. It reflect adversely on the Controlling review process. While the current also includes a category for projects Participants’ integrity, competency, or regulations mandate that Form HUD insured under sections 542(b) and ability to exercise control of a Covered 2530 be used, the proposed rule would 542(c) of the Housing and Community Project responsibly. shift the emphasis of the regulations Development Act of 1992 (12 U.S.C. In addition, the proposed rule would from this specific form to the substance 17107 note), which sections provide add the term ‘‘Commissioner’’ to the of what is being asked from whom. This HUD with insurance authority definitions for Subpart H. The subpart H would provide HUD with flexibility to independent of the National Housing regulations would be revised to clarify develop form(s) specifically tailored to Act and authorizes certain risk-sharing that HUD’s decision making authority in certain programs, which seek arrangements with certain entities. the review process resides with the information relevant to those programs, Proposed § 200.216 would identify Assistant Secretary for Housing— and expand electronic data practices for the individuals and entities that are Federal Housing Commissioner gathering information. This approach subject to previous participation review. (Commissioner), and the would further decrease the burden of This concept is currently captured in Commissioner’s designees. information collection imposed on HUD’s existing codified regulations in applicants. The proposed revised the definition for ‘‘Principal’’ in B. Determining Risk process would also clarify when past § 200.215(e) as well as in § 200.218, Under the current regulations, HUD is participation review is triggered. which sets out who must certify and required to evaluate applicants’ prior Furthermore, the proposed rule sign Form 2530. Proposed § 200.216 performance using specific criteria set streamlines the appeals process for would establish the new term out in the definition for ‘‘risk’’ in applicants who receive adverse ‘‘Controlling Participant,’’ in order to § 200.215 and using the standards for determinations and specifies that they clarify that HUD will only seek disapproval outlined in § 200.230. HUD have a right to participate in the appeal information pertaining to the previous has found these criteria and standards to and submit information they may feel is participation of those individuals or be constraining and, at times, have helpful in their circumstances. entities who will exercise control over presented an unnecessarily high bar to Because the instructions of the 2530 the proposed project. The definition for participation by qualified applicants. In form mirror the requirements of the Controlling Participant would be other instances, HUD has found these existing regulations, it is assumed that narrower than the specific types of criteria and standards to insufficiently the instructions will need to be revised individuals and entities included in the cover a circumstance that HUD once the regulations are finalized, existing definition for ‘‘principal’’; determines should constitute an following consideration of public instead of including any individuals or impermissible risk to the Department. comments received in response to this entities who have any interest in the Nor is previous participation review the proposed rule. Although the proposed project other than an arms-length fee primary avenue for the Department to regulations envision greatly reducing arrangement for professional services. assess the risk of a project; various the burden of completing the 2530 form, Instead of including long lists of application and underwriting because information will be collected enumerated individuals and affiliate procedures assess different components from substantially fewer entities, the entities, the definition for Controlling of risk. Previous participation review is substance of the information collected is Participant would include the persons merely one component of assessing risk, anticipated to remain largely the same. or entities determined by HUD to have and the proposed rule more accurately The information sought by the 2530 control over the finances or operation of reflects its purpose. form is directed to obtaining core a proposed project. As required by the Controlling Participants who are performance information that is needed Preservation Approval Process Act of debarred, suspended, subject to of an entity that has control over the 2007, investor entities with limited restrictions under 2 CFR part 2424, or liability in Covered Projects benefiting prohibited from doing business with any other federal department or federal 11 See http://www.regulations.gov/#!docket from low-income housing tax credits, Browser;rpp=25;po=0;s=2530%252Bprocess;dct= that do not have operational or policy agency are automatically precluded PS;D=HUD-2011-0037. control or influence over a Controlling from participation in federal programs,

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and the proposed rule would deny the process by consolidating them into a measures were not successful in participation of such Controlling single section. Proposed § 200.222 providing a significant overhaul of the Participants from the current Triggering would substitute the opportunity for a previous participation review process Event for which they are applying. The hearing before the standing Multifamily sufficient to remedy the common proposed rule would also allow the Participation Review Committee with complaints. HUD believes that this Commissioner to require that other the opportunity for reconsideration proposal to streamline the previous unacceptable risks be mitigated before before a review committee or a participation review process strikes the the Controlling Participant could reviewing officer, as established by the appropriate balance between allowing participate in the current Triggering Commissioner. Further, the proposed HUD to effectively assess the suitability Event. Proposed § 200.220(c) would rule explicitly provides that the of applicants to participate in HUD’s provide the Commissioner this applicant have an opportunity to multifamily housing and healthcare discretion to disapprove an applicant, participate in this reconsideration programs, while interjecting sufficient conditionally accept an applicant, process and submit information on their flexibility into the process in order to temporarily withhold approval of an behalf; the current regulations lack these remove a one-size-fits-all review applicant until more information can be provisions. process. Such a balance best allows gathered, or require the Controlling HUD believes these proposed changes HUD to make determinations of Participant to remedy or mitigate certain significantly reduce the burden of the suitability in order to accurately access conditions to the Commissioner’s previous participation process, which risk. satisfaction. Examples of unacceptable has long been subject to complaints of Regulatory Flexibility Act risk would typically include those being too burdensome a process. HUD deficiencies currently codified at welcomes comments on how this The Regulatory Flexibility Act (RFA) § 200.230, such as but not limited to: (1) process may be further streamlined but (5 U.S.C. 601 et seq.) generally requires Mortgage defaults, assignments or preserves HUD’s right and need to an agency to conduct a regulatory foreclosures; (2) suspension or determine the suitability of applicants flexibility analysis of any rule subject to termination of payments under any to participate in HUD’s multifamily notice and comment rulemaking HUD assistance contract; (3) significant housing and healthcare programs. requirements, unless the agency certifies work stoppages; and (4) instances of that the rule would not have a noncompliance with the regulations, III. Findings and Certifications significant economic impact on a programmatic or contractual Regulatory Review—Executive Orders substantial number of small entities. As has been discussed in this requirements of HUD or State or local 12866 and 13563 government’s Housing Finance Agency preamble, this rule proposes to greatly in connection with an insured or Under Executive Order 12866 streamline HUD’s previous participation assisted project. (Regulatory Planning and Review), a review process. As noted earlier in this Collectively, these changes would determination must be made whether a preamble, and discussed in more detail significantly reduce the initial regulatory action is significant and, in the preceding section, this process paperwork burden for applicants and therefore, subject to review by the Office has long been the subject of complaint would allow the Department to of Management and Budget (OMB) in by HUD participants as an overly undertake a targeted review to those accordance with the requirements of the burdensome process. HUD believes that who control the finances and/or order. Executive Order 13563 the changes proposed by this rule would operation of a project. (Improving Regulations and Regulatory allow HUD to better consider the Review) directs executive agencies to differences of any applicant and tailor C. Other Proposed Changes analyze regulations that are ‘‘outmoded, requested information to that applicant, In addition to the proposed regulatory ineffective, insufficient, or excessively including whether the applicant is a changes discussed above, the proposed burdensome, and to modify, streamline, small entity. For these reasons, HUD has rule would make several other expand, or repeal them in accordance determined that this rule would not streamlining and clarifying changes. For with what has been learned.’’ Executive have a significant economic impact on example, § 200.230 of the currently Order 13563 also directs that, where a substantial number of small entities. codified regulations requires HUD to relevant, feasible, and consistent with Notwithstanding HUD’s consider particular kinds of events or regulatory objectives, and to the extent determination that this rule will not flags in its evaluation of applicants, permitted by law, agencies are to have a significant effect on a substantial even when these may not be relevant or identify and consider regulatory number of small entities, HUD indicative of real risk. Any flag is approaches that reduce burdens and specifically invites comments regarding enough to delay a project and can stand maintain flexibility and freedom of any less burdensome alternatives to this as an obstacle to the applicant’s choice for the public. rule that will meet HUD’s objectives as participation. The proposed rule This rule was determined not to be a described in this preamble. refocuses the purpose of this previous ‘‘significant regulatory action’’ as participation review. If a violation rises defined in section 3(f) of Executive Environmental Impact to the level of indicating unacceptable Order 12866, nor was it found to be an This proposed rule does not direct, risk, in accordance with contemporary economically significant regulatory provide for assistance or loan and transactional practices, the violation action, as provided under section 3(f)(1) mortgage insurance for, or otherwise must be mitigated. If not, HUD and the of the Executive Order. govern, or regulate, real property participant have more flexibility in how This rule responds to the direction of acquisition, disposition, leasing, and when to mitigate the violation. In Executive Order 13563 to reduce rehabilitation, alteration, demolition, or addition, §§ 200.241–200.245 in the burden. As discussed in this preamble, new construction, or establish, revise or currently codified regulations establish HUD stakeholders have long provide for standards for construction or a detailed appeals process for applicants complained about the previous construction materials, manufactured who receive an adverse determination. participation process, and HUD has housing, or occupancy. Accordingly, The proposed rule would streamline offered measures over the past to under 24 CFR 50.19(c)(1), this proposed these regulations addressing the appeals improve this process. However these rule is categorically excluded from

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environmental review under the compliance costs on state and local Paperwork Reduction Act National Environmental Policy Act of governments nor preempts state law 1969 (42 U.S.C. 4321). within the meaning of the Order. The information collection requirements contained in this proposed Federalism Impact Unfunded Mandates Reform Act rule have been submitted to the Office Executive Order 13132 (entitled of Management and Budget (OMB) ‘‘Federalism’’) prohibits an agency from Title II of the Unfunded Mandates under the Paperwork Reduction Act of publishing any rule that has federalism Reform Act of 1995 (2 U.S.C. 1531– 1995 (44 U.S.C. 3501–3520). In implications if the rule either imposes 1538) (UMRA) establishes requirements accordance with the Paperwork substantial direct compliance costs on for federal agencies to assess the effects Reduction Act, an agency may not state and local governments and is not of their regulatory actions on state, conduct or sponsor, and a person is not required by statute, or preempts state local, and tribal governments, and on required to respond to, a collection of law, unless the agency meets the the private sector. This rule does not information unless the collection consultation and funding requirements impose any federal mandates on any displays a currently valid OMB control of section 6 of the Order. This rule does state, local, or tribal governments, or on number. The burden of information not have federalism implications and the private sector, within the meaning of collection in this proposed rule is would not impose substantial direct UMRA. estimated as follows:

INFORMATION COLLECTION UNDER CURRENT 2530 REVIEW PROCESS

Approximate number of Number of respondents Burden Total annual Hourly Total annual Information collection forms filed needed to hours per burden hours cost per cost per filing annually complete the respondent per filing respondent form

HUD–2530 (paper), Electronic ...... 10,000 8 per filing ...... 1 8 $20 $160.00.

Total Annual Burden per All Filings 10,000 80,000 ...... 80,000 ...... $1.6 Million.

INFORMATION COLLECTION UNDER PROPOSED PARTICIPATION REVIEW PROCESS

Approximate Number of re- number of re- Burden Total annual Hourly Total annual Information collection views done spondents to hours per burden hours cost per cost per filing annually be reviewed respondent per filing respondent

Previous Participation Review ...... 10,000 3 per filing ...... 1 3 $20 $60.00

Total Annual Burden per All Filings 10,000 30,000 ...... 30,000 ...... 600,000

In accordance with 5 CFR information collection requirements in through the Federal eRulemaking Portal 1320.8(d)(1), HUD is soliciting this rule. Under the provisions of 5 CFR at http://www.regulations.gov. HUD comments from members of the public part 1320, OMB is required to make a strongly encourages commenters to and affected agencies concerning the decision concerning this collection of submit comments electronically. information collection requirements in information between 30 and 60 days Electronic submission of comments the proposed rule regarding: after today’s publication date. Therefore, allows the commenter maximum time to (1) Whether the proposed collection a comment on the information prepare and submit a comment, ensures of information is necessary for the collection requirements is best assured timely receipt by HUD, and enables proper performance of the functions of of having its full effect if OMB receives HUD to make them immediately the agency, including whether the the comment within 30 days of today’s available to the public. Comments information will have practical utility; publication. This time frame does not submitted electronically through the (2) The accuracy of the agency’s affect the deadline for comments to the http://www.regulations.gov Web site can estimate of the burden of the proposed agency on the proposed rule, however. be viewed by other commenters and collection of information; Comments must refer to the proposal by interested members of the public. (3) Whether the proposed collection name and docket number (FR–5850–P– Commenters should follow the of information enhances the quality, 01) and must be sent to: HUD Desk instructions provided on that site to utility, and clarity of the information to Officer, Office of Management and submit comments electronically. be collected; and Budget, New Executive Office Building, (4) Whether the proposed information List of Subjects in 24 CFR Part 200 Washington, DC 20503, Fax number: collection minimizes the burden of the Administrative practice and (202) 395–6947 and Colette Pollard, collection of information on those who procedure, Claims, Equal employment are to respond; including through the HUD Reports Liaison Officer, opportunity, Fair housing, Housing use of appropriate automated collection Department of Housing and Urban standards, Lead poisoning, Loan techniques or other forms of information Development, 451 7th Street, SW., programs—housing and community technology (e.g., permitting electronic Room 2204, Washington, DC 20410. development, Mortgage insurance, submission of responses). Interested persons may submit Organization and functions Interested persons are invited to comments regarding the information (Government agencies), Penalties, submit comments regarding the collection requirements electronically Reporting and recordkeeping

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requirements, Social security, participation in federal programs, as (1) An owner of a Covered Project; Unemployment compensation, Wages. further described in § 200.220. (2) A borrower of a loan financing a Accordingly, for the reasons stated in Triggering Event means an occurrence Covered Project; the preamble above, and in accordance in connection with a Covered Project (3) A management agent; with HUD’s authority under 42 U.S.C. that subjects a Controlling Participant to (4) An operator (in connection with 3535(d), HUD proposes to amend 24 Previous Participation review under this healthcare projects insured under the CFR part 200 as follows: subpart, as further described in following section of the National § 200.218. Housing Act: section 232 (12 U.S.C. PART 200—INTRODUCTION TO FHA 1715w) and section 242 (12 U.S.C. § 200.214 Covered Projects. PROGRAMS 1715z–7)); The following types of multifamily (5) A master tenant (in connection ■ 1. The authority citation for 24 CFR and healthcare projects are Covered with any multifamily housing project part 200 continues to read as follows: Projects subject to the requirements of insured under the National Housing Act Authority: 12 U.S.C. 1702–1715z–21; 42 this subpart, provided however that (12 U.S.C. 1701 et seq.), and in U.S.C. 3535(d). single family projects are excluded from connection with certain healthcare ■ 2. Revise subpart H to read as follows: the definition of Covered Projects: projects insured under sections 232 and (a) FHA insured projects. A project 242 of the National Housing Act); Subpart H—Participation and Compliance financed or which is proposed to be Requirements (6) A general contractor; financed with a mortgage insured under (7) In connection with a hospital Sec. the National Housing Act, a project 200.210 Policy. project insured under section 242 of the subject to a mortgage held by the National Housing Act (12 U.S.C. 1715z– 200.212 Definitions. Secretary under the National Housing 200.214 Covered Projects. 7), members of a hospital Board of 200.216 Controlling Participant. Act, or a project acquired by the Directors (or similar body) and 200.218 Triggering Events. Secretary under the National Housing executive management (such as the 200.220 Previous Participation review. Act. Chief Executive Officer and Chief 200.222 Request for reconsideration. (b) Housing for the elderly or persons Financial Officer) that HUD determines with disabilities. Housing for the elderly to have control over the finances or Subpart H—Participation and financed or to be financed with direct operation of a Covered Project; and Compliance Requirements loans or capital advances under section (8) Any other person or entity 202 of the Housing Act of 1959, as § 200.210 Policy. determined by HUD to have control over amended; and housing for persons with It is HUD’s policy that, in accordance the finances or operation of a Covered disabilities under section 811 of the with the intent of the National Housing Project. Cranston-Gonzalez National Affordable Act (12 U.S.C. 1701 et seq.) and with (b) Control of entities. To the extent Housing Act. other applicable federal statutes, any Controlling Participant listed in (c) Risk Share projects. A project that participants in HUD’s housing and paragraph (a) of this section is an entity, is insured under section 542(b) or 542(c) healthcare programs be responsible any individual(s) determined by HUD to of the Housing and Community individuals and organizations who will control the financial or operational Development Act of 1992 (12 U.S.C. honor their legal, financial and decisions of such Controlling contractual obligations. Accordingly, as 17107 note). (d) Projects subject to continuing HUD Participant shall also be considered provided in this subpart, HUD will requirements. A project that is subject to Controlling Participants. For purposes review the prior participation of of this section, ‘‘control’’ shall mean Controlling Participants, as defined in a Use Agreement or any other continuing HUD requirements or ownership of at least 25 percent of such § 200.212 and § 200.216, as a entity or the ability to bind such entity prerequisite to participation in HUD’s affordability restrictions. (e) Subsidized projects. Any project in in the Triggering Event that necessitates multifamily housing and healthcare review of Previous Participation. programs listed in § 200.214. which 20 percent or more of the units now receive or will receive a subsidy in (c) Exclusions from definition. The § 200.212 Definitions. the form of: following individuals or entities are not Controlling Participants for purposes of As used in this subpart: (1) Interest reduction payments under Commissioner means the Assistant section 236 of the National Housing Act this subpart: Secretary for Housing-Federal Housing (12 U.S.C. 1715z–1); (1) Investor entities with limited Commissioner, or the Commissioner’s (2) Rent Supplement payments under liability in Covered Projects benefiting delegates and designees. section 101 of the Housing and Urban from tax credits, including but not Controlling Participant means an Development Act of 1965 (12 U.S.C. limited to low-income housing tax individual or entity serving in a 1701s); or credits pursuant to section 42 of title 26 capacity for a Covered Project that (3) Project-based housing assistance of the United States Code, whether such makes the individual or entity subject to payment contracts under section 8 of investors are syndicators, direct previous participation review under this the United States Housing Act of 1937 investors or investors in such subpart, as further described in (42 U.S.C. 1437f), excluding those syndicators and/or investors; § 200.216. issued pursuant to section 8(o)(13) of (2) Individuals or entities that do not Covered Project means a HUD-held, the United States Housing Act of 1937 have operational or policy control or FHA-insured, or HUD-assisted project (42 U.S.C. 1437f(o)(13). influence over an entity that is a on which the participation of a Controlling Participant; Controlling Participant is conditioned § 200.216 Controlling Participant. (3) Mortgagees acting in their capacity on previous participation review under (a) Definition. An individual or entity as such; and this subpart, as further described in serving in any of the following (4) Public housing agencies (PHAs), § 200.214. capacities for a Covered Project is a where the PHA is acting in its capacity Previous Participation means a Controlling Participant subject to the as a PHA owning or operating public Controlling Participant’s previous requirements of this subpart: housing.

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§ 200.218 Triggering Events. providing decent, safe and affordable § 200.222 Request for reconsideration. Each of the following is a Triggering housing for the public. At the (a) Where participation in a Triggering Event that may subject a Controlling Commissioner’s discretion, as necessary Event has been disapproved, otherwise Participant to Previous Participation to determine financial or operating risk, limited or conditioned because of review under § 200.220: this review may include the Controlling Previous Participation review, the (a) An application for FHA mortgage Participant’s participation and Controlling Participant may request insurance, excluding applications performance in any federal program and reconsideration of such determination already approved by HUD; may exclude previous participation in by a review committee or reviewing (b) An application for funds provided which the Controlling Participant did officer as established by the by HUD, such as but not limited to not exercise, actually or constructively, Commissioner. supplemental loans or flexible subsidy control. (b) The Controlling Participant shall loans; (2) The Commissioner will not review submit requests for such reconsideration (c) A request to change any Previous Participation for interests in writing within 30 days of receipt of Controlling Participant with respect to a acquired by inheritance or by court the Commissioner’s notice of the Covered Project; decree. determination under § 200.220. (d) A request for consent to an (3) In connection with the submittal (c) The review committee or assignment of a housing assistance of an application for any Triggering reviewing officer shall schedule a payment contract under section 8 of the Event, applicants shall identify the review of such requests for United States Housing Act of 1937 or of Controlling Participants and, to the reconsideration. The Controlling another contract pursuant to which a extent requested by HUD, make Participant shall be provided advance Controlling Participant will receive available to HUD the Controlling written notification of such a review. funds in connection with a Covered Participant’s Previous Participation in The Controlling Participant shall be Project; Covered Projects. provided the opportunity to submit (e) A bid to purchase a Covered (b) Results of review. (1) Based upon such supporting materials as the Project or mortgage note held by the the review under paragraph (a) of this Controlling Participant desires or as the Commissioner; or section, the Commissioner will approve, review committee or reviewing officer (f) A sale of a HUD-held mortgage disapprove, limit, or otherwise requests. affecting a Covered Project, or a sale of condition the continued participation of (d) Before making its decision, the any HUD-held Covered Project that is the Controlling Participant in the review committee or reviewing officer now or will be subject to a Use Triggering Event, in accordance with will analyze the reasons for the Agreement or any other continuing HUD paragraphs (c) and (d) of this section. decision(s) for which reconsideration is requirements or affordability (2) The Commissioner shall provide being requested, as well as the restrictions. Notwithstanding the notice of the determination to the documents and arguments presented by foregoing, HUD may elect to refrain Controlling Participant including the the Controlling Participant. The review from conducting Previous Participation reasons for disapproval or limitation. committee or reviewing officer may review under this subsection where a The Commissioner may provide notice affirm, modify, or reverse the initial bidder’s Previous Participation has of the determination to other parties, as decision. Upon making its decision, the already been reviewed under paragraph well, such the FHA-approved lender in review committee or reviewing officer (e) of this section, in order to avoid a the transaction. will provide written notice of its duplicative review. (c) Basis for disapproval. (1) The determination to the Controlling Participant setting forth the reasons for § 200.220 Previous Participation review. Commissioner must disapprove a Controlling Participant if the the determination(s). (a) Scope of review. (1) Upon the Commissioner determines that the Dated: August 3, 2015. occurrence of a Triggering Event, as Controlling Participant is suspended, provided in § 200.218, the Edward L. Golding, debarred or subject to other restriction Principal Deputy Assistant Secretary for Commissioner shall review the Previous under 2 CFR part 2424; Participation of the relevant Controlling Housing. (2) The Commissioner may [FR Doc. 2015–19529 Filed 8–7–15; 8:45 am] Participants in considering whether to disapprove a Controlling Participant if BILLING CODE 4210–67–P approve the participation of the the Commissioner determines: Controlling Participants in connection (i) The Controlling Participant is with the Triggering Event. The restricted from doing business with any ENVIRONMENTAL PROTECTION Commissioner’s review of a Controlling other department or agency of the AGENCY Participant’s previous participation federal government; or shall include previous financial and (ii) The Controlling Participant’s 40 CFR Part 52 operational performance in federal record of Previous Participation reveals programs that may indicate a financial significant risk to proceeding with the [EPA–R10–OAR–2015–0483; FRL–9931–84– or operating risk in approving the Triggering Event. Region 10] Controlling Participant’s participation (d) Alternatives to disapproval. In lieu Approval and Promulgation of in the subject Triggering Event. The of disapproval, the Commissioner may: Commissioner’s review shall consider (1) Condition or limit the Controlling Implementation Plans; Washington: financial stability; previous performance Participant’s participation; Update to the Spokane Regional Clean in accordance with HUD statutes, (2) Temporarily withhold issuing a Air Agency Solid Fuel Burning Device regulations and program requirements; determination in order to gather more Standards general business practices and other necessary information; or AGENCY: Environmental Protection factors that indicate that the Controlling (3) Require the Controlling Participant Agency. Participant could not be expected to to remedy or mitigate outstanding ACTION: Proposed rule. operate the project in a manner violations of HUD requirements to the consistent with furthering the Commissioner’s satisfaction in order to SUMMARY: The Environmental Protection Department’s purpose of supporting and participate in the Triggering Event. Agency (EPA) is proposing to approve a

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State Implementation Plan (SIP) comment that is placed in the public 1990. Washington submitted a PM10 revision submitted by the Washington docket and made available on the attainment plan on December 12, 1994, State Department of Ecology (Ecology) Internet. If you submit an electronic and the EPA approved the Plan on on July 10, 2015. The SIP submission comment, the EPA recommends that January 27, 1997 (62 FR 3800). One contains revisions to the Spokane you include your name and other element of the approved PM10 Regional Clean Air Agency (SRCAA) contact information in the body of your attainment plan was the residential solid fuel burning device regulations to comment and with any disk or CD–ROM wood smoke curtailment program control particulate matter from you submit. If the EPA cannot read your contained in SRCAA, Article VIII, Solid residential wood combustion. The comment due to technical difficulties Fuel Burning Device Standards. On July updated regulations reflect the State of and cannot contact you for clarification, 1, 2005, the EPA redesignated the Washington’s statutory changes setting the EPA may not be able to consider Spokane area to attainment for PM10 fine particulate matter trigger levels for your comment. Electronic files should based on the existing set of control impaired air quality burn bans. The avoid the use of special characters, any measures contained in Ecology’s submission also contains updates to the form of encryption, and be free of any original 1994 attainment plan (70 FR regulations to improve the clarity of the defects or viruses. 38029). language. We are proposing to approve Docket: All documents in the docket On July 18, 1997, the EPA revised the these changes because they meet the are listed in the www.regulations.gov particulate matter standards to establish requirements of the Clean Air Act and index. Although listed in the index, the fine particulate matter (PM2.5) strengthen the Washington SIP. some information is not publicly NAAQS for particles that are 2.5 DATES: Written comments must be available, e.g., CBI or other information micrometers in diameter or smaller, received on or before September 9, the disclosure of which is restricted by based on significant evidence and 2015. statute. Certain other material, such as numerous health studies demonstrating copyrighted material, is not placed on that serious health effects are associated ADDRESSES : Submit your comments, the Internet and will be publicly with exposures to PM2.5 (62 FR 38652). identified by Docket ID No. EPA–R10– available only in hard copy. Publicly The EPA’s revised 1997 particulate OAR–2015–0483, by any of the available docket materials are available matter standards included a 24-hour following methods: either electronically in NAAQS of 65 mg/m3 for PM , based on • 2.5 www.regulations.gov: Follow the www.regulations.gov or in hard copy a three-year average of the 98th on-line instructions for submitting during normal business hours at the percentile of 24-hour concentrations. On comments. Office of Air, Waste and Toxics, EPA October 17, 2006, the EPA revised the • 3 Email: R10- Region 10, 1200 Sixth Avenue, Seattle, PM2.5 24-hour NAAQS from 65 mg/m to _ Public [email protected]. WA 98101. 35 mg/m3 based on additional evidence • Mail: Jeff Hunt, EPA Region 10, FOR FURTHER INFORMATION CONTACT: Jeff and health studies (71 FR 61144). Office of Air, Waste and Toxics (AWT– Hunt at (206) 553–0256, hunt.jeff@ 150), 1200 Sixth Avenue, Suite 900, II. Summary of SIP Revision epa.gov, or the above EPA, Region 10 Seattle, WA 98101. address. On January 27, 1997, the EPA • Hand Delivery/Courier: EPA Region approved Regulation I, Article VIII— 10, 1200 Sixth Avenue, Suite 900, SUPPLEMENTARY INFORMATION: Solid Fuel Burning Device Standards, Seattle, WA 98101. Attention: Jeff Hunt, Throughout this document whenever adopted by SRCAA in 1994 (62 FR Office of Air, Waste and Toxics, AWT– ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 3800). This set of adopted regulations 150. Such deliveries are only accepted intended to refer to the EPA. predated the EPA’s promulgation of the The following outline is provided to during normal hours of operation, and PM2.5 NAAQS, and focused on the 1987 aid in locating information in this special arrangements should be made PM10 NAAQS for residential woodstove for deliveries of boxed information. preamble: curtailment. More recently, the Instructions: Direct your comments to Table of Contents Washington State Legislature revised Docket ID No. EPA–R10–OAR–2015– the underlying statutory authority 0483. The EPA’s policy is that all I. Background contained in Chapter 70.94 Revised comments received will be included in II. Summary of SIP Revision III. Proposed Action Code of Washington (RCW) Washington the public docket without change and IV. Incorporation by Reference Clean Air Act (Washington Clean Air may be made available online at V. Statutory and Executive Order Reviews Act) regarding residential wood smoke www.regulations.gov, including any curtailment programs to focus on the personal information provided, unless I. Background more pressing and environmentally the comment includes information On July 1, 1987, the EPA promulgated relevant 24-hour PM2.5 NAAQS. In a SIP claimed to be Confidential Business revised National Ambient Air Quality revision approved by the EPA on May Information (CBI) or other information Standards (NAAQS or standards) for 9, 2014, Ecology provided an analysis the disclosure of which is restricted by particulate matter focused on inhalable covering former PM10 nonattainment statute. Do not submit information that coarse particles (PM10) that are 10 areas in both Western and Eastern you consider to be CBI or otherwise micrometers in diameter or smaller (52 Washington to demonstrate that wood protected through www.regulations.gov FR 24663). The PM10 standard most smoke curtailment programs focused on or email. The www.regulations.gov Web relevant to Washington was the 24-hour the more stringent 24-hour PM2.5 site is an ‘‘anonymous access’’ system, (or daily) standard. The EPA set the 24- NAAQS will provide continued which means the EPA will not know hour PM10 NAAQS at 150 micrograms maintenance of the 24-hour PM10 your identity or contact information per cubic meter (mg/m3), not to be NAAQS (79 FR 26628). The EPA agreed unless you provide it in the body of exceeded more than once per year on with Ecology’s analysis and approved your comment. If you send an email average over a three-year period. The revisions to the statewide regulations comment directly to the EPA without Spokane, Washington, area was contained in Chapter 173–433 going through www.regulations.gov your designated nonattainment for PM10 and Washington Administrative Code email address will be automatically classified as moderate upon enactment (WAC) Solid Fuel Burning Devices to captured and included as part of the of the Clean Air Act Amendments in remove outdated PM10 burn ban trigger

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levels and replace them with PM2.5 The regulations require that seasoned are avoided during potential worst-case trigger levels, consistent with the wood (defined as wood with a moisture periods. While the EPA’s guidance on changes to Chapter 70.94.473 of the content of 20% or less) be burned in alternative emission limits also specifies Washington Clean Air Act. woodstoves and fireplaces. The that the owner or operator’s actions In this action, as the Governor’s regulations also specifically prohibit the during startup and shutdown periods designee for revisions to the Washington burning of garbage (and other named should be documented by signed, SIP, Ecology requested that the EPA materials) in woodstoves and fireplaces, contemporaneous operating logs or approve changes to Regulation I, Article but does allow the burning of paper other relevant evidence, application of VIII—Solid Fuel Burning Device sufficient to start a fire. These this recordkeeping requirement in this Standards adopted by SRCAA on July provisions control the particulate matter case would be an unreasonable burden 10, 2014. This proposed SIP revision emissions from woodstoves and for individual home heating situations. aligns the SRCAA solid fuel burning fireplaces on a continuous basis, See 80 FR 33840, June 12, 2015 device regulations with the Washington whereas the episodic curtailment [relevant discussion begins on page Clean Air Act statutory changes program imposes additional restrictions 33913]. discussed above, as well as the EPA- on the use of woodstoves and fireplaces approved changes to Ecology’s only when necessary to address the III. Proposed Action statewide solid fuel burning device potential buildup of particulate matter regulations (79 FR 26628, May 9, 2014). concentrations. The EPA is proposing to approve SRCAA’s regulatory changes generally Finally, the regulations establish a Washington’s SIP revision received July mirror the statewide Ecology regulations 20% opacity limit on smoke from 10, 2015. Specifically, the EPA is and update the existing EPA-approved residential woodstoves and fireplaces. proposing to approve and incorporate SRCAA regulations for improved clarity. This provision provides a visual by reference into the SIP the SRCAA A document showing, in redline/strike- indicator for the proper operation of a regulations shown in Table 1. In out, the changes, is included in the woodstove or fireplace, including the addition, Ecology and SRCAA docket for this action. use of properly seasoned wood. The submitted Section 8.11, Regulatory As discussed above, the 1994 p.m.10 20% opacity limit applies at all times Actions and Penalties to demonstrate attainment plan for the Spokane area except during the starting of a fire and adequate enforcement authority to included SWCAA Regulation I, Article the refueling of a woodstove or implement the program. Regulations VIII that regulates particulate matter fireplace. However, during those times, describing agency enforcement emissions from residential solid fuel the episodic curtailment program and authority are not generally incorporated burning devices (e.g., woodstoves and other restrictions regulating fuel by reference into the SIP to avoid fireplaces). These regulations include contained in the provisions described potential conflict with the EPA’s several provisions that together provide above continue to apply, as clarified in independent authorities. Therefore, the continuous control of particulate matter the June 22, 2015 letter from the EPA has reviewed and is proposing emissions, including an episodic Spokane Regional Clean Air Agency. approval of Section 8.11 as having curtailment program, restrictions Accordingly, this combination of adequate enforcement authority, but concerning materials that can and regulatory provisions constitutes will not incorporate this section by cannot be burned, and a limit on visible continuous emission limitations, reference into the SIP codified in 40 emissions from residential chimneys. consistent with Federal Clean Air Act CFR 52.2470(c). Similarly, SRCAA The primary element of the solid fuel requirements. Specifically, reliance on Section 8.04 incorporates by reference burning device regulations to help the episodic curtailment program and ensure maintenance of the NAAQS is other provisions regulating fuel the statewide Ecology solid fuel burning the episodic curtailment program which described above serves as an adequate device regulations contained in WAC restricts the use of woodstoves and alternative emission limit during the 173–433. To the extent that SRCAA’s fireplaces on days that are conducive to starting and refueling of fires in regulations reference WAC 173–433– the buildup of particulate matter residential woodstoves and fireplaces, 130, 173–433–170, and 173–433–200 concentrations. The curtailment when use of the 20% opacity limits which contain nuisance, fee, and program restricts the use of woodstoves would be infeasible. Reliance on those enforcement provisions, Washington is and fireplaces by calling stage 1 and requirements during starting and not submitting these provisions for stage 2 burn bans consistent with the refueling periods is limited and specific approval, consistent with the EPA’s May changes to Chapter 70.94.473 of the to the operation of residential stoves 9, 2014 final action on the statewide Washington Clean Air Act. and fireplaces, minimizes the frequency Ecology regulations. See 79 FR 26628. In addition to the episodic and duration of those periods, and We have made the determination that curtailment program, the regulations minimizes the impact of emissions on this action is consistent with section include provisions that impose ambient air quality during those 110 of the CAA. The EPA is soliciting restrictions on what can be burned in periods, while the episodic curtailment public comments which will be woodstoves and fireplaces at any time. program ensures that emission impacts considered before taking final action.

TABLE 1—SUBMITTED RULES

Citation State effective Agency (section) Title date Submitted Explanation

Regulation I—Article VIII—Solid Fuel Burning Device Standards

SRCAA ...... 8.01 Purpose ...... 09/02/15 07/10/15 SRCAA ...... 8.02 Applicability ...... 09/02/15 07/10/15 SRCAA ...... 8.03 Definitions ...... 09/02/15 07/10/15

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TABLE 1—SUBMITTED RULES—Continued

Citation State effective Agency (section) Title date Submitted Explanation

SRCAA ...... 8.04 Emission Performance Standards ...... 09/02/15 07/10/15 Except SRCAA’s incorporation by reference of WAC 173– 433–130, 173–433–170, and 173–433–200. SRCAA ...... 8.05 Opacity Standards...... 09/02/15 07/10/15 SRCAA ...... 8.06 Prohibited Fuel Types ...... 09/02/15 07/10/15 SRCAA ...... 8.07 Curtailment (Burn Ban) ...... 09/02/15 07/10/15 SRCAA ...... 8.08 Exemptions ...... 09/02/15 07/10/15 SRCAA ...... 8.09 Procedure to Geographically Limit Solid 09/02/15 07/10/15 Fuel Burning Devices. SRCAA ...... 8.10 Restrictions on Installation and Sales of 09/02/15 07/10/15 Solid Fuel Burning Devices.

IV. Incorporation by Reference in the Unfunded Mandates Reform Act ENVIRONMENTAL PROTECTION In accordance with requirements of 1 of 1995 (Pub. L. 104–4); AGENCY • does not have Federalism CFR 51.5, the EPA is proposing to revise 40 CFR Part 52 our incorporation by reference of 40 implications as specified in Executive CFR 52.2470(c)—Table 9 ‘‘Additional Order 13132 (64 FR 43255, August 10, Regulations Approved for the Spokane 1999); [EPA–R04–OAR–2015–0247; FRL–9932–23– Regional Clean Air Agency (SRCAA) • is not an economically significant Region 4] Jurisdiction’’ to reflect the regulations regulatory action based on health or Approval and Promulgation of shown in Table 1. The EPA has made, safety risks subject to Executive Order Implementation Plans; Mississippi; and will continue to make, these 13045 (62 FR 19885, April 23, 1997); Memphis, TN-MS-AR Emissions documents generally available • is not a significant regulatory action Statements for the 2008 8-Hour Ozone electronically through subject to Executive Order 13211 (66 FR Standard www.regulations.gov and/or in hard 28355, May 22, 2001); copy at the appropriate EPA office (see AGENCY: • is not subject to requirements of Environmental Protection the ADDRESSES section of this preamble Section 12(d) of the National Agency. for more information). Technology Transfer and Advancement ACTION: Proposed rule. V. Statutory and Executive Order Act of 1995 (15 U.S.C. 272 note) because SUMMARY: The Environmental Protection Reviews this action does not involve technical standards; and Agency (EPA) is proposing to approve a Under the CAA, the Administrator is • draft state implementation plan (SIP) required to approve a SIP submission does not provide the EPA with the revision submitted by the State of that complies with the provisions of the discretionary authority to address, as Mississippi, through the Mississippi CAA and applicable Federal regulations. appropriate, disproportionate human Department of Environmental Quality 42 U.S.C. 7410(k); 40 CFR 52.02(a). health or environmental effects, using (MDEQ) on June 1, 2015, for parallel Thus, in reviewing SIP submissions, the practicable and legally permissible processing, to address the emissions EPA’s role is to approve state choices, methods, under Executive Order 12898 statement requirements for the State’s provided that they meet the criteria of (59 FR 7629, February 16, 1994). portion of the Memphis, Tennessee- the CAA. Accordingly, this action In addition, this rule does not have Mississippi-Arkansas (Memphis, TN- merely proposes to approve state law as tribal implications as specified by MS-AR) 2008 8-hour ozone national meeting Federal requirements and does Executive Order 13175 (65 FR 67249, ambient air quality standards (NAAQS) not impose additional requirements November 9, 2000), because it will not nonattainment area (hereafter referred to beyond those imposed by state law. For impose substantial direct costs on tribal as the ‘‘Memphis, TN-MS-AR Area’’ or that reason, this proposed action: governments or preempt tribal law. This ‘‘Area’’). Annual emissions reporting • Is not a ‘‘significant regulatory SIP revision is not approved to apply in (i.e., emissions statements) is required action’’ subject to review by the Office Indian reservations in the State or any for all ozone nonattainment areas. The of Management and Budget under other area where the EPA or an Indian Area is comprised of Shelby County in Executive Order 12866 (58 FR 51735, tribe has demonstrated that a tribe has Tennessee, Crittenden County in October 4, 1993); jurisdiction. Arkansas, and a portion of DeSoto • does not impose an information List of Subjects in 40 CFR Part 52 County in Mississippi. In a separate collection burden under the provisions action, EPA approved Tennessee’s of the Paperwork Reduction Act (44 Environmental protection, Air regulations addressing emissions U.S.C. 3501 et seq.); pollution control, Incorporation by statements for its portion of the • is certified as not having a reference, and Particulate matter. Memphis, TN-MS-AR Area. EPA will significant economic impact on a Authority: 42 U.S.C. 7401 et seq. consider and take action on the substantial number of small entities emissions statements requirements for under the Regulatory Flexibility Act (5 Dated: July 27, 2015. the Arkansas portion of this Area in a U.S.C. 601 et seq.); Dennis J. McLerran, separate action. This proposed action is • does not contain any unfunded Regional Adminstrator, Region 10. being taken pursuant to the Clean Air mandate or significantly or uniquely [FR Doc. 2015–19280 Filed 8–7–15; 8:45 am] Act (CAA or Act) and its implementing affect small governments, as described BILLING CODE 6560–50–P regulations.

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DATES: Written comments must be disk or CD–ROM you submit. If EPA state is holding its public process. The received on or before September 9, cannot read your comment due to state and EPA then provide for 2015. technical difficulties and cannot contact concurrent public comment periods on ADDRESSES: Submit your comments, you for clarification, EPA may not be both the state action and federal action. If the revision that is finally adopted identified by Docket ID No. EPA–R04– able to consider your comment. and submitted by the State is changed OAR–2015–0247, by one of the Electronic files should avoid the use of in aspects other than those identified in following methods: special characters, any form of the proposed rulemaking on the parallel 1. www.regulations.gov: Follow the encryption, and be free of any defects or process submission, EPA will evaluate on-line instructions for submitting viruses. For additional information those changes and if necessary and comments. about EPA’s public docket visit the EPA appropriate, issue another notice of 2. Email: [email protected]. Docket Center homepage at http:// proposed rulemaking. The final 3. Fax: (404) 562–9019. www.epa.gov/epahome/dockets.htm. 4. Mail: ‘‘EPA–R04–OAR–2015– Docket: All documents in the rulemaking action by EPA will occur only after the SIP revision has been 0247,’’ Air Regulatory Management electronic docket are listed in the adopted by the state and submitted Section (formerly Regulatory www.regulations.gov index. Although formally to EPA for incorporation into Development Section), Air Planning and listed in the index, some information the SIP. Implementation Branch, Air, Pesticides may not be publicly available, i.e., CBI or other information whose disclosure is On June 1, 2015, the State of and Toxics Management Division, U.S. Mississippi, through MDEQ, submitted Environmental Protection Agency, restricted by statute. Certain other material, such as copyrighted material, a formal letter request for parallel Region 4, 61 Forsyth Street SW., processing of a draft SIP revision that Atlanta, Georgia 30303–8960. is not placed on the Internet and will be publicly available only in hard copy the State had already taken through 5. Hand Delivery or Courier: Lynorae public comment. The letter also Benjamin, Chief, Air Regulatory form. Publicly available docket materials are available either contains a schedule for final adoption of Management Section (formerly the draft SIP revision. MDEQ requested Regulatory Development Section), Air electronically in www.regulations.gov or in hard copy at the Air Regulatory parallel processing so that EPA could Planning and Implementation Branch, begin to take action on its draft SIP Air, Pesticides and Toxics Management Management Section, Air Planning and Implementation Branch, Air, Pesticides revision in advance of the State’s Division, U.S. Environmental Protection submission of the final SIP revision. As Agency, Region 4, 61 Forsyth Street and Toxics Management Division, U.S. Environmental Protection Agency, stated above, the final rulemaking action SW., Atlanta, Georgia 30303–8960. Such by EPA will occur only after the SIP deliveries are only accepted during the Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA revision has been: (1) Adopted by Regional Office’s normal hours of Mississippi, (2) submitted formally to operation. The Regional Office’s official requests that if at all possible, you contact the person listed in the FOR EPA for incorporation into the SIP; and hours of business are Monday through (3) evaluated by EPA, including any Friday, 8:30 a.m. to 4:30 p.m., excluding FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional changes made by the State after the June Federal holidays. 1, 2015, draft was submitted to EPA. Instructions: Direct your comments to Office’s official hours of business are Docket ID No. EPA–R04–OAR–2015– Monday through Friday, 8:30 a.m. to II. Background 0247. EPA’s policy is that all comments 4:30 p.m., excluding Federal holidays. On March 12, 2008, EPA promulgated received will be included in the public FOR FURTHER INFORMATION CONTACT: a revised 8-hour ozone NAAQS of 0.075 docket without change and may be Tiereny Bell, Air Regulatory parts per million (ppm). See 73 FR made available online at Management Section, Air Planning and 16436 (March 27, 2008). Under EPA’s www.regulations.gov, including any Implementation Branch, Air, Pesticides regulations at 40 CFR part 50, the 2008 personal information provided, unless and Toxics Management Division, U.S. 8-hour ozone NAAQS is attained when the comment includes information Environmental Protection Agency, the 3-year average of the annual fourth- claimed to be Confidential Business Region 4, 61 Forsyth Street SW., highest daily maximum 8-hour average Information (CBI) or other information Atlanta, Georgia 30303–8960. Ms. Bell ambient air quality ozone whose disclosure is restricted by statute. can be reached at (404) 562–9088 and concentrations is less than or equal to Do not submit through via electronic mail at bell.tiereny@ 0.075 ppm. See 40 CFR 50.15. Ambient www.regulations.gov or email, epa.gov. air quality monitoring data for the 3- information that you consider to be CBI SUPPLEMENTARY INFORMATION: year period must meet a data or otherwise protected. The completeness requirement. The ambient www.regulations.gov Web site is an I. What is parallel processing? air quality monitoring data ‘‘anonymous access’’ system, which Consistent with EPA regulations completeness requirement is met when means EPA will not know your identity found at 40 CFR part 51, appendix V, the average percent of days with valid or contact information unless you section 2.3.1, for purposes of expediting ambient monitoring data is greater than provide it in the body of your comment. review of a SIP submittal, parallel 90 percent, and no single year has less If you send an email comment directly processing allows a state to submit a than 75 percent data completeness as to EPA without going through plan to EPA prior to actual adoption by determined in appendix I of part 50. www.regulations.gov, your email the state. Generally, the state submits a Upon promulgation of a new or address will be automatically captured copy of the proposed regulation or other revised NAAQS, the CAA requires EPA and included as part of the comment revisions to EPA before conducting its to designate as nonattainment any area that is placed in the public docket and public hearing. EPA reviews this that is violating the NAAQS, based on made available on the Internet. If you proposed state action, and prepares a the three most recent years of ambient submit an electronic comment, EPA notice of proposed rulemaking. EPA’s air quality data at the conclusion of the recommends that you include your notice of proposed rulemaking is designation process. The Memphis, TN- name and other contact information in published in the Federal Register MS-AR Area was designated the body of your comment and with any during the same time frame that the nonattainment for the 2008 8-hour

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ozone NAAQS on April 30, 2012 statement is due three years from the certifying the statement. EPA has (effective July 20, 2012) using 2008– area’s nonattainment designation, and determined that this regulation meets all 2010 ambient air quality data. See 77 FR subsequent statements are due at least of the requirements of CAA section 30088 (May 21, 2012). At the time of annually thereafter. 182(a)(3)(B) for the Mississippi portion designation, the Memphis, TN-MS-AR On June 1, 2015, Mississippi of the Area because it covers the portion Area was classified as a marginal submitted a draft SIP revision, for of DeSoto County within the Area and nonattainment area for the 2008 8-hour parallel processing, containing an satisfies the applicability, certification, ozone NAAQS. On March 6, 2015, EPA emissions statements requirement and other emissions statements criteria finalized a rule entitled related to its portion of the Memphis, contained therein. ‘‘Implementation of the 2008 National TN-MS-AR Area.3 EPA is now Ambient Air Quality Standards for proposing to approve this draft SIP IV. Incorporation by Reference Ozone: State Implementation Plan revision as meeting the requirements of In this proposed rule, EPA is Requirements’’ (SIP Requirements Rule) section 182(a)(3)(B) of the CAA. More proposing to finalize regulatory text that that establishes the requirements that information on EPA’s analysis of includes incorporation by reference. In state, tribal, and local air quality Mississippi’s draft SIP revision is accordance with requirements of 1 CFR management agencies must meet as they provided below. 51.5, EPA is proposing to finalize the develop implementation plans for areas III. Analysis of State’s Submittal incorporate by reference of 11 MAC, where air quality exceeds the 2008 8- Part 2, Chapter 11 entitled ‘‘Regulations hour ozone NAAQS.1 See 80 FR 12264. Mississippi’s June 1, 2015, draft for Ambient Air Quality Non- This rule establishes nonattainment area submission seeks to include 11 Attainment Areas.’’ EPA has made, and attainment dates based on Table 1 of Mississippi Administrative Code will continue to make, these documents section 181(a) of the CAA, including an (MAC), Part 2, Chapter 11, ‘‘Regulations generally available electronically for Ambient Air Quality Non- attainment date three years after the July through www.regulations.gov and/or in Attainment Areas,’’ into its SIP to meet 20, 2012, effective date, for areas hard copy at the Region 4 EPA office the emissions statements requirement of classified as marginal for the 2008 8- (see the ADDRESSES section of this the CAA section 182(a)(3)(B).4 This new hour ozone NAAQS. Therefore, the preamble for more information). attainment date for the Memphis, TN- state regulation addresses the emissions MS-AR Area is July 20, 2015. statements requirement and is V. Proposed Action applicable to sources in the portion of Based on the nonattainment EPA is proposing to approve the draft DeSoto County, Mississippi, that is designation, Mississippi is required to SIP revision submitted by Mississippi develop a nonattainment SIP revision located within the Area. The June 1, 2015, draft SIP submittal adds Rule on June 1, 2015, to incorporate 11 MAC, addressing certain CAA requirements. Part 2, Chapter 11, ‘‘Regulations for Specifically, pursuant to CAA section 11.1—General, which states the purpose of the regulation; Rule 11.2— Ambient Air Quality Non-Attainment 182(a)(3)(B), Mississippi is required to Areas,’’ into its SIP to meet the section submit a SIP revision addressing Definitions, which defines Commission, Department, NAAQS, Nonattainment 182(a)(3)(B) emissions statements emissions statements requirements. requirement for the Mississippi portion Ground level ozone is not emitted Area and Emissions Statement; and Rule of the Memphis, TN-MS-AR Area. EPA directly into the air, but is created by 11.3—Emissions Statement, which: (1) has preliminarily concluded that the chemical reactions between oxides of Applies to all stationary sources of NOX State’s submission meets the nitrogen (NO ) and volatile organic or VOCs which have the potential to X requirements of sections 110 and 182 of compounds (VOC) in the presence of emit 25 tons or more of either pollutant the CAA. sunlight. Emissions from industrial per calendar year and are located in facilities and electric utilities, motor areas designated as nonattainment for VI. Statutory and Executive Order vehicle exhaust, gasoline vapors, and the 2008 ozone NAAQS; (2) requires Reviews chemical solvents are some of the major owners and operators of those stationary Under the CAA, the Administrator is sources of NOX and VOC. Section sources of NOX and VOC to provide a 182(a)(3)(B) of the CAA requires each statement showing the actual emissions required to approve a SIP submission that complies with the provisions of the state with ozone nonattainment areas to of NOX and VOCs from that source; and submit a SIP revision requiring annual (3) requires that emissions statements be Act and applicable federal regulations. emissions statements to be submitted to submitted to MDEQ by July 1 of every See 42 U.S.C. 7410(k); 40 CFR 52.02(a). the state by the owner or operator of year, showing actual emissions of the Thus, in reviewing SIP submissions, 2 EPA’s role is to approve state choices, each NOX or VOC stationary source previous calendar year and containing a located within a nonattainment area certification that the information provided that they meet the criteria of the CAA. Accordingly, this action showing the actual emissions of NOX contained in the statement is accurate to and VOC from that source. The first the best knowledge of the individual merely approves state law as meeting federal requirements and does not 1 The SIP Requirements Rule addresses a range of 3 Mississippi originally submitted a rule to impose additional requirements beyond nonattainment area SIP requirements for the 2008 address the 2008 8-hour ozone standard in a those imposed by state law. For that ozone NAAQS, including requirements pertaining January 14, 2015, SIP revision. However, the State reason, this action: to attainment demonstrations, reasonable further subsequently revised its rule to more fully address • progress (RFP), reasonably available control the requirements of section 182(a)(3)(B) and Is not a significant regulatory action technology, reasonably available control measures, submitted the draft revised rule to EPA in a June subject to review by the Office of major new source review, emission inventories, and 1, 2015, draft SIP submission for parallel Management and Budget under the timing of SIP submissions and of compliance processing. The June 1, 2015, draft SIP submission Executive Orders 12866 (58 FR 51735, with emission control measures in the SIP. The rule supersedes the January 14, 2015, submission. also revokes the 1997 ozone NAAQS and 4 This regulation conforms to the new October 4, 1993) and 13563 (76 FR 3821, establishes anti-backsliding requirements. nomenclature for Mississippi’s state regulations January 21, 2011); 2 A state may waive the emissions statements pursuant to the State’s recently amended • Does not impose an information requirement for any class or category of stationary Administrative Procedures Act. Mississippi has not collection burden under the provisions sources which emit less than 25 tons per year of provided EPA with a SIP revision to renumber the VOCs or NOX if the state meets the requirements state regulations currently incorporated into the of the Paperwork Reduction Act (44 of section 182(a)(3)(B)(ii). SIP. U.S.C. 3501 et seq.);

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• Is certified as not having a FEDERAL COMMUNICATIONS available for inspection and copying significant economic impact on a COMMISSION during normal business hours in the substantial number of small entities FCC Reference Center (Room CY–A257), under the Regulatory Flexibility Act (5 47 CFR Part 11 445 12th Street SW., Washington, DC U.S.C. 601 et seq.); [PS Docket No. 15–94; FCC 15–77] 20554. The full text may also be downloaded at: www.fcc.gov. • Does not contain any unfunded mandate or significantly or uniquely Amendment of the Commission’s Synopsis of the NPRM Rules Regarding the Emergency Alert affect small governments, as described System 1. In the NPRM, the Federal in the Unfunded Mandates Reform Act Communications Commission (FCC or of 1995 (Pub. L. 104–4); AGENCY: Federal Communications Commission) proposes to revise the • Does not have Federalism Commission. Emergency Alert System (EAS) rules, as implications as specified in Executive ACTION: Notice of proposed rulemaking. set forth in a letter and subsequent Order 13132 (64 FR 43255, August 10, comments filed by the National Weather SUMMARY: In this document, the Federal 1999); Service (NWS) of the National Oceanic Communications Commission (FCC or and Atmospheric Administration • Is not an economically significant Commission) seeks comment on (NOAA). Specifically, NWS requests regulatory action based on health or proposed changes to its rules governing that the Commission add three new EAS safety risks subject to Executive Order the Emergency Alert System (EAS) to event codes, covering extreme wind and 13045 (62 FR 19885, April 23, 1997); incorporate three new event codes into storm surges, as well as revise the • Is not a significant regulatory action and revise two geographic location territorial boundaries of the geographic subject to Executive Order 13211 (66 FR codes identified in the EAS rules. location codes for two offshore marine 28355, May 22, 2001); DATES: Comments are due on or before areas listed in the EAS rules as location • September 9, 2015 and reply comments codes 75 and 77. The Commission Is not subject to requirements of are due on or before September 24, agrees with NWS that targeted, specific Section 12(d) of the National 2015. warnings ‘‘will help the public and Technology Transfer and Advancement emergency officials better respond to ADDRESSES: You may submit comments, Act of 1995 (15 U.S.C. 272 note) because local threat(s).’’ application of those requirements would identified by EB Docket No. 04–296 by be inconsistent with the CAA; and any of the following methods: I. Background • Federal eRulemaking Portal: http:// • Does not provide EPA with the 2. The EAS is a national public www.regulations.gov. Follow the warning system through which discretionary authority to address, as instructions for submitting comments. broadcasters, cable systems, and other appropriate, disproportionate human • Federal Communications service providers (EAS Participants) health or environmental effects, using Commission’s Web site: http:// deliver alerts to the public to warn them practicable and legally permissible www.fcc.gov/cgb/ecfs/. Follow the of impending emergencies and dangers methods, under Executive Order 12898 instructions for submitting comments. • to life and property. The primary (59 FR 7629, February 16, 1994). Mail: Filings can be sent by hand or purpose of the EAS is to provide the In addition, the SIP is not approved messenger delivery, by commercial President with ‘‘the capability to to apply on any Indian reservation land overnight courier, or by first-class or provide immediate communications and overnight U.S. Postal Service mail or in any other area where EPA or an information to the general public at the (although the Commission continues to Indian tribe has demonstrated that a national, state and local levels during experience delays in receiving U.S. periods of national emergency.’’ The tribe has jurisdiction. In those areas of Postal Service mail). All filings must be Indian country, the proposed rule does EAS also is used by state and local addressed to the Commission’s governments, as well as NWS, to not have tribal implications as specified Secretary, Office of the Secretary, by Executive Order 13175 (65 FR 67249, distribute alerts. According to NWS, Federal Communications Commission. about 90 percent of all EAS activations November 9, 2000), nor will it impose • People with Disabilities: Contact the are generated by NWS and relate to substantial direct costs on tribal Commission to request reasonable short-term weather events. The governments or preempt tribal law. accommodations (accessible format Commission, the Federal Emergency List of Subjects in 40 CFR Part 52 documents, sign language interpreters, Management Agency (FEMA), and the CART, etc.) by email: [email protected] NWS implement the EAS at the federal Environmental protection, Air or phone: 202–418–0530 or TTY: 202– level. The EAS is a broadcast-based, pollution control, Incorporation by 418–0432. For detailed instructions for hierarchical alert message distribution reference, Intergovernmental relations, submitting comments and additional system through which an alert message Nitrogen dioxide, Ozone, Reporting and information on the rulemaking process, originator at the local, state or national recordkeeping requirements, Volatile see the SUPPLEMENTARY INFORMATION level encodes (or arranges to have organic compounds. section of this document. encoded) a message in the EAS Protocol, FOR FURTHER INFORMATION CONTACT: Lisa Authority: 42 U.S.C. 7401 et seq. which provides basic information about Fowlkes, Deputy Bureau Chief, Public the emergency involved. The message is Dated: July 30, 2015. Safety and Homeland Security Bureau, then broadcast by one or more EAS Heather McTeer Toney, at (202) 418–7452, or by email at Participants and subsequently relayed Regional Administrator, Region 4. [email protected]. from one station to another until all [FR Doc. 2015–19589 Filed 8–7–15; 8:45 am] SUPPLEMENTARY INFORMATION: This is a affected EAS Participants have received summary of the Commission’s Notice of the alert and delivered it to the public. BILLING CODE 6560–50–P Proposed Rulemaking (NPRM) in PS This process of EAS alert distribution Docket No. 15–94, FCC 15–77, adopted among EAS Participants is often referred on July 8, 2015, and released on July 10, as the ‘‘daisy chain’’ distribution 2015. The full text of this document is architecture.

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3. The EAS Protocol utilizes fixed Watch’’ (SSA) and ‘‘ The Commission thus tentatively codes to identify various aspects of the Warning’’ (SSW). NWS indicates that concludes that the event codes NWS alert. Of particular relevance to this the ‘‘Storm Surge Watch/Warning will proposes could promote public safety by NPRM, the EAS Protocol utilizes a be issued when there is a significant risk saving lives and reducing the potential three-character ‘‘event code’’ to describe of life-threatening inundation from for injuries and damage to property. The the nature of the alert (e.g., ‘‘TOR’’ rising water moving inland from the Commission seeks comment on this signifies ). The EAS Protocol ocean.’’ In the event of a storm surge, a tentative conclusion. identifies ‘‘National’’ event codes, such watch (SSA) would be issued 48 hours 8. On a more granular level, the as the EAN and National Periodic Test in advance of the event taking place and Commission seeks comment on whether (NPT), which EAS Participants use as a warning (SSW) would be issued 36 the addition of the EWW, SSA, and part of required Presidential alerts and hours in advance of the event, and will SSW event codes would promote the tests, and ‘‘State and Local’’ event help to mitigate damage from storm public interest by enabling the public to codes, such as TOR, which EAS surge, the leading cause of death in deal more effectively with emergency Participants use when they deliver tropical cyclones. situations, and, if so, how the specificity weather and other voluntary alerts. In 6. In support of its request, NWS added by use of the codes would assist addition, the EAS Protocol utilizes six- notes that it currently does not the public in these regards. The digit numerical location codes to explicitly issue warnings for storm Commission observes that the NWS identify the geographic area(s) to which surge, notwithstanding that the National previously documented the confusion the alert applies, two digits of which, Hurricane Center (NHC) has vigorously associated with using the TOR event the ‘‘SS’’ codes, indicate the state, advocated for a storm surge watch and code for non- in its Service territory, or, in this case, the offshore storm surge warning for a number of Assessment of the response to Hurricane marine area to which the alert applies. years. The NWS explains that, according Katrina. According to the Service Unlike the state and territory geographic to the NHC, ‘‘storm surge losses in the Assessment, use of the TOR event code location codes, which are based on the hundreds or thousands of lives have for events other than tornados also can American National Standards Institute occurred in every coastal state from lead to inconsistent or incorrect advice. (ANSI) standard, the codes assigned to Texas to South Carolina, and in some The standard advice associated with the the offshore marine areas were created states north of there.’’ NWS explains TOR event code directs people to take by the NWS and adopted by the that ‘‘[w]hile the threatening winds of a shelter in ‘‘an interior room of the Commission in 2002 at NWS’s request. hurricane are important, most deaths lowest floor’’ of a building, but during from tropical cyclones result from storm , the TOR warnings II. Discussion surge.’’ NWS further explains that were issued for counties at risk for A. Proposed EAS Event Codes ‘‘current Hurricane Watch/Warning storm surge flooding. Local alerts does not provide clear or sufficient originating in Miami describing the 4. NWS requests that the Commission information to allow citizens to potential flooding hazard directed add a new ‘‘Extreme Wind Warning’’ determine if they are threatened by people ‘‘to go to the highest floor of a (EWW) event code to provide the public wind or storm surge or both.’’ NWS building.’’ The Commission seeks with advance notice of the onset of notes that issuing storm surge watch/ comment on whether the addition of extreme sustained surface winds warning conditions is supported by both these weather-related event codes will (greater than or equal to 115 miles per the NHC and FEMA, and that storm address the potential for confusion or hour) associated with a major land- surge warnings are utilized by the incorrect guidance that might otherwise falling hurricane (category 3 or higher). government meteorological services of result from the continued use of the NWS explains that use of the ‘‘Tornado other nations, such as Environment TOR event code. Warning’’ (TOR) event code, then the Canada, and that use of such warnings 9. The Commission also seeks only available code to warn of high has been advocated by the World comment regarding the extent to which winds, caused confusion when used to Meteorological Organization for member these new event codes will help warn of ’s high winds nations. Accordingly, the NWS requests promote safety of life and property. in 2004. NWS states that although it that the Commission revise its EAS With respect to Hurricane Katrina, for started using the EWW code during the rules to add Storm Surge Watch and example, NWS states that ‘‘[a]t least 2007 hurricane season, EAS Participants Warning codes so that the NWS may [1,500] people lost their lives during are ‘‘reluctant to add and relay the new offer these alerts to the public. Katrina, and many of those deaths [e]vent [c]ode via the EAS, fearing FCC 7. The Commission proposes adding occurred because of storm surge, either adverse action without addition of the both the extreme wind warning and directly or indirectly.’’ In addition, new EWW Event Code to the Part 11.’’ storm surge event codes to section NWS states that ‘‘Katrina also caused According to NWS, no other existing 11.31(e) of the Commission’s rules, thus well over $100 billion in damage from EAS event code is adequate or authorizing their use by EAS its surge and winds.’’ The Commission acceptable to activate the EAS for an Participants. The Commission believes also notes that a recent analysis of data extreme wind warning. Although that extreme wind and storm surge from Atlantic tropical cyclones section 11.31 of the rules contains other events pose significant dangers to occurring from 1963–2012 indicates that codes regarding hurricanes (i.e., HUW human health and property, dangers 49 percent of all deaths directly for Hurricane Warning, HUA for that the Commission’s current EAS rules attributable to those events were caused Hurricane Watch, HLS for Hurricane are not designed to prevent. The by storm surge. Further, storm surge Statement), those codes apply generally Commission observes that not revising damage is not limited to coastal areas. to the hurricane event itself, and are not the EAS rules to allow the NWS to warn According to NHC data, for example, the specifically tailored to warn of extreme the public of these events risks storm surge (measured as water height sustained surface winds associated with unnecessary harm to the public, a risk above normal astronomical tide level) a (Category 3) hurricane. inconsistent with the Commission’s experienced in New York State during 5. NWS also requests that the statutory mandate of ‘‘promoting the Hurricane Sandy reached 9.4 feet in the Commission add two new event codes safety of life and property through the Battery on the southern tip of covering storm surges: ‘‘Storm Surge use of wire and radio communication.’’ Manhattan, and caused (with some

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contribution from rainfall) significant 11. The Commission notes that Sage management community and the flooding in parts of the Hudson River observes that one of its EAS device maritime commerce community, Valley as far north as Albany (located models in the field can no longer particularly when tropical storm and approximately 130 miles from support software updates and, therefore, hurricane watches and warnings are Manhattan). Moreover, data suggests presumably cannot be updated with the issued for southern Florida. NWS notes that storm surges may become more proposed event codes. The Commission that it has checked with several EAS severe over time. The National Center seeks comment on how this might affect encoder/decoder manufacturers, and for Atmospheric Research indicates that the adoption of these additional event was informed that the cost and time to an increase to the global average codes and to what extent this device make the requested change would be temperature would result in model is being used by EAS nominal. ‘‘increasingly dramatic storm surges Participants. How do the costs 14. The Commission proposes that, combined with higher water levels, associated with implementing these revising section 11.31 of its rules to [would] increase risk of damage to event codes compare with the benefit adopt the definitional changes for coastal infrastructure, society, and that might result from their location codes 75 and 77. As indicated economies.’’ The Commission believes implementation? above, location codes 75 and 77 were that the addition of EWW, SSA and 12. Finally, the Commission seeks added as location codes in 2002 SSW to the event codes in section comment generally on whether it should pursuant to a request by NWS, and this 11.31(e) of the rules would serve the make any other changes to the event proposed rule change amounts to a public interest by providing more codes currently set forth in the EAS modification of a location definition specific information regarding the Protocol. Are the event codes proposed created and primarily used by the NWS. emergency event. The Commission by NWS the right event codes? Is there The Commission observes that, like all seeks comment on this analysis. The a better way to address the issues the Offshore (Marine Areas) location Commission observes that NWS identified by NWS than these proposed codes, location codes 75 and 77 are used indicates that broadcasters, emergency changes? with the (SMW) event code, among others, and management offices and federal B. Proposed Geographic Location Code thus are vital to maintaining the agencies support the need to establish Revisions specific EAS warning alerts for these efficiency of marine operations and 13. NWS requests that the conditions, and invites these entities in safety of vessels and their crews. The Commission revise the areas defined in particular to submit their updated views Commission also observes that NWS has the geographic location codes identified on these issues. indicated that it is already applying the in section 11.31(f) of the EAS rules as revised definitions for location codes 75 10. The Commission also seeks location codes 75 and 77, which cover and 77 in the field, which suggests a comment on the costs for implementing offshore marine areas. These location potential for confusion among EAS the proposed event codes. NWS states codes, and their defined areas, like all Participants, the emergency that the additional costs associated with of the Offshore (Marine Areas) location management community and the the addition of these new event codes codes contained in the EAS Protocol, maritime commerce community in a will be minimal and can generally be were originally adopted in 2002 major hurricane corridor of the United added through a firmware and/or pursuant to a request by NWS. States if the definitions for these software update. Several EAS Currently, the marine area defined for location codes currently identified in equipment manufacturers confirm location code 75 covers ‘‘Western North section 11.31(f) are not harmonized with NWS’s contentions. Trilithic Inc. Atlantic Ocean, and along U.S. East NWS’s usage. The Commission also (Trilithic), for example, states that, for Coast, south of Currituck Beach Light, proposes revising footnote 1 of section its two EAS encoder/decoder models N.C., following the coastline into Gulf of 11.31 to delete the reference to a past currently deployed in the field, the Mexico to Bonita Beach, FL, including deadline and to clarify that the numbers event codes can be added through a the Caribbean,’’ while location code 77 assigned to the offshore marine areas software update, adding that ‘‘[t]he covers ‘‘Gulf of Mexico, and along the listed in the table of geographic areas in modifications are minimal and there U.S. Gulf Coast from the Mexican border section 11.31(f), while consistent with would be no cost passed onto our to Bonita Beach, FL.’’ NWS indicates the format of the state and territory customers.’’ Monroe Electronics, Inc. that it has changed the end point it uses location codes derived from the ANSI (Monroe), states that the event codes for generating weather alerts for both of standard, are not a product of that could be implemented in its EAS device these areas from Bonita Beach, FL, to standard, but rather were assigned by models through a software update, Ocean Reef, FL, and, accordingly, the NWS. ‘‘downloaded by users from Monroe’s requests that the area covered by 15. With respect to cost secure site, and applied to each EAS location code 75 be changed to considerations, NWS states that it has device by the user, with basic ‘‘Western North Atlantic Ocean, and checked with several EAS encoder/ instructions provided by Monroe or its along U.S. East Coast, south of Currituck decoder manufacturers, and was Digital Alert Systems subsidiary.’’ Beach Light, NC, following the coastline informed that the cost and time to make Similarly, Sage Alerting Systems, Inc. to Ocean Reef, FL, including the the requested change would be nominal. (Sage), states that end users could Caribbean,’’ and that the area covered by Recent submissions by EAS equipment implement the proposed event codes by location code 77 be changed to ‘‘Gulf of manufacturers suggest that the costs to downloading a settings file. The Mexico, and along the U.S. Gulf Coast EAS Participants for implementing Commission tentatively concludes that from the Mexican border to Ocean Reef, these changes in their EAS equipment— the costs for implementing the proposed FL.’’ According to the NWS, allowing like the event codes discussed in the event codes will be nominal to the EAS rules to contain definitions for previous section—are likely to be de manufacturers and either nominal or the two offshore location codes that are minimis. For example, Sage states that non-existent for EAS participants. The inconsistent with the definitions that end users could implement the Commission seeks comment on this NWS has implemented for issuing its proposed event codes discussed above, tentative conclusion and the costs for alerts may cause confusion for as well as the revised offshore location individual EAS Participants. broadcasters, the emergency definitions by downloading a settings

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file and firmware update, respectively, the capability of updating their EAS Advocacy of the Small Business the entire implementation process of equipment and of delivering alerts using Administration (SBA). In addition, the which would take ‘‘10 minute[s] or these new codes to the public, such that NPRM and IRFA (or summaries thereof) less.’’ Similarly, Monroe states that the the alert is successfully distributed will be published in the Federal location codes can be added to its throughout the EAS distribution relay Register. equipment via a software update, as chain? To ensure that all relevant alerts Need for, and Objectives of, the does Trilithic, which adds that such are received by their intended Proposed Rules update would be available at no charge. audiences, would it be helpful if, for an 16. The Commission seeks comment interim transitional period, NWS issued 19. In this NPRM, the Commission on its proposal to revise the geographic any alert that uses one of the new event proposes to add three new Emergency descriptions for location codes 75 and codes concurrent with an alert that uses Alert System (EAS) Event Codes, 77, as requested by NWS. Is such action the current event code? Would this help covering extreme wind (‘‘Extreme Wind necessary to prevent or ameliorate ensure that all EAS alerts reach their Warning’’) and storm surges (‘‘Storm potential confusion among broadcasters, intended audience until the new codes Surge Watch’’ and ‘‘Storm Surge the emergency management community are fully integrated into EAS Warning’’), and proposes to revise the and the maritime commerce community architecture? Would it be reasonable to territorial boundaries of geographic that might otherwise exist if the current expect that all EAS Participants would location codes 75 and 77 used by the descriptions for these location codes in voluntarily integrate the new codes EAS. These proposed rule revisions section 11.31(f) were left unchanged and within their systems no later than one would seek to improve the capacity of continued to diverge from present usage year from the effective date of any such the EAS to warn the public of by NWS? Would the proposed rules, such that one year would provide impending threats to life and property, amendments to location codes 75 and an adequate transition period for NWS and ensure that the geographic 77 enhance the efficiency of marine to issue concurrent alerts? definitions of location codes 75 and 77 operations and safety of vessels and The Commission believes that utilized by the EAS are harmonized their crews, and otherwise benefit the enabling these codes in this timeframe with those employed by the NWS. public? With respect to costs, the will not unduly burden EAS Legal Basis Commission seeks comment on whether Participants or EAS equipment the costs of implementing these manufacturers. The Commission notes 20. Authority for the actions proposed proposed revisions to the location codes that the record indicates that most EAS in this NPRM may be found in sections would be de minimis, as EAS device models already are capable of 1, 2, 4(i), 4(o), 301, 303(r), 303(v), 307, equipment manufacturers suggest. Are processing these codes, or can be made 309, 335, 403, 624(g),706, and 715 of the there any EAS device models deployed to do so with minor software Communications Act of 1934, as by EAS Participants located in coastal modifications. Further, as the amended, 47 U.S.C. 151, 152, 154(i), geographic areas, in particular, that Commission has clarified previously, 154(o), 301, 303(r), 303(v), 307, 309, could not be updated to reflect these modifications to authorized EAS 335, 403, 544(g), 606, and 615. revisions? equipment that are necessary to Description and Estimate of the Number C. Implementation Schedule implement revisions to the EAS event of Small Entities to Which Rules Will codes and location codes may be 17. The Commission believes that the Apply implemented as Class I permissive prompt deployment of alerts using these 21. The RFA directs agencies to new codes is consistent with the safety changes that do not require prior provide a description of and, where of the public in affected areas. The authorization to be implemented. feasible, an estimate of, the number of Commission realizes that in order to Accordingly, the Commission suggests small entities that may be affected by ensure the full distribution to an that the implementation schedule the rules adopted herein. The RFA affected community of an alert that uses proposed herein would afford a generally defines the term ‘‘small one of these new codes, all EAS reasonable period of time and would not entity’’ as having the same meaning as participants in the EAS distribution present any undue burden. The the terms ‘‘small business,’’ ‘‘small relay chain for that community must Commission seeks comment on this organization,’’ and ‘‘small governmental have equipment that is programmed to conclusion. jurisdiction.’’ In addition, the term receive and process the new codes. III. Procedural Matters ‘‘small business’’ has the same meaning Accordingly, the Commission proposes as the term ‘‘small business concern’’ that EAS equipment manufacturers A. Initial Regulatory Flexibility Analysis under the Small Business Act. A ‘‘small integrate these codes into equipment yet 18. As required by the Regulatory business concern’’ is one which: (1) Is to be manufactured or sold, and make Flexibility Act of 1980, as amended independently owned and operated; (2) necessary software upgrades available to (RFA), the Commission has prepared is not dominant in its field of operation; EAS Participants no later than six this Initial Regulatory Flexibility and (3) satisfies any additional criteria months from the effective date of any Analysis (IRFA) of the possible established by the Small Business rules adopted as a result of this notice. significant economic impact on a Administration (SBA). Below is a The Commission also would encourage substantial number of small entities of description and estimate the number of State Emergency Coordination the policies and rules proposed in the small entity licensees that may be Committees (SECCs) to update their Notice of Proposed Rulemaking (NPRM). affected by the adopted rules. state and local EAS plans and to take The Commission requests written public 22. Small Businesses, Small any other steps necessary to ensure the comments on this IRFA. Comments Organizations, and Small Governmental smooth implementation of these new must be identified as responses to the Jurisdictions. The Commission’s action codes within their states (e.g., by IRFA and must be filed by the deadlines may, over time, affect small entities that encouraging key sources which relay for comments on the NPRM provided in are not easily categorized at present. EAS messages to obtain the upgrades section IV of that item. The Commission The Commission therefore describe promptly). Would these measures help will send a copy of the NPRM, including here, at the outset, three comprehensive, ensure that all EAS Participants have this IRFA, to the Chief Counsel for statutory small entity size standards.

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First, nationwide, there are a total of broadcast licensees would apply to low do not include or aggregate revenues approximately 28.2 million small power FM (‘‘LPFM’’) stations. The SBA from affiliated companies. businesses, according to the SBA. As of defines a radio broadcast station as a 28. In addition, an element of the 2011, small businesses comprise 99.7 small business if such station has no definition of ‘‘small business’’ is that the percent of all employer firms in the US. more than $38.5 million in annual entity not be dominant in its field of In addition, a ‘‘small organization’’ is receipts. Currently, there are operation. The Commission is unable at generally ‘‘any not-for-profit enterprise approximately 864 licensed LPFM this time and in this context to define which is independently owned and stations. Given the nature of these or quantify the criteria that would operated and is not dominant in its services, the Commission will presume establish whether a specific television field.’’ Nationwide, as of 2007, there that all of these licensees qualify as station is dominant in its market of were approximately 1,621,315 small small entities under the SBA definition. operation. Accordingly, the foregoing organizations. Finally, the term ‘‘small 25. Television Broadcasting. The SBA estimate of small businesses to which governmental jurisdiction’’ is defined defines a television broadcasting station the rules may apply does not exclude generally as ‘‘governments of cities, that has no more than $38.5 million in any television stations from the towns, townships, villages, school annual receipts as a small business. definition of a small business on this districts, or special districts, with a Business concerns included in this basis and is therefore over-inclusive to population of less than fifty thousand.’’ industry are those primarily engaged in that extent. An additional element of the Census Bureau data for 2011 indicate broadcasting images together with definition of ‘‘small business’’ is that the that there were 89,476 local sound. These establishments operate entity must be independently owned governmental jurisdictions in the television broadcasting studios and and operated. It is difficult at times to United States. The Commission facilities for the programming and assess these criteria in the context of estimates that, of this total, as many as transmission of programs to the public. media entities, and the Commission’s 88,506 entities may qualify as ‘‘small These establishments also produce or estimates of small businesses to which governmental jurisdictions.’’ Thus, the transmit visual programming to they apply may be over-inclusive to this Commission estimates that most affiliated broadcast television stations, extent. governmental jurisdictions are small. which in turn broadcast the programs to 29. Cable and Other Subscription 23. Radio Stations. This Economic the public on a predetermined schedule. Programming. This industry comprises Census category comprises Programming may originate in the establishments primarily engaged in establishments primarily engaged in station’s own studio, from an affiliated operating studios and facilities for the broadcasting aural programs by radio to network, or from an external source. broadcasting of programs on a the public. Programming may originate 26. According to Commission staff subscription or fee basis. The broadcast in the station’s own studio, from an review of the BIA Financial Network, programming is typically narrowcast in affiliated network, or from an external Inc. Media Access Pro Television nature (e.g., limited format, such as source. The SBA defines a radio Database as of March 31, 2013, about 90 news, sports, education, or youth- broadcasting entity that has $38.5 percent of an estimated 1,385 oriented). These establishments produce million or less in annual receipts as a commercial television stations in the programming in their own facilities or small business. According to United States have revenues of $38.5 acquire programming from external Commission staff review of the BIA million or less. Based on this data and sources. The programming material is Kelsey Inc. Media Access Radio the associated size standard, the usually delivered to a third party, such Analyzer Database as of June 5, 2013, Commission concludes that the majority as cable systems or direct-to-home about 90 percent of the 11,340 of of such establishments are small. The satellite systems, for transmission to commercial radio stations in the United Commission has estimated the number viewers. The SBA size standard for this States have revenues of $38.5 million or of licensed noncommercial educational industry establishes as small any less. Therefore, the majority of such (‘‘NCE’’) stations to be 396. The company in this category which entities are small entities. The Commission does not have revenue receives annual receipts of $38.5 million Commission has estimated the number estimates for NCE stations. These or less. Based on U.S. Census data for of licensed noncommercial radio stations rely primarily on grants and 2007, in that year 659 establishments stations to be 3,917. The Commission do contributions for their operations, so the operated for the entire year. Of that 659, not have revenue data or revenue Commission will assume that all of 197 operated with annual receipts of estimates for these stations. These these entities qualify as small $10 million a year or more. The stations rely primarily on grants and businesses. In addition, there are remaining 462 establishments operated contributions for their operations, so the approximately 567 licensed Class A with annual receipts of less than $10 Commission will assume that all of stations, 2,227 licensed low-power million. Based on this data, the these entities qualify as small television (‘‘LPTV’’) stations, and 4,518 Commission estimates that the majority businesses. The Commission note that licensed TV translators. Given the of establishments operating in this in assessing whether a business entity nature of these services, the industry are small. qualifies as small under the above Commission will presume that all LPTV 30. Cable System Operators (Rate definition, business control affiliations licensees qualify as small entities under Regulation Standard). The Commission must be included. In addition, to be the above SBA small business size has also developed its own small determined to be a ‘‘small business,’’ the standard. business size standards for the purpose entity may not be dominant in its field 27. The Commission notes that in of cable rate regulation. Under the of operation. The Commission notes that assessing whether a business entity Commission’s rules, a ‘‘small cable it is difficult at times to assess these qualifies as small under the above company’’ is one serving 400,000 or criteria in the context of media entities, definition, business control affiliations fewer subscribers nationwide. Industry and the Commission’s estimate of small must be included. The Commission data shows that there were 1,141 cable businesses may therefore be over- estimate, therefore, likely overstates the companies at the end of June 2012. Of inclusive. number of small entities affected by the this total, all but 10 incumbent cable 24. Low-Power FM Stations. The same proposed rules, because the revenue companies are small under this size SBA definition that applies to radio figures on which this estimate is based standard. In addition, under the

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Commission’s rate regulation rules, a entities that might be affected by the considered small entities. In addition to ‘‘small system’’ is a cable system serving Commission’s action. Census data, the Commission’s internal 15,000 or fewer subscribers. Current 33. Other Telecommunications. This records indicate that as of September Commission records show 4,945 cable category includes ‘‘establishments 2014, there are 2,207 active EBS systems nationwide. Of this total, 4,380 primarily engaged in . . . providing licenses. The Commission estimates that cable systems have less than 20,000 satellite terminal stations and associated of these 2,207 licenses, the majority are subscribers, and 565 systems have facilities operationally connected with held by non-profit educational 20,000 subscribers or more, based on the one or more terrestrial communications institutions and school districts, which same records. Thus, under this systems and capable of transmitting are by statute defined as small standard, the Commission estimates that telecommunications to or receiving businesses. most cable systems are small. telecommunications from satellite 35. Broadband Radio Service. 31. Cable System Operators (Telecom systems.’’ The SBA definition of Other Broadband Radio Service (‘‘BRS’’) Act Standard). The Communications Telecommunications entities comprises systems, also referred to as Multipoint Act of 1934, as amended, also contains those that have $32.5 million or less in Distribution Service (‘‘MDS’’) and a size standard for small cable system average annual receipts. For this Multichannel Multipoint Distribution operators, which is ‘‘a cable operator category, Census Bureau data for 2007 Service (‘‘MMDS’’) systems, and that, directly or through an affiliate, show that there were a total of 2,383 ‘‘wireless cable,’’ transmit video serves in the aggregate fewer than 1 firms that operated for the entire year. programming to subscribers and provide percent of all subscribers in the United Of this total, 2,346 firms had annual two-way high speed data operations receipts of under $25 million and 37 States and is not affiliated with any using the microwave frequencies of the firms had annual receipts of $25 million entity or entities whose gross annual BRS and Educational Broadband Service to $49,999,999. Consequently, the revenues in the aggregate exceed (‘‘EBS’’). In connection with the 1996 Commission estimates that the majority $250,000,000.’’ There are approximately BRS auction, the Commission of Other Telecommunications firms are 56.4 million incumbent cable video established a ‘‘small business’’ as an small entities that might be affected by subscribers in the United States today. entity that had annual average gross The Commission has determined that an our action. 34. The Educational Broadcasting revenues of no more than $40 million in operator serving fewer than 677,000 Services. In addition, the SBA’s the previous three years. The BRS subscribers shall be deemed a small placement of Cable Television auctions resulted in 67 successful operator, if its annual revenues, when Distribution Services in the category of bidders obtaining licensing combined with the total annual Wired Telecommunications Carriers is opportunities for 493 Basic Trading revenues of all its affiliates, do not applicable to cable-based Educational Areas (‘‘BTAs’’). Of the 67 auction exceed $250 million in the aggregate. Broadcasting Services. Since 2007, these winners, 61 met the definition of a small Industry data indicate that, of 1,076 services have been defined within the business. BRS also includes licensees of cable operators nationwide, all but ten broad economic census category of stations authorized prior to the auction. are small under this size standard. The Wired Telecommunications Carriers, At this time, the Commission estimates Commission notes that the FCC neither which was developed for small wireline that of the 61 small business BRS requests nor collects information on businesses. This category is defined as auction winners, 48 remain small whether cable system operators are follows: ‘‘This industry comprises business licensees. In addition to the 48 affiliated with entities whose gross establishments primarily engaged in small businesses that hold BTA annual revenues exceed $250 million. operating and/or providing access to authorizations, there are approximately Although it seems certain that some of transmission facilities and infrastructure 392 incumbent BRS licensees that are these cable system operators are that they own and/or lease for the considered small entities. After adding affiliated with entities whose gross transmission of voice, data, text, sound, the number of small business auction annual revenues exceed $250,000,000, and video using wired licensees to the number of incumbent the Commission is unable at this time to telecommunications networks. licensees not already counted, the estimate with greater precision the Transmission facilities may be based on Commission finds that there are number of cable system operators that a single technology or a combination of currently approximately 440 BRS would qualify as small cable operators technologies. Establishments in this licensees that are defined as small under the definition in the industry use the wired businesses under either the SBA or the Communications Act. telecommunications network facilities Commission’s rules. In 2009, the 32. Satellite Telecommunications. that they operate to provide a variety of Commission conducted Auction 86, The Commission has not developed a services, such as wired telephony which resulted in the licensing of 78 small business size standard specifically services, including VoIP services; wired authorizations in the BRS areas. The for providers of satellite service. The (cable) audio and video programming Commission offered three levels of SBA definition of small Satellite distribution; and wired broadband bidding credits: (i) A bidder with Telecommunications entities comprises Internet services.’’ The SBA has attributed average annual gross revenues those that have $32.5 million or less in developed a small business size that exceed $15 million and do not average annual receipts. For this standard for this category, which is: All exceed $40 million for the preceding category, Census Bureau data for 2007 such businesses having 1,500 or fewer three years (small business) will receive show that there were a total of 512 employees. Census data for 2007 shows a 15 percent discount on its winning satellite communications firms that that there were 31,996 establishments bid; (ii) a bidder with attributed average operated for the entire year. Of this that operated that year. Of this total, annual gross revenues that exceed $3 total, 464 firms had annual receipts of 30,178 establishments had fewer than million and do not exceed $15 million under $10 million, and 18 firms had 100 employees, and 1,818 for the preceding three years (very small receipts of $10 million to $24,999,999. establishments had 100 or more business) will receive a 25 percent Consequently, the Commission employees. Therefore, under this size discount on its winning bid; and (iii) a estimates that the majority of Satellite standard, the Commission estimates that bidder with attributed average annual Telecommunications firms are small the majority of businesses can be gross revenues that do not exceed $3

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million for the preceding three years small business alternatives that it has presentation (unless a different deadline (entrepreneur) will receive a 35 percent considered in reaching its proposed applicable to the Sunshine period discount on its winning bid. Auction 86 approach, which may include the applies). Persons making oral ex parte concluded in 2009 with the sale of 61 following four alternatives (among presentations are reminded that licenses. Of the ten winning bidders, others): ‘‘(1) the establishment of memoranda summarizing the two bidders that claimed small business differing compliance or reporting presentation must: (1) List all persons status won four licenses; one bidder that requirements or timetables that take into attending or otherwise participating in claimed very small business status won account the resources available to small the meeting at which the ex parte three licenses; and two bidders that entities; (2) the clarification, presentation was made; and (2) claimed entrepreneur status won six consolidation, or simplification of summarize all data presented and licenses. compliance or reporting requirements arguments made during the 36. Direct Broadcast Satellite (‘‘DBS’’) under the rule for small entities; (3) the presentation. If the presentation Service. DBS service is a nationally use of performance, rather than design, consisted in whole or in part of the distributed subscription service that standards; and (4) and exemption from presentation of data or arguments delivers video and audio programming coverage of the rule, or any part thereof, already reflected in the presenter’s via satellite to a small parabolic ‘‘dish’’ for small entities.’’ written comments, memoranda, or other antenna at the subscriber’s location. 39. The rule changes contemplated by filings in the proceeding, the presenter DBS, by exception, is now included in the NPRM would implement certain may provide citations to such data or the SBA’s broad economic census EAS warning codes and location code arguments in his or her prior comments, category, Wired Telecommunications definitional changes that are unique, memoranda, or other filings (specifying Carriers, which was developed for small and implemented by small entity and the relevant page and/or paragraph wireline businesses. Under this larger-sized regulated entities on a numbers where such data or arguments category, the SBA deems a wireline voluntary basis. Thus, the NPRM does can be found) in lieu of summarizing business to be small if it has 1,500 or not propose mandated burdens on them in the memorandum. Documents fewer employees. Census data for 2007 regulated entities of any size. Moreover, shown or given to Commission staff shows that there were 31,996 the costs associated with voluntarily during ex parte meetings are deemed to establishments that operated that year. implementing the codes contained in be written ex parte presentations and Of this total, 30,178 establishments had the proposed rule changes are expected must be filed consistent with rule fewer than 100 employees, and 1,818 to be de minimis or non-existent. 1.1206(b). In proceedings governed by establishments had 100 or more Commenters are invited to propose rule 1.49(f) or for which the employees. Therefore, under this size steps that the Commission may take to Commission has made available a standard, the majority of such further minimize any significant method of electronic filing, written ex businesses can be considered small. economic impact on small entities. parte presentations and memoranda However, the data the Commission has When considering proposals made by summarizing oral ex parte available as a basis for estimating the other parties, commenters are invited to presentations, and all attachments number of such small entities were propose significant alternatives that thereto, must be filed through the gathered under a superseded SBA small serve the goals of these proposals. electronic comment filing system business size standard formerly titled Federal Rules That May Duplicate, available for that proceeding, and must ‘‘Cable and Other Program be filed in their native format (e.g., .doc, Distribution.’’ The definition of Cable Overlap, or Conflict With the Proposed Rules .xml, .ppt, searchable .pdf). Participants and Other Program Distribution in this proceeding should familiarize provided that a small entity is one with 40. None. themselves with the Commission’s ex $12.5 million or less in annual receipts. B. Paperwork Reduction Act Analysis parte rules. Currently, only two entities provide DBS service, which requires a great 41. This document contains no D. Comment Filing Procedures investment of capital for operation: proposed new or modified information collection requirements. Accordingly, 43. Pursuant to sections 1.415 and DIRECTV and DISH Network. Each 1.419 of the Commission’s rules, 47 CFR currently offers subscription services. the Commission does not need to seek comment from the general public and 1.415, 1.419, interested parties may file DIRECTV and DISH Network each comments and reply comments on or report annual revenues that are in OMB on any information collection requirements contained in this before the dates indicated on the first excess of the threshold for a small page of this document. Comments may business. Because DBS service requires document, as required by PRA, nor does the Commission seek specific comment be filed using the Commission’s significant capital, the Commission Electronic Comment Filing System believes it is unlikely that a small entity on how it might ‘‘further reduce the information collection burden for small (ECFS). See Electronic Filing of as defined by the SBA would have the Documents in Rulemaking Proceedings, financial wherewithal to become a DBS business concerns with fewer than 25 employees,’’ pursuant to the Small 63 FR 24121 (1998). service provider. • Business Paperwork Relief Act of 2002. Electronic Filers: Comments may be Description of Projected Reporting, filed electronically using the Internet by Recordkeeping, and Other Compliance C. Ex Parte Presentations accessing the ECFS: http:// Requirements 42. The proceeding this document fjallfoss.fcc.gov/ecfs2/. 37. None. initiates shall be treated as ‘‘permit-but- • Paper Filers: Parties that choose to disclose’’ proceedings in accordance file by paper must file an original and Steps Taken To Minimize the with the Commission’s ex parte rules. one copy of each filing. If more than one Significant Economic Impact on Small Persons making ex parte presentations docket or rulemaking number appears in Entities, and Significant Alternatives must file a copy of any written the caption of this proceeding, filers Considered presentation or a memorandum must submit two additional copies for 38. The RFA requires an agency to summarizing any oral presentation each additional docket or rulemaking describe any significant, specifically within two business days after the number.

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Filings can be sent by hand or Regulatory Flexibility Analysis (IRFA) Rulemaking on or before September 9, messenger delivery, by commercial of the possible significant economic 2015, and interested parties may file overnight courier, or by first-class or impact on small entities of the policies reply comments on or before September overnight U.S. Postal Service mail. All and rules addressed in this document. 24, 2015. filings must be addressed to the Written public comments are requested List of Subjects in 47 CFR Part 11 Commission’s Secretary, Office of the in the IRFA. These comments must be Secretary, Federal Communications filed in accordance with the same filing Radio, Television, Emergency Commission. deadlines as comments filed in response alerting. • All hand-delivered or messenger- to this document, as set forth on the first Federal Communications Commission. delivered paper filings for the page of this document, and have a Marlene H. Dortch, Commission’s Secretary must be separate and distinct heading Secretary. delivered to FCC Headquarters at 445 designating them as responses to the 12th St. SW., Room TW–A325, IRFA. For the reasons discussed in the Washington, DC 20554. The filing hours preamble, the Federal Communications are 8:00 a.m. to 7:00 p.m. All hand IV. Ordering Clauses Commission proposes to amend 47 CFR deliveries must be held together with 46. Accordingly, it is ordered that part 11 to read as follows: rubber bands or fasteners. Any pursuant to sections 1, 2, 4(i), 4(o), 301, envelopes and boxes must be disposed 303(r), 303(v), 307, 309, 335, 403, PART 11—EMERGENCY ALERT of before entering the building. 624(g), 706, and 715 of the SYSTEM (EAS) • Commercial overnight mail (other Communications Act of 1934, as ■ than U.S. Postal Service Express Mail amended, 47 U.S.C. 151, 152, 154(i), 1. The authority citation for part 11 and Priority Mail) must be sent to 9300 154(o), 301, 303(r), 303(v), 307, 309, continues to read as follows: East Hampton Drive, Capitol Heights, 335, 403, 544(g), 606, and 615, this Authority: 47 U.S.C. 151, 154 (i) and (o), MD 20743. Notice of Proposed Rulemaking is 303(r), 544(g) and 606. • U.S. Postal Service first-class, adopted. ■ 2. Amend § 11.31 by: Express, and Priority mail must be 47. It is further ordered that the ■ addressed to 445 12th Street SW., a. In the table in paragraph (e), adding Washington DC 20554. Commission’s Consumer and entries in alphabetical order under 44. People with Disabilities: To Governmental Affairs Bureau, Reference ‘‘State and Local Codes (Optional)’’ for request materials in accessible formats Information Center, shall send a copy of ‘‘Extreme Wind Warning’’, ‘‘Storm for people with disabilities (braille, this Notice of Proposed Rulemaking Surge Watch’’, and ‘‘Storm Surge large print, electronic files, audio including the Regulatory Flexibility Warning’’; and format), send an email to [email protected] Analysis, to the Chief Counsel for ■ b. In the table in paragraph (f), or call the Consumer & Governmental Advocacy of the Small Business revising the entries for ANSI Nos. 75 Affairs Bureau at 202–418–0530 (voice), Administration. and 77 and the footnote to the table. 202–418–0432 (tty). 48. It is further ordered that pursuant The additions and revisions read as to applicable procedures set forth in follows: E. Regulatory Flexibility Analysis sections 1.415 and 1.419 of the 45. As required by the Regulatory Commission’s rules, 47 CFR 1.415, § 11.31 EAS protocol. Flexibility Act of 1980, see 5 U.S.C. 604, 1.419, interested parties may file * * * * * the Commission has prepared an Initial comments on this Notice of Proposed (e) * * *

Nature of activation Event codes

National Codes (Required):

******* State and Local Codes (Optional):

******* Extreme Wind Warning ...... EWW.

******* Storm Surge Watch ...... SSA. Storm Surge Warning ...... SSW.

*******

* * * * * (f) ** *

ANSI No.

******* State:

******* Offshore (Marine Areas) 1:

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ANSI No.

******* Western North Atlantic Ocean, and along U.S. East Coast, south of Currituck Beach Light, NC, following the coastline to 75 Ocean Reef, FL, including the Caribbean. Gulf of Mexico, and along the U.S. Gulf Coast from the Mexican border to Ocean Reef, FL ...... 77

******* 1 The numbers assigned to the offshore marine areas listed in this table are not described under the ANSI standard, but rather are numeric codes that were assigned by NWS.

[FR Doc. 2015–18089 Filed 8–7–15; 8:45 am] BILLING CODE 6712–01–P

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Notices Federal Register Vol. 80, No. 153

Monday, August 10, 2015

This section of the FEDERAL REGISTER Background: The NGRAC was Nominations are open to all contains documents other than rules or established in March 1992 under individuals without regard to race, proposed rules that are applicable to the Section 1634 of the Food, Agriculture, color, religion, sex, national origin, age, public. Notices of hearings and investigations, Conservation, and Trade Act of 1990 mental or physical handicap, marital committee meetings, agency decisions and status, or sexual orientation. To ensure rulings, delegations of authority, filing of (P.L. 101–624). The NGRAC was re- petitions and applications and agency established in 2012 as a permanent the recommendations of the Advisory statements of organization and functions are subcommittee of the NAREEE Advisory Board take into account the needs of the examples of documents appearing in this Board to formulate recommendations on diverse groups served by the section. actions and policies for the collection, Department, membership shall include, maintenance, and utilization of genetic to the extent practicable, individuals resources; to make recommendations for with demonstrated ability to represent DEPARTMENT OF AGRICULTURE coordination of genetic resources plans all racial and ethnic groups, of several domestic and international geographical areas, women and men, Office of the Secretary organizations; and to advise the and persons with disabilities. Federally registered lobbyists may not serve on an Notice of Solicitation of Members to Secretary of Agriculture and the advisory board or committee in an the National Genetic Research National Genetic Resources Program individual capacity. Members cannot Advisory Council (NGRP) Director of new and innovative approaches to genetic resources serve on more than one USDA Federal AGENCY: Research, Education, and conservation. Advisory Committee simultaneously. Appointments to the National Genetic Economics, USDA. Request for Nominations: The terms ACTION: Solicitation of members. Research Advisory Council will be of 5 members of the NGRAC will expire made by the Secretary of Agriculture. SUMMARY: In accordance with the Food, on September 30, 2015. NGRAC is required to have two-thirds of the Done at Washington, DC, this 4th day of Agriculture, Conservation, and Trade August 2015. Act of 1990 (7 U.S.C.A. 5843), the appointed members from scientific Ann Bartuska, United States Department of Agriculture disciplines relevant to the NGRP announces the solicitation for including agricultural sciences, Deputy Under Secretary, Research, Education, and Economics. nominations to fill five vacancies on the environmental sciences, natural National Genetic Resources Advisory resource sciences, health sciences, and [FR Doc. 2015–19573 Filed 8–7–15; 8:45 am] Council (NGRAC), a subcommittee of nutritional sciences; and one-third of BILLING CODE 3410–03–P the National Agricultural Research, the appointed members from the general Extension, Education, and Economics public including leaders in fields of (NAREEE) Advisory Board. public policy, trade, international DEPARTMENT OF COMMERCE DATES: The deadline for nominations is development, law, or management. The Foreign-Trade Zones Board [Order No. August 28, 2015. 5 positions being filled are to be 1980] ADDRESSES: The nominee’s name, composed of 3 scientific members and resume, completed Form AD–755, and 2 general public members. Nominations Expanded Production Authority Not any letters of nomination or support are for a 2-year appointment, effective Approved; Foreign-Trade Zone 169; must be submitted via one of the October 1, 2015. All nominees will be ASO, LLC; Subzone 169A; (Textile following methods: carefully reviewed for their expertise, Fabric Adhesive Bandage Coating and (1) Email to [email protected]; or leadership, and relevance. Production); Sarasota, Florida (2) By mail delivery service to REE How to Submit Nominations: Any Advisory Board Office, U.S. Department interested person or organization may Pursuant to its authority under the Foreign- of Agriculture, 1400 Independence nominate qualified individuals for Trade Zones Act of June 18, 1934, as Avenue SW., Room 332A, Jamie L. appointment to the NGRAC. Individuals amended (19 U.S.C. 81a–81u), the Foreign- Whitten Building, Washington, DC may also self-nominate. Nominations Trade Zones Board (the Board) adopts the 20250. can be submitted electronically or by following Order: FOR FURTHER INFORMATION CONTACT: mail (see ADDRESSES section above). Whereas, ASO, LLC (ASO), operator Michele Esch, Executive Director, REE Each nominee must submit a of Subzone 169A, has requested certain Advisory Board Office, U.S. Department nomination letter addressed to the expanded production authority for the of Agriculture, 1400 Independence Secretary of Agriculture, form AD–755 coating and production of textile fabric Avenue SW., Jamie L. Whitten Building, ‘‘Advisory Committee Background adhesive bandages, within Subzone Room 332A, Washington, DC 20250– Information,’’ and their resume or 169A, at the ASO facility in Sarasota, 0321; telephone: 202–720–3684; fax: Curriculum Vitae. Nomination letters Florida, (B–24–2013, docketed 03–19– 202–720–6199; or email: Michele.esch@ should indicate whether the applicant is 2013). ars.usda.gov. Information specific to the applying as a scientific member or a Whereas, notice inviting public NGRAC can be found at http://www.ars- general public member. The application comment has been given in the Federal grin.gov/ngrac/. General information form and more information about Register (78 FR 18314, 03–26–2013 regarding the NAREEE Advisory Board advisory committees can be found at (initial application); 79 FR 17133, 03– can be found at http:// www.usda.gov/advisory_ 27–2014 (new evidence); 79 FR 32910, nareeeab.ree.usda.gov/. committees.xml. All nominees will be 06–09–2014 (new evidence)) and the SUPPLEMENTARY INFORMATION: vetted before selection. application has been processed

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pursuant to the FTZ Act and the Board’s able to choose the duty rate during motors/cylinders/actuators; diaphragm regulations; and, customs entry procedures that applies to pumps; air compressors; air dryers; Whereas, the Board adopts the pneumatic and electric cylinders and membrane dryer service kit; air/water/ findings and recommendations of the drives, valve manifolds, and electronic gas filters and cartridges; filter gaskets; examiner’s report, and finds that the control systems (duty rates ranges from humidifiers; inlet units; vacuum units; requirements of the FTZ Act and the free to 2.7%) for the foreign status solenoid blocks; clean air restrictors; Board’s regulations have not been components noted below. Customs purifying equipment; air manifold satisfied (i.e., the applicant has not met duties also could possibly be deferred or assemblies; filling/closing/sealing/ the burden of proof to demonstrate that reduced on foreign status production labeling/capsuling machines; its proposal would result in a net equipment. lubricators; airgun nozzle/oiler bowls; positive economic effect and significant The components sourced from abroad data storage units; printed circuits; public benefit); include: Light oils/hydrocarbon handling modules; grippers; valves Now, therefore, the Board hereby does mixtures; greases; aluminum oxides; (pressure-reducing, hydraulic/ not approve the application requesting petroleum lubricants; adhesives; pastes; pneumatic, check, ball, solenoid, expanded production authority under epoxies; Loctite; Scotch Weld; regular, ballcocks, angle, inline, gate, zone procedures within Subzone 169A Thermaglue; Araldite; simson; heat hand) and related parts; ball/needle/ at the facility of ASO, LLC, located in transfer pastes; polymer adhesives; housed/plain shaft bearings and related Sarasota, Florida, as described in the polyacetals; acrylic and plastic rods/ cups, bushings, discs, spacers, housings; application and Federal Register notice. sticks/profiles shapes; plastic pipes/ camshafts; crankshafts; transmission Signed at Washington, DC, this 31st day of hoses (and with fittings)/tubes/sleeves/ shafts; gears; gear racks; gear boxes; ball July 2015. couplings/ plugs/adapters/unions/ screws; pulleys; free wheel units; axles Ronald K. Lorentzen, connectors/connection sets; plastic kits; clamping sleeves; coupling Acting Assistant Secretary of Commerce for adhesive tape/foil/strip/labels/stickers/ housings; drive shafts; motor flanges; Enforcement and Compliance, Alternate films/sheets/covers/boxes/packaging/ pinions; metal gaskets; synchronous Chairman, Foreign-Trade Zones Board. bins/lids/cases/containers/bags/sacks/ electric motors; AC/DC motors and [FR Doc. 2015–19603 Filed 8–7–15; 8:45 am] caps/covers/ handles/knobs/o-rings/ related parts; electrical transformers; BILLING CODE 3510–DS–P washers/belts/fasteners; polyvinyl power supplies; permanent magnets; chloride plates/sheets/film/foil/strip; electromagnetic couplings/lifting heads/ rubber rods/tubes/profiles/strips/sheets/ work holders and related parts; DEPARTMENT OF COMMERCE plates/pipes/hoses/hose sets/conveyor clutches; brakes; lithium batteries; Foreign-Trade Zones Board belts/gaskets/seals/o-rings/stops/rings/ voltage regulators; cassettes; software on discs/plugs; cases; plywood; paperboard compacts disks; memory/smart cards; [B–47–2015] cartons/boxes/cases/containers; paper electrical items (resistors, capacitors, tape/labels/stickers/manuals/printed motor starters, controllers, circuit Foreign-Trade Zone (FTZ) 46— materials/posters; felt (HTSUS breakers, terminals, starters, overload Cincinnati, Ohio; Notification of Subheading 5602.21); transmission/ protectors, splices, connectors, Proposed Production Activity, Festo conveyor belts; glass containers; switches, fuses, relays, switches, plug Corporation (Pneumatic/Electric stainless steel strips/coils/bars/rods; sockets, terminal strips/sockets, cat5 Cylinders and Drives, Valve Manifolds, steel tubes/pipes/profiles/bars/rods/ couplers, boxes, bridges, grounding sets, Electronic Control Systems), Mason, pipe fittings/sleeves/elbows/unions/ manifolds, modules, multipoles); motor Ohio bends/rings/grommets/gaskets/ controllers; motor controls; interfaces; Festo Corporation (Festo), an operator connectors/couplings/adapters/ bus nodes; control blocks; operating of FTZ 46, submitted a notification of bushings/nipples/elbows/plugs/ units; sensor boxes; PLC boards; printed proposed production activity to the FTZ ferrules/flanges/bellows/inserts/glands/ circuit board assemblies; flat electrical Board for its facility located in Mason, containers/grills/netting/fencing/stops/ modules and related covers, housings, Ohio. The notification conforming to the caps/dowels/pins/leaf springs/plug frames; electric modules (analogue, requirements of the regulations of the seals/ring seals/straps/extensions; steel branch, flat, input, output, extension); FTZ Board (15 CFR 400.22) was fasteners (screws, cotters and pins, mercury vapor lamps; diodes; light received on July 22, 2015. washers, spacers, rivets, bolts, studs, emitting diodes; electronic simulators; The Festo facility is located within nuts, inserts); copper nipples/couplings/ demonstration kits; ethernet cables; Site 9 of FTZ 46. The facility is used for unions/sleeves/banjos/plugs/adapters/ electric cables; connecting lines; the production of pneumatic and pillars/wires/bushings; copper fasteners insulated wires; wiring harnesses; electronic cylinders and drives, valve (rivets, cotters, cotter pins, nuts, bolts, electrical conductors; fiber optic cables; manifolds, and electronic control screws, plug screws); aluminum- conduit tubing; insulating fittings; systems used for industrial automation aluminum alloy profiles/strips/sheets/ insulating fittings; prisms; mirrors; applications. Pursuant to 15 CFR plates/tubes/unions/adapters/flanges/ lenses; liquid crystal devices; lasers; 400.14(b), FTZ authority would be banjos/containers for liquefied or optical appliances/instruments; disc limited to the specific foreign-status compressed gases/couplings/bushings/ calculators; slide rules; micrometers; components and specific finished couplings/spacers/washers/rings/ calipers; gauges; rulers/tape measures; products described in the submitted sleeves/supports/gaskets/brackets/ measuring devices and related parts; notification (as described below) and mountings/connectors/fittings/branch demonstration instruments; barometers; subsequently authorized by the FTZ modules/ring pieces/sub-bases); thermometers; flow meters; sensors; Board. aluminum fasteners (screws, rivets, pressure gauges/transmitters; Production under FTZ procedures pins, nuts; nickel fittings); castors; oscilloscopes/graphs; optical could exempt Festo from customs duty latches; adjustor knobs; rails; handles; instruments; testing devices; payments on the foreign status base metal hoses/pipes/tubes/bellows/ temposonics; pneumatic industrial components used in export production. unions; identification plates; hydraulic process control instruments; and, time On its domestic sales, Festo would be engines and motors; pneumatic engines/ delay inserts (duty rate ranges from free

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to 20%). Inputs included in textile Dated: August 4, 2015. Site 12 (0.44 acres, sunset 6/30/2016)— category 414 (classified within HTSUS Elizabeth Whiteman, Asimex Miami Forwarding, LLC, 8000 subheading 5602.21) will be admitted to Acting Executive Secretary. NW. 29th Street #118 and 8006 NW. the zone under domestic (duty-paid) [FR Doc. 2015–19605 Filed 8–7–15; 8:45 am] 29th Street #119, Miami; Site 13 (18.07 status (19 CFR 146.43(a)(2)) or BILLING CODE 3510–DS–P acres, sunset 9/30/2016)—CEVA Freight privileged foreign status (19 CFR LLC, 5601 NW. 72nd Avenue, Miami; 146.41), thereby precluding inverted Site 14 (3.91 acres, sunset 9/30/2016)— tariff benefits on such items. DEPARTMENT OF COMMERCE TVA Automotive Inc., 2180 NW. 89th Public comment is invited from Place, Doral; Site 15 (4 acres, sunset 9/ interested parties. Submissions shall be Foreign-Trade Zones Board 30/2016)—Dufry America Services Inc., addressed to the FTZ Board’s Executive [B–50–2015] 10300 NW. 19th Street, Suite 114, Secretary at the address below. The Miami; Site 16 (4.98 acres, sunset 9/30/ closing period for their receipt is Foreign-Trade Zone 281—Miami, 2016)—Precision Trading Corp., 15800 September 21, 2015. Florida; Application for Expansion NW. 48th Avenue, Miami Gardens; Site A copy of the notification will be (New Magnet Site) Under Alternative 17 (4 acres, sunset 11/30/2016)— available for public inspection at the Site Framework Interport Logistics LLC, 12950 NW. 25th Office of the Executive Secretary, Street, Miami; Site 18 (2.26 acres, sunset An application has been submitted to Foreign-Trade Zones Board, Room 11/30/2016)—CE North America LLC, the Foreign-Trade Zones (FTZ) Board 21013, U.S. Department of Commerce, 6950 NW. 77th Court, Miami; Site 19 (the Board) by Miami-Dade County, 1401 Constitution Avenue NW., (5.28 acres, sunset 12/31/2016)— grantee of Foreign-Trade Zone 281, Washington, DC 20230–0002, and in the Hellmann Worldwide Logistics Inc., requesting authority to expand its zone ‘‘Reading Room’’ section of the FTZ 10450 Doral Boulevard, Doral; Site 20 under the alternative site framework Board’s Web site, which is accessible (2.27 acres, sunset 1/31/2017)—Miami (ASF) adopted by the Board (15 CFR via www.trade.gov/ftz. International Freight Solutions, LLC, Sec. 400.2(c)) to include a new magnet For further information, contact Pierre 14100 NW. 60th Avenue, Miami Lakes; site in Miami, Florida. The application Duy at [email protected] or (202) Site 21 (1.004 acres, sunset 4/30/2017)— 482–1378. was submitted pursuant to the Foreign- Trade Zones Act, as amended (19 U.S.C. TVA Automotive Inc., 3515 NW. 113 Dated: August 4, 2015. 81a–81u), and the regulations of the Court, Doral; Site 22 (0.5094 acres, Elizabeth Whiteman, Board (15 CFR part 400). It was formally sunset 5/31/2017)—Expert Log LLC, Acting Executive Secretary. docketed on August 4, 2015. 10540 NW. 29 Terrace, Doral; Site 23 (7.34 acres, sunset 5/31/2017)— [FR Doc. 2015–19609 Filed 8–7–15; 8:45 am] FTZ 281 was established by the Board Schenker, Inc., 1800 NW. 133rd BILLING CODE 3510–DS–P under the alternative site framework on August 2, 2012 (Board Order 1844, 77 Avenue, Suite 100, Miami; Site 24 (1.19 FR 47816, 8/10/2012). The zone acres, sunset 5/31/2017)—Everwell DEPARTMENT OF COMMERCE currently has a service area that Parts, Inc., 10914 NW. 33rd Street, Suite includes the northern half of Miami- 100, Miami; Site 25 (1.716 acres, sunset Foreign-Trade Zones Board Dade County and consists of the 10/31/2017)—Exporther Bonded Corporation (d/b/a EBC Duty Free), 2323 [S–057–2015] following sites (three magnet and thirty- one usage-driven): Site 1 (520 acres)— NW. 72nd Avenue, Miami; Site 26 (0.15 Approval of Subzone Expansion; Dante B. Fascell Port of Miami, 1015 acres, 11/30/2017)—Marine Air Service Subzone 231A; Medline Industries, North America Way, Miami; Site 2 (423 Forwarding, 1970 NW. 129th Avenue, Inc.; Lathrop, California acres, sunset 8/2/2022)—Flagler Unit 104, Miami; Site 27 (2.3 acres, Logistics Hub, 6875 NW. 58th Street, sunset 11/30/2017)—Dependable On April 22, 2015, the Executive Miami; Site 3 (419 acres, sunset 8/2/ Warehousing & Distribution, 2900 NW. Secretary of the Foreign-Trade Zones 2017)—Flagler Station, 10505 NW. 75th Street, Miami; Site 28 (13.12 acres, (FTZ) Board docketed an application 112th Avenue, Miami; Site 4 (6 acres, sunset 3/31/2018)—Perez Trading submitted by the Port of Stockton, sunset 10/31/2015)—Warehouse Company, 11400 NW. 32nd Avenue, California, grantee of FTZ 231, Division of World Terminal and Miami; Site 29 (3.05 acres, sunset 3/31/ requesting to expand Subzone 231A Distributing Corporation, 2801 NW. 2018)—Perez Trading Company, 12300 subject to the existing activation limit of 74th Avenue, Miami; Site 5 (8 acres, NW. 32nd Avenue, Miami; Site 30 (2.16 FTZ 231, on behalf of Medline sunset 11/30/2015)—Duty Free Air and acres, sunset 4/30/2018)— Industries, in Lathrop, California. Ship Supply Co., 555 NE. 185th Street Neutralogistics, LLC, 8578 NW. 23rd The application was processed in and 320 NE. 187th Street, Miami; Site 6 Street, Miami; Site 32 (1.04 acres, sunset accordance with the FTZ Act and (0.29 acres, sunset 2/29/2016)— 4/30/2018)—Global Food Corp., 11450 Regulations, including notice in the Milenium Supply, Inc., 9920 NW. 21st NW. 122nd Street, Building A, Suite Federal Register inviting public Street, Miami; Site 7 (4 acres, sunset 4/ 400, Medley; Site 33 (1.828 acres, sunset comment (80 FR 23771, 04/29/2015). 30/2016)—Tire Group International Inc., 5/31/2018)—Floral Logistics of Miami, The FTZ staff examiner reviewed the 7500 NW. 35th Terrace, Miami; Site 8 Inc., 3400 NW. 74th Avenue, Miami; application and determined that it (16.52 acres, sunset 4/30/2016)—DHL Site 34 (7.68 acres, sunset 6/30/2018)— meets the criteria for approval. Pursuant Global Forwarding, Inc., 9350 NW. SDV USA Inc., 11250 NW. 122nd Street, to the authority delegated to the FTZ 108th Avenue, Miami; Site 9 (2.71 acres, Medley; and, Site 35 (0.204 acres, sunset Board’s Executive Secretary (15 CFR sunset 5/31/2016)—Supreme 6/30/2018)—Miansai, Inc., 1800 N Sec. 400.36(f)), the application to International LLC, 4875 NW. 77th Miami Avenue, Miami. expand Subzone 231A is approved, Avenue, Miami; Site 10 (1 acre, sunset The applicant is now requesting subject to the FTZ Act and the Board’s 5/31/2016)—International Cruise Duty authority to expand its zone to include regulations, including Section 400.13, Free Inc., 3511 NW. 113th Court, Doral; an additional magnet site: Proposed Site and further subject to FTZ 231’s 2,000- Site 11 (1 acre, sunset 5/31/2016)—GFX 31 (320 acres)—Beacon Lakes industrial acre activation limit. Inc., 4810 NW. 74th Avenue, Miami; park, 12200–12650 NW 25th Street,

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Miami. The proposed new site is Regulations, to China without obtaining Regulations in which Gromacki had an adjacent to the Miami Customs and the required approval from BIS. interest at the time of his conviction. Border Protection port of entry. Gromacki was sentenced to three B. Denial of Export Privileges of Related In accordance with the Board’s months of imprisonment, three years of Persons JEN Fibers LLC and regulations, Camille Evans of the FTZ supervised release, a $300 assessment, Performance Engineered Nonwovens, Staff is designated examiner to evaluate and a $5,000.00 criminal fine. LLC and analyze the facts and information Section 766.25 of the Export presented in the application and case Administration Regulations (‘‘EAR’’ or Pursuant to Sections 766.25(h) and record and to report findings and ‘‘Regulations’’) 1 provides, in pertinent 766.23 of the Regulations, the Director recommendations to the Board. part, that ‘‘[t]he Director of the Office of of BIS’s Office of Exporter Services, in Public comment is invited from Exporter Services, in consultation with consultation with the Director of BIS’s interested parties. Submissions shall be the Director of the Office of Export Office of Export Enforcement, may, in addressed to the Board’s Executive Enforcement, may deny the export order to prevent evasion of a denial Secretary at the address below. The privileges of any person who has been order, make a denial order applicable closing period for their receipt is convicted of a violation of the EAA, the not only to the respondent, but also to October 9, 2015. Rebuttal comments in EAR, of any order, license or other persons related to the respondent response to material submitted during authorization issued thereunder; any by ownership, control, position of the foregoing period may be submitted regulation, license, or order issued responsibility, affiliation, or other during the subsequent 15-day period to under the International Emergency connection in the conduct of trade or October 26, 2015. Economic Powers Act (50 U.S.C. 1701– business. A copy of the application will be 1706); 18 U.S.C. 793, 794 or 798; section As provided in Section 766.23 of the available for public inspection at the 4(b) of the Internal Security Act of 1950 Regulations, BIS gave notice to JEN Office of the Executive Secretary, (50 U.S.C. 783(b)), or section 38 of the Fibers, LLC (‘‘JEN Fibers’’) and Foreign-Trade Zones Board, Room Arms Export Control Act (22 U.S.C. Performance Engineered Nowovens, 21013, U.S. Department of Commerce, 2778).’’ 15 CFR 766.25(a); see also LLC (‘‘Performance Engineered’’) that its 1401 Constitution Avenue NW., Section 11(h) of the EAA, 50 U.S.C. app. export privileges under the Regulations Washington, DC 20230–0002, and in the 2410(h). The denial of export privileges could be denied for up to ten (10) years ‘‘Reading Room’’ section of the Board’s under this provision may be for a period due to its relationship with Gromacki Web site, which is accessible via of up to ten (10) years from the date of and that BIS believed that naming JEN Fibers and Performance Engineered as www.trade.gov/ftz. For further the conviction. 15 CFR 766.25(d); see persons related to Gromacki would be information, contact Camille Evans at also 50 U.S.C. app. 2410(h). In addition, necessary to prevent evasion of a denial [email protected] or (202) 482– Section 750.8 of the Regulations states order imposed against Gromacki. In 2350. that the Bureau of Industry and providing such notice, BIS gave JEN Security’s Office of Exporter Services Dated: August 4, 2015. Fibers and Performance Engineered an may revoke any Bureau of Industry and Elizabeth Whiteman, opportunity to oppose their addition to Security (‘‘BIS’’) licenses previously Acting Executive Secretary. the Gromacki Denial Order as related issued in which the person had an [FR Doc. 2015–19607 Filed 8–7–15; 8:45 am] parties. interest in at the time of his conviction. BILLING CODE 3510–DS–P Having received and reviewed a BIS received notice of Gromacki’s submission from Gromacki, I have conviction for violating the IEEPA, and decided, following consideration of that DEPARTMENT OF COMMERCE has provided notice and an opportunity submission and consultations with BIS’s for Gromacki to make a written Office of Export Enforcement, including Bureau of Industry and Security submission to BIS, as provided in its Director, to include name JEN Fibers Section 766.25 of the Regulations. BIS and Performance Engineered as Related In the Matter of: Peter Gromacki, 88 received a submission from Gromacki. Persons and make this Denial Order White Bridge Road, Middletown, NY Based upon my review and applicable to JEN Fibers and 10940; Respondent; JEN Fibers, LLC, consideration of that submission, and Performance Engineered, thereby 88 White Bridge Road, Middletown, NY consultations with BIS’s Office of denying their export privileges for ten 109400; Performance Engineered Export Enforcement, including its (10) years from the date of Gromacki’s Nonwovens, LLC, 88 White Bridge Director, and the facts available to BIS, conviction. I have also decided to Road, Middletown, NY 10940; Related I have decided to deny Gromacki’s revoke all licenses issued pursuant to Persons export privileges under the Regulations the Act or Regulations in which JEN for a period of ten (10) years from the Order Denying Export Privileges Fibers and Performance Engineered had date of Gromacki’s conviction. I have an interest at the time of Gromacki’s A. Denial of Export Privileges of Peter also decided to revoke all licenses conviction. The 10-year denial period is Gromacki issued pursuant to the Act or scheduled to end on November 26, On November 26, 2013, in the U.S. 2023. 1 The Regulations are currently codified in the District Court for the Southern District Code of Federal Regulations at 15 CFR parts 730– Gromacki is the owner of JEN Fibers of New York, Peter Gromacki 774 (2015). The Regulations are issued pursuant to and Performance Engineered and (‘‘Gromack’’), was convicted of violating the Export Administration Act of 1979 (50 U.S.C. operates both businesses from his home. the International Emergency Economic app. 2401–2420 (2000)) (‘‘the EAA’’ or ‘‘the Act’’). Therefore, JEN Fibers and Performance Since August 21, 2001, the EAA has been in lapse Powers Act (50 U.S.C. 1701, et seq. and the President, through Executive Order 13222 Engineered are related to Gromacki (2006 & Supp. IV 2010)) (‘‘IEEPA’’). of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), within the meaning of Section 766.23. Specifically, Gromacki unlawfully, which has been extended by successive Presidential BIS also has reason to believe that JEN willfully and knowingly exported, and Notices, the most recent being that of August 7, Fibers and Performance Engineered 2014 (79 FR 46959 (August 11, 2014)), has caused to be exported from the United continued the Regulations in effect under the should be added as a related persons in States T700 carbon fiber, an item subject International Emergency Economic Powers Act (50 order to prevent evasion of this Denial to the Export Administration U.S.C. 1701, et seq. (2006 & Supp. IV 2010)). Order.

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Accordingly, it is hereby ORDERED: Regulations with knowledge or reason DEPARTMENT OF COMMERCE First, from the date of this Order until to know that the item will be, or is November 26, 2023, Peter Gromacki, intended to be, exported from the International Trade Administration with a last known address of 88 White United States; or Bridge Road, Middletown, NY 10940, W.M. Keck Observatory, et al.; Notice E. Engage in any transaction to service and when acting for or on his behalf, his of Consolidated Decision on any item subject to the Regulations that successors, assigns, employees, agents, Applications for Duty-Free Entry of has been or will be exported from the or representatives, and JEN Fibers LLC Scientific Instruments United States and which is owned, and Performance Engineered possessed or controlled by a Denied This is a decision pursuant to Section Nonwovens, LLC, with a last known 6(c) of the Educational, Scientific, and address of 88 White Bridge Road, Person, or service any item, of whatever Cultural Materials Importation Act of Middletown, NY 10940, and when origin, that is owned, possessed or 1966 (Pub. L. 89–651, as amended by acting for or on their behalf, their controlled by a Denied Person, if such Pub. L. 106–36; 80 Stat. 897; 15 CFR successors, assigns, directors, officers, service involves the use of any item part 301). Related records can be viewed employees, agents, or representatives subject to the Regulations that has been or will be exported from the United between 8:30 a.m. and 5:00 p.m. in (each as ‘‘Denied Person’’ and Room 3720, U.S. Department of collectively the ‘‘Denied Persons’’) may States. For purposes of this paragraph, servicing means installation, Commerce, 14th and Constitution Ave. not, directly or indirectly, participate in NW., Washington, DC. any way in any transaction involving maintenance, repair, modification or testing. Comments: None received. Decision: any commodity, software or technology Approved. We know of no instruments (hereinafter collectively referred to as Third, in addition to the Related of equivalent scientific value to the ‘‘item’’) exported or to be exported from Person named above, after notice and foreign instruments described below, for the United States that is subject to the opportunity for comment as provided in such purposes as each is intended to be Regulations, or in any other activity section 766.23 of the Regulations, any used, that was being manufactured in subject to the Regulations, including but other individual, firm, corporation, or the United States at the time of its order. not limited to: other association or organization or Docket Number: 14–030. Applicant: A. Applying for, obtaining, or using other person related to a Denied Person W.M. Keck Observatory, Kamuela, HI any license, License Exception, or by ownership, control, position of 96743. Instrument: Next Generation export control document; responsibility, affiliation, or other Adaptive Optics (NGAO) Laser System. B. Carrying on negotiations connection in the conduct of trade or Manufacturer: Toptica Photonics AG, concerning, or ordering, buying, business may also be made subject to Germany. Intended Use: See notice at 80 receiving, using, selling, delivering, the provisions of this Order if necessary FR 31890, June 4, 2015. Comments: storing, disposing of, forwarding, to prevent evasion of this Order. None received. Decision: Approved. We transporting, financing, or otherwise Fourth, in accordance with Part 756 know of no instruments of equivalent servicing in any way, any transaction and Section 766.25(g) of the scientific value to the foreign involving any item exported or to be Regulations, Gromacki may file an instruments described below, for such exported from the United States that is appeal of the issuance of this Order purposes as this is intended to be used, subject to the Regulations, or in any against him with the Under Secretary of that was being manufactured in the other activity subject to the Regulations; Commerce for Industry and Security. United States at the time of order. or Reasons: The instrument will be used to C. Benefitting in any way from any The appeal must be filed within 45 days provide a high quality ‘‘artificial star’’ in transaction involving any item exported from the date of this Order and must the atmosphere to remove the image or to be exported from the United States comply with the provisions of Part 756 blurring caused by the atmosphere, as that is subject to the Regulations, or in of the Regulations. part of a Laser Guide Star Adaptive any other activity subject to the Fifth, in accordance with Part 756 and Optics System. The system uses a Regulations. Section 766.23(c) of the Regulations, Second, no person may, directly or JEN Fibers and Performance Engineered technique called Adaptive Optics that indirectly, do any of the following: may file an appeal of their naming as measures the turbulence in Earth’s A. Export or reexport to or on behalf related persons in this Order with the atmosphere that causes blurring or of a Denied Person any item subject to Under Secretary of Commerce for ‘‘twinkling’’ by ‘‘flexing’’ or ‘‘bending’’ the Regulations; Industry and Security. This appeal must a deformable mirror at speeds of B. Take any action that facilitates the be filed within 45 days from the date of hundreds of times per second. The acquisition or attempted acquisition by this Order and must comply with the instrument is used to excite sodium a Denied Person of the ownership, provisions of Part 756 of the atoms residing in the mesosphere above possession, or control of any item Regulations. the Earth’s surface creating an ‘‘artificial subject to the Regulations that has been star’’ for measuring the atmosphere’s Sixth, a copy of this Order shall be or will be exported from the United turbulence. The instrument uses a laser provided to Gromacki, JEN Fibers and States, including financing or other of a precise wavelength of 589nm Performance Engineered and shall be support activities related to a projected onto the sodium layer at 90km published in the Federal Register. transaction whereby a Denied Person in the atmosphere, for which the acquires or attempts to acquire such Seventh, this Order is effective stability, format and bandwidth are ownership, possession or control; immediately and shall remain in effect critical. The wavelength, amount of C. Take any action to acquire from or until November 26, 2023. power, and spectral content required to resonant atoms 90km in the atmosphere to facilitate the acquisition or attempted Issued this 23 day of July, 2015. acquisition from a Denied Person of any are not commonly used in the laser Karen H. Nies-Vogel, item subject to the Regulations that has industry. been exported from the United States; Director, Office of Exporter Services. Docket Number: 15–003. Applicant: D. Obtain from a Denied Person in the [FR Doc. 2015–19570 Filed 8–7–15; 8:45 am] University of California Santa Barbara, United States any item subject to the BILLING CODE P Santa Barbara, CA 93106–6105.

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Instrument: Cryo Positioning Stage High programmed oven which allows telephone: (202) 482–2778 and (202) Resonance. Manufacturer: Janssen temperatures of up to 500 Celsius. The 482–1293, respectively. Precision Engineering, the Netherlands. differential mass spectrometer serves to Scope of the Order Intended Use: See notice at 80 FR continuously control gas phase 31890, June 4, 2015. Comments: None compositions and is equipped with a The scope of the order consists of received. Decision: Approved. We know high-speed turbo molecular pump and certain pasta from Italy. The of no instruments of equivalent rotary forevacuum pump. Sampling merchandise subject to the order is scientific value to the foreign occurs with calibrated capillary at currently classifiable under items instruments described below, for such pressures controlled by ion gauges. The 1901.90.90.95 and 1902.19.20 of the purposes as this is intended to be used, Quantachrome system allows specific Harmonized Tariff Schedule of the that was being manufactured in the surface areas to be determined using United States (HTSUS). Although the United States at the time of order. non-selective probe molecule HTSUS subheadings are provided for Reasons: The instrument will be used to adsorption at cryogenic temperatures. convenience and customs purposes, the construct a variable temperature (4–300 written description of the merchandise Dated: August 4, 2015. subject to the order is dispositive. A full Kelvin) scanning probe microscope with Supriya Kumar, sub-nanometer stability, optical access description of the scope of the order is Acting Director, Subsidies Enforcement contained in the ‘‘Decision and microwave integration to measure Office, Enforcement and Compliance. nitrogen vacancy probes. There is no Memorandum for Preliminary Results of domestic instrument that combines six [FR Doc. 2015–19598 Filed 8–7–15; 8:45 am] Countervailing Duty Administrative degrees of freedom of linear motion in BILLING CODE 3510–DS–P Review: Certain Pasta from Italy,’’ from a tool that operates at cryogenic Christian Marsh, Deputy Assistant Secretary for Antidumping and temperatures (<4 Kelvin) and has a DEPARTMENT OF COMMERCE resonant frequency larger than 1 kHz. Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Docket Number: 15–013. Applicant: International Trade Administration Secretary for Enforcement and Washington State University, Pullman, [C–475–819] Compliance, dated July 31, 2015 WA 99164–1020. Instrument: CTK (Preliminary Decision Memorandum), Reactor, High Pressure Reactor, Diff Certain Pasta From Italy: Preliminary and hereby adopted by this notice. pump mass spectrometer. Manufacturer: Results of Countervailing Duty The Preliminary Decision OmniVac, Germany. Intended Use: See Administrative Review, Rescission in Memorandum is a public document and notice at 80 FR 31890–91, June 4, 2015. Part, and Preliminary Intent To Rescind is on file electronically via Enforcement Comments: None received. Decision: in Part; 2013 and Compliance’s Antidumping and Approved. We know of no instruments Countervailing Duty Centralized AGENCY: of equivalent scientific value to the Enforcement and Compliance, Electronic Service System (ACCESS). foreign instruments described below, for International Trade Administration, ACCESS is available to registered users such purposes as this is intended to be Department of Commerce. at http://access.trade.gov and available SUMMARY: The Department of Commerce used, that was being manufactured in to all parties in the Central Records (the Department) is conducting an the United States at the time of order. Unit, room B8024 of the main Reasons: The instrument will be used to administrative review of the Department of Commerce building. In take measurements during an ongoing countervailing duty (CVD) order on addition, a complete version of the catalytic reaction, i.e. under ‘operando’ certain pasta (pasta) from Italy. The Preliminary Decision Memorandum can reaction conditions so as to clarify period of review (POR) is January 1, be accessed directly on the Internet at mechanistic details during studies up to 2013, through December 31, 2013. We http://trade.gov/enforcement/. The 100 bar so as to ensure optimal preliminarily find that DeMatteis signed and electronic versions of the conditions for the production of fuels Agroalimentare S.p.A. (DeMatteis) (also Preliminary Decision Memorandum are and other chemical feedstock such as known as, DeMatteis Agroalimentare identical in content. A list of topics detergents or lubricants. Such dynamic SpA) and La Molisana S.p.A. received discussed in the Preliminary Decision reaction studies will help elucidate the countervailable subsidies during the Memorandum is provided in the mechanisms of catalytic reactions such POR. We are rescinding the review with Appendix to this notice. as the formation of transportation fuels respect to Industria Alimentare Filiberto from ‘synthesis gas’ (Fischer Tropsch Bianconi 1947 S.p.A. (Bianconi) and Methodology synthesis). While CTK informs about the Delverde Industrie Alimentari S.p.A. The Department is conducting this early run-in period in a time-resolved (Delverde), as both companies timely review in accordance with section manner, the high pressure reactor withdrew their requests for review. For 751(a)(1)(A) of the Tariff Act of 1930, as allows the study of steady-state reaction reasons discussed below, the amended (the Act). For each program behavior at a bench scale for many Department preliminarily intends to found countervailable, we preliminarily hours. The Quantachrome system rescind the review, in part, with respect determine that there is a countervailable allows measurements of the specific to La Molisana Industrie Alimentari subsidy, i.e., a government-provided surfaces areas of materials, which is S.p.A. (LMIA). Interested parties are financial contribution that gives rise to required for the optimization of invited to comment on these a benefit to the recipient, and that the catalysts. The CTK reactor comprises a preliminary results. subsidy is specific.1 gas cleaning and dosing system, along DATES: Effective date: August 10, 2015. In making the preliminary findings, with gas inlets using mass flow FOR FURTHER INFORMATION CONTACT: we relied, in part, on an adverse controllers. The central part of the Jennifer Meek or Joseph Shuler, AD/ inference in selecting from among the reactor is made of quartz, and CVD Operations, Office I, Enforcement facts available in accordance with temperatures can be varied at choice. and Compliance, International Trade 1 The high pressure reactor comprises gas Administration, U.S. Department of See sections 771(5)(B)and (D) of the Act regarding financial contribution; section 771(5)(E) cleaning and inlet pressure up to 100 Commerce, 14th Street and Constitution of the Act regarding benefit; and section 771(5A) of bar, surrounded by a temperature Avenue NW., Washington, DC 20230; the Act regarding specificity.

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sections 776(a) and (b) of the Act Federal Register.4 Rebuttal briefs, Assessment Rates because we find that the Government of which must be limited to issues raised In accordance with 19 CFR Italy did not act to the best of its ability in case briefs, may be submitted by no 351.221(b)(4)(i), we assigned a subsidy to respond to the Department’s requests later than five days after the deadline for rate for the producer/exporter subject to for information.2 For a full description case briefs.5 Parties who submit case this administrative review. Upon of the methodology underlying our briefs or rebuttal briefs in this issuance of the final results, the conclusions, see the Preliminary proceeding should submit with each Decision Memorandum. Department shall determine, and U.S. argument: (1) A statement of the issue; Customs and Border Protection (CBP) Partial Rescission (2) a brief summary of the argument; 6 shall assess, countervailing duties on all and (3) a table of authorities. The appropriate entries covered by this As discussed in the Preliminary summary of the argument should be Decision Memorandum, the companies review. We intend to issue instructions limited to five pages total, including to CBP 15 days after publication of the Bianconi, and Delverde timely footnotes. withdrew their requests for final results of this review. administrative review of themselves. No Interested parties who wish to request For the rescinded companies, other parties requested reviews of these a hearing must submit a written request countervailing duties shall be assessed companies. The Department, pursuant to the Assistant Secretary for at rates equal to the cash deposit of to 19 CFR 351.213(d)(1), is therefore Enforcement and Compliance, U.S. estimated countervailing duties required rescinding this administrative review Department of Commerce within 30 at the time of entry, or withdrawal from with respect to Bianconi and Delverde. days after the date of publication of this warehouse, for consumption, during the notice.7 Requests should contain the period January 1, 2013, through Preliminary Intent To Rescind party’s name, address, and telephone December 31, 2013, in accordance with We initiated a review for LMIA. number, the number of participants, and 19 CFR 351.212(c)(1)(i). The Department However, as explained in the a list of the issues to be discussed. intends to issue appropriate assessment Preliminary Decision Memorandum, the Issues raised in the hearing will be instructions directly to CBP 15 days record demonstrates that LMIA ceased limited to those raised in the briefs.8 If after publication of this notice. operations prior to the POR. Moreover, a request for a hearing is made, the Cash Deposit Requirements La Molisana reported that all entries Department intends to hold the hearing under either company name (La at the U.S. Department of Commerce, Also in accordance with section Molisana or LMIA) were of subject 14th Street and Constitution Avenue 751(a)(2)(C) of the Act, the Department merchandise produced and exported by NW., Washington, DC 20230, on a date intends to instruct CBP to collect cash La Molisana. Accordingly, because we and at a time and location to be deposits of estimated countervailing find that LMIA was not operational determined. Parties should confirm by duties in the amount shown above for during the POR, and made no entries of telephone the date, time, and location of De Matteis and La Molisana, on subject merchandise during the POR, we the hearing two days before the shipments of subject merchandise preliminarily intend to rescind the scheduled date. entered, or withdrawn from warehouse, review with respect to LMIA. All submissions, with limited for consumption on or after the date of Preliminary Results of the Review exceptions, must be filed electronically publication of the final results of this using ACCESS.9 An electronically filed review. For all non-reviewed firms, we In accordance with section will instruct CBP to continue to collect 751(a)(1)(A) of the Act and 19 CFR documents must be received successfully in their entirety by the cash deposits at the most-recent 351.221(b)(4)(i), we calculated company-specific or all-others rate individual subsidy rates for De Matteis Department’s electronic records system, ACCESS, by 5 p.m. Eastern Time (ET) applicable to the company, as and La Molisana for the period January appropriate. These cash deposit 1, 2013, through December 31, 2013. We on the due date. Documents excepted from the electronic submission requirements, when imposed, shall preliminarily find that the net subsidy remain in effect until further notice. rates for DeMatteis and La Molisana are requirements must be filed manually These preliminary results are issued as follows: (i.e. in paper form) with the APO/ Dockets Unit in Room 18022 and and published in accordance with stamped with the date and time of sections 751(a)(1) and 777(i)(1) of the Company Subsidy rate (percent) receipt by 5 p.m. ET on the due date.10 Act and 19 CFR 351.213 and 351.221(b)(4). DeMatteis Agroalimentare Unless the deadline is extended Dated: July 31, 2015. S.p.A...... 2.12 pursuant to section 751(a)(3)(A) of the La Molisana, SpA ...... 0.32 Act, the Department intends to issue the Ronald K. Lorentzen, final results of this administrative Acting Assistant Secretary for Enforcement Disclosure and Public Comment review, including our analysis of and and Compliance. The Department intends to disclose responses to issues raised by the parties Appendix I calculations performed for these in their comments, within 120 days after publishing these preliminary results. List of Topics Discussed in the Preliminary preliminary results to the parties within Decision Memorandum five days of the date of publication of A. Summary this notice.3 Interested parties may 4 See 19 CFR 351.309(c)(1)(ii). 5 B. Background submit case briefs no later than 30 days See 19 CFR 351.309(d). 6 See 19 CFR 351.309(c)(2) and (d)(2). C. Scope of the Order after the day on which these 7 See 19 CFR 351.310(c). D. Partial Rescission of the Administrative preliminary results are published in the 8 Id. Review 9 See generally 19 CFR 351.303. E. Use of Facts Otherwise Available and 2 For further information, see ‘‘Use of Facts 10 See Antidumping and Countervailing Duty Adverse Inferences Otherwise Available and Adverse Inferences’’ in the proceedings: Electronic Filing Procedures; F. Loan Benchmarks and Discount Rates Preliminary Decision Memorandum. Administrative Protective Order Procedure, 76 FR G. Subsidy Valuation Information 3 See 19 CFR 351.224(b). 39263 (July 6, 2011). H. Analysis of Programs

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I. Recommendation affirmative determination that markings, as well as all tires that [FR Doc. 2015–19613 Filed 8–7–15; 8:45 am] countervailable subsidies are being include any other prefix or suffix in BILLING CODE 3510–DS–P provided to producers and exporters of their sidewall markings, are included in passenger tires from the PRC.3 On the scope, regardless of their intended August 3, 2015, pursuant to sections use, as long as the tire is of a size that DEPARTMENT OF COMMERCE 735(d) and 705(d) of the Tariff Act of is among the numerical size 1930, as amended (the Act), the ITC designations listed in the passenger car International Trade Administration notified the Department of its section or light truck section of the Tire [A–570–016, C–570–017] affirmative final determination that an and Rim Association Year Book, as industry in the United States is updated annually, unless the tire falls Certain Passenger Vehicle and Light materially injured within the meaning within one of the specific exclusions set Truck Tires From the People’s of sections 735(b)(1)(A)(i) and out below. Republic of China: Amended Final 705(b)(1)(A)(i) of the Act by reason of Passenger vehicle and light truck Affirmative Antidumping Duty LTFV imports and subsidized imports of tires, whether or not attached to wheels Determination and Antidumping Duty subject merchandise from the PRC, and or rims, are included in the scope. Order; and Amended Final Affirmative its determination that critical However, if a subject tire is imported Countervailing Duty Determination and circumstances do not exist with respect attached to a wheel or rim, only the tire Countervailing Duty Order to imports of subject merchandise from is covered by the scope. the PRC that are subject to the Specifically excluded from the scope AGENCY: Enforcement and Compliance, Department’s affirmative critical are the following types of tires: International Trade Administration, circumstances finding.4 (1) Racing car tires; such tires do not Department of Commerce. bear the symbol ‘‘DOT’’ on the sidewall SUMMARY: Based on affirmative final Scope of the Orders and may be marked with ‘‘ZR’’ in size determinations by the Department of The scope of these orders is passenger designation; Commerce (the Department) and the vehicle and light truck tires. Passenger (2) new pneumatic tires, of rubber, of International Trade Commission (the vehicle and light truck tires are new a size that is not listed in the passenger ITC), the Department is issuing pneumatic tires, of rubber, with a car section or light truck section of the antidumping duty (AD) and passenger vehicle or light truck size Tire and Rim Association Year Book; countervailing duty (CVD) orders on designation. Tires covered by these (3) pneumatic tires, of rubber, that are certain passenger vehicle and light truck orders may be tube-type, tubeless, not new, including recycled and tires (passenger tires) from the People’s radial, or non-radial, and they may be retreaded tires; Republic of China (the PRC). Also, as intended for sale to original equipment (4) non-pneumatic tires, such as solid explained in this notice, the Department manufacturers or the replacement rubber tires; is amending its final affirmative CVD market. (5) tires designed and marketed determination to correct the rate Subject tires have, at the time of exclusively as temporary use spare tires assigned to Shandong Yongsheng importation, the symbol ‘‘DOT’’ on the for passenger vehicles which, in Rubber Group Co., Ltd. (Yongsheng). In sidewall, certifying that the tire addition, exhibit each of the following addition, the Department is amending conforms to applicable motor vehicle physical characteristics: the final affirmative AD determination safety standards. Subject tires may also (a) The size designation and load to correct the rate assigned to the GITI have the following prefixes or suffix in index combination molded on the tire’s companies 1 and to the separate rate their tire size designation, which also sidewall are listed in Table PCT–1B companies. appears on the sidewall of the tire: (‘‘T’’ Type Spare Tires for Temporary DATES: Effective date: August 10, 2015. Prefix designations: P—Identifies a tire intended primarily Use on Passenger Vehicles) of the Tire FOR FURTHER INFORMATION CONTACT: for service on passenger cars. and Rim Association Year Book, Emily Halle at (202) 482–0176 (CVD); or LT—Identifies a tire intended (b) the designation ‘‘T’’ is molded into Toni Page at (202) 482–1398 (AD), AD/ primarily for service on light trucks. the tire’s sidewall as part of the size CVD Operations, Enforcement and Suffix letter designations: designation, and, Compliance, International Trade LT—Identifies light truck tires for (c) the tire’s speed rating is molded on Administration, U.S. Department of service on trucks, buses, trailers, and the sidewall, indicating the rated speed Commerce, 14th Street and Constitution multipurpose passenger vehicles used in MPH or a letter rating as listed by Avenue NW., Washington, DC 20230. in nominal highway service. Tire and Rim Association Year Book, SUPPLEMENTARY INFORMATION: All tires with a ‘‘P’’ or ‘‘LT’’ prefix, and the rated speed is 81 MPH or a ‘‘M’’ Background and all tires with an ‘‘LT’’ suffix in their rating; sidewall markings are covered by this (6) tires designed and marketed On June 18, 2015, with respect to investigation regardless of their exclusively for specialty tire (ST) use passenger tires from the PRC,2 the intended use. which, in addition, exhibit each of the Department published its final In addition, all tires that lack a ‘‘P’’ or following conditions: affirmative determination of sales at less ‘‘LT’’ prefix or suffix in their sidewall (a) The size designation molded on than fair value (LTFV) and its final the tire’s sidewall is listed in the ST 3 See Countervailing Duty Investigation of Certain sections of the Tire and Rim Association 1 Giti Tire Global Trading Pte. Ltd., GITI Radial Passenger Vehicle and Light Truck Tires from the Year Book, Tire (Anhui) Company Ltd., GITI Tire (Fujian) People’s Republic of China: Final Affirmative Company Ltd., GITI Tire (Hualin) Company Ltd., Determination, and Final Affirmative Critical (b) the designation ‘‘ST’’ is molded and GITI Tire (USA) Ltd. Circumstances Determination, in Part, 80 FR 34888 into the tire’s sidewall as part of the size 2 See Antidumping Duty Investigation of Certain (June 18, 2015) (CVD Final Determination). designation, Passenger Vehicle and Light Truck Tires From the 4 See ITC Notification Letter to the Deputy (c) the tire incorporates a warning, People’s Republic of China: Final Determination of Assistant Secretary for Enforcement and prominently molded on the sidewall, Sales at Less Than Fair Value and Final Affirmative Compliance referencing ITC Investigation Nos. 701– Determination of Critical Circumstances, In Part, 80 TA–522 and 731–TA–1258 (August 3, 2015) (ITC that the tire is ‘‘For Trailer Service FR 34893 (June 18, 2015) (AD Final Determination). Notification). Only’’ or ‘‘For Trailer Use Only’’,

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(d) the load index molded on the tire’s 4011.20.50.10. Tires meeting the scope average margin rates are listed in the sidewall meets or exceeds those load description may also enter under the table below. The amended weighted- indexes listed in the Tire and Rim following HTSUS subheadings: average margin rates provided for all Association Year Book for the relevant 4011.99.45.10, 4011.99.45.50, exporter/producer combinations listed ST tire size, and 4011.99.85.10, 4011.99.85.50, in the table are adjusted, where (e) either 8708.70.45.45, 8708.70.45.60, appropriate, for export subsidies and (i) the tire’s speed rating is molded on 8708.70.60.30, 8708.70.60.45, and estimated domestic subsidy pass- the sidewall, indicating the rated speed 8708.70.60.60. While HTSUS through. in MPH or a letter rating as listed by subheadings are provided for Tire and Rim Association Year Book, convenience and for customs purposes, Amendment to the CVD Final and the rated speed does not exceed 81 the written description of the subject Determination MPH or an ‘‘M’’ rating; or merchandise is dispositive. On June 11, 2015, the Department (ii) the tire’s speed rating molded on issued its affirmative final Amendment to the AD Final the sidewall is 87 MPH or an ‘‘N’’ rating, determination in the CVD Determination and in either case the tire’s maximum investigation.10 On June 17, 2015, pressure and maximum load limit are On June 11, 2015, the Department Petitioner and GITI Tire (Fujian) Co., molded on the sidewall and either issued its affirmative final Ltd. (GITI Fujian), a respondent in the (1) both exceed the maximum determination in the AD investigation.5 CVD investigation, submitted timely pressure and maximum load limit for On June 22, 2015, Petitioner 6 submitted ministerial error allegations and any tire of the same size designation in timely ministerial error allegations. On requested that the Department correct either the passenger car or light truck June 29, 2015, the GITI companies and the alleged ministerial errors in the section of the Tire and Rim Association the Sailun Group Co., Ltd. (Sailun subsidy rate calculations.11 On June 22, Year Book; or Group), respondents in the AD 2015, Petitioner, GITI Fujian, and (2) if the maximum cold inflation investigation, submitted timely rebuttal Yongsheng submitted timely rebuttal pressure molded on the tire is less than comments to the Petitioner’s comments to these ministerial error any cold inflation pressure listed for allegations.7 No other interested party allegations.12 No other interested party that size designation in either the submitted ministerial error allegations submitted ministerial error allegations passenger car or light truck section of or rebutted Petitioner’s submission. or rebuttals to Petitioner’s or GITI the Tire and Rim Association Year After analyzing the comments and Fujian’s submissions. Book, the maximum load limit molded rebuttals received, we determine, in After analyzing the comments and on the tire is higher than the maximum accordance with section 735(e) of the rebuttals received, we determined, in load limit listed at that cold inflation Act and 19 CFR 351.224(e), that we accordance with section 705(e) of the pressure for that size designation in made ministerial errors in our Act and 19 CFR 351.224(e), that we either the passenger car or light truck calculations for the AD Final made ministerial errors in certain section of the Tire and Rim Association Determination with respect to the GITI calculations for the CVD Final 8 Year Book; companies. This amended final AD Determination with respect to (7) tires designed and marketed determination corrects these errors and Yongsheng. This amended final CVD exclusively for off-road use and which, revises the weighted-average margin rate determination corrects these errors and in addition, exhibit each of the for the GITI companies. Because the revises the ad valorem subsidy rate for following physical characteristics: margin rate for the separate rate Yongsheng. The amended estimated ad (a) The size designation and load companies is based on the rates for the valorem subsidy rate for Yongsheng is index combination molded on the tire’s GITI companies and the Sailun Group, 116.73 percent. sidewall are listed in the off-the-road, and the rate for the GITI companies agricultural, industrial or ATV section changed due to the aforementioned Antidumping Duty Order of the Tire and Rim Association Year ministerial errors, we have revised the As stated above, on August 3, 2015, in Book, calculation for the weighted-average accordance with section 735(d) of the (b) in addition to any size designation margin rate for the separate rate Act, the ITC notified the Department of markings, the tire incorporates a companies in this amended final AD its final determination in its warning, prominently molded on the determination.9 The amended weighted- sidewall, that the tire is ‘‘Not For 10 See CVD Final Determination. 5 Highway Service’’ or ‘‘Not for Highway See AD Final Determination. 11 See Letter from Petitioner, ‘‘Countervailing Use’’, 6 Collectively, United Steel, Paper and Forestry, Duty Investigation on Certain Passenger Vehicle (c) the tire’s speed rating is molded on Rubber, Manufacturing, Energy, Allied Industrial and Light Truck Tires from the People’s Republic and Service Workers International Union, AFL– of China (C–570–017)—Petitioner’s Ministerial the sidewall, indicating the rated speed CIO, CLC. Error Comments,’’ June 17, 2015 (Petitioner’s in MPH or a letter rating as listed by the 7 See Letter from the GITI companies, ‘‘Passenger Ministerial Error Comments); Letter from GITI Tire and Rim Association Year Book, Vehicle and Light Truck Tires from the People’s Fujian, ‘‘Passenger Vehicle and Light Truck Tires and the rated speed does not exceed 55 Republic of China: Reply to Ministerial Error from the People’s Republic of China: Ministerial Comments—Giti Tire Global Trading Pte. Ltd.,’’ Error Comments,’’ June 17, 2015 (GITI Fujian MPH or a ‘‘G’’ rating, and June 29, 2015; see also Letter from the Sailun Ministerial Error Comments). (d) the tire features a recognizable off- Group, ‘‘Sailun’s Reply to Petitioner’s Ministerial 12 See Letter from Petitioner, ‘‘Countervailing road tread design. Error Allegations in the Antidumping Duty Duty Investigation on Certain Passenger Vehicle The products covered by the orders Investigation on Certain Passenger Vehicle and and Light Truck Tires from the People’s Republic are currently classified under the Light Truck Tires from the People’s Republic of of China (C–570–017)—Petitioner’s Reply to GITI China,’’ June 29, 2015. Tire’s Ministerial Error Comments,’’ June 22, 2015; following Harmonized Tariff Schedule 8 For a detailed discussion of all alleged Letter from GITI Fujian, ‘‘Passenger Vehicle and of the United States (HTSUS) ministerial errors, as well as the Department’s Light Truck Tires from the People’s Republic of subheadings: 4011.10.10.10, analysis, see the memorandum, ‘‘Amended Final China: Ministerial Error Comments—Reply,’’ June 4011.10.10.20, 4011.10.10.30, Determination of the Antidumping Duty 22, 2015; Letter from Yongsheng, ‘‘Certain Investigation: Allegations of Ministerial Errors,’’ Passenger Vehicle and Light Truck Tires from the 4011.10.10.40, 4011.10.10.50, dated concurrently with this Notice (AD Ministerial People’s Republic of China: Ministerial Error Reply 4011.10.10.60, 4011.10.10.70, Error Memorandum). of Shandong Yongsheng Rubber Group Co., Ltd.,’’ 4011.10.50.00, 4011.20.10.05, and 9 See AD Ministerial Error Memorandum. June 22, 2015.

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investigation, in which it found that an withdrawn from warehouse, for adjusted, where appropriate, for export industry in the United States is consumption on or after January 27, subsidies and estimated domestic materially injured within the meaning 2015, the date of publication in the subsidy pass-through, as discussed of section 735(b)(1)(A)(i) of the Act by Federal Register of the notice of an above.17 reason of imports of passenger tires from affirmative preliminary determination Provisional Measures (AD) the PRC, and that critical circumstances that passenger tires are being, or are do not exist with respect to imports of likely to be, sold in the United States at Section 733(d) of the Act states that subject merchandise from the PRC that LTFV. Further, consistent with our instructions issued pursuant to an are subject to the Department’s practice, where the product from the affirmative preliminary determination affirmative critical circumstances PRC under investigation is also subject in an AD investigation may not remain finding.13 Because the ITC determined to a concurrent CVD investigation, the in effect for more than four months that imports of passenger tires from the Department will instruct CBP to require except where exporters representing a PRC are materially injuring a U.S. a cash deposit 15 equal to the weighted- significant proportion of exports of the industry, unliquidated entries of such average amount by which the normal subject merchandise request the merchandise from the PRC, entered or value exceeds U.S. price, adjusted Department to extend that four month withdrawn from warehouse, for where appropriate for export subsidies period to no more than six months. At consumption are subject to the and estimated domestic subsidy pass- the request of the GITI companies, who assessment of antidumping duties. through.16 The cash deposit rates are as account for a significant proportion of Therefore, in accordance with section follows: (1) For each exporter/producer passenger tires from the PRC, we 736(a)(1) of the Act, the Department will combination listed in the table below, extended the four-month period to no direct U.S. Customs and Border the cash deposit rate will be equal to the more than six months in this case.18 The Protection (CBP) to assess, upon further dumping margin listed for that exporter/ Department published the preliminary instruction by the Department, producer combination in the table, determination in the AD investigation antidumping duties equal to the amount adjusted as appropriate for export on January 27, 2015. Therefore, the six- by which the normal value of the subsidies and estimated domestic month period beginning on the date of merchandise exceeds the export price subsidy pass-through; (2) for all other publication of the preliminary (or constructed export price) of the combinations of PRC exporters/ determination in the AD investigation merchandise, for all relevant entries of producers of the merchandise under ended on July 26, 2015. Furthermore, passenger tires from the PRC. These consideration, the cash deposit rate will section 737(b) of the Act states that antidumping duties will be assessed on be equal to the dumping margin definitive duties are to begin on the date unliquidated entries of passenger tires established for the PRC-wide entity, of publication of the ITC’s final injury from the PRC entered, or withdrawn adjusted as appropriate for export determination. from warehouse, for consumption on or subsidies and estimated subsidy pass- Therefore, in accordance with section after January 27, 2015, the date of through; and (3) for all non-PRC 733(d) of the Act and our practice, we publication of the AD Preliminary exporters of the merchandise under will instruct CBP to terminate the Determination,14 but will not include consideration which have not received suspension of liquidation and to entries occurring after the expiration of their own separate rate above, the cash liquidate, without regard to the provisional measures period and deposit rate will be equal to the cash antidumping duties, unliquidated before publication of the ITC’s final deposit rate applicable to the PRC entries of passenger vehicle tires from injury determination as further exporter/producer combination that the PRC, entered, or withdrawn from described below. supplied that non-PRC exporter. These warehouse, for consumption on or after suspension of liquidation instructions July 26, 2015, the date the provisional Continuation of Suspension of will remain in effect until further notice. measures expired, until and through the Liquidation (AD) Accordingly, effective on the date of day preceding the date of publication of In accordance with section publication of the ITC’s final affirmative the ITC’s final injury determination in 735(c)(1)(B) of the Act, the Department injury determination, CBP will require, the Federal Register. will instruct CBP to continue to suspend at the same time as importers would liquidation of all appropriate entries of normally deposit estimated duties on Estimated Weighted-Average Dumping passenger tires from the PRC as this subject merchandise, a cash deposit Margins described in the ‘‘Scope of the Orders’’ equal to the estimated weighted-average The estimated weighted-average section, which were entered, or dumping margins indicated below, dumping margins are as follows.19

13 See ITC Determination. only order the resumption of the suspension of export subsidies and domestic subsidy pass- 14 See Certain Passenger Vehicle and Light Truck liquidation, and require cash deposits for throughs, where appropriate. See AD Final Tires From the People’s Republic of China: countervailing duties equal to the final subsidy Determination, 80 FR at 34897. As a result of the Preliminary Determination of Sales at Less Than rates, upon issuance of a final affirmative injury adjustments for export subsidies and domestic Fair Value; Preliminary Affirmative Determination determination by the ITC. As a result, the subsidy pass-throughs, the GITI companies’ cash of Critical Circumstances; In Part and Department will make an adjustment to AD cash deposit rate will be 15.31 percent; the Sailun deposits, where appropriate, for export subsidies Postponement of Final Determination, 80 FR 4250 Group’s cash deposit rate will be 0.00 percent; and estimated domestic subsidy pass-through as of (January 27, 2015) (AD Preliminary Determination). Cooper Tire & Rubber Company’s, Cooper the date of publication of the ITC’s final affirmative 15 See Modification of Regulations Regarding the injury determination. (Kunshan) Tire Co., Ltd.’s, and Cooper Chengshan Practice of Accepting Bonds During the Provisional 18 See Certain Passenger Vehicle and Light Truck (Shandong) Tire Co., Ltd’s. (collectively, Cooper) Measures Period in Antidumping and Tires From the People’s Republic of China: cash deposit rate will be 11.12 percent; the other Countervailing Duty Investigations, 76 FR 61042 Preliminary Determination of Sales at Less Than separate rate entities’ (besides Cooper) cash deposit (October 3, 2011). Fair Value; Preliminary Affirmative Determination rate will be 8.72 percent; and the PRC-wide entity’s 16 See sections 772(c)(1)(C) and 777A(f) of the of Critical Circumstances; In Part and cash deposit rate will be 76.46 percent. See also Act. Postponement of Final Determination, 80 FR 4250 CVD Final Determination and Memorandum to the 17 With respect to the final affirmative at 4253 (January 27, 2015) (AD Preliminary File, ‘‘Certain Passenger Vehicle and Light Truck countervailing duty determination in the Determination). from the People’s Republic of China: Double companion investigation, because the provisional 19 As explained in the AD Final Determination, Remedies Final Calculation Memorandum’’ (June measures period has expired, the Department will we will adjust cash deposit rates by the amount of 11, 2015).

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Weighted- average Exporter(s) Producer(s) dumping margin (percent)

Giti Tire Global Trading Pte. Ltd., Giti Tire (USA) Ltd., Giti Ra- Giti Radial Tire (Anhui) Company Ltd., Giti Tire (Fujian) Com- 30.74 dial Tire (Anhui) Company Ltd., Giti Tire (Fujian) Company pany Ltd., Giti Tire (Hualin) Company Ltd. Ltd., Giti Tire (Hualin) Company Ltd., (Collectively, the GITI Companies). Sailun Group Co., Ltd. (aka Sailun Jinyu Group Co., Ltd.), Sailun Group Co., Ltd. (aka Sailun Jinyu Group Co., Ltd.), 14.35 Sailun Tire International Corp., Shandong Jinyu Industrial Shandong Jinyu Industrial Co., Ltd. Co., Ltd., Jinyu International Holding Co., Limited, Seatex International Inc., Dynamic Tire Corp., Husky Tire Corp., Seatex PTE. Ltd., (Collectively, Sailun Group). Cooper Tire & Rubber Company...... Cooper Chengshan (Shandong) Tire Co., Ltd., Cooper 25.84 (Kunshan) Tire Co., Ltd. Cooper Chengshan (Shandong) Tire Co., Ltd ...... Cooper Chengshan (Shandong) Tire Co., Ltd ...... 25.84 Cooper (Kunshan) Tire Co., Ltd ...... Cooper (Kunshan) Tire Co., Ltd ...... 25.84 Best Choice International Trade Co., Limited ...... Qingdao Sentury Tire Co., Ltd., Shandong Haohua Tire Co., 25.84 Ltd., Beijing Capital Tire Co., Ltd. Bridgestone (Wuxi) Tire Co., Ltd ...... Bridgestone (Wuxi) Tire Co., Ltd ...... 25.84 Bridgestone Corporation ...... Bridgestone (Wuxi) Tire Co., Ltd ...... 25.84 Cheng Shin Tire & Rubber (China) Co., Ltd ...... Cheng Shin Tire & Rubber (China) Co., Ltd., Cheng Shin Tire 25.84 & Rubber (Chongqing) Co., Ltd. Crown International Corporation...... Shandong Guofeng Rubber Plastics Co., Ltd., Shandong 25.84 Haohua Tire Co., Ltd., Shandong Jinyu Industrial Co., Ltd., Doublestar-Dongfeng Tyre Co., Ltd., Shengtai Group Co., Ltd., Qingdao Doublestar Tire Industrial Co., Ltd., Shandong Yongtai Chemical Co., Ltd. Goodyear Dalian Tire Company Limited ...... Goodyear Dalian Tire Company Limited ...... 25.84 Guangzhou Pearl River Rubber Tyre Ltd ...... Guangzhou Pearl River Rubber Tyre Ltd ...... 25.84 Hankook Tire China Co., Ltd ...... Hankook Tire China Co., Ltd ...... 25.84 Hebei Tianrui Rubber Co., Ltd ...... Hebei Tianrui Rubber Co., Ltd ...... 25.84 Highpoint Trading, Ltd ...... Federal Tire (Jiangxi) Ltd ...... 25.84 Hong Kong Tiancheng Investment & Trading Co., Limited ...... Shandong Linglong Tyre Co., Ltd ...... 25.84 Hong Kong Tri-Ace Tire Co., Limited...... Shandong Yongtai Chemical Co., Ltd., Doublestar-Dongfeng 25.84 Tyre Co., Ltd. Hwa Fong Rubber (Hong Kong) Ltd ...... Hwa Fong Rubber (Suzhou) Co., Ltd...... 25.84 Jiangsu Hankook Tire Co., Ltd ...... Jiangsu Hankook Tire Co., Ltd ...... 25.84 Kenda Rubber (China) Co., Ltd ...... Kenda Rubber (China) Co., Ltd ...... 25.84 Kumho Tire Co., Inc ...... Kumho Tire (Tianjin) Co., Inc., Nanjing Kumho Tire Co., Ltd., 25.84 Kumho Tire (Changchun) Co., Inc. Mayrun Tyre (Hong Kong) Limited ...... South China Tire & Rubber Co., Ltd., Shandong Haohua Tire 25.84 Co., Ltd. Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial Nankang (Zhangjiagang Free Trade Zone) Rubber Industrial 25.84 Co., Ltd. Co., Ltd. Pirelli Tyre Co., Ltd ...... Pirelli Tyre Co., Ltd ...... 25.84 Qingdao Crown Chemical Co., Ltd...... Shandong Guofeng Rubber Plastics Co., Ltd., Shandong 25.84 Haohua Tire Co., Ltd., Shandong Jinyu Industrial Co., Ltd., Doublestar-Dongfeng Tyre Co., Ltd. Qingdao Free Trade Zone Full-World International Trading Co., Shandong Zhentai Group Co., Ltd., Longkou Xinglong Tyre 25.84 Ltd. Co., Ltd., Hebei Tianrui Rubber Co., Ltd. Qingdao Fullrun Tyre Corp. Ltd...... Fullrun Tyre Tech Corp., Ltd, Shengtai Group Co., Ltd., 25.84 Shandong Zhongyi Rubber Co., Ltd., Shandong Guofeng Rubber Plastics Co, Ltd, Deruibao Tire Co., Ltd., Shandong New Continent Tire Co., Ltd, Shandong Fengyuan Tyre Manufacturing Co., Ltd, Sichuan Tyre & Rubber Co., Ltd, Qingdao Futaian Tyre Teck. Co., Ltd., Good Friend Tyre Co., Ltd., Shandong Hengyu Science & Technonology Co., Ltd., Shandong Longyue Rubber Co., Ltd., Shouguang Firemax Tyre Co., Ltd, Beijing Capital Tire Co., Ltd., Shandong Wanda Boto Tyre Co., Ltd, Zhaoqing Junhong Co., Ltd, Shandong Huasheng Rubber Co., Ltd, Shandong Haohua Tire Co., Ltd., Shandong Province Sanli Tire Manu- factured Co., Ltd. Qingdao Fullrun Tyre Tech Corp., Ltd ...... Qingdao Fullrun Tyre Tech Corp., Ltd...... 25.84 Qingdao Honghua Tyre Factory ...... Qingdao Honghua Tyre Factory ...... 25.84 Qingdao Nama Industrial Co., Ltd...... Shandong Guofeng Rubber Plastics Co., Ltd., Shandong 25.84 Hengyu Science & Technology Co., Ltd., Shandong Longyue Rubber Co., Ltd., Shandong Haohua Tire Co., Ltd., Shouguang Firemax Tyre Co., Ltd., Shandong Zhongyi Rubber Co., Ltd., Shandong Yonking Rubber Co., Ltd., Shandong Hongsheng Rubber Technology Co., Ltd. Qingdao Nexen Tire Corporation ...... Qingdao Nexen Tire Corporation ...... 25.84

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Weighted- average Exporter(s) Producer(s) dumping margin (percent)

Qingdao Odyking Tyre Co., Ltd ...... Doublestar-Dongfeng Tyre Co., Ltd., Shandong Fengyuan Tire 25.84 Manufacturing Co., Ltd., Shouguang Firemax Tyre Co., Ltd. Qingdao Qianzhen Tyre Co., Ltd ...... Qingdao Qianzhen Tyre Co., Ltd ...... 25.84 Qingdao Qihang Tyre Co., Ltd ...... Qingdao Qihang Tyre Co., Ltd ...... 25.84 Qingdao Qizhou Rubber Co., Ltd ...... Qingdao Qizhou Rubber Co., Ltd ...... 25.84 Qingdao Sentury Tire Co., Ltd ...... Qingdao Sentury Tire Co., Ltd ...... 25.84 Shandong Anchi Tyres Co., Ltd ...... Shandong Anchi Tyres Co., Ltd ...... 25.84 Shandong Changfeng Tyres Co., Ltd ...... Shandong Changfeng Tyres Co., Ltd ...... 25.84 Shandong Duratti Rubber Corporation Co., Ltd ...... Shandong Duratti Rubber Corporation Co., Ltd ...... 25.84 Shandong Guofeng Rubber Plastics Co., Ltd ...... Shandong Guofeng Rubber Plastics Co., Ltd ...... 25.84 Shandong Haohua Tire Co., Ltd ...... Shandong Haohua Tire Co., Ltd ...... 25.84 Shandong Haolong Rubber Tire Co., Ltd ...... Shandong Haolong Rubber Tire Co., Ltd ...... 25.84 Shandong Hawk International Rubber Industry Co., Ltd ...... Shandong Hawk International Rubber Industry Co., Ltd ...... 25.84 Shandong Hengyu Science & Technology Co., Ltd ...... Shandong Hengyu Science & Technology Co., Ltd ...... 25.84 Shandong Huitong Tyre Co., Ltd ...... Shandong Huitong Tyre Co., Ltd., Laiwu Sunshine Tyre Co., 25.84 Ltd. Shandong Linglong Tyre Co., Ltd ...... Shandong Linglong Tyre Co., Ltd ...... 25.84 Shandong Longyue Rubber Co., Ltd ...... Shandong Longyue Rubber Co., Ltd ...... 25.84 Shandong New Continent Tire Co., Ltd ...... Shandong New Continent Tire Co., Ltd ...... 25.84 Shandong Province Sanli Tire Manufactured Co., Ltd ...... Shandong Province Sanli Tire Manufactured Co., Ltd ...... 25.84 Shandong Shuangwang Rubber Co., Ltd ...... Shandong Shuangwang Rubber Co., Ltd ...... 25.84 Shandong Wanda Boto Tyre Co., Ltd ...... Shandong Wanda Boto Tyre Co., Ltd ...... 25.84 Shandong Yongtai Chemical Co., Ltd ...... Shandong Yongtai Chemical Co., Ltd ...... 25.84 Shandong Zhongyi Rubber Co., Ltd ...... Shandong Zhongyi Rubber Co., Ltd ...... 25.84 Shengtai Group Co., Ltd ...... Shengtai Group Co., Ltd., Shandong Shengshitailai Rubber 25.84 Technology Co., Ltd. Shifeng Juxing Tire Co., Ltd ...... Shifeng Juxing Tire Co., Ltd ...... 25.84 Shouguang Firemax Tyre Co., Ltd ...... Shouguang Firemax Tyre Co., Ltd ...... 25.84 Southeast Mariner International Co., Ltd ...... Dongying Zhongyi Rubber Co., Ltd., Shandong Haohua Tire 25.84 Co., Ltd. Techking Tires Limited ...... Shandong Longyue Rubber Co., Ltd ...... 25.84 Toyo Tire (Zhangjiagang) Co., Ltd ...... Toyo Tire (Zhangjiagang) Co., Ltd ...... 25.84 Triangle Tyre Co., Ltd ...... Triangle Tyre Co., Ltd ...... 25.84 Tyrechamp Group Co., Limited ...... Shandong Haohua Tire Co., Ltd., Sichuan Tyre & Rubber Co., 25.84 Ltd., Shandong Anchi Tyres Co., Ltd., Beijing Capital Tire Co., Ltd., Shandong Wanda Boto Tyre Co., Ltd., Shandong Wosen Rubber Co., Ltd., Shandong Zhentai Group Co., Ltd., Shandong Yonking Rubber Co., Ltd., Qingdao Doublestar Tire Industrial Co., Ltd., South China Tire & Rubber Co., Ltd., Anhui Heding Tire Technology Co., Ltd. Weihai Ping’an Tyre Co., Ltd ...... Weihai Ping’an Tyre Co., Ltd ...... 25.84 Weihai Zhongwei Rubber Co., Ltd ...... Weihai Zhongwei Rubber Co., Ltd ...... 25.84 Wendeng Sanfeng Tyre Co., Ltd ...... Wendeng Sanfeng Tyre Co., Ltd ...... 25.84 Winrun Tyre Co., Ltd ...... Shaanxi Yanchang Petroleum Group Rubber Co. Ltd ...... 25.84 Zenith Holdings (HK) Limited ...... Shandong Linglong Tyre Co., Ltd ...... 25.84 Zhaoqing Junhong Co., Ltd ...... Zhaoqing Junhong Co., Ltd ...... 25.84 PRC-wide Entity* ...... 87.99 *The PRC-wide entity includes, among other companies, Yongsheng, a mandatory respondent in this investigation that did not demonstrate that it is entitled to a separate rate. Accordingly, we consider Yongsheng to be part of the PRC-wide Entity.

Critical Circumstances (AD) Countervailing Duty Order finding.20 Therefore, in accordance with sections 705(c)(2) and 706(a) of the Act, With regard to the ITC’s negative As stated above, on August 3, 2015, in we are publishing this countervailing critical circumstances determination on accordance with section 705(d) of the duty order. imports of passenger tires from the PRC, Act, the ITC notified the Department of In accordance with section 706(a) of we will instruct CBP to lift suspension its final determination in this the Act, the Department will direct CBP and to refund any cash deposits made investigation, in which it found that an to assess, upon further instruction by to secure the payment of estimated industry in the United States is the Department, countervailing duties antidumping duties with respect to materially injured within the meaning on unliquidated entries of passenger entries of subject merchandise entered, of section 705(b)(1)(A)(i) of the Act by tires from the PRC entered, or or withdrawn from warehouse, for reason of imports of passenger tires from withdrawn from warehouse, for consumption on or after October 29, the PRC, and that critical circumstances 2014 (i.e., 90 days prior to the date of consumption on or after December 1, do not exist with respect to imports of publication of the AD Preliminary 2014, the date of publication of the CVD subject merchandise from the PRC that Determination), but before January 27, Preliminary Determination in the are subject to the Department’s 2015, (i.e., the date of publication of the affirmative critical circumstances AD Preliminary Determination). 20 See ITC Notification.

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Federal Register,21 and before March Estimated Countervailing Duty Cash Dated: August 4, 2015. 31, 2015, the date on which the Deposit Rates Ronald K. Lorentzen, Department instructed CBP to Acting Assistant Secretary for Enforcement discontinue the suspension of Cash deposit and Compliance. liquidation in accordance with section Company rate (percent) [FR Doc. 2015–19615 Filed 8–7–15; 8:45 am] 703(d) of the Act. Section 703(d) of the BILLING CODE 3510–DS–P Act states that the suspension of GITI Tire (Fujian) Co., Ltd. liquidation pursuant to a preliminary and certain cross-owned determination may not remain in effect companies 22 ...... 36.79 DEPARTMENT OF COMMERCE for more than four months. Entries of Cooper Kunshan Tire Co., Ltd passenger tires from the PRC made on and certain cross-owned International Trade Administration or after March 31, 2015, and prior to the companies 23 ...... 20.73 date of publication of the ITC’s final Shandong Yongsheng Rubber Withdrawal of Application for Duty- determination in the Federal Register, Group Co., Ltd ...... 116.33 Free Entry of Scientific Instruments are not liable for the assessment of All-Others ...... 30.61 countervailing duties, due to the Applications may be examined Department’s discontinuation, effective Critical Circumstances (CVD) between 8:30 a.m. and 5:00 p.m. in March 31, 2015, of the suspension of Room 3720, Subsidies Enforcement With regard to the ITC’s negative liquidation. Office, U.S. Department of Commerce, critical circumstances determination on 14th and Constitution Avenue NW., Provisional Measures (CVD) imports of passenger tires from the PRC, Washington, DC 20230. we will instruct CBP to lift suspension In accordance with Section 703(d) of and to refund any cash deposits made Docket Number: 15–009. Applicant: the Act, the provisional measures period to secure the payment of estimated University of Texas Health Science for the CVD investigation ended on countervailing duties with respect to Center, San Antonio, TX 78229. March 31, 2015 and CBP was instructed Instrument: Electron Microscope. to terminate the suspension of entries of the subject merchandise entered, or withdrawn from warehouse, Manufacturer: JEOL Ltd., Japan. liquidation and to liquidate, without Intended Use: See notice at 80 FR regard to countervailing duties, for consumption on or after September 31890, June 4, 2015. unliquidated entries of passenger 2, 2014 (i.e., 90 days prior to the date vehicle tires from the PRC, entered, or of the publication of the CVD Pursuant to Section 6(c) of the withdrawn from warehouse, for Preliminary Determination), but before Educational, Scientific and Cultural consumption on or after March 31, December 1, 2014 (i.e., the date of Materials Importation Act of 1966 (Pub. 2015, the date the provisional measures publication of the CVD Preliminary L. 89–651; as amended by Pub. L. 106– expired, until and through the day Determination). 36; 80 Stat. 897; 15 CFR part 301), the preceding the date of publication of the Department of Commerce and the Notifications to Interested Parties ITC’s final injury determination in the Department of Homeland Security Federal Register. This notice constitutes the AD and determine, inter alia, whether instruments of equivalent scientific Suspension of Liquidation (CVD) CVD orders with respect to passenger tires from the PRC pursuant to sections value, for the purposes for which the In accordance with section 706 of the 736(a) and 706(a) of the Act. Interested instruments shown below are intended Act, the Department will direct CBP to parties can find an updated list of orders to be used, are being manufactured in reinstitute suspension of liquidation, currently in effect by either visiting the United States as well as whether the effective on the date of publication of http://enforcement.trade.gov/stats/ instrument or apparatus is for the the ITC’s notice of final determination iastats1.html or by contacting the exclusive use of the applicant in the Federal Register, and to assess, Department’s Central Records Unit, institution and is not intended to be upon further instruction by the Room B8024 of the main Commerce used for commercial purposes. Department pursuant to section Building. On May 29, 2015, Texas University 706(a)(1) of the Act, countervailing Health Science Center officials notified duties for each entry of the subject These orders and the amended AD the Department that they wished to merchandise in an amount based on the Final Determination and amended CVD net countervailable subsidy rates for the Final Determination are published in withdraw the above-referenced subject merchandise. The Department accordance with sections 705(e), 706(a), application for duty-free entry of a will also direct CBP to require a cash 735(e), 736(a), and 777(i) of the Act, and scientific instrument. They noted that deposit for each entry of subject 19 CFR 351.211(b) and 351.224(e). the instrument will be cleared through merchandise in an amount equal to the Customs with duty paid by the vendor net countervailable subsidy rates listed 22 GITI Tire (Fujian) Co., Ltd., and its cross-owned in order to be used at a trade show for below. The all-others rate applies to all affiliated companies GITI Tire (China) Investment demonstrations. As noted in the producers and exporters of subject Company Ltd., GITI Radial Tire (Anhui) Company regulations at section 301.5(g), the merchandise not specifically listed. Ltd., GITI Tire (Hualin) Company Ltd., GITI Steel Department of Commerce shall Cord (Hubei) Company Ltd., Anhui Prime Cord discontinue processing an application Fabrics Company Ltd., GITI Tire Corporation, GITI 21 See Countervailing Duty Investigation of Tire (Anhui) Company Ltd., GITI Greatwall Tire when a request has been made by the Certain Passenger Vehicle and Light Truck Tires (Yinchuan) Company Ltd., GITI Steel Cord (Anhui) applicant to withdraw the application. from the People’s Republic of China: Preliminary Company Ltd., Anhui Prime Cord Weaving Therefore, the Department of Commerce Affirmative Determination, Preliminary Affirmative Company Ltd., and Anhui Prime Cord Twisting Critical Circumstances Determination, in Part, and has discontinued the processing of this Alignment of Final Determination with Final Company Ltd. application, in accordance with section 23 Antidumping Duty Determination, 79 FR 71093 Cooper Kunshan Tire Co., Ltd., and its cross- 301.5(g) of the regulations. See 15 CFR (December 1, 2014) (CVD Preliminary owned affiliated company, Cooper Chengshan Determination). (Shandong) Tire Co., Ltd. 301.5(g).

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Dated: August 4, 2015. Scope of the Order Weighted- Supriya Kumar, The merchandise subject to the order average Acting Director, Subsidies Enforcement Producer/Exporter dumping is seamless refined copper pipe and margin Office, Enforcement and Compliance. tube. The product is currently classified (percent) [FR Doc. 2015–19610 Filed 8–7–15; 8:45 am] under the Harmonized Tariff Schedule BILLING CODE 3510–DS–P of the United States (HTSUS) GD Affiliates S. de R.L. de subheadings 7411.10.1030 and C.V...... 0.00 7411.10.1090, and also may enter under DEPARTMENT OF COMMERCE HTSUS subheadings 7407.10.1500, Disclosure and Public Comment 7419.99.5050, 8415.90.8065, and International Trade Administration The Department intends to disclose 8415.90.8085. The HTSUS subheadings the calculations performed in are provided for convenience and connection with these preliminary [A–201–838] customs purposes only; the written results to interested parties within five product description of the scope of the Seamless Refined Copper Pipe and days after the date of publication of this order is dispositive.3 Tube From Mexico: Preliminary notice.4 Interested parties may submit Results of Antidumping Duty Methodology case briefs to the Department no later Administrative Review; 2013–2014 The Department is conducting this than 30 days after the date of review in accordance with section publication of this notice. Rebuttal AGENCY: Enforcement and Compliance, 751(a)(2) of the Tariff Act of 1930, as briefs, limited to issues raised in the International Trade Administration, case briefs, may be filed no later than Department of Commerce. amended (the Act). Constructed export price is calculated in accordance with five days after the time limit for filing 5 SUMMARY: The Department of Commerce section 772 of the Act. Normal value is case briefs. Parties who submit case (the Department) is conducting an calculated in accordance with section briefs or rebuttal briefs in this administrative review of the 773 of the Act. proceeding are encouraged to submit antidumping duty order on seamless For a full description of the with each argument: (1) A statement of refined copper pipe and tube from methodology underlying our the issue; (2) a brief summary of the 6 Mexico.1 The review covers one conclusions, see the Preliminary argument; and (3) a table of authorities. producer/exporter of the subject Decision Memorandum, dated Case and rebuttal briefs should be filed 7 merchandise, GD Affiliates S. de R.L. de concurrently with these results and using ACCESS. C.V. (Golden Dragon).2 The period of hereby adopted by this notice. The Pursuant to 19 CFR 351.310(c), review (POR) is November 1, 2013, Preliminary Decision Memorandum is a interested parties who wish to request a through October 31, 2014. We public document and is on file hearing must submit a written request to preliminarily found that sales of subject electronically via Enforcement and the Assistant Secretary for Enforcement merchandise have not been made at Compliance’s Antidumping and and Compliance, filed electronically via prices below normal value. Interested Countervailing Duty Centralized ACCESS. An electronically-filed parties are invited to comment on these Electronic Service System (ACCESS). document must be received successfully preliminary results. ACCESS is available to registered users in its entirety by ACCESS by 5 p.m. DATES: Effective date: August 10, 2015. at http://access.trade.gov and it is Eastern Standard Time within 30 days available to all parties in the Central after the date of publication of this FOR FURTHER INFORMATION CONTACT: Records Unit, room B0824 of the main notice.8 Hearing requests should Elizabeth Eastwood or Dennis McClure, Department of Commerce building. In contain: (1) The party’s name, address, AD/CVD Operations, Office II, addition, a complete version of the and telephone number; (2) the number Enforcement and Compliance, Preliminary Decision Memorandum can of participants; and (3) a list of issues to International Trade Administration, be accessed directly at http:// be discussed. Issues raised in the U.S. Department of Commerce, 14th enforcement.trade.gov/frn/index.html. hearing will be limited to issues raised Street and Constitution Avenue NW., The signed Preliminary Decision in the briefs. If a request for a hearing Washington, DC 20230; telephone: (202) Memorandum and the electronic is made, parties will be notified of the 482–3874 or (202) 482–5973, version of the Preliminary Decision time and date for the hearing to be held respectively. Memorandum are identical in content. at the U.S. Department of Commerce, SUPPLEMENTARY INFORMATION: A list of the topics discussed in the 14th Street and Constitution Avenue Preliminary Decision Memorandum is NW., Washington, DC 20230.9 1 See Seamless Refined Copper Pipe and Tube attached as the Appendix to this notice. The Department intends to issue the From Mexico and the People’s Republic of China: Preliminary Results of Review final results of this administrative Antidumping Duty Orders and Amended Final review, including the results of its Determination of Sales at Less Than Fair Value The Department preliminarily analysis of the issues raised in any From Mexico, 75 FR 71070 (November 22, 2010) determines that the following weighted- (Order). written briefs, no later than 120 days average dumping margin exists: 2 The Department has previously treated GD after the date of publication of this Affiliates S. de R.L. de C.V. as part of a single entity notice, pursuant to section 751(a)(3)(A) including: 1) GD Copper Cooperatief U.A.; 2) Hong 3 See Memorandum from Christian Marsh, Deputy of the Act and 19 CFR 351.213(h), Kong GD Trading Co. Ltd.; 3) Golden Dragon Assistant Secretary for Antidumping and Holding (Hong Kong) International, Ltd.; 4) GD Countervailing Duty Operations, to Ronald K. unless this deadline is extended. Copper U.S.A. Inc.; 5) GD Affiliates Servicios S. de Lorentzen, Acting Assistant Secretary for R.L. de C.V.; and 6) GD Affiliates S. de R.L. de C.V., Enforcement and Compliance, entitled ‘‘Seamless 4 See 19 CFR 351.224(b). which is collectively referred to as Golden Dragon. Refined Copper Pipe and Tube from Mexico: 5 See 19 CFR 351.309(d). See, e.g., Seamless Refined Copper Pipe and Tube Decision Memorandum for Preliminary Results of 6 From Mexico: Final Results of Antidumping Duty Antidumping Duty Administrative Review; 2013– See 19 CFR 351.309(c)(2) and (d)(2). New Shipper Review, 77 FR 59178 (September 26, 2014’’ (Preliminary Decision Memorandum), dated 7 See 19 CFR 351.303. 2012), and accompanying Issues and Decision concurrent with and adopted by this notice, for a 8 See 19 CFR 351.310(c). Memorandum. complete description of the Scope of the Order. 9 Id.

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Assessment Rates continue to be the company-specific rate Materials Importation Act of 1966 (Pub. Upon issuance of the final results, the published for the most recently- L. 89–651, as amended by Pub. L. 106– Department shall determine, and U.S. completed segment; (3) if the exporter is 36; 80 Stat. 897; 15 CFR part 301). Customs and Border Protection (CBP) not a firm covered in this review, a prior Related records can be viewed between shall assess, antidumping duties on all review, or the original investigation but 8:30 a.m. and 5:00 p.m. in Room 3720, appropriate entries covered by this the manufacturer is, the cash deposit U.S. Department of Commerce, 14th and review.10 Golden Dragon reported the rate will be the rate established for the Constitution Avenue NW., Washington, names of the importers of record and the most recently-completed segment for DC. the manufacturer of the merchandise; entered value for all of its sales to the Docket Number: 14–024. Applicant: United States during the POR. If Golden (4) the cash deposit rate for all other manufacturers or exporters will University of Maryland Baltimore Dragon’s weighted-average dumping County, Baltimore, MD 21250. margin is not zero or de minimis (i.e., continue to be 26.03 percent, the all- others rate established in the Order. Instrument: Electron Microscope. less than 0.50 percent) in the final Manufacturer: FEI Company, Czech results of this review, we will calculate These cash deposit requirements, when Republic. Intended Use: See notice at 80 importer-specific assessment rates on imposed, shall remain in effect until FR 31890, June 4, 2015. the basis of the ratio of the total amount further notice. of dumping calculated for the importer’s Notification to Importers Docket Number: 15–002. Applicant: examined sales and the total entered This notice also serves as a Rhode Island Hospital (Lifespan value of those sales in accordance with preliminary reminder to importers of Corporation), Providence, RI 02903. 19 CFR 351.212(b)(1), and we will their responsibility under 19 CFR Instrument: Laser Scanning Microscope. instruct CBP to assess antidumping 351.402(f)(2) to file a certificate Manufacturer: FEI Company/TILL duties on all appropriate entries covered regarding the reimbursement of Photonics, Germany. Intended Use: See by this review. Where either the antidumping duties prior to liquidation notice at 80 FR 31890, June 4, 2015. respondent’s weighted-average dumping of the relevant entries during this Docket Number: 15–004. Applicant: margin is zero or de minimis, or an review period. Failure to comply with importer-specific assessment rate is zero Drexel University, Philadelphia, PA this requirement could result in the 19104. Instrument: Electron Microscope. or de minimis, we will instruct CBP to Secretary’s presumption that liquidate the appropriate entries Manufacturer: JEOL Ltd., Japan. reimbursement of antidumping duties Intended Use: See notice at 80 FR without regard to antidumping duties. occurred and the subsequent assessment 31890, June 4, 2015. In accordance with the Department’s of double antidumping duties. ‘‘automatic assessment’’ practice, for We are issuing and publishing these Docket Number: 15–006. Applicant: entries of subject merchandise during results in accordance with sections Colorado School of Mines, Golden, CO the POR produced by Golden Dragon for 751(a)(1) and 777(i)(1) of the Act and 19 80401. Instrument: Electron Microscope. which it did not know its merchandise CFR 351.213(h) and 351.221(b)(4). Manufacturer: FEI Company, Czech was destined for the United States, we Republic. Intended Use: See notice at 80 will instruct CBP to liquidate Dated: August 3, 2015. FR 31890–91, June 4, 2015. unreviewed entries at the all-others rate Ronald K. Lorentzen, if there is no rate for the intermediate Acting Assistant Secretary for Enforcement Docket Number: 15–008. Applicant: companies involved in the transaction. and Compliance. St. Jude Children’s Research Hospital, For a full discussion of this clarification, Appendix Memphis, TN 38105. Instrument: see Antidumping and Countervailing List of Topics Discussed in the Preliminary Electron Microscope. Manufacturer: FEI Duty Proceedings: Assessment of Decision Memorandum Company, Czech Republic. Intended Antidumping Duties, 68 FR 23954 (May Use: See notice at 80 FR 31890, June 4, 6, 2003). 1. Summary 2. Background 2015. We intend to issue instructions to 3. Scope of the Order Docket Number: 15–020. Applicant: CBP 41 days after the publication date 4. Discussion of the Methodology of the final results of this review. i. Normal Value Comparisons The City University of New York, New ii. Determination of Comparison Method York, NY 10017. Instrument: Electron Cash Deposit Requirements iii. Product Comparisons Microscope. Manufacturer: FEI The following deposit requirements iv. Date of Sale Company, Japan. Intended Use: See will be effective upon publication of the v. Constructed Export Price notice at 80 FR 31890–91, June 4, 2015. notice of final results of administrative vi. Normal Value vii. Currency Conversion Comments: None received. Decision: review for all shipments of seamless refined copper pipe and tube from [FR Doc. 2015–19616 Filed 8–7–15; 8:45 am] Approved. No instrument of equivalent Mexico entered, or withdrawn from BILLING CODE 3510–DS–P scientific value to the foreign warehouse, for consumption on or after instrument, for such purposes as this the date of publication as provided by instrument is intended to be used, is section 751(a)(2) of the Act: (1) The cash DEPARTMENT OF COMMERCE being manufactured in the United States at the time the instrument was ordered. deposit rate for Golden Dragon will be International Trade Administration equal to the weighted-average dumping Reasons: Each foreign instrument is an margin established in the final results of University of Maryland Baltimore electron microscope and is intended for this administrative review; (2) for County, et al.; Notice of Consolidated research or scientific educational uses merchandise exported by manufacturers Decision on Applications for Duty-Free requiring an electron microscope. We or exporters not covered in this review Entry of Electron Microscope know of no electron microscope, or any but covered in a prior segment of the other instrument suited to these proceeding, the cash deposit rate will This is a decision consolidated purposes, which was being pursuant to Section 6(c) of the manufactured in the United States at the 10 See 19 CFR 351.212(b). Educational, Scientific, and Cultural time of order of each instrument.

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Dated: August 4, 2015. the draft and final agendas posted on Dated: July 31, 2015. Supriya Kumar, the HSRP Web site listed above and Rear Admiral Gerd F. Glang, Acting Director, Subsidies Enforcement written comments are welcome in Director, Office of Coast Survey, National Office, Enforcement and Compliance. advance. Each individual or group Ocean Service, National Oceanic and [FR Doc. 2015–19614 Filed 8–7–15; 8:45 am] making verbal comments will be limited Atmospheric Administration BILLING CODE 3510–DS–P to a total time of five (5) minutes. [FR Doc. 2015–19552 Filed 8–7–15; 8:45 am] Comments will be recorded. Advance BILLING CODE 3510–22P written comments should be submitted DEPARTMENT OF COMMERCE to [email protected] by DEPARTMENT OF COMMERCE National Oceanic and Atmospheric September 4, 2015. Public seating will Administration be available on a first-come, first-served National Oceanic and Atmospheric basis. This meeting is accessible to Administration Hydrographic Services Review Panel people with disabilities. Requests for Meeting sign language interpretation or other Proposed Information Collection; auxiliary aids should be directed to Comment Request; Surfclam/Ocean AGENCY: National Ocean Service, Quahog Individual Transferable Quota National Oceanic and Atmospheric [email protected] by Administration. Administration (NOAA), Department of September 4, 2015. The HSRP meeting will provide Web conferencing service Commerce AGENCY: National Oceanic and and teleconference capability for access ACTION: Notice of open meeting. Atmospheric Administration (NOAA), to listen and observe the meeting Commerce. SUMMARY: The Hydrographic Services presentations. Members of the public Review Panel (HSRP) is a Federal who wish to participate virtually must ACTION: Notice. Advisory Committee established to register at least a day in advance by SUMMARY: The Department of advise the Under Secretary of September 15, 2015. The meeting times, Commerce, as part of its continuing Commerce for Oceans and Atmosphere, topics, and speakers are subject to effort to reduce paperwork and the NOAA Administrator, on matters change. For updated information and to respondent burden, invites the general related to the responsibilities and register for the Web conferencing public and other Federal agencies to authorities set forth in section 303 of the service, please refer to http://nautical take this opportunity to comment on Hydrographic Services Improvement charts.noaa.gov/ocs/hsrp/hsrp.htm. proposed and/or continuing information Act of 1998, as amended, and such other collections, as required by the appropriate matters that the Under MATTERS TO BE CONSIDERED: National Paperwork Reduction Act of 1995. Secretary refers to the Panel for review and Federal partners and stakeholders and advice. will present to the HSRP on issues DATES: Written comments must be DATE AND TIME: The public meeting will relevant to NOAA’s navigation services. submitted on or before October 9, 2015. be held from September 16–18, 2015, Navigation services includes the data, ADDRESSES: Direct all written comments September 16, 10:30 a.m. to 6:00 p.m.; products, and services provided by the to Jennifer Jessup, Departmental September 17, 9:00 a.m. to 3:00 p.m.; NOAA programs and activities which Paperwork Clearance Officer, and September 18, 8:00 a.m. to 5:00 undertake geodetic observations, gravity Department of Commerce, Room 6616, p.m. All meetings times are EDT. modeling, shoreline mapping, 14th and Constitution Avenue NW., LOCATION: Silver Spring, MD, with the bathymetric mapping, hydrographic Washington, DC 20230 (or via the meeting location to be posted online at surveying, nautical charting, tide and Internet at [email protected]). the Web site below. Please refer to the water level observations, current FOR FURTHER INFORMATION CONTACT: following Web site for updates on the observations, and marine modeling. Requests for additional information or location, agenda, presentations, This suite of geospatial data, products copies of the information collection speaker’s biographies, and Web and services support safe and efficient instrument and instructions should be conferencing service sign up: http:// navigation, resilient coasts and directed to Douglas Potts, (978) 281– www.nauticalcharts.noaa.gov/ocs/hsrp/ communities, and the nationwide 9341 or [email protected]. meetings.htm and http:// positioning information infrastructure to SUPPLEMENTARY INFORMATION: www.nauticalcharts.noaa.gov/ocs/hsrp/ build America for the future. meetings_washingtondc.htm. I. Abstract The Panel will hear from Federal FOR FURTHER INFORMATION CONTACT: Visit agencies and non-Federal associations This request is for an extension of a the NOAA HSRP Web site at http:// about their mission or business uses for currently approved collection associated www.nauticalcharts.noaa.gov/ocs/hsrp/ NOAA’s navigation services; what value with the Atlantic surfclam and ocean hsrp.htm, or contact Lynne Mersfelder- these services bring; and what quahog fisheries. National Marine Lewis, HSRP Program Manager, improvements could be made to Fisheries Service (NMFS) Greater National Ocean Service (NOS), Office of NOAA’s navigation services. Other Atlantic Region manages these fisheries Coast Survey, NOAA (N/NSD), 1315 business will include reports by the in the Exclusive Economic Zone (EEZ) East West Highway, Silver Spring, of the Northeastern United States HSRP working groups on their progress Maryland 20910; Telephone: 301–713– through the Atlantic Surfclam and or results in response to NOAA’s tasking 2702 ext. 199; Email: lynne.mersfelder@ Ocean Quahog Fishery Management on coastal intelligence and resilience, noaa.gov. Plan (FMP). The Mid-Atlantic Fishery and emerging Arctic priorities. SUPPLEMENTARY INFORMATION: The Management Council prepared the FMP meeting will be open to the public and The Panel will consider input from pursuant to the Magnuson-Stevens public comment periods (on-site) will these discussions to develop Fishery Conservation and Management be scheduled at various times recommendations for the NOAA Under Act (Magnuson-Stevens Act). The throughout the meeting. Public Secretary to improve NOAA’s regulations implementing the FMP are comment periods will be included in navigation services. specified at 50 CFR part 648 subpart E.

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The recordkeeping and reporting Type of Review: Regular submission DEPARTMENT OF COMMERCE requirements at §§ 648.74, 648.75, and (extension of a current information 648.76 form the basis for this collection collection). National Telecommunications and Information Administration of information. We request information Affected Public: Business or other for- from surfclam and ocean quahog profit organizations. individual transferable quota (ITQ) Internet Assigned Numbers Authority permit holders to issue ITQ permits and Estimated Number of Respondents: Stewardship Transition Consolidated to process and track requests from 189. Proposal and Internet Corporation for Assigned Names and Numbers permit holders to transfer quota share or Estimated Time per Response: ITQ cage tags. We also request information Accountability Enhancements; permit application form, review of a Request for Comments from surfclam and ocean quahog ITQ pre-filled ITQ ownership form for permit holders to track and properly renewing entities, ITQ transfer form, 5 AGENCY: National Telecommunications account for surfclam and ocean quahog minutes each; 1 hour to complete the and Information Administration (NTIA), harvest shucked at sea. Because there is ITQ ownership form for new applicants; U.S. Department of Commerce. not a standard conversion factor for and 30 minutes for the application to ACTION: Notice of public comment. estimating unshucked product from shuck surfclams and ocean quahogs at SUMMARY: This notice announces the shucked product, NMFS requires sea. The requirements under the PSP vessels that shuck product at sea to dates of a comment period during which protocol are based on the number of carry on board the vessel a NMFS- the public is invited to provide input on vessels that land surfclams or ocean approved observer to certify the amount two interrelated multistakeholder of these clams harvested. This quahogs and the number of trips taken community proposals. Together, the information, upon receipt, results in an into the area, with a total estimated proposals set forth a plan for efficient and accurate database for annual burden of 2,400 hours. transitioning NTIA’s stewardship role management and monitoring of fisheries Estimated Total Annual Burden over the Internet Assigned Numbers of the Northeastern U.S. EEZ. Hours: 2,538. Authority (IANA) functions. The purpose of this notice is to encourage Georges Bank has been closed to the Estimated Total Annual Cost to interested parties to comment on the harvest of surfclams and ocean quahogs Public: $111,764 in recordkeeping/ two connected proposals—the IANA since 1990 due to red tide blooms that reporting costs. Stewardship Transition Plan and the cause paralytic shellfish poisoning IV. Request for Comments Enhancements to Internet Corporation (PSP). In 2013, a portion of Georges for Assigned Names and Numbers Bank was reopened with certain Comments are invited on: (a) Whether (ICANN) Accountability Related to the restrictions. We request information the proposed collection of information IANA Stewardship Transition. NTIA from surfclam and ocean quahog ITQ is necessary for the proper performance will utilize the input provided in permit holders who fish in the reopened of the functions of the agency, including making its determination of whether the portion of the Georges Bank Closed Area whether the information shall have proposals have received broad to ensure compliance with the Protocol community support and whether the for Onboard Screening and Dockside practical utility; (b) the accuracy of the agency’s estimate of the burden plan satisfies the criteria required to Testing in Molluscan Shellfish. The U.S. transition its stewardship role. Food and Drug Administration, the (including hours and cost) of the DATES: Comments on the IANA commercial fishing industry, and NMFS proposed collection of information; (c) Stewardship Transition Plan are due on developed the PSP protocol to test and ways to enhance the quality, utility, and or before September 8, 2015; comments verify that clams harvested from clarity of the information to be on the Enhancements to ICANN Georges Bank continue to be safe for collected; and (d) ways to minimize the Accountability are due on or before human consumption. The National burden of the collection of information September 12, 2015. Shellfish Sanitation Program adopted on respondents, including through the the PSP protocol at the October 2011 use of automated collection techniques ADDRESSES: Written comments on the Interstate Shellfish Sanitation or other forms of information IANA Stewardship Transition Proposal Conference. technology. should be submitted at https:// www.ianacg.org/calls-for-input/ II. Method of Collection Comments submitted in response to combined-proposal-public-comment- this notice will be summarized and/or period/. Written comments on the Forms are online at included in the request for Office of _ proposed Enhancements to ICANN’s www.nmfs.noaa.gov/gpea forms/ Management and Budget approval of Accountability should be submitted at forms.htm as ‘‘fillable’’ pdf documents, this information collection; they also https://www.icann.org/public- which can then be downloaded, printed, will become a matter of public record. comments/ccwg-accountability-2015-08- and faxed or mailed to NMFS. ITQ 03-en. transfer forms may also be submitted Sarah Brabson, FOR FURTHER INFORMATION CONTACT: electronically. Information for the PSP NOAA PRA Clearance Officer. Ashley Heineman, National protocol is submitted through paper [FR Doc. 2015–19567 Filed 8–7–15; 8:45 am] Telecommunications and Information forms, as well as through electronic BILLING CODE 3510–22–P Administration, U.S. Department of methods, including email, telephone, Commerce, 1401 Constitution Avenue and shipboard electronic equipment NW., Room 4701, Washington, DC such as VHF radio, email, or a vessel 20230; telephone (202) 482–0298; email monitoring system. [email protected]. Please direct III. Data media inquiries to NTIA’s Office of Public Affairs, (202) 482–7002; email OMB Control Number: 0648–0240. [email protected]. Form Number: None. SUPPLEMENTARY INFORMATION:

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Background responsibility to develop an IANA more information should be addressed A July 1, 1997, Executive stewardship transition plan, to: Office of Electricity Delivery and Memorandum directed the Secretary of coordinated by an IANA-Stewardship Energy Reliability, Mail Code: OE–20, 6 Commerce to privatize the Internet’s Coordination Group (ICG). Second, the U.S. Department of Energy, 1000 domain name system (DNS) in a manner community undertook to develop Independence Avenue SW., that increases competition and ICANN accountability enhancements Washington, DC 20585–0350. Because facilitates international participation in deemed necessary prior to the transition of delays in handling conventional mail, its management.1 To fulfill this of NTIA’s stewardship role. These it is recommended that documents be Presidential Directive, the Department accountability enhancements are being transmitted by overnight mail, by of Commerce issued a Statement of developed through a Cross Community electronic mail to Electricity.Exports@ Policy on June 10, 1998, stating that the Working Group on Enhancing ICANN hq.doe.gov, or by facsimile to 202–586– U.S. Government ‘‘is committed to a Accountability (CCWG- 8008. transition that will allow the private Accountability).7 SUPPLEMENTARY INFORMATION: Exports of sector to take leadership for DNS The ICG and CCWG are now seeking electricity from the United States to a management.’’ 2 On March 14, 2014, public comment on their respective foreign country are regulated by the NTIA announced its intent to complete recommendations. Comments provided Department of Energy (DOE) pursuant to the privatization of the DNS.3 In that will be used by NTIA to determine sections 301(b) and 402(f) of the announcement, NTIA called upon whether the proposals satisfy NTIA’s Department of Energy Organization Act ICANN to convene a multistakeholder criteria and have received broad (42 U.S.C. 7151(b), 7172(f)) and require process to develop the transition plan.4 community support. Comments will authorization under section 202(e) of While looking to stakeholders and those also be considered in any NTIA the Federal Power Act (16 U.S.C. most directly served by the IANA certification before the U.S. Congress 824a(e)). functions to work through the technical that may be required prior to On June 17, 2010, DOE issued Order details, NTIA established a clear terminating the existing IANA functions No. EA–367 to the Applicant, which framework to guide the discussion. contract currently in place between authorized the Applicant to transmit Specifically, NTIA communicated to NTIA and ICANN.8 To ensure that all electric energy from the United States to ICANN that the transition proposal must views are taken into consideration, Canada as a power marketer for a five- have broad community support and NTIA encourages interested parties— year term using existing international address the following four principles: including U.S.-based stakeholders—to transmission facilities. That authority • Support and enhance the file written comments by the deadline. expired on June 17, 2015. On July 24, multistakeholder model; Dated: August 4, 2015. 2015, the Applicant filed an application • Maintain the security, stability, and Angela Simpson, with DOE for renewal of the export resiliency of the Internet DNS; • Deputy Assistant Secretary, National authority contained in Order No. EA– Meet the needs and expectation of 367 for an additional five-year term. The the global customers and partners of the Telecommunications and Information Administration. applicant states that it has not engaged IANA services; and in any electricity export transactions to • Maintain the openness of the [FR Doc. 2015–19525 Filed 8–7–15; 8:45 am] Canada since its authorization expired Internet. BILLING CODE 3510–60–P on June 17, 2015, and will not engage Consistent with the clear policy in any until the Department renews its expressed in bipartisan resolutions of authorization to do so. the U.S. Senate and House of DEPARTMENT OF ENERGY In its application, the Applicant also Representatives 5—which affirmed the [OE Docket No. EA–367–A] states that it does not own or operate United States support for the any electric generation or transmission multistakeholder model of Internet Application To Export Electric Energy; facilities, and it does not have a governance—NTIA stated that it will not EDF Trading North America, LLC franchised service area. The electric accept a proposal that replaces the NTIA energy that the Applicant proposes to role with a government-led or an inter- AGENCY: Office of Electricity Delivery export to Canada would be surplus governmental organization solution. In and Energy Reliability, DOE. energy purchased from third parties response to NTIA’s announcement, the ACTION: Notice of application. such as electric utilities and Federal community mobilized two efforts. First, SUMMARY: EDF Trading North America, power marketing agencies pursuant to the IANA customer communities took LLC (Applicant) has applied to renew voluntary agreements. The existing its authority to transmit electric energy 1 Memorandum on Electronic Commerce, 2 Pub. international transmission facilities to Papers 898 (July 1, 1997). from the United States to Canada be utilized by the Applicant have 2 National Telecommunications and Information pursuant to section 202(e) of the Federal previously been authorized by Administration, Management of Internet Names Power Act. Presidential permits issued pursuant to and Addresses, 63 FR 31741 (June 10, 1998), DATES: Executive Order 10485, as amended, available at http://www.ntia.doc.gov/federal- Comments, protests, or motions register-notice/1998/statement-policy-management- to intervene must be submitted on or and are appropriate for open access internet-names-and-addresses. before September 9, 2015. transmission by third parties. 3 See NTIA’s authorities, 15 U.S.C. 1512; 47 ADDRESSES: Comments, protests, Procedural Matters: Any person U.S.C. 902(b)(2)(H). motions to intervene, or requests for desiring to be heard in this proceeding 4 NTIA Announces Intent to Transition Key should file a comment or protest to the Internet Domain Name Functions (Mar. 14, 2014) available at http://www.ntia.doc.gov/press-release/ 6 See IANA Stewardship Transition Coordination application at the address provided 2014/ntia-announces-intent-transition-key-internet- Group, available at https://www.ianacg.org/. above. Protests should be filed in domain-name-functions. 7 See CCWG on Enhancing ICANN accordance with Rule 211 of the Federal 5 A concurrent resolution expressing the sense of Accountability, available at https:// Energy Regulatory Commission’s (FERC) Congress regarding actions to preserve and advance community.icann.org/display/acctcrosscomm/ the multistakeholder governance model under CCWG+on+Enhancing+ICANN+Accountability. Rules of Practice and Procedures (18 which the Internet has thrived, 112th Cong. 2nd 8 DOTCOM Act of 2015, H.R. 805 and S. 1551, CFR 385.211). Any person desiring to sess. S.Con.Res.50 and H.Con.Res.127 (2012). 114th Cong. (2015). become a party to these proceedings

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should file a motion to intervene at the allow for public participation. This copying at http://biomassboard.gov/ above address in accordance with FERC notice announces the meeting of the committee/meetings.html. Rule 214 (18 CFR 385.214). Five copies Biomass Research and Development Issued at Washington, DC, on August 4, of such comments, protests, or motions Technical Advisory Committee. 2015. to intervene should be sent to the DATES: August 27, 2015 8:30 a.m.–5:30 LaTanya R. Butler, address provided above on or before the p.m. Deputy Committee Management Officer. date listed above. August 28, 2015 8:30 a.m.–1:00 p.m. [FR Doc. 2015–19574 Filed 8–7–15; 8:45 am] Comments and other filings ADDRESSES : Omni Shoreham Hotel, BILLING CODE 6450–01–P concerning the Applicant’s application 2500 Calvert Street NW., Washington, to export electric energy to Canada DC 20008. should be clearly marked with OE FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY Docket No. EA–367–A. An additional Elliott Levine, Designated Federal copy is to be provided directly to both Official for the Committee, Office of Federal Energy Regulatory Eric Dennison, EDF Trading North Energy Efficiency and Renewable Commission America, LLC, 4700 West Sam Houston Energy, U.S. Department of Energy, [Docket No. ER15–2267–000] Parkway North, Suite 250, Houston, TX 1000 Independence Avenue SW., 77041 and Kenneth W. Irvin, Sidley Washington, DC 20585; (202) 586–1476; Chevron Power Holdings Inc.; Austin LLP, 1501 K. Street NW., Email: [email protected] and Supplemental Notice That Initial Washington, DC 20005. Roy Tiley at (410) 997–7778 ext. 220; Market-Based Rate Filing Includes A final decision will be made on this Email: [email protected]. Request for Blanket Section 204 application after the environmental SUPPLEMENTARY INFORMATION: Authorization impacts have been evaluated pursuant Purpose of Meeting: To develop This is a supplemental notice in the to DOE’s National Environmental Policy advice and guidance that promotes Act Implementing Procedures (10 CFR above-referenced proceeding of Chevron research and development leading to the Power Holdings Inc.’s application for part 1021, et seq.) and after a production of biobased fuels and determination is made by DOE that the market-based rate authority, with an biobased products. accompanying rate tariff, noting that proposed action will not have an Tentative Agenda: Agenda will such application includes a request for adverse impact on the sufficiency of include the following: supply or reliability of the U.S. electric blanket authorization, under 18 CFR • Update on USDA Biomass R&D power supply system. part 34, of future issuances of securities Activities and assumptions of liability. Copies of this application will be • Update on DOE Biomass R&D made available, upon request, for public Any person desiring to intervene or to Activities protest should file with the Federal inspection and copying at the address • Update the Biomass Research and provided above, by accessing the Energy Regulatory Commission, 888 Development Initiative First Street NE., Washington, DC 20426, program Web site at http://energy.gov/ • Panel on Measuring Environmental node/11845, or by emailing Angela Troy in accordance with Rules 211 and 214 Indicators and Assessment of the Commission’s Rules of Practice at [email protected]. • Panel on Economic and Bioeconomy and Procedure (18 CFR 385.211 and Market Development Issued in Washington, DC, on August 4, 385.214). Anyone filing a motion to 2015. • Panel on Biomass Resource Development intervene or protest must serve a copy Christopher Lawrence, of that document on the Applicant. Electricity Policy Analyst, Office of Electricity Public Participation: In keeping with Notice is hereby given that the Delivery and Energy Reliability. procedures, members of the public are deadline for filing protests with regard [FR Doc. 2015–19642 Filed 8–7–15; 8:45 am] welcome to observe the business of the to the applicant’s request for blanket BILLING CODE 6450–01–P Biomass Research and Development authorization, under 18 CFR part 34, of Technical Advisory Committee. To future issuances of securities and attend the meeting and/or to make oral assumptions of liability, is August 24, DEPARTMENT OF ENERGY statements regarding any of the items on 2015. the agenda, you must contact Elliott The Commission encourages Energy Efficiency and Renewable Levine at 202–586–1476; Email: electronic submission of protests and Energy [email protected] and Roy Tiley interventions in lieu of paper, using the at (410) 997–7778 ext. 220; Email: Biomass Research and Development FERC Online links at http:// [email protected] at least 5 business Technical Advisory Committee www.ferc.gov. To facilitate electronic days prior to the meeting. Members of service, persons with Internet access AGENCY: Energy Efficiency and the public will be heard in the order in who will eFile a document and/or be Renewable Energy, Department of which they sign up at the beginning of listed as a contact for an intervenor Energy the meeting. Reasonable provision will must create and validate an ACTION: Notice of open meeting. be made to include the scheduled oral eRegistration account using the statements on the agenda. The Co-chairs eRegistration link. Select the eFiling SUMMARY: This notice announces an of the Committee will make every effort link to log on and submit the open meeting of the Biomass Research to hear the views of all interested intervention or protests. and Development Technical Advisory parties. If you would like to file a Persons unable to file electronically Committee under Section 9008(d) of the written statement with the Committee, should submit an original and 5 copies Food, Conservation, and Energy Act of you may do so either before or after the of the intervention or protest to the 2008 amended by the Agricultural Act meeting. The Co-chairs will conduct the Federal Energy Regulatory Commission, of 2014. The Federal Advisory meeting to facilitate the orderly conduct 888 First Street NE., Washington, DC Committee Act (Public Law 92–463, 86 of business. 20426. Stat. 770) requires that agencies publish Minutes: The minutes of the meeting The filings in the above-referenced these notices in the Federal Register to will be available for public review and proceeding are accessible in the

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Commission’s eLibrary system by esubscription.asp to be notified via FERC–725G1 and is making this clicking on the appropriate link in the email of new filings and issuances notation in its submittal to OMB. above list. They are also available for related to this or other pending projects. DATES: Comments on the collection of electronic review in the Commission’s For assistance, contact FERC Online information are due by September 9, Public Reference Room in Washington, Support. 2015. DC. There is an eSubscription link on Any comments should be filed within ADDRESSES: Comments filed with OMB, the Web site that enables subscribers to 30 days from the date of this notice. identified by the FERC–725G1 receive email notification when a Comments may be filed electronically information should be sent via email to document is added to a subscribed via the Internet. See 18 CFR the Office of Information and Regulatory docket(s). For assistance with any FERC 385.2001(a)(1)(iii) and the instructions Affairs: [email protected]. Online service, please email on the Commission’s Web site http:// Attention: Federal Energy Regulatory [email protected]. or call www.ferc.gov/docs-filing/efiling.asp. Commission Desk Officer. The Desk (866) 208–3676 (toll free). For TTY, call Commenters can submit brief comments Officer may also be reached via (202) 502–8659. up to 6,000 characters, without prior telephone at 202–395–4718. Dated: August 4, 2015. registration, using the eComment system A copy of the comments should also Nathaniel J. Davis, Sr., at http://www.ferc.gov/docs-filing/ be sent to the Commission, in Docket ecomment.asp. You must include your Deputy Secretary. No. RD14–14–000, by either of the name and contact information at the end [FR Doc. 2015–19554 Filed 8–7–15; 8:45 am] following methods: of your comments. For assistance, • eFiling at Commission’s Web site: BILLING CODE 6717–01–P please contact FERC Online Support. http://www.ferc.gov/docs-filing/ Although the Commission strongly efiling.asp. encourages electronic filing, documents • DEPARTMENT OF ENERGY Mail/Hand Delivery/Courier: may also be paper-filed. To paper-file, Federal Energy Regulatory Commission, Federal Energy Regulatory mail an original and five copies to: Secretary of the Commission, 888 First Commission Kimberly D. Bose, Secretary, Federal Street NE., Washington, DC 20426. Energy Regulatory Commission, 888 Instructions: All submissions must be [Project No. 13629–002] First Street NE., Washington, DC 20426. formatted and filed in accordance with For further information, contact Jim submission guidelines at: http:// Coleman Hydro, LLC; Notice of Hastreiter at (503) 552–2760. Availability of Draft Environmental www.ferc.gov/help/submission- Assessment Dated: August 4, 2015. guide.asp. For user assistance contact Nathaniel J. Davis, Sr., FERC Online Support by email at In accordance with the National Deputy Secretary. [email protected], or by phone at: (866) 208–3676 (toll-free), or (202) Environmental Policy Act of 1969 and [FR Doc. 2015–19557 Filed 8–7–15; 8:45 am] the Federal Energy Regulatory 502–8659 for TTY. BILLING CODE 6717–01–P Commission’s (Commission) Docket: Users interested in receiving regulations, 18 CFR part 380 (Order No. automatic notification of activity in this 486, 52 FR 47897), the Office of Energy DEPARTMENT OF ENERGY docket or in viewing/downloading Projects has reviewed the application comments and issuances in this docket for an original license to construct the Federal Energy Regulatory may do so at http://www.ferc.gov/docs- Coleman Hydroelectric Project, located Commission filing/docs-filing.asp. on Little Timber Creek near the Town of FOR FURTHER INFORMATION CONTACT: Leadore, in Lemhi County, , and [Docket No. RD14–14–000] Ellen Brown may be reached by email has prepared a Draft Environmental Commission Information Collection at [email protected], by Assessment (EA) for the project. The Activities; (FERC–725G1); Comment telephone at (202) 502–8663, and by fax project would not occupy any federal Request at (202) 273–0873. lands. SUPPLEMENTARY INFORMATION: The draft EA includes staff’s analysis AGENCY: Federal Energy Regulatory Type of Request: Three-year extension of the potential environmental impacts Commission. of the information collection of the project and concludes that ACTION: Comment request. requirements for all collections licensing the project, with appropriate described below with no changes to the environmental protective measures, SUMMARY: In compliance with the current reporting requirements. Please would not constitute a major federal requirements of the Paperwork note that each collection is distinct from action that would significantly affect the Reduction Act of 1995, 44 U.S.C. the next. quality of the human environment. 3507(a)(1)(D), the Federal Energy Comments: Comments are invited on: A copy of the draft EA is available for Regulatory Commission (Commission or (1) Whether the collections of review at the Commission in the Public FERC) is submitting its information information are necessary for the proper Reference Room or may be viewed on collections FERC–725G1 to the Office of performance of the functions of the the Commission’s Web site at http:// Management and Budget (OMB) for Commission, including whether the www.ferc.gov using the ‘‘eLibrary’’ link. review of the information collection information will have practical utility; Enter the docket number excluding the requirements. Any interested person (2) the accuracy of the agency’s last three digits in the docket number may file comments directly with OMB estimates of the burden and cost of the field to access the document. For and should address a copy of those collections of information, including the assistance, contact FERC Online comments to the Commission as validity of the methodology and Support at FERCOnlineSupport@ explained below. The Commission assumptions used; (3) ways to enhance ferc.gov, or toll-free at 1–866–208–3676, previously issued a Notice in the the quality, utility and clarity of the or for TTY, (202) 502–8659. Federal Register on 5/13/2015 information collections; and (4) ways to You may also register online at requesting public comments. The minimize the burden of the collections http://www.ferc.gov/docs-filing/ Commission received no comments on of information on those who are to

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respond, including the use of automated Generation Protection System), requires Type of Respondent: Businesses or collection techniques or other forms of transmission owners, generator owners, other for-profit institutions; not-for- information technology. and distribution providers to identify profit institutions. Title: Proposed revisions FERC–725; and correct causes of misoperations of Estimate of Annual Burden: proposed new collection FERC–725G1 certain protection systems. NERC also Reliability Standard PRC–004–3 (Certification of the Electric Reliability requests approval of two new terms requires each transmission owner, Organization and Procedures for the utilized in the proposed Reliability generator owner, and distribution Establishment, Approval and Standard, to be included in NERC’s provider to provide notification of BES Enforcement of Electric Reliability Glossary of Terms Used in NERC interrupting devices that operated in Standards; Mandatory Reliability Reliability Standards (NERC Glossary). 3 Standards for the Bulk-Power System: Finally, NERC requests approval of its accordance with the Requirement R2. Reliability Standard PRC–004–3). implementation plan for Reliability Our estimate below regarding the OMB Control No.: 1902–0269 (FERC– Standard PRC–004–3, including the number of respondents is based on the 725); TBD (FERC–725G1). retirement of Reliability Standards PRC– NERC Compliance Registry as of January Abstract: On September 15, 2014, the 004–2.1a and PRC–003–1, as well as 30, 2015. According to the NERC North American Electric Reliability approval of the associated Violation Compliance Registry, NERC has Corporation (NERC) submitted a Risk Factors (VRFs) and Violation registered in the United States 326 petition seeking approval of a revised Severity Levels (VSLs). FERC transmission owners (TO), 914 generator Protection and Control (PRC) Reliability determined that revised Reliability owners (GO), and 471 distribution Standard PRC–004–3—Protection Standard PRC–004–3, including the providers (DP). However, under NERC’s System Misoperation Identification and associated new Glossary terms and compliance registration program, Correction, pursuant to section 215(d)(1) implementation plan, is just, reasonable, entities may be registered for multiple of the Federal Power Act (FPA) 1 and not unduly discriminatory or functions, so these numbers incorporate section 39.5 of the Commission’s preferential and in the public interest. some double counting. The total number regulations.2 The revised Reliability We accept the violation severity levels of unique entities that may be identified Standard, which replaces Reliability associated with the standard as as a notification provider (e.g., Standards PRC–004–2.1a (Analysis and proposed by NERC, however, we direct applicable entity) in accordance with Mitigation of Transmission and NERC to submit a compliance filing, Reliability Standard PRC–004–3 will be Generation Protection System within 60 days of issuance of this order, approximately 659 entities registered in Misoperations) and PRC–003–1 to address the Commission’s concerns the United States as a transmission (Regional Procedures for Analysis of with the VRF designations for owner, generator owner, and/or Misoperations of Transmission and Requirements R1 through R6. distribution provider. FERC–725G1 4

Annual Total Average Total annual Cost per Number of number of number of burden & cost burden hours respondent respondents responses per 5 & total annual espondent responses per response cost ($)

(1) (2) (1)*(2)=(3) (4) (3)*(4)=(5) (5)÷(1)

Notifications to TO/GO/DP per Require- ment R2 ...... 659 1 659 8 5,272 584 $584 $384,856 One-time review and adjustment of exist- ing program ...... 659 1 659 2 1,318 146 $146 $96,214 Evidence Retention ...... 659 1 659 12 7,908 384 $384 $253,056

Total ...... 14,498 1,114 $734,126

1 16 U.S.C. § 824o(d)(1) (2012). 4 FERC–725G is a currently pending request at of the salary plus benefits for a manager and an 2 18 CFR § 39.5 (2014). OMB. Only one submittal can be pending OMB engineer (rounded to the nearest dollar); $32/hour 3 Requirement R2—Each Transmission Owner, review under each control number, therefore, is the salary plus benefits for information and Generator Owner, and Distribution Provider that FERC–725G1 will be used for timely submittal. record clerks. The figures are taken from the Bureau 5 owns a BES interrupting device that operated shall, The estimates for cost per response are derived of Labor Statistics at http://bls.gov/oes/current/ within 120 calendar days of the BES interrupting using the following formula: Average Burden Hours naics3_221000.htm. device operation, provide notification as described per Response * $n per Hour = Average Cost per in Parts 2.1 and 2.2. Response. The $73 hourly cost figure is the average

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Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic Dated: August 4, 2015. 888 First Street NE., Washington, DC service, persons with Internet access Nathaniel J. Davis, Sr., 20426. who will eFile a document and/or be This filing is accessible on-line at listed as a contact for an intervenor Deputy Secretary. http://www.ferc.gov, using the must create and validate an [FR Doc. 2015–19559 Filed 8–7–15; 8:45 am] ‘‘eLibrary’’ link and is available for eRegistration account using the BILLING CODE 6717–01–P review in the Commission’s Public eRegistration link. Select the eFiling Reference Room in Washington, DC. link to log on and submit the DEPARTMENT OF ENERGY There is an ‘‘eSubscription’’ link on the intervention or protests. Web site that enables subscribers to Persons unable to file electronically Federal Energy Regulatory receive email notification when a should submit an original and 5 copies Commission document is added to a subscribed of the intervention or protest to the docket(s). For assistance with any FERC Federal Energy Regulatory Commission, [Docket No. OR15–33–000] Online service, please email 888 First Street NE., Washington, DC Wolverine Pipe Line Company; Notice [email protected], or call 20426. The filings in the above-referenced of Petition for Declaratory Order (866) 208–3676 (toll free). For TTY, call (202) 502–8659. proceeding are accessible in the Take notice that on July 31, 2015, Comment Date: 5:00 p.m. Eastern time Commission’s eLibrary system by pursuant to Rule 207(a)(2) of the Federal on August 31, 2015. clicking on the appropriate link in the Energy Regulatory Commission’s Dated: August 4, 2015. above list. They are also available for (Commission) Rules of Practice and electronic review in the Commission’s J. Davis, Sr., Procedure, 18 CFR 385.207(a)(2) (2014), Public Reference Room in Washington, Wolverine Pipe Line Company filed a Deputy Secretary. DC. There is an eSubscription link on petition for declaratory order seeking [FR Doc. 2015–19556 Filed 8–7–15; 8:45 am] the Web site that enables subscribers to approval of proposed priority service BILLING CODE 6717–01–P receive email notification when a terms, committed rate structure and document is added to a subscribed contract provisions underlying Detroit docket(s). For assistance with any FERC Metro System project, designed to DEPARTMENT OF ENERGY Online service, please email transport refined petroleum products Federal Energy Regulatory [email protected] or call from Chicago area refineries in Illinois Commission (866) 208–3676 (toll free). For TTY, call and Indiana to Buckeye Partners’ (202) 502–8659. [Docket No. ER15–2270–000] Woodhaven terminal in Michigan. Dated: August 4, 2015. Any person desiring to intervene or to Nathaniel J. Davis, Sr., protest this filing must file in Thunder Spirit Wind, LLC; accordance with Rules 211 and 214 of Supplemental Notice That Initial Deputy Secretary. the Commission’s Rules of Practice and Market-Based Rate Filing Includes [FR Doc. 2015–19555 Filed 8–7–15; 8:45 am] Procedure (18 CFR 385.211, 385.214). Request for Blanket Section 204 BILLING CODE 6717–01–P Protests will be considered by the Authorization Commission in determining the This is a supplemental notice in the DEPARTMENT OF ENERGY appropriate action to be taken, but will above-referenced proceeding of Thunder not serve to make protestants parties to Spirit Wind, LLC’s application for Federal Energy Regulatory the proceeding. Any person wishing to market-based rate authority, with an Commission become a party must file a notice of accompanying rate tariff, noting that intervention or motion to intervene, as such application includes a request for Combined Notice of Filings appropriate. Such notices, motions, or blanket authorization, under 18 CFR Take notice that the Commission has protests must be filed on or before the part 34, of future issuances of securities comment date. Anyone filing a motion received the following Natural Gas and assumptions of liability. Pipeline Rate and Refund Report filings: to intervene or protest must serve a copy Any person desiring to intervene or to of that document on the Petitioner. protest should file with the Federal Filings Instituting Proceedings The Commission encourages Energy Regulatory Commission, 888 electronic submission of protests and Docket Numbers: RP15–1145–000. First Street NE., Washington, DC 20426, interventions in lieu of paper using the Applicants: Big Sandy Pipeline, LLC. in accordance with Rules 211 and 214 ‘‘eFiling’’ link at http://www.ferc.gov. Description: Compliance filing Big of the Commission’s Rules of Practice Persons unable to file electronically Sandy Fuel Filing effective 9–1–2015. and Procedure (18 CFR 385.211 and Filed Date: 7/30/15. should submit an original and 5 copies 385.214). Anyone filing a motion to Accession Number: 20150730–5045. of the protest or intervention to the intervene or protest must serve a copy Comments Due: 5 p.m. ET 8/11/15. of that document on the Applicant. 4 FERC–725G is a currently pending request at Docket Numbers: RP15–1146–000. OMB. Only one submittal can be pending OMB Notice is hereby given that the Applicants: Florida Gas Transmission review under each control number, therefore, deadline for filing protests with regard Company, LLC. FERC–725G1 will be used for timely submittal. to the applicant’s request for blanket Description: Section 4(d) Rate Filing: 5 The estimates for cost per response are derived authorization, under 18 CFR part 34, of Exhibit B Amendment—Port Everglades using the following formula: Average Burden Hours per Response * $n per Hour = Average Cost per future issuances of securities and to be effective 8/1/2015. Response. The $73 hourly cost figure is the average assumptions of liability, is August 24, Filed Date: 7/30/15. of the salary plus benefits for a manager and an 2015. Accession Number: 20150730–5057. engineer (rounded to the nearest dollar); $32/hour The Commission encourages Comments Due: 5 p.m. ET 8/11/15. is the salary plus benefits for information and record clerks. The figures are taken from the Bureau electronic submission of protests and Docket Numbers: RP15–1147–000. of Labor Statistics at http://bls.gov/oes/current/ interventions in lieu of paper, using the Applicants: Horizon Pipeline naics3_221000.htm. FERC Online links at http:// Company, L.L.C.

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Description: Section 4(d) Rate Filing: Description: Section 4(d) Rate Filing: Filed Date: 7/31/15. Main Line Generation Negotiated Rate DTI—July 31, 2015 Negotiated Rate Accession Number: 20150731–5100. Filing to be effective 9/1/2015. Agreements & Administrative Change to Comments Due: 5 p.m. ET 8/12/15. Filed Date: 7/30/15. be effective 8/1/2015. Docket Numbers: RP15–1162–000. Accession Number: 20150730–5059. Filed Date: 7/31/15. Applicants: Gulf South Pipeline Comments Due: 5 p.m. ET 8/11/15. Accession Number: 20150731–5046. Company, LP. Docket Numbers: RP15–1148–000. Comments Due: 5 p.m. ET 8/12/15. Description: Section 4(d) Rate Filing: Applicants: Transcontinental Gas Docket Numbers: RP15–1155–000. Amendment to Neg Rate Agmt (Mobile Pipe Line Company. Applicants: ANR Storage Company. 38531–2) to be effective 8/1/2015. Description: Section 4(d) Rate Filing: Description: Section 4(d) Rate Filing: Filed Date: 7/31/15. S–2 Tracker Effective 8–1–2015 to be United Energy Trading LLC FS Agmt to Accession Number: 20150731–5107. effective 8/1/2015. be effective 8/1/2015. Comments Due: 5 p.m. ET 8/12/15. Filed Date: 7/30/15. Filed Date: 7/31/15. Docket Numbers: RP15–1163–000. Accession Number: 20150730–5159. Accession Number: 20150731–5049. Applicants: Great Lakes Gas Comments Due: 5 p.m. ET 8/11/15. Comments Due: 5 p.m. ET 8/12/15. Transmission Limited Par. Docket Numbers: RP15–1149–000. Docket Numbers: RP15–1156–000. Description: Great Lakes Gas Applicants: El Paso Natural Gas Applicants: Gulf South Pipeline Transmission Semi-Annual Company, L.L.C. Company, LP. Transporter’s Use Report. Description: Section 4(d) Rate Filing: Description: Section 4(d) Rate Filing: Filed Date: 7/31/15. Negotiated Rate Agreement Update Amendments to Neg Rate Agmts (QEP Accession Number: 20150731–5112. (APS August 2015) to be effective 8/1/ 36601–52, 37657–165) to be effective 8/ Comments Due: 5 p.m. ET 8/12/15. 2015. 1/2015. Docket Numbers: RP15–1164–000. Filed Date: 7/30/15. Filed Date: 7/31/15. Applicants: Gulf States Transmission Accession Number: 20150730–5179. Accession Number: 20150731–5067. LLC. Comments Due: 5 p.m. ET 8/11/15. Comments Due: 5 p.m. ET 8/12/15. Description: Tariff Cancellation: Docket Numbers: RP15–1150–000. Docket Numbers: RP15–1157–000. Cancel entire First Revised Volume No. Applicants: Transcontinental Gas Applicants: Gulf South Pipeline 1 to be effective 9/1/2015. Pipe Line Company. Company, LP. Filed Date: 7/31/15. Description: Section 4(d) Rate Filing: Description: Section 4(d) Rate Filing: Accession Number: 20150731–5128. Non-Conforming Agreements_Virginia Amendment to Neg Rate Agmt (Entergy Comments Due: 5 p.m. ET 8/12/15. Southside to be effective 9/1/2015. 40489–3) to be effective 8/1/2015. Docket Numbers: RP15–1165–000. Filed Date: 7/30/15. Filed Date: 7/31/15. Applicants: Texas Eastern Accession Number: 20150730–5193. Accession Number: 20150731–5069. Transmission, LP. Comments Due: 5 p.m. ET 8/11/15. Comments Due: 5 p.m. ET 8/12/15. Description: Section 4(d) Rate Filing: Docket Numbers: RP15–1151–000. Docket Numbers: RP15–1158–000. U2GC 9–1–2015 Non-conforming Applicants: Transcontinental Gas Applicants: Gulf South Pipeline Agreements to be effective 9/1/2015. Pipe Line Company. Company, LP. Filed Date: 7/31/15. Description: Section 4(d) Rate Filing: Description: Compliance filing New Accession Number: 20150731–5148. Update List of Non-Conforming Service Ambient Winter Firm Transportation Comments Due: 5 p.m. ET 8/12/15. Agreements (VA Southside) to be Service to be effective 7/1/2016. Docket Numbers: RP15–1166–000. effective 9/1/2015. Filed Date: 7/31/15. Applicants: Rockies Express Pipeline Filed Date: 7/30/15. Accession Number: 20150731–5071. LLC. Accession Number: 20150730–5207. Comments Due: 5 p.m. ET 8/12/15. Description: Section 4(d) Rate Filing: Comments Due: 5 p.m. ET 8/11/15. Docket Numbers: RP15–1159–000. 2015–07–31 Tariff Updates to be Docket Numbers: RP15–1152–000. Applicants: Northern Natural Gas effective 8/1/2015. Applicants: Transcontinental Gas Company. Filed Date: 7/31/15. Pipe Line Company. Description: Section 4(d) Rate Filing: Accession Number: 20150731–5155. Description: Section 4(d) Rate Filing: 20150731 Negotiated Rate to be effective Comments Due: 5 p.m. ET 8/12/15. Negotiated Rates—Cherokee AGL— 8/1/2015. Docket Numbers: RP15–1167–000. Replacement Shippers—Aug 2015 to be Filed Date: 7/31/15. Applicants: Columbia Gas effective 8/1/2015. Accession Number: 20150731–5089. Transmission, LLC. Filed Date: 7/30/15. Comments Due: 5 p.m. ET 8/12/15. Description: Section 4(d) Rate Filing: Accession Number: 20150730–5209. Docket Numbers: RP15–1160–000. Negotiated Rate Agreement—SWN Comments Due: 5 p.m. ET 8/11/15. Applicants: Gulf States Transmission Amendment to be effective 9/1/2015. Docket Numbers: RP15–1153–000. LLC. Filed Date: 7/31/15. Applicants: Gulf South Pipeline Description: Section 4(d) Rate Filing: Accession Number: 20150731–5161. Company, LP. New Volume with Housekeeping to be Comments Due: 5 p.m. ET 8/12/15. Description: Section 4(d) Rate Filing: effective 9/1/2015. Docket Numbers: RP15–1168–000. Cap Rel Neg Rate Agmts (Atlanta 8438 Filed Date: 7/31/15. Applicants: Millennium Pipeline to various eff 8–1–15) to be effective 8/ Accession Number: 20150731–5098. Company, LLC. 1/2015. Comments Due: 5 p.m. ET 8/12/15. Description: Section 4(d) Rate Filing: Filed Date: 7/31/15. Docket Numbers: RP15–1161–000. Negotiated Rate Service Agmt— Accession Number: 20150731–5023. Applicants: Wyoming Interstate Columbia, 150632 to be effective 9/1/ Comments Due: 5 p.m. ET 8/12/15. Company, L.L.C. 2015. Docket Numbers: RP15–1154–000. Description: Section 4(d) Rate Filing: Filed Date: 7/31/15. Applicants: Dominion Transmission, FL&U to be effective Sept 1, 2015 to be Accession Number: 20150731–5164. Inc. effective 9/1/2015. Comments Due: 5 p.m. ET 8/12/15.

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Docket Numbers: RP15–1169–000. Filed Date: 7/31/15. DEPARTMENT OF ENERGY Applicants: Guardian Pipeline, L.L.C. Accession Number: 20150731–5281. Description: Section 4(d) Rate Filing: Comments Due: 5 p.m. ET 8/12/15. Federal Energy Regulatory Terminated Negotiated Rate PAL Any person desiring to intervene or Commission Agreements—Koch Energy Services, protest in any of the above proceedings Murphy Dam, LLC; Notice Granting LLC to be effective 8/31/2015. must file in accordance with Rules 211 Late Intervention Filed Date: 7/31/15. and 214 of the Commission’s Accession Number: 20150731–5182. Regulations (18 CFR 385.211 and On April 21, 2015, Commission staff Comments Due: 5 p.m. ET 8/12/15. 385.214) on or before 5:00 p.m. Eastern issued a public notice for Murphy Dam, Docket Numbers: RP15–1170–000. time on the specified comment date. LLC’s preliminary permit application to Applicants: Gulf South Pipeline Protests may be considered, but study the feasibility of the Murphy Dam Company, LP. intervention is necessary to become a Hydroelectric Project No. 14670. The Description: Section 4(d) Rate Filing: party to the proceeding. proposed project would be located on Amendment to NC Agmt and Remove Filings in Existing Proceedings the Connecticut River, near Pittsburg, Expired Agmts and References to be Coos County, New Hampshire. effective 8/1/2015. Docket Numbers: RP10–996–000. The notice established June 20, 2015, Filed Date: 7/31/15. Applicants: Dominion Cove Point as the deadline to file motions to Accession Number: 20150731–5184. LNG, LP. intervene. On July 22, 2015, the Comments Due: 5 p.m. ET 8/12/15. Description: Report Filing: DCP–2015 Connecticut River Watershed Council, Docket Numbers: RP15–1171–000. Report of Operational Sales and Inc. filed a late motion to intervene in Applicants: Algonquin Gas Purchases of Gas. the proceeding. Pursuant to Rule 214 of Transmission, LLC, Big Sandy Pipeline, Filed Date: 7/31/15. the Commission’s Rules of Practice and LLC, Bobcat Gas Storage, East Tennessee Accession Number: 20150731–5039. Procedure,1 the late motion to intervene Natural Gas, LLC, Egan Hub Storage, Comments Due: 5 p.m. ET 8/12/15. is granted, subject to the Commission’s LLC, Maritimes & Northeast Pipeline, Docket Numbers: RP11–2631–000. Rules and Regulations. L.L.C., Ozark Gas Transmission, L.L.C., Applicants: Colorado Interstate Gas Dated: August 4, 2015. Saltville Gas Storage Company L.L.C., Company. Nathaniel J. Davis, Sr., Southeast Supply Header, LLC, Texas Description: Colorado Interstate Gas Eastern Transmission, LP. Company, L.L.C. submits report Deputy Secretary. Description: Compliance filing describing the withdrawal performance [FR Doc. 2015–19558 Filed 8–7–15; 8:45 am] Spectra Energy Pipelines Request for of the Totem Storage Field during the BILLING CODE 6717–01–P Waiver for LINK System Outage. 2014–2015 storage season. Filed Date: 7/31/15. Filed Date: 7/31/15. Accession Number: 20150731–5185. Accession Number: 20150731–5060. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 8/5/15. Comments Due: 5 p.m. ET 8/12/15. Federal Energy Regulatory Docket Numbers: RP15–1172–000. Docket Numbers: RP15–1057–001. Commission Applicants: Rockies Express Pipeline Applicants: Destin Pipeline Company, LLC. L.L.C. Combined Notice of Filings Description: Section 4(d) Rate Filing: Description: Compliance filing Asset Neg Rates 2015–07–31 Encana, et al. to Management Arrangements new Take notice that the Commission has be effective 8/1/2015. effective date to be effective 7/13/2015. received the following Natural Gas Filed Date: 7/31/15. Filed Date: 7/31/15. Pipeline Rate and Refund Report filings: Accession Number: 20150731–5189. Accession Number: 20150731–5191. Filings Instituting Proceedings Comments Due: 5 p.m. ET 8/12/15. Comments Due: 5 p.m. ET 8/12/15. Docket Numbers: PR15–39–000. Docket Numbers: RP15–1173–000. Any person desiring to protest in any Applicants: Texas Eastern Applicants: Northern Illinois Gas of the above proceedings must file in Company. Transmission, LP. accordance with Rule 211 of the Description: Compliance filing U2GC Description: Submits tariff filing per Commission’s Regulations (18 CFR In-service Compliance Filing—Docket 284.123(b)(2) + (g): Petition for Rate 385.211) on or before 5:00 p.m. Eastern CP14–104–000 to be effective 9/1/2015. Approval to be effective 9/1/2015; Filing time on the specified comment date. Filed Date: 7/31/15. Type: 1310. The filings are accessible in the Accession Number: 20150731–5229. Filed Date: 7/30/15. Commission’s eLibrary system by Comments Due: 5 p.m. ET 8/12/15. Accession Number: 20150730–5078. clicking on the links or querying the Comments Due: 5 p.m. ET 8/20/15. Docket Numbers: RP15–1174–000. docket number. Applicants: Equitrans, L.P. 284.123(g) Protests Due: 5 p.m. ET 9/ eFiling is encouraged. More detailed 28/15. Description: Section 4(d) Rate Filing: information relating to filing Negotiated Capacity Release requirements, interventions, protests, Docket Numbers: RP15–1176–000. Agreements—08/01/2015 to be effective service, and qualifying facilities filings Applicants: Transcontinental Gas 8/1/2015. can be found at: http://www.ferc.gov/ Pipe Line Company. Filed Date: 7/31/15. docs-filing/efiling/filing-req.pdf. For Description: Compliance filing Report Accession Number: 20150731–5261. other information, call (866) 208–3676 of Refund Transco’s GSS LSS Customer Comments Due: 5 p.m. ET 8/12/15. (toll free). For TTY, call (202) 502–8659. Share of DTI Penalty Revenue 2015. Docket Numbers: RP15–1175–000. Filed Date: 8/3/15. Applicants: Columbia Gas Dated: August 3, 2015. Accession Number: 20150803–5204. Transmission, LLC. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 8/17/15. Description: Columbia Gas Deputy Secretary. Docket Numbers: RP15–1177–000. Transmission, LLC submits Off System [FR Doc. 2015–19553 Filed 8–7–15; 8:45 am] Capacity Request under RP15–1175. BILLING CODE 6717–01–P 1 18 CFR 385.214 (2014).

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Applicants: Tennessee Gas Pipeline dockets and announces the availability Programs, Environmental Protection Company, L.L.C. of EPA’s proposed interim registration Agency, 1200 Pennsylvania Ave. NW., Description: Section 4(d) Rate Filing: review decisions for 2-propen-1- Washington, DC 20460–0001; telephone Clean-Up Filing—2015 to be effective 9/ aminium, N,N-dimethyl-N-2-propenyl-, number: (703) 308–8015; email address: 1/2015. chloride, homopolymer (or [email protected]. Filed Date: 8/3/15. homopolymer) and tributyltin oxide (or SUPPLEMENTARY INFORMATION: Accession Number: 20150803–5256. TBTO); and also opens the docket, Comments Due: 5 p.m. ET 8/17/15. announces the availability of the draft I. General Information Docket Numbers: RP15–1178–000. human health and ecological risk A. Does this action apply to me? Applicants: Cimarron River Pipeline, assessments, and announces the LLC. proposed interim registration review This action is directed to the public Description: Section 4(d) Rate Filing: decision for dipropyl in general, and may be of interest to a Fuel Tracker 2015—Winter Season isocinchomeronate. Registration review wide range of stakeholders including Rates to be effective 11/1/2015. is EPA’s periodic review of pesticide environmental, human health, farm Filed Date: 8/4/15. registrations to ensure that each worker, and agricultural advocates; the Accession Number: 20150804–5000. pesticide continues to satisfy the chemical industry; pesticide users; and Comments Due: 5 p.m. ET 8/17/15. statutory standard for registration, that members of the public interested in the The filings are accessible in the is, that the pesticide can perform its sale, distribution, or use of pesticides. Commission’s eLibrary system by intended function without unreasonable Since others also may be interested, the clicking on the links or querying the adverse effects on human health or the Agency has not attempted to describe all docket number. environment. Through this program, the specific entities that may be affected Any person desiring to intervene or EPA is ensuring that each pesticide’s by this action. If you have any questions protest in any of the above proceedings registration is based on current regarding the applicability of this action must file in accordance with Rules 211 scientific and other knowledge, to a particular entity, consult the and 214 of the Commission’s including its effects on human health Chemical Review Manager for the Regulations (18 CFR 385.211 and and the environment. pesticide of interest identified in the 385.214) on or before 5:00 p.m. Eastern DATES: Comments must be received on table in Unit II. time on the specified comment date. or before October 9, 2015. Protests may be considered, but B. What should I consider as I prepare ADDRESSES: Submit your comments, my comments for EPA? intervention is necessary to become a identified by the docket identification party to the proceeding. (ID) number for the specific pesticide of 1. Submitting CBI. Do not submit this eFiling is encouraged. More detailed interest provided in the table in Unit information to EPA through information relating to filing II.A., by one of the following methods: regulations.gov or email. Clearly mark requirements, interventions, protests, • Federal eRulemaking Portal: http:// the part or all of the information that service, and qualifying facilities filings www.regulations.gov. Follow the online you claim to be CBI. For CBI can be found at: http://www.ferc.gov/ instructions for submitting comments. information in a disk or CD–ROM that docs-filing/efiling/filing-req.pdf. For Do not submit electronically any you mail to EPA, mark the outside of the other information, call (866) 208–3676 information you consider to be disk or CD–ROM as CBI and then (toll free). For TTY, call (202) 502–8659. Confidential Business Information (CBI) identify electronically within the disk or Dated: August 4, 2015. or other information whose disclosure is CD–ROM the specific information that Nathaniel J. Davis, Sr., restricted by statute. is claimed as CBI. In addition to one • Deputy Secretary. Mail: OPP Docket, Environmental complete version of the comment that includes information claimed as CBI, a [FR Doc. 2015–19563 Filed 8–7–15; 8:45 am] Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. copy of the comment that does not BILLING CODE 6717–01–P NW., Washington, DC 20460–0001. contain the information claimed as CBI • Hand Delivery: To make special must be submitted for inclusion in the arrangements for hand delivery or public docket. Information so marked ENVIRONMENTAL PROTECTION delivery of boxed information, please will not be disclosed except in AGENCY follow the instructions at http:// accordance with procedures set forth in [EPA–HQ–OPP–2015–0099; FRL–9929–22] www.epa.gov/dockets/contacts.html. 40 CFR part 2. Additional instructions on commenting 2. Tips for preparing your comments. Registration Review Proposed Interim or visiting the docket, along with more When preparing and submitting your Decisions; Notice of Availability information about dockets generally, is comments, see the commenting tips at AGENCY: Environmental Protection available at http://www.epa.gov/ http://www.epa.gov/dockets/ Agency (EPA). dockets. comments.html. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: II. What action is the Agency taking? For pesticide specific information, SUMMARY: This notice announces the contact: the Chemical Review Manager Pursuant to 40 CFR 155.58, this notice availability of EPA’s proposed interim for the pesticide of interest identified in announces the availability of EPA’s registration review decisions for the the table in Unit II. proposed interim registration review pesticides listed in the table in Unit II For general information on the decisions for the pesticides shown in of this notice, and opens a public registration review program, contact: the following table, and opens a 60-day comment period on the proposed Richard Dumas, Pesticide Re-Evaluation public comment period on the proposed decisions. This notice also opens the Division (7508P), Office of Pesticide interim decisions.

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TABLE—REGISTRATION REVIEW PROPOSED INTERIM DECISIONS

Registration review case name and number Docket ID number Chemical review manager and contact information

Chlorfenapyr 7419 ...... EPA–HQ–OPP–2010–0467 Margaret Hathaway, [email protected], 703–305–5076. Daminozide 0032 ...... EPA–HQ–OPP–2009–0242 Margaret Hathaway, [email protected], 703–305–5076. Dipropyl isocinchomeronate 2215 ...... EPA–HQ–OPP–2014–0578 Marianne Mannix, [email protected], 703– 347–0275. Fenoxaprop p-ethyl 7209 ...... EPA–HQ–OPP–2007–0437 Miguel Zavala, [email protected], 703–347– 0504. Imazapyr 3078 ...... EPA–HQ–OPP–2014–0200 Joel Wolf, [email protected], 703–347–0228. Isoxaben 7219 ...... EPA–HQ–OPP–2007–1038 Christina Scheltema, [email protected], 703–308–2201. Paclobutrazol 7002 ...... EPA–HQ–OPP–2006–0109 Khue Nguyen [email protected] 703–347–0248. 2-Propen-1-aminium, N,N-dimethyl-N-2-propenyl-, chlo- EPA–HQ–OPP–2015–0255 Donna Kamarei, [email protected], 703–347– ride, homopolymer (or homopolymer) 5024. 0443. Silicon dioxide and silica gel 4081 ...... EPA–HQ–OPP–2007–1140 James Parker [email protected] 703–306–0469. Sulfentrazone 7231 ...... EPA–HQ–OPP–2009–0624 Christina Scheltema, [email protected], 703–308–2201. Tributyltin Oxide (or TBTO) 2620 ...... EPA–HQ–OPP–2014–0801 Sandra O’Neill, [email protected], 703–347–0141.

The registration review final decisions commercially grown container plants. It soybeans, and wheat for post-emergence for these cases are dependent on the is used in nurseries, shadehouses, and control of grassy weeds. Additional non- assessments of listed species under the greenhouses, and is applied as a foliar agricultural use sites include Endangered Species Act (ESA), spray, a use pattern resulting in little or conservation reserves, ornamentals, determinations on the potential for no potential for off-site drift. rights-of-way, and turf. EPA’s endocrine disruption, and/or Daminozide has no registered food or Registration Review Proposed Interim assessments of exposure and risk to residential uses. EPA conducted Decision for FPE is: First; no additional pollinators. ecological and human health risk data are required at this time; and Chlorfenapyr (Proposed Interim assessments for daminozide, and second, certain risk reduction measures Decision). Chlorfenapyr is a member of concluded that there were no significant are needed at this time. To address the pyrroles class of insecticide/ risks of concern. Other than clarifying potential risk to non-target terrestrial miticides, which works by disrupting application rate information, the Agency monocots, spray drift management adenosine triphosphate (ATP) is not calling for changes to daminozide language is proposed for all FPE product production, leading to cell dysfunction. registrations or labels at this time. registrations used on agricultural, wide Chlorfenapyr is registered only for Dipropyl isocinchomeronate area, or rights-of-way use sites. The application to fruiting vegetables and (Combined Docket Opening, Release of Agency also is proposing the ornamentals in greenhouses; and as a Draft Human Health and Ecological Risk implementation of label language crack/crevice/spot treatment on indoor Assessments, and Proposed Interim clarifying use rates, to which the and outdoor residential sites (including Decision). Dipropyl isocinchomeronate registrants have already agreed. In treatment for bed bugs), food/feed is registered for use as an insect addition, EPA proposes label language handling areas, indoor and outdoor repellent for use on humans and to include recommended herbicide- commercial sites, and indoor medical companion animals to repel flies, gnats, resistance management measures. sites. EPA conducted assessments for and other flying and biting insects. The Imazapyr (Proposed Interim both human health and ecological risks. Agency has concluded that there are no Decision). Imazapyr is a non-selective Possible human health risks of concern human health risk concerns associated systemic herbicide registered for use in were identified for chlorfenapyr, with the use of dipropyl pre- and post-emergent treatments to including occupational risks and risks isocinchomeronate. Based on the control terrestrial and aquatic weeds, to young children for certain residential limited usage, diffusion over a large including grasses, broadleaf weeds, and uses. Several risk mitigation measures, treatment area, and the low probability woody species. The registration review including the termination of the use of of non-target organism exposure, the case includes both the acid (imazapyr) chlorfenapyr on mattresses, are Agency has not found any ecological and the isopropylamine salt (imazapyr proposed to address human health risk risks of concern associated with IPA). EPA’s Registration Review concerns. No risks of concern were dipropyl isocinchomeronate, and Proposed Interim Decision for the case identified in the ecological risk anticipates making a No Effect is that first, no additional data are assessment for non-listed species. The determination for all listed species and required at this time, and second, no Agency has made a No Effect a No Habitat Modification changes to the registrations or their determination for chlorfenapyr under determination for all designated critical labeling are needed at this time. ESA section 7 for all listed species and habitats for listed species. At this time, Isoxaben (Proposed Interim Decision). a No Habitat Modification the Agency is proposing that no Isoxaben is a pre-emergent, soil-directed determination for all designated critical additional data are needed, and is not benzamide herbicide registered for use habitats for the currently registered proposing any risk reduction measures in controlling a variety of broad-leaf uses. for this case. weeds. Agricultural uses include grapes Daminozide (Proposed Interim Fenoxaprop p-ethyl (Proposed Interim and bearing fruit and nut trees. Non- Decision). Daminozide is a systemic Decision). FPE is a selective aryloxy agricultural uses include turf, lawns, plant growth regulator registered to phenoxy-propionate herbicide ornamentals, and landscape mulch. control the development of registered for use on barley, cotton, rice, Quantitative human health and

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ecological risk assessments were active ingredients are registered for use undergoing ESA consultation with the completed for isoxaben. There are no as insecticides on a variety of Department of Defense, EPA, and the occupational or residential risks of agricultural and residential use sites to Services for compounds covered under concern. There are potential ecological control pests such as ants, cockroaches, EPA’s Uniform National Discharge risks to listed and non-listed aquatic flies, fleas, and ticks. EPA conducted an Standards. At this time, the Agency is vascular and terrestrial plants, and risks ecological risk assessment that included proposing that no additional data are to mammals from foliar applications of a screening-level endangered species needed, and is not proposing any risk isoxaben. The Agency has made the assessment. The Agency engaged in reduction measures for this case. following Registration Review Proposed informal consultation with FWS to The registration review docket for a Interim Decision for isoxaben: First, no reach a ‘‘may affect, but not likely to pesticide includes earlier documents additional data are required at this time, adversely affect’’ determination for related to the registration review of the and second, certain risk reduction direct effects to terrestrial invertebrates case. For example, the review typically measures are needed at this time, and a No Effect determination for all opens with the availability of a including uniform spray drift other listed taxa. No human health risk Summary Document, containing a management label language for products assessment was conducted because no Preliminary Work Plan, for public applied by spraying, and recommended toxicological endpoints are identified comment. A Final Work Plan typically herbicide resistance management for the two active ingredients. No risk is placed in the docket following public language on all product labels. mitigation measures for human health comment on the initial docket. Paclobutrazol (Proposed Interim or ecological effects are included in the Following a period for public comment Decision). Paclobutrazol is a systemic silica gel and silicon dioxide Proposed on the proposed interim decisions triazole plant growth regulator Interim Decision. announced in this notice, the Agency registered for use on nonresidential turf, Sulfentrazone (Proposed Interim will issue interim registration review on ornamentals in greenhouses and Decision). Sulfentrazone is a broad decisions for products containing the nurseries, as a tree injection, and as a spectrum, pre-emergence, soil-directed affected active ingredients. seed treatment for certain vegetable proto porphyrinogen herbicide used to The registration review program is crops. There are no residential uses of control a variety of weeds. It is being conducted under congressionally paclobutrazol. EPA conducted risk registered for use on field crops, mandated time frames, and EPA assessments for both human health and specialty vegetable crops, fruit trees, recognizes the need both to make timely ecological risk, and a screening level ornamentals, and turf grass. EPA decisions and to involve the public. endangered species assessment. No completed quantitative human health Section 3(g) of the Federal Insecticide, human health risks were identified. The and ecological risk assessments for Fungicide, and Rodenticide Act (FIFRA) ecological risk assessment indicated sulfentrazone in 2014, and amended the (7 U.S.C. 136a(g)) required EPA to potential risks to birds, mammals, ecological risk assessment in 2015. establish by regulation procedures for terrestrial and aquatic plants, freshwater There are no residential risks of reviewing pesticide registrations, and estuarine/marine fish, and concern; however, there is a risk originally with a goal of reviewing each freshwater and estuarine/marine concern for pesticide handlers that can pesticide’s registration every 15 years to invertebrates. The Agency is proposing be adequately mitigated by wearing ensure that a pesticide continues to to modify the application directions for chemical-resistant gloves. In addition, meet the FIFRA standard for paclobutrazol to reduce risks to non- there are potential risk concerns for registration. The Agency’s final rule to target organisms from runoff. The terrestrial plants. The Agency has made implement this program was issued in screening-level endangered species the following Registration Review the Federal Register of August 9, 2006 assessment did not come to a Proposed Interim Decision for (71 FR 45720) (FRL–8080–4) and conclusion of No Effect to listed species, sulfentrazone: First, no additional data became effective in October 2006, and therefore, consultation with the Fish are required at this time; and second, appears at 40 CFR part 155, subpart C. and Wildlife Service and the National certain risk reduction measures are The Pesticide Registration Improvement Marine Fisheries Service (‘‘the needed at this time. These measures Act of 2003 (PRIA) was amended and Services’’) on the potential risk of include uniform spray drift management extended in September 2007. FIFRA, as paclobutrazol to listed species will be language on sulfentrazone labels for amended by PRIA in 2007, requires EPA necessary. products applied by spraying and to complete registration review 2-Propen-1-aminium, N,N-dimethyl- recommended herbicide resistance decisions by October 1, 2022, for all N-2-propenyl-, chloride, homopolymer management language on all product pesticides registered as of October 1, (Combined Preliminary Work Plan and labels. 2007. Proposed Interim Decision). There is Tributyltin oxide (Combined The registration review final rule at 40 one product containing this active Preliminary Work Plan and Proposed CFR 155.58(a) provides for a minimum ingredient; it is registered to control Interim Decision). There are two EPA 60-day public comment period on all mollusks in potable water supplies. The registrations for TBTO for rubber proposed interim registration review Agency did not call-in any data in coatings on the sonar domes of nuclear decisions. This comment period is support of this registration review case. submarines and for oceanographic intended to provide an opportunity for Additionally, the Agency did not conductivity sensors. Based on the lack public input and a mechanism for conduct a human health or an of potential for dietary exposure and no initiating any necessary amendments to environmental risk assessment due to residential uses, the Agency did not the proposed interim decisions. All the lack of exposure concern for the conduct a human health risk comments should be submitted using product’s registered use. Based on the assessment. Exposure to aquatic the methods in ADDRESSES, and must be lack of potential exposure, the Agency organisms would occur only from the received by EPA on or before the closing is proposing a No Effect determination small amount of TBTO potentially date. These comments will become part for listed species. leaching from sonar domes, and the of the docket for the pesticides included Silicon dioxide and silica gel Agency believes that risks to non-target, in the table in Unit II. Comments (Proposed Interim Decision). Products non-listed species are minimal. TBTO received after the close of the comment containing these two naturally occurring use as an antifoulant on sonar domes is period will be marked ‘‘late.’’ EPA is not

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required to consider these late and 107(a) of CERCLA, 42 U.S.C. 9606 SUMMARY: On July 30, 2015, the U.S. comments. and 9607(a), with regard to the Site, as Environmental Protection Agency The Agency will carefully consider all defined in the Settlement Agreement. (EPA), Office of Research and comments received by the closing date For thirty (30) days following the date Development (ORD), gave notice of a and, as appropriate, will provide a of publication of this notice, EPA will meeting of the Board of Scientific ‘‘Response to Comments Memorandum’’ receive written comments relating to the Counselors (BOSC) Safe and Sustainable in the docket for each of the pesticides Settlement Agreement. EPA will Water Resources Subcommittee in the included in the table in Unit II. The consider all comments received and Federal Register. On Page 45536, interim registration review decision will may modify or withdraw its consent to Column 3, in the DATES section, EPA explain the effect that any such the Settlement Agreement if comments inadvertently listed the date by which comments had on the decision and received disclose facts or considerations members of the public should request a provide the Agency’s response to that indicate that the proposed draft agenda or request an opportunity significant comments, as needed. Settlement Agreement is inappropriate, to make oral presentations at the Background on the registration review improper or inadequate. EPA’s response meeting as July 25, 2015. The correct program is provided at: http:// to any comments received will be date by which requests should be made www2.epa.gov/pesticide-reevaluation. available for public inspection at EPA is August 25, 2015. Links to earlier documents related to the Region 2 offices, 290 Broadway, New FOR FURTHER INFORMATION CONTACT: The registration review of the pesticide cases York, New York 10007–1866. Designated Federal Officer via mail at: identified in this notice are provided on DATES: Comments must be submitted on Cindy Roberts, Mail Code 8104R, Office the Pesticide Chemical Search data base or before September 9, 2015. of Science Policy, Office of Research accessible at: http://iaspub.epa.gov/ ADDRESSES: The proposed Settlement and Development, U.S. Environmental apex/pesticides/f?p=chemicalsearch. Agreement can be viewed at http:// Protection Agency, 1200 Pennsylvania Authority: 7 U.S.C. 136 et seq. www.epa.gov/region02/superfund/npl/ Ave. NW., Washington, DC 20460; via gowanus/additionaldocs.html. It is also phone/voice mail at: (202) 564–1999; or Dated: July 30, 2015. via email at: [email protected]. Richard P. Keigwin, Jr., available for public inspection at EPA Dated: July 31, 2015. Director, Pesticide Re-Evaluation Division, Region 2 offices at 290 Broadway, New Office of Pesticide Programs. York, New York 10007–1866. Fred S. Hauchman, A copy may also be obtained from [FR Doc. 2015–19590 Filed 8–7–15; 8:45 am] Director, Office of Science Policy. Brian Carr, Assistant Regional Counsel, [FR Doc. 2015–19592 Filed 8–7–15; 8:45 am] BILLING CODE 6560–50–P New York/Caribbean Superfund Branch, BILLING CODE 6560–50–P Office of Regional Counsel, U.S. EPA ENVIRONMENTAL PROTECTION Region 2, 290 Broadway, 17th Floor, AGENCY New York, New York 10007–1866, 212– ENVIRONMENTAL PROTECTION 637–3170, [email protected]. AGENCY [FRL–9932–09-Region 2] Comments should reference the Gowanus Canal Superfund Site, Proposed Partial Consent Decree, Proposed Settlement Pursuant Section Brooklyn, New York. Index No. Clean Air Act Citizen Suit 122(h) of CERCLA Relating to the CERCLA–02–2015–2008 and should be Gowanus Canal Superfund Site, AGENCY: Environmental Protection sent by mail or email to Brian Carr, Brooklyn, Kings County, New York Agency (EPA). Assistant Regional Counsel, at the ACTION: Notice of proposed partial AGENCY: Environmental Protection address or email address above. consent decree; request for public Agency (EPA). FOR FURTHER INFORMATION CONTACT: comment. ACTION: Notice; request for public Brian Carr, Assistant Regional Counsel, comment. at the address, email or telephone SUMMARY: In accordance with section number stated above. 113(g) of the Clean Air Act, as amended SUMMARY: In accordance with Section (‘‘CAA’’ or the ‘‘Act’’), notice is hereby Dated: July 27, 2015. 122(i) of the Comprehensive given of a proposed partial consent Environmental Response, Walter Mugdan, decree to address a lawsuit filed by the Compensation, and Liability Act of Director, Emergency and Remedial Response Sierra Club in the United States District 1980, as amended (‘‘CERCLA’’), 42 Division, U.S. Environmental Protection Court for the District of Columbia: Agency, Region 2. U.S.C. 9622(i), notice is hereby given by Sierra Club v. EPA, Civil Action No. 10– the U.S. Environmental Protection [FR Doc. 2015–19601 Filed 8–7–15; 8:45 am] cv–1541 (CKK) (D.D.C.) (filed Sept. 14, Agency (‘‘EPA’’), Region 2, of a BILLING CODE 6560–50–P 2010). Plaintiff filed a lawsuit alleging proposed settlement agreement that Gina McCarthy, in her official pursuant to Section 122(h) of CERCLA, capacity as Administrator of the United ENVIRONMENTAL PROTECTION entered into by and EPA, Region 2, and States Environmental Protection Agency AGENCY Patterson Fuel Oil Co., Inc. (‘‘Settling (‘‘EPA’’), failed to perform duties Party’’), pertaining to the Gowanus [EPA–HQ–ORD–2015–0467; FRL–9932–08– mandated by the CAA to: (1) Promulgate Canal Superfund Site (‘‘Site’’) located in ORD] a federal implementation plan (‘‘FIP’’) Brooklyn, Kings County, New York. for the State of Texas for the 1997 fine Board of Scientific Counselors (BOSC) Under the Settlement Agreement, the particulate matter (‘‘PM2.5’’) and ozone Settling Party agrees to pay EPA Safe and Sustainable Water Resources national ambient air quality standards $100,000.00 for the recovery of response Subcommittee Meeting—August 2015; (‘‘NAAQS’’); (2) promulgate a FIP for the actions incurred at the Site. Public Requests Correction State of Texas for the 1997 ozone The Settlement Agreement includes a AGENCY: Environmental Protection NAAQS; and (3) take final approval/ covenant by EPA not to sue or to take Agency (EPA). disapproval action on the state administrative action against the implementation plan (‘‘SIP’’) that Texas ACTION: Notice; correction. Settling Party pursuant to Sections 106 submitted for implementation of the

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1997 PM2.5 NAAQS. The proposed and final action no later than February II. Additional Information About partial consent decree would establish 22, 2016, with respect to this claim. See Commenting on the Proposed Partial deadlines for EPA to take certain the proposed partial consent decree for Consent Decree specified actions. the specific details. A. How can I get a copy of the proposed DATES: Written comments on the The proposed partial consent decree partial consent decree? proposed partial consent decree must be does not resolve Plaintiff’s claim with received by September 9, 2015. The official public docket for this respect to the interstate transport action (identified by OGC–2015–0544) ADDRESSES: Submit your comments, requirements of CAA section contains a copy of the proposed partial identified by Docket ID number OGC– 110(a)(2)(D)(i)(I) for the 1997 PM 2015–0544, online at 2.5 consent decree. The official public NAAQS for Texas. The court entered a www.regulations.gov (EPA’s preferred docket is available for public viewing at partial consent decree with respect to method); by email to oei.docket@ the Office of Environmental Information epa.gov; by mail to EPA Docket Center, the other claims at issue in the case on (OEI) Docket in the EPA Docket Center, Environmental Protection Agency, November 28, 2011. EPA West, Room 3334, 1301 Mailcode: 2822T, 1200 Pennsylvania On July 28, 2015, the Court of Constitution Ave. NW., Washington, Ave. NW., Washington, DC 20460–0001; Appeals for the District of Columbia DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to or by hand delivery or courier to EPA Circuit (D.C. Circuit) issued its opinion 4:30 p.m., Monday through Friday, Docket Center, EPA West, Room 3334, in EME Homer City Generation, L.P. v. 1301 Constitution Ave. NW., excluding legal holidays. The telephone EPA, slip op., No. 11–1302, regarding number for the Public Reading Room is Washington, DC, between 8:30 a.m. and the Cross-State Air Pollution Rule 4:30 p.m. Monday through Friday, (202) 566–1744, and the telephone (CSAPR), 76 FR 48,208 (Aug. 8, 2011). number for the OEI Docket is (202) 566– excluding legal holidays. Comments on In CSAPR, EPA determined that the FIP a disk or CD–ROM should be formatted 1752. promulgated in that rulemaking to An electronic version of the public in Word or ASCII file, avoiding the use address CAA section 110(a)(2)(D)(i)(I) as docket is available through of special characters and any form of to Texas with respect to the 1997 ozone www.regulations.gov. You may use encryption, and may be mailed to the NAAQS may not be sufficient to address www.regulations.gov to submit or view mailing address above. the state’s statutory obligation under public comments, access the index FOR FURTHER INFORMATION CONTACT: that provision. 76 FR at 48,210 n.3. In listing of the contents of the official Stephanie L. Hogan, Air and Radiation EME Homer City, however, the court public docket, and access those Law Office (2344A), Office of General determined, among other things, that documents in the public docket that are Counsel, U.S. Environmental Protection available electronically. Once in the Agency, 1200 Pennsylvania Ave. NW., the Texas FIP required more emission reductions than necessary to address system, key in the appropriate docket Washington, DC 20460; telephone: (202) identification number then select 564–3244; fax number: (202) 564–5603; that state’s obligation pursuant to CAA section 110(a)(2)(D)(i)(I). Slip op. at 19. ‘‘search’’. email address: hogan.stephanie@ It is important to note that EPA’s The EPA is still evaluating the impact epa.gov. policy is that public comments, whether of that decision on the claims raised in SUPPLEMENTARY INFORMATION: submitted electronically or in paper, the present lawsuit, Sierra Club v. EPA. will be made available for public I. Additional Information About the However, because the proposed partial viewing online at www.regulations.gov Proposed Partial Consent Decree consent decree has been lodged with the without change, unless the comment The proposed partial consent decree court, the EPA is issuing the notice contains copyrighted material, CBI, or would partially resolve a lawsuit filed required by CAA section 113(g) within other information whose disclosure is by the Sierra Club seeking to compel the the timeframe required by the proposed restricted by statute. Information Administrator to take actions under partial consent decree and requests claimed as CBI and other information CAA section 110(c)(1) and (k)(2). The comment as to whether the court’s whose disclosure is restricted by statute Plaintiff’s lawsuit alleged that EPA has decision in EME Homer City should in is not included in the official public a mandatory duty to: (1) Promulgate a any way affect whether EPA finalizes docket or in the electronic public FIP for the State of Texas that meets the the partial consent decree or its terms. docket. EPA’s policy is that copyrighted requirements of CAA section For a period of thirty (30) days material, including copyrighted material 110(a)(2)(D)(i) for the 1997 PM and 2.5 following the date of publication of this contained in a public comment, will not ozone NAAQS; (2) promulgate a FIP for notice, the Agency will accept written be placed in EPA’s electronic public the State of Texas that meets the docket but will be available only in requirements of CAA Section 110(a)(2) comments relating to the proposed partial consent decree from persons who printed, paper form in the official public for the 1997 ozone NAAQS; and (3) take docket. Although not all docket final approval/disapproval action are not named as parties or intervenors to the litigation in question. EPA or the materials may be available pursuant to CAA section 110(k)(3) on electronically, you may still access any Department of Justice may withdraw or the SIP that Texas submitted for of the publicly available docket withhold consent to the proposed implementation of the 1997 PM2.5 materials through the EPA Docket partial consent decree if the comments NAAQS. The proposed partial consent Center. decree would resolve the Plaintiff’s disclose facts or considerations that claim regarding EPA’s duty to indicate that such consent is B. How and to whom do I submit promulgate a FIP that meets the inappropriate, improper, inadequate, or comments? interstate transport requirements of inconsistent with the requirements of You may submit comments as CAA section 110(a)(2)(D)(i)(I) for the the Act. Unless EPA or the Department provided in the ADDRESSES section. 1997 ozone NAAQS for Texas. Under of Justice determines that consent to this Please ensure that your comments are the terms of the proposed partial proposed partial consent decree should submitted within the specified comment consent decree, EPA must take proposed be withdrawn, the terms of the partial period. Comments received after the action no later than September 22, 2015, consent decree will be affirmed. close of the comment period will be

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marked ‘‘late.’’ EPA is not required to Implementation EPA-authorized On December 14, 2009, the consider these late comments. program to allow electronic reporting. Washington State Department of Health (WA DOH) submitted an amended If you submit an electronic comment, DATES: EPA’s approval is effective EPA recommends that you include your September 9, 2015 for the State of application titled ‘‘Washington State name, mailing address, and an email Washington’s National Primary Lab Electronic Reporting System’’ for revision to its EPA-approved program address or other contact information in Drinking Water Regulations under title 40 CFR part 142 to allow the body of your comment and with any Implementation program, if no timely new electronic reporting. EPA reviewed disk or CD–ROM you submit. This request for a public hearing is received WA DOH’s request to revise its EPA- ensures that you can be identified as the and accepted by the Agency. submitter of the comment and allows authorized program and, based on this EPA to contact you in case EPA cannot FOR FURTHER INFORMATION CONTACT: review, EPA determined that the read your comment due to technical Karen Seeh, U.S. Environmental application met the standards for difficulties or needs further information Protection Agency, Office of approval of authorized program on the substance of your comment. Any Environmental Information, Mail Stop revision/modification set out in 40 CFR identifying or contact information 2823T, 1200 Pennsylvania Avenue NW., part 3, subpart D. In accordance with 40 provided in the body of a comment will Washington, DC 20460, (202) 566–1175, CFR 3.1000(d), this notice of EPA’s be included as part of the comment that [email protected]. decision to approve Washington’s is placed in the official public docket, SUPPLEMENTARY INFORMATION: On request to revise its Part 142—National and made available in EPA’s electronic October 13, 2005, the final Cross-Media Primary Drinking Water Regulations public docket. If EPA cannot read your Electronic Reporting Rule (CROMERR) Implementation program to allow comment due to technical difficulties was published in the Federal Register electronic reporting under 40 CFR part and cannot contact you for clarification, (70 FR 59848) and codified as part 3 of 141 is being published in the Federal EPA may not be able to consider your title 40 of the CFR. CROMERR Register. WA DOH was notified of EPA’s comment. establishes electronic reporting as an determination to approve its application Use of the www.regulations.gov Web acceptable regulatory alternative to with respect to the authorized program site to submit comments to EPA paper reporting and establishes electronically is EPA’s preferred method listed above. requirements to assure that electronic Also, in today’s notice, EPA is for receiving comments. The electronic documents are as legally dependable as informing interested persons that they public docket system is an ‘‘anonymous their paper counterparts. Subpart D of may request a public hearing on EPA’s access’’ system, which means EPA will CROMERR requires that state, tribal or action to approve the State of not know your identity, email address, local government agencies that receive, Washington’s request to revise its or other contact information unless you or wish to begin receiving, electronic authorized public water system program provide it in the body of your comment. reports under their EPA-authorized under 40 CFR part 142, in accordance In contrast to EPA’s electronic public programs must apply to EPA for a with 40 CFR 3.1000(f). Requests for a docket, EPA’s electronic mail (email) revision or modification of those hearing must be submitted to EPA system is not an ‘‘anonymous access’’ programs and obtain EPA approval. within 30 days of publication of today’s system. If you send an email comment Subpart D provides standards for such Federal Register notice. Such requests directly to the Docket without going approvals based on consideration of the should include the following through www.regulations.gov, your electronic document receiving systems information: email address is automatically captured that the state, tribe, or local government (1) The name, address and telephone and included as part of the comment will use to implement the electronic number of the individual, organization that is placed in the official public reporting. Additionally, § 3.1000(b) or other entity requesting a hearing; docket, and made available in EPA’s through (e) of 40 CFR part 3, subpart D (2) A brief statement of the requesting electronic public docket. provides special procedures for program person’s interest in EPA’s Dated: July 31, 2015. revisions and modifications to allow determination, a brief explanation as to Lorie J. Schmidt, electronic reporting, to be used at the why EPA should hold a hearing, and Associate General Counsel. option of the state, tribe or local any other information that the government in place of procedures [FR Doc. 2015–19599 Filed 8–7–15; 8:45 am] requesting person wants EPA to available under existing program- BILLING CODE 6560–50–P consider when determining whether to specific authorization regulations. An grant the request; application submitted under the subpart (3) The signature of the individual ENVIRONMENTAL PROTECTION D procedures must show that the state, making the request, or, if the request is AGENCY tribe or local government has sufficient made on behalf of an organization or legal authority to implement the other entity, the signature of a electronic reporting components of the responsible official of the organization [FRL_9930–45–OEI] programs covered by the application or other entity. Cross-Media Electronic Reporting: and will use electronic document In the event a hearing is requested Authorized Program Revision receiving systems that meet the and granted, EPA will provide notice of Approval, State of Washington applicable subpart D requirements. the hearing in the Federal Register not Once an authorized program has EPA’s less than 15 days prior to the scheduled AGENCY: Environmental Protection approval to accept electronic documents hearing date. Frivolous or insubstantial Agency (EPA). under certain programs, CROMERR requests for hearing may be denied by ACTION: Notice. § 3.1000(a)(4) requires that the program EPA. Following such a public hearing, keep EPA apprised of any changes to EPA will review the record of the SUMMARY: This notice announces EPA’s laws, policies, or the electronic hearing and issue an order either approval of the State of Washington’s document receiving systems that have affirming today’s determination or request to revise its National Primary the potential to affect the program’s rescinding such determination. If no Drinking Water Regulations compliance with CROMERR § 3.2000. timely request for a hearing is received

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and granted, EPA’s approval of the State DATES: The agency must receive other forms of information technology, of Washington’s request to revise its part comments on or before October 9, 2015. e.g., permitting electronic submission of 142—National Primary Drinking Water ADDRESSES: Federal Communications responses; and (e) Assess information Regulations Implementation program to Commission, 445 Twelfth Street SW., collection costs. allow electronic reporting will become Washington, DC 20554. To request additional information on the proposed project or to obtain a copy effective 30 days after today’s notice is FOR FURTHER INFORMATION CONTACT: of the information collection plan and published, pursuant to CROMERR Tung Bui, 202–418–2700. section 3.1000(f)(4). instruments, call (404) 639–7570 or SUPPLEMENTARY INFORMATION: The full send an email to [email protected]. Written Matthew Leopard, text of these applications is available for comments and/or suggestions regarding Director, Office of Information Collection. inspection and copying during normal the items contained in this notice [FR Doc. 2015–19577 Filed 8–7–15; 8:45 am] business hours in the Commission’s should be directed to the Attention: BILLING CODE 6560–50–P Reference Center, 445 12th Street SW., CDC Desk Officer, Office of Management Washington, DC 20554 or electronically and Budget, Washington, DC 20503 or via the Media Bureau’s Consolidated by fax to (202) 395–5806. Written FEDERAL COMMUNICATIONS Data Base System, http:// comments should be received within 30 COMMISSION licensing.fcc.gov/prod/cdbs/pubacc/ days of this notice. prod/cdbs_pa.htm. Proposed Project Radio Broadcasting Services; AM or Federal Communications Commission. Monitoring and Reporting System for FM Proposals To Change the James D. Bradshaw, Community of License the National Tobacco Control Program— Deputy Chief, Audio Division, Media Bureau. New—National Center for Chronic AGENCY: Federal Communications [FR Doc. 2015–19575 Filed 8–7–15; 8:45 am] Disease Prevention and Health Commission. BILLING CODE 6712–01–P Promotion (NCCDPHP), Centers for ACTION: Notice. Disease Control and Prevention (CDC).

SUMMARY: The following applicants filed DEPARTMENT OF HEALTH AND Background and Brief Description AM or FM proposals to change the HUMAN SERVICES The Centers for Disease Control and community of license: Blue Sky Prevention (CDC) works with states, Broadcasting, Station KPND, Facility ID Centers for Disease Control and territories, tribal organizations, and the 5992, BPH–20150717AAV, From Prevention District of Columbia (collectively Sandpoint, ID, To Dear Park, WA; [30Day–15–15AME] referred to as ‘‘state-based’’ programs) to Educational Media Foundation, Station develop, implement, manage, and KARQ, Facility ID 90988, BPED– Agency Forms Undergoing Paperwork evaluate tobacco prevention and control 20150706ACR, From San Andreas, CA, Reduction Act Review programs. Support and guidance for To Linden, CA; Educational Media these programs have been provided Foundation, Station WDKL, Facility ID The Centers for Disease Control and through cooperative agreement funding 64662, BPH–20150601ACZ, From Prevention (CDC) has submitted the and technical assistance administered Grafton, WV, To Loch Lynn Heights, following information collection request by CDC’s National Center for Chronic MD; J&W Communications LLC, Station to the Office of Management and Budget Disease Prevention and Health WAOQ, Facility ID 825, BPH– (OMB) for review and approval in Promotion (NCCDPHP). 20150515ABK, From Brantley, AL, To accordance with the Paperwork NCCDPHP cooperative agreements Goshen, AL; Lakewood Reduction Act of 1995. The notice for DP15–1509 (National State-Based Communications LLC, Station WKSR– the proposed information collection is Tobacco Control Programs) and DP14– FM, Facility ID 27422, BPH– published to obtain comments from the 1410PPHF14 (Public Health Approaches 20150702AAL, From Lawrenceburg, TN, public and affected agencies. for Ensuring Quitline Capacity) To Pulaski, TN; Lazer Licenses, LLC, Written comments and suggestions continue to support efforts since 1999 to Station KCAL, Facility ID 55416, BP– from the public and affected agencies build state health department 20150603AAS, From Redlands, CA, To concerning the proposed collection of infrastructure and capacity to Grand Terrace, CA; Mississippi College, information are encouraged. Your implement comprehensive tobacco Station WHJT, Facility ID 43180, BPH– comments should address any of the prevention and control programs. 20150618AAS, From Clinton, MS, To following: (a) Evaluate whether the Through these cooperative agreements, Kearney Park, MS; MTD, Inc., Station proposed collection of information is health departments in all 50 states, the KNMB, Facility ID 87766, BPH– necessary for the proper performance of District of Columbia, Puerto Rico and 20150610AAR, From Cloudcroft, NM, the functions of the agency, including Guam are funded to implement To Capitan, NM; Northwest Indy Radio, whether the information will have evidence-based environmental, policy, Station KBSG, Facility ID 174954, practical utility; (b) Evaluate the and systems strategies and activities BPED–20150610AAD, From Hoquiam, accuracy of the agencies estimate of the designed to reduce tobacco use, WA, To Raymond, WA; Radio Dalhart, burden of the proposed collection of secondhand smoke exposure, tobacco- Inc., Station KHJQ, Facility ID 82894, information, including the validity of related disparities and associated BPH–20150625ACH, From Leakey, TX, the methodology and assumptions used; disease, disability, and death. To Concan, TX; S and H Broadcasting, (c) Enhance the quality, utility, and As part of routine monitoring, LLC, Station KVGH, Facility ID 2316, clarity of the information to be assessing progress, and ensuring BPH–20150622AFT, From North Shore, collected; (d) Minimize the burden of accountability, cooperative agreement CA, To Bermuda Dunes, CA; Top O’ the collection of information on those awardees will report information about Texas Ed B/Casting Foundation, Station who are to respond, including through their work plan objectives, activities, KOGC, Facility ID 174505, BPED– the use of appropriate automated, and performance measures. Each 20150611ABM, From Wheeler, TX, To electronic, mechanical, or other awardee will submit an Annual Work Carter, OK. technological collection techniques or Plan Progress Report using an Excel-

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based Work Plan Tool. The estimated Tool is estimated to be four hours per annual basis to satisfy routine burden per response is three hours for response. Initial population of the tools cooperative agreement reporting each Annual Work Plan Progress report. is a one-time activity which is requirements. CDC will use the In addition, each awardee will submit annualized over the three years of the information collected to monitor each an Annual Budget Progress Report using information collection request. Due to awardee’s progress and to identify an Excel-based Budget Tool. The annualization, the 53 awardees are facilitators and challenges to program estimated burden per response is two represented as 18 awardees (53/3) in the implementation and achievement of hours for each Annual Budget Progress burden table. After completing the outcomes. Report. initial population of the tools, pertinent OMB approval is requested for three In Year one, each awardee will have information only needs to be updated years. Participation in the information additional burden related to initial for each annual report. The same collection is required as a condition of population of the reporting tools. Initial instruments will be used for all funding. There are no costs to population of the Work Plan Tool is information collection and reporting. respondents other than their time. The estimated to be six hours per response, Awardees will upload their total estimated annualized burden hours and initial population of the Budget information to www.grants.gov on an are 445.

ESTIMATED ANNUALIZED BURDEN HOURS

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

State Tobacco Control Managers ...... Initial Population of the Work Plan Tool 18 1 6 Annual Work Plan Progress Report ...... 53 1 3 Initial Population of the Budget Tool ..... 18 1 4 Annual Budget Progress Report ...... 53 1 2

Leroy A. Richardson, Date and Time: The meeting will be Agenda: The committees will be Chief, Information Collection Review Office, held on September 10, 2015, from 8 a.m. asked to discuss new drug application Office of Scientific Integrity, Office of the to 5 p.m. (NDA) 206830, oxycodone immediate- Associate Director for Science, Office of the Location: FDA White Oak Campus, release tablets, submitted by Purdue Director, Centers for Disease Control and Pharma, with the proposed indication of Prevention. 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. the management of moderate to severe [FR Doc. 2015–19579 Filed 8–7–15; 8:45 am] pain where the use of an opioid BILLING CODE 4163–18–P 1503), Silver Spring, MD 20993–0002. Answers to commonly asked questions analgesic is appropriate. It has been formulated with the intent to provide including information regarding special abuse-deterrent properties. The accommodations due to a disability, DEPARTMENT OF HEALTH AND pharmacokinetic data demonstrate that visitor parking, and transportation may HUMAN SERVICES there is a significant food effect be accessed at: http://www.fda.gov/ resulting in a significant delay in Food and Drug Administration AdvisoryCommittees/ absorption and peak plasma AboutAdvisoryCommittees/ concentration of oxycodone when taken [Docket No. FDA–2015–N–0001] ucm408555.htm. with food. The applicant proposes to Contact Person: Stephanie L. Joint Meeting of the Anesthetic and address this finding by labeling the Begansky, Center for Drug Evaluation Analgesic Drug Products Advisory product to be taken on an empty and Research, Food and Drug Committee and the Drug Safety and stomach, but patients may have Administration, 10903 New Hampshire Risk Management Advisory difficulty complying with these Ave., Bldg. 31, Rm. 2417, Silver Spring, Committee; Notice of Meeting instructions as the product is dosed MD 20993–0002, 301–796–9001, FAX: every 4 to 6 hours as needed. The AGENCY: Food and Drug Administration, 301–847–8533, email: AADPAC@ committees will be asked to discuss the HHS. fda.hhs.gov, or FDA Advisory potential safety risks and the potential Committee Information Line, 1–800– effects on efficacy associated with the ACTION: Notice. 741–8138 (301–443–0572 in the delayed peak concentration when taken Washington, DC area). A notice in the with food, and the feasibility of labeling This notice announces a forthcoming Federal Register about last minute to be taken an empty stomach as a meeting of two public advisory modifications that impact a previously means to mitigate the potential risks. committees of the Food and Drug announced advisory committee meeting The committees will also be asked to Administration (FDA). At least one cannot always be published quickly consider whether the potential public portion of the meeting will be closed to enough to provide timely notice. health benefit of the product’s abuse- the public. Therefore, you should always check the deterrent properties are sufficient to Names of Committees: Anesthetic and Agency’s Web site at http:// outweigh the risk to patients who are Analgesic Drug Products Advisory www.fda.gov/AdvisoryCommittees/ prescribed the product for the Committee and the Drug Safety and Risk default.htm and scroll down to the management of pain. Management Advisory Committee. appropriate advisory committee meeting FDA intends to make background General Function of the Committees: link, or call the advisory committee material available to the public no later To provide advice and information line to learn about possible than 2 business days before the meeting. recommendations to the Agency on modifications before coming to the If FDA is unable to post the background FDA’s regulatory issues. meeting. material on its Web site prior to the

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meeting, the background material will AboutAdvisoryCommittees/ 741–8138 (301–443–0572 in the be made publicly available at the ucm111462.htm for procedures on Washington, DC area). A notice in the location of the advisory committee public conduct during advisory Federal Register about last minute meeting, and the background material committee meetings. modifications that impact a previously will be posted on FDA’s Web site after Notice of this meeting is given under announced advisory committee meeting the meeting. Background material is the Federal Advisory Committee Act (5 cannot always be published quickly available at http://www.fda.gov/ U.S.C. app. 2). enough to provide timely notice. AdvisoryCommittees/Calendar/ Dated: August 4, 2015. Therefore, you should always check the default.htm. Scroll down to the Jill Hartzler Warner, Agency’s Web site at http:// appropriate advisory committee meeting www.fda.gov/AdvisoryCommittees/ Associate Commissioner for Special Medical link. Programs. default.htm and scroll down to the Procedure: On September 10, 2015, appropriate advisory committee meeting from 9:30 a.m. to 5 p.m., the meeting is [FR Doc. 2015–19547 Filed 8–7–15; 8:45 am] link, or call the advisory committee open to the public. Interested persons BILLING CODE 4164–01–P information line to learn about possible may present data, information, or views, modifications before coming to the orally or in writing, on issues pending DEPARTMENT OF HEALTH AND meeting. before the committees. Written Agenda: The committees will discuss HUMAN SERVICES submissions may be made to the contact new drug application (NDA) 208090, person on or before August 26, 2015. Food and Drug Administration oxycodone extended-release capsules Oral presentations from the public will for oral use, submitted by Collegium be scheduled between approximately 1 [Docket No. FDA–2015–N–0001] Pharmaceuticals, proposed for the p.m. and 2 p.m. Those individuals management of pain severe enough to interested in making formal oral Joint Meeting of the Anesthetic and require daily, around-the-clock, long- presentations should notify the contact Analgesic Drug Products Advisory term opioid treatment and for which person and submit a brief statement of Committee and the Drug Safety and alternative options are inadequate. This the general nature of the evidence or Risk Management Advisory product has been formulated with the arguments they wish to present, the Committee; Notice of Meeting intent to provide abuse-deterrent names and addresses of proposed AGENCY: Food and Drug Administration, properties. Pharmacokinetic data participants, and an indication of the HHS. demonstrate that, in order to deliver the approximate time requested to make ACTION: Notice. intended amount of oxycodone, the their presentation on or before August drug product must be taken with food. 18, 2015. Time allotted for each This notice announces a forthcoming The committees will be asked to discuss presentation may be limited. If the meeting of a public advisory committee the potential safety risks and the number of registrants requesting to of the Food and Drug Administration potential effects on efficacy associated speak is greater than can be reasonably (FDA). At least one portion of the with the extent of the food effect, and accommodated during the scheduled meeting will be closed to the public. potential fluctuations in oxycodone open public hearing session, FDA may Name of Committees: Joint meeting of levels that may occur if the product is conduct a lottery to determine the the Anesthetic and Analgesic Drug not taken consistently with the same speakers for the scheduled open public Products Advisory Committee and the amount of food. In addition, the hearing session. The contact person will Drug Safety and Risk Management committees will be asked to review and notify interested persons regarding their Advisory Committee. discuss whether the data characterizing request to speak by August 19, 2015. General Function of the Committees: the abuse-deterrent properties support Closed Presentation of Data: On To provide advice and the likelihood that this drug product September 10, 2015, from 8 a.m. to 9:30 recommendations to the Agency on will have a meaningful effect on abuse a.m., the meeting will be closed to FDA’s regulatory issues. and whether potential benefits to the permit discussion and review of trade Date and Time: The meeting will be public from abuse-deterrent properties secret and/or confidential commercial held on September 11, 2015, from 8 a.m. outweigh potential risks to patients from information (5 U.S.C. 552b(c)(4)). to 5 p.m. the effect of food. The committees will During this session, the committees will Location: FDA White Oak Campus, be asked to vote on whether this discuss the drug development program 10903 New Hampshire Ave., Bldg. 31 product should be approved for of an investigational product. Conference Center, the Great Room (Rm. marketing in the United States. Persons attending FDA’s advisory 1503), Silver Spring, MD 20993–0002. FDA intends to make background committee meetings are advised that the Answers to commonly asked questions material available to the public no later Agency is not responsible for providing including information regarding special than 2 business days before the meeting. access to electrical outlets. accommodations due to a disability, If FDA is unable to post the background FDA welcomes the attendance of the visitor parking, and transportation may material on its Web site prior to the public at its advisory committee be accessed at http://www.fda.gov/ meeting, the background material will meetings and will make every effort to AdvisoryCommittees/ be made publicly available at the accommodate persons with physical AboutAdvisoryCommittees/ location of the advisory committee disabilities or special needs. If you ucm408555.htm. meeting, and the background material require special accommodations due to Contact Person: Stephanie L. will be posted on FDA’s Web site after a disability, please contact Stephanie L. Begansky, Center for Drug Evaluation the meeting. Background material is Begansky at least 7 days in advance of and Research, Food and Drug available at http://www.fda.gov/ the meeting. Administration, 10903 New Hampshire AdvisoryCommittees/Calendar/ FDA is committed to the orderly Ave., Bldg. 31, Rm. 2417, Silver Spring, default.htm. Scroll down to the conduct of its advisory committee MD 20993–0002, 301–796–9001, Fax: appropriate advisory committee meeting meetings. Please visit our Web site at: 301–847–8533, email: AADPAC@ link. http://www.fda.gov/ fda.hhs.gov, or FDA Advisory Procedure: On September 11, 2015, AdvisoryCommittees/ Committee Information Line, 1–800– from 9:30 a.m. to 5 p.m., the meeting is

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open to the public. Interested persons AboutAdvisoryCommittees/ Amount of Non-Competitive Awards: may present data, information, or views, ucm111462.htm for procedures on $85,451,535. orally or in writing, on issues pending public conduct during advisory Period of Supplemental Funding: before the committees. Written committee meetings. December 1, 2015, to maximum April submissions may be made to the contact Notice of this meeting is given under 30, 2016. person on or before August 27, 2015. the Federal Advisory Committee Act (5 Oral presentations from the public will U.S.C. app. 2). CFDA Number: 93.224. be scheduled approximately between 1 Dated: August 4, 2015. Authority: Section 330 of the Public p.m. and 2 p.m. Those individuals Jill Hartzler Warner, Health Service Act, as amended (42 U.S.C. interested in making formal oral Associate Commissioner for Special Medical 254b, as amended). presentations should notify the contact Programs. person and submit a brief statement of Justification: Targeting the nation’s the general nature of the evidence or [FR Doc. 2015–19548 Filed 8–7–15; 8:45 am] neediest populations and geographic arguments they wish to present, the BILLING CODE 4164–01–P areas, the Health Center Program names and addresses of proposed currently funds nearly 1,300 health centers that operate approximately participants, and an indication of the DEPARTMENT OF HEALTH AND 9,000 service delivery sites in every approximate time requested to make HUMAN SERVICES their presentation on or before August state, the District of Columbia, Puerto 19, 2015. Time allotted for each Health Resources and Services Rico, the Virgin Islands, and the Pacific presentation may be limited. If the Administration Basin. In 2013, more than 21 million number of registrants requesting to patients, including medically speak is greater than can be reasonably Health Center Program underserved and uninsured patients, accommodated during the scheduled received comprehensive, culturally open public hearing session, FDA may AGENCY: Health Resources and Services competent, quality primary health care conduct a lottery to determine the Administration, HHS. services through the Health Center speakers for the scheduled open public ACTION: Notice of Class Deviation from Program award recipients. Due to the hearing session. The contact person will Competition Requirements for the vast size of the Health Center Program, notify interested persons regarding their Health Center Program. the active grants are distributed across request to speak by August 20, 2015. SUMMARY: seven budget periods that begin on the Closed Presentation of Data: On In accordance with the Awarding Agency Grants first of the month, December through September 11, 2015, from 8 a.m. to 9:30 June. a.m., the meeting will be closed to Administration Manual (AAGAM) permit discussion and review of trade Chapter 2.04.103, the Bureau of Primary BPHC uses the information award secret and/or confidential commercial Health Care (BPHC) has been granted a recipients report annually via the information (5 U.S.C. 552b(c)(4)). class deviation from the exceptions to Uniform Data System (UDS) to During this session, the committees will maximum competition requirements objectively determine the patient and discuss the drug development program contained in the AAGAM Chapter service area requirements that new and of an investigational product. 2.04.104A–5 to provide additional continuing applications must address. Persons attending FDA’s advisory funding without competition to the 144 The requirements are available for committee meetings are advised that the Health Center Program award recipients applicant use in June. The deviation Agency is not responsible for providing whose budget period ends November allows BPHC to redistribute the award access to electrical outlets. 30, 2015, for up to 5 months. The recipients with December 1 starting FDA welcomes the attendance of the extension allows BPHC to eliminate the dates to budget period start dates later public at its advisory committee December 1 budget period start date by in the fiscal year, thus allowing these meetings and will make every effort to redistributing these grants to established award recipients comparable accommodate persons with physical start dates later in the fiscal year, opportunity to prepare and submit disabilities or special needs. If you thereby allowing award recipients applications while allowing BPHC to require special accommodations due to comparable opportunity to prepare and remain compliant with internal process a disability, please contact Stephanie L. submit applications while allowing timelines. By September 15, 2015, Begansky at least 7 days in advance of BPHC to remain compliant with internal $85,451,535 will be awarded to these the meeting. process timelines. 144 award recipients to continue FDA is committed to the orderly SUPPLEMENTARY INFORMATION: approved activities for up to 5 months. conduct of its advisory committee Intended Recipient of the Award: Award recipients will report progress meetings. Please visit our Web site at Health Center Program award recipients and financial obligations made during http://www.fda.gov/ with a project period end date of their budget period extension through AdvisoryCommittees/ November 30, 2015. routine reports.

TABLE 1—AWARD RECIPIENTS

Prorated Grant No. Award recipient name State New budget award amount period start ($)

H80CS00057 ...... The Providence Community Health Centers, Inc ...... RI January ...... 460,800 H80CS00058 ...... East Boston Neighborhood Health Center Corporation ...... MA February ...... 561,147 H80CS00059 ...... Wood River Health Services, Inc ...... RI May ...... 425,646 H80CS00060 ...... East Harlem Council for Human Services, Inc ...... NY April ...... 652,402 H80CS00061 ...... William F. Ryan Community Health Center, Inc ...... NY January ...... 691,645 H80CS00062 ...... Newark Community Health Centers, Inc ...... NJ February ...... 633,059 H80CS00063 ...... Consejo De Salud De Puerto Rico, Inc ...... PR January ...... 733,064

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TABLE 1—AWARD RECIPIENTS—Continued

Prorated Grant No. Award recipient name State New budget award amount period start ($)

H80CS00064 ...... Oda Primary Health Care Center, Inc ...... NY April ...... 667,221 H80CS00065 ...... Family Health Network of Central New York, Inc ...... NY May ...... 611,735 H80CS00067 ...... Park West Health Systems, Inc ...... MD February ...... 568,343 H80CS00068 ...... Total Health Care, Inc ...... MD January ...... 343,277 H80CS00069 ...... Tri-State Community Health Center ...... MD April ...... 958,543 H80CS00070 ...... Unity Health Care, Inc ...... DC January ...... 749,122 H80CS00071 ...... Covenant House, Inc ...... PA April ...... 763,811 H80CS00072 ...... Sto-Rox Neighborhood Health Council, Inc ...... PA May ...... 654,267 H80CS00073 ...... Peninsula Institute For Community Health, Inc ...... VA January ...... 460,088 H80CS00074 ...... Scranton Primary Health Care Center, Inc ...... PA May ...... 458,125 H80CS00075 ...... New River Health Association, Inc ...... WV April ...... 547,263 H80CS00076 ...... Keystone Rural Health Center ...... PA April ...... 1,068,687 H80CS00078 ...... Camden-On-Gauley Medical Center, Inc ...... WV May ...... 398,198 H80CS00080 ...... Community Care of West Virginia, Inc ...... WV April ...... 786,007 H80CS00081 ...... Rural Health Care, Inc ...... FL February ...... 633,939 H80CS00082 ...... Curtis V. Cooper Primary Health Care, Inc ...... GA April ...... 893,829 H80CS00083 ...... Park Duvalle Community Health Center, Inc ...... KY January ...... 335,986 H80CS00084 ...... Central Mississippi Civic Improvement Association, Inc ...... MS January ...... 462,927 H80CS00085 ...... Delta Health Center, Inc ...... MS February ...... 579,228 H80CS00086 ...... Piedmont Health Services, Inc ...... NC January ...... 468,414 H80CS00087 ...... Wake Health Services, Inc ...... NC April ...... 1,042,868 H80CS00088 ...... Greene County Health Care, Inc ...... NC January ...... 509,538 H80CS00090 ...... Family Health Centers, Inc ...... SC January ...... 360,589 H80CS00091 ...... Erlanger Medical Center ...... TN April ...... 791,040 H80CS00092 ...... Low Country Health Care System, Inc ...... SC April ...... 644,741 H80CS00093 ...... Georgia Mountains Health Services, Inc ...... GA April ...... 825,098 H80CS00094 ...... Whatley Health Services, Inc ...... AL January ...... 488,781 H80CS00096 ...... Mantachie Rural Health Care, Inc ...... MS May ...... 243,710 H80CS00097 ...... Manatee County Rural Health Services, Inc ...... FL January ...... 552,786 H80CS00098 ...... Bayou La Batre Area Health Development Board, Inc ...... AL April ...... 805,603 H80CS00099 ...... Franklin Primary Health Center, Inc ...... AL January ...... 813,618 H80CS00100 ...... First Choice Community Health Centers ...... NC April ...... 552,595 H80CS00101 ...... Premier Community Healthcare Group, Inc ...... FL January ...... 341,791 H80CS00102 ...... Family Health Centers, Inc ...... KY January ...... 407,856 H80CS00104 ...... Kinston Community Health Center, Inc ...... NC April ...... 623,329 H80CS00105 ...... Central North Alabama Health Services, Inc ...... AL April ...... 891,178 H80CS00106 ...... Lewis County Primary Care Center, Inc ...... KY April ...... 614,791 H80CS00107 ...... Robeson Health Care Corporation ...... NC April ...... 906,337 H80CS00108 ...... Baldwin Family Health Care ...... MI April ...... 908,083 H80CS00109 ...... TCA Health, Inc Nfp...... IL May ...... 515,392 H80CS00110 ...... Neighborhood Health Association of Toledo, Inc ...... OH April ...... 840,647 H80CS00111 ...... Heartland Health Outreach, Inc ...... IL January ...... 396,253 H80CS00112 ...... Open Cities Health Center ...... MN April ...... 672,575 H80CS00113 ...... Crusaders Central Clinic Association ...... IL January ...... 418,512 H80CS00114 ...... Healthnet, Inc ...... IN January ...... 476,909 H80CS00115 ...... Erie Family Health Center, Inc ...... IL January ...... 507,472 H80CS00116 ...... Alivio Medical Center, Inc ...... IL April ...... 1,059,492 H80CS00117 ...... AxessPointe Community Health Center, Inc ...... OH May ...... 677,233 H80CS00118 ...... Columbus Neighborhood Health Center, Inc ...... OH January ...... 373,944 H80CS00119 ...... County of Lake ...... IL February ...... 552,637 H80CS00120 ...... Friend Family Health Center, Inc ...... IL April ...... 806,746 H80CS00122 ...... Lee County Cooperative Clinic ...... AR April ...... 815,098 H80CS00123 ...... East Arkansas Family Health Center, Inc ...... AR April ...... 913,567 H80CS00124 ...... Cross Timbers Health Clinics, Inc ...... TX April ...... 909,224 H80CS00125 ...... Community Health Centers of South Central Texas, Inc ...... TX May ...... 611,910 H80CS00126 ...... Regence Health Network, Inc ...... TX January ...... 383,342 H80CS00127 ...... Martin Luther King Jr Family Clinic, Inc ...... TX February ...... 573,277 H80CS00128 ...... Centro De Salud Familiar La Fe, Inc ...... TX January ...... 458,443 H80CS00129 ...... Excelth, Inc ...... LA January ...... 338,583 H80CS00130 ...... Community Health Development, Inc ...... TX April ...... 908,327 H80CS00131 ...... Kansas Department of Health and Environment ...... KS May ...... 542,788 H80CS00132 ...... Richland Medical Clinic, Inc ...... MO April ...... 828,672 H80CS00133 ...... Betty Jean Kerr—People’s Health Centers ...... MO February ...... 631,044 H80CS00134 ...... Valley Wide Health Systems, Inc ...... CO January ...... 535,388 H80CS00135 ...... Horizon Health Care, Inc ...... SD January ...... 348,833 H80CS00137 ...... United Health Centers of the San Joaquin Valley ...... CA January ...... 669,889 H80CS00138 ...... Community Medical Centers, Inc ...... CA January ...... 522,161 H80CS00139 ...... Northeast Valley Health Corporation ...... CA January ...... 899,164 H80CS00140 ...... Adelante Healthcare, Inc ...... AZ January ...... 408,861 H80CS00141 ...... Mountain Park Health Center ...... AZ January ...... 601,935

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TABLE 1—AWARD RECIPIENTS—Continued

Prorated Grant No. Award recipient name State New budget award amount period start ($)

H80CS00142 ...... Altamed Health Services Corporation ...... CA January ...... 703,237 H80CS00143 ...... Darin M. Camarena Health Centers, Inc ...... CA February ...... 549,375 H80CS00145 ...... South County Community Health Center, Inc ...... CA April ...... 947,950 H80CS00146 ...... Anchorage Neighborhood Health Center, Inc ...... AK February ...... 557,898 H80CS00147 ...... Columbia Basin Health Association ...... WA January ...... 406,414 H80CS00148 ...... Northwest Human Services, Inc ...... OR April ...... 810,809 H80CS00149 ...... County of Multnomah ...... OR January ...... 669,764 H80CS00215 ...... Heartland International Health Centers ...... IL April ...... 711,254 H80CS00323 ...... Concilio De Salud Integral De Loiza, Inc ...... PR January ...... 328,371 H80CS00676 ...... Community Health Systems, Inc ...... WI May ...... 529,257 H80CS00850 ...... Watts Healthcare Corporation ...... CA January ...... 337,408 H80CS04196 ...... Cheyenne Health and Wellness Center ...... WY May ...... 405,179 H80CS04197 ...... Partnership Community Health Center, Inc ...... WI May ...... 423,294 H80CS04200 ...... Community Health Centers of Southern Iowa, Inc ...... IA May ...... 412,351 H80CS04201 ...... Community Council of Idaho, Inc ...... ID May ...... 390,180 H80CS04202 ...... Mary’s Center For Maternal and Child Care, Inc ...... DC May ...... 544,160 H80CS04203 ...... Juniper Health, Inc ...... KY May ...... 668,967 H80CS04204 ...... Community Health Center ...... OR April ...... 631,155 H80CS04205 ...... Lewis County Community Health Services, Inc ...... WA May ...... 463,722 H80CS04206 ...... Asher Community Health Center ...... OR May ...... 204,088 H80CS04207 ...... Columbia River Community Health Services ...... OR May ...... 320,816 H80CS04208 ...... Yakutat Tribe ...... AK May ...... 267,278 H80CS04209 ...... Alaska Island Community Services ...... AK April ...... 627,569 H80CS04210 ...... Goodwin Community Health ...... NH May ...... 469,613 H80CS04211 ...... Zufall Health Center, Inc ...... NJ February ...... 571,828 H80CS04212 ...... Health Partners of Western Ohio ...... OH April ...... 928,816 H80CS04213 ...... The Brevard Health Alliance, Inc ...... FL April ...... 860,910 H80CS04214 ...... Citrus Health Network, Inc ...... FL April ...... 581,191 H80CS04215 ...... Healthfirst Family Care Center, Inc ...... MA May ...... 519,561 H80CS04216 ...... Salina Health Education Foundation ...... KS May ...... 421,788 H80CS04217 ...... Venice Family Clinic ...... CA May ...... 651,363 H80CS04218 ...... County of Solano ...... CA May ...... 596,799 H80CS04219 ...... Community Health Clinic Ole ...... CA April ...... 583,317 H80CS04220 ...... Community Health Alliance Of Pasadena ...... CA February ...... 623,981 H80CS04222 ...... Valley Community Healthcare ...... CA April ...... 893,755 H80CS04223 ...... EISNER Pediatric & Family Medical Center ...... CA April ...... 859,741 H80CS04224 ...... Karuk Tribe ...... CA May ...... 378,421 H80CS04226 ...... Hill Country Community Clinic ...... CA May ...... 418,025 H80CS04286 ...... Stigler Health & Wellness Center, Inc ...... OK April ...... 766,526 H80CS04287 ...... Project Vida Health Center ...... TX April ...... 801,248 H80CS04288 ...... River Valley Primary Care Services ...... AR May ...... 429,862 H80CS04289 ...... Lone Star Circle of Care ...... TX April ...... 884,105 H80CS04290 ...... St. Francis House NWA, Inc ...... AR April ...... 866,346 H80CS04291 ...... Penobscot Community Health Center, Inc ...... ME February ...... 548,814 H80CS06444 ...... Hernando County Health Department/Nature Coast CHC, Inc ...... FL May ...... 429,170 H80CS06445 ...... Fourth Ward d.b.a Good Neighbor Healthcare Center ...... TX May ...... 450,233 H80CS06446 ...... Community Health Connection, Inc ...... OK May ...... 409,525 H80CS06447 ...... Spring Branch Community Health Center ...... TX April ...... 567,997 H80CS06449 ...... Pasadena Health Center, Inc ...... TX May ...... 410,263 H80CS06450 ...... Tensas Community Health Center ...... LA May ...... 276,396 H80CS06452 ...... Pancare of Florida, Inc ...... FL February ...... 565,567 H80CS06453 ...... Pushmataha Family Medical Center, Inc ...... OK May ...... 388,158 H80CS06454 ...... Primary Care of Southwest Georgia, Inc ...... GA May ...... 659,322 H80CS06455 ...... Midland Community Healthcare Services ...... TX May ...... 413,243 H80CS06456 ...... Fairfax Medical Facilities, Inc ...... OK April ...... 548,527 H80CS06457 ...... North Texas Area Community Health Centers, Inc ...... TX May ...... 675,548 H80CS06458 ...... Osceola County Health Department ...... FL April ...... 631,458 H80CS06459 ...... Primary Care Providers for a Healthy Feliciana ...... LA April ...... 1,009,172 H80CS06460 ...... Shackelford County Community Resource Center ...... TX April ...... 757,384 H80CS06461 ...... Chota Community Health Services ...... TN May ...... 435,160 H80CS06674 ...... Los Angeles Christian Health Centers ...... CA February ...... 549,003 H80CS08329 ...... Adams County Health Center, Inc ...... ID May ...... 307,964 H80CS08777 ...... County of Cass ...... IL May ...... 367,674 H80CS11255 ...... Stephen F. Austin Community Health Center, Inc ...... TX May ...... 399,520 H80CS18278 ...... Rainelle Medical Center ...... WV May ...... 312,398 H80CS25436 ...... The Health & Hospital Corp of Marion County ...... IN May ...... 634,731 H80CS25679 ...... J C Lewis Health Center ...... GA April ...... 597,193

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FOR FURTHER INFORMATION CONTACT: Human Services, Health Resources and affairs programs, provides centralized Olivia Shockey, Expansion Division Services Administration, Parklawn Building, leadership and guidance for public Director, Office of Policy and Program 17W29–C, 5600 Fishers Lane, Rockville, MD affairs activities within HHS’ Staff and Development, Bureau of Primary Health 20857, Telephone (301) 443–0835, Fax (301) Operating Divisions and regional 443–2803. Care, Health Resources and Services Persons interested in attending any portion offices, manages the Department’s Administration at 301–443–9282 or of the meeting should contact Pierre Joseph digital communications and administers [email protected]. at the Federal Office of Rural Health Policy the Freedom of Information and Privacy Dated: July 31, 2015. (FORHP) via telephone at (301) 945–0897 or Acts. The Division leads the planning, by email at [email protected]. The James Macrae, development and implementation of Committee meeting agenda will be posted on emergency incident communications Acting Administrator. the Committee’s Web site at http:// strategies and activities for the [FR Doc. 2015–19524 Filed 8–7–15; 8:45 am] www.hrsa.gov/advisorycommittees/rural/. Department. The ASPA reports directly BILLING CODE 4165–15–P Jackie Painter, to the HHS Secretary. Director, Division of the Executive Secretariat. II. Under Part A, Chapter AP, Section AP.10 Organization, delete in its DEPARTMENT OF HEALTH AND [FR Doc. 2015–19546 Filed 8–7–15; 8:45 am] entirety and replace with the following: HUMAN SERVICES BILLING CODE 4165–15–P AP.10 Organization. The Office of the Health Resources and Services Assistant Secretary for Public Affairs, Administration DEPARTMENT OF HEALTH AND headed by the Assistant Secretary for HUMAN SERVICES Public Affairs (ASPA) who reports to National Advisory Committee on Rural the Secretary, supports public affairs Health and Human Services; Notice of Office of the Secretary, Office of the efforts for three primary issue areas: Meeting Assistant Secretary for Administration Public Health, Human Services, and Health Care. ASPA consists of the In accordance with section 10(a)(2) of Statement of Organization, Functions, following organizations: the Federal Advisory Committee Act and Delegations of Authority; Office of • The Office of the Assistant Secretary (Pub. L. 92–463), notice is hereby given the Assistant Secretary for Public of the following meeting: for Public Affairs, Agency Chief FOIA Affairs Officer Name: National Advisory Committee on • The Office of the Principal Deputy Rural Health and Human Services. Part A of the HHS Organization Manual Office of the Secretary, Assistant Secretary Dates and Time: September 9, 2015, 8:45 —Strategic Planning Division a.m.–5:00 p.m. CDT, September 10, 2015, Department of Health and Human Services (HHS) is being amended at —Speechwriting Division 8:30 a.m.–5:15 p.m. CDT, September 11, • 2015, 8:30 a.m.–11:00 a.m. CDT. Chapter AP, ‘‘Office of the Assistant The Office of the Deputy Assistant Place: Shooting Star Hotel, 777 S Casino Secretary for Public Affairs (ASPA),’’ as Secretary for Public Health • Road, Mahnomen, Minnesota 56557, (800) last amended at 70 FR 61621–22, dated The Office of the Deputy Assistant 453–7827. Oct. 25, 2005. Over the past several Secretary for Health Care Status: The meeting will be open to the • The Office of the Deputy Assistant public. years, ASPA has been refining its organizational structure to improve its Secretary for Human Services Purpose: The National Advisory —Broadcast Services Division Committee on Rural Health and Human strategic and operational communication capacities to more —Digital Communications Division Services provides counsel and • recommendations to the Secretary with effectively support the mission and Executive Officer/Deputy Agency respect to the delivery, research, strategic priorities of the Department. A Chief FOIA Officer development, and administration of health substantive element of this change has —Business Operations Division and human services in rural areas. been a shift from a purely operational —Administrative Operations Division Agenda: The meeting on Wednesday, structure focusing on defined services to —FOIA/Privacy Act Division September 9, will be called to order at 8:45 III. Under Section AP.20 Functions, a.m. by the Chairperson of the Committee, one that builds a whole-of-ASPA the Honorable Ronnie Musgrove. The approach that draws on all delete in its entirety, and replace with Committee will examine the issue of Health communication skills across each of the following: Care Delivery System Reform in rural areas three key portfolios—health care, public A. The Office of the Assistant and the issue of Rural Child Poverty. The day health, and human services. The Secretary for Public Affairs (AP)— will conclude with a period of public proposed organizational realignments Provides executive leadership, policy comment at approximately 4:45 p.m. will, therefore, update and revise direction, and management strategy for The Committee will break into ASPA’s structure to reflect this more the Department’s public affairs Subcommittees and depart for site visits programs and activities. Counsels and Thursday morning, September 10, at functional, strategic operational approximately 8:30 a.m. Subcommittees will approach. The changes are described acts for the Secretary and the visit the Otter Tail County Public Health below: Department in carrying out Department in Fergus Falls, Minnesota, and I. Under Part A, Chapter AP, Section responsibilities under statutes, the Sanford Heath Detroit Lakes Clinic in AP.00 Mission, delete in its entirety and Presidential directives, and Secretarial Detroit Lakes, Minnesota. The day will replace with the following: orders for informing the general public, conclude at the Shooting Star Hotel with a AP.00 Mission: The ASPA serves as specialized audiences, HHS employees, period of public comment at approximately the Secretary’s principal counsel on and other Federal employees about the 5:00 p.m. public affairs, leading efforts across the programs, policies, and services of the The Committee will meet to summarize Department to promote transparency, Department. Establishes and enforces key findings and develop a work plan for the next quarter and the following meeting on accountability and access to critical policies and practices which produce an Friday morning, September 11, at 8:30 a.m. public health and human services accurate, clear, efficient, and consistent For Further Information Contact: Steve information to the American people. flow of information to the general public Hirsch, MSLS, Executive Secretary, National The Office of the Assistant Secretary for and other audiences about departmental Advisory Committee on Rural Health and Public Affairs conducts national public programs and activities. Provides

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advice, counsel and information to the helping the Assistant Secretary for to develop a long-term outreach Secretary and other HHS policymakers Public Affairs generate a strategic focus strategy, coordinate in-house to ensure that public affairs impact is for stories and other information communications efforts, and ensure considered in the establishment of products that the Department develops consistency with plain writing departmental policies or the conduct of and wishes to highlight. Manages or directives. Promotes full and open its activities. Serves as the principal coordinates the conduct of high priority participation in the communications point of contact with senior White media campaigns and information process and develops reports and House officials regarding programs in the Department. Acts as recommendations, ensuring full review communications and press issues. liaison to private sector organizations, to and vetting of drafts by appropriate staff Exercises professional leadership and the Operating and Staff Divisions, to the between and among ASPA’s customers provides functional management of public affairs units in the HHS and stakeholders at all levels. public affairs activities throughout the Operating Divisions and Regions and to Researches, understands, and translates Department to ensure that Secretarial other Federal agencies, including OMB for a lay audience laws, policies, priorities are followed, high quality and the Office of Public Liaison at the regulations and precedents applicable to standards are met, and cost-effective, White House. Initiates, designs and public health, health care, and human non-duplicative communications effects outreach programs for all services. Oversees the document products are developed which organizations, associations and clearance process and the prioritization accurately and effectively inform its individuals concerned with the broad of rollouts while taking into account audiences. Serves as Secretarial range of policies, programs and issues of internal and external feedback. surrogate throughout the public and the Department. Performs special Coordinates and/or prepares briefings, private sector to both represent the assignments which involve and cut memos, policy calendars and other views of the Administration and the across Department programs and information material for use by the Secretary, and to inform and educate activities to achieve broadly defined Secretary, HHS, at Secretarial and senior various audiences. Ensures coordination public affairs management and program staff briefings, the White House, and for among public affairs components. objectives. Interacts with internal and congressional and other briefings. Manages public affairs issues and external organizations, groups and B2. Speechwriting Division (APE2)— special activities that cut across individuals to secure and provide Serves as the principal resource with Operating Division lines. information concerning matters the Department for reviewing and In addition, the Assistant Secretary affecting HHS policy, interests, and editing written materials reflecting the for Public Affairs (ASPA) serves as the initiatives. Represents the Assistant views of the Secretary, Deputy HHS Agency Chief FOIA Officer Secretary for Public Affairs in conveying Secretary, and Chief of Staff. Prepares (ACFO), pursuant to Executive Order official viewpoints and policy speeches, statements, articles, and 13392 and the Freedom of Information considerations of the Department and related material for the Secretary, Act, as amended by Public Law 110– the Administration. Deputy Secretary, and Chief of Staff and 175, 121 Stat. 2524, 5 U.S.C. 552(k). In other top Departmental officials. this capacity, the ASPA/ACFO is B1. Strategic Planning Division Researches and prepares Op Ed pieces, responsible for administering (APE1)—Provides strategic, long-term features, articles, and stories for the information access and privacy vision and strong leadership on public media. protection laws and HHS regulations health, health care, and human services C. Deputy Assistant Secretary for implementing these laws to ensure initiatives. Collaborates with and has Public Affairs (Public Health) (APB)— Department wide consistency in the authority to work across HHS Staff/ The Public Health team works with information disclosure, confidentiality Operating Divisions and White House agencies such as the Centers for Disease policies, practices and procedures. Such Press Offices. Leads implementation of Control and Prevention, Food and Drug laws include the Freedom of strategic plans and coordinates earned, Administration, National Institutes for Information Act and the Privacy Act, as digital, and specialty media staff across Health, and others on initiatives and well as the open meetings provisions of the Department to boost impact, strategies to promote public health, the Federal Advisory Committee Act, ensuring the right message is delivered improve health outcomes, prevent the Government in the Sunshine Act to the right audience through the right disease, respond to outbreaks, and and the disclosure provisions of the channel. Advises the Secretary and accelerate scientific discovery. Key Ethics in Government Act. Senior Staff on tactics, timing and level priorities include helping Americans B. The Office of the Principal Deputy of investment in accordance with the achieve and maintain a healthy weight, Assistant Secretary for Public Affairs Department’s strategic priorities. preventing and reducing tobacco use, (APE)—Responsible for developing Provides proactive consultation and supporting the National HIV/AIDS effective strategies to publicize advice to HHS Staff/Operating strategy, and implementing a modern Departmental policies, goals and Divisions, including regional staff, food safety system. The Deputy accomplishments, activities related to regarding the dissemination of Assistant Secretary for Public Affairs the Department’s communications information on programs, policies, and (Public Health)—DAS–PH—provides services and public affairs policy initiatives; while ensuring the wide advice and assistance on all public analysis, and management oversight of dissemination of accurate materials to affairs matters within ASPA’s public the Strategic Planning Division and the the American public. Participates with health portfolio, in consultation with Speechwriting Division. Provides advice the Assistant Secretary for Public Affairs the Assistant Secretary for Public Affairs and assistance on all public affairs (ASPA), the Principal Deputy Assistant and in coordination with the Principal matters, in consultation with the Secretary (PDAS), and other ASPA staff Deputy Assistant Secretary for Public Assistant Secretary for Public Affairs; in discussions with staff across the Affairs. In this capacity, the DAS–PH: coordinates with ASPA’s Deputy Department on cross-cutting issues Provides prompt responses to media Assistant Secretaries for Public Affairs regarding overall policies, planning, and public inquiries; and generates a (Public Health, Health Care, Human issues, concerns and activities and strategic focus for stories and other Services) in providing prompt response related health care programs. Works information products or outputs that the to media and public inquiries, and in with all HHS Staff/Operating Divisions Department develops and wishes to

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highlight; Conducts an active (APD)—The Human Services team helps development and review of HHS Web communication program with the public Americans of all ages and backgrounds content, social media, and supporting on behalf of the Department through the live full, productive lives: Kids getting technologies. Recommends and media and other avenues of a ‘‘Head Start’’ through early childhood implements digital (including Web) communication in order to further education, families transitioning out of information policy, standards, guidance, public understanding of its policies, poverty to economic independence, and tools for the Department. Assesses programs and issues; Coordinates press teens and adults recovering from mental the content and usability of all proposed activities with the White House Press illness and addiction, and seniors Department-wide and Office of the Office and other government participating in communities that value Secretary (OS)-level Web sites to ensure departmental press operations; their contributions. These and other they are consistent with Departmental Responds to inquiries from Congress, human service programs are carried out policies and goals. Manages the daily other arms of the government, media by the Administration for Children and operations of the main HHS/OS public and the public that involves the Families, Administration for Web site (HHS.gov) and associated collection of data. In addition, the DAS– Community Living, Indian Health social media; the Department’s priority PH leads the planning, development Service, Office for Civil Rights, and Web sites and several cross-federal topic and implementation of emergency Substance Abuse and Mental Health Web sites, such as FoodSafety.gov and incident and risk communications Services Administration. The Deputy Flu.gov, Secretary-level Web pages; and strategies and activities for the Assistant Secretary for Public Affairs the HHS intranet. Runs the Department. (Human Services)—DAS–HS—provides Department’s user experience (UE) D. Deputy Assistant Secretary for advice and assistance on all public program, including two usability Public Affairs (Health Care) (APC)—The affairs matters within ASPA’s healthcare laboratories; responsible for Section 508 Health Care team works to advance a portfolio, in consultation with the (accessibility) compliance across all 21st century healthcare system that Assistant Secretary for Public Affairs Departmental digital communications delivers high quality, affordable care to and in coordination with the Principal platforms, including Web. all Americans. The team works with Deputy Assistant Secretary for Public F. Executive Officer/Deputy Agency agencies such as the Agency for Affairs. In this capacity, the DAS–HS: Chief FOIA Officer (APA)—Coordinates Healthcare Research and Quality, Office Provides prompt responses to media ASPA’s day-to-day operations, of the National Coordinator for Health and public inquiries; and generates a overseeing management operations and Information Technology, Health strategic focus for stories and other policy, workforce plans and other Resources and Services Administration, information products or outputs that the human resources activities, and general and the Centers for Medicare & Department develops and wishes to administrative support including Medicaid Services to improve access, highlight; Conducts an active information technology requirements. quality, safety, efficiency, and communication program with the public Oversees the formulation and execution effectiveness of the nation’s healthcare. on behalf of the Department through the of ASPA’s annual budgets and financial The Deputy Assistant Secretary for media and other avenues of operating plans. Ensures that ASPA Public Affairs (Health Care)—DAS– communication in order to further effectively integrates its performance HC—provides advice and assistance on public understanding of its policies, metrics and budget processes, in order all public affairs matters within ASPA’s programs and issues; Coordinates press to support informed decision-making healthcare portfolio, in consultation activities with the White House Press related to funding constraints and with the Assistant Secretary for Public Office and other government program requirements and outcomes. Affairs and in coordination with the departmental press operations; Supports the development and Principal Deputy Assistant Secretary for Responds to inquiries from Congress, implementation of management Public Affairs. In this capacity, the other arms of the government, media strategies, business processes, and DAS–HC: Provides prompt responses to and the public that involves the standard operating procedures that fully media and public inquiries; and collection of data. In addition, the DAS– support the attainment of ASPA generates a strategic focus for stories HS provides direction and oversight to program goals and mission critical and other information products or the Broadcast Communications Division initiatives. outputs that the Department develops (BCD) and the Digital Communications ASPA’s Executive Officer also serves and wishes to highlight; Conducts an Division (DCD). as the designated Deputy Agency Chief active communication program with the E.1 Broadcast Communications FOIA Officer (DACFO) and is delegated public on behalf of the Department Division—BCD (APD1)—Collaborates authority to execute the provisions of through the media and other avenues of with subject matter experts and key EO 13392 and 5 U.S.C. 552 (k), as communication in order to further stakeholders to create useful and cost follows: Monitoring FOIA public understanding of its policies, effective video products that support implementation throughout the programs and issues; Coordinates press Departmental goals. Provides a wide department and keeping the Secretary activities with the White House Press range of video production and A/V and the Office of the General Counsel Office and other government services. Operates the HHS studio and (OGC), HHS, and the U.S. Attorney departmental press operations; coordinates activities with other HHS General appropriately informed of HHS’ Responds to inquiries from Congress, studios as required. Under the direction performance in implementing FOIA; other arms of the government, media of the ASPA, supports key initiatives for recommending to the Secretary and the public that involves the the Secretary and all HHS Staff adjustments to departmental practices, collection of data. A key initiative in the Divisions by developing and policies, personnel, and funding DAS–HC portfolio is to help implement implementing media campaigns and necessary to improve HHS the Affordable Care Act, which is special projects. Acts as liaison to implementation of FOIA; facilitating providing new coverage options and broadcast organizations. Supports A/V public understanding of the purposes of tools for Americans to make informed services in the Humphrey Auditorium the statutory FOIA exemptions; choices about their health. and Great Hall. establishing Departmental FOIA policies E. Deputy Assistant Secretary for E.2 Digital Communications and providing training and technical Public Affairs (Human Services) Division—DCD (APD2): Leads the assistance to the department’s Operating

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Divisions (OpDivs); concurring in the Office of the Secretary (OS) Office of DEPARTMENT OF HEALTH AND delegation by an authorized HHS OpDiv Human Resources (OHR) on sensitive HUMAN SERVICES FOIA Officer of the officer’s authority to personnel issues (e.g., EEO, labor and deny records or determine fees; serving management relations, performance and Health IT Standards Committee; as the review authority for appeals from conduct-based actions). Coordinates Schedule for the Assessment of Health a decision to deny a request for records with OHR concerning all ASPA IT Policy Committee or a refusal to waive fees made by the recruitment and personnel actions and Recommendations Director, FOIA/Privacy Act Division, manages professional staff development. AGENCY: Office of the National ASPA, as well as ensuring consultation Administers ASPA’s Ethics Program and Coordinator for Health Information with OGC and providing review and serves as liaison with OS’ Office of concurrence on all departmental appeal Technology, HHS. Security and Strategic Information decisions, including those on fees; ACTION: Notice. general responsibility for Department- (OSSI) on behalf of ASPA staff regarding SUMMARY: Section 3003(b)(3) of the wide implementation and personnel security initiatives and American Recovery and Reinvestment administration of the Privacy Act; requirements. Act of 2009 mandates that the Health IT authority to decide appeals of refusals to F3. FOI/Privacy Acts Division Standards Committee develop a amend or correct records of the Office (APA3)—Administers Freedom of schedule for the assessment of policy of the Secretary (OS); serving as ASPA’s Information Act (FOIA) and Privacy Act recommendations developed by the designated senior level official on the issues and requests, including appeals Health IT Policy Committee and publish HHS Data Integrity Board; and for the Office of the Secretary. Supports it in the Federal Register. This notice acknowledging receipt of requests from and assists the execution of the ACFO/ fulfills the requirements of Section OpDiv and OS Staff Division heads and DACFO responsibilities to monitor and 3003(b)(3) and updates the schedule Regional Directors for waivers to the facilitate departmental compliance with minimum safeguarding standards posted in the Federal Register on public disclosure requirements; August 18, 2014. In anticipation of established to secure records establish departmental Freedom of maintained in systems of records. receiving recommendations originally F1. Business Operations Division Information Act policies; coordinate, developed by the Health IT Policy (APA1)—Directs ASPA budget monitor, and compile reports to Committee, the Health IT Standards formulation, execution and financial Congress; and provide technical Committee will form task forces that management; incorporating a results- assistance to the HHS Operating will be convened to address specific oriented, program quality, and cost Divisions. Maintains the Department’s issues, as needed. effectiveness focus into assessing and index of materials mandated for public Health IT Standards Committee’s managing ASPA’s resource release by FOIA. In concert with Office Schedule for the Assessment of Health requirements and developing and of General Counsel staff, assists in IT Policy Committee Recommendations executing integrated performance-based developing regulations, policy is as follows: budgets. Oversees and manages ASPA interpretations, guidelines and The National Coordinator will contracts and procurements, physical procedures, and training programs for establish priority areas based in part on property, and information technology all Department components, as recommendations received from the initiatives and requirements. necessary and appropriate to implement Health IT Policy Committee regarding health information technology Coordinates travel operations support, FOIA and related legislation, including standards, implementation reporting, and auditing. Serves as the Privacy Act, Federal Advisory specifications, and/or certification ASPA’s liaison to the Office of the Committee Act and the Government in Assistant Secretary for Financial criteria. Once the Health IT Standards the Sunshine Act. Provides responses to Committee is informed of those priority Resources (ASFR) for budget and requests made to components of the finance matters and the Office of the areas, it will: Office of the Secretary pursuant to the Assistant Secretary for Administration (A) Identify the best mechanism by Freedom of Information Act and (ASA) for facilities, property which to organize itself in order to accountability, and contract determines the availability of records respond to the National Coordinator implementation and oversight matters. and information under the law and HHS within 90 days with, at a minimum, the Additionally serves as the ASPA point Regulations. Resolves questions following: of contact for departmental UFMS, regarding the release of records which (1) An assessment of what standards, PRISM, and acquisition management overlap the FOIA and the Privacy Act. implementation specifications, and initiatives and for budget and Analyzes and recommends action on certification criteria are currently performance integration inquiries from FOIA and Privacy Act appeals for available to meet the priority area; OMB and Congress. documents denied by officials in the (2) An assessment of where gaps exist F2. Administrative Operations Office of the Secretary. (i.e., no standard is available or Division (APA2)—Directs ASPA’s harmonization is required because more Dated: August 3, 2015. human capital planning, human than one standard exists) and identify resources (HR) performance E.J. Holland, Jr., potential organizations that have the management, and other departmental Assistant Secretary for Administration. capability to address those gaps; and HR policy and program requirements. [FR Doc. 2015–19522 Filed 8–7–15; 8:45 am] (3) a timeline, which may also Serves as ASPA’s internal consultant BILLING CODE 4150–25–P account for NIST testing, where and source of expert technical appropriate, and include dates when the assistance on organizational Health IT Standards Committee is development and human capital expected to issue recommendation(s) to management (e.g., staffing and the National Coordinator. workforce analysis, transition and (B) Upon responding to the National succession planning, awards and special Coordinator, the Health IT Standards honors programs), and as liaison to the Committee will:

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(1) Approve a timeline by which it Name of Committees: Health IT exchange and use of health information. will deliver recommendations to the Standards Committee and Health IT Nominees of the HITSC should have National Coordinator; and Policy Committee. experience promoting the meaningful (2) Determine whether to establish a General Function of the Committees: use of health information technology task force to conduct research and The HITPC is charged to provide and be knowledgeable in areas such as: solicit testimony, where appropriate, recommendations to the National small innovative health care providers, and issue recommendations to the full Coordinator on a policy framework for providers participating in payment committee in a timely manner. the development and adoption of a reform initiatives, accountable care (C) Advise the National Coordinator, nationwide health information organizations, pharmacists, behavioral consistent with the accepted timeline in technology infrastructure that permits health professionals, home health care, (B)(1) and after NIST testing, where the electronic exchange and use of purchaser or employer representatives, appropriate, on standards, health information as is consistent with patient safety, health information implementation specifications, and/or the Federal Health IT Strategic Plan and technology security, big data, consumer certification criteria, for the National that includes recommendations on the e-health, personal health records, and Coordinator’s review and determination areas in which standards, mobile health applications. whether or not to endorse the implementation specifications, and Members will be selected in order to certification criteria are needed. recommendations, and possible achieve a balanced representation of The HITSC is charged to provide adoption of the proposed viewpoints, areas of experience, subject recommendations by the Secretary of recommendations to the National Coordinator on standards, matter expertise, and representation of the Department of Health and Human the health care system. Terms will be Services. implementation specifications, and certification criteria for the electronic three (3) years from the appointment The standards and related topics date to either the HITSC or HITPC. which the Health IT Standards exchange and use of health information for purposes of adoption, consistent Members on both Committees serve Committee is expected to address over without pay. However, members will be the coming year include, but may not be with the implementation of the Federal Health IT Strategic Plan, and in provided per diem and travel costs for limited to: Quality measurement; the Committee services. extended portfolio of standards for the accordance with policies developed by nationwide health information network; the Health IT Policy Committee. The HITPC will be seeking distributed queries and results; Date and Time: Applications must be applications for the following area of radiology; consumer-mediated received by 12:00 p.m. on Friday, expertise: information exchange; public health; September 11, 2015. • Consumer/Patient Representative Contact Person: Michelle Consolazio, data portability; and a process for the The HITSC will be seeking phone: (202) 341–6144, email: maintenance of standards. applications for the following areas of [email protected] . For a listing of upcoming Health IT expertise: Standards Committee meetings, please Background: The Health IT Policy Committee was established under the • Technical Expertise, Small visit the ONC Web site at http:// American Recovery and Reinvestment Innovative Provider www.healthit.gov/facas/calendar. • Notice of this schedule is given under Act 2009 (ARRA)(P.L. 111–5), section Technical Expertise, CIO the American Recovery and 13101, new Section 3002. Members of • Health Plans Representative the Health IT Policy Committee are Reinvestment Act of 2009 (Pub. L. 111– • Technical Expertise, Health IT (2) 5), section 3003. appointed in the following manner: 3 members appointed by the Secretary, • Purchaser/Employer Representative Dated: August 3, 2015. HHS; 4 members appointed by • Long-term Care Representative Michelle Consolazio, Congress; 13 members appointed by the • Ancillary Healthcare Worker FACA Lead, Office of Policy, Office of the Comptroller General of the United Representative National Coordinator for Health Information States; and other federal members For more information about the Technology. appointed by the President. HITPC please visit: http:// [FR Doc. 2015–19620 Filed 8–7–15; 8:45 am] Applications are being accepted for one www.healthit.gov/facas/health-it-policy- BILLING CODE 4150–45–P of the three members appointed by the committee Secretary of HHS. Nominees of the HITPC should have experience For more information about the DEPARTMENT OF HEALTH AND promoting the meaningful use of health HITSC please visit: http:// HUMAN SERVICES information technology and be www.healthit.gov/facas/health-it- knowledgeable in privacy and security standards-committee. Health IT Policy Committee and Health issues related to health information. Submitting Applications: IT Standards Committee; Call for The Health IT Standards Committee Applications should be submitted Applications was established under the American electronically through the application AGENCY: Office of the National Recovery and Reinvestment Act 2009 database FACA application page on the Coordinator for Health Information (ARRA) (Pub. L. 111–5), section 13101, HealthIT.gov Web site at: http:// Technology, HHS. new Section 3003. Members of the www.healthit.gov/facas/faca- ACTION: Call for applications. Health IT Standards Committee are workgroup-membership-application. All appointed by the Secretary, HHS and applications must be compiled and SUMMARY: The Office of the National shall at least reflect providers, ancillary submitted in one complete package. An Coordinator for Health Information healthcare workers, consumers, application package must include: A Technology (ONC) is seeking purchasers, health plans, technology short bio, a current CV including applications to the Health Information vendors, researchers, relevant Federal contact information and memberships Technology Policy Committee (HITPC) agencies, and individuals with technical with professional organizations/ and the Health Information Technology expertise on health care quality, privacy advisory committees, and two letters of Standards Committee (HITSC). and security, and on the electronic support.

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Dated: August 3, 2015. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Michelle Consolazio, HUMAN SERVICES HUMAN SERVICES FACA Program Lead, Office of Policy, Office of the National Coordinator for Health National Institutes of Health National Institutes of Health Information Technology. Eunice Kennedy Shriver National [FR Doc. 2015–19621 Filed 8–7–15; 8:45 am] Eunice Kennedy Shriver National Institute of Child Health & Human Institute of Child Health & Human BILLING CODE 4150–45–P Development; Notice of Closed Development; Notice of Meeting Meeting. Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as HUMAN SERVICES Pursuant to section 10(d) of the amended (5 U.S.C. App.), notice is Federal Advisory Committee Act, as hereby given of a meeting of the National Institutes of Health amended (5 U.S.C. App.), notice is National Advisory Child Health and hereby given of the following meeting. Human Development Council. Notice of Listing of Members of the The meeting will be closed to the The meeting will be open to the National Institutes of Health’s Senior public in accordance with the public as indicated below, with Executive Service 2015 Performance provisions set forth in sections attendance limited to space available. A Review Board (PRB) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., portion of this meeting will be closed to as amended. The grant applications and the public in accordance with the provisions set forth in sections The National Institutes of Health the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (NIH) announces the persons who will confidential trade secrets or commercial as amended for the review and serve on the National Institutes of property such as patentable material, discussion of grant applications. Health’s Senior Executive Service 2015 and personal information concerning Performance Review Board. This action Individuals who plan to attend and individuals associated with the grant need special assistance, such as sign is being taken in accordance with Title applications, the disclosure of which 5, U.S.C., Section 4314(c)(4), which language interpretation or other would constitute a clearly unwarranted reasonable accommodations, should requires that members of performance invasion of personal privacy. review boards be appointed in a manner notify the contact person listed below in to ensure consistency, stability, and Name of Committee: National Institute of advance of the meeting. objectivity in performance appraisals Child Health and Human Development Name of Committee: National Advisory and requires that notice of the Special Emphasis Panel; Cortical Child Health and Human Development multisensory connectivity a predictor of appointment of an individual to serve as Council. neurodevelopmental outcome. Date: September 17, 2015. a member be published in the Federal Date: August 20, 2015. Closed : September 17, 2015, 1:30 p.m. to Register. Time: 1:00 p.m. to 4:00 p.m. 5:00 p.m. The following persons will serve on Agenda: To review and evaluate grant Agenda: To review and evaluate grant the NIH Performance Review Board, applications. applications. Date: September 18, 2015. Place: National Institutes of Health, 6100 which oversees the evaluation of Open: September 18, 2015, 8:00 a.m. to performance appraisals of the NIH Executive Boulevard, Rockville, MD 20852, Adjournment. Senior Executive Service (SES) (Telephone Conference Call). Agenda: Report of the Director, NICHD; members: Contact Person: Sathasiva B. Kandasamy, Report of the Acting Director, Division of Ph.D., Scientific Review Administrator, Extramural Research, NICHD; Division of Colleen Barros, Chair Division Of Scientific Review, National Intramural Research Presentation; and Drug Michelle Bulls Institute of Child Health and Human Recovery & Development in NICHD Development, 6100 Executive Boulevard, Populations Presentation. Michael Gottesman Room 5B01, Bethesda, MD 20892–9304, (301) Place: National Institutes of Health, Caroline Lewis 435–6680, [email protected]. Building 31, Center Drive, C-Wing, This notice is being published less than 15 Conference Room 6, Bethesda, MD 20892. Lawrence Tabak Contact Person: Della Hann, Ph.D., days prior to the meeting due to the timing Michael Tartakovsky Director, Division of Extramural Research, limitations imposed by the review and Eunice Kenney Shriver, National Institute of Timothy Wheeles funding cycle. Child Health and Human Development, NIH, For further information about the NIH (Catalogue of Federal Domestic Assistance 6100 Executive Blvd., Room 4A05, MSC Performance Review Board, contact the Program Nos. 93.864, Population Research; 7510, Bethesda, MD 20892, (301) 496–5577. 93.865,Research for Mothers and Children; Any interested person may file written Office of Human Resources, Executive comments with the committee by forwarding Services Group, National Institutes of 93.929, Center for Medical Rehabilitation Research; 93.209,Contraception and the statement to the contact person listed on Health, Building 2, Room 5E18, Infertility Loan Repayment Program, National this notice. The statement should include the Bethesda, Maryland 20892, telephone name, address, telephone number, and when Institutes of Health, HHS) imposed by the 301–402–7999 (not a toll-free number). applicable, the business or professional review and funding cycle. affiliation of the interested person. Dated: July 31, 2015. Dated: August 4, 2015. In the interest of security, NIH has instituted stringent procedures for entrance Francis S. Collins, Michelle Trout, Director, National Institutes of Health. onto the NIH campus. All visitor vehicles, Program Analyst, Office of Federal Advisory including taxis, hotel, and airport shuttles, [FR Doc. 2015–19619 Filed 8–7–15; 8:45 am] Committee Policy. will be inspected before being allowed on BILLING CODE 4140–01–P [FR Doc. 2015–19544 Filed 8–7–15; 8:45 am] campus. Visitors will be asked to show one BILLING CODE 4140–01–P form of identification (for example, a government-issued photo ID, driver’s license, or passport) and to state the purpose of their visit.

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In order to facilitate public attendance at Room 5B01, Bethesda, MD 20892–9304, (301) Dated: August 4, 2015. the open session of Council in the main 435–6680, [email protected]. Michelle Trout, meeting room, Conference Room 6, please (Catalogue of Federal Domestic Assistance Program Analyst, Office of Federal Advisory contact Ms. Lisa Kaeser, Program and Public Program Nos. 93.864, Population Research; Committee Policy. Liaison Office, NICHD, at 301–496–0536 to 93.865, Research for Mothers and Children; [FR Doc. 2015–19542 Filed 8–7–15; 8:45 am] make your reservation, additional seating 93.929, Center for Medical Rehabilitation will be available in the meeting overflow Research; 93.209, Contraception and BILLING CODE 4140–01–P rooms, Conference Rooms 7 and 8. Infertility Loan Repayment Program, National Individuals will also be able to view the Institutes of Health, HHS) imposed by the meeting via NIH Videocast. Please go to the review and funding cycle. DEPARTMENT OF HOMELAND following link for Videocast access SECURITY instructions at: http://www.nichd.nih.gov/ Dated: August 4, 2015. about/advisory/nachhd/Pages/virtual- Michelle Trout, U.S. Customs and Border Protection meeting.aspx. Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Committee Policy. [1651–0108] Program Nos. 93.864, Population Research; [FR Doc. 2015–19543 Filed 8–7–15; 8:45 am] 93.865, Research for Mothers and Children; Agency Information Collection BILLING CODE 4140–01–P 93.929, Center for Medical Rehabilitation Activities: Canadian Border Boat Research; 93.209, Contraception and Landing Permit Infertility Loan Repayment program, National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND AGENCY: U.S. Customs and Border HUMAN SERVICES Protection, Department of Homeland Dated: August 4, 2015. Security Michelle Trout, National Institutes of Health ACTION: 60-Day Notice and request for Program Analyst, Office of Federal Advisory comments; extension of an existing Committee Policy. Eunice Kennedy Shriver National collection of information. [FR Doc. 2015–19545 Filed 8–7–15; 8:45 am] Institute of Child Health & Human BILLING CODE 4140–01–P Development; Notice of Closed SUMMARY: U.S. Customs and Border Meeting Protection (CBP) of the Department of Homeland Security will be submitting Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND the following information collection Federal Advisory Committee Act, as HUMAN SERVICES request to the Office of Management and amended (5 U.S.C. App.), notice is Budget (OMB) for review and approval hereby given of the following meeting. National Institutes of Health in accordance with the Paperwork The meeting will be closed to the Reduction Act: Canadian Border Boat Eunice Kennedy Shriver National public in accordance with the Institute of Child Health & Human Landing Permit (CBP Form I–68). CBP is provisions set forth in sections proposing that this information Development; Notice of Closed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Meeting. collection be extended with no change as amended. The contract proposals and to the burden hours or Information Pursuant to section 10(d) of the the discussions could disclose collected. This document is published Federal Advisory Committee Act, as confidential trade secrets or commercial to obtain comments from the public and amended (5 U.S.C. App.), notice is property such as patentable material, affected agencies. and personal information concerning hereby given of the following meeting. DATES: Written comments should be The meeting will be closed to the individuals associated with the contract received on or before October 9, 2015 to public in accordance with the proposals, the disclosure of which be assured of consideration. would constitute a clearly unwarranted provisions set forth in sections ADDRESSES: invasion of personal privacy. Written comments may be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., mailed to U.S. Customs and Border as amended. The contract proposals and Name of Committee: National Institute of Protection, Attn: Tracey Denning, the discussions could disclose Child Health and Human Development Regulations and Rulings, Office of confidential trade secrets or commercial Special Emphasis Panel; Data Archive on International Trade, 90 K Street NE., property such as patentable material, Pregnancy and Pregnancy Prevention. Date: September 10, 2015. 10th Floor, Washington, DC 20229– and personal information concerning 1177. individuals associated with the contract Time: 1:00 p.m. to 3:00 p.m. Agenda: To review and evaluate contract FOR FURTHER INFORMATION CONTACT: proposals, the disclosure of which proposals. would constitute a clearly unwarranted Requests for additional information Place: National Institutes of Health, 6100 should be directed to Tracey Denning, invasion of personal privacy. Executive Boulevard, Rockville, MD 20852, (Telephone Conference Call). U.S. Customs and Border Protection, Name of Committee: National Institute of Regulations and Rulings, Office of Child Health and Human Development Contact Person: Sathasiva B. Kandasamy, Special Emphasis Panel; Newborn Screening Ph.D., Scientific Review Administrator, International Trade, 90 K Street NE., Pilot Studies. Division of Scientific Review, National 10th Floor, Washington, DC 20229– Date: September 1, 2015. Institute of Child Health and Human 1177, at 202–325–0265. Time: 1:00 p.m. to 4:00 p.m. Development, 6100 Executive Boulevard, SUPPLEMENTARY INFORMATION: CBP Agenda: To review and evaluate contract Room 5B01, Bethesda, MD 20892–9304, (301) invites the general public and other proposals. 435–6680, [email protected]. Federal agencies to comment on Place: National Institutes of Health, 6100 (Catalogue of Federal Domestic Assistance proposed and/or continuing information Executive Boulevard, Rockville, MD 20852, Program Nos. 93.864, Population Research; collections pursuant to the Paperwork (Telephone Conference Call). 93.865, Research for Mothers and Children; Contact Person: Sathasiva B. Kandasamy, 93.929, Center for Medical Rehabilitation Reduction Act of 1995 (Pub. L. 104–13). Ph.D., Scientific Review Administrator, Research; 93.209, Contraception and The comments should address: (a) Division of Scientific Review, National Infertility Loan Repayment Program, National Whether the collection of information is Institute of Child Health and Human Institutes of Health, HHS) imposed by the necessary for the proper performance of Development, 6100 Executive Boulevard, review and funding cycle. the functions of the agency, including

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whether the information shall have Dated: August 3, 2015. questions, interested parties should practical utility; (b) the accuracy of the Tracey Denning, send an email message to Clint Lindsay agency’s estimates of the burden of the Agency Clearance Officer, U.S. Customs and at [email protected] or Coleman collection of information; (c) ways to Border Protection. Sachs at [email protected], and enhance the quality, utility, and clarity [FR Doc. 2015–19566 Filed 8–7–15; 8:45 am] they should send a copy of that message of the information to be collected; (d) BILLING CODE 9111–14–P to their assigned CBP client ways to minimize the burden including representative. For technical questions the use of automated collection related to the Automated Commercial techniques or the use of other forms of DEPARTMENT OF HOMELAND Environment (ACE) or Automated information technology; and (e) the SECURITY Broker Interface (ABI) transmissions, annual cost burden to respondents or contact your assigned client record keepers from the collection of U.S. Customs and Border Protection representative. Interested parties information (total capital/startup costs without an assigned client Modification of National Customs and operations and maintenance costs). Automation Program (NCAP) Test representative should direct their The comments that are submitted will Concerning the Automated questions to Steven Zaccaro at be summarized and included in the CBP Commercial Environment (ACE) [email protected] with the request for OMB approval. All Partner Government Agency (PGA) subject heading ‘‘PGA Message Set comments will become a matter of Message Set Regarding Types of NHTSA Test FRN-Request to public record. In this document, CBP is Transportation Modes and Certain Participate’’. soliciting comments concerning the Data Required by the National Highway SUPPLEMENTARY INFORMATION: following information collection: Traffic Safety Administration (NHTSA) Title: Canadian Border Boat Landing Background Permit. AGENCY: U.S. Customs and Border This test notice, and the Customs OMB Number: 1651–0108. Protection, Department of Homeland related electronic functions it describes, Form Number: CBP Form I–68. Security. are part of the National Customs Abstract: The Canadian Border Boat ACTION: General notice. Automation Program (NCAP). NCAP Landing Permit (CBP Form I–68) allows was established in Subtitle B of Title SUMMARY: This document announces participants entering the United States VI—Customs Modernization, in the along the northern border by small U.S. Customs and Border Protection’s (CBP’s) plan to modify the National North American Free Trade Agreement pleasure boats weighing less than 5 tons Implementation Act (Pub. L. 103–182, to telephonically report their arrival Customs Automation Program (NCAP) test concerning the transmission of 107 Stat. 2057, December 8, 1993) without having to appear in person for (Customs Modernization Act). See 19 an inspection by a CBP officer. United electronic filings through the Automated Commercial Environment U.S.C. 1411. Through NCAP, the initial States citizens, Lawful Permanent focus of customs modernization was on Residents of the United States, Canadian (ACE), known as the Partner Government Agency (PGA) Message Set trade compliance and the development citizens, Landed Commonwealth of the Automated Commercial Residents of Canada, and Landed test. These modifications extend the current PGA Message Set to cover Environment (ACE), the planned Residents of Canada who are nationals successor to the legacy Customs of the Visa Waiver Program countries entries arriving by ocean, truck, rail, and air modes of transportation at CBP- Automated Commercial System (ACS). listed in 8 CFR 217.2(a) are eligible to ACE is an automated and electronic participate. designated ports and expands the use of the ACE PGA Message Set for the system for commercial trade processing. The information collected on CBP transmission of U.S. Department of ACE will streamline business processes, Form I–68 allows people who enter the Transportation, National Highway facilitate growth in trade, ensure cargo United States from Canada by small Traffic Safety Administration (NHTSA) security, and foster participation in pleasure boats to be inspected only once import data for entries of motor vehicles global commerce, while ensuring during the boating season, rather than and motor vehicle equipment items. compliance with U.S. laws and each time they make an entry. This CBP invites public comment concerning regulations and reducing costs for CBP information collection is provided for the test program. and all its communities of interest. The by 8 CFR 235.1(g) and Section 235 of ability to meet these objectives depends DATES: The modified PGA Message Set Immigration and Nationality Act. CBP upon successfully modernizing CBP’s test will commence no earlier than Form I–68 is accessible at http:// business functions and the information August 10, 2015, and will continue until www.cbp.gov/newsroom/publications/ technology that supports those concluded by way of announcement in forms?title=68&=Apply. functions. CBP’s modernization efforts the Federal Register. Comments will be Current Actions: This submission is are accomplished through phased accepted through the duration of the being made to extend the expiration releases of ACE component test. date with no change to the burden hours functionality, designed to introduce a or to the information collected. ADDRESSES: Comments concerning this new capability or to replace a specific Type of Review: Extension (without notice and any aspect of this test may legacy ACS function. Each release will change). be submitted at any time during the test begin with a test, and will end with Affected Public: Individuals or via email to Josephine Baiamonte, ACE mandatory compliance with the new Households. Business Office (ABO), Office of ACE feature, thus retiring the legacy Estimated Number of Respondents: International Trade at ACS function. Each release builds on 68,000. [email protected]. In previous releases, and sets the Estimated Time per Respondent: 10 the subject line of your email, please foundation for subsequent releases. minutes. indicate, ‘‘Comment on NHTSA PGA On December 13, 2013, U.S. Customs Estimated Total Annual Burden Message Set Test FRN’’. and Border Protection (CBP) published Hours: 11,288. FOR FURTHER INFORMATION CONTACT: For in the Federal Register a notice Estimated Annual Cost: $1,088,000. NHTSA-related PGA Message Set test announcing a National Customs

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Automation Program (NCAP) test called type ‘‘11’’ (informal) commercial entries NHTSA is responsible for the Partner Government Agency (PGA) filed at specified ports. See 80 FR 6098. implementing and enforcing the Message Set test. See 78 FR 75931. This For the convenience of the public, a National Traffic and Motor Vehicle test is in furtherance of key CBP chronological listing of Federal Register Safety Act of 1966, as amended, International Trade Data System (ITDS) publications detailing ACE test codified at 49 U.S.C. Chapter 301 (49 initiatives, as provided in the Security developments is set forth below in U.S.C. 30101 et seq.). Under its and Accountability For Every Port Act Section XIV, entitled, authority, NHTSA issues and enforces of 2006 (‘‘SAFE Port Act’’), Pub. L. 109– ‘‘Development of ACE Prototypes’’. the Federal motor vehicle safety 347, 120 Stat. 1884 (19 U.S.C. 1411(d)), The procedures and criteria related to standards (‘‘FMVSS’’), which apply to to achieve the vision of ACE as the participation in the previous ACE motor vehicles and certain items of ‘‘single window’’ for the Government notices remain in effect unless motor vehicle equipment. Section and trade community. ACE will otherwise explicitly changed by this or 30112(a)(1) of Title 49 U.S.C. contains a automate and enhance the interaction subsequent notices published in the general prohibition on, among other between international trade partners, Federal Register. things, importing into the United States CBP, and PGAs by facilitating electronic motor vehicles or motor vehicle I. Authorization for the Test collection, processing, sharing, and equipment items that do not comply review of trade data and documents The Customs Modernization Act with all applicable FMVSS and that are required by Federal agencies during the provides the Commissioner of CBP with not covered by a certification issued cargo import and export process. The authority to conduct limited test under 49 U.S.C. 30115. Under 49 CFR use of ACE to process trade data will programs or procedures designed to 591.5, any person offering a motor significantly increase efficiency and evaluate planned components of the vehicle or item of motor vehicle reduce costs compared to the traditional NCAP. This test is authorized pursuant equipment for importation into the manual method of processing of paper to section 101.9(b) of title 19 of the Code United States must file a declaration. forms. of Federal Regulations (19 CFR 101.9(b)) This declaration is known as the DOT The PGA Message Set is the data which provides for the testing of NCAP HS–7 Declaration Form. Under its required to satisfy the PGAs’ reporting programs or procedures. See Treasury parallel regulation at 19 CFR 12.80, CBP requirements. Decision (T.D.) 95–21. requires that a declaration be filed in ACE will enable the trade community duplicate for motor vehicles or motor II. Partner Government Agency to submit trade-related data, required by vehicle equipment items. In practice, Message Set for Four Transportation the PGAs, only once to CBP, thus importers or brokers file the HS–7 Modes improving communications between Declaration Form and supporting agencies and filers, and shortening entry This document announces CBP’s plan documents for these products. The DOT processing time. This data must be to expand the PGA Message Set to allow HS–7 Declaration Form, the form’s submitted at any time prior to the submission of certain data, which PGAs supporting documents, and NHTSA’s arrival of the merchandise on the require, for informal and formal regulations require the identification of conveyance transporting the cargo to the consumption entries arriving by air, parties associated with the entry of the United States as part of the ACE Cargo ocean, rail, or truck mode of products that are presented for Release process. The data will be transportation. importation, as well as information on validated and made available to the At this time, a limited number of the identity of imported motor vehicles relevant PGAs involved in import, ports will be accepting PGA Message Set and motor vehicle equipment items. export, and transportation-related data. A list of those ports is provided on Importers of motor vehicles or motor decision making. The data will satisfy the following Web site: http:// vehicle equipment items are required to the filer’s obligation to make entry and www.cbp.gov/document/guidance/list- file a HS–7 Declaration Form and will allow for earlier release decisions aceitds-pga-message-set-pilot-ports. supporting documents with CBP at the and more certainty for the importer in Those ports will accept PGA Message time of making entry. Alternatively, determining the logistics of cargo Set data for entries arriving by air, importers may file the HS–7 Declaration delivery. Also, by virtue of being ocean, rail, or truck mode of Form electronically via the Automated electronic, the PGA Message Set will transportation. Broker Interface (ABI) and present the eliminate the necessity for the CBP may expand this test to include HS–7 Declaration Form’s supporting submission and subsequent manual additional ports in the future. CBP may documents to CBP at the time of entry. processing of paper documents. also expand the commodities that are NHTSA staff may review the importer’s The December 2013 Federal Register within the scope of the test, as indicated entry information and make a notice announced that ACE would be by the Harmonized Tariff Schedule determination as to whether the accepting certain PGA data elements for (HTS) codes, on the following Web site: shipment should be released, detained, the Environmental Protection Agency http://www.cbp.gov/trade/ace/ or refused. This may involve manual (EPA) and the U.S. Department of catair#field-content-tab-group-tab-4. checking of key information against Agriculture, Food Safety and Inspection Test participants should monitor the NHTSA databases. The current process Service (FSIS) for type ‘‘01’’ Web site for updates to the list of ports is costly and inefficient because it relies (consumption) and type ‘‘11’’ (informal) accepting PGA Message Set data and the on paper documents, and manual data commercial entries filed at specified list of HTS codes covered by the test. validation and error correction. The ports. The December 2013 Federal review process can take several days Register notice also provides additional III. The National Highway Traffic during which more costs may be background on the NCAP and the Safety Administration (NHTSA) incurred for storage. International Trade Data System (ITDS). In addition, this document announces CBP is expanding the use of the PGA On February 4, 2015, CBP published the CBP’s plan to expand the PGA Message Message set to include the electronic announcement that it had broadened the Set test to include electronic filings of filing of NHTSA-regulated motor PGA Message Set test to accept the NHTSA PGA Message Set for the vehicles and motor vehicle equipment additional PGA data elements for the importation of motor vehicles and motor items for type ‘‘01’’ (consumption) and EPA, for type ‘‘01’’ (consumption) and vehicle equipment items. type ‘‘11’’ (informal) commercial entries

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filed at specified ports. The data collaborate with CBP and NHTSA to its supporting documents. In its place, elements to be filed electronically examine the effectiveness of the single test participants are required to transmit through the PGA message set are those window capability. electronically the data elements found in the current paper form (DOT contained in the DOT HS–7 Declaration IV. Test Participant Responsibilities HS–7 Declaration Form), collectively Form via the PGA Message Set and the the ‘‘NHTSA Vehicle/Equipment PGA Message Set test participants HS–7 Declaration Form’s supporting Information Collection.’’ Supporting will be required to: documents via DIS. This document does documents such as the DOT • Transmit the NHTSA Vehicle/ not waive any recordkeeping conformance bond form (DOT HS–474) Equipment Information Collection with requirements found in part 163 of title must be submitted electronically at any the ports that are accepting the ACE 19 of the CFR (19 CFR part 163) and the time prior to the arrival of the PGA Message Set data. A current list of Appendix to part 163 (commonly merchandise on the conveyance those ports is posted on the following known as the ‘‘(a)(1)(A) list’’). transporting the cargo to the United Web site: http://www.cbp.gov/ States via a CBP-approved Electronic document/guidance/list-aceitds-pga- VI. Eligibility Criteria Data Interchange (EDI). In a notice message-set-pilot-ports. As announced in this notice, the use published in the Federal Register (79 • Transmit, when applicable, the of the PGA Message Set test is FR 36083) on June 25, 2014, CBP set NHTSA Vehicle/Equipment Information expanding to accept DOT HS–7 forth the rules for filing submissions via Collection using the NHTSA PGA Declaration Form data elements, also DIS and a list of CBP and PGA forms Message Set and the supporting known as the NHTSA Vehicle/ that may be submitted via DIS. documents via DIS. This information Equipment Information Collection, and Technical information regarding the use must be electronically transmitted to supporting documents. All other of DIS is available at the following Web ACE using an ACE Entry Summary eligibility criteria as specified in prior site: http://www.cbp.gov/trade/ace/ certified for cargo release at any time PGA Message Set test notices remain the features. prior to the arrival of the merchandise same. To be eligible to apply for this The technical requirements for on the conveyance transporting the modification of the PGA data message submitting the NHTSA data elements cargo to the United States; set test, the applicant must: are set forth in the supplemental • Transmit the NHTSA Vehicle/ • Be a self-filing importer who has Customs and Trade Automated Interface Equipment Information Collection only the ability to file ACE Entry Summaries Requirements (CATAIR) guidelines for as part of an ACE Entry Summary certified for cargo release or a broker NHTSA. These technical specifications, certified for cargo release; who has the ability to file ACE Entry including the CATAIR chapters and • Transmit import filings to CBP via Summaries certified for cargo release; applicable Harmonized Tariff Schedule ABI in response to a request for and of the United States (HTSUS) codes, can documentation or in response to a • File entries for NHTSA-regulated be found at the following link: http:// request for release information for commodities that are the subject of this www.cbp.gov/document/guidance/ certified ACE Cargo Release; test at the ports that are accepting PGA national-highway-traffic-safety- • Only transmit to CBP information Message Set data. administration-nhtsa-pga-message-set- that has been requested by CBP or CBP will accept an unlimited number manual. NHTSA; of participants for the test. Test The NHTSA-required entry data will • Use a software program that has applicants must meet the eligibility be filed electronically once through the completed ACE certification testing for criteria described in this document to single window for use by both NHTSA the PGA Message Set; and participate in the test program. and CBP, for pre-arrival screening, using • Take part in a CBP evaluation of the PGA Message Set. This will this test. VII. Application Process eliminate separate document filings for Participants are reminded that they Any party seeking to participate in the participating importers and as a result, should only file documents that CBP modified PGA Message Set test reduce the overall paperwork burden on can accept electronically. The concerning NHTSA data should send an the importer and the port associated documents CBP can accept email message to Clint Lindsay at with these NHTSA-regulated shipments. electronically are listed under the [email protected] or Coleman It will also significantly reduce the Document Image System (DIS) tab of the Sachs at [email protected] to initial processing and review time for ACE Features page on the Web site request participation in the modified motor vehicle and motor vehicle http://www.cbp.gov/trade/ace/features, test. They should send a copy of that equipment item entries, provide and, for participants using ABI, in the request also to their CBP Client consistency of these reviews, and PGA Message Set part of the CATAIR. Representative, ACE Business Office eliminate the costs of filing paper When CBP cannot accept additional (ABO), Office of International Trade. documents. The electronic filing will information electronically, the filer Interested parties without an assigned also allow automated checks of certain must file the additional information by client representative should submit an required information facilitating pre- paper. See 78 FR 75931 at 75934–35 email to Steven Zaccaro at arrival admissibility verifications, (December 13, 2013), for information on [email protected] with the thereby focusing CBP and NHTSA Confidentiality (Section XIII) and subject heading ‘‘PGA Message Set resources on shipments of interest. Misconduct under the PGA Message Set NHTSA Test FRN-Request to At this time, the test will include Test (Section XIV). Participate’’. entries originating in the ocean, truck, Emails sent to the CBP client rail, and air environment. Upon V. Waiver of Regulation Under the Test representative or to Steven Zaccaro acceptance into this test, participants For purposes of this test, 19 CFR must include the applicant’s filer code will be allowed to transmit the NHTSA 12.80 will be waived for test and the port(s) at which they are data elements for entries originating in participants only insofar as eliminating interested in filing the appropriate PGA the air, ocean, rail, and truck any requirement that may appear in Message Set information. environments, as specified in this these regulations to file a paper version At this time, PGA Message Set data notice. During this test, participants will of the DOT HS–7 Declaration Form or may be submitted only for entries filed

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at certain ports. A current listing of (18 U.S.C. 1905). As stated in previous decision within 10 calendar days of those ports may be found on the notices, participation in this or any of receipt of the written notice providing following Web site: http://www.cbp.gov/ the previous ACE tests is not for immediate discontinuance. The document/guidance/list-aceitds-pga- confidential and upon a written appeal must be submitted to Acting message-set-pilot-ports. Freedom of Information Act (FOIA) Executive Director, ABO, Office of Client representatives will work with request, a name(s) of an approved International Trade by emailing test participants to provide information participant(s) will be disclosed by CBP [email protected]. The regarding the transmission of this data. in accordance with 5 U.S.C. 552. immediate discontinuance will remain CBP will begin to accept applications on XII. Misconduct Under the Test in effect during the appeal period. The August 10, 2015 and will continue to Executive Director will issue a decision accept applications throughout the A test participant may be subject to in writing on the discontinuance within duration of the test. CBP will notify the civil and criminal penalties, 15 working days after receiving a timely selected applicants by email of their administrative sanctions, liquidated filed appeal from the test participant. If selection and the starting date of their damages, and/or discontinuance from no timely appeal is received, the notice participation. Selected participants may participation in this test for any of the becomes the final decision of the have different starting dates. Anyone following: Agency as of the date that the appeal • providing incomplete information, or Failure to follow the terms and period expires. conditions of this test. otherwise not meeting participation • requirements, will be notified by email Failure to exercise reasonable care XIII. List of PGA Programs Accepting and given the opportunity to resubmit in the execution of participant Data Through the ACE PGA Message obligations. Set Test their application. • Failure to abide by applicable laws • Environmental Protection Agency VIII. Test Duration and regulations that have not been (EPA) Ozone Depleting Substances The modified test will begin no earlier waived. • (ODS) program data. than August 10, 2015 and will continue Failure to deposit duties or fees in • EPA Vehicle and Engine (V&E) until concluded by way of a timely manner. program data. announcement in the Federal Register. If the Director, Business • EPA Notice of Arrival of Pesticides At the conclusion of the test, an Transformation, ACE Business Office and Devices (NOA—EPA Form 3540–1) evaluation will be conducted to assess (ABO), Office of International Trade data. the effect that the PGA Message Set has finds that there is a basis for • U.S. Department of Agriculture on expediting the submission of NHTSA discontinuance of test participation (USDA), Food Safety and Inspection importation-related data elements and privileges, the test participant will be Service (FSIS), meat, poultry, and egg the processing of NHTSA entries. The provided a written notice proposing the products data. final results of the evaluation will be discontinuance with a description of the • U.S. Department of Transportation published in the Federal Register and facts or conduct warranting the action. (DOT), National Highway Traffic Safety the Customs Bulletin as required by The test participant will be offered the Administration (NHTSA), motor vehicle section 101.9(b)(2) of the CBP opportunity to appeal the Director’s or motor vehicle equipment declaration regulations (19 CFR 101.9(b)(2)). decision in writing within 10 calendar (DOT HS–7 Declaration) data. days of receipt of the written notice. The More information regarding IX. Comments appeal must be submitted to Acting requirements for PGA Information in All interested parties are invited to Executive Director, ABO, Office of ACE and Methods for Submissions is comment on any aspect of this test at International Trade by emailing available on this Web site: http:// any time. CBP requests comments and [email protected]. www.cbp.gov/trade/ace/features. Select feedback on all aspects of this test, The Acting Executive Director will ‘‘PGA Integration’’ tab and click including the design, conduct, and issue a decision in writing on the ‘‘November 1 PGA Forms List.’’ implementation of the test, in order to proposed action within 30 working days XIV. Development of ACE Prototypes determine whether to modify, alter, after receiving a timely filed appeal expand, limit, continue, end, or fully from the test participant. If no timely A chronological listing of Federal implement this program. appeal is received, the proposed notice Register publications detailing ACE test becomes the final decision of the developments is set forth below. X. Paperwork Reduction Act Agency as of the date that the appeal • ACE Portal Accounts and The collections of information in this period expires. A proposed Subsequent Revision Notices: 67 FR test modification, DOT HS–7 discontinuance of a test participant’s 21800 (May 1, 2002); 69 FR 5360 and 69 Declaration Form and supporting privileges will not take effect unless the FR 5362 (February 4, 2004); 69 FR documents have been reviewed by OMB appeal process under this paragraph has 54302 (September 8, 2004); 70 FR 5199 in accordance with the requirements of been concluded with a written decision (February 1, 2005). the Paperwork Reduction Act (44 U.S.C. adverse to the test participant. • ACE System of Records Notice: 71 3507) under control number 2127–0002. In the case of willfulness or those in FR 3109 (January 19, 2006). An agency may not conduct or sponsor, which public health, interest, or safety • Terms/Conditions for Access to the and a person is not required to respond so requires, the Director, Business ACE Portal and Subsequent Revisions: to, a collection of information unless it Transformation, ABO, Office of 72 FR 27632 (May 16, 2007); 73 FR displays a valid control number International Trade, may immediately 38464 (July 7, 2008). assigned by OMB. discontinue the test participant’s • ACE Non-Portal Accounts and privileges upon written notice to the test Related Notice: 70 FR 61466 (October XI. Confidentiality participant. The notice will contain a 24, 2005); 71 FR 15756 (March 29, Data submitted and entered into the description of the facts or conduct 2006). ACE Portal includes information that is warranting the immediate action. The • ACE Entry Summary, Accounts and exempt or restricted from disclosure by test participant will be offered the Revenue (ESAR I) Capabilities: 72 FR law, such as by the Trade Secrets Act opportunity to appeal the Director’s 59105 (October 18, 2007).

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• ACE Entry Summary, Accounts and (ACE): 78 FR 75931 (December 13, • National Customs Automation Revenue (ESAR II) Capabilities: 73 FR 2013). Program (NCAP) Concerning Remote 50337 (August 26, 2008); 74 FR 9826 • Modification of National Customs Location Filing Entry Procedures in the (March 6, 2009). Automation Program (NCAP) Test Automated Commercial Environment • ACE Entry Summary, Accounts and Concerning Automated Commercial (ACE) and the Use of the Document Revenue (ESAR III) Capabilities: 74 FR Environment (ACE) Cargo Release for Image System for the Submission of 69129 (December 30, 2009). Ocean and Rail Carriers: 79 FR 6210 Invoices and the Use of eBonds for the • ACE Entry Summary, Accounts and (February 3, 2014). Transmission of Single Transaction Revenue (ESAR IV) Capabilities: 76 FR • Modification of National Customs Bonds: 80 FR 40079 (July 13, 2015). 37136 (June 24, 2011). Automation Program (NCAP) Test Dated: August 4, 2015. • Post-Entry Amendment (PEA) Concerning Automated Commercial Brenda Smith, Processing Test: 76 FR 37136 (June 24, Environment (ACE) Cargo Release To Assistant Commissioner, Office of 2011). Allow Importers and Brokers To Certify • International Trade. ACE Announcement of a New Start From ACE Entry Summary: 79 FR 24744 [FR Doc. 2015–19532 Filed 8–7–15; 8:45 am] Date for the National Customs (May 1, 2014). Automation Program Test of Automated • Modification of National Customs BILLING CODE P Manifest Capabilities for Ocean and Rail Automation Program (NCAP) Test Carriers: 76 FR 42721 (July 19, 2011). Concerning Automated Commercial • ACE Simplified Entry: 76 FR 69755 DEPARTMENT OF HOMELAND Environment (ACE) Cargo Release for SECURITY (November 9, 2011). Truck Carriers: 79 FR 25142 (May 2, • National Customs Automation 2014). U.S. Customs and Border Protection Program (NCAP) Tests Concerning • Modification of National Customs Automated Commercial Environment Automation Program (NCAP) Test [1651–0109] (ACE) Document Image System (DIS): 77 Concerning Automated Commercial FR 20835 (April 6, 2012). Environment Document Image System: Agency Information Collection • National Customs Automation 79 FR 36083 (June 25, 2014). Activities: Guam-CNMI Visa Waiver Program (NCAP) Test Concerning • Announcement of eBond Test: 79 Information Automated Commercial Environment FR 70881 (November 28, 2014). (ACE) Simplified Entry: Modification of AGENCY: U.S. Customs and Border • eBond Test Modifications and Participant Selection Criteria and Protection, Department of Homeland Clarifications: Continuous Bond Application Process: 77 FR 48527 Security Executed Prior to or Outside the eBond (August 14, 2012). ACTION: 60-Day Notice and request for • Modification of NCAP Test Test May Be Converted to an eBond by the Surety and Principal, Termination of comments; extension of an existing Regarding Reconciliation for Filing collection of information. Certain Post-Importation Preferential an eBond, Identification of Principal on Tariff Treatment Claims under Certain an eBond by Filing Identification SUMMARY: U.S. Customs and Border FTAs: 78 FR 27984 (May 13, 2013). Number, and Email Address Correction: Protection (CBP) of the Department of • Modification of Two National 80 FR 899 (January 7, 2015). Homeland Security will be submitting • Customs Automation Program (NCAP) Modification of National Customs the following information collection Tests Concerning Automated Automation Program (NCAP) Test request to the Office of Management and Commercial Environment (ACE) Concerning Automated Commercial Budget (OMB) for review and approval Document Image System (DIS) and Environment (ACE) Document Image in accordance with the Paperwork Simplified Entry (SE), 78 FR 44142 (July System Relating to Animal and Plant Reduction Act: Guam-CNMI Visa 23, 2013). Health Inspection Service (APHIS) Waiver Information (CBP Form I–736). • Modification of Two National Document Submissions: 80 FR 5126 CBP is proposing that this information Customs Automation Program (NCAP) (January 30, 2015). collection be extended with no change • Tests Concerning Automated Modification of National Customs to the burden hours or Information Commercial Environment (ACE) Automation Program (NCAP) Test collected. This document is published Document Image System (DIS) and Concerning the use of Partner to obtain comments from the public and Simplified Entry (SE); Correction; 78 FR Government Agency Message Set affected agencies. through the Automated Commercial 53466 (August 29, 2013). DATES: Written comments should be • Environment (ACE) for the Submission Modification of NCAP Test received on or before October 9, 2015 to of Certain Data Required by the Concerning Automated Commercial be assured of consideration. Environment (ACE) Cargo Release Environmental Protection Agency ADDRESSES: Written comments may be (formerly known as Simplified Entry): (EPA): 80 FR 6098 (February 4, 2015). mailed to U.S. Customs and Border 78 FR 66039 (November 4, 2013). • Announcement of Modification of Protection, Attn: Tracey Denning, • Post-Summary Corrections to Entry ACE Cargo Release Test to Permit the Regulations and Rulings, Office of Summaries Filed in ACE Pursuant to the Combined Filing of Cargo Release and International Trade, 90 K Street NE., ESAR IV Test: Modifications and Importer Security Filing (ISF) Data: 80 10th Floor, Washington, DC 20229– Clarifications: 78 FR 69434 (November FR 7487 (February 10, 2015). 1177. 19, 2013). • Modification of NCAP Test • National Customs Automation Concerning ACE Cargo Release for Type FOR FURTHER INFORMATION CONTACT: Program (NCAP) Test Concerning the 03 Entries and Advanced Capabilities Requests for additional information Submission of Certain Data Required by for Truck Carriers: 80 FR 16414 (March should be directed to Tracey Denning, the Environmental Protection Agency 27, 2015). U.S. Customs and Border Protection, and the Food Safety and Inspection • Automated Commercial Regulations and Rulings, Office of Service Using the Partner Government Environment (ACE) Export Manifest for International Trade, 90 K Street NE., Agency Message Set Through the Air Cargo Test: 80 FR 39790 (July 10, 10th Floor, Washington, DC 20229– Automated Commercial Environment 2015). 1177, at 202–325–0265.

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SUPPLEMENTARY INFORMATION: CBP Dated: August 5, 2015. • Docket: For access to the docket to invites the general public and other Tracey Denning, read background documents or Federal agencies to comment on Agency Clearance Officer, U.S. Customs and comments received, go to http:// proposed and/or continuing information Border Protection. www.regulations.gov and search for collections pursuant to the Paperwork [FR Doc. 2015–19565 Filed 8–7–15; 8:45 am] Docket Number USCBP–2015–0027. To Reduction Act of 1995 (Public Law 104– BILLING CODE 9111–14–P submit a comment, see the link on the 13). The comments should address: (a) Regulations.gov Web site for ‘‘How do I Whether the collection of information is submit a comment?’’ located on the necessary for the proper performance of DEPARTMENT OF HOMELAND right hand side of the main site page. the functions of the agency, including SECURITY FOR FURTHER INFORMATION CONTACT: Ms. whether the information shall have Wanda Tate, Office of Trade Relations, practical utility; (b) the accuracy of the U.S. Customs and Border Protection U.S. Customs and Border Protection, agency’s estimates of the burden of the 1300 Pennsylvania Avenue NW., Room [Docket No. USCBP–2015–0027] collection of information; (c) ways to 3.5A, Washington, DC 20229; telephone enhance the quality, utility, and clarity U.S. Customs and Border Protection (202) 344–1440; facsimile (202) 325– of the information to be collected; (d) User Fee Advisory Committee (UFAC) 4290. ways to minimize the burden including Charter Renewal. Purpose and Objective: The charter of the use of automated collection the U.S. Customs and Border Protection techniques or the use of other forms of AGENCY: U.S. Customs and Border User Fee Advisory Committee (UFAC) is information technology; and (e) the Protection, Department of Homeland being renewed for two years in annual cost burden to respondents or Security (DHS). accordance with the Federal Advisory record keepers from the collection of ACTION: Committee Management; Notice Committee Act (FACA) 5 U.S.C. information (total capital/startup costs of Federal Advisory Committee Charter Appendix. A copy of the charter can be and operations and maintenance costs). Renewal found at http://www.cbp.gov/trade/ The comments that are submitted will stakeholder-engagement/user-fee- be summarized and included in the CBP SUMMARY: The Secretary of the advisory-committee. UFAC is tasked request for OMB approval. All Department of Homeland Security with providing advice to the Secretary comments will become a matter of (DHS) has determined that the renewal of the Department of Homeland Security public record. In this document, CBP is of the charter of the U.S. Customs and through the Commissioner of U.S. soliciting comments concerning the Border Protection User Fee Advisory Customs and Border Protection on following information collection: Committee (UFAC) is necessary and in matters related to the performance of Title: Guam-CNMI Visa Waiver the public interest in connection with inspections coinciding with the Information the U.S. Customs and Border assessment of an agriculture, customs, Protection’s (CBP’s) performance of its OMB Number: 1651–0109 or immigration user fee. duties. This determination follows Duration: The committee’s charter is Form Number: CBP Form I–736 consultation with the Committee effective June 10, 2015, and expires June Abstract: Public Law 110–229 Management Secretariat, General 10, 2017. provides for certain aliens to be exempt Services Administration. Responsible CBP Officials: Ms. Maria from the nonimmigrant visa Name of Committee: U.S. Customs Luisa Boyce, Office of Trade Relations, requirement if seeking entry into Guam and Border Protection User Fee U.S. Customs and Border Protection, or the Commonwealth of the Northern Advisory Committee (UFAC). 1300 Pennsylvania Avenue NW., Room Mariana Islands (CNMI) as a visitor for ADDRESSES: If you desire to submit 3.5A, Washington, DC 20229; telephone a maximum stay of 45 days, provided comments on this action, they must be (202) 344–1440. that no potential threat exists to the submitted by October 9, 2015. Dated: August 5, 2015. welfare, safety, or security of the United Comments must be identified by docket Maria Luisa Boyce, number and may be submitted by one of States or its territories, and other criteria Senior Advisor for Private Sector are met. Upon arrival at a Guam or the following methods: • Engagement/Executive Director, Office of CNMI Port-of-Entry, each applicant for Federal eRulemaking Portal: http:// Trade Relations. www.regulations.gov. Follow the admission presents a completed I–736 [FR Doc. 2015–19611 Filed 8–7–15; 8:45 am] to CBP. CBP Form I–736 is provided for instructions for submitting comments. BILLING CODE 9111–14–P by 8 CFR 212.1(q) and is accessible at: • Email: ([email protected]). http://www.cbp.gov/newsroom/ Include the docket number in the publications/forms?title=736&=Apply. subject line of the message. DEPARTMENT OF HOMELAND • Fax: (202) 325–4290. SECURITY Action: CBP proposes to extend the • expiration date of this information Mail: Ms. Wanda Tate, Office of collection with no change to the burden Trade Relations, U.S. Customs and Federal Emergency Management hours or to the information collected. Border Protection, 1300 Pennsylvania Agency Avenue NW., Room 3.5A, Washington, Type of Review: Extension (without DC 20229. [Docket ID: FEMA–2015–0018: OMB No. change). • Instructions: All submissions 1660–0024] Affected Public: Individuals. received must include the words Agency Information Collection Estimated Number of Respondents: ‘‘Department of Homeland Security’’ Activities: Proposed Collection; 1,560,000. and USCBP–2015–0027, the docket Comment Request; Federal Assistance number for this action. Comments Estimated Time per Respondent: 5 for Offsite Radiological Emergency received will be posted without Preparedness and Planning minutes. alteration at http://www.regulations.gov Estimated Total Annual Burden including any personal information AGENCY: Federal Emergency Hours: 129,480. provided. Management Agency, DHS.

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ACTION: Notice. against, mitigate the effects of, respond commercial NPP. FEMA will make its to, and recover from incidents involving adequacy determination, supported by SUMMARY: The Federal Emergency commercial nuclear power plants other Federal agencies, as necessary, by Management Agency, as part of its (NPPs). conducting inspections, providing Staff continuing effort to reduce paperwork The REP Program assists State, Tribal Assistance Visits (SAVs), organizing, and respondent burden, invites the and local governments in the conducting and reviewing training, general public and other Federal development and conduct of off-site participating in, observing and agencies to take this opportunity to REP emergency planning and evaluating drills and exercises, and by comment on a revision of a currently preparedness activities within the being an engaged partner with Federal, approved information collection. In emergency planning zones (EPZs) of State, Tribal, and local government accordance with the Paperwork Nuclear Regulatory Commission (NRC)- officials and industry stakeholders. Reduction Act of 1995, this notice seeks licensed commercial nuclear power State, Tribal, or local government comments concerning revising a facilities. participation in offsite radiological currently approved information Sec. 109 of the NRC Authorization emergency planning and preparedness collection to incorporate existing Act of 1980 (Public Law 96–295) is voluntary. However, participation in information collections in use without directed the NRC to establish emergency the REP planning and preparedness an OMB control number representing all preparedness as a criterion for licensing process necessitates adherence to the information collections related to FEMA commercial NPPs. Specifically, section program requirements as set forth in 44 Radiological Emergency Preparedness 109 of Public Law 96–295 directed the CFR part 350, the joint NRC/FEMA Program requirements described in 44 NRC to establish through rulemaking, document NUREG–0645/FEMA–REP–1, CFR parts 350 and 352. (a) standards, developed with FEMA, for Rev. 1, ‘‘Criteria for Preparation and DATES: Comments must be submitted on the evaluation of State and local government radiological emergency Evaluation of Radiological Emergency or before October 9, 2015. Response Plans and Preparedness in ADDRESSES: To avoid duplicate planning and preparedness; and (b) a requirement that the NRC will issue Support of Nuclear Power Plants’’ (and submissions to the docket, please use supplements), and the REP Program only one of the following means to operating licenses. Before issuing a license the NRC also must determine Manual (RPM). If State, Tribal, or local submit comments: governments choose not to participate (1) Online. Submit comments at that there is (i) a State or local emergency response plan compliant in REP planning, 44 CFR part 352 www.regulations.gov under Docket ID outlines the licensee’s obligation to FEMA–2015–0018. Follow the with the standards developed with FEMA or (ii) in the absence of such a develop offsite plans/procedures to instructions for submitting comments. protect the public health and safety in (2) Mail. Submit written comments to plan, a State, local, or utility emergency response plan that provides reasonable accordance with the requirements in Docket Manager, Office of Chief Executive Order 12657, as amended. Counsel, DHS/FEMA, 500 C Street SW., assurance that public health and safety 8NE, Washington, DC 20472–3100. is not endangered by the NPP’s Collection of Information All submissions received must operation. See Public Law 96–295, include the agency name and Docket ID. § 109(b)(1)(A)–(B)). The NRC revised its Title: Federal Assistance for Offsite Regardless of the method used for regulations in Part 50 of Title 10 of the Radiological Emergency Preparedness submitting comments or material, all CFR to incorporate additional and Planning. submissions will be posted, without emergency preparedness requirements, Type of Information Collection: change, to the Federal eRulemaking including 16 planning standards for Revision of a currently approved Portal at http://www.regulations.gov, onsite and offsite emergency plans as information collection. and will include any personal required by PL 96–295. FEMA mirrors OMB Number: 1660–0024. these 16 planning standards in part 350, information you provide. Therefore, FEMA Forms: There are no forms. submitting this information makes it specifically at 44 CFR 350.5. In the communities surrounding There are no forms for this collection; public. You may wish to read the rather the regulatory text details the Privacy Act notice that is available via commercial NPPs, 44 CFR 350.5(b) directs FEMA’s REP Program to review content in which information is the link in the footer of transmitted to FEMA. www.regulations.gov. offsite radiological emergency plans and preparedness. Approved plans and Abstract: The intent of this request is FOR FURTHER INFORMATION CONTACT: John preparedness ‘‘must be determined to to revise a currently approved Schafer, Chief, Engineering and adequately protect the public health and information collection to incorporate Technology Section, Professional safety by providing reasonable existing information collections in use Services and Integration, Technological assurance that appropriate protective without an OMB control number Hazards Division, at 202–341–4896. You measures can be taken offsite in the representing all information collections may contact the Records Management event of a radiological emergency.’’ related to FEMA REP Program Division for copies of the proposed FEMA defines reasonable assurance requirements described in 44 CFR parts collection of information at email as a determination that State, Tribal, 350 and 352. Currently, only the 44 CFR address: FEMA-Information-Collections- local, and utility offsite plans and part 352 collections is included under [email protected]. preparedness are adequate to protect OMB Control #1660–0024. SUPPLEMENTARY INFORMATION: FEMA’s public health and safety in the Affected Public: State, Local or Tribal Radiological Emergency Preparedness emergency planning areas of Government; and business and other for (REP) Program coordinates the national commercial NPPs. FEMA will consider profits. effort to provide State, Tribal and local plans, procedures, personnel, training, Number of Respondents: 153. governments with relevant and facilities, equipment, drills, and executable planning, training, and exercises, which in its professional Number of Responses: 153. exercise guidance and policies judgment are important to the effective Estimated Total Annual Burden necessary to ensure that adequate implementation of protective measures Hours: 5,321. capabilities exist to prevent, protect offsite in the event or any incident at a Estimated Cost: $216,219.98.

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Comments to Ms. Christina Meister to complete the the methods described above. We will Comments may be submitted as registration process (see FOR FURTHER post all comments on http:// indicated in the ADDRESSES caption INFORMATION CONTACT). Because there is www.regulations.gov. This generally above. Comments are solicited to (a) limited seating available, registrations means that we will post any personal evaluate whether the proposed data will be taken on a first-come, first- information you provide us (see the collection is necessary for the proper served basis. Members of the public Submitting Public Comments section performance of the agency, including requesting reasonable accommodations, below for more information). whether the information shall have such as hearing interpreters, must Reviewing Comments Received by the practical utility; (b) evaluate the contact Ms. Meister, in writing Service: See Reviewing Public accuracy of the agency’s estimate of the (preferably by email), no later than Comments in the SUPPLEMENTARY burden of the proposed collection of August 15, 2015. INFORMATION section. information, including the validity of Submitting Questions or Information: FOR FURTHER INFORMATION CONTACT: Ms. the methodology and assumptions used; If you want to provide us with questions Christina Meister, International Affairs, (c) enhance the quality, utility, and and information to be considered during U.S. Fish and Wildlife Service, by email clarity of the information to be the meeting, your material must be at [email protected] (preferable collected; and (d) minimize the burden received or postmarked on or before method of contact); by U.S. mail at U.S. of the collection of information on those August 14, 2015. Comments submitted Fish and Wildlife Service; 5275 who are to respond, including through electronically using the Federal Leesburg Pike, MS: IA; Falls Church, VA the use of appropriate automated, eRulemaking Portal (see ADDRESSES 22041–3803; by telephone at (703) 358– electronic, mechanical, or other section) must be received by 11:59 p.m. 2284; or by fax at (703) 358–2276. technological collection techniques or Eastern Time on August 14, 2015. SUPPLEMENTARY INFORMATION: In other forms of information technology, Making an Oral Presentation at the accordance with the requirements of the e.g., permitting electronic submission of Meeting: If you want to make an oral Federal Advisory Committee Act (5 responses. presentation at the meeting (in person or U.S.C. App.), we announce that the by phone), contact Ms. Meister no later Advisory Council on Wildlife Dated: July 31, 2015. than August 14, 2015 (see FOR FURTHER Janice Waller, Trafficking (Council) will hold a INFORMATION CONTACT). For more meeting to discuss the implementation Acting Director, Records Management information, see Making an Oral of the National Strategy for Combating Division, Mission Support, Federal SUPPLEMENTARY Presentation under Wildlife Trafficking, and other Council Emergency Management Agency, Department INFORMATION. of Homeland Security. business as appropriate. The Council’s ADDRESSES [FR Doc. 2015–19591 Filed 8–7–15; 8:45 am] : Meeting Location: The purpose is to provide expertise and meeting will be held at the U.S. BILLING CODE 9110–21–P support to the Presidential Task Force Department of the Interior, South on Wildlife Trafficking. Interior Building Auditorium, 1951 You may attend the meeting in Constitution Avenue NW., Washington, DEPARTMENT OF THE INTERIOR person, or you may participate via DC 20240. telephone. At this time, we are inviting Fish and Wildlife Service Meeting Call-In Numbers: Members of submissions of questions and the public unable to attend the meeting information for consideration during the [FWS–HQ–IA–2014–0019; in person may call in at 800–369–3144 meeting. FXIA167109ADV15–156–FF09A00000] (toll free) or 1–312–470–7152 (toll) using the passcode 6368856#. Members Background Advisory Council on Wildlife may register to give an oral presentation Executive Order 13648 established the Trafficking over the phone as well. For more Advisory Council on Wildlife AGENCY: Fish and Wildlife Service, information, see Making an Oral Trafficking on August 30, 2013, to Interior. Presentation under SUPPLEMENTARY advise the Presidential Task Force on ACTION: Notice of meeting. INFORMATION. Wildlife Trafficking, through the Submitting Questions or Information: Secretary of the Interior, on national SUMMARY: We, the U.S. Fish and You may submit questions or strategies to combat wildlife trafficking, Wildlife Service (Service), announce a information for consideration during the including, but not limited to: public meeting of the Advisory Council meeting by one of the following 1. Effective support for anti-poaching on Wildlife Trafficking (Council). The methods: activities; Council’s purpose is to provide 1. Electronically: Go to the Federal 2. Coordinating regional law expertise and support to the Presidential eRulemaking Portal: http:// enforcement efforts; Task Force on Wildlife Trafficking. You www.regulations.gov. In the Search box, 3. Developing and supporting may attend the meeting in person, or enter FWS–HQ–IA–2014–0019. Then effective legal enforcement mechanisms; you may participate via telephone. At click on the ‘‘Search’’ button. You may and this time, we are inviting submissions of submit questions or information by 4. Developing strategies to reduce questions and information for clicking on ‘‘Comment Now!’’ illicit trade and consumer demand for consideration during the meeting. 2. By hard copy: Submit by U.S. mail illegally traded wildlife, including DATES: Meeting: The meeting will be or hand-delivery to: Public Comments protected species. held on Monday, August 24, 2015, from Processing, Attn: FWS–HQ–IA–2015– The eight-member Council, appointed 9 a.m. to 1 p.m. Eastern Time. 0019; Division of Policy, Performance, by the Secretary of the Interior, includes Registering to Attend the Meeting: To and Management Programs; U.S. Fish former senior leadership within the U.S. attend the meeting in person, you must and Wildlife Service; 5275 Leesburg Government, as well as chief executive register by close of business on August Pike, MS: ABHC; Falls Church, VA officers and board members from 17, 2015. (You do not need to register 22041–3803. conservation organizations and the to listen via phone.) Please submit your We will not accept email or faxes. We private sector. For more information on name, email address, and phone number request that you send comments only by the Council and its members, visit

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http://www.fws.gov/international/ Ms. Meister (see FOR FURTHER with the provisions of the Federal advisory-council-wildlife-trafficking/. INFORMATION CONTACT). Advisory Committee Act (5 U.S.C. Appendix). It reports to the Task Force Meeting Agenda Obtaining Meeting Minutes through the Secretary of the Interior or The Council will consider: Summary minutes of the meeting will her designee and functions solely as an 1. National Strategy updates and Task be available on the Council Web site at advisory body. The Council advises and Force discussions, http://www.fws.gov/international/ makes recommendations on issues 2. Administrative topics, and advisory-council-wildlife-trafficking/ as related to combating wildlife trafficking, 3. Public comment and response. well as at http://www.regulations.gov. including, but not limited to: The final agenda will be posted on the Alternatively, you may view them by (1) Effective support for anti-poaching Internet at http://www.fws.gov/ appointment during normal business activities, international/advisory-council-wildlife- hours at 5275 Leesburg Pike Falls (2) Coordinating regional law trafficking/ as well as at http:// Church, VA 22041–3803. Please contact enforcement efforts, www.regulations.gov. Ms. Meister (see FOR FURTHER (3) Developing and supporting Making an Oral Presentation INFORMATION CONTACT). effective legal enforcement mechanisms, Members of the public who want to Gloria Bell, and make an oral presentation in person or Deputy Assistant Director, International (4) Developing strategies to reduce by telephone at the meeting will be Affairs, U.S. Fish and Wildlife Service. illicit trade and reduce consumer prompted during the public comment [FR Doc. 2015–19516 Filed 8–7–15; 8:45 am] demand for illegally traded wildlife, section of the meeting to provide their BILLING CODE 4310–55–P including protected species. presentation and/or questions. If you The Council meets approximately 3– want to make an oral presentation in 4 times annually, and at such time as person or by phone, contact Ms. DEPARTMENT OF THE INTERIOR designated by the Designated Federal Christina Meister (FOR FURTHER Officer. Fish and Wildlife Service INFORMATION CONTACT) no later than the Members must include date given in the DATES section for [FWS–HQ–IA–2015–N100; knowledgeable individuals from the Making an Oral Presentation at the FXIA167109ADV15–156–FF09A00000] private sector, former governmental Meeting. officials, representatives of Registered speakers who want to Request for Nominees for the Advisory nongovernmental organizations, and expand on their oral statements, or Council on Wildlife Trafficking others who are in a position to provide those who wanted to speak but could AGENCY: Fish and Wildlife Service, expertise and support to the Task Force. not be accommodated on the agenda, are Interior. No member of the Council may be an invited to submit written statements to employee of the Federal Government. ACTION: Request for nominees. the Council after the meeting. Such Members’ appointments will be for 3- written statements must be received by SUMMARY: The Secretary of the Interior year terms. Ms. Meister, in writing (preferably via (Secretary), after consultation with the Individuals who are federally email), no later than August 31, 2015. Co-Chairs of the Presidential Task Force registered lobbyists are ineligible to serve on all FACA and non-FACA Submitting Public Comments on Wildlife Trafficking (Task Force), is seeking nominations for individuals to boards, committees, or councils in an You may submit your questions and serve on the Advisory Council on individual capacity. The term information by one of the methods Wildlife Trafficking (Council). ‘‘individual capacity’’ refers to listed in ADDRESSES. We request that DATES: Nominations must be received individuals who are appointed to you send comments by only one of the by September 9, 2015. exercise their own individual best methods described in ADDRESSES. ADDRESSES: Send nominations, judgment on behalf of the government, If you submit information via the preferably by email, to Mr. Cade such as when they are designated Federal eRulemaking Portal (http:// London, Special Assistant, Assistant Special Government Employees, rather www.regulations.gov), your entire Director for International Affairs, at than being appointed to represent a submission—including any personal [email protected]. You may particular interest. identifying information—will be posted also send nominations via U.S. mail to on the Web site. Nominating Potential Council Members U.S. Fish and Wildlife Service; If your submission is made via a Attention: Mr. Cade London; 5275 The Department of the Interior is now hardcopy that includes personal Leesburg Pike, MS: IA; Falls Church, VA seeking nominations for individuals to identifying information, you may 22041–3803. be considered as Council members. request at the top of your document that Nominations should include a resume we withhold this information from FOR FURTHER INFORMATION CONTACT: Ms. providing contact information and an public review. However, we cannot Christina Meister, International Affairs, adequate description of the nominee’s guarantee that we will be able to do so. U.S. Fish and Wildlife Service, by email qualifications, including information We will post all hardcopy submissions at [email protected] (preferable that would enable the Department of the at http://www.regulations.gov. method of contact); by U.S. mail at U.S. Interior to make an informed decision Fish and Wildlife Service; 5275 Reviewing Public Comments regarding whether individual nominees Leesburg Pike, MS: IA; Falls Church, VA meet the membership requirements of Comments and materials we receive 22041–3803; by telephone at (703) 358– the Council. will be available for public inspection at 2284; or by fax at (703) 358–2276. http://www.regulations.gov. SUPPLEMENTARY INFORMATION: Gloria Bell, Alternatively, you may view them by Acting Assistant Director for International appointment during normal business The Council’s Role and Membership Affairs, U.S. Fish and Wildlife Service. hours at 5275 Leesburg Pike Falls The Council was formed and [FR Doc. 2015–19519 Filed 8–7–15; 8:45 am] Church, VA 22041–3803. Please contact conducts its operations in accordance BILLING CODE 4310–55–P

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DEPARTMENT OF THE INTERIOR Those supported by quantitative Applicant: Oklahoma City Zoological information or studies; and (2) Those Park, Oklahoma City, OK; PRT–66196B Fish and Wildlife Service that include citations to, and analyses The applicant requests a permit to [FWS–HQ–IA–2015–N150; of, the applicable laws and regulations. import one female Sumatran orangutan FXIA16710900000–156–FF09A30000] We will not consider or include in our (Pongo abelii) from The Perth Zoological administrative record comments we Parks Authority, Perth Zoo, for the Endangered Species; Receipt of receive after the close of the comment purpose of enhancement of the survival Applications for Permit period (see DATES) or comments of the species. This notification covers AGENCY: Fish and Wildlife Service, delivered to an address other than those activities to be conducted by the Interior. listed above (see ADDRESSES). applicant over a 5-year period. ACTION: Notice of receipt of applications B. May I review comments submitted by Applicant: Stanford University, Palo for permit. others? Alto, CA; PRT–66259B SUMMARY: We, the U.S. Fish and Comments, including names and The applicant requests a permit to Wildlife Service, invite the public to street addresses of respondents, will be import biological samples from wild comment on the following applications available for public review at the street African wild dog (Lycaon pictus) for the to conduct certain activities with address listed under ADDRESSES. The purpose of scientific research from endangered species. With some public may review documents and other Painted Dog Conservation, Harare, exceptions, the Endangered Species Act information applicants have sent in Zimbabwe. This notification covers (ESA) prohibit activities with listed support of the application unless our activities to be conducted by the species unless Federal authorization is allowing viewing would violate the applicant over a 5-year period. acquired that allows such activities. Privacy Act or Freedom of Information Applicant: The Wild Animal Sanctuary, DATES: We must receive comments or Act. Before including your address, Keenesburg, CO; PRT–59837B requests for documents on or before phone number, email address, or other The applicant requests a permit to September 9, 2015. personal identifying information in your import two captive-bred Bengal tigers ADDRESSES: Brenda Tapia, U.S. Fish and comment, you should be aware that (Panthera tigris) from Uruguay for the Wildlife Service, Division of your entire comment—including your purpose of enhancement of the survival Management Authority, Branch of personal identifying information—may of the species through zoological Permits, MS: IA, 5275 Leesburg Pike, be made publicly available at any time. display. Falls Church, VA 22041; fax (703) 358– While you can ask us in your comment 2281; or email [email protected]. to withhold your personal identifying Applicant: The Wild Animal Sanctuary, FOR FURTHER INFORMATION CONTACT: information from public review, we Keenesburg, CO; PRT–59836B Brenda Tapia, (703) 358–2104 cannot guarantee that we will be able to The applicant requests a permit to (telephone); (703) 358–2281 (fax); do so. import two captive-bred, Bengal tigers [email protected] (email). II. Background (Panthera tigris) from Mexico for the SUPPLEMENTARY INFORMATION: purpose of enhancement of the survival I. Public Comment Procedures To help us carry out our conservation of the species through zoological responsibilities for affected species, and display. A. How do I request copies of in consideration of section 10(a)(1)(A) of Applicant: Harvey Kliebert Farms, LLC, applications or comment on submitted the Endangered Species Act of 1973, as Hammond, LA; PRT–66265B applications? amended (16 U.S.C. 1531 et seq.), along Send your request for copies of with Executive Order 13576, The applicant requests a captive-bred applications or comments and materials ‘‘Delivering an Efficient, Effective, and wildlife registration under 50 CFR concerning any of the applications to Accountable Government,’’ and the 17.21(g) for the species listed below to the contact listed under ADDRESSES. President’s Memorandum for the Heads enhance species propagation or Please include the Federal Register of Executive Departments and Agencies survival: Nile crocodile (Crocodylus notice publication date, the PRT- of January 21, 2009—Transparency and niloticus), Siamese crocodile number, and the name of the applicant Open Government (74 FR 4685; January (Crocodylus siamensis), Cuban in your request or submission. We will 26, 2009), which call on all Federal crocodile (Crocodylus rhombifer), not consider requests or comments sent agencies to promote openness and saltwater crocodile (Crocodylus to an email or address not listed under transparency in Government by porosus), African dwarf crocodile ADDRESSES. If you provide an email disclosing information to the public, we (Osteolaemus tetraspis), caiman address in your request for copies of invite public comment on these permit (Caiman crocodylus), brown caiman applications, we will attempt to respond applications before final action is taken. (Caiman crocodylus fuscus), and yacare to your request electronically. caiman (Caiman yacare). This Please make your requests or III. Permit Applications notification covers activities to be comments as specific as possible. Please conducted by the applicant over a Endangered Species confine your comments to issues for 5-year period. which we seek comments in this notice, Applicant: The Wild Animal Sanctuary, Applicant: Reed Salce, Chaplin, CT; and explain the basis for your Keenesburg, CO; PRT–59838B PRT–68415B comments. Include sufficient information with your comments to The applicant requests a permit to The applicant requests a captive-bred allow us to authenticate any scientific or import three captive-bred Bengal tigers wildlife registration under 50 CFR commercial data you include. (Panthera tigris) from Argentina for the 17.21(g) for the following species to The comments and recommendations purpose of enhancement of the survival enhance species propagation or that will be most useful and likely to of the species through zoological survival: Radiated tortoise (Astrochelys influence agency decisions are: (1) display. radiata). This notification covers

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activities to be conducted by the ([email protected]); or geologic mapping efforts of more than applicant over a 5-year period. by fax (202) 395–5806; and identify your 1,000 students working with more than submission with ‘Information Collection 244 professors at 148 universities in 44 Multiple Applicants 1028–0088, National Cooperative states, the District of Columbia, and The following applicants each request Geologic Mapping Program (NCGMP— Puerto Rico. Funds for graduate projects a permit to import the sport-hunted EDMAP and STATEMAP)’ in all are limited to $17,500 and trophy of one male bontebok correspondence. Please also forward a undergraduate project funds limited to (Damaliscus pygargus pygargus) culled copy of your comments and suggestions $10,000. These funds are used to cover from a captive herd maintained under on this information collection to the field expenses and student salaries, but the management program of the Information Collection Clearance not faculty salaries or tuition. The Republic of South Africa, for the Officer, U.S. Geological Survey, 12201 authority for both programs is listed in purpose of enhancement of the survival Sunrise Valley Drive, MS 807, Reston, the National Geologic Mapping Act of the species. VA 20192 (mail); (703) 648–7195 (fax); (Pub. L. 106–148). _ We will protect information from Applicant: John Klein, Amarillo, TX; or gs-info [email protected] (email). respondents considered proprietary PRT–72213B FOR FURTHER INFORMATION CONTACT: Douglas A. Howard, Associate Program under the Freedom of Information Act Applicant: Steven Smith, Montgomery, Coordinator NCGMP (STATEMAP and (5 U.S.C. 552) and its implementing TX; PRT–71735B EDMAP), U.S. Geological Survey, 12201 regulations (43 CFR part 2), and under Applicant: William Chaney, Flower Sunrise Valley Drive, MS 908, 20192 regulations at 30 CFR 250.197, ‘‘Data Mound, TX; PRT–72289B (mail); at 703–648–6978 (telephone); or and information to be made available to [email protected] (email). the public or for limited inspection.’’ Brenda Tapia, SUPPLEMENTARY INFORMATION: Responses are voluntary. No questions Program Analyst/Data Administrator, Branch of a ‘‘sensitive’’ nature are asked. I. Abstract of Permits, Division of Management II. Data Authority. EDMAP is the educational component OMB Control Number: 1028–0088. [FR Doc. 2015–19511 Filed 8–7–15; 8:45 am] of the NCGMP that is intended to train BILLING CODE 4310–55–P Form Number: NA. the next generation of geologic mappers. Title: National Cooperative Geologic The primary objective of the Mapping Program (EDMAP and STATEMAP component of the NCGMP DEPARTMENT OF THE INTERIOR STATEMAP). is to establish the geologic framework of Type of Request: Renewal without areas that are vital to the welfare of Geological Survey change. individual States. Affected Public: University or College [GX15GC009PLSG00] The NCGMP EDMAP program faculty and State Geological Surveys. allocates funds to colleges and Respondent’s Obligation: None. Agency Information Collection universities in the United States and Required to receive funding. Activity; National Cooperative Puerto Rico through an annual Frequency of Collections: Annually. Geologic Mapping Program (EDMAP competitive cooperative agreement Estimated Total Number of Annual and STATEMAP) process. Every federal dollar that is Responses: Approximately 50 awarded is matched with university AGENCY: United States Geological University or College faculty and funds. Geology professors, who are Survey (USGS), Interior. approximately 45 State Geological skilled in geologic mapping, request Survey responses. ACTION: Notice of extension of a EDMAP funding to support Estimated Time per Response: 36 currently approved collection. undergraduate and graduate students at hours. SUMMARY: We (the U.S. Geological their college or university in a one-year Estimated Annual Burden Hours: Survey) will ask the Office of mentored geologic mapping project that 5,220 hours total. We expect to receive Management and Budget (OMB) to focuses on a specific geographic area. approximately 50 applications for approve the information collection (IC) Only State Geological Surveys are EDMAP and 45 applications for described below. As required by the eligible to apply to the STATEMAP STATEMAP each year which takes each Paperwork Reduction Act (PRA) of component of the National Cooperative applicant approximately 36 hours to 1995, and as part of our continuing Geologic Mapping Program pursuant to complete, totaling 3,420 hours. This efforts to reduce paperwork and the National Geologic Mapping Act includes the time for project conception respondent burden, we invite the (Pub. L. 106–148). Since many State and development, proposal writing and general public and other Federal Geological Surveys are organized under reviewing, and submitting a project agencies to take this opportunity to a State university system, such narrative through Grants.gov. We expect comment on this IC. This collection is universities may submit a proposal on to issue 45 EDMAP and 45 STATEMAP scheduled to expire on October 31, behalf of the State Geological Survey. grants per year. The grant recipients are 2015. Each fall, the program announcements also required to submit a final technical are posted to the Grants.gov Web site report which takes each grant recipient DATES: To ensure that your comments and respondents are required to submit approximately 20 hours to complete, are considered, we must receive them applications (comprising of Standard totaling 1,800 hours. on or before September 9, 2015. Form 424, 424A, 424B, Proposal Estimated Reporting and ADDRESSES: Please submit written Summary Sheet, the Proposal, and Recordkeeping ‘‘Non-Hour Cost’’ comments on this information Budget Sheets. Additionally, EDMAP Burden: There are no ‘‘non-hour cost’’ collection directly to the Office of proposal must include a Negotiated Rate burdens associated with this IC. Management and Budget (OMB), Office Agreement, and a Support letter from a Public Disclosure Statement: The PRA of Information and Regulatory Affairs, State Geologist or USGS Project Chief). (44 U.S.C. 3501, et seq.) provides that an Attention: Desk Officer for the Since 1996, more than $5 million agency may not conduct or sponsor and Department of the Interior, via email: from the NCGMP has supported you are not required to respond to a

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collection of information unless it With this approval, the Tribe is and the taxation of lease-related displays a currently valid OMB control authorized to enter into the following interests and activities applies with number and current expiration date. type of leases without BIA approval: equal force to leases entered into under Business and residential ordinances. tribal leasing regulations approved by III. Request for Comments FOR FURTHER INFORMATION CONTACT: the Federal government pursuant to the To comply with the public Cynthia Morales, Office of Trust HEARTH Act. consultation process, on March 25, Services—Division of Realty, Bureau of Section 5 of the Indian Reorganization 2015, we published a Federal Register Indian Affairs; Telephone (202) 768– Act, 25 U.S.C 465, preempts State and notice (80 FR 15808) announcing our 4166; Email [email protected]. local taxation of permanent intent to submit this information improvements on trust land. SUPPLEMENTARY INFORMATION: collection to OMB for approval. In that Confederated Tribes of the Chehalis notice we solicited public comments for I. Summary of the HEARTH Act Reservation v. Thurston County, 724 60 days, ending on May 26, 2015. The F.3d 1153, 1157 (9th Cir. 2013) (citing The HEARTH (Helping Expedite and USGS did not receive any comments. Mescalero Apache Tribe v. Jones, 411 Advance Responsible Tribal Therefore, we have not changed this U.S. 145 (1973)). In addition, as Homeownership) Act of 2012 (the Act) collection. explained in the preamble to the revised makes a voluntary, alternative land We again invite comments concerning leasing regulations at 25 CFR part 162, leasing process available to tribes, by this IC on: (a) Whether the proposed Federal courts have applied a balancing collection of information is necessary amending the Indian Long-Term Leasing test to determine whether State and for the agency to perform its duties, Act of 1955, 25 U.S.C. 415. The Act local taxation of non-Indians on the including whether the information is authorizes tribes to negotiate and enter reservation is preempted. White useful; (b) the accuracy of the agency’s into agricultural and business leases of Mountain Apache Tribe v. Bracker, 448 estimate of the burden of the proposed tribal trust lands with a primary term of U.S. 136, 143 (1980). The Bracker collection of information; (c) ways to 25 years, and up to two renewal terms balancing test, which is conducted enhance the quality, usefulness, and of 25 years each, without the approval against a backdrop of ‘‘traditional clarity of the information to be of the Secretary of the Interior. The Act notions of Indian self-government,’’ collected; and (d) ways to minimize the also authorizes tribes to enter into leases requires a particularized examination of burden on the respondents, including for residential, recreational, religious or the relevant State, Federal, and tribal the use of automated collection educational purposes for a primary term interests. We hereby adopt the Bracker techniques or other forms of information of up to 75 years without the approval analysis from the preamble to the technology. Please note that any of the Secretary. Participating tribes surface leasing regulations, 77 FR at comments submitted in response to this develop tribal leasing regulations, 72,447–48, as supplemented by the notice are a matter of public record. including an environmental review analysis below. Before including your address, phone process, and then must obtain the The strong Federal and tribal interests number, email address or other personal Secretary’s approval of those regulations against State and local taxation of identifying information in your prior to entering into leases. The Act improvements, leaseholds, and comment, you should be aware that requires the Secretary to approve tribal activities on land leased under the your entire comment including your regulations if the tribal regulations are Department’s leasing regulations apply personal identifying information, may consistent with the Department’s leasing equally to improvements, leaseholds, be made publically available at any regulations at 25 CFR part 162 and and activities on land leased pursuant to time. While you can ask OMB in your provide for an environmental review tribal leasing regulations approved comment to withhold your personal process that meets requirements set under the HEARTH Act. Congress’s identifying information from public forth in the Act. This notice announces overarching intent was to ‘‘allow tribes review, we cannot guarantee that will be that the Secretary, through the Assistant to exercise greater control over their done. Secretary—Indian Affairs, has approved own land, support self-determination, the tribal regulations for the Seminole and eliminate bureaucratic delays that Douglas A. Howard, Tribe of Florida. stand in the way of homeownership and Associate Program Coordinator, National economic development in tribal Cooperative Geologic Mapping Program. II. Federal Preemption of State and Local Taxes communities.’’ 158 Cong. Rec. H. 2682 [FR Doc. 2015–19503 Filed 8–7–15; 8:45 am] (May 15, 2012). The HEARTH Act was BILLING CODE 4311–AM–P The Department’s regulations intended to afford tribes ‘‘flexibility to governing the surface leasing of trust adapt lease terms to suit [their] business and restricted Indian lands specify that, and cultural needs’’ and to ‘‘enable DEPARTMENT OF THE INTERIOR subject to applicable Federal law, [tribes] to approve leases quickly and permanent improvements on leased efficiently.’’ Id. at 5–6. Bureau of Indian Affairs land, leasehold or possessory interests, Assessment of State and local taxes [156A2100DD/AAKC001030/ and activities under the lease are not would obstruct these express Federal A0A501010.999900 253G] subject to State and local taxation and policies supporting tribal economic may be subject to taxation by the Indian development and self-determination, HEARTH Act Approval of Seminole tribe with jurisdiction. See 25 CFR and also threaten substantial tribal Tribe of Florida Regulations 162.017. As explained further in the interests in effective tribal government, AGENCY: Bureau of Indian Affairs, preamble to the final regulations, the economic self-sufficiency, and territorial Interior. Federal government has a strong interest autonomy. See Michigan v. Bay Mills ACTION: Notice. in promoting economic development, Indian Community, 134 S. Ct. 2024, self-determination, and tribal 2043 (2014) (Sotomayor, J., concurring) SUMMARY: On January 8, 2015, the sovereignty. 77 FR 72,440, 72447–48 (determining that ‘‘[a] key goal of the Bureau of Indian Affairs (BIA) approved (December 5, 2012). The principles Federal Government is to render Tribes the Seminole Tribe of Florida leasing supporting the Federal preemption of more self-sufficient, and better regulations under the HEARTH Act. State law in the field of Indian leasing positioned to fund their own sovereign

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functions, rather than relying on Federal DEPARTMENT OF THE INTERIOR and the Sand Flats Recreation Area. The funding’’). The additional costs of State Ashley National Forest will present a and local taxation have a chilling effect Bureau of Land Management proposal to increase their Christmas tree on potential lessees, as well as on a tribe [15X L1109AF LLUT980300 permit fees. that, as a result, might refrain from L11100000.PH0000 24–1A] A one-hour public comment period exercising its own sovereign right to will take place September 10, from impose a tribal tax to support its Utah Resource Advisory Council/ 9:30–10:30 a.m., where the public may infrastructure needs. See id. at 2043–44 Recreation Resource Advisory Council address the RAC. Written comments (finding that State and local taxes Meeting may also be sent to the BLM at the address listed in the FOR FURTHER greatly discourage tribes from raising tax AGENCY: Bureau of Land Management, INFORMATION CONTACT section of this revenue from the same sources because Interior. the imposition of double taxation would notice. ACTION: Notice. The meeting is open to the public; impede tribal economic growth). however, transportation, lodging, and SUMMARY: In accordance with the Just like BIA’s surface leasing meals are the responsibility of the Federal Land Policy and Management regulations, tribal regulations under the participating individuals. Act, the Federal Advisory Committee HEARTH Act pervasively cover all Persons who use a Act, and the Federal Lands Recreation aspects of leasing. See Guidance for the telecommunications device for the deaf Enhancement Act, the Bureau of Land Approval of Tribal Leasing Regulations (TDD) may call the Federal Information Management’s (BLM) Utah Resource under the HEARTH Act, NPM–TRUS– Relay Service (FIRS) at 1–800–877–8339 Advisory Council (RAC)/Recreation to leave a message or question for the 29 (effective Jan. 16, 2013) (providing Resource Advisory Council (RecRAC) above individual. The FIRS is available guidance on Federal review process to will meet as indicated below. ensure consistency of proposed tribal 24 hours a day, seven days a week. DATES: The BLM-Utah RAC will meet regulations with Part 162 regulations Replies are provided during normal September 9, 2015, from 8:00 a.m.–5:00 and listing required tribal regulatory business hours. p.m., and the BLM-Utah RAC/RecRAC provisions). Furthermore, the Federal will meet September 10, 2015, from 8:00 Authority: 43 CFR 1784.4–1. government remains involved in the a.m.–Noon. Kent Hoffman, tribal land leasing process by approving ADDRESSES: The RAC/RecRAC will meet the tribal leasing regulations in the first Acting State Director. at the San Juan County Public Library, instance and providing technical [FR Doc. 2015–19564 Filed 8–7–15; 8:45 am] Monticello Branch, 80 North Main, BILLING CODE 4310–DQ–P assistance, upon request by a tribe, for Monticello, Utah. the development of an environmental FOR FURTHER INFORMATION CONTACT: review process. The Secretary also Sherry Foot, Special Programs DEPARTMENT OF THE INTERIOR retains authority to take any necessary Coordinator, Bureau of Land actions to remedy violations of a lease Management, Utah State Office, 440 Bureau of Land Management or of the tribal regulations, including West 200 South, Suite 500, Salt Lake [F–14902–A, F–14902–A2; LLAK940000– terminating the lease or rescinding City, Utah 84101; phone (801)539–4195; L14100000–HY0000–P] approval of the tribal regulations and or, [email protected]. reassuming lease approval SUPPLEMENTARY INFORMATION: On Alaska Native Claims Selection responsibilities. Moreover, the Secretary September 9, 2015, the RAC will take a continues to review, approve, and AGENCY: Bureau of Land Management, field tour of Alkali Ridge, in Blanding, Interior. monitor individual Indian land leases Utah. A 15-minute briefing will be held ACTION: Notice of decision approving and other types of leases not covered at the San Juan County Library, lands for conveyance. under the tribal regulations according to Monticello Branch, 80 North Main, the Part 162 regulations. Monticello, Utah, beginning at 8:00 a.m. SUMMARY: Notice is hereby given that an Accordingly, the Federal and tribal Topics of discussion will be: Reviewing appealable decision will be issued by interests weigh heavily in favor of archaeological sites; discussions on the the Bureau of Land Management (BLM), preemption of State and local taxes on Tread Lightly! anti-looting campaign, approving conveyance of the surface lease-related activities and interests, the transportation system in relation to estate in the lands described below to regardless of whether the lease is the Richfield decision on transportation Napaskiak Incorporated, pursuant to the governed by tribal leasing regulations or management plans in Utah, and oil and Alaska Native Claims Settlement Act. Part 162. Improvements, activities, and gas leasing. After the field tour, the RAC DATES: Any party claiming a property leasehold or possessory interests may be will meet at the San Juan County interest in the lands affected by the Library for a business meeting. Further subject to taxation by the Seminole decision may appeal the decision in discussion on topics will include: Anti- Tribe of Florida. accordance with the requirements of 43 looting, Richfield litigation, CFR part 4. Please see the Dated: July 29, 2015. programmatic agreement for travel SUPPLEMENTARY INFORMATION section for Kevin K. Washburn, management planning, the Moab Master the time limits for appealing the Assistant Secretary—Indian Affairs. Leasing Plan, and updates on the Grand decision. [FR Doc. 2015–19604 Filed 8–7–15; 8:45 am] Staircase-Escalante National Monument Management Plan Amendment for ADDRESSES: A copy of the decision may BILLING CODE 4337–15–P Livestock Grazing. On September 10, be obtained from: Bureau of Land the RAC/RecRAC will listen to fee Management, Alaska State Office, 222 presentations from the BLM and the West Seventh Avenue, #13, Anchorage, Ashley National Forest. The BLM will AK 99513–7504. present proposals to increase fees at FOR FURTHER INFORMATION CONTACT: The Monticello Field Office Campgrounds BLM by phone at 907–271–5960 or by

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email at blm_ak_akso_public_room@ Parties who do not file an appeal in may be submitted in writing until blm.gov. Persons who use a accordance with the requirements of 43 September 9, 2015. The date(s) and Telecommunications Device for the Deaf CFR part 4 shall be deemed to have location(s) of any scoping meetings will (TDD) may call the Federal Information waived their rights. Notices of appeal be announced at least 15 days in Relay Service (FIRS) at 1 800–877–8339 transmitted by electronic means, such as advance through local news media, to contact the BLM during normal facsimile or email, will not be accepted newspapers and the BLM Web site at: business hours. In addition, the FIRS is as timely filed. http://www.blm.gov/id. In order to be available 24 hours a day, 7 days a week, included in the analysis, all comments Ralph L. Eluska, to leave a message or question with the must be received prior to the close of BLM. The BLM will reply during Land Transfer Resolution Specialist, Division the 30-day scoping period or 15 days of Lands and Cadastral. normal business hours. after the last public meeting, whichever [FR Doc. 2015–19602 Filed 8–7–15; 8:45 am] SUPPLEMENTARY INFORMATION: As is later. We will provide additional required by 43 CFR 2650.7(d), notice is BILLING CODE 4310–JA–P opportunities for public participation as hereby given that an appealable appropriate. decision will be issued by the BLM to DEPARTMENT OF THE INTERIOR ADDRESSES: You may submit comments Napaskiak Incorporated. The decision on issues and planning criteria related approves the surface estate in the lands Bureau of Land Management to the RMP amendment and proposed described below for conveyance sale by any of the following methods: pursuant to the Alaska Native Claims [15XL LLIDI02000.L71220000.EO0000. • Web site: http://www.blm.gov/id/st/ LVTFD0975750 241A 4500077602; IDI– en/prog/nepa_register/dairy_syncline_ Settlement Act (43 U.S.C. 1601, et seq.). 36468] The subsurface estate in these lands will mine.html • _ _ be conveyed to Calista Corporation, Notice of Intent To Amend the email: blm id dairysynclineEIS@ when the surface estate is conveyed to Pocatello Resource Management Plan blm.gov Napaskiak Incorporated. • fax: 208–478–6376 and Notice of Realty Action: • The lands are located in the vicinity Segregation of Land for a Proposed mail: BLM Pocatello Field Office, of Napaskiak, Alaska, and are described Non-Competitive (Direct) Sale of Public ATTN: Dairy Syncline EIS, 4350 Cliff as: Land in Caribou County, Idaho Drive, Pocatello, Idaho 83401. Documents pertinent to this proposal Seward Meridian, Alaska AGENCY: Bureau of Land Management, may be examined at the Pocatello Field T. 11 N., R. 62 W., Interior. Office. Please reference ‘‘Pocatello RMP Secs. 5 and 6. ACTION: Notice of Intent and Notice of Amendment/Notice of Realty Action: Containing approximately 1,170 acres. Realty Action. Proposed Sale of Public Lands’’ on all T. 12 N., R. 62 W., correspondence. Secs. 30, 31, and 32. SUMMARY: This notice provides for two FOR FURTHER INFORMATION CONTACT: Containing approximately 1,769 acres. related actions involving 1,142.10 acres T. 11 N., R. 63 W., Gloria Jakovac, Planning and Secs. 1 and 2. of public land in Caribou County, Idaho, Environmental Coordinator, 1405 Containing approximately 1,280 acres. one a proposed land use plan Hollipark Drive, Idaho Falls, Idaho T. 12 N., R. 63 W., amendment and the other a proposed 83401; phone 208–524–7526; email: Secs. 1, 2, and 3; direct land sale. In compliance with the [email protected]. Secs. 10 to 15, inclusive; National Environmental Policy Act of Contact Ms. Jakovac to have your name Secs. 22 to 27, inclusive; 1969, as amended (NEPA), and the added to our mailing list. Persons who Secs. 35 and 36. Federal Land Policy and Management use a telecommunications device for the Containing approximately 10,744 acres. Act of 1976 (FLPMA), as amended, the deaf (TDD) may call the Federal T. 6 N., R. 69 W., Bureau of Land Management (BLM) Secs. 31 and 32. Information Relay Service (FIRS) at 1– Containing approximately 1,269 acres. Pocatello Field Office intends to prepare 800–877–8339 to contact the above Aggregating approximately 16,232 acres. a resource management plan (RMP) individual during normal business amendment for the 2012 Pocatello RMP Notice of the decision will also be hours. The FIRS is available 24 hours a with an associated environmental day, 7 days a week, to leave a message published once a week for four impact statement (EIS) being prepared consecutive weeks in the Delta or question with Ms. Jakovac. You will for a mine and reclamation plan for the receive a reply during normal business Discovery. proposed Dairy Syncline phosphate Any party claiming a property interest hours. mine. This notice announces the in the lands affected by the decision SUPPLEMENTARY INFORMATION: This beginning of the scoping process to may appeal the decision in accordance document provides notice that the BLM solicit public comments and identify with the requirements of 43 CFR part 4 Pocatello Field Office, Pocatello, Idaho issues specific to the plan amendment. within the following time limits: intends to prepare an RMP amendment As part of proposed phosphate mine 1. Unknown parties, parties unable to in conjunction with the Dairy Syncline development, two parcels of public land be located after reasonable efforts have Mine Plan EIS and announces the in Caribou County, Idaho, are being been expended to locate, parties who beginning of the scoping process considered for a direct sale under the fail or refuse to sign their return receipt, seeking input on issues and planning provisions of FLPMA Section 203 at no and parties who receive a copy of the criteria specific to the RMP amendment. less than the appraised fair market decision by regular mail which is not The purpose of the proposed RMP value. certified, return receipt requested, shall amendment is to evaluate whether the have until September 9, 2015 to file an DATES: This notice initiates the public 1,142.10 acres of public lands proposed appeal. scoping process for the RMP for sale as part of the Dairy Syncline 2. Parties receiving service of the amendment, which will be evaluated in Mine Plan, which are identified as decision by certified mail shall have 30 the EIS associated with the proposed eligible for disposal in the 2012 days from the date of receipt to file an mine plan. Comments on issues specific Pocatello RMP, meet one or more of appeal. to the public land sale RMP amendment FLPMA’s Section 203 sales criteria. The

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proposed land sale would accommodate of the public lands being considered for associated with the Pocatello RMP will a tailings pond that is a component of sale will be for a period of two years. be amended. the mine and reclamation plan required Until completion of the sale or 2. The RMP amendment will comply for developing existing Federal termination of consideration of the sale, with FLPMA, NEPA, and all other phosphate leases. the BLM is no longer accepting land use applicable laws, regulations, and Amending the Pocatello RMP as applications affecting the identified policies. proposed would not increase the public land, except applications for the 3. For program-specific guidance for number of acres previously identified in amendment of previously-filed rights-of- decisions at the land use planning level, the RMP as eligible for disposal. It way applications or existing the process will follow the BLM’s would merely clarify that the 1,142.10 authorizations to increase the term of policies in the Land Use Planning acres of public lands described above the grants in accordance with 43 CFR Handbook, H–1601–1. meet Section 203 sale criteria, thereby 2807.15 and 2886.15. The segregative 4. Public participation and allowing consideration of the proposed effect will terminate upon issuance of a collaboration will be an integral part of sale to continue. In addition, the RMP patent, publication in the Federal the planning process. amendment would not change the Register of a termination of the 5. The BLM will strive to make BLM’s ability to dispose of public lands segregation, or August 10, 2017, unless decisions in the RMP amendment in Land Tenure Adjustment Zone 3 (as extended by the BLM State Director in compatible with existing plans and defined in the 2012 Pocatello RMP) accordance with 43 CFR 2711.1–2(d) policies of adjacent local, State, and through exchange, Recreation & Public prior to the termination date. Federal agencies and affected Native Purposes Act leases or other means of The subject public lands are included American tribes, as long as the decisions conveyance, or to retain them. A in Land Tenure Adjustment Zone 3 of are consistent with the purposes, separate RMP amendment, detailed the approved 2012 Pocatello RMP. The policies, and programs of Federal law analysis and Notice of Realty Action RMP identified approximately 141,000 and regulations applicable to public would be required for any subsequent acres of public lands within Zone 3 as lands. sales proposed for public lands within potentially suitable for disposal by 6. The BLM will work collaboratively Zone 3. Sale of the parcel described exchange; however, disposal of land with cooperating agencies and all other above will not proceed before through sales and Recreation & Public interested groups, agencies, and completion of the Dairy Syncline EIS. Purposes Act (R&PP) patents would also individuals. The following described public lands be allowed. The RMP did not identify in Caribou County, Idaho, would be The public is invited to provide which of those lands in Zone 3 meet affected by the RMP amendment and scoping comments on the above FLPMA Section 203 sale criteria. will be considered for sale under the mentioned issue, as well as other issues authority of FLPMA if they meet one or The purpose of the public scoping that should be addressed in the more of the sales criteria in Section 203: process is to determine relevant issues preparation of the plan amendment or that will influence the scope of the RMP proposed sales. Boise Meridian, Idaho amendment, including alternatives, and You may submit comments on issues T. 9 S., R. 44 E., guide the RMP amendment process. A and planning criteria in writing to the Sec. 6, lots 3 thru 7, inclusive, SW1⁄4NE1⁄4, preliminary issue identified by BLM BLM using one of the methods listed in SE1⁄4NW1⁄4, E1⁄2SW1⁄4, SE1⁄4; personnel; Federal, State, and local the ADDRESSES section above. To be Sec. 7, lot 1, NE1⁄4, E1⁄2NW1⁄4, SE1⁄4; agencies; and other stakeholders is to most helpful, you should submit Sec. 17, lots 1 and 2, S1⁄2NE1⁄4. identify whether the subject lands comments by the close of the 30-day The area described contains 1,142.10 acres. currently designated as eligible or scoping period. In addition to initiating scoping for potentially eligible for disposal also The BLM will use and coordinate the this RMP amendment, this notice also meet FLPMA Section 203 sale criteria NEPA scoping process to help fulfill the segregates the parcels from (43 U.S.C. 1713(a)). The Pocatello RMP public involvement requirements under appropriation under the public land identifies approximately 141,000 acres the National Historic Preservation Act laws, including the mining laws, during of public land in Zone 3 as available for (54 U.S.C. 306108) as provided in 36 the development of the EIS analyzing disposal. However, the RMP does not CFR 800.2(d)(3). The information about the Dairy Syncline Mine Plan and RMP specify whether those lands have been historic and cultural resources within amendment. Conveyance of the sale evaluated under FLPMA Section 203. the area potentially affected by the parcels would be subject to valid Issues communicated to the BLM in proposed action will assist the BLM in existing rights and encumbrances of response to this notice that are related identifying and evaluating impacts to records, including but not limited to, to the direct or indirect impacts of the such resources. rights-of-way for roads and public proposed sale or related future land The BLM will consult with Indian utilities. Conveyance of any mineral issues will be considered and tribes on a government-to-government interest pursuant to Section 209 of appropriately addressed in the Dairy basis in accordance with Executive FLPMA will be analyzed during Syncline Mine EIS, the notice of intent Order 13175 and other policies. Tribal processing of the proposed sale. The for which was published in the Federal concerns, including impacts on Indian patent would include an appropriate Register on April 13, 2010 (70 FR trust assets and potential impacts to indemnification clause protecting the 18875). cultural resources, will be given due United States from claims arising out of Comments may also be submitted consideration. Federal, State, and local the patentee’s use, occupancy or regarding the planning criteria. agencies, along with tribes and other occupations of the patented lands. Preliminary planning criteria include: stakeholders that may be interested in or On August 10, 2015, the above- 1. The RMP amendment will only affected by the proposed sale of the described parcels for sale will be address whether the identified public subject public lands being evaluated are segregated from appropriation under the lands, already designated as eligible for invited to participate in the scoping public land laws, including the United disposal (1,142.10 acres in Caribou process and, if eligible, may request or States mining laws, except the sale County, Idaho), meet FLPMA’s Section be requested by the BLM to participate provisions of FLPMA. The segregation 203 sale criteria. No other decisions in the development of the

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environmental analysis as a cooperating the Bureau of Land Management (BLM), consecutive weeks in the Arctic agency. approving conveyance of the surface Sounder. Before including your address, phone estate in the lands described below to Any party claiming a property interest number, email address, or other NANA Regional Corporation, Inc., in the lands affected by the decision personal identifying information in your Successor in Interest to Noatak may appeal the decision in accordance comment, you should be aware that Napaaktukmeut Corporation, pursuant with the requirements of 43 CFR part 4 your entire comment—including your to the Alaska Native Claims Settlement within the following time limits: personal identifying information—may Act. 1. Unknown parties, parties unable to be made publicly available at any time. DATES: Any party claiming a property be located after reasonable efforts have While you can ask us in your comment interest in the lands affected by the been expended to locate, parties who to withhold your personal identifying decision may appeal the decision in fail or refuse to sign their return receipt, information from public review, we accordance with the requirements of 43 and parties who receive a copy of the cannot guarantee that we will be able to CFR part 4. Please see the decision by regular mail which is not do so. The BLM will evaluate identified SUPPLEMENTARY INFORMATION section for certified, return receipt requested, shall issues to be addressed in the plan, and the time limits for appealing the have until September 9, 2015 to file an will place them into one of three decision. appeal. categories: 2. Parties receiving service of the 1. Issues to be resolved in the plan ADDRESSES: A copy of the decision may decision by certified mail shall have 30 amendment; be obtained from: Bureau of Land days from the date of receipt to file an 2. Issues to be resolved through policy Management, Alaska State Office, 222 appeal. or administrative action; or West Seventh Avenue, #13, Anchorage, Parties who do not file an appeal in 3. Issues beyond the scope of this plan AK 99513–7504. accordance with the requirements of 43 amendment. FOR FURTHER INFORMATION CONTACT: The BLM will provide an explanation The CFR part 4 shall be deemed to have BLM by phone at 907–271–5960 or by waived their rights. Notices of appeal in the Proposed RMP Amendment as to _ _ _ _ why an issue was placed in category email at blm ak akso public room@ transmitted by electronic means, such as two or three. The public is also blm.gov. Persons who use a facsimile or email, will not be accepted encouraged to help identify any Telecommunications Device for the Deaf as timely filed. (TDD) may call the Federal Information management questions and concerns Ralph L. Eluska, that should be addressed in the RMP Relay Service (FIRS) at 1 800–877–8339 to contact the BLM during normal Land Transfer Resolution Specialist, Division amendment. The BLM will work of Lands and Cadastral. collaboratively with interested parties to business hours. In addition, the FIRS is available 24 hours a day, 7 days a week, [FR Doc. 2015–19608 Filed 8–7–15; 8:45 am] identify the management decisions that BILLING CODE 4310–JA–P are best suited to local, regional, and to leave a message or question with the national needs and concerns. BLM. The BLM will reply during The BLM will use an interdisciplinary normal business hours. approach to develop the RMP SUPPLEMENTARY INFORMATION: As DEPARTMENT OF LABOR required by 43 CFR 2650.7(d), notice is amendment in order to consider the Occupational Safety and Health hereby given that an appealable variety of resource issues and concerns Administration identified. Specialists with expertise in decision will be issued by the BLM to the following disciplines will be NANA Regional Corporation, Inc., [Docket No. OSHA–2007–0042] involved in the planning process: Successor in Interest to Noatak Minerals and geology, forestry, outdoor Napaaktukmeut Corporation. The TUV Rheinland of North America, Inc.: recreation, archaeology, wildlife and decision approves the surface estate in Application for Expansion of fisheries, lands and realty, hydrology, the lands described below for Recognition soils, and socioeconomics. conveyance pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. AGENCY: Occupational Safety and Health Authority: 43 CFR 2711.1–2, 40 CFR Administration (OSHA), Labor. 1501.7 and 43 CFR 1610.2 1601, et seq.). The subsurface estate in these lands will be conveyed to NANA ACTION: Notice. Timothy M. Murphy, Regional Corporation, Inc., when the SUMMARY: BLM Idaho State Director. surface estate is conveyed to NANA In this notice, OSHA announces the application of TUV [FR Doc. 2015–19606 Filed 8–7–15; 8:45 am] Regional Corporation, Inc., as Successor Rheinland of North America, Inc. BILLING CODE 4310–GG–P in Interest to Noatak Napaaktukmeut Corporation. Noatak Napaaktukmeut (TUVRNA), for expansion of its Corporation was the original ANCSA recognition as a Nationally Recognized DEPARTMENT OF THE INTERIOR Corporation for the village of Noatak, Testing Laboratory (NRTL) and presents but merged with NANA Regional the Agency’s preliminary finding to Bureau of Land Management Corporation, Inc., in 1976 under the grant the application. [F–14907–M; LLAK940000–L14100000– authority of Public Law 94–204. The DATES: Submit comments, information, HY0000–P] lands are located in the vicinity of and documents in response to this Noatak, Alaska, and are described as: notice, or requests for an extension of Alaska Native Claims Selection time to make a submission, on or before Kateel River Meridian, Alaska August 25, 2015. AGENCY: Bureau of Land Management, T. 25 N., R. 18 W., Interior. ADDRESSES: Submit comments by any of Secs. 5, 6, and 7; the following methods: ACTION: Notice of Decision Approving Secs. 18 and 19. Lands for Conveyance. 1. Electronically: Submit comments Containing 1,726.39 acres. and attachments electronically at SUMMARY: Notice is hereby given that an Notice of the decision will also be http://www.regulations.gov, which is appealable decision will be issued by published once a week for four the Federal eRulemaking Portal. Follow

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the instructions online for making Avenue NW., Room N–3655, recognition. These pages are available electronic submissions. Washington, DC 20210, or by fax to from the OSHA Web site at http:// 2. Facsimile: If submissions, (202) 693–1644. www.osha.gov/dts/otpca/nrtl/ including attachments, are not longer FOR FURTHER INFORMATION CONTACT: index.html. than 10 pages, commenters may fax Information regarding this notice is TUVRNA currently has two facilities them to the OSHA Docket Office at (202) available from the following sources: (sites) recognized by OSHA for product 693–1648. Press inquiries: Contact Mr. Frank testing and certification, with its 3. Regular or express mail, hand Meilinger, Director, OSHA Office of headquarters located at: TUV Rheinland delivery, or messenger (courier) service: Communications, U.S. Department of of North America, Inc., 12 Commerce Submit comments, requests, and any Labor, 200 Constitution Avenue NW., Rd., Newtown, CT 06470. A complete attachments to the OSHA Docket Office, Room N–3647, Washington, DC 20210; list of TUVRNA sites recognized by Docket No. OSHA–2007–0042, telephone: (202) 693–1999; email: OSHA is available at http:// Technical Data Center, U.S. Department [email protected]. www.osha.gov/dts/otpca/nrtl/ of Labor, 200 Constitution Avenue NW., General and technical information: tuvrna.html. Room N–2625, Washington, DC 20210; Contact Mr. Kevin Robinson, Director, II. General Background on the telephone: (202) 693–2350 (TTY Office of Technical Programs and number: (877) 889–5627). Note that Application Coordination Activities, Directorate of TUVRNA submitted an application, security procedures may result in Technical Support and Emergency significant delays in receiving dated January 9, 2015 (OSHA–2007– Management, Occupational Safety and comments and other written materials 0042; Exhibit 15–1—TUVRNA Request Health Administration, U.S. Department by regular mail. Contact the OSHA for Expansion—January 2015), to of Labor, 200 Constitution Avenue NW., Docket Office for information about expand its recognition to include the Room N–3655, Washington, DC 20210; security procedures concerning delivery addition of one recognized testing and phone: (202) 693–2110 or email: of materials by express mail, hand certification site located at: TUV [email protected]. delivery, or messenger service. The Rheinland of North America, Inc., 1279 hours of operation for the OSHA Docket SUPPLEMENTARY INFORMATION: Quarry Lane, Pleasanton, CA 94566. Office are 8:15 a.m.–4:45 p.m., e.t. I. Notice of the Application for OSHA staff performed a detailed 4. Instructions: All submissions must Expansion analysis of the application and other include the Agency name and the OSHA pertinent information. OSHA staff also docket number (OSHA–2007–0042). The Occupational Safety and Health performed an on-site review of OSHA places comments and other Administration is providing notice that TUVRNA’s testing facility in materials, including any personal TUVRNA is applying for expansion of Pleasanton, CA on March 17, 2015, in information, in the public docket its current recognition as an NRTL. which the assessors found some without revision, and these materials TUVRNA requests the addition of one nonconformances with the requirements will be available online at http:// recognized testing and certification site of 29 CFR 1910.7. TUVRNA addressed www.regulations.gov. Therefore, the to its NRTL scope of recognition. these issues sufficiently, and OSHA staff Agency cautions commenters about OSHA recognition of an NRTL recommended that OSHA should grant submitting statements they do not want signifies that the organization meets the the application. made available to the public, or requirements specified in Title 29, Code submitting comments that contain of Federal Regulations, Section 1910.7 III. Preliminary Finding on the personal information (either about (29 CFR 1910.7). Recognition is an Application themselves or others) such as Social acknowledgment that the organization TUVRNA submitted an acceptable Security numbers, birth dates, and can perform independent safety testing application for expansion of its scope of medical data. and certification of the specific products recognition. OSHA’s review of the 5. Docket: To read or download covered within its scope of recognition application file and its detailed on-site submissions or other material in the and is not a delegation or grant of assessment indicate that TUVRNA can docket, go to http://www.regulations.gov government authority. Recognition meet the requirements prescribed by 29 or the OSHA Docket Office at the enables employers to use products CFR 1910.7 for expanding its address above. All documents in the approved by the NRTL to meet OSHA recognition to include the addition of docket are listed in the http:// standards that require product testing the one site detailed above for NRTL www.regulations.gov index; however, and certification. testing and certification. This some information (e.g., copyrighted The Agency processes applications by preliminary finding does not constitute material) is not publicly available to an NRTL for initial recognition, and for an interim or temporary approval of read or download through the Web site. an expansion or renewal of this TUVRNA’s application. All submissions, including copyrighted recognition, following requirements in OSHA welcomes public comment as material, are available for inspection Appendix A to 29 CFR 1910.7. This to whether TUVRNA meets the and copying at the OSHA Docket Office. appendix requires that the Agency requirements of 29 CFR 1910.7 for Contact the OSHA Docket Office for publish two notices in the Federal expansion of its recognition as an NRTL. assistance in locating docket Register in processing an application. In Comments should consist of pertinent submissions. the first notice, OSHA announces the written documents and exhibits. 6. Extension of comment period: application and provides its preliminary Commenters needing more time to Submit requests for an extension of the finding. In the second notice, the comment must submit a request in comment period on or before August 25, Agency provides its final decision on writing, stating the reasons for the 2015 to the Office of Technical the application. These notices set forth request. Commenters must submit the Programs and Coordination Activities, the NRTL’s scope of recognition or written request for an extension by the Directorate of Technical Support and modifications of that scope. OSHA due date for comments. OSHA will limit Emergency Management, Occupational maintains an informational Web page any extension to 10 days unless the Safety and Health Administration, U.S. for each NRTL, including TUVRNA, requester justifies a longer period. Department of Labor, 200 Constitution which details the NRTL’s scope of OSHA may deny a request for an

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extension if it is not adequately Straus LLC, as a Nationally Recognized the application. These notices set forth justified. To obtain or review copies of Testing Laboratory (NRTL). the NRTL’s scope of recognition or the publicly available information in DATES: The expansion of the scope of modifications of that scope. OSHA TUVRNA’s application, including recognition becomes effective on August maintains an informational Web page pertinent documents (e.g., exhibits) and 10, 2015. for each NRTL that details its scope of all submitted comments, contact the FOR FURTHER INFORMATION CONTACT: recognition. These pages are available Docket Office, Room N–2625, Information regarding this notice is from the Agency’s Web site at http:// Occupational Safety and Health available from the following sources: www.osha.gov/dts/otpca/nrtl/ Administration, U.S. Department of Press inquiries: Contact Mr. Frank index.html. Labor, at the above address; these Meilinger, Director, OSHA Office of materials also are available online at CSL submitted two applications, one Communications, U.S. Department of http://www.regulations.gov under dated August 29, 2014, and one dated Labor, 200 Constitution Avenue NW., Docket No. OSHA–2007–0042. February 25, 2015 (OSHA–2009–0026– Room N–3647, Washington, DC 20210; 0057, CSL Exhibit 1—Expansion OSHA staff will review all comments telephone: (202) 693–1999; email: to the docket submitted in a timely Application for Nine Standards and [email protected]. OSHA–2009–0026–0058, CSL Exhibit manner and, after addressing the issues General and technical information: 2—Expansion Application for One raised by these comments, will Contact Mr. Kevin Robinson, Director, Standard). These two applications were recommend to the Assistant Secretary Office of Technical Programs and combined. OSHA staff performed a for Occupational Safety and Health Coordination Activities, Directorate of whether to grant TUVRNA’s application Technical Support and Emergency comparability analysis and reviewed for expansion of its scope of recognition. Management, Occupational Safety and other pertinent information. OSHA The Assistant Secretary will make the Health Administration, U.S. Department performed an on-site review in relation final decision on granting the of Labor, 200 Constitution Avenue NW., to these applications on January 27, application. In making this decision, the Room N–3655, Washington, DC 20210; 2015 to January 28, 2015. Assistant Secretary may undertake other telephone: (202) 693–2110; email: OSHA published the preliminary proceedings prescribed in Appendix A [email protected]. OSHA’s Web notice announcing CSL’s expansion to 29 CFR 1910.7. OSHA will publish a page includes information about the application in the Federal Register on public notice of this final decision in NRTL Program (see http:// the Federal Register. May 21, 2015 (80 FR 29342). The www.osha.gov/dts/otpca/nrtl/ Agency requested comments by June 5, IV. Authority and Signature index.html). 2015, but it received no comments in David Michaels, Ph.D., MPH, SUPPLEMENTARY INFORMATION: response to this notice. OSHA now is proceeding with this final notice to Assistant Secretary of Labor for I. Notice of Final Decision Occupational Safety and Health, 200 grant expansion of CSL’s scope of Constitution Avenue NW., Washington, OSHA hereby gives notice of the recognition. expansion of the scope of recognition of DC 20210, authorized the preparation of To obtain or review copies of all Curtis-Straus LLC (CSL) as an NRTL. this notice. Accordingly, the Agency is public documents pertaining to the CSL’s expansion covers the addition of issuing this notice pursuant to 29 U.S.C. CSL’s application, go to nine test standards to its scope of 657(g)(2), Secretary of Labor’s Order No. www.regulations.gov or contact the 1–2012 (77 FR 3912, Jan. 25, 2012), and recognition. Docket Office, Occupational Safety and 29 CFR 1910.7. OSHA recognition of an NRTL signifies that the organization meets the Health Administration, U.S. Department Signed at Washington, DC, on August 5, of Labor, 200 Constitution Avenue NW., 2015. requirements specified by 29 CFR 1910.7. Recognition is an Room N–2625, Washington, DC 20210. David Michaels, acknowledgment that the organization Docket No. OSHA–2009–0026 contains Assistant Secretary of Labor for Occupational can perform independent safety testing all materials in the record concerning Safety and Health. and certification of the specific products CSL’s recognition. [FR Doc. 2015–19593 Filed 8–7–15; 8:45 am] covered within its scope of recognition II. Final Decision and Order BILLING CODE 4510–26–P and is not a delegation or grant of government authority. As a result of OSHA staff examined CSL’s recognition, employers may use DEPARTMENT OF LABOR expansion application, its capability to products properly approved by the meet the requirements of the test Occupational Safety and Health NRTL to meet OSHA standards that standards, and other pertinent Administration require testing and certification of the information. Based on its review of this products. evidence, OSHA finds that CSL meets The Agency processes applications by [Docket No. OSHA–2009–0026] the requirements of 29 CFR 1910.7 for an NRTL for initial recognition, or for expansion of its recognition, subject to expansion or renewal of this Curtis-Straus LLC: Grant of Expansion the specified limitation and conditions recognition, following requirements in of Recognition listed below. OSHA, therefore, is Appendix A to 29 CFR 1910.7. This proceeding with this final notice to AGENCY: Occupational Safety and Health appendix requires that the Agency Administration (OSHA), Labor. publish two notices in the Federal grant CSL’s scope of recognition. OSHA limits the expansion of CSL’s ACTION: Notice. Register in processing an application. In the first notice, OSHA announces the recognition to testing and certification SUMMARY: In this notice, OSHA application and provides its preliminary of products for demonstration of announces its final decision to expand finding and, in the second notice, the conformance to the test standards listed the scope of recognition for Curtis- Agency provides its final decision on in Table 1 below.

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TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN CSL’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title

UL 1012 ...... Power Supplies. UL 1310 ...... Direct Plug-In Transformer Units. UL 60065 ...... Audio, Video and Similar Electronic Apparatus. UL 60950–21 ...... Information Technology Equipment—Safety—Part 21: Remote Power Feeding. UL 60950–22 ...... Information Technology Equipment—Safety—Part 22: Equipment to be In- stalled Outdoors. UL 60950–23 ...... Information Technology Equipment—Safety—Part 23: Large Data Storage Equipment. UL 62368–1 ...... Audio/video, information and communication technology equipment—Part 1: Safety requirements. UL 61010–2–030 ...... Safety requirements for electrical equipment for measurement, control, and laboratory use—Part 2–030: Particular requirements for testing and meas- uring circuits. UL 61010B–2–031 ...... Electrical Equipment for Measurement, Control, and Laboratory Use; Part 2: Particular Requirements for Hand-Held Probe Assemblies for Electrical Measurement and Test.

OSHA’s recognition of any NRTL for CSL’s scope of recognition, in all areas telephone call-in directions provided a particular test standard is limited to for which it has recognition. below. equipment or materials for which OSHA Pursuant to the authority in 29 CFR CALL–IN DIRECTIONS FOR OPEN SESSIONS: standards require third-party testing and 1910.7, OSHA hereby expands the scope • Call toll-free number: 1–866–451– certification before using them in the of recognition of CSL, subject to the 4981; workplace. Consequently, if a test limitation and conditions specified • When prompted, enter the standard also covers any products for above. following numeric pass code: which OSHA does not require such III. Authority and Signature 5907707348 testing and certification, an NRTL’s • David Michaels, Ph.D., MPH, When connected to the call, please scope of recognition does not include immediately ‘‘MUTE’’ your telephone. these products. Assistant Secretary of Labor for Occupational Safety and Health, 200 Members of the public are asked to The American National Standards Constitution Avenue NW., Washington, keep their telephones muted to Institute (ANSI) may approve the test DC 20210, authorized the preparation of eliminate background noises. To avoid standards listed above as American this notice. Accordingly, the Agency is disrupting the meeting, please refrain National Standards. However, for issuing this notice pursuant to 29 U.S.C. from placing the call on hold if doing so convenience, we may use the 657(g)(2), Secretary of Labor’s Order No. will trigger recorded music or other designation of the standards-developing 1–2012 (77 FR 3912, Jan. 25, 2012), and sound. From time to time, the Chair may organization for the standard as opposed 29 CFR 1910.7. solicit comments from the public. to the ANSI designation. Under the STATUS OF MEETING: Open. NRTL Program’s policy (see OSHA Signed at Washington, DC, on August 5, MATTERS TO BE CONSIDERED: Instruction CPL 1–0.3, Appendix C, 2015. paragraph XIV), any NRTL recognized David Michaels, Finance Committee for a particular test standard may use Assistant Secretary of Labor for Occupational 1. Approval of agenda either the proprietary version of the test Safety and Health. 2. Approval of minutes of the standard or the ANSI version of that [FR Doc. 2015–19594 Filed 8–7–15; 8:45 am] Committee’s July 9, 2015 telephonic standard. Contact ANSI to determine BILLING CODE 4510–26–P meeting whether a test standard is currently 3. Consider and act on resolution ANSI-approved. LEGAL SERVICES CORPORATION regarding the establishment of the A. Conditions Office of Data Governance and Analysis to replace the Office of In addition to those conditions Sunshine Act Meeting Information Management, already required by 29 CFR 1910.7, CSL DATE AND TIME: The Legal Services (Resolution 2015–XXX) must abide by the following conditions Corporation’s Board of Directors and 4. Public comment of the recognition: Finance Committee will meet 5. Consider and act on other business 1. CSL must inform OSHA as soon as telephonically on August 13, 2015. The 6. Consider and act on adjournment of possible, in writing, of any change of meetings will commence at 11:00 a.m., meeting ownership, facilities, or key personnel, EDT, and will continue until the and of any major change in its conclusion of the Board’s agenda. Board of Directors operations as an NRTL, and provide LOCATION: Government Relations & 1. Approval of agenda details of the change(s); Public Affairs Conference Room, Legal 2. Consider and act on the Finance 2. CSL must meet all the terms of its Services Corporation Headquarters, Committee’s report on Resolution to recognition and comply with all OSHA 3333 K Street NW., Washington DC Establish the Office of Data policies pertaining to this recognition; 20007. Governance and Analysis to and PUBLIC OBSERVATION: Members of the Replace the Office of Information 3. CSL must continue to meet the public who are unable to attend in Management requirements for recognition, including person but wish to listen to the public 3. Public comment all previously published conditions on proceedings may do so by following the 4. Consider and act on other business

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5. Consider and act on adjournment of so, but the Commission is able to assure • NRC’s PDR: You may examine and meeting consideration only for comments purchase copies of public documents at CONTACT PERSON FOR INFORMATION: received before this date. the NRC’s PDR, Room O1–F21, One Katherine Ward, Executive Assistant to ADDRESSES: You may submit comments White Flint North, 11555 Rockville the Vice President & General Counsel, at by any of the following methods: Pike, Rockville, Maryland 20852. • Federal Rulemaking Web site: Go to (202) 295–1500. Questions may be sent B. Submitting Comments by electronic mail to FR_NOTICE_ http://www.regulations.gov and search [email protected]. for Docket ID NRC–2015–0188. Address Please include Docket ID NRC–2015– 0188 in the subject line of your ACCESSIBILITY: LSC complies with the questions about NRC dockets to Carol comment submission, in order to ensure Americans with Disabilities Act and Gallagher; telephone: 301–415–3463; that the NRC is able to make your section 504 of the 1973 Rehabilitation email: [email protected]. For comment submission available to the Act. Upon request, meeting notices and technical questions, contact the FOR FURTHER public in this docket. materials will be made available in individual listed in the alternative formats to accommodate INFORMATION CONTACT section of this The NRC cautions you not to include individuals with disabilities. document. identifying or contact information in • Mail comments to: Cindy Bladey, Individuals needing other comment submisssions that you do not Office of Administration, Mail Stop: O– accommodations due to disability in want to be publicly disclosed in your 12H8, U.S. Nuclear Regulatory order to attend the meeting in person or comment submission. The NRC will Commission, Washington, DC 20555– telephonically should contact Katherine post all comment submissions at 0001. Ward, at (202) 295–1500 or FR_ http://www.regulations.gov as well as _ For additional direction on obtaining enter the comment submissions into NOTICE [email protected], at least information and submitting comments, 2 business days in advance of the ADAMS, and the NRC does not see ‘‘Obtaining Information and routinely edit comment submissions to meeting. If a request is made without Submitting Comments’’ in the advance notice, LSC will make every remove identifying or contact SUPPLEMENTARY INFORMATION section of information. effort to accommodate the request but this document. cannot guarantee that all requests can be If you are requesting or aggregating FOR FURTHER INFORMATION CONTACT: fulfilled. comments from other persons for Matthew Humberstone, Office of submission to the NRC, then you should Dated: August 5, 2015. Nuclear Reactor Regulation, U.S. inform those persons not to include Katherine Ward, Nuclear Regulatory Commission, identifying or contact information that Executive Assistant to the Vice President for Washington DC 20555–0001; telephone: they do not want to be publicly Legal Affairs and General Counsel. 301–415–1464; email: disclosed in their comment submission. [FR Doc. 2015–19673 Filed 8–6–15; 11:15 am] [email protected]. Your request should state that the NRC BILLING CODE 7050–01–P SUPPLEMENTARY INFORMATION: does not routinely edit comment submissions to remove such information I. Obtaining Information and before making the comment Submitting Comments NUCLEAR REGULATORY submissions available to the public or COMMISSION A. Obtaining Information entering the comment submissions into ADAMS. [NRC–2015–0188] Please refer to Docket ID NRC–2015– 0188 when contacting the NRC about II. Discussion Use of Accreditation in Lieu of the availability of information for this Commercial Grade Surveys for action. You may obtain publicly- The NRC is requesting public Procurement of Laboratory Calibration available information related to this comments on a draft RIS. The NRC and Test Services action by any of the following methods: issues RISs to communicate with • Federal Rulemaking Web site: Go to stakeholders on a broad range of AGENCY: Nuclear Regulatory http://www.regulations.gov and search regulatory matters. This may include Commission. for Docket ID NRC–2015–0188. communicating and restating staff ACTION: Draft regulatory issue summary; • NRC’s Agencywide Documents technical positions on regulatory request for comment. Access and Management System matters. The NRC staff has developed (ADAMS): You may obtain publicly- draft RIS 2015–0188, to inform SUMMARY: The U.S. Nuclear Regulatory available documents online in the addressees of industry implementation Commission (NRC) is seeking public ADAMS Public Documents collection at guidance developed by the Nuclear comment on a draft regulatory issue http://www.nrc.gov/reading-rm/ Energy Institute, Revision 1 to NEI 14– summary (RIS), RIS 2015–0188, adams.html. To begin the search, select 05, ‘‘Guidelines for the Use of ‘‘Nuclear Energy Institute Guidance for ‘‘ADAMS Public Documents’’ and then Accreditation in Lieu of Commercial the use of Accreditation in lieu of select ‘‘Begin Web-based ADAMS Grade Surveys for Procurement of Commercial Grade Surveys for Search.’’ For problems with ADAMS, Laboratory Calibration and Test Procurement of Laboratory Calibration please contact the NRC’s Public Services,’’ Revision 1 (ADAMS and Test Services.’’ This RIS informs Document Room (PDR) reference staff at Accession No. ML14245A391), which addressees of guidance prepared by the 1–800–397–4209, 301–415–4737, or by the NRC staff has found acceptable for Nuclear Energy Institute for email to [email protected]. The draft use with respect to procurement of procurement of calibration and testing RIS, ‘‘Nuclear Energy Institute Guidance calibration and testing services services performed by domestic and for the use of Accreditation in lieu of performed by domestic and international laboratories, which the Commercial Grade Surveys for international laboratories. The draft RIS NRC staff has found acceptable for use. Procurement of Laboratory Calibration 2015–0188, is available in ADAMS DATES: Submit comments by October 9, and Test Services ’’ is available in under Accession No. ML15090A236. 2015. Comments received after this date ADAMS under Accession No. Dated at Rockville, Maryland, this 4th day will be considered if it is practical to do ML15090A236. of August 2015.

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For the Nuclear Regulatory Commission. The schedule for Commission the Commission is able to ensure Sheldon D. Stuchell, meetings is subject to change on short consideration only for comments Chief, Generic Communications Branch, notice. For more information or to verify received on or before this date. Division of Policy and Rulemaking, Office the status of meetings, contact Glenn ADDRESSES: You may submit comments of Nuclear Reactor Regulation. Ellmers at 301–415–0442 or via email at by any of the following methods (unless [FR Doc. 2015–19549 Filed 8–7–15; 8:45 am] [email protected]. this document describes a different BILLING CODE 7590–01–P * * * * * method for submitting comments on a The NRC Commission Meeting specific subject): Schedule can be found on the Internet • Federal Rulemaking Web site: Go to NUCLEAR REGULATORY at: http://www.nrc.gov/public-involve/ http://www.regulations.gov and search COMMISSION public-meetings/schedule.html. for Docket ID NRC–2015–0187. Address [NRC–2015–0001] * * * * * questions about NRC dockets to Carol The NRC provides reasonable Gallagher; telephone: 301–415–3463; Sunshine Act Meeting Notice accommodation to individuals with email: [email protected]. For disabilities where appropriate. If you technical questions, contact the DATE: August 10, 17, 24, 31, September need a reasonable accommodation to individual listed in the FOR FURTHER 7, 14, 2015. participate in these public meetings, or INFORMATION CONTACT section of this PLACE: Commissioners’ Conference need this meeting notice or the document. • Mail comments to: Cindy Bladey, Room, 11555 Rockville Pike, Rockville, transcript or other information from the Office of Administration, Mail Stop: Maryland. public meetings in another format (e.g. O12–H08, U.S. Nuclear Regulatory STATUS: Public and closed. braille, large print), please notify Commission, Washington, DC 20555– Kimberly Meyer, NRC Disability Week of August 10, 2015 0001. Program Manager, at 301–287–0727, by Thursday, August 13, 2015 For additional direction on accessing videophone at 240–428–3217, or by information and submitting comments, 8:55 a.m. Affirmation—Tentative email at Kimberly.Meyer-Chambers@ see ‘‘Obtaining Information and Final Rule: Petition for Rulemaking nrc.gov. Determinations on requests for Submitting Comments’’ in the Process, title 10 of the Code of reasonable accommodation will be SUPPLEMENTARY INFORMATION section of Federal Regulations part 2 (RIN made on a case-by-case basis. this document. 3150–AI30) (Tentative) * * * * * FOR FURTHER INFORMATION CONTACT: This meeting will be webcast live at Members of the public may request to Mark D. Notich, Office of New Reactors, the Web address—http://www.nrc.gov/. receive this information electronically. 9:00 a.m. Briefing on Greater-Than- U.S. Nuclear Regulatory Commission, If you would like to be added to the Washington, DC 20555–0001; telephone Class-C Low-Level Radioactive distribution, please contact the Nuclear Waste (Public Meeting) at 301–415–3053 or email at Regulatory Commission, Office of the [email protected]. (Contact: Gregory Suber: 301–415– Secretary, Washington, DC 20555 (301– SUPPLEMENTARY INFORMATION: 8087) 415–1969), or email This meeting will be webcast live at [email protected] or I. Obtaining Information and the Web address—http://www.nrc.gov/. [email protected]. Submitting Comments Week of August 17, 2015—Tentative Dated: August 5, 2015. A. Obtaining Information. There are no meetings scheduled for Glenn Ellmers, Please refer to Docket ID NRC–2015– the week of August 17, 2015. Policy Coordinator, Office of the Secretary. 0187 when contacting the NRC about [FR Doc. 2015–19641 Filed 8–6–15; 11:15 am] Week of August 24, 2015—Tentative the availability of information regarding BILLING CODE 7590–01–P this document. You may obtain There are no meetings scheduled for publicly-available information related to the week of August 24, 2015. this action by the following methods: NUCLEAR REGULATORY • Week of August 31, 2015—Tentative Federal Rulemaking Web site: Go to COMMISSION http://www.regulations.gov and search There are no meetings scheduled for [NRC–2015–0187] for Docket ID NRC–2015–0187. the week of August 31, 2015. • NRC’s Agencywide Documents Week of September 7, 2015—Tentative Human Factors Engineering Access and Management System (ADAMS): You may obtain publicly- Tuesday, September 8, 2015 AGENCY: Nuclear Regulatory available documents online in the 9:30 a.m. Briefing on Project AIM Commission. ADAMS Public Documents collection at 2020 (Public Meeting) ACTION: Standard review plan-draft http://www.nrc.gov/reading-rm/ (Contact: Karen Fitch: 301–415–7358) section revision; request for comment. adams.html. To begin the search, select This meeting will be webcast live at ‘‘ADAMS Public Documents’’ and then the Web address—http://www.nrc.gov/. SUMMARY: The U.S. Nuclear Regulatory select ‘‘Begin Web-based ADAMS Commission (NRC) is requesting public Search.’’ For problems with ADAMS, Thursday, September 10, 2015 comment on draft NUREG–0800, please contact the NRC’s Public 9:30 a.m. Briefing on NRC ‘‘Standard Review Plan for the Review Document Room (PDR) reference staff at International Activities (Closed— of Safety Analysis Reports for Nuclear 1–800–397–4209, 301–415–4737, or by Ex. 1 & 9) Power Plants: LWR Edition,’’ Section email to [email protected]. The 18.0, ‘‘Human Factors Engineering.’’ ADAMS accession number for each Week of September 14, 2015—Tentative DATES: Comments must be filed no later document referenced (if it available in There are no meetings scheduled for than October 9, 2015. Comments ADAMS) is provided the first time that the week of September 14, 2015. received after this date will be a document is referenced. The proposed * * * * * considered, if it is practical to do so, but revision to SRP Section 18.0, ‘‘Human

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Factors Engineering.’’ is available in detail regarding inspections, tests, a regulatory approval, or a design ADAMS under Accession No. analyses, and acceptance criteria certification applicant). ML13108A095. A redline strikeout (ITAAC) and design acceptance criteria The NRC staff does not intend to comparing the proposed revision to the (DAC) for new reactor applications impose or apply the positions described current version can be found in ADAMS submitted in accordance with in the draft SRP to existing licenses and under Accession No. ML13108A098. requirements in part 52 of Title 10 of the regulatory approvals. Hence, the • NRC’s PDR: You may examine and Code of Federal Regulations (10 CFR), issuance of a final SRP—even if purchase copies of public documents at ‘‘Licenses, Certifications, and Approvals the NRC’s PDR, Room O1–F21, One for Nuclear Power Plants,’’ (3) clarifying considered guidance within the purview White Flint North, 11555 Rockville expectations for 10 CFR part 52 of the issue finality provisions in 10 Pike, Rockville, Maryland 20852. combined license reviews, (4) providing CFR part 52—would not need to be evaluated as if it were a backfit or as B. Submitting Comments additional details regarding review interfaces, (5) making editorial and being inconsistent with issue finality Please include Docket ID NRC–2015– formatting revisions, including revised provisions. If, in the future, the NRC 0187 in the subject line of your section numbering, and (6) staff seeks to impose a position in the comment submission, in order to ensure incorporating guidance from the draft SRP (if finalized) on holders of that the NRC is able to make your previously issued SRP Chapter 18, already issued licenses in a manner that comment submission available to the Appendix A, ‘‘Manual Operator does not provide issue finality as public in this docket. Actions.’’ described in the applicable issue finality The NRC cautions you not to include Following the NRC staff’s evaluation provision, then the staff must make the identifying or contact information that of public comments on the proposed showing as set forth in the Backfit Rule you do not want to be publicly Revision 3, the NRC intends to finalize or address the criteria for avoiding issue disclosed in your comment submission. SRP Section 18.0 Revision 3 in ADAMS, finality as described in the applicable The NRC posts all comment and post it on the NRC’s public Web site submissions at http:// issue finality provision. at http://www.nrc.gov/reading-rm/doc- www.regulations.gov as well as entering 3. Backfitting and issue finality do collections/nuregs/staff/sr0800/. The the comment submissions into ADAMS. not—with limited exceptions not SRP is guidance for the NRC staff. The The NRC does not routinely edit applicable here—protect current or SRP is not a substitute for the NRC comment submissions to remove future applicants. regulations, and compliance with the identifying or contact information. Applicants and potential applicants If you are requesting or aggregating SRP is not required. are not, with certain exceptions, comments from other persons for III. Backfitting and Issue Finality protected by either the Backfit Rule or submission to the NRC, then you should The NRC is issuing a proposed any issue finality provisions under 10 inform those persons not to include revision to SRP Chapter 18.0. This identifying or contact information that CFR part 52. Neither the Backfit Rule document is used by the NRC staff as they do not want to be publicly nor the issue finality provisions under regulatory guidance while reviewing a disclosed in their comment submission. 10 CFR part 52—with certain control room design that reflects state- Your request should state that the NRC exclusions—were intended to apply to of-the-art human factor principles before does not routinely edit comment every NRC action that substantially a licensee commits to fabrication, or submissions to remove such information changes the expectations of current and revision of fabricated control room before making the comment future applicants. The exceptions to the panels and layouts. Issuance of this submissions available to the public or general principle are applicable draft SRP, if finalized, would not entering the comment submissions into whenever an applicant references a 10 constitute backfitting as defined in 10 ADAMS. CFR part 52 license (e.g., an early site CFR 50.109 (the Backfit Rule) or permit) and/or NRC regulatory approval II. Further Information otherwise be inconsistent with the issue (e.g., a design certification rule) with finality provisions in 10 CFR part 52. The NRC’s Office of New Reactors and specified issue finality provisions. The Office of Nuclear Reactor Regulation are The NRC’s position is based upon the following considerations: NRC staff does not at this time intend revising SRP Section 18.0, ‘‘Human to impose the positions represented in Factors Engineering’’ from the current 1. The draft SRP positions, if finalized, would not constitute the draft SRP (if finalized) in a manner Revision 2. Details of specific proposed that is inconsistent with any issue changes are included at the end of the backfitting, inasmuch as the SRP is finality provisions. revised section. The changes to this SRP internal guidance to NRC staff. section reflect current staff reviews, The SRP provides internal guidance Dated at Rockville, Maryland, this 30th day methods and practices based on lessons to the NRC staff on how to review an of July, 2015. learned from NRC reviews of design application for NRC’s regulatory For the Nuclear Regulatory Commission. certification and combined license approval in the form of licensing. Joseph Colaccino, applications completed since the last Changes in internal staff guidance are not matters for which either nuclear Chief, New Reactor Rulemaking and revision of this section. The changes Guidance Branch, Division of Advanced also reflect updated regulatory guidance power plant applicants or licensees are Reactors and Rulemaking, Office of New contained in NUREG–0711, ‘‘Human protected under either the Backfit Rule Reactors. or the issue finality provisions of 10 Factors Engineering Program Review [FR Doc. 2015–19585 Filed 8–7–15; 8:45 am] Model,’’ (ADAMS Accession No. CFR part 52. BILLING CODE 7590–01–P ML12324A013). 2. The NRC staff has no intention to Changes to SRP Chapter 18 include: impose the SRP positions on existing (1) Relocating to NUREG–0711 details nuclear power plant licensees or regarding review of new applications regulatory approvals either now or in and amendments to existing licenses, the future (absent a voluntary request (2) providing additional discussion and for change from the licensee, holder of

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NUCLEAR REGULATORY INFORMATION CONTACT section of this Utilization Facilities.’’ The NRC COMMISSION document. regulations concerning EP do not • NRC’s Agencywide Documents recognize the reduced risks after a [Docket No. 50–271; NRC–2015–0111] Access and Management System reactor is permanently shut down and Entergy Nuclear Operations, Inc.; (ADAMS): You may obtain publicly- defueled. As such, a permanently Vermont Yankee Nuclear Power available documents online in the shutdown and defueled reactor, such as Station ADAMS Public Documents collection at VY, must continue to maintain the same http://www.nrc.gov/reading-rm/ EP requirements as an operating power AGENCY: Nuclear Regulatory adams.html. To begin the search, select reactor under the existing regulatory Commission. ‘‘ADAMS Public Documents’’ and then requirements. To establish a level of EP ACTION: Environmental assessment and select ‘‘Begin Web-based ADAMS commensurate with the reduced risks of finding of no significant impact; Search.’’ For problems with ADAMS, a permanently shutdown and defueled issuance. please contact the NRC’s Public reactor, Entergy requires exemptions Document Room (PDR) reference staff at from certain EP regulatory requirements SUMMARY: The U.S. Nuclear Regulatory 1–800–397–4209, 301–415–4737, or by before it can change its emergency Commission (NRC) is considering email to [email protected]. For the plans. issuance of exemptions in response to a convenience of the reader, the ADAMS The NRC is considering issuing request from Entergy Nuclear accession numbers are provided in a exemptions from portions of 10 CFR Operations, Inc. (Entergy or the table in the ‘‘Availability of Documents’’ 50.47, ‘‘Emergency plans,’’ and 10 CFR licensee) that would permit the licensee section of this document. part 50, appendix E, ‘‘Emergency to reduce its emergency planning (EP) • NRC’s PDR: You may examine and Planning and Preparedness for activities at the Vermont Yankee purchase copies of public documents at Production and Utilization Facilities,’’ Nuclear Power Station (Vermont Yankee the NRC’s PDR, Room O1–F21, One to Entergy, which would eliminate the or VY). The licensee is seeking White Flint North, 11555 Rockville requirements for Entergy to maintain exemptions that would eliminate the Pike, Rockville, Maryland 20852. offsite radiological emergency plans and requirements for the licensee to FOR FURTHER INFORMATION CONTACT: reduce some of the onsite EP activities, maintain formal offsite radiological James Kim, Office of Nuclear Reactor based on the reduced risks at VY, due emergency plans, and reduce some of Regulation, U.S. Nuclear Regulatory to its permanently shutdown and the onsite EP activities, based on the Commission, Washington, DC 20555– defueled status. According to the reduced risks at VY, which is 0001; telephone: 301–415–4125; email: decision of the United States Court of permanently shutdown and defueled. [email protected]. Appeals for the Second Circuit in However, requirements for certain SUPPLEMENTARY INFORMATION: Brodsky v. NRC associated with a fire onsite capabilities to communicate and protection exemption for Indian Point coordinate with offsite response I. Introduction Nuclear Generating Unit No. 3, and authorities, in the event of an Vermont Yankee is a permanently demonstrated public interest in this emergency at VY, would be retained. In shutdown and defueled nuclear power exemption request, particularly by the addition, offsite EP provisions would plant that is in the process of State of Vermont, on April 30, 2015 (80 still exist through State and local decommissioning, and is located in FR 24291), the NRC published a Federal government use of a comprehensive Windham County, Vermont, 5 miles Register notice seeking public comment, emergency management plan (CEMP) south of Brattleboro, Vermont. Entergy pursuant to 10 CFR 51.33, on a draft EA process in accordance with the Federal is the holder of the Renewed Facility and FONSI associated with Entergy’s Emergency Management Agency’s Operating License No. DPR–28 for VY. exemption request. Based on the final (FEMA’s) Comprehensive Preparedness Vermont Yankee has been shut down EA and the NRC staff’s responses to the Guide (CPG) 101, ‘‘Developing and since December 29, 2014, and the final comments received on the draft EA, the Maintaining Emergency Operations removal of fuel from the VY reactor NRC has determined not to prepare an Plans.’’ The NRC staff is issuing a final vessel was completed on January 12, environmental impact statement for the environmental assessment (EA) and 2015. By letter dated January 12, 2015, exemption request and is issuing a final finding of no significant impact Entergy submitted to the NRC a FONSI. (FONSI) associated with the proposed certification of the permanent cessation exemptions. II. Environmental Assessment of power operations at VY and the DATES: The EA and FONSI referenced in permanent removal of fuel from the VY Description of the Proposed Action this document are available on August reactor vessel. As a permanently The proposed action would exempt 10, 2015. shutdown and defueled facility, and Entergy from meeting certain ADDRESSES: Please refer to Docket ID pursuant to section 50.82(a)(2) of Title requirements set forth in 10 CFR 50.47 NRC–2015–0111 when contacting the 10 of the Code of Federal Regulations and appendix E to 10 CFR part 50. More NRC about the availability of (10 CFR), VY is no longer authorized to specifically, Entergy requested information regarding this document. be operated or to have fuel placed into exemptions from: (1) Certain You may obtain publicly-available its reactor vessel, but the licensee is still requirements in 10 CFR 50.47(b) information related to this document authorized to possess and store regarding onsite and offsite emergency using any of the following methods: irradiated nuclear fuel. Irradiated response plans for nuclear power • Federal Rulemaking Web site: Go to nuclear fuel is currently stored onsite at reactors; (2) certain requirements in 10 http://www.regulations.gov and search VY in a spent fuel pool (SFP) and in an CFR 50.47(c)(2) to establish plume for Docket ID NRC–2015–0111. Address independent spent fuel storage exposure and ingestion pathway EP questions about NRC dockets to Carol installation. zones for nuclear power reactors; and Gallagher; telephone: 301–415–3463; The licensee has requested (3) certain requirements in 10 CFR part email: [email protected]. For exemptions for VY from certain EP 50, appendix E, section IV, which technical questions, contact the requirements in 10 CFR part 50, establishes the elements that make up individual listed in the FOR FURTHER ‘‘Domestic Licensing of Production and the content of emergency plans. The

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proposed action of granting these accidents associated with reactor Environmental Impacts of the Proposed exemptions would eliminate the operation is no longer credible. Action requirements for Entergy to maintain In its exemption request, the licensee The NRC staff concludes that the formal offsite radiological emergency identified four possible radiological exemptions, if granted, would not plans, as described in 44 CFR part 350, accidents at VY in its permanently significantly increase the probability or and reduce some of the onsite EP shutdown and defueled condition. consequences of accidents at VY in its activities at VY, based on the reduced permanently shutdown and defueled risks at the permanently shutdown and These are: (1) A fuel handling accident (FHA); (2) a radioactive waste handling condition. There would be no defueled reactor. However, significant change in the types of any requirements for certain onsite accident; (3) a loss of SFP normal cooling (i.e., boil off); and (4) an effluents that may be released offsite. capabilities to communicate and There would be no significant increase adiabatic heat up of the hottest fuel coordinate with offsite response in the amounts of any effluents that may assembly. The NRC staff evaluated these authorities, in the event of an be released offsite. There would be no emergency at VY, would be retained. possible radiological accidents, as significant increase in individual or Additionally, if necessary, offsite memorialized in the Commission Paper cumulative occupational or public protective actions could still be (SECY) 14–0125, ‘‘Request by Entergy radiation exposure. Therefore, there are implemented using a CEMP process. A Nuclear Operations, Inc., for no significant radiological CEMP in this context, also referred to as Exemptions from Certain Emergency environmental impacts associated with an emergency operations plan (EOP), is Planning Requirements,’’ dated the proposed action. addressed in FEMA’s CPG 101. The CPG November 14, 2014. In SECY–14–0125, With regard to potential non- 101 is the foundation for State, the NRC staff stated that it had verified radiological impacts, the proposed territorial, Tribal, and local EP in the that Entergy’s analyses and calculations action does not have any foreseeable United States. It promotes a common provided reasonable assurance that if impacts to land, air, or water resources, understanding of the fundamentals of the requested exemptions were granted, including impacts to biota. In addition, risk-informed planning and decision then: (1) For a design-basis accident there are no known socioeconomic or making, and helps planners at all levels (DBA), an offsite radiological release environmental justice impacts of government in their efforts to develop will not exceed the U.S. Environmental associated with the proposed action. and maintain viable, all-hazards, all- Therefore, there are no significant non- threats emergency plans. An EOP is Protection Agency’s (EPA) Protective Action Guides (PAGs) at the exclusion radiological environmental impacts flexible enough for use in all associated with the proposed action. emergencies. It describes how people area boundary, as detailed in the EPA ‘‘PAG Manual, Protective Action Guides Accordingly, the NRC concludes that and property will be protected; details there are no significant environmental and Planning Guidance for Radiological regarding who is responsible for impacts associated with the proposed Incidents,’’ dated March 2013, which carrying out specific actions; identifies action. the personnel, equipment, facilities, was issued as Draft for Interim Use and supplies, and other resources available; Public Comment; and (2) in the unlikely Environmental Impacts of the and outlines the process by which all event of a beyond DBA, resulting in a Alternatives to the Proposed Action actions will be coordinated. A CEMP is loss of all SFP cooling, there is As an alternative to the proposed often referred to as a synonym for ‘‘all- sufficient time to initiate appropriate action, the NRC staff considered the hazards’’ planning. mitigating actions on site and, if a denial of the proposed action (i.e., the The proposed action is in accordance release is projected to occur, there is ‘‘no-action’’ alternative). The denial of with the licensee’s application dated sufficient time for offsite agencies to the proposed action would not result in March 14, 2014, as supplemented by take protective actions using a CEMP to a change to the current environmental letters dated August 29, 2014, and protect the public health and safety. The impacts. Therefore, the environmental October 21, 2014. In its letters dated Commission approved the NRC staff’s impacts of the proposed action and the August 29, 2014, and October 21, 2014, recommendation to grant the alternative action are similar. Entergy provided responses to the NRC staff’s requests for additional exemptions, based on this evaluation in Alternative Use of Resources its Staff Requirements Memorandum information concerning the proposed The proposed action does not involve (SRM) to SECY–14–0125, dated March exemptions. the use of any different resources than 2, 2015. Need for the Proposed Action those previously considered in the Final Based on these analyses, the licensee Environmental Statement for VY, dated The proposed action is needed for states that complete application of the July 1972, as supplemented by NUREG– Entergy to revise the VY emergency plan EP rule to VY, in its particular 1437, Supplement 30, ‘‘Generic to reflect the permanently shutdown circumstances as a permanently Environmental Impact Statement for and defueled status of the facility. The shutdown and defueled reactor, would License Renewal of Nuclear Plants EP requirements currently applicable to not serve the underlying purpose of the Regarding Vermont Yankee Nuclear VY are for an operating power reactor. rule or is not necessary to achieve the Power Station,’’ Volumes 1 and 2, There are no explicit regulatory underlying purpose of the rule. Entergy published in August 2007. provisions distinguishing EP requirements for a power reactor that also states that it would incur undue Agencies or Persons Consulted costs in the application of operating has been permanently shut down, from Development of this EA and FONSI plant EP requirements for the those for an operating power reactor. did not result in consultation. Therefore, since the 10 CFR part 50 maintenance of an emergency response license for VY no longer authorizes organization in excess of that actually Discussion of Comments operation of the reactor or emplacement needed to respond to the diminished At the conclusion of the draft EA and or retention of fuel into the reactor scope of credible accidents for a FONSI comment period on June 1, 2015, vessel, as specified in 10 CFR permanently shutdown and defueled the NRC received four submissions 50.82(a)(2), the occurrence of postulated reactor. containing comments from interested

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members of the public and from the appendix E. Therefore, on November 14, consequences of accidents at VY, would State of Vermont. Full text versions of 2014, the NRC staff sought Commission not significantly change the types or the comments can be viewed at http:// approval with SECY–14–0125 ‘‘for the increase the amounts of any effluents www.regulations.gov, by searching for staff to process and grant, as that may be released offsite, and would Docket NRC–2015–0111 and selecting appropriate’’ the exemption request. In not significantly increase individual or ‘‘Open Docket Folder,’’ or at ADAMS SECY–14–0125, the NRC staff also cumulative occupational radiation Accession Nos. ML15138A094, explained that it had reviewed Entergy’s exposure. Therefore, the NRC staff ML15159A183, ML15159A184, and site-specific analyses and calculations concluded that granting the exemption ML15159A185, respectively. and stated that these analyses provide request would not have a significant Each comment was carefully reviewed reasonable assurance that in granting effect on the quality of the human by the NRC staff. Although most of the the exemption request: 1) An offsite environment. The NRC staff based this comments were outside the scope of the radiological release will not exceed the finding on the permanently shutdown draft EA and FONSI, which deal strictly EPA PAGs at the site boundary for a and defueled status of VY, combined with the environmental impacts of DBA and 2) in the unlikely event of a with the long history of technical granting the exemption request, the NRC beyond DBA resulting in a loss of all studies demonstrating that the risk for has responded fully to the comments, as SFP cooling, there is sufficient time to such facilities is very low, and the staff’s shown below. initiate appropriate mitigating actions verification that Entergy’s site-specific State of Vermont Comments and, if a release is projected to occur, analyses provided reasonable assurance there is sufficient time for offsite that, even with the granting of the The State of Vermont’s comments agencies to take protective actions using exemption request, a DBA will not consisted of two arguments: (1) That the a CEMP to protect the health and safety exceed the EPA PAGs at the exclusion NRC did not comply with the National of the public. In response, on March 2, area boundary and a beyond-DBA will Environmental Policy Act (NEPA), by 2015, the Commission ‘‘approved the move slowly enough that appropriate publishing the draft EA after the staff’s recommendation to grant’’ the onsite mitigating actions may be Commission had approved the staff’s exemption request ‘‘to be implemented initiated and, if a release is projected to recommendation to grant the exemption as stipulated in SECY–14–0125.’’ Thus, occur, offsite agencies would take request and (2) that the draft EA and the NRC staff then proceeded to process protective actions using a CEMP to FONSI are deficient and inadequate the exemption request by, in part, protect the public health and safety. because they do not take a hard look at conducting an EA of the exemption Consequently, Vermont’s argument that all the potential environmental impacts request, the draft of which was the EA is deficient and inadequate is of the proposed action, which Vermont published for public comment on April without merit. asserts could be significant and, thus, require evaluation through an 30, 2015. The NRC has now completed The NRC staff also disagrees with environmental impact statement. The its final EA and FONSI, but has still yet each of Vermont’s specific arguments as NRC staff does not agree with these to approve or deny the exemption to why it believes that the EA is comments. As an initial matter, the request. The fact that the Commission inadequate. Vermont asserts that the comments are outside the scope of the had approved an NRC staff granting of the exemption request would comment opportunity because they do recommendation to grant the exemption have ‘‘direct and significant not have to do with the environmental request does not compel the NRC staff implications for public health and impacts of granting Entergy’s exemption to grant the exemption request. safety,’’ but the EA explicitly found that request, but are instead procedural and Therefore, any future approval or denial granting the exemption request would substantive challenges under NEPA, to of the exemption request will have not have a significant effect on the an NRC granting of the exemption necessarily come only after the NRC had quality of the human environment. request that has not yet occurred. considered the potential environmental Vermont asserts that the situation is Additionally, both arguments are impacts of the proposed exemption unique because there is an elementary without merit. request, as well as, the public’s and the school directly across the street from The Vermont argument that the NRC State of Vermont’s comments on these VY, but this fact is immaterial because is not procedurally in compliance with potential environmental impacts. the NRC staff found that Entergy had NEPA is without merit because, Consequently, Vermont’s argument that provided reasonable assurance that a consistent with 10 CFR 51.21, the NRC the NRC has approved the exemption DBA would not result in radiation conducted the EA for the exemption request before taking a hard look at its exposure greater than or equal to 1 rem request before making any final decision potential environmental impacts in at the VY boundary and that any on the exemption request. The NRC contravention of NEPA is without merit. beyond-DBA could be addressed in a received the exemption request on The Vermont argument that the NRC timely manner. Vermont asserts that the March 14, 2014. The exemption request is not substantively in compliance with EA fails to give any consideration to seeks exemptions from 10 CFR 50.47(b), NEPA is without merit because, high-burnup fuel in the SFP, but the 10 CFR 50.47(c)(2), and 10 CFR part 50, consistent with 10 CFR 51.30, the EA exemption request’s DBA analysis, as appendix E. The Commission has identifies the proposed action and demonstrated in its reference 6 at previously directed, in SRM to SECY– includes a brief discussion of: The need attachment 4, table 3–2, did indeed 08–0024, ‘‘Delegation of Commission for the proposed action; the alternatives consider high-burnup fuel. Vermont Authority to Staff to Approve or Deny to the proposed action; the asserts that the use of an EA is Emergency Plan Changes that Represent environmental impacts of the proposed insufficient because Vermont opposes a Decrease in Effectiveness,’’ dated May action and alternatives; and a list of the exemption request as do a number 19, 2008, that the NRC staff should agencies and persons consulted and of Vermont citizens, but this does not request Commission approval for any identification of sources used. With impact the staff’s determination that the reduction in the effectiveness of a respect to environmental impacts, the proposed action will not have a licensee’s emergency plan that requires NRC staff found that the exemption significant effect on the quality of the an exemption from the requirements of request, if granted, would not human environment. Vermont asserts 10 CFR 50.47(b) and 10 CFR part 50, significantly increase the probability or that the risks resulting from any

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granting of the exemption request are Consequently, the NRC staff disagrees emergency plans, as described in 44 uncertain, but technical studies with all of Vermont’s comments. CFR part 350, and reduce some of the spanning from 1975 to 2014 have, in onsite EP activities at VY, based on the Public Comments fact, demonstrated the risks of storing reduced risks at the permanently spent fuel in SFPs to be very low. In addition to the Vermont comments, shutdown and defueled reactor. Vermont asserts that precedent advises the NRC received three sets of public However, requirements for certain against the granting of the exemption comments on the draft EA. These public onsite capabilities to communicate and request, but similar exemption requests comments raised substantively similar coordinate with offsite response have been granted for eight previous issues as the Vermont comments and, authorities following declaration of an facilities. Vermont asserts that granting thus, the NRC staff disagrees with them emergency at VY will be retained and the exemption request means that State for the same reasons that it disagrees offsite ‘‘all hazards’’ EP provisions will and local officials may no longer receive with the Vermont comments, as still exist through State and local training regarding radiological addressed above. government use of a CEMP. incidents, but does not address III. Finding of No Significant Impact Consistent with 10 CFR 51.21, the Entergy’s continuing obligation, per 10 NRC conducted the EA for the proposed CFR part 50, appendix E.IV.F.1, to make The licensee has proposed radiological orientation training exemptions from: (1) Certain action, which is included in Section II available to local emergency services requirements in 10 CFR 50.47(b) of this document, and incorporated by and law enforcement, or, per 10 CFR regarding onsite and offsite emergency reference in this finding. On the basis of 50.47(b)(15), to make radiological response plans for nuclear power this EA, the NRC concludes that the emergency response training available reactors; (2) Certain requirements in 10 proposed action will not have a to those called on to assist in an CFR 50.47(c)(2) to establish plume significant effect on the quality of the emergency. Finally, Vermont asserts exposure and ingestion pathway EP human environment. Accordingly, the that the potential environmental zones for nuclear power reactors; and NRC has decided not to prepare an impacts from the exemption request (3) certain requirements in 10 CFR part environmental impact statement for the should be analyzed in conjunction with 50, appendix E, section IV, which proposed action. a prior Entergy termination of the establishes the elements that make up IV. Availability of Documents Emergency Response Data System at the content of emergency plans. The VY, but this earlier action was taken by proposed action of granting these The documents identified in the Entergy, consistent with the exemptions would eliminate the following table are available to Commission’s regulations and, thus, did requirements for the licensee to interested persons through one or more not require an environmental review. maintain formal offsite radiological of the following methods, as indicated.

Document ADAMS Accession No./Web link

Developing and Maintaining Emergency Operations Plans, Comprehen- http://www.fema.gov/pdf/about/divisions/npd/CPG_101_V2.pdf sive Preparedness Guide (CPG) 101, Version 2.0, November 2010. Docket No. 50–271, Request for Exemptions from Portions of 10 CFR ADAMS Accession No. ML14080A141 50.47 and 10 CFR Part 50, Appendix E, Vermont Yankee Nuclear Power Station, March 14, 2014. Docket No. 50–271, Request for Exemptions from Portions of 10 CFR ADAMS Accession No. ML14246A176 50.47 and 10 CFR Part 50, Appendix E—Supplement 1, Vermont Yankee Nuclear Power Station, August 29, 2014. Docket No. 50–271, Request for Exemptions from Portions of 10 CFR ADAMS Accession No. ML14297A159 50.47 and 10 CFR Part 50, Appendix E—Supplement 2, Vermont Yankee Nuclear Power Station, October 21, 2014. Protective Action Guides and Planning Guidance for Radiological Inci- http://www.epa.gov/radiation/docs/er/pag-manual-interim-public-com- dents, U.S. Environmental Protection Agency Draft for Interim Use ment-4-2-2013.pdf and Public Comment, March 2013. SECY–14–0125, ‘‘Request by Entergy Nuclear Operations, Inc., for Ex- ADAMS Accession No. ML14227A711 emptions from Certain Emergency Planning Requirements,’’ Novem- ber 14, 2014. Staff Requirements Memorandum to SECY–14–0125, ‘‘Request by ADAMS Accession No. ML15061A516 Entergy Nuclear Operations, Inc., for Exemptions from Certain Emer- gency Planning Requirements,’’ March 2, 2015. Staff Requirements Memorandum to SECY–08–0024, ‘‘Delegation of ADAMS Accession No. ML081400510 Commission Authority to Staff to Approve or Deny Emergency Plan Changes that Represent a Decrease in Effectiveness,’’ May 19, 2008. NUREG–1437, Supplement 30, ‘‘Generic Environmental Impact State- ADAMS Accession No. ML071840398 ment for License Renewal of Nuclear Plants Regarding Vermont Yankee Nuclear Power Station,’’ August 2007. State of Vermont Comments ...... ADAMS Accession No. ML15159A183 Public Comments...... ADAMS Accession Nos. ML15138A094, ML15159A184, and ML15159A185

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Dated at Rockville, Maryland, this 31 day seal. The Postal Service seeks to SECURITIES AND EXCHANGE of July, 2015. incorporate by reference the Application COMMISSION For the Nuclear Regulatory Commission. for Non-Public Treatment originally A. Louise Lund, [Release No. 34–75594; File No. SR–EDGX– filed in this docket for the protection of 2015–35] Acting Director, Division of Operating Reactor information that it has filed under seal. Licensing, Office of Nuclear Reactor Id. Self-Regulatory Organizations; EDGX Regulation. Exchange, Inc.; Notice of Filing and [FR Doc. 2015–19587 Filed 8–7–15; 8:45 am] Amendment 2 revises section I of the contract by inserting in section I, Terms, Immediate Effectiveness of a Proposed BILLING CODE 7590–01–P Rule Change Related to Fees for Use new sections I.F and I.G, and replacing of EDGX Exchange, Inc. section II, Annual Adjustment, in its POSTAL REGULATORY COMMISSION entirety. Id. Attachment A at 1. August 4, 2015 Pursuant to Section 19(b)(1) of the [Docket No. CP2013–44; Order No. 2635] The Postal Service intends for Amendment 2 to become effective one Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 New Postal Product business day after the date that the Commission issues all necessary notice is hereby given that on July 28, 2015, EDGX Exchange, Inc. (the AGENCY: Postal Regulatory Commission. regulatory approval. Id. The Postal ‘‘Exchange’’ or ‘‘EDGX’’) filed with the ACTION: Notice. Service asserts that the Amendment will Securities and Exchange Commission not impair the ability of the contract to SUMMARY: The Commission is noticing a (‘‘Commission’’) the proposed rule recent Postal Service filing concerning comply with 39 U.S.C. 3633(a). Notice, change as described in Items I, II and III an amendment to Priority Mail Express Attachment B. below, which Items have been prepared & Priority Mail Contract 12 negotiated II. Notice of Filings by the Exchange. The Exchange has service agreement. This notice informs designated the proposed rule change as the public of the filing, invites public The Commission invites comments on one establishing or changing a member comment, and takes other whether the changes presented in the due, fee, or other charge imposed by the administrative steps. Postal Service’s Notice are consistent Exchange under Section 19(b)(3)(A)(ii) 3 DATES: Comments are due: August 11, with the policies of 39 U.S.C. 3632, of the Act and Rule 19b–4(f)(2) 4 2015. 3633, or 3642, 39 CFR 3015.5, and 39 thereunder, which renders the CFR part 3020, subpart B. Comments are proposed rule change effective upon ADDRESSES: Submit comments due no later than August 11, 2015. The filing with the Commission. The electronically via the Commission’s Commission is publishing this notice to Filing Online system at http:// public portions of these filings can be accessed via the Commission’s Web site solicit comments on the proposed rule www.prc.gov. Those who cannot submit change from interested persons. comments electronically should contact (http://www.prc.gov). the person identified in the FOR FURTHER The Commission appoints Lyudmila I. Self-Regulatory Organization’s INFORMATION CONTACT section by Y. Bzhilyanskaya to represent the Statement of the Terms of Substance of telephone for advice on filing interests of the general public (Public the Proposed Rule Change alternatives. Representative) in this docket. The Exchange filed a proposal to FOR FURTHER INFORMATION CONTACT: amend its schedule of fees and rebates III. Ordering Paragraphs 5 David A. Trissell, General Counsel, at applicable to Members and non- 202–789–6820. It is ordered: Members of the Exchange pursuant to EDGX Rule 15.1(a) and (c) (‘‘Fee SUPPLEMENTARY INFORMATION: 1. The Commission reopens Docket Schedule’’) to remove fee code 5, which Table of Contents No. CP2013–44 for consideration of is appended to trades that inadvertently matters raised by the Postal Service’s match against each other and share the I. Introduction Notice. II. Notice of Commission Action same Market Participant Identifier III. Ordering Paragraphs 2. Pursuant to 39 U.S.C. 505, the (‘‘MPID’’) (‘‘Internalized Trade’’) during Commission appoints Lyudmila Y. the Pre-Opening 6 and Post-Closing I. Introduction Bzhilyanskaya to serve as an officer of Sessions.7 the Commission (Public Representative) The text of the proposed rule change On July 31, 2015, the Postal Service is available at the Exchange’s Web site filed notice that it has agreed to an to represent the interests of the general public in this proceeding. at www.batstrading.com, at the Amendment to the existing Priority Mail principal office of the Exchange, and at Express & Priority Mail Contract 12 3. Comments are due no later than the Commission’s Public Reference negotiated service agreement approved August 11, 2015. Room. in this docket.1 In support of its Notice, 4. The Secretary shall arrange for the Postal Service includes a redacted publication of this order in the Federal 1 15 U.S.C. 78s(b)(1). copy of Amendment 2 and a 2 Register. 17 CFR 240.19b–4. certification of compliance with 39 3 15 U.S.C. 78s(b)(3)(A)(ii). U.S.C. 3633(a), as required by 39 CFR By the Commission. 4 17 CFR 240.19b–4(f)(2). 3015.5. Notice at 1. Ruth Ann Abrams, 5 The term ‘‘Member’’ is defined as ‘‘any registered broker or dealer that has been admitted The Postal Service also filed the Acting Secretary. unredacted Amendment 2 and to membership in the Exchange.’’ See Exchange [FR Doc. 2015–19531 Filed 8–7–15; 8:45 am] Rule 1.5(n). supporting financial information under 6 The ‘‘Pre-Opening Session’’ is defined as ‘‘the BILLING CODE 7710–FW–P time between 8:00 a.m. and 9:30 a.m. Eastern 1 Notice of United States Postal Service of Change Time.’’ See Exchange Rule 1.5(r). in Prices Pursuant to Amendment to Priority Mail 7 The ‘‘Post-Closing Session’’ is defined as ‘‘the Express & Priority Mail Contract 12, July 31, 2015 time between 4:00 p.m. and 8:00 p.m. Eastern (Notice). Time.’’ See Exchange Rule 1.5(s).

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II. Self-Regulatory Organization’s satisfied a certain tier. The Exchange are the same as those fees charged for Statement of the Purpose of, and proposes to delete footnote 10 as it will orders that yielded fee code 5. Statutory Basis for, the Proposed Rule no longer be necessary once fee code 5 (C) Self-Regulatory Organization’s Change is deleted. Statement on Comments on the In its filing with the Commission, the Implementation Date Proposed Rule Change Received From Exchange included statements The Exchange proposes to implement Members, Participants or Others concerning the purpose of and basis for these amendments to its Fee Schedule The Exchange has not solicited, and the proposed rule change and discussed on August 3, 2015. does not intend to solicit, comments on any comments it received on the this proposed rule change. The proposed rule change. The text of these 2. Statutory Basis Exchange has not received any statements may be examined at the The Exchange believes that the unsolicited written comments from places specified in Item IV below. The proposed rule change is consistent with Members or other interested parties. Exchange has prepared summaries, set the objectives of Section 6 of the Act,9 forth in Sections A, B, and C below, of in general, and furthers the objectives of III. Date of Effectiveness of the the most significant parts of such Section 6(b)(4),10 in particular, as it is Proposed Rule Change and Timing for statements. designed to provide for the equitable Commission Action (A) Self-Regulatory Organization’s allocation of reasonable dues, fees and The foregoing rule change has become Statement of the Purpose of, and other charges among its Members and effective pursuant to Section 19(b)(3)(A) Statutory Basis for, the Proposed Rule other persons using its facilities. of the Act 12 and paragraph (f) of Rule Change Specifically, the Exchange believes it is 19b–4 thereunder.13 At any time within equitable, reasonable and non- 60 days of the filing of the proposed rule 1. Purpose discriminatory to delete fee code 5 change, the Commission summarily may The Exchange proposes to amend its because, going forward, fee codes EA temporarily suspend such rule change if Fee Schedule to remove fee code 5, and ER will be applied to the applicable it appears to the Commission that such which is appended to Internalized side of an Internalized Trade. The action is necessary or appropriate in the Trade that add or remove liquidity proposed deletion of fee code 5 does not public interest, for the protection of during the Pre-Opening and Post- amend the fees charged for Internalized investors, or otherwise in furtherance of Closing Sessions. Orders that yield fee Trades. Members would continue to be the purposes of the Act. code 5 are changed [sic] a fee of charged identical fees for Internalized IV. Solicitation of Comments $0.00045 per share in securities priced Trades occurring during the Pre- at or above $1.00 and 0.15% of the Opening and Post-Closing sessions as Interested persons are invited to dollar value of the trade in securities the fees charged for fee codes EA and ER submit written data, views, and priced below $1.00. During Regular are the same as fee code 5. The charge arguments concerning the foregoing, Trading Hours,8 fee code EA is for Members inadvertently matching including whether the proposed rule appended to side of an Internalized with themselves will continue to be no change is consistent with the Act. Trade that adds liquidity, while fee code more favorable than the Exchange’s Comments may be submitted by any of ER is appended to the side of an maker/taker spread enabling the the following methods: Internalized Trade that removes Exchange to continue to discourage 11 Electronic Comments liquidity. Going forward, fee codes EA potential wash sales. In addition, the • or ER will also be appended to Exchange believes it is equitable and Use the Commission’s Internet Internalized Trades during the Pre- reasonable to remove a reference to fee comment form (http://www.sec.gov/ code 5 in footnote 7 and delete footnote rules/sro.shtml); or Opening and Post-Closing Sessions. • Like fee code 5, orders that yield fee 10 as they are no longer necessary in Send an email to rule-comments@ codes EA or ER are charged a fee of light of the deletion of fee code 5 from sec.gov. Please include File Number SR– $0.00045 per share in securities priced the Exchange’s Fee Schedule. Lastly, the EDGX–2015–35 on the subject line. Exchange also believes that the at or above $1.00 and 0.15% of the Paper Comments dollar value of the trade in securities proposed amendment is non- • Send paper comments in triplicate priced below $1.00. discriminatory because it applies As a result of the proposed removal of uniformly to all Members. to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street fee code 5, the Exchange also proposes (B) Self-Regulatory Organization’s NE., Washington, DC 20549–1090. to: (i) remove reference to fee code 5 Statement on Burden on Competition from footnote 7 and; (ii) delete footnote All submissions should refer to File The Exchange does not believe that Number SR–EDGX–2015–35. This file 10. Under footnote 7, if a Member adds the proposed rule change will impose an ADV of at least 10,000,000 shares, number should be included on the any burden on competition. The subject line if email is used. To help the then the Member’s rate for fee codes 5, proposed changes do not amend the EA, or ER decreases to $0.0001 per share Commission process and review your amount or application of any fee or comments more efficiently, please use per side. Fee codes EA and ER would rebate. Members would continue to be continue to remain eligible for the only one method. The Commission will charged identical fees for Internalized post all comments on the Commission’s reduced fee under footnote 7. Footnote Trades occurring during the Pre- 10 states that a Member’s monthly Internet Web site (http://www.sec.gov/ Opening and Post-Closing sessions as rules/sro.shtml). Copies of the volume attributed to fee code 5 will be the fees charged for fee codes EA and ER allocated accordingly between the submission, all subsequent added fee codes and removal fee codes amendments, all written statements 9 15 U.S.C. 78f. with respect to the proposed rule when determining whether that Member 10 15 U.S.C. 78f(b)(4). change that are filed with the 11 The Exchange will continue to ensure that the 8 The ‘‘Regular Trading Hours’’ is defined as ‘‘the fees applicable to Internalized Trades are no more time between 9:30 a.m. and 4:00 p.m. Eastern favorable than the Exchange’s prevailing maker/ 12 15 U.S.C. 78s(b)(3)(A). Time.’’ See Exchange Rule 1.5(y). taker spread. 13 17 CFR 240.19b–4(f).

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Commission, and all written proposed rule change effective upon Hours,6 fee code EA is appended to side communications relating to the filing with the Commission. The of an Internalized Trade that adds proposed rule change between the Commission is publishing this notice to liquidity while fee code ER is appended Commission and any person, other than solicit comments on the proposed rule to the side of an Internalized Trade that those that may be withheld from the change from interested persons. removes liquidity. Fee code 5 is public in accordance with the appended to Internalized Trades that I. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be add or remove liquidity during the Pre- Statement of the Terms of Substance of available for Web site viewing and Opening 7 and Post-Closing Sessions.8 the Proposed Rule Change printing in the Commission’s Public Orders that yield fee codes 5, EA, or ER Reference Room, 100 F Street NE., The Exchange filed a proposal to are charged a fee of $0.00015 per share Washington, DC 20549, on official amend its fees and rebates applicable to in securities priced at or above $1.00 business days between the hours of Members 5 of the Exchange pursuant to and are charged no fee in securities 10:00 a.m. and 3:00 p.m. Copies of the EDGA Rule 15.1(a) and (c) (‘‘Fee priced below $1.00. Going forward, each filing will also be available for Schedule’’) to: (i) To remove fee codes side of an Internalized Trade will be inspection and copying at the principal 5, EA, and ER which are appended to subject to the Exchange’s standard fees office of the Exchange. All comments trades that inadvertently match against or rebates. Under the Exchange’s received will be posted without change; each other and share the same Market standard rates, a rebate of $0.0002 per the Commission does not edit personal Participant Identifier (‘‘MPID’’) share is provided to orders that remove identifying information from (‘‘Internalized Trade’’); and (ii) amend liquidity in securities priced at or above submissions. You should submit only the criteria for the MidPoint $1.00. For orders that add liquidity, a information that you wish to make Discretionary Order Add Volume Tier. charge of $0.0005 per share is applied available publicly. All submissions The text of the proposed rule change for orders in securities priced at or should refer to File Number SR–EDGX– is available at the Exchange’s Web site above $1.00, unless the Member 2015–35 and should be submitted on or at www.batstrading.com, at the qualifies for a decreased fee. Orders in before August 31, 2015. principal office of the Exchange, and at securities priced below $1.00 are free, the Commission’s Public Reference For the Commission, by the Division of regardless of whether they add or Trading and Markets, pursuant to delegated Room. remove liquidity. authority.14 II. Self-Regulatory Organization’s The Exchange also proposes to delete Robert W. Errett, Statement of the Purpose of, and footnote 13, which states that a Deputy Secretary. Statutory Basis for, the Proposed Rule Member’s monthly volume attributed to fee code 5 will be allocated accordingly [FR Doc. 2015–19535 Filed 8–7–15; 8:45 am] Change between the added fee codes and BILLING CODE 8011–01–P In its filing with the Commission, the removal fee codes when determining Exchange included statements whether that Member satisfied a certain concerning the purpose of and basis for SECURITIES AND EXCHANGE tier. The Exchange proposes to delete the proposed rule change and discussed COMMISSION footnote 13 as it will no longer be any comments it received on the necessary once fee code 5 is deleted. [Release No. 34–75593; File No. SR–EDGA– proposed rule change. The text of these 2015–29] statements may be examined at the MidPoint Discretionary Order Add places specified in Item IV below. The Volume Tier Self-Regulatory Organizations; EDGA Exchange has prepared summaries, set The Exchange proposes to amend the Exchange, Inc.; Notice of Filing and forth in Sections A, B, and C below, of criteria for the MidPoint Discretionary Immediate Effectiveness of a Proposed the most significant parts of such Order Add Volume Tier. Under the tier, Rule Change Related to Fees for Use statements. a Member qualifies for a reduced fee of of EDGA Exchange, Inc. $0.0003 per share where that Member: (A) Self-Regulatory Organization’s (i) Adds an ADV of at least 0.20% of the August 4, 2015. Statement of the Purpose of, and Pursuant to Section 19(b)(1) of the TCV including non-displayed orders Statutory Basis for, the Proposed Rule that add liquidity; and (ii) adds or Securities Exchange Act of 1934 (the Change ‘‘Act’’),1 and Rule 19b–4 thereunder,2 removes an ADV of at least 500,000 notice is hereby given that on July 28, 1. Purpose shares yielding fee codes DM or DT. Fee 2015, EDGA Exchange, Inc. (the The Exchange proposes to: (i) To code DM is applied to non-displayed orders that add liquidity using MidPoint ‘‘Exchange’’ or ‘‘EDGA’’) filed with the remove fee codes 5, EA, and ER which 9 Securities and Exchange Commission are appended to Internalized Trades; Discretionary Orders and fee code DT (‘‘Commission’’) the proposed rule and (ii) amend the criteria for the is applied to non-displayed orders that change as described in Items I, II and III MidPoint Discretionary Order Add remove liquidity using MidPoint below, which Items have been prepared Volume Tier. Discretionary Orders. Orders that yield by the Exchange. The Exchange has fee code DM or fee code DT that do not Fee Codes 5, EA, and ER meet to the criteria of the MidPoint designated the proposed rule change as Discretionary Order Add Volume Tier one establishing or changing a member The Exchange proposes to remove fee due, fee, or other charge imposed by the codes 5, EA, and ER which are appended to Internalized Trades as well 6 The ‘‘Regular Trading Hours’’ is defined as ‘‘the Exchange under Section 19(b)(3)(A)(ii) time between 9:30 a.m. and 4:00 p.m. Eastern of the Act 3 and Rule 19b–4(f)(2) as footnote 13. During Regular Trading Time.’’ See Exchange Rule 1.5(y). thereunder,4 which renders the 7 The ‘‘Pre-Opening Session’’ is defined as ‘‘the 5 The term ‘‘Member’’ is defined as ‘‘any time between 8:00 a.m. and 9:30 a.m. Eastern registered broker or dealer, or any person associated Time.’’ See Exchange Rule 1.5(r). 14 17 CFR 200.30–3(a)(12). with a registered broker or dealer, that has been 8 The ‘‘Post-Closing Session’’ is defined as ‘‘the 1 15 U.S.C. 78s(b)(1). admitted to membership in the Exchange. A time between 4:00 p.m. and 8:00 p.m. Eastern 2 17 CFR 240.19b–4. Member will have the status of a ‘‘member’’ of the Time.’’ See Exchange Rule 1.5(s). 3 15 U.S.C. 78s(b)(3)(A)(ii). Exchange as that term is defined in Section 3(a)(3) 9 See Exchange Rule 11.8(e) for a description of 4 17 CFR 240.19b–4(f)(2). of the Act.’’ See Exchange Rule 1.5(n). MidPoint Discretionary Orders.

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are charged a fee of $0.00050 per share. the proposed fees for Internalized Discretionary Order Add Volume Tier is The Exchange now proposes to decrease Trades are designed to continue to non-discriminatory because it will be the TCV requirement to require that a discourage Members from inadvertently available to all Members. Member adds an ADV of at least 0.15% matching their buy and sell orders with of the TCV including non-displayed one another. Internalized Trades would (B) Self-Regulatory Organization’s orders that add liquidity. Easing the now be subject to the Exchange’s Statement on Burden on Competition criteria of the MidPoint Discretionary standard fees or rebates, therefore The Exchange believes its proposed Order Add Volume Tier is intended to subjecting such trades to the Exchange’s 13 amendments to its Fee Schedule would further incentive Members to submit an current maker/taker spreads. The not impose any burden on competition increased number of MidPoint charge for Members inadvertently that is not necessary or appropriate in matching with themselves is equal to Discretionary Orders to the Exchange, furtherance of the purposes of the Act. and continues to be no more favorable thereby increasing the liquidity on the The Exchange does not believe that the than the Exchange’s maker/taker spread, Exchange at the midpoint of the proposed change represents a significant enabling the Exchange to continue to National Best Bid or Offer (‘‘NBBO’’). departure from previous pricing offered discourage potential wash sales. The Implementation Date Exchange also believes that the by the Exchange or pricing offered by The Exchange proposes to implement proposed amendments are non- the Exchange’s competitors. these amendments to its Fee Schedule discriminatory because they will be Additionally, Members may opt to on August 3, 2015. apply to all Members uniformly. disfavor the Exchange’s pricing if they believe that alternatives offer them 2. Statutory Basis MidPoint Discretionary Order Add better value. Accordingly, the Exchange The Exchange believes that the Volume Tier does not believe that the proposed proposed rule change is consistent with The Exchange believes amending the change will impair the ability of the objectives of Section 6 of the Act,10 criteria for the MidPoint Discretionary Members or competing venues to in general, and furthers the objectives of Order Add Volume Tier represents an maintain their competitive standing in Section 6(b)(4),11 in particular, as it is equitable allocation of reasonable dues, the financial markets. fees, and other charges among Members designed to provide for the equitable Fee Codes 5, EA, and ER allocation of reasonable dues, fees and and other persons using its facilities other charges among its Members and because it is designed to further The Exchange believes that its other persons using its facilities. The incentivize Members to increase their proposal to delete fee codes 5, EA, and Exchange also notes that it operates in use of MidPoint Discretionary Orders on ER, as well as footnote 13 will not a highly-competitive market in which EDGA. MidPoint Discretionary Orders burden intermarket or intramarket market participants can readily direct increase displayed liquidity on the competition as Internalized Trades order flow to competing venues if they Exchange while also enhancing would be subject to the Exchange’s deem fee levels at a particular venue to execution opportunities at the midpoint standard fee sand rebates resulting in be excessive. The proposed rule change of the NBBO. Promotion of displayed rates for Internalized Trades that are reflects a competitive pricing structure liquidity at the NBBO enhances market equal to and no more favorable than designed to incent market participants quality for all Members. Members Members achieving the maker/taker to direct their order flow to the utilizing MidPoint Discretionary Orders spreads between the Exchange’s Exchange. The Exchange believes that provide liquidity at the midpoint of the standard add and remove rates. The the proposed rates are equitable and NBBO increasing the potential for an Exchange believes that its proposal non-discriminatory in that they apply order to receive price improvement, and would not burden intramarket uniformly to all Members. The easing the tier’s criteria so that Members competition because the proposed Exchange believes the fees and credits may be eligible for a decreased fee is a rebate would apply uniformly to all remain competitive with those charged reasonable means by which to Members. by other venues and therefore continue encourage the use of such orders. In to be reasonable and equitably allocated addition, the Exchange believes that by MidPoint Discretionary Order Add to Members. encouraging the use of MidPoint Volume Tier Discretionary Orders by easing the tier’s Fee Codes 5, EA, and ER criteria, Members seeking price The Exchange believes that its The Exchange believes that its improvement would be more motivated proposal to ease the criteria for the proposal to delete fee codes 5, EA, and to direct their orders to EDGA because MidPoint Discretionary Order Add ER, as well as footnote 13 represents an they would have a heightened Volume Tier would increase intermarket equitable allocation of reasonable dues, expectation of the availability of competition because it would further fees, and other charges among Members liquidity at the midpoint of the NBBO. incentivize Members to send an and other persons using its facilities. The Exchange also believes that the increased amount MidPoint The Exchange notes that other proposed amendment to the MidPoint Discretionary Orders to the Exchange in exchanges do not charge separate fees order to qualify for the tier’s decreased for their member’s Internalized Trades, Trader.aspx?id=PriceListTrading2 (last visited July fee. The Exchange believes that its thereby subjecting such trades to their 28, 2015); and NYSE Trading Fees available at proposal would neither increase nor standard fees and rebates.12 In addition, https://www.nyse.com/markets/nyse/trading-info/ decrease intramarket competition fees (last visited July 28, 2015). because the MidPoint Discretionary 13 The Exchange’s standard rates result in a 10 15 U.S.C. 78f. maker/taker spread of $0.0003 per share ($0.0005 Order Add Volume Tier would apply 11 15 U.S.C. 78f(b)(4). (fee)—$0.0002 (rebate) = $0.0003), equal to the total uniformly to all Members and the ability 12 Both the Nasdaq Stock Market LLC (‘‘Nasdaq’’) fee for an Internalized Trade that yields fee codes of some Members to meet the tier would and the New York Stock Exchange, Inc. (‘‘NYSE’’) EA and ER ($0.00015 (fee) + $0.00015 (fee) = only benefit other Members by do not charge separate or different fees for $0.0003). The Exchange will continue to ensure that contributing to increased liquidity at the Internalized Trades. See the Nasdaq Price List— the fees applicable to Internalized Trades are no Trading Connectivity, available at http:// more favorable than the Exchange’s prevailing midpoint of the NBBO and better market www.nasdaqtrader.com/ maker/taker spread. quality at the Exchange.

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(C) Self-Regulatory Organization’s Commission and any person, other than with language indicating the fees for Statement on Comments on the those that may be withheld from the NASDAQ Last Sale Plus (‘‘NLS Plus’’), Proposed Rule Change Received From public in accordance with the a comprehensive data feed offered by Members, Participants or Others provisions of 5 U.S.C. 552, will be NASDAQ OMX Information LLC.3 The Exchange has not solicited, and available for Web site viewing and The text of the proposed rule change does not intend to solicit, comments on printing in the Commission’s Public is available on the Exchange’s Web site this proposed rule change. The Reference Room, 100 F Street NE., at http://nasdaq.cchwallstreet.com, at Exchange has not received any Washington, DC 20549, on official the principal office of the Exchange, and unsolicited written comments from business days between the hours of at the Commission’s Public Reference Members or other interested parties. 10:00 a.m. and 3:00 p.m. Copies of the Room. filing will also be available for II. Self-Regulatory Organization’s III. Date of Effectiveness of the inspection and copying at the principal Statement of the Purpose of, and Proposed Rule Change and Timing for office of the Exchange. All comments Statutory Basis for, the Proposed Rule Commission Action received will be posted without change; Change The foregoing rule change has become the Commission does not edit personal effective pursuant to Section 19(b)(3)(A) identifying information from In its filing with the Commission, the of the Act 14 and paragraph (f) of Rule submissions. You should submit only Exchange included statements 19b–4 thereunder.15 At any time within information that you wish to make concerning the purpose of and basis for 60 days of the filing of the proposed rule available publicly. All submissions the proposed rule change and discussed change, the Commission summarily may should refer to File Number SR–EDGA– any comments it received on the temporarily suspend such rule change if 2015–29 and should be submitted on or proposed rule change. The text of these it appears to the Commission that such before August 31, 2015. statements may be examined at the action is necessary or appropriate in the For the Commission, by the Division of places specified in Item IV below. The public interest, for the protection of Trading and Markets, pursuant to delegated Exchange has prepared summaries, set investors, or otherwise in furtherance of authority.16 forth in sections A, B, and C below, of the purposes of the Act. Robert W. Errett, the most significant aspects of such statements. IV. Solicitation of Comments Deputy Secretary. [FR Doc. 2015–19534 Filed 8–7–15; 8:45 am] A. Self-Regulatory Organization’s Interested persons are invited to BILLING CODE 8011–01–P Statement of the Purpose of, and submit written data, views, and Statutory Basis for, the Proposed Rule arguments concerning the foregoing, Change including whether the proposed rule SECURITIES AND EXCHANGE change is consistent with the Act. COMMISSION 1. Purpose Comments may be submitted by any of The purpose of this proposal is to the following methods: [Release No. 34–75600; File No. SR– NASDAQ–2015–088] amend Rule 7039 with language Electronic Comments indicating the fees for NLS Plus. NLS Self-Regulatory Organizations; The Plus allows data distributors to access • Use the Commission’s Internet NASDAQ Stock Market LLC; Notice of the three last sale products offered by comment form (http://www.sec.gov/ Filing and Immediate Effectiveness of each of NASDAQ OMX’s three U.S. rules/sro.shtml); or equity markets.4 Thus, in offering NLS • Send an email to rule-comments@ Proposed Rule Change Regarding Plus, NASDAQ OMX Information LLC is sec.gov. Please include File Number SR– NASDAQ Last Sale Plus acting as a redistributor of last sale EDGA–2015–29 on the subject line. August 4, 2015. products already offered by NASDAQ, Paper Comments Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 3 • Send paper comments in triplicate NASDAQ OMX Information LLC is a subsidiary (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 of The NASDAQ OMX Group, Inc. (‘‘NASDAQ to Brent J. Fields, Secretary, Securities notice is hereby given that on July 24, OMX’’). and Exchange Commission, 100 F Street 2015, The NASDAQ Stock Market LLC 4 The NASDAQ OMX U.S. equity markets include NE., Washington, DC 20549–1090. (‘‘NASDAQ’’ or ‘‘Exchange’’) filed with The NASDAQ Stock Market (‘‘NASDAQ’’), All submissions should refer to File NASDAQ OMX BX (‘‘BX’’), and NASDAQ OMX the Securities and Exchange PSX (‘‘PSX’’) (together known as the ‘‘NASDAQ Number SR–EDGA–2015–29. This file Commission (‘‘SEC’’ or ‘‘Commission’’) OMX equity markets’’). PSX and BX will shortly file number should be included on the the proposed rule change as described companion proposals regarding data feeds similar subject line if email is used. To help the in Items I, II, and III, below, which Items to NLS Plus. NASDAQ’s last sale product, NASDAQ Commission process and review your Last Sale, includes last sale information from the have been prepared by the Exchange. FINRA/NASDAQ Trade Reporting Facility comments more efficiently, please use The Commission is publishing this (‘‘FINRA/NASDAQ TRF’’), which is jointly only one method. The Commission will notice to solicit comments on the operated by NASDAQ and the Financial Industry post all comments on the Commission’s proposed rule change from interested Regulatory Authority (‘‘FINRA’’). See Securities Internet Web site (http://www.sec.gov/ Exchange Act Release No. 71350 (January 17, 2014), persons. 79 FR 4218 (January 24, 2014) (SR–FINRA–2014– rules/sro.shtml). Copies of the 002). For proposed rule changes submitted with submission, all subsequent I. Self-Regulatory Organization’s respect to NASDAQ Last Sale, BX Last Sale, and amendments, all written statements Statement of the Terms of Substance of PSX Last Sale, see, e.g., Securities Exchange Act with respect to the proposed rule the Proposed Rule Change Release Nos. 57965 (June 16, 2008), 73 FR 35178, (June 20, 2008) (SR–NASDAQ–2006–060) (order change that are filed with the The Exchange proposes to amend approving NASDAQ Last Sale data feeds pilot); Commission, and all written Rule 7039 (NASDAQ Last Sale and 61112 (December 4, 2009), 74 FR 65569, (December communications relating to the NASDAQ Last Sale Plus Data Feeds) 10, 2009) (SR–BX–2009–077) (notice of filing and proposed rule change between the immediate effectiveness regarding BX Last Sale data feeds); and 62876 (September 9, 2010), 75 FR 16 17 CFR 200.30–3(a)(12). 56624, (September 16, 2010) (SR–Phlx–2010–120) 14 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). (notice of filing and immediate effectiveness 15 17 CFR 240.19b–4(f). 2 17 CFR 240.19b–4. regarding PSX Last Sale data feeds).

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BX, and PSX and volume information offered, as noted, through NASDAQ Last Sale Plus also reflects cumulative provided by the securities information OMX Information LLC, which is a volume real-time trading activity across processors for Tape A, B, and C.5 This subsidiary of The NASDAQ OMX all U.S. exchanges for Tape C securities proposal is being filed by the Exchange Group, Inc. that is separate and apart and 15-minute delayed information for to indicate the fees for the NLS Plus from The NASDAQ Stock Market LLC. Tape A and Tape B securities. NLS Plus data feed offering and in light of the NASDAQ OMX Information LLC also contains the following data recent approval order regarding NLS combines publicly available data from elements: Trade Price, Trade Size, Sale Plus.6 the three filed last sale products of the Condition Modifiers, Cumulative NLS Plus allows data distributors to NASDAQ OMX equity markets and from Consolidated Market Volume, End of access last sale products offered by each the network processors for the ease and Day Trade Summary, Adjusted Closing of NASDAQ OMX’s three equity convenience of market data users and Price, IPO Information, and Bloomberg exchanges. NLS Plus includes all vendors, and ultimately the investing ID. Additionally, pertinent regulatory transactions from all of NASDAQ public. In that role, the function of information such as Market Wide OMX’s equity markets, as well as NASDAQ OMX Information LLC is Circuit Breaker, Reg SHO Short Sale FINRA/NASDAQ TRF data that is analogous to that of other market data Price Test Restricted Indicator, Trading included in the current NLS product. In vendors, and it has no competitive Action, Symbol Directory, Adjusted addition, NLS Plus features total cross- advantage over other market data Closing Price, and End of Day Trade market volume information at the issue vendors. NASDAQ OMX Information Summary are included.12 NLS Plus may level, thereby providing redistribution LLC distributes no data that is not be received by itself or in combination of consolidated volume information equally available to all market data with NASDAQ Basic. The Exchange (‘‘consolidated volume’’) from the vendors. For example, NASDAQ OMX now proposes to add into Rule 7039(d) securities information processors Information LLC receives data from the the fees associated with NLS Plus. (‘‘SIPs’’) for Tape A, B, and C exchange that is available to other securities.7 Thus, NLS Plus covers all market data vendors, with the same The Fees information distributed to NASDAQ securities listed on NASDAQ and New Firms that receive an NLS Plus feed OMX Information LLC at the same time York Stock Exchange (‘‘NYSE’’) (now today are liable for annual under the Intercontinental Exchange it is distributed to other vendors (that is, NASDAQ OMX Information LLC has administration fees for applicable (‘‘ICE’’) umbrella), as well as US NASDAQ equity exchanges: $1,000 for ‘‘regional’’ exchanges such as NYSE neither a speed nor an information differential). Through this structure, NASDAQ, $1,000 for BX, and $1,000 for MKT, NYSE Arca, and BATS (also PSX.13 In addition, firms that receive known as BATS/Direct Edge).8 As noted NASDAQ OMX Information LLC performs precisely the same functions NLS Plus are liable for NLS or NASDAQ in the NLS Plus Approval Order, the Basic fees.14 Finally, firms will pay a Exchange is filing this separate proposal as Bloomberg, Thomson Reuters, and regarding the NLS Plus fee structure. dozens of other market data vendors; and the contents of the NLS Plus data 12 The overwhelming majority of these data NLS Plus is currently codified in Rule elements and messages are exactly the same as, and 7039(d) 9 in a manner similar to stream are similar in nature to what is in fact are sourced from, NLS, BX Last Sale, and products of other markets.10 NLS Plus is distributed by other exchanges. PSX Last Sale. Only two data elements The Exchange believes that market (consolidated volume and Bloomberg ID) are sourced from other publicly accessible or obtainable 5 Tape A and Tape B securities are disseminated data distributors may use the NLS Plus data feed to feed stock tickers, portfolio resources. The Reg SHO Short Sale Price Test pursuant to the Security Industry Automation Restricted Indicator message is disseminated intra- Corporation’s (‘‘SIAC’’) Consolidated Tape trackers, trade alert programs, time and day when a security has a price drop of 10% or Association Plan/Consolidated Quotation System, sale graphs, and other display systems. more from the adjusted prior day’s NASDAQ or CTA/CQS (‘‘CTA’’). Tape C securities are Official Closing Price. Trading Action indicates the disseminated pursuant to the NASDAQ Unlisted The contents of NLS Plus are set forth in NASDAQ Rule 7039(d).11 current trading status of a security to the trading Trading Privileges (‘‘UTP’’) Plan. community, and indicates when a security is 6 See Securities Exchange Act Release No. 75257 Specifically, subsection (d) states that halted, paused, released for quotation, and released (June 22, 2015), 80 FR 36862 (June 26, 2015) (SR– NASDAQ Last Sale Plus is a for trading. Symbol Directory is disseminated at the NASDAQ–2015–055) (order approving proposed comprehensive data feed produced by start of each trading day for all active NASDAQ and rule change regarding NASDAQ Last Sale Plus); and NASDAQ OMX Information LLC that non-NASDAQ-listed security symbols. Adjusted Rule 7039(d). See also Securities Exchange Act Closing Price is disseminated at the start of each Release No. 74972 (May 15, 2015), 80 FR 29370 provides last sale data as well as trading day for all active symbols in the NASDAQ (May 21, 2015) (SR–NASDAQ–2015–055) (notice of consolidated volume of NASDAQ OMX system. End of Day Trade Summary is disseminated filing of proposed rule change regarding NASDAQ equity markets (NASDAQ, BX, and PSX) at the close of each trading day, as a summary for Last Sale Plus). These filings are known as ‘‘NLS and the NASDAQ/FINRA Trade all active NASDAQ- and non-NASDAQ-listed Plus Approval Order’’ and ‘‘NLS Plus notice’’, securities. IPO Information reflects IPO general respectively. NLS Plus, which is codified in Rule Reporting Facility(‘‘TRF’’). NASDAQ administrative messages from the UTP and CTA 7039(d), has been offered since 2010 via NASDAQ Level 1 feeds for Initial Public Offerings for all OMX Information LLC. NLS Plus is described approving market data product called BATS One NASDAQ- and non-NASDAQ-listed securities. For online at http://nasdaqtrader.com/content/ Feed being offered by four affiliated exchanges). See additional information, see NLS Plus Approval technicalsupport/specifications/dataproducts/ also Securities Exchange Act Release No. 73553 Order. NLSPlusSpecification.pdf; and the annual (November 6, 2014), 79 FR 67491 (November 13, 13 For current fees, see http://nasdaqtrader.com/ administrative and other fees for NLS Plus are 2014) (SR–NYSE–2014–40) (order granting approval Trader.aspx?id=DPUSdata#ls. Annual noted at http://nasdaqtrader.com/ to establish the NYSE Best Quote & Trades (‘‘BQT’’) administrative fees are in BX Rule 7035, NASDAQ Trader.aspx?id=DPUSdata#ls. Data Feed). These exchanges have likewise Rule 7035, and NASDAQ OMX PSX Fees Chapter 7 This reflects real-time trading activity for Tape instituted fees for their products. VIII. C securities and 15-minute delayed information for 11 The contents of NLS Plus in large part mimic 14 User fees for NLS and NASDAQ Basic are in Tape A and Tape B securities. those of NLS, which is set forth in NASDAQ Rule NASDAQ Rules 7039 and 7047. User fees for BX 8 Registered U.S. exchanges are listed at http:// 7039(a)–(c). Similar to NLS, NLS Plus offers data for Last Sale are in BX Rule 7039 (currently there is no www.sec.gov/divisions/marketreg/ all U.S. equities via two separate data channels: The fee liability), and for PSX Last Sale are in NASDAQ mrexchanges.shtml. first data channel reflects NASDAQ, BX, and PSX OMX PSX Fees Chapter VIII (currently there is no 9 See supra note 6. trades with real-time consolidated volume for fee liability). As currently described in NASDAQ 10 See Securities Exchange Act Release No. 73918 NASDAQ-listed securities; and the second data Rule 7047, NASDAQ Basic provides two sets of data (December 23, 2014), 79 FR 78920 (December 31, channel reflects NASDAQ, BX, and PSX trades with elements: (1) the best bid and offer on the NASDAQ 2014) (SR–BATS–2014–055; SR–BYX–2014–030; delayed consolidated volume for NYSE, NYSE Stock Market for each U.S. equity security; and (2) SR–EDGA–2014–25; SR–EDGX–2014–25) (order MKT, NYSE Arca and BATS-listed securities. the last sale information currently provided by NLS.

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data consolidation fee of $350 per conjunction with NASDAQ Basic.19 consolidation cost emanating from the month. Accordingly, firms would either be aggregation and consolidation of the Accordingly, proposed Rule 7039 liable for NLS fees or NASDAQ Basic data and data streams that make up the states the following at sections (d)(1) fees. Fourth, the Exchange proposes that NLS Plus data feed. Such consolidated through (d)(3): NLS Plus includes a specific monthly costs include, for example, the monthly (1) Firms that receive NLS Plus shall $350 data consolidation fee. This fee is the costs of combining the feeds, adding pay the annual administration fees for designed to recoup the monthly the Bloomberg ID, and creating the NLS, BX Last Sale, and PSX Last Sale, consolidation costs emanating from the consolidated sale info. The proposed fee and a data consolidation fee of $350 per aggregation and consolidation of the structure would not be unfairly month. data and data streams that make up the discriminatory because it would apply (2) Firms that receive NLS Plus are in NLS Plus data feed. Such consolidated equally to all firms that choose to use addition liable for NLS or NASDAQ costs include, for example, the costs of NLS Plus. Basic fees, as applicable. combining the feeds, adding the NASDAQ believes that the proposed fees are also consistent with the investor (3) In the event that NASDAQ OMX Bloomberg ID, and combining the protection objectives of Section 6(b)(5) BX and/or NASDAQ OMX PHLX adopt consolidated sale info. The Exchange of the Act 22 in that they are designed to user fees for BX Last Sale and/or PSX believes that this consolidation fee, promote just and equitable principles of Last Sale, firms that receive NLS Plus while in addition to the current NLS trade, to remove impediments to a free would also be liable for such fees.15 Plus fees in place, would not be material and open market and national market The Exchange notes that the proposed to firms. The Exchange believes that the system, and in general to protect fee structure is designed to ensure that investors and the public interest. vendors could compete with the proposed NLS Plus fee is a simple codification of the existing NLS PLS Specifically, the proposed fee structure Exchange by creating a product similar will codify the fees regarding the NLS to NLS Plus.16 The proposed fee [sic] fee into Rule 7039, as discussed, with the addition of a monthly data Plus data offering into sections (d)(1) structure reflects the current annual through (d)(3) of Rule 7039, which helps administrative cost as well as the consolidation fee, and as such meets the requirements of the Act. to assure proper enforcement of the rule incremental cost of the aggregation and and investor protection. NASDAQ consolidation function (generally 2. Statutory Basis believes also that the proposal facilitates known as the ‘‘consolidation function’’) NASDAQ believes that the proposed transactions in securities, removes for NLS Plus, and would not be lower impediments to and perfects the than the cost to a vendor creating a rule change is consistent with the provisions of Section 6 of the Act,20 in mechanism of a free and open market competing product, including the cost and a national market system, and, in of receiving the underlying data feeds. general, and with Sections 6(b)(4) and 21 general, protects investors and the The proposed fee structure for NLS Plus (5) of the Act, in particular, in that it provides for the equitable allocation of public interest by codifying into a rule would enable a vendor to receive the the fee liability for an additional means underlying data feeds and offer a similar reasonable dues, fees, and other charges among its members, issuers and other by which investors may access product on a competitive basis and with information about securities no greater cost than the Exchange.17 persons using its facilities, and does not unfairly discriminate between transactions, namely NLS Plus, thereby The proposed fee structure is customers, issuers, brokers or dealers. providing investors with additional reasonable and proper. First, the The Exchange is codifying the fees options for accessing information that proposed administration fee is regarding the NLS Plus data offering and may help to inform their trading essentially a codification of the current the consolidation fee, as discussed, into decisions. administration fee vis a vis NASDAQ, sections (d)(1) through (d)(3) of Rule NASDAQ notes that the Commission BX and PSX. Second, NLS Plus 7039. has recently approved data products on recipients would also be liable for fees NASDAQ believes that the proposed several exchanges that are similar to if the Exchange adopts user fees for BX fees offered to firms that elect to receive NLS Plus, and specifically determined Last Sale and/or PSX Last Sale. To that NLS Plus are reasonable, equitable and that the fee-liable approved data end, the Exchange notes that it will file 23 not unfairly discriminatory. These fees products were consistent with the Act. separate proposals to adopt NLS Plus in are reasonable because they are, as NLS Plus simply provides market the BX Last Sale and PSX Last Sale discussed, simply a codification of the participants with an additional option provisions,18 as well as separate fee existing fee structure, with an addition for receiving market data that has proposals that would each, like this of the above-discussed consolidation already been the subject of a proposed filing, be expected to have an fee, into existing Rule 7039. The rule change and that is available from administrative fee component and a proposed fee structure would apply myriad market data vendors. consolidation component. Third, firms equally to all firms that choose to avail In adopting Regulation NMS, the receive NLS Plus by itself or in themselves of the NLS Plus data feed, Commission granted SROs and broker- and no firm is required to use NLS Plus. dealers (‘‘BDs’’) increased authority and 15 BX Last Sale and PSX Last Sale currently are flexibility to offer new and unique not fee liable, as noted in BX Rule 7039 and Moreover, the Exchange believes that the consolidation fee, while in addition market data to the public. It was NASDAQ OMX PSX Fees Chapter VIII, respectively. believed that this authority would 16 For discussion in addition to this proposal, see to the current NLS Plus fee, would not NLS Plus Approval Order. be material to firms. The consolidation expand the amount of data available to 17 See also footnote 24 in the NLS Plus notice, fee would, however, enable the consumers, and also spur innovation wherein the Exchange indicated that it expects that Exchange to recoup the monthly and competition for the provision of the fee structure for NLS Plus will reflect an amount market data. NASDAQ believes that its that is no less than the cost to a market data vendor to obtain all the underlying feeds, plus an amount 19 As provided in Rule 7047, NASDAQ Basic NLS Plus market data product is to be determined that would reflect the value of the provides the information contained in NLS, aggregation and consolidation function. together with NASDAQ’s best bid and best offer. 22 15 U.S.C. 78f(b)(5). 18 BX Rule 7039 and NASDAQ OMX PSX Fees 20 15 U.S.C. 78f. 23 See supra note 10 regarding BATS One and Chapter VIII. 21 15 U.S.C. 78f(b)(4) and (5). NYSE BQT.

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precisely the sort of market data product NYSE Arca’s data product at issue in reflects the competition between data that the Commission envisioned when it that case. As explained below in feed vendors and will further enhance adopted Regulation NMS. The NASDAQ’s Statement on Burden on such competition. As described, NLS Commission concluded that Regulation Competition, however, NASDAQ Plus competes directly with existing NMS—by deregulating the market in believes that there is substantial similar products and potential products proprietary data—would itself further evidence of competition in the of market data vendors. NASDAQ OMX the Act’s goals of facilitating efficiency marketplace for data that was not in the Information LLC was constructed and competition: record in the NetCoalition I case, and specifically to establish a level playing [E]fficiency is promoted when broker- that the Commission is entitled to rely field with market data vendors and to dealers who do not need the data beyond the upon such evidence in concluding fees preserve fair competition between them. prices, sizes, market center identifications of are the product of competition, and Therefore, NASDAQ OMX Information the NBBO and consolidated last sale therefore in accordance with the LLC receives NLS, BX Last Sale, and information are not required to receive (and relevant statutory standards.26 PSX Last Sale from each NASDAQ- pay for) such data. The Commission also Accordingly, any findings of the court operated exchange in the same manner, believes that efficiency is promoted when with respect to that product may not be at the same speed, and reflecting the broker-dealers may choose to receive (and relevant to the product at issue in this same fees as for all market data vendors. pay for) additional market data based on their filing. Therefore, NASDAQ Information LLC own internal analysis of the need for such Moreover, fee liable data products data.24 has no competitive advantage with such as NLS Plus are a means by which respect to these last sale products and By removing unnecessary regulatory exchanges compete to attract order flow, NASDAQ commits to maintaining this restrictions on the ability of exchanges and this proposal simply codifies the level playing field in the future. In other to sell their own data, Regulation NMS relevant fee structure into an Exchange words, NASDAQ will continue to advanced the goals of the Act and the rule. To the extent that exchanges are disseminate separately the underlying principles reflected in its legislative successful in such competition, they last sale products to avoid creating a history. If the free market should earn trading revenues and also enhance latency differential between NASDAQ determine whether proprietary data is the value of their data products by OMX Information LLC and other market sold to BDs at all, it follows that the increasing the amount of data they are data vendors, and to avoid creating a price at which such data is sold should able to provide. Conversely, to the pricing advantage for NASDAQ OMX be set by the market as well. extent that exchanges are unsuccessful, Information LLC. The decision of the United States the inputs needed to add value to data NLS Plus joins the existing market for Court of Appeals for the District of products are diminished. Accordingly, proprietary last sale data products that Columbia Circuit in NetCoalition v. the need to compete for order flow is currently competitive and inherently SEC, 615 F.3d 525 (D.C. Cir. 2010) places substantial pressure upon contestable because there is fierce (‘‘NetCoalition I’’), upheld the exchanges to keep their fees for both competition for the inputs necessary to Commission’s reliance upon executions and data reasonable. the creation of proprietary data and competitive markets to set reasonable strict pricing discipline for the B. Self-Regulatory Organization’s and equitably allocated fees for market proprietary products themselves. Statement on Burden on Competition data. ‘‘In fact, the legislative history Numerous exchanges compete with indicates that the Congress intended The Exchange does not believe that each other for listings, trades, and that the market system ‘evolve through the proposed rule change will impose market data itself, providing virtually the interplay of competitive forces as any burden on competition not limitless opportunities for entrepreneurs unnecessary regulatory restrictions are necessary or appropriate in furtherance who wish to produce and distribute removed’ and that the SEC wield its of the purposes of the Act. The their own market data. This proprietary regulatory power ‘in those situations proposed fee structure is designed to data is produced by each individual where competition may not be ensure a fair and reasonable use of exchange, as well as other entities, in a sufficient,’ such as in the creation of a Exchange resources by allowing the vigorously competitive market. ‘consolidated transactional reporting Exchange to recoup costs while Similarly, with respect to the FINRA/ system.’ ’’ NetCoalition I, at 535 (quoting continuing to offer its data products at NASDAQ TRF data that is a component H.R. Rep. No. 94–229, at 92 (1975), as competitive rates to firms. of NLS and NLS Plus, allowing reprinted in 1975 U.S.C.C.A.N. 321, The market for data products is exchanges to operate TRFs has 323). The court agreed with the extremely competitive and firms may permitted them to earn revenues by Commission’s conclusion that freely choose alternative venues and providing technology and data in ‘‘Congress intended that ‘competitive data vendors based on the aggregate fees support of the non-exchange segment of forces should dictate the services and assessed, the data offered, and the value the market. This revenue opportunity practices that constitute the U.S. provided. This rule proposal does not has also resulted in fierce competition national market system for trading burden competition, which continues to between the two current TRF operators, equity securities.’ ’’ 25 offer alternative data products and, like with both TRFs charging extremely low The Court in NetCoalition I, while the Exchange, set fees,27 but rather trade reporting fees and rebating the upholding the Commission’s conclusion majority of the revenues they receive that competitive forces may be relied 26 It should also be noted that Section 916 of the from core market data to the parties upon to establish the fairness of prices, Dodd-Frank Wall Street Reform and Consumer reporting trades. Protection Act of 2010 (‘‘Dodd-Frank Act’’) has Transaction execution and proprietary nevertheless concluded that the record amended paragraph (A) of Section 19(b)(3) of the in that case did not adequately support Act, 15 U.S.C. 78s(b)(3), to make it clear that all data products are complementary in that the Commission’s conclusions as to the exchange fees, including fees for market data, may market data is both an input and a competitive nature of the market for be filed by exchanges on an immediately effective byproduct of the execution service. In basis. See also NetCoalition v. SEC, 715 F.3d 342 fact, market data and trade execution are (D.C. Cir. 2013) (‘‘NetCoalition II’’) (finding no 24 See Securities Exchange Act Release No. 51808 jurisdiction to review Commission’s non- a paradigmatic example of joint (June 9, 2005), 70 FR 37496 (June 29, 2005). suspension of immediately effective fee changes). products with joint costs. The decision 25 NetCoalition I, at 535. 27 See, e.g., supra note 10. whether and on which platform to post

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an order will depend on the attributes a trade reporting system, costs that must disciplines in order to market of the platform where the order can be be covered through the fees charged for proprietary data products successfully. posted, including the execution fees, use of the facility and sales of associated Moreover, NASDAQ believes that data quality and price, and distribution data. products such as NLS Plus can enhance of its data products. Without trade An exchange’s BD customers view the order flow to NASDAQ by providing executions, exchange data products costs of transaction executions and of more widespread distribution of cannot exist. Moreover, data products data as a unified cost of doing business information about transactions in real are valuable to many end users only with the exchange. A BD will direct time, thereby encouraging wider insofar as they provide information that orders to a particular exchange only if participation in the market by investors end users expect will assist them or the expected revenues from executing with access to the internet or television. their customers in making trading trades on the exchange exceed net Conversely, the value of such products decisions. transaction execution costs and the cost to distributors and investors decreases if of data that the BD chooses to buy to order flow falls, because the products The costs of producing market data support its trading decisions (or those of contain less content. include not only the costs of the data its customers). The choice of data Competition among trading platforms distribution infrastructure, but also the products is, in turn, a product of the can be expected to constrain the costs of designing, maintaining, and value of the products in making aggregate return each platform earns operating the exchange’s transaction profitable trading decisions. If the cost from the sale of its joint products, but execution platform and the cost of of the product exceeds its expected different platforms may choose from a regulating the exchange to ensure its fair value, the BD will choose not to buy it. range of possible, and equally operation and maintain investor Moreover, as a BD chooses to direct reasonable, pricing strategies as the confidence. The total return that a fewer orders to a particular exchange, means of recovering total costs. trading platform earns reflects the the value of the product to that BD NASDAQ pays rebates to attract orders, revenues it receives from both products decreases, for two reasons. First, the charges relatively low prices for market and the joint costs it incurs. Moreover, product will contain less information, information and charges relatively high the operation of the exchange is because executions of the BD’s trading prices for accessing posted liquidity. characterized by high fixed costs and activity will not be reflected in it. Other platforms may choose a strategy low marginal costs. This cost structure Second, and perhaps more important, of paying lower liquidity rebates to is common in content and content the product will be less valuable to that attract orders, setting relatively low distribution industries such as software, BD because it does not provide prices for accessing posted liquidity, where developing new software information about the venue to which it and setting relatively high prices for typically requires a large initial is directing its orders. Data from the market information. Still others may investment (and continuing large competing venue to which the BD is provide most data free of charge and investments to upgrade the software), directing orders will become rely exclusively on transaction fees to but once the software is developed, the correspondingly more valuable. recover their costs. Finally, some incremental cost of providing that Similarly, in the case of products such platforms may incentivize use by software to an additional user is as NLS Plus that are distributed through providing opportunities for equity typically small, or even zero (e.g., if the market data vendors, the vendors ownership, which may allow them to software can be downloaded over the provide price discipline for proprietary charge lower direct fees for executions Internet after being purchased).28 In data products because they control the and data. NASDAQ’s case, it is costly to build and primary means of access to end users. In this environment, there is no maintain a trading platform, but the Vendors impose price restraints based economic basis for regulating maximum incremental cost of trading each upon their business models. For prices for one of the joint products in an additional share on an existing platform, example, vendors such as Bloomberg industry in which suppliers face or distributing an additional instance of and Reuters that assess a surcharge on competitive constraints with regard to data, is very low. Market information data they sell may refuse to offer the joint offering. Such regulation is and executions are each produced proprietary products that end users will unnecessary because an ‘‘excessive’’ jointly (in the sense that the activities of not purchase in sufficient numbers. price for one of the joint products will trading and placing orders are the Internet portals, such as Google, impose ultimately have to be reflected in lower source of the information that is a discipline by providing only data that prices for other products sold by the distributed) and are each subject to will enable them to attract ‘‘eyeballs’’ firm, or otherwise the firm will significant scale economies. In such that contribute to their advertising experience a loss in the volume of its cases, marginal cost pricing is not revenue. Retail BDs, such as Schwab sales that will be adverse to its overall feasible because if all sales were priced and Fidelity, offer their customers profitability. In other words, an increase at the margin, NASDAQ would be proprietary data only if it promotes in the price of data will ultimately have unable to defray its platform costs of trading and generates sufficient to be accompanied by a decrease in the providing the joint products. Similarly, commission revenue. Although the cost of executions, or the volume of both data products cannot make use of TRF business models may differ, these data and executions will fall. trade reports without the raw material of vendors’ pricing discipline is the same: The level of competition and the trade reports themselves, and they can simply refuse to purchase any contestability in the market is evident in therefore necessitate the costs of proprietary data product that fails to the numerous alternative venues that operating, regulating,29 and maintaining provide sufficient value. Exchanges, compete for order flow, including TRFs, and other producers of eleven SRO markets, as well as 28 See William J. Baumol and Daniel G. Swanson, proprietary data products must internalizing BDs and various forms of ‘‘The New Economy and Ubiquitous Competitive understand and respond to these alternative trading systems (‘‘ATSs’’), Price Discrimination: Identifying Defensible Criteria including dark pools and electronic of Market Power,’’ Antitrust Law Journal, Vol. 70, varying business models and pricing No. 3 (2003). communication networks (‘‘ECNs’’). 29 It should be noted that the costs of operating include regulatory charges paid by NASDAQ to Each SRO market competes to produce the FINRA/NASDAQ TRF borne by NASDAQ FINRA. transaction reports via trade executions,

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and two FINRA-regulated TRFs compete trading is replete with examples of Second, consolidated data is also to attract internalized transaction entrants that swiftly grew into some of available at no cost with a 15- or 20- reports. It is common for BDs to further the largest electronic trading platforms minute delay. Because consolidated and exploit this competition by sending and proprietary data producers: data contains marketwide information, their order flow and transaction reports Archipelago, Bloomberg Tradebook, it effectively places a cap on the fees to multiple markets, rather than Island, RediBook, Attain, TracECN, assessed for proprietary data (such as providing them all to a single market. BATS Trading and BATS/Direct Edge. A last sale data) that is simply a subset of Competitive markets for order flow, proliferation of dark pools and other the consolidated data. The mere executions, and transaction reports ATSs operate profitably with availability of low-cost or free provide pricing discipline for the inputs fragmentary shares of consolidated consolidated data provides a powerful of proprietary data products. market volume. form of pricing discipline for The large number of SROs, TRFs, BDs, Regulation NMS, by deregulating the proprietary data products that contain and ATSs that currently produce market for proprietary data, has data elements that are a subset of the proprietary data or are currently capable increased the contestability of that consolidated data, by highlighting the of producing it provides further pricing market. While BDs have previously optional nature of proprietary products. discipline for proprietary data products. published their proprietary data In this environment, a super- Each SRO, TRF, ATS, and BD is individually, Regulation NMS competitive increase in the fees charged currently permitted to produce encourages market data vendors and for either transactions or data has the proprietary data products, and many BDs to produce proprietary products potential to impair revenues from both currently do or have announced plans to cooperatively in a manner never before products. ‘‘No one disputes that do so, including NASDAQ, NYSE, possible. Multiple market data vendors competition for order flow is ‘fierce’.’’ NYSE MKT, NYSE Arca, and BATS/ already have the capability to aggregate NetCoalition I at 539. The existence of Direct Edge. data and disseminate it on a profitable fierce competition for order flow Any ATS or BD can combine with any scale, including Bloomberg and implies a high degree of price sensitivity other ATS, BD, or multiple ATSs or BDs Thomson Reuters. In Europe, Cinnober on the part of BDs with order flow, since to produce joint proprietary data aggregates and disseminates data from they may readily reduce costs by products. Additionally, order routers over 40 brokers and multilateral trading directing orders toward the lowest-cost and market data vendors can facilitate facilities.30 trading venues. A BD that shifted its single or multiple BDs’ production of In the case of TRFs, the rapid entry of order flow from one platform to another proprietary data products. The potential several exchanges into this space in in response to order execution price sources of proprietary products are 2006–2007 following the development differentials would both reduce the virtually limitless. Notably, the and Commission approval of the TRF value of that platform’s market data and potential sources of data include the structure demonstrates the reduce its own need to consume data BDs that submit trade reports to TRFs contestability of this aspect of the from the disfavored platform. If a and that have the ability to consolidate market.31 Given the demand for trade platform increases its market data fees, and distribute their data without the reporting services that is itself a by- the change will affect the overall cost of involvement of FINRA or an exchange- product of the fierce competition for doing business with the platform, and operated TRF. transaction executions—characterized affected BDs will assess whether they The fact that proprietary data from notably by a proliferation of ATSs and can lower their trading costs by ATSs, BDs, and vendors can by-pass BDs offering internalization—any supra- directing orders elsewhere and thereby SROs is significant in two respects. competitive increase in the fees lessening the need for the more First, non-SROs can compete directly associated with trade reporting or TRF expensive data. Similarly, increases in with SROs for the production and sale data would shift trade report volumes the cost of NLS Plus would impair the of proprietary data products, as BATS from one of the existing TRFs to the willingness of distributors to take a and NYSE Arca did before registering as other 32 and create incentives for other product for which there are numerous exchanges by publishing proprietary TRF operators to enter the space. alternatives, impacting NLS Plus data book data on the internet. Second, Alternatively, because BDs reporting to revenues, the value of NLS Plus as a tool because a single order or transaction TRFs are themselves free to consolidate for attracting order flow, and ultimately, report can appear in a core data product, the market data that they report, the the volume of orders routed to NASDAQ an SRO proprietary product, and/or a market for over-the-counter data itself, and the value of its other data products. non-SRO proprietary product, the data separate and apart from the markets for C. Self-Regulatory Organization’s available in proprietary products is execution and trade reporting services— exponentially greater than the actual Statement on Comments on the is fully contestable. Proposed Rule Change Received From number of orders and transaction Moreover, consolidated data provides Members, Participants, or Others reports that exist in the marketplace. two additional measures of pricing Indeed, in the case of NLS Plus, the data discipline for proprietary data products No written comments were either provided through that product appears that are a subset of the consolidated data solicited or received. both in (i) real-time core data products stream. First, the consolidated data is offered by the SIPs for a fee, (ii) free SIP III. Date of Effectiveness of the widely available in real-time at $1 per Proposed Rule Change and Timing for data products with a 15-minute time month for non-professional users. delay, and (iii) individual exchange data Commission Action products, and finds a close substitute in 30 See http://www.cinnober.com/boat-trade- The foregoing rule change has become last-sale products of competing venues. reporting. effective pursuant to Section In addition to the competition and 31 The low cost exit of two TRFs from the market 19(b)(3)(A)(ii) of the Act.33 At any time price discipline described above, the is also evidence of a contestable market, because within 60 days of the filing of the market for proprietary data products is new entrants are reluctant to enter a market where proposed rule change, the Commission exit may involve substantial shut-down costs. also highly contestable because market 32 It should be noted that the FINRA/NYSE TRF summarily may temporarily suspend entry is rapid, inexpensive, and has, in recent weeks, received reports for almost profitable. The history of electronic 10% of all over-the-counter volume in NMS stocks. 33 15 U.S.C. 78s(b)(3)(A)(ii).

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such rule change if it appears to the All submissions should refer to File statements may be examined at the Commission that such action is Number SR–NASDAQ–2015–088 and places specified in Item IV below. The necessary or appropriate in the public should be submitted on or before Exchange has prepared summaries, set interest, for the protection of investors, August 31, 2015. forth in sections A, B, and C below, of or otherwise in furtherance of the For the Commission, by the Division of the most significant aspects of such purposes of the Act. If the Commission Trading and Markets, pursuant to delegated statements. takes such action, the Commission shall authority.34 institute proceedings to determine A. Self-Regulatory Organization’s Robert W. Errett, Statement of the Purpose of, and whether the proposed rule should be Deputy Secretary. approved or disapproved. Statutory Basis for, the Proposed Rule [FR Doc. 2015–19537 Filed 8–7–15; 8:45 am] Change IV. Solicitation of Comments BILLING CODE 8011–01–P 1. Purpose Interested persons are invited to submit written data, views, and Effective January 1, 2015, Nasdaq SECURITIES AND EXCHANGE adopted an all-inclusive annual listing arguments concerning the foregoing, COMMISSION including whether the proposed rule fee, which simplifies billing and change is consistent with the Act. [Release No. 34–75601; File No. SR- provides transparency and certainty to Comments may be submitted by any of NASDAQ–2015–087] companies as to the annual cost of 3 the following methods: listing. This new fee structure was Self-Regulatory Organizations; The designed, primarily, to address Electronic Comments NASDAQ Stock Market LLC; Notice of customer complaints about the number • Use the Commission’s Internet Filing and Immediate Effectiveness of and in some cases the variable nature of comment form (http://www.sec.gov/ Proposed Rule Change To Allow Listed certain of Nasdaq’s listing fees. It also rules/sro.shtml); or Companies To Opt in to Nasdaq’s All- provides benefits to Nasdaq, including • Send an email to rule-comments@ Inclusive Annual Listing Fee eliminating the multiple invoices that sec.gov. Please include File Number SR– were sent to a company each year and DATES: NASDAQ–2015–088 on the subject line. August 4, 2015. providing more certainty as to revenue.4 Pursuant to Section 19(b)(1) of the While this new fee structure will Paper Comments Securities Exchange Act of 1934 1 2 become operative for all listed • Send paper comments in triplicate (‘‘Act’’) and Rule 19b–4 thereunder, companies in 2018, listed companies to Secretary, Securities and Exchange notice is hereby given that, on July 22, were allowed to elect to be subject to the Commission, 100 F Street NE., 2015, The NASDAQ Stock Market LLC all-inclusive annual listing fee effective Washington, DC 20549–1090. (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the January 1, 2015, and were provided All submissions should refer to File Securities and Exchange Commission certain incentives to do so.5 Companies Number SR–NASDAQ–2015–088. This (‘‘Commission’’) the proposed rule have reacted favorably to the new fee file number should be included on the change as described in Items I, II, and program and these incentives. subject line if email is used. To help the III, below, which Items have been Nasdaq now proposes to allow Commission process and review your prepared by the Exchange. The currently listed companies that did not comments more efficiently, please use Commission is publishing this notice to previously opt in to the all-inclusive only one method. The Commission will solicit comments on the proposed rule annual fee program to do so effective post all comments on the Commission’s change from interested persons. January 1, 2016. In addition, Nasdaq Internet Web site (http://www.sec.gov/ I. Self-Regulatory Organization’s proposes to offer companies an rules/sro.shtml). Statement of the Terms of Substance of incentive to opt in, similar to the Copies of the submission, all the Proposed Rule Change incentive offered companies that opted subsequent amendments, all written in to the all-inclusive annual fee Nasdaq proposes to allow listed statements with respect to the proposed program for 2015. Specifically, from companies not currently subject to rule change that are filed with the July 22, 2015 until December 31, 2015, Nasdaq’s all-inclusive annual listing fee Commission, and all written Nasdaq will allow companies to opt in to opt in to that fee program for 2016. communications relating to the to the all-inclusive annual fee program The text of the proposed rule change is proposed rule change between the starting in 2016. Any company that does available on the Exchange’s Web site at Commission and any person, other than so will not be billed for the listing of http://nasdaq.cchwallstreet.com, at the those that may be withheld from the additional shares after it submits the principal office of the Exchange, and at public in accordance with the opt-in form to Nasdaq, regardless of the Commission’s Public Reference provisions of 5 U.S.C. 552, will be when the shares were issued.6 Room. In available for Web site viewing and printing in the Commission’s Public II. Self-Regulatory Organization’s 3 Securities Exchange Act Release No. 73647 Reference Room, 100 F Street NE., Statement of the Purpose of, and (November 19, 2014), 79 FR 70232 (November 25, Statutory Basis for, the Proposed Rule 2014) (SR–NASDAQ–2014–087). Washington, DC 20549, on official 4 Id. business days between the hours of Change 5 See IM–5910–1(b)(1) and IM–5920–1(b)(1). 10:00 a.m. and 3:00 p.m. Copies of the In its filing with the Commission, the 6 In addition to incentivizing companies to elect filing will also be available for Exchange included statements to switch to the all-inclusive annual fee program, inspection and copying at the principal this incentive may also reduce confusion about the concerning the purpose of and basis for switch to the all-inclusive annual fee program for office of the Exchange. All comments the proposed rule change and discussed some companies. Because listing of additional received will be posted without change; any comments it received on the shares fees are billed based on a company’s public the Commission does not edit personal proposed rule change. The text of these filings, share changes could be billed after the identifying information from company has opted in and potentially not until 2016, when the company believes it should not submissions. You should submit only 34 17 CFR 200.30–3(a)(12). receive any further listing of additional shares fee information that you wish to make 1 15 U.S.C. 78s(b)(1). bills. While some of these issuances would also be available publicly. 2 17 CFR 240.19b–4. billed in 2015, Nasdaq believes that the simplicity

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addition, the company will be billed for provides for the equitable allocation of and national market system, and in 2016 and 2017 based on the lower of its reasonable dues, fees, and other charges general to protect investors and the then-current total shares outstanding or among its members, issuers and other public interest. Specifically, the the total shares outstanding reflected in persons using its facilities, and does not proposed change will not impact the information held by Nasdaq as of unfairly discriminate between resources available for Nasdaq’s listing December 31, 2015.7 As such, the customers, issuers, brokers or dealers. compliance program, which helps to number of shares outstanding reflected Nasdaq believes that the proposed assure that listing standards are in information held by Nasdaq as of incentives offered to companies that properly enforced and investors are December 31, 2015, will be the elect the all-inclusive annual listing fee protected. maximum number of shares used to starting in 2016 are reasonable, determine the company’s all-inclusive equitable and not unfairly B. Self-Regulatory Organization’s annual listing fee until at least January discriminatory. These incentives are Statement on Burden on Competition 1, 2018.8 Nasdaq does not believe that available equally to all companies and Nasdaq does not believe that the these incentives will have any adverse would provide the same benefit to all proposed rule change will result in any impact on the amount of funds available companies that make the election. burden on competition that is not for its regulatory programs. Moreover, no company is required to necessary or appropriate in furtherance The proposed rule change also opt in to the all-inclusive annual fee of the purposes of the Act, as amended. conforms certain language in IM–5920– program under this change. In addition, The market for listing services is 1 with the comparable provision of IM– as noted above, Nasdaq will accrue extremely competitive and listed 5910–1 and [sic] clarifies that total benefits from companies electing the all- companies may freely choose alternative shares outstanding includes the inclusive annual listing fee structure, venues based on the aggregate fees aggregate number of all securities including by eliminating the multiple assessed, and the value provided by outstanding for each class of listed invoices that are sent to a company each each listing. This rule proposal does not equity securities.9 In addition, the year and providing more certainty as to burden competition with other listing proposed rule change modifies the fee revenue, and the incentives are venues, which are similarly free to set schedule for ADRs and the description designed to help Nasdaq capture these their fees, but rather reflects the of how fees are assessed on a foreign benefits sooner, which is a reasonable competition between listing venues and private issuer to clarify that the all- and non-discriminatory reason to will further enhance such competition. inclusive annual fee is based not just on provide the incentives to companies. For these reasons, Nasdaq does not ‘‘shares’’ but, like a domestic company, Companies that elected to be subject to believe that the proposed rule change is based on the total of all of the foreign the all-inclusive fee during the initial will result in any burden on private issuer’s listed equity securities, opt-in period, effective for 2015, would competition for listings. including, for example, ADRs and not be disadvantaged in that they warrants, and such companies are not receive the benefit of having their fees C. Self-Regulatory Organization’s charged separately for each individual calculated based on the maximum total Statement on Comments on the equity security listed. Nasdaq also shares outstanding as of the earlier Proposed Rule Change Received From proposes to make changes to the rule December 31, 2014, date applicable to Members, Participants, or Others text to reflect that the all-inclusive fee companies that opted in during 2014, No written comments were either program has already become effective. and they received the benefits of the all- solicited or received. inclusive annual fee program for 2015. 2. Statutory Basis The proposed changes to conform III. Date of Effectiveness of the Nasdaq believes that the proposed certain language in IM–5920–1 with the Proposed Rule Change and Timing for rule change is consistent with the comparable provision of IM–5910–1, Commission Action provisions of Section 6 of the Act,10 in clarify that for both domestic and The foregoing rule change has become general, and with Sections 6(b)(4) and foreign issuers, total shares outstanding effective pursuant to Section (5) of the Act,11 in particular, in that it includes the aggregate number of all 19(b)(3)(A)(ii) of the Act 13 and securities outstanding for each class of paragraph (f) of Rule 19b–4 of ending billing of listing of additional shares fees listed equity securities, and clarify that thereunder.14 on the date the company opts-in offsets any the fee charged a foreign private issuer potential revenue lost from such bills. Share At any time within 60 days of the issuances already billed at the time the company is based not just on ‘‘shares’’ but, like filing of the proposed rule change, the submits the opt-in form will not be forgiven. a domestic company, is based on the Commission summarily may 7 Under the ordinary operation of the existing total of all equity securities outstanding, temporarily suspend such rule change if rules, companies are billed for 2016 based on the are reasonable, equitable and not total shares outstanding as of December 31, 2015. it appears to the Commission that such The incentive described will extend the use of that unfairly discriminatory in that they action is necessary or appropriate in the number of total shares outstanding for purposes of clarify Nasdaq’s calculation of fees and public interest; for the protection of determining the company’s 2017 bill. The number conform the treatment for foreign investors; or otherwise in furtherance of of shares outstanding used to calculate annual fees for 2016 and 2017 may include shares issued after private issuers with that of domestic the purposes of the Act. the company has opted in to the all-inclusive companies, allowing the aggregation of annual listing fee, if such shares are reflected in a all equity securities issued by the IV. Solicitation of Comments public filing or other information held by Nasdaq company. Interested persons are invited to as of December 31, 2015. Finally, Nasdaq believes that the submit written data, views and 8 A company that opted in during 2014 is billed until December 31, 2017, based on the lower of its proposed incentives are consistent with arguments concerning the foregoing, total shares outstanding at the time of billing or the the investor protection objectives of including whether the proposed rule total shares outstanding reflected in information Section 6(b)(5) of the Act 12 in that they change is consistent with the Act. held by Nasdaq as of December 31, 2014. are designed to promote just and Comments may be submitted by any of 9 This is the same definition of total shares outstanding used for the standard annual fee in equitable principles of trade, to remove the following methods: Rule 5910(c)(4) and 5920(c)(6). impediments to a free and open market 10 15 U.S.C. 78f. 13 15 U.S.C. 78s(b)(3)(A)(ii). 11 15 U.S.C. 78f(b)(4) and (5). 12 15 U.S.C. 78f(b)(5). 14 17 CFR 240.19b–4(f).

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Electronic Comments SECURITIES AND EXCHANGE www.msrb.org/Rules-and- Interpretations/SEC-Filings/2015- • COMMISSION Use the Commission’s Internet Filings.aspx, at the MSRB’s principal comment form (http://www.sec.gov/ [Release No. 34–75602; File No. SR–MSRB– 2015–06] office, and at the Commission’s Public rules/sro.shtml); or Reference Room. • Send an email to rule-comments@ Self-Regulatory Organizations; II. Self-Regulatory Organization’s sec.gov. Please include File Number SR– Municipal Securities Rulemaking Statement of the Purpose of, and NASDAQ–2015–087 on the subject line. Board; Notice of Filing and Immediate Statutory Basis for, the Proposed Rule Effectiveness of a Proposed Rule Change Paper Comments Change Consisting of Revisions to the In its filing with the Commission, the • Send paper comments in triplicate Electronic Municipal Market Access System, Real-Time Transaction MSRB included statements concerning to Secretary, Securities and Exchange the purpose of and basis for the Commission, 100 F Street NE., Reporting System and Short-Term Obligation Rate Transparency System proposed rule change and discussed any Washington, DC 20549–1090. comments it received on the proposed All submissions should refer to File August 4, 2015. rule change. The text of these statements Number SR–NASDAQ–2015–087. This Pursuant to Section 19(b)(1) of the may be examined at the places specified Securities Exchange Act of 1934 (the in Item IV below. The MSRB has file number should be included on the 1 2 subject line if email is used. To help the ‘‘Act’’) and Rule 19b–4 thereunder, prepared summaries, set forth in notice is hereby given that on July 23, Commission process and review your Sections A, B, and C below, of the most 2015, the Municipal Securities comments more efficiently, please use significant aspects of such statements. Rulemaking Board (the ‘‘MSRB’’ or only one method. The Commission will ‘‘Board’’) filed with the Securities and A. Self-Regulatory Organization’s post all comments on the Commission’s Exchange Commission (the ‘‘SEC’’ or Statement of the Purpose of, and Internet Web site (http://www.sec.gov/ ‘‘Commission’’) the proposed rule Statutory Basis for, the Proposed Rule rules/sro.shtml). Copies of the change as described in Items I, II, and Change submission, all subsequent III below, which Items have been 1. Purpose amendments, all written statements prepared by the MSRB. The The EMMA system is an information with respect to the proposed rule Commission is publishing this notice to facility for the collection and change that are filed with the solicit comments on the proposed rule dissemination of municipal securities Commission, and all written change from interested persons. communications relating to the disclosure documents and related I. Self-Regulatory Organization’s information. The EMMA system proposed rule change between the Statement of the Terms of Substance of includes a public Web site, the EMMA Commission and any person, other than the Proposed Rule Change portal, which provides for free public those that may be withheld from the access to disclosures and transparency public in accordance with the The MSRB filed with the Commission a proposed rule change relating to the information for municipal securities. provisions of 5 U.S.C. 552, will be RTRS is an information facility for the available for Web site viewing and MSRB’s Electronic Municipal Market Access (‘‘EMMA’’) system, Real-time collection and dissemination of printing in the Commission’s Public information about transactions Reference Room, 100 F Street NE., Transaction Reporting System (‘‘RTRS’’), and Short-Term Obligation occurring in the municipal securities Washington, DC 20549, on official Rate Transparency (‘‘SHORT’’) system. market. The SHORT system is an business days between the hours of The proposed rule change consists of information facility for the collection 10:00 a.m. and 3:00 p.m. Copies of the revisions to the facilities for the EMMA and dissemination of information and filing also will be available for system, RTRS, and SHORT system to disclosure documents about securities inspection and copying at the principal better align the language of the bearing interest at short-term rates office of the Exchange. All comments information facilities to the MSRB’s (auction rate securities and variable-rate received will be posted without change; administration of these systems. The demand obligations). The information the Commission does not edit personal proposed rule change adds references to facilities for the EMMA system, RTRS, identifying information from the MSRB’s core operational hours, and SHORT system serve to outline the submissions. You should submit only clarifies the twenty-four hours a day, high level parameters by which the information that you wish to make seven days a week (‘‘24/7’’) availability MSRB operates these systems. available publicly. All submissions of many aspects of the MSRB’s systems, The purpose of the proposed rule should refer to File Number SR– and makes minor changes of a technical change is to better align the language of NASDAQ–2015–087 and should be nature. The MSRB has filed the the information facilities for the EMMA submitted on or before August 31, 2015. proposed rule change under Section system, RTRS, and SHORT system to 3 the MSRB’s administration of these For the Commission, by the Division of 19(b)(3)(A)(iii) of the Act and Rule 19b–4(f)(6) 4 thereunder, as a systems. The proposed rule change Trading and Markets, pursuant to delegated would add references to the MSRB’s authority.15 noncontroversial rule change that renders the proposal effective upon core operational hours, clarify the 24/7 Robert W. Errett, filing. The proposed rule change would availability of many aspects of the Deputy Secretary. be made operative on August 24, 2015. MSRB’s systems and make minor [FR Doc. 2015–19538 Filed 8–7–15; 8:45 am] The text of the proposed rule change changes of a technical nature to these BILLING CODE 8011–01–P is available on the MSRB’s Web site at information facilities. These changes are more fully described below. 1 15 U.S.C. 78s(b)(1). MSRB Core Operational Hours 2 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(iii). The MSRB maintains core operational 15 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6). hours for its transparency systems of

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7:00 a.m. to 7:00 p.m. Eastern Time on aspects of the EMMA system, RTRS, and securities and municipal financial products, business days, which exclude weekends SHORT system as 24/7 services. to remove impediments to and perfect the and holidays identified on the MSRB Technological advancements to MSRB mechanism of a free and open market in System Holiday Schedule published on transparency systems enable the MSRB municipal securities and municipal financial to conduct routine maintenance and products, and, in general, to protect the MSRB Web site. Core operational investors, municipal entities, obligated hours are consistent across the EMMA system upgrades in a manner that is persons, and the public interest. system, RTRS, and SHORT system and seamless to users. Nonetheless, on rare represent those hours when the MSRB’s occasions system maintenance or The proposed rule change would resources will be more readily available upgrades may require the MSRB to contribute to the MSRB’s continuing as compared with other hours to schedule a system outage, which, to the efforts to improve market transparency respond to inquiries and incidents extent feasible, would be scheduled and to protect investors, municipal experienced by users of the MSRB’s outside of core operational hours. In entities, obligated persons and the systems. When the MSRB performs addition, in the event of a cyber attack public interest. The MSRB believes that system maintenance that risks a or security issue, the MSRB may need users of MSRB transparency systems reduction in the level of system to make components of MSRB will benefit from a clearer performance, the MSRB schedules such transparency systems unavailable to understanding of the MSRB’s maintenance whenever possible to ensure the integrity of the systems. administration of these systems. occur outside of core operational hours. Accordingly, the amendments further B. Self-Regulatory Organization’s The MSRB’s core operational hours clarify the MSRB’s ability to make Statement on Burden on Competition reflect the time period when nearly all services unavailable outside of core The proposed rule change consists of information and disclosure documents operational hours for required revisions to the information facilities for are submitted to the EMMA system, maintenance, upgrades or other the EMMA system, RTRS, and SHORT RTRS, or SHORT system. Over the purposes, or at other times as needed to system to better align the language of MSRB’s two prior fiscal years ended ensure the integrity of MSRB systems. the information facilities to the MSRB’s September 30, 2014, the EMMA system Minor Changes of a Technical Nature administration of these systems. The received 97.4% of all submissions of proposed rule change seeks to clarify disclosure documents, the RTRS The proposed rule change includes existing services and make minor received 99.3% of all submissions of three minor changes of a technical changes of a technical nature to the information, and the SHORT system nature. First, the EMMA system enables information facilities. The proposed rule received 99.6% of all submissions of users to request periodic email alerts change will not modify the manner in information and 99.8% of all based on the reporting of trade data or which the MSRB administers these submissions of disclosure documents availability of disclosure documents for systems. Accordingly, the MSRB does during the hours of 7:00 a.m. to 7:00 a specific security. The EMMA system’s not believe that the proposed rule p.m. Eastern Time on business days. information facility language currently does not reflect all of the information change will result in any burden on The information facilities for the and disclosures for which a user can competition that is not necessary or EMMA and SHORT systems currently request an email alert; the proposed rule appropriate in furtherance of the Act. note that the systems are expected to change clarifies the availability of this operate at the highest performance C. Self-Regulatory Organization’s service. Second, the information during the hours of 8:30 a.m. to 6:00 Statement on Comments on the facilities for the EMMA system, RTRS, p.m. Eastern Time. The RTRS Proposed Rule Change Received From and SHORT system currently use information facility does not specifically Members, Participants, or Others inconsistent abbreviations for ante reference the timeframe in which the meridiem and post meridiem as well as Written comments were neither system experiences the highest inconsistent references that the time solicited nor received on the proposed performance. The proposed rule change noted shall reflect Eastern Time; the rule change. would provide that the core operational proposed rule change would state all hours for each system, the EMMA III. Date of Effectiveness of the time conventions in a consistent system, RTRS, and SHORT system, are Proposed Rule Change and Timing for manner. Third, the proposed rule 7:00 a.m. to 7:00 p.m. Eastern Time. Commission Action change would correct a reference in the 24/7 System Availability SHORT system information facility Because the foregoing proposed rule regarding future subscription products change does not: (i) Significantly affect Many aspects of the EMMA system, as the MSRB has since made such the protection of investors or the public RTRS, and SHORT system have 24/7 subscription products available. interest; (ii) impose any significant availability. Since implementation of burden on competition; and (iii) become the EMMA and SHORT systems, the 2. Statutory Basis operative for 30 days from the date on MSRB has maintained, as 24/7 services, The MSRB believes that the proposed which it was filed, or such shorter time the EMMA portal and the submission rule change is consistent with the as the Commission may designate, it has processes for submitting disclosure provisions of Section 15B(b)(2)(C) of the become effective pursuant to Section documents to the EMMA and SHORT Act,6 which provides that the MSRB’s 19(b)(3)(A) of the Act 7 and Rule 19b– systems. The RTRS web interface also rules shall: 4(f)(6) thereunder.8 has been maintained for brokers, dealers At any time within 60 days of the and municipal securities dealers be designed to prevent fraudulent and manipulative acts and practices, to promote filing of the proposed rule change, the (‘‘dealers’’) to view their submitted trade just and equitable principles of trade, to Commission summarily may 5 data on a 24/7 basis since 2007. The foster cooperation and coordination with temporarily suspend such rule change if proposed rule change would formally persons engaged in regulating, clearing, it appears to the Commission that such highlight that the MSRB maintains these settling, processing information with respect action is necessary or appropriate in the to, and facilitating transactions in municipal 5 See ‘‘RTRS Web Enhancement: Extended 7 15 U.S.C. 78s(b)(3)(A). Hours,’’ MSRB Notice 2007–26 (August 22, 2007). 6 15 U.S.C. 78o–4(b)(2)(C). 8 17 CFR 240.19b–4(f)(6).

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public interest, for the protection of For the Commission, pursuant to delegated an ‘‘early stage company’’ listed on the investors, or otherwise in furtherance of authority.9 Exchange from having to obtain the purposes of the Act. Robert W. Errett, shareholder approval, under certain Deputy Secretary. circumstances, before issuing shares of IV. Solicitation of Comments [FR Doc. 2015–19539 Filed 8–7–15; 8:45 am] common stock, or securities convertible BILLING CODE 8011–01–P into or exercisable for common stock, to Interested persons are invited to 6 submit written data, views, and a (1) director, officer or substantial security holder 7 of the company arguments concerning the foregoing, SECURITIES AND EXCHANGE (‘‘Related Party’’ or ‘‘Related Parties’’), including whether the proposed rule COMMISSION (2) subsidiary, affiliate or closely-related change is consistent with the Act. person of a Related Party or (3) company Comments may be submitted by any of [Release No. 34–75599; File No. SR–NYSE– 2015–02] or entity in which a Related Party has the following methods: a substantial direct or indirect interest Electronic Comments Self-Regulatory Organizations; New (together, a ‘‘Proposed Exempted Party’’ York Stock Exchange LLC; Order or ’’ Proposed Exempted Parties’’).8 In • Use the Commission’s Internet Instituting Proceedings To Determine particular, shareholder approval would comment form (http://www.sec.gov/ Whether To Disapprove Proposed Rule no longer be required for an ‘‘early stage rules/sro.shtml); or Change Amending Sections 312.03(b) company,’’ 9 before the issuance of • Send an email to rule-comments@ and 312.04 of the NYSE Listed shares for cash to a Proposed Exempted sec.gov. Please include File Number SR– Company Manual To Exempt Early Party, provided that the company’s audit committee or a comparable MSRB–2015–06 on the subject line. Stage Companies From Having To Obtain Shareholder Approval Before committee comprised solely of Paper Comments Issuing Shares for Cash to Related independent directors reviews and approves of all such transactions prior • Parties, Affiliates of Related Parties or Send paper comments in triplicate Entities in Which a Related Party Has to their completion. Today, shareholder to Secretary, Securities and Exchange a Substantial Interest approval would be required prior to the Commission, 100 F Street NE., issuance of shares, among other things, Washington, DC 20549. August 4, 2015. where the number of shares to be issued to the Proposed Exempted Party exceeds All submissions should refer to File I. Introduction either 1% of the number of shares of Number SR–MSRB–2015–06. This file On April 16, 2015, New York Stock common stock or 1% of the voting number should be included on the Exchange LLC (‘‘NYSE’’ or the power outstanding before the issuance subject line if email is used. To help the ‘‘Exchange’’) filed with the Securities (or 5% of the number of shares or voting Commission process and review your and Exchange Commission power, if the Related Party is classified comments more efficiently, please use (‘‘Commission’’), pursuant to Section as such solely because it is a substantial only one method. The Commission will 19(b)(1) of the Securities Exchange Act security holder, and the issuance relates post all comments on the Commission’s of 1934 (‘‘Act’’) 1 and Rule 19b–4 to a sale of stock for cash, at a price at Internet Web site (http://www.sec.gov/ thereunder,2 a proposed rule change to least as great as each of the book and rules/sro.shtml). Copies of the exempt early stage companies from market value of the company’s common submission, all subsequent having to obtain shareholder approval stock).10 amendments, all written statements before issuing shares to related parties, with respect to the proposed rule affiliates of related parties or entities in 6 Section 312.04(h) of the Manual states that the change that are filed with the which a related party has a substantial term ‘‘officer’’ has the same meaning as defined by Commission, and all written interest. The proposed rule change was the Commission in Rule 16a–1(f) under the Act. 7 Section 312.04(e) of the Manual states that an communications relating to the published for comment in the Federal 3 interest consisting of less than either 5% percent of proposed rule change between the Register on May 6, 2015. The the number of shares of common stock or 5% of the Commission and any person, other than Commission received no comment voting power outstanding of a company or entity those that may be withheld from the letters on the proposal. On June 18, shall not be considered a substantial interest or 2015, the Commission designated a cause the holder of such an interest to be regarded public in accordance with the as a substantial security holder. provisions of 5 U.S.C. 552, will be longer period for Commission action on 8 The Commission notes that there is an available for Web site viewing and the proposed rule change, until August inconsistency between the proposed rule text in 4, 2015.4 This order institutes Exhibit 5 and the proposed shareholder approval printing in the Commission’s Public exception discussed in the Notice. The proposed Reference Room, 100 F Street NE., proceedings under Section 19(b)(2)(B) of 5 rule text in Exhibit 5 states that the exception only Washington, DC 20549 on official the Act to determine whether to applies to Related Parties, which is defined in business days between the hours of disapprove the proposed rule change. Section 312.03(b)(1) of the Manual. However, the Notice clearly states that the proposed rule change 10:00 a.m. and 3:00 p.m. Copies of the II. Description of the Proposal is meant to apply to all Proposed Exempted Parties, filing also will be available for The Exchange proposes to amend as set forth in Sections 312.03(b)(1), (2), and (3) of inspection and copying at the principal the Manual, not just Related Parties under Section Sections 312.03(b) and 312.04 of the 312.03(b)(1) of the Manual. See Notice, supra note office of the MSRB. All comments NYSE Listed Company Manual 3, at 26119. received will be posted without change; (‘‘Manual’’) to provide an exemption to 9 See supra notes 11 through 13 and the Commission does not edit personal accompanying text. 10 identifying information from 9 17 CFR 200.30–3(a)(12). The Exchange states that neither The NASDAQ Stock Market LLC (‘‘NASDAQ’’) nor NYSE MKT submissions. You should submit only 1 15 U.S.C. 78s(b)(1). LLC has a rule comparable to Section 312.03(b) 2 information that you wish to make 17 CFR 240.19b–4. requiring listed companies to obtain shareholder available publicly. All submissions 3 See Securities Exchange Act Release No. 74849 approval prior to 1% (or in certain cases 5%) share should refer to File Number SR–MSRB– (April 30, 2015), 80 FR 26118 (‘‘Notice’’). issuances in cash sales to a Proposed Exempted 4 2015–06 and should be submitted on or See Securities Exchange Act Release No. 75248 Party. See Notice, supra note 3, at 26120. Thus, the (June 18, 2015), 80 FR 36385 (June 24, 2015). Exchange believes the proposed rule change is before August 31, 2015. 5 15 U.S.C. 78s(b)(2)(B). necessary to enable the Exchange to compete with

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The Exchange also proposes to amend Sections 312.03(c) 15 and 312.03(d) 16 Pursuant to Section 19(b)(2)(B) of the Section 312.04 to include a definition of would still be applicable.17 Act,19 the Commission is providing the term ‘‘early stage company.’’ 11 The Lastly, the Exchange also proposes to notice of the grounds for disapproval Exchange proposes to define an early delete obsolete text from Section 312.03 under consideration. The Commission is stage company as a company that has of the Manual related to a limited instituting proceedings to allow for not reported revenues greater than $20 transition period that is no longer additional analysis of, and input from commenters with respect to, the million in any two consecutive fiscal relevant. years since its incorporation. Further, an consistency of the proposed rule change 20 early stage company would lose that III. Proceedings To Determine Whether with Section 6(b)(5) of the Act, which designation at any time after listing on To Approve or Disapprove SR–NYSE– requires that the rules of a national securities exchange be designed, among the Exchange that the company files an 2015–02 and Grounds for Disapproval Under Consideration other things, to prevent fraudulent and annual report with the Commission in manipulative acts and practices, to which the company reports two The Commission is instituting promote just and equitable principles of consecutive fiscal years with revenues proceedings pursuant to Section trade, to remove impediments to and greater than $20 million in each year.12 19(b)(2)(B) of the Act 18 to determine perfect the mechanism of a free and The Exchange represents that a whether the proposed rule change open market and a national market company’s annual financial statements should be disapproved. Institution of system and, in general, to protect prior to listing on the Exchange would such proceedings appears appropriate at investors and the public interest. also be considered when determining if this time in view of the legal and policy As discussed above, the Exchange the company should lose its early stage issues raised by the proposal, as proposes to amend Sections 312.03(b) company designation.13 discussed below. Institution of and 312.04 of the Manual, in order to The Exchange also states that any disapproval proceedings does not exempt early stage companies from having to obtain shareholder approval issuance of shares that is not a sale for indicate that the Commission has before issuing a substantial amount of cash, including any issuance in reached any conclusions with respect to shares for cash, even at a discount from connection with the acquisition of stock any of the issues involved. Rather, as described in greater detail below, the book and market value, to Related or assets of another company, would Parties, namely officers, directors and remain subject to the shareholder Commission seeks and encourages interested persons to comment on the substantial security holders, as well as approval provisions of Section 312.03(b) the other Proposed Exempted Parties.21 of the Manual.14 Additionally, the proposed rule change to inform the Commission’s analysis whether to Although the Exchange conditions its Exchange highlights that under Section approve or disapprove the proposed proposed exemption on the company 312.04(a) of the Manual, an exemption rule change. obtaining the approval of the transaction from one provision of Section 312.03 is by its audit committee (or comparable not a general exemption from all of committee comprised solely of 15 Section 312.03(c) of the Manual, with certain Section 312.03. Therefore, exceptions, requires shareholder approval of any independent directors), the Commission notwithstanding that a transaction by an issuance of securities in any transaction or related is concerned that audit committee early stage company may have an transactions relating to 20% of more of a listed approval may not be an effective company’s stock before the issuance. When substitute for the approval of exemption under the proposed applying Section 312.03(c), the Exchange states that amendments to Sections 312.03(b) of the it reviews issuances to determine whether they are shareholders, whose interests would be Manual, the Exchange states that related and should be aggregated for purposes of the directly impacted by the potentially shareholder approval requirements of rule. See Notice, supra note 3, at 26120. The dilutive effect of such a transaction. In Exchange analyzes the relationship between addition, while the Exchange believes separate stock issuances if they occur within a short period of time, are made to the same or related that the proposal would benefit parties, or if there is a common use of proceeds. See shareholders of early stage companies id. The Exchange represents that it would engage because it could allow those companies in this analysis with respect to any series of sales to raise additional capital quickly and made by an early stage company to a Related Party. See id. Moreover, should the Exchange determine inexpensively, any such benefit must be that it is necessary to aggregate the series of sales weighed against the potentially and, as aggregated, the total number of shares sold detrimental impact of a dilutive NASDAQ for the listing of early stage companies. exceeds 19.9% of the shares outstanding, transaction on shareholders who would See id. shareholder approval would be required pursuant no longer have the right to approve it.22 11 See proposed Section 312.04(k) of the Manual. to Section 312.03(c). See id. 16 12 The Exchange believes that only a small Section 312.03(d) of the Manual requires 19 Id. number of currently listed companies would qualify shareholder approval prior to an issuance giving rise to a change of control. 20 15 U.S.C. 78f(b)(5). under the proposed exemption from shareholder 17 See Notice, supra note 3, at 26119–20. The 21 See supra notes 6 and 7. approval. See Notice, supra note 3, at 26120. Commission notes, however, that Section 22 13 The Commission also notes that the Exchange See Notice, supra note 3, at 26119, n.6. As an 312.03(c)(2) of the Manual contains an exception for has not addressed how the proposal is consistent example, the Exchanges states that if a company sales of common stock (or securities convertible with the shareholder approval requirements of files an annual report with the Commission one into common stock) for cash in a ‘‘bona fide private Section 303A.08 of the Manual that generally year after listing on the Exchange and such annual financing,’’ as defined in Section 312.04(g), if requires that shareholders must be given the report shows that the company has had revenues certain requirements are met. opportunity to vote on all equity-compensation greater than $20 million in each of two consecutive 18 15 U.S.C. 78s(b)(2)(B). Section 19(b)(2) of the plans and material revisions thereto, with limited years (even if one of those years was prior to listing Act also provides that proceedings to determine exemptions. Under Section 303A.08, an equity- on the Exchange), the company would lose its early whether to disapprove a proposed rule change must compensation plan is defined as a plan or other stage company designation at that time. See id. be concluded within 180 days of the date of arrangement that provides for the delivery of equity publication of notice of the filing of the proposed securities of the listed company to any employee, Moreover, once the early stage company rule change. See id. The time for conclusion of the director or other service provider as compensation designation is lost, it cannot be regained if the proceedings may be extended for up to 60 days if for services. The definition specifically states subject company later reports reduced revenues. the Commission finds good cause for such ‘‘[E]ven a compensatory grant of options or other See id. at 26120. extension and publishes its reasons for so finding. equity securities that is not made under a plan is, 14 See Notice, supra note 3, at 26119. See id. Continued

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The Commission therefore believes proposed rule change, in addition to any For the Commission, by the Division of that questions are raised as to whether other comments they may wish to Trading and Markets, pursuant to delegated the proposed rule change is consistent submit about the proposed rule change. authority.26 with the requirements of Section 6(b)(5) In particular, the Commission seeks Robert W. Errett, of the Act, including whether it would comment on the statements of the Deputy Secretary. be designed to promote just and Exchange contained in the Notice,25 and [FR Doc. 2015–19536 Filed 8–7–15; 8:45 am] equitable principles of trade, and any other issues raised by the proposed BILLING CODE 8011–01–P protect investors and the public interest. rule change. IV. Procedure: Request for Written Comments may be submitted by any SECURITIES AND EXCHANGE Comments of the following methods: COMMISSION The Commission requests that Electronic Comments [Release No. 34–75603; File No. SR–MIAX– interested persons provide written • submissions of their views, data, and Use the Commission’s Internet 2015–49] arguments with respect to the concerns comment form (http://www.sec.gov/ rules/sro.shtml); or Self-Regulatory Organizations; Miami identified above, as well as any others International Securities Exchange LLC; • Send an email to rule-comments@ they may have with the proposal. In Notice of Filing and Immediate sec.gov. Please include File Number SR– particular, the Commission invites the Effectiveness of a Proposed Rule NYSE–2015–02 on the subject line. written views of interested persons Change To Amend Its Fee Schedule concerning whether the proposed rule Paper Comments change is inconsistent with Section August 4, 2015. 6(b)(5) 23 or any other provision of the • Send paper comments in triplicate Pursuant to the provisions of section Act, or the rules and regulation to Brent J. Fields, Secretary, Securities 19(b)(1) of the Securities Exchange Act thereunder. Although there do not and Exchange Commission, 100 F Street of 1934 (‘‘Act’’),1 and Rule 19b-4 appear to be any issues relevant to NE., Washington, DC 20549–1090. thereunder,2 notice is hereby given that approval or disapproval which would All submissions should refer to File on July 30, 2015, Miami International be facilitated by an oral presentation of Number SR–NYSE–2015–02. This file Securities Exchange LLC (‘‘MIAX’’ or views, data, and arguments, the ‘‘Exchange’’) filed with the Securities Commission will consider, pursuant to number should be included on the subject line if email is used. To help the and Exchange Commission Rule 19b-4, any request for an (‘‘Commission’’) a proposed rule change opportunity to make an oral Commission process and review your comments more efficiently, please use as described in Items I, II, and III below, presentation.24 which Items have been prepared by the Interested persons are invited to only one method. The Commission will post all comments on the Commission’s Exchange. The Commission is submit written data, views, and publishing this notice to solicit arguments regarding whether the Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the comments on the proposed rule change proposed rule change should be from interested persons. disapproved by August 31, 2015. Any submission, all subsequent person who wishes to file a rebuttal to amendments, all written statements I. Self-Regulatory Organization’s any other person’s submission must file with respect to the proposed rule Statement of the Terms of Substance of that rebuttal by September 14, 2015. The change that are filed with the the Proposed Rule Change Commission, and all written Commission asks that commenters The Exchange is filing a proposal to communications relating to the address the sufficiency and merit of the amend the MIAX Options Fee Schedule. proposed rule change between the Exchange’s statements in support of the The text of the proposed rule change Commission and any person, other than is available on the Exchange’s Web site those that may be withheld from the nonetheless, an ‘equity-compensation plan’’’ for at http://www.miaxoptions.com/filter/ purposes of the rule. Section 303A.08 also lists public in accordance with the wotitle/rule_filing, at MIAX’s principal certain plans that would not be considered equity provisions of 5 U.S.C. 552, will be office, and at the Commission’s Public compensation plans under its definition, for available for Web site viewing and example, plans that are made available to Reference Room. shareholders generally, such as a typical dividend printing in the Commission’s Public reinvestment plan, and plans that merely allow Reference Room, 100 F Street NE., II. Self-Regulatory Organization’s employees, directors or other service providers to Washington, DC 20549, on official Statement of the Purpose of, and elect to buy shares on the open market or from the listed company for their current fair market value. business days between the hours of Statutory Basis for, the Proposed Rule The Commission notes that, in approving the equity 10:00 a.m. and 3:00 p.m. Copies of such Change compensation rules, it stated that the rules should filing also will be available for In its filing with the Commission, the have the effect of safeguarding the interests of inspection and copying at the principal shareholders, while placing certain restrictions on Exchange included statements listed companies, and provide shareholders with office of the Exchange. All comments concerning the purpose of and basis for greater protection from the potential dilutive effect received will be posted without change; the proposed rule change and discussed of equity compensation plans. See Securities the Commission does not edit personal any comments it received on the Exchange Act Release No. 48108 (June 30, 2003), 68 identifying information from FR 39995 (July 3, 2003) (SR–NYSE–2002–46 and proposed rule change. The text of these SR–NASD–2002–140). submissions. You should submit only statements may be examined at the 23 15 U.S.C. 78f(b)(5). information that you wish to make places specified in Item IV below. The 24 Section 19(b)(2) of the Act, as amended by the available publicly. All submissions Exchange has prepared summaries, set Securities Act Amendments of 1975, Pub. L. 94–29 should refer to File Number SR–NYSE– (June 4, 1975), grants the Commission flexibility to forth in sections A, B, and C below, of determine what type of proceeding—either oral or 2015–02 and should be submitted on or the most significant aspects of such notice and opportunity for written comments—is before August 31, 2015. Rebuttal statements. appropriate for consideration of a particular comments should be submitted by proposal by a self-regulatory organization. See September 14, 2015. 26 Securities Act Amendments of 1975, Senate Comm. 17 CFR 200.30–3(a)(57). on Banking, Housing & Urban Affairs, S. Rep. No. 1 15 U.S.C. 78s(b)(1). 75, 94th Cong., 1st Sess. 30 (1975). 25 See Notice, supra note 3. 2 17 CFR 240.19b-4.

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A. Self-Regulatory Organization’s initiating orders.6 The Exchange also transactions.11 Additionally, the Statement of the Purpose of, and notes that QCC orders comprised of proposed fee would be charged to all Statutory Basis for, the Proposed Rule mini-contracts will be assessed QCC non-Priority Customers alike. Assessing Change fees and afforded rebates equal to 10% QCC rates to all market participants of the fees and rebates applicable to except Priority Customers is equitable 1. Purpose QCC Orders comprised of standard and not unfairly discriminatory because The Exchange proposes to amend its option contracts. The Exchange is also Priority Customer order flow enhances Fee Schedule to adopt transaction fees proposing to amend Section 1(b) of the liquidity on the Exchange for the benefit for Qualified Contingent Cross (‘‘QCC’’) Fee Schedule to reflect that MIAX will of all market participants. Specifically, transactions. A QCC Order is comprised not assess a Marketing Fee 7 for Priority Customer liquidity benefits all of an order to buy or sell at least 1,000 contracts executed as a QCC, and will market participants by providing more contracts (or 10,000 mini-option not assess the additional Posted trading opportunities, which attracts contracts) that is identified as being part Liquidity Marketing Fee 8 to Market Market-Makers. An increase in the of a qualified contingent trade, coupled Makers for contracts executed as QCC activity of these market participants in with a contra side order to buy or sell Orders. turn facilitates tighter spreads, which an equal number of contracts. The Finally, the Exchange proposes to may cause an additional corresponding Exchange is proposing to establish fees provide that QCC Orders are excluded increase in order flow from other market for QCC Orders to coincide with the from: (i) The volume threshold participants. By exempting Priority acceptance of QCC Orders on the calculations for the Market Maker Customer orders, the QCC transaction Exchange beginning August 1, 2015. Sliding Scale; (ii) and the rebates and fees will not discourage the sending of volume calculations as part of the The proposed fees are based on the Priority Customer orders. Priority Customer Rebate Program. The The Exchange believes the proposed substantially similar fees of another Exchange believes that excluding QCC rebate for the initiating order side of a competing options exchange.3 Orders from these fees and rebates is QCC transaction is reasonable because The Exchange proposes to establish a appropriate, because QCC Orders from other competing exchanges also provide transaction fee for all non-Priority Market Makers and Priority Customers a rebate on the initiating order side. 4 Customer QCC Orders of $0.15 per will be subject to the specific Additionally, the proposed credit contract side (Priority Customer orders transaction fees as described above that amount is within the range of the rebate will not be assessed a charge). In are tailored specifically for encouraging amounts at the other competing addition, the Exchange proposes to market participants to transact QCC exchanges.12 The Exchange believes the adopt a $0.10 per contract credit for the Orders on the Exchange. The Exchange proposed credit is equitable and not initiating order side, regardless of origin does not believe that it is necessary at unfairly discriminatory because it code. The Exchange proposes to this time to extend the favorable volume applies to all Members that enter the explicitly provide in the Fee Schedule fee rates nor the rebate program to QCC initiating order (except for when both that the credit will be paid to the Orders. the initiator and contra-side orders are Member that enters the order into the The Exchange proposes to implement Priority Customers) and because it is System, but will only be paid on the the proposed changes beginning August intended to incentivize the sending of initiating side of the QCC transaction. 1, 2015. more QCC Orders to the Exchange. The However, no rebates will be paid for 2. Statutory Basis Exchange believes it is reasonable, QCC transactions in which both the equitable and not unfairly initiator and contra-side orders are The Exchange believes that its discriminatory to not provide a rebate Priority Customers. proposal to amend its fee schedule is 9 for the initiating order for QCC Additionally, the Exchange proposes consistent with section 6(b) of the Act transactions for which both the initiator to state explicitly in the Fee Schedule in general, and furthers the objectives of 10 and the contra-side orders are Priority that a QCC transaction is comprised of section 6(b)(4) of the Act in particular, Customers since Priority Customers are an ‘initiating order’ to buy (sell) at least in that it is an equitable allocation of already incentivized by a reduced fee 1,000 contracts or 10,000 mini-option reasonable fees and other charges among for submitting QCC Orders. The contracts, coupled with a contra-side Exchange members. Exchange believes that the proposed The Exchange believes the proposed order to sell (buy) an equal number of exclusion of QCC Orders from the 5 transaction fee for QCC Orders is contracts. The Exchange notes that Market Maker Sliding Scale and the reasonable because the proposed with regard to order entry, the first order Priority Customer Rebate Program is amount is in line with the amount submitted into the system is marked as reasonable because it enables QCC assessed at other Exchanges for similar the initiating side and the second order Orders from all market participants to is marked as the contra side be subject to only the specific 6 See Chicago Board Options Exchange, Fees The purpose of these changes is to Schedule; International Securities Exchange, LLC transaction fees as described above that incentivize the sending of QCC Orders (‘‘ISE’’) Schedule of Fees. are tailored specifically for encouraging to the Exchange. The Exchange notes 7 MIAX assesses a Marketing Fee to all Market market participants to transact QCC that other competing exchanges Makers for contracts, including mini options, they Orders on the Exchange. The Exchange execute in their assigned classes when the contra- similarly provide rebates on QCC party to the execution is a Priority Customer. See believes that the exclusion is equitable Fee Schedule section 1(b). and not unfairly discriminatory because 3 See Securities Exchange Act Release No. 75321 8 MIAX assesses an additional $0.12 per contract it ensures all market participants, other (June 29, 2015), 80 FR 38489 (July 6, 2015) (SR– Posted Liquidity Marketing Fee to all Market than Priority Customers, to be subject to CBOE–2015–059). Makers for any standard options overlying EEM, the same transaction fee for QCC Orders. 4 The term ‘‘Priority Customer’’ means a person GLD, IWM, QQQ, and SPY that Market Makers or entity that (i) is not a broker or dealer in execute in their assigned class when the contra- While Priority Customers will benefit securities, and (ii) does not place more than 390 party to the execution is a Priority Customer and orders in listed options per day on average during the Priority Customer order was posted on the 11 See Chicago Board Options Exchange, Inc. Fees a calendar month for its own beneficial accounts(s). MIAX Book at the time of the execution. Id. Schedule; International Securities Exchange, LLC See Exchange Rule 100. 9 15 U.S.C. 78f(b). (‘‘ISE’’) Schedule of Fees. 5 See Exchange Rule 516(j). 10 15 U.S.C. 78f(b)(4). 12 See id.

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from a lower transaction fee rate for proposed rule change, the Commission information that you wish to make QCC Orders, excluding QCC Orders summarily may temporarily suspend available publicly. All submissions from the Priority Customer Rebate such rule change if it appears to the should refer to File Number SR–MIAX– Program enables a more equitable and Commission that such action is 2015–49, and should be submitted on or not unfairly discriminatory outcome. necessary or appropriate in the public before August 31, 2015. The Exchange further believes that interest, for the protection of investors, For the Commission, by the Division of not assessing a Marketing Fee for or otherwise in furtherance of the Trading and Markets, pursuant to delegated contracts executed as a QCC, and not purposes of the Act. If the Commission authority.14 assessing the additional Posted takes such action, the Commission shall Robert W. Errett, Liquidity Marketing Fee to Market institute proceedings to determine Deputy Secretary. Makers for contracts executed as a QCC whether the proposed rule should be [FR Doc. 2015–19540 Filed 8–7–15; 8:45 am] Order is equitable and not unfairly approved or disapproved. discriminatory because such order types BILLING CODE 8011–01–P IV. Solicitation of Comments are originated from the same Member organization, thus obviating the purpose Interested persons are invited to of the Marketing Fees. Finally, the submit written data, views, and SMALL BUSINESS ADMINISTRATION Exchange believes that the proposed arguments concerning the foregoing, Privacy Act of 1974: System of change to the Fee Schedule specifying including whether the proposed rule Records that QCC orders comprised of mini- change is consistent with the Act. contracts will be assessed QCC fees and Comments may be submitted by any of AGENCY: Small Business Administration. afforded rebates equal to 10% of the fees the following methods: ACTION: Notice of Revision of Privacy and rebates applicable to QCC Orders Electronic Comments Act System of Records. comprised of standard option contracts • is equitable and not unfairly Use the Commission’s Internet SUMMARY: SBA is amending its Privacy discriminatory because it clearly and comment form (http://www.sec.gov/ Act system of records notice titled, transparently describes the fees rules/sro.shtml); or Business and Community Initiatives • Send an email to rule-comments@ applicable to QCC Orders involving Resource Files, SBA–5 to clarify the sec.gov. Please include File Number SR– mini-contracts for all MIAX categories of individuals and categories MIAX–2015–49 on the subject line. participants. of records that are covered by that Paper Comments systems of records and also to change B. Self-Regulatory Organization’s the title of the system of records. • Send paper comments in triplicate Statement on Burden on Competition Publication of this notice complies with to Brent J. Fields, Secretary, Securities The Exchange does not believe that and Exchange Commission, 100 F Street the Privacy Act and the Office of the proposed rule change will impose NE., Washington, DC 20549–1090. Management and Budget (OMB) any burden on competition not Circular A–130 requirement for agencies necessary or appropriate in furtherance All submissions should refer to File to publish a notice in the Federal of the purposes of the Act, because the Number SR–MIAX–2015–49. This file Register whenever the agency alters a proposed rule change applies to all number should be included on the system of records. subject line if email is used. To help the Members. The Exchange believes this DATES: Comment Date: Submit proposal will not cause an unnecessary Commission process and review your comments more efficiently, please use comments by September 9, 2015. burden on intermarket competition Effective Date: The changes to this only one method. The Commission will because the proposed changes will system of records will become effective post all comments on the Commission’s actually enhance the competiveness of September 24, 2015 unless comments Internet Web site (http://www.sec.gov/ the Exchange relative to other exchanges are received that result in further rules/sro.shtml). Copies of the which offer comparable fees and rebates revision. for QCC transactions. To the extent that submission, all subsequent amendments, all written statements ADDRESSES: Submit written comments the proposed changes make the to Linda Di Giandomenico, Acting Chief Exchange a more attractive marketplace with respect to the proposed rule change that are filed with the Freedom of Information/Privacy Acts for market participants at other Office, U. S. Small Business exchanges, such market participants are Commission, and all written communications relating to the Administration, 409 3rd Street SW., welcome to become market participants Washington, DC 20416. on the Exchange. proposed rule change between the Commission and any person, other than FOR FURTHER INFORMATION CONTACT: C. Self-Regulatory Organization’s those that may be withheld from the Linda Di Giandomenico, Acting Chief Statement on Comments on the public in accordance with the Freedom of Information/Privacy Acts Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be Office, (202) 401–8203. Members, Participants, or Others available for Web site viewing and SUPPLEMENTARY INFORMATION: A system Written comments were neither printing in the Commission’s Public of records (SOR) is a group of any solicited nor received. Reference Room, 100 F Street NE., records under the control of a federal Washington, DC 20549 on official agency from which information is III. Date of Effectiveness of the business days between the hours of retrieved by the name of an individual Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of such or by a number, symbol or other Commission Action filing also will be available for identifier assigned to the individual. The foregoing rule change has become inspection and copying at the principal The Privacy Act, 5 U.S.C. 552a, requires effective pursuant to section office of the Exchange. All comments each federal agency to publish in the 19(b)(3)(A)(ii) of the Act.13 At any time received will be posted without change; Federal Register a system of records within 60 days of the filing of the the Commission does not edit personal notice (SORN) identifying and identifying information from 13 15 U.S.C. 78s(b)(3)(A)(ii). submissions. You should submit only 14 17 CFR 200.30–3(a)(12).

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describing each system of records the SYSTEM NAME: litigation, and the use of such records by agency maintains, the purposes for Business and Entrepreneurial DOJ is deemed by SBA to be relevant which the agency uses the personally Initiatives for Small Businesses and necessary to the litigation, identifiable information (PII) in the provided, however, that in each case, SYSTEM LOCATION: system, the routine uses for which the SBA determines the disclosure of the agency discloses such information Headquarters (HQ) and All SBA Field records to DOJ is a use of the outside the agency, and how individuals Offices information contained in the records can exercise their rights related to their CATEGORIES OF INDIVIDUALS COVERED BY THE that is compatible with the purpose for PII information. SYSTEM INCLUDE: which the records were collected: SBA, Individuals who participate in or any component thereof; any SBA The PII information maintained in employee in their official capacity; any SBA’s Business and Community programs and activities (e.g., training, outreach, marketing, and matchmaking SBA employee in their individual Initiatives Resource Files system of capacity where DOJ has agreed to records SBA–5, is collected in activities) that are conducted by SBA, its contractors, agents, or co-sponsors to represent the employee; or the United connection with various business and States Government, where SBA entrepreneurial education initiatives promote and implement various business and entrepreneurial initiatives. determines that litigation is likely to carried out by SBA to further its mission affect SBA or any of its components. of helping small businesses or potential These individuals include military service members, military dependents e. In a proceeding before a court, or small business owners. SBA uses the adjudicative body, or a dispute information to, among other things, and veterans who register to attend or otherwise participate in these programs resolution body before which SBA is register eligible participants, report and activities such as but not limited to authorized to appear or before which overall participation, and gain insight Boots to Business: Introduction to any of the following is a party to into participants’ entrepreneurial goals, Entrepreneurship, Foundations of litigation or has an interest in litigation, knowledge and experience. The Entrepreneurship, and Reboot. provided, however, that SBA information is also used to maintain a determines that the use of such records list of registrants, instructors, and other CATEGORIES OF RECORDS IN THE SYSTEM: is relevant and necessary to the participants in the SBA entrepreneurial Biographical and other identifying litigation, and that, in each case, SBA initiatives to facilitate the agency’s information, including: name, physical determines that disclosure of the Customer Relationship Management and/or email address, telephone number records to a court or other adjudicative (CRM) capability to follow-up on (and other contact information), age body is a use of the information additional initiatives, course feedback range, race, ethnicity, military pay contained in the records that is a or other types of information. This grade, veteran and discharge status, compatible purpose for which the system of records is separate from the previous and current business records were collected: SBA, or any SBA SBA–11, Entrepreneurial ownership data (name of business, Web SBA component; any SBA employee in Development Management Information site, industry) and future self- their official capacity; any SBA System, which covers information employment aspirations. employee in their individual capacity where DOJ has agreed to represent the collected from those using SBA’s AUTHORITY FOR MAINTENANCE OF THE SYSTEM: business counseling and assistance employee; or The United States 5 U.S.C. 634(b)(6), 44 U.S.C. 3101. services, provided by SBA’s resource Government, where SBA determines partners, including Small Business ROUTINE USES OF RECORDS MAINTAINED IN THE that litigation is likely to affect SBA or Development Centers, SCORE, and SYSTEM INCLUDING CATEGORIES OF USERS AND any of its components. Women Business Centers. THE PURPOSES OF SUCH USES: f. To appropriate agencies, entities, These records and information in the and persons when: SBA suspects or has SBA is changing the title of the confirmed that the security or system of records, SBA–5 to ‘‘Business records may be used, disclosed, or referred: confidentiality of information in the and Entrepreneurial Initiatives for Small system records has been compromised; Businesses.’’ The agency believes this a. To coordinators of the various SBA business development and SBA has determined that as a result of title more accurately conveys the scope entrepreneurial events, such as training, the suspected or confirmed compromise of the source of the information outreach, marketing, and matchmaking there is a risk of harm to economic or maintained in the system. This revised activities. property interests, identify theft or name should also help affected persons b. To a Congressional office from an fraud, or harm to the security of identify which system if any governs individual’s record, when that office is integrity of this system or other systems their PII information. SBA is also inquiring on the individual’s behalf; the or programs (whether maintained by the amending the categories of individuals Member’s access rights are no greater Agency or entity) that rely upon the and categories of records covered by than the individual’s. compromised information; and the SBA–5 to more explicitly identify the c. To SBA volunteers, contractors, disclosure made to such agencies, persons and records maintained in the interns, grantees, or co-sponsors who entities and persons is reasonably system of records. The current are assisting SBA in the performance of necessary to assist in connection with description of individuals and records a service related to this system of SBA’s efforts to respond to the covered by SBA–5 does not provide records and who need access to the suspected or confirmed compromise sufficient details to enable individuals records in order to perform such service. and prevent, minimize, or remedy such whose information is maintained in the Recipients of these records shall be harm. system of records to make a clear required to comply with the assessment about their Privacy Act POLICIES AND PRACTICES FOR STORING, requirements of the Privacy Act of 1974, RETRIEVING, ACCESSING, RETAINING AND protected information. The changes to as amended, 5 U.S.C. 552a. DISPOSING OF RECORDS: the Categories of Individuals and d. To the Department of Justice (DOJ) Categories of Records provide a level of when any of the following is a party to STORAGE: detail that is intended to close this gap. litigation or has an interest in such Paper and electronic files.

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RETRIEVAL: U.S.C. App 10(d), and 5 U.S.C. form number, information collection By the name of the individual covered 552b(c)(1), it has been determined that title, and the OMB control number in by the system of record. this Board meeting will be closed to the the subject line of your message. public because the Board will be Fax: 202–395–5806. Attention: Desk SAFEGUARDS: reviewing and discussing matters Officer for Department of State. Access and use is limited to persons properly classified in accordance with FOR FURTHER INFORMATION CONTACT: with official need to know; computers Executive Order 13526. The purpose of Direct requests for additional are protected by password and user the ISAB is to provide the Department information regarding the collection identification codes. with a continuing source of listed in this notice, including requests RETENTION AND DISPOSAL: independent advice on all aspects of for copies of the proposed collection In accordance with Standard arms control, disarmament, instrument and supporting documents, Operating Procedures 00 41 2, 65:01, nonproliferation, political-military to George Weber, who may be reached 65:02, 65:03, 65:04, 65:05, 65:07 and affairs, international security, and on 202–485–7637 or at PRA_ 65:09. related aspects of public diplomacy. The [email protected]. agenda for this meeting will include SUPPLEMENTARY INFORMATION: SYSTEM MANAGER(S) AND ADDRESS: classified discussions related to the • Title of Information Collection: Field Office Directors, Associate Board’s studies on current U.S. policy Electronic Choice of Address and Agent. Administrators for program offices and issues regarding arms control, • OMB Control Number: 1405–0186. carrying out Entrepreneurial Programs international security, nuclear • Type of Request: Extension of a and Initiatives, and Privacy Act Officer, proliferation, and diplomacy. Currently Approved Collection. 409 Third Street SW., Washington DC For more information, contact • Originating Office: CA/VO/LR. 20416. Christopher Herrick, Acting Executive • Form Number: DS–261. Director of the International Security • NOTIFICATION PROCEDURE: Respondents: Immigrant Visa Advisory Board, U.S. Department of Applicants. Individuals may make record State, Washington, DC 20520, • Estimated Number of Respondents: inquiries in person or in writing to the telephone: (202) 647–9683. 250,000. Systems Manager or SBA Privacy Act Dated: July 23, 2015. • Estimated Number of Responses: Officer. Christopher Herrick, 250,000. ACCESS PROCEDURES: Acting Executive Director, International • Average Time Per Response: 10 Systems Manager or Privacy Act Security Advisory Board, U.S. Department of minutes. Officer will determine procedures. State. • Total Estimated Burden Time: [FR Doc. 2015–19582 Filed 8–7–15; 8:45 am] 25,000 hours. CONTESTING PROCEDURES: BILLING CODE 4710–27–P • Frequency: Once Per Respondent. Notify officials listed above and state • Obligation to Respond: Required to reason(s) for contesting any information Obtain a Benefit. and provide proposed amendment(s) DEPARTMENT OF STATE We are soliciting public comments to sought. permit the Department to: [Public Notice: 9217] • SOURCE CATEGORIES: Evaluate whether the proposed information collection is necessary for Individuals covered by the system of 30-Day Notice of Proposed Information the proper functions of the Department. record; contractors, event coordinators, Collection: Electronic Choice of • Evaluate the accuracy of our universities, professional or civic Address and Agent estimate of the time and cost burden for organizations. ACTION: Notice of request for public this proposed collection, including the Linda Di Giandomenico, comment and submission to OMB of validity of the methodology and Acting Chief, Freedom of Information/Privacy proposed collection of information. assumptions used. Acts Office. • Enhance the quality, utility, and SUMMARY: The Department of State has [FR Doc. 2015–19629 Filed 8–7–15; 8:45 am] clarity of the information to be submitted the information collection BILLING CODE 8025–01–P collected. described below to the Office of • Minimize the reporting burden on Management and Budget (OMB) for those who are to respond, including the approval. In accordance with the DEPARTMENT OF STATE use of automated collection techniques Paperwork Reduction Act of 1995 we or other forms of information [Public Notice: 9219] are requesting comments on this technology. collection from all interested Please note that comments submitted International Security Advisory Board individuals and organizations. The in response to this Notice are public (ISAB) Meeting Notice purpose of this Notice is to allow 30 record. Before including any detailed days for public comment. ACTION: Closed meeting. personal information, you should be DATES: Submit comments directly to the aware that your comments as submitted, SUMMARY: In accordance with section Office of Management and Budget including your personal information, 10(a)(2) of the Federal Advisory (OMB) up to September 9, 2015. will be available for public review. Committee Act, 5 U.S.C. App 10(a)(2), ADDRESSES: Direct comments to the Abstract of Proposed Collection the Department of State announces a Department of State Desk Officer in the meeting of the International Security Office of Information and Regulatory The DS–261 allows the beneficiary of Advisory Board (ISAB) to take place on Affairs at the Office of Management and an approved immigrant visa petition to September 15, 2015, at the Department Budget (OMB). You may submit provide the Department with his or her of State, Washington, DC. comments by the following methods: current address, which will be used for Pursuant to section 10(d) of the • Email: oira_submission@ communications with the beneficiary. Federal Advisory Committee Act, 5 omb.eop.gov. You must include the DS The DS–261 also allows the beneficiary

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to appoint an agent to receive I have ordered that Public Notice of [email protected]). The mailing communications relevant these Determinations be published in address is U.S. Department of State, L/ communications relevant to the the Federal Register. PD, SA–5, Suite 5H03, Washington, DC beneficiary’s visa application from the FOR FURTHER INFORMATION CONTACT: For 20522–0505. National Visa Center (NVC) and assist in further information, including a list of Dated: July 31, 2015. the filing of various application forms the imported objects, contact the Office Kelly Keiderling, and/or paying the required fees. The of Public Diplomacy and Public Affairs Principal Deputy Assistant Secretary, Bureau beneficiary is not required to use an in the Office of the Legal Adviser, U.S. of Educational and Cultural Affairs, agent. The NVC can contact them Department of State (telephone: 202– Department of State. directly. If the beneficiary chooses to 632–6471; email: section2459@ [FR Doc. 2015–19580 Filed 8–7–15; 8:45 am] serve as their own agent and have the state.gov). The mailing address is U.S. BILLING CODE 4710–05–P NVC contact them directly, they will Department of State, L/PD, SA–5, Suite need to provide the NVC with their 5H03, Washington, DC 20522–0505. current contact information. All cases Dated: July 31, 2015. will be held at NVC until the DS–261 is Kelly Keiderling, OFFICE OF THE UNITED STATES electronically submitted to the TRADE REPRESENTATIVE Department. Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Methodology Department of State. Request for Comments and Notice of [FR Doc. 2015–19581 Filed 8–7–15; 8:45 am] Public Hearing Concerning China’s Applicants will submit the DS–261 Compliance With WTO Commitments electronically to the Department via the BILLING CODE 4710–05–P Internet. AGENCY: Office of the United States Dated: July 9, 2015. DEPARTMENT OF STATE Trade Representative. Edward J. Ramotowski, ACTION: Request for comments and [Public Notice 9216] Deputy Assistant Secretary, Bureau of notice of public hearing concerning Consular Affairs, Department of State. Culturally Significant Object Imported China’s compliance with its WTO [FR Doc. 2015–19584 Filed 8–7–15; 8:45 a.m.] for Exhibition Determinations: commitments. BILLING CODE 4710–06–P ‘‘Portrait Head of King Shulgi’’ SUMMARY: The interagency Trade Policy Exhibition Staff Committee (TPSC) will convene a DEPARTMENT OF STATE SUMMARY: Notice is hereby given of the public hearing and seek public following determinations: Pursuant to comment to assist the Office of the [Public Notice 9218] the authority vested in me by the Act of United States Trade Representative October 19, 1965 (79 Stat. 985; 22 U.S.C. (USTR) in the preparation of its annual Culturally Significant Objects Imported 2459), Executive Order 12047 of March report to the Congress on China’s for Exhibition Determinations: ‘‘Design 27, 1978, the Foreign Affairs Reform and compliance with the commitments for Eternity: Architectural Models From Restructuring Act of 1998 (112 Stat. made in connection with its accession the Ancient Americas’’ Exhibition 2681, et seq.; 22 U.S.C. 6501 note, et to the World Trade Organization (WTO). SUMMARY: Notice is hereby given of the seq.), Delegation of Authority No. 234 of DATES: Persons wishing to testify at the following determinations: Pursuant to October 1, 1999, Delegation of Authority hearing must provide written the authority vested in me by the Act of No. 236–3 of August 28, 2000 (and, as notification of their intention, as well as October 19, 1965 (79 Stat. 985; 22 U.S.C. appropriate, Delegation of Authority No. a summary of their testimony, by 2459), Executive Order 12047 of March 257 of April 15, 2003), I hereby Wednesday, September 23, 2015. 27, 1978, the Foreign Affairs Reform and determine that the object to be included Written comments are also due by Restructuring Act of 1998 (112 Stat. in the exhibition ‘‘Portrait Head of King Wednesday, September 23, 2015. A 2681, et seq.; 22 U.S.C. 6501 note, et Shulgi,’’ imported from abroad for hearing will be held in Washington, DC, seq.), Delegation of Authority No. 234 of temporary exhibition within the United on Wednesday, October 7, 2015. October 1, 1999, Delegation of Authority States, is of cultural significance. The ADDRESSES: Notifications of intent to No. 236–3 of August 28, 2000 (and, as object is imported pursuant to a loan testify and written comments should be appropriate, Delegation of Authority No. agreement with the foreign owner or submitted electronically via the Internet 257 of April 15, 2003), I hereby custodian. I also determine that the at http://www.regulations.gov. For determine that the objects to be exhibition or display of the exhibit alternatives to on-line submissions, included in the exhibition ‘‘Design for object at The Cleveland Museum of Art, please contact Yvonne Jamison, Trade Eternity: Architectural Models from the Cleveland, Ohio, from on or about Policy Staff Committee, at (202) 395– Ancient Americas,’’ imported from September 18, 2015, until on or about 3475. abroad for temporary exhibition within March 18, 2017, and at possible the United States, are of cultural additional exhibitions or venues yet to FOR FURTHER INFORMATION CONTACT: For significance. The objects are imported be determined, is in the national procedural questions concerning written pursuant to loan agreements with the interest. I have ordered that Public comments or participation in the public foreign owners or custodians. I also Notice of these Determinations be hearing, contact Yvonne Jamison at determine that the exhibition or display published in the Federal Register. (202) 395–3475. All other questions of the exhibit objects at The FOR FURTHER INFORMATION CONTACT: For should be directed to Terrence J. Metropolitan Museum of Art, New York, further information, including a McCartin, Deputy Assistant United New York, from on or about October 26, description of the object, contact the States Trade Representative for China 2015, until on or about September 18, Office of Public Diplomacy and Public Enforcement, at (202) 395–3900, or 2016, and at possible additional Affairs in the Office of the Legal Philip D. Chen, Chief Counsel for China exhibitions or venues yet to be Adviser, U.S. Department of State Enforcement, at (202) 395–3150. determined, is in the national interest. (telephone: 202–632–6471; email: SUPPLEMENTARY INFORMATION:

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1. Background compliance issues that warrant review is in an application other than those China became a Member of the WTO and evaluation by USTR’s China two, please indicate the name of the on December 11, 2001. In accordance Enforcement Task Force. application in the ‘‘Type Comment’’ Written comments must be received with section 421 of the U.S.-China field. no later than Wednesday, September 23, Relations Act of 2000 (Pub. L. 106–286), 2015. For any comments submitted USTR is required to submit, by A hearing will be held on Wednesday, electronically containing business December 11 of each year, a report to October 7, 2015, in Room 1, 1724 F confidential information, the file name Congress on China’s compliance with Street NW., Washington, DC 20508. If of the business confidential version commitments made in connection with necessary, the hearing will continue on should begin with the characters ‘‘BC.’’ its accession to the WTO, including the next business day. Persons wishing Any page containing business both multilateral commitments and any to testify orally at the hearing must confidential information must be clearly bilateral commitments made to the provide written notification of their marked ‘‘BUSINESS CONFIDENTIAL’’ United States. In accordance with intention by Wednesday, September 23, on the top of that page. Filers of section 421, and to assist it in preparing 2015. The intent to testify notification submissions containing business this year’s report, the TPSC is hereby must be made in the ‘‘Type Comment’’ confidential information must also soliciting public comment. Last year’s field under docket number USTR–2015– submit a public version of their report is available on USTR’s Internet 0010 on the regulations.gov Web site comments. The file name of the public Web site (https://ustr.gov/sites/default/ and should include the name, address files/2014-Report-to-Congress- version should begin with the character and telephone number of the person ‘‘P.’’ The ‘‘BC’’ and ‘‘P’’ should be Final.pdf). presenting the testimony. A summary of The terms of China’s accession to the followed by the name of the person or the testimony should be attached by entity submitting the comments. Filers WTO are contained in the Protocol on using the ‘‘Upload File’’ field. The name submitting comments containing no the Accession of the People’s Republic of the file should also include who will business confidential information of China (including its annexes) be presenting the testimony. Remarks at should name their file using the name (Protocol), the Report of the Working the hearing should be limited to no Party on the Accession of China more than five minutes to allow for of the person or entity submitting the (Working Party Report), and the WTO possible questions from the TPSC. comments. agreements. The Protocol and Working All documents should be submitted in Please do not attach separate cover Party Report can be found on the accordance with the instructions in letters to electronic submissions; rather, Department of Commerce Web page, section 3 below. include any information that might http://www.mac.doc.gov/china/ 3. Requirements for Submissions appear in a cover letter in the comments WTOAccessionPackageNEW.html, or on themselves. Similarly, to the extent the WTO Web site, http:// Persons submitting a notification of possible, please include any exhibits, docsonline.wto.org (document symbols: intent to testify and/or written annexes, or other attachments in the WT/L/432, WT/MIN(01)/3, WT/ comments must do so in English and same file as the submission itself, not as MIN(01)/3/Add.1, WT/MIN(01)/3/ must identify (on the first page of the Add.2). submission) ‘‘China’s WTO separate files. Compliance.’’ As noted above, USTR strongly urges 2. Public Comment and Hearing In order to ensure the timely receipt submitters to file comments through USTR invites written comments and/ and consideration of comments, USTR www.regulations.gov, if at all possible. or oral testimony of interested persons strongly encourages commenters to Any alternative arrangements must be on China’s compliance with make on-line submissions, using the made with Yvonne Jamison in advance commitments made in connection with www.regulations.gov Web site. To of transmitting the comments. Ms. its accession to the WTO, including, but submit comments via Jamison should be contacted at (202) not limited to, commitments in the www.regulations.gov, enter docket 395–3475. General information following areas: (a) Trading rights; (b) number USTR–2015–0010 on the home concerning USTR is available at import regulation (e.g., tariffs, tariff-rate page and click ‘‘search.’’ The site will www.ustr.gov. quotas, quotas, import licenses); (c) provide a search-results page listing all export regulation; (d) internal policies documents associated with this docket. Comments will be placed in the affecting trade (e.g., subsidies, standards Find a reference to this notice and click docket and open to public inspection, and technical regulations, sanitary and on the link entitled ‘‘Comment Now!’’ except business confidential phytosanitary measures, government (For further information on using the information. Comments may be viewed procurement, trade-related investment www.regulations.gov Web site, please on the www.regulations.gov Web site by measures, taxes and charges levied on consult the resources provided on the entering the relevant docket number in imports and exports); (e) intellectual Web site by clicking on ‘‘How to Use the search field on the home page. property rights (including intellectual This Site’’ on the left side of the home Edward Gresser, property rights enforcement); (f) page.) services; (g) rule of law issues (e.g., The www.regulations.gov Web site Acting Chair, Trade Policy Staff Committee. transparency, judicial review, uniform allows users to provide comments by [FR Doc. 2015–19523 Filed 8–7–15; 8:45 am] administration of laws and regulations) filling in a ‘‘Type Comment’’ field, or by BILLING CODE 3290–F5–P and status of legal reform; and (h) other attaching a document using an ‘‘Upload WTO commitments. In addition, given File’’ field. USTR prefers that comments the United States’ view that China be provided in an attached document. If should be held accountable as a full a document is attached, it is sufficient participant in, and beneficiary of, the to type ‘‘See attached’’ in the ‘‘Type international trading system, USTR Comment’’ field. USTR prefers requests that interested persons submissions in Microsoft Word (.doc) or specifically identify unresolved Adobe Acrobat (.pdf). If the submission

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DEPARTMENT OF TRANSPORTATION issued final rule titled, ‘‘Hazardous I. Appeals Materials: Enhanced Tank Car The Pipeline and Hazardous Materials Pipeline and Hazardous Materials Standards and Operational Controls for Safety Administration Safety Administration’s (PHMSA) Office High-Hazard Flammable Trains’’ (80 FR of Hazardous Materials Standards [Docket No. PHMSA–2015–0168 (Notice No. 26643). In accordance with applicable received a number of administrative 15–14)] regulatory requirements, this notice appeals in relation to the PHMSA final provides notification to parties having rule, titled, ‘‘Hazardous Materials: Hazardous Materials: Notification of brought certain administrative appeals Enhanced Tank Car Standards and Anticipated Delay in Administrative of the anticipated delay in processing Operational Controls for High-Hazard Appeal Decisions these administrative appeals. Flammable Trains’’ (80 FR 26643). Key AGENCY: Pipeline and Hazardous FOR FURTHER INFORMATION CONTACT: information on the administrative Materials Safety Administration Charles E. Betts, Director, Standards and appeals is provided below. (PHMSA), DOT. Rulemaking Division, Office of HM–251 [Docket No. PHMSA–2012– ACTION: Notice. Hazardous Materials Safety, (202) 366– 0082] 4512, PHMSA, 1200 New Jersey Avenue SUMMARY: This notice advises the public Hazardous Materials: Enhanced Tank SE., Washington, DC 20590. that PHMSA is currently reviewing Car Standards and Operational Controls administrative appeals on a recently SUPPLEMENTARY INFORMATION: for High-Hazard Flammable Trains

Appeals from Docket No. Focus of appeal

Association of American Railroads (AAR) ...... PHMSA–2012–0082–3480 ...... • Advanced Brake Signal Propagation Systems. • Scope of the Rulemaking. • Thermal Protection for Tank Cars. American Chemistry Council (ACC) ...... PHMSA–2012–0082–3473 ...... • Advanced Brake Signal Propagation Systems. • Retrofit Timeline and Tank Car Reporting Re- quirements. • Scope of the Rulemaking. American Fuel & Petrochemical Manufacturers PHMSA–2012–0082–3470 ...... • Retrofit Timeline and Tank Car Reporting Re- (AFPM). quirements. Columbia River and Northwest Treaty Tribes ...... PHMSA–2012–0082–3478 ...... • Information Sharing/Notification. • Tribal Impacts and Consultation. Dangerous Goods Advisory Council (DGAC) ...... PHMSA–2012–0082–3471 ...... • Advanced Brake Signal Propagation Systems. • Scope of the Rulemaking. • Testing and Sampling Program.

II. Notification of Anticipated Delay in Issued in Washington, DC, on August 4, Under the PRA, Federal agencies are Appeal Decisions 2015. required to publish notice in the Magdy El-Sibaie, Federal Register concerning each 49 CFR 106.130(a)(4) provides that if Associate Administrator for Hazardous proposed collection of information, PHMSA does not issue a decision on Materials Safety. including each proposed extension of an whether to grant or deny an [FR Doc. 2015–19507 Filed 8–7–15; 8:45 am] existing collection of information, and administrative appeal within 90 days BILLING CODE 4910–60–P to allow 60 days for public comment in after the date that the final rule is response to the notice. published in the Federal Register and In accordance with the requirements that we anticipate a substantial delay in of the PRA, the OCC may not conduct making a decision, PHMSA will notify DEPARTMENT OF THE TREASURY or sponsor, and the respondent is not the parties having brought required to respond to, an information administrative appeals directly and Office of the Comptroller of the collection unless it displays a currently provide an expected decision date. In Currency valid Office of Management and Budget addition, PHMSA will publish a notice (OMB) control number. The OCC is Agency Information Collection soliciting comment concerning the of the delay in the Federal Register. Due Activities: Information Collection to the complexity of the appeals renewal of its information collection Renewal; Comment Request; Market titled, ‘‘Market Risk.’’ received, we anticipate delays in Risk making administrative appeal decisions DATES: You should submit written as we will require additional time to AGENCY: Office of the Comptroller of the comments by: October 9, 2015. adequately review and consider the Currency (OCC), Treasury. ADDRESSES: Because paper mail in the appeals. As a result, in accordance with ACTION: Notice and request for Washington, DC area and at the OCC is 49 CFR 106.130(a)(4), we are publishing comment. subject to delay, commenters are this notice in the Federal Register to encouraged to submit comments by SUMMARY: notify the public, and we will be The OCC, as part of its email, if possible. Comments may be continuing effort to reduce paperwork sent to: Legislative and Regulatory directly contacting parties having and respondent burden, invites the Activities Division, Office of the brought these administrative appeals general public and other Federal Comptroller of the Currency, Attention: shortly. agencies to take this opportunity to 1557–0247, 400 7th Street SW., Suite comment on a continuing information 3E–218, Mail Stop 9W–11, Washington, collection, as required by the Paperwork DC 20219. In addition, comments may Reduction Act of 1995 (PRA). be sent by fax to (571) 465–4326 or by

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electronic mail to [email protected]. trading liabilities are trading positions characteristics of each securitization You may personally inspect and and specifies the factors a national bank position in order to demonstrate an photocopy comments at the OCC, 400 or federal savings association must take understanding of the position. Section 7th Street SW., Washington, DC 20219. into account in drafting those policies 3.212 requires quarterly quantitative For security reasons, the OCC requires and procedures. Section 3.203(a)(2) disclosures, annual qualitative that visitors make an appointment to requires national banks and federal disclosures, and a formal disclosure inspect comments. You may do so by savings associations to have clearly policy approved by the board of calling (202) 649–6700. Upon arrival, defined trading and hedging strategies directors that addresses the approach for visitors will be required to present valid for trading positions that are approved determining the market risk disclosures government-issued photo identification by senior management and specifies it makes. and submit to security screening in what the strategies must articulate. Type of Review: Extension of a order to inspect and photocopy Section 3.203(b)(1) requires national currently approved collection. Affected comments. banks and federal savings associations Public: Individuals; Businesses or other All comments received, including to have clearly defined policies and for-profit. attachments and other supporting procedures for actively managing all Number of Respondents: 13. materials, are part of the public record covered positions and specifies the Estimated Burden per Respondent: and subject to public disclosure. Do not minimum requirements for those 1,964 hours. include any information in your policies and procedures. Sections Total Estimated Annual Burden: comment or supporting materials that 3.203(c)(4) through 3.203(c)(10) require 25,532 hours. you consider confidential or the annual review of internal models Comments submitted in response to inappropriate for public disclosure. and specify certain requirements for this notice will be summarized, FOR FURTHER INFORMATION CONTACT: those models. Section 3.203(d) requires included in the request for OMB Shaquita Merritt, Clearance Officer, the internal audit group of a national approval, and become a matter of public (202) 649–5490, for persons who are bank or federal savings association to record. Comments are invited on: deaf or hard of hearing, TTY, (202) 649– prepare an annual report to the board of (a) Whether the collection of 5597, Legislative and Regulatory directors on the effectiveness of controls information is necessary for the proper Activities Division, Office of the supporting the market risk measurement performance of the functions of the Comptroller of the Currency, 400 7th systems. OCC, including whether the information Section 3.204(b) requires national Street SW., Washington, DC 20219. has practical utility; banks and federal savings associations (b) The accuracy of the OCC’s SUPPLEMENTARY INFORMATION: The OCC to conduct quarterly backtesting. estimate of the burden of the collection is requesting extension of OMB Section 3.205(a)(5) requires institutions of information; approval for this collection. There have to demonstrate to the OCC the (c) Ways to enhance the quality, been no changes to the requirements of appropriateness of proxies used to utility, and clarity of the information to the regulations. capture risks within value-at-risk be collected; Title: Market Risk. models. Section 3.205(c) requires (d) Ways to minimize the burden of OMB Control No.: 1557–0247. institutions to develop, retain, and make the collection on respondents, including Description: The Office of the available to the OCC value-at-risk and through the use of automated collection Comptroller of the Currency’s (OCC) profit and loss information on sub- techniques or other forms of information market risk capital rules (12 CFR part 3, portfolios for two years. Section technology; and subpart F) capture positions for which 3.206(b)(3) requires national banks and (e) Estimates of capital or start-up the market risk capital rules are federal savings associations to have costs and costs of operation, appropriate; reduce procyclicality in policies and procedures that describe maintenance, and purchase of services market risk capital requirements; how they determine the period of to provide information. enhance the rules’ sensitivity to risks significant financial stress used to Dated: August 5, 2015. that are not adequately captured under calculate the institution’s stressed the current regulatory measurement value-at-risk models and to obtain prior Mary H. Gottlieb, methodologies; and increase OCC approval for any material changes Regulatory Specialist, Legislative and transparency through enhanced to these policies and procedures. Regulatory Activities Division. disclosures. Section 3.207(b)(1) details [FR Doc. 2015–19576 Filed 8–7–15; 8:45 am] The information collection requirements applicable to a national BILLING CODE 4810–33–P requirements are located at 12 CFR bank or federal savings association 3.203 through 3.212. The rules enhance when the national bank or federal risk sensitivity and include savings association uses internal models DEPARTMENT OF THE TREASURY requirements for the public disclosure to measure the specific risk of certain of certain qualitative and quantitative covered positions. Section 3.208 Office of Foreign Assets Control information about the market risk of requires national banks and federal Unblocking of Specially Designated national banks and federal savings savings associations to obtain prior Nationals and Blocked Persons associations. The collection of written OCC approval for incremental Pursuant to Executive Order 13396 information is necessary to ensure risk modeling. Section 3.209(a) requires capital adequacy appropriate for the prior OCC approval for the use of a AGENCY: Office of Foreign Assets level of market risk. comprehensive risk measure. Section Control, Treasury. Section 3.203 sets forth the 3.209(c)(2) requires national banks and ACTION: Notice. requirements for applying the market federal savings associations to retain risk framework. Section 3.203(a)(1) and report the results of supervisory SUMMARY: The Treasury Department’s requires national banks and federal stress testing. Section 3.210(f)(2)(i) Office of Foreign Assets Control (OFAC) savings associations to have clearly requires national banks and federal is removing the names of two defined policies and procedures for savings associations to document an individuals whose property and determining which trading assets and internal analysis of the risk interests in property have been blocked

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pursuant to Executive Order 13396, persons identified as the Government of 2. BLUE ENERGY TRADE LTD. CO., ‘‘Blocking Property of Certain Persons Syria pursuant to E.O. 13582, and ten P.O. Box 556, Charlestown, Saint Kitts Contributing to the Conflict in Coˆte vessels in which certain of these entities and Nevis [SYRIA] (Linked To: d’Ivoire,’’ from the List of Specially have an interest. MILENYUM ENERGY S.A.). Designated Nationals and Blocked DATES: OFAC’s actions described in this 3. EBLA TRADE SERVICES S.A.L./ Persons (SDN List). notice were effective on August 3, 2015, OFF–SHORE, Beirut, Lebanon; Nakhle DATES: OFAC’s actions described in this as further specified below. Center, Property Number: 295/24, notice are effective as of July 30, 2015. FOR FURTHER INFORMATION CONTACT: Baabda, Furn, Chebbak, Lebanon FOR FURTHER INFORMATION CONTACT: Associate Director for Global Targeting, [SYRIA] (Linked To: MILENYUM Associate Director for Global Targeting, tel.: 202/622–2420, Associate Director ENERGY S.A.; Linked To: BLUE tel.: 202/622–2420, Assistant Director for Sanctions Policy & Implementation, ENERGY TRADE LTD. CO.). for Sanctions Compliance & Evaluation, tel.: 202/622–2480, Office of Foreign 4. GREEN SHIPPING LTD., c/o tel.: 202/622–2490, Assistant Director Assets Control, or Chief Counsel Milenyum Denizcilik Gemi Hizmetleri for Licensing, tel.: 202/622–2480, Office (Foreign Assets Control), tel.: 202/622– Acentelik ve Ozel Ogretim Hizmetleri of Foreign Assets Control, or Chief 2410, Office of the General Counsel, Ltd. Sti, Nazli Sokak 9, Halilrifatpasa Counsel (Foreign Assets Control), tel.: Department of the Treasury (not toll free Mah, Sisli, Istanbul 34384, Turkey; 202/622–2410, Office of the General numbers). Trust Company Complex, Ajeltake Counsel, Department of the Treasury SUPPLEMENTARY INFORMATION: Road, Ajeltake Island, Majuro, Marshall (not toll free numbers). Islands; Identification Number IMO Electronic and Facsimile Availability SUPPLEMENTARY INFORMATION: The SDN 5848165 [SYRIA] (Linked To: List and additional information The Specially Designated Nationals MILENYUM ENERGY S.A.). concerning OFAC sanctions programs and Blocked Persons List and additional 5. MILENYUM ENERGY S.A. (a.k.a. are available from OFAC’s Web site information concerning OFAC sanctions MILENYUM DENIZCILIK GEMI; a.k.a. (www.treasury.gov/ofac). Certain general programs are available on OFAC’s Web MILENYUM DENIZCILIK GEMI information pertaining to OFAC’s site (www.treas.gov/ofac). Certain HIZMETLERI ACENTELIK VE OZEL sanctions programs is also available via general information pertaining to OGRETIM HIZMETLERI LIMITED facsimile through a 24-hour fax-on- OFAC’s sanctions programs is also SIRKETI; a.k.a. MILENYUM SHIPPING), demand service, tel.: 202/622–0077. available via facsimile through a 24- c/o Milenyum Denizcilik Gemi H., hour fax-on-demand service, tel.: Hizmetleri Ltd. Sti, Nazli Sokak 9, Notice of OFAC Actions 202/622–0077. Halilrifatpasa Mah, Sisli, Istanbul On July 30, 2015, OFAC determined Notice of OFAC Actions 34384, Turkey; Ataturk Mahallesi Gulay that circumstances no longer warrant Sokak, No. 12/3, Atasehir, Istanbul, the inclusion of the following two On August 3, 2015, OFAC blocked the Turkey; No. 18 D. 1 Kemankes Mah. individuals on OFAC’s SDN list, and property and interests in property of the Necatibey Cad., Akce Sok., Karakoy, that these individuals are no longer following eleven persons pursuant to Istanbul, Turkey; Sierra Leone; Avenida subject to the blocking provisions of E.O. 13582, ‘‘Blocking Property of the Norte Enrique Geenzeier El Cangrejo, Section 1(a) of E.O. 13396: Government of Syria and Prohibiting Panama 0834–1082, Panama; Web site Certain Transactions with Respect to http://www.milenyumshipping.com; 1. DJEDJE, Alcide Ilahiri (a.k.a. DJEDJE, Syria’’: Ilahiri Alcide; a.k.a. ILAHIRI, Alcide Djedje); Company Number 792313 (Panama) DOB 1956 (individual) [COTED] Individuals [SYRIA] (Linked To: ABDULKARIM, Wael; Linked To: ABDULKARIM 2. N’GUESSAN, Pascal Affi (a.k.a. 1. AYDIN, Mustafa, Turkey; DOB 26 NGUESSAN, Affi); DOB 1953; POB GROUP). May 1988; Passport U04663595 (Turkey) Bongouanou, Coˆte d’Ivoire (individual) 6. THE EAGLES L.L.C. (a.k.a. THE (individual) [SYRIA] (Linked To: [COTED] EAGLES INTERNATIONAL LLC), Plot MILENYUM ENERGY S.A.; Linked To: No. 41, Airport Free Trade Zone, Dated: July 30, 2015. BLUE ENERGY TRADE LTD. CO.; Damascus, Syria [SYRIA] (Linked To: John E. Smith, Linked To: ABDULKARIM GROUP). Acting Director, Office of Foreign Assets 2. DUZGOREN, Serkan, Turkey; DOB ABDULKARIM, Wael; Linked To: Control. 28 Jan 1979 (individual) [SYRIA] ABDULKARIM GROUP). [FR Doc. 2015–19597 Filed 8–7–15; 8:45 am] (Linked To: MILENYUM ENERGY S.A.). 7. MORGAN ADDITIVES BILLING CODE 4810–AL–P 3. DUZGOREN, Erkan, Turkey; DOB MANUFACTURING CO. (a.k.a. 17 Jun 1980 (individual) [SYRIA] MORGAN MIDDLE EAST LLC), Office (Linked To: MILENYUM ENERGY S.A.). No. 2206, 22nd Floor, Jafza View 19, DEPARTMENT OF THE TREASURY 4. KENAR, Ufuk, Turkey; DOB 24 Apr Sheikh Zayed Road Besides Jafza View 1980 (individual) [SYRIA] (Linked To: 18, Jebel Ali Free Zone Authority, Office of Foreign Assets Control MILENYUM ENERGY S.A.). Dubai, United Arab Emirates; Suite 13, First Floor, Oliaji Trade Centre, Francis Sanctions Actions Pursuant to Entities Rachel Street, Victoria, Mahe, Executive Order 13582 1. AQUA SHIPPING LTD. (a.k.a. Seychelles; Web site AGENCY: Office of Foreign Assets AQUA SHIPPING LTD.-MAI), c/o www.morganme.com; alt. Web site Control, Treasury. Milenyum Denizcilik Gemi Hizmetleri morgan.ae [SYRIA] (Linked To: ACTION: Notice. Acentelik ve Ozel Ogretim Hizmetleri ABDULKARIM, Wael). Ltd. Sti, Nazli Sokak 9, Halilrifatpasa In addition, on August 3, 2015, OFAC SUMMARY: The Treasury Department’s Mah, Sisli, Istanbul 34384, Turkey; identified the following six persons as Office of Foreign Assets Control (OFAC) Trust Company Complex, Ajeltake falling within the definition of the is publishing the names of eleven Road, Ajeltake Island, Majuro, Marshall Government of Syria as set forth in persons whose property and interests in Islands; Identification Number IMO section 8(d) of E.O. 13582 and section property are blocked pursuant to 5849194 [SYRIA] (Linked To: 542.305 of the Syrian Sanctions Executive Order (E.O.) 13582, six MILENYUM ENERGY S.A.). Regulations, 31 CFR part 542:

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Entities MILENYUM ENERGY S.A.; Linked To: FOR FURTHER INFORMATION CONTACT: 1. GENERAL DIRECTORATE OF GREEN SHIPPING LTD.). Associate Director for Global Targeting, SYRIAN PORTS (a.k.a. ‘‘GENERAL 6. MARIANA Sierra Leone flag; Vessel tel.: 202/622–2420, Assistant Director DIRECTORATE OF PORTS’’), Algazaer Registration Identification IMO 8016835 for Sanctions Compliance & Evaluation, Street, Lattakia, Syria [SYRIA]. (vessel) [SYRIA] (Linked To: tel.: 202/622–2490, Assistant Director 2. LATTAKIA PORT GENERAL MILENYUM ENERGY S.A.). for Licensing, tel.: 202/622–2480, Office COMPANY (a.k.a. LATAKIA PORT 7. TALA Panama flag; Vessel of Foreign Assets Control, or Chief GENERAL COMPANY), BP 220, Latakia, Registration Identification IMO 8012114 Counsel (Foreign Assets Control), tel.: 202/622–2410, Office of the General Syria; Postal Box 220, Lattakia, Syria; (vessel) [SYRIA] (Linked To: Counsel, Department of the Treasury Baghdad Street, Lattakia, Syria [SYRIA]. MILENYUM ENERGY S.A.). 3. SYRIAN CHAMBER OF SHIPPING Finally, on August 3, 2015, OFAC (not toll free numbers). (a.k.a. ‘‘SCOS’’), Al Jazaeer Street, Farid identified the following three vessels as SUPPLEMENTARY INFORMATION: Hanna Bldg, 8th Fl., P.O. Box 1731, property in which the Syrian General Electronic and Facsimile Availability Lattakia, Syria; Al Mina Street, Tartous, Authority for Maritime Transport, an The Specially Designated Nationals Syria [SYRIA]. entity whose property and interests in and Blocked Persons List and additional 4. SYRIAN GENERAL AUTHORITY property are blocked pursuant to E.O. information concerning OFAC sanctions FOR MARITIME TRANSPORT (a.k.a. 13582, has an interest: programs are available on OFAC’s Web SYRIAMAR; a.k.a. SYRIAN GENERAL Vessels site (www.treas.gov/ofac). A complete ESTABLISHMENT FOR MARINE listing of persons determined to be TRANSPORT; a.k.a. SYRIAN GENERAL 1. FINIKIA; Vessel Registration subject to one or more directives under ORGANIZATION FOR MARITIME Identification IMO 9385233 (vessel) E.O. 13662, as discussed in detail in this TRANSPORT), BP 28, Bur Sa’id Street, [SYRIA] (Linked To: SYRIAN GENERAL Notice, can be found in the Sectoral Latakia, Syria; BP 225, Yarmouk Street, AUTHORITY FOR MARITIME Sanctions Identifications List at http:// Latakia, Syria; BP 915, al-Mina Street, TRANSPORT). www.treasury.gov/resource-center/ Tartous, Syria; BP 730, Argentine Street, 2. LAODICEA; Vessel Registration sanctions/SDN-List/Pages/ssi_list.aspx. Damascus, Syria; Port Road, Lattakia, Identification IMO 9274343 (vessel) Certain general information pertaining Syria [SYRIA]. [SYRIA] (Linked To: SYRIAN GENERAL to OFAC’s sanctions programs is also 5. SYRIAN SHIPPING AGENCIES AUTHORITY FOR MARITIME available via facsimile through a 24- COMPANY (a.k.a. ‘‘SHIPCO’’; a.k.a. TRANSPORT). hour fax-on-demand service, tel.: 202/ ‘‘SHIPPING AGENCIES CO.’’), Port Said 3. SOURIA; Vessel Registration 622–0077. Street, P.O. Box 28, Lattakia, Syria; Port Identification IMO 9274331 (vessel) Street, P.O. Box 3, Tartous, Syria; Joul [SYRIA] (Linked To: SYRIAN GENERAL Notice of OFAC Actions Jammal Street, P.O. Box 28, Banias, AUTHORITY FOR MARITIME On July 30, 2015, OFAC blocked the Syria; Brazil Street, P.O. Box 12477, TRANSPORT). property and interests in property of the Damascus, Syria [SYRIA]. Dated: August 3, 2015. following five persons pursuant to E.O. 6. TARTOUS PORT GENERAL 13660, ‘‘Blocking Property of Certain COMPANY, Al Mina Street, Tartous, John E. Smith, Persons Contributing to the Situation in Syria; Postal Box 86, Tartous, Syria Acting Director, Office of Foreign Assets Ukraine’’: [SYRIA]. Control. Individuals In addition, on August 3, 2015, OFAC [FR Doc. 2015–19596 Filed 8–7–15; 8:45 am] identified the following seven vessels as BILLING CODE 4811–A–P 1. YANUKOVYCH, Oleksandr property in which Milenyum Energy Viktorovych (a.k.a. YANUKOVICH, S.A., an entity whose property and Alexander; a.k.a. YANUKOVICH, interests in property are blocked DEPARTMENT OF THE TREASURY Oleksander; a.k.a. YANUKOVYCH, pursuant to E.O. 13582, has an interest: Aleksandr Viktorovych; a.k.a. Vessels Office of Foreign Assets Control YANUKOVYCH, Olexander); DOB 01 Jul 1973; POB Donetsk, Ukraine 1. AQUA Sierra Leone flag; Vessel Sanctions Actions Pursuant to (individual) [UKRAINE–EO13660]. Registration Identification IMO 7529641 Executive Orders 13660, 13661, 13662, 2. STAVYTSKY, Eduard Anatoliyovych (vessel) [SYRIA] (Linked To: and 13685 (a.k.a. STAVYTSKYI, Eduard; a.k.a. MILENYUM ENERGY S.A.; Linked To: STAVYTSKYY, Eduard); DOB 04 AGENCY: Office of Foreign Assets AQUA SHIPPING LTD.). Oct 1972; POB Lebedyn, Ukraine; Control, Treasury. 2. BLUE DREAM Saint Kitts and citizen Ukraine; alt. citizen Israel Nevis flag; Vessel Registration ACTION: Notice. (individual) [UKRAINE–EO13660]. Identification IMO 8002664 (vessel) 3. KLYUYEV, Andriy Petrovych (a.k.a. [SYRIA] (Linked To: MILENYUM SUMMARY: The Treasury Department’s KLIUIEV, Andrii Petrovych; a.k.a. ENERGY S.A.). Office of Foreign Assets Control (OFAC) KLUEV, Andriy; a.k.a. KLYUEV, 3. BLUE WAY Panama flag; Vessel is publishing the names of sixty-one Andriy; a.k.a. KLYUYEV, Andrey); Registration Identification IMO 8800298 persons whose property and interests in DOB 12 Aug 1964; POB Donetsk, (vessel) [SYRIA] (Linked To: property are blocked pursuant to one or Ukraine (individual) [UKRAINE– MILENYUM ENERGY S.A.). more of the following authorities: EO13660]. 4. BLUEGAS Sierra Leone flag; Vessel Executive Order (E.O.) 13660, E.O. 4. KURCHENKO, Sergey Vitalievich Registration Identification IMO 7909839 13661, and E.O. 13685, or who are (a.k.a. KURCHENKO, Sergei; a.k.a. (vessel) [SYRIA] (Linked To: subject to the prohibitions of one or KURCHENKO, Sergii; a.k.a. MILENYUM ENERGY S.A.). more directives under E.O. 13662. KURCHENKO, Serhiy; a.k.a. 5. GREEN LIGHT Panama flag; Vessel DATES: OFAC’s actions described in this KURCHENKO, Serhiy Registration Identification IMO 8810700 notice were effective on July 30, 2015, Vitaliyovych); DOB 21 Sep 1985 (vessel) [SYRIA] (Linked To: as further specified below. (individual) [UKRAINE–EO13660].

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Entities Passport 17017258 (Finland) technological support for, or goods (individual) [UKRAINE–EO13661]. or services to or in support of, and 1. PRIVATE JOINT-STOCK COMPANY 7. KOLBIN, Petr (a.k.a. KOLBIN, Peter; has acted or purported to act for or MAKO HOLDING (a.k.a. MAKO a.k.a. KOLBIN, Petr Viktorovich; on behalf of, directly or indirectly, HOLDING), Bohdan Khmelnytsky a.k.a. KOLBIN, Pyotr); DOB 02 Jan AIRFIX AVIATION OY. Avenue, Building 102, 1952; POB Russia (individual) 3. SOUTHEAST TRADING OY was Voroshilovsky District, Donetsk, [UKRAINE–EO13661]. designated pursuant to E.O. 13661 Donetsk Oblast 83015, Ukraine; because it is owned or controlled Web site http://mako.ua/; Email Entities by, or has acted or purported to act Address a.kyzura@mako- 1. IZHEVSKY MEKHANICHESKY for or on behalf of, directly or holding.com; Government Gazette ZAVOD JSC (a.k.a. BAIKAL), 8 indirectly, KAI PAANANEN. Number 34436105 (Ukraine) Promyshlennaya Str., Izhevsk [UKRAINE–EO13660] (Linked To: 4. SET PETROCHEMICALS OY was 426063, Russia; Web site http:// designated pursuant to E.O. 13661 YANUKOVYCH, Oleksandr www.baikalinc.ru [UKRAINE– Viktorovych). because it is owned or controlled EO13661]. by, or has acted or purported to act On July 30, 2015, OFAC blocked the 2. OPEN JOINT STOCK COMPANY for or on behalf of, KAI property and interests in property of the ‘‘KONTSERN IZHMASH’’ (a.k.a. PAANANEN and SOUTHEAST following fifteen persons pursuant to OJSC KONTSERN IZHMASH), 3 TRADING OY. E.O. 13661, ‘‘Blocking Property of Deryabin Proezd, Izhevsk, Udmurt 5. OLEG USACHEV was designated Additional Persons Contributing to the Republic 426006, Russia; Public pursuant to E.O. 13661 because he Situation in Ukraine’’: Registration Number has materially assisted, sponsored, 1021801434380 [UKRAINE– Individuals or provided financial, material, or EO13661]. technological support for, or goods 1. BULYUTIN, Andrey, London, United 3. AIRFIX AVIATION OY, or services to or in support of, and Kingdom; DOB 19 Oct 1979; POB Tullimiehentie 4–6, Vantaa 01530, has acted or purported to act for or Izhevsk, Russia; citizen Russia; Finland; Chemin des Papillons 4, on behalf of, directly or indirectly, Passport 515356705 (Russia); Geneva/Cointrin 1216, Switzerland SET PETROCHEMICALS OY. Business Development Manager at [UKRAINE–EO13661]. 6. PETR KOLBIN was designated Kalashnikov Concern (individual) 4. SET PETROCHEMICALS OY, pursuant to E.O. 13661 because he [UKRAINE–EO13661]. Ukonvaaja 2 A, Espoo 02130, has acted or purported to act for or 2. OMELCHENKO, Aleksander (a.k.a. Finland [UKRAINE–EO13661]. on behalf of, directly or indirectly, OMELCHENKO, Aleksandr 5. SOUTHEAST TRADING OY (a.k.a. and has materially assisted, Anatolyevich; a.k.a. SOUTHEAST TRADING LTD), sponsored, or provided financial, OMELCHENKO, Alexander A.; Bucharest, Romania; St. Petersburg, material, or technological support a.k.a. OMELCHENKO, Alexander Russia; Espoo, Finland; Kannelkatu for, or goods or services to or in Anatolyevich; a.k.a. 8, Lappeenranta 53100, Finland; PL support of, GENNADY OMELCHENKO, Alexandr 148, Lappeenranta 53101, Finland TIMCHENKO. Anatolyevich); DOB 08 Sep 1983; [UKRAINE–EO13661]. 7. SOUTHPORT MANAGEMENT POB Moscow, Russia; citizen 6. OY LANGVIK CAPITAL LTD, SERVICES LIMITED was designated Russia; Passport 721937258 Tanskarlantie 9, Jorvas 02420, pursuant to E.O. 13661 because it is (Russia); National ID No. Finland; National ID No. 19607726 owned or controlled by, or has 4598338396 (Russia); alt. National [UKRAINE–EO13661]. acted or purported to act for or on ID No. 4506978162 (Russia); Chief 7. IPP OIL PRODUCTS (CYPRUS) behalf of, directly or indirectly, Export Officer for Kalashnikov LIMITED, 12 Esperidon Street, 4th PETR KOLBIN. Floor, Nicosia 1087, Cyprus; Public Concern (individual) [UKRAINE– 8. IPP OIL PRODUCTS (CYPRUS) Registration Number C210706 EO13661]. LIMITED was designated pursuant [UKRAINE–EO13661]. 3. SEMENOVA, Olena Yurevna (a.k.a. to E.O. 13661 because it is owned 8. SOUTHPORT MANAGEMENT SEMENOVA, Elena Iurevna); DOB or controlled by, or has acted or SERVICES LIMITED, De Castro 06 Dec 1978; citizen Ukraine; purported to act for or on behalf of, Street 24, Akara Building, Passport ER747251 (Ukraine); directly or indirectly, PETR Wickhams Cay 1, Road Town, National ID No. 2882908207 KOLBIN and SOUTHPORT Tortola, Virgin Islands, British; (Ukraine) (individual) [UKRAINE– MANAGEMENT SERVICES Nicosia, Cyprus [UKRAINE– EO13661]. LIMITED. EO13661]. 4. PAANANEN, Kai (a.k.a. PAANANEN, 9. IZHEVSKY MEKHANICHESKY Kai Lauri Johannes); DOB 21 Jul The basis for designation for the ZAVOD JSC was designated 1954; Chairman, SET fifteen persons designated pursuant to pursuant to E.O. 13661 because it Petrochemicals Oy; Managing E.O. 13661 is as follows: operates in the arms or related Director, Southeast Trading Oy 1. AIRFIX AVIATION OY was materiel sector in the Russian (individual) [UKRAINE–EO13661]. designated pursuant to E.O. 13661 Federation. 5. USACHEV, Oleg (a.k.a. USACHEV, because it is owned or controlled 10. OPEN JOINT STOCK COMPANY Oleg Leonidovich); DOB 03 Jul 1970 by, or has acted or purported to act ‘‘KONTSERN IZHMASH’’ was (individual) [UKRAINE–EO13661]. for or on behalf of, directly or designated pursuant to E.O. 13661 6. ROTENBERG, Roman, Beregovaya, indirectly, GENNADY because it operates in the arms or Street 6, Apartment 25, Moscow TIMCHENKO. related materiel sector in the 125367, Russia; DOB 07 Apr 1981; 2. KAI PAANANEN was designated Russian Federation. citizen Russia; alt. citizen Finland; pursuant to E.O. 13661 because he 11. ROMAN ROTENBERG was Passport 640848350 (Russia); alt. has materially assisted, sponsored, designated pursuant to E.O. 13661 Passport 16038132 (Finland); alt. or provided financial, material, or because he has acted or purported

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to act for or on behalf of BORIS THEODOSIA MERCHANT SEA SEAPORT; a.k.a. YEVPATORIA ROTENBERG. PORT; a.k.a. THEODOSIA SEA MERCHANT SEA PORT; a.k.a. 12. OY LANGVIK CAPTIAL LTD. was PORT), 14 Gorky Street, Theodosia YEVPATORIA SEA PORT; a.k.a. designated pursuant to E.O. 13661 98100, Ukraine; 14, Gorky Str., YEVPATORIYA COMMERCIAL because it is owned or controlled by Feodosiya, Crimea 98100, Ukraine; SEA PORT; a.k.a. YEVPATORIYA ROMAN ROTENBERG. Gorky Street 11, Feodosia, Crimea SEA PORT), Mariners Square 1, 13. OLENA YUREVNA SEMENOVA 98100, Ukraine; Web site Evpatoria, Crimea 97416, Ukraine; was designated pursuant to E.O. www.ukrport.org.ua; Email Address 1, Moryakov Sq, Yevpatoriya, 13661 because she has materially [email protected]; Crimea 97408, Ukraine; 1 Moryakov assisted, sponsored, or provided UN/LOCODE UA FEO; Registration Sq., Yevpatoria, Crimea 97416, financial, material, or technological ID 01125577 (Russia) [UKRAINE– Ukraine; Ukraine; 1 Moryakov Sq, support for, or goods or services to EO13685]. Yevpatoriya, Crimea 97416, or in support of, KALASHNIKOV 3. STATE ENTERPRISE YALTA SEA Ukraine; alt. Email Address lada1@ CONCERN. TRADING PORT (a.k.a. PORT OF seavenue.net; alt. Email Address 14. ALEKSANDER OMELCHENKO was YALTA; a.k.a. SEAPORT OF [email protected]; UN/ designated pursuant to E.O. 13661 YALTA; a.k.a. YALTA LOCODE UA ZKA; Registration ID because he has materially assisted, COMMERCIAL SEAPORT; a.k.a. 01125583 (Ukraine) [UKRAINE– sponsored, or provided financial, YALTA MERCHANT SEA PORT; EO13685]. a.k.a. YALTA SEA PORT), material, or technological support On July 30, 2015, OFAC identified as for, or goods or services to or in Roosevelt Street 3, Yalta, Crimea 98600, Ukraine; 5, Roosevelt Str., subject to the prohibitions of Directive support of, KALASHNIKOV 1 (as amended) of September 12, 2014, CONCERN. Yalta, Crimea 98600, Ukraine; 5 Roosevelt Street, Yalta, Crimea the following eighteen persons, 15. ANDREY BULYUTIN was pursuant to E.O. 13662, ‘‘Blocking designated pursuant to E.O. 13661 98600, Ukraine; Web site yaltaport.com.ua; Email Address Property of Additional Persons because he has materially assisted, Contributing to the Situation in sponsored, or provided financial, [email protected]; alt. Email Address yasco@ Ukraine’’ and 31 CFR 589.406, 589.802, material, or technological support and following the Secretary of the for, or goods or services to or in mail.ylt.crimea.com; UN/LOCODE UA YAL; Registration ID 01125591 Treasury’s determination pursuant to support of, KALASHNIKOV section l(a)(i) of E.O. 13662 with respect CONCERN. (Ukraine) [UKRAINE–EO13685]. 4. STATE SHIPPING COMPANY to the financial services sector of the On July 30, 2015, OFAC blocked the KERCH SEA FERRY (a.k.a. STATE Russian Federation economy: property and interests in property of the FERRY ENTERPRISE KERCH Entities following six persons pursuant to E.O. FERRY), Tselimbernaya Street 16, 13685, ‘‘Blocking Property of Certain Kerch, Crimea 98307, Ukraine; 16 1. BANK BELVEB OJSC (a.k.a. Persons and Prohibiting Certain Tselibernaya Street, Kerch, Crimea BELVESHECONOMBANK OAO; Transactions With Respect to the 98307, Ukraine; Registration ID a.k.a. BELVNESHECONOMBANK Crimea Region of Ukraine’’: 14333981 (Ukraine) [UKRAINE– OPEN JOINT STOCK COMPANY), 29 Pobeditelei ave., Minsk 220004, Entities EO13685]. 5. STATE ENTERPRISE SEVASTOPOL Belarus; SWIFT/BIC BELB BY 2X; 1. STATE ENTERPRISE KERCH SEA SEA TRADING PORT (a.k.a. PORT Web site bveb.by; Executive Order COMMERCIAL PORT (a.k.a. OF SEVASTOPOL; a.k.a. SEAPORT 13662 Directive Determination— KERCH COMMERCIAL SEAPORT; OF SEVASTOPOL; a.k.a. Subject to Directive 1; All offices a.k.a. KERCH MERCHANT SEA SEVASTOPOL COMMERCIAL worldwide; for more information on PORT; a.k.a. KERCH SEA PORT; SEAPORT; a.k.a. SEVASTOPOL directives, please visit the following a.k.a. PORT OF KERCH; a.k.a. MERCHANT SEA PORT; a.k.a. link: http://www.treasury.gov/ SEAPORT OF KERCH; a.k.a. STATE SEVASTOPOL SEA PORT; a.k.a. resource-center/sanctions/ ENTERPRISE KERCH SEVASTOPOL SEA TRADE PORT; Programs/Pages/ COMMERCIAL SEA PORT), Kirova a.k.a. STATE ENTERPRISE ukraine.aspx#directives. Street 28, Kerch, Crimea 98312, SEVASTOPOL COMMERCIAL [UKRAINE–EO13662] (Linked To: Ukraine; 28 Kirova Str., Kerch, SEAPORT), 3 Place Nakhimova, VNESHECONOMBANK). Crimea 98312, Ukraine; 28, Kirov Sevastopol 99011, Ukraine; 5, 2. DEVELOPMENT CORPORATION OF Str., Kerch, Crimea 98312, Ukraine; Nakhimova square, Sevastopol, NORTH CAUCASUS OJSC (f.k.a. Ul. Kirov, 28, Kerch, Crimea 98312, Crimea 99011, Ukraine; Nahimova KRSK, OAO; a.k.a. OJSC NORTH Ukraine; ul Kirova 28, Kerch 98312, Square 5, Sevastopol, Crimea CAUCASUS DEVELOPMENT Ukraine; Web site http:// 99011, Ukraine; Email Address CORPORATION; a.k.a. OPEN www.kerchport.com; alt. Web site [email protected]; alt. JOINT–STOCK COMPANY NORTH http://www.ukrport.org.ua; Email Email Address [email protected]; CAUCASUS DEVELOPMENT Address [email protected]; alt. Email Address mail@ CORPORATION; a.k.a. OTKRYTOE alt. Email Address referent.port@ morport.sebastopol.ua; UN/ AKTSIONERNOE OBSHCHESTVO mail.ru; alt. Email Address kmtp@ LOCODE UA SVP; Registration ID KORPORATSIYA RAZVITIYA trport.kerch.crimea.com; UN/ 01125548 (Ukraine) [UKRAINE– SEVERNOGO KAVKAZA), d. 139 LOCODE UA KEH; Registration ID EO13685]. ul. Pyatigorskaya Essentuki, 01125554 [UKRAINE–EO13685]. 6. STATE ENTERPRISE EVPATORIA Stavropolski krai 357625, Russia; 2. STATE ENTERPRISE FEODOSIA SEA SEA COMMERCIAL PORT (a.k.a. Web site krskfo.ru; Executive Order TRADING PORT (a.k.a. PORT OF PORT OF EVPATORIA; a.k.a. PORT 13662 Directive Determination— FEODOSIA; a.k.a. SEAPORT OF OF YEVPATORIA; a.k.a. SEAPORT Subject to Directive 1; Public FEODOSIYA; a.k.a. THEODOSIA OF YEVPATORIYA; a.k.a. Registration Number COMMERCIAL SEAPORT; a.k.a. YEVPATORIA COMMERCIAL 1102632003253; For more

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information on directives, please RAZVITIYA DALNEGO VOSTOKA ZAKRYTOE AKTSIONERNOE visit the following link: http:// I BAIKALSKOGO REGIONA), d. 82 OBSHCHESTVO www.treasury.gov/resource-center/ str. 2 ul. Sadovnicheskaya, Moscow KRASLESINVEST), d. 35 A ul. sanctions/Programs/Pages/ 115035, Russia; Web site Partizana Zheleznyaka, ukraine.aspx#directives. fondvostok.ru; Executive Order Krasnoyarsk, Krasnoyarski krai [UKRAINE–EO13662] (Linked To: 13662 Directive Determination— 660022, Russia; Web site VNESHECONOMBANK). Subject to Directive 1; Public kraslesinvest.ru; Executive Order 3. EXIAR (a.k.a. EKSAR OAO; a.k.a. Registration Number 13662 Directive Determination— EXIAR OJSC; a.k.a. ROSSISKOE 1112721010995; For more Subject to Directive 1; Public AGENTSTVO PO information on directives, please Registration Number STRAKHOVANIYU visit the following link: http:// 1082468004574; For more EKSPORTNYKH KREDITOV I www.treasury.gov/resource-center/ information on directives, please INVESTITSI OTKRYTOE sanctions/Programs/Pages/ visit the following link: http:// AKTSIONERNOE OBSHCHESTVO; ukraine.aspx#directives. www.treasury.gov/resource-center/ a.k.a. RUSSIAN AGENCY FOR [UKRAINE–EO13662] (Linked To: sanctions/Programs/Pages/ EXPORT CREDIT AND VNESHECONOMBANK). ukraine.aspx#directives. INVESTMENT INSURANCE OJSC), 6. FEDERAL CENTER FOR PROJECT [UKRAINE–EO13662] (Linked To: str. 1 3 1-i Zachatievski per, FINANCE (a.k.a. FTSPF, OAO; VNESHECONOMBANK). Moscow, 119034, Russia; Web site a.k.a. OAO FEDERALNY TSENTR 9. PROMINVESTBANK (a.k.a. exiar.ru; Executive Order 13662 PROEKTNOGO COMMERCIAL INDUSTRIAL AND Directive Determination—Subject to FINANSIROVANIYA; f.k.a. INVESTMENT BANK PUBLIC Directive 1; Public Registration ZAKRYTOE AKTSIONERNOE JOINT STOCK COMPANY; a.k.a. Number 1117746811566; For more OBSHCHESTVO FEDERALNY JOINT STOCK COMMERCIAL information on directives, please CENTR PROEKTNOGO INDUSTRIAL AND INVESTMENT visit the following link: http:// FINANSIROVANIYA; a.k.a. BANK PUBLIC JOINT STOCK www.treasury.gov/resource-center/ ‘‘FCPF’’), d. 14 prospekt Olimpiski, COMPANY; a.k.a. PSC sanctions/Programs/Pages/ Moscow 129090, Russia; Web site PROMINVESTBANK; a.k.a. PUBLIC ukraine.aspx#directives. fcpf.ru; Executive Order 13662 STOCK COMPANY JOINT STOCK [UKRAINE–EO13662] (Linked To: Directive Determination—Subject to COMMERCIAL INDUSTRIAL & VNESHECONOMBANK). Directive 1; Public Registration INVESTMENT BANK), 12, 4. EXIMBANK OF RUSSIA (a.k.a. Number 1027739088410; For more Shevchenko lane, Kyiv 01001, GOSUDARSTVENNY information on directives, please Ukraine; SWIFT/BIC UPIB UA UX; SPETSIALIZIROVANNY ROSSISKI visit the following link: http:// Web site pib.com.ua; Executive EKSPORTNO–IMPORTNY BANK www.treasury.gov/resource-center/ Order 13662 Directive (ZAKRYTOE AKTSIONERNOE sanctions/Programs/Pages/ Determination—Subject to Directive OBSHCHESTVO); a.k.a. ukraine.aspx#directives. 1; All offices worldwide; for more ROSEKSIMBANK, ZAO; a.k.a. [UKRAINE–EO13662] (Linked To: information on directives, please RUSSIAN EXPORT–IMPORT VNESHECONOMBANK). visit the following link: http:// BANK; a.k.a. STATE SPECIALIZED 7. GLOBEXBANK (a.k.a. www.treasury.gov/resource-center/ RUSSIAN EXPORT–IMPORT BANK AKTSIONERNOE OBSHCHESTVO sanctions/Programs/Pages/ (CLOSED JOINT–STOCK KOMMERCHESKI BANK ukraine.aspx#directives. COMPANY)), d.13 str. 1 per.3–I GLOBEKS; f.k.a. CJSC [UKRAINE–EO13662] (Linked To: Neopalimovski, Moscow 119121, GLOBEXBANK; a.k.a. VNESHECONOMBANK). Russia; SWIFT/BIC EXIR RU MM; GLOBEKSBANK, AO; a.k.a. 10. RESAD LLC (a.k.a. LLC RESAD; Web site eximbank.ru; Executive GLOBEX COMMERCIAL BANK, a.k.a. OBSHCHESTVO S Order 13662 Directive JOINT STOCK COMPANY; f.k.a. OGRANICHENNOI Determination—Subject to Directive ZAKRYTOE AKTSIONERNOE OTVETSTVENNOSTYU RESAD; 1; Public Registration Number OBSHCHESTVO KOMMERCHESKI a.k.a. RESAD, OOO), d. 5 ul. 1027739109133; All offices BANK GLOBEKS), d. 59 str. 2 ul. Bryanskaya, Moscow 121059, worldwide; for more information on Zemlyanoi Val, Moscow 109004, Russia; Executive Order 13662 directives, please visit the following Russia; SWIFT/BIC GLOB RU MM; Directive Determination—Subject to link: http://www.treasury.gov/ Web site globexbank.ru; Executive Directive 1; Public Registration resource-center/sanctions/ Order 13662 Directive Number 1027739071337; For more Programs/Pages/ Determination—Subject to Directive information on directives, please ukraine.aspx#directives. 1; Public Registration Number visit the following link: http:// [UKRAINE–EO13662] (Linked To: 1027739326010; All offices www.treasury.gov/resource-center/ VNESHECONOMBANK). worldwide; for more information on sanctions/Programs/Pages/ 5. FAR EAST AND BAIKAL REGION directives, please visit the following ukraine.aspx#directives. DEVELOPMENT FUND OJSC (a.k.a. link: http://www.treasury.gov/ [UKRAINE–EO13662] (Linked To: FOND RAZVITIYA DALNEGO resource-center/sanctions/ VNESHECONOMBANK). VOSTOKA I BAIKALSKOGO Programs/Pages/ 11. ROSE GROUP LIMITED (f.k.a. RGI REGIONA, OAO; a.k.a. OJSC THE ukraine.aspx#directives. INTERNATIONAL; f.k.a. RGI FAR EAST AND BAIKAL REGION [UKRAINE–EO13662] (Linked To: INTERNATIONAL LIMITED; a.k.a. DEVELOPMENT FUND; a.k.a. VNESHECONOMBANK). ‘‘ROSE GROUP’’), Frances House, OPEN JOINT–STOCK COMPANY 8. KRASLESINVEST CJSC (a.k.a. CJSC Sir William Place, St. Peter Port THE FAR EAST AND BAIKAL KRASLESINVEST; a.k.a. GY1 4EU, Guernsey; Korobeinikov REGION DEVELOPMENT FUND; KRASLESINVEST, ZAO; a.k.a. THE Lane, 1, Moscow 119034, Russia; a.k.a. OTKRYTOE AKTSIONERNOE CLOSED JOINT-STOCK COMPANY Web site rosegroup.ru; Executive OBSHCHESTVO FOND KRASLESINVEST; a.k.a. Order 13662 Directive

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Determination—Subject to Directive RAZVITIYA SVYAZI I information on directives, please 1; For more information on INFORMATIKI (PUBLICHNOE visit the following link: http:// directives, please visit the following AKTSIONERNOE OBSHCHESTVO); www.treasury.gov/resource-center/ link: http://www.treasury.gov/ a.k.a. SVIAZ–BANK AKB PAO), 7 sanctions/Programs/Pages/ resource-center/sanctions/ Tverskaya ul., Moscow 125375, ukraine.aspx#directives. Programs/Pages/ukraine.aspx# Russia; SWIFT/BIC SVIZ RU MM; [UKRAINE–EO13662] (Linked To: directives. [UKRAINE–EO13662] Web site sviaz-bank.ru; Executive VNESHECONOMBANK). (Linked To: Order 13662 Directive 18. VEB LEASING OJSC (a.k.a. OJSC VNESHECONOMBANK). Determination—Subject to Directive VEB-LEASING; a.k.a. OPEN JOINT- 12. RUSSIAN DIRECT INVESTMENT 1; Public Registration Number STOCK COMPANY VEB-LEASING; FUND MANAGEMENT COMPANY 1027700159288; All offices a.k.a. OTKRYTOE AKTSIONERNOE (a.k.a. LIMITED LIABILITY worldwide; for more information on OBSHCHESTVO VEB-LIZING; a.k.a. COMPANY RDIF MANAGEMENT directives, please visit the following VEB-LIZING, OAO), d. 10 ul. COMPANY; a.k.a. MANAGEMENT link: http://www.treasury.gov/ Vozdvizhenka, Moscow 125009, COMPANY RDIF LLC; a.k.a. resource-center/sanctions/ Russia; Web site veb-leasing.ru; OBSHCHESTVO S Programs/Pages/ukraine.aspx# Executive Order 13662 Directive OGRANICHENNOI directives. [UKRAINE–EO13662] Determination—Subject to Directive OTVETSTVENNOSTYU (Linked To: 1; Public Registration Number UPRAVLYAYUSHCHAYA VNESHECONOMBANK). 1037709024781; For more KOMPANIYA RFPI; a.k.a. RDIF 15. VEB ASIA LIMITED, Suite 5808, 58/ information on directives, please MANAGEMENT COMPANY; a.k.a. F, Two International Finance visit the following link: http:// RDIF MANAGEMENT COMPANY Center, 8 Finance Street Central, www.treasury.gov/resource-center/ LLC; a.k.a. UK RFPI, OOO), d. 9 Hong Kong, China; Executive Order sanctions/Programs/Pages/ prospekt Akademika Sakharova, 13662 Directive Determination— ukraine.aspx#directives. Moscow 107996, Russia; Web site Subject to Directive 1; For more [UKRAINE–EO13662] (Linked To: rdif.ru; Executive Order 13662 information on directives, please VNESHECONOMBANK). Directive Determination—Subject to visit the following link: http:// As entities owned, directly or indirectly, Directive 1; Public Registration www.treasury.gov/resource-center/ 50 percent or more by VEB, these Number 1117746429371; For more sanctions/Programs/Pages/ entities are subject to the same information on directives, please ukraine.aspx#directives. prohibitions as VEB. visit the following link: http:// [UKRAINE–EO13662] (Linked To: www.treasury.gov/resource-center/ VNESHECONOMBANK). On July 30, 2015, OFAC identified as sanctions/Programs/Pages/ 16. VEB CAPITAL (a.k.a. LIMITED subject to the prohibitions of Directive ukraine.aspx#directives. LIABILITY COMPANY VEB 2 (as amended) and Directive 4 of [UKRAINE–EO13662] (Linked To: CAPITAL; a.k.a. LLC VEB– September 12, 2014 the following VNESHECONOMBANK). CAPITAL; a.k.a. OBSHCHESTVO S seventeen persons, pursuant to E.O. 13. SME BANK (a.k.a. AKTSIONERNOE OGRANICHENNOI 13662, ‘‘Blocking Property of Additional OBSHCHESTVO ROSSISKI BANK OTVETSTVENNOSTYU Persons Contributing to the Situation in PODDERZHKI MALOGO I INVESTITSIONNAYA Ukraine’’ and 31 CFR 589.406, 589.802, SREDNEGO KOMPANIYA and following the Secretary of the PREDPRINIMATELSTVA; a.k.a. JSC VNESHEKONOMBANKA (VEB Treasury’s determination pursuant to RUSSIAN BANK FOR SMALL AND KAPITAL); a.k.a. VEB CAPITAL section l(a)(i) of E.O. 13662 with respect MEDIUM ENTERPRISES SUPPORT; LLC; a.k.a. VEB KAPITAL, OOO), d. to the energy sector of the Russian a.k.a. JSC SME BANK; a.k.a. MSP 7 str. A ul. Mashi Poryvaevoi, Federation economy: BANK AO; f.k.a. OTKRYTOE Moscow 107078, Russia; Web site Entities AKTSIONERNOE OBSHCHESTVO vebcapital.ru; Executive Order ROSSISKI BANK RAZVITIYA), 79 13662 Directive Determination— 1. CJSC VANKORNEFT (a.k.a. ul. Sadovnicheskaya, Moscow Subject to Directive 1; Public VANKORNEFT; a.k.a. ZAO 115035, Russia; SWIFT/BIC RUDV Registration Number VANKORNEFT), Dobrovolcheskoy RU MM; Web site mspbank.ru; 1097746831709; For more Brigady St., 15, Krasnoyarsk Executive Order 13662 Directive information on directives, please Territory 660077, Russia; Email Determination—Subject to Directive visit the following link: http:// Address [email protected]; 1; Public Registration Number www.treasury.gov/resource-center/ Executive Order 13662 Directive 1027739108649; All offices sanctions/Programs/Pages/ Determination—Subject to Directive worldwide; for more information on ukraine.aspx#directives. 2; alt. Executive Order 13662 directives, please visit the following [UKRAINE–EO13662] (Linked To: Directive Determination—Subject to link: http://www.treasury.gov/ VNESHECONOMBANK). Directive 4; For more information resource-center/sanctions/ 17. VEB ENGINEERING LLC (a.k.a. on directives, please visit the Programs/Pages/ukraine.aspx# OBSHCHESTVO S following link: http:// directives. [UKRAINE–EO13662] OGRANICHENNOI www.treasury.gov/resource-center/ (Linked To: OTVETSTVENNOSTYU VEB sanctions/Programs/Pages/ukraine. VNESHECONOMBANK). INZHINIRING; a.k.a. VEB aspx#directives. [UKRAINE- 14. SVIAZ–BANK (a.k.a. INZHINIRING, OOO), d. 9 prospekt EO13662] (Linked To: OPEN JOINT- INTERREGIONAL BANK FOR Akademika Sakharova, Moscow STOCK COMPANY ROSNEFT OIL SETTLEMENTS OF THE 107996, Russia; Web site vebeng.ru; COMPANY). TELECOMMUNICATIONS AND Executive Order 13662 Directive 2. NEFT-AKTIV LLC (a.k.a. OOO NEFT- POSTAL SERVICES; a.k.a. Determination—Subject to Directive AKTIV; a.k.a. RN–AKTIV OOO), MEZHREGIONALNY 1; Public Registration Number Ulica Kaluzhskaya M., d., 15, str. KOMMERCHESKI BANK 1107746181674; For more 28, Moscow 119071, Russia;

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Executive Order 13662 Directive STOCK COMPANY ROSNEFT OIL Determination—Subject to Directive Determination—Subject to Directive COMPANY). 2; alt. Executive Order 13662 2; alt. Executive Order 13662 6. OJSC NOVOKUYBYSHEV REFINERY Directive Determination—Subject to Directive Determination—Subject to (a.k.a. NOVOKUIBYSHEVSK Directive 4; Registration ID 3287 Directive 4; For more information REFINERY; a.k.a. OJSC (Russia); For more information on on directives, please visit the NOVOKUYBYSHEV REFINERY), directives, please visit the following following link: http:// Novokuibyshevsk, Samara region link: http://www.treasury.gov/ www.treasury.gov/resource-center/ 446207, Russia; Email Address sekr resource-center/sanctions/ sanctions/Programs/Pages/ukraine. @nknpz.rosneft.ru; Executive Order Programs/Pages/ukraine.aspx# aspx#directives. [UKRAINE– 13662 Directive Determination— directives. [UKRAINE–EO13662] EO13662] (Linked To: OPEN JOINT- Subject to Directive 2; alt. Executive (Linked To: OPEN JOINT-STOCK STOCK COMPANY ROSNEFT OIL Order 13662 Directive COMPANY ROSNEFT OIL COMPANY). Determination—Subject to Directive COMPANY). 3. OJSC ACHINSK REFINERY (a.k.a. 4; For more information on 10. OJSC SAMOTLORNEFTEGAZ (a.k.a. ACHINSK REFINERY; a.k.a. OAO directives, please visit the following SAMOTLORNEFTEGAZ; a.k.a. ACHINSK OIL REFINERY VNK), link: http://www.treasury.gov/ SAMOTLORNEFTEGAZ JSC), Achinsk Refinery industrial area, resource-center/sanctions/Programs Lenina St. 4, the Tyumen Region, Bolsheuluisky district, Krasnoyarsk /Pages/ukraine.aspx#directives. Khanty-Mansiysk, Autonomous territory 662110, Russia; Email [UKRAINE–EO13662] (Linked To: District, Nizhnevartovsk 628606, Address [email protected]; OPEN JOINT-STOCK COMPANY Russia; Email Address NVSNGinfo Executive Order 13662 Directive ROSNEFT OIL COMPANY). @rosneft.ru; Executive Order 13662 Determination—Subject to Directive 7. OJSC ORENBURGNEFT (a.k.a. OAO Directive Determination—Subject to 2; alt. Executive Order 13662 JSC ORENBURGNEFT; a.k.a. Directive 2; alt. Executive Order Directive Determination—Subject to ORENBURGNEFT), Magistralnaya 13662 Directive Determination— Directive 4; For more information St., 2, Buzuluk, the Orenburg Subject to Directive 4; For more on directives, please visit the Region 461040, Russia; st. information on directives, please following link: http://www.treasury. Magistralynaya 2, Buzuluk 461040, visit the following link: http:// gov/resource-center/sanctions/ Russia; Email Address orenburgneft www.treasury.gov/resource-center/ Programs/Pages/ukraine.aspx# @rosneft.ru; Executive Order 13662 sanctions/Programs/Pages/ukraine. directives. [UKRAINE–EO13662] Directive Determination—Subject to aspx#directives. [UKRAINE– (Linked To: OPEN JOINT-STOCK Directive 2; alt. Executive Order EO13662] (Linked To: OPEN JOINT- COMPANY ROSNEFT OIL 13662 Directive Determination— STOCK COMPANY ROSNEFT OIL COMPANY). Subject to Directive 4; For more COMPANY). 4. OJSC ANGARSK PETROCHEMICAL information on directives, please 11. OJSC SYZRAN REFINERY (a.k.a. COMPANY (a.k.a. ANGARSK visit the following link: http:// OPEN JOINT-STOCK OIL AND GAS REFINERY), Angarsk, Irkutsk region www.treasury.gov/resource-center/ COMPANY SYZRAN; a.k.a. 665830, Russia; 6 ul. K. Marksa, sanctions/Programs/Pages/ SYZRAN REFINERY), 1 Angarsk 665830, Russia; Web site ukraine.aspx#directives. Astrakhanskaya st., Syzran, Samara www.anhk.ru; Email Address delo@ [UKRAINE–EO13662] (Linked To: region 446009, Russia; anhk.rosneft.ru; Executive Order OPEN JOINT-STOCK COMPANY Moskvorechje street 105, Building 13662 Directive Determination— ROSNEFT OIL COMPANY). 8, Moscow 115523, Russia; Email Subject to Directive 2; alt. Executive 8. OJSC RN HOLDING (a.k.a. RN Address [email protected]; Order 13662 Directive HOLDING OAO), 60 Oktyabrskaya Executive Order 13662 Directive Determination—Subject to Directive ul., Uvat 626170, Russia; Executive Determination—Subject to Directive 4; For more information on Order 13662 Directive 2; alt. Executive Order 13662 directives, please visit the following Determination—Subject to Directive Directive Determination—Subject to link: http://www.treasury.gov/ 2; alt. Executive Order 13662 Directive 4; For more information resource-center/sanctions/ Directive Determination—Subject to on directives, please visit the Programs/Pages/ukraine.aspx# Directive 4; Registration ID following link: http://www.treasury directives. [UKRAINE–EO13662] 1047200153770 (Russia); Tax ID No. .gov/resource-center/sanctions/ (Linked To: OPEN JOINT-STOCK 7225004092 (Russia); Government Programs/Pages/ukraine.aspx# COMPANY ROSNEFT OIL Gazette Number 74743120 (Russia); directives. [UKRAINE–EO13662] COMPANY). For more information on directives, (Linked To: OPEN JOINT-STOCK 5. OJSC KUYBYSHEV REFINERY (a.k.a. please visit the following link: COMPANY ROSNEFT OIL KUIBYSHEV REFINERY; a.k.a. http://www.treasury.gov/resource- COMPANY). OJSC KUIBYSHEV REFINERY), 25 center/sanctions/Programs/Pages/ 12. PJSC Groznenskaya st., Samara 443004, ukraine.aspx#directives. VERKHNECHONSKNEFTEGAZ Russia; Email Address sekr@knpz. [UKRAINE–EO13662] (Linked To: (a.k.a. OJSC rosneft.ru; Executive Order 13662 OPEN JOINT-STOCK COMPANY VERKHNECHONSKNEFTEGAZ; Directive Determination—Subject to ROSNEFT OIL COMPANY). a.k.a. Directive 2; alt. Executive Order 9. OJSC RUSSIAN REGIONAL VERKHNECHONSKNEFTEGAZ), 13662 Directive Determination— DEVELOPMENT BANK (a.k.a. Baikalskaya St., 295 B, Irkutsk Subject to Directive 4; For more RUSSIAN REGIONAL 664050, Russia; Email Address vcng information on directives, please DEVELOPMENT BANK; a.k.a. @rosneft.ru; Executive Order 13662 visit the following link: http:// ‘‘VBRR’’), 65/1 Suschevsky Val, Directive Determination—Subject to www.treasury.gov/resource-center/ Moscow 129594, Russia; 65 Directive 2; alt. Executive Order sanctions/Programs/Pages/ukraine. Sushchevskiy val, Moscow 129594, 13662 Directive Determination— aspx#directives. [UKRAINE– Russia; Web site www.vbrr.ru; Subject to Directive 4; For more EO13662] (Linked To: OPEN JOINT- Executive Order 13662 Directive information on directives, please

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visit the following link: http:// -sh.com.cy; Executive Order 13662 FOR FURTHER INFORMATION CONTACT: www.treasury.gov/resource-center/ Directive Determination—Subject to Susan Jimerson at 1–888–912–1227 or sanctions/Programs/Pages/ukraine. Directive 2; alt. Executive Order (206) 946–3009. aspx#directives. [UKRAINE– 13662 Directive Determination— SUPPLEMENTARY INFORMATION: Notice is EO13662] (Linked To: OPEN JOINT- Subject to Directive 4; Registration hereby given pursuant to Section STOCK COMPANY ROSNEFT OIL ID C122790; For more information 10(a)(2) of the Federal Advisory COMPANY). on directives, please visit the Committee Act, 5 U.S.C. App. (1988) 13. RN-KOMSOMOLSKY REFINERY following link: http:// that an open meeting of the Taxpayer LLC (a.k.a. KOMSOMOLSK www.treasury.gov/resource-center/ Advocacy Panel Taxpayer REFINERY; a.k.a. LLC RN- sanctions/Programs/Pages/ukraine. Communications Project Committee will KOMSOMOLSK REFINERY; a.k.a. aspx#directives. [UKRAINE– be held Thursday, September 3, 2015, at RN-KOMSOMOLSKI NPZ OOO), EO13662] (Linked To: OPEN JOINT- 3:00 p.m. Eastern Time via 115 Leningradskaya st., STOCK COMPANY ROSNEFT OIL teleconference. The public is invited to Komsomolsk-on-Amur, Khabarovsk COMPANY). make oral comments or submit written region 681007, Russia; Email 17. ROSNEFT TRADING S.A., 2, Rue statements for consideration. Due to Address [email protected]; Executive Place du Lac, 1204, Geneva, limited conference lines, notification of Order 13662 Directive Switzerland; Web site intent to participate must be made with Determination—Subject to Directive www.rosneft.com; Executive Order Susan Jimerson. For more information 2; alt. Executive Order 13662 13662 Directive Determination— please contact: Susan Jimerson at Directive Determination—Subject to Subject to Directive 2; alt. Executive 1–888–912–1227 or 206 946–3009, or Directive 4; For more information Order 13662 Directive write TAP Office, 915 2nd Avenue, MS on directives, please visit the Determination—Subject to Directive W–406, Seattle, WA 98174, or post following link: http:// 4; For more information on comments to the Web site: http:// www.treasury.gov/resource-center/ directives, please visit the following www.improveirs.org. sanctions/Programs/Pages/ukraine .aspx#directives. [UKRAINE– link: http://www.treasury.gov/ The committee will be discussing EO13662] (Linked To: OPEN JOINT- resource-center/sanctions/ various issues related to Taxpayer STOCK COMPANY ROSNEFT OIL Programs/Pages/ukraine.aspx# Communications and public input is COMPANY). directives. [UKRAINE–EO13662] welcome. 14. RN–YUGANSKNEFTEGAZ LLC (Linked To: OPEN JOINT-STOCK Dated: August 3, 2015. COMPANY ROSNEFT OIL (a.k.a. RN–YUGANSKNEFTEGAZ Sheila Andrews, COMPANY). OOO; a.k.a. Director, Taxpayer Advocacy Panel. As entities owned, directly or YUGANSKNEFTEGAZ), Lenina St., [FR Doc. 2015–19517 Filed 8–7–15; 8:45 am] 26, Nefteyugansk, Tyumen Region indirectly, 50 percent or more by Open BILLING CODE 4830–01–P 628309, Russia; Email Address rn_ Joint-Stock Company Rosneft Oil [email protected]; Executive Order Company, these entities are subject to 13662 Directive Determination— the same prohibitions as Open Joint- DEPARTMENT OF THE TREASURY Subject to Directive 2; alt. Executive Stock Company Rosneft Oil Company. Order 13662 Directive Dated: July 30, 2015. Internal Revenue Service Determination—Subject to Directive John E. Smith, 4; For more information on Open Meeting of the Taxpayer directives, please visit the following Acting Director, Office of Foreign Assets Advocacy Panel Tax Forms and Control. link: http://www.treasury.gov/ Publications Project Committee resource-center/sanctions/Programs [FR Doc. 2015–19595 Filed 8–7–15; 8:45 am] AGENCY: Internal Revenue Service (IRS), /Pages/ukraine.aspx#directives. BILLING CODE 4810–AL–P Treasury. [UKRAINE–EO13662] (Linked To: OPEN JOINT-STOCK COMPANY ACTION: Notice of meeting. DEPARTMENT OF THE TREASURY ROSNEFT OIL COMPANY). SUMMARY: An open meeting of the 15. ROSNEFT FINANCE S.A., 46A Internal Revenue Service Taxpayer Advocacy Panel Tax Forms Avenue John F Kennedy, 2nd Floor, and Publications Project Committee will Luxembourg 1855, Luxembourg; Open Meeting of the Taxpayer be conducted. The Taxpayer Advocacy Executive Order 13662 Directive Advocacy Panel Taxpayer Panel is soliciting public comments, Determination—Subject to Directive Communications Project Committee ideas and suggestions on improving 2; alt. Executive Order 13662 customer service at the Internal Revenue Directive Determination—Subject to AGENCY : Internal Revenue Service (IRS), Service. Directive 4; For more information Treasury. on directives, please visit the DATES: The meeting will be held ACTION: Notice of meeting. following link: http:// September 1, 2015. www.treasury.gov/resource-center/ FOR FURTHER INFORMATION CONTACT: SUMMARY: An open meeting of the sanctions/Programs/Pages/ukraine. Donna Powers at 1–888–912–1227 or Taxpayer Advocacy Panel Taxpayer aspx#directives. [UKRAINE– (954) 423–7977. Communications Project Committee will EO13662] (Linked To: OPEN JOINT- SUPPLEMENTARY INFORMATION: Notice is be conducted. The Taxpayer Advocacy STOCK COMPANY ROSNEFT OIL hereby given pursuant to section Panel is soliciting public comments, COMPANY). 10(a)(2) of the Federal Advisory 16. ROSNEFT TRADE LIMITED (f.k.a. ideas, and suggestions on improving Committee Act, 5 U.S.C. App. (1988) TNK TRADE LIMITED), Elenion customer service at the Internal Revenue that an open meeting of the Taxpayer Building 5 Themistokli Dervi, 2nd Service. Advocacy Panel Tax Forms and floor, Lefkosia, Nicosia 1066, DATES: The meeting will be held Publications Project Committee will be Cyprus; Email Address hrm@rosneft Thursday, September 3, 2015. held Tuesday September 1, 2015 at 1:00

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p.m.. Eastern Time via teleconference. The committee will be discussing exempt organizations, tax-exempt The public is invited to make oral Toll-free issues and public input is bonds, and federal, state, local and comments or submit written statements welcomed. Indian tribal government issues between for consideration. Due to limited Dated: August 3, 2015. officials of the IRS and representatives conference lines, notification of intent Sheila Andrews, of the above communities. The ACT to participate must be made with Donna enables the IRS to receive regular input Powers. For more information please Director, Taxpayer Advocacy Panel. [FR Doc. 2015–19510 Filed 8–7–15; 8:45 am] with respect to the development and contact: Donna Powers at 1–888–912– implementation of IRS policy BILLING CODE 4830–01–P 1227 or (954) 423–7977 or write: TAP concerning these communities. ACT Office, 1000 S. Pine Island Road, members present the interested public’s Plantation, FL 33324 or contact us at the observations about current or proposed Web site: http://www.improveirs.org. DEPARTMENT OF THE TREASURY IRS policies, programs and procedures, The committee will be discussing Internal Revenue Service various issues related to Tax Forms and as well as suggest improvements. The Secretary of the Treasury appoints ACT Publications and public input is Request for Applications for the IRS members, who serve three-year terms. welcomed. Advisory Committee on Tax Exempt ACT members will not be paid for their Dated: August 3, 2015. and Government Entities time or services. ACT members will be Sheila Andrews, AGENCY: Internal Revenue Service (IRS), reimbursed for travel-related expenses Director, Taxpayer Advocacy Panel. Tax Exempt and Government Entities to attend working sessions and public [FR Doc. 2015–19509 Filed 8–7–15; 8:45 am] Division, Treasury. meetings, in accordance with 5 U.S.C. BILLING CODE 4830–01–P ACTION: Notice and request for 5703. The Secretary of the Treasury applicants or nominations. invites those individuals, organizations and groups affiliated with employee DEPARTMENT OF THE TREASURY SUMMARY: The Internal Revenue Service plans, exempt organizations, tax-exempt (IRS) seeks applicants for vacancies on Internal Revenue Service bonds, and federal, state, local and the Advisory Committee on Tax Exempt Indian tribal governments to nominate Open Meeting of the Taxpayer and Government Entities (ACT). Applications will be accepted for the individuals for membership on the ACT. Advocacy Panel Toll-Free Phone Line Nominations should describe and Project Committee following vacancies that will occur in June 2016: Two (2) Employee Plans; two document the proposed member’s AGENCY: Internal Revenue Service (IRS), (2) Exempt Organizations; one (1) qualifications for ACT membership, Treasury. Federal, State and Local Governments; including the nominee’s past or current ACTION: Notice of meeting. and one (1) Indian Tribal Governments. affiliations and dealings with the To ensure appropriate balance of particular community or segment of the SUMMARY: An open meeting of the membership, final selection of qualified community that he or she would Taxpayer Advocacy Panel Toll-Free candidates will be determined based on represent (such as employee plans). Phone Line Project Committee will be experience, qualifications and other Nominations also should specify the conducted. The Taxpayer Advocacy expertise. vacancy for which the individual Panel is soliciting public comments, wishes to be considered. The ideas, and suggestions on improving DATES: Applications or nominations Department of the Treasury seeks a customer service at the Internal Revenue must be received on or before Friday, Service. September 4, 2015. diverse group of members representing a broad spectrum of persons DATES: The meeting will be held ADDRESSES: Send applications and experienced in employee plans, exempt Wednesday, September 16, 2015. nominations using FAX: (888) 269–7419 organizations, tax-exempt bonds, and FOR FURTHER INFORMATION CONTACT: (secure) or email to: federal, state, local and Indian tribal Linda Rivera at 1–888–912–1227 or [email protected]. If you need (202) 317–3337. help, please call (202) 317–8798. governments. Nominees must go Application: Applicants must use the through a clearance process before SUPPLEMENTARY INFORMATION: Notice is selection by the Department of the hereby given pursuant to Section ACT Application Form (Form 12339–C) 10(a)(2) of the Federal Advisory on the IRS Web site (IRS.gov). Treasury. In accordance with Treasury Committee Act, 5 U.S.C. App. (1988) Applications should describe and Directive 21–03, the clearance process that an open meeting of the Taxpayer document the proposed member’s includes pre-appointment and annual Advocacy Panel Toll-Free Phone Line qualifications for membership on the tax checks, and an FBI criminal and Project Committee will be held ACT. Applications also should specify subversive name check, fingerprint Wednesday, September 16, 2015 at 2:30 the vacancy for which the applicant check and security clearance. wishes to be considered. Incomplete p.m. Eastern Time via teleconference. Mark O’Donnell, The public is invited to make oral applications will not be processed. comments or submit written statements FOR FURTHER INFORMATION CONTACT: Designated Federal Officer, Tax Exempt and for consideration. Due to limited Requests for additional information Government Entities Division, Internal Revenue Service. conference lines, notification of intent should be sent to tege.advisory.comm@ to participate must be made with Linda irs.gov or call (202) 317–8798. [FR Doc. 2015–19520 Filed 8–7–15; 8:45 am] Rivera. For more information please SUPPLEMENTARY INFORMATION: The BILLING CODE 4830–01–P contact: Ms. Rivera at 1–888–912–1227 Advisory Committee on Tax Exempt or (202) 317–3337, or write TAP Office, and Government Entities (ACT), 1111 Constitution Avenue NW., Room governed by the Federal Advisory 1509—National Office, Washington, DC Committee Act, Public Law 92–463, is 20224, or contact us at the Web site: an organized public forum for http://www.improveirs.org. discussion of various employee plans,

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DEPARTMENT OF THE TREASURY SUMMARY: The Department of the with income solely from non-us sources. Treasury, as part of its continuing effort Although this program was successful at Internal Revenue Service to reduce paperwork and respondent closing the non-filer loop, this program burden, invites the general public and did not allow for amended returns to be Open Meeting of the Taxpayer other Federal agencies to take this filed reporting previously unreported Advocacy Panel Special Projects opportunity to comment on proposed foreign sourced income. As a result, an Committee and/or continuing information enhanced process was developed in AGENCY: Internal Revenue Service (IRS), collections, as required by the which taxpayers will be allowed to file Treasury. Paperwork Reduction Act of 1995, amended returns in order to report Public Law 104–13(44 U.S.C. previously unreported foreign source ACTION: Notice of meeting. 3506(c)(2)(A)). Currently, the IRS is income while allowing a relief from soliciting comments concerning the penalties. SUMMARY: An open meeting of the Offshore Voluntary Disclosure Program Taxpayer Advocacy Panel Special Forms 14653, 14654, and the new (OVDP). Projects Committee will be conducted. Form 14708 have replaced the need for The Taxpayer Advocacy Panel is DATES: Written comments should be Form 14438. The net result is a burden soliciting public comments, ideas, and received on or before October 9, 2015 to increase of 15,500 estimated responses suggestions on improving customer be assured of consideration. and 30,500 estimated annual hours per service at the Internal Revenue Service. ADDRESSES: Direct all written comments year. to Christie Preston, Internal Revenue Type of Review: Revision of currently DATES: The meeting will be held Service, Room 6129, 1111 Constitution approved collection. Thursday, September 3, 2015. Avenue NW., Washington, DC 20224. Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: Kim Please send separate comments for each households. Vinci at 1–888–912–1227 or 916–974– specific information collection listed Estimated Number of Responses: 5086. below. You must reference the 474,000. SUPPLEMENTARY INFORMATION: Notice is information collection’s title, form Estimated Time per Respondent: 1 hereby given pursuant to Section number, reporting or record-keeping hour 40 mins. requirement number, and OMB number 10(a)(2) of the Federal Advisory Estimated Total Annual Burden (if any) in your comment. Committee Act, 5 U.S.C. App. (1988) Hours: 757,000. FOR FURTHER INFORMATION CONTACT: that a meeting of the Taxpayer The following paragraph applies to all Requests for additional information or Advocacy Panel Special Projects of the collections of information covered copies of the collection tools should be Committee will be held Thursday, by this notice: September 3, 2015, at 2:00 p.m. Eastern directed to R. Joseph Durbala, Internal Time via teleconference. The public is Revenue Service, Room 6129, 1111 An agency may not conduct or invited to make oral comments or Constitution Avenue NW., Washington, sponsor, and a person is not required to submit written statements for DC 20224, or at (202)317–5746, or respond to, a collection of information consideration. Due to limited through the internet at unless the collection of information conference lines, notification of intent [email protected]. displays a valid OMB control number. Books or records relating to a collection to participate must be made with Kim SUPPLEMENTARY INFORMATION: Currently, of information must be retained as long Vinci. For more information please the IRS is seeking comments concerning as their contents may become material contact: Kim Vinci at 1–888–912–1227 the following information collection in the administration of any internal or 916–974–5086, TAP Office, 4330 tools, reporting, and record-keeping revenue law. Generally, tax returns and Watt Ave., Sacramento, CA 95821, or requirements: contact us at the Web site: http:// Title: Offshore Voluntary Disclosure tax return information are confidential, www.improveirs.org. Program (OVDP). as required by 26 U.S.C. 6103. The agenda will include a discussion OMB Number: 1545–2241. Request for Comments: Comments on various special topics with IRS Form Number(s): 14452, 14453, submitted in response to this notice will processes. 14454, 14457, 14467, 14653, 14654, and be summarized and/or included in the 14708. request for OMB approval. All Dated: August 3, 2015. Abstract: The IRS is offering people comments will become a matter of Sheila Andrews, with undisclosed income from offshore public record. Comments are invited on: Director, Taxpayer Advocacy Panel. accounts an opportunity to get current (a) Whether the collection of [FR Doc. 2015–19515 Filed 8–7–15; 8:45 am] with their tax returns. Taxpayers with information is necessary for the proper BILLING CODE 4830–01–P undisclosed foreign accounts or entities performance of the functions of the should make a voluntary disclosure agency, including whether the because it enables them to become information shall have practical utility; DEPARTMENT OF THE TREASURY compliant, avoid substantial civil (b) the accuracy of the agency’s estimate penalties and generally eliminate the of the burden of the collection of Internal Revenue Service risk of criminal prosecution. The information; (c) ways to enhance the quality, utility, and clarity of the Proposed Collection; Comment objective is to bring taxpayers that have information to be collected; (d) ways to Request on Information Collection used undisclosed foreign accounts and minimize the burden of the collection of Tools Relating to the Offshore undisclosed foreign entities to avoid or information on respondents, including Voluntary Disclosure Program (OVDP) evade tax into compliance with United States tax laws. through the use of automated collection AGENCY: Internal Revenue Service (IRS), Current Actions: In September 2012, techniques or other forms of information Treasury. the IRS announced a new offshore technology; and (e) estimates of capital initiative entitled the Streamlined Non- or start-up costs and costs of operation, ACTION: Notice and request for filer program. This program was maintenance, and purchase of services comments. developed specifically for US citizens to provide information.

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Approved: August 3, 2015. be held Thursday, September 10, 2015, Committee will be conducted. The R. Joseph Durbala, at 12:00 p.m. Eastern Time via Taxpayer Advocacy Panel is soliciting IRS Reports Clearance Officer. teleconference. The public is invited to public comments, ideas, and [FR Doc. 2015–19521 Filed 8–7–15; 8:45 am] make oral comments or submit written suggestions on improving customer BILLING CODE 4830–01–P statements for consideration. Due to service at the Internal Revenue Service. limited conference lines, notification of DATES: The meeting will be held intent to participate must be made with Wednesday, September 30, 2015. DEPARTMENT OF THE TREASURY Theresa Singleton. For more information please contact: Theresa FOR FURTHER INFORMATION CONTACT: Lisa Internal Revenue Service Singleton at 1–888–912–1227 or 202– Billups at 1–888–912–1227 or (214) 317–3329, TAP Office, 1111 413–6523. Open Meeting of the Taxpayer Constitution Avenue NW., Room 1509- SUPPLEMENTARY INFORMATION: Notice is Advocacy Panel Notices and National Office, Washington, DC 20224, Correspondence Project Committee hereby given pursuant to Section or contact us at the Web site: http:// 10(a)(2) of the Federal Advisory AGENCY: Internal Revenue Service (IRS) www.improveirs.org. Committee Act, 5 U.S.C. App. (1988) Treasury. The agenda will include a discussion that an open meeting of the Taxpayer ACTION: Notice of meeting. on various letters, and other issues Advocacy Panel Joint Committee will be related to written communications from held Wednesday, September 30, 2015, at SUMMARY: An open meeting of the the IRS. 1:00 p.m. Eastern Time via Taxpayer Advocacy Panel Notices and Dated: August 3, 2015. teleconference. The public is invited to Correspondence Project Committee will Sheila Andrews, make oral comments or submit written be conducted. The Taxpayer Advocacy Director, Taxpayer Advocacy Panel. statements for consideration. For more Panel is soliciting public comments, information please contact Lisa Billups ideas, and suggestions on improving [FR Doc. 2015–19518 Filed 8–7–15; 8:45 am] BILLING CODE 4830–01–P at 1–888–912–1227 or 214–413–6523, or customer service at the Internal Revenue write TAP Office 1114 Commerce Street, Service. Dallas, TX 75242–1021, or post DATES: The meeting will be held DEPARTMENT OF THE TREASURY comments to the Web site: http:// Thursday, September 10, 2015. www.improveirs.org. FOR FURTHER INFORMATION CONTACT: Internal Revenue Service The agenda will include various Theresa Singleton at 1–888–912–1227 or committee issues for submission to the 202–317–3329. Open Meeting of the Taxpayer Advocacy Panel Joint Committee IRS and other TAP related topics. Public SUPPLEMENTARY INFORMATION: Notice is input is welcomed. hereby given pursuant to Section AGENCY: Internal Revenue Service (IRS) Dated: August 3, 2015. 10(a)(2) of the Federal Advisory Treasury. Sheila Andrews, Committee Act, 5 U.S.C. App. (1988) ACTION: Notice of meeting. that a meeting of the Taxpayer Director, Taxpayer Advocacy Panel. Advocacy Panel Notices and SUMMARY: An open meeting of the [FR Doc. 2015–19513 Filed 8–7–15; 8:45 am] Correspondence Project Committee will Taxpayer Advocacy Panel Joint BILLING CODE 4830–01–P

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Reader Aids Federal Register Vol. 80, No. 153 Monday, August 10, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. 16 CFR Presidential Documents 2 CFR Executive orders and proclamations 741–6000 Proposed Rules: Proposed Rules: 312...... 47429 The United States Government Manual 741–6000 3474...... 47254 Other Services 17 CFR 3 CFR Electronic and on-line services (voice) 741–6020 241...... 47829 Proclamations: Privacy Act Compilation 741–6064 9305...... 46175 19 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: 181...... 47405 13702...... 46177 191...... 47405 ELECTRONIC RESEARCH 13703...... 46181 351...... 46793 World Wide Web 6 CFR 20 CFR Full text of the daily Federal Register, CFR and other publications Proposed Rules: 422...... 47831 19...... 47284 is located at: www.fdsys.gov. 21 CFR Federal Register information and research tools, including Public 7 CFR 73...... 46190 Inspection List, indexes, and Code of Federal Regulations are 6...... 46185 866...... 46190 located at: www.ofr.gov. 1208...... 46789 874...... 46192 878...... 46485 E-mail Proposed Rules: 16...... 47244 22 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1051...... 47210 an open e-mail service that provides subscribers with a digital 3560...... 46853 Proposed Rules: form of the Federal Register Table of Contents. The digital form 205...... 47238 of the Federal Register Table of Contents includes HTML and 9 CFR PDF links to the full text of each document. 24 CFR Proposed Rules: 5...... 46486 To join or leave, go to http://listserv.access.gpo.gov and select 201...... 47871 Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: (or change settings); then follow the instructions. 10 CFR 5...... 47302 92...... 47302 PENS (Public Law Electronic Notification Service) is an e-mail 1...... 45841 200...... 47874 service that notifies subscribers of recently enacted laws. 37...... 45841 570...... 47302 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 40...... 45841 574...... 47302 and select Join or leave the list (or change settings); then follow 50...... 45841 576...... 47302 the instructions. 55...... 45841 578...... 47302 74...... 45841 582...... 47302 FEDREGTOC-L and PENS are mailing lists only. We cannot 75...... 45841 respond to specific inquiries. 583...... 47302 429...... 46730 1003...... 47302 Reference questions. Send questions and comments about the 430...... 46730 Federal Register system to: [email protected] Proposed Rules: 26 CFR The Federal Register staff cannot interpret specific documents or 429...... 46855, 46870 1...... 45865, 46795 regulations. 430...... 46521, 46855 602...... 45865, 46795 431...... 46870 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Proposed Rules: 1 ...... 45905, 46882, 47430 longer appears in the Federal Register. This information can be 12 CFR found online at http://bookstore.gpo.gov/. 25...... 47430 701...... 45844 26...... 47430 301...... 47430 FEDERAL REGISTER PAGES AND DATE, AUGUST 14 CFR 27 CFR 45841–46180...... 3 25...... 47399, 47400 39 ...... 45851, 45853, 45857, 9...... 47408 46181–46484...... 4 46187 Proposed Rules: 46485–46788...... 5 65...... 46791 9...... 46883 46789–47398...... 6 97...... 45860, 45862 47399–47828...... 7 1217...... 45864 28 CFR 47829–48000...... 10 Proposed Rules: 553...... 45883 39 ...... 45900, 45902, 46206, Proposed Rules: 47871 38...... 47316 71...... 46525 29 CFR 15 CFR 1956...... 46487 744...... 47402 Proposed Rules: 746...... 47402 2...... 47328

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1910...... 47566 47862 44 CFR 252...... 45918 180...... 46816 64...... 45894 31 CFR 1600...... 46822 49 CFR 45 CFR Proposed Rules: Proposed Rules: 27...... 46508 23...... 46208 9...... 45914, 46526 Proposed Rules: 192...... 46847 22...... 45914, 46526 32 CFR 87...... 47272 193...... 46847 52 ...... 45915, 47880, 47883 1050...... 47272 195...... 46847 199...... 46796 85...... 45914, 46526 232...... 47350 238...... 47834 46 CFR 86...... 45914, 46526 611...... 46514 123...... 47430 33 CFR Proposed Rules: Proposed Rules: 131...... 47430 296...... 46527 191...... 46930 117 ...... 46492, 47410, 47411, 233...... 47430 47850, 47851, 47852 47 CFR 192...... 46930 501...... 47430 195...... 46930 147...... 47852 20...... 45897 600...... 45914, 46526 512...... 45914, 46526 165 ...... 45885, 45886, 46194, 63...... 45898 721...... 47441 523...... 45914, 46526 47855 73...... 46824 1033...... 45914, 46526 534...... 45914, 46526 34 CFR 1036...... 45914, 46526 Proposed Rules: 535...... 45914, 46526 1037...... 45914, 46526 0...... 46900 Ch. III ...... 46799 537...... 45914, 46526 1039...... 45914, 46526 2...... 46900 541...... 46930 Proposed Rules: 1042...... 45914, 46526 11...... 47886 583...... 45914, 46526 75...... 47254 1065...... 45914, 46526 15...... 46900 76...... 47254 18...... 46900 1066...... 45914, 46526 50 CFR 1068...... 45914, 46526 54...... 45916, 47448 38 CFR 73...... 45917 17...... 47418 17...... 46197 90...... 46928 218...... 46112 Proposed Rules: 42 CFR 300...... 46515 4...... 46888 110...... 47411 48 CFR 622...... 46205 50...... 47340 412...... 46652, 47036 207...... 45899 635...... 46516 61...... 47340 418...... 47142 Proposed Rules: 648...... 46518, 46848 62...... 47340 483...... 46390 1...... 46531 660...... 46519, 46852 Proposed Rules: 4...... 46531 679...... 46520, 47864 39 CFR 409...... 46215 9...... 46531 Proposed Rules: Proposed Rules: 424...... 46215 17...... 46531 20...... 46218, 47388 3050...... 46214 484...... 46215 22...... 46531 219...... 46939 52...... 46531 222...... 45924 40 CFR 202...... 45918 600...... 46941 52 ...... 45887, 45890, 46201, 43 CFR 212...... 45918 648...... 46531 46494, 46804, 47857, 47859, 2...... 45893 215...... 45918 697...... 46533

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U.S. Government Publishing H.R. 1626/P.L. 114–43 enacted public laws. To Office, Washington, DC 20402 DHS IT Duplication Reduction subscribe, go to http:// LIST OF PUBLIC LAWS (phone, 202–512–1808). The Act of 2015 (Aug. 6, 2015; listserv.gsa.gov/archives/ 129 Stat. 470) This is a continuing list of text will also be made publaws-l.html public bills from the current available on the Internet from S. 1482/P.L. 114–44 Need-Based Educational Aid session of Congress which GPO’s Federal Digital System Note: This service is strictly have become Federal laws. (FDsys) at http://www.gpo.gov/ Act of 2015 (Aug. 6, 2015; 129 Stat. 472) for E-mail notification of new This list is also available fdsys. Some laws may not yet laws. The text of laws is not online at http:// Last List August 4, 2015 be available. available through this service. www.archives.gov/federal- register/laws. PENS cannot respond to H.R. 876/P.L. 114–42 Public Laws Electronic specific inquiries sent to this The text of laws is not Notification Service address. published in the Federal Notice of Observation (PENS) Register but may be ordered Treatment and Implication for in ‘‘slip law’’ (individual Care Eligibility Act (Aug. 6, pamphlet) form from the PENS is a free electronic mail Superintendent of Documents, 2015; 129 Stat. 468) notification service of newly

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