Vol. 79 Tuesday, No. 97 May 20, 2014

Pages 28809–29068

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 79, No. 97

Tuesday, May 20, 2014

Agriculture Department Executive Office of the President See Commodity Credit Corporation See Presidential Documents See Foreign Agricultural Service See Forest Service Export-Import Bank See Natural Resources Conservation Service NOTICES See Rural Business-Cooperative Service Applications for Long-Term Loan or Financial Guarantee in See Rural Housing Service Excess of 100 million Dollars, 28924

Centers for Disease Control and Prevention Farm Credit Administration NOTICES RULES Meetings: Federal Agricultural Mortgage Corporation Funding and Vessel Sanitation Program, 28926 Fiscal Affairs: Farmer Mac Liquidity Management; Correction, 28810– Children and Families Administration 28811 NOTICES Agency Information Collection Activities; Proposals, Federal Aviation Administration Submissions, and Approvals, 28931–28932 RULES Additional Types of Child Restraint That May Be Furnished Coast Guard and Used on Aircraft; Technical Amendments, 28811– RULES 28812 Special Local Regulations and Safety Zones: NOTICES Recurring Events in Northern New England, 28834–28840 Land Releases: PROPOSED RULES Canandaigua Airport, 28992 Safety Zones: Federal Communications Commission Bullhead City River Regatta, Bullhead City, AZ, 28876– 28879 RULES 2014 Quadrennial Regulatory Review, 28996–29007 Commerce Department Connect America Fund: See Industry and Security Bureau Developing a Unified Intercarrier Compensation Regime, See International Trade Administration 28840–28847 See National Oceanic and Atmospheric Administration PROPOSED RULES See Patent and Trademark Office 2014 Quadrennial Regulatory Review, 29010–29064 Federal Highway Administration Commodity Credit Corporation NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28992–28993 Submissions, and Approvals, 28884–28886 Federal Trade Commission Defense Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Arms Sales, 28901–28912 Submissions, and Approvals, 28924–28925 Charter Renewals: U.S. Army Science Board, 28912–28913 Fish and Wildlife Service Federal Funding Opportunities, 28914–28917 RULES Endangered and Threatened Wildlife and Plants: Education Department Southern White Rhino; Threatened Listing Status, 28847– NOTICES 28849 Proposed Waivers and Extensions: NOTICES Striving Readers Comprehensive Literacy Program Project Agency Information Collection Activities; Proposals, Period, 28917–28918 Submissions, and Approvals: Requests for Nominations: National Wildlife Refuge Special Use Permit Applications National Committee on Foreign Medical Education and and Reports, 28940–28941 Accreditation, 28919 Endangered Species Permit Applications, 28941–28942 Environmental Protection Agency Food and Drug Administration NOTICES RULES Air Permits: Oral Dosage Form New Animal Drugs; Change of Sponsor, EFS Shady Hills, LLC, Shady Hills Generating Station 28813–28834 and New Hope Power Co., Okeelanta Cogeneration NOTICES Station, 28919–28920 Electronic Study Data Submission; Data Standards: Requests to Voluntarily Cancel Certain Pesticide Validation Rules for Standard for Exchange of Registrations, 28920–28924 Nonclinical Data Formatted Studies, 28926–28927

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Meetings: Antidumping and Countervailing Duty Orders; Results, Circulatory System Devices Panel of the Medical Devices Extensions, Amendments, etc.: Advisory Committee, 28927–28928 Circular Welded Carbon Quality Steel Line Pipe from the Regulatory Review Period for Patent Extensions: People’s Republic of China, 28894–28895 INCIVEK, 28929 Fresh Garlic from the People’s Republic of China; New OMONTYS, 28930 Shipper Review, 28895–28896 PICATO, 28928 Applications for Duty-Free Entry of Scientific Instruments: Baylor College of Medicine, et al.; Electron Microscopes, Foreign Agricultural Service 28896 NOTICES World Trade Organization Agricultural Quantity-Based International Trade Commission Safeguard Trigger Levels, 28882–28883 NOTICES Andean Trade Preference Act: Forest Service Impact on the U.S. Economy and Andean Drug Crop NOTICES Eradication, 28948–28949 Environmental Impact Statements; Availability, etc.: Subject Reviews; Revised Schedule: Pine Mountain Late-Successional Reserve Habitat Polyethylene Terephthalate Film, Sheet, and Strip from Protection and Enhancement Project; Mendocino India and Taiwan, 28949 National Forest, CA, 28883–28884 Justice Department NOTICES Health and Human Services Department Proposed Final Judgments and Competitive Impact See Centers for Disease Control and Prevention Statements: See Children and Families Administration United States of America v. Bazaarvoice, Inc., 28949– See Food and Drug Administration 28965 See Health Resources and Services Administration See National Institutes of Health Labor Department See Substance Abuse and Mental Health Services NOTICES Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Resources and Services Administration Anhydrous Ammonia Storage and Handling Standard, NOTICES 28965–28966 Agency Information Collection Activities; Proposals, Manlifts Standard, 28966 Submissions, and Approvals, 28931–28932 Land Management Bureau Homeland Security Department NOTICES See Coast Guard Realty Actions: See U.S. Customs and Border Protection Proposed Direct Sale of Public Land for a Cemetery; Nye County, NV, 28942–28944 Housing and Urban Development Department NOTICES Legal Services Corporation Federally Mandated Exclusions from Income, 28938–28940 NOTICES Meetings; Sunshine Act, 28966–28967 Industry and Security Bureau NOTICES National Aeronautics and Space Administration Export Privileges; Denials: NOTICES Juan Victorian Gimenez, 28890–28891 Environmental Impact Statements; Availability, etc.: National Environmental Policy Act; Kennedy Space Interior Department Center, 28967–28969 See Fish and Wildlife Service National Archives and Records Administration See Land Management Bureau NOTICES See National Park Service Agency Information Collection Activities; Proposals, See Office of Natural Resources Revenue Submissions, and Approvals, 28969–28970 See Surface Mining Reclamation and Enforcement Office National Highway Traffic Safety Administration Internal Revenue Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28993 Submissions, and Approvals, 28993–28994 National Institutes of Health International Trade Administration NOTICES NOTICES Meetings: Antidumping and Countervailing Duty Administrative Center for Scientific Review, 28934–28936 Reviews; Results, Extensions, Amendments, etc.: National Institute of Allergy and Infectious Diseases, Laminated Woven Sacks from the People’s Republic of 28932–28933 China, 28891–28893 National Institute of General Medical Sciences, 28933 Polyethylene Terephthalate Film, Sheet, and Strip from National Institute of Neurological Disorders and Stroke, Brazil, 28893 28933–28934

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National Institute on Aging, 28936 Patent and Trademark Office National Institute on Minority Health and Health NOTICES Disparities, 28933 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Oceanic and Atmospheric Administration Patent Petitions Related to Application and RULES Reexamination Processing Fees, 28900–28901 Atlantic Highly Migratory Species: Commercial Gulf of Mexico Aggregated Large Coastal Personnel Management Office Shark and Gulf of Mexico Hammerhead Shark NOTICES Management Groups, 28849–28850 Agency Information Collection Activities; Proposals, Fisheries of the Northeastern United States: Submissions, and Approvals: Summer Flounder Fishery; Quota Transfer, 28850 Court Orders Affecting Retirement Benefits, 28978–28979 PROPOSED RULES Letter Reply to Request for Information; Former Spouse Fisheries of the Caribbean, Gulf of Mexico and South Survivor Annuity Election; Information on Electing a Atlantic: Survivor Annuity for Your Former Spouse, 28979 Fishery Management Plan for Coral, etc., of the South Excepted Service; March 2014, 28979–28981 Atlantic Region; Amendment 8, 28880–28881 Sakhalin Bay–Amur River Beluga Whales; Petitions, 28879– Presidential Documents 28880 PROCLAMATIONS NOTICES Special Observances: Agency Information Collection Activities; Proposals, Brown v. Board of Education, 60th Anniversary (Proc. Submissions, and Approvals: 9125), 29065–29068 Southwest Region Vessel Identification Requirements, 28896–28897 Rural Business-Cooperative Service Environmental Impact Statements; Availability, etc.: NOTICES Fishery Management Plan for the Reef Fish Resources of Funding Availability: the Gulf of Mexico; Amendment 28, 28897–28898 Intermediary Relending Program, 28886–28888 Meetings: Rural Microentrepreneur Assistance Program for Fiscal Mid-Atlantic Fishery Management Council, 28898–28899 Year 2014, 28888–28890 Pacific Fishery Management Council, 28898 Permits: Rural Housing Service Endangered Species; File No. 16482–01, 28899–28900 RULES Endangered Species; File No. 18604, 28899 Direct Single Family Housing Loans and Grants, 28809– 28810 National Park Service PROPOSED RULES NOTICES Single Family Housing Direct Loan Program, 28851–28852 National Register of Historic Places: Securities and Exchange Commission Pending Nominations and Related Actions, 28944–28945 NOTICES National Science Foundation Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 28981–28983 Meetings: Applications: Proposal Review Panel for Materials Research, 28970 Partners Group Private Equity (Master Fund), LLC and Partners Group (USA) Inc., 28983–28985 National Transportation Safety Board Meetings; Sunshine Act, 28985 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Public Health Authority Status, 28970–28971 International Securities Exchange, LLC, 28985–28987 Suspension of Trading Orders: Natural Resources Conservation Service Fusion Pharm, Inc., 28987 NOTICES Global Stevia Corp., 28987–28988 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28884–28886 Small Business Administration NOTICES Nuclear Regulatory Commission Disaster Declarations: NOTICES Colorado; Economic Injury, 28988 Agency Information Collection Activities; Proposals, North Carolina, 28988 Submissions, and Approvals, 28971–28973 Meetings: License Exemptions: Advisory Committee on Veterans Business Affairs, NextEra Energy Point Beach, LLC; Point Beach Nuclear 28988–28989 Plant, Units 1 and 2, 28973–28975 Interagency Task Force on Veterans Small Business Orders: Development, 28989 Richard Brian Smith, 28975–28978 State Department Office of Natural Resources Revenue NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Civil Penalties, 28862–28876 Submissions, and Approvals: NOTICES Foreign Service Officer Test Registration, 28989–28990 Agency Information Collection Activities; Proposals, Generic Clearance for the Collection of Qualitative Submissions, and Approvals, 28945–28948 Feedback on Agency Service Delivery, 28990–28991

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Culturally Significant Objects Imported for Exhibition: U.S. Customs and Border Protection Face to Face: The Neo-Impressionistic Portrait, 1886– NOTICES 1904, 28991 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Substance Abuse and Mental Health Services Generic Clearance for the Collection of Qualitative Administration Feedback on Agency Service Delivery, 28937–28938

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28936–28937 Separate Parts In This Issue Meetings: Center for Substance Abuse Prevention Drug Testing Part II Advisory Board, 28937 Federal Communications Commission, 28996–29007 Surface Mining Reclamation and Enforcement Office Part III PROPOSED RULES Missouri Regulatory Program, 28852–28854 Federal Communications Commission, 29010–29064 Ohio Regulatory Program, 28854–28858 West Virginia Regulatory Program, 28858–28862 Part IV Presidential Documents, 29065–29068 Transportation Department See Federal Aviation Administration See Federal Highway Administration Reader Aids See National Highway Traffic Safety Administration NOTICES Consult the Reader Aids section at the end of this page for Agency Information Collection Activities; Proposals, phone numbers, online resources, finding aids, reminders, Submissions, and Approvals: and notice of recently enacted public laws. Report of Financial and Operating Statistics for Small To subscribe to the Federal Register Table of Contents Aircraft Operators, 28991–28992 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Treasury Department archives, FEDREGTOC-L, Join or leave the list (or change See Internal Revenue Service 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.

3 CFR Proclamations: 9125...... 29067 7 CFR 3550...... 28809 Proposed Rules: 3550...... 28851 12 CFR 652...... 28810 14 CFR 91...... 28811 121...... 28811 125...... 28811 135...... 28811 21 CFR 510...... 28813 520...... 28813 30 CFR Proposed Rules: 925...... 28852 935...... 28854 948 (2 documents) ...... 28858, 28860 1241...... 28862 33 CFR 100...... 28834 165...... 28834 Proposed Rules: 165...... 28876 47 CFR 51...... 28840 73...... 28996 Proposed Rules: 73...... 29010 50 CFR 17...... 28847 635...... 28849 648...... 28850 Proposed Rules: 216...... 28879 622...... 28880

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Rules and Regulations Federal Register Vol. 79, No. 97

Tuesday, May 20, 2014

This section of the FEDERAL REGISTER adverse comments to this rule by any of regulations specifically allow bringing contains regulatory documents having general the following methods: suit at an earlier time. applicability and legal effect, most of which • Federal eRulemaking Portal: http:// Regulatory Flexibility Act are keyed to and codified in the Code of www.regulations.gov. Follow the Federal Regulations, which is published under instructions for submitting comments. This rule has been reviewed with 50 titles pursuant to 44 U.S.C. 1510. • Mail: Submit written comments via regard to the requirements of the The Code of Federal Regulations is sold by the U.S. Postal Service to the Branch Regulatory Flexibility Act (5 U.S.C. the Superintendent of Documents. Prices of Chief, Regulations and Paperwork 601–612). The undersigned has new books are listed in the first FEDERAL Management Branch, U.S. Department determined and certified by signature of REGISTER issue of each week. of Agriculture, STOP 0742, 1400 this document that this rule will not Independence Avenue SW., Washington have a significant economic impact on DC 20250–0742. a substantial number of small entities. DEPARTMENT OF AGRICULTURE • Hand Delivery/Courier: Submit This rule corrects a requirement on written comments via Federal Express Agency applicants and borrowers; Thus Rural Housing Service mail or another mail courier service there will be no significant information requiring a street address to Branch collection or regulatory requirements 7 CFR Part 3550 Chief, Regulations and Paperwork imposed on small entities under this RIN 0575–AC97 Management Branch, U.S. Department proposed rule. of Agriculture, 300 7th Street SW., 7th Paperwork Reduction Act of 1995 Direct Single Family Housing Loans Floor, Suite 701, Washington, DC 20024. and Grants All Written comments will be In accordance with the Paperwork AGENCY: Rural Housing Service, USDA. available for public inspection during Reduction Act of 1995, the information regular work hours at the 300 7th Street, collection activities associated with this ACTION: Direct final rule. SW., address listed above. rule are covered under OMB Number: SUMMARY: The Rural Housing Service is FOR FURTHER INFORMATION CONTACT: 0575–0172. This proposed rule contains amending its regulations for the section Migdaliz Bernier, Acting Chief, Loan no new reporting or recordkeeping 502 direct single family housing loans Origination Branch, Single Family requirements that would require program by reinstating language Housing Direct Loan Division, Rural approval under the Paperwork pertaining to payment assistance Housing Service, Stop 0783, 1400 Reduction Act of 1995 (44 U.S.C. method 1 that was inadvertently Independence Avenue SW., Chapter 35). changed or omitted when the payment Washington, DC 20250–0783, Unfunded Mandates Reform Act subsidy regulation was revised on Telephone: 202–690–3833. December 27, 2007. This action will SUPPLEMENTARY INFORMATION: Title II of the Unfunded Mandates make clear to the public that under this Reform Act of 1995 (UMRA), 2 U.S.C. method, the amount of subsidy granted Statutory Authority 1501 et seq., establishes requirements is the difference between the Title V, Section 1480 of the Housing for Federal agencies to assess the effects installment due on the promissory note Act authorizes the Secretary of of their regulatory actions on State, and the greater of the payment Agriculture to promulgate rules and local, and tribal governments and the amortized at the equivalent interest rate regulations as deemed necessary to private sector. Under section 202 of the or the payment calculated based on the carry out the purpose of that title. UMRA, RHS generally must prepare a required floor payment. written statement, including a cost- DATES: This rule is effective August 4, Executive Order 12866—Classification benefit analysis, for proposed and final 2014, without further action unless the This rule has been determined to be rules with ‘‘Federal mandates’’ that may Agency receives written adverse not significant and was not reviewed by result in expenditures to State, local, or comments or written notices of intent to the Office of Management and Budget tribal governments, in the aggregate, or submit adverse comments on or before (OMB) under Executive Order 12866. to the private sector, of $100 million or July 21, 2014. If the Agency receives more in any one year. When such a such comments or notices, the Agency Executive Order 12988—Civil Justice statement is needed for a rule, section will publish a timely document in the Reform 205 of the UMRA generally requires Federal Register withdrawing the This rule has been reviewed under RHS to identify and consider a amendment. Executive Order 12988, Civil Justice reasonable number of regulatory Any adverse comments received will Reform. In accordance with that alternatives and adopt the least costly, be considered under the proposed rule Executive Order: (1) All State and local more cost-effective or least burdensome published in this edition of the Federal laws and regulations that are in conflict alternative that achieves the objectives Register in the proposed rule section. A with this rule will be preempted; (2) No of the rule. second public comment period will not retroactive effect will be given to this This rule contains no Federal be held. Written comments must be rule; and (3) Administrative proceedings mandates (under the regulatory received by the Agency or carry a in accordance with the regulations of provisions of Title II of the UMRA) for postmark or equivalent no later than the National Appeals Division of USDA State, local, and tribal Governments or July 21, 2014. at 7 CFR part 11 must be exhausted the private sector. Therefore, this rule is ADDRESSES: You may submit adverse before bringing suit in court challenging not subject to the requirements of comments or notice of intent to submit action taken under this rule unless those sections 202 and 205 of the UMRA.

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Environmental Impact Statement Therefore, consultation with the States ■ 2. In § 3550.68, revise paragraph (c)(2) is not required. This document has been reviewed in introductory text to read as follows: accordance with 7 CFR part 1940, Background § 3550.68 Payment subsidies. subpart G, ‘‘Environmental Program.’’ It The Agency uses payment subsidies * * * * * is the determination of RHS that this (c) * * * to enhance an applicant’s repayment action does not constitute a major (2) Payment Assistance Method 1. The ability for section 502 direct single Federal action significantly affecting the amount of payment assistance granted is family housing loans. RHS administers quality of the human environment, and the difference between the installment three types of payment subsidies: in accordance with the National due on the promissory note and the interest credit, payment assistance Environmental Policy Act of 1969, greater of the payment amortized at the method 1 and payment assistance Public Law 91–190, an Environmental equivalent interest rate or the payment method 2. The eligibility requirements Impact Statement is not required. calculated based on the required floor and calculation methods for payment payment. In leveraging situations, the Programs Affected subsidies are located in 7 CFR 3550.68. equivalent interest rate will be used. The program affected by this When the final rule that introduced * * * * * proposed rule is listed in the Catalog of payment assistance method 2 at 7 CFR Federal Domestic Assistance as 10.410, 3550.68(c)(1) was published in the Dated: April 2, 2014. Very Low to Moderate Income Housing Federal Register on December 27, 2007 Tony Hernandez, Loans. (72 FR 73252), with an effective date of Administrator, Rural Housing Service. April 1, 2008, the language on [FR Doc. 2014–11610 Filed 5–19–14; 8:45 am] Executive Order 12372— calculating payment assistance method BILLING CODE 3410–XV–P Intergovernmental Review of Federal 1 in 7 CFR 3550.68(c)(2) was Programs inadvertently modified. The language For the reasons set forth in the final was inadvertently changed from ‘‘The FARM CREDIT ADMINISTRATION rule published at 7 CFR part 3015, amount of payment assistance granted is subpart V, and the related notice (48 FR the difference between the installment 12 CFR Part 652 29115), these programs are not subject due on the promissory note and the RIN 3052–AC83 to Executive Order 12372, which greater of the payment amortized at the requires intergovernmental consultation equivalent interest rate or the payment Federal Agricultural Mortgage with State and local officials. calculated based on the required floor Corporation Funding and Fiscal payment’’ to ‘‘The amount of payment E-Government Act Compliance Affairs; Farmer Mac Liquidity assistance granted is the difference Management; Correction The RHS is committed to complying between the annualized note rate with the E-Government Act, to promote installment as prescribed on the AGENCY: Farm Credit Administration. the use of the Internet and other promissory note and the lesser of . . . ACTION: Final rule; correction. information technologies to provide (i) The floor payment . . . or (ii) The SUMMARY: The Farm Credit increased opportunities for citizen annualized note rate installment and the Administration (FCA) published a final access to Government information and payment at the equivalent interest rate rule in the Federal Register on services, and for other purposes. . . .’’ (emphasis added). In addition, the November 1, 2013 to strengthen Executive Order 13175, Consultation sentence stated ‘‘In leveraging liquidity risk management at the Federal and Coordination With Indian Tribal situations, the equivalent interest rate Agricultural Mortgage Corporation, Governments will be used’’ was inadvertently improve the quality of assets in its omitted. The inadvertent changes are liquidity reserves, and bolster its ability This executive order imposes now being corrected. requirements on RHS in the to fund its obligations and continue development of regulatory policies that List of Subjects in 7 CFR Part 3550 operations during times of economic, have tribal implications or preempt financial, or market adversity. This Administrative practice and document corrects an inaccurate tribal laws. RHS has determined that the procedure, Conflict of interests, proposed rule does not have a amendatory instruction in that rule. Environmental impact statements, Equal DATES: Effective Date: This regulation substantial direct effect on one or more credit opportunity, Fair housing, Indian tribe(s) or on either the will be effective 180 days after date of Accounting, Housing, Loan programs— publication in the Federal Register, relationship or the distribution of Housing and community development, powers and responsibilities between the provided either or both Houses of Low and moderate income housing, Congress are in session for at least 30 Federal Government and the Indian Manufactured homes, Reporting and tribes. Thus, this proposed rule is not calendar days after publication of this recordkeeping requirements, Rural regulation in the Federal Register. We subject to the requirements of Executive areas, Subsidies. Order 13175. will publish a notice of the effective For the reasons stated in the date in the Federal Register. Executive Order 13132—Federalism preamble, chapter XXXV, Title 7 of the FOR FURTHER INFORMATION CONTACT: The policies contained in this rule do Code of Federal Regulations, is Joseph T. Connor, Associate Director for not have any substantial direct effect on amended as follows: Policy and Analysis, Office of States, the relationship between the Secondary Market Oversight, Farm National Government and the States, or PART 3550—DIRECT SINGLE FAMILY Credit Administration, McLean, VA on the distribution of power and HOUSING LOANS AND GRANTS 22102–5090, (703) 883–4280, TTY responsibilities among the various (703) 883–4056; levels of government. Nor does this rule ■ 1. The authority citation for part 3550 or impose substantial direct compliance continues to read as follows: Richard A. Katz, Senior Counsel, Office costs on State and local Governments. Authority: 5 U.S.C. 301; 42 U.S.C. 1480. of General Counsel, Farm Credit

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Administration, McLean, VA 22102– action, contact Nancy Lauck Claussen, labeling requirements to address both 5090, (703) 883–4020, TTY (703) 883– Air Transportation Division, AFS–200, CRS previously approved under 4056. Federal Aviation Administration, 800 § 21.305(d) and future CRS approved SUPPLEMENTARY INFORMATION: The FCA Independence Avenue SW., under § 21.8(d). published a document in the Federal Washington, DC 20591; telephone: 202– On August 12, 2010, the FAA Register on November 1, 2013, (78 FR 267–8166; email: nancy.l.claussen@ amended § 91.107(a)(3)(iii)(B)(3)(iv) to 65541) amending part 652. In FR Doc. faa.gov. address the redesignation of § 21.305 as § 21.8. See 75 FR 48857. Although the 2013–25918, the following amendatory Background instruction on page 65552, in the third technical amendment did address future column, line 59 is corrected to read as On July 14, 2006, the FAA published CRS approved under new § 21.8(d), it follows: a final rule entitled, ‘‘Additional Types did not address the CRS previously of Child Restraint Systems That May Be ■ 2. Amend § 652.5 by adding approved under § 21.305(d). With this Furnished and Used on Aircraft’’ (July technical amendment, the FAA further alphabetically the following definitions 2006 CRS final rule). See 71 FR 40003. amends § 91.107(a)(3)(iii)(B)(3)(iv) to to read as follows: In that final rule, the FAA amended resolve the discrepancy created by the § 652.5 Definitions. certain operating regulations to allow August 12, 2010 amendment. * * * * * passengers and aircraft operators to In addition, when the July 2006 CRS Cash means cash balances held at furnish and use more types of child final rule was published, adding more Federal Reserve Banks, proceeds from restraint systems (CRS) on aircraft. The options regarding CRS approval for use traded-but-not-yet-settled debt, and final rule allowed the use of CRS that on aircraft, the punctuation for the deposit accounts at Federal Deposit the FAA approves under the aviation preceding paragraphs was not updated. Insurance Corporation-insured banks. standards in Technical Standard Order This technical amendment updates the Contingency Funding Plan (CFP) is C–100b, Child Restraint Systems. In punctuation to reflect the CRS options described in § 652.35(d)(2). addition, the rule allowed the use of added by the July 2006 CRS final rule. CRS approved by the FAA under its Accordingly, this technical * * * * * certification regulations regarding the amendment revises Liability Maturity Management Plan approval of materials, parts, processes, §§ 121.311(b)(2)(ii)(C)(4), (LMMP) is described in and appliances, including CRS 125.211(b)(2)(ii)(C)(4), and § 652.35(d)(2)(iv). approved for use by the FAA under 14 135.128(a)(2)(ii)(C)(4) by removing the * * * * * CFR 21.305(d). The intended effect of reference to § 21.305(d) and replacing it Liquidity reserve is described in the final rule was to increase the with ‘‘§ 21.8(d) of this chapter’’. This § 652.40. number of CRS options that are technical amendment also revises * * * * * available for children to use on aircraft, §§ 91.107(a)(3)(iii)(B)(3)(iv), Dated: May 15, 2014. while maintaining high standards for 121.311(b)(2)(ii)(C)(4), Dale L. Aultman, certification and approval. 125.211(b)(2)(ii)(C)(4) and 135.128(a)(2)(ii)(C)(4) to clarify that the Secretary, Farm Credit Administration Board. By letter dated August 30, 2006, the FAA approved a child restraint device label for the single CRS approved under [FR Doc. 2014–11662 Filed 5–19–14; 8:45 am] manufactured by AmSafe, Inc. (AmSafe) these paragraphs—the child restraint BILLING CODE 6705–01–P in accordance with the amendments put device manufactured by AmSafe in place by the July 2006 CRS final rule. (CARES, Part No. 4082)—is not affected Currently, the AmSafe device (CARES, by this technical amendment. Finally, DEPARTMENT OF TRANSPORTATION Part No. 4082) is the only CRS approved this technical amendment amends the in accordance with the amendments punctuation at the end of each of the Federal Aviation Administration adopted in the July 2006 CRS final rule. two paragraphs preceding On October 16, 2009, the FAA §§ 91.107(a)(3)(iii)(B)(3)(iv), 14 CFR Parts 91, 121, 125, and 135 published a final rule entitled 121.311(b)(2)(ii)(C)(4), [Docket No. FAA–2006–25334; Amdt Nos. ‘‘Production and Airworthiness 125.211(b)(2)(ii)(C)(4) and in the one 91–332, 121–370, 125–64, and 135–130] Approvals, Part Marking, and paragraph preceding § 135.128(a)(2)(ii)(C)(4). RIN 2120–AI76 Miscellaneous Amendments’’ (74 FR 53368). In the ‘‘Production and In addition, the agency restores a Additional Types of Child Restraint Airworthiness Approvals, Part Marking, reference to the authority citation for That May Be Furnished and Used on and Miscellaneous Amendments’’ final part 121 that was inadvertently deleted Aircraft; Technical Amendment rule, the FAA amended its certification with the publication of the Prohibition procedures and identification on Personal Use of Electronic Devices AGENCY: Federal Aviation requirements for aeronautical products on the Flight Deck final rule (79 FR Administration, DOT. and articles. As a result of this 8263, February 12, 2014). ACTION: Final rule; technical amendment, 14 CFR 21.305 was Because the changes in this technical amendment. redesignated as 14 CFR 21.8, effective amendment result in no substantive April 14, 2010. change, the FAA finds good cause exists SUMMARY: The FAA is amending under 5 U.S.C. 553(d)(3) to make the regulations relating to the label required Technical Amendment amendments effective in less than 30 for FAA approved child restraint This technical amendment makes days. systems onboard aircraft. This final rule revisions that affect four parts of 14 List of Subjects corrects minor technical errors in the CFR—parts 91, 121, 125 and 135. The codified regulations and updates a revisions are in the sections of these 14 CFR Part 91 cross-reference. four parts that address labeling for CRS Aircraft, Aviation safety. DATES: Effective May 20, 2014. approved for use on aircraft. In each FOR FURTHER INFORMATION CONTACT: For part a technical revision is made to add 14 CFR Part 121 technical questions concerning this the necessary language to the CRS Air carriers, Safety, Transportation.

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14 CFR Part 125 44709–44711, 44713, 44716–44717, 44722, holder was approved by the FAA 44732; 46105; Pub. L. 111–216, 124 Stat. Aircraft, Aviation safety. through Type Certificate or 2348 (49 U.S.C. 44701 note); Pub. L. 112–95, Supplemental Type Certificate; or 14 CFR Part 135 126 Stat. 62 (49 U.S.C. 44732 note). (4) That the seat or child restraint ■ Air taxis, Aircraft, Aviation safety. 4. Amend § 121.311 by revising device furnished by the certificate paragraphs (b)(2)(ii)(C)(2), (3), and (4) to holder, or one of the persons described The Amendments read as follows: in paragraph (b)(2)(i) of this section, was In consideration of the foregoing, the approved by the FAA in accordance § 121.311 Seats, safety belts, and shoulder with § 21.8(d) of this chapter or Federal Aviation Administration harnesses. amends Chapter I of Title 14 Code of Technical Standard Order C–100b, or a * * * * * Federal Regulations as follows: later version. The child restraint device (b) * * * manufactured by AmSafe, Inc. (CARES, PART 91—GENERAL OPERATING AND (2) * * * Part No. 4082) and approved by the FLIGHT RULES (ii) * * * FAA in accordance with § 21.305(d) (C) * * * (2010 ed.) of this chapter may continue ■ 1. The authority citation for part 91 (2) That the seat was manufactured to bear a label or markings showing continues to read as follows: under the standards of the United FAA approval in accordance with Nations; § 21.305(d) (2010 ed.) of this chapter. Authority: 49 U.S.C. 106(f), 106(g), 1155, (3) That the seat or child restraint 40103, 40113, 40120, 44101, 44111, 44701, device furnished by the certificate * * * * * 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, holder was approved by the FAA PART 135—OPERATING 46506–46507, 47122, 47508, 47528–47531, through Type Certificate or REQUIREMENTS: COMMUTER AND 47534, articles 12 and 29 of the Convention Supplemental Type Certificate; or ON–DEMAND OPERATIONS on International Civil Aviation (61 Stat. (4) That the seat or child restraint 1180), (126 Stat. 11). device furnished by the certificate ■ 7. The authority citation for part 135 ■ 2. Amend § 91.107 by revising holder, or one of the persons described continues to read as follows: paragraphs (a)(3)(iii)(B)(3)(ii), (iii), and in paragraph (b)(2)(i) of this section, was Authority: 49 U.S.C. 106(f), 106(g), 41706, (iv) to read as follows: approved by the FAA in accordance 40113, 44701–44702, 44705, 44709, 44711– with § 21.8(d) of this chapter or 44713, 44715–44717, 44722, 44730, 45101– § 91.107 Use of safety belts, shoulder Technical Standard Order C–100b, or a 45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C. harnesses, and child restraint systems. later version. The child restraint device 44730). (a) * * * manufactured by AmSafe, Inc. (CARES, ■ 8. Amend § 135.128 by revising (3) * * * Part No. 4082) and approved by the paragraphs (a)(2)(ii)(C)(3) and (4) to read (iii) * * * FAA in accordance with § 21.305(d) as follows: (B) * * * (2010 ed.) of this chapter may continue (3) *** to bear a label or markings showing § 135.128 Use of safety belts and child (ii) That the seat was manufactured FAA approval in accordance with restraint systems. under the standards of the United § 21.305(d) (2010 ed.) of this chapter. (a) * * * (2) * * * Nations; * * * * * (iii) That the seat or child restraint (ii) * * * device furnished by the operator was PART 125—CERTIFICATION AND (C) * * * (3) That the seat or child restraint approved by the FAA through Type OPERATIONS: AIRPLANES HAVING A device furnished by the certificate Certificate or Supplemental Type SEATING CAPACITY OF 20 OR MORE holder was approved by the FAA Certificate; or PASSENGERS OR A MAXIMUM through Type Certificate or (iv) That the seat or child restraint PAYLOAD CAPACITY OF 6,000 Supplemental Type Certificate; or device furnished by the operator, or one POUNDS OR MORE; AND RULES (4) That the seat or child restraint of the persons described in paragraph GOVERNING PERSONS ON BOARD device furnished by the certificate (a)(3)(iii)(A) of this section, was SUCH AIRCRAFT holder, or one of the persons described approved by the FAA in accordance in paragraph (a)(2)(i) of this section, was ■ with § 21.8(d) of this chapter or 5. The authority citation for part 125 approved by the FAA in accordance Technical Standard Order C–100b or a continues to read as follows: with § 21.8(d) of this chapter or later version. The child restraint device Authority: 49 U.S.C. 106(f), 106(g), 40113, Technical Standard Order C–100b, or a manufactured by AmSafe, Inc. (CARES, 44701–44702, 44705, 44710–44711, 44713, later version. The child restraint device Part No. 4082) and approved by the 44716–4717, 44722. manufactured by AmSafe, Inc. (CARES, FAA in accordance with § 21.305(d) ■ 6. Amend § 125.211 by revising Part No. 4082) and approved by the (2010 ed.) of this chapter may continue paragraphs (b)(2)(ii)(C)(2), (3) and (4) to FAA in accordance with § 21.305(d) to bear a label or markings showing read as follows: (2010 ed.) of this chapter may continue FAA approval in accordance with to bear a label or markings showing § 21.305(d) (2010 ed.) of this chapter. § 125.211 Seat and safety belts. FAA approval in accordance with * * * * * * * * * * § 21.305(d) (2010 ed.) of this chapter. (b) * * * * * * * * PART 121—OPERATING (2) * * * REQUIREMENTS: DOMESTIC, FLAG, (ii) * * * Issued under the authority provided by 49 AND SUPPLEMENTAL OPERATIONS (C) * * * U.S.C. 106(f) and 44701(a) in Washington, (2) That the seat was manufactured DC, on May 14, 2014. ■ 3. The authority citation for part 121 under the standards of the United Brenda D. Courtney, is amended to read as follows: Nations; Acting Director, Office of Rulemaking. Authority: 49 U.S.C. 106(f), 106(g), 40113, (3) That the seat or child restraint [FR Doc. 2014–11554 Filed 5–19–14; 8:45 am] 40119, 41706, 44101, 44701–44702, 44705, device furnished by the certificate BILLING CODE 4910–13–P

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DEPARTMENT OF HEALTH AND animal drug applications (NADAs) and Medicine (HFV–100), Food and Drug HUMAN SERVICES 14 approved abbreviated new animal Administration, 7520 Standish Pl., drug applications (ANADAs) for oral Rockville, MD 20855, 240–276–8300, Food and Drug Administration dosage form new animal drug products [email protected]. from Pfizer, Inc., including its several 21 CFR Parts 510 and 520 subsidiaries and divisions, to Zoetis, SUPPLEMENTARY INFORMATION: Pfizer, Inc., 235 E. 42d St., New York, NY [Docket No. FDA–2014–N–0002] Inc. FDA is also amending the animal drug regulations to remove entries 10017, and its wholly owned Oral Dosage Form New Animal Drugs; describing conditions of use for new subsidiaries Alpharma, LLC; Fort Dodge Change of Sponsor animal drug products for which no Animal Health, Division of Wyeth; Fort NADA is approved, to make minor Dodge Animal Health, Division of AGENCY: Food and Drug Administration, corrections, and to reflect a current Wyeth Holdings Corp.; and its division, HHS. format. This is being done to increase Pharmacia & Upjohn Co., have informed ACTION: Final rule; technical the accuracy and readability of the FDA that they have transferred amendments. regulations. ownership of, and all rights and interest in, the 172 approved NADAs and 14 SUMMARY: The Food and Drug DATES: This rule is effective May 20, approved ANADAs in table 1 to Zoetis, Administration (FDA) is amending the 2014. Inc., 333 Portage St., Kalamazoo, MI animal drug regulations to reflect a FOR FURTHER INFORMATION CONTACT: change of sponsor for 172 approved new Steven D. Vaughn, Center for Veterinary 49007 as follows:

TABLE 1—NADAS AND ANADAS BEING TRANSFERRED FROM PFIZER, INC., TO ZOETIS, INC.

File No. Product name

006–707 ...... SULQUIN (sulfaquinoxaline) 6–50 Soluble Powder. 006–891 ...... SUL–Q–NOX (sulfaquinoxaline) Liquid 34%. 007–879 ...... TERRAMYCIN VET (oxytetracycline hydrochloride) Capsules. 007–981 ...... SOXISOL (sulfisoxazole) Tablets. 008–622 ...... TERRAMYCIN (oxytetracycline hydrochloride) Soluble Powder. 009–339 ...... CARAFEN (ammonium chloride and caramiphen edisylate) Cough Syrup. 009–392 ...... Primidone Tablets. 010–091 ...... MYLEPSIN (primidone) Tablets. 011–060 ...... TERRAMYCIN (oxytetracycline hydrochloride) Scour Tablets. 011–299 ...... PARVEX (piperazine and carbon disulfide) Suspension. 011–315 ...... NEOMIX 325 (neomycin sulfate) Soluble Powder. 011–403 ...... MEDROL (methylprednisolone) Tablets. 011–482 ...... VETAME (triflupromazine hydrochloride) Tablets. 011–582 ...... VETAMOX (acetazolamide sodium) Soluble Powder. 011–590 ...... PARVEX (piperazine and carbon disulfide) Bolus. 011–700 ...... CORTABA (methylprednisolone and acetylsalicylic acid) Tablets. 012–437 ...... TEMARIL–P (trimeprazine tartrate and prednisolone) Tablets. 012–656 ...... Promazine Granules. 012–956 ...... DYREX (trichlorfon) Bolus, Capsules, Granules, Tablets. 013–201 ...... DARBAZINE SPANSULE (prochlorperazine and isopropamide) Capsules. 013–248 ...... Freed No. 10 or 25 (trichlorfon and atropine). 013–957 ...... S.E.Z. (sulfaethoxypyridazine) for Drinking Water 6.25%. 014–366 ...... CYTOBIN (liothyronine sodium) Tablets. 015–102 ...... ALBON (sulfadimethoxine) Tablets. 015–126 ...... Spectinomycin Tablet and Injection. 015–154 ...... DYREX T.F. (trichlorfon, phenothiazine, and piperazine dihydrochloride) Powder. 015–160 ...... Sodium Sulfachloropyrazine Solution. 015–506 ...... WINSTROL–V (stanozolol) Tablets. 030–137 ...... MYLEPSIN (primidone) Tablets. 030–415 ...... FLUCORT (flumethasone) Tablets. 030–416 ...... MESULFIN (sulfamethizole and methenamine mandelate) Tablets. 031–205 ...... AGRIBON (sulfadimethoxine) 12.5% Drinking Water Solution. 031–448 ...... RHEAFORM (iodochlorhydroxyquin) Bolus. 031–553 ...... ESB 3 (sodium sulfachloropyrazine monohydrate) Solution and Soluble Powder. 031–715 ...... ALBON (sulfadimethoxine) Boluses. 031–914 ...... NEO–DARBAZINE SPANSULE (prochlorperazine, isopropamide, and neomycin sulfate) Capsule. 032–738 ...... PACITRAN (metoserpate hydrochloride). 032–946 ...... MAGNA TERRAMYCIN (oxytetracycline hydrochloride and carbomycin) Soluble Powder. 033–149 ...... PARVEX PLUS (piperazine, carbon disulfide, phenothiazine) Suspension. 033–342 ...... PROBAN (cythioate) Tablets 30 mg. 033–606 ...... PROBAN (cythioate) Oral Liquid. 033–653 ...... S.E.Z. (sulfaethoxypyridazine) Drinking Water Solution. 033–654 ...... S.E.Z. (sulfaethoxypyridazine) Oblets 15 G. 033–760 ...... BLOAT GUARD (poloxalene) Drench Concentrate. 033–887 ...... LINCOCIN (lincomycin hydrochloride) Tablets. 035–161 ...... TEMARIL–P SPANSULE (trimeprazine tartrate and prednisolone) Capsules. 035–650 ...... DYREX (trichlorfon and atropine) Powder. 038–160 ...... MAOLATE (chlorphenesin carbamate) Tablets. 039–356 ...... TRAMISOL (levamisole hydrochloride) Cattle Wormer Bolus.

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TABLE 1—NADAS AND ANADAS BEING TRANSFERRED FROM PFIZER, INC., TO ZOETIS, INC.—Continued

File No. Product name

039–357 ...... RIPERCOL L (levamisole hydrochloride) Soluble Drench Powder. 039–729 ...... THERABLOAT (poloxalene) Oral Liquid. 040–587 ...... LINCOCIN (lincomycin hydrochloride) Aquadrops. 041–629 ...... Spectinomycin Oral Liquid. 041–665 ...... TRANVET (propiopromazine hydrochloride) Chewable Tablets. 042–548 ...... AMFOROL (kanamycin sulfate, attapulgite, bismuth subcarbonate) Suspension. 042–740 ...... TRAMISOL (levamisole hydrochloride) Soluble Drench Powder for Sheep. 042–837 ...... TRAMISOL (levamisole hydrochloride) Sheep Wormer Oblets. 042–841 ...... AMFOROL (kanamycin sulfate, attapulgite, bismuth subcarbonate) Oral Tablets. 042–888 ...... BANMINTH/STRONGID (pyrantel tartrate) Pellets. 043–078 ...... CENTRINE (aminopentamide hydrogen sulfate) Oral Tablets. 043–785 ...... ALBON (sulfadimethoxine) Oral Suspension 5%. 045–513 ...... RIPERCOL L (levamisole hydrochloride) Soluble Powder. 045–515 ...... EQUIBUTE (phenylbutazone) Tablets 100 mg. 045–715 ...... ROBAXIN–V (methocarbamol) Tablets. 046–109 ...... L–S 50 (lincomycin hydrochloride and spectinomycin sulfate) Water Soluble Powder. 046–285 ...... AGRIBON (sulfadimethoxine) Soluble Powder. 047–033 ...... S.E.Z. (sulfaethoxypyridazine) C–R Oblets 15 Gm. 049–892 ...... SPANBOLET II (sulfamethazine). 055–013 ...... OMNIPEN (ampicillin anhydrous) Capsules 250 mg. 055–020 ...... AUREOMYCIN (chlortetracycline bisulfate) Soluble Powder. 055–032 ...... DICLOXIN (dicloxacillin sodium monohydrate) Capsules. 055–042 ...... AMPI–TAB (ampicillin trihydrate) Tablets. 055–047 ...... CHLOROMYCETIN (chloramphenicol palmitate) Oral Suspension. 055–051 ...... CHLOROMYCETIN (chloramphenicol) Tablets. 055–060 ...... Penicillin G Potassium, USP. 055–073 ...... PANMYCIN (tetracycline hydrochloride) Tablets. 055–074 ...... AMPI–BOL (ampicillin trihydrate) Boluses. 055–076 ...... ALBAPLEX (tetracycline hydrochloride novobiocin sodium) Tablets. 055–078 ...... AMOXI–TABS (amoxicillin trihydrate) Tablets. 055–080 ...... AMOXI–DOSER (amoxicillin trihydrate) Oral Suspension. 055–081 ...... AMOXI–TABS (amoxicillin trihydrate) Tablets. 055–085 ...... AMOXI–DROP (amoxicillin trihydrate) Oral Suspension. 055–087 ...... AMOXI–BOL (amoxicillin trihydrate) Boluses. 055–088 ...... AMOXI–SOL (amoxicillin trihydrate) Soluble Powder. 055–099 ...... CLAVAMOX (amoxicillin trihydrate and clavulanate potassium) Tablets. 055–101 ...... CLAVAMOX (amoxicillin trihydrate and clavulanate potassium) Drops. 065–004 ...... PANMYCIN 500 (tetracycline hydrochloride) Bolus. 065–060 ...... PANMYCIN AQUADROPS (tetracycline hydrochloride) Liquid. 065–061 ...... TETRACHEL–VET (tetracycline hydrochloride) Drops and Syrup. 065–066 ...... TETRACHEL–VET (tetracycline hydrochloride) Tablets 100. 065–069 ...... TETRACHEL–VET (tetracycline hydrochloride) Capsules 500. 065–090 ...... DELTA ALBAPLEX (tetracycline hydrochloride, novobiocin sodium, prednisolone) Tablets. 065–099 ...... ALBAPLEX (tetracycline hydrochloride and novobiocin sodium) Capsules. 065–107 ...... ENTROMYCIN (bacitracin methylene disalicylate and streptomycin sulfate) Soluble Powder. 065–121 ...... Tetracycline-Vet (tetracycline hydrochloride) Capsules 250. 065–123 ...... Tetracycline Soluble Powder. 065–140 ...... TET–SOL 324 (tetracycline hydrochloride) Soluble Powder. 065–241 ...... MYCHEL–VET (chloramphenicol) Capsules (50 mg). 065–270 ...... POLYOTIC (tetracycline hydrochloride) Oblets. 065–280 ...... FORTRACIN (bacitracin methylene disalicyclate) Soluble. 065–313 ...... BACIFERM 50 (bacitracin zinc) Soluble Powder. 065–409 ...... PANMYCIN (tetracycline hydrochloride) Capsules. 065–410 ...... TETRA–SAL (tetracycline hydrochloride). 065–441 ...... POLYOTIC (tetracycline hydrochloride) Soluble Powder. 065–470 ...... BMD (bacitracin methylene disalicyclate) 50% Soluble Powder. 065–489 ...... MYCHEL–VET (chloramphenicol) Tablets. 091–065 ...... ROBIZONE–V (phenylbutazone) Tablets 100 mg. 091–327 ...... GASTROGRAFIN (diatrizoate meglumine and diatrizoate sodium) Oral Solution. 091–739 ...... STRONGID T (pyrantel pamoate) Oral Suspension. 092–237 ...... RIPERCOL L-Piperazine (levamisole hydrochloride and piperazine dihydrochloride) Oral Solution. 093–105 ...... ROBIZONE–V (phenylbutazone) Tablets 1 g. 093–107 ...... ALBON S.R. (sulfadimethoxine) Boluses. 093–512 ...... DIROCIDE (diethylcarbamazine citrate) Tablets. 093–688 ...... RIPERCOL L-Piperazine (levamisole hydrochloride and piperazine dihydrochloride) Soluble Powder. 093–903 ...... RUMATEL (morantel tartrate) Cattle Wormer Bolus. 095–333 ...... DIFOLIN (dichlorophene and toluene) Capsules. 095–641 ...... ARQUEL (meclofenamic acid) Granules. 096–509 ...... NBC Kaps Wormer (n-butyl chloride) Capsules. 096–674 ...... EQUIPROXEN (naproxen) Granules. 100–094 ...... Poultry Sulfa (sulfamerazine, sulfamethazine, sulfaquinoxaline) Soluble Powder. 100–237 ...... NEMEX (pyrantel pamoate) Oral Suspension.

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TABLE 1—NADAS AND ANADAS BEING TRANSFERRED FROM PFIZER, INC., TO ZOETIS, INC.—Continued

File No. Product name

100–929 ...... PRIMOR (sulfadimethoxine and ormetoprim) Tablets. 102–709 ...... CHEQUE (mibolerone) Drops. 103–390 ...... TORBUTROL (butorphanol tartrate) Tablets. 104–493 ...... FILARIBITS (diethylcarbamazine) Chewable Tablets. 107–085 ...... TRAMISOL (levamisole hydrochloride) Tablets. 108–687 ...... PET DERM III (dexamethasone) Tablets. 109–722 ...... ANTHELCIDE EQ (oxibendazole) Suspension. 110–048 ...... VALBAZEN (albendazole) Oral Suspension. 110–201 ...... ARQUEL (meclofenamic acid) Tablets. 110–776 ...... BENZELMIN (oxfendazole) Powder For Suspension. 110–777 ...... BENZELMIN (oxfendazole) Top Dress Pellets. 111–636 ...... LINCOMIX (lincomycin hydrochloride) Soluble Powder 115–578 ...... DI–TRIM (trimethoprim and sulfadiazine) Tablets. 120–161 ...... ANTIROBE (clindamycin hydrochloride) Capsules. 121–042 ...... ANTHELCIDE EQ (oxibendazole) Paste. 125–961 ...... RE–SORB Powder for Oral Solution. 126–232 ...... CALFSPAN (sulfamethazine) Tablets. 126–237 ...... TRAMISOL (levamisole hydrochloride) Gel. 128–070 ...... VALBAZEN (albendazole) Oral Paste. 128–517 ...... PET–DEC (diethylcarbamazine citrate) Tablets. 129–831 ...... BANMINTH–P/STRONGID (pyrantel pamoate) Paste. 130–435 ...... OXY–TET (oxytetracycline hydrochloride) Soluble Powder. 131–808 ...... DIROCIDE (diethylcarbamazine citrate) Syrup. 132–105 ...... BENZELMIN (oxfendazole) Equine Anthelmintic Paste. 133–841 ...... BENZELMIN (oxfendazole) Equine Anthelmintic Suspension. 134–779 ...... PARATECT FLEX (morantel Tartrate) Bolus. 135–544 ...... WINSTROL–V (stanozolol) Chewable Tablets. 135–940 ...... ANTIROBE AQUADROPS (clindamycin hydrochloride) Liquid. 136–342 ...... DI–TRIM 400 (trimethoprim and sulfadiazine) Paste. 136–483 ...... FILARIBITS PLUS (diethylcarbamazine citrate and oxibendazole) Chewable Tablets. 136–740 ...... BENZELMIN PLUS (oxfendazole and trichlorfon) Paste. 140–578 ...... SOLU–TET 324 (tetracycline hydrochloride) Soluble Powder. 140–819 ...... STRONGID C and C 2X (pyrantel tartrate) Equine Anthelminthic. 140–892 ...... SYNANTHIC (oxfendazole) Bovine Dewormer Paste 18.5%. 140–893 ...... CESTEX (epsiprantel) Tablets. 140–909 ...... SULKA–S (sulfamethazine) Bolus. 140–934 ...... VALBAZEN (albendazole) Oral Suspension. 141–004 ...... ROBAMOX–V (amoxicillin trihydrate) for Oral Suspension. 141–005 ...... ROBAMOX–V (amoxicillin trihydrate) Tablets. 141–051 ...... PROHEART (moxidectin) Tablets. 141–053 ...... RIMADYL (carprofen) Caplets for Dogs. 141–060 ...... DECCOX–M (decoquinate) Medicated Powder for Whole Milk. 141–080 ...... ANIPRYL (selegiline hydrochloride) Tablets. 141–087 ...... QUEST 2% (moxidectin) Equine Oral Gel. 141–111 ...... RIMADYL (carprofen) Chewable Tablets. 141–151 ...... ZENIQUIN (marbofloxacin) Tablets. 141–216 ...... QUEST PLUS (moxidectin and praziquantel) Gel. 141–232 ...... SIMPLICEF (cefpodoxime) Tablets. 141–260 ...... SLENTROL (dirlotapide) Oral Solution. 141–262 ...... CERENIA (maropitant) Tablets. 141–295 ...... PALLADIA (toceranib phosphate) Tablets. 200–046 ...... Neomycin Sulfate Soluble Powder. 200–106 ...... R–PEN (penicillin G potassium) Soluble Powder. 200–113 ...... BIOSOL (neomycin sulfate) Oral Liquid. 200–122 ...... SOLU–PEN (penicillin G potassium) Soluble Powder. 200–130 ...... NEO–SOL 50 (neomycin sulfate) Oral Solution. 200–189 ...... Lincomycin Soluble. 200–233 ...... LINCO Soluble. 200–244 ...... TUCOPRIM (trimethoprim and sulfadiazine) Powder. 200–441 ...... AUREOMYCYN (chlortetracycline) Soluble Powder.

Accordingly, the Agency is amending Following this change of sponsorship, In addition, FDA has noticed that the regulations in 21 CFR part 520 to Pfizer, Inc., and its wholly owned certain sections of part 520 contain reflect these transfers of ownership. subsidiaries are no longer sponsors of an entries describing conditions of use for Also, the regulations are being amended approved NADA. Accordingly, the new animal drug products for which no to make minor corrections and to reflect Agency is amending the regulations in NADA is approved. These errors were a current format. This is being done to 21 CFR 510.600(c) to reflect this change introduced by the Agency during the increase the accuracy and readability of of sponsorship. 1992 recodification of the regulations the regulations. for certifiable antibiotics (57 FR 37318,

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August 18, 1992). That rule did not (c) Conditions of use in dogs—(1) (2) Indications for use. For reducing identify whether particular regulations Amount. Administer orally at a dosage excessive smooth muscle contractions, were the subject of an approved NADA of 5 to 15 milligrams per pound of body such as occur in urethral spasms and consequently resulted in weight daily. associated with urolithiasis. codification of certain conditions of use (2) Indications for use. As an aid in (3) Limitations. Federal law restricts for which there is no approved NADA. the treatment of mild congestive heart this drug to use by or on the order of At this time, the Agency is amending failure and for rapid reduction of a licensed veterinarian. the regulations to remove these entries. intraocular pressure. ■ 10. Revise § 520.82b to read as This action is being taken to improve (3) Limitations. Federal law restricts follows: the accuracy of the regulations. this drug to use by or on the order of This rule does not meet the definition a licensed veterinarian. § 520.82b Aminopropazine and neomycin. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because § 520.38a [Amended] (a) Specifications. Each tablet it is a rule of ‘‘particular applicability.’’ contains aminopropazine fumarate ■ Therefore, it is not subject to the 5. In paragraph (b) of § 520.38a, equivalent to 25 percent congressional review requirements in 5 remove ‘‘000069’’ and in its place add aminopropazine base and neomycin U.S.C. 801–808. ‘‘054771’’. sulfate equivalent to 50 milligrams (mg) List of Subjects § 520.38b [Amended] of neomycin base. (b) Sponsor. See No. 000061 in 21 CFR Part 510 ■ 6. In paragraph (b) of § 520.38b, § 510.600(c) of this chapter. remove ‘‘000069’’ and in its place add Administrative practice and (c) Conditions of use in dogs—(1) ‘‘054771’’. Amount. Administer orally at a dosage procedure, Animal drugs, Labeling, ■ Reporting and recordkeeping 7. Revise § 520.62 to read as follows: of 1 to 2 mg per pound of body weight, requirements. repeated every 12 hours as indicated. § 520.62 Aminopentamide. (2) Indications for use. For control of 21 CFR Part 520 (a) Specifications. Each tablet bacterial diarrhea caused by organisms contains 0.2 milligram (mg) Animal drugs. susceptible to neomycin and to reduce aminopentamide hydrogen sulphate. smooth muscle contractions. Therefore, under the Federal Food, (b) Sponsor. See No. 054771 in (3) Limitations. Federal law restricts Drug, and Cosmetic Act and under § 510.600(c) of this chapter. this drug to use by or on the order of authority delegated to the Commissioner (c) Conditions of use in dogs and a licensed veterinarian. of Food and Drugs and redelegated to cats—(1) Amount. Administer orally the Center for Veterinary Medicine, 21 every 8 to 12 hours as follows: For ■ 11. In § 520.88a, revise paragraphs (a), CFR parts 510 and 520 are amended as animals weighing up to 10 pounds (lbs): (b), (c)(1)(i) and (iii), and (c)(2)(i) and follows: 0.1 mg; for animals weighing 11 to 20 (iii) to read as follows: lbs: 0.2 mg; for animals weighing 21 to PART 510—NEW ANIMAL DRUGS § 520.88a Amoxicillin trihydrate film- 50 lbs: 0.3 mg; for animals weighing 51 coated tablets. to 100 lbs: 0.4 mg; for animal weighing ■ 1. The authority citation for 21 CFR (a) Specifications. Each tablet over 100 lbs: 0.5 mg. Dosage may be part 510 continues to read as follows: contains amoxicillin trihydrate gradually increased up to a maximum of equivalent to 50, 100, 150, 200, or 400 Authority: 21 U.S.C. 321, 331, 351, 352, five times the suggested dosage. Oral 353, 360b, 371, 379e. milligrams (mg) amoxicillin. administration of tablets may be (b) Sponsor. See No. 054771 in § 510.600 [Amended] preceded by subcutaneous or § 510.600(c) of this chapter. intramuscular use of the injectable form ■ 2. In § 510.600, in the table in (c) * * * of the drug. paragraph (c)(1), remove the entries for (1) * * * (2) Indications for use. For the (i) Amount. Administer orally 5 mg ‘‘Alpharma, LLC’’; ‘‘Fort Dodge Animal treatment of vomiting and/or diarrhea, Health, Division of Wyeth’’; ‘‘Fort Dodge per pound (/lb) of body weight, twice a nausea, acute abdominal visceral spasm, day for 5 to 7 days. Animal Health, Division of Wyeth pylorospasm, or hypertrophic gastritis. Holdings Corp.’’; ‘‘Pfizer, Inc.’’; and (3) Limitations. Federal law restricts * * * * * (iii) Limitations. Federal law restricts ‘‘Pharmacia & Upjohn Co.’’; and in the this drug to use by or on the order of this drug to use by or on the order of table in paragraph (c)(2), remove the a licensed veterinarian. a licensed veterinarian. entries for ‘‘000009’’, ‘‘000069’’, ■ ‘‘000856’’, ‘‘046573’’, and ‘‘053501’’. 8. Revise § 520.82 to read as follows: (2) * * * § 520.82 Aminopropazine oral dosage (i) Amount. Administer orally 5 to 10 PART 520—ORAL DOSAGE FORM forms. mg/lb of body weight, once daily for 5 NEW ANIMAL DRUGS to 7 days. ■ 9. Revise § 520.82a to read as follows: * * * * * ■ 3. The authority citation for 21 CFR § 520.82a Aminopropazine. (iii) Limitations. Federal law restricts part 520 continues to read as follows: (a) Specifications. Each tablet this drug to use by or on the order of Authority: 21 U.S.C. 360b. contains aminopropazine fumarate a licensed veterinarian. ■ 4. Revise § 520.28 to read as follows: equivalent to 25 percent ■ 12. In § 520.88b, revise paragraphs (a), aminopropazine base. § 520.28 Acetazolamide. (b), (b)(1)(i)(A) and (C), (b)(1)(ii)(A) and (b) Sponsor. See No. 000061 in (C), and (c)(1)(i) and (iii) to read as (a) Specifications. A powder § 510.600(c) of this chapter. follows: containing acetazolamide sodium, USP (c) Conditions of use in dogs and equivalent to 25 percent acetazolamide cats—(1) Amount. Administer orally at § 520.88b Amoxicillin trihydrate for oral activity. a dosage of 1 to 2 milligrams per pound suspension. (b) Sponsor. See No. 054771 in of body weight, repeated every 12 hours (a) Specifications. When § 510.600(c) of this chapter. as indicated. reconstituted, each milliliter contains

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amoxicillin trihydrate equivalent to 50 (d) Conditions of use in preruminating § 520.88g Amoxicillin trihydrate and milligrams (mg) amoxicillin. calves including veal calves—(1) clavulanate potassium film-coated tablets. (b) Sponsor. See No. 054771 in Amount. Administer 400 mg per 100 * * * * * § 510.600(c) of this chapter. pounds of body weight twice daily by (b) Sponsor. See No. 054771 in (1) * * * drench or in milk. Treatment should be § 510.600(c) of this chapter. (i) * * * continued for 48 hours after all (c) * * * (A) Amount. Administer orally 5 mg symptoms have subsided but not to (1) * * * per pound (/lb) of body weight, twice a exceed 5 days. (i) Amount. 6.25 milligrams day for 5 to 7 days. * * * * * (equivalent to 5 milligrams amoxicillin * * * * * (3) Limitations. Do not slaughter and 1.25 milligrams clavulanic acid) per (C) Limitations. Federal law restricts animals during treatment or for 20 days pound of body weight twice daily for 5 this drug to use by or on the order of after the latest treatment. Federal law to 7 days or for 48 hours after all signs a licensed veterinarian. have subsided. Deep pyoderma may (ii) * * * restricts this drug to use by or on the order of a licensed veterinarian. require treatment for 21 days; do not (A) Amount. Administer orally 5 to 10 treat for more than 30 days. mg/lb of body weight, once daily for 5 ■ 15. In § 520.88e, revise paragraphs (a), * * * * * to 7 days. (b), (d) heading, (d)(1), and(3) to read as (iii) Limitations. Federal law restricts * * * * * follows: this drug to use by or on the order of (C) Limitations. Federal law restricts § 520.88e Amoxicillin trihydrate boluses. a licensed veterinarian. this drug to use by or on the order of (2) * * * a licensed veterinarian. (a) Specifications. Each bolus contains (i) Amount. 62.5 milligrams (1 * * * * * amoxicillin trihydrate equivalent to 400 milliliter) (50 milligrams amoxicillin (c) * * * milligrams (mg) amoxicillin. and 12.5 milligrams clavulanic acid) (1) Conditions of use in dogs—(i) (b) Sponsor. See No. 054771 in twice daily for 5 to 7 days or for 48 Amount. Administer orally 5 mg/lb of § 510.600(c) of this chapter. hours after all signs have subsided. body weight, twice a day for 5 to 7 days. * * * * * Urinary tract infections may require * * * * * (d) Conditions of use in cattle—(1) treatment for 10 to 14 days or longer. (iii) Limitations. Federal law restricts Amount. Administer 400 mg per 100 The maximum duration of treatment this drug to use by or on the order of pounds of body weight twice daily. should not exceed 30 days. a licensed veterinarian. Treatment should be continued for 48 * * * * * * * * * * hours after all symptoms have subsided (iii) Limitations. Federal law restricts but not to exceed 5 days. ■ 13. In § 520.88c, revise paragraphs (a), this drug to use by or on the order of (b), (d) heading, (d)(1), and (d)(3) to read * * * * * a licensed veterinarian. as follows: (3) Limitations. Do not slaughter ■ 18. In § 520.88h, revise paragraphs (b), animals during treatment or for 20 days (c)(1)(i) and (iii), and (c)(2)(i) and (iii) to § 520.88c Amoxicillin trihydrate oral after the latest treatment. Federal law read as follows: suspension. restricts this drug to use by or on the (a) Specifications. Each 0.8-milliliter order of a licensed veterinarian. § 520.88h Amoxicillin trihydrate and dose contains amoxicillin trihydrate clavulanate potassium for oral suspension. equivalent to 40 milligrams (mg) ■ 16. Revise § 520.88f to read as follows: * * * * * amoxicillin. § 520.88f Amoxicillin trihydrate tablets. (b) Sponsor. See No. 054771 in (b) Sponsor. See No. 054771 in § 510.600(c) of this chapter. § 510.600(c) of this chapter. (a) Specifications. Each tablet (c) * * * contains amoxicillin trihydrate * * * * * (1) * * * (d) Conditions of use in swine—(1) equivalent to 50, 100, 200, or 400 (i) Amount. 6.25 milligrams Amount. Administer 40 mg orally twice milligrams (mg) amoxicillin. (equivalent to 5 milligrams amoxicillin a day using a dosing pump. Treat (b) Sponsors. See Nos. 051311 and and 1.25 milligrams clavulanic acid) per animals for 48 hours after all symptoms 054771 in § 510.600(c) of this chapter. pound of body weight twice daily for 5 have subsided but not beyond 5 days. (c) Conditions of use in dogs—(1) to 7 days or for 48 hours after all signs Amount. Administer 5 mg per pound of * * * * * have subsided. Deep pyoderma may (3) Limitations. Do not slaughter body weight twice daily for 5 to 7 days require treatment for 21 days; do not during treatment or for 15 days after or 48 hours after all symptoms have treat for more than 30 days. subsided. latest treatment. Federal law restricts * * * * * (2) Indications for use. For treatment this drug to use by or on the order of (iii) Limitations. Federal law restricts of bacterial dermatitis due to a licensed veterinarian. this drug to use by or on the order of Staphylococcus aureus, Streptococcus a licensed veterinarian. ■ 14. In § 520.88d, revise paragraphs (a), spp., Staphylococcus spp., and (2) * * * (b), (d) heading, (d)(1), and (d)(3) to read Escherichia coli; and soft tissue (i) Amount. 62.5 milligrams (1 as follows: infections (abscesses, wounds, milliliter) (50 milligrams amoxicillin lacerations) due to S. aureus, § 520.88d Amoxicillin trihydrate soluble and 12.5 milligrams clavulanic acid) powder. Streptococcus spp., E. coli, Proteus twice daily. Administer 48 hours after mirabilis, and Staphylococcus spp. (a) Specifications. Each gram of all signs have subsided. Maximum (3) Limitations. Federal law restricts powder contains amoxicillin trihydrate duration of treatment should not exceed this drug to use by or on the order of equivalent to 115.4 milligrams (mg) 30 days. a licensed veterinarian. amoxicillin. * * * * * (b) Sponsor. See No. 054771 in ■ 17. In § 520.88g, revise paragraphs (b), (iii) Limitations. Federal law restricts § 510.600(c) of this chapter. (c)(1)(i) and (iii), and (c)(2)(i) and (iii) to this drug to use by or on the order of * * * * * read as follows: a licensed veterinarian.

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§ 520.90a [Reserved] ■ 23. In § 520.90e, revise the section to 1, 5, or 10 milligrams (mg) ■ 19. Remove and reserve § 520.90a. heading and paragraph (d)(3) to read as butorphanol base. ■ 20. In § 520.90b, revise the section follows: (b) Sponsor. See No. 054771 in § 510.600(c) of this chapter. heading, paragraph (b), paragraph (c) § 520.90e Ampicillin for soluble powder. heading, and paragraph (c)(3) to read as (c) Conditions of use in dogs—(1) follows: * * * * * Amount. Administer 0.25 mg (d) * * * butorphanol base per pound of body § 520.90b Ampicillin tablets. (3) Limitations. Treated swine must weight. Repeat at intervals of 6 to 12 * * * * * not be slaughtered for food during hours as required. Treatment should not (b) Sponsor. See No. 054771 in treatment and for 24 hours following the normally be required for longer than 7 § 510.600(c) of this chapter. last treatment. Federal law restricts this days. (c) Conditions of use in dogs— drug to use by or on the order of a (2) Indications for use. For the relief * * * * * licensed veterinarian. of chronic nonproductive cough (3) Limitations. Federal law restricts ■ 24. In § 520.90f, revise the section associated with tracheobronchitis, this drug to use by or on the order of heading and revise paragraph (b) and in tracheitis, tonsillitis, laryngitis, and a licensed veterinarian. paragraphs (d)(1)(ii) and (d)(2)(ii), pharyngitis associated with ■ 21. In § 520.90c, revise the section remove the second sentence.. inflammatory conditions of the upper heading, paragraphs (b), (c)(1)(iii), and The revisions read as follows: respiratory tract. (c)(2)(iii) to read as follows: (3) Limitations. Federal law restricts § 520.90f Ampicillin boluses. this drug to use by or on the order of § 520.90c Ampicillin capsules. * * * * * a licensed veterinarian. * * * * * (b) Sponsors. See sponsor numbers in § 520.260 [Amended] (b) Sponsor. See No. 054771 in § 510.600(c) of this chapter as follows: § 510.600(c) of this chapter. (1) No. 055529 for use as in paragraph ■ 30. In § 520.260, remove footnote 1 (c) * * * (d)(1) of this section; wherever it occurs; and in paragraph (1) * * * (2) No. 054771 for use as in paragraph (b)(2), remove ‘‘000069’’ and in its place (iii) Limitations. Federal law restricts (d)(2) of this section. add ‘‘054771’’. this drug to use by or on the order of * * * * * ■ 31. In § 520.300a, revise paragraph (c) a licensed veterinarian. ■ 25. In § 520.110, revise paragraph (d) to read as follows: (2) * * * to read as follows: (iii) Limitations. Federal law restricts § 520.300a Cambendazole suspension. this drug to use by or on the order of § 520.110 Apramycin sulfate soluble * * * * * a licensed veterinarian. powder. (c) Conditions of use in horses—(1) ■ 22. In § 520.90d, revise the section * * * * * Amount. Administer by stomach tube or heading, paragraphs (c)(1)(i) and (iii), (d) Conditions of use in swine—(1) as a drench at a dose of 0.9 gram of and (c)(2)(i) and (iii) to read as follows: Amount. Administer in drinking water cambendazole per 100 pounds of body at the rate of 12.5 milligrams of weight (20 milligrams per kilogram). § 520.90d Ampicillin for oral suspension. apramycin per kilogram (5.7 milligrams (2) Indications for use. For the control * * * * * per pound) of body weight per day for of large strongyles (Strongylus vulgaris, (c) * * * 7 days. S. edentatus, S. equinus); small (1) * * * (2) Indications for use. For the control strongyles (Trichonema, (i) Amount. Administer to 10 of porcine colibacillosis (weanling pig Poteriostomum, Cylicobrachytus, milligrams per pound of body weight scours) caused by strains of Escherichia Craterostomum, Oesophagodontus); orally, 2 or 3 times daily, 1 to 2 hours coli sensitive to apramycin. roundworms (Parascaris); pinworms prior to feeding. In severe or acute (3) Limitations. Prepare fresh (Oxyuris); and threadworms conditions, 10 milligrams per pound of medicated water daily. Do not slaughter (Strongyloides). body weight 3 times daily. Duration of treated swine for 28 days following (3) Limitations. Do not use in horses treatment is usually 3 to 5 days. treatment. intended for human consumption. Continue treatment 48 hours after the Federal law restricts this drug to use by animal’s temperature has returned to § 520.154a [Amended] or on the order of a licensed normal and all other signs of infection ■ 26. In paragraph (b) of § 520.154a, veterinarian. have subsided. remove ‘‘046573’’ and in its place add ■ 32. In § 520.300b, revise paragraph (c) * * * * * ‘‘054771’’. to read as follows: (iii) Limitations. Federal law restricts this drug to use by or on the order of § 520.154b [Amended] § 520.300b Cambendazole pellets. a licensed veterinarian. ■ 27. In paragraph (b) of § 520.154b, * * * * * (2) * * * remove ‘‘046573’’ and in its place add (c) Conditions of use in horses—(1) (i) Amount. Administer 10 to 30 ‘‘054771’’. Amount. Administer 20 milligrams milligrams per pound of body weight cambendazole per kilogram body weight orally, 2 or 3 times daily, 1 to 2 hours § 520.154c [Amended] (6 ounces per 1,000 pounds) by mixing prior to feeding. Duration of treatment is ■ 28. In paragraph (b) of § 520.154c, with normal grain ration given at one usually 3 to 5 days. Continue treatment remove ‘‘053501’’ and in its place add feeding. Doses for individual horses 48 hours after the animal’s temperature ‘‘054771’’. should be mixed and fed separately to has returned to normal and all other ■ 29. Revise § 520.246 to read as assure that each horse will consume the signs of infection have subsided. follows: correct amount. For animals maintained * * * * * on premises where reinfection is likely (iii) Limitations. Federal law restricts § 520.246 Butorphanol tablets. to occur, re-treatments may be this drug to use by or on the order of (a) Specifications. Each tablet necessary. For most effective results, re- a licensed veterinarian. contains butorphanol tartrate equivalent treat in 6 to 8 weeks.

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(2) Indications for use. For the control place add ‘‘054771’’; and remove ■ 47. In § 520.534, revise paragraph (a), of large strongyles (Strongylus vulgaris, paragraph (b)(1)(iii). and in paragraph (b), remove ‘‘046573’’ S. edentatus, S. equinus); small and in its place add ‘‘054771’’. strongyles (Trichonema, § 520.390b [Amended] The revision reads as follows: Poteriostomum, Cylicobrachytus, ■ 38. In § 520.390b, in paragraph (b), § 520.534 Decoquinate. Craterostomum, Oesophagodontus); remove ‘‘000069 and 050057’’ and in its roundworms (Parascaris); pinworms place add ‘‘050057 and 054771’’. (a) Specifications. Each gram of (Oxyuris); and threadworms powder contains 8 milligrams (0.8 (Strongyloides). § 520.390c [Amended] percent) decoquinate. (3) Limitations. Do not administer to ■ 39. In § 520.390c, in paragraph (b), * * * * * pregnant mares during first 3 months of remove ‘‘000856’’ and in its place add ■ 48. Revise § 520.540a to read as pregnancy. Do not use in horses ‘‘054771’’. follows: intended for human consumption. Consult your veterinarian for assistance § 520.420 [Amended] § 520.540a Dexamethasone powder. in the diagnosis, treatment, and control ■ 40. In § 520.420, remove footnote 1 (a) Specifications. Each packet of parasitism. wherever it occurs. contains 10 milligrams (mg) of dexamethasone. ■ 33. In § 520.300c, revise paragraph (c) § 520.434 [Amended] (b) Sponsor. See No. 000061 in to read as follows: ■ 41. In § 520.434, in paragraph (b), § 510.600(c) of this chapter. § 520.300c Cambendazole paste. remove ‘‘000009’’ and in its place add (c) Conditions of use in cattle and * * * * * ‘‘054771’’; and in paragraph (c)(3), horses—(1) Amount. Administer 5 to 10 (c) Conditions of use in horses—(1) remove the first four sentences. mg per animal the first day then 5 mg Amount. Administer 20 milligrams per day as required by drench or by § 520.441 [Amended] cambendazole per kilogram body weight sprinkling on a small amount of feed. (5 grams per 550 pounds (250 ■ 42. In § 520.441, in paragraph (b)(2), (2) Indications for use. As supportive kilograms)) by depositing the paste on remove ‘‘046573 and 000010’’ and in its therapy following parenteral steroid the back of the tongue using a dosing place add ‘‘000010 and 054771’’. administration for management or gun. For animals maintained on inflammatory conditions such as acute premises where reinfection is likely to § 520.446 [Amended] arthritic lameness, and for various stress occur, re-treatments may be necessary. ■ 43. In § 520.446, in paragraph (b)(1), conditions where corticosteroids are For most effective results, re-treat in 6 remove ‘‘000009 and 000859’’ and in its required while the animal is being to 8 weeks. place add ‘‘000859 and 054771’’. treated for a specific condition. (3) Limitations. Federal law restricts (2) Indications for use. For the control § 520.447 [Amended] this drug to use by or on the order of of large strongyles (Strongylus vulgaris, a licensed veterinarian. A withdrawal S. edentatus, S. equinus); small ■ 44. In § 520.447, in paragraph (b), period has not been established for this strongyles (Trichonema, remove ‘‘000009, 000859, 051311’’ and product in preruminating calves. Do not Poteriostomum, Cylicobrachytus, in its place add ‘‘000859, 051311, use in calves to be processed for veal. Craterostomum, Oesophagodontus); 054771’’. Do not use in horses intended for roundworms (Parascaris); pinworms human consumption. (Oxyuris); and threadworms § 520.530 [Amended] ■ (Strongyloides). ■ 45. In § 520.530, in paragraph (b), 49. In § 520.540b, remove footnote 1 (3) Limitations. Do not administer to remove ‘‘053501’’ and in its place add wherever it occurs; and revise pregnant mares during first 3 months of ’’ 054771’’; and in paragraph (d)(3), paragraphs (a)(3) and (b)(3) to read as pregnancy. Do not use in horses remove the first two sentences. follows: intended for human consumption. ■ 46. Amend § 520.531 as follows: § 520.540b Dexamethasone tablets and Consult your veterinarian for assistance ■ a. Add paragraph (a); boluses. in the diagnosis, treatment, and control ■ b. Remove paragraph (c); (a) * * * of parasitism. ■ c. Redesignate paragraph (d) as (3) Conditions of use in cattle and § 520.309 [Amended] paragraph (c); and horses—(i) Amount. Administer orally 5 ■ d. Revise paragraph (b) and newly to 10 milligrams on the first day, then ■ 34. In § 520.309, in paragraph (b)(1), redesignated paragraph (c)(3). 5 milligrams per day as required. remove ‘‘000069’’ and in its place add The addition and revision read as (ii) Indications for use. As supportive ‘‘054771’’. follows: therapy following parenteral steroid § 520.310 [Amended] administration for management or § 520.531 Cythioate tablets. inflammatory conditions such as acute ■ 35. In § 520.310, in paragraph (b), (a) Specifications. Each tablet arthritic lameness, and for various stress remove ‘‘000856’’ and in its place add contains 30 or 90 milligrams (mg) conditions where corticosteroids are ‘‘054771’’; and remove footnote 1 cythioate. required while the animal is being wherever it occurs. (b) Sponsors. See sponsor numbers in treated for a specific condition. § 510.600(c) of this chapter as follows: (iii) Limitations. Federal law restricts § 520.370 [Amended] (1) No. 000859 for use of 30- and 90- this drug to use by or on the order of ■ 36. In § 520.370, in paragraph (b), mg tablets; a licensed veterinarian. A withdrawal remove ‘‘000009 and 026637’’ and in its (2) No. 054771 for use of the 30-mg period has not been established for this place add ‘‘026637 and 054771’’. tablet. product in preruminating calves. Do not (c) * * * use in calves to be processed for veal. § 520.390a [Amended] (3) Limitations. Federal law restricts Do not use in horses intended for ■ 37. In § 520.390a, in paragraph this drug to use by or on the order of human consumption. (b)(1)(ii), remove ‘‘000856’’ and in its a licensed veterinarian. (b) * * *

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(3) Conditions of use in dogs and § 520.608 Dicloxacillin. pound (/lb) of body weight for 3 to 5 cats—(i) Amount. Dogs: Administer * * * * * days; orally 0.25 to 1.25 milligrams per day (b) Sponsor. See No. 054771 in (ii) For hookworms (Ancylostoma for up to 7 days. Cats: Administer orally § 510.600 (c) of this chapter. caninum, Uncinaria stenocephala) and 0.125 to 0.5 milligrams per day for up (c) Conditions of use in dogs—(1) whipworms (Trichuris vulpis): 10 mg/lb to 7 days. Amount. Administer orally 5 to 10 of body weight for 7 days; (ii) Indications for use. As an anti- milligrams per pound of body weight, (iii) For Strongyloides (Strongyloides inflammatory agent. three times daily. In severe cases, up to canis, Strongyloides stercoralis): 10 mg/ (iii) Limitations. Federal law restricts 25 milligrams per pound of body weight lb of body weight for 10 to 12 days; this drug to use by or on the order of three times daily. (iv) For heartworm microfilariae a licensed veterinarian. (2) Indications for use. For the (Dirofilaria immitus): 3 to 5 mg/lb of ■ 50. Amend § 520.540c as follows: treatment of pyoderma (pyogenic body weight for 7 to 10 days. Treatment ■ a. Remove footnote 1 wherever it dermatitis) due to penicillinase- for heartworm microfilariae should producing staphylococci sensitive to occurs; follow 6 weeks after therapy for adult ■ b. In paragraph (b), remove ‘‘000069’’ dicloxacillin. worms. and in its place add ‘‘054771’’; and (3) Limitations. Federal law restricts ■ c. Revise paragraph (c). this drug to use by or on the order of (2) Limitations. Federal law restricts The revision reads as follows: a licensed veterinarian. this drug to use by or on the order of a licensed veterinarian. § 520.540c Dexamethasone chewable § 520.622a [Amended] ■ tablets. 62. Revise § 520.763b to read as ■ 55. In § 520.622a, in paragraph (a)(2), follows: * * * * * remove ‘‘053501’’ and in its place add (c) Conditions of use in dogs—(1) ‘‘054771’’. § 520.763b Dithiazanine powder. Amount. Administer by free-choice (a) Specifications. Each tablespoon of feeding or crumbled over food 0.25 to § 520.622b [Amended] powder contains 200 milligrams (mg) 1.25 milligrams daily in single or two ■ 56. In § 520.622b, in paragraph (a)(2), dithiazanine iodide. divided doses until response is noted or remove ‘‘053501’’ and in its place add (b) Sponsor. See No. 000010 in 7 days have elapsed. When response is ‘‘054771’’. § 510.600(c) of this chapter. attained, dosage should be gradually (c) Conditions of use in dogs—(1) reduced by 0.125 milligram per day § 520.622c [Amended] Indications for use and amount. until maintenance level is achieved. ■ 57. In § 520.622c, in paragraph (b)(2), Administer orally by mixing in food as (2) Indications for use. As supportive remove ‘‘000069’’ and in its place add therapy in nonspecific dermatosis and follows: ‘‘054771’’. (i) For large roundworms (Toxocara inflammatory conditions. ■ (3) Limitations. Federal law restricts 58. In § 520.623, revise the section canis, Toxascaris leonina): 10 mg per this drug to use by or on the order of heading and paragraphs (b) and (c)(3) to pound (/lb) of body weight for 3 to 5 a licensed veterinarian. read as follows: days; § 520.623 Diethylcarbamazine and (ii) For hookworms (Ancylostoma § 520.550 [Removed] oxibendazole chewable tablets. caninum, Uncinaria stenocephala) and ■ 51. Remove § 520.550. * * * * * whipworms (Trichuris vulpis): 10 mg/lb ■ 52. In § 520.563, revise the section (b) Sponsor. See No. 054771 in of body weight for 7 days; heading, remove ‘‘053501’’ in paragraph § 510.600(c) of this chapter. (iii) For Strongyloides (Strongyloides (b) and in its place add ‘‘054771’’, and (c) * * * canis, Strongyloides stercoralis): 10 mg/ revise paragraph (c). (3) Limitations. Federal law restricts lb of body weight for 10 to 12 days; The revisions read as follows: this drug to use by or on the order of (iv) For heartworm microfilariae a licensed veterinarian. (Dirofilaria immitus): 3 to 5 mg/lb of § 520.563 Dexamethasone chewable tablets. body weight for 7 to 10 days. Treatment § 520.666 [Amended] for heartworm microfilariae should * * * * * ■ 59. In § 520.666, in paragraph (b), follow 6 weeks after therapy for adult (c) Conditions of use in dogs and remove ‘‘000069’’ and in its place add worms. cats—(1) Amount. Administer orally 0.5 ‘‘054771’’. (2) Limitations. Federal law restricts to 1.0 milliliter per pound of body ■ 60. Revise § 520.763 to read as this drug to use by or on the order of weight by gavage or stomach tube. follows: a licensed veterinarian. Administered rectally 0.5 to 1.0 ■ milliliter per pound of body weight § 520.763 Dithiazanine oral dosage forms. 63. In § 520.763c, redesignate paragraph (d) as paragraph (c); and diluted with 1 part of the drug to 5 parts ■ 61. Revise § 520.763a to read as revise paragraphs (a), (b), and the of water. follows: (2) Indications for use. For redesignated paragraph (c) heading to radiography of the gastrointestinal tract. § 520.763a Dithiazanine tablets. read as follows: (3) Limitations. Federal law restricts (a) Specifications. Each tablet § 520.763c Dithiazanine and piperazine this drug to use by or on the order of contains 10, 50, 100, or 200 milligrams suspension. a licensed veterinarian. (mg) dithiazanine iodide. (a) Specifications. Each milliliter of (b) Sponsor. See No. 054628 in § 520.580 [Amended] suspension contains 69 milligrams (mg) § 510.600(c) of this chapter. ■ 53. In § 520.580, in paragraph (b)(2), (c) Conditions of use in dogs—(1) dithiazanine iodide and 83 mg remove ‘‘054628’’ and in its place add Indications for use and amount. piperazine base (as piperazine citrate). ‘‘054771’’. Administer orally immediately after (b) Sponsor. See No. 054628 in ■ 54. In § 520.608, revise the section feeding as follows: § 510.600(c) of this chapter. heading and paragraphs (b) and (c) to (i) For large roundworms (Toxocara (c) Conditions of use in horses— read as follows: canis, Toxascaris leonina): 10 mg per * * * * *

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■ 64. Amend § 520.784 by revising the ■ c. Revise paragraph (c). (b) Sponsor. See No. 000859 in section heading and paragraph (c) to The revisions read as follows: § 510.600(c) of this chapter. read as follows: (c) Conditions of use in horses—(1) § 520.863 Ethylisobutrazine. Amount. 3 milliliters per 100 pounds § 520.784 Doxylamine. * * * * * body weight or 1 fluid ounce per 1000 * * * * * (c) Conditions of use in dogs—(1) pounds (6 milligrams per kilogram body (c) Conditions of use—(1) Amount. Amount. Administer orally 2 to 5 weight). Administer by stomach tube or Horses: Administer orally 1 to 2 milligrams per pound of body weight drench, or by mixing well into a portion milligrams (mg) per pound (/lb) of body once daily. of the normal grain ration. For animals weight per day divided into 3 or 4 equal (2) Indications for use. As a maintained on premises where doses. Dogs and cats: Administer orally tranquilizer. reinfection is likely to occur, 2 to 3 mg/lb of body weight per day (3) Limitations. Federal law restricts retreatment may be necessary. For most divided into 3 or 4 equal doses. this drug to use by or on the order of effective results, retreat in 6 to 8 weeks. (2) Indications for use. For use when a licensed veterinarian. (2) Indications for use. For removal of antihistaminic therapy may be expected ■ 69. In § 520.870, add paragraph (c) ascarids (Parascaris equorum—adult to alleviate some signs of disease in and remove paragraph (d). and sexually immature), pinworms horses, dogs, and cats. The addition reads as follows: (Oxyuris equi—adult and 4th stage (3) Limitations. Do not use in horses larvae), large strongyles (Strongylus § 520.870 Etodolac. intended for human consumption. vulgaris, S. edentatus, S. equinus), and Federal law restricts this drug to use by * * * * * various small strongyles in horses, or on the order of a licensed (c) Conditions of use in dogs—(1) breeding stallions and mares, pregnant veterinarian. Amount. Administer 10 to 15 mg per mares, foals, and ponies. kilogram (4.5 to 6.8 mg per pound) of ■ 65. Revise § 520.804 to read as (3) Limitations. Do not use in horses body weight per day orally. follows: intended for human consumption. (2) Indications for use. For the Federal law restricts this drug to use by § 520.804 Enalapril. management of pain and inflammation or on the order of a licensed (a) Specifications. Each tablet associated with osteoarthritis. veterinarian. (3) Limitations. Federal law restricts contains 1.0, 2.5, 5.0, 10, or 20 * * * * * milligrams (mg) of enalapril maleate. this drug to use by or on the order of a licensed veterinarian. ■ 72. In § 520.903d, revise the section (b) Sponsor. See No. 050604 in heading and paragraph (c)(3) and ■ 70. Revise § 520.903a to read as § 510.600(c) of this chapter. remove paragraph (c)(4). follows: (c) Conditions of use in dogs—(i) The revisions read as follows: Amount. Administer orally 0.5 to 1.0 mg § 520.903a Febantel paste. of enalapril maleate per kilogram of § 520.903d Febantel and praziquantel body weight per day. (a) Specifications. Each gram of paste paste. (ii) Indications for use. For the contains 455 milligrams (45.5 percent) * * * * * treatment of mild, moderate, and severe febantel. (c) * * * (modified New York Heart Association (b) Sponsor. See No. 000859 in (3) Limitations. Federal law restricts Class II, III, IV) heart failure in dogs. § 510.600(c) of this chapter. this drug to use by or on the order of (c) Conditions of use in horses—(1) (iii) Limitations. Federal law restricts a licensed veterinarian. Amount. Administer paste orally at 6 this drug to use by or on the order of ■ 73. In § 520.903e, revise paragraphs milligrams per kilogram (2.73 a licensed veterinarian. (b) and (c)(3) to read as follows: milligrams per pound) of body weight ■ 66. In § 520.816, revise the section on the base of the tongue or well mixed § 520.903e Febantel tablets. heading and paragraphs (b) and (c)(3) to into a portion of the normal grain ration. read as follows: * * * * * For animals maintained on premises (b) Sponsor. See No. 000859 in § 520.816 Epsiprantel. where reinfection is likely to occur, § 510.600(c) of this chapter. retreatment may be necessary. For most * * * * * (c) * * * effective results, retreat in 6 to 8 weeks. (b) Sponsor. See No. 050604 in (3) Limitations. Federal law restricts (2) Indications for use. For removal of § 510.600(c) of this chapter. this drug to use by or on the order of large strongyles (Strongylus vulgaris, S. (c) * * * a licensed veterinarian. edentatus, S. equinus); ascarids (3) Limitations. Federal law restricts ■ 74. In § 520.960, revise the section (Parascaris equorum—sexually mature this drug to use by or on the order of heading and paragraphs (b) and (c)(3) to and immature); pinworms (Oxyuris a licensed veterinarian. read as follows: equi—adult and 4th stage larva); and ■ 67. In § 520.823, revise the section various small strongyles in horses, foals, § 520.960 Flumethasone. heading and paragraph (a) to read as and ponies. * * * * * follows: (3) Limitations. Do not use in horses (b) Sponsor. See No. 054771 in § 520.823 Erythromycin. intended for human consumption. § 510.600(c) of this chapter. Consult your veterinarian for assistance (a) Specifications. Each gram of (c) * * * in the diagnosis, treatment, and control (3) Limitations. Federal law restricts powder contains erythromycin of parasitism. this drug to use by or on the order of phosphate equivalent to 0.89 gram of ■ a licensed veterinarian. erythromycin master standard. 71. In § 520.903b, revise paragraphs (a), (b), and (c) to read as follows: ■ 75. Add § 520.1060 to read as follows: * * * * * ■ 68. Amend § 520.863 as follows: § 520.903b Febantel suspension. § 520.1060 Glucose and glycine. ■ a. Revise the section heading; (a) Specifications. Each ounce of (a) Specifications. Each packet of ■ b. Remove footnote 1 wherever it suspension contains 2.75 grams (9.3 powder contains 8.82 grams sodium occurs; and percent ounce) febantel. chloride, 4.20 grams potassium

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phosphate, 0.5 gram citric acid ■ b. Redesignate paragraphs (b) through ■ 80. In § 520.1158, revise the section anhydrous, 0.12 gram potassium citrate, (f) as paragraphs (a) through (e), heading and paragraphs (b) and (c)(3) to 6.36 grams aminoacetic acid (glycine), respectively; and read as follows: and 44.0 grams glucose. ■ c. Revise newly redesignated § 520.1158 Iodochlorhydroxyquin. (b) Sponsor. See No. 054771 in paragraphs (a) and (e). § 510.600(c) of this chapter. The revisions read as follows: * * * * * (b) Sponsor. See No. 054771 in (c) Conditions of use in calves—(1) § 520.1120a Haloxon drench. Amount. Dissolve each packet in 2 § 510.600 (c) of this chapter. * * * * * quarts of warm water and administer to (c) * * * (a) Specifications. Each packet (3) Limitations. Do not use in horses each calf as follows: contains 141.5 grams haloxon. (i) Scouring and/or dehydrated calves. intended for human consumption. * * * * * Feed 2 quarts of solution, twice daily for Federal law restricts this drug to use by (e) Conditions of use in cattle—(1) or on the order of a licensed 2 days (four feedings). No milk or milk Amount. Dissolve each packet in 32 replacer should be fed during this veterinarian. fluid ounces of water and administer as ■ 81. In § 520.1196, revise the section period. For the next four feedings (days follows: For animals weighing up to 100 heading and paragraphs (c)(1)(i) and (iii) 3 and 4), use 1 quart of solution together pounds: 1/2 fluid ounce; for animals to read as follows: with 1 quart of milk replacer. weighing 100 to 150 pounds: 3/4 fluid Thereafter, feed as normal. ounce; for animals weighing 150 to 200 § 520.1196 Ivermectin and pyrantel tablets. (ii) Newly purchased calves. Feed 2 pounds: 1 fluid ounce; for animals * * * * * quarts of solution instead of milk as the weighing 200 to 300 pounds: 1 1/2 fluid first feed upon arrival. For the next (c) * * * ounces; for animals weighing 300 to 450 (1) * * * scheduled feeding, use 1 quart of pounds: 2 fluid ounces; for animals solution mixed together with 1 quart of (i) Amount. Administer a minimum of weighing 450 to 700 pounds: 3 fluid m milk or milk replacer. Thereafter, feed 6 g of ivermectin and 5 mg of pyrantel ounces; for animals weighing 700 to m as normal. per kilogram (2.72 g and 2.27 mg per 1,000 pounds: 4 fluid ounces; for pound) of body weight monthly. (2) Indications for use. For control of animals weighing 1,000 to 1,200 dehydration associated with diarrhea pounds: 5 fluid ounces; for animals * * * * * (scours); and as an early treatment at the weighing over 1,200 pounds: 6 fluid (iii) Limitations. Federal law restricts first signs of scouring. It may also be ounces. Retreat in 3 to 4 weeks. this drug to use by or on the order of used as followup treatment following (2) Indications for use. For control of a licensed veterinarian. intravenous fluid therapy. gastrointestinal roundworms of the * * * * * genera Haemonchus, Ostertagia, (3) Limitations. The product should § 520.1199 [Amended] not be used in animals with severe Trichostrongylus, and Cooperia. dehydration (down, comatose, or in a (3) Limitations. Do not treat dairy ■ 82. In § 520.1199, in paragraph (b), state of shock). Such animals need animals of breeding age. Do not treat remove ‘‘Sponsors’’ and in its place add intravenous therapy. A veterinarian within 1 week of slaughter. ‘‘Sponsor’’. ■ 78. Amend § 520.1120b as follows: should be consulted in severely § 520.1204 [Amended] scouring calves. The product is not ■ a. Remove paragraph (a); nutritionally complete if administered ■ b. Redesignate paragraphs (b) through ■ 83. In § 520.1204, in paragraph (b), by itself for long periods of time. It (e) as paragraphs (a) through (d), remove ‘‘000856’’ and in its place add should not be administered beyond the respectively; and ‘‘054771’’. ■ c. Revise newly redesignated recommended treatment period without § 520.1242a [Amended] the addition of milk or milk replacer. paragraph (d). The revisions read as follows: ■ ■ 76. In § 520.1100, revise paragraphs 84. In § 520.1242a, in paragraph (b)(2), (d)(1)(ii) and (d)(2)(i)(A) to read as § 520.1120b Haloxon boluses. remove ‘‘053501’’ and in its place add ‘‘054771’’. follows: * * * * * (d) Conditions of use in cattle—(1) ■ 85. Revise § 520.1242b to read as § 520.1100 Griseofulvin. Amount. Administered one bolus per follows: * * * * * 500 pounds body weight (35 to 50 § 520.1242b Levamisol boluses or oblets. (d) * * * milligrams per kilogram of body (1) * * * weight). Retreat in 3 to 4 weeks. (a) Specifications. Each bolus contains (ii) Limitations. Do not use in horses (2) Indications for use. For control of 2.19 grams levamisol hydrochloride. intended for human consumption. gastrointestinal roundworms of the Each oblet contains 0.184 grams (2) * * * genera Haemonchus, Ostertagia, levamisol hydrochloride. (b) Sponsors. See Nos. 000061 and (i) * * * Trichostrongylus, and Cooperia. 054771 in § 510.600(c) of this chapter. (A) Daily (single or divided) dose as (3) Limitations. Do not treat dairy (c) Required labeling. Consult your follows: For animals weighing up to 6 animals of breeding age or older. Do not veterinarian for assistance in the pounds: 62.5 milligrams; for animals treat within 1 week of slaughter. diagnosis, treatment, and control of weighing 6 to 18 pounds: 125 ■ 79. In § 520.1157, revise the section parasitism. milligrams; for animals weighing 18 to heading and paragraph (c)(3) to read as (d) Related tolerances. See § 556.350 36 pounds: 250 milligrams; for animals follows: of this chapter. weighing 36 to 48 pounds: 375 § 520.1157 Iodinated casein. (e) Conditions of use—(1) Cattle—(i) milligrams; for animal weighing 48 to 75 Amount. Administer orally 2.19-gram pounds: 500 milligrams. * * * * * (c) * * * boluses as a single dose as follows: 250 * * * * * (3) Limitations. Federal law restricts to 450 pounds, 1⁄2 bolus; 450 to 750 ■ 77. Amend § 520.1120a as follows: this drug to use by or on the order of pounds, 1 bolus; and 750 to 1,050 ■ a. Remove paragraph (a); a licensed veterinarian. pounds, 11⁄2 boluses.

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(ii) Indications for use. Anthelmintic spp.), ascarids (Parascaris equorum), remove ‘‘046573’’ and in its place add effective against the following nematode and pinworms (Oxyuris equi). ‘‘054771’’. infections: Stomach worms (3) Limitations. Do not use in horses (Haemonchus, Trichostrongylus, intended for human consumption. § 520.1265 [Amended] Ostertagia), intestinal worms Federal law restricts this drug to use by ■ 92. In § 520.1265, in paragraph (b)(1) (Trichostrongylus, Cooperia, or on the order of a licensed remove ‘‘000009’’ and in its place add Nematodirus, Bunostomum, veterinarian. ‘‘054771’’. Oesophagostomum), and lungworms ■ § 520.1242e [Amended] 93. Revise § 520.1284 to read as (Dictyocaulus). follows: (iii) Limitations. Conditions of ■ 87. In paragraph (b) of § 520.1242e, constant helminth exposure may require remove ‘‘053501’’ and in its place add § 520.1284 Liothyronine. re-treatment within 2 to 4 weeks after ‘‘054771’’. (a) Specifications. Each tablet the first treatment. Do not slaughter for ■ 88. In § 520.1242f, revise the section contains 60 or 120 micrograms (mg) food within 48 hours of treatment. Not heading and paragraphs (a) and (b) to liothyronine as the sodium salt. for use in dairy animals of breeding age. read as follows: (b) Sponsor. See No. 054771 in Consult veterinarian before using in § 510.600(c) of this chapter. severely debilitated animals. § 520.1242f Levamisol gel. (c) Conditions of use in dogs—(1) (2) Sheep—(i) Amount. Administer (a) Specifications. Each gram of gel Amount. Administer orally to dogs at orally one 0.184-gram oblet for each 50 contains 115 milligrams (11.5 percent) levels up to 12.8 mg per kilogram (/kg) pounds of body weight. levamisol hydrochloride. of body weight per day. Dosage should (ii) Indications for use. Anthelmintic (b) Sponsor. See No. 054771 in be adjusted according to the severity of effective against the following nematode § 510.600(c) of this chapter. the condition and the response of the infections: Stomach worms * * * * * patient. Dosage at the total replacement (Haemonchus, Trichostrongylus, m ■ 89. Amend § 520.1242g as follows: level (12.8 g/kg of body weight) should Ostertagia), intestinal worms ■ be considered for initiating therapy and (Trichostrongylus, Cooperia, a. Remove paragraph (a); ■ b. Redesignate paragraphs (b) through then titrated downward for optimum Nematodirus, Bunostomum, maintenance effect. Twice daily Oesophagostomum, Chabertia), and (f) as paragraphs (a) through (e); and ■ c. Revise newly redesignated administration is recommended. lungworms (Dictyocaulus). (2) Indications for use. For treatment (iii) Limitations. Conditions of paragraph (d). The revision reads as follows: of hypothyroidism in dogs. constant helminth exposure may require (3) Limitations. Federal law restricts re-treatment within 2 to 4 weeks after § 520.1242g Levamisole resinate and this drug to use by or on the order of the first treatment. Do not slaughter for famphur paste. a licensed veterinarian. food within 72 hours of treatment. * * * * * ■ 94. In § 520.1310, in paragraph (b), Consult a veterinarian before using in (d) Related tolerances. See §§ 556.273 remove ‘‘000069’’ and in its place add severely debilitated animals. and 556.350 of this chapter. ‘‘054771’’; and revise the section ■ 86. Revise § 520.1242c to read as * * * * * heading to read as follows: follows: ■ 90. Revise § 520.1263a to read as § 520.1310 Marbofloxacin. § 520.1242c Levamisol and piperazine. follows: * * * * * (a) Specifications. (1) Each ounce of § 520.1263a Lincomycin tablets and syrup. solution contains 0.36 gram of § 520.1315 [Amended] (a) Specifications. (1) Each ounce of levamisole hydrochloride and ■ 95. In paragraph (b) of § 520.1315, piperazine dihydrochloride equivalent syrup contains lincomycin hydrochloride equivalent to either 25 or remove ‘‘000069’’ and in its place add to 3.98 grams of piperazine base. ‘‘054771’’. (2) A soluble powder which when 50 milligrams (mg) lincomycin. constituted with water contains in each (2) Each tablet contains lincomycin ■ 96. Revise § 520.1320 to read as fluid ounce 0.45 gram of levamisole hydrochloride equivalent to either 25 or follows: hydrochloride and piperazine 50 mg lincomycin. dihydrochloride equivalent to 5.0 grams (b) Sponsor. See No. 054771 in § 520.1320 Mebendazole. of piperazine base. § 510.600(c) of this chapter. (a) Specifications. (1) Each gram of (b) Sponsor. See No. 054771 in (c) Conditions of use in dogs and powder contains either 40 or 166.7 § 510.600(c) of this chapter. cats—(1) Amount. Administer orally 10 milligrams of mebendazole. (c) Conditions of use in horses—(1) mg per pound of body weight every 12 (2) Each gram of paste contains 200 Amount. Aqueous solution: administer hours, or 7 mg per pound of body milligrams of mebendazole. by stomach tube or drench 1 fluid ounce weight every 8 hours, for up to 12 days. (3) Each milliliter of suspension per 100 pounds of body weight. (2) Indications for use. For infections contains 33.3 milligrams of Reconstituted soluble powder: caused by gram-positive organisms mebendazole. administer by stomach tube 1 fluid which are sensitive to its action, (b) Sponsor. See No. 000061 in ounce per 125 pounds of body weight. particularly streptococci and § 510.600(c) of this chapter. If reinfection occurs, re-treat animals at staphylococci. (c) Conditions of use—(1) Horses—(i) 6- to 8-week intervals. (3) Limitations. Federal law restricts Amount. 1 gram of mebendazole per 250 (2) Indications for use. An this drug to use by or on the order of pounds of body weight per dose, as an anthelmintic effective against infections a licensed veterinarian. oral powder, paste or suspension. of large strongyles (Strongylus vulgaris, (ii) Indications for use. For treatment S. edentatus), small strongyles § 520.1263c [Amended] of infections caused by large (Cylicocercus spp., Cylicocyclus spp., ■ 91. In § 520.1263c, in paragraph (b)(1) roundworms (Parascaris equorum); Cylicodontophorus spp., remove ‘‘000009’’ and in its place add large strongyles (Strongylus edentatus, Cylicostephanus spp., Cylicotetrapedon ‘‘054771’’; and in paragraph (b)(2) S. equinus, S. vulgaris); small

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strongyles; and mature and immature Federal law restricts this drug to use by ■ 103. Revise § 520.1408 to read as (4th larval stage) pinworms (Oxyuris or on the order of a licensed follows: equi). veterinarian. § 520.1408 Methylprednisolone. (iii) Limitations. The drug is ■ compatible with carbon disulfide. Do 100. In § 520.1331 revise paragraphs (a) Specifications. Each tablet not use in horses intended for human (b) and (c)(3) to read as follows: contains 1, 2, or 4 milligrams (mg) of methylprednisolone. consumption. Federal law restricts this § 520.1331 Meclofenamic acid tablets. (b) Sponsors. See sponsors in drug to use by or on the order of a * * * * * licensed veterinarian. § 510.600(c) of this chapter. (b) Sponsor. See No. 054771 in (1) No. 054628 for use of 1- and 2-mg (2) Dogs—(i) Amount. Administer 100 § 510.600(c) of this chapter. tablets. milligrams of mebendazole per 10 (c) * * * (2) No. 054771 for use of 1- and 4-mg pounds of body weight, once daily for (3) Limitations. Federal law restricts tablets. 3 days, as an oral powder by mixing this drug to use by or on the order of (c) Conditions of use in dogs and with a small quantity of food, preferably a licensed veterinarian. cats—(1) Amount. 5 to 15 pounds (lbs): before the regular meal. ■ 101. In § 520.1341, revise the section 2 mg; 15 to 40 lbs: 2 to 4 mg; 40 to 80 (ii) Indications for use. The drug is lbs: 4 to 8 mg. Administer total daily used for treatment of infections of heading and paragraphs (b) and (c) to read as follows: dose orally in equally divided doses 6 roundworms (Toxocara canis), to 10 hours apart until response is noted hookworms (Ancylostoma caninum, § 520.1341 Megestrol. or 7 days have elapsed. Uncinaria stenocephala), whipworms (2) Indications for use. As an anti- (Trichuris vulpis), and tapeworms * * * * * (b) Sponsor. See No. 000061 in inflammatory agent. (Taenia pisiformis). § 510.600(c) of this chapter. (3) Limitations. Federal law restricts (iii) Limitations. Federal law restricts (c) Conditions of use in dogs—(1) this drug to use by or on the order of this drug to use by or on the order of Amount. Administer orally, intact, or a licensed veterinarian. a licensed veterinarian. crushed and mixed with food as ■ 104. Amend § 520.1409 as follows: ■ 97. In § 520.1326a revise the follows: ■ a. Revise the section heading and paragraph (c) heading and paragraph (i) For the postponement of estrus by paragraph (b); (c)(3) to read as follows: proestrus treatment: 1 milligram per ■ b. Remove paragraphs (c) and (d); pound of body weight per day for 8 ■ c. Redesignate paragraph (e) as § 520.1326a Mebendazole and trichlorfon days. paragraph (c); and powder. (ii) For the postponement of estrus by ■ d. Revise newly redesignated * * * * * anestrus treatment: 0.25 milligram per paragraph (c). (c) Conditions of use in horses— pound of body weight per day for 32 The revisions read as follows: * * * * * days. (iii) For alleviation of false pregnancy: § 520.1409 Methylprednisolone and (3) Limitations. Do not use in horses aspirin. intended for human consumption. 1 milligram per pound of body weight per day for 8 days. * * * * * Federal law restricts this drug to use by (b) Sponsor. See No. 054771 in or on the order of a licensed (2) Indications for use. For the postponement of estrus and the § 510.600(c) of this chapter. veterinarian. (c) Conditions of use in dogs—(1) alleviation of false pregnancy in female 1 ■ 98. In § 520.1326b revise the dogs. Amount. Under 15 pounds, ⁄4 to 1 paragraph (c) heading to read as follows: (3) Limitations. Federal law restricts tablet daily; 15 to 60 pounds, 1 to 2 this drug to use by or on the order of tablets daily; 60 pounds and over, 2 § 520.1326b Mebendazole and trichlorfon a licensed veterinarian. tablets daily. Administer total daily paste. dose in divided doses 6 to 10 hours * * * * * ■ 102. Revise § 520.1380 to read as apart, with a light feeding. When (c) Conditions of use in horses— follows: response is attained, dosage should be gradually reduced until maintenance * * * * * § 520.1380 Methocarbamol. level is achieved. ■ 99. Revise § 520.1330 to read as (a) Specifications. Each tablet (2) Indications for use. As an anti- follows: contains 500 milligrams (mg) of inflammatory and analgesic agent. methocarbamol. (3) Limitations. Federal law restricts § 520.1330 Meclofenamic acid granules. (b) Sponsor. See No. 054771 in this drug to use by or on the order of (a) Specifications. Each gram of § 510.600(c) of this chapter. a licensed veterinarian. granules contains 5 milligrams (5 (c) Conditions of use in dogs and percent) meclofenamic acid. cats—(1) Amount. Administer 60 mg § 520.1422 [Amended] (b) Sponsor. See No. 054771 in per pound of body weight in two or ■ 105. In § 520.1422, in paragraph (b), § 510.600(c) of this chapter. three equally divided doses, followed remove ‘‘053501’’ and in its place add (c) Conditions of use in horses—(1) each following day by 30 to 60 mg per ‘‘054771’’. Amount. Administer 1 milligram per pound of body weight, usually not to ■ 106. In § 520.1430 revise the section pound of body weight (1 gram per 1000 exceed 14 to 21 days. heading and paragraphs (b) and (c) to pounds) once daily for 5 to 7 days by (2) Indications for use. As an adjunct read as follows: addition to the daily grain ration. to therapy for acute inflammatory and (2) Indications for use. For the traumatic conditions of the skeletal § 520.1430 Megestrol acetate tablets. treatment of acute or chronic muscles in order to reduce muscular * * * * * inflammatory diseases involving the spasms. (b) Sponsor. See No. 054771 in musculoskeletal system. (3) Limitations. Federal law restricts § 510.600(c) of this chapter. (3) Limitations. Do not use in horses this drug to use by or on the order of (c) Conditions of use in dogs—(1) intended for human consumption. a licensed veterinarian. Amount. 30 micrograms for animals

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weighing 1 to 25 pounds; 60 micrograms § 520.1468 Naproxen. labeled: ‘‘Federal law restricts this drug for animals weighing 26 to 50 pounds; (a) Specifications. Each gram of to use by or on the order of a licensed 120 micrograms for animals weighing 51 granules contains 500 milligrams (mg) veterinarian.’’ to 100 pounds; 180 micrograms for (50 percent) naproxen. (d) Conditions of use in horses—(1) animals weighing over 100 pounds, (b) Sponsor. See No. 054771 in Amount. For uses other than for German Shepherds, or German § 510.600(c) of this chapter. threadworms (Strongyloides westeri), 10 Shepherd mix. Administer daily, orally (c) Conditions of use in horses—(1) mg oxibendazole per kilogram (/kg) or in a small amount of food, at least 30 Amount. 10 mg per kilogram of body body weight; for threadworms days before expected initiation of heat, weight twice daily top dressed on feed (Strongyloides westeri), 15 mg/kg. and continue daily as long as desired, for up to 14 consecutive days. Horses maintained on premises where but not for more than 24 months. (2) Indications for use. For the relief reinfection is likely to occur should be (2) Indications for use. For the of inflammation and associated pain re-treated in 6 to 8 weeks. Administer prevention of estrus (heat) in adult and lameness exhibited with arthritis, as suspension product by stomach tube in female dogs not intended primarily for well as myositis and other soft tissue 3 to 4 pints of warm water, or by top breeding purposes. diseases of the musculoskeletal system. dressing or mixing into a portion of the normal grain ration. (3) Limitations. Federal law restricts (3) Limitations. Do not use in horses intended for human consumption. (2) Indications for use. For removal this drug to use by or on the order of and control of large strongyles a licensed veterinarian. Federal law restricts this drug to use by or on the order of a licensed (Strongylus edentatus, S. equinus, S. § 520.1450a [Amended] veterinarian. vulgaris); small strongyles (genera Cylicostephanus, Cylicocyclus, ■ 107. In § 520.1450a, in paragraph (b), § 520.1484 [Amended] Cyathostomum, Triodontophorus, remove ‘‘000069’’ and in its place add ■ 114. In § 520.1484, in paragraph (b)(1) Cylicodontophorus, and ‘‘054771’’. remove ‘‘000069’’ and in its place add Gyalocephalus); large roundworms (Parascaris equorum); pinworms § 520.1450b [Amended] ‘‘054771’’; in paragraph (b)(2) remove ‘‘000009, 046573,’’ and in its place add (Oxyuris equi) including various larval ■ 108. In § 520.1450b, in paragraph (b), ‘‘054771,’’; and in paragraph (b)(3) stages; and threadworms (Strongyloides remove ‘‘000069’’ and in its place add remove ‘‘000009, 000859,’’ and in its westeri). ‘‘054771’’. place add ‘‘000859, 054771,’’. (3) Limitations. Do not use in horses intended for human consumption. § 520.1450c [Amended] § 520.1628 [Amended] § 520.1640 [Removed] ■ 109. In § 520.1450c, in paragraph (b), ■ 115. In paragraph (b) of § 520.1628, ■ 120. Remove § 520.1640. remove ‘‘000069’’ and in its place add remove ‘‘000856’’ and in its place add ‘‘054771’’. ‘‘054771’’. § 520.1660a [Amended] § 520.1451 [Amended] § 520.1629 [Amended] ■ 121. In paragraph (b) of § 520.1660a, remove ‘‘000069’’ and in its place add ■ 116. In § 520.1629, in paragraphs ■ 110. In § 520.1451, in paragraph (b), ‘‘054771’’. remove ‘‘000856’’ and in its place add (a)(2) and (b)(2), remove ‘‘000856’’ and ‘‘054771’’; remove paragraph (c); in its place add ‘‘054771’’. § 520.1660b [Amended] redesignate paragraph (d) as paragraph ■ 117. Revise paragraph (b) of ■ 122. In § 520.1660b, in paragraph (b), (c); and in newly redesignated § 520.1630 to read as follows: remove ‘‘000069’’ and in its place add paragraph (c)(3), remove the first § 520.1630 Oxfendazole suspension. ‘‘054771’’; and in paragraph (c), sentence. wherever it occurs, remove footnote 1. * * * * * ■ 111. In § 520.1452, in paragraph (b), (b) Sponsor. See Nos. 000010 and § 520.1660c [Amended] remove ‘‘000856’’ and in its place add 054771 in § 510.600(c) of this chapter. ■ 123. In § 520.1660c, in paragraphs (b) ‘‘054771’’; and revise paragraph (d)(3) to * * * * * and (d)(3), remove ‘‘000069’’ and in its read as follows: § 520.1631 [Amended] place add ‘‘No. 054771’’. § 520.1452 Moxidectin gel. ■ 118. In § 520.1631, in paragraph (b), § 520.1660d [Amended] * * * * * remove ‘‘000856’’ and in its place add ■ 124. In § 520.1660d, in paragraphs (d) * * * ‘‘054771’’. (b)(1), (d)(1)(ii)(A)(3), (d)(1)(ii)(B)(3), (3) Limitations. Do not use in horses ■ 119. Revise § 520.1638 to read as (d)(1)(ii)(C)(3), and (d)(1)(iii)(C), remove intended for human consumption. follows: ‘‘000069’’ and in its place add ■ ‘‘054771’’; in paragraph (b)(2), remove 112. In § 520.1453, in paragraph (b), § 520.1638 Oxibendazole. remove ‘‘000856’’ and in its place add ‘‘046573’’ and in its place add ‘‘054771’’; and revise paragraph (d)(3) to (a) Specifications—(1) Each gram of ‘‘054771’’; in paragraphs (d)(1)(ii)(A)(3), read as follows: paste contains 227 milligrams (mg) (22.7 (d)(1)(ii)(B)(3), (d)(1)(ii)(C)(3), and percent) oxibendazole. (d)(1)(iii)(C), remove ‘‘046573, 053389’’ § 520.1453 Moxidectin and praziquantel (2) Each milliliter of suspension and in its place add ‘‘048164, 054771’’; gel. contains 100 mg (10 percent) and in paragraph (d)(1)(ii)(C)(3), in the * * * * * oxibendazole. seventh sentence, remove ‘‘salughter’’ (d) * * * (b) Sponsor. See No. 054771 in and in its place add ‘‘slaughter’’. § 510.600(c) of this chapter. (3) Limitations. Do not use in horses (c) Special considerations—(1) See § 520.1696b [Amended] intended for human consumption. § 500.25 of this chapter. ■ 125. In § 520.1696b, in paragraph (b), ■ 113. Revise § 520.1468 to read as (2) Suspension product described in remove ‘‘046573, 053501’’ and in its follows: paragraph (a)(2) of this section shall be place add ‘‘054771’’.

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■ 126. Amend § 520.1696c as follows: § 520.1720c Phenylbutazone paste. ‘‘No. 054771’’; and revise the paragraph ■ a. Remove paragraph (c); * * * * * (c) heading and paragraphs (c)(1) and (3) ■ b. Redesignate paragraph (d) as (c) * * * to read as follows: paragraph (c); and (3) Limitations. Do not use in horses ■ c. Revise newly redesignated intended for human consumption. § 520.1802c Piperazine-carbon disulfide complex with phenothiazine suspension. paragraph (c) heading and (c)(3). Federal law prohibits the use of this The revisions read as follows: drug in female dairy cattle 20 months of * * * * * § 520.1696c Penicillin V powder. age or older. Federal law restricts this (c) Conditions of use in horses and drug to use by or on the order of a ponies—(1) Amount. Administer 1 fluid * * * * * (c) Conditions of use in dogs and licensed veterinarian. ounce per 100 pounds of body weight cats— ■ 131. Amend § 520.1720d as follows: by stomach tube or dose syringe after ■ a. Remove paragraph (c); withholding feed overnight or for 8 to * * * * * ■ b. Redesignate paragraph (d) as 10 hours. (3) Limitations. Federal law restricts paragraph (c); and * * * * * this drug to use by or on the order of ■ c. Revise newly redesignated (3) Limitations. Do not use in horses a licensed veterinarian. paragraph (c)(3). ■ 127. Amend § 520.1696d as follows: The revisions read as follows: intended for human consumption. ■ a. Revise paragraph (b); Federal law restricts this drug to use by ■ b. Remove paragraph (c); § 520.1720d Phenylbutazone gel. or on the order of a licensed ■ c. Redesignate paragraph (d) as * * * * * veterinarian. paragraph (c); (c) * * * ■ ■ d. Revise newly redesignated 135. In § 520.1803, revise paragraphs (3) Limitations. Do not use in horses (a) and (c) to read as follows: paragraph (c) heading and (c)(3). intended for human consumption. The revisions read as follows: Federal law prohibits the use of this § 520.1803 Piperazine citrate capsules. drug in female dairy cattle 20 months of § 520.1696d Penicillin V tablets. (a) Specifications. Each capsule age or older. Federal law restricts this * * * * * contains piperazine citrate equivalent to drug to use by or on the order of a (b) Sponsors. See Nos. 050604 and 140 milligrams of piperazine base. licensed veterinarian. 054771 in § 510.600(c) of this chapter. * * * * * (c) Conditions of use in dogs and ■ 132. Amend § 520.1802a as follows: cats— ■ a. In paragraph (b), remove ‘‘000009’’ (c) Conditions of use in dogs and and in its place add ‘‘No. 054771’’; cats—(1) Amount. The contents of 1 * * * * * ■ (3) Limitations. Federal law restricts b. Remove footnote 1 wherever it capsule should be mixed with the food this drug to use by or on the order of appears in paragraph (c); and of the animal for each 5 pounds, or ■ c. Revise the paragraph (c) heading a licensed veterinarian. fraction thereof of body weight, except and paragraphs (c)(1) and (3) dogs weighing over 25 pounds should § 520.1720a [Amended] The revisions read as follows: be given the contents of 6 capsules. The drug should be mixed in 1/2 of the ■ 128. In § 520.1720a, in paragraph § 520.1802a Piperazine-carbon disulfide (b)(3), remove ‘‘000856’’ and in its place complex suspension. regular feeding and when the animal add ‘‘054771’’. has finished eating the dosed food, the * * * * * remainder of the food may be given. ■ 129. Revise § 520.1720b to read as (c) Conditions of use in horses and Dogs and cats may be wormed at 6 to follows: ponies—(1) Amount. Administer 1 fluid 8 weeks of age. The first treatment ounce per 100 pounds of body weight § 520.1720b Phenylbutazone granules. should be repeated 10 days later. by stomach tube or dose syringe after (a) Specifications. Each package of Reinfection may occur. Repeat treatment withholding feed overnight or for 8 to granules contains 1 or 8 grams of if indicated. 10 hours. phenylbutazone. (2) Indications for use. For the (b) Sponsors. See sponsors in * * * * * (3) Limitations. Do not use in horses removal of large roundworms (Toxocara § 510.600(c) of this chapter. canis and Toxascaris leonina). (1) No. 000061 for 8-gram package. intended for human consumption. (2) No. 059320 for 1-gram package. Federal law restricts this drug to use by (3) Limitations. Severely debilitated (c) Conditions of use in horses—(1) or on the order of a licensed animals should not be treated except on Amount. Administer 1 to 2 grams per veterinarian. the advice of a veterinarian. 500 pounds of body weight, not to ■ 133. Amend § 520.1802b as follows: § 520.1804 [Amended] exceed 4 grams, daily as required. by ■ a. In paragraph (b), remove ‘‘000009’’ adding to a portion of the usual grain and in its place add ‘‘No. 054771’’; ■ 136. In § 520.1804, in paragraph (b), ration. ■ b. Revise the paragraph (c) heading; remove ‘‘051311’’ and in its place add (2) Indications for use. For the and ‘‘054771’’; and in paragraph (c) remove treatment of inflammatory conditions ■ c. Remove footnote 1 wherever it footnote 1 wherever it appears. associated with the musculoskeletal appears in paragraph (c). system. The revision reads as follows: ■ 137. In § 520.1805, revise paragraph (3) Limitations. Do not use in horses (c)(3) to read as follows: intended for human consumption. § 520.1802b Piperazine-carbon disulfide complex boluses. § 520.1805 Piperazine phosphate and Federal law prohibits the use of this thenium closylate tablets. drug in female dairy cattle 20 months of * * * * * * * * * * age or older. Federal law restricts this (c) Conditions of use in horses and drug to use by or on the order of a ponies— (c) * * * licensed veterinarian. * * * * * (3) Limitations. Federal law restricts ■ 130. In § 520.1720c, revise paragraph ■ 134. In § 520.1802c, in paragraph (b), this drug to use by or on the order of (c)(3) to read as follows: remove ‘‘000009’’ and in its place add a licensed veterinarian.

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§ 520.1807 [Amended] (1) No. 054628 for use of 250 § 520.1962 Promazine. ■ 138. In § 520.1807, in paragraph (b), milligram tablets. (a) Specifications. Conforms to N.F. remove ‘‘015565’’ and in its place add (2) No. 054771 for use of 50 and 250 XII for promazine hydrochloride. ‘‘No. 015565’’. milligram tablets. (b) Sponsor. See No. 054771 in (c) * * * § 510.600(c) of this chapter. § 520.1840 [Amended] (3) Limitations. Federal law restricts (c) Conditions of use in horses—(1) ■ 139. In § 520.1840, in paragraph (b)(1), this drug to use by or on the order of Amount. Administer 0.45 to 0.9 remove ‘‘000069’’ and in its place add a licensed veterinarian. milligrams per pound of body weight mixed with an amount of feed that will ‘‘054771’’. ■ 144. Revise § 520.1920 to read as follows: be readily consumed. ■ 140. In § 520.1855, revise paragraph (2) Indications for use. For quieting (c)(3) to read as follows: § 520.1920 Prochlorperazine and excitable, unruly, or intractable horses. § 520.1855 Ponazuril. isopropamide. (3) Limitations. Do not use in horses (a) Specifications. Each capsules intended for human consumption. * * * * * Federal law restricts this drug to use by (c) * * * contains either: (1) 3.33 milligrams of or on the order of a licensed (3) Limitations. Do not use in horses veterinarian. intended for human consumption. prochlorperazine (as the dimaleate) and ■ 147. Revise § 520.2002 to read as Federal law restricts this drug to use by 1.67 milligrams of isopropamide (as the follows: or on the order of a licensed iodide); or veterinarian. (2) 10 milligrams of prochlorperazine § 520.2002 Propiopromazine. (as the dimaleate) and 5 milligrams of ■ 141. Amend § 520.1860 as follows: (a) Specifications. Each chewable isopropamide (as the iodide). ■ a. Remove paragraph (c); tablet contains 10 or 20 milligrams of (b) Sponsor. See No. 054771 in ■ b. Redesignate paragraph (d) as propiopromazine hydrochloride. paragraph (c); and § 510.600(c) of this chapter. (b) Sponsor. See No. 054771 in ■ c. Add paragraph (c)(3). (c) Conditions of use in dogs—(1) § 510.600(c) of this chapter. The addition reads as follows: Amount. (i) Capsules described in (c) Conditions of use in dogs—(1) paragraph (a)(1) of this section are Amount. Administer 0.5 to 2.0 § 520.1860 Pradofloxacin. administered orally to dogs weighing milligrams per pound of body weight * * * * * from 4 to 15 pounds at the rate of 1 once or twice daily, depending upon the (c) * * * capsule twice daily. These capsules are degree of tranquilization desired. (3) Limitations. Federal law prohibits administered orally to dogs weighing (2) Indications for use. For oral the extralabel use of this drug in food- from 16 to 30 pounds at the rate of 1 or administration as a tranquilizer. As an producing animals. Federal law restricts 2 capsules twice daily. For dogs aid in handling difficult, excited, and this drug to use by or on the order of weighing less than 4 pounds, administer unruly dogs, and in controlling a licensed veterinarian. orally an appropriate fraction of the excessive kennel barking, car sickness, ■ 142. Amend § 520.1880 as follows: contents of one of these capsules. and severe dermatitis. It is also ■ a. Revise the section heading; (ii) Capsules described in paragraph indicated for use in minor surgery and ■ b. Remove paragraph (c); (a)(2) of this section are given to dogs prior to routine examinations, ■ c Redesignate paragraph (d) as weighing 30 pounds and over at the rate laboratory procedures, and diagnostic paragraph (c); and of 1 capsule twice daily. procedures. ■ d. Revise the newly redesignated (2) Indications for use. For the (3) Limitations. Federal law restricts paragraph (c) heading and paragraphs treatment of gastrointestinal this drug to use by or on the order of (c)(1) and (2). disturbances associated with emotional a licensed veterinarian. The revisions read as follows: stress. (3) Limitations. Federal law restricts § 520.2043 [Amended] § 520.1880 Prednisolone. this drug to use by or on the order of ■ 148. In § 520.2043, in paragraph (b)(1), * * * * * a licensed veterinarian. remove ‘‘000069, 000859’’ and in its (c) Conditions of use in dogs—(1) ■ 145. In § 520.1921, revise the section place add ‘‘000859, 054771’’; and in Amount. Administer 2.5 milligrams per heading, paragraph (b), the paragraph (c) paragraph (b)(2), remove ‘‘000069’’ and 4.5 kilograms (10 pounds) body weight heading, and paragraphs (c)(2) and (3) to in its place add ‘‘054771’’. per day. Administer total daily dose read as follows: orally in equally divided doses 6 to 10 § 520.2044 [Amended] hours apart until response is noted or 7 § 520.1921 Prochlorperazine, ■ 149. In § 520.2044, in paragraph isopropamide, and neomycin. days have elapsed. When response is (b)(1),remove ‘‘000069’’ and in its place attained, dosage should be gradually * * * * * add ‘‘054771’’. (b) Sponsor. See No. 054771 in reduced until maintenance level is ■ achieved. § 510.600(c) of this chapter. 150. Revise § 520.2045 to read as (2) Indications for use. For use as an (c) Conditions of use in dogs— follows: anti-inflammatory agent. * * * * * § 520.2045 Pyrantel tartrate powder. * * * * * (2) Indications for use. For the (a) Specifications. Each gram of ■ 143. In § 520.1900, revise the section treatment infectious bacterial powder contains 106 milligrams (10.6 heading and paragraphs (b) and (c)(3) to gastroenteritis associated with percent) or 113 milligrams (11.3 read as follows: emotional stress. percent) pyrantel tartrate. (3) Limitations. Federal law restricts (b) Sponsor. See No. 054771 in § 520.1900 Primidone. this drug to use by or on the order of § 510.600(c) of this chapter for use of * * * * * a licensed veterinarian. 11.3 percent powder as in paragraph (b) Sponsors. See sponsor numbers in ■ 146. Revise § 520.1962 to read as (d)(1) and 10.6 percent powder as in § 510.600(c) of this chapter. follows: paragraph (d)(2) and of this section.

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(c) Related tolerances. See § 556.560 not use in horses intended for human ■ 154. In § 520.2123a, revise paragraphs of this chapter. consumption. (a) and (b) to read as follows: (d) Conditions of use—(1) Horses—(i) ■ Amount. Administer as a single dose at 152. Revise § 520.2098 to read as § 520.2123a Spectinomycin tablets. 0.57 gram of pyrantel tartrate per 100 follows: (a) Specifications. Each tablet pounds of body weight mixed with the § 520.2098 Selegiline. contains spectinomycin dihydrochloride equivalent to 100 usual grain ration. Do not administer by (a) Specifications. Each tablet stomach tube or dose syringe. contains 2, 5, 10, 15, or 30 milligrams milligrams (mg) spectinomycin. (b) Sponsors. See Nos. 054771 and (ii) Indications for use. For the (mg) selegiline hydrochloride. removal and control of infections from (b) Sponsor. See No. 054771 in 061623 in § 510.600(c) of this chapter. the following mature parasites: Large § 510.600(c) of this chapter. * * * * * strongyles (Strongylus vulgaris, S. (c) Conditions of use in dogs—(1) edentatus, S. equinus), small strongyles Amounts and indications for use. (i) § 520.2123c [Amended] (Trichonema spp., Triodontophorus), Administer 1 mg per kilogram (0.45 mg ■ 155. In § 520.2123c, in paragraph (b), pinworms (Oxyuris), and large per pound) of body weight once daily remove ‘‘0000856, 000859, and 061623’’ roundworms (Parascaris). for control of clinical signs associated and in its place add ‘‘000859, 054771, (iii) Limitations. Do not treat severely with uncomplicated pituitary- and 061623’’. debilitated animals with this drug. Do dependent hyperadrenocorticism in not use in horses intended for human dogs. ■ 156. Revise § 520.2150 to read as consumption. (ii) Administer 0.5 to 1.0 mg per follows: (2) Swine—(i) Amount. Add to feed at kilogram of body weight once daily for 0.4 gram pyrantel tartrate per pound of the control of clinical signs associated § 520.2150 Stanozolol. non-pelleted ration. The ration is with canine cognitive dysfunction (a) Specifications. Each tablet or administered as a single treatment as the syndrome. chewable tablet contains 2 milligrams sole ration at the rate of 1 pound per 40 (2) Limitations. Federal law restricts stanozolol. pounds of animal weight for animals up this drug to use by or on the order of (b) Sponsor. No. 054771 in to 200 pounds. Animals 200 pounds and a licensed veterinarian. § 510.600(c) of this chapter. (c) Conditions of use in dogs and over are administered 5 pounds of ■ ration per animal. 153. Revise § 520.2100 to read as cats—(1) Amount—(i) Dogs: follows: 1 (ii) Indications for use. For the Administered orally to small breeds, ⁄2 removal and control of large § 520.2100 Selenium and vitamin E. to 1 tablet twice daily for several weeks; roundworms (Ascaris suum) and (a) Specifications. Each capsule to large breeds, 1 to 2 tablets twice daily nodular worm (Oesophagostomum) contains: for several weeks. The tablets may be infections. (1) 2.19 milligrams (mg) sodium crushed and administered in feed. 1 (iii) Limitations. Consult veterinarian selenite (equivalent to 1 mg selenium) (ii) Cats: Administered orally ⁄2 to 1 before using in severely debilitated and 56.2 mg (68 I.U.) vitamin E as d- tablet twice daily for several weeks. animals. Do not treat within 24 hours of alpha tocopheryl acid succinate; or (2) Indications for use. As an anabolic slaughter. (2) 0.548 mg sodium selenite steroid treatment. (3) Limitations. Federal law restricts ■ (equivalent to 0.25 mg selenium) and 14 151. Add § 520.2046 to read as this drug to use by or on the order of follows: mg (17 I.U.) vitamin E as d-alpha tocopheryl acid succinate. a licensed veterinarian. § 520.2046 Pyrantel tartrate pellets. (b) Sponsor. See No. 000061 in (a) Specifications. (1) Each gram of § 510.600(c) of this chapter. § 520.2150a [Removed] pellets contains 12.5 milligrams (mg) (c) Conditions of use in dogs—(1) ■ 157. Remove § 520.2150a. (1.25 percent) pyrantel tartrate; or Amount. (i) Dogs over 20 pounds: (2) Each gram of pellets contains 21.1 Administer 1 capsule described in § 520.2150b [Removed] mg (2.11 percent) pyrantel tartrate. paragraph (a)(1) per 20 pounds of body ■ 158. Remove § 520.2150b. (b) Sponsors. See sponsor numbers in weight to a maximum of 5 capsules. § 510.600(c) of this chapter: Repeat at 3 day intervals until a § 520.2158 [Removed] (1) No. 054771 for use of products satisfactory therapeutic response is ■ 159. Remove § 520.2158. described in paragraph (a) as in observed. Maintenance dosage is 1 paragraph (c) of this section. capsule per 40 pounds of body weight § 520.2158a as [Redesignated (2) No. 061623 for use of product every 3 to 7 days, or longer, as required. as§ 520.2158] described in paragraph (a)(1) as in (ii) Dogs under 20 pounds: ■ 160–161. Redesignate § 520.2158a as paragraph (c) of this section. Administer 1 capsule described in § 520.2158 and revise the section (c) Conditions of use in horses—(1) paragraph (a)(2) per 5 pounds of body heading and paragraph (a) to read as Amount. Administer as a single dose at weight with a minimum of 1 capsule. follows: 12.5 mg per 2.2 pounds of body weight Repeat at 3-day intervals until a mixed with the usual grain ration. satisfactory response is observed. § 520.2158 Streptomycin. (2) Indications for use. For the Maintenance dosage is 1 capsule per 10 (a) Specifications. Each milliliter of removal and control of infections from pounds of body weight every 3 to 7 solution contains 250 milligrams (25 the following mature parasites: Large days, or longer, as required. percent) streptomycin sulfate. strongyles (Strongylus vulgaris, S. (2) Indications for use. As an aid in * * * * * edentatus, S. equinus), small strongyles alleviating and controlling (Trichonema spp., Triodontophorus), inflammation, pain, and lameness § 520.2158b [Removed] pinworms (Oxyuris), and large associated with certain arthropathies. ■ 162. Remove § 520.2158b. roundworms (Parascaris). (3) Limitations. Federal law restricts (3) Limitations. Do not treat severely this drug to use by or on the order of § 520.2158c [Removed] debilitated animals with this drug. Do a licensed veterinarian. ■ 163. Remove § 520.2158c.

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§ 520.2160 [Removed] § 520.2220a Sulfadimethoxine solution and has not been established for this product ■ 164. Remove § 520.2160. soluble powder. in preruminating calves. Do not use in ■ 165. Amend § 520.2170 as follows: (a) Specifications. (1) Each ounce of calves to be processed for veal. Federal ■ a. Revise the section heading; solution contains 3.75 grams (12.5 law prohibits the extralabel use of this ■ b. Remove paragraph (d); percent) sulfadimethoxine. product in lactating dairy cattle. ■ c. Redesignate paragraphs (b), (c), and (2) Each 107 grams of powder ■ 170. Revise § 520.2220b to read as (e) as paragraphs (c), (b), and (d), contains the equivalent of 94.6 grams follows: respectively; and sulfadimethoxine as sulfadimethoxine ■ d. Revise newly redesignated sodium. § 520.2220b Sulfadimethoxine suspension. paragraph (d) heading and paragraphs (b) Sponsors. See sponsor numbers in (a) Specifications. Each milliliter of (d)(1) and (3). § 510.600(c) of this chapter: suspension contains 50 milligrams (mg) The revisions read as follows: (1) Nos. 000859, 054628, 054771, sulfadimethoxine. 054925, and 057561 for use of the (b) Sponsors. See Nos. 000061 and § 520.2170 Sulfabromomethazine. product described in paragraph (a)(1) of 054771 in § 510.600(c) of this chapter. * * * * * this section. (c) Conditions of use in dogs and (d) Conditions of use in cattle—(1) (2) Nos. 054771, 054925, 057561, cats—(1) Amount. Administer orally 25 Amount. Administer 90 milligrams per 058829, 061623, and 066104 for use of mg per pound of body weight, followed pound body weight orally. Repeat in 48 the product described in paragraph by 12.5 mg per pound of body weight hours if necessary (a)(2) of this section. daily. * * * * * (c) Related tolerances. See § 556.640 (2) Indications for use. For the (3) Limitations. Milk taken from of this chapter. treatment of sulfonamide susceptible animals within 96 hours (8 milkings) of (d) Conditions of use—(1) Broiler and bacterial infections in dogs and cats and latest treatment must not be used for replacement chickens—(i) Amount. enteritis associated with coccidiosis in food. Do not administer within 18 days Administer 1.875 grams per gallon (0.05 dogs. of slaughter. percent) of drinking water for 6 (3) Limitations. Federal law restricts ■ 166. Revise § 520.2184 to read as consecutive days. this drug to use by or on the order of (ii) Indications for use. For treatment follows: a licensed veterinarian. of outbreaks of coccidiosis, fowl ■ 171. Revise § 520.2220c to read as § 520.2184 Sulfachloropyrazine. cholera, and infectious coryza. follows: (a) Specifications. Each gram of (iii) Limitations. Do not administer to powder contains 476 milligrams of chickens over 16 weeks of age. As sole § 520.2220c Sulfadimethoxine tablet. sodium sulfachloropyrazine source of drinking water and (a) Specifications. Each tablet monohydrate. sulfonamide medication. Withdraw 5 contains 125, 250, or 500 milligrams (b) Sponsor. See No. 054771 in days before slaughter. (mg) sulfadimethoxine. § 510.600(c) of this chapter. (2) Turkeys—(i) Amount. Administer (b) Sponsors. See Nos. 000061 and (c) Related tolerance. See § 556.625 of 0.938 grams per gallon (0.025 percent) 054771 in § 510.600(c) of this chapter. this chapter. of drinking water for 6 consecutive (c) [Reserved] (d) Conditions of use in chickens. It is days. (d) Conditions of use in dogs and used in the drinking water of broilers, (ii) Indications for use. Growing cats—(1) Amount. Administer 25 breeder flocks, and replacement turkeys: For treatment of disease milligrams (mg) per pound of body chickens as follows: outbreaks of coccidiosis and fowl weight on the first day followed by 12.5 (1) Amount. Administer in drinking cholera. milligrams (mg) per pound of body water as 0.03 percent solution for 3 (iii) Limitations. Do not administer to weight per day until the animal is free days. turkeys over 24 weeks of age. Use as the of symptoms for 48 hours. (2) Indications for use. For the sole source of drinking water and (2) Indications for use. Treatment of treatment of coccidiosis. sulfonamide medication. Withdraw 5 sulfadimethoxine-susceptible bacterial (3) Limitations. Administer as sole days before slaughter. infections. source of drinking water and of (3) Cattle—(i) Amount. 1.18 to 2.36 (3) Limitations. Federal law restricts sulfonamide medication. Withdraw 4 grams per gallon (0.031 to 0.062 this drug to use by or on the order of days prior to slaughter. Do not use in percent) of drinking water. As a drench, a licensed veterinarian. chickens producing eggs for human administer 2.5 grams per 100 pounds of ■ 172. Revise § 520.2220d to read as consumption. body weight for first day, then 1.25 follows: ■ 167. In § 520.2200, revise paragraph grams per 100 pounds of body weight (d)(3)(iii) to read as follows: per day for the next 4 consecutive days. § 520.2220d Sulfadimethoxine bolus. If no improvement within 2 to 3 days, (a) Specifications. Each bolus contains § 520.2200 Sulfachlorpyridazine. reevaluate diagnosis. Do not treat 2.5, 5, or 15 grams sulfadimethoxine. * * * * * beyond 5 days. (b) Sponsor. See No. 054771 in (d) * * * (ii) Indications for use. Dairy calves, § 510.600(c) of this chapter. (3) * * * dairy heifers, and beef cattle: For the (c) Related tolerances. See § 556.640 (iii) Limitations. Federal law restricts treatment of shipping fever complex and of this chapter. this drug to use by or on the order of bacterial pneumonia associated with (d) Conditions of use in cattle—(1) a licensed veterinarian. Pasteurella spp. sensitive to Amount. Administer 2.5 grams per 100 sulfadimethoxine; and calf diphtheria pounds body weight for 1 day followed § 520.2218 [Amended] and foot rot associated with by 1.25 grams per 100 pounds body ■ 168. In § 520.2218, in paragraph (b), Fusobacterium necrophorum weight per day; treat for 4 to 5 days. remove ‘‘046573’’ and in its place add (Sphaerophorus necrophorus) sensitive (2) Indications for use. For the ‘‘054771’’. to sulfadimethoxine. treatment of shipping fever complex and ■ 169. Revise § 520.2220a to read as (iii) Limitations. Withdraw 7 days bacterial pneumonia associated with follows: before slaughter. A withdrawal period Pasteurella spp. sensitive to

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sulfadimethoxine; and calf diphtheria weight. Do not exceed a total of 21 (c) Related tolerances. See § 556.650 and foot rot associated with consecutive days. of this chapter. Fusobacterium necrophorum sensitive (2) Indications of use. Treatment of (d) Conditions of use in cattle—(1) to sulfadimethoxine. skin and soft tissue infections (wounds 2.5- or 15-gram tablets—(i) Amount. (3) Limitations. Do not administer and abscesses) in dogs caused by strains Administer 25 milligrams per pound of within 7 days of slaughter; milk that has of Staphylococcus aureus and body weight per day for 4 days. Use as been taken from animals during Escherichia coli and urinary tract the sole source of sulfonamide. treatment and 60 hours (5 milkings) infections caused by E. coli, (ii) Indications for use. For treatment after the latest treatment must not be Staphylococcus spp., and Proteus of respiratory infections (pneumonia, used for food. A withdrawal period has mirabilus susceptible to ormetoprim- shipping fever), foot rot, calf scours; as not been established for this product in potentiated sulfadimethoxine. adjunctive therapy in septicemia preruminating calves. Do not use in (3) Limitations. Federal law restricts accompanying mastitis and metritis. calves to be processed for veal. this drug to use by or on the order of (iii) Limitations. Do not treat within ■ 173. Add § 520.2220e to read as a licensed veterinarian. 16 days of slaughter. Milk that has been follows: ■ 175. Revise § 520.2240a to read as taken from animals during treatment follows: and for 72 hours (6 milkings) after latest § 520.2220e Sulfadimethoxine extended- treatment must not be used for food. release bolus. § 520.2240a Sulfaethoxypyridazine Federal law restricts this drug to use by (a) Specifications. Each extended- solution. or on the order of a licensed release bolus contains 12.5 grams (a) Specifications. Each milliliter of veterinarian. sulfadimethoxine. solution contains 62.5 milligrams (mg) (2) 15-gram extended-release tablets— (b) Sponsor. See No. 054771 in sodium sulfaethoxypyridazine. (i) Amount. Administer 100 milligrams § 510.600(c) of this chapter. (b) Sponsor. See No. 054771 per pound of body weight. Use as the (c) Related tolerances. See § 556.640 § 510.600(c) of this chapter. sole source of sulfonamide. of this chapter. (c) Related tolerances. See § 556.650 (ii) Indications for use. For treatment (d) Conditions of use in beef cattle of this chapter. of foot rot and respiratory infections and non-lactating dairy cattle—(1) (d) Conditions of use—(1) Swine—(i) (shipping fever and pneumonia) caused Amount. Administer one 12.5-gram- Amount. Administer 3.8 grams per by sulfonamide-susceptible pathogens sustained-release bolus for the nearest gallon for first day followed by 1.9 (E. coli, Streptococci, Staphylococci, 200 pounds of body weight, i.e., 62.5 grams per gallon for not less than 3 days Sphaerophorus necrophorus and Gram- milligrams per pound of body weight. nor more than 9 days. Use as the sole negative rods including Pasteurella); Do not repeat treatment for 7 days. source of sulfonamide. and for use prophylactically during (2) Indications for use. For the (ii) Indications for use. For treatment periods of stress for reducing losses due treatment of shipping fever complex and of bacterial scours pneumonia enteritis, to sulfonamide sensitive disease bacterial pneumonia associated with bronchitis, septicemia accompanying conditions. Pasteurella spp. sensitive to Salmonella choleraesuis infection. (iii) Limitations. Do not treat within sulfadimethoxine; and calf diphtheria (iii) Limitations. Do not treat within 16 days of slaughter. Not for use in and foot rot associated with 10 days of slaughter. Federal law lactating dairy cows. Federal law Fusobacterium necrophorum sensitive restricts this drug to use by or on the restricts this drug to use by or on the to sulfadimethoxine. order of a licensed veterinarian. order of a licensed veterinarian. (3) Limitations. Do not use in female (2) Cattle—(i) Amount. For use at 2.5 dairy cattle 20 months of age or older. grams per gallon. Administer at the rate § 520.2260a [Amended] Do not administer within 12 days of of 1 gallon per 100 pounds of body ■ 177. In § 520.2260a, in paragraph slaughter. Federal law restricts this drug weight per day for 4 days. Use as the (b)(1), remove ‘‘053501’’ and in its place to use by or on the order of a licensed sole source of sulfonamide. add ‘‘054771’’. veterinarian. (ii) Indications for use. For treatment ■ 178. Amend § 520.2260b as follows: ■ 174. Add § 520.2220f to read as of respiratory infections (pneumonia, ■ a. In paragraph (b)(1), remove follows: shipping fever), foot rot, calf scours; and ‘‘053501’’ and in its place add as adjunctive therapy in septicemia ‘‘054771’’; § 520.2220f Sulfadimethoxine and accompanying mastitis and metritis. ■ b. In paragraph (c)(2), remove footnote ormetoprim tablet. (iii) Limitations. Do not treat within 1 wherever it occurs; and (a) Specifications. Each tablet 16 days of slaughter. Milk that has been ■ c. In paragraph (c)(2)(iii), remove the contains 120 milligrams (mg) (100 mg taken from animals during treatment eighth sentence and in its place add two sulfadimethoxine and 20 mg and for 72 hours (6 milkings) after latest sentences. ormetoprim), 240 mg (200 mg treatment must not be used for food. The additions read as follows: sulfadimethoxine and 40 mg Federal law restricts this drug to use by ormetoprim), 600 mg (500 mg or on the order of a licensed § 520.2260b Sulfamethazine extended- release boluses. sulfadimethoxine and 100 mg veterinarian. ormetoprim), or 1200 mg (1000 mg ■ 176. Revise § 520.2240b to read as * * * * * (c) * * * sulfadimethoxine and 200 mg follows: ormetoprim). (2) * * * (b) Sponsor. See No. 054771 in § 520.2240b Sulfaethoxypyridazine tablets. (iii) * * * Do not use in female dairy § 510.600(c) of this chapter. (a) Specifications—(1) Each tablet cattle 20 months of age or older. Use of (c) Conditions of use in dogs—(1) contains 2.5 or 15 grams sulfamethazine in this class of cattle Amount. On the first day of treatment, sulfaethoxypyridazine. may cause milk residues. * * * administer 25 mg per pound (55 mg per (2) Each extended-release tablet * * * * * kilogram) of body weight. Then follow contains 5 grams sulfaethoxypyridazine. ■ 179. Amend § 520.2260c as follows: with a daily dosage of 12.5 mg per (b) Sponsor. See No. 054771 ■ a. Redesignate paragraphs (a) and (b) pound (27.5 mg per kilogram) of body § 510.600(c) of this chapter. as paragraphs (b) and (d), respectively;

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■ b. Add new paragraphs (a) and (c); ■ 182. In § 520.2280, revise the section (b) Sponsor. See No. 054771 in and heading and paragraphs (b) and (c) to § 510.600(c) of this chapter. ■ c. Revise newly redesignated read as follows: * * * * * paragraphs (b) and (d)(3). ■ 187. In § 520.2345b, revise paragraph The additions and revisions read as § 520.2280 Sulfamethizole and methenamine. (b) to read as follows: follows: * * * * * § 520.2345b Tetracycline tablets. § 520.2260c Sulfamethazine extended- (b) Sponsor. See No. 054771 in release tablets. * * * * * § 510.600(c) of this chapter. (b) Sponsor. See No. 054771 in (c) Conditions of use in dogs and (a) Specifications. Each extended- § 510.600(c) of this chapter. release tablet contains 8 grams cats—(1) Amount. Administer orally 1 sulfamethazine. tablet per 20 pounds of body weight 3 * * * * * (b) Sponsor. See No. 054771 in times per day until clinical signs are ■ 188. In § 520.2345c, revise paragraph § 510.600(c) of this chapter. alleviated. To reduce the possibility of (b) to read as follows: (c) Related tolerances. See § 556.670 relapse, continue therapy for a week to § 520.2345c Tetracycline boluses. of this chapter. 10 days. (d) * * * (2) Indications for use. For treatment * * * * * (b) Sponsor. See No. 054771 in (3) Limitations. Treated animals must of urinary tract infections such as § 510.600(c) of this chapter. not be slaughtered for food within 18 cystitis, nephritis, prostatitis, urethritis, days after the latest treatment. Federal and pyelonephritis. As an aid in the * * * * * law restricts this drug to use by or on management of complications resulting ■ 189. Amend § 520.2345d as follows; the order of a licensed veterinarian. from surgical manipulations of the ■ a. In paragraph (b)(1), remove ■ 180. Amend § 520.2261a as follows: urinary tract such as removal of calculi ‘‘000069’’ and in its place add ■ from the bladder, in ureterostomies, and ‘‘054771’’; a. Remove paragraph (d); ■ ■ b. Redesignate paragraphs (a), (b), and in instrumentation of the urethra and b. In paragraphs (b)(3), (d)(1)(iii), and (c) as paragraphs (b), (c), and (d), bladder. (d)(2)(iii), remove ‘‘046573’’ and in its (3) Limitations. Federal law restricts place add ‘‘054771’’; and respectively; ■ ■ c. Add new paragraph (a); this drug to use by or on the order of c. Add paragraph (b)(5). The addition reads as follows: ■ d. Revise newly redesignated a licensed veterinarian. paragraphs (b) and (c); and ■ 183. In § 520.2325a, revise the section § 520.2345d Tetracycline powder. ■ e. In newly redesignated paragraph heading and in paragraph (a)(3), remove * * * * * (d)(2)(iii), remove ‘‘Salmonella ‘‘046573’’ and in its place add (b) * * * pullorum’’ and in its place add ‘‘054771’’. (5) No. 000010: 25 grams per pound ‘‘Salmonella Pullorum’’. The revision reads as follows: as in paragraphs (d)(1) and (d)(2) of this The addition and revisions read as § 520.2325a Sulfaquinoxaline powder and section. follows: solution. * * * * * § 520.2261a Sulfamethazine solution. * * * * * ■ 190. In § 520.2345e, revise the section (a) Specifications. Each milliliter of ■ 184. Revise § 520.2325b to read as heading and paragraph (b) and remove solution contains 125 milligrams (12.5 follows: paragraph (c)(1)(iv). percent) sulfamethazine sodium. The revisions read as follows: § 520.2325b Sulfaquinoxaline drench. (b) Sponsors. See Nos. 000010 and § 520.2345e Tetracycline solution. 061623 in § 510.600(c) of this chapter. (a) Specifications. A soluble powder containing 25 percent sulfaquinoxaline. * * * * * (c) Related tolerances. See § 556.670 (b) Sponsor. See No. 054771 in of this chapter. (b) Sponsor. See No. 050749 in § 510.600(c) of this chapter. § 510.600(c) of this chapter. * * * * * (c) Conditions of use in cattle—(1) * * * * * ■ 181. In § 520.2261b, revise paragraph Amount. Administer 1 teaspoon of 25 ■ 191. In § 520.2345f, in paragraph (b), (d)(1)(ii) and add four sentences to percent sulfaquinoxaline soluble remove ‘‘No. 000009’’ and in its place paragraph (d)(4)(iii) to read as follows: powder for each 125 pounds of body add ‘‘See No. 054771’’; and revise the § 520.2261b Sulfamethazine powder. weight for 3 to 5 days as a drench. paragraph (c) heading and paragraph (2) Indications for use. For the control (c)(3) to read as follows: * * * * * and treatment of outbreaks of (d) * * * coccidiosis in cattle and calves caused § 520.2345f Tetracycline phosphate (1) * * * by Eimeria bovis or E. zuernii. complex and sodium novobiocin capsules. (ii) Indications for use. For control of (3) Limitations. Do not give to cattle * * * * * infectious coryza (Avibacterium within 10 days of slaughter for food. Not (c) Conditions of use in dogs— paragallinarum), coccidiosis (Eimeria for use in lactating dairy cattle. * * * * * tenella, E. necatrix), acute fowl cholera (3) Limitations. Federal law restricts (Pasteurella multocida), and pullorum § 520.2330 [Amended] this drug to use by or on the order of disease (Salmonella Pullorum). ■ 185. In paragraph (b) of § 520.2330, a licensed veterinarian. * * * * * remove ‘‘000856’’ and in its place add ■ 192. In § 520.2345g, in paragraph (b), (4) * * * ‘‘054771’’; and in paragraph (c), remove remove ‘‘No. 000009’’ and in its place (iii) * * * Do not use in female dairy footnote 1 wherever it occurs. add ‘‘See No. 054771’’; and revise the cattle 20 months of age or older. Use of ■ 186. In § 520.2345a, revise the section paragraph (c) heading and paragraph sulfamethazine in this class of cattle heading and paragraph (b) to read as (c)(3) to read as follows: may cause milk residues. A withdrawal follows: period has not been established in § 520.2345g Tetracycline hydrochloride preruminating calves. Do not use in § 520.2345a Tetracycline capsules. and sodium novobiocin tablets. calves to be processed for veal. * * * * * * * * * *

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(c) Conditions of use in dogs— (2) No. 050604 for use as in paragraph (Gasterophilus spp.), large strongyles * * * * * (d)(1)(ii) of this section. (Strongylus spp.), small strongyles (3) Limitations. Federal law restricts (3) No. 012286 for use as in paragraph (genera Cyathostomum, this drug to use by or on the order of (d)(2) of this section. Cylicobrachytus, Craterostomum, a licensed veterinarian. * * * * * Oesophagodontus, Poteriostomum), ■ 193. In § 520.2345h, in paragraph (b), ■ 196. Amend § 520.2380b as follows: pinworms (Oxyuris spp., Strongyloides remove ‘‘000009’’ and in its place add ■ a. Revise the section heading; spp.), and ascarids (Parascaris spp.). ‘‘054771’’; and revise the paragraph (c) ■ b. Remove paragraph (a); (3) Limitations. Do not use in horses heading and paragraph (c)(3) to read as ■ c. Redesignate paragraphs (b) through intended for human consumption. follows: (e) as paragraphs (a) through (d), Federal law restricts this drug to use by respectively; and or on the order of a licensed § 520.2345h Tetracycline hydrochloride, ■ d. Revise newly redesignated veterinarian. sodium novobiocin, and prednisolone paragraph (b). ■ 200. In § 520.2380f, revise the section tablets. The revisions read as follows: heading, the paragraph (c) heading, and * * * * * paragraphs (c)(1) and (3) to read as (c) Conditions of use in dogs— § 520.2380b Thiabendazole drench or paste. follows: * * * * * * * * * * (3) Limitations. Federal law restricts § 520.2380f Thiabendazole and piperazine (b) Sponsor. See No. 050604 in phosphate. this drug to use by or on the order of § 510.600(c) of this chapter. a licensed veterinarian. * * * * * * * * * * ■ 194. Amend § 520.2362 as follows: (c) Conditions of use in horses—(1) ■ a. Revise the section heading; § 520.2380c [Amended] Amount. 2 grams of thiabendazole and ■ b. Remove paragraph (a); ■ 197. In § 520.2380c, remove paragraph 2.5 grams of piperazine (0.3 ounce of ■ c. Redesignate paragraphs (b), (c), and (a); and redesignate paragraphs (b) powder) per 100 pounds of body weight. (d) as paragraphs (a), (b), and (c), through (e) as paragraphs (a) through Use a single oral dose. Administer as a respectively; and (d), respectively. drench or by stomach tube suspended in ■ d. Revise newly redesignated 1 pint of warm water; by dose syringe ■ 198. In § 520.2380d, revise the section paragraphs (a) and (c). suspended in 1⁄2 ounce of water for each The revisions read as follows: heading and paragraph (c) to read as 100 pounds of body weight; or sprinkled follows: over a small amount of daily feed. § 520.2362 Thenium closylate. § 520.2380d Thiabendazole and piperazine * * * * * (a) Specifications. Each tablet citrate. (3) Limitations. Do not use in horses contains thenium closylate equivalent to * * * * * intended for human consumption. If the 500 milligrams thenium base. (c) Conditions of use in horses—(1) label bears directions for administration * * * * * Amount. Administer 1 ounce of by stomach tube or drench, it shall also (c) Conditions of use in dogs—(1) suspension per 100 pounds of body bear the statement ‘‘Caution: Federal Amount. Dogs weighing over 10 weight by stomach tube or as a drench. law restricts this drug to use by or on pounds: Administer 1 tablet as a single (2) Indications for use. For the control the order of a licensed veterinarian.’’; if dose. Dogs weighing 5 to 10 pounds: of large strongyles, small strongyles, not labeled for use by stomach tube or Administered one-half tablet twice pinworms, Strongyloides and ascarids drench, the label shall bear the during a single day. Repeat treatment (including members of the genera statement, ‘‘Consult your veterinarian after 2 or 3 weeks. Strongylus spp., Cyathostomum spp., for assistance in the diagnosis, (2) Indications for use. For treatment Cylicobrachytus spp. and related genera treatment, and control of parasitism.’’ of canine ancylostomiasis by the Craterostomum spp., Oesophagodontus removal from the intestines of the adult spp., Poteriostomum spp., Oxyuris spp., § 520.2475 [Amended] forms of the species Ancylostoma Strongyloides spp., and Parascaris spp.). ■ 201. In § 520.2475, in paragraph (b), caninum and Uncinaria stenocephala (3) Limitations. Do not use in horses remove ‘‘000009’’ and in its place add (hookworms). intended for human consumption. ‘‘054771’’. (3) Limitations. Federal law restricts Federal law restricts this drug to use by this drug to use by or on the order of or on the order of a licensed § 520.2520b [Redesignated as § 520.2520a] a licensed veterinarian. veterinarian. ■ 202. Redesignate § 520.2520b as ■ ■ 195. Amend § 520.2380a as follows: 199. In § 520.2380e, revise the section § 520.2520a; and revise it to read as ■ a. Remove paragraph (a); heading and paragraph (c) to read as follows: ■ b. Redesignate paragraphs (b) through follows: (e) as paragraphs (a) through (d), § 520.2520a Trichlorfon and atropine. § 520.2380e Thiabendazole and triclorfon. respectively; and (a) Specifications. (1) For trichlorfon: ■ c. Revise newly redesignated * * * * * (c) Conditions of use in horses—(1) O,O-Dimethyl 2,2,2-trichloro-1- paragraph (b). hydroxyethyl phosphonate. The revision reads as follows: Amount. Administer 2 grams of thiabendazole with 1.8 grams of (2) For atropine: Atropine N.F. § 520.2380a Thiabendazole top dressing trichlorfon per 100 pounds of body (b) Sponsor. See No. 054771 in and mineral protein block. weight sprinkled on the animals’ usual § 510.600(c) of this chapter. * * * * * daily ration of feed, or may be mixed in (c) Conditions of use in mice—(1) (b) Sponsors. See sponsors in 5 to 10 fluid ounces of water and Amount. Administer 1.67 grams of § 510.600(c) of this chapter for use as in administered by stomach tube or trichlorfon and 7.7 milligrams of paragraph (d) of this section. drench. atropine per liter continuously for 7 to (1) No. 051311 for use as in paragraph (2) Indications for use. For the 14 days as the sole source of drinking (d)(1)(i) of this section. treatment and control of bots water.

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(2) Indications for use. For the ■ d. Revise the newly redesignated parasitic, pustular and nonspecific. As treatment of Syphacia obvelata paragraph (c) heading and paragraph adjunctive therapy in various cough (pinworm) in laboratory mice. (c)(3). conditions including treatment of (3) Limitations. Federal law restricts The revisions read as follows: ‘‘kennel cough’’ or tracheobronchitis, this drug to use by or on the order of bronchitis including allergic bronchitis, a licensed veterinarian. § 520.2520d Trichlorfon, phenothiazine, in tonsillitis, acute upper respiratory and piperazine. infections and coughs of nonspecific § 520.2520e [Redesignated as § 520.2520b] * * * * * origin. ■ 203a. Redesignate § 520.2520e as (b) Sponsor. See No. 054771 in (3) Limitations. Federal law restricts § 520.2520b. § 510.600(c) of this chapter. this drug to use by or on the order of ■ 203b. Amend newly redesignated (c) Conditions of use in horses— a licensed veterinarian. § 520.2520b as follows: * * * * * ■ 208. Revise § 520.2605 to read as ■ a. Revise paragraph (b); (3) Limitations. Do not use in horses follows: ■ b. Remove paragraphs (c) and (d); intended for human consumption. ■ c. Redesignate paragraph (e) as Federal law restricts this drug to use by § 520.2605 Trimeprazine and prednisolone paragraph (c); and or on the order of a licensed capsules. ■ d. Revise the newly redesignated veterinarian. (a) Specifications. Each capsule paragraph (c) heading and paragraph ■ 206. Revise § 520.2582 to read as contains: (c)(3). follows: (1) 3.75 milligrams (mg) trimeprazine The revisions read as follows: in sustained released form (as § 520.2582 Triflupromazine. trimeprazine tartrate) and 1 mg § 520.2520b Trichlorfon boluses. (a) Specifications. Each tablet prednisolone (Capsule No. 1); or * * * * * contains 10 or 25 milligrams (mg) (2) 7.5 mg trimeprazine in sustained (b) Sponsor. See No. 054771 in triflupromazine hydrochloride. release form (as trimeprazine tartrate) § 510.600(c) of this chapter. (b) Sponsor. See No. 054771 in and 2 mg prednisolone (Capsule No. 2). (c) Conditions of use in horses— § 510.600(c) of this chapter. (b) Sponsor. See No. 054771 in * * * * * (c) Conditions of use in dogs and § 510.600(c) of this chapter. (3) Limitations. Do not use in horses cats—(1) Amount. Administer orally 1 (c) Conditions of use in dogs—(1) intended for human consumption. to 2 mg per pound of body weight daily, Amount. Administer orally once daily Federal law restricts this drug to use by followed by 1 mg daily. an initial dosage: or on the order of a licensed (2) Indications for use. For relief of (i) For dogs weighing up to 10 veterinarian. anxiety, to help control psychomotor pounds: one Capsule No. 1; over-activity, and to increase the (ii) For dogs weighing 11 to 20 § 520.2520f [Redesignated as § 520.2520c] tolerance of animals to pain and pounds, one Capsule No. 2 or two ■ 204a. Redesignate § 520.2520f as pruritus. For use in various clinical Capsule No. 1; § 520.2520c. procedures which require the aid of a (iii) For dogs weighing 21 to 40 tranquilizer, antiemetic, or pounds, two Capsule No. 2 or four ■ 204b. Amend newly redesignated preanesthetic. Capsule No. 1; and § 520.2520c as follows: (iv) For dogs weighing over 40 ■ (3) Limitations. Federal law restricts a. Revise paragraph (b); pounds, three Capsule No. 2 or six ■ this drug to use by or on the order of b. Remove paragraphs (c) and (d); a licensed veterinarian. Capsule No. 1. ■ c. Redesignate paragraph (e) as ■ After 4 days, the dosage is reduced to paragraph (c); and 207. Revise § 520.2604 to read as approximately 1⁄2 the initial dosage or to ■ follows: d. Revise the newly redesignated an amount just sufficient to maintain paragraph (c) heading and paragraph § 520.2604 Trimeprazine and prednisolone remission of symptoms. (c)(3). tablets. (2) Indications for use. For the relief The revisions read as follows: (a) Specifications. Each tablet of itching regardless of cause; and for § 520.2520c Trichlorfon granules. contains 5 milligrams (mg) trimeprazine reduction of inflammation commonly tartrate and 2 mg prednisolone. * * * * * associated with most skin disorders of (b) Sponsor. See No. 054771 in (b) Sponsor. See No. 054771 in dogs such as eczema, caused by internal § 510.600(c) of this chapter. disorders, otitis, and dermatitis, allergic, § 510.600(c) of this chapter. (c) Conditions of use in dogs—(1) (c) Conditions of use in horses— parasitic, pustular and nonspecific. As Amount. Administer orally an initial adjunctive therapy in various cough * * * * * dosage: for dogs weighing up to 10 conditions including treatment of (3) Limitations. Do not use in horses pounds, 1⁄2 tablet twice daily; for dogs ‘‘kennel cough’’ or tracheobronchitis, intended for human consumption. weighing 11 to 20 pounds, 1 tablet twice bronchitis including allergic bronchitis, Federal law restricts this drug to use by daily; for dogs weighing 21 to 40 in tonsillitis, acute upper respiratory or on the order of a licensed pounds, 2 tablets twice daily; and for infections and coughs of nonspecific veterinarian. dogs weighing over 40 pounds, 3 tablets origin. § 520.2520g [Redesignated as § 520.2520d] twice daily. After 4 days, reduce dosage (3) Limitations. Federal law restricts to one-half the initial dose or to an this drug to use by or on the order of ■ 205a. Redesignate § 520.2520g as amount sufficient to maintain remission a licensed veterinarian. § 520.2520d. of symptoms. ■ 209. Revise § 520.2610 to read as ■ 205b. Amend newly redesignated (2) Indications for use. For the relief follows: § 520.2520d as follows: of itching regardless of cause; and for ■ a. Revise paragraph (b); reduction of inflammation commonly § 520.2610 Trimethoprim and sulfadiazine ■ b. Remove paragraphs (c) and (d); associated with most skin disorders of tablets. ■ c. Redesignate paragraph (e) as dogs such as eczema, caused by internal (a) Specifications. Each tablet paragraph (c); and disorders, otitis, and dermatitis, allergic, contains 30 milligrams (mg) (5 mg

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trimethoprim and 25 mg sulfadiazine), and paragraphs (c)(1) and (3) to read as ACTION: Notice of enforcement of 120 mg (20 mg trimethoprim and 100 follows: regulations. mg sulfadiazine), 480 mg (80 mg § 520.2613 Trimeprazine and sulfadiazine trimethoprim and 400 mg sulfadiazine) powder. SUMMARY: The Coast Guard will enforce or 960 mg (160 mg trimethoprim and the events taking place throughout the 800 mg sulfadiazine). (a) Specifications. Each gram of powder contains 67 milligrams (mg) Sector Northern New England Captain (b) Sponsors. See Nos. 000061 and trimethoprim and 333 mg sulfadiazine. of the Port (COTP) Zone. This action is 054771 in § 510.600(c) of this chapter. (b) Sponsors. See Nos. 054771 and necessary to protect marine traffic and (c) Conditions of use in dogs—(1) 058711 in § 510.600(c) of this chapter. spectators from the hazards associated Amount. Administer orally at 30 mg per (c) Conditions of use in horses—(1) with powerboat races, regattas, boat kilogram of body weight (14 milligrams Amount. Administer orally 3.75 grams parades, rowing and paddling boat per pound) once daily. Alternatively, of powder per 110 pounds (50 races, swim events, and fireworks especially in severe infections, the kilograms) of body weight in a small displays. During the enforcement initial dose may be followed by one-half amount of feed, as a single daily dose, period, no person or vessel may enter the recommended daily dose every 12 for 5 to 7 days. the Special Local Regulation area or hours. Administer for 2 to 3 days after * * * * * symptoms have subsided. Do not treat Safety Zone without permission of the (3) Limitations. Do not use in horses COTP. for more than 14 consecutive days. intended for human consumption. (2) Indications for use. The drug is Federal law restricts this drug to use by DATES: The marine events listed in 33 used in dogs where systemic or on the order of a licensed CFR 100.120 and 33 CFR 165.171 will antibacterial action against sensitive veterinarian. take place from June 14, 2014 through organisms is required, either alone or as Dated: April 29, 2014. July 28, 2014, during the times and an adjunct to surgery or debridement dates specified in Tables 1 and 2 below. with associated infection. The drug is Steven D. Vaughn, indicated where control of bacterial Director, Office of New Animal Drug FOR FURTHER INFORMATION CONTACT: If infection is required during the Evaluation, Center for Veterinary Medicine. you have questions on this notice, call treatment of acute urinary tract [FR Doc. 2014–10415 Filed 5–19–14; 8:45 am] or email Lieutenant Junior Grade infections, acute bacterial complications BILLING CODE 4160–01–P Elizabeth Gunn, U.S. Coast Guard, of distemper, acute respiratory tract Sector Northern New England, infections, acute alimentary tract Waterways Management Division, via infections, wound infections, and DEPARTMENT OF HOMELAND telephone at 207–767–0398 or email at abscesses. SECURITY [email protected]. (3) Limitations. Federal law restricts Coast Guard SUPPLEMENTARY INFORMATION: The Coast this drug to use by or on the order of Guard will enforce the Special Local a licensed veterinarian. 33 CFR Parts 100 and 165 Regulations and Safety Zones listed in § 520.2611 [Amended] [Docket No. USCG–2013–0904] 33 CFR 100.120 and 33 CFR 165.171. ■ 210. In § 520.2611, in paragraph (b)(1), These regulations will be enforced for remove ‘‘000856’’ and in its place add Special Local Regulations and Safety the duration of each event, on or about ‘‘054771’’. Zones; Recurring Events in Northern the dates indicated in TABLES 1 and 2. New England ■ 211. In § 520.2613, revise paragraphs (a) and (b), the paragraph (c) heading, AGENCY: Coast Guard, DHS.

TABLE 1 [33 CFR 100.120]

JUNE

Charlie Begin Memorial Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Boothbay Harbor Lobster Boat Race Committee. • Date: June 14, 2014. • Time: 10:00 a.m. to 2:00 p.m. • Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of John’s Island within the following points (NAD 83): 43°50′04″ N, 069°38′37″ W. 43°50′54″ N, 069°38′06″ W. 43°50′49″ N, 069°37′50″ W. 43°50′00″ N, 069°38′20″ W.

Rockland Harbor Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Rockland Harbor Lobster Boat Race Committee. • Date: June 15, 2014. • Time: 10:00 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of the Rockland Breakwater Light within the fol- lowing points (NAD 83): 44°05′59″ N, 069°04′53″ W. 44°06′43″ N, 069°05′25″ W. 44°06′50″ N, 069°05′05″ W.

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TABLE 1—Continued [33 CFR 100.120] 44°06′05″ N, 069°04′34″ W.

Windjammer Days Parade of Ships ...... • Event Type: Tall Ship Parade. • Sponsor: Boothbay Region Chamber of Commerce. • Date: June 25, 2014. • Time: 1:00 p.m. to 3:00 p.m. • Location: The regulated area includes all waters of Boothbay Harbor, Maine in the vicinity of Tumbler’s Island within the following points (NAD 83): 43°51′02″ N, 069°37′33″ W. 43°50′47″ N, 069°37′31″ W. 43°50′23″ N, 069°37′57″ W. 43°50′01″ N, 069°37′45″ W. 43°50′01″ N, 069°38′31″ W. 43°50′25″ N, 069°38′25″ W. 43°50′49″ N, 069°37′45″ W.

Bass Harbor Blessing of the Fleet Lobster Boat Race ...... • Event Type: Power Boat Race. • Sponsor: Tremont Congregational Church. • Date: June 27, 2014. • Time: 10:00 a.m. to 2:00 p.m. • Location: The regulated area includes all waters of Bass Harbor, Maine in the vicinity of Lopaus Point within the following points (NAD 83): 44°13′28″ N, 068°21′59″ W. 44°13′20″ N, 068°21′40″ W. 44°14′05″ N, 068°20′55″ W. 44°14′12″ N, 068°21′14″ W.

JULY

Moosabec Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Moosabec Boat Race Committee. • Date: July 5, 2014. • Time: 10:00 a.m. to 12:30 p.m. • Location: The regulated area includes all waters of Jonesport, Maine within the following points (NAD 83): 44°31′21″ N, 067°36′44″ W. 44°31′36″ N, 067°36′47″ W. 44°31′44″ N, 067°35′36″ W. 44°31′29″ N, 067°35′33″ W.

The Great Race ...... • Event Type: Rowing and Paddling Boat Race. • Sponsor: Franklin County Chamber of Commerce. • Date: July 7, 2014. • Time: 9:00 a.m. to 12:30 p.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Saint Albans Bay within the following points (NAD 83): 44°47′18″ N, 073°10′27″ W. 44°47′10″ N, 073°08′51″ W.

Maine Windjammer Lighthouse Parade ...... • Event Type: Wooden Boat Parade. • Sponsor: Maine Windjammer Association. • Date: July 11, 2014. • Time: 2:00 p.m. to 4:00 p.m. • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of the Rockland Harbor Breakwater within the following points (NAD 83): 44°06′14″ N, 069°03′48″ W. 44°05′50″ N, 069°03′47″ W. 44°06′14″ N, 069°05′37″ W. 44°05′50″ N, 069°05′37″ W.

Searsport Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Searsport Lobster Boat Race Committee. • Date: July 12, 2014. • Time: 10:00 a.m. to 2:00 p.m. • Location: The regulated area includes all waters of Searsport Har- bor, Maine within the following points (NAD 83): 44°26′50″ N, 068°55′20″ W. 44°27′04″ N, 068°55′26″ W. 44°27′12″ N, 068°54′35″ W.

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TABLE 1—Continued [33 CFR 100.120] 44°26′59″ N, 068°54′29″ W.

Mayor’s Cup Regatta ...... • Event Type: Sailboat Parade. • Sponsor: Plattsburgh Sunrise Rotary. • Date: July 12, 2014. • Time: 10:00 a.m. to 4:00 p.m. • Location: The regulated area includes all waters of Cumberland Bay on Lake Champlain in the vicinity of Plattsburgh, New York within the following points (NAD 83): 44°41′26″ N, 073°23′46″ W. 44°40′19″ N, 073°24′40″ W. 44°42′01″ N, 073°25′22″ W.

Stonington Lobster Boat Races ...... • Event Type: Power Boat Race. • Sponsor: Stonington Lobster Boat Race Committee. • Date: July 13, 2014. • Time: 9:30 a.m. to 3:30 p.m. • Location: The regulated area includes all waters of Stonington, Maine within the following points (NAD 83): 44°08′55″ N, 068°40′12″ W. 44°09′00″ N, 068°40′15″ W. 44°09′11″ N, 068°39′42″ W. 44°09′07″ N, 068°39′39″ W.

The Challenge Race ...... • Event Type: Rowing and Paddling Boat Race. • Sponsor: Lake Champlain Maritime Museum. • Date: July 13, 2014. • Time: 11:00 a.m. to 3:00 p.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Button Bay State Park within the following points (NAD 83): 44°12′25″ N, 073°22′32″ W. 44°12′00″ N, 073°21′42″ W. 44°12′19″ N, 073°21′25″ W. 44°13′16″ N, 073°21′36″ W.

Yarmouth Clam Festival Paddle Race ...... • Event Type: Rowing and Paddling Boat Race. • Sponsor: Maine Island Trail Association. • Date: July 19, 2014. • Time: 2:00 p.m. to 7:00 p.m. • Location: The regulated area includes all waters in the vicinity of the Royal River outlet and Lane’s Island within the following points (NAD 83): 43°47′47″ N, 070°08′40″ W. 43°47′50″ N, 070°07′13″ W. 43°47′06″ N, 070°07′32″ W. 43°47′17″ N, 070°08′25″ W.

TABLE 2 [33 CFR 165.171]

JUNE

Rotary Waterfront Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Gardiner Rotary. • Date: June 21, 2014. • Time: 8:30 p.m. to 9:30 p.m. • Location: In the vicinity of the Gardiner Waterfront, Gardiner, Maine in approximate position: 44°13′52″ N, 069°46′08″ W (NAD 83).

Windjammer Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Boothbay Harbor Region Chamber of Commerce. • Date: June 25, 2014. • Time: 8:30 p.m. to 9:30 p.m. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43°50′38″ N, 069°37′57″ W (NAD 83).

JULY

Burlington Independence Day Fireworks ...... • Event Type: Fireworks Display.

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TABLE 2—Continued [33 CFR 165.171] • Sponsor: City of Burlington, Vermont. • Date: July 3, 2014. • Time: 9:00 p.m. to 11:00 p.m. • Location: From a barge in the vicinity of Burlington Harbor, Bur- lington, Vermont in approximate position: 44°28′31″ N, 073°13′31″ W (NAD 83).

Camden 3rd of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Camden, Rockport, Lincolnville Chamber of Commerce. • Date: July 4, 2014. • Time: 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of Camden Harbor, Maine in approximate po- sition: 44°12′32″ N, 069°02′58″ W (NAD 83).

Bangor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bangor 4th of July Fireworks. • Date: July 4, 2014. • Time: 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Bangor Waterfront, Bangor, Maine in approximate position: 44°47′27″ N, 068°46′31″ W (NAD 83).

Bar Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bar Harbor Chamber of Commerce. • Date: July 4, 2014. • Time: 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine in approximate position: 44°23′31″ N, 068°12′15″ W (NAD 83).

Boothbay Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Boothbay Harbor. • Date: July 4, 2014. • Time: 9:00 p.m. to 9:30 p.m. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43°50′38″ N, 069°37′57″ W (NAD 83).

Colchester 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Colchester, Recreation Department. • Date: July 4, 2014. • Time: 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of Bayside Beach and Mallets Bay in Colchester, Vermont in approximate position: 44°32′44″ N, 073°13′10″ W (NAD 83).

Eastport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eastport 4th of July Committee. • Date: July 4, 2014. • Time: 9:00 p.m. to 10:30 p.m. • Location: From the Waterfront Public Pier in Eastport, Maine in ap- proximate position: 44°54′25″ N, 066°58′55″ W (NAD 83).

Ellis Short Sand Park Trustee Fireworks ...... • Event Type: Fireworks Display. • Sponsor: William Burnham. • Date: July 4, 2014. • Time: 9:30 p.m. to 10:30 p.m. • Location: In the vicinity of York Beach, Maine in approximate posi- tion: 43°10′27″ N, 070°36′26″ W (NAD 83).

Jonesport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Jonesport 4th of July Committee. • Date: July 4, 2014. • Time: 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Beals Island, Jonesport, Maine in approxi- mate position: 44°31′18″ N, 067°36′43″ W (NAD 83).

Portland Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Department of Parks and Recreation, Portland, Maine.

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TABLE 2—Continued [33 CFR 165.171] • Date: July 4, 2014. • Rain date: July 5, 2014. • Time: 8:30 p.m. to 10:30 p.m. • Location: In the vicinity of East End Beach, Portland, Maine in ap- proximate position: 43°40′16″ N, 070°14′44″ W (NAD 83).

Stonington 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Deer Isle—Stonington Chamber of Commerce. • Date: July 4, 2014. • Time: 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Two Bush Island, Stonington, Maine in ap- proximate position: 44°08′57″ N, 068°39′54″ W (NAD 83).

Southwest Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Southwest Harbor-Tremont Chamber of Commerce. • Date: July 4, 2014. • Time: 9:00 p.m. to 10:30 p.m. • Location: Southwest Harbor, Maine in approximate position: 44°6′25″ N, 068°19′21″ W (NAD 83).

Prentice Hospitality Group Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Prentice Hospitality Group. • Date: July 4, 2014. • Rain date: July 5, 2014. • Time: 8:00 p.m. to 10:30 p.m. • Location: Chebeague Island, Maine in approximate position: 43°45′12″ N, 070°06′27″ W (NAD 83).

Shelburne Triathlons ...... • Event Type: Swim Event. • Sponsor: Race Vermont. • Date: July 5, 2014. • Time: 7:00 a.m. to 11:00 a.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Shelburne Beach in Shelburne, Vermont within a 400 yard radius of the following point: 44°21′45″ N, 075°15′58″ W (NAD 83).

Lubec Bicentennial Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Lubec, Maine. • Date: July 5, 2014. • Time: 9:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Lubec Public Boat Launch in approxi- mate position: 44°51′52″ N, 066°59′06″ W (NAD 83).

Vinalhaven 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Vinalhaven 4th of July Committee. • Date: July 6, 2014. • Time: 9:00 p.m. to 10:30 p.m. • Location: In the vicinity of Grime’s Park, Vinalhaven, Maine in ap- proximate position: 44°02′34″ N, 068°50′26″ W (NAD 83).

Main Street Heritage Days 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Main Street Inc. • Date: July 6, 2014. • Time: 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate position: 43°54′56″ N, 069°48′16″ W (NAD 83).

St. Albans Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Albans Area Chamber of Commerce. • Date: July 6, 2014. • Time: 9:00 p.m. to 10:00 p.m. • Location: From the St. Albans Bay dock in St. Albans Bay, Vermont in approximate position: 44°48′25″ N, 073°08′23″ W (NAD 83).

Peaks to Portland Swim ...... • Event Type: Swim Event. • Sponsor: Cumberland County YMCA.

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TABLE 2—Continued [33 CFR 165.171] • Date: July 12, 2014. • Time: 8:30 a.m. to 12:00 p.m. • Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Portland, Maine within the following points (NAD 83). 43°39′20″ N, 070°11′58″ W. 43°39′45″ N, 070°13′19″ W. 43°40′11″ N, 070°14′13″ W. 43°40′08″ N, 070°14′29″ W. 43°40′00″ N, 070°14′23″ W. 43°39′34″ N, 070°13′31″ W. 43°39′13″ N, 070°11′59″ W.

St. George Days Fireworks ...... • Event Type: Fireworks. • Sponsor: Town of St. George. • Date: July 19, 2014. • Time: 8:30 p.m. to 10:30 p.m. • Location: The regulated area includes all waters of Inner Tenants Harbor, ME, in approximate position (NAD 83): 43°57′41.37″ N, 069°12′45″ W.

Richmond Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Richmond, Maine. • Date: July 26, 2014. • Time: 8:00 p.m. to 10:30 p.m. • Location: From a barge in the vicinity of the inner harbor, Tenants Harbor, Maine in approximate position: 44°08′42″ N, 068°27′06″ W (NAD83).

Colchester Triathlon ...... • Event Type: Swim Event. • Sponsor: Colchester Parks and Recreation Department. • Date: July 27, 2014. • Time: 8:00 a.m. to 11:00 a.m. • Location: The regulated area includes all waters of Malletts Bay on Lake Champlain, Vermont within the following points (NAD 83): 44°32′18″ N, 073°12′35″ W. 44°32′28″ N, 073°12′56″ W. 44°32′57″ N, 073°12′38″ W.

Tri for a Cure Swim Clinics and Triathlon ...... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Dates & Times: July 7, 2014 6:00 p.m. to 7:30 p.m. July 12, 2014 12:00 p.m. to 1:30 p.m. July 19, 2014 3:30 p.m. to 5:00 p.m. July 20, 2014 7:00 a.m. to 10:30 a.m. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83): 43°39′01″ N, 070°13′32″ W. 43°39′07″ N, 070°13′29″ W. 43°39′06″ N, 070°13′41″ W. 43°39′01″ N, 070°13′36″ W.

Friendship Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Friendship. • Date: July 28, 2014. • Time: 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Town Pier, Friendship Harbor, Maine in approximate position: 43°58′23″ N, 069°20′12″ W (NAD83).

Bucksport Festival and Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bucksport Bay Area Chamber of Commerce. • Date: July 26, 2014. • Time: 8:00 pm to 10:30 pm Location: In the vicinity of the Verona Is- land Boat Ramp, Verona, Maine in approximate position: 44°34′9″ N, 068°47′28″ W (NAD83).

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For events where the date is different FOR FURTHER INFORMATION CONTACT: relating to the transition of terminating from the dates previously published for Pamela Arluk, Wireline Competition end office access rates and the that event, new Temporary Rules may Bureau, Pricing Policy Division (202) calculation of Eligible Recovery for be issued to enforce limited access areas 418–1520 or (202) 418–0484 (TTY); or price cap and rate-of-return carriers for the marine event. The Coast Guard Robin Cohn, Wireline Competition beginning in 2014. Finally, the Bureau may patrol each event area under the Bureau, Pricing Policy Division (202) clarifies issues related to duplicative direction of a designated Coast Guard 418–1520 or (202) 418–0484 (TTY). recovery and the true-up of regulatory Patrol Commander (PATCOM). The SUPPLEMENTARY INFORMATION: This is a fees and revenue calculations. PATCOM may be contacted on Channel summary of the Wireline Competition II. Background 16 VHF–FM (156.8 MHz) by the call Bureau’s Order in WC Docket No. 10– 2. The USF/ICC Transformation Order sign ‘‘PATCOM.’’ Official patrol vessels 90 and CC Docket No. 01–92, adopted adopted, among other things, an ICC may consist of any Coast Guard, Coast and released on March 31, 2014. The reform timeline including rules that Guard Auxiliary, state, or local law full text of this document is available require carriers to adjust, over a period enforcement vessels assigned or electronically via ECFS at http:// of years, many of their legacy ICC rates approved by the COTP, Sector Northern fjallfoss.fcc.gov/ecfs/ or may be effective on July 1 of each of those years, New England. For information about downloaded at http://hraunfoss.fcc.gov/ with the ultimate goal of transitioning to regulations and restrictions for edocs_public/attachmatch/DA-14- a bill-and-keep regime. The Commission waterway use during the effective 434A1.pdf. The full text of this also adopted a recovery mechanism to periods of these events, please refer to document is also available for public mitigate the impact of reduced ICC 33 CFR 100.120 and 33 CFR 165.171. inspection during regular business revenues on carriers and to facilitate This notice is issued under authority hours in the FCC Reference Center, 445 continued investment in broadband of 33 CFR 100.120, 33 CFR 165.171, and 12th Street SW., Room CY–A257, infrastructure while providing greater 5 U.S.C. 552(a). In addition to this Washington, DC 20554. The complete certainty and predictability going notice in the Federal Register, the Coast text may be purchased from the forward. The recovery mechanism Guard will provide the maritime Commission’s copy contractor, Best allows incumbent LECs to recover ICC community with advance notification of Copy and Printing, Inc. (BCPI), 445 12th revenues reduced due to the ICC this enforcement period via the Local Street SW., Room CY–B402, reforms, up to an amount defined for Notice to Mariners and marine Washington, DC 20554, (202) 488–5300 each year of the transition, which is information broadcasts. If the COTP (voice) or (202) 488–5563 (facsimile) or referred to as ‘‘Eligible Recovery.’’ A determines that the regulated area need via email at [email protected]. To carrier may recover a limited portion of not be enforced for the full duration request materials in accessible formats its Eligible Recovery each year from its stated in this notice, he or she may use for people with disabilities (e.g. braille, end users through a fixed monthly a Broadcast Notice to Mariners to grant large print, electronic files, audio charge called the Access Recovery general permission to enter the format, etc.) or to request reasonable Charge (ARC), and the remainder of its regulated area. accommodations (e.g. accessible format Eligible Recovery for the year, if it so Dated: May 1, 2014. documents, sign language interpreters, elects, from Connect America Fund ICC CART, etc.), send an email to fcc504@ B.S. Gilda, support. fcc.gov or call the Consumer & Captain, U.S. Coast Guard, Captain of the 3. The Bureau previously clarified Governmental Affairs Bureau at (202) Port Sector Northern New England. and corrected several rules adopted in 418–0530 (voice) or (202) 418–0432 [FR Doc. 2014–11561 Filed 5–19–14; 8:45 am] the USF/ICC Transformation Order in (TTY). BILLING CODE 9110–04–P response to requests for clarification or I. Introduction correction in prior years. In this Order, 1. In the USF/ICC Transformation we clarify and correct several rules FEDERAL COMMUNICATIONS Order, the Commission delegated to the pertaining to future filings that price cap COMMISSION Wireline Competition Bureau (Bureau) and rate-of-return carriers will make in the authority to make any rule revisions the 2014 annual access charge tariff 47 CFR Part 51 necessary to ensure that the reforms filings and beyond. adopted by the Commission are III. Discussion [WC Docket No. 10–90, CC Docket No. 01– properly reflected in the rules, 92; DA 14–434] including correction of any conflicts A. Rate Parity for Interstate and between the new or revised rules and Intrastate Terminating End Office Connect America Fund; Developing a Access Service Unified Intercarrier Compensation addressing of any omissions or Regime oversights. In this Order, the Bureau 4. In 2013, both price cap and rate-of- acts pursuant to its delegated authority return regulated incumbent LECs were AGENCY: Federal Communications to clarify and correct certain rules required to reduce certain intrastate Commission. relating to implementation of the switched access rates that exceeded ACTION: Final rule. intercarrier compensation (ICC) comparable interstate switched access transition adopted in the USF/ICC rates to interstate rate levels using the SUMMARY: In this document, the Federal Transformation Order. Specifically, the interstate rate structure. Carriers whose Communications Commission’s Bureau clarifies language in sections intrastate switched access rates were Wireline Competition Bureau clarifies 51.907 and 51.909 to reflect ongoing rate below comparable interstate rates and amends certain provisions of the parity in the transition process for price generally were not allowed to increase Commission’s new rules relating to cap and rate-of-return local exchange such rates. Beginning in 2014, price cap intercarrier compensation carriers (LECs), consistent with the carriers must reduce terminating transformation reforms adopted in the intent of the USF/ICC Transformation switched end office and reciprocal USF/ICC Transformation Order. Order. The Bureau also clarifies certain compensation rates ‘‘by one-third of the DATES: Effective June 19, 2014. aspects of the Commission’s rules differential between end office rates and

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$0.0007.’’ Rate-of-return carriers must interstate and intrastate composite rates. carriers and $0.005 for rate-of-return also begin making similar reductions While the composite rate is necessary to carriers. Carriers will then develop using a target rate of $0.005 rather than calculate the required rate reductions, terminating interstate end office access $0.0007 to calculate the reductions. we clarify that sole reliance on rates for their interstate tariffs that are Because some end office rate elements composite rates, rather than the rates consistent with the target composite are assessed on a per-minute basis and themselves, is unnecessary to ensure rate. These terminating interstate end others on a flat-rated basis, the that intrastate terminating end office office access rates will be used to transition rules employed composite access rates do not exceed comparable establish terminating intrastate end terminating end office access rates to interstate terminating end office access office access rates for comparable rate determine the amount by which rates. Therefore, as set forth in the elements unless the intrastate rate for a terminating end office access rates were Appendix, we revise sections 51.907 rate element is lower than the interstate required to be reduced in each year of and 51.909 to clarify that achieving rate rate for that element. Carriers have the the transition. The rules also employed parity for the access rates themselves, option to elect to charge a single per separate interstate and intrastate not the composite rate for price cap and minute rate element for terminating end composite terminating end office access rate-of-return LECs, was the intent of the office access in both their interstate and rates to establish the actual rates. To the USF/ICC Transformation Order. Under intrastate tariffs that is no greater than extent any flat-rated elements are this approach, carriers may continue to the target terminating end office access included in end office rates, the use of establish interstate terminating end rate for the year in question. This option separate interstate and intrastate office access rate caps that do not is contingent on such an electing composites in determining rate exceed the target composite terminating carrier’s intrastate terminating end reductions would take interstate and end office access rate for each year in office access rates being at parity with intrastate rates out of parity as the transition in the manner the adopted the interstate rates if separate rates for terminating end office access rates are rules require. To achieve rate parity, the different rate elements were used. reduced. interstate rate caps so determined will Below, we clarify certain aspects of these calculations to ensure consistent 5. Price cap carriers work be used in setting intrastate rate caps for implementation among carriers. cooperatively with Bureau staff each the comparable intrastate terminating year to develop tariff review plan end office access elements rather than B. Calculation of Terminating End spreadsheets that support their annual developing new intrastate rate caps that Office Access Rates would satisfy a separately determined access filings. In the course of such 7. 2011 Baseline Composite intrastate composite terminating end discussions, some carriers have Terminating End Office Access Rate. office access rate. To ensure the questioned whether the use of separate Section 51.907(d) and 51.909(d) of the maximum rate parity, intrastate interstate and intrastate rate composites Commission’s rules specify the access terminating end office rates will be set to measure whether intrastate charge rate reductions that price cap at the interstate rate level for the terminating end office access rates do and rate-of-return carriers, respectively, comparable rate element unless the not exceed interstate terminating end must make to terminating end office intrastate rate for that rate element is office access rates is consistent with the access rates in 2014. The first step in lower, in which case the lower rate will USF/ICC Transformation Order. These this process is for carriers to calculate carriers assert that the Commission be used. As terminating end office rates the ‘‘2011 Baseline Composite intended for interstate and intrastate decrease, intrastate terminating end Terminating End Office Access Rate,’’ rates to remain at parity as the rate office rates that are below comparable which is calculated using Fiscal Year transition proceeds, which one interstate rates will begin to be reduced 2011 demand and the End Office Access interpretation of the existing rules when rate parity is reached. This Service rates at the levels in effect on would not always achieve. We agree approach to developing reduced rates December 29, 2011. This composite rate that the Commission intended in the best achieves the Commission’s goals of is calculated this one time, and is used USF/ICC Transformation Order for rate maintaining rate parity during the in making calculations in subsequent parity to be maintained during the transition process. years. Section 51.907(d)(2)(i), which is transition of terminating end office 6. An overview of the calculations applicable to price cap carriers, does not access rates to bill-and-keep beginning necessary for reducing terminating end specify whether price cap carriers in 2014. The Commission noted that office access rates beginning July 1, should use interstate or intrastate varying access rates ‘‘have created 2014, as described above, is as follows. demand and rates in making this incentives for arbitrage and pervasive In broad terms, the reductions are based calculation, although the comparable competitive distortions within the on rates developed to comply with rule applicable to rate-of-return carriers industry.’’ The Commission further targets developed from interstate rates specifies that it should be interstate noted that ‘‘[b]y transitioning all traffic and demand, with the interstate rates rates and demand. The absence of a in a coordinated manner, we will generally being used to establish jurisdictional designation for the minimize opportunities for arbitrage intrastate rate levels. Using 2014 as a demand and rates to be used by price that could be presented by disparate model, carriers first establish the 2011 cap carriers creates potential ambiguity intrastate rates.’’ Having reached rate Baseline Composite Terminating End in the calculation of the required rate parity whenever possible in 2013, and Office Access Rate, which reflects reductions. reduced rate disparity in other cases, we interstate rates and demand. Next, 8. We clarify that the 2011 Fiscal Year find that a methodology that could be carriers must calculate the 2014 Target interstate demand and rates are to be interpreted to increase rate disparity for Composite Terminating End Office utilized for the reasons explained two years, only to return to rate parity Access Rate, by reducing the 2011 below. The ICC rate transition started by in the succeeding year, is inconsistent Baseline Composite Terminating End capping interstate and intrastate with the objectives described above. Office Access Rate by one-third of the switched access rates for price cap Thus, we clarify that the Commission difference between the 2011 Baseline carriers at December 29, 2011, levels. intended to achieve parity between Composite Terminating End Office The 2012 and 2013 transition steps interstate and intrastate rates, not Access Rate and $0.0007 for price cap reduced ‘‘Transitional Intrastate Access

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Service’’ rates (which included office access rates so developed for the thus tracks the description in sections reduction of end office rates that were comparable rate elements. A carrier’s 51.907(d)(2)(iii) and (e)(1)(ii) of the above interstate switched access rates to terminating intrastate end office access Commission’s rules specifying a price interstate switched access rate levels), rates are further constrained in that the cap carrier’s pricing options for but did not require any changes to carrier may not increase any existing terminating end office access service in interstate switched access rates during intrastate rate during this transition. those years. that period. The 2014 annual access Alternatively, the carrier may assess the 13. We also make the following tariff filing begins the transition process target terminating end office access rate clarifications and corrections to the rate- of focusing annual rate reductions to in both the interstate and intrastate of-return ICC transition and recovery interstate and intrastate Terminating jurisdictions as long as the carrier’s rules. First, we delete the word End Office Access rates from their intrastate terminating end office access ‘‘interstate’’ in each instance when it 2013–14 rate levels. Because intrastate rates would all be at parity with the referred to a particular year’s target switched access rates above comparable interstate rates under the preceding composite rate. This change reflects our interstate rates are now reduced to approach. We amend the rules clarification that there is only one target interstate levels, 2011 intrastate rate and accordingly, as set forth in the composite rate each year starting in demand data are no longer relevant to Appendix. 2014, not separate interstate and the calculation of a baseline from which intrastate target composite rates. C. Other Corrections or Clarifications to reduce Terminating End Office Second, we clarify that in calculating Access Service rates in 2014. The 11. Recovery Mechanism the target composite terminating end calculation of the 2011 Baseline Calculations. Sections office access rates in 2017 and 2018, Composite Terminating End Office 51.915(d)(1)(iii)(C), (iv)(C), and (v)(C) rate-of-return carriers should use the Access Rate, which is made for the first refer to the ‘‘[i]ntrastate 2014 Composite 2016 Target Composite Terminating End time this year, thus should only include Terminating End Office Access Rate’’ in Office Access Rate rather than the 2011 Fiscal Year interstate demand and the process for establishing the rate Terminating End Office Access Service rates. We revise section 51.907(d)(2)(i) level from which reductions in Rate as of July 1, 2016 as the initial rate accordingly, as set forth in the terminating end office rates are to be to reflect the uniform transition the Appendix, to eliminate any ambiguity measured for purposes of determining a Commission intended rather than and to facilitate the annual tariff filing price cap carrier’s Eligible Recovery for requiring a carrier with a very low process. We note further that using 2014. However, no methodology for terminating rate to have to further interstate rates and demand in calculating a 2014 Composite reduce its rates before the uniform target calculating the required terminating end Terminating End Office Access Rate is rate falls below its rates. Finally, we add office access rate reductions for price specified in the rules. We clarify the or delete ‘‘interstate’’ or ‘‘intrastate’’ in cap carriers is consistent with how we procedure to be used by adding a several places to more clearly reflect the require rate-of-return carriers to definition of ‘‘Intrastate 2014 Composite intended rates. calculate their 2011 Baseline Composite Terminating End Office Access Rate’’ 14. Access Recovery Charge True-Up. Terminating End Office Access Rates. that specifies the required calculation Section 51.917(d) outlines the process 9. Target Composite Terminating End method for price cap carriers. This for determining Eligible Recovery for Office Access Rate. Beginning this year, definition is consistent with the rate-of-return carriers. The Eligible the ICC transition steps require carriers calculation required under section Recovery calculation set forth in section to calculate a Target Composite 51.907(d) and uses 2011 Fiscal Year 51.917(d)(1)(iii)(D) requires rate-of- Terminating End Office Access Rate in demand to weight the different rates return carriers to, among other things, certain years in which a target rate is not used in calculating the composite rate in subtract from their Base Period specified to determine the amount of the same manner that the corresponding Revenues (as reduced by multiplying reductions that must be made that year. price cap carrier ICC rate transition these revenues by the Rate-of-Return Carriers have raised the question of rules weight different rates used to Carrier Baseline Adjustment Factor) ‘‘an whether separate interstate and calculate composites. Consistent with amount equal to True-up Revenues for intrastate target composite rates are the clarification that rate parity was to Access Recovery Charges for the year required. The above clarification that be maintained during the transition, we beginning July 1, 2012.’’ In the 2013 ICC the Commission intended rate parity revise the introductory language in Clarification Order, we substituted a between interstate and intrastate rates to sections 51.915(d)(1)(iii)(C), (iv)(C) and defined term for the previous apply during the reductions in (v)(C) that relied on composite rate calculation of the ARC true-up. This terminating end office access rates comparisons to determine if rates had substitution resulted in inadvertently renders this question moot. We been reduced. The clarifying language reversing the order of the calculation, therefore clarify that there is only one makes clear that the recovery permitted which would have the effect of reducing Target Composite Terminating End by subparagraphs (d), (e), and (f) is Eligible Recovery when it should have Office Access Rate each year, which is allowed only if intrastate Terminating been increased, or vice versa. To correct to be determined consistent with End Office Access Service rates are this error in the rule language, we add sections 51.907(d)(2)(iii) and reduced in the year in question. the clause ‘‘multiplied by negative one’’ 51.909(d)(3)(ii). 12. We also correct an inadvertent to the rule language in order to have the 10. To begin the implementation of omission in section 51.907(f) by adding calculation described in the rule rate parity, a carrier may develop language clarifying that a price cap produce the intended result. terminating end office access rates for carrier has the option, in 2016, to 15. True-Up of Regulatory Fees. For the interstate jurisdiction whose implement a single per minute rate rate-of-return carriers, composite rate does not exceed the element for terminating End Office telecommunications relay services composite target terminating end office Access Service at a rate no greater than (TRS) fees, regulatory fees, and North access rate for the year in question. The the 2016 Target Composite Terminating American Numbering Plan carrier’s intrastate terminating end End Office Access Rate. This administration (NANPA) fees were office access rates may not exceed the clarification is consistent with price cap historically recovered, in part, through carrier’s interstate terminating end carrier options in 2014 and 2015 and interstate switched access rates. When

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the Commission adopted a cap on transition rules permit both price cap date to adjust price cap carriers’ eligible interstate switched access rate elements and rate-of-return carriers, under certain recovery in future years. This was in the USF/ICC Transformation Order, it conditions, to elect to implement a clearly an omission because the USF/ did not address how carriers should single per-minute rate element for ICC Transformation Order did not recover any increases in these regulatory Terminating End Office Access Service specify that it was treating carriers fees, or reflect any reductions in such that is no greater than the Target differently in this regard—thus, the fees in future years. In 2012, we Composite Terminating End Office silence in the price cap rules is best clarified that increases in these Access rate for the respective year. interpreted consistently with the regulatory fees that would have been Beginning on July 1, 2014, many carriers approach expressly adopted for rate-of- assigned to capped interstate switched will begin to assess rates for several return carriers. To correct this omission, access services could be recovered terminating end office rate elements, we amend the codified rules, as set forth through subscriber line charges (SLC) one of which will be a local switching in the Appendix, to make clear that and/or Eligible Recovery under certain charge assessed on all terminating price cap carriers will comply with the conditions. We have been asked minutes of use. Several carriers have same requirements as rate-of-return informally whether any regulatory fees informally asked whether, if they assess carriers with respect to ARC revenues. recovered pursuant to this methodology the single composite rate, which would We also take this opportunity to clarify in the 2012–13 tariff period are to be be assessed on all terminating end office that carriers should use revenues for trued-up in the calculation of 2014–15 traffic, they can tariff it as a terminating services provided in tariff year 2012–13, Eligible Recovery. Regulatory fees are switched access rate to avoid the collected through December 31, 2013, as based on projected amounts just as is expenses associated with revising their a cut-off for making their true-ups this going-forward, tariff-year demand for billing systems to create a new rate year. This will ensure that filings are rate elements in the calculation of a element. We believe that this approach consistent among carriers and will ease carrier’s Eligible Recovery. Given the implements the reforms adopted in the review, and the December 31 date gives projected nature of these items, similar USF/ICC Transformation Order in a carriers sufficient time to prepare their treatment in the true-up process is manner that would reduce filings. Carriers shall also use December warranted. We clarify that if a rate-of- implementation costs and burdens 31 as the cutoff date in future true-up return carrier included an amount for without any offsetting negative calculations. these fees in its Eligible Recovery concerns. We thus clarify that both price 19. NECA has asked whether, in calculation in any year, it should reflect cap and rate-of-return carriers may tariff making the true-up calculations, it the amounts of any true-ups for the the single composite rate as a could use the difference between referenced regulatory fees as increases terminating local switching access rate, projected revenues and realized in, or reductions to, Eligible Recovery consistent with the ICC transition, as revenues. The rules generally provide calculations on the same schedule that long as all other rate elements for this calculation to be made by ARCs are trued-up—i.e., two years associated with terminating end office multiplying the rate for the service in following their initial inclusion. access service are reduced to zero. If its question by projected demand less 16. Duplicative Recovery. Sections Target Composite Terminating End actual realized demand. Because 51.915(d)(2) and 51.917(d)(1)(vii) Office Access Rate is higher than the projected and realized revenues are prohibit price cap and rate-of-return terminating local switching rate such summations of the results of the carriers, respectively, from duplicative carrier tariffed the previous year that calculations (including rates and recovery. Specifically, the rules provide will not constitute an impermissible rate demand), the proposed methodology that if a carrier ‘‘recovers any costs or increase. should produce the same results as the revenues that are already being process provided for in the rules, as recovered as Eligible Recovery through 18. Revenue True-Ups. Carriers are required this year to begin making true- long as the carrier is charging the Access Recovery Charges or the Connect maximum allowed rate. We find that the America Fund from another source, that ups to certain revenue amounts proposed methodology will significantly carrier’s ability to recover reduced projected in 2012 to reflect differences simplify the process and therefore switched access revenue from Access between projected and actual demand. clarify that all carriers may use revenue Recovery Charges or the Connect To measure actual demand for purposes differences in making their true-up America Fund shall be reduced to the of making the true-up calculation, adjustments, as long as the carrier is extent it receives duplicative recovery.’’ carriers will need to establish a cutoff charging the maximum allowed rate. The rules do not, however, specify how date for finalizing the measured Eligible Recovery should be adjusted to demand. Sections 51.917(d)(1)(v) and IV. Procedural Matters reflect any duplicative recovery, and (vi) direct rate-of-return carriers who A. Paperwork Reduction Act carriers have informally inquired about receive ARC or other revenues after the how such adjustments should be made. period used to measure the adjustments 20. This document does not contain We address this omission by revising to reflect the differences between any new or modified information the rules as set forth in the Appendix to estimated and actual revenues, to treat collection requirements subject to the provide that any duplicative recovery such payments as actual revenue in the Paperwork Reduction Act of 1995 shall be reflected through reductions to year the payment is received, and to (PRA). Therefore, the Order does not the carrier’s Eligible Recovery in its reflect this as an additional adjustment contain any new or modified annual tariff supporting materials. This for that year. This requirement information collection burdens for small approach to addressing duplicative addresses the potential that carriers businesses with fewer than 25 recovery is appropriate because it is could affect the true-up calculation by employees, pursuant to the Small carrier-specific and narrowly tailored to shifting the timing of the collection of Business Paperwork Relief Act of 2002. result in necessary Eligible Recovery revenues absent a requirement that later B. Final Regulatory Flexibility Act reductions in specific years. collections will need to be recognized in 17. Single Per-Minute Rate Element subsequent filings. The codified price Certification for Terminating End Office Access cap rules are silent as to how to apply 21. The Regulatory Flexibility Act of Service. Beginning in 2014, the ICC ARC revenues received after the cutoff 1980, as amended (RFA), requires

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agencies to prepare a regulatory sections 51.907, 51.909, 51.915, and (iii) Beginning July 1, 2014, no Price flexibility analysis for rulemaking 51.917 are amended as set forth in the Cap Carrier’s interstate Composite proceedings, unless the agency certifies document, and such rule amendments Terminating End Office Access Rate that ‘‘the rule will not have a significant shall be effective 30 days after the date shall exceed its 2014 Target Composite economic impact on a substantial of publication of the rule amendments Terminating End Office Access Rate. A number of small entities.’’ The RFA in the Federal Register. price cap carrier shall determine generally defines ‘‘small entity’’ as 26. It is further ordered that the compliance by calculating interstate having the same meaning as the terms Commission shall send a copy of this Composite Terminating End Office ‘‘small business,’’ ‘‘small organization,’’ Order to Congress and the Government Access Rates using the relevant Fiscal and ‘‘small governmental jurisdiction.’’ Accountability Office pursuant to the Year 2011 interstate demand multiplied In addition, the term ‘‘small business’’ Congressional Review Act. by the respective interstate rates as of has the same meaning as the term 27. It is further ordered that the July 1, 2014, and then dividing the ‘‘small business concern’’ under the Commission’s Consumer and result by the relevant 2011 Fiscal Year Small Business Act. A small business Governmental Affairs Bureau, Reference interstate terminating local switching concern is one which: (1) Is Information Center, shall send a copy of demand. A price cap carrier’s intrastate independently owned and operated; (2) this Order, including the Final terminating end office access rates may is not dominant in its field of operation; Regulatory Flexibility Certification, to not exceed the comparable interstate and (3) satisfies any additional criteria the Chief Counsel for Advocacy of the terminating end office access rates. In established by the Small Business Small Business Administration. the alternative, any Price Cap Carrier Administration (SBA). may elect to implement a single per 22. We hereby certify that the rule Federal Communications Commission. minute rate element for both interstate revisions adopted in this Order will not Deena M. Shetler, and intrastate terminating End Office have a significant economic impact on Associate Bureau Chief, Wireline Competition Access Service no greater than the 2014 a substantial number of small entities. Bureau. Target Composite Terminating End This Order amends rules adopted in the Office Access Rate if its intrastate USF/ICC Transformation Order by Final Rules terminating end office access rates correcting conflicts between the new or For the reasons discussed in the would be at rate parity with its revised rules and existing rules, as well preamble, the Federal Communications interstate terminating end office access as addressing omissions or oversights. Commission amends 47 CFR part 51 as rates. These revisions do not create any follows: * * * * * burdens, benefits, or requirements that (e) * * * were not addressed by the Final PART 51—INTERCONNECTION (1) * * * Regulatory Flexibility Analysis attached (ii) Beginning July 1, 2015, no Price to the USF/ICC Transformation Order. ■ 1. The authority citation for part 51 continues to read as follows: Cap Carrier’s interstate Composite The Commission will send a copy of Terminating End Office Access Rate this Order, including a copy of this final Authority: Sections 1–5, 7, 201–05, 207– shall exceed its 2015 Target Composite certification, to the Chief Counsel for 09, 218, 220, 225–27, 251–54, 256, 271, Terminating End Office Access Rate. A 303(r), 332, 706 of the Telecommunication Advocacy of the SBA. In addition, the price cap carrier shall determine Order (or a summary thereof) and Act of 1996, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 151–55, 157, 201–05, 207–09, 218, compliance by calculating interstate certification will be published in the Composite Terminating End Office Federal Register. 220, 225–27, 251–54, 256, 271, 303(r), 332, 1302, 47 U.S.C. 157 note, unless otherwise Access Rates using the relevant Fiscal C. Congressional Review Act noted. Year 2011 interstate demand multiplied 23. The Commission will send a copy by the respective interstate rates as of Subpart J—Transitional Access July 1, 2015, and then dividing the of this Order to Congress and the Service Pricing Government Accountability Office result by the relevant 2011 Fiscal Year interstate terminating local switching pursuant to the Congressional Review ■ 2. Amend § 51.907 by revising demand. A price cap carrier’s intrastate Act. paragraphs (d)(2)(i) and (iii), (e)(1)(ii), terminating end office access rates may and (f) to read as follows: V. Ordering Clauses not exceed the comparable interstate 24. Accordingly, it is ordered, that § 51.907 Transition of price cap carrier terminating end office access rates. In pursuant to the authority contained in access charges. the alternative, any Price Cap Carrier sections 1, 2, 4(i), 201–203, 220, 251, * * * * * may elect to implement a single per 252, 254, 303(r) and 403 of the (d) * * * minute rate element for both interstate Communications Act of 1934, as (2) * * * and intrastate terminating End Office amended, 47 U.S.C. 151, 152, 154(i), (i) Each Price Cap Carrier shall Access Service no greater than the 2015 201–203, 220, 251, 252, 254, 303(r) and calculate the 2011 Baseline Composite Target Composite Terminating End 403, and pursuant to sections 0.91, Terminating End Office Access Rate. Office Access Rate if its intrastate 0.201(d), 0.291, 1.3, and 1.427 of the The 2011 Baseline Composite terminating end office access rates Commission’s rules, 47 CFR 0.91, Terminating End Office Access Rate would be at rate parity with its 0.201(d), 0.291, 1.3 and 1.427, and means the Composite Terminating End interstate terminating end office access pursuant to the delegation of authority Office Access Rate calculated using rates. in paragraph 1404 of 26 FCC Rcd 17663 Fiscal Year 2011 interstate demand * * * * * (2011), this Order is adopted, effective multiplied by the interstate End Office (f) Step 5. Beginning July 1, 2016, thirty (30) days after publication of the Access Service rates at the levels in notwithstanding any other provision of text or summary thereof in the Federal effect on December 29, 2011, and then the Commission’s rules, each Price Cap Register. dividing the result by 2011 Fiscal Year Carrier shall establish interstate 25. It is further ordered that part 51 interstate local switching demand. terminating End Office Access Service of the Commission’s rules, 47 CFR * * * * * rates such that its Composite

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Terminating End Office Access Service end office access rates may not exceed rates such that its interstate Composite rate does not exceed $0.0007 per the comparable interstate terminating Terminating End Office Access Service minute. A price cap carrier shall end office access rates. In the rate does not exceed $0.005 per minute. determine compliance by calculating alternative, any Rate-of-Return Carrier A rate-of-return carrier shall determine interstate Composite Terminating End may elect to implement a single per compliance by calculating interstate Office Access Rates using the relevant minute rate element for both interstate Composite Terminating End Office Fiscal Year 2011 interstate demand and intrastate terminating End Office Access Rates using the relevant multiplied by the respective interstate Access Service no greater than the 2014 projected interstate demand for the tariff rates as of July 1, 2016, and then Target Composite Terminating End period multiplied by the respective dividing the result by the relevant 2011 Office Access Rate if its intrastate interstate rates as of July 1, 2016, and Fiscal Year interstate terminating local terminating end office access rates then dividing by the projected interstate switching demand. A price cap carrier’s would be at rate parity with its terminating end office local switching intrastate terminating end office access interstate terminating end office access demand for the tariff period. A rate-of- rates may not exceed the comparable rates. return carrier’s intrastate terminating interstate terminating end office access * * * * * end office access rates may not exceed rates. In the alternative, any Price Cap (e) * * * the comparable interstate terminating Carrier may elect to implement a single (1) * * * end office access rates. In the per-minute rate element for both (i) Each Rate-of-Return Carrier shall alternative, any Rate-of-Return Carrier interstate and intrastate Terminating calculate its 2015 Target Composite may elect to implement a single per End Office Access Service no greater Terminating End Office Access Rate. minute rate element for both interstate than the 2016 Target Composite The 2015 Target Composite Terminating and intrastate terminating End Office Terminating End Office Access Rate if End Office Access Rate means $0.005 Access Service no greater than the 2016 its intrastate terminating end office per minute plus one-third of any Target Composite Terminating End access rates would be at rate parity with difference between the 2011 Baseline Office Access Rate if its intrastate its interstate terminating end office Composite Terminating End Office terminating end office access rates access rates. Nothing in this section Access Rate and $0.005 per minute. would be at rate parity with its obligates or allows a Price Cap Carrier (ii) Beginning July 1, 2015, no Rate-of- interstate terminating end office access that has intrastate rates lower than its Return Carrier’s interstate Composite rates. Nothing in this section obligates functionally equivalent interstate rates Terminating End Office Access Rate or allows a Rate-of-Return Carrier that to make any intrastate tariff filing or shall exceed its 2015 Target Composite has intrastate rates lower than its intrastate tariff revisions raising such Terminating End Office Access Rate. A functionally equivalent interstate rates rates. rate-of-return carrier shall determine to make any intrastate tariff filing or * * * * * compliance by calculating interstate intrastate tariff revisions raising such ■ 3. Amend 51.909 by revising Composite Terminating End Office rates. (g) * * * paragraphs (d)(3)(ii) and (iii), (e)(1)(i) Access Rates using the relevant (1) Each Rate-of-Return Carrier shall and (ii), (f), (g)(1) introductory text, projected interstate demand for the tariff establish interstate and intrastate rates (g)(1)(i) and (ii), (h)(1) introductory text, period multiplied by the respective for terminating End Office Access and (h)(1)(i) and (ii) to read as follows: interstate rates as of July 1, 2015, and Service using the following then dividing by the projected interstate § 51.909 Transition of rate-of-return carrier methodology: access charges. terminating end office local switching (i) Each Rate-of-Return Carrier shall demand for the tariff period. A rate-of- calculate its 2017 Target Composite * * * * * return carrier’s intrastate terminating (d) * * * Terminating End Office Access Rate. (3) * * * end office access rates may not exceed The 2017 Target Composite Terminating (ii) Each Rate-of-Return Carrier shall the comparable interstate terminating End Office Access Rate means $0.0007 calculate its 2014 Target Composite end office access rates. In the per minute plus two-thirds of any Terminating End Office Access Rate. alternative, any Rate-of-Return Carrier difference between that carrier’s 2016 The 2014 Target Composite Terminating may elect to implement a single per Target Composite Terminating End End Office Access Rate means $0.005 minute rate element for both interstate Office Access Rate and $0.0007 per per minute plus two-thirds of any and intrastate terminating End Office minute. difference between the 2011 Baseline Access Service no greater than the 2015 (ii) Beginning July 1, 2017, no Rate- Composite Terminating End Office Target Composite Terminating End of–Return Carrier’s interstate Composite Access Rate and $0.005 per minute. Office Access Rate if its intrastate Terminating End Office Access Rate (iii) Beginning July 1, 2014, no Rate- terminating end office access rates shall exceed its 2017 Target Composite of-Return Carrier’s interstate Composite would be at rate parity with its Terminating End Office Access Rate. A Terminating End Office Access Rate interstate terminating end office access rate-of-return carrier shall determine shall exceed its 2014 Target Composite rates. Nothing in this section obligates compliance by calculating interstate Terminating End Office Access Rate. A or allows a Rate-of–Return Carrier that Composite Terminating End Office rate-of-return carrier shall determine has intrastate rates lower than its Access Rates using the relevant compliance by calculating interstate functionally equivalent interstate rates projected interstate demand for the tariff Composite Terminating End Office to make any intrastate tariff filing or period multiplied by the respective Access Rates using the relevant intrastate tariff revisions raising such interstate rates as of July 1, 2017, and projected interstate demand for the tariff rates. then dividing by the projected interstate period multiplied by the respective * * * * * terminating end office local switching interstate rates as of July 1, 2014, and (f) Step 5. Beginning July 1, 2016, demand for the tariff period. A rate-of- then dividing by the projected interstate notwithstanding any other provision of return carrier’s intrastate terminating terminating end office local switching the Commission’s rules, each Rate-of- end office access rates may not exceed demand for the tariff period. A rate-of- Return Carrier shall establish interstate the comparable interstate terminating return carrier’s intrastate terminating terminating End Office Access Service end office access rates. In the

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alternative, any Rate-of-Return Carrier intrastate tariff revisions raising such intrastate end office switching minutes, may elect to implement a single per rates. and then multiply by the Price Cap minute rate element for both interstate * * * * * Carrier Traffic Demand Factor; and intrastate terminating End Office ■ 4. Amend § 51.915 by adding * * * * * Access Service no greater than the 2017 paragraph (b)(14) and revising (iv) * * * Target Composite Terminating End paragraphs (d)(1)(iii)(B) and (C), (B) The reduction in interstate Office Access Rate if its intrastate (d)(1)(iv)(B) and (C), (d)(1)(v)(B) and (C), switched access revenues equal to the terminating end office access rates (d)(1)(vi)(B), (d)(1)(vii)(B), and (d)(2) difference between the 2011 Baseline would be at rate parity with its and adding paragraph (d)(4) to read as Composite Terminating End Office interstate terminating end office access follows: Access Rate and the 2015 Target rates. Nothing in this section obligates Composite Terminating End Office or allows a Rate-of–Return Carrier that § 51.915 Recovery mechanism for price Access Rate determined pursuant to has intrastate rates lower than its cap carriers. § 51.907(e) using Fiscal Year 2011 functionally equivalent interstate rates * * * * * terminating interstate end office to make any intrastate tariff filing or (b) * * * switching minutes, and then multiply intrastate tariff revisions raising such (14) Intrastate 2014 Composite by the Price Cap Carrier Traffic Demand rates. Terminating End Office Access Rate. Factor; * * * * * The Intrastate 2014 Composite (C) If the carrier reduced its Intrastate (h) * * * Terminating End Office Access Rate as Terminating End Office Access Rate(s) (1) Each Rate-of-Return Carrier shall used in this section is determined by pursuant to § 51.907(e)(1), the reduction establish interstate and intrastate rates (i) If a separate terminating rate is not in intrastate switched access revenues for terminating End Office Access already generally available, developing equal to the difference between either Service using the following separate intrastate originating and the intrastate 2014 Composite methodology: terminating end office rates in Terminating End Office Access Rate and (i) Each Rate-of-Return Carrier shall accordance with § 51.907(d)(1) using the Composite Terminating End Office calculate its 2018 Target Composite end office access rates at their June 30, Access Rate based on the maximum Terminating End Office Access Rate. 2014, rate caps; terminating end office rates that could The 2018 Target Composite Terminating (ii) Multiplying the existing have been charged on July 1, 2015, or End Office Access Rate means $0.0007 terminating June 30, 2014, intrastate end the 2015 Target Composite Terminating per minute plus one-third of any office access rates, or the terminating End Office Access Rate, as applicable, difference between that carrier’s 2016 rates developed in paragraph (b)(14)(i) using Fiscal Year 2011 terminating Target Composite Terminating End of this section, by the relevant Fiscal intrastate end office switching minutes, Office Access Rate and $0.0007 per Year 2011 intrastate demand; and and then multiply by the Price Cap minute. (iii) Dividing the sum of the revenues Carrier Traffic Demand Factor; and (ii) Beginning July 1, 2018, no Rate-of- determined in paragraph (b)(14)(ii) of * * * * * Return Carrier’s interstate Composite this section by 2011 Fiscal Year (v) * * * Terminating End Office Access Rate intrastate terminating local switching (B) The reduction in interstate shall exceed its 2018 Target Composite minutes. switched access revenues equal to the Terminating End Office Access Rate. A * * * * * difference between the 2011 Baseline rate-of-return carrier shall determine (d) * * * Composite Terminating End Office compliance by calculating interstate (1) * * * Access Rate and $0.0007 determined Composite Terminating End Office (iii) * * * pursuant to § 51.907(f) using Fiscal Year Access Rates using the relevant (B) The reduction in interstate 2011 terminating interstate end office projected interstate demand for the tariff switched access revenues equal to the switching minutes, and then multiply period multiplied by the respective difference between the 2011 Baseline by the Price Cap Carrier Traffic Demand interstate rates as of July 1, 2018 and Composite Terminating End Office Factor; then dividing by the projected interstate Access Rate and the 2014 Target (C) If the carrier reduced its Intrastate terminating end office local switching Composite Terminating End Office Terminating End Office Access Rate(s) demand for the tariff period. A rate-of- Access Rate determined pursuant to pursuant to § 51.907(f), the reduction in return carrier’s intrastate terminating § 51.907(d) using Fiscal Year 2011 revenues equal to the difference end office access rates may not exceed terminating interstate end office between either the Intrastate 2014 the comparable interstate terminating switching minutes, and then multiply Composite Terminating End Office end office access rates. In the by the Price Cap Carrier Traffic Demand Access Rate and $0.0007 based on the alternative, any Rate-of-Return Carrier Factor; maximum terminating end office rates may elect to implement a single per (C) If the carrier reduced its 2014 that could have been charged on July 1, minute rate element for both interstate Intrastate Terminating End Office 2016, or the 2016 Target Composite and intrastate terminating End Office Access Rate(s) pursuant to Terminating End Office Access Rate, as Access Service no greater than the 2018 § 51.907(d)(2), the reduction in revenues applicable, using Fiscal Year 2011 interstate Target Composite Terminating equal to the difference between either terminating intrastate end office End Office Access Rate if its intrastate the Intrastate 2014 Composite minutes, and then multiply by the Price terminating end office access rates Terminating End Office Access Rate and Cap Carrier Traffic Demand Factor; would be at rate parity with its the Composite Terminating End Office * * * * * interstate terminating end office access Access Rate based on the maximum (vi) * * * rates. Nothing in this section obligates terminating end office rates that could (B) The reduction in interstate or allows a Rate-of–Return Carrier that have been charged on July 1, 2014, or switched access revenues equal to the has intrastate rates lower than its the 2014 Target Composite Terminating 2011 Baseline Composite Terminating functionally equivalent interstate rates End Office Access Rate, as applicable, End Office Access Rate using Fiscal to make any intrastate tariff filing or using Fiscal Year 2011 terminating Year 2011 terminating interstate end

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office switching minutes, and then recovery must annually certify as part of law enforcement actions to protect and multiply by the Price Cap Carrier Traffic its tariff filings to the Commission and conserve all endangered rhino species. Demand Factor; to the relevant state commission that the Therefore, for the reasons given in the * * * * * carrier is not seeking duplicative interim rule and in this document, we (vii) * * * recovery in the state jurisdiction for any are adopting the interim rule as a final (B) The reduction in interstate Eligible Recovery subject to the recovery rule without substantive change. switched access revenues equal to the mechanism. DATES: Effective May 20, 2014, we are 2011 Baseline Composite Terminating * * * * * adopting as a final rule the interim rule End Office Access Rate using Fiscal [FR Doc. 2014–11479 Filed 5–19–14; 8:45 am] published at 78 FR 55649 on September Year 2011 terminating interstate end BILLING CODE 6712–01–P 11, 2013. office switching minutes, and then multiply by the Price Cap Carrier Traffic FOR FURTHER INFORMATION CONTACT: Demand Factor; Janine Van Norman, Chief, Branch of DEPARTMENT OF THE INTERIOR Foreign Species, Endangered Species * * * * * Program, U.S. Fish and Wildlife Service, (2) If a Price Cap Carrier recovers any Fish and Wildlife Service 4401 North Fairfax Drive, Room 420, costs or revenues that are already being Arlington, VA 22203; telephone 703– recovered through Access Recovery 50 CFR Part 17 358–2171; facsimile 703–358–1735. If Charges or the Connect America Fund [Docket Number FWS–HQ–ES–2013–0055; you use a telecommunications device from another source, that carrier’s FXES111809F2070B6] for the deaf (TDD), call the Federal ability to recover reduced switched Information Relay Service (FIRS) at access revenue from Access Recovery RIN 1018–AY76 800–877–8339. Charges or the Connect America Fund Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: shall be reduced to the extent it receives and Plants; Listing the Southern White duplicative recovery. Any duplicative Rhino (Ceratotherium simum simum) Background recovery shall be reflected as a as Threatened reduction to a carrier’s Eligible Recovery In an interim rule we published in the calculated pursuant to § 51.915(d). AGENCY: Fish and Wildlife Service, Federal Register on September 11, 2013 * * * * * Interior. (78 FR 55649–55656, http:// www.regulations.gov Docket No. FWS– (4) If a Price Cap Carrier receives ACTION: Affirmation of interim rule as payment for Access Recovery Charges final rule. HQ–ES–2013–0055), we listed the after the period used to measure the southern white rhino (Ceratotherium adjustment to reflect the differences SUMMARY: We, the U.S. Fish and simum simum) (SWR) as threatened between estimated and actual revenues, Wildlife Service (Service), are adopting under the ‘‘similarity of appearance’’ it shall treat such payments as actual as a final rule an interim rule to list the provisions of the Endangered Species revenues in the year the payment is southern white rhino (Ceratotherium Act of 1973, as amended (Act), 16 U.S.C. received and shall reflect this as an simum simum) as threatened under the 1531 et seq. The effective date of the additional adjustment for that year. authority of section 4(e) of the listing was September 11, 2013. We amended subpart B of chapter I, title 50 * * * * * Endangered Species Act of 1973, as amended (Act), due to the similarity in of the Code of Federal Regulations at ■ 5. Amend § 51.917 by revising appearance with the endangered Javan § 17.11(h), by adding the southern white (d)(1)(iii)(D) and (d)(1)(vii) to read as (Rhinoceros sondaicus), Sumatran rhinoceros to the List of Endangered and follows: (Dicerorhinos sumatrensis), Indian Threatened Wildlife due to a similarity § 51.917 Revenue recovery for rate-of- (Rhinoceros unicornis), black (Diceros of appearance. Public comments on the return carriers. bicornis) and northern white rhino interim rule were received on or before * * * * * (Ceratotherium simum cottoni). The October 11, 2013. (d) * * * interim rule was necessary, as Comments (1) * * * differentiating between the horns and (iii) * * * other products made from the southern We received 32,139 comments from (D) An amount equal to True-up white rhino and the endangered Javan, both the public and nongovernmental Revenues for Access Recovery Charges Sumatran, Indian, black, and northern institutions; all but two commenters for the year beginning July 1, 2012 white rhino is difficult for law supported the interim rule. One multiplied by negative one. enforcement to determine without comment conditionally supported the * * * * * genetic testing, decreasing their ability interim rule; the other did not support (vii) If a Rate-of-Return Carrier to enforce and further the provisions the interim rule. A brief description of recovers any costs or revenues that are and policies of the Act. This similarity the two comments and our responses already being recovered as Eligible of appearance has resulted in the are provided below. Recovery through Access Recovery documented trade of listed rhinoceros Comment: Both commenters Charges or the Connect America Fund species, often under the guise of being expressed concern regarding the from another source, that carrier’s the unprotected southern white permitting requirements related to the ability to recover reduced switched rhinoceros, and this difficulty in legal take and importation of trophy access revenue from Access Recovery distinguishing between the rhino specimens. One of the commenters also Charges or the Connect America Fund species protected under the Act and the requested a special rule (under section shall be reduced to the extent it receives southern white rhino constitutes an 4(d) of the Act) that would waive the duplicative recovery. Any duplicative additional threat to all endangered ‘‘enhancement’’ requirement associated recovery shall be reflected as a rhinoceros species. The determination with the ESA importation permit for reduction to a carrier’s Eligible Recovery that the southern white rhino should be SWR that are listed as Appendix I under calculated pursuant to § 51.917(d). A treated as threatened due to similarity of the Convention on International Trade Rate-of-Return Carrier seeking revenue appearance will substantially facilitate in Endangered Species (CITES),

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including sport-hunted trophies delivery, receipt, carrying, transport, or CFR 46.210(i), which categorically imported from Namibia and Zimbabwe. shipment in interstate or foreign excludes ‘‘[p]olicies, directives, Response: The Service’s regulatory commerce in the course of a commercial regulations, and guidelines: that are of criteria for issuance of permits for any activity; or sell or offer for sale in an administrative, financial, legal, activity otherwise prohibited with a interstate or foreign commerce, the technical, or procedural nature.’’ In species designated as endangered or United States ensures that people under addition, the Service has determined threatened due to its similarity of the jurisdiction of the United States do that none of the extraordinary appearance are found at 50 CFR not contribute to the further decline of circumstances listed under the 17.52(b). Under these criteria, the species that meet the definition of Department’s regulations at 43 CFR Director shall consider, in addition to threatened or endangered under the Act. 46.215, in which a normally excluded the general permitting criteria found at Therefore, for the reasons given in the action may have a significant 50 CFR 13.21(b), whether the interim rule and in this document, we environmental effect, applies to this information submitted by the applicant are adopting the interim rule as a final final rule. identifying the species and the origin of rule without substantive change. the wildlife or plant in question appears However, we are taking this opportunity References Cited reliable and whether it adequately to correct a nonsubstantive omission in A complete list of all references cited identifies the wildlife or plant so as to the regulatory text. We are adding a in the interim rule is available on the distinguish it from any Endangered or number to the ‘‘When Listed’’ column of Internet at http://www.regulations.gov Threatened wildlife or plant. Therefore, the List of Endangered and Threatened or by contacting the person listed under ESA permits for importation of SWRs Wildlife to provide the public with the FOR FURTHER INFORMATION CONTACT. from populations listed under CITES Federal Register citation and date of Appendix I may be issued according to publication of the interim rule. Author the regulatory criteria mentioned above, Required Determinations The primary author of this rule is the and there is no requirement for the staff of the Branch of Foreign Species, Service to find that the otherwise Paperwork Reduction Act (44 U.S.C. Endangered Species Program, U.S. Fish prohibited activity involving these 3501, et seq.) and Wildlife Service, 4401 North Fairfax specimen of SWRs enhances the This rule does not contain any new Drive, Room 420, Arlington, VA 22203 survival or propagation of the species. collections of information that require (see FOR FURTHER INFORMATION CONTACT). Current requirements to import legally approval by the Office of Management obtained SWRs listed as CITES and Budget (OMB) under the Paperwork Authority Appendix I already require a CITES Reduction Act. This rule will not The authority for this action is the permit from the country of origin, as impose new recordkeeping or reporting Endangered Species Act of 1973, as well as CITES import permit issued by requirements on State or local amended (16 U.S.C. 1531 et seq.). the U.S. For SWRs exported from South governments, individuals, businesses, or Africa or Swaziland, which are organizations. We may not conduct or List of Subjects in 50 CFR Part 17 currently the only populations listed in sponsor, and you are not required to Endangered and threatened species, Appendix II of CITES, no ESA respond to, a collection of information Exports, Imports, Reporting and regulatory permit for importation is unless it displays a currently valid OMB recordkeeping requirements, required, provided that the specimen control number. Transportation. was legally exported from one of those two countries, the importation was not National Environmental Policy Act (42 Regulation Promulgation made in the course of a commercial U.S.C. 4321 et seq.) Accordingly, we are adopting as a activity, and other applicable The Service has analyzed this rule in final rule the interim rule that amended requirements under section 9(c)(2) of accordance with the National part 17, subchapter B of chapter I, title the Act are met; a CITES Appendix II Environmental Policy Act of 1969 50 of the Code of Federal Regulations permit from the country of export would (NEPA). The Council on Environmental and that was published at 78 FR 55649 still be required for these specimens. Quality’s (CEQ) regulations on September 11, 2013, with the More information regarding permitting implementing NEPA, at 40 CFR 1508.4, following changes: requirements can be found at http:// define a ‘‘categorical exclusion’’ as a www.fws.gov/ permits/ ImportExport/ category of actions which do not PART 17—[AMENDED] ImportExport.html. individually or cumulatively have a Comment: One of the commenters significant effect on the human ■ 1. The authority citation for part 17 questioned why the Service lists foreign environment and which have been continues to read as follows: species. found to have no such effect on the Response: The Act requires the human environment. CEQ’s regulations Authority: 16 U.S.C. 1361–1407; 1531– Service to list ‘‘species’’ as endangered further require Federal agencies to adopt 1544; 4201–4245; unless otherwise noted. if they are in danger of extinction, or NEPA procedures, including the ■ 2. Amend § 17.11(h) by revising the threatened if they are likely to become adoption of categorical exclusions for entry for ‘‘Rhinoceros, southern white’’ endangered in the foreseeable future, which neither an environmental under Mammals in the List of regardless of the country in which the assessment nor an environmental Endangered and Threatened Wildlife to species lives. By regulating import; impact statement is required (40 CFR read as follows: export; take within the U.S., the 1507.3). The Service has determined territorial sea of the U.S, or upon the that this rule is categorically excluded § 17.11 Endangered and threatened high seas; certain activities for species from further environmental analysis wildlife. taken in violation of the ESA’s under NEPA in accordance with the * * * * * prohibitions on take and import/export; Department’s NEPA regulations at 43 (h) * * *

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Species Vertebrate population where Critical Special Historic range endangered or Status When listed habitat rules Common name Scientific name threatened

MAMMALS

******* Rhinoceros, southern Ceratotherium Botswana, South Af- Entire ...... T(S/A) 832 N/A N/A white. simum simum. rica, Swaziland, Zambia, Zimbabwe.

*******

Dated: April 4, 2014. under the 2006 Consolidated Highly Mexico aggregated LCS quota for 2014 Daniel M. Ashe, Migratory Species (HMS) Fishery was 151.2 metric tons (mt) dressed Director, U.S. Fish and Wildlife Service. Management Plan (FMP), its weight (dw) (333,828 lb dw), and the [FR Doc. 2014–11537 Filed 5–19–14; 8:45 am] amendments, and its implementing Gulf of Mexico hammerhead shark BILLING CODE 4310–55–P regulations (50 CFR part 635) issued quota was 25.3 mt dw (55,722 lb dw). under authority of the Magnuson- Dealer reports recently received through Stevens Fishery Conservation and May 13, 2014, indicate that 124.0 mt dw DEPARTMENT OF COMMERCE Management Act (16 U.S.C. 1801 et or 82 percent of the available Gulf of seq.). Mexico aggregated LCS quota has been National Oceanic and Atmospheric Under 50 CFR 635.5(b)(1), dealers landed, and that 10.7 mt dw or 42 Administration must electronically submit reports on percent of the available Gulf of Mexico sharks that are first received from a hammerhead shark quota has been 50 CFR Part 635 vessel on a weekly basis through a landed. Based on these dealer reports, NMFS-approved electronic reporting NMFS estimates that the 80-percent [Docket No. 130402317–3966–02] system, received by NMFS no later than limit specified for a closure notice in the RIN 0648–XD281 midnight, local time, of the first regulations has been exceeded as of May Tuesday following the end of the 13, 2014. Accordingly, NMFS is closing Atlantic Highly Migratory Species; reporting week unless the dealer is both the commercial aggregated LCS Commercial Gulf of Mexico otherwise notified by NMFS. Under and hammerhead management groups Aggregated Large Coastal Shark and § 635.28(b)(2), when NMFS calculates in the Gulf of Mexico region as of 11:30 Gulf of Mexico Hammerhead Shark that the landings for any species and/or p.m. local time May 20, 2014. All other Management Groups management group of a linked group shark species or management groups have reached or are projected to reach AGENCY: National Marine Fisheries that are currently open will remain Service (NMFS), National Oceanic and 80 percent of the available quota, NMFS open, including the commercial Gulf of will file for publication with the Office Atmospheric Administration (NOAA), Mexico blacktip sharks. of the Federal Register a notice of At § 635.27(b)(1), the boundary Commerce. closure for all of the species and/or between the Gulf of Mexico region and ACTION: Temporary rule; closure. management groups in a linked group the Atlantic region is defined as a line SUMMARY: NMFS is closing the that will be effective no fewer than 5 beginning on the East Coast of Florida ° ′ commercial aggregated large coastal days from date of filing. From the at the mainland at 25 20.4 N. lat, sharks (LCS) and hammerhead sharks effective date and time of the closure proceeding due east. Any water and management groups in the Gulf of until and if NMFS announces, via a land to the south and west of that Mexico region. This action is necessary notice in the Federal Register, that boundary is considered for the purposes because the commercial landings of Gulf additional quota is available and the of monitoring and setting quotas, to be of Mexico aggregated LCS for the 2014 season is reopened, the fishery for all within the Gulf of Mexico region. fishing season have exceeded 80 percent linked species and/or management During the closure, retention of of the available commercial quota as of groups is closed, even across fishing aggregated LCS and hammerhead sharks May 13, 2014. years. in the Gulf of Mexico region is On July 3, 2013 (78 FR 40318), NMFS prohibited for persons fishing aboard DATES: The commercial Gulf of Mexico announced the final rule for vessels issued a commercial shark aggregated LCS and Gulf of Mexico Amendment 5a to the 2006 limited access permit under § 635.4. hammerhead shark management groups Consolidated HMS FMP, which, among However, persons aboard a are closed effective 11:30 p.m. local other things, established new quotas for commercially permitted vessel that is time May 20, 2014, until the end of the aggregated LCS and hammerhead sharks also properly permitted to operate as a 2014 fishing season on December 31, in the Gulf of Mexico region and linked charter vessel or headboat for HMS and 2014, or until and if NMFS announces the Gulf of Mexico aggregated LCS and is engaged in a for-hire trip could fish via a notice in the Federal Register that Gulf of Mexico hammerhead shark under the recreational retention limits additional quota is available and the management groups. As a result of the for sharks and ‘‘no sale’’ provisions season is reopened. quota linkage, when the quota for one (§ 635.22(a) and (c)). Similarly, persons FOR FURTHER INFORMATION CONTACT: management group is reached and is aboard a commercially permitted vessel Karyl Brewster-Geisz or Alexis Jackson closed, the other management group that possesses a valid shark research 301–427–8503; fax 301–713–1917. closes at the same time. On November permit under § 635.32 and has a NMFS- SUPPLEMENTARY INFORMATION: The 26, 2013 (78 FR 70500), NMFS approved observer onboard may Atlantic shark fisheries are managed announced that the commercial Gulf of continue to harvest and sell aggregated

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LCS and hammerhead sharks in the Gulf affected and fishermen ultimately could commercial quota that is apportioned of Mexico region pursuant to the terms experience reductions in the available among the coastal states from North and conditions of the shark research quota and a lack of fishing opportunities Carolina through Maine. The process to permit. in future seasons. For these reasons, the set the annual commercial quota and the During this closure, a shark dealer AA also finds good cause to waive the percent allocated to each state are issued a permit pursuant to § 635.4 may 30-day delay in effective date pursuant described in § 648.102. not purchase or receive aggregated LCS to 5 U.S.C. 553(d)(3). This action is The final rule implementing and/or hammerhead sharks in the Gulf required under § 635.28(b)(2) and is Amendment 5 to the Summer Flounder, of Mexico region from a vessel issued an exempt from review under Executive Scup, and Black Sea Bass Fishery Atlantic Shark Limited Access Permit Order 12866. Management Plan, which was published (LAP), except that a permitted shark Authority: 16 U.S.C. 1801 et seq. on December 17, 1993 (58 FR 65936), dealer or processor may possess Dated: May 15, 2014. provided a mechanism for summer aggregated LCS and/or hammerhead flounder quota to be transferred from Emily H. Menashes, sharks in the Gulf of Mexico region that one state to another. Two or more states, were harvested, off-loaded, and sold, Acting Director, Office of Sustainable under mutual agreement and with the Fisheries, National Marine Fisheries Service. traded, or bartered prior to the effective concurrence of the Administrator, date of the closure and were held in [FR Doc. 2014–11599 Filed 5–15–14; 4:15 pm] Greater Atlantic Region, NMFS storage consistent with § 635.28(b)(5). BILLING CODE 3510–22–P (Regional Administrator), can transfer or Additionally, a permitted shark dealer combine summer flounder commercial or processor may possess aggregated quota under § 648.102(c)(2). The DEPARTMENT OF COMMERCE LCS and/or hammerhead sharks in the Regional Administrator is required to Gulf of Mexico region that were consider the criteria in § 648.102(c)(2)(i) harvested by a vessel issued a valid National Oceanic and Atmospheric to evaluate requests for quota transfers shark research fishery permit per Administration or combinations. § 635.32 with a NMFS-approved observer onboard during the trip the 50 CFR Part 648 Virginia has agreed to transfer 2,634 lb (1,195 kg) of its 2014 commercial sharks were taken on as long as the LCS [Docket No. 121009528–2729–02] research fishery quota remains open. quota to New Jersey. This transfer was Similarly, a shark dealer issued a permit RIN 0648–XD268 prompted by summer flounder landings pursuant to § 635.4 may, in accordance of the F/V Golden Nugget, a Virginia Fisheries of the Northeastern United with relevant state regulations, purchase vessel that was granted safe harbor in States; Summer Flounder Fishery; or receive aggregated LCS and/or North Carolina due to a vessel fire at sea hammerhead sharks in the Gulf of Quota Transfer on March 6, 2014, thereby requiring a quota transfer to account for an increase Mexico region if the sharks were AGENCY: National Marine Fisheries in New Jersey’s landings that would harvested, off-loaded, and sold, traded, Service (NMFS), National Oceanic and have otherwise accrued against the or bartered from a vessel that fishes only Atmospheric Administration (NOAA), Virgina quota. The Regional in state waters and that has not been Commerce. issued an Atlantic Shark LAP, HMS Administrator has determined that the ACTION: Temporary rule; quota transfer. Angling permit, or HMS Charter/ criteria set forth in § 648.102(c)(2)(i) Headboat permit pursuant to § 635.4. SUMMARY: NMFS announces that the have been met. The revised summer flounder commercial quotas for calendar Classification Commonwealth of Virginia is transferring a portion of its 2014 year 2014 are: Virginia, 2,572,766 lb Pursuant to 5 U.S.C. 553(b)(B), the commercial summer flounder quota to (1,166,987 kg); and New Jersey Assistant Administrator for Fisheries, the State of New Jersey. NMFS is 1,912,290 lb (867,400 kg). NOAA (AA), finds that providing prior adjusting the quotas and announcing the Classification notice and public comment for this revised commercial quota for each state action is impracticable and contrary to involved. This action is taken under 50 CFR the public interest because the fishery is part 648 and is exempt from review DATES: Effective May 15, 2014, through currently underway and any delay in under Executive Order 12866. December 31, 2014. this action would result in overharvest Authority: 16 U.S.C. 1801 et seq. of the quota and be inconsistent with FOR FURTHER INFORMATION CONTACT: management requirements and Carly Bari, Fishery Management Dated: May 14, 2014. objectives. Similarly, affording prior Specialist, 978–281–9224. James P. Burgess, notice and opportunity for public SUPPLEMENTARY INFORMATION: Acting Director, Office of Sustainable comment on this action is contrary to Regulations governing the summer Fisheries, National Marine Fisheries Service. the public interest because if the quota flounder fishery are in 50 CFR part 648, [FR Doc. 2014–11646 Filed 5–15–14; 4:15 pm] is exceeded, the stock may be negatively and require annual specification of a BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 79, No. 97

Tuesday, May 20, 2014

This section of the FEDERAL REGISTER of Agriculture, 300 7th Street SW., 7th National Appeals Division of USDA at contains notices to the public of the proposed Floor, Washington, DC 20024. 7 CFR part 11 must be exhausted before issuance of rules and regulations. The All written comments will be bringing suit in court challenging action purpose of these notices is to give interested available for public inspection during taken under this proposed rule unless persons an opportunity to participate in the regular work hours at 300 7th Street those regulations specifically allow rule making prior to the adoption of the final SW., 7th Floor address listed above. rules. bringing suit at an earlier time. FOR FURTHER INFORMATION CONTACT: Unfunded Mandates Reform Act Migdaliz Bernier, Acting Chief, Loan DEPARTMENT OF AGRICULTURE Origination Branch, Single Family Title II of the Unfunded Mandates Housing Direct Loan Division, Rural Reform Act of 1995 (UMRA), 2 U.S.C. Rural Housing Service Housing Service, Stop 0783, 1400 1501 et seq., establishes requirements Independence Avenue SW., for Federal agencies to assess the effects 7 CFR Part 3550 Washington, DC 20250–0783, of their regulatory actions on State, Telephone: 202–690–3833. local, and tribal governments and the SUPPLEMENTARY INFORMATION: private sector. Under section 202 of the RIN 0575–AC97 UMRA, RHS generally must prepare a Statutory Authority Single Family Housing Direct Loan written statement, including a cost- Program Title V, Section 1480 of the Housing benefit analysis, for proposed and final Act authorizes the Secretary of rules with ‘‘Federal mandates’’ that may AGENCY: Rural Housing Service, USDA. Agriculture to promulgate rules and result in expenditures to State, local, or ACTION: Proposed rule regulations as deemed necessary to tribal governments, in the aggregate, or carry out the purpose of that title. to the private sector, of $100 million or SUMMARY: Through this action, the Rural more in any one year. When such a Housing Service (RHS or Agency) Executive Order 12866—Classification statement is needed for a rule, section proposes to amend its regulations for This proposed rule has been 205 of the UMRA generally requires the section 502 direct single family determined to be not significant and RHS to identify and consider a housing loan program by reinstating was not reviewed by the Office of reasonable number of regulatory language pertaining to payment Management and Budget (OMB) under alternatives and adopt the least costly, assistance method 1 that was Executive Order 12866. more cost-effective or least burdensome inadvertently changed or omitted when Paperwork Reduction Act of 1995 alternative that achieves the objectives the payment subsidy regulation was of the rule. revised on December 27, 2007. This In accordance with the Paperwork This proposed rule contains no action will make clear to the public that Reduction Act of 1995, the information Federal mandates (under the regulatory under this method, the amount of collection activities associated with this provisions of Title II of the UMRA) for subsidy granted is the difference rule are covered under OMB Number: State, local, and tribal Governments or between the installment due on the 0575–0172. This proposed rule contains the private sector. Therefore, this promissory note and the greater of the no new reporting or recordkeeping proposed rule is not subject to the payment amortized at the equivalent requirements that would require requirements of sections 202 and 205 of interest rate or the payment calculated approval under the Paperwork the UMRA. based on the required floor payment. Reduction Act of 1995 (44 U.S.C. Programs Affected DATES: Comments on this proposed rule Chapter 35). The program affected by this must be received by July 21, 2014 to be E-Government Act Compliance considered. proposed rule is listed in the Catalog of The RHS is committed to complying Federal Domestic Assistance as 10.410, ADDRESSES: You may submit comments with the E-Government Act, to promote Very Low to Moderate Income Housing to this proposed rule by any of the the use of the Internet and other Loans. following methods: information technologies to provide • Federal eRulemaking Portal: http:// increased opportunities for citizen Executive Order 12372— www.regulations.gov. Follow the access to Government information and Intergovernmental Review of Federal instructions for submitting comments. services, and for other purposes. Programs • Mail: Submit written comments via For the reasons set forth in the final Executive Order 12988—Civil Justice the U.S. Postal Service to the Branch rule published at 7 CFR part 3015, Reform Chief, Regulations and Paperwork subpart V, and the related notice (48 FR Management Branch, U.S. Department This proposed rule has been reviewed 29115), these programs are not subject of Agriculture, STOP 0742, 1400 under Executive Order 12988, Civil to Executive Order 12372, which Independence Avenue SW., Justice Reform. In accordance with that requires intergovernmental consultation Washington, DC 20250–0742. Executive Order: (1) All State and local with State and local officials. • Hand Delivery/Courier: Submit laws and regulations that are in conflict written comments via Federal Express with this proposed rule will be Environmental Impact Statement Mail or other courier service requiring a preempted; (2) No retroactive effect will This proposed rule has been reviewed street address to the Branch Chief, be given to this proposed rule; and (3) in accordance with 7 CFR part 1940, Regulations and Paperwork Administrative proceedings in subpart G, ‘‘Environmental Program.’’ It Management Branch, U.S. Department accordance with the regulations of the is the determination of RHS that this

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action does not constitute a major Federal Register on December 27, 2007 Dated: April 2, 2014. Federal action significantly affecting the (72 FR 73252) with an effective date of Tony Hernandez, quality of the human environment, and April 1, 2008, the language on Administrator, Rural Housing Service. in accordance with the National calculating payment assistance method [FR Doc. 2014–11607 Filed 5–19–14; 8:45 am] Environmental Policy Act of 1969, Pub. 1 in 7 CFR 3550.68(c)(2) was BILLING CODE 3410–XV–P L. 91–190, an Environmental Impact inadvertently modified. The language Statement is not required. was inadvertently changed from ‘‘The amount of payment assistance granted is Executive Order 13175, Consultation DEPARTMENT OF THE INTERIOR the difference between the installment and Coordination With Indian Tribal due on the promissory note and the Governments Office of Surface Mining Reclamation greater of the payment amortized at the and Enforcement This executive order imposes equivalent interest rate or the payment requirements on RHS in the calculated based on the required floor 30 CFR Part 925 development of regulatory policies that payment’’ to ‘‘The amount of payment have tribal implications or preempt assistance granted is the difference [SATS No. MO–042–FOR; Docket ID: OSM– tribal laws. RHS has determined that the 2014–0002; S1D1SSS08011000SX066A between the annualized note rate 00067F144S180110; S2D2SSS08011000 proposed rule does not have a installment as prescribed on the SX066A00033F14XS501520] substantial direct effect on one or more promissory note and the lesser of . . . Indian tribe(s) or on either the (i) The floor payment . . . or (ii) The Missouri Regulatory Program relationship or the distribution of annualized note rate installment and the powers and responsibilities between the payment at the equivalent interest AGENCY: Office of Surface Mining Federal Government and the Indian rate . . .’’ (emphasis added). In Reclamation and Enforcement, Interior. tribes. Thus, this proposed rule is not addition, the sentence stated ‘‘In ACTION: Proposed rule; public comment subject to the requirements of Executive leveraging situations, the equivalent period and opportunity for public Order 13175. interest rate will be used’’ was hearing on proposed amendment. Regulatory Flexibility Act inadvertently omitted. RHS proposes to SUMMARY: We, the Office of Surface correct these inadvertent changes. This rule has been reviewed with Mining Reclamation and Enforcement regard to the requirements of the List of Subjects in 7 CFR Part 3550 (OSMRE), are announcing receipt of a Regulatory Flexibility Act (5 U.S.C. proposed amendment to the Missouri 601–612). The undersigned has Administrative practice and regulatory program (Missouri program) determined and certified by signature of procedure, Conflict of interests, under the Surface Mining Control and this document that this rule will not Environmental impact statements, Equal Reclamation Act of 1977 (SMCRA or the have a significant economic impact on credit opportunity, Fair housing, Act). Missouri proposes revisions to its a substantial number of small entities. Accounting, Housing, Loan programs— coal Ownership and Control Rules. This rule corrects a requirement on Housing and community development, Missouri intends to revise its program to Agency borrowers. Information Low and moderate income housing, be no less effective than the Federal collection or regulatory requirements Manufactured homes, Reporting and regulations and to improve operational are not imposed on small entities under recordkeeping requirements, Rural efficiency. this proposed rule. areas, Subsidies. This document gives the times and locations that the Missouri program and Executive Order 13132—Federalism For the reasons stated in the preamble, chapter XXXV, Title 7 of the this proposed amendment to that The policies contained in this Code of Federal Regulations, is program are available for your proposed rule do not have any proposed to be amended as follows: inspection, the comment period during substantial direct effect on States, the which you may submit written relationship between the National PART 3550—DIRECT SINGLE FAMILY comments on the amendment, and the Government and the States, or on the HOUSING LOANS AND GRANTS procedures that we will follow for the distribution of power and public hearing, if one is requested. responsibilities among the various ■ 1. The authority citation for part 3550 DATES: We will accept written levels of government. Nor does this continues to read as follows: comments on this amendment until 4:00 proposed rule impose substantial direct p.m., c.d.t., June 19, 2014. If requested, Authority: 5 U.S.C. 301; 42 U.S.C. 1480. compliance costs on State and local we will hold a public hearing on the Governments. Therefore, consultation ■ 2. Revise § 3550.68(c)(2) introductory amendment on June 16, 2014. We will with the States is not required. text to read as follows: accept requests to speak at a hearing until 4:00 p.m., c.d.t. on June 4, 2014. Background § 3550.68 Payment Subsidies. ADDRESSES: You may submit comments, The Agency uses payment subsidies * * * * * identified by SATS No. MO–042–FOR, to enhance an applicant’s repayment (c) * * * by any of the following methods: ability for section 502 direct single • Mail/ Hand Delivery: Len Meier, family housing loans. RHS administers (2) Payment Assistance Method 1. The Division Chief, Alton Field Division, three types of payment subsidies: amount of payment assistance granted is Office of Surface Mining Reclamation interest credit, payment assistance the difference between the installment and Enforcement, 501 Belle Street, Suite method 1 and payment assistance due on the promissory note and the 216, Alton, IL 62002. method 2. The eligibility requirements greater of the payment amortized at the • Fax: (618) 463–6470 and calculation methods for payment equivalent interest rate or the payment • Federal eRulemaking Portal: http:// subsidies are located in 7 CFR 3550.68. calculated based on the required floor www.regulations.gov. Follow the When the final rule that introduced payment. In leveraging situations, the instructions for submitting comments. payment assistance method 2 at 7 CFR equivalent interest rate will be used. Instructions: All submissions received 3550.68(c)(1) was published in the * * * * * must include the agency name and

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docket number for this rulemaking. For comments, and conditions of approval, Adds ‘‘suspension’’ to the section title detailed instructions on submitting in the November 21, 1980, Federal of (11)(B), Rescission Procedures and comments and additional information Register (45 FR 77027). You can also throughout the section. Adds posting on the rulemaking process, see the find later actions concerning the requirements for the notice of proposed ‘‘Public Comment Procedures’’ heading Missouri program and program suspension and rescission. Changes the of the SUPPLEMENTARY INFORMATION amendments at 30 CFR 925.10, 925.12, time frame for the suspension notice section of this document. 925.15, and 925.16. from ‘‘not to exceed ninety (90) Docket: For access to the docket to days . . .’’ to ‘‘will provide sixty (60) II. Description of the Proposed review copies of the Missouri program, days notice . . .’’ Amendment this amendment, a listing of any 3. 10 CSR 40–6.100—Underground scheduled public hearings, and all By letter dated February 18, 2014 Mining Permit Applications—Minimum written comments received in response (Administrative Record No. MO–679), Requirements for Legal, Financial, to this document, you must go to the Missouri sent us an amendment to its Compliance, and Related Information. address listed below during normal program under SMCRA (30 U.S.C. 1201 Clarifies ‘‘owner’’ as persons that own, business hours, Monday through Friday, et seq.). Missouri submitted the of record, ten percent of applicant or excluding holidays. You may receive proposed amendment in response to a operator. Adds requirement to list the one free copy of the amendment by September 30, 2009, letter operator’s partners or principal contacting OSMRE’s Alton Field (Administrative Record No. MO–670A) shareholders. Division or the full text of the program that OSMRE sent to Missouri in accordance with 30 CFR 732.17(c) and B. For Definitions and General amendment is available for you to read Requirements: Chapters 8.030 and 8.040 at www.regulations.gov. Len Meier, to improve operational efficiency. Division Chief, Alton Field Division, Below is a summary of Missouri’s Missouri proposes to change terms, Office of Surface Mining Reclamation proposed changes. The full text of the add clarifying language, make grammar and Enforcement, 501 Belle Street, Suite program amendment is available for you changes, and correct reference errors. 216, Alton, IL 62002, Telephone: (618) to read at the locations listed above The items below list the affected rule 463–6460, Email: lmeier@ osmre.gov. under ADDRESSES or at sections and proposed changes. In addition, you may review a copy of www.regulations.gov. 1. 10 CSR 40–8.030—Permanent the amendment during regular business Missouri proposes to make changes to Program Inspection and Enforcement. hours at the following location: its Code of State Regulations at Title 10, Clarifies requirements under (6) Department of Natural Resources, Land Division 40 (10 CSR 40) in the following Enforcement of Cessation Orders by Reclamation Program, 1738 East Elm chapters: adding requirements in section (G) requiring the regulatory authority to Street, Jefferson City, Missouri 65101, A. For Permitting Requirements for Telephone: (573) 751–4041. notify any persons listed under 10 CSR Surface and Underground Coal Mining 40–6.070(12)(E) or 10 CSR 40– FOR FURTHER INFORMATION CONTACT: Len and Reclamation Operations and Coal Meier, Division Chief, Alton Field 6.030(1)(C) and (D), and 10 CSR 40– Exploration: Chapter 6.030, 6.070 and 6.100(1)(C) and (D) that the cessation Division, Office of Surface Mining 6.100 Reclamation and Enforcement, 501 Belle order was issued, and that the person Missouri proposes to change terms, Street, Suite 216, Alton, IL 62002. has been identified as an owner or add clarifying language, make grammar Telephone: (618) 463–6460. Email: controller of the operation. Adds changes, and correct reference errors. lmeier@ osmre.gov. subsection (H), Post-permit issuance The items below list the affected rule information requirements for SUPPLEMENTARY INFORMATION: sections and proposed changes. permittees. I. Background on the Missouri Program 1. 10 CSR 40–6.030—Surface Mining 2. 10 CSR 40–8.040—Penalty II. Description of the Proposed Amendment Permit Applications—Minimum Assessment. Increases the civil penalty III. Public Comment Procedures Requirements for Legal, Financial, under section (5) Assessment of IV. Procedural Determinations Compliance, and Related Information. Separate Violations for Each Day, Clarifies ‘‘owner’’ as persons that own, I. Background on the Missouri Program subsection (B) from not less than $750 of record, ten percent of applicant or to not less than $1025. Section 503(a) of the Act permits a operator. Adds requirement to list the State to assume primacy for the operator’s partners or principal III. Public Comment Procedures regulation of surface coal mining and shareholders. Adds ‘‘of the outside Under the provisions of 30 CFR reclamation operations on non-Federal right-of-way’’ to the one hundred feet 732.17(h), we are seeking your and non-Indian lands within its borders (100′) of a public road requirement in comments on whether the amendment by demonstrating that its program section (4)(C). satisfies the applicable program includes, among other things, ‘‘. . . 2. 10 CSR 40–6.070—Review, Public approval criteria of 30 CFR 732.15. If we State law which provides for the Participation and Approval of Permit approve the amendment, it will become regulation of surface coal mining and Applications and Permit Terms and part of the State program. reclamation operations in accordance Conditions. Adds ‘‘operator’’ throughout Written Comments: If you submit with the requirements of this Act . . .; the chapter as an additional requirement written or electronic comments on the and rules and regulations consistent with the term ‘‘applicant’’. Lists what proposed rule during the 30-day with regulations issued by the Secretary applications for proposed remining comment period, they should be pursuant to this Act.’’ See 30 U.S.C. operations must contain in new sections specific, should be confined to issues 1253(a)(1) and (7). On the basis of these (8)(M)1, 2, 3, and (N). pertinent to the notice, and should criteria, the Secretary of the Interior Adds verbiage when the regulatory explain the reason for your conditionally approved the Missouri authority will consider a provisionally recommendation(s). We may not be able program on November 21, 1980. You issued permit to be improvidently to consider or include in the can find background information on the issued, and under what conditions the Administrative Record comments Missouri program, including the permits will be suspended or rescinded delivered to an address other than the Secretary’s findings, the disposition of at section (11)(A)4. one listed above (see ADDRESSES).

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Electronic Comments: Please submit a meeting by contacting the person SUMMARY: OSM announces receipt of a Internet comments as an ASCII, listed under FOR FURTHER INFORMATION proposed amendment to the Ohio WordPerfect, or Word file avoiding the CONTACT. All such meetings are open to regulatory program under the Surface use of special characters and any form the public and, if possible, we will post Mining Control and Reclamation Act of of encryption. Please also include ‘‘Attn: notices of meetings at the locations 1977 (SMCRA or the Act). Ohio’s SATS NO. MO–042–FOR’’ and your listed under ADDRESSES. We will make proposed amendment is prompted by name and return address in your a written summary of each meeting a requirements within the Ohio statute Internet message. If you do not receive part of the administrative record. that all agencies must review their a confirmation that we have received administrative rules every five years. IV. Procedural Determinations your Internet message, contact the Alton Consistent with this requirement, the Field Division at (618) 463–6460. Executive Order 12866—Regulatory Ohio Reclamation Commission, (the We cannot ensure that comments Planning and Review Commission), proposes an amendment received after the close of the comment This rule is exempted from review by to its procedural rules in order to ensure period (see DATES) or sent to an address the Office of Management and Budget an orderly, efficient, and effective other than those listed (see ADDRESSES) (OMB) under Executive Order 12866. appeals process. By submittal of this will be included in the docket for this proposed amendment, Ohio intends to rulemaking and considered. Other Laws and Executive Orders revise its approved program pursuant to Affecting Rulemaking Public Availability of Comments the additional flexibility afforded by the When a State submits a program revised Federal regulations and SMCRA, Before including your address, phone as amended, to ensure Ohio’s proposed number, email address, or other amendment to OSMRE for review, our regulations at 30 CFR 732.17(h) require provisions are consistent with and in personal identifying information in your accordance with SMCRA and no less comment, you should be aware that us to publish a notice in the Federal Register indicating receipt of the effective than the corresponding Federal your entire comment including your regulations. This document provides the personal identifying information, may proposed amendment, its text or a summary of its terms, and an times and locations that the Ohio be made publicly available at any time. program and proposed amendment are While you can ask us in your comment opportunity for public comment. We conclude our review of the proposed available for public inspection, the to withhold your personal identifying comment period during which you may information from public review, we amendment after the close of the public comment period and determine whether submit written comments on this cannot guarantee that we will be able to amendment, and the procedures that we do so. the amendment should be approved, approved in part, or not approved. At will follow for the public hearing, if one Public Hearing that time, we will also make the is requested. If you wish to speak at the public determinations and certifications DATES: We will accept written hearing, contact the person listed under required by the various laws and comments on these amendments until FOR FURTHER INFORMATION CONTACT by executive orders governing the 4:00 p.m., Eastern Standard Time (EST) 4:00 p.m., c.d.t. on June 4, 2014. If you rulemaking process and include them in June 19, 2014. If requested, we will hold are disabled and need reasonable the final rule. a public hearing on the amendment on June 16, 2014. We will accept requests accommodations to attend a public List of Subjects in 30 CFR Part 925 hearing, contact the person listed under to speak at a hearing until 4:00 p.m., FOR FURTHER INFORMATION CONTACT. We Intergovernmental relations, Surface EST on June 4, 2014. will arrange the location and time of the mining, Underground mining. ADDRESSES: You may submit comments, hearing with those persons requesting Dated: April 2, 2014. identified by SATS No. OH–255–FOR the hearing. If no one requests an Ervin J. Barchenger, by any of the following methods: • opportunity to speak, we will not hold Regional Director, Mid-Continent Region. Mail/Hand Delivery: Mr. Ben Owens, Chief, Pittsburgh Field Division, a hearing. [FR Doc. 2014–11656 Filed 5–19–14; 8:45 am] To assist the transcriber and ensure an OSM, 3 Parkway Center, 3rd Floor, BILLING CODE 4310–05–P accurate record, we request, if possible, Pittsburgh, Pennsylvania 15220. that each person who speaks at the • Fax: (412) 937–2888. • public hearing provide us with a written DEPARTMENT OF THE INTERIOR Federal eRulemaking Portal: The copy of his or her comments. The public amendment has been assigned Docket hearing will continue on the specified Office of Surface Mining Reclamation ID OSM–2013–0012. If you would like date until everyone scheduled to speak and Enforcement to submit comments, go to http:// has been given an opportunity to be www.regulations.gov and follow the heard. If you are in the audience and 30 CFR Part 935 instructions. have not been scheduled to speak and Instructions: All submissions received wish to do so, you will be allowed to [OH–255–FOR; Docket ID OSM–2013–012; must include the agency name and speak after those who have been S1D1SSS08011000SX066A00067 docket number for this rulemaking. For scheduled. We will end the hearing after F144S180110; S2D2SSS08011 detailed instructions on submitting everyone scheduled to speak and others 000SX066A00033F14XS501520] comments and additional information on the rulemaking process, see the present in the audience who wish to Ohio Regulatory Program speak, have been heard. Public Comment Procedures heading of the SUPPLEMENTARY INFORMATION section Public Meeting AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), of this document. If only one person requests an Interior. Docket: For access to the docket to opportunity to speak, we may hold a review copies of the Ohio regulations, ACTION: Proposed rule; public comment public meeting rather than a public this amendment, a listing of any period and opportunity for public hearing. If you wish to meet with us to scheduled public hearings, and all hearing. discuss the amendment, please request written comments received in response

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to this document, you must go to the II. Description and Submission of the any intervenors, and any other persons address listed below during normal Proposed Amendment who have notified the Commission of an business hours, Monday through Friday, The Commission is an adjudicatory interest in a pending appeal and have excluding holidays. You may receive board established pursuant to Ohio requested to be notified of hearings in one free copy of the amendments by Revised Code (ORC) section 1513.05. said pending appeal. The definition of contacting OSM’s Pittsburgh Field The function of the Commission is to ‘‘intervenor’’ is proposed to be modified Division Office; or you can view the full provide an administrative appeal to any to remove the word ‘‘one’’ and replace text of the program amendment person claiming to be aggrieved or it with the term, ‘‘any person.’’ The available for you to read at adversely affected by a decision of the definition of ‘‘person’’ is modified to www.regulations.gov. Ohio Department of Natural Resources, encompass limited liability company. Within the definition of ‘‘regular Chief of the Division of Mineral In addition, you may review a copy of business hours’’ it is proposed that the Resources Management (DMRM), the amendment during regular business terms ‘‘chairman’’ and ‘‘vice-chairman’’ relating to mining and reclamation hours at the following locations: be replaced by ‘‘chairperson’’ and ‘‘vice- issues. Following an adjudicatory chairperson,’’ respectively. The Ben Owens, Chief, Pittsburgh Field hearing, the Commission affirms, remaining modifications are Division, OSM, 4605 Morse Road, vacates, or modifies the DMRM Chief’s renumbering to facilitate the addition of Room 102, Columbus, OH 43230, decision. The Commission is comprised new terms. Telephone: (614) 416–2238, Email: of eight members appointed by the [email protected]. Governor of Ohio. Four Commission 1513–3–02 Internal Regulations Lanny E. Erdos, Chief, Division of members constitute a quorum and seven Section (B) Quorum, was modified to Mineral Resources Management, Ohio members must be present for any clarify the conditions for satisfying Department of Natural Resources, appeal. Members represent a variety of quorum. Additionally, the proposed 2045 Morse Road, Building H–2, interests relevant to mining and rule clarifies the procedure in the event Columbus, OH 43229–6693, reclamation issues. The Commission concurrence is not reached. The full text Telephone: (614) 265–6893, Email: adopts rules to govern its procedures. of the section is available for your [email protected], Fax: These rules are found at Ohio review within the docket. (614) 265–7999. Administrative Code (OAC) sections Furthermore, the proposed rule 1513–3–01 through 1513–3–22. As clarifies that in the event a Commission FOR FURTHER INFORMATION CONTACT: Ben discussed above, all Ohio agencies must member considered as part of the Owens, Chief, Pittsburgh Field Division; review applicable administrative rules quorum misses any part of the Telephone: (614) 416–2238. Email: every five years pursuant to ORC section proceeding, they must review the record [email protected]. 119.032. Therefore, the Commission prior to participating in the rendering of SUPPLEMENTARY INFORMATION: conducted a review of its procedural a decision. It is proposed that audio- I. Background on the Ohio Program rules in 2013. During this review, the electronic hearings before the II. Description and Submission of the Commission recommended several Commission constitute the official Proposed Amendment modifications to its rules, most of which record of the hearing. However, it is III. Public Comment Procedures are viewed as non-substantive. The proposed that other methods of creating IV. Procedural Determinations Commission intended these the official record are permitted upon modifications to ensure an orderly, the Commission’s discretion, joint I. Background on the Ohio Program efficient, and effective appeal process. motion of the parties or by motion of a The proposed changes are the subject of party and subsequent approval by the Section 503(a) of SMCRA permits a this proposed amendment and are state to assume primacy for the Commission. Additionally it is clarified discussed herein in the order as they are that the issuance and service of regulation of surface coal mining and found in the proposed, modified OAC. reclamation operations on non-Federal subpoenas must comply with the Ohio and non-Indian lands within its borders 1513–3–01 Definitions Rules of Civil Procedure, and as by demonstrating that its program applicable section 119.094 of the ORC, Changes are proposed to clarify including the fee paid to witnesses includes, among other things, ‘‘a State existing definitions and to provide law which provides for the regulation of outside the county in which a hearing additional definitions. Specifically, the shall be held. surface coal mining and reclamation definition of ‘‘appellant’’ is clarified to operations in accordance with the explicitly state actions of the Chief are 1513–3–03 Appearance and Practice requirements of this SMCRA ...; and the subject of appeal before the Before the Commission rules and regulations consistent with Commission. The definition of ‘‘final The proposed rule clarifies that any regulations issued by the Secretary order’’ clarifies that the resolution of party may appear on their own behalf or pursuant to this SMCRA.’’ See 30 U.S.C. matters presented on appeal will be in may be represented by an attorney at 1253(a)(1) and (7). On the basis of these writing and consistent with section law admitted to practice according to criteria, the Secretary of the Interior 1513–3–19 of the OAC. The definition Ohio law. This includes the admittance conditionally approved the Ohio of ‘‘full party’’ is added. It is proposed of attorneys pro hac vice. program effective August 16, 1982. You that this definition will define ‘‘full can find background information on the party’’ to include the appellant, the 1513–3–04 Appeals to the Reclamation Ohio program, including the Secretary’s appellee, and any intervenor Commission findings, the disposition of comments, participating in an appeal as defined by While the majority of the proposed and the conditions of approval of the the OAC at section 1513–3–07, entitled changes to this section are clerical and Ohio program in the August 16, 1982, ‘‘Intervention.’’ Additionally, the term, non-substantive, the proposed rule Federal Register (41 FR 34688). You can ‘‘interested persons in an appeal clarifies that email addresses, if also find later actions concerning Ohio’s pending before the Commission’’ is available, should be included in the program and program amendments at 30 added. The new term is proposed to be notice of appeal. Additionally, as CFR 935.11, 935.12, 935.15, and 935.16. defined as the appellant, the appellee, proposed, appellants shall comply with

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the requirements of section 1513.02 of of an evidentiary hearing on the merits where a site view is conducted on the ORC, pertaining to the power and of an appeal, unless waived by the property subject to a mining and duties of the Chief of DMRM, and shall Commission for extraordinary cause. reclamation permit, parties shall be include and forward the amount of the Additionally, it is proposed that a informed prior to the site view of any penalty for placement in a penalty fund. provision be added to allow the filing of necessary personal protective The proposed rule also adds a section of amicus briefs and oral argument at equipment, including hard hat, safety what may be included in the appeal. hearing by amicus curiae upon leave by, glasses, hearing protection, safety-toed Appellants may, but are not required to, and at the discretion of, the shoes or boots and additional identify the area to which the notice, Commission. equipment as may be required on mine order or decision relates; state whether property as determined by the mine or not the Commission is requested to 1513–3–08 Temporary Relief operator. Additionally, the Commission view the site; and state whether or not Proposed changes to this section are reserves the right to limit the number of the appellant waives the right to have non-substantive and primarily propose persons who participate in the site view. the hearing within the time frames language to make references gender Additionally, it is proposed to alter the established in section 1513.13(B) of the neutral. rule so that a hearing related to a ORC. cessation of mining or a motion for 1513–3–10 Discovery temporary relief is held in proximity to 1513–3–05 Filing and Service of The proposed rule alters the current the subject area of the hearing for the Papers discovery rules by clarifying parties to convenience of the Commission and the This section of the proposed rule an appeal may obtain discovery in parties. All other proceedings will clarifies that the filing of a notice of accordance with the provisions of rules continue to be held in Columbus, Ohio appeal must conform to section 1513.13 26 through 36 of the Ohio Rules of Civil or at any convenient public location of the ORC, Appeal to the Commission. Procedure. Additionally, the rule selected by the Commission. The proposed rule alters the definition explains that all parties, including of when a notice of appeal is deemed intervenors, are subject to discovery and 1513–3–15 Consolidation of filed. It is proposed that a notice of discovery from non-parties must be Proceedings appeal will be deemed filed when done through subpoena. It is proposed It is proposed that the Commission be received or if the notice of appeal is sent that if a party fails to obey an order to given the right to administer by certified mail, registered mail, or compel or permit discovery issued by consolidated appeals in the manner it express mail, it shall be deemed filed on the Commission, the Commission may deems most appropriate. the date of the postmark date placed make such orders in regard to the failure 1513–3–16 Conduct of Evidentiary upon the sender’s receipt by the postal as it deems just. Hearings service. However, documents requesting temporary relief are proposed to only be 1513–3–11 Motions The proposed rule applies to any deemed filed when received by the It is proposed that section (B) be person participating in an appeal before Commission. Additionally, it is removed. Currently, this section allows the Commission and definitively states proposed that all filings other than a a party to make a written motion that the Commission shall determine the notice of appeal or a request for requesting that a hearing be conducted conduct of the hearing and the order of temporary relief, that are not sent to the before the full Commission, rather than the presentation of evidence. Commission by certified mail, registered before a hearing officer for the Additionally, it further clarifies that the mail, or express mail shall be deemed Commission. However, this election is Commission is not bound by the formal filed with the Commission on the day preserved and will be enumerated in rules of evidence as promulgated by the on which the filings are received and section 1513–3–18, Reports and Ohio Supreme Court. The proposed rule those that are sent by such means, shall recommendations of the hearing officer. also establishes a procedure for in be deemed filed on the postmark date It is also proposed that objections to camera inspection of documents placed upon the sender’s receipt by the jurisdiction are non-waivable and may claimed to contain proprietary business postal service. It is further proposed that be raised at any point in an appeal, information or trade secrets. following initiation of an appeal, the consistent with the Ohio Rules of Civil Additionally, the proposed rule Commission may, through order, Procedure. specifically details the number of copies of proposed exhibits a party must make establish a filing and service protocol, 1513–3–12 Pre-Hearing Procedures which may include the electronic available. In regard to written testimony, transmission of documents. The proposed rule would allow the it is proposed that affidavits may be Commission or its hearing officer, at its admitted only if the evidence is 1513–3–06 Computation and own initiative or at the request of any otherwise admissible and all full parties Extension of Time party, to schedule and hold pre-hearing agree that affidavits may be used in lieu The majority of the proposed changes conferences regarding issues on appeal. of oral testimony. This proposed to this section are non-substantive and alteration is limiting as it adds the 1513–3–14 Site Views and Location of consist of renumbering for clarity. adjective ‘‘full,’’ thus excluding certain Hearings However, it is proposed that section parties. It is also proposed that parties (C)(1), be altered to definitely read that The proposed rule specifies the wishing to use affidavits in lieu of oral the Commission may not lengthen or locations of Commission hearings. It testimony serve all full parties with a reduce the time period allowed for any also establishes the circumstances in copy of the affidavit at least 15 days response or filing a request for which the Commission will conduct site prior to a hearing. It is clarified that in temporary relief. views of mining operations, reclamation the event a declarant is unavailable, operations, or other relevant features. As testimony may be offered in compliance 1513–3–07 Intervention proposed, the rule also explicitly states with Rule 804 of the Ohio Rules of The proposed rule would require a that the Commission shall control and Evidence. As proposed, objections to petition for leave to intervene to be filed direct the manner of conducting a site deposition testimony shall be resolved at least ten days prior to the beginning view. Specifically, it is proposed that in accordance with Rule 32 of the Ohio

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Rules of Civil Procedure. Further, it is detailed information regarding the court of common pleas in the county proposed that in instances when a party procedures that will be followed if where the operation addressed by the is attempting to use written testimony, errors are found in Commission decision of the Commission is located or any full party shall present the decisions. Specifically, it is proposed in the Franklin County Court of Commission a schedule of objections to that during the time period after a final Common pleas. Additionally, the the written testimony prior to the decision has been issued by the proposed rules provides the commencement of the hearing. This is a Commission, clerical mistakes in the Commission with the authority to change to the current rule that allows final decision and errors therein from control the transcription and objection at the hearing following oversight or omission may be corrected transmission of the record to the receipt of the testimony into evidence. before an appeal of the Commission’s appropriate appellate court. In regard to the presentation of final decision is filed. Thereafter, while witnesses, it is proposed that the an appeal is pending before an appellant III. Public Comment Procedures Commission may require that a witness court, a final decision may be so Under the provisions of 30 CFR be called only once during a hearing corrected with leave of the court. As 732.17(h), OSM is seeking your and that the parties conduct all proposed, the correction of a clerical comments on whether Ohio’s proposed examinations at the time when the mistake or error in a final decision does amendment satisfies the applicable witness is called to testify. It is not extend the time for filing a notice of program approval criteria of 30 CFR proposed that an Ohio notary be given appeal in the appellate court. 732.15. If OSM approves the authority to administer oaths and amendment, it will become part of 1513–3–20 Costs affirmations to witnesses. Further, it is Ohio’s program. proposed that the Commission be given It is proposed that this section be Electronic or Written Comments authority to require the parties to submit rescinded. As it currently exists, this written closing arguments, post-hearing section allowed the Commission to If you submit written comments, they briefs or proposed findings of fact and assess costs against a party to an appeal. should be specific, confined to issues conclusions of law. The Commission does not assess such pertinent to the proposed regulations, costs, and the rule has not been used by and explain the reason for any 1513–3–17 Voluntary Dismissal and the Commission. Moreover, there are no recommended change(s). OSM Settlement filing fees associated with Commission appreciates any and all comments, but It is proposed that the adjective ‘‘full’’ appeals. those most useful and likely to be added to section (B), relative to 1513–3–21 Award of Costs and influence decisions on the final agreement to settle. Therefore, this is Expenses regulations will be those that either limiting as not all parties may be involve personal experience or include required to reach an agreement to settle. As proposed, this rule clarifies the citations to and analyses of SMCRA, its It is also proposed that if an appeal is previous version of this rule approved legislative history, its implementing settled during the course of a hearing, by OSM in 2004. The intent is to make regulations, case law, other pertinent the parties shall enter into the record a it clearer that the Commission is only State or Federal laws or regulations, statement acknowledging that they have authorized to directly hear petitions for technical literature, or other relevant reached an agreement that all issues costs, including attorneys’ fees, and publications. have been resolved, and that a expenses where petitions are filed by OSM cannot ensure that comments withdrawal of the appeal will be filed. the DMRM and allege bad faith or received after the close of the comment harassment by another party. As period (see DATES) or sent to an address 1513–3–18 Reports and proposed, such petitions must conform other than those listed (see ADDRESSES) Recommendations of the Hearing to the ORC. Petitions by the DMRM will be included in the docket for this Officer must include an affidavit detailing all rulemaking and considered. It is proposed that section 1513–3– costs and expenses, receipts, and when 11(B) be replaced here. This section attorneys’ fees are requested, evidence Public Availability of Comments allows a party to make a written motion that the hours expended and the fees Before including your address, phone requesting that a hearing be conducted requested are reasonable for the appeal number, email address, or other before the full Commission, rather than and for the locality. Decisions relevant personal identifying information in your before a hearing officer for the to award of costs and expenses are comment, you should be aware that Commission. Additionally, it is appealable pursuant to the OAC and your entire comment including your proposed that in the event a decision ORC. personal identifying information may be before a hearing officer must be made publicly available at any time. 1513–3–22 Appeals from Commission rendered within a specified time period, While you can ask OSM in your Decisions the appeal will be heard by the comment to withhold your personal Commission rather than by a hearing As proposed, this rule clarifies that identifying information from public officer, unless there has been a waiver parties to actions involving coal mining review, we cannot guarantee that we of the right to an expedited hearing. and reclamation raised under section will be able to do so. 1513 of the ORC may seek review of a 1513–3–19 Decisions of the Commission decision in the court of Public Hearing Commission appeals for the county, in which the If you wish to speak at the public This proposed rule clarifies the activity addressed by the decision of the hearing, contact the person listed under procedures the Commission will follow Commission occurred, is occurring or FOR FURTHER INFORMATION CONTACT by in issuing its decisions. Additionally, as will occur. Moreover, as proposed, this 4:00 p.m., EST, on June 4, 2014. If you proposed, the rule allows the remission, rule clarifies that parties to actions are disabled and need reasonable within thirty days after issuing a final involving industrial minerals mining accommodations to attend a public decision, of pre-paid civil penalties, and reclamation and brought under hearing, contact the person listed under where penalties are under appeal. The section 1514 of the ORC may seek FOR FURTHER INFORMATION CONTACT. proposed rule also provides more review of a Commission decision in the OSM will arrange the location and time

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of the hearing with those persons Dated: February 10, 2014. OSM 2013–11) with your written requesting the hearing. If no one Thomas D. Shope, comments. requests an opportunity to speak, OSM Regional Director, Appalachian Region. Instructions: All submissions received will not hold a hearing. [FR Doc. 2014–11661 Filed 5–19–14; 8:45 am] must include the agency Docket ID OSM To assist the transcriber and ensure an BILLING CODE 4310–05–P 2013–11 for this rulemaking. For accurate record, OSM requests, if detailed instructions on submitting possible, that each person who speaks at comments and additional information the public hearing provide us with a DEPARTMENT OF THE INTERIOR on the rulemaking process, see the written copy of his or her comments. ‘‘Public Comment Procedures’’ heading The public hearing will continue on the Office of Surface Mining Reclamation in the SUPPLEMENTARY INFORMATION specified date until everyone scheduled and Enforcement section of this document. You may also to speak has been given an opportunity request to speak at a public hearing by to be heard. If you are in the audience 30 CFR Part 948 any of the methods listed above or by and have not been scheduled to speak contacting the individual listed under [WV–122–FOR; Docket ID OSM–2013–0011; and wish to do so, you will be allowed FOR FURTHER INFORMATION CONTACT. to speak after those who have been S1D1SSS08011000SX066A00067F144S1 scheduled. OSM will end the hearing 80110; S2D2SSS08011000SX066A0003 Docket: The proposed rule and any after everyone scheduled to speak and 3F14XS501520] comments that are submitted may be others present in the audience who wish viewed over the internet at http:// West Virginia Regulatory Program to speak, have been heard. www.regulations.gov. Look for Docket ID OSM–2013–11. In addition, you may AGENCY: Public Meeting Office of Surface Mining review copies of the West Virginia Reclamation and Enforcement (OSM), program, this amendment, a listing of If only one person requests an Interior. opportunity to speak, we may hold a any scheduled public hearings, and all ACTION: public meeting rather than a public Proposed rule; public comment written comments received in response hearing. If you wish to meet with OSM period and opportunity for public to this document at the addresses listed to discuss the amendment, please hearing on proposed amendment. below during normal business hours, Monday through Friday, excluding request a meeting by contacting the SUMMARY: We are announcing receipt of holidays. You may also receive one free person listed under FOR FURTHER a proposed amendment to the West copy of this amendment by contacting INFORMATION CONTACT. All such meetings Virginia regulatory program (the West OSM’s Charleston Field Office listed are open to the public; if possible, we Virginia program) under the Surface below. will post notices of meetings at the Mining Control and Reclamation Act of locations listed under ADDRESSES. We 1977 (SMCRA or the Act). West Virginia Mr. Roger W. Calhoun, Director, will make a written summary of each is submitting a proposed amendment to Charleston Field Office, Office of meeting a part of the administrative revise its Surface Coal Mining and Surface Mining Reclamation and record. Reclamation Act to conform the State’s Enforcement, 1027 Virginia Street East, IV. Procedural Determinations requirements for informal conferences Charleston, West Virginia 25301, and decisions on surface mining permit Telephone: (304) 347–7158. Email: Executive Order 12866—Regulatory applications with parallel provisions of [email protected]. Planning and Review Federal law, and to provide tax West Virginia Department of This rule is exempted from review by incentives for mine operators who Environmental Protection, 601 57th the Office of Management and Budget reclaim bond forfeiture sites. Street SE., Charleston, WV 25304, (OMB) under Executive Order 12866. DATES: We will accept written Telephone: (304) 926–0490. Other Laws and Executive Orders comments on this amendment until 4 In addition, you may review a copy of Affecting Rulemaking p.m. E.S.T., on June 19, 2014. If the amendment during regular business hours at the following locations: When a State submits a program requested, we will hold a public hearing Office of Surface Mining Reclamation amendment to OSM for review, on the amendment on June 16, 2014. We and Enforcement, Morgantown Area regulations at 30 CFR 732.17(h) require will accept requests to speak at a Office, 604 Cheat Road, Suite 150, OSM to publish a notice in the Federal hearing until 4 p.m. E.S.T., on June 4, Morgantown, West Virginia 26508, Register indicating receipt of the 2014. Telephone: (304) 291–4004. (By proposed amendment, its text or a ADDRESSES: You may submit comments, Appointment Only) summary of its terms, and an identified by WV–122–FOR; Docket ID opportunity for public comment. OSM OSM 2013–11, by any of the following Office of Surface Mining Reclamation concludes review of the proposed methods: and Enforcement, Beckley Area Office, amendment after the close of the public • Federal eRulemaking Portal: The 313 Harper Park Drive, Suite 3, Beckley, comment period and determine whether proposed rule has been assigned Docket West Virginia 25801, Telephone: (304) the amendment should be approved, ID OSM–2013–11. If you would like to 255–5265. approved in part, or not approved. At submit comments though the Federal FOR FURTHER INFORMATION CONTACT: Mr. that time, OSM will also make the eRulemaking Portal, go to http:// Roger W. Calhoun, Director, Charleston determinations and certifications www.regulations.gov and follow the Field Office, Telephone: (304) 347– required by the various laws and instructions for submitting comments. 7158. Email: [email protected]. executive orders governing the • Mail/Hand Delivery: Mr. Roger W. Calhoun, Director, Charleston Field SUPPLEMENTARY INFORMATION: rulemaking process and include them in I. Background on the West Virginia Program the final rule. Office, Office of Surface Mining II. Description and Submission of the Reclamation and Enforcement, 1027 List of Subjects in 30 CFR Part 935 Proposed Amendment Virginia Street East, Charleston, West III. Description of OSM’s Proposed Action Intergovernmental relations, Surface Virginia 25301. Please include the rule IV. Public Comment Procedures mining, Underground mining. identifier (WV–122–FOR; Docket ID V. Procedural Determinations

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I. Background on the West Virginia effective under State law on July 10, WVDEP intends these revisions to Program 2013. provide tax incentives to mine operators who reclaim bond forfeiture sites. The III. Description of OSM’s Proposed Section 503(a) of the Act permits a proposed revisions are intended to Action State to assume primacy for the conform to the requirements of 30 CFR regulation of surface coal mining and 1. WVSCMRA 22–3–11(g) and (h) 800.50 and sections 509 and 519 of reclamation operations on non-Federal SMCRA. and non-Indian lands within its borders In accordance with Committee by demonstrating that its program Substitute for House Bill 2352, the State 2. WVSCMRA 22–3–20 includes, among other things, ‘‘. . . a proposes to add new language to In accordance with Senate Bill 462, State law which provides for the subsections (g) and (h) of the the State proposes to revise language regulation of surface coal mining and WVSCMRA providing mine operators extending the time to hold informal reclamation operations in accordance with tax incentives to reclaim bond conferences on surface mining permit with the requirements of the Act . . .; forfeiture sites within the State. applications. Revised subsection 20(b) and rules and regulations consistent Subparagraph (g)(2)(A) provides that a of the WVSCMRA provides when an with regulations issued by the Secretary tax credit shall be granted against the informal conference will be held on a pursuant to the Act.’’ See 30 U.S.C. tax imposed by subsection (i) of this surface mining permit application. The 1253(a)(1) and (7). On the basis of these section to any mine operator who State currently requires that informal criteria, the Secretary of the Interior performs reclamation or remediation at conferences be held within three weeks conditionally approved the West a bond forfeiture site which otherwise after the public comment period closes. Virginia program on January 21, 1981. would have been reclaimed using funds Under the proposed amendment, the You can find background information from the Special Reclamation Fund or Secretary must hold the informal on the West Virginia program, including Special Reclamation Water Trust Fund. conference on the surface mining permit the Secretary’s findings, the disposition Subparagraph (2)(B) provides that the application within a reasonable time of comments, and conditions of amount of the reclamation tax credit after the close of the public comment approval of the West Virginia program granted shall be equal to the amount period. in the January 21, 1981, Federal that the Tax Commissioner determines WVDEP acknowledges that its Register (46 FR 5915). You can also find based on the project costs, as shown in proposed revisions allow the State’s later actions concerning West Virginia’s the records of the Secretary, that would requirements to conform more closely to program and program amendments at 30 have been spent from the Special the parallel Federal requirements. The CFR 948.10, 948.12, 948.13, 948.15, and Reclamation Fund or Special proposed revisions are intended to 948.16. Reclamation Water Trust Fund to conform to the Federal provisions at 30 CFR 773.6(c) and 773.7 and sections 513 II. Description and Submission of the accomplish the reclamation or and 514 of SMCRA. Proposed Amendment remediation performed by the mine operator, including expenditures for 3. WVSCMRA 22–3–21 The West Virginia Department of water treatment. Subparagraph (2)(C) In accordance with Senate Bill 462, Environmental Protection (WVDEP) is provides that to claim the credit, the the State proposes to revise language submitting a proposed amendment to mine operator must file with the Tax extending the time in which the revise the West Virginia Surface Coal Commissioner a written application Secretary must issue or deny a permit Mining and Reclamation Act seeking the amount of the credit earned. application. Amended subsection 21(a) (WVSCMRA), West Virginia Code Within 30 days of receipt of the of the WVSCMRA provides when the 22–3–1 through 33. application, the Tax Commissioner will Secretary must issue a decision on a Committee Substitute for House Bill issue a certification of the amount of tax permit application. Currently, if an 2352 amends West Virginia Code credit to be allocated to the eligible informal conference is held, the section 22–3–11 to provide tax taxpayer. If the amount of the credit is Secretary must issue a decision granting incentives for mine operators who less than the amount applied for, the or denying a permit, in whole or in part, reclaim bond forfeiture sites. Committee Tax Commissioner must set forth in within thirty days of the informal Substitute for House Bill 2352 was writing the reasons for the difference. If conference. Under the proposed adopted by the West Virginia no certification is issued within the 30- revision, the time in which the Legislature on April 13, 2013, and day period, the application will be Secretary must issue or deny a surface approved by the Governor on April 29, deemed certified. Any decision of the mining permit is extended from 30 days 2013. These changes became effective Tax Commissioner is appealable to 60 days. pursuant to the ‘‘West Virginia Tax under State law on July 12, 2013. WVDEP acknowledges that the Procedure and Administration Act’’ as Senate Bill 462 amends West Virginia proposed revisions allow the State’s set forth in Chapter 11, Article 10 of the Code sections 22–3–20 and 21 to requirements to conform more closely to West Virginia Code. Applications for conform the State’s requirements for the parallel Federal requirements. The certification of the proposed tax credit informal conferences and decisions on proposed revisions are intended to must contain the information and be in surface mining permit applications with conform to the Federal provisions at 30 the detail and form as required by the parallel provisions of Federal law. CFR 773.6(c) and 773.7 and sections 513 Tax Commissioner. Senate Bill 462 also contains non- and 514 of SMCRA. substantive changes, such as ‘‘division’’ New subsection (h) is added and to ‘‘department,’’ ‘‘with’’ to ‘‘pursuant includes language for the Tax III. Public Comment Procedures to’’ and ‘‘director’’ to ‘‘Secretary’’ Commissioner to promulgate rules for Under the provisions of 30 CFR throughout sections 20 and 21. Senate legislative approval to carry out the 732.17(h), we are seeking your Bill 462 was passed by the West purposes of this section. The remaining comments on whether these Virginia Legislature on April 11, 2013, subsections (i) through (o) have been re- amendments satisfy the applicable and signed into law by the Governor on lettered to conform to the proposed program approval criteria of 30 CFR April 29, 2013. These changes became changes. 732.15. If we approve these revisions,

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they will become part of the West has been given an opportunity to be DEPARTMENT OF THE INTERIOR Virginia program. heard. If you are in the audience and Office of Surface Mining Reclamation Written Comments have not been scheduled to speak and wish to do so, you will be allowed to and Enforcement Send your written or electronic speak after those who have been comments to OSM at the address given scheduled. We will end the hearing after 30 CFR Part 948 above. Your written comments should everyone scheduled to speak and others [WV–121–FOR; Docket ID OSM–2013–0010; be specific, pertain only to the issues present in the audience who wish to S1D1SSS08011000 proposed in this rulemaking, and speak, have been heard. SX066A00067F144S180110; S2D2SSS08011 include explanations in support of your 000SX066A00033F14XS501520] recommendations. We may not consider Public Meeting or respond to your comments when West Virginia Regulatory Program developing the final rule if they are If only one person requests an AGENCY: received after the close of the comment opportunity to speak, we may hold a Office of Surface Mining Reclamation and Enforcement (OSM), period (see DATES). We will make every public meeting rather than a public Interior. attempt to log all comments into the hearing. If you wish to meet with us to administrative record, but comments discuss the amendment, please request ACTION: Proposed rule; public comment delivered to an address other than the a meeting by contacting the person period and opportunity for public Charleston Field Office may not be listed under FOR FURTHER INFORMATION hearing on proposed amendment. logged in. CONTACT. All such meetings will be SUMMARY: We are announcing receipt of Electronic Comments open to the public and, if possible, we a proposed amendment to the West will post notices of meetings at the Virginia regulatory program (the West Please submit Internet comments as locations listed under ADDRESSES. We Virginia program) under the Surface an Email or Word file avoiding the use will make a written summary of each Mining Control and Reclamation Act of of special characters and any form of meeting a part of the Administrative 1977 (SMCRA or the Act). West Virginia encryption. Please also include Attn: Record. is submitting a proposed amendment to SATS NO. WV–122–FOR; Docket ID revise its West Virginia Surface Coal OSM–2013–11 and your name and IV. Procedural Determinations Mining and Reclamation Act return address in your Internet message. (WVSCMRA). If you do not receive a confirmation that Other Laws and Executive Orders Senate Bill 497 creates a new section we have received your Internet message, Affecting Rulemaking in the West Virginia Code, designated as contact the Charleston Field Office at When a State submits a program section 22–3–33, relating to the award of (304) 347–7158. amendment to OSM for review, our attorney fees and costs by the Surface Availability of Comments regulations at 30 CFR 732.17(h) require Mine Board and courts in appeals from Before including your address, phone us to publish a notice in the Federal actions taken by the West Virginia number, email address, or other Register indicating receipt of the Department of Environmental Protection personal identifying information in your proposed amendment, its text or a (WVDEP) under the approved State comment, you should be aware that summary of its terms, and an surface mining program. your entire comment—including your opportunity for public comment. We DATES: We will accept written personal identifying information—may conclude our review of the proposed comments on this amendment until 4:00 be made publicly available at any time. amendment after the close of the public p.m. (EST), on June 19, 2014. If While you can ask us in your comment comment period and determine whether requested, we will hold a public hearing to withhold your personal identifying the amendment should be approved, on the amendment on June 16, 2014. We information from public review, we approved in part, or not approved. At will accept requests to speak at a cannot guarantee that we will be able to that time, we will also make the hearing until 4:00 p.m. (EST), on June do so. determinations and certifications 4, 2014. ADDRESSES: You may submit comments, Public Hearing required by the various laws and executive orders governing the identified by ‘‘WV–121–FOR; Docket ID If you wish to speak at the public rulemaking process and include them in OSM–2013–0010’’ by any of the hearing, contact the person listed under the final rule. following methods: FOR FURTHER INFORMATION CONTACT by 4 • Federal eRulemaking Portal: The p.m. E.S.T., on June 4, 2014. If you are List of Subjects in 30 CFR Part 948 proposed rule has been assigned Docket disabled and need reasonable ID OSM–2013–0010. If you would like accommodations to attend a public Intergovernmental relations, Surface to submit comments though the Federal hearing, contact the person listed under mining, Underground mining. eRulemaking Portal, go to http:// FOR FURTHER INFORMATION CONTACT. We Dated: March 27, 2014. www.regulations.gov and follow the will arrange the location and time of the Thomas D. Shope, instructions for submitting comments. hearing with those persons requesting • Mail/Hand Delivery: Mr. Roger W. the hearing. If no one requests an Regional Director, Appalachian Region. Calhoun, Director, Charleston Field opportunity to speak, we will not hold [FR Doc. 2014–11670 Filed 5–19–14; 8:45 am] Office, Office of Surface Mining a hearing. BILLING CODE 4310–05–P Reclamation and Enforcement, 1027 To assist the transcriber and ensure an Virginia Street, East, Charleston, West accurate record, we request, if possible, Virginia 25301. Please include the rule that each person who speaks at the identifier (WV–121–FOR; Docket ID public hearing provide us with a written OSM–2013–0010) with your written copy of his or her comments. The public comments. hearing will continue on the specified Instructions: All submissions received date until everyone scheduled to speak must include the agency Docket ID

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OSM–2013–0010 for this rulemaking. and reclamation operations on non- III. Description of OSM’s Proposed For detailed instructions on submitting Federal and non-Indian lands within its Action comments and additional information borders by demonstrating that its The purpose of these changes is to on the rulemaking process, see the program includes, among other things, provide authorization to the State Public Comment Procedures heading in ‘‘. . . a State law which provides for the Surface Mine Board or any reviewing the SUPPLEMENTARY INFORMATION section regulation of surface coal mining and State court to award attorney fees and of this document. You may also request reclamation operations in accordance costs in administrative proceedings to speak at a public hearing by any of with the requirements of the Act; . . . arising under WVSCMRA. The proposed the methods listed above or by [and] rules and regulations consistent State revisions are intended to conform contacting the individual listed under with regulations issued by the Secretary to the Federal requirements at 30 CFR FOR FURTHER INFORMATION CONTACT. pursuant to the Act.’’ See 30 U.S.C. 840.15, 43 CFR 4.1290–1296 and section Docket: The proposed rule and any 1253(a)(1) and (7). On the basis of these 525(e) of SMCRA. The full text of the comments that are submitted may be amendment is available for your review viewed over the internet at http:// criteria, the Secretary of the Interior (the Secretary) conditionally approved the in the docket or online at www.regulations.gov. Look for Docket www.regulations.gov. ID OSM–2013–0010. In addition, you West Virginia program on January 21, may review copies of the West Virginia 1981. You can find background IV. Public Comment Procedures program, this amendment, a listing of information on the West Virginia Pursuant to 30 CFR 732.17(h), we are any scheduled public hearings, and all program, including the Secretary’s seeking your comments on whether written comments received in response findings, the disposition of comments, these amendments satisfy the applicable to this document at the addresses listed and conditions of approval of the West program approval criteria within 30 CFR below during normal business hours, Virginia program in the January 21, 732.15. If approved, these revisions will Monday through Friday, excluding 1981, Federal Register (46 FR 5915). become part of the West Virginia holidays. You may also receive one free You can also find later actions program. copy of this amendment by contacting concerning West Virginia’s program and Written Comments OSM’s Charleston Field Office listed program amendments at 30 CFR 948.10, below. 948.12, 948.13, 948.15, and 948.16. Send your written or electronic Mr. Roger W. Calhoun, Director, comments to OSM at the address given Charleston Field Office, Office of II. Description and Submission of the above. Your written comments should Surface Mining Reclamation and Proposed Amendment be specific, pertain only to the issues Enforcement, 1027 Virginia Street, East, proposed in this rulemaking, and West Virginia is submitting a Charleston, West Virginia 25301, include explanations in support of your proposed amendment to revise Telephone: (304) 347–7158. Email: recommendations. We may not consider WVSCMRA. [email protected]. or respond to your comments when West Virginia Department of Senate Bill 497 creates a new section developing the final rule if they are Environmental Protection, 601 57th in the West Virginia Code, designated as received after the close of the comment Street, SE., Charleston, WV 25304, section 22–3–33, relating to the award of period (see DATES). We will make every Telephone: (304) 926–0490. attorney fees and costs by the Surface attempt to log all comments into the In addition, you may review a copy of Mine Board and courts in appeals from administrative record, but comments the amendment during regular business actions taken by the WVDEP under the delivered to an address other than the hours at the following locations: approved State surface mining program. Charleston Field Office may not be Office of Surface Mining Reclamation Senate Bill 497 was adopted by the West logged in. and Enforcement, Morgantown Area Virginia Legislature on March 10, 2012, Electronic Comments Office, 604 Cheat Road, Suite 150, and signed by the Governor on March Morgantown, West Virginia 26508, Please submit Internet comments as 30, 2012. These changes became an Email or Word file avoiding the use Telephone: (304) 291–4004 (By effective under State law on June 8, Appointment Only). of special characters and any form of 2012. Office of Surface Mining Reclamation encryption. Please also include ‘‘Attn: and Enforcement, Beckley Area Office, This action is being taken due to the SATS NO. WV–121–FOR; Docket ID 313 Harper Park Drive, Suite 3, Beckley, apparent deletion of State statutory OSM–2013–0010’’ and your name and West Virginia 25801, Telephone: (304) provisions from the approved State return address in your Internet message. 255–5265. program which provided that any If you do not receive a confirmation that FOR FURTHER INFORMATION CONTACT: Mr. person involved in any administrative we received your Internet message, Roger W. Calhoun, Director, Charleston or judicial proceeding is entitled to contact the Charleston Field Office at Field Office, Telephone: (304) 347– reimbursement of all costs and (304) 347–7158. 7158. Email: [email protected]. expenses, including attorney fees, Availability of Comments SUPPLEMENTARY INFORMATION: incurred by his participation in Before including your address, phone I. Background on the West Virginia Program proceedings as determined by the Surface Mine Board or State court. number, email address, or other II. Description and Submission of the personal identifying information in your Proposed Amendment The WVDEP requests that we approve comment, you should be aware that III. Description of OSM’s Proposed Action the changes in the approved State IV. Public Comment Procedures your entire comment—including your V. Procedural Determinations program made by Senate Bill 497. In personal identifying information—may addition, the WVDEP requests that we be made publicly available at any time. I. Background on the West Virginia approve the deletion of former appeal While you can ask us in your comment Program provisions at West Virginia Code to withhold your personal identifying Section 503(a) of the Act provides a sections 22–4–2 and 22–4–3 regarding information from public review, we State with the authority to assume the Reclamation Board of Review from cannot guarantee that we will be able to primacy to regulate surface coal mining the approved State program. do so.

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Public Hearing rulemaking process and include them in FOR FURTHER INFORMATION CONTACT: For the final rule. comments or questions on procedural If you wish to speak at the public issues, contact Armand Southall, hearing, contact the person listed under List of Subjects in 30 CFR Part 948 Regulatory Specialist, email FOR FURTHER INFORMATION CONTACT by Intergovernmental relations, Surface [email protected]. For 4:00 p.m. (EST), on June 4, 2014. If you Mining, Underground mining. questions on technical issues, contact are disabled and need reasonable Geary Keeton, Office of Enforcement accommodations to attend a public Dated: March 28, 2014. and Appeals, ONRR, telephone (303) hearing, contact the person listed under Thomas D. Shope, 231–3096. FOR FURTHER INFORMATION CONTACT. We Regional Director, Appalachian Region. will arrange the location and time of the [FR Doc. 2014–11678 Filed 5–19–14; 8:45 am] SUPPLEMENTARY INFORMATION: hearing with those persons requesting BILLING CODE 4310–05–P I. Background the hearing. If no one requests an ONRR is proposing to amend its civil opportunity to speak, we will not hold penalty regulations. On May 13, 1999, a hearing. DEPARTMENT OF THE INTERIOR the Department of the Interior To assist the transcriber and ensure an Office of Natural Resources Revenue (Department) published a final rule (64 accurate record, we request, if possible, FR 26240) in the Federal Register (FR) that each person who speaks at the 30 CFR Part 1241 governing Minerals Management public hearing provide us with a written Service (MMS) Minerals Revenue copy of his or her comments. The public [Docket No. ONRR–2012–0005; DS63610300 Management (MRM) issuance of notices DR2PS0000.CH7000 134D0102R2] hearing will continue on the specified of noncompliance and civil penalties. date until everyone scheduled to speak RIN 1012–AA05 On May 19, 2010, the Secretary of the has been given an opportunity to be Interior (Secretary) reassigned MMS’s heard. If you are in the audience and Amendments to Civil Penalty responsibilities to three separate have not been scheduled to speak and Regulations organizations. As part of this wish to do so, you will be allowed to reorganization, the Secretary renamed speak after those who have been AGENCY: Office of the Secretary, Office of Natural Resources Revenue, Interior. MMS’s MRM to ONRR and directed that scheduled. We will end the hearing after it report to the Assistant Secretary of ACTION: Proposed rule. everyone scheduled to speak and others Policy, Management and Budget (PMB). present in the audience who wish to SUMMARY: This rule would amend the This change required the reorganization speak, have been heard. Office of Natural Resources Revenue of title 30 of the Code of Federal Public Meeting civil penalty regulations to: apply the Regulations (30 CFR). In response, regulations to all mineral leases, ONRR published a direct final rule on If only one person requests an including solid mineral and geothermal October 4, 2010 (75 FR 61051), to opportunity to speak, we may hold a leases, and agreements for offshore establish a new chapter XII in 30 CFR; public meeting rather than a public energy development; adjust civil to remove certain regulations from hearing. If you wish to meet with us to penalty amounts for inflation; clarify Chapter II; and to recodify these discuss the amendment, please request and simplify the existing regulations for regulations in the new Chapter XII. a meeting by contacting the person issuing notices of noncompliance and Therefore, all references to ONRR in this FOR FURTHER INFORMATION listed under civil penalties; and provide notice that proposed rule include its predecessor CONTACT. All such meetings will be we will post matrices for civil penalty MRM, and all references to 30 CFR part open to the public and, if possible, we assessments on our Web site. 1241 in this proposed rule include will post notices of meetings at the DATES: You must submit comments on former 30 CFR part 241. locations listed under ADDRESSES. We will make a written summary of each or before July 21, 2014. II. Explanation of Proposed meeting a part of the Administrative ADDRESSES: You may submit comments Amendments to ONRR on this proposed rulemaking Record. ONRR proposes to amend 30 CFR part by any of the following methods. (Please 1241, subpart B and add new subparts V. Procedural Determinations reference the Regulation Identifier A and C relating to general provisions Number (RIN) 1012–AA05 in your Other Laws and Executive Orders and penalties for Federal and Indian oil comments.). See also Public Availability Affecting Rulemaking and gas leases. ONRR is amending its of Comments under Procedural Matters. regulations to clarify ambiguities, When a State submits a program • Electronically go to simplify the processes for issuing amendment to OSM for review, our www.regulations.gov. In the entry titled notices of noncompliance and civil regulations at 30 CFR 732.17(h) require ‘‘Enter Keyword or ID,’’ enter ‘‘ONRR– penalties and for contesting notices of us to publish a notice in the Federal 2012–0005,’’ and then click ‘‘Search.’’ noncompliance and civil penalties, and Register indicating receipt of the Follow the instructions to submit public rewrite the regulations in Plain proposed amendment, its text or a comments. ONRR will post all Language. summary of its terms, and an comments. opportunity for public comment. We • Mail comments to Armand III. Section-By-Section Analysis of 30 conclude our review of the proposed Southall, Regulatory Specialist, ONRR, CFR Part 1241—Penalties amendment after the close of the public P.O. Box 25165, MS 61030A, Denver, comment period and determine whether Colorado 80225. Subpart A—General Provisions the amendment should be approved, • Hand-carry comments, or use an Before reading the additional approved in part, or not approved. At overnight courier service to the Office of explanatory information below, please that time, we will also make the Natural Resources Revenue, Building turn to the proposed rule language that determinations and certifications 85, Room A–614, Denver Federal immediately follows the List of Subjects required by the various laws and Center, West 6th Ave. and Kipling St., in 30 CFR part 1241 and signature page executive orders governing the Denver, Colorado 80225. in this proposed rule. DOI will codify

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this language in the CFR, if we finalize the proposed rule language for the list establish a robust enforcement system the proposed rule as written. of terms and definitions not discussed and to ensure the integrity of the royalty After you have read this proposed in this preamble. accounting system. 30 U.S.C. 1701 and rule, please return to the preamble Under this proposed rule, we may 1711. discussion below. The preamble issue either an NONC or an ILCP, Because gross negligence is the lowest contains additional information about depending upon the type of violation(s) standard ONRR would have to prove to this proposed rule, such as why we we discover and whether it is knowing establish that a company acted defined a term in a certain manner and or willful. An NONC would mean a ‘‘knowingly or willfully,’’ the proposed why we chose a certain interpretation. Notice of Noncompliance that states the definition encompasses situations in violation(s) and how to correct the which a corporation or individual in a Purpose (Section 1241.1) violations to avoid civil penalties. If you corporation acts with actual knowledge, We propose to add a new § 1241.1 fail to correct the violations we identify as well as situations in which the explaining that this part applies to in an NONC within the time period corporation acts with deliberate recipients of Notices of Noncompliance specified in the NONC, we may assess indifference or reckless disregard. It (NONC), Failure to Correct Civil Penalty civil penalties by issuing an FCCP. does not require specific intent. It is notices (FCCP), and Immediate Liability As we discuss further below, if a intended to penalize companies whose Civil Penalties (ILCP). This section also violation is knowing or willful, we will management remains deliberately would explain when you may receive an issue an ILCP to assess civil penalties ignorant of the actions of their NONC, FCCP, or ILCP, when we will without giving you a prior opportunity employees and agents. It is also assess civil penalties, and how you can to correct the violation to avoid the intended to penalize companies whose appeal an NONC, FCCP, or ILCP. See penalty assessment. management is in reckless disregard as the discussion of NONC, FCCP, and We propose to add a definition for to whether their employees and agents ILCP in § 1241.3 below. ‘‘information.’’ Under this proposed are committing prohibited acts. rule, information would mean any data In addition, our intent is to hold Scope (Section 1241.2) you provided to ONRR, including but persons who are subject to FOGRMA We propose to add a new § 1241.2 to not limited to, any reports, notices, strictly and vicariously liable for the explain what leases are subject to this affidavits, records, data or documents prohibited actions of their employees part. We currently undertake civil you provide to ONRR, any documents and agents. Although we believe this is penalty enforcement activities under you provide to ONRR in response to an already the case, the definition would § 109 of the Federal Oil and Gas Royalty ONRR information or data request, and specifically state that knowing or willful Management Act of 1982 (FOGRMA), 30 any other written information you means the mental state of a person U.S.C. 1719, and its implementing provide to ONRR. This definition is (which includes corporations), regulations in 30 CFR part 1241. needed for the proposed definitions of including the person’s employees or Because FOGRMA § 109 only applies to ‘‘maintenance’’ and ‘‘submission’’ agents. This means that the corporation/ Federal and Indian oil and gas leases, discussed below. person has the same knowledge or the current ONRR regulations in part The proposed rule would define what willfulness as its employees and agents. 1241 also only apply to Federal and ‘‘knowing or willful’’ means under 30 The corporation/person is thus liable for Indian oil and gas leases. U.S.C. 1719(c) and (d) and part 1241. the civil penalty even if the managers, However, in the 2009 Omnibus This statutory term is largely self- principals, or owners may not have Appropriations Act, Public Law 111–88, explanatory and readily implementable actual knowledge of specific prohibited sec. 114, 123 Stat. 2928 (2009) (codified without regulation. However, ONRR acts their agents or employees commit. at 30 U.S.C. 1720a), Congress authorized believes that its enforcement efforts, In doing so, the proposed rule is the Secretary of the Interior to apply adjudications of its enforcement efforts, guided by judicial precedent, primarily FOGRMA § 109 to Federal and Indian and the regulated public would benefit interpreting the False Claims Act, which solid mineral leases, geothermal leases, from defining ‘‘knowing or willful.’’ We imposes strict vicarious liability on and agreements for outer continental also believe there is a benefit to corporations for the knowledge of their shelf energy development under 30 clarifying that corporations and other employees and agents. American U.S.C. 1337(p). Therefore, this proposed persons subject to FOGRMA are liable Society of Mechanical Engineers v. rule would implement that new for the actions of their agents and Hydrolevel Corp., 456 U.S. 556 (1982); authority by adding new § 1241.2 stating employees regardless of the level of United States ex rel. Shackelford v. that this part will apply to all Federal knowledge of managers, principals, or American Management Inc., 484 F. and Indian mineral leases, geothermal owners in the definition of ‘‘knowing or Supp. 2d 669 (E.D. Mich. 2007); United leases, and agreements for outer willful.’’ States ex rel. Bryant v. Williams continental shelf energy development Our intent is to define ‘‘knowing or Building Corp., 158 F. Supp. 2d 1001 under 30 U.S.C. 1337(p). willful’’ as the lowest possible standard (S.D. 2001); see also United States ex so that it encompasses all higher rel. Fago v. M&T Mortgage Corp., 518 F. Definitions (Section 1241.3) standards. Therefore, we are proposing Supp. 2d 108 (D.D.C. 2007) (noting We propose to redesignate the that the definition of ‘‘knowing or different cases supporting strict definitions currently located at willful’’ means gross negligence. ONRR vicarious liability). § 1241.50, rewrite them in Plain believes that ‘‘gross negligence’’ requires ONRR believes that this strict Language, and modify and clarify only that it show a company or person vicarious liability approach implements definitions as discussed below. has ‘‘fail[ed] to exercise even that care Congressional intent underlying Unless specifically defined in this which a careless person would use.’’ FOGRMA for four reasons. First, section, the terms in this part would Black’s Law Dictionary 1057 (7th ed. FOGRMA mandates full accounting and have the same meaning as they do in 30 1999) (citations omitted). We believe payment of all royalties and other U.S.C. 1702. In order to clarify the penalizing prohibited acts committed payments. Second, Congress specifically current regulations in part 1241, this with a mental state equivalent to gross called for enhanced enforcement to section would define certain terms used negligence is appropriate given ensure this mandate. Third, strict in part 1241 and in 30 U.S.C. 1719. See Congressional intent in FOGRMA to vicarious liability will prevent

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corporations from avoiding liability by system of which you were aware from under § 1241.56. Likewise, under the claiming that management lacks the earlier notice. current regulations, recipients of an knowledge or willfulness and that the Under this proposed rule, for ILCP can either request a hearing on prohibited acts were solely the acts of purposes of section 109, 30 U.S.C. their liability for the ILCP under rogue employees and agents. Fourth, 1719(d)(1), ‘‘submission of false, § 1241.62 or just on the amount of the strict vicarious liability will incentivize inaccurate, or misleading information’’ penalty under § 1241.64. We believe corporations and other persons to take means that (1) you provided information that having four sections to request a all necessary steps to ensure that their to an ONRR data system, or otherwise hearing that result in the same process employees and agents are not engaging to ONRR for our official records, and (2) is confusing and redundant. Therefore, in prohibited acts. you knew, or should have known, the this new § 1241.5 would consolidate all FOGRMA section 109(d)(1), 30 U.S.C. information you submitted was false, four current sections to clarify the 1719(d)(1), states that ONRR may assess inaccurate, or misleading at the time hearing process and decrease civil penalties if you knowingly or you submitted the information. redundancy. willfully prepare, submit, or maintain For example, assume that, like the Paragraph (a) of this section would false, inaccurate, or misleading example above, you provide Forms explain that you may still request a information. This proposed rule defines ONRR–2014 to ONRR with an incorrect hearing on an NONC, FCCP, or ILCP ‘‘maintenance of false, inaccurate, or product code for the years 2008 through before an Office of Hearings and misleading information’’ for purposes of 2009. Further, assume that ONRR Appeals (OHA) Hearings Division 30 U.S.C. 1719(d)(1), as meaning that informs you of the incorrect product Administrative Law Judge (ALJ). You you (1) provided information to an code in January 2010 and yet you would have 30 days from receipt of an ONRR data system, or otherwise to continue to provide Forms ONRR–2014 NONC, FCCP, or ILCP to file a hearing ONRR for our official records, (2) later to ONRR with an incorrect product code request. This provision is the same as learn the information you provided was after January 2010. In that case, you the current regulations in 30 CFR false, inaccurate, or misleading, and (3) have knowingly or willfully submitted 1241.54 (hearing request for an NONC) do not correct that information or other false, inaccurate, or misleading and 1241.62 (hearing request for information you provided to ONRR that information. You would be subject to an liability for an ILCP). However, this you know contains the same false, ILCP. provision would change current inaccurate, or misleading information. regulations at 30 CFR 1241.56(b) This interpretation of 30 U.S.C. ONRR Service of NONCs, FCCPs, and (hearing request for an FCCP) and 1719(d)(1) is consistent with current ILCPs (Section 1241.4) 1241.64(b) (hearing request on the ONRR practice. We propose to redesignate the amount of civil penalties assessed in an For example, assume that you regulations currently located at ILCP). The current rules allow only 10 unknowingly provide Reports of Sales §§ 1241.51 and 1241.61 to this section days for you to request a hearing on a and Royalty Remittance (Form ONRR– rewritten in Plain Language, with civil penalty assessment. This rule 2014) to ONRR with an incorrect changes and clarification discussed would extend the period within which product code for the years 2008 through below. to request a hearing to 30 days. 2009 for gas produced from leases Both current 30 CFR 1241.51(b) and For us to consider your hearing located in State X. Further, assume that 1241.61 state that we serve NONCs and request to be timely filed, we would ONRR informs you in January 2010 of civil penalty notices by registered mail have to receive all of the following the incorrect product code and you fail or personal service using the recipient’s within 30 days of your receipt of an to correct the information on the Forms address of record under 30 CFR part NONC, FCCP, or ILCP: (1) a ONRR–2014 you provided to ONRR for 1218, subpart H, as 30 U.S.C. 1719(h) nonrefundable processing fee of $300 the years 2008 through 2009 for gas requires. Paragraph (a) of this new under proposed subparagraph (a)(1); (2) produced from leases located in State X § 1241.4 would consolidate the two a Request for Hearing under proposed in a timely manner. In that case, we current sections to decrease subparagraph (a)(2); and (3) a bond or would consider you to have knowingly redundancy. other surety instrument or or willfully maintained false, Paragraph (b) of this section would demonstration of financial solvency inaccurate, or misleading information explain that we will consider an NONC, under 30 CFR part 1243 under proposed on the Forms ONRR–2014 you provided FCCP, or ILCP ‘‘served’’ on the date on subparagraph (a)(3). ONRR would to ONRR for the years 2008 through which the delivery service delivers the consider your Request for Hearing filed 2009 for gas produced from leases documents to the address of record. when it receives all of the items located in State X. You would therefore Thus, we will consider a properly required under this paragraph (a), not be subject to an ILCP. In addition, if you served document to be received by the when you mail or fax the items to had provided other Forms ONRR–2014 addressee of record. ONRR. Thus, there would be no 10-day to ONRR for the years 2008 through grace period like the current 30 CFR 2009 for gas produced from leases Request for a Hearing on the Record on 1290.105(c)(1) (2011) or 43 CFR 4.422(a) located in State Y with the same an NONC, FCCP, or ILCP (Section (2011). inaccurate information, and failed to 1241.5) Under § 1241.6 of this proposed rule, correct those Forms ONRR–2014, you We propose to redesignate the like the current rules for appeals of have knowingly or willfully maintained regulations currently located at offshore decisions and orders in 30 CFR false, inaccurate, or misleading §§ 1241.54, 1241.56, 1241.62, and part 1290, you must pay a $300 information on the Forms ONRR–2014 1241.64 to this section, rewrite them in nonrefundable processing fee for the years 2008 through 2009 for gas Plain Language, and make the changes electronically through the Pay.gov Web produced from leases located in State Y. and clarification discussed below. site at https://www.pay.gov/paygov/. Thus, you would be subject to an Under the current regulations in 30 The proposed rule also would explain additional ILCP for those violations CFR part 1241, recipients of an NONC that you could find information on how because your failure to maintain can request a hearing on either their to pay using Pay.gov on the ONRR Web accurate information of the same type in liability for the NONC under § 1241.54 site at www.onrr.gov/ReportPay/ different states is a problem with your or just on the amount of the penalty payments.htm.

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We determined that $300 is an under the IOAA we have authority to but is not limited to, the costs to receive appropriate nonrefundable processing recover the costs to process these Requests for Hearings, prepare or fee as explained below. We request hearing requests because hearing respond to motions for summary comments on the amount of the requests provide ‘‘a private benefit that decision, consider pleadings before the processing fee, payment by Electronic incidentally includes some public Hearings Division, issue decisions, Funds Transfer, and what form of benefit’’ (DAH, paragraph 6.4.3). prepare or respond to discovery identification you should include with A fee established under the IOAA requests, and take any other relevant the fee. must be: ‘‘(1) fair; and (2) based on (A) action. Actual costs include both direct The Department’s authority to recover the costs to the Government; (B) the and indirect costs, exclusive of its costs for the processing of complaints value of the service or thing to the management overhead. Management involving violations and penalty recipient; (C) public policy or interest overhead costs mean costs associated assessments is in the Independent served; and (D) other relevant facts’’ 31 with the ONRR and OHA directorates. Offices Appropriation Act of 1952, 31 U.S.C. 9701(b). Factors 2A through 2D Section 304(b) of FLPMA requires that U.S.C. 9701 (IOAA). Office of mirror four of the six factors under we exclude management overhead from Management and Budget (OMB) section 304(b) of the Federal Land chargeable costs. Because we are Circular No. A–25, 58 FR 38144 Policy and Management Act of 1976 applying the FLPMA factors to (adopted 1959; revised July 15, 1993), (FLPMA), 43 U.S.C. 1734(b), for implement the IOAA, we are excluding establishes Federal policy regarding determining the reasonableness of costs management overhead costs from this user charges under the IOAA. Interior for which the Secretary may seek analysis. Solicitor Opinion M–36987 (December reimbursement from those filing Direct costs include an agency’s 5, 1996). Further, the Department of the applications or other documents expenditures for labor, material, and Interior Accounting Handbook (DAH), pertaining to onshore public lands. The equipment usage connected with paragraph 6.4.3, requires bureaus to ‘‘reasonableness factors’’ set out in processing a hearing request. For our follow OMB Circular A–25 regarding FLPMA are: (a) ‘‘Actual costs (exclusive costs to process a hearing request, we cost recovery of the bureau or office of management overhead);’’ (b) ‘‘the calculated actual costs by estimating the costs for services which provide special monetary value of the rights or average time it would take ONRR benefits or privileges to an identifiable privileges sought by the applicant;’’ (c) personnel to perform current similar non-Federal recipient even if the public ‘‘the efficiency to the government processes for appeals of ONRR royalty incidentally benefits as well. Thus, as processing involved;’’ (d) ‘‘that portion orders under 30 CFR part 1290. The part of this proposed rulemaking, we of the cost incurred for the benefit of the processes include accepting and date analyzed previously proposed rules’ general public interest rather than for stamping the hearing request, deciding processing fees (discussed immediately the exclusive benefit of the applicant;’’ if the hearing request was timely and below) for reasonableness according to (e) ‘‘the public service provided;’’ and properly filed, and forwarding the the factors in IOAA section 501(b), 31 (f) ‘‘other factors relevant to determining request to the Hearings Division if it was U.S.C. 9701(b), and the guidance the reasonableness of the costs’’ Id. timely filed. We estimate that this contained in the Department of the Although the FLPMA factors apply only process would take four hours at a total Interior Handbook and OMB’s Circular to onshore lands, the Department cost of $201 based on an average of our No. A–25. believes that using the FLPMA factors to personnel, material, and equipment Concerns were raised regarding fees determine fees is eminently ‘‘fair’’ under usage expenses. We calculated the $201 proposed in other rules by the former the IOAA because of the similarity by multiplying $33.46 ([2011 hourly rate MMS. Open and Nondiscriminatory between the factors used under both for an employee at the grade of GS–11, Movement of Oil and Gas as Required statutes and the open-ended ‘‘other Step 5] × 1.5 [benefits cost factor]) by by the Outer Continental Shelf Lands relevant facts’’ element of the IOAA. Act, 72 FR 17047 (April 6, 2007) (OCS We propose to implement the IOAA the 4 hours, rounding to the nearest Rule). We are explaining how we by applying each of the FLPMA factors whole dollar ($200.76, rounded up). determined the appropriate fee to for hearing requests processed under This method of calculating costs is a proactively address any similar this proposed rule. We first estimated generally accepted practice in both the concerns with this proposed rule. the actual cost to ONRR and the private and public sectors. Our indirect The United States Court of Appeals Hearings Division for processing the costs include items such as rent and for the District of Columbia Circuit has hearing request. We then considered overhead (excluding management upheld charging processing fees under each of the other FLPMA factors to overhead). Our average indirect cost for the IOAA for administrative appeals. determine whether any factor might fiscal years 2011 and 2012 is 16.2 Ayuda, Inc. v. Attorney General, 848 cause us to lower the fee to below actual percent of total costs. ONRR assumes F.2d 1297 (D.C. Cir. 1988)(‘‘Ayuda’’); cost. We then considered whether any total costs are equal to the sum of direct United Transportation Union-Illinois of the remaining factors would militate and indirect costs. To account for our Legislative Board v. Surface indirect costs, we divided our direct against setting the fees at less than ¥ Transportation Board, No. 97–1038, actual cost. We then decided the costs of $201 by 83.8 percent (1 .162), 1997 U.S. App. LEXIS 37560, (D.C. Cir., amount of the fee, which cannot be which estimates our total cost to be Nov. 10, 1997). In Ayuda, the Court held more than the actual processing cost. $240 ($239.86 rounded up). that processing fees for administrative Accordingly, for hearing requests of The costs of processing a hearing appeals ‘‘are for a ‘service or thing of NONCs, FCCPs, and ILCPs, we are request to the Hearings Division under value’ [under the IOAA, 31 U.S.C. proposing that requesters pay a fee set 43 CFR part 4 would cover the following 9701(a)] which provides the recipients at $300. steps: with a special benefit.’’ 848 F.2d at (1) Considering all substantive 1301. Factor (a)—Actual Costs pleadings, requests to supplement the Like the appellant in Ayuda, the party Actual costs would mean the financial record, and extension requests; seeking review of an NONC, FCCP, or measure of resources the Hearings (2) Acting on any requests; and ILCP under this rule is the regulated Division and we expend or use to (3) Researching, writing, and issuing a party. Thus, we have determined that process a hearing request. This includes, decision.

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In addition to the $240 in costs ONRR NONC, FCCP, or ILCP (See Ayuda, 848 recovery process that does not cost more will incur to accept and process F.2d at 1301). to operate than is necessary and unduly Requests for Hearings, ONRR will incur However, the monetary value of this increase costs recovered. additional costs to conduct discovery opportunity will vary depending, in Given the variables noted above, we and a hearing, including preparing any part, on the amount of the civil penalty believe it would be inefficient to exhibits for responses to motions for under review. It also will vary attempt, on a case-by-case basis, to set summary decision, making or depending on the extent to which the a processing fee that accounts for both responding to discovery requests, requester challenges not only the our actual costs and the value of the preparing exhibits for trial, etc. The penalty amount, but also liability for the hearing opportunity to the requester. average personnel costs of a case in alleged violation(s). There would be Moreover, we are basing the FY2011, when we began tracking hours additional value to the requester procedures that we would use to spent on the hearing phase, equaled challenging liability because we will process NONCs, FCCPs, and ILCPs on $20,749 per case. This does not include consider the requester’s history of standardized steps for similar ONRR costs associated with travel, Solicitor’s noncompliance in determining the and Hearings Division processes. This Office representation, court reporters, penalty for any future violation(s) (see would eliminate duplicative and and deposition or hearing transcripts. proposed § 1241.70(a)(2)). This ‘‘liability extraneous procedures, resulting in We calculated this cost by first value’’ is difficult to quantify. Finally, efficient government processing. the monetary value will vary depending multiplying the total hours each Office Factor (d)—Cost Incurred for the Benefit on the likelihood of the requester’s of Enforcement employee reported of the General Public Interest working on the hearing phase by the prevailing in the hearing. Given these employee’s hourly pay and adding all of variables, we rejected the idea of trying ‘‘The cost incurred for the benefit of the resulting figures to reach a pay total to calculate monetary value on a case- the general public interest’’ (public of $103,745. We then divided that by-case basis as too speculative, time- benefit) means agency expenditures in number by the 5 cases we handled in FY consuming, wasteful of resources, and connection with the processing of a 2011 to derive the average $20,749 per subject to dispute. However, based on hearing request for studies or data case. Those cases did not go to hearing our experience, the penalty, and hence collection, if any, determined to have but we conducted discovery. We then the monetary value, will always be value or utility to the United States or divided the $20,749 in direct costs by higher than the proposed fee of $300. the general public apart from document 83.8 percent, to account for indirect Consideration of this factor includes processing. It is important to note that costs, for a total estimated cost for this examining equitable considerations this factor addresses funds expended in part of the process of $24,760. Thus, the related to monetary value, rather than connection with a hearing request. total estimated average cost to ONRR to precise figures. However, given the There is another level of public benefit process a hearing request is $25,000 nature of these hearings, we believe the that includes studies that we are ($240 plus $24,760). monetary value to requesters of having required, by statute or regulation, to For the Hearings Division’s actual an error corrected would be great. perform regardless of whether we costs, we used a different approach, However, a major equitable receive a hearing request. However, we since 100 percent of the Division’s costs consideration is whether the level of have excluded the cost of such studies relates to processing requests for cost reimbursement could burden the from our cost recovery calculations from hearings. We first calculated the requester to such an extent that the the outset. Therefore, no reduction from Division’s total direct and indirect costs hearing request would actually end up costs recovered is necessary in relation for FY 2009—2011, including personnel being of no monetary value to the to these studies. salaries and benefits, rent and utilities, requester whatsoever, since the We concluded that the processing of travel, court reporting, supplies, requester will also have its own costs of a hearing request would not produce postage, books and publications, and participating in the hearing process. A studies or data collection that might equipment. Those costs averaged hearing with a small potential value to benefit the public to any appreciable $1,933,800 per year. We then divided the requester, but which triggers high degree. Accordingly, we did not adjust the total average costs by the average processing costs, would be an instance the proposed fee based on this factor. number of cases completed during the where the fee might reasonably be set at Factor (e)—Public Service Provided three years, 123 per year. Thus, we a figure less than the actual cost of estimated that the Hearings Division’s processing due to this factor. Thus, after ‘‘The public service provided,’’ means total average costs to conduct a hearing considering this factor, we decided that direct benefits with significant public on an NONC, FCCP, or ILCP would be it was reasonable to set a fee greatly value that we expect as a result of a $15,722 ($1,933,800 divided by 123 below our actual costs so as not to hearing request. This factor considers equals $15,721.95, rounded up). frustrate Congress’ intent under the benefit resulting from the ultimate Based on these calculations, the total FOGRMA, 30 U.S.C. 1719(e), to give decision in the hearing, while the actual costs to the Department of recipients of penalties an opportunity previous factor related to the benefits of processing a single hearing request for a hearing on the record. This is the document processing itself. It is would average more than $40,722 because recipients of penalty notices important to note that a decision may ($25,000 for ONRR plus $15,722 for the might not request a hearing if the fee benefit the public whether or not the Hearings Division). equaled our substantial actual costs. decision is favorable to the requester. Deciding a hearing request provides a Factor (b)—Monetary Value of the Factor (c)—Efficiency to the public service because the primary Rights and Privileges Sought Government Processing Involved function of the hearing process is to ‘‘The monetary value of the rights and ‘‘The efficiency to the government correct errors. This helps to ensure the privileges sought’’ means the objective processing involved’’ means the ability ‘‘fair and proper administration of [our] worth of a hearing request, in financial of the agency to process a hearing operations . . . .’’ (Ayuda, 848 F.2d at terms, to the requester. The value to a request with a minimum of waste, 1301). Indeed, ‘‘the public has a keen requester is the opportunity to have an expense, and effort. Implicit in this interest in the correctness of error corrected if there is an error in an factor is the establishment of a cost administrative decisions’’ Id. The public

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benefits even though the requester unpaid penalties due under the FCCP or would have waived your right to a invokes the hearings procedures for ILCP to stay the requirement to pay the hearing on your liability for the penalty their own benefit and therefore receives penalties. The same standards and assessed if you did not specifically a ‘‘service or a thing of value,’’ see id. requirements prescribed in 30 CFR part contest your liability. We therefore decided that it was 1243 would apply. Proposed paragraph (e) would reasonable to set a fee below actual costs The bond amount would have to continue the current provision allowing based on this factor. include (1) the principal amount of any you to request a hearing regardless of unpaid penalties due under the FCCP or Factor (f)—Other Factors whether you correct the violations ILCP, (2) interest on the principal identified in the NONC, FCCP, or ILCP. The final reasonableness factor is amount, and (3) any additional penalties ‘‘other factors relevant to determining that have accrued since we issued the Processing Fee Payment (Section the reasonableness of the costs.’’ Under FCCP or ILCP. For example, if we issue 1241.6) this factor, we considered fees that other an ILCP to you on March 1, 2012, Like the current offshore appeal government entities charge for assessing penalties through January 30, regulations in 30 CFR part 590, § 1241.6 processing similar filings (see October 2012, and you request a hearing on would provide that you must pay the fee 28, 1996 proposed rulemaking, 61 FR at March 31, 2012, the bond would using Pay.gov and include with your 55609 and April 6, 2007 proposed include the original penalty assessed payment your taxpayer identification rulemaking, 72 FR at 17054). We also and any additional penalties that number, payor identification number, examined what numerous State accrued between January 30, 2012, and and the NONC, FCCP, or ILCP case jurisdictions charge to file a complaint March 31, 2012, plus interest. As number. in a civil action. These fees ranged from discussed below, under proposed $150 to $400 with an average of § 1241.12, your posting of a bond or Enforcement Actions Not Subject to a approximately $300. other surety instrument, or Hearing (Section 1241.7) After considering all of the demonstration of financial solvency, In proposed § 1241.7, we would reasonableness factors, we concluded would not stay the accrual of penalties specify matters for which you may not that it is reasonable under the factor of during the pendency of the hearing. request a hearing. Paragraph (a) would public service (e) to set the fee for filing However, it would stay your payment provide that you may not request a a hearing request at $300 instead of at obligation. hearing on your liability for a violation the actual cost. None of the other factors Proposed § 1241.5(b) would explain in an FCCP if the violation for which we militate against setting the fees below that the 30-day period under paragraph cited you is your failure to comply with actual costs. Moreover, because the § 1241.5(a) for us to receive your an order you did not appeal under 30 proposed $300 fee meets the Request for Hearing, processing fee, and CFR part 1290. reasonableness factors of FLPMA, it also bond, other surety instrument, or would be fair under the IOAA. demonstration of financial solvency This provision would supersede the However, if we decide to promulgate an cannot be extended for any reason. decision of the Interior Board of Land alternate process in the final rule after Subparagraph (b)(1) would explain that, Appeals (IBLA) in Merit Energy Co. v. considering comments, the final fee if we do not receive all three items Minerals Management Service, 172 could differ from that proposed in this within 30 days after you are served the IBLA 137 (2007). In Merit, when Merit rulemaking. NONC, FCCP, or ILCP, we will not did not pay or appeal an ONRR order, We invite comments concerning the consider any Request for Hearing you we issued an NONC to enforce the proposed processing fee. Specifically, submit to be filed and will return it to order. Merit then not only requested a we request comments on the effect the you. Subparagraph (b)(2) would explain hearing on the NONC to the Hearings proposed fee could have on the filing of that, if we return your unprocessed Division under the former 30 CFR part hearing requests. Request for Hearing for failure to timely 241, but also requested a hearing on the Subparagraph 1241.5(a)(2) would file your Request for Hearing, remit the merits of the order. The ALJ held that explain that you must file your Request full amount of the processing fee, and Merit could not challenge the merits of for Hearing with the ONRR Enforcement post a bond or other surety instrument the order in part 241 hearing because it Operations Officer at the address stated or demonstrate financial solvency, you had failed to appeal the order under in the NONC, FCCP, or ILCP. Your may not appeal that decision. former 30 CFR part 290, subpart B. The hearing request would have to explain Under proposed § 1241.5(c), if we ALJ then referred the matter to the your reasons for challenging the NONC, receive your Request for Hearing, full IBLA. The IBLA disagreed with the ALJ FCCP, or ILCP and include the amount of the processing fee, and bond and held that the hearing could address following attachments: (1) a copy of the or other surety instrument, or the merits of the order because Merit NONC, FCCP, or ILCP that you are demonstration of financial solvency was entitled to challenge its challenging; and (2) a copy of the within 30 days after you are served the ‘‘underlying liability’’ for penalties Pay.gov receipt confirmation page NONC, FCCP, or ILCP, we would under former part 241 (172 IBLA at 149– demonstrating our receipt of your forward your Request for Hearing to the 51). payment of the processing fee under Hearings Division. Because we believe that a hearing § 1241.6. Proposed paragraph (d) would requester should not have two Under proposed § 1241.5(a)(3), the provide that your hearing request on an opportunities to seek review of an final item you would have to provide to ILCP must state whether you are ONRR order, and thereby undermine the file a hearing request would be a bond contesting your liability for the ILCP, interest in timely due process and the or other surety instrument or the penalties assessed, or both. If your finality of ONRR orders, this proposed demonstration of financial solvency hearing request did not state whether rule would make clear that, if you under 30 CFR part 1243. This would you are contesting your liability for the receive an ONRR order and neither pay continue the requirement in the current ILCP or the penalties assessed, or both, nor appeal that order under current 30 regulations that a hearing requester post you would be deemed to have requested CFR part 1290, that order is the final a bond or other surety instrument or a hearing only on the amount of the decision of the Department. Thus, that demonstrate financial solvency for any penalty assessed. In other words, you order would not be reviewable in any

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subsequent action to enforce that order a party moving for summary decision is unless the penalty amount is not under 30 CFR part 1241. entitled to a decision as a matter of law, reasonable in light of regulatory factors. Paragraph (b) would provide that you the ALJ may grant the motion in whole Lastly, proposed paragraph (i) would also may not request a hearing on or part. Under proposed paragraph (f), if make clear that the provisions of 43 CFR courtesy notices we issue to you under no party files a motion for summary 4.420–4.438 apply to requests for § 1241.12(a) of this part informing you decision or the ALJ denies the motion(s) hearings under this part unless they are of additional penalties that have for summary decision, the ALJ would, to inconsistent with specific provisions in accrued. If we issue you an FCCP or the extent necessary, authorize this part. For example, parties could ILCP, and you do not request a hearing discovery, conduct a hearing, and issue request extensions of time to file on those notices, you may not then a decision. motions and responses under 43 CFR request a hearing on any subsequent We are also proposing a new 4.422(d) because that paragraph does notices informing you of additional paragraph (g) to clarify that by not conflict with this subpart. penalties that accrue after we issue the establishing our prima facie case in the initial notice. The only way for you to NONC, FCCP, or ILCP we have met our Requirements and Standards for administratively challenge penalties initial burden. You would then have the Motions for Summary Decision and accruing after issuance of a FCCP or burden of showing by a preponderance Responses (Section 1241.9) ILCP would be to file a request for of the evidence that you are not liable This section would explain the hearing on the FCCP or ILCP in the first or that the penalty amount should be instance. requirements and standards you and we reduced. We specifically request must follow when filing motions for Procedures for Hearing Requests comments on this new paragraph (g). summary decision, responses, and (Section 1241.8) We also propose to limit an ALJ’s replies. It would explain typical Under the current process in this part, discretion to reduce the penalty requirements and standards for hearings are generally conducted under assessed when the ALJ finds that the summary judgment motions and OHA regulations in 43 CFR part 4 and factual basis for imposing a civil penalty responses such as a verified statement of include discovery (including requests exists under new paragraph (h). facts. Subparagraph (h)(1) would prohibit the for documents, interrogatories, and For example, proposed paragraph (c) ALJ from reducing the penalty below admissions), depositions, and a trial would explain how to establish facts. half of the amount assessed. (with witnesses, exhibits, etc.). Under For the purpose of summary decision, Subparagraph (h)(2) would preclude the the current process, after recipients of the ALJ would accept as true all ALJ from reviewing the exercise of NONCs, FCCPs, and ILCPs request a material facts the moving party sets discretion by ONRR to impose a civil hearing, in most instances, discovery forth and properly supports unless the penalty. Finally, subparagraph (h)(3) begins before any briefings that might opposing party’s response specifically would prohibit the ALJ from dispose of legal issues and factual controverts those facts. However, in the considering any factors in reviewing the matters for which there is no genuine alternative, the parties could establish amount of the penalty other than those issue of material fact in dispute. material facts for the purpose of specified in § 1241.70. Proposed § 1241.8 would explicitly summary decision by an agreement allow motions for summary decision to We are limiting ALJ review of the enumerating those facts. be filed at any time after the case is penalty assessed for several reasons. referred to the Hearings Division, First, as stated below, we will be posting Appeal of an ALJ’s Decision (Section including before discovery commences civil penalty matrices on our Web site 1241.10)? in order to have greater transparency. to narrow the disputed issues. We This section would remain the same, propose making this explicit because We believe that such transparency warrants limiting review of penalty stating that you may appeal to the the current process of conducting Interior Board of Land Appeals under 43 discovery for all matters is costly and amounts because a lessee will have advance notice of its potential penalty CFR part 4, subpart E, if you are administratively burdensome for both adversely affected by the ALJ’s decision. the Department and the hearing liability for any violation of law. requesters. We specifically request Second, this proposal is consistent with Judicial Review of an IBLA Decision comments on this procedure. other Federal civil penalty regulations, (Section 1241.11) Therefore, proposed paragraph (a) for example 42 CFR 488.438(e), that would provide that, after we forward limit ALJ review to determining This section also would remain the your hearing request to the Hearings whether the penalty was reasonable same, stating that you may seek judicial Division under § 1241.5(c), you or we using the factors specified in the civil review of the decision of the Interior could file a motion for summary penalty regulation. See Capitol Hill Board of Land Appeals under 30 U.S.C. decision. Under proposed paragraph (b), Community Rehabilitation and 1719(j). It also would continue to the opposing party could file a response Specialty Care Center, HHS Docket No. provide that a suit for judicial review in to a motion for summary decision A–97–110, Departmental Appeals Board the District Court would be barred within 60 days after the opposing party Decision No. 1629, 1997 HHSDAB unless you file within 90 days after the is served with the motion. Paragraph (c) LEXIS 576 at *8 (1997). We believe that final decision of the Interior Board of would provide that the moving party limiting an ALJ review to the same Land Appeals. could file a reply to a response within factors ONRR is subject to when We note that a motion for 30 days after it was served with the assessing penalties makes eminent sense reconsideration under 43 CFR 4.403 response. Paragraph (d) would state that given that the penalty amount assessed does not extend the 90-day period motions for summary decision, is within ONRR discretion in the first within which to seek judicial review responses, and replies must meet the instance. Finally, the penalties we have unless the IBLA grants the motion and requirements of § 1241.9. assessed to date are already far below issues a new decision on Under proposed paragraph (e), if, after the maximum authorized by statute. reconsideration. In that case, the 90-day briefing, the ALJ determines that there Thus, we see no merit in further period would run from the date of the is no genuine issue of material fact and reductions during the hearings process decision on reconsideration.

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Penalty Accrual When You Request a Please include legal citations and failure to produce documents upon Hearing (Section 1241.12) references with your comments. request. We sent the Dear Reporter Letter certified mail to document which Subpart B—Notices of Noncompliance Paragraph (a) of this section would companies we have warned of the and Civil Penalties provide that penalties would continue penalty consequences for the failure to to accrue if you do not correct the Violation of a Statute, Regulation, keep, maintain, or timely provide violations identified in the FCCP or Order, or Lease Term (Section 1241.50) documents. This preamble also puts you ILCP even if you request a hearing. on notice of your recordkeeping Effect of Correcting NONC Violation(s) Paragraph (b) would eliminate the requirements and what we may do if (Section 1241.51) provisions in the current regulations at you fail to comply with those 30 CFR 1241.55(b) and 30 CFR The two sections above would be the requirements. 1241.63(b) allowing a hearing requester same as current 30 CFR 1241.51 and Thus, we are proposing this provision to petition for a stay of the accrual of 1241.52, respectively. However, we to codify existing practice and to make civil penalties during the pendency of propose to rewrite the sections in Plain clear to lessees that there are serious the proceeding. Language. consequences if they fail to timely We are proposing to eliminate these Effect of Not Correcting NONC comply with ONRR or agent (State or provisions for several reasons. First, Violation(s)(Section 1241.52) Tribal) requests for documentation or § 109 of FOGRMA explicitly states that data for audit, compliance reviews, and penalties shall continue to accrue ‘‘for We propose to redesignate the investigations. each day such violation continues’’ (30 regulation currently located at § 1241.53 It is important to note that selling U.S.C. 1719(a), (b), (c), and (d)). There to this section rewritten in Plain leases does not exempt the seller or is no provision in FOGRMA for a stay Language, with one change and some purchaser from records maintenance of such daily accrual due to a hearing. clarification discussed below. The requirements. In addition, merged Second, although hearing requesters penalty would no longer run from the companies carry records maintenance routinely petition for a stay, consistent date of the NONC. Rather, under requirements into the purchasing or with the statutory provision that proposed subparagraph (a)(1)(i), if you surviving companies. penalties continue to accrue daily, we do not correct the violations listed in Delays in providing documents may routinely oppose those petitions, and the NONC, the penalty would begin to result in curable NONCs under the ALJs routinely deny them. run on the day you were served with the proposed § 1241.50. However, we will Third, under 43 CFR 4.21(a), ‘‘when NONC. We do not believe it is fair for likely treat delays in providing the public interest requires,’’ the penalties to begin to run prior to a documents and outright refusal to Director of the Office of Hearings and recipient’s receipt of the NONC. provide documents as a knowing or Appeals or an Appeals Board may Proposed paragraph (b) would clarify willful failure to permit an audit under override an initial automatic stay and when penalties escalate if you do not this paragraph, resulting in an ILCP ‘‘provide that a decision . . . shall be in correct all of the violations identified in instead of an NONC. Consistent with full force and effect immediately.’’ In the NONC within 40 days after you are current policy, we will consider each the case of civil penalties ONRR issues served the NONC or within 20 days audit step that ONRR cannot perform for under this part, we believe that the following the expiration of any longer lack of requested documents as a accrual of civil penalties for uncorrected time the NONC specifies. In such violation. violations is always in the public instances, we could increase the penalty Although we are specifically interest, since every violation will affect to a maximum of $5,500 per day for proposing that failure to permit an audit either production accountability or each violation the NONC identified that would be considered ‘‘knowing or royalty income. Therefore, rather than you did not correct, and it would willful’’ consistent with the existing continue the practice of allowing lessees increase on the 41st day after you are rule and current practice, the language to request a stay, and our opposing served with the NONC or on the 21st of FOGRMA suggest that failure to those stays, this rulemaking would day after the expiration of any longer permit an audit may not require us to provide that penalties will continue to time the NONC specifies. show it was knowing or willful. accrue during the pendency of the Penalties Without Prior Notice and FOGRMA, 30 U.S.C. 1719(c) states that proceeding. Opportunity To Correct (Section any person who— ‘‘(1) knowingly or willfully fails to Finally, this position is consistent 1241.60) make any royalty payment by the date with other penalty regulations. For This proposed section is the same as as specified by statute, regulation, order example, Department of Health and existing § 1241.60 rewritten in Plain or terms of the lease; Human Services civil penalty Language, with changes discussed (2) fails or refuses to permit lawful regulations state that, if a penalty below and some clarification. entry, inspection, or audit; assessment is upheld after a hearing, the Proposed subparagraph (b)(1)(ii) or penalties are calculated for ‘‘the number would explain that we could consider (3) knowingly or willfully fails or of days of noncompliance until the date your failure to keep, maintain, or refuses to comply with subsection the facility achieves substantial produce documents to be a knowing or 102(b)(3), shall be liable for a penalty of compliance, or, if applicable, the date of willful failure or refusal to permit an up to $10,000 per violation for each day termination when . . . the . . . decision audit. In such instances, we would such violation continues.’’ (Emphasis of noncompliance is upheld after a final assess penalties of up to $11,000 per day added) administrative decision . . . .’’ 42 CFR per violation, for each day you failed to Based on the Plain Language of 488.440(b)(1). In other words, the keep, maintain, or produce documents, section 1719(c)(2), it appears that ONRR penalty continues to accrue throughout without first giving you an opportunity may penalize failure to permit an audit the hearing process. to correct the violation. On March 10, without proving it was committed We welcome comments on our 2011, we sent a Dear Reporter Letter to ‘‘knowingly or willfully.’’ We proposal not to stay the accrual of all reporters explaining recordkeeping specifically request comments on penalties during the hearing process. requirements and the consequences of whether we should eliminate the

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requirement that failure to permit an only ten percent. Therefore, in this The [ONRR accounting] system does not audit be committed ‘‘knowingly or proposed rule, we would adjust the provide for the verification of data reported willfully’’ in the final rule. Please FOGRMA maximum penalties of $500, by oil and gas lessees, and lease account include legal citations to support your records are so unreliable that federal royalty $5,000, $10,000, and $25,000 to $550, managers often do not know which lessees comments. $5,500, $11,000, and $27,500 have paid royalties and which lessees have Proposed subparagraph (b)(2) would respectively, in the new 30 CFR not. Penalties for late payment or explain that ONRR may assess penalties 1241.53(a)(2), 1241.53(b), 1241.60(b)(1), underpayment are rarely imposed. of up to $27,500 per day per violation and 1241.60(b)(2). S. Rep. No. 97–512, at 9 (1982). Based for each day the violation continues if on its findings, the Commission made you knowingly or willfully prepare, Subpart C—Penalty Amount, Interest, 60 recommendations including that the maintain, or submit false, inaccurate, or Collections, and Criminal Penalties Department seek legislation authorizing misleading reports, notices, affidavits, Penalty Assessment (Section 1241.70) DOI to ‘‘assess civil penalties for site records, data, or any other written security violations, nonpayments, late information. Paragraph (a) would retain the We are also codifying our practice of existing regulatory criteria used to payments, underpayments, error-ridden penalizing repeat violations under this determine the amount of the penalty to reports, and failure to submit or update paragraph. Specifically, the proposed assess: (1) the severity of the violations; the required payor plan’’ Id. Secretary rule would state that, if you have (2) your history of noncompliance; and Watt agreed with all the received an email, preliminary (3) the size of your business. To recommendations, id. at 10, and determination letter, order, NONC, determine the size of your business, we Congress ultimately enacted FOGRMA. ILCP, or any other written may consider the number of employees What is clear from this history is that communication identifying a violation, in your company, parent company or Congress was not solely concerned with and you fail to make the correction or companies, and any subsidiaries and ‘‘payment’’ errors but also with failure correct that violation, and commit contractors. For example, if your to submit data and reporting errors— substantially the same violation in the company has 10 employees, but regardless of the royalty consequences. Indeed, many reporting errors and future, then, in some instances, we may employs 400 contractors as agents to do failures to submit data result in delay of consider the uncorrected or repeat its business, we would consider the size audits or an inability to audit in the first violation to be knowing or willful of your company to be 410 employees. instance, which was a concern of preparation, maintenance, or This would not include all employees of Congress’s in enacting FOGRMA. submission of false, inaccurate, or the contractor, just those who actually misleading reports, notices, affidavits, conduct business on your behalf. Moreover, regardless of whether a lessee owes additional royalties, there records, data, or any other written Proposed paragraph (b) would explain information under this paragraph. For are consequences to failures to follow that we would not consider the royalty ONRR regulations, misreporting, and example, if you receive such a consequences of the underlying communication and do not correct the failures to permit audit because a lessee violation when determining the amount does not timely provide documents errors, we may consider that to be of the civil penalty for violations under knowing or willful maintenance of false, ONRR requests. For example, many §§ 1241.50, 1241.60(b)(1)(ii), and companies’ reporting is so erroneous inaccurate, or misleading reports or data 1241.60(b)(2). For example, assume that in our system. that we cannot even audit to determine we issued a penalty to a lessee for the The proposed rule also would amend if there are royalty consequences. As knowing or willful submission of false current 30 CFR 1241.53(a), 1241.53(b), stated above, this was a concern the 1241.60(a), and 1241.60(b) by adjusting or inaccurate reports under Linowes Commission raised and that the $500, $5,000, $10,000, and $25,000 § 1241.60(b)(2). Assume further that Congress addressed in FOGRMA. FOGRMA civil penalty amounts for after the lessee corrected its reporting to Specifically, the Linowes Commission inflation consistent with the Federal comply with the penalty notice, there recommended ‘‘[t]hat the Department Civil Penalty Inflation Adjustment Act was no royalty consequence—what systematically cross-check production of 1990 (Inflation Adjustment Act), Pub. industry refers to as ‘‘net zero’’ errors. and sales records to determine if the L. 101–410, 104 Stat. 890–892 In that case, we would not issue a correct amount of royalties are being (uncodified, but found in a note to 28 reduced penalty merely because there paid’’ (S. Rep. No. 97–512, at 10 (1982)). U.S.C. 2461). The Inflation Adjustment was no royalty consequence. This is This is because the Commission found Act requires agencies to increase civil consistent with our existing practice that ‘‘lease account records are so penalties every 4 years based on specific and FOGRMA legislative history. unreliable that federal royalty managers inflation factors. We have not Research on Congressional intent often do not know which lessees have previously adjusted FOGRMA civil reveals several facts leading to the paid royalties and which lessees have penalties for inflation but propose to do conclusion that the royalty not’’ id. at 9. Thus, it would contradict so in this rulemaking. consequences of a violation are not Congressional intent for ONRR to assess Consistent with the Inflation relevant in determining the severity of a lower penalty for failures to follow Adjustment Act, we identified the the penalty for violations subject to ONRR regulations, misreporting so percentage of the Consumer Price NONCs, reporting errors, and failures to egregious that we cannot audit, and Indices for all Urban Consumers (CPI– permit audit, and that Congress already failures to provide documents that U) for June of the preceding year (2011) considered the royalty consequence prevent us from completing an audit and June of the year the civil monetary when it established different penalties simply because there is no royalty penalties were set by law (FOGRMA for different violations. First, Congress underpayment. 1982) and computed the potential enacted the FOGRMA civil penalty As discussed below, when we adjustment as 136.6 percent. However, provisions in response to the Linowes propose the rule, we will be posting our the maximum penalty increase that may Commission Report. The report penalty matrices. Those matrices show be applied under a 1996 amendment to concluded, ‘‘the industry is essentially the penalty type and range of the Inflation Adjustment Act, Public on an honor system.’’ The Commission assessments for very small, small, and Law 104–134, 110 Stat. 1321–373, is found that: large companies. In addition, as those

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matrices will demonstrate, in order to ONRR proposes to modify existing industry due to our proposal to recover not issue penalties so high that a § 1241.71(b), which currently provides a portion of the Department’s costs to company cannot possibly pay, our that interest will run from the date process a hearing request by requiring assessments are already far below the required under existing § 1241.75(d). requesters to pay a $300 processing fee. maximum allowable under the law. For Existing § 1241.75(d) requires you to We received 15 hearing requests in the example, although FOGRMA authorizes pay penalties 40 days after you receive last three fiscal years, for an average of penalties up to $10,000 per day per the penalty if you do not request a five per year. We therefore estimate that violation for knowing or willful failure hearing and 40 days after decisions in the processing fee would cost industry to pay royalties, for a very small various stages of the hearing and appeal $1,500 ($300 × 5 hearing requests) in the company (less than 25 employees), our process, if you do not or cannot appeal first year and the same each year standard assessment is $100 per day per those decisions. However, this proposed thereafter. violation. However, mitigating factors rule would state that interest would run (3) Penalties. This rulemaking may may result in a lower assessment per from the due date in the invoice result in some increase in civil penalties day per violation and aggravating factors accompanying the penalty notice until that lessees must pay. First, consistent may result in a higher assessment per the date you pay the civil penalty with the inflation adjustment in this day per violation. assessed. This change is consistent with proposed rule, we could increase civil Proposed paragraph (c) would state 30 CFR 1218.50(b), which states penalty collections by ten percent. We that we will post our penalty assessment ‘‘[p]ayments made on an invoice are due collected an average of $1,022,462 in matrices for FCCPs and ILCPs, and any as specified by the invoice.’’ civil penalties annually for fiscal years adjustments to that matrix, on the ONRR 2007 through 2011. Thus, for the Web site at www.onrr.gov/ Penalty Payment (Section 1241.72) potential increases in civil penalties that CivilPenalties/default.htm. In 1999, we Penalty Reduction (Section 1241.73) we could collect due to the inflation published the civil penalty matrix, as it Penalty Collection (Section 1241.74) adjustment, we based our calculations existed at that time, in response to a on ten percent of the annual average comment requesting that we provide We propose to redesignate the amount of civil penalties we currently more specific regulatory criteria for regulations currently located at 30 CFR collect under 30 CFR part 1241. We calculating civil penalties (64 FR 26240, 1241.75, 1241.76, and 1241.77 to these calculated a possible increase in civil 26242 (1999)). The commenters believed sections, respectively, rewritten in Plain penalties we would collect from that the purpose of FOGRMA civil Language. industry of $102,246 per year (10% × penalties is to encourage voluntary Criminal Violation(s) (Section 1241.75) $1,022,462 average total annual civil compliance. The commenters also penalty collections). believed there was a lack of We propose to redesignate the Second, we estimated the potential transparency in calculation of the civil regulation currently located at 30 CFR increase in civil penalties due to penalties. 1241.80 to this section rewritten in application of part 1241 to solid mineral We agree that our civil penalty Plain Language. and geothermal leases by estimating process could be more transparent. We Procedural Matters how many lessees, operators, and also agree that knowing the potential royalty payors of solid mineral and 1. Summary Cost and Royalty Impact monetary consequence of geothermal leases there are in relation to Data noncompliance would encourage all mineral leases that reported voluntary compliance and deter This is a technical rule that would (1) production and royalties as of June violations. Currently, BSEE publishes its apply our civil penalty regulations to 2012. That estimate came to 6 percent civil penalty matrix in a Notice to solid mineral and geothermal leases of our current mineral reporter universe Lessees, which is available at the BSEE consistent with Federal law, (2) adjust (120 solids and geothermal payors and Web site, www.bsee.gov/Inspection-and- civil penalty amounts for inflation as reporters divided by 1,970 total payors Enforcement/Civil-Penalties-and- required by Federal law, and (3) and reporters (oil and gas, solids, and Appeals/Civil-Penalties-and- announce our practice of publishing our geothermal)). Therefore, we multiplied Appeals.aspx. Additionally, every 3 civil penalty assessment matrices on the the $1,022,462 in average annual civil years, BSEE publishes in the Federal ONRR Web site. These proposed penalties by 6 percent (solid mineral Register any adjustments to the changes would have no royalty impacts and geothermal payors and reporters) to maximum civil penalty amount to on industry, State and local estimate an increase in civil penalties reflect any increase in the Consumer governments, Indian Tribes, individual we collect of $61,348. Price Index. Like BSEE, we propose to Indian mineral owners, and the Federal Thus, we estimate the total impact to publish the civil penalty matrices we Government. As explained below, industry of implementing this proposed use on the ONRR Web site at industry would not incur significant rule would be $163,594 annually www.onrr.gov. However, unlike BSEE, additional administrative costs under ($102,246 for the inflation adjustment + we will post any adjustments to the this proposed rulemaking. However, $61,348 for application of part 1241 to matrices for inflation, or any other industry could realize some increased solid mineral and geothermal leases). reason, on our Web site rather than penalties under this proposed Accordingly, the impact to industry of through notices in the Federal Register. rulemaking. The Federal Government, implementing the new provisions of law Late Payment Interest on Penalty and any States and Tribes that are would be minimal. eligible to share civil penalties under 30 Assessments, Underpayments, and B. State and Local Governments Unpaid Debts (Section 1241.71) U.S.C. 1736, would benefit from these increased penalties. (1) Royalty Impacts. None. This section would retain the (2) Administrative Costs. None. provision of existing § 1241.71(a) that A. Industry (3) Penalties. State governments the penalties under this part are in (1) Royalty Impacts. None. having delegated audit authority under addition to interest you may owe on any (2) Administrative Costs—Processing 30 U.S.C. 1735 would receive a 50 underlying underpayments or unpaid Fee. This rulemaking would result in an percent share of civil penalties collected debt. increase in administrative costs to as a result of their activities under

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ONRR delegations of authority (30 3. Regulatory Flexibility Act 8. Civil Justice Reform (E.O. 12988) U.S.C. 1736). However, how much a The Department of the Interior This proposed rule would comply State government could receive due to with the requirements of E.O. 12988. the estimated increase discussed above certifies that this proposed rule would not have a significant economic effect Specifically, this rule: would be purely speculative. a. Would meet the criteria of § 3(a) on a substantial number of small entities requiring that all regulations be C. Indian Tribes and Individual Indian under the Regulatory Flexibility Act (5 Minerals Owners reviewed to eliminate errors and U.S.C. 601 et seq.). This proposed rule ambiguity and be written to minimize (1) Royalty Impacts. None. would affect large and small entities but litigation; and would not have a significant economic (2) Administrative Costs. None. b. Would meet the criteria of § 3(b)(2) effect on either. (3) Penalties. Indian tribal requiring that we write all regulations in governments having cooperative 4. Small Business Regulatory clear language and contain clear legal agreements with ONRR under 30 U.S.C. Enforcement Fairness Act (SBREFA) standards. 1732 would receive a 50 percent share 9. Consultation With Indian Tribes (E.O. of civil penalties collected as a result of This proposed rule is not a major rule 13175) their activities under ONRR delegations under 5 U.S.C. 804(2), the SBREFA. This proposed rule: The Department of the Interior strives of authority (30 U.S.C. 1736). However, to strengthen its government-to- how much a tribal government could a. Would not have an annual effect on government relationship with Indian receive due to the estimated increase the economy of $100 million or more. Tribes through a commitment to discussed above would be purely See Item 1 above. consultation with Indian Tribes and speculative. b. Would not cause a major increase recognition of their right to self- D. Federal Government in costs or prices for consumers, governance and tribal sovereignty. individual industries, Federal, State, Under the Department’s consultation (1) Royalty Impacts. None. local government agencies, or policy and the criteria in E.O. 13175, we (2) Administrative Costs. The geographic regions. evaluated this proposed rule and application of FOGRMA penalties to c. Would not have significant adverse determined that it would have no solid minerals and geothermal leases effects on competition, employment, substantial direct effects on federally would produce a slight increase in the investment, productivity, innovation, or recognized Indian Tribes. Likewise, these proposed amendments to 30 CFR enforcement workload, which ONRR the ability of U.S.-based enterprises to part 1241, subpart B, would not affect likely would absorb using current staff. compete with foreign-based enterprises. (3) Penalties. As discussed above, we Indian Tribes because the changes are estimate that the Federal Government 5. Unfunded Mandates Reform Act only technical in nature. could receive $163,594 in increased This proposed rule would not impose 10. Paperwork Reduction Act civil penalties as a result of this rule if no State or Tribe shared in those civil an unfunded mandate on State, local, or This proposed rule does not contain information collection requirements and penalties. tribal governments, or the private sector of more than $100 million per year. This a submission to OMB would not be 2. Regulatory Planning and Review proposed rule would not have a required under the Paperwork (Executive Orders 12866 and 13563) significant or unique effect on State, Reduction Act of 1995 (44 U.S.C. 3501 local, or tribal governments, or the et seq.). See 5 CFR 1320.4(a)(2). Executive Order (E.O.) 12866 provides private sector. Therefore, we are not that the Office of Information and 11. National Environmental Policy Act providing a statement containing the Regulatory Affairs (OIRA) of OMB will information that the Unfunded This proposed rule would not review all significant rules. OIRA has constitute a major Federal action, and it determined that this rule is not Mandates Reform Act (2 U.S.C. 1531 et seq.) requires. See Item 1 above. would not significantly affect the significant. quality of the human environment. The Executive Order 13563 reaffirms the 6. Takings (Executive Order 12630) procedural changes resulting from these principles of E.O. 12866 while calling amendments have no consequences for improvements in the nation’s Under the criteria in section 2 of E.O. with respect to the physical regulatory system to promote 12630, this proposed rule would not environment. We are not required to predictability, to reduce uncertainty, have any significant takings provide a detailed statement under the and to use the best, most innovative, implications. This proposed rule would National Environmental Policy Act of and least burdensome tools for not be a governmental action capable of 1969 (NEPA) because this rule qualifies achieving regulatory ends. The interference with constitutionally for categorical exclusion under 43 CFR executive order directs agencies to protected property rights. This proposed 46.210(c) and (i) and the DOI consider regulatory approaches that rule does not require a Takings Departmental Manual, part 516, section reduce burdens and maintain flexibility Implication Assessment. 15.4.D: ‘‘(c) Routine financial and freedom of choice for the public 7. Federalism (E.O. 13132) transactions including such things as where these approaches are relevant, . . . audits, fees, bonds, and royalties feasible, and consistent with regulatory Under the criteria in section 1 of E.O. . . . (i) Policies, directives, regulations, objectives. E.O. 13563 emphasizes 13132, this proposed rule would not and guidelines: That are of an further that regulations must be based have sufficient federalism implications administrative, financial, legal, on the best available science and that to warrant the preparation of a technical, or procedural nature.’’ We the rulemaking process must allow for Federalism Assessment. This proposed have also determined that this proposed public participation and an open rule would not substantially and rule does not involve in any of the exchange of ideas. We have developed directly affect the relationship between extraordinary circumstances listed in 43 this rule in a manner consistent with Federal and State governments. A CFR 46.215 that would require further these requirements. Federalism Assessment is not required. analysis under NEPA.

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12. Effects on the Energy Supply (E.O. 1241.3 What definitions apply to this part? (b) All federally administered mineral 13211) 1241.4 How will ONRR serve NONCs, leases on Indian tribal and individual FCCPs, and ILCPs? Indian mineral owners’ lands, regardless This proposed rule would not be a 1241.5 How do I request a hearing on the significant energy action under the record on an NONC, FCCP, or ILCP? of the statutory authority under which definition in E.O. 13211. A Statement of 1241.6 How do I pay the processing fee? the lease was issued or maintained; and Energy Effects is not required. 1241.7 What ONRR enforcement actions are (c) All leases, easements, rights of not subject to a hearing? way, and other agreements subject to 30 13. Clarity of This Regulation 1241.8 What procedures apply to my U.S.C. 1337(p). Executive Orders 12866 (section hearing request? 1241.9 What are the requirements and § 1241.3 What definitions apply to this 1(b)(2)), 12988 (section 3(b)(1)(B)), and standards for a motion for summary part? 13563 (section 1(a)), and the decision and response? (a) Unless specifically defined in Presidential Memorandum of June 1, 1241.10 May I appeal the ALJ’s decision? paragraph (b) of this section, the terms 1998, require us to write all rules in 1241.11 May I seek judicial review of the in this part have the same meaning as IBLA decision? Plain Language. This means that each 30 U.S.C. 1702. rule we publish must: (a) Be logically 1241.12 Does my hearing request affect the penalties? (b) The following definitions apply to organized; (b) use the active voice to this part: address readers directly; (c) use Subpart B—Notices of Noncompliance and Agent means any individual or other common, everyday words, and clear Civil Penalties person— language rather than jargon; (d) be Penalties With a Period To Correct (i) With the actual authority of; divided into short sections and 1241.50 What may ONRR do if I violate a (ii) With the apparent authority of; or sentences; and (e) use lists and tables statute, regulation, order, or lease term (iii) Designated by a person subject to wherever possible. relating to a lease subject to this part? FOGRMA who acts or purports to act on If you feel that we have not met these 1241.51 What if I correct the violation(s) behalf of the person subject to requirements, send us comments by one identified in an NONC? FOGRMA. of the methods listed in the ADDRESSES 1241.52 What if I do not correct the ALJ means an administrative law section. To help revise the rule, your violation(s) identified in an NONC? judge in the Hearings Division. comments should be as specific as Penalties Without a Period To Correct FCCP means a Failure to Correct Civil possible. For example, you should tell 1241.60 Am I subject to penalties without Penalty notice, which assesses civil us the numbers of the sections or prior notice and an opportunity to penalties if you fail to correct the paragraphs that you find unclear, which correct? violations in a NONC. sections or sentences are too long, and Subpart C—Penalty Amount, Interest, Hearings Division means the the sections where you feel lists or Collections, and Criminal Penalties Departmental Cases Hearings Division, tables would be useful, etc. 1241.70 How does ONRR decide the Office of Hearings and Appeals. 14. Public Availability of Comments amount of the penalty to assess? IBLA means the Interior Board of 1241.71 Do I owe interest on both the Land Appeals, Office of Hearings and We will post all comments, including penalty assessed and any underlying Appeals. names and addresses of respondents, at underpayment(s) or unpaid debt(s)? ILCP means an Immediate Liability www.regulations.gov. Before including 1241.72 When must I pay the penalty? Civil Penalty notice, which assesses your address, phone number, email 1241.73 May ONRR reduce my penalty civil penalties for specified violation(s) address, or other personal identifying once it is assessed? without providing a prior opportunity to information in your comment, be 1241.74 How may ONRR collect my correct the violation(s). penalty? advised that we may make your entire Information means any data you comment—including your personal 1241.75 May the United States criminally prosecute me for violations under provide to an ONRR data system, or identifying information—publically Federal and Indian oil and gas leases? otherwise provide to ONRR for our available at any time. While you can ask official records, including but not Authority: 25 U.S.C. 396 et seq., 396a et us in your comment to withhold your limited to, any reports, notices, personal identifying information from seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. affidavits, records, data or documents public view, we cannot guarantee that 1301 et seq., 1331 et seq., 1801 et seq. you provide to us, any documents you we will be able to do so. provide to us in response to our request, List of Subjects in 30 CFR part 1241 Subpart A—General Provisions and any other written information you provide to us. § 1241.1 What is the purpose of this part? Notices of noncompliance, Civil Knowing or willful means that a penalties. This part applies to you if you are the person, including its employee or agent, Dated: April 18, 2014. recipient of a Notice of Noncompliance with respect to the prohibited act, acts Rhea Suh, (NONC), Failure to Correct Civil Penalty with gross negligence. Notice (FCCP), or Immediate Liability Assistant Secretary for Policy, Management Maintenance of false, inaccurate, or and Budget. Civil Penalty Notice (ILCP). This part misleading information means you explains: provided information to an ONRR data For the reasons stated in the (a) When you may receive an NONC, system, or otherwise to us for our preamble, the Office of Natural FCCP, or ILCP; official records, and you later learn the (b) How we assess civil penalties; and Resources Revenue proposes to revise information you provided was false, 30 CFR part 1241 to read as follows: (c) How to appeal an NONC, FCCP, or ILCP. inaccurate, or misleading, and you do PART 1241—PENALTIES not correct that information or other § 1241.2 What leases are subject to this information you provided to us that you Subpart A—General Provisions part? know contains the same false, Sec. This part applies to: inaccurate, or misleading information. 1241.1 What is the purpose of this part? (a) All Federal mineral leases onshore NONC means a Notice of 1241.2 What leases are subject to this part? and on the Outer Continental Shelf; and Noncompliance, which states the

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violation(s) and how to correct the (iii) Any additional penalties that § 1241.8 What procedures apply to my violations to avoid civil penalties. have accrued since ONRR issued the hearing request? Notices means NONCs, FCCPs, and FCCP or ILCP. (a) After we forward your Request for ILCPs as defined in this section. (b) The 30-day period for you to meet Hearing to the Hearings Division under ONRR (we, our) means the Office of all of the requirements of paragraph (a) § 1241.5(c), then either party may Natural Resources Revenue. of this section cannot be extended for submit a motion for summary decision. Prohibited act means any act or any reason. (b) The opposing party may file a failure to act subject to civil penalties response to a motion for summary (1) If we do not receive all of the items under 30 U.S.C. 1719(c) or (d). decision within 60 days after service of you are required to submit under Submission of false, inaccurate, or the motion. paragraph (a) of this section, then we misleading information means you (c) The moving party may file a reply cannot consider your Request for provide information to an ONRR data to a response to a motion for summary Hearing to be filed and will return it to system, or otherwise to us for our decision within 30 days after service of you. official records, and you knew, or the response. should have known, the information (2) If we return your unprocessed (d) Motions for summary decision and that you provided was false, inaccurate, Request for Hearing under paragraph responses must meet the requirements or misleading at the time you provided (b)(1) of this section, then you may not of § 1241.9. the information. appeal that decision. (e) The ALJ will grant a party’s motion You (I) means the recipient of an (c) If ONRR receives all of the items for summary decision, in whole or in NONC, FCCP, or ILCP. you are required to submit under part, if there is no genuine issue of paragraph (a) of this section, 30 days material fact and the party is entitled to § 1241.4 How will ONRR serve notices? after you are served the notice, then we a decision as a matter of law. (a) We will serve NONCs, FCCPs, and will forward your Request for Hearing to (f) If neither party files a motion for ILCPs by registered mail or personal the Hearings Division. summary decision or the ALJ denies the motion for summary decision, then the service to the addressee of record under (d) If you request a hearing on an ALJ will, to the extent necessary, 30 CFR 1218.520 consistent with 30 ILCP, your hearing request must state authorize discovery, conduct a hearing, CFR 1218.540(b). whether you are contesting your and issue a decision. (b) We will consider the notice served liability for the ILCP or the penalties (g) You have the burden of showing on the date it was delivered to the assessed, or both. If your hearing request that you are not liable or that the addressee of record. does not state whether you are penalty amount should be reduced by a contesting your liability for the ILCP or § 1241.5 How do I request a hearing on the preponderance of the evidence. record on a notice? the penalties assessed, or both, you will (h) In issuing any decision on a (a) You may request a hearing on the be deemed to have requested a hearing hearing request, if the ALJ finds that the record before an ALJ on an NONC, only on the amount of the penalty factual basis for imposing a civil penalty FCCP, or ILCP by filing a request with assessed. exists, the ALJ may not: ONRR. We will consider your Request (e) You may request a hearing even if (1) Reduce a penalty below half of the for Hearing filed when we receive all of you correct the violations identified in amount assessed; the items required under this paragraph, the NONC or ILCP. (2) Review the exercise of discretion by ONRR to impose a civil penalty; or not when you mail or fax the items to § 1241.6 How do I pay the processing fee? us. For your Request for Hearing to be (3) Consider any factors in reviewing filed, we must receive all of the (a) You must pay the $300 fee the amount of the penalty other than following from you within 30 days after electronically through the Pay.gov Web those specified in § 1241.70. you are served the notice: site at https://www.pay.gov/paygov. You (i) The provisions of 43 CFR 4.420– (1) A nonrefundable processing fee of must provide the following information 4.438 apply to hearings under this part $300 under § 1241.6. with the payment: except when they are inconsistent with (2) A Request for Hearing that: (1) Your taxpayer identification the provisions of this part. (i) You file with the ONRR number; § 1241.9 What are the requirements and Enforcement Operations Officer at the (2) Your payor identification number, standards for a motion for summary address stated in the NONC, FCCP, or if applicable; and decision and response? ILCP; (3) The NONC, FCCP, or ILCP case (a) Motion requirements. For a motion (ii) Explains your reasons for number. for summary decision to be properly challenging the notice; and made and supported, the party filing a (iii) Includes the following (b) Information on how to pay using the Pay.gov Web site is available on the motion for summary decision must: attachments: (1) Rely on more than mere (A) A copy of the notice, that you are ONRR Web site at www.onrr.gov/ ReportPay/payments.htm. allegations in its own pleadings; challenging; and (2) Concisely state the material facts (B) A copy of the Pay.gov receipt § 1241.7 Which ONRR enforcement which the party contends are confirmation page demonstrating our actions are not subject to a hearing? undisputed; receipt of your payment of the You may not request a hearing on: (3) Verify those facts with supporting processing fee under § 1241.6. affidavits, declarations, or other (3) A bond or other surety instrument (a) Your liability for a violation in an evidentiary materials; or demonstration of financial solvency FCCP if the violation is your failure to (4) Include references to the specific under 30 CFR part 1243 for: comply with an order you did not portions of the record which verify (i) The principal amount of any timely appeal under 30 CFR part 1290; those facts; and unpaid penalties due under the FCCP or and (5) State why the party is entitled to ILCP; (b) A courtesy notice we send to you summary decision as a matter of law. (ii) Interest on the principal amount; under § 1241.12(a) informing you that (b) Response requirements. When a and additional penalties have accrued. motion for summary decision is

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properly made and supported, an (b) How to correct the violation to (1) What the violation is; opposing party’s response must: avoid civil penalties; and (2) How to correct the violation; and (1) Not rely merely on allegations or (c) That you have 20 days after the (3) The amount of the civil penalty denials in its own pleadings, but must: date on which you are served the NONC assessed. (i) Concisely state the material facts to correct the violation, unless the (b) We may assess civil penalties of that the opposing party contends are NONC specifies a longer period. The up to; disputed; period for you to correct the violations (1) $11,000 per day per violation for (ii) Verify that those facts are disputed specified in the NONC cannot be each day the violation continues if you with supporting affidavits, declarations, extended for any reason. knowingly or willfully: or other evidentiary materials; and § 1241.51 What if I correct the violation(s) (i) Fail to make any royalty payment (iii) Include references to the specific identified in an NONC? portions of the record that verify that by the date specified by statute, those facts are disputed: and/or If you correct all of the violations we regulation, order or terms of the lease; (2) State why the moving party is not identified in the NONC within 20 days or entitled to summary decision as a matter after the date on which you are served (ii) Fail or refuse to permit lawful of law. the NONC, or any longer period the entry, inspection, or audit. We may (c) Establishing facts. (1) All material NONC specifies, then we will close the consider your failure to keep, maintain, facts set forth by the moving party and matter and will not assess a civil or produce documents to be a knowing properly supported by the record will be penalty. However, we will consider the or willful failure or refusal to permit an taken as true and considered violations as part of your history of audit; and undisputed for the purpose of a noncompliance for future penalty (2) $27,500 per day per violation for summary decision unless specifically assessments under § 1241.70(a)(2). each day the violation continues for controverted by the opposing party’s § 1241.52 What if I do not correct the knowing or willful preparation, response. violation(s) identified in an NONC? maintenance, or submission of false, inaccurate, or misleading reports, (2) The parties may stipulate to by an (a) If you do not correct all of the notices, affidavits, records, data, or any agreement of the parties enumerating violations we identified in the NONC other written information. You also may those facts. within 20 days after the date on which be deemed to have knowingly or you are served the NONC, or any longer § 1241.10 May I appeal the ALJ’s decision? willfully prepared, maintained, or period the NONC specifies, then we If you are adversely affected by the submitted false, inaccurate, or may send you an FCCP. ALJ’s decision, you may appeal that (1) The FCCP will state the amount of misleading information if you have decision to IBLA under 43 CFR part 4, the penalty you must pay. The penalty received an email, preliminary subpart E. will: determination letter, order, NONC, (i) Begin to run on the day on which ILCP, or any other written § 1241.11 May I seek judicial review of the communication identifying a violation, IBLA decision? you were served with the NONC; and (ii) Continue to accrue for each and you: You may seek judicial review of the (i) Fail to correct that violation; or IBLA decision under 30 U.S.C. 1719(j) violation identified in the NONC until (ii) Correct that violation but commit in Federal District Court. You must file it is corrected. substantially the same violation in the a suit for judicial review in district court (2) The penalty may be up to $550 per future. within 90 days after the final IBLA day for each violation identified in the decision. NONC that you have not corrected. (b) If you do not correct all of the Subpart C—Penalty Amount, Interest, § 1241.12 Does my hearing request affect violations identified in the NONC Collections, and Criminal Penalties the penalties? within 40 days after you are served the § 1241.70 How does ONRR decide the (a) If you do not correct the violations NONC, or within 20 days following the amount of the penalty to assess? identified in the FCCP or ILCP, the expiration of any longer time the NONC (a) We will determine the amount of penalties will continue to accrue, even specifies, then we may increase the the penalty to assess by considering: if you request a hearing. We may issue penalty to a maximum of $5,500 per day courtesy notices to you informing you of for each violation identified in the (1) The severity of the violations; any additional penalties that have NONC that you have not corrected. The (2) Your history of noncompliance; accrued after we issue an FCCP or ILCP. increased penalty will: and (b) Neither the ALJ nor the IBLA may (1) Begin to run on the 41st day after (3) The size of your business. To stay the accrual of penalties pending a the date on which you were served the determine the size of your business, we decision on your hearing request. NONC, or on the 21st day after the may consider the number of employees expiration of any longer time the NONC in your company, parent company or Subpart B—Notices of Noncompliance specifies; and companies, and any subsidiaries and and Civil Penalties (2) Continue to accrue for each contractors. violation identified in the NONC until (b) We will not consider the royalty Penalties With a Period To Correct it is corrected. consequences of the underlying § 1241.50 What may ONRR do if I violate a Penalties Without a Period To Correct violation when determining the amount statute, regulation, order, or lease term of the civil penalty for violations under relating to a lease subject to this part? § 1241.60 Am I subject to penalties without §§ 1241.50, 1241.60(b)(1)(ii), and If we believe that you have not prior notice and an opportunity to correct? 1241.60(b)(2). followed any requirement of a statute, (a) We may assess penalties without (c) We will post the FCCP and ILCP regulation, or order, or the terms of a first giving you an opportunity to assessment matrix and any adjustments lease subject to this part, we may serve correct the violation. We will inform to that matrix, on the ONRR Web site at you with an NONC explaining: you of violations without a period to www.onrr.gov/CivilPenalties/ (a) What the violation is; correct by issuing an ILCP explaining: default.htm.

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§ 1241.71 Do I owe interest on both the (4) Using the judicial process to ADDRESSES: You may submit comments penalty assessed and any underlying compel your payment under 30 U.S.C. identified by docket number using any underpayment(s) or unpaid debt(s)? 1719(k). one of the following methods: (a) The penalties under this part are (b) If we use the judicial process to (1) Federal eRulemaking Portal: in addition to interest you may owe on compel your payment, or if you seek http://www.regulations.gov. any underlying underpayment(s) or judicial review under 30 U.S.C. 1719(j), (2) Fax: 202–493–2251. unpaid debt(s). and the court upholds the assessment of (3) Mail or Delivery: Docket (b) If you do not pay the penalty a penalty, the court will have Management Facility (M–30), U.S. assessed by the due date in the bill jurisdiction to award the amount Department of Transportation, West accompanying the FCCP or ILCP, you assessed plus interest assessed from the Building Ground Floor, Room W12–140, will owe late payment interest on the date of the expiration of the 90-day 1200 New Jersey Avenue SE., penalty amount under 30 CFR 1218.54 period referred to in 30 U.S.C. 1719(j). Washington, DC 20590–0001. Deliveries from the date the civil penalty payment The amount of any penalty, as finally accepted between 9 a.m. and 5 p.m., was due until the date you pay the civil determined, may be deducted from any Monday through Friday, except federal penalty assessed. sum owing to you by the United States. holidays. The telephone number is 202– 366–9329. § 1241.72 When must I pay the penalty? § 1241.75 May the United States criminally See the ‘‘Public Participation and prosecute me for violations?? (a) If you do not request a hearing on Request for Comments’’ portion of the an FCCP or ILCP under this part, you If you commit an act for which a civil SUPPLEMENTARY INFORMATION section must pay the penalties assessed by the penalty is provided in 30 U.S.C. 1719(d) below for further instructions on due date specified in the bill and 30 CFR 1241.60(b)(2), the United submitting comments. To avoid accompanying the FCCP or ILCP. States may pursue criminal penalties as duplication, please use only one of provided in 30 U.S.C. 1720 in addition (b) If you request a hearing on an these three methods. to any authority for prosecution under FCCP or ILCP under this part, the ALJ FOR FURTHER INFORMATION CONTACT: If other statutes. affirms the civil penalty, and: you have questions on this rule, call or (1) You do not appeal the ALJ’s [FR Doc. 2014–11552 Filed 5–19–14; 8:45 am] email Lieutenant Commander John decision to the IBLA under § 1241.10, BILLING CODE 4310–T2–P Bannon, Waterways Management, U.S. you must pay the civil penalty amount Coast Guard Sector San Diego; determined by the ALJ within 30 days telephone (619) 278–7656, email of the ALJ’s decision; or DEPARTMENT OF HOMELAND [email protected]. If you have (2) You appeal the ALJ’s decision to SECURITY questions on viewing or submitting the IBLA under § 1241.10, the IBLA material to the docket, call Cheryl Coast Guard affirms a civil penalty, and: Collins, Program Manager, Docket Operations, telephone (202) 366–9826. (i) You do not seek judicial review of 33 CFR Part 165 the IBLA’s decision under 30 U.S.C. SUPPLEMENTARY INFORMATION: 1719(j), you must pay the civil penalty [Docket Number USCG–2014–0253] Table of Acronyms amount determined by the IBLA within RIN 1625–AA00 DHS Department of Homeland Security 120 days of the IBLA decision; or FR Federal Register (ii) You seek judicial review of the Safety Zone; Bullhead City River NPRM Notice of Proposed Rulemaking IBLA decision, and a court of competent Regatta; Bullhead City, AZ jurisdiction affirms the penalty, you A. Public Participation and Request for must pay the penalty assessed within 30 AGENCY: Coast Guard, DHS. Comments days after the court enters a final non- ACTION: Notice of proposed rulemaking. We encourage you to participate in appealable judgment. this rulemaking by submitting SUMMARY: The Coast Guard proposes to comments and related materials. All establish a temporary safety zone on the § 1241.73 May ONRR reduce my penalty comments received will be posted once it is assessed? navigable waters of the Colorado River without change to http:// in Bullhead City, Arizona. The safety The ONRR Director or his or her www.regulations.gov and will include zone is necessary to provide for the delegate may compromise or reduce any personal information you have safety of the Bullhead City River Regatta civil penalties assessed under this part. provided. marine event participants. The safety § 1241.74 How may ONRR collect my zone will temporarily restrict vessel 1. Submitting Comments penalty? movement and public waterway use If you submit a comment, please (a) If you do not pay a civil penalty within the designated area. During the include the docket number for this we assess by the date payment is due annual one-day event, held on August 9, rulemaking, indicate the specific section under § 1241.72, we may use all 2014, non-authorized event persons and of this document to which each available means to collect the penalty vessels would be prohibited from comment applies, and provide a reason including, but not limited to: entering into, transiting through or for each suggestion or recommendation. (1) Requiring the lease surety, for anchoring within the enforced period of You may submit your comments and amounts owed by lessees, to pay the the safety zone unless authorized by the material online at http:// penalty; Captain of the Port or his designated www.regulations.gov, or by fax, mail, or (2) Deducting the amount of the representative. hand delivery, but please use only one penalty from any sums the United States DATES: Comments and related material of these means. If you submit a owes to you; must be received by the Coast Guard on comment online, it will be considered (3) Referring the debt to the or before June 19, 2014. received by the Coast Guard when you Department of the Treasury for Requests for public meetings must be successfully transmit the comment. If collection under 30 CFR part 218, received by the Coast Guard on or before you fax, hand deliver, or mail your subpart J; and June 4, 2014. comment, it will be considered as

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having been received by the Coast and place announced by a later notice of the Port or his representative, Guard when it is received at the Docket in the Federal Register. working closely with Bullhead City Management Facility. We recommend event command staff, no person or B. Basis and Purpose that you include your name and a vessel may enter or remain in the mailing address, an email address, or a The request for a waterway safety regulated area for the safety of event telephone number in the body of your zone was submitted by the organizer of participants. This zone will be in effect document so that we can contact you if the annual event, Bullhead City, from 6 a.m. to 6 p.m. on August 9, 2014. we have questions regarding your Arizona. The safety zone will provide a Before the effective period, the Coast submission. safety buffer from vessel traffic for the Guard will publish a Local Notice to To submit your comment online, go to estimated 25,000 participants floating Mariners (LNM) and marine information http://www.regulations.gov, type the down a six mile portion of the Colorado broadcasts on the day of the event. docket number [USCG–2014–0253] in River during the annual marine event. Should the safety zone no longer be the ‘‘SEARCH’’ box and click The Bullhead City River Regatta is a required, the waterway will be reopened ‘‘SEARCH.’’ Click on ‘‘Submit a reoccurring marine event listed in 33 as soon as possible for full public use. Comment’’ on the line associated with CFR 100.1102 Table 1, Item number 16. E. Regulatory Analyses this rulemaking. The Bullhead City River Regatta is If you submit your comments by mail held on the navigable waters of the We developed this proposed rule after or hand delivery, submit them in an Colorado River adjacent to Bullhead considering numerous statutes and unbound format, no larger than 81⁄2 by City, Arizona and Laughlin, Nevada. executive orders related to rulemaking. 11 inches, suitable for copying and The waterway is under federal Below we summarize our analyses electronic filing. If you submit jurisdiction due to the division of two based on a number of these statutes or comments by mail and would like to states. The proposed safety zone is executive orders. deemed necessary by Coast Guard know that they reached the Facility, 1. Regulatory Planning and Review please enclose a stamped, self-addressed Sector San Diego Captain of the Port to postcard or envelope. We will consider provide for the safety of the event This proposed rule is not a significant all comments and material received participants and to support the state-led regulatory action under section 3(f) of during the comment period and may waterway safety efforts. This popular Executive Order 12866, Regulatory change the rule based on your event involves a high number of people, Planning and Review, as supplemented comments. with paid event permits, floating down by Executive Order 13563, Improving a six mile portion of the Colorado River Regulation and Regulatory Review, and 2. Viewing Comments and Documents on inflatable rafts, inner tubes and does not require an assessment of To view comments, as well as floating platforms. This is the only event potential costs and benefits under documents mentioned in this preamble on this portion of the waterway that section 6(a)(3) of Executive Order 12866 as being available in the docket, go to restricts public access for a defined or under section 1 of Executive Order http://www.regulations.gov, type the period of time during one day of the 13563. The Office of Management and docket number (USCG–2014–0253) in year. Budget has not reviewed it under those the ‘‘SEARCH’’ box and click Because of the high amount of Orders. This determination is based on ‘‘SEARCH.’’ Click on Open Docket participants, narrow and treacherous the size and location of the safety zone. Folder on the line associated with this portions of the waterway, public access Although the safety zone would apply rulemaking. You may also visit the for this small portion of the waterway is to the entire width of the river for a six Docket Management Facility in Room limited at the request of local law mile stretch, traffic would be allowed to W12–140 on the ground floor of the enforcement and city officials. The pass through the zone before and Department of Transportation West sponsor provides adequate notice and immediately after the marine event. In Building, 1200 New Jersey Avenue SE., the annual event occurs each year on addition, with the permission of the Washington, DC 20590, between 9 a.m. the same approximate date and time, as Captain of the Port or his designated and 5 p.m., Monday through Friday, well as the same portion of the representative, limited traffic may be except Federal holidays. waterway. The small part of the authorized on a case-by-case basis. waterway impacted will be reopened as Additionally, before the effective 3. Privacy Act soon as the waterway is deemed safe by period, the Coast Guard will publish a Anyone can search the electronic the Coast Guard Captain of the Port or Local Notice to Mariners (LNM). form of comments received into any of his designated representative. The our dockets by the name of the sponsor will provide over 35 patrol and 2. Impact on Small Entities individual submitting the comment (or rescue vessels to help facilitate the The Regulatory Flexibility Act of 1980 signing the comment, if submitted on event and ensure public safety. (RFA), 5 U.S.C. 601–612, as amended, behalf of an association, business, labor requires federal agencies to consider the D. Discussion of Proposed Rule union, etc.). You may review a Privacy potential impact of regulations on small Act notice regarding our public dockets The proposed temporary safety zone entities during rulemaking. The term in the January 17, 2008, issue of the will encompass a six mile portion of the ‘‘small entities’’ comprises small Federal Register (73 FR 3316). Colorado River, directly adjacent to businesses, not-for-profit organizations Bullhead City, Arizona and Laughlin, that are independently owned and 4. Public Meeting Nevada. Specifically, the closed portion operated and are not dominant in their We do not now plan to hold a public of the Colorado River includes the fields, and governmental jurisdictions meeting. But you may submit a request waters between Davis Camp and Rotary with populations of less than 50,000. for one, using one of the methods Park in Bullhead City, Arizona. In the The Coast Guard certifies under 5 U.S.C. specified under ADDRESSES. Please interest of public and event participant 605(b) that this proposed rule will not explain why you believe a public safety, general navigation within the have a significant economic impact on meeting would be beneficial. If we safety zone by non-event participants a substantial number of small entities. determine that one would aid this will be restricted. Except for vessels This proposed rule would affect the rulemaking, we will hold one at a time authorized by the Coast Guard Captain following entities, some of which might

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be small entities: The owners or 5. Federalism 11. Indian Tribal Governments operators of private or commercial A rule has implications for federalism vessels intending to transit or anchor in This proposed rule does not have under Executive Order 13132, tribal implications under Executive that portion of the Colorado River Federalism, if it has a substantial direct Order 13175, Consultation and between Davis Camp and Rotary Park effect on the States, on the relationship between 6 a.m. and 6 p.m. on August 9, between the national government and Coordination With Indian Tribal 2014. the States, or on the distribution of Governments, because it would not have a substantial direct effect on one or This safety zone would not have a power and responsibilities among the more Indian tribes, on the relationship significant economic impact on a various levels of government. We have between the Federal Government and substantial number of small entities for analyzed this proposed rule under that Indian tribes, or on the distribution of the following reasons. Although the Order and determined that this rule safety zone would apply to the entire does not have implications for power and responsibilities between the width of the river for a six mile portion federalism. Federal Government and Indian tribes. and a majority of the day, traffic may be 6. Protest Activities 12. Energy Effects allowed to pass through the zone on a The Coast Guard respects the First This proposed rule is not a case-by-case basis with the permission Amendment rights of protesters. ‘‘significant energy action’’ under of the Coast Guard Captain of the Port Protesters are asked to contact the Executive Order 13211, Actions or his designated representative, person listed in the FOR FURTHER Concerning Regulations That working closely with marine event law INFORMATION CONTACT section to enforcement leadership. In addition, coordinate protest activities so that your Significantly Affect Energy Supply, early morning and late afternoon traffic message can be received without Distribution, or Use. can pass through prior to and jeopardizing the safety or security of 13. Technical Standards immediately after the event. The people, places or vessels. reopening of the waterway will occur as This proposed rule does not use 7. Unfunded Mandates Reform Act soon as the waterway is deemed safe. A technical standards. Therefore, we did phased reopening will occur from north The Unfunded Mandates Reform Act not consider the use of voluntary to south as the last participants are of 1995 (2 U.S.C. 1531–1538) requires consensus standards. allowed to enter the waterway on their Federal agencies to assess the effects of six mile floating transit. Before the their discretionary regulatory actions. In 14. Environment effective period, the Coast Guard and particular, the Act addresses actions We have analyzed this proposed rule Bullhead City, Arizona will issue that may result in the expenditure by a under Department of Homeland maritime and local advisories widely State, local, or tribal government, in the Security Management Directive 023–01 available to the users of the waterway. aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or and Commandant Instruction If you think that your business, more in any one year. Though this M16475.lD, which guide the Coast organization, or governmental proposed rule would not result in such Guard in complying with the National jurisdiction qualifies as a small entity an expenditure, we do discuss the Environmental Policy Act of 1969 and that this rule would have a effects of this rule elsewhere in this (NEPA)(42 U.S.C. 4321–4370f), and significant economic impact on it, preamble. have made a preliminary determination please submit a comment (see that this action is one of a category of 8. Taking of Private Property ADDRESSES) explaining why you think it actions that do not individually or qualifies and how and to what degree This proposed rule would not cause a cumulatively have a significant effect on this rule would economically affect it. taking of private property or otherwise the human environment. This proposed 3. Assistance for Small Entities have taking implications under rule involves establishing a temporary Executive Order 12630, Governmental safety zone. This rule is categorically Under section 213(a) of the Small Actions and Interference with excluded from further review under Business Regulatory Enforcement Constitutionally Protected Property paragraph 34(g) of Figure 2–1 of the Fairness Act of 1996 (Pub. L. 104–121), Rights. Commandant Instruction. A preliminary we want to assist small entities in 9. Civil Justice Reform environmental analysis checklist understanding this proposed rule. If the supporting this determination and a rule would affect your small business, This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Categorical Exclusion Determination are organization, or governmental available in the docket where indicated jurisdiction and you have questions Executive Order 12988, Civil Justice Reform, to minimize litigation, under ADDRESSES. We seek any concerning its provisions or options for comments or information that may lead compliance, please contact the person eliminate ambiguity, and reduce burden. to the discovery of a significant listed in the FOR FURTHER INFORMATION environmental impact from this CONTACT, above. The Coast Guard will 10. Protection of Children From proposed rule. not retaliate against small entities that Environmental Health Risks question or complain about this We have analyzed this proposed rule List of Subjects in 33 CFR Part 165 proposed rule or any policy or action of under Executive Order 13045, the Coast Guard. Harbors, Marine safety, Navigation Protection of Children From (water), Reporting and recordkeeping 4. Collection of Information Environmental Health Risks and Safety requirements, Security measures, Risks. This rule is not an economically Waterways. This proposed rule will not call for a significant rule and would not create an new collection of information under the environmental risk to health or risk to For the reasons discussed in the Paperwork Reduction Act of 1995 (44 safety that might disproportionately preamble, the Coast Guard proposes to U.S.C. 3501–3520.). affect children. amend 33 CFR part 165 as follows:

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PART 165—REGULATED NAVIGATION (d) Enforcement. The U.S. Coast Highway, Silver Spring, MD 20910– AREAS AND LIMITED ACCESS AREAS Guard may be assisted by Federal, State 3226. and local agencies in the patrol and Instructions: All comments received ■ 1. The authority citation for part 165 notification of the safety zone. are a part of the public record and will continues to read as follows: (e) Enforcement period. This section generally be posted to http:// Authority: 33 U.S.C. 1231; 46 U.S.C. will be enforced from 6 a.m. to 6 p.m. www.regulations.gov without change. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; on August 9, 2014 unless cancelled All Personal Identifying Information (for 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. earlier by the Captain of the Port. example, name, address, etc.) 107–295, 116 Stat. 2064; Department of Dated: April 15, 2014. voluntarily submitted by the commenter Homeland Security Delegation No. 0170.1. S.M. Mahoney, may be publicly accessible. Do not ■ submit Confidential Business 2. Add § 165.T11–632 to read as Captain, U.S. Coast Guard, Captain of the follows: Port San Diego. Information or otherwise sensitive or protected information. § 165.T11–632 Safety Zone; Bullhead City [FR Doc. 2014–11568 Filed 5–19–14; 8:45 am] NMFS will accept anonymous River Regatta; Bullhead City, AZ. BILLING CODE 9110–04–P comments (enter N/A in the required (a) Regulated area. The following area fields, if you wish to remain is a temporary safety zone: This zone anonymous). You may submit includes six miles of the Colorado River, DEPARTMENT OF COMMERCE attachments to electronic comments in from Davis Camp, Bullhead City, Microsoft Word, Excel, WordPerfect, or Arizona to Rotary Park, Bullhead City, National Oceanic and Atmospheric Adobe PDF file formats only. Arizona. Administration FOR FURTHER INFORMATION CONTACT: Dr. (b) Regulations. Before the effective Shannon Bettridge, Office of Protected period, the Coast Guard will publish a 50 CFR Part 216 Resources, Silver Spring, MD (301) 427– Local Notice to Mariners (LNM). If the 8402. event concludes prior to the scheduled RIN 0648–XD275 termination time, the Captain of the Port SUPPLEMENTARY INFORMATION: Sakhalin Bay-Amur River Beluga will cease enforcement of this safety Background zone and will announce the reopening Whales; Notice of Petition Availability of portions or entire waterway via Section 3(1)(A) of the Marine AGENCY: National Marine Fisheries Mammal Protection Act (MMPA) (16 Broadcast Notice to Mariners. In Service (NMFS), National Oceanic and addition, the following regulations U.S.C. 1362(1)(A)) defines the term Atmospheric Administration (NOAA), ‘‘depletion’’ or ‘‘depleted’’ to include apply: Commerce. (1) Entry into, transit through or any case in which ‘‘the Secretary, after ACTION: Notification of availability; anchoring within this safety zone is consultation with the Marine Mammal request for comment. prohibited unless authorized by the Commission and the Committee of Captain of the Port of San Diego or his Scientific Advisors on Marine Mammals SUMMARY: NMFS has received a petition . . . determines that a species or a designated representative. to ‘‘designate the Sakhalin Bay-Amur (2) Mariners can request permission to population stock is below its optimum River stock of beluga whales sustainable population.’’ Section 3(9) of transit through the safety zone from the (Delphinapterus leucas) as a depleted Patrol Commander. The Patrol the MMPA (16 U.S.C. 1362(9)) defines stock under the Marine Mammal ‘‘optimum sustainable population Commander can be contacted on VHF– Protection Act (MMPA).’’ In accordance FM channels 16 and 23. [(OSP)] . . . with respect to any with the MMPA, NMFS announces the population stock, [as] the number of (3) The operator of any vessel within receipt of the petition and its or in the immediate vicinity of this animals which will result in the availability for public review and is maximum productivity of the safety zone shall: soliciting comments on the petition. (i) Stop the vessel immediately upon population or the species, keeping in DATES: being directed to do so by any Comments must be received by mind the carrying capacity [(K)] of the commissioned, warrant or petty officer close of business on June 19, 2014. habitat and the health of the ecosystem on board a vessel displaying a Coast ADDRESSES: The petition is available in of which they form a constituent Guard Ensign, and electronic form via the Internet at http:// element.’’ NMFS’ regulations at 50 CFR (ii) Proceed as directed by any www.nmfs.noaa.gov/pr/. A copy of the 216.3 clarify the definition of OSP as a commissioned, warrant or petty officer petition may be requested from Chief, population size that falls within a range on board a vessel displaying a Coast Marine Mammal and Sea Turtle from the population level of a given Guard Ensign Conservation Division, Office of species or stock that is the largest (iii) The Coast Guard may be assisted Protected Resources, National Marine supportable within the ecosystem (i.e., by other federal, state, or local agencies. Fisheries Service, 1315 East-West K) to its maximum net productivity (c) Definitions. The following Highway, Silver Spring, MD 20910. level (MNPL). MNPL is the population definition applies to this section: You may submit comments, identified abundance that results in the greatest (1) Captain of the Port San Diego by [NOAA–NMFS–2014–0056], by any net annual increment in population means the Commander, Coast Guard of the following methods: numbers resulting from additions to the Sector San Diego. Electronic Submissions: Submit all population from reproduction, less (2) Designated representative means electronic public comments via the losses due to natural mortality. any commissioned, warrant, or petty Federal eRulemaking Portal http:// The MMPA provides for interested officer of the Coast Guard on board www.regulations.gov. parties to submit a petition to designate Coast Guard, Coast Guard Auxiliary, Mail: Send comments to: Chief, a species or stock of marine mammals and local, state, and federal law Marine Mammal and Sea Turtle as depleted. Section 115(a)(3) of the enforcement vessels who have been Conservation Division, Office of MMPA (16 U.S.C. 1383b(a)(3)) requires authorized to act on the behalf of the Protected Resources, National Marine NMFS to publish a notice in the Federal Captain of the Port. Fisheries Service, 1315 East-West Register that such a petition has been

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received and is available for public DEPARTMENT OF COMMERCE NMFS, 263 13th Avenue South, St. review. Within 60 days of receiving a Petersburg, FL 33701. petition, NMFS must publish a finding National Oceanic and Atmospheric Instructions: Comments sent by any in the Federal Register as to whether Administration other method, to any other address or the petition presents substantial individual, or received after the end of information indicating that the 50 CFR Part 622 the comment period, may not be petitioned action may be warranted. RIN 0648–BD81 considered by NMFS. All comments received are a part of the public record If NMFS makes a positive 60-day Fisheries of the Caribbean, Gulf of and will generally be posted for public finding, NMFS must promptly initiate a Mexico and South Atlantic; viewing on www.regulations.gov review of the status of the affected Amendment 8 to the Fishery without change. All personal identifying population stock of marine mammals. Management Plan for Coral, Coral information (e.g., name, address, etc.), No later than 210 days after receipt of Reefs, and Live/Hardbottom Habitats confidential business information, or the petition, NMFS must publish a of the South Atlantic Region otherwise sensitive information proposed rule as to the status of the submitted voluntarily by the sender will species or stock, along with the reasons AGENCY: National Marine Fisheries be publicly accessible. NMFS will underlying the proposed status Service (NMFS), National Oceanic and accept anonymous comments (enter ‘‘N/ determination. Following a 60-day Atmospheric Administration (NOAA), A’’ in the required fields if you wish to minimum comment period on the Commerce. remain anonymous). Attachments to proposed rule, NMFS must publish a ACTION: Notice of availability; request electronic comments will be accepted in final rule within 90 days of the close of for comments. Microsoft Word, Excel, or Adobe PDF the comment period on the proposed file formats only. SUMMARY: The South Atlantic Fishery rule. Electronic copies of Amendment 8 Management Council (Council) has may be obtained from the Southeast Petition on Sakhalin Bay-Amur River submitted Amendment 8 to the Fishery Regional Office Web site at http:// Beluga Whales Management Plan for Coral, Coral Reefs, sero.nmfs.noaa.gov. Amendment 8 and Live/Hardbottom Habitats of the includes a draft environmental On April 23, 2014, NMFS received a South Atlantic Region (FMP) assessment, a Regulatory Flexibility Act petition from the Animal Welfare (Amendment 8) for review approval, analysis, a Regulatory Impact Review, Institute, Whale and Dolphin and implementation by NMFS. and a Fishery Impact Statement. Conservation, Cetacean Society Amendment 8 proposes actions to FOR FURTHER INFORMATION CONTACT: International and Earth Island Institute expand portions of the northern and Karla Gore, telephone: 727–824–5305. to ‘‘designate the Sakhalin Bay-Amur western boundaries of the Oculina Bank River stock of beluga whales as depleted habitat area of particular concern SUPPLEMENTARY INFORMATION: The under the MMPA.’’ The petition alleges (HAPC) (Oculina Bank HAPC) and allow Magnuson-Stevens Fishery Conservation and Management Act that the causes of the decline include transit through the Oculina Bank HAPC (Magnuson-Stevens Act) requires each the following: by fishing vessels with rock shrimp onboard; modify vessel monitoring regional fishery management council to (1) Large-scale commercial hunting systems (VMS) requirements for rock submit any fishery management plan or from 1915–1963; shrimp fishermen transiting through the amendment to NMFS for review and (2) Unsustainable removal quotas; Oculina Bank HAPC; expand a portion approval, partial approval, or disapproval. The Magnuson-Stevens Act (3) Hunting permits; of the western boundary of the Stetson Reefs, Savannah and East Florida also requires that NMFS, upon receiving (4) Incidental mortality from fishing Lithotherms, and Miami Terrace a plan or amendment, publish an operations; Deepwater Coral HAPC (CHAPC) announcement in the Federal Register (5) Accidental drowning during live- (Stetson-Miami Terrace CHAPC), notifying the public that the plan or capture operations; including modifications to the shrimp amendment is available for review and comment. (6) Vessel strikes; and fishery access area 1; and expand a portion of the northern boundary of the Background (7) Other anthropogenic threats. Cape Lookout Lophelia Banks In accordance with the MMPA, NMFS Deepwater CHAPC (Cape Lookout Recent scientific exploration has announces the receipt of this petition, CHAPC). identified areas of high relief features and its availability for public review and hard bottom habitat outside the DATES: Written comments must be boundaries of the existing HAPCs and (see ADDRESSES). NMFS also solicits received on or before July 21, 2014. CHAPCs. During its 2011 October comments and information related to ADDRESSES: You may submit comments, meeting, the Council’s Coral Advisory the statements in the petition and identified by ‘‘NOAA–NMFS–2014– Panel (AP) (Coral AP) recommended the additional background on the status of 0065’’, by any one of the following Council revisit the boundaries of the Sakhalin Bay-Amur River beluga methods: Oculina Bank HAPC, Stetson-Miami whales. • Electronic submissions: Submit all Terrace CHAPC, and the Cape Lookout Dated: May 13, 2014. electronic public comments via the CHAPC to incorporate areas of Donna S. Wieting, Federal e-Rulemaking Portal. Go to additional deepwater coral habitat that Director, Office of Protected Resources, www.regulations.gov/ were previously uncharacterized. The National Marine Fisheries Service. #!docketDetail;D=NOAA-NMFS-2014- Council reviewed the Coral AP recommendations for expansion of these [FR Doc. 2014–11540 Filed 5–19–14; 8:45 am] 0065, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter areas and associated VMS analyses of BILLING CODE 3510–22–P or attach your comments. rock shrimp fishing activity, and • Mail: Submit written comments to approved the measures for public Karla Gore, Southeast Regional Office, scoping through Comprehensive

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Ecosystem-Based Amendment 3. The area (except for a limited transit (844 square km), and would extend the Council subsequently moved these provision described below) and increase gear prohibitions to the larger area to measures into Amendment 8. The the protection of coral. increase protection of deepwater coral Council’s Coral, Habitat, Deepwater ecosystems. The expansion of the Transit Provision Through Oculina Shrimp, and Law Enforcement APs Stetson-Miami Terrace CHAPC would Bank worked collectively to refine the Coral also provide royal red shrimp fishermen AP recommendations and provided Amendment 8 proposes a transit a new zone adjacent to the existing input to the Council on expanding the provision to allow fishing vessels with shrimp access area A (proposed to be boundaries of the HAPC and CHAPCs rock shrimp onboard to transit the renamed in the rulemaking associated and establishing a transit provision in Oculina Bank HAPC under limited with Amendment 8 to be shrimp access the Oculina Bank HAPC. circumstances. To be considered to be area 1) within which they can haul back The Council approved the in transit, vessels would be required to fishing gear without drifting into an area amendment during its September 2013 maintain a minimum speed of 5 knots, where their gear is prohibited. Thus, meeting and submitted Amendment 8 to maintain a VMS ping (signal) rate of 1 this shrimp fishery access area would be NMFS for agency review under ping per 5 minutes, and a vessel’s gear expanded to include the new haul-back procedures of the Magnuson-Stevens would be required to be appropriately zone if this rule is implemented. Act. stowed (i.e., doors and nets would be A proposed rule that would Management Measures Contained in required to be out of water and onboard implement measures outlined in Amendment 8 the deck or below the deck of the Amendment 8 has been drafted. In vessel). This transit provision would Amendment 8 would expand the accordance with the Magnuson-Stevens allow rock shrimp fishermen with rock boundaries of the Oculina Bank HAPC, Act, NMFS is evaluating Amendment 8 shrimp onboard their vessel to access the Stetson-Miami Terrace CHAPC, and to determine whether it is consistent additional fishing grounds in less time the Cape Lookout CHAPC to protect with the FMP, the Magnuson-Stevens using less fuel than if the fishermen deepwater coral ecosystems. The Act, and other applicable law. If the were required to travel around the amendment would also allow transit determination is affirmative, NMFS will Oculina Bank HAPC. through the Oculina HAPC by fishing publish the proposed rule in the Federal vessels with rock shrimp onboard. In Expansion of the Stetson-Miami Terrace Register for public review and addition, Amendment 8 would modify CHAPC and the Cape Lookout CHAPC comment. the VMS requirements for rock shrimp Consideration of Public Comments fishermen. The Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC were The Councils submitted Amendment Expansion of Oculina Bank HAPC established in 2010 through the 8 for Secretarial review, approval, and The Oculina Bank HAPC was first Comprehensive Ecosystem-Based implementation. Comments received by established in 1984, with Amendment 1 to protect deepwater July 21, 2014, whether specifically implementation of the FMP (49 FR coral ecosystems (75 FR 35330, June 22, directed to the amendment or the 29607, August 22, 1984). Within the 2010). Within the CHAPCs, including proposed rule, will be considered by Oculina Bank HAPC, it is unlawful to the Stetson-Miami Terrace and Cape NMFS in its decision to approve, use a bottom longline, bottom trawl, Lookout CHAPCs, it is unlawful to use disapprove, or partially approve the dredge, pot or trap, and if aboard a a bottom longline, trawl (mid-water or amendment. Comments received after fishing vessel, it is unlawful to anchor, bottom), dredge, pot or trap, and if that date will not be considered by use an anchor and chain, or use a aboard a fishing vessel, it is unlawful to NMFS in this decision. All comments grapple and chain. Additionally, it is anchor, use an anchor and chain, or use received by NMFS on the amendment or unlawful to fish for or possess rock a grapple and chain. Additionally, it is the proposed rule during their shrimp in or from the Oculina Bank unlawful to fish for or possess coral in respective comment periods will be HAPC on board a fishing vessel. or from the CHAPCs on board a fishing addressed in the final rule. Currently, the Oculina Bank HAPC is a vessel. Amendment 8 would increase Authority: 16 U.S.C. 1801 et seq. 289-square mile (749-square km) area. If the size of the Stetson-Miami Terrace implemented, Amendment 8 would CHAPC by 490 square mile (1,269 Dated: May 15, 2014. increase the size of the Oculina HAPC square km), for a total area of 24,018 Emily H. Menashes, by 405.42 square miles (1,050 square square miles (62,206 square km), and Acting Director, Office of Sustainable km), for a total area of 694.42 square increase the size of the Cape Lookout Fisheries, National Marine Fisheries Service. miles (1,798.5 square km) and would CHAPC by 10 square miles (26 square [FR Doc. 2014–11622 Filed 5–19–14; 8:45 am] extend these prohibitions to the larger km), for a total area of 326 square miles BILLING CODE 3510–22–P

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Notices Federal Register Vol. 79, No. 97

Tuesday, May 20, 2014

This section of the FEDERAL REGISTER Programs, Foreign Agricultural Service, upon import levels during the most contains documents other than rules or U.S. Department of Agriculture, Stop recent 3 years. The President delegated proposed rules that are applicable to the 1021, 1400 Independence Avenue SW., this duty to the Secretary of Agriculture public. Notices of hearings and investigations, Washington, DC 20250–1021; by in Presidential Proclamation No. 6763, committee meetings, agency decisions and telephone (202) 720–2916; by fax (202) dated December 23, 1994, 60 FR 1005 rulings, delegations of authority, filing of petitions and applications and agency 720–0876; or by email (Jan. 4, 1995). The Secretary of statements of organization and functions are [email protected]. Agriculture further delegated this duty, examples of documents appearing in this SUPPLEMENTARY INFORMATION: Article 5 which lies with the Administrator of the section. of the WTO Agreement on Agriculture Foreign Agricultural Service (7 CFR provides that additional import duties 2.43(a)(2)). The Annex to this notice may be imposed on imports of products contains the updated quantity trigger DEPARTMENT OF AGRICULTURE subject to tariffication as a result of the levels. Uruguay Round, if certain conditions Foreign Agricultural Service Additional information on the are met. The agreement permits products subject to safeguards and the WTO Agricultural Quantity-Based additional duties to be charged if the additional duties which may apply can Safeguard Trigger Levels price of an individual shipment of be found in subchapter IV of Chapter 99 imported products falls below the of the Harmonized Tariff Schedule of AGENCY: Foreign Agricultural Service, average price for similar goods imported the United States (2014) and in the U.S. Department of Agriculture. during the years 1986–88 by a specified Secretary of Agriculture’s Notice of ACTION: Notice of product coverage and percentage. It also permits additional Uruguay Round Agricultural Safeguard trigger levels for safeguard measures duties to be imposed if the volume of Trigger Levels, published in the Federal provided for in the World Trade imports of an article exceeds the average Register at 60 FR 427 (Jan. 4, 1995). Organization (WTO) Agreement on of the most recent 3 years for which data Notice: As provided in Section 405 of Agriculture. are available by 5, 10, or 25 percent, the Uruguay Round Agreements Act, depending on the article. These consistent with Article 5 of the WTO SUMMARY: This notice lists the updated additional duties may not be imposed Agreement on Agriculture, the safeguard quantity-based trigger levels for on quantities for which minimum or quantity trigger levels previously products which may be subject to current access commitments were made notified are superceded by the levels additional import duties under the during the Uruguay Round negotiations, indicated in the Annex to this notice. safeguard provisions of the WTO and only one type of safeguard, price or The definitions of these products were Agreement on Agriculture. This notice quantity, may be applied at any given provided in the Notice of Safeguard also includes the relevant period time to an article. applicable for the trigger levels on each Section 405 of the Uruguay Round Action published in the Federal of the listed products. Agreements Act requires that the Register, at 60 FR 427 (Jan. 4, 1995). DATES: May 20, 2014. President cause to be published in the Issued at Washington, DC, this 25th day of FOR FURTHER INFORMATION CONTACT: Federal Register information regarding April, 2014. Souleymane Diaby, International Trade the price and quantity safeguards, Suzanne Palmieri, Specialist, Import Policies and Export including the quantity trigger levels, Acting Administrator, Foreign Agricultural Reporting Division, Office of Trade which must be updated annually based Service.

ANNEX-QUANTITY-BASED SAFEGUARD TRIGGER

Product Trigger level Period

Beef ...... 237,876 mt ...... January 1, 2014 to December 31, 2014. Mutton ...... 5,278 mt ...... January 1, 2014 to December 31, 2014. Cream ...... 129,711 liters ...... January 1, 2014 to December 31, 2014. Evaporated or Condensed Milk ...... 952,925 kilograms ...... January 1, 2014 to December 31, 2014. Nonfat Dry Milk ...... 482,615 kilograms ...... January 1, 2014 to December 31, 2014. Dried Whole Milk ...... 3,315,900 kilograms ...... January 1, 2014 to December 31, 2014. Dried Cream ...... 10,935 kilograms ...... January 1, 2014 to December 31, 2014. Dried Whey/Buttermilk ...... 41,537 kilograms ...... January 1, 2014 to December 31, 2014. Butter ...... 6,689,056 kilograms ...... January 1, 2014 to December 31, 2014. Butter Oil and Butter Substitutes ...... 5,321,260 kilograms ...... January 1, 2014 to December 31, 2014. Dairy Mixtures ...... 12,688,511 kilograms ...... January 1, 2014 to December 31, 2014. Blue Cheese ...... 4,499,916 kilograms ...... January 1, 2014 to December 31, 2014. Cheddar Cheese ...... 8,055,448 kilograms ...... January 1, 2014 to December 31, 2014. American-Type Cheese ...... 201,684 kilograms ...... January 1, 2014 to December 31, 2014. Edam/Gouda Cheese ...... 6,927,820 kilograms ...... January 1, 2014 to December 31, 2014. Italian-Type Cheese ...... 18,259,276 kilograms ...... January 1, 2014 to December 31, 2014. Swiss Cheese with Eye Formation ...... 25,055,569 kilograms ...... January 1, 2014 to December 31, 2014. Gruyere Process Cheese ...... 3,293,010 kilograms ...... January 1, 2014 to December 31, 2014. Lowfat Cheese ...... 157,337 kilograms ...... January 1, 2014 to December 31, 2014. NSPF Cheese ...... 46,496,622 kilograms ...... January 1, 2014 to December 31, 2014.

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ANNEX-QUANTITY-BASED SAFEGUARD TRIGGER—Continued

Product Trigger level Period

Peanuts ...... 21,598 mt ...... April 1, 2013 to March 31, 2014. 20,493 mt ...... April 1, 2014 to March 31, 2015. Peanut Butter/Paste ...... 3,789 mt ...... January 1, 2014 to December 31, 2014. Raw Cane Sugar ...... 1,033,635 mt ...... October 1, 2013 to September 30, 2014. 599,416 mt ...... October 1, 2014 to September 30, 2015. Refined Sugar and Syrups ...... 215,423 mt ...... October 1, 2013 to September 30, 2014. 198,613 mt ...... October 1, 2014 to September 30, 2015. Blended Syrups ...... 145 mt ...... October 1, 2013 to September 30, 2014. 60 mt ...... October 1, 2014 to September 30, 2015. Articles Over 65% Sugar ...... 238 mt ...... October 1, 2013 to September 30, 2014. 269 mt ...... October 1, 2014 to September 30, 2015. Articles Over 10% Sugar ...... 14,942 mt ...... October 1, 2013 to September 30, 2014. 15,471 mt ...... October 1, 2014 to September 30, 2015. Sweetened Cocoa Powder ...... 124 mt ...... October 1, 2013 to September 30, 2014. 84 mt ...... October 1, 2014 to September 30, 2015. Chocolate Crumb ...... 8,996,737 kilograms ...... January 1, 2014 to December 31, 2014. Lowfat Chocolate Crumb ...... 173,391 kilograms ...... January 1, 2014 to December 31, 2014. Infant Formula Containing Oligosaccharides ..... 380,061 kilograms ...... January 1, 2014 to December 31, 2014. Mixes and Doughs ...... 178 mt ...... October 1, 2013 to September 30, 2014. 170 mt ...... October 1, 2014 to September 30, 2015. Mixed Condiments and Seasonings ...... 593 mt ...... October 1, 2013 to September 30, 2014. 653 mt ...... October 1, 2014 to September 30, 2015. Ice Cream ...... 2,241,098 liters ...... January 1, 2014 to December 31, 2014. Animal Feed Containing Milk ...... 74,236 kilograms ...... January 1, 2014 to December 31, 2014. Short Staple Cotton ...... 2,385,410 kilograms ...... September 20, 2013 to September 19, 2014. 2,899,397 kilograms ...... September 20, 2014 to September 19, 2015. Harsh or Rough Cotton ...... 60 kilograms ...... August 1, 2013 to July 31, 2014. 0 kilograms ...... August 1, 2014 to July 31, 2015. Medium Staple Cotton ...... 57,587 kilograms ...... August 1, 2013 to July 31, 2014. 57,587 kilograms ...... August 1, 2014 to July 31, 2015. Extra Long Staple Cotton ...... 505,834 kilograms ...... August 1, 2013 to July 31, 2014. 860,694 kilograms ...... August 1, 2014 to July 31, 2015. Cotton Waste ...... 589,849 kilograms ...... September 20, 2013 to September 19, 2014. 443,246 kilograms ...... September 20, 2014 to September 19, 2015. Cotton, Processed, Not Spun ...... 50,873 kilograms ...... September 20, 2013 to September 19, 2014. 4,035 kilograms ...... September 20, 2014 to September 19, 2015.

[FR Doc. 2014–11613 Filed 5–19–14; 8:45 am] project emphasizes fuel reduction DATES: Comments concerning the scope BILLING CODE 3410–10–P activities and habitat management for of the analysis must be received by June the protection and enhancement of late- 19, 2014. The draft environmental successional species. The project area impact statement is expected in August DEPARTMENT OF AGRICULTURE was chosen for treatment based on past 2014 and the final environmental fire history and the existing conditions impact statement is expected in Forest Service that pose a threat to late-successional December 2014. Mendocino National Forest; Upper habitat. ADDRESSES: Send written comments to Lake Ranger District; California; Pine The Pine Mountain LSR is one of the Forest Supervisor, 825 N. Humboldt Mountain Late-Successional Reserve smaller LSRs within the Forest and Avenue, Willows, CA 95988. Comments Habitat Protection and Enhancement provides a link between the Blue Slides may also be sent via email to comments- Project LSR seven miles to the southeast and [email protected], the Sanhedrin LSR, 1.25 miles to the or via facsimile to (530) 934–7384. AGENCY: Forest Service, USDA. north. This LSR also provides a critical A public meeting will be held on May ACTION: Notice of Intent to Prepare an link to State and other Federal lands to 30, 2014 to enable those with interest in Environmental Impact Statement. the south and west. This area is the project to obtain more information, ask questions, and make comments for SUMMARY: The Mendocino National currently part of Northern Spotted Owl Forest, Upper Lake Ranger District, Critical Habitat (Unit 11, Subunit ICC 5), the development of the EIS and the proposes to conduct fuels reduction and a designated land allocation by U.S. alternatives. A field trip the following habitat enhancement treatments on Fish and Wildlife Service, and also day may be held if enough interest is approximately 7,830 acres southwest of includes 1.6 miles of critical habitat for shown. Lake Pillsbury in the Pine Mountain anadromous fish. These habitats are FOR FURTHER INFORMATION CONTACT: vicinity. The Planning Area is 10,200 located within both the LSR and matrix Frank Aebly, at the Upper Lake Ranger acres in size and comprises both Late lands. The Project Area is located District, 10025 Elk Mountain Road, Successional Reserve (LSR) and Matrix approximately 15 miles north of the Upper Lake, CA 95485, (707) 275–2361, land designations. Of the approximately town of Upper Lake, primarily in T18N, or [email protected]. 7,830 acres to be treated, ∼5690 acres are R10W, and portions of T18N, R11W; Individuals who use within the Pine Mountain LSR and T17N, R10W; and T17N, R11W, Mount telecommunication devices for the deaf ∼2,140 acres are in Matrix lands. The Diablo Base Meridian. (TDD) may call the Federal Information

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Relay Service (FIRS) at 1–800–877–8339 following direction provided by the Dated: May 7, 2014. between 8 a.m. and 8 p.m., Eastern LRMP. Sherry A. Tune, Time, Monday through Friday. • Shaded fuel breaks will be Forest Supervisor. SUPPLEMENTARY INFORMATION: constructed following direction [FR Doc. 2014–11609 Filed 5–19–14; 8:45 am] Purpose and Need for Action provided by LSR Assessment to provide BILLING CODE 3410–11–P Treatments in the Pine Mountain area a buffer against fires originating from the west and moving eastward with the are being proposed for several reasons: DEPARTMENT OF AGRICULTURE To reduce the risk to late-successional prevailing winds. The fuel breaks will habitat loss from wildfire through also assist in prescribed fire activities. Natural Resources Conservation vegetative treatments designed to Other proposed activities include road Service modify and restore characteristic fire management such as road maintenance, regimes and forest structure; improve drainage improvement, road Commodity Credit Corporation forest health, vigor, and resilience to decommissioning, temporary road [Docket No. NRCS–2014–0004] fire, insects and disease as well as construction and rehabilitation, and enhance the diversity of plant and non-system trail closures. The Notice of Request for Revision of a animal habitat found within the project Interdisciplinary Team is developing Currently Approved Information area while restoring and enhancing late Collection successional habitat; and to manage design features and Best Management National Forest lands (including roads Practices to protect water, wildlife, AGENCY: Natural Resources and trails) to meet the Aquatic aquatic, archaeological, cultural, and Conservation Service (NRCS) and the Conservation Strategy Objectives and botanical resources. Commodity Credit Corporation (CCC), United States Department of Agriculture direction set forth in the Mendocino Responsible Official National Forest Land and Resource (USDA). Management Plan (LRMP). The Responsible Official for this ACTION: Notice and request for comments. Proposed Action project is Sherry Tune, Forest Supervisor, 825 N. Humboldt Avenue, SUMMARY: In accordance with the The Proposed Action includes the Willows, CA 95988. following treatments to achieve the Paperwork Reduction Act of 1995 (44 desired conditions: Nature of Decision To Be Made U.S.C. Chapter 35), this notice • Fuel treatments may be applied as announces NRCS’ intention to request prescribed fire only or as a combination The Forest Supervisor will decide an extension for, and a revision to, a of prescribed fire with mechanical whether to implement the proposed currently approved information treatments, piling and pile burning. action, take an alternative action that collection for Long-Term Contracting. • Mechanical treatments will include meets the purpose and need, or take no DATES: Effective Date: This is effective mastication or thinning of trees. action. May 20, 2014. Thinning of trees less than 10 inches in Comment Date: Submit comments on diameter at breast height (dbh) will be Scoping Process or before July 21, 2014. implemented by Forest Service This notice of intent initiates the ADDRESSES: Comments should be personnel or through service contracts. scoping process, which guides the submitted, identified by Docket Number NRCS–2014–0004, using any of the Thinning of trees greater than 10 inches development of the environmental dbh will be implemented through a following methods: impact statement. A public meeting will commercial contract. These treatments • Federal eRulemaking Portal: http:// be held on May 30, 2014, to enable are intended to achieve ecological www.regulations.gov. Follow the those with interest in the project to objectives such as restoring a fire- instructions for submitting comments. resilient stand structure, managing for obtain more information, ask questions, • Mail: Public Comments Processing, open habitat (that includes shrubs and and make comments for the Attention: Docket No. NRCS–2014– hardwoods), hastening the development development of the EIS and the 0004, Regulatory and Agency Policy of desired late successional stand alternatives. A field trip the following Team, Strategic Planning and characteristics in plantations as well as day may be held if enough interest is Accountability, Department of accelerating the development and vigor shown. Agriculture, Natural Resources of larger trees outside plantations. It is important that reviewers provide Conservation Service, 5601 Sunnyside Treatments would reduce competition their comments at such times and in Avenue, Building 1–1112D, Beltsville, between trees for onsite resources such such manner that they are useful to the Maryland 20705. as moisture, light, nutrients and growing agency’s preparation of the NRCS will post comments on http:// www.regulations.gov. In general, space; and would reduce overly dense environmental impact statement. personal information provided with stand conditions which have led to Therefore, comments should be comments will be posted. If your declining stand health and provided prior to the close of the comment includes your address, phone uncharacteristic fire regimes. comment period and should clearly • Prescribed fire treatments will be number, email, or other personal articulate the reviewer’s concerns and identifying information, your entire applied in chaparral areas, following contentions. direction provided by the LRMP, to comments, including personal create a mosaic of age classes which Comments received in response to information, may be available to the provides for the development of this solicitation, including names and public. You may ask in your comment heterogeneous chaparral habitat and addresses of those who comment, will that your personal identifying interruption of fuel continuity. be part of the public record for this information be withheld from public • Prescribed fire treatment will be project. Comments submitted view, but this cannot be guaranteed. applied in forested areas with excessive anonymously will be accepted and FOR FURTHER INFORMATION CONTACT: accumulations of natural fuels, considered, however. Decunda Duke-Bozeman, Room 6817

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South Building, Easement Program collection is to allow for programs to management of the property for the life Division, U.S. Department of provide Federal technical and financial of the easement. Agriculture, Natural Resources cost-sharing assistance through long- The information collected through Conservation Service, 1400 term contracts to eligible producers, this package is used by NRCS to ensure Independence Avenue SW., landowners, and entities. These the proper use of program funds. Washington, DC 20250; telephone: (202) contracts provide for making land use 260–9099. The programs in this information changes and installing conservation collection that continue to be subject to SUPPLEMENTARY INFORMATION: measures and practices to conserve, Title: Long-Term Contracting. the requirements of the Paperwork develop, and use the soil, water, and Reduction Act are listed in Table A. OMB Number: 0578–0013. related natural resources on private Expiration Date of Approval: 3 years This request will clarify the programs in lands. Under the terms of the agreement, from date of approval. this information collection. Table B Type of Request: To revise a currently the participant agrees to apply, or shows only the burden for those approved information collection to arrange to apply, the conservation programs that are subject to the update and clarify information in the treatment specified in the conservation requirements of the Paperwork information collection. plan. In return for this agreement, Reduction Act. The two new forms Abstract: The primary objective of Federal financial assistance payments added to this information collection are NRCS is to work in partnership with the are made to the land user, or third party, the Agreements for the Purchase of American people and the farming and upon successful application of the Conservation Easements NRCS–LTP–70 ranching community to conserve and conservation treatment. Additionally, for the Healthy Forests Reserve Program sustain our natural resources on NRCS purchases easements for the long- and the NRCS–LTP–80 for the privately owned land. The purpose of term protection of the property and Emergency Watershed Program the Long-Term Contracting information provides for the protection and Floodplain Easement.

TABLE A—CONSERVATION PROGRAMS SUBJECT TO THE REQUIREMENTS OF THE PAPERWORK REDUCTION ACT

Program Description

Emergency Conservation Program (ECP) (7 CFR part USDA Farm Service Agency’s ECP provides emergency funding and technical as- 701). sistance for farmers and ranchers to rehabilitate farmland damaged by natural dis- asters and for carrying out emergency water conservation measures in periods of severe drought. Funding for ECP is appropriated by Congress. Emergency Watershed Program (EWP) (7 CFR part 624) The EWP was initiated in 1950 and is administered by NRCS. It provides technical and financial assistance to local institutions for the removal of storm and flood de- bris from stream channels and for the restoration of stream channels and levees to reduce the threat to life and property. The program also provides for establishing permanent easements in floodplains with private landowners. Healthy Forests Reserve Program (HFRP) (7 CFR part HFRP is a voluntary program established for the purpose of restoring and enhancing 625). forest ecosystems to: 1) Promote the recovery of threatened and endangered spe- cies; 2) improve biodiversity; and 3) enhance carbon sequestration. The HFRP was signed into law as part of the Healthy Forests Restoration Act of 2003 and amended by the 2008 Act. The Agricultural Act of 2014 made minor changes to HFRP land eligibility and funding. Resource Conservation and Development Program The RC&D was initiated in 1962 and is administered by NRCS. Through this pro- (RC&D). gram, NRCS assists multi-county areas in enhancing conservation, water quality, wildlife habitat, recreation, and rural development. The program provides technical and limited financial assistance for the planning and installation of approved projects. Watershed Protection and Flood Prevention Program The WPFPP, otherwise known as P.L. 566, was initiated in 1954 and is administered (WRFPP) (7 CFR part 622). by NRCS. It assists State and local units of government in flood prevention, water- shed protection, and water management. Part of this effort involves the establish- ment of conservation practices on private lands to reduce erosion, sedimentation, and runoff.

TABLE B—BURDEN FOR REQUIRED PROGRAMS UNDER THE PAPERWORK REDUCTION ACT

Form Purpose Program(s) * Number submitted annually

AD–1153, NRCS–CPA–1200 ...... Application ...... EWP, WPFPP, HFRP ...... 750; Estimated time per partici- pant is .69 per response. AD–1154, NRCS–CPA–1202 ...... Contract or Agreement ...... EWP, HFRP ...... 150; Estimated time per partici- pant is .69 per response. AD–1155, NRCS–CPA–1155 ...... Schedule of Practices/Costs and EWP, WPFPP, HFRP ...... 300; Estimated time per partici- signature sheet. pant is .75 per response. AD–1156, NRCS–CPA–1156 ...... Schedule Modification ...... EWP, WPFPP, HFRP ...... 25; Estimated time per participant is .60 per response. AD–1157 ...... Option Agreement to Purchase ... EWP, HFRP ...... 165; Estimated time per partici- pant is .69 per response. AD–1157A ...... Option Agreement to Purchase EWP, HFRP ...... 120; Estimated time per partici- Amendment. pant is .69 per response. AD–1158 ...... Subordination Agreement and EWP, HFRP ...... 100; Estimated time per partici- Limited Lien Waiver. pant is .69 per response.

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TABLE B—BURDEN FOR REQUIRED PROGRAMS UNDER THE PAPERWORK REDUCTION ACT—Continued

Form Purpose Program(s) * Number submitted annually

AD–1159 ...... Notice of Intent to Continue ...... Not used by any non-exempt pro- grams AD–1160 ...... Compatible Use Authorization ..... EWP, HFRP ...... 200; Estimated time per partici- pant is .66 per response. AD–1161 ...... Application for Payment ...... EWP, HFRP ...... 200; Estimated time per partici- pant is .58 per response. NRCS–CPA–68 ...... Conservation Plan ...... CTA, EWP, HFRP ...... 2,700; Estimated time per partici- pant is .69 per response. NRCS–LTP–13, NRCS–CPA–013 .. Status/Contract Review ...... EWP, WPFPP, HFRP ...... 250; Estimated time per partici- pant is .69 per response. NRCS–LTP–20, NRCS–CPA–260 .. Warranty Easement Deed, Con- EWP, HFRP ...... 150; Estimated time per partici- servation Easement Deed. pant is .69 per response. NRCS–LTP–70 ...... Agreement for the Purchase of HFRP ...... 50; Estimated time per participant Conservation Easement. is .69 per response. NRCS–LTP–80 ...... Agreement for the Purchase of EWP ...... 120; Estimated time per partici- Conservation Easement. pant is .69 per response. NRCS–LTP–151 ...... Contract Violation Notification ...... EWP, HFRP ...... 20; Estimated time per participant is .69 per response. NRCS–LTP–152 ...... Transfer Agreement ...... EWP, HFRP ...... 5; Estimated time per participant is 1.0 per response. NRCS–LTP–153 ...... Agreement Covering Non-Compli- EWP, HFRP ...... 10; Estimated time per participant ance With Provisions of the is .69 per response. Contract. * The number submitted annually provides the number of forms completed by respondents and the approximate number of hours to complete each form. The response time is taken from the forms themselves as identified in the OMB Disclosure Statement where available.

Estimate of Burden: Public reporting Signed this May 2, 2014, in Washington, Consolidated Farm and Rural burden for this collection of information DC. Development Act (Con Act). is as identified by Form in Table B and Jason A. Weller, Consequently, the Agency must comply ranges from .58 hour to 1 hour per Chief, Natural Resources Conservation with the standard ‘rural’ and ‘rural area’ respondent. Service and Vice President, Commodity Credit definition in the Con Act under 7 U.S.C. Corporation. 1991(a)(13). Respondents: Program Participants. [FR Doc. 2014–11680 Filed 5–19–14; 8:45 am] DATES: For Fiscal Year 2014, Estimated Number of Respondents: BILLING CODE 3410–16–P applications for regular IRP funding 5,315. must be received by June 30, 2014, for Estimated Number of Responses per consideration for Fiscal Year 2014 Respondent: 1. DEPARTMENT OF AGRICULTURE funds. Requests for set-aside funding Estimated Total Annual Burden on Rural Business-Cooperative Service must be received by June 19, 2014. Respondents: 3,656.65 hours. Other than the Rural Economic Area Notice of Funding Availability for the Partnership (REAP) set-aside, unused Comments are invited on: (1) Whether Intermediary Relending Program set-aside funding described below will the proposed collection of information be pooled and revert to the national is necessary for the proper performance AGENCY: Rural Business-Cooperative reserve on July 1, 2014. The REAP set- of the functions of the agency, including Service, USDA. aside will terminate after August 15, whether the information will have ACTION: Notice. 2014. Any unused REAP set-aside will practical utility; (2) the accuracy of the revert to the national reserve thereafter. SUMMARY: agency’s estimate of the burden of the This Notice announces $18.9 Applications received after June 30, proposed collection of information million in program funding available for 2014, may be considered for funding in Fiscal Year 2014 for the Intermediary including the validity of the Fiscal Year 2014, subject to availability Relending Program (IRP). The IRP methodology and assumptions used; (3) of funds or will be considered for award provides direct loans to intermediaries ways to enhance the quality, utility, and of funds available in the first quarter of that establish programs for the purpose Fiscal Year 2015, if the Agency clarity of the information to be of providing loans to ultimate recipients collected; and (4) ways to minimize the determines that program requirements for business facilities and community remain substantially unchanged. burden of the collection of information developments in a rural area. The ADDRESSES: SUPPLEMENTARY on those who are to respond, including Agency will make awards each of the See the the use of appropriate automated, remaining Federal fiscal quarters. In the INFORMATION for addresses concerning electronic, mechanical, or other event all program funds are not IRP applications for Fiscal Year 2014 technological collection techniques or obligated in a quarter, the remaining funds. other forms of information technology. unobligated funds will be carried over FOR FURTHER INFORMATION CONTACT: For All responses to this notice will be to the subsequent quarter. further information on this Notice, summarized and included in the request This Notice is being issued in please contact the U.S. Department of for OMB approval. All comments will accordance with the new requirements Agriculture (USDA) Rural Development become a matter of public record. set forth by the Agricultural Act of 2014 State Office for your respective State, as (Farm Bill). The 2014 Farm Bill provided in the SUPPLEMENTARY consolidates IRP’s authority under the INFORMATION section of this Notice.

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SUPPLEMENTARY INFORMATION: ultimate recipients for business facilities requirements specified in 7 CFR and community developments in a 4274.331(b). Fiscal Year 2014 Applications for the ‘rural’ area, as defined in 7 U.S.C. D. Other Eligibility Requirements. Intermediary Relending Program 1991(a)(13). Applications will only be accepted from Applications. Applications and forms B. Statutory Authority. This program eligible intermediaries as described in 7 may be obtained from any Rural is authorized by Section 6017 of the CFR 4274.314(b). Awards each Federal Development State Office. Applicants Farm Bill. 2014 fiscal quarter will be based on must submit an original complete C. Definition of Terms. Other than as ranking with the highest ranking application to the USDA Rural provided herein, the definitions applications being funded first, subject Development State Office in the State applicable to this Notice are published to available funding. where the applicant’s project is located. at 7 CFR 4274.302. E. Completeness Eligibility. All A list of the USDA Rural Development applications must be submitted as a State Offices addresses and telephone II. Award Information complete application, in one package. numbers can be found online at: http:// A. Type of Award: Loan Applications will not be considered for www.rurdev.usda.gov/ B. Fiscal Year Funds: FY 2014 funding if they do not provide sufficient StateOfficeAddresses.html. C. Funding Availability: The Agency information to determine eligibility or Paperwork Reduction Act has available a program level in Fiscal are otherwise not suitable for Year 2014 of $18.9 million. Of this total, evaluation. Such applications will be In accordance with the Paperwork withdrawn. Reduction Act, the information $2.457 million is be available for Native collection requirements associated with American Set-Aside, $4.725 million is IV. Fiscal Year 2014 Application and the IRP, as covered in this Notice, has available for Mississippi Delta Region Submission Information Counties Set-Aside, and $2.314 million been approved by the Office of A. Application Submittal. Loan Management and Budget (OMB) under is available for Rural Economic Area Partnership (REAP) zones Set-Aside. applications must be submitted in paper OMB Control Number 0570–0062. format. Applications may not be Requests for set-aside funding must be submitted by electronic mail. Overview received by June 19, 2014. Except for Applications must be organized in the the REAP set-aside, unused set-aside Federal Agency Name: Rural same order set forth in 7 CFR funding will be pooled and revert to the Business-Cooperative Service. 4274.343(a). To ensure timely delivery, national reserve on July 1, 2014. The Solicitation Opportunity Title: applicants are strongly encouraged to REAP set-aside will be pooled and Intermediary Relending Program. submit their applications using an revert to the national reserve on August Announcement Type: Initial overnight, express, or parcel delivery 16, 2014. IRP regular funding must be announcement. service. Catalog of Federal Domestic Assistance obligated by September 30, 2014. All applicants must have a Dun and Number. The Catalog of Federal Domestic D. Approximate Number of Awards: Bradstreet Data Universal Numbering Assistance Number for this Notice is 10.767. 25 System (DUNS) number, which can be DATES: Completed applications must E. Awards: Intermediaries submitting obtained at no cost via a toll-free request be received in the USDA Rural a loan request may receive a maximum line at 1–866–705–5711 or online at Development State Offices no later than award up to $1 million. Requests for set- http://fedgov.dnb.com/webform. This the Federal fiscal quarter deadline of aside funding may receive a maximum also includes sub-recipients. June 30, 2014, to be considered for award up to $1 million. Please note that applicants can locate funds available in Fiscal Year 2014. F. Anticipated Award Dates: the downloadable application package • Requests for set-aside funding must be August 31, 2014, for applications for this program by the Catalog of received by June 19, 2014. Other than received by June 30, 2014. Federal Domestic Assistance Number, the REAP set-aside, unused set-aside III. Eligibility Information which is 10.767. funding will be pooled and revert to the B. Content and Form of Submission. national reserve on July 1, 2014. The A. Eligible Applicants. To be eligible An application must contain all of the REAP set-aside will be pooled and for this program, the applicant must required elements outlined in 7 CFR revert to the national reserve on August meet the eligibility requirements in 7 4274.343(a). Each application must 16, 2014. Applications received after the CFR 4274.307. Loan applications address the applicable scoring criteria FY 2014 Federal fiscal quarter deadline submitted and approved for funding by presented in 7 CFR 4274.344(c). will be considered for award with other the Agency prior to February 7, 2014, C. Submission Dates and Times. The carryover applications for funds are eligible under the ‘‘rural area’’ original complete application must be available in the first quarter of Fiscal definition at 7 CFR 4274.302. All other received by the USDA Rural Year 2015 provided the Agency applications must meet the definition of Development State Office no later than determines that program requirements ‘‘rural’’ or ‘‘rural area’’ as described in 4:30 p.m. local time by the application remain substantially unchanged. 7 U.S.C. 1991(a)(13) of the 2014 deadline dates listed above, regardless Availability of Notice and Rule. This Consolidated Farm and Rural of the postmark date, in order to be Notice for the IRP is available on the Development Act. considered for funds available in that USDA Rural Development Web site at C. Cost Share Requirements. The IRP Federal 2014 fiscal quarter. http://www.rurdev.usda.gov/BCP_ revolving fund share of the eligible Unless withdrawn by the applicant IRP.html. project cost of an ultimate recipient’s and as long as the Agency determines project funded under this Notice shall that program requirements remain I. Funding Opportunity Description not exceed the lesser of (a) $250,000 or substantially unchanged, completed A. Purpose of the Intermediary (b) 75 percent of the total cost of the applications that have not yet been Relending Program. The program ultimate recipient’s project for which funded will be retained by the Agency purpose is to provide direct loans to the loan is being made. The cost share for consideration in subsequent reviews intermediaries that establish programs requirement shall be met by the through a total of four consecutive for the purpose of providing loans to intermediary in accordance with the quarterly reviews. Applications that

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remain unfunded after four quarterly program or activity conducted or funded loan any MDO may borrow in any given reviews, including the initial quarter in by the Department (Not all prohibited year is $500,000. The commitment of which the application was completed, bases will apply to all programs and/or program dollars will be made to will not be considered further for an employment activities.) applicants of selected responses that award. The applicant must submit a If you wish to file a Civil Rights have fulfilled the necessary new application at that time if it desires program complaint of discrimination, requirements for obligation. further funding consideration. complete the USDA Program All applicants are responsible for any Discrimination Complaint Form (PDF), V. Application Review Information expenses incurred in developing their found online at http:// applications. Awards under this Notice will be www.ascr.usda.gov/complaint_filing_ made on a competitive basis. Each cust.html, or at any USDA office, or call DATES: Applications will be accepted on application received in the USDA Rural (866) 632–9992 to request the form. You a quarterly basis using Federal fiscal Development State Office will be may write a letter containing all of the quarters. Completed applications must reviewed, scored, and ranked in information requested in the form. Send be received in the U.S. Department of accordance with the program your completed complaint from or letter Agriculture (USDA) Rural Development requirements. Applications will be to us by mail at U.S. Department of State Offices no later than the deadline scored based on the applicable scoring Agriculture, Director, Office of of June 30, 2014, to be considered for criteria contained in 7 CFR 4274.344(c). Adjudication, 1400 Independence funds available in FY 2014. VI. Award Administration Information Avenue, SW., Washington, DC 20250– Applications received after a Federal 9410, by fax (202) 690–7442 or email at fiscal quarter deadline will be reviewed Successful applicants will receive [email protected]. and evaluated for funding in the next notification for funding from the USDA Individuals who are deaf, hard of Federal fiscal quarter. Depending on Rural Development State Office. hearing or have speech disabilities and funding availability, eligible Applicants must comply with all wish to file either an EEO or program applications not funded in FY 2014 may applicable statutes and regulations complaint please contact USDA through continue to be considered in FY 2015. before the award will be approved. the Federal Relay Service at (800) 877– Unsuccessful applications will receive 8339 or (800) 845–6136 (in Spanish.) ADDRESSES: Applications and forms may notification by mail. Persons with disabilities, who wish to be obtained from any Rural Development State Office. Applicants VII. Agency Contacts file a program complaint, please see information above on how to contact us must submit an original complete For general questions about this by mail directly or by email. If you application to the USDA Rural Notice, please contact your USDA Rural require alternative means of Development State Office in the State Development State Office as provided in communication for program information where the applicant’s headquarters is the Addresses section of this Notice. (e.g., Braille, large print, audiotape, etc.) located. A list of the USDA Rural Development State Offices addresses Federal Funding Accountability and please contact USDA’s TARGET Center and telephone numbers can be found Transparency Act at (202) 720–2600 (voice and TDD.) online at: http://www.rurdev.usda.gov/ Dated: May 13, 2014. All applicants, in accordance with 2 StateOfficeAddresses.html. CFR part 25, must have a DUNS Ashli Palmer, number, which can be obtained at no Acting Administrator, Rural Business- FOR FURTHER INFORMATION CONTACT: For cost via a toll-free request line at 1–866– Cooperative Service. further information on this Notice, 705–5711 or online at http:// [FR Doc. 2014–11450 Filed 5–19–14; 8:45 am] please contact the USDA Rural fedgov.dnb.com/webform. Similarly, all BILLING CODE 3410–XY–P Development State Office for your grant applicants must be registered in respective State, as provided in the the System for Award Management ADDRESSES section of this Notice. DEPARTMENT OF AGRICULTURE (SAM) prior to submitting an SUPPLEMENTARY INFORMATION: application. Grant applicants may register for the SAM at http:// Rural Business-Cooperative Service Environmental Impact Statement www.sam.gov. All recipients of Federal Notice of Funds Availability for the financial assistance are required to This document has been reviewed in Rural Microentrepreneur Assistance accordance with 7 CFR part 1940, report information about first-tier sub- Program for Fiscal Year 2014 awards and executive total subpart G, ‘‘Environmental Program.’’ compensation in accordance with 2 CFR AGENCY: Rural Business-Cooperative Rural Development has determined that part 170. Service, USDA. this action does not constitute a major Federal action significantly affecting the ACTION: Notice. Nondiscrimination Statement quality of the human environment, and The U.S. Department of Agriculture SUMMARY: This Notice announces the in accordance with the National (USDA) prohibits discrimination against funds available for loans and grants Environmental Policy Act (NEPA) of its customers, employees, and under the Rural Microentrepreneur 1969, 42 U.S.C. 4321 et seq., an applicants for employment on the basis Assistance Program (RMAP) pursuant to Environmental Impact Statement is not of race, color, national origin, age, 7 CFR part 4280, subpart D for fiscal required. disability, sex, gender identity, religion, year (FY) 2014. Paperwork Reduction Act reprisal, and where applicable, political Total Funding: $25,461,661 beliefs, marital status, familial or Microlender TA Grants: $1,500,000 In accordance with the Paperwork parental status, sexual orientation, or Loans: $23,961,661 Reduction Act, the paperwork burden whether all or part of an individual’s The minimum loan amount a associated with this Notice has been income is derived from any public Microenterprise Development approved by the Office of Management assistance program, or protected genetic Organization (MDO) may borrow under and Budget (OMB) under OMB Control information in employment or in any this program is $50,000. The maximum Number 0570–0062.

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Overview B. Fiscal Year Funds: FY 2014 initial or subsequent loan only (without Federal Agency Name: Rural C. Total Funding: $25,461,661 a microlender TA grant). A MDO does Business-Cooperative Service (an Microlender TA Grants: $1,500,000 not need to submit an application for its agency of the U.S. Department of Loans: $23,961,661 microlender TA grant. The procedures for annual microlender TA grants are Agriculture in the Rural Development D. Approximate Number of Awards: addressed in section VI. mission area). 50 Loan applications must be submitted E. Anticipated Award Date: Fourth Solicitation Opportunity Title: Rural in paper format. If applications are Microentrepreneur Assistance Program. Quarter, September 1, 2014 submitted in paper format, they must be Announcement Type: Initial In the event some program funds bound in a 3-ring binder and must be announcement. allocated for a particular quarter of FY organized in the same order set forth in Catalog of Federal Domestic 2014 are not obligated, the remaining 7 CFR 4280.315. To ensure timely Assistance Number (CFDA): The CFDA unobligated funds will be carried over delivery, applicants are strongly number for this Notice is 10.870. to the next Federal fiscal quarter. Any encouraged to submit their applications Dates: Applications will be accepted FY 2014 funds not obligated under this using an overnight, express, or parcel on a quarterly basis using Federal fiscal Notice will be carried over into FY delivery service. quarters. Completed applications must 2015. Federal Funding Accountability and be received in the U.S. Department of III. Eligibility Information Transparency Act. All applicants, in Agriculture (USDA) Rural Development accordance with 2 CFR Part 25, must State Offices no later than the deadline A. Eligible Applicants. To be eligible have a Dun and Bradstreet Data of June 30, 2014, to be considered for for this program, the applicant must Universal Number System (DUNS) funds available in FY 2014. meet the eligibility requirements in 7 number, which can be obtained at no Applications received after a Federal CFR 4280.310. As mentioned later in cost via a toll-free request line at 1–866– fiscal quarter deadline will be reviewed this Notice regarding corporate Federal 705–5711 or online at http:// and evaluated for funding in the next tax delinquencies, applicants that are fedgov.dnb.com/webform. Similarly, all Federal fiscal quarter. Depending on not delinquent on any Federal debt or applicants for grants must be registered funding availability, eligible otherwise disqualified from in the System for Award Management applications not funded in FY 2014 may participation in this program are eligible (SAM) prior to submitting an continue to be considered in FY 2015. to apply. All other restrictions in this application. Applicants may register for Availability of Notice and Rule. This Notice will apply. the SAM at http://www.sam.gov. All Notice and the interim rule for RMAP B. Cost Share Requirements. The recipients of Federal financial assistance are available on the USDA Rural Federal share of the eligible project cost are required to report information about Development Web site at http:// of a microborrower’s project funded first-tier sub-awards and executive total _ www.rurdev.usda.gov/BCP RMAP.html. under this Notice shall not exceed 75 compensation in accordance with 2 CFR percent. The cost share requirement I. Funding Opportunity Description Part 170. shall be met by the microlender in B. Content and Form of Submission. A. Purpose of the Program. The accordance with the requirements An application must contain all of the purpose of RMAP is to support the specified in 7 CFR 4280.311(d). required elements outlined in 7 CFR development and ongoing success of C. Matching Fund Requirements. The 4280.315. Each application must rural microentrepreneurs and MDO is required to provide a match of address the applicable scoring criteria microenterprises (businesses generally not less than 15 percent of the total presented in 7 CFR 4280.316 for the with 10 employees or fewer and in need amount of the grant in the form of type of funding being requested. of financing in the amount of $50,000 or matching funds, indirect costs, or in- C. Submission Dates and Times. The less as defined in 7 CFR 4280.302). kind goods or services. original complete application must be Assistance provided to rural areas D. Other Eligibility Requirements. received by the USDA Rural under this program may include the Applications will only be accepted from Development State Office no later than provision of loans and grants to rural eligible MDOs. Eligible MDOs must 4:30 p.m. local time by the application MDOs for the provision of microloans to score a minimum of 70 points out of 100 deadline dates listed above, regardless rural microenterprises and points to be considered to receive an of the postmark date, in order to be microentrepreneurs; provision of award. Awards each Federal fiscal considered for funds available in that business-based training and technical quarter will be based on ranking with Federal fiscal quarter. assistance to rural microborrowers and the highest ranking applications being Unless withdrawn by the applicant, potential microborrowers; and other funded first, subject to available completed applications that receive a such activities as deemed appropriate funding. score of at least 70 (the minimum by the Secretary to ensure the E. Completeness Eligibility. All required to be considered for funding), development and ongoing success of applications must be submitted as a but have not yet been funded, will be rural microenterprises. complete application, in one package. retained by the Agency for B. Statutory Authority. The RMAP is Applications will not be considered for consideration in subsequent reviews authorized by Section 379E of the funding if they do not provide sufficient through a total of four consecutive Consolidated Farm and Rural information to determine eligibility or quarterly reviews. Applications that Development Act (7 USC 2008s). are unbound, falling apart, or otherwise remain unfunded after four quarterly Regulations are contained in 7 CFR part not suitable for evaluation. Such reviews, including the initial quarter in 4280, subpart D. applications will be withdrawn. which the application was competed, C. Definition of Terms. The IV. Fiscal Year 2014 Application and will not be considered further for an definitions applicable to this Notice are Submission Information award. published at 7 CFR 4280.302. A. Application Submittal. MDOs may V. Application Review Information II. Award Information submit an initial application for a loan Awards under this Notice will be A. Type of Award: Loan and/or Grant with a microlender TA grant or an made on a competitive basis each

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Federal fiscal quarter. Each application VII. Award Administration Information Dated: May 1, 2014. received in the USDA Rural Lillian E. Salerno, Successful applicants will receive Development State Office will be notification for funding from the USDA Administrator, Rural Business-Cooperative reviewed, scored, and ranked to Service. Rural Development State Office. determine if it is consistent with the Applicants must comply with all [FR Doc. 2014–11447 Filed 5–19–14; 8:45 am] program requirements. Applications applicable statutes and regulations BILLING CODE 3410–XY–P will be scored based on the applicable before the award will be approved. scoring criteria contained in 7 CFR Unsuccessful applications will receive 4280.316. Failure to address any of the notification by mail. DEPARTMENT OF COMMERCE applicable scoring criteria will result in a zero-point score for that section. An VIII. Agency Contacts Bureau of Industry And Security application must receive at least 70 For general questions about this Order Denying Export Privileges points to be considered for funding in Notice, please contact your USDA Rural the quarter in which it is scored. Development State Office as provided in In the Matter of: VI. Subsequent Annual Microlender the Addresses section of this Notice. Juan Victorian Gimenez, Inmate #—95463– Technical Assistance Grants 004, FPC Duluth, Federal Prison Camp, Nondiscrimination Statement P.O. Box 1000, Duluth, MN 55814 In accordance with 7 CFR 4280–D, The U.S. Department of Agriculture On March 21, 2012, in the U.S. section 4280.313(b)(2), ‘‘Microlender (USDA) prohibits discrimination against District Court, Southern District of Technical Assistance (TA) grants will be its customers, employees, and Florida, Juan Victorian Gimenez limited to an amount equal to not more applicants for employment on the bases (‘‘Gimenez’’), was convicted of violating than 25 percent of the total outstanding of race, color, national origin, age, Section 38 of the Arms Export Control balance of microloans made under this disability, sex, gender identity, religion, Act (22 U.S.C. 2778 (2006 & Supp. IV program and active by the microlender reprisal, and where applicable, political 2010)) (‘‘AECA’’). Specifically, Gimenez as of the date the grant is awarded for beliefs, marital status, familial or knowingly and willfully attempted to the first $400,000 plus an additional 5 parental status, sexual orientation, or all export defense articles, that is AR–15/ percent of the loan amount owed by the or part of an individual’s income is M–16 firearm barrels, receivers, microborrowers to the lender under this derived from any public assistance components, parts and accessories, from program over $400,000 up to and program, or protected genetic the United States to Honduras, without including $2.5 million. Funds cannot be information in employment or in any having first obtained a license or written used to pay off the loans. Any grant program or activity conducted or funded approval from the United States dollars obligated, but not spent, from by the Department. (Not all prohibited Department of State. Gimenez was the initial grant, will be subtracted from bases will apply to all programs and/or sentenced to 63 months of the subsequent year grant to ensure that employment activities.) imprisonment and two years of obligations cover only microloans made If you wish to file a Civil Rights supervised release, and fined a $100 and active.’’ program complaint of discrimination, assessment. Gimenez is also listed on complete the USDA Program the U.S. Department of State Debarred To determine the Microlender TA Discrimination Complaint Form (PDF), List. Grant awards for FY 2014, the Agency found online at http:// Section 766.25 of the Export will use the Microlender’s outstanding www.ascr.usda.gov/complaint_filing_ Administration Regulations (‘‘EAR’’ or balance of microloans as of June 30, cust.html, or at any USDA office, or call ‘‘Regulations’’) 1 provides, in pertinent 2014, to calculate this amount. MDO’s (866) 632–9992 to request the form. You part, that ‘‘[t]he Director of the Office of that are eligible for an annual grant may may also write a letter containing all of Exporter Services, in consultation with apply. the information requested in the form. the Director of the Office of Export Awards will be determined non- Send your completed complaint form or Enforcement, may deny the export competitively based on Agency letter to us by mail at U.S. Department privileges of any person who has been appropriations for the fiscal year. The of Agriculture, Director, Office of convicted of a violation of the Export MDO must submit a prescribed Adjudication, 1400 Independence Administration Act (‘‘EAA’’), the EAR, worksheet listing the outstanding Avenue SW., Washington, DC 20250– or any order, license or authorization balance of their microloans and 9410, by fax (202) 690–7442 or email at issued thereunder; any regulation, unexpended grant funds as of the date [email protected]. license, or order issued under the of their request and a letter certifying Individuals who are deaf, hard of International Emergency Economic that their organization still meets all the hearing, or have speech disabilities and Powers Act (50 U.S.C. 1701–1706); 18 requirements set forth in 7 CFR 4280 you wish to file either an EEO or U.S.C. 793, 794 or 798; section 4(b) of and that no significant changes have program complaint please contact the Internal Security Act of 1950 (50 occurred within the last year that would USDA through the Federal Relay affect its ability to carry out their MDO Service at (800) 877–8339 or (800) 845– 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– functions. In addition, all MDOs who 6136 (in Spanish). 774 (2013). The Regulations issued pursuant to the request Subsequent Annual Microlender Persons with disabilities, who wish to Export Administration Act (50 U.S.C. app. §§ 2401– Technical Assistance Grants must file a program complaint, please see 2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the complete their reporting into the information above on how to contact us EAA has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, Lenders Interactive Network Connection by mail directly or by email. If you 2001 Comp. 783 (2002)), which has been extended (LINC) for the Federal fiscal quarter require alternative means of by successive Presidential Notices, the most recent ending June 30, 2014. The deadline for communication for program information being that of August 8, 2013 (78 FR 49107 (August reporting into LINC and requesting TA (e.g., Braille, large print, audiotape, etc.) 12, 2013)), has continued the Regulations in effect under the International Emergency Economic grant is no later than 4:30 p.m. (local please contact USDA’s TARGET Center Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. time) on July 31, 2014. at (202) 720–2600 (voice and TDD). IV 2010)).

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U.S.C. 783(b)), or section 38 of the Arms C. Benefitting in any way from any Order and must comply with the Export Control Act (22 U.S.C. 2778).’’ 15 transaction involving any item exported provisions of Part 756 of the CFR 766.25(a); see also Section 11(h) of or to be exported from the United States Regulations. the EAA, 50 U.S.C. app. § 2410(h). The that is subject to the Regulations, or in VI. A copy of this Order shall be denial of export privileges under this any other activity subject to the delivered to the Gimenez. This Order provision may be for a period of up to Regulations. shall be published in the Federal 10 years from the date of the conviction. II. No person may, directly or Register. 15 CFR 766.25(d); see also 50 U.S.C. indirectly, do any of the following: A. Export or reexport to or on behalf Issued this 9th day of May, 2014. app. § 2410(h). In addition, Section Eileen M. Albanese, 750.8 of the Regulations states that the of the Denied Person any item subject to Acting Director, Office of Exporter Services. Bureau of Industry and Security’s Office the Regulations; of Exporter Services may revoke any B. Take any action that facilitates the [FR Doc. 2014–11672 Filed 5–19–14; 8:45 am] Bureau of Industry and Security (‘‘BIS’’) acquisition or attempted acquisition by BILLING CODE P licenses previously issued in which the the Denied Person of the ownership, person had an interest in at the time of possession, or control of any item DEPARTMENT OF COMMERCE his conviction. subject to the Regulations that has been or will be exported from the United I have received notice of Gimenez’s International Trade Administration conviction for violating the AECA, and States, including financing or other have provided notice and an support activities related to a [A–570–916] opportunity for Gimenez to make a transaction whereby the Denied Person written submission to BIS, as provided acquires or attempts to acquire such Laminated Woven Sacks From the in Section 766.25 of the Regulations. I ownership, possession or control; People’s Republic of China: Notice of have received a submission from C. Take any action to acquire from or Court Decision Not in Harmony With Gimenez. to facilitate the acquisition or attempted Final Results and Amended Final acquisition from the Denied Person of Based upon my review and Results of the Antidumping Duty any item subject to the Regulations that consultations with BIS’s Office of Administrative Review; 2009–2010 has been exported from the United Export Enforcement, including its States; AGENCY: Enforcement and Compliance, Director, and the facts available to BIS, D. Obtain from the Denied Person in International Trade Administration, I have decided to deny Gimenez’s the United States any item subject to the Department of Commerce. export privileges under the Regulations Regulations with knowledge or reason SUMMARY: On December 13, 2013, the for a period of 10 years from the date of to know that the item will be, or is United States Court of Appeals for Gimenez’s conviction. I have also intended to be, exported from the Federal Circuit (CAFC), issued its decided to revoke all licenses issued United States; or decision in AMS Associates, Inc. v. pursuant to the Act or Regulations in E. Engage in any transaction to service United States, 737 F.3d 1338 (CAFC which Gimenez had an interest at the any item subject to the Regulations that 2013) (AMS II), affirming the Court of time of his conviction. has been or will be exported from the International Trade’s (CIT) decision in Accordingly, it is hereby United States and which is owned, AMS Associates, Inc. v. United States, Ordered possessed or controlled by the Denied 881 F. Supp. 2d 1374 (CIT 2012) (AMS I. Until March 21, 2022, Juan Person, or service any item, of whatever I). In AMS I, the CIT held that the Victorian Gimenez, with a last known origin, that is owned, possessed or Department of Commerce (the address at: Inmate #—95463–004, FPC controlled by the Denied Person if such Department) exceeded its authority Duluth, Federal Prison Camp, P.O. Box service involves the use of any item under 19 CFR 351.225(l) by retroactively 1000, Duluth, MN 55814, and when subject to the Regulations that has been suspending liquidation of entries of acting for or on behalf of Gimenez, his or will be exported from the United laminated woven sacks (LWS) produced representatives, assigns, agents or States. For purposes of this paragraph, in the People’s Republic of China (PRC) employees (the ‘‘Denied Person’’), may servicing means installation, using fabric imported from third- not, directly or indirectly, participate in maintenance, repair, modification or countries. Accordingly, the CIT any way in any transaction involving testing. remanded the case and ordered the any commodity, software or technology III. After notice and opportunity for Department to issue instructions to U.S. (hereinafter collectively referred to as comment as provided in Section 766.23 Customs and Border Protection (CBP) to ‘‘item’’) exported or to be exported from of the Regulations, any other person, lift the suspension of liquidation and the United States that is subject to the firm, corporation, or business liquidate the affected entries without Regulations, including, but not limited organization related to Gimenez by regard to duties. Consistent with the to: affiliation, ownership, control or decision of the CAFC in Timken,1 as A. Applying for, obtaining, or using position of responsibility in the conduct clarified by Diamond Sawblades,2 the any license, License Exception, or of trade or related services may also be Department is notifying the public that export control document; subject to the provisions of this Order if the final judgment in this case is not in B. Carrying on negotiations necessary to prevent evasion of the harmony with the Department’s AR2 concerning, or ordering, buying, Order. Final Results,3 that it will liquidate the receiving, using, selling, delivering, IV. This Order is effective storing, disposing of, forwarding, immediately and shall remain in effect 1 See Timken Co. v. United States, 893 F.2d 337 transporting, financing, or otherwise until March 21, 2022. (Fed. Cir. 1990) (‘‘Timken’’). servicing in any way, any transaction V. In accordance with Part 756 of the 2 See Diamond Sawblades Mfrs. Coalition v. involving any item exported or to be Regulations, Gimenez may file an United States, 626 F.3d 1374 (Fed. Cir. 2010) exported from the United States that is appeal of this Order with the Under (‘‘Diamond Sawblades’’). 3 Secretary of Commerce for Industry and See Laminated Woven Sacks From the People’s subject to the Regulations, or in any Republic of China: Final Results of Second other activity subject to the Regulations; Security. The appeal must be filed Antidumping Duty Administrative Review, 76 FR or within 45 days from the date of this 21333 (April 15, 2011) (‘‘AR2 Final Results’’).

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entries at issue in AMS I and AMS II Following the preliminary results, the administrative review and filed its case without regard to duties, and that it is Department issued additional brief, contending that the Department’s amending the effective date of its instructions to CBP to mitigate country of origin determination in the country of origin determination inaccurate reporting of entries arising first administrative review was regarding LWS produced in the PRC from the technical restrictions of CBP’s procedurally erroneous and that the from imported fabric. electronic filing system. These Department had no statutory or DATES: Effective Date: March 24, 2014. instructions created a series of 10-digit regulatory basis to issue suspension instructions to CBP in the context of an FOR FURTHER INFORMATION CONTACT: case numbers to allow LWS produced in annual administrative review. However, Irene Gorelik, Office V, Enforcement the PRC from fabric originating in a AMS did not challenge the and Compliance, International Trade third country to be properly claimed as Department’s (1) country of origin Administration, U.S. Department of LWS subject to the Order upon entry 7 determination on LWS produced in the Commerce, 14th Street and Constitution into the United States. In its March 18, 2011 final results, the PRC from imported fabric, (2) Avenue NW., Washington, DC, 20230; Department finalized its country of preliminary determination of Zibo telephone: (202) 482–6905. origin determination and continued to Aifudi’s ineligibility for a separate rate, SUPPLEMENTARY INFORMATION: find that the LWS finishing process, (3) application of adverse facts available Background which includes lamination and printing to the PRC-wide entity, or (4) the processes, substantially transforms the adverse facts available rate applied to On August 7, 2008, the Department inherent nature of the woven fabric the PRC-wide entity. In the AR2 Final issued an antidumping duty order on Results, the Department continued to 4 input. The Department also continued LWS from the PRC. The scope of the to find that, when such substantial find that the application of adverse facts Order stated that: transformation takes place in the PRC, available was warranted for the PRC- The merchandise covered by this the country of origin for the produced wide entity and that it followed the investigation is laminated woven sacks. LWS is the PRC.8 correct procedures in making the Laminated woven sacks are bags or sacks country of origin determination in the consisting of one or more plies of fabric Second Administrative Review prior review.11 consisting of woven polypropylene strip and/ On September 29, 2010, the Court Rulings or woven polyethylene strip, regardless of the Department initiated the second width of the strip; with or without an Subsequently, AMS challenged the extrusion coating of polypropylene and/or administrative review of LWS from the 9 Department’s AR2 Final Results, arguing polyethylene on one or both sides of the PRC. Because parties only requested a fabric; laminated by any method either to an review of Zibo Aifudi Plastic Packaging that the Department did not act in exterior ply of plastic film such as biaxially- Co. Ltd. (Zibo Aifudi), we initiated the accordance with its own regulations by oriented polypropylene (‘‘BOPP’’) or to an review with Zibo Aifudi as the sole conducting a scope analysis during the exterior ply of paper that is suitable for high mandatory respondent. Thereafter, Zibo course of the first administrative review quality print graphics; printed with three Aifudi notified the Department of its and exceeded its authority by issuing colors or more in register; with or without intent to withdraw from the review and instructions to CBP to suspend LWS lining; whether or not closed on one end; refused to participate in the review. produced in the PRC from imported whether or not in roll form (including sheets, fabric.12 On December 18, 2012, the CIT lay-flat tubing, and sleeves); with or without Thus, in the preliminary results, we determined that, because Zibo Aifudi held that the Department exceeded its handles; with or without special closing authority by suspending liquidation of features; not exceeding one kilogram in failed to respond to the Department’s weight. Laminated woven sacks are typically antidumping duty questionnaires and all entries of LWS produced in the PRC used for retail packaging of consumer goods withdrew its participation from the from imported fabric, which AMS such as pet foods and bird seed. review, it was not eligible for a separate reported as non-subject merchandise rate and should treated as part of the based solely on the country of origin of 13 First Administrative Review PRC-wide entity, to which we the fabric input. The CIT remanded the case and ordered the Department to In the first administrative review of subsequently assigned an adverse facts issue instructions to CBP to lift the the antidumping duty order on LWS available rate.10 AMS Associates, Inc., (d/b/a Shapiro suspension and liquidate the affected from the PRC, the Department entries (LWS produced in the PRC from preliminarily determined that the Packaging) (AMS), the U.S. importer of LWS exported by Zibo Aifudi, entered imported fabric) without regard to country of origin of LWS produced in 14 an appearance in the second duties. the PRC from imported woven fabric is On December 21, 2012, the United 5 the PRC. As a result, the Department States moved to stay execution of the issued instructions notifying CBP to PRC that were entered or withdrawn from warehouse for consumption on or after January 31, judgment pending appeal. On January continue suspending liquidation of all 2008). 11, 2013, the CIT granted the United LWS from the PRC, regardless of the 7 See CBP Message No. 0327303 (November 23, States’ motion and ordered that country of origin of the woven fabric, 2010); see also CBP Message No. 0327306 execution of the judgment, including (November 23, 2010). consistent with the suspension of liquidation of the entries at issue, be 8 See Laminated Woven Sacks from the People’s liquidation instructions issued stayed through the conclusion of any 6 Republic of China: Final Results of First following the Order. Antidumping Order Administrative Review, 76 FR appeal. 14906, 14906–07 (March 18, 2011) (‘‘AR1 Final On appeal, the CAFC affirmed the 4 See Notice of Antidumping Duty Order: Results’’) and accompanying Issues and Decision CIT’s judgment, holding that the Laminated Woven Sacks from the People’s Republic Memorandum at Comments 1b and 1d. Department (1) erred in failing to of China, 73 FR 45941 (August 7, 2008) (‘‘Order’’). 9 See Initiation of Antidumping and 5 See Laminated Woven Sacks from the People’s Countervailing Duty Administrative Reviews and Republic of China: Preliminary Results of Requests for Revocation in Part, 75 FR 60076 11 See AR2 Final Results, 76 FR at 21334, and Antidumping Duty Administrative Review, 75 FR (September 29, 2010). accompanying Issues and Decision Memorandum at 55568, 55569 (September 13, 2010). 10 See Laminated Woven Sacks From the People’s Comment 1. 6 See CBP Message No. 020431 (July 23, 2010); see Republic of China: Preliminary Results of the 12 See AMS I, 881 F. Supp. 2d at 1378–79. also CBP Message No. 8234202 (August 21, 2008) Second Administrative Review, 75 FR 81218 13 See id., at 1382–83. (ordering CBP to suspend imports of LWS from the (December 27, 2010). 14 See id., at 1383.

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conduct a formal scope inquiry in this DEPARTMENT OF COMMERCE of PET film from Brazil for the period case because the scope of the original November 1, 2012 through October 31, antidumping order was unclear, and (2) International Trade Administration 2013. exceeded its authority under 19 CFR [A–351–841] 351.225(l)(2) by ordering the suspension Assessment of liquidation retroactive to the Polyethylene Terephthalate Film, The Department will instruct U.S. beginning of the period of review when Sheet, and Strip From Brazil: Customs and Border Protection (CBP) to the order did not clearly cover LWS Rescission of Antidumping Duty assess antidumping duties on all manufactured in the PRC from imported Administrative Review; 2012–2013 appropriate entries. Antidumping duties fabrics.15 AGENCY: Enforcement and Compliance, shall be assessed at rates equal to the Timken Notice International Trade Administration, cash deposit of estimated antidumping Department of Commerce. duties required at the time of entry, or In its decision in Timken, 893 F.2d at SUMMARY: The Department of Commerce withdrawal from warehouse, for 341, as clarified by Diamond Sawblades, (the Department) is rescinding the consumption, in accordance with 19 the CAFC held that, pursuant to section administrative review of the CFR 351.212(c)(1)(i). The Department 516A(e) of the Act, the Department must antidumping duty order on intends to issues appropriate assessment publish a notice of a court decision that polyethylene terephthalate film, sheet, instructions to CBP 15 days after the is not ‘‘in harmony’’ with a Department and strip (PET film) from Brazil for the publication of this notice. determination and must suspend period November 1, 2012 through liquidation of entries pending a Notifications October 31, 2013. ‘‘conclusive’’ court decision. The CAFC’s December 13, 2013, judgment in DATES: Effective Date: May 20, 2014. This notice serves as a final reminder AMS II constitutes a final decision of FOR FURTHER INFORMATION CONTACT: to importers of their responsibility that court that is not in harmony with Tyler Weinhold or Robert James, under 19 CFR 351.402(f)(2) to file a the AR2 Final Results. This notice is Enforcement and Compliance, certificate regarding the reimbursement published in fulfillment of the International Trade Administration, of antidumping duties prior to publication requirements of Timken. U.S. Department of Commerce, 14th liquidation of the relevant entries Accordingly, as instructed, the Street and Constitution Avenue NW., during this review period. Failure to Department will lift the suspension of Washington, DC 20230; telephone (202) comply with this requirement could liquidation of the entries at issue. 482–1121 or (202) 482–0649, result in the Department’s presumption respectively. Amended Final Results that reimbursement of antidumping SUPPLEMENTARY INFORMATION: On duties occurred and the subsequent Because there is now a final court December 30, 2013, based on a timely assessment of doubled antidumping decision, we are amending the AR2 request by DuPont Teijin Films, duties. Final Results to reflect the results of the Mitsubishi Polyester Film, Inc. and This notice also serves as a final litigation. The revised effective date of SKC, Inc. (collectively, petitioners), the reminder to parties subject to the Department’s country of origin Department published in the Federal administrative protective order (APO) of determination is now the publication Register a notice of initiation of an their responsibility concerning the date of the final results of the first administrative review of the return or destruction of proprietary administrative review, March 18, antidumping duty order on PET film information disclosed under APO in 2011.16 Accordingly, the Department from Brazil covering the period accordance with 19 CFR 351.305, which will instruct CBP to liquidate entries of November 1, 2012 through October 31, LWS produced in the PRC from 2013.1 The review covers one firm, continues to govern business imported fabric that were entered, or Terphane, Ltda. (Terphane). On March proprietary information in this segment withdrawn from warehouse, for 31, 2014, petitioners withdrew their of the proceeding. Timely written consumption, before March 18, 2011 request for review of Terphane. notification of the return or destruction without regard to duties.17 The of APO materials, or conversion to Rescission of Review Department will release the draft judicial protective order, is hereby instructions to interested parties prior to Pursuant to 19 CFR 351.213(d)(1), the requested. Failure to comply with the transmission of these instructions to Department will rescind an regulations and terms of an APO is a CBP. administrative review if the party that violation which is subject to sanction. This notice is issued and published in requested the review withdraws its This notice is issued and published in accordance with sections 516A(e), request within 90 days of the date of accordance with section 751 of the 751(a)(1), and 777(i)(1) of the Act. publication of the notice of initiation of Tariff Act of 1930, as amended, and 19 the requested review. Petitioners CFR 351.213(d)(4). Dated: May 14, 2014. withdrew their request within the 90- Ronald K. Lorentzen, day deadline.2 No other party requested Dated: May 13, 2014. Acting Assistant Secretary for Enforcement an administrative review of this Christian Marsh, and Compliance. antidumping duty order. As a result, we Deputy Assistant Secretary for Antidumping [FR Doc. 2014–11693 Filed 5–19–14; 8:45 am] are rescinding the administrative review and Countervailing Duty Operations. BILLING CODE 3510–DS–P [FR Doc. 2014–11673 Filed 5–19–14; 8:45 am] 1 See Initiation of Antidumping Duty and Countervailing Duty Administrative Reviews, and BILLING CODE 3510–DS–P 15 See AMS II, 737 F.3d at 1344. Request for Revocation, in Part, 78 FR 79392 16 See AR1 Final Results, 76 FR at 14906. (December 30, 2013). 17 See AMS II, 737 F.3d at 1344 (affirming a 2 The 90-day deadline fell on Sunday, March 30, remand to lift the liquidation suspension for the 2014; therefore, petitioners had until the next entries which were the subject of the AMS business day, or Monday, March 31, 2014, to litigation). withdraw their request for review.

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DEPARTMENT OF COMMERCE dumping and the subsidy rates likely to specifications) including API A–25, prevail were the orders to be revoked.2 5LA, 5LB, and X grades from 42 and International Trade Administration On May 8, 2014, the USITC published above, and/or any other proprietary its determination, pursuant to section grades or non-graded material. [A–570–935, C–570–936] 751(c)(1) and section 752(a) of the Act, Nevertheless, all pipe meeting the that revocation of the AD and CVD physical description set forth above that Circular Welded Carbon Quality Steel orders on circular welded carbon is of a kind used in oil and gas Line Pipe From the People’s Republic quality steel line pipe from the PRC pipelines, including all multiple- of China: Continuation of Antidumping would likely lead to continuation or stenciled pipe with an API welded line and Countervailing Duty Orders recurrence of material injury within a pipe stencil is covered by the scope of reasonably foreseeable time.3 the orders. AGENCY: Enforcement and Compliance, Scope of the Orders Excluded from the scope are pipes of International Trade Administration, a kind used for oil and gas pipelines Department of Commerce. The products covered by these AD that are multiple-stenciled to a standard SUMMARY: The Department of Commerce and CVD orders are circular welded and/or structural specification and have (the ‘‘Department’’) has determined that carbon quality steel pipe of a kind used one or more of the following revocation of the antidumping duty for oil and gas pipelines (welded line characteristics: Is 32 feet in length or (‘‘AD’’) order on circular welded carbon pipe) not more than 406.4 mm (16 less; is less than 2.0 inches (50 mm) in quality steel line pipe from the People’s inches) in outside diameter, regardless outside diameter; has a galvanized and/ Republic of China (‘‘PRC’’) would likely of wall thickness, length, surface finish, or painted surface finish; or has a lead to continuation or recurrence of end finish or stenciling. threaded and/or coupled end finish. dumping, and that revocation of the The term ‘‘carbon quality steel’’ (The term ‘‘painted’’ does not include countervailing duty (‘‘CVD’’) order on includes both carbon steel and carbon coatings to inhibit rust in transit, such circular welded carbon quality steel line steel mixed with small amounts of as varnish, but includes coatings such as pipe from the PRC would likely lead to alloying elements that may exceed the polyester.) continuation or recurrence of a individual weight limits for non alloy The welded line pipe products that countervailable subsidy. The U.S. steels imposed in the Harmonized Tariff are the subject of the orders are International Trade Commission (the Schedule of the United States currently classifiable in the HTSUS ‘‘USITC’’) has also determined that (‘‘HTSUS’’). Specifically, the term under subheadings 7306.19.10.10, revocation of these AD and CVD orders ‘‘carbon quality’’ includes products in 7306.19.10.50, 7306.19.51.10, and would likely lead to a continuation or which (1) iron predominates by weight 7306.19.51.50. While HTSUS recurrence of material injury to an over each of the other contained subheadings are provided for industry in the United States. The elements, (2) the carbon content is 2 convenience and customs purposes, the Department is publishing this notice of percent or less by weight and (3) none written description of the scope of the the continuation of these AD and CVD of the elements listed below exceeds the orders is dispositive. orders. quantity by weight respectively indicated: Continuation of the Orders DATES: Effective Date: May 20, 2014. (i) 2.00 percent of manganese, As a result of the determinations by FOR FURTHER INFORMATION CONTACT: Lori (ii) 2.25 percent of silicon, the Department and the USITC that (iii) 1.00 percent of copper, Apodaca (AD order) or Kristen Johnson revocation of these AD and CVD orders (CVD order), AD/CVD Operations, (iv) 0.50 percent of aluminum, (v) 1.25 percent of chromium, would likely lead to continuation or Enforcement and Compliance, recurrence of dumping or a International Trade Administration, (vi) 0.30 percent of cobalt, (vii) 0.40 percent of lead, countervailable subsidy, and material U.S. Department of Commerce, 14th injury to an industry in the United Street & Constitution Avenue NW., (viii) 1.25 percent of nickel, (ix) 0.30 percent of tungsten, States, pursuant to sections 751(c) and Washington, DC 20230; telephone: (202) 751(d)(2) of the Act, the Department 482–4551 and (202) 482–4793, (x) 0.012 percent of boron, (xi) 0.50 percent of molybdenum, hereby orders the continuation of the respectively. (xii) 0.15 percent of niobium, AD and CVD orders on circular welded SUPPLEMENTARY INFORMATION: (xiii) 0.41 percent of titanium, carbon quality steel line pipe from the (xiv) 0.15 percent of vanadium, or PRC. Background (xv) 0.15 percent of zirconium. U.S. Customs and Border Protection On December 2, 2013, the Department Welded line pipe is normally will continue to collect cash deposits at initiated the first five-year (‘‘sunset’’) produced to specifications published by the rates in effect at the time of entry for reviews of the AD and CVD order on the American Petroleum Institute all imports of subject merchandise. The circular welded carbon quality steel line (‘‘API’’) (or comparable foreign effective date of the continuation of pipe from the PRC pursuant to sections these orders is the date of publication in 2 See Circular Welded Carbon-Quality Steel Line the Federal Register of this notice of 751(c) and 752 of the Tariff Act of 1930, Pipe From the People’s Republic of China: Final 1 as amended (the ‘‘Act’’). As a result of Results of the Expedited First Sunset Review of the continuation. Pursuant to section its reviews, the Department found that Antidumping Duty Order, 79 FR 19052 (April 7, 751(c)(2) of the Act, the Department revocation of the AD order would likely 2014) and Circular Welded Carbon Quality Steel intends to initiate the next five-year Line Pipe From the People’s Republic of China: review of these orders not later than 30 lead to continuation or recurrence of Final Results of Expedited Sunset Review of the dumping and that revocation of the CVD Countervailing Duty Order, 79 FR 15313 (March 19, days prior to the fifth anniversary of the order would likely lead to continuation 2014). effective date of the continuation. or recurrence of subsidization, and 3 See Circular Welded Carbon-Quality Steel Line These five-year (sunset) reviews and notified the USITC of the margins of Pipe From China, 79 FR 26454 (May 8, 2014); see notice are in accordance with section also USITC Publication 4464 (May 2014) entitled Circular Welded Carbon-Quality Steel Line Pipe 751(c) of the Act and published 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 From China (Inv. Nos. 701–TA–455 and 731–TA– pursuant to section 777(i)(1) of the Act FR 72061 (December 2, 2013). 1149 (Review)). and 19 CFR 351.218(f)(4).

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Dated: May 13, 2014. 0703.20.0020, 0703.20.0090, 351.224(b). Interested parties may Paul Piquado, 0710.80.7060, 0710.80.9750, submit written comments by no later Assistant Secretary for Enforcement and 0711.90.6000, 0711.90.6500, than 30 days after the date of Compliance. 2005.90.9500, 2005.90.9700, publication of these preliminary results [FR Doc. 2014–11682 Filed 5–19–14; 8:45 am] 0703.20.0005, 2005.99.9700 and of review.2 Rebuttals to written BILLING CODE 3510–DS–P 0703.20.0015. A full description of the comments may be filed by no later than scope of the order is contained in the five days after the written comments are Preliminary Decision Memorandum. filed.3 DEPARTMENT OF COMMERCE Although the HTSUS subheadings are Any interested party may request a provided for convenience and customs hearing within 30 days of publication of International Trade Administration purposes, the written product this notice.4 Hearing requests should [A–570–831] description is dispositive. contain the following information: (1) Methodology The party’s name, address, and Fresh Garlic From the People’s telephone number; (2) the number of Republic of China: Preliminary Results The Department is conducting this participants; and (3) a list of the issues of the New Shipper Review of Jinxiang review in accordance with section to be discussed. Oral presentations will Merry Vegetable Co., Ltd. and 751(a)(2)(B) of the Tariff Act of 1930, as be limited to issues raised in the briefs. Cangshan Qingshui Vegetable Foods amended (‘‘the Act’’), and 19 CFR If a request for a hearing is made, parties Co., Ltd. 351.214. Export prices have been will be notified of the time and date for calculated in accordance with section the hearing to be held at the U.S. AGENCY: Enforcement and Compliance, 772 of the Act. Because the PRC is a Department of Commerce, 1401 International Trade Administration, nonmarket economy within the meaning Constitution Avenue NW., Washington, Department of Commerce. of section 771(18) of the Act, normal DC 20230.5 SUMMARY: The Department of Commerce value has been calculated in accordance The Department will issue the final (‘‘the Department’’) is conducting a new with section 773(c) of the Act. For a full results of this new shipper review, shipper review of Jinxiang Merry description of the methodology which will include the results of its Vegetable Co., Ltd. (‘‘Merry’’) and underlying our conclusions, see the analysis of issues raised in any such Cangshan Qingshui Vegetable Foods Preliminary Decision Memorandum. comments, within 90 days of Co., Ltd. (‘‘Qingshui’’) regarding the The Preliminary Decision publication of these preliminary results, antidumping duty order on fresh garlic Memorandum is a public document and pursuant to section 751(a)(2)(B)(iv) of from the People’s Republic of China is on file electronically via Enforcement the Act. (‘‘the PRC’’). The period of review and Compliance’s centralized electronic (‘‘POR’’) is November 1, 2012, through service system (‘‘IA ACCESS’’). IA Assessment Rates April 30, 2013. We preliminarily find ACCESS is available to registered users Upon issuing the final results of this that Merry and Qingshui made sales of at http://iaaccess.trade.gov and in the new shipper review, the Department subject merchandise at less than normal Department’s Central Records Unit, shall determine, and U.S. Customs and value. Interested parties are invited to Room 7046 of the main Department of Border Protection (‘‘CBP’’) shall assess, comment on these preliminary results. Commerce building. In addition, a antidumping duties on all appropriate DATES: Effective Date: May 20, 2014. complete version of the Preliminary entries covered by this review.6 The FOR FURTHER INFORMATION CONTACT: Decision Memorandum can be accessed Department intends to issue assessment Sean Carey or Hilary E. Sadler, Esq., directly on the Internet at http:// instructions to CBP 15 days after the AD/CVD Operations, Office VII, enforcement.trade.gov/frn/index.html. date of publication of the final results of Enforcement and Compliance, The signed Preliminary Decision this new shipper review. International Trade Administration, Memorandum and the electronic In this new shipper review, we U.S. Department of Commerce, 14th versions of the Preliminary Decision calculated a per-unit rate for each Street and Constitution Avenue NW., Memorandum are identical in content. importer by dividing the total dumping Washington, DC 20230; telephone: (202) Preliminary Results of New Shipper margins for reviewed sales to that party 482–3964 or (202) 482–4340, Reviews by the total sales quantity associated respectively. with those transactions. For duty- The Department preliminarily SUPPLEMENTARY INFORMATION: assessment rates calculated on this determines that the following weighted- basis, we will direct CBP to assess the Scope of the Order average dumping margins exist: resulting per-unit rate against the entered quantity of the subject The merchandise covered by this Weighted- order is all grades of garlic, whether average merchandise. If the respondent’s whole or separated into constituent Exporter dumping weighted-average dumping margin is cloves.1 The subject merchandise is margin above de minimis, we will calculate an ($ per kg) currently classifiable under the importer-specific ad valorem duty assessment rate based on the ratio of the Harmonized Tariff Schedule of the Cangshan Qingshui Vegetable United States (‘‘HTSUS’’) subheadings: Foods Co., Ltd ...... $3.06 per kg total amount of dumping calculated for 0703.20.0000, 0703.20.0010, Jinxiang Merry Vegetable Co., the importer’s examined sales to the Ltd ...... 3.33 per kg total entered value of those same sales 1 See the Department Memorandum, ‘‘Decision in accordance with 19 CFR Memorandum for the Preliminary Results of the Disclosure and Public Comment 351.212(b)(1). Then, we will instruct Antidumping Duty New Shipper Reviews of Fresh Garlic From the People’s Republic of China: The Department will disclose 2 See 19 CFR 351.309(c). Jinxiang Merry Vegetable Co., Ltd. and Cangshan calculations performed for these 3 Qingshui Vegetable Foods Co., Ltd.,’’ dated See 19 CFR 351.309(d). preliminary results to the parties within 4 concurrently with and hereby adopted by this See 19 CFR 351.310(c). notice (Preliminary Decision Memorandum), for a five days of the date of publication of 5 See 19 CFR 351.310(d). complete description of the Scope of the Order. this notice in accordance with 19 CFR 6 See 19 CFR 351.212(b)(1).

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CBP to assess antidumping duties on all The Department is issuing and Comments: None received. Decision: appropriate entries covered by this new publishing these results in accordance Approved. No instrument of equivalent shipper review. Where either the with sections 751(a)(1) and 777(i)(1) of scientific value to the foreign respondent’s weighted-average dumping the Act and 19 CFR 351.214 and instrument, for such purposes as this margin is zero or de minimis, or an 351.221(b)(4). instrument is intended to be used, is importer-specific assessment rate is zero Dated: May 13, 2014. being manufactured in the United States or de minimis, we will instruct CBP to Paul Piquado, at the time the instrument was ordered. liquidate the appropriate entries Reasons: Each foreign instrument is an Assistant Secretary for Enforcement and without regard to antidumping duties. Compliance. electron microscope and is intended for The final results of this new shipper research or scientific educational uses review shall be the basis for the Appendix requiring an electron microscope. We assessment of antidumping duties on List of Topics Discussed in the Preliminary know of no electron microscope, or any entries of merchandise covered by the Decision Memorandum other instrument suited to these final results of this review and for future I. Summary purposes, which was being deposits of estimated duties, where II. Background manufactured in the United States at the applicable. III. Scope of the Order time of order of each instrument. Cash Deposit Requirements IV. Discussion of the Methodology Dated: May 13, 2014. V. Date of Sale Gregory W. Campbell, The following cash deposit VI. Fair Value Comparisons VII. Differential Pricing Analysis Director, Subsidies Enforcement Office, requirements will be effective upon Enforcement and Compliance. publication of the final results of this VIII. U.S. Price IX. Normal Value [FR Doc. 2014–11690 Filed 5–19–14; 8:45 am] new shipper review for shipments of the X. Factor Valuations BILLING CODE 3510–DS–P subject merchandise from the PRC XI. Currency Conversion entered, or withdrawn from warehouse, XII. Recommendation for consumption on or after the [FR Doc. 2014–11677 Filed 5–19–14; 8:45 am] DEPARTMENT OF COMMERCE publication date, as provided by section BILLING CODE 3510–DS–P 751(a)(2)(C) of the Act: (1) For National Oceanic and Atmospheric merchandise produced and exported by Administration Merry and Qingshui, the cash deposit DEPARTMENT OF COMMERCE rates will be that established in the final Proposed Information Collection; results of these reviews (except, if the International Trade Administration Comment Request; Southwest Region rate is zero or de minimis, then zero Vessel Identification Requirements cash deposit will be required); (2) for Baylor College of Medicine, et al. AGENCY: National Oceanic and previously investigated or reviewed PRC Notice of Consolidated Decision on Atmospheric Administration, and non-PRC exporters not listed above Applications for Duty-Free Entry of Commerce. that received a separate rate in a prior Electron Microscope segment of this proceeding, the cash ACTION: Notice. deposit rate will continue to be the This is a decision consolidated pursuant to Section 6(c) of the SUMMARY: The Department of existing producer/exporter-specific Commerce, as part of its continuing combination rate; (3) for all PRC Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. effort to reduce paperwork and exporters of subject merchandise that respondent burden, invites the general have not been found to be entitled to a L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301). public and other Federal agencies to separate rate, the cash deposit rate will take this opportunity to comment on be that for the PRC-wide entity; and (4) Related records can be viewed between 8:30 a.m. and 5:00 p.m. in Room 3720, proposed and/or continuing information for all non-PRC exporters of subject collections, as required by the merchandise which have not received U.S. Department of Commerce, 14th and Constitution Avenue NW., Washington, Paperwork Reduction Act of 1995, as their own rate, the cash deposit rate will amended. be the rate applicable to the PRC DC. producer/exporter combination that Docket Number: 14–001. Applicant: DATES: Written comments must be supplied that non-PRC exporter. These Baylor College of Medicine, Houston, submitted on or before July 21, 2014. deposit requirements, when imposed, TX 77030. Instrument: Electron ADDRESSES: Direct all written comments shall remain in effect until further Microscope. Manufacturer: FEI to Jennifer Jessup, Departmental notice. Company, Czech Republic. Intended Paperwork Clearance Officer, Use: See notice at 79 FR 11760, March Department of Commerce, Room 6616, Notification To Importers 3, 2014. 14th and Constitution Avenue NW., This notice also serves as a Docket Number: 14–003. Applicant: Washington, DC 20230 (or via the preliminary reminder to importers of Western Kentucky University, Bowling Internet at [email protected]). their responsibility under 19 CFR Green, KY 42101. Instrument: Electron FOR FURTHER INFORMATION CONTACT: 351.402(f)(2) to file a certificate Microscope. Manufacturer: JEOL Ltd., Requests for additional information or regarding the reimbursement of Japan. Intended Use: See notice at 79 FR copies of the information collection antidumping duties prior to liquidation 18013, March 31, 2014. instrument and instructions should be of the relevant entries during this Docket Number: 14–004. Applicant: directed to Chris Fanning, (562) 980– review period. Failure to comply with Utah State University, Logan, UT 4198, [email protected]. this requirement could result in the 84322–8300. Instrument: Electron SUPPLEMENTARY INFORMATION: Department’s presumption that Microscope. Manufacturer: FEI reimbursement of antidumping duties Company, Czech Republic. Intended I. Abstract occurred and the subsequent assessment Use: See notice at 79 FR 18013, March This request is for extension of a of double antidumping duties. 31, 2014. current information collection.

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Regulations at 50 CFR 660.704 require DEPARTMENT OF COMMERCE complete the required fields, and enter that all vessels with permits issued or attach your comments. under authority of the National Marine National Oceanic and Atmospheric • Mail: Submit written comments to Fishery Service’s (NMFS) Fishery Administration Peter Hood, Southeast Regional Office, Management Plan for United States [RIN 0648–BD68] NMFS, 263 13th Avenue South, St. (U.S.) West Coast Highly Migratory Petersburg, FL 33701. Species Fisheries display the vessel’s Fisheries of the Caribbean, Gulf of Instructions: Comments sent by any official number. The numbers must be Mexico, and South Atlantic; other method, to any other address or of a specific size and format and located Amendment 28 to the Fishery individual, or received after the end of at specified locations. The display of the Management Plan for the Reef Fish the comment period, may not be identifying number aids in fishery law Resources of the Gulf of Mexico considered by NMFS. All comments enforcement. received are a part of the public record AGENCY: National Marine Fisheries and will generally be posted for public II. Method of Collection Service (NMFS), National Oceanic and viewing on www.regulations.gov Atmospheric Administration (NOAA), without change. All personal identifying The vessels’ official numbers are Commerce. displayed on the vessels. information (e.g., name, address, etc.), ACTION: Supplemental Notice of Intent confidential business information, or III. Data (NOI) to prepare a draft environmental otherwise sensitive information impact statement (DEIS); request for submitted voluntarily by the sender will OMB Number: 0648–0361. comments. be publicly accessible. NMFS will Form Number: None. accept anonymous comments (enter ‘‘N/ SUMMARY: NMFS, Southeast Region, in Type of Review: Regular submission A’’ in the required fields if you wish to collaboration with the Gulf of Mexico remain anonymous). Attachments to (extension of a current information Fishery Management Council (Council) collection). electronic comments will be accepted in intends to prepare a DEIS to describe Microsoft Word, Excel, or Adobe PDF Affected Public: Business or other for- and analyze management alternatives to file formats only. profit organizations. be included in Amendment 28 to the FOR FURTHER INFORMATION CONTACT: Fishery Management Plan (FMP) for the Estimated Number of Respondents: Peter Hood, Southeast Regional Office, Reef Fish Resources of the Gulf of 2,000. telephone: (727) 824–5305; or email: Mexico (Amendment 28). Actions Estimated Time per Response: 45 [email protected]. considered in Amendment 28 were minutes. initially limited to alternatives to SUPPLEMENTARY INFORMATION: An NOI to Estimated Total Annual Burden reallocate Gulf of Mexico (Gulf) red prepare a DEIS for Amendment 28 was Hours: 1,500. snapper resources between the published in the Federal Register on November 7, 2013 (78 FR 66900) and Estimated Total Annual Cost to commercial and recreational sectors. requested public comment through Public: $20,000. However, NMFS and the Council have since modified the scope of Amendment December 9, 2013. Management IV. Request for Comments 28 to consider actions that would revise alternatives initially considered in the recreational accountability measures Amendment 28 were to reallocate red Comments are invited on: (a) Whether (AMs) for Gulf red snapper. These snapper resources between the the proposed collection of information actions would establish an annual catch commercial and recreational sectors is necessary for the proper performance target (ACT) by applying a buffer to the with the purpose of increasing the net of the functions of the agency, including recreational quota and establish benefits and the stability of the red whether the information shall have recreational quota overage adjustment snapper component of the reef fish practical utility; (b) the accuracy of the provisions (paybacks). These additional fishery. agency’s estimate of the burden actions will support management efforts In September 2013, individual (including hours and cost) of the to maintain landings within the commercial fishermen and two proposed collection of information; (c) recreational quota and mitigate commercial fishing interest groups filed ways to enhance the quality, utility, and recreational quota overages should they a lawsuit challenging the rules that clarity of the information to be occur. The purpose of this NOI is to implemented the red snapper quotas for collected; and (d) ways to minimize the solicit public comments on the modified the 2013 fishing year and set the 2013 burden of the collection of information scope of issues to be addressed in the recreational red snapper fishing season. on respondents, including through the DEIS. In March 2014, the U.S. District Court use of automated collection techniques for the District of Columbia (Court) in or other forms of information DATES: Written comments on the scope Guindon v. Pritzker, 2014 WL 1274076 technology. of issues to be addressed in the DEIS (D.D.C. Mar. 26, 2014) ruled in favor of Comments submitted in response to must be received by NMFS by June 19, the plaintiffs, finding, in relevant part, this notice will be summarized and/or 2014. that NMFS failed to require adequate included in the request for OMB ADDRESSES: You may submit comments AMs for the recreational sector, failed to approval of this information collection; on Amendment 28 identified by prohibit the retention of fish after the they also will become a matter of public ‘‘NOAA–NMFS–2013–0146’’ by any of recreational quota had been harvested, record. the following methods: and failed to use the best scientific • Electronic submissions: Submit information available when determining Dated: May 14, 2014. electronic comments via the Federal e- if the quota had been met. Gwellnar Banks, Rulemaking Portal: http:// The Council reviewed the Court’s Management Analyst, Office of the Chief www.regulations.gov. Go to opinion and determined further AMs Information Officer. www.regulations.gov/ were needed to improve red snapper [FR Doc. 2014–11531 Filed 5–19–14; 8:45 am] #!docketDetail;D=NOAA-NMFS-2013- management and reduce the probability BILLING CODE 3510–22–P 0146, click the ‘‘Comment Now!’’ icon, of exceeding the recreational quota. The

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Council decided to add AM actions to Register, all public comment periods on also send an email to Mr. Kris Amendment 28, including an ACT and the final amendment, its proposed Kleinschmidt or contact him at 503– quota overage adjustments, but could implementing regulations, and the 820–2280 for technical assistance. A also consider other AM alternatives. availability of its associated FEIS. NMFS listening station will also be provided at Although the red snapper stock is not will consider all public comments the Pacific Council office. undergoing overfishing, it is considered received during the Secretarial review Council address: Pacific Council, overfished and under a rebuilding plan. period, whether they are on the final 7700 NE Ambassador Place, Suite 101, Therefore, constraining recreational amendment, the proposed regulations, Portland, OR 97220–1384. landings within the recreational quota or the FEIS, prior to final agency action. FOR FURTHER INFORMATION CONTACT: Dr. and mitigating quota overages will aid Authority: 16 U.S.C. 1801 et seq. Kit Dahl, Pacific Council; telephone: in the stock recovery. (503) 820–2280. Dated: May 15, 2014. NMFS, in collaboration with the SUPPLEMENTARY INFORMATION: The Council, will develop a DEIS to describe Emily H. Menashes, HMSAS will discuss items on the and analyze alternatives to address the Acting Director, Office of Sustainable Pacific Council’s June meeting agenda. management needs described above Fisheries, National Marine Fisheries Service. These are: Update on Regulations and including the ‘‘no action’’ alternative. In [FR Doc. 2014–11606 Filed 5–19–14; 8:45 am] International Activities, Drift Gillnet accordance with NOAA’s BILLING CODE 3510–22–P Transition Issues, Exempted Fishing Administrative Order 216–6, Section Permit Process Confirmation, Initial 5.02(c), Scoping Process, NMFS, in Scoping of Biennial Specifications and DEPARTMENT OF COMMERCE collaboration with the Council, has Management Measures. Public identified preliminary environmental comments during the webinar will be issues as a means to initiate discussion National Oceanic and Atmospheric Administration received from attendees at the discretion for scoping purposes only. The public is of the HMSAS Chair. invited to provide written comments on Although non-emergency issues not the preliminary issues, which are Pacific Fishery Management Council; Public Meeting contained in the meeting agenda may be identified as actions and alternatives in discussed, those issues may not be the the Amendment 28 draft options paper AGENCY: National Marine Fisheries subject of formal action during this and action guide. These preliminary Service (NMFS), National Oceanic and meeting. Action will be restricted to issues may not represent the full range Atmospheric Administration (NOAA), those issues specifically listed in this of issues that eventually will be Commerce. document and any issues arising after evaluated in the DEIS. A copy of the ACTION: Notice; public meeting. publication of this document that Amendment 28 action guide is available require emergency action under section at http://sero.nmfs.noaa.gov/ SUMMARY: The Pacific Fishery 305(c) of the Magnuson-Stevens Fishery sustainable_fisheries/gulf_fisheries/ Management Council’s (Pacific Council) _ Conservation and Management Act, reef fish/index.html. Highly Migratory Species Advisory After the DEIS associated with provided the public has been notified of Subpanel (HMSAS) will hold a webinar, the intent to take final action to address Amendment 28 is completed, it will be which is open to the public. filed with the Environmental Protection the emergency. DATES: The HMSAS will hold the Agency (EPA). After filing, the EPA will webinar on Wednesday, June 4, 2014, Special Accommodations publish a notice of availability of the from 1:30 to 4:30 p.m. The meeting is physically accessible DEIS for public comment in the Federal to people with disabilities. Requests for Register. The DEIS will have a 45-day ADDRESSES: To attend the webinar, visit http://www.joinwebinar.com. Enter the sign language interpretation or other comment period. This procedure is auxiliary aids should be directed to Mr. pursuant to regulations issued by the webinar ID, which is 825–962–039, and Kris Kleinschmidt at (503) 820–2425 at Council on Environmental Quality your name and email address (required). least 5 days prior to the meeting date. (CEQ) for implementing the procedural Once you have joined the webinar, provisions of the National choose either your computer’s audio or Dated: May 15, 2014. Environmental Policy Act (NEPA; 40 select ‘‘Use Telephone.’’ If you do not Tracey L. Thompson, CFR parts 1500–1508) and to NOAA’s select ‘‘Use Telephone’’ you will be Acting Deputy Director, Office of Sustainable Administrative Order 216–6 regarding connected to audio using your Fisheries, National Marine Fisheries Service. NOAA’s compliance with NEPA and the computer’s microphone and speakers [FR Doc. 2014–11630 Filed 5–19–14; 8:45 am] CEQ regulations. (VolP). It is recommended that you use BILLING CODE 3510–22–P The Council and NMFS will consider a computer headset as GoToMeeting public comments received on the DEIS allows you to listen to the meeting using in developing the final environmental your computer headset and speakers. If DEPARTMENT OF COMMERCE impact statement (FEIS), and before you do not have a headset and speakers, voting to submit the final amendment to you may use your telephone for the National Oceanic and Atmospheric NMFS for Secretarial review, approval, audio portion of the meeting by dialing Administration and implementation. NMFS will this TOLL number 1–702–489–0008 (not announce in the Federal Register the a toll-free number); phone audio access Mid-Atlantic Fishery Management availability of the final amendment and code 686–529–816; audio phone pin Council; Public Meeting FEIS for public review during the shown after joining the webinar. System AGENCY: National Marine Fisheries Secretarial review period, and will Requirements for PC-based attendees: Service (NMFS), National Oceanic and ® consider all public comments prior to Required: Windows 7, Vista, or XP; for Atmospheric Administration (NOAA), ® final agency action to approve, Mac -based attendees: Required: Mac Commerce. ® disapprove, or partially approve the OS X 10.5 or newer; and for mobile ACTION: Notice of a public meeting. final amendment. attendees: iPhone®, iPad®, AndroidTM NMFS will announce, through a phone or Android tablet (See the SUMMARY: The Mid-Atlantic Fishery document published in the Federal GoToMeeting Webinar Apps). You may Management Council’s (Council) River

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Herring and Shad (RH/S) Advisory DEPARTMENT OF COMMERCE authority of the Endangered Species Act Panel (AP) will meet to develop of 1973, as amended (ESA; 16 U.S.C. recommendations for the 2015 RH/S National Oceanic and Atmospheric 1531 et seq.) and the regulations Cap on the Atlantic mackerel fishery Administration governing the taking, importing, and and provide general input on RH/S RIN 0648–XD296 exporting of endangered and threatened conservation. species (50 CFR parts 222–226). DATES: The meeting will be Friday, June Endangered Species; File No. 18604 The applicant requests a five-year 6, 2014 at 1:30 p.m. research permit to gather information on AGENCY: National Marine Fisheries green and hawksbill sea turtle ADDRESSES: The meeting will be held Service (NMFS), National Oceanic and movement, species distribution, and via webinar, but anyone can also attend Atmospheric Administration (NOAA), health status and to document threats to at the Council office address (see Commerce. the species. Researchers would annually below). The webinar link is: http:// ACTION: Notice; receipt of application. capture and release 15 green and 6 mafmc.adobeconnect.com/rhsap/. hawksbill sea turtles by hand or by net Please call the Council in advance if you SUMMARY: Notice is hereby given that in Guam waters. Turtles would be wish to attend at the Council office. the Guam Department of Agriculture measured, flipper tagged, photographed, Council address: Mid-Atlantic Fishery Division of Aquatic and Wildlife passive integrated transponder tagged, Management Council, 800 N. State Resources (DAWR), 163 Dairy Road, tissue sampled, and released. A subset Street, Suite 201, Dover, DE 19901; Mangilao, Guam 96913, has applied in of each species also would have a telephone: (302) 674–2331. due form for a permit to take green satellite transmitter attached to the (Chelonia mydas) and hawksbill FOR FURTHER INFORMATION CONTACT: turtle’s carapace. This information (Eretmochelys imbricata) sea turtles for Christopher M. Moore Ph.D., Executive would be used to develop conservation purposes of scientific research. Director, Mid-Atlantic Fishery management measures for these species. Management Council, 800 N. State DATES: Written, telefaxed, or email Street, Suite 201, Dover, DE 19901; comments must be received on or before Dated: May 15, 2013. telephone: (302) 526–5255. June 19, 2014. Tammy C. Adams, SUPPLEMENTARY INFORMATION: The ADDRESSES: The application and related Chief, Permits and Conservation Division, Council’s River Herring and Shad (RH/ documents are available for review by Office of Protected Resources, National Marine Fisheries Service. S) Advisory Panel (AP) will meet to selecting ‘‘Records Open for Public develop recommendations for the 2015 Comment’’ from the Features box on the [FR Doc. 2014–11603 Filed 5–19–14; 8:45 am] RH/S Cap on the Atlantic mackerel Applications and Permits for Protected BILLING CODE 3510–22–P fishery and provide general input on Species (APPS) home page, https:// RH/S conservation. There will also be apps.nmfs.noaa.gov, and then selecting DEPARTMENT OF COMMERCE time for public questions and File No. 18604 from the list of available comments. The Council will utilize the applications. National Oceanic and Atmospheric input of the RH/S AP at the June 2014 These documents are also available Administration Council meeting when setting the 2015 upon written request or by appointment RH/S Cap on the Atlantic mackerel in the following offices: [File No. 16482–01] fishery. Permits and Conservation Division, Although non-emergency issues not Office of Protected Resources, NMFS, RIN 0648–XA713 contained in this agenda may come 1315 East-West Highway, Room Endangered Species before this group for discussion, those 13705, Silver Spring, MD 20910; issues may not be the subject of formal phone (301) 427–8401; fax (301) 713– AGENCY: National Marine Fisheries action during this meeting. Action will 0376; and Service (NMFS), National Oceanic and be restricted to those issues specifically Pacific Islands Region, NMFS, 1845 Atmospheric Administration (NOAA), listed in this notice and any issues Wasp Blvd., Building 176, Honolulu, Commerce. arising after publication of this notice HI 96818; phone (808) 725–5000; fax ACTION: Issuance of a permit that require emergency action under (808) 973–2941. modification and termination of a section 305(c) of the Magnuson-Stevens Written comments on this application permit. Fishery Conservation and Management should be submitted to the Chief, Act, provided the public has been Permits and Conservation Division: SUMMARY: Notice is hereby given that notified of the Council’s intent to take • By email to NMFS.Pr1Comments@ Warnell School of Forest Resources, final action to address the emergency. noaa.gov (include the File No. in the Fisheries Division, University of Special Accommodations subject line of the email), Georgia, Athens, Georgia 30602 • by facsimile to (301) 713–0376, or [Douglas Peterson: Responsible Party], The meeting is physically accessible • at the address listed above. has been issued a permit modification to people with disabilities. Requests for Those individuals requesting a public (Permit No. 16482–01) to take to take sign language interpretation or other hearing should submit a written request Atlantic sturgeon (Acipenser oxyrinchus auxiliary aids or assistance should be to the Chief, Permits and Conservation oxyrinchus) and shortnose sturgeon directed to M. Jan Saunders at the Mid- Division at the address listed above. The (Acipenser brevirostrum) for purposes of Atlantic Council Office, (302) 526–5251, request should set forth the specific scientific research. Additionally, Permit at least 5 days prior to the meeting date. reasons why a hearing on this No. 14394 issued to the same Permit Dated: May 15, 2014. application would be appropriate. Holder for study of shortnose sturgeon Tracey L. Thompson, FOR FURTHER INFORMATION CONTACT: is hereby terminated. Acting Deputy Director, Office of Sustainable Amy Hapeman or Courtney Smith, (301) ADDRESSES: The permit modification Fisheries, National Marine Fisheries Service. 427–8401. and related documents are available for [FR Doc. 2014–11631 Filed 5–19–14; 8:45 am] SUPPLEMENTARY INFORMATION: The review upon written request or by BILLING CODE 3510–22–P subject permit is requested under the appointment in the following office:

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Permits, Conservation and Education applied for in good faith; (2) will not or for reissue of a patent, or during its Division, Office of Protected Resources, operate to the disadvantage of such reexamination of a patent, are subject to NMFS, 1315 East-West Highway, Room endangered or threatened species; and review by an appeal to the Board of 13705, Silver Spring, MD 20910; phone (3) is consistent with the purposes and Patent Appeals and Interferences. For (301) 427–8401; fax (301) 713–0376. policies set forth in section 2 of the other USPTO actions, review is in the FOR FURTHER INFORMATION CONTACT: ESA. form of administrative review obtained Malcolm Mohead, (301) 427–8401. Dated: May 15, 2014. via submission of a petition to the SUPPLEMENTARY INFORMATION: On Tammy C. Adams, USPTO. USPTO petitions practice also provides an opportunity for a patent November 7, 2013, notice was published Acting Chief, Permits and Conservation in the Federal Register (78 FR 66901) Division, Office of Protected Resources, applicant or owner to supply additional that a scientific research permit National Marine Fisheries Service. information that may be required in modification to take shortnose and [FR Doc. 2014–11604 Filed 5–19–14; 8:45 am] order for the USPTO to further process an application or patent. Atlantic sturgeon had been submitted by BILLING CODE 3510–22–P the above-named organization. The This collection specifically relates to respective requested permits have been petitions that must be accompanied by issued and terminated under the DEPARTMENT OF COMMERCE the petition fees set forth in 37 CFR authority of the Endangered Species Act 1.17(f), (g), or (h). Except for the of 1973, as amended (ESA; 16 U.S.C. Patent and Trademark Office petitions to make special under the 1531 et seq.) and the regulations Accelerated Examination program, Patent Petitions Related to Application which must be submitted electronically governing the taking, importing, and and Reexamination Processing Fees exporting of endangered and threatened through EFS-Web, the USPTO’s Web- species (50 CFR parts 222–226). ACTION: Notice. based electronic filing system, the Permit No. 16482 was issued April 6, petitions in this collection either can be 2012 (77 FR 21754) to the Permit Holder SUMMARY: The United States Patent and submitted electronically through EFS- to capture all Atlantic sturgeon life Trademark Office (USPTO), as part of its Web or on paper. continuing effort to reduce paperwork stages in the Savannah (SC/GA), II. Method of Collection Ogeechee (GA), Altamaha (GA), Satilla and respondent burden, invites the (GA), and Saint Marys (GA/FL) Rivers general public and other Federal As attachments through EFS-Web using gill nets and trammel nets to agencies to take this opportunity to when the applicant files the various measure, weigh, photograph, PIT and comment on the revision of a currently petitions. These papers can also be filed Floy tag, and tissue sample. Subsets of approved collection, as required by the by mail, facsimile, or hand delivery, animals are anesthetized, fin ray Paperwork Reduction Act of 1995. except that the petitions to make special sectioned, laparoscoped, and implanted DATES: Written comments must be under the Accelerated Examination with internal acoustic tags. The submitted on or before July 21, 2014. program can only be filed through EFS- collection of early life stages in ADDRESSES: You may submit comments Web. suspected spawning areas using egg by any of the following methods: III. Data mats is also permitted in each of these • Email: InformationCollection@ rivers. Incidental mortality of serious uspto.gov. Include ‘‘0651–0059 Patent OMB Number: 0651–0059. harm of up to five juvenile and sub- Petitions Requiring a Fee under 37 CFR Form Number(s): PTO/SB/17P, PTO/ adults and one adult annually is also 1.17(f)—(h) comment’’ in the subject SB/23, PTO/SB/24a, PTO/SB/28 (EFS- authorized. line of the message. Web only), and PTO/SB/140. The permit modification (Permit No. • Mail: Susan K. Fawcett, Records Type of Review: Revision of a 16482–01) consolidates the takes of Officer, Office of the Chief Information currently approved collection. shortnose sturgeon originally issued in Officer, U.S. Patent and Trademark Permit No 14394 in the Altamaha River Office, P.O. Box 1450, Alexandria, VA Affected Public: Business or other for (GA). Permit 14394 was terminated 22313–1450. profit; non-profit institutions. upon issuance of the modification. This • Federal e-Rulemaking Portal: Estimated Number of Respondents: modification transfers blood sampling http://www.regulations.gov. 33,119 responses per year. Of this total, from subsets of captured Atlantic and FOR FURTHER INFORMATION CONTACT: the USPTO expects that 30,569 shortnose sturgeon to that permit, adds Requests for additional information responses will be submitted through sampling of early life stage shortnose should be directed to the attention of EFS-Web and 2,550 responses submitted sturgeon, and adds takes of other Raul Tamayo, Legal Advisor, Office of on paper. shortnose sturgeon life stages using the Patent Legal Administration, U.S. Patent Estimated Time per Response: The same research activities, from the and Trademark Office (USPTO), P.O. USPTO estimates that it will take Savannah, Ogeechee, Satilla River (GA), Box 1450, Alexandria, VA 22313–1450; approximately 5 minutes (0.08 hours) to Saint Marys Rivers (GA/FL) and Saint by telephone 571–272–7728; or by email 12 hours to complete the items in this Johns and Nassau Rivers (FL), as well as at [email protected] with collection, depending on the petition. Atlantic sturgeon from the Nassau and ‘‘Paperwork’’ in the subject line. This includes time to gather the Saint Johns Rivers (FL). Incidental SUPPLEMENTARY INFORMATION: necessary information, create the mortality of two juvenile or adult documents, and submit the completed shortnose sturgeon is authorized I. Abstract request to the USPTO. The USPTO annually from all river systems. The The United States Patent and calculates that, on balance, it takes the modification is valid through the Trademark Office (USPTO) is required same amount of time to gather the expiration date of the original permit, by 35 U.S.C. § 131 et seq. to examine an necessary information, prepare the April 5, 2017. application for patent and, when petitions and the fee transmittal form, Issuance of this permit modification, appropriate, issue a patent. Many and submit them to the USPTO, as required by the ESA, was based on actions taken by the USPTO during its whether the applicant submits the a finding that such permit (1) was examination of an application for patent petition in paper form or electronically.

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Estimated Total Annual Respondent for documents in a form other than that Using the professional hourly rate of Burden Hours: 35,596 hours. provided by 37 CFR 1.19 and petitions $389 for attorneys in private firms, and Estimated Total Annual Respondent for express abandonment to avoid an hourly rate of $125 for the para- Cost Burden: $ 13,832,658. The USPTO publication under 37 CFR 1.138(c). The professionals, the USPTO estimates expects that attorneys will complete all USPTO expects that these petitions will $13,832,658 per year for total hourly of the items in this collection, with the be completed by para-professionals. costs associated with respondents. exception of the petitions for requests

Estimated Estimated Estimated Item time for annual annual response responses burden hours

Petitions (corresponding to the fee) under 37 CFR 1.17(f) include: Petition to Accord a Filing Date under 1.57(a) ...... 4 hours ...... 300 1200.00 Petition to Accord a Filing Date under 1.53(e) Petition for Decision on a Question Not Specifically Provided For Petition to Suspend the Rules EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(f) ...... 4 hours ...... 2,800 11200.00 Petitions (corresponding to the fee) under 37 CFR 1.17(g): Petition to Access an Assignment Record ...... 2 hours ...... 300 600.00 Petition for Access to an Application Petition for Expungement and Return of Information Petition to Suspend Action in an Application EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(g) ...... 2 hours ...... 3,000 6000.00 Petitions (corresponding to the fee) under 37 CFR 1.17(h): Petition for Accepting Color Drawings or Photographs ...... 1 hour ...... 900 900.00 Petition for Entry of a Model or Exhibit Petition to Withdraw an Application from Issue PTO/SB/140 Petition to Defer Issuance of a Patent EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h) ...... 1 hour ...... 8,800 8800.00 Petitions for Requests for Documents in a Form Other than that Provided by 37 CFR 1.19 ... 1 hour ...... 5 5.00 EFS-Web Petitions for Requests for Documents in a Form Other than that Provided by 37 1 hour ...... 40 40.00 CFR 1.19. Petitions to Make Special Under Accelerated Examination Program PTO/SB/28 (EFS-Web 12 hours ...... 450 5400.00 Only). Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) PTO/SB/ 12 minutes ...... 40 8.00 24a. EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) .. 12 minutes ...... 425 85.00 Petition for Extension of Time Under 37 CFR 1.136(b) PTO/SB/23 ...... 30 minutes ...... 5 2.50 EFS-Web Petition for Extension of Time Under 37 CFR 1.136(b) ...... 30 minutes ...... 54 27.00 Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal PTO/SB/17P ...... 5 minutes ...... 1,000 83.00 EFS-Web Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal ...... 5 minutes ...... 15,000 1245.00

Totals ...... 33,119 35,596

Estimated Total Annual Non-Hour be mailed to the USPTO per year, for a Dated: May 14, 2014. Respondent Cost Burden: $9,950. There total postage cost of $9,950. Susan K. Fawcett, are no capital start-up, operation, or IV. Request for Comments Records Officer, USPTO, Office of the Chief maintenance costs associated with this Information Officer. information collection. Comments are invited on: (a) Whether [FR Doc. 2014–11550 Filed 5–19–14; 8:45 am] The forms included in this collection the proposed collection of information BILLING CODE 3510–16–P do have filing fees associated with them, is necessary for the proper performance but the filing fees are themselves of the functions of the agency, including accounted for in another collection whether the information shall have (0651–0072, AIA Patent Fees practical utility; (b) the accuracy of the DEPARTMENT OF DEFENSE Adjustment) and included as a part of agency’s estimate of the burden this collection. (including hours and cost) of the Office of the Secretary Postage constitutes the non-hourly proposed collection of information; (c) cost burdens for this collection. Except ways to enhance the quality, utility, and [Transmittal Nos. 14–03] clarity of the information to be for the petitions to make special under 36(b)(1) Arms Sales Notification the Accelerated Examination program, collected; and (d) ways to minimize the which must be submitted electronically burden of the collection of information AGENCY: Defense Security Cooperation through EFS-Web, the public may on respondents, e.g., the use of Agency, Department of Defense. submit the petitions in this collection to automated collection techniques or ACTION: Notice. the USPTO by mail through the United other forms of information technology. States Postal Service. The USPTO Comments submitted in response to SUMMARY: The Department of Defense is estimates that the majority of mailed this notice will be summarized or publishing the unclassified text of a submissions will be sent in a large included in the request for OMB section 36(b)(1) arms sales notification. envelope via first class postage; rated at approval of this information collection; This is published to fulfill the $3.90. The USPTO estimates that 2,550 they will also become a matter of public requirements of section 155 of Public petitions and fee transmittal forms will record. Law 104–164 dated July 21, 1996.

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FOR FURTHER INFORMATION CONTACT: Ms. Representatives, Transmittals 14–03 Dated: May 15, 2014. B. English, DSCA/DBO/CFM, (703) 601– with attached transmittal and policy Aaron Siegel, 3740. justification. Alternate OSD Federal Register Liaison The following is a copy of a letter to Officer, Department of Defense. the Speaker of the House of

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Transmittal No. 14–03 POLICY JUSTIFICATION proposed in connections with this potential sale. Notice of proposed Issuance of Letter of Iraq—M1151A1 Up-Armored High Implementation of this proposed sale Offer Pursuant to Section 36(b)(1) Of the Mobility Multi-Purpose Wheeled Arms Export Control Act, as amended Vehicles (HMMWVs) will not require U.S. Government or contractor representatives to travel to (i) Prospective Purchaser: Republic of The Government of Iraq has requested Iraq. Iraq a possible sale of 200 M1151A1 Up- There will be no adverse impact on Armored High Mobility Multi-Purpose (ii) Total Estimated Value: U.S. defense readiness as a result of this Wheeled Vehicles (HMMWVs) with M2 proposed sale. Major Defense Equipment: * $100 million .50 cal. machine gun mounts, Other: ...... $ 1 million commercial radios, communication [FR Doc. 2014–11602 Filed 5–19–14; 8:45 am] equipment, repair and spare parts, BILLING CODE 5001–06–P Total: ...... $101 million publications and technical * As defined in Section 47(6) of the Arms Export Control Act. documentation, tools and test DEPARTMENT OF DEFENSE equipment, personnel training and (iii) Description and Quantity of training equipment, U.S. Government Office of the Secretary Articles or Services under Consideration and contractor logistics and technical for Purchase: 200 M1151A1 Up-armored support services, and other related [Transmittal Nos. 13–56] High Mobility Multi-Purpose Wheeled elements of logistics support. The Vehicles (HMMWVs) with M2 .50 cal. estimated cost is $101 million. 36(b)(1) Arms Sales Notification machine gun mounts, commercial This proposed sale will contribute to radios, communication equipment, the foreign policy and national security AGENCY: Defense Security Cooperation repair and spare parts, publications and of the United States by helping to Agency, Department of Defense. technical documentation, tools and test improve the security of a strategic ACTION: Notice. equipment, personnel training and partner. This proposed sale directly training equipment, U.S. Government supports the Government of Iraq and SUMMARY: The Department of Defense is and contractor logistics and technical serves the interests of the people of Iraq publishing the unclassified text of a support services, and other related and the United States. section 36(b)(1) arms sales notification. elements of logistics support. The proposed sale of the M1151 This is published to fulfill the HMMWVs would facilitate progress (iv) Military Department; Army (UGP) requirements of section 155 of Public towards increasing Iraq’s ability to Law 104–164 dated July 21, 1996. (v) Prior Related Cases, if Any: defend its oil infrastructure against FOR FURTHER INFORMATION CONTACT: Ms. FMS Case AAH—$46 million— terrorist attacks. Iraq will use the B. English, DSCA/DBO/CFM, (703) 601– HMMWVs to increase the safety, 29May07 3740. effectiveness, and self-reliance of the FMS Case AAI—$49 million—29May07 The following is a copy of a letter to Iraqi Army’s Oil Pipeline Security the Speaker of the House of (vi) Sales Commission, Fee, etc., Paid, Division. Iraq will have no difficulty Representatives, Transmittals 13–56 Offered or Agreed to be Paid: None absorbing these additional HMMWVs with attached transmittal, policy into its armed forces. justification, and Sensitivity of (vii) Sensitivity of Technology The proposed sale of this equipment Technology and the Section 620C(d). Contained in the Defense Article or and support will not alter the basic Defense Services Proposed to be Sold: military balance in the region. Dated: May 15, 2014. See Attached Annex The principal contractor will be AM Aaron Siegel, (viii) Date Report Delivered to General in South Bend, Indiana. There Alternate OSD Federal Register Liaison Congress: 13 May 2014 are no known offset agreements Officer, Department of Defense.

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Transmittal No. 13–56 Total ...... $170 million upgrades, support and test equipment, spare and repair parts, personnel Notice of Proposed Issuance of Letter of * As defined in Section 47(6) of the Arms Export Control Act. training and training equipment, Offer Pursuant to Section 36(b)(1) of the publications and technical Arms Export Control Act, as amended (iii) Description and Quantity or Quantities of Articles or Services under documentation, U.S. Government and (i) Prospective purchaser: Republic of Consideration for Purchase: Up to 48 contractor engineering, technical, and Turkey MK 48 Mod 6 Advanced Technology logistics support services, and other related elements of logistics support. (ii) Total Estimated Value All-Up-Round (AUR) Warshot Torpedoes, containers, fleet exercise (iv) Military Department: Navy (LLJ) Major Defense Equipment * $126 million sections, exercise fuel tanks, surface (v) Prior Related Cases: None Other ...... $ 44 million recovery cage and tools, exercise (vi) Sales Commission, Fee, etc., Paid, hardware, maintenance facility Offered, or Agreed to be Paid: None

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(vii) Sensitivity of Technology NATO members. Turkey will use the 1. The MK48 torpedo variants are Contained in the Defense Article or enhanced capability of the MK 48 Mod submarine-launched, heavyweight Defense Services Proposed to be Sold: 6 Advanced Technology torpedoes on torpedoes designed for both Anti- See Annex attached the new CERBE Class submarines (214 Submarine Warfare (ASW) and Anti- (viii) Date Report Delivered to Type 1200). Turkey has significant Surface Warfare (ASUW) roles. The Congress: 12 May 2014 experience in maintaining and MK48 Mod 6 Cardbox (with software POLICY JUSTIFICATION supporting advanced torpedoes, installed), Torpedo Operational software particularly MK 46 Mod 5A(S)W and and Warhead Electronics Subsystem Republic of Turkey—MK 48 MK 54 Lightweight Torpedoes (LWT), Software are classified Secret. The TORPEDOES and has capable infrastructure that will Sonar Array, Transmitter, and Warhead require minimal updates. Turkey is The Government of Turkey has Electronics Subsystem are classified capable of integrating, employing, and requested a possible sale of up to 48 MK Confidential. A fully assembled torpedo 48 Mod 6 Advanced Technology All- maintaining the MK 48 Mod 6AT Torpedo. is classified as Confidential for shipping Up-Round (AUR) Warshot Torpedoes, purposes but contains Secret software containers, fleet exercise sections, The proposed sale of this equipment stored internally. State of the art exercise fuel tanks, surface recovery and support will not alter the basic technology is used in the 6AT as it cage and tools, exercise hardware, military balance in the region. maintenance facility upgrades, support The principal contractor will be includes all upgrades from earlier and test equipment, spare and repair Raytheon Company Integrated Defense variants of the MK 48 and inclusion of parts, personnel training and training Systems in Keyport, Washington; and the Mod 4M quieting modifications and equipment, publications and technical Lockheed Martin Sippican in Marion, the capability to swim out of larger documentation, U.S. Government and Massachusetts. There are no known diameter torpedo tubes. Anti-tampering offset agreements associated in contractor engineering, technical, and security measures have been connection with this proposed sale. logistics support services, and other incorporated into the MK 48 Mod 6AT Implementation of this proposed sale related elements of logistics support. torpedo to prevent exploitation of the will not require the assignment of any advanced software and quieting The total estimated cost is $170 million. additional U.S. Government or contract The Republic of Turkey is a partner of technologies. representatives to Turkey; however, the United States in ensuring peace and contractor engineering and technical 2. If a technologically advanced stability in the region. It is vital to the services may be required on an interim adversary were to obtain data on the U.S. national interest to assist our North basis for installations. torpedo, along with characteristics and Atlantic Treaty Organization (NATO) There will be no adverse impact on performance data, systems and ally in developing and maintaining a U.S. defense readiness as a result of this procedures could be developed for strong and ready self-defense capability proposed sale. countermeasures that might reduce the that will contribute to an acceptable military balance in the area. This Transmittal No. 13–56 torpedo’s effectiveness. In addition, the proposed sale is consistent with those information could be used to develop Notice of Proposed Issuance of Letter of torpedo systems with similar objectives. Offer Pursuant to Section 36(b)(1) of the performance capabilities. All such The proposed sale will improve Arms Export Control Act, as amended Turkey’s capability for self defense, releases are closely monitored and modernization, regional security, and Annex—Item No. vii tailored to eliminate or minimize this interoperability with U.S. and other (vii) Sensitivity of Technology: risk.

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[FR Doc. 2014–11625 Filed 5–19–14; 8:45 am] ACTION: Notice. The following is a copy of a letter to BILLING CODE 5001–06–P the Speaker of the House of SUMMARY: The Department of Defense is Representatives, Transmittals 14–04 publishing the unclassified text of a with attached transmittal, policy DEPARTMENT OF DEFENSE section 36(b)(1) arms sales notification. justification, and Sensitivity of Technology. Office of the Secretary This is published to fulfill the requirements of section 155 of Public Dated: May 15, 2014. [Transmittal Nos. 14–04] Law 104–164 dated July 21, 1996. Aaron Siegel, 36(b)(1) Arms Sales Notification FOR FURTHER INFORMATION CONTACT: Ms. Alternate OSD Federal Register Liaison B. English, DSCA/DBO/CFM, (703) 601– Officer, Department of Defense. AGENCY: Defense Security Cooperation 3740. Agency, Department of Defense.

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Transmittal No. 14–04 Total ...... $90 million assistance, personnel training and * training equipment, and other related Notice of Proposed Issuance of Letter of As defined in Section 47(6) of the Arms Export Control Act. elements of program and logistics Offer Pursuant to Section 36(b)(1) Of the support. Arms Export Control Act, as amended (iii) Description and Quantity or Quantities of Articles or Services under (iv) Military Department: U.S. Army (i) Prospective Purchaser: Iraq Consideration for Purchase: 7 Aerostats (UBN) (ii) Total Estimated Value: (17 meter) and 14 Rapid Aerostat Initial (v) Prior Related Cases, if any: None Deployment (RAID) Tower Systems, Major Defense Equipment * $60 million installation, spare and repair parts, (vi) Sales Commission, Fee, etc., Paid, Other ...... $30 million support equipment, publications and Offered, or Agreed to be Paid: None technical data, site surveys, U.S. (vii) Sensitivity of Technology government and contractor technical Contained in the Defense Article or

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Defense Services Proposed to be Sold: Implementation of this proposed sale the same degree of protection for the See Attached Annex will require up to 12 U.S. Government sensitive technology being released as (viii) Date Report Delivered to and contractor representatives to travel the U.S. Government. This sale is Congress: 13 May 2014 to Iraq over a two year period to provide necessary in furtherance of the U.S. technical support, program reviews and foreign policy and national security POLICY JUSTIFICATION training. objectives outlined in the Policy Government of Iraq (GOI)—Aerostat and There will be no adverse impact on Justification. Rapid Aerostat Initial Deployment U.S. defense readiness as a result of this 4. All defense articles and services System Towers proposed sale. listed in this transmittal have been The Government of Iraq has requested Transmittal No. 14–04 authorized for release and export to the Government of Iraq. a possible sale of 7 Aerostats (17 meter) Notice of Proposed Issuance of Letter of [FR Doc. 2014–11608 Filed 5–19–14; 8:45 am] and 14 Rapid Aerostat Initial Offer Pursuant to Section 36(b)(1) of the Deployment (RAID) Tower Systems, Arms Export Control Act BILLING CODE 5001–06–P installation, spare and repair parts, support equipment, publications and Annex—Item No. vii technical data, site surveys, U.S. (vii) Sensitivity of Technology: DEPARTMENT OF DEFENSE government and contractor technical 1. The Aerostat and Rapid Aerostat Office of the Secretary assistance, personnel training and Initial Deployment (RAID) System training equipment, and other related Towers are Unclassified. The Aerostat is elements of program and logistics a large fabric balloon filled with helium [Transmittal Nos. 14–12] support. The estimated cost is $90 and has the capability to carry up to a million. 200 pound payload and reach a 36(b)(1) Arms Sales Notification This proposed sale will contribute to maximum altitude of 1000 meters. AGENCY: Defense Security Cooperation the foreign policy and national security Aerostat operator/support personnel Agency, Department of Defense. of the United States by helping to consist of an 8–12 person team. The ACTION: Notice. improve the security of a strategic RAID tower will be the 107 foot variant partner. This proposed sale directly supported by 3–5 person teams. The SUMMARY: The Department of Defense is supports the Government of Iraq and common sensor for both platforms is the publishing the unclassified text of a serves the interests of the people of Iraq Forward Looking Infrared Radar (FLIR) section 36(b)(1) arms sales notification. and the United States. manufactured Star Safire III (max range This is published to fulfill the This proposed sale would facilitate 18K). These systems provide downward requirements of section 155 of Public progress towards increasing the Iraq’s looking surveillance but do not provide Law 104–164 dated July 21, 1996. ability to provide protection of national a targeting capability. The enhanced FOR FURTHER INFORMATION CONTACT: Ms. level command and control sites, Battlespace Reconnaissance Intelligence B. English, DSCA/DBO/CFM, (703) 601– military installations, and other critical Surveillance software and mapping data 3740. infrastructure against terrorist attacks. are commercial variants. The following is a copy of a letter to Iraq will have no difficulty absorbing 2. If a technologically advanced the Speaker of the House of this equipment into its armed forces. adversary were to obtain knowledge of Representatives, Transmittals 14–12 The proposed sale of this equipment the specific hardware and software with attached transmittal, policy and support will not alter the basic elements, the information could be used justification, and Sensitivity of military balance in the region. to develop countermeasures that might Technology. The principal contractor will be reduce weapon system effectiveness or Raytheon Company of Arlington, be used in the development of a system Dated: May 15, 2014. Virginia. There are no known offset with similar or advanced capabilities. Aaron Siegel, agreements proposed in connection 3. A determination has been made Alternate OSD Federal Register Liaison with this potential sale. that the recipient country can provide Officer, Department of Defense.

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Transmittal No. 14–12 (iii) Description and Quantity or documents, personnel training and Notice of Proposed Issuance of Letter of Quantities of Articles or Services under training equipment, U.S. Government Offer Pursuant to Section 36(b)(1) of the Consideration for Purchase: Up to 350 and contractor technical assistance, and Arms Export Control Act, as amended AIM–9X–2 Sidewinder Tactical other related elements of logistics and Missiles, 35 AIM–9X Special Air program support. (i) Prospective Purchaser: Australia Training Missiles (NATM), 95 AIM–9X– (iv) Military Department: Navy (AZT) (ii) Total Estimated Value: 2 Captive Air Training Missiles (CATM), (v) Prior Related Cases, if any: FMS Major Defense Equipment * $476 million 22 AIM–9X–2 Tactical Guidance Units, Case AYD-$46.7M–30Oct07 Other ...... $ 58 million 19 CATM–9X–2 Guidance Units, 3 (vi) Sales Commission, Fee, etc., Paid, DATM–9X, containers, test sets and Offered, or Agreed to be Paid: None Total ...... $534 million support equipment, spare and repair * As defined in Section 47(6) of the Arms (vii) Sensitivity of Technology Export Control Act. parts, publications and technical Contained in the Defense Article or

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Defense Services Proposed to be Sold: offset agreements proposed in vulnerabilities, design and performance See Attached Annex connection with this potential sale. parameters, and similar critical (viii) Date Report Delivered to Implementation of this sale may information. Congress: 13 May 2014 require the assignment of additional 3. If a technologically advanced U.S. Government or contractor adversary were to obtain knowledge of POLICY JUSTIFICATION representatives in Australia to provide the specific hardware and software Australia—AIM 9X–2 Sidewinder technical and logistics support for two elements, the information could be used Missiles years. U.S. Government and contractor to develop countermeasures that might representatives will also participate in reduce weapon system effectiveness or The Government of Australia has program management and technical be used in the development of a system requested a possible sale of up to 350 reviews for one-week intervals twice with similar advanced capabilities. AIM–9X–2 Sidewinder Tactical annually. 4. A determination has been made Missiles, 35 AIM–9X Special Air There will be no adverse impact on that the recipient country can provide Training Missiles (NATMs), 95 AIM– U.S. defense readiness as a result of this the same degree of protection for the 9X–2 Captive Air Training Missiles proposed sale. sensitive technology being released as (CATMs), 22 AIM–9X–2 Tactical Transmittal No. 14–12 the U.S. Government. This sale is Guidance Units, 19 CATM–9X–2 necessary in furtherance of the US Guidance Units, 3 DATM–9X, Notice of Proposed Issuance of Letter of foreign policy and national security containers, test sets and support Offer Pursuant to Section 36(b)(1) of the objectives outlined in the Policy equipment, spare and repair parts, Arms Export Control Act Justification. publications and technical documents, Annex—Item No. vii 5. All defense articles and services personnel training and training listed in this transmittal have been equipment, U.S. Government and (vii) Sensitivity of Technology: 1. The AIM–9X–2 (Block II) authorized for release and export to the contractor technical assistance, and Government of Australia. other related elements of logistics and Sidewinder Missile represents a program support. The estimated cost is substantial increase in missile [FR Doc. 2014–11600 Filed 5–19–14; 8:45 am] $534 million. acquisition and kinematics performance BILLING CODE 5001–06–P over the AIM–9M and replaces the Australia is an important ally in the AIM–9X (Block I) Missile configuration. Western Pacific that contributes The missile includes a high off- DEPARTMENT OF DEFENSE significantly to ensuring peace and boresight seeker, enhanced stability in the region. Australia’s efforts countermeasure rejection capability, Office of the Secretary in peacekeeping and humanitarian low drag/high angle of attack airframe, operations have made a significant and the ability to integrate the Helmet [Transmittal Nos. 13–79] impact on regional, political and Mounted Cueing System. The software economic stability and have served U.S. algorithms are the most sensitive 36(b)(1) Arms Sales Notification national security interests. portion of the AIM–9X–2 missile. A This proposed sale will improve the AGENCY: Defense Security Cooperation Software Improvement Program (SIP) Agency, Department of Defense. Royal Australian Air Force’s (RAAF) air provides for Software updates. No ACTION: Notice. to air capability and ability to defend its software source code or algorithms will nation and cooperate with allied air be released. The missile is classified as SUMMARY: The Department of Defense is forces. These missiles will be used on Confidential. publishing the unclassified text of a the RAAF’s F/A–18 aircraft (and 2. The AIM–9X–2 will result in the section 36(b)(1) arms sales notification. eventually F–35 aircraft) and will transfer of sensitive technology and This is published to fulfill the maintain the RAAF’s air-to-air information. The equipment, hardware, requirements of section 155 of Public capability to defend its extensive and documentation are classified Law 104–164 dated July 21, 1996. coastlines against future threats. The Confidential. The software and FOR FURTHER INFORMATION CONTACT: proposed sale will enhance RAAF’s operational performance are classified Ms. ability to operate with coalition forces Secret. The seeker/guidance control B. English, DSCA/DBO/CFM, (703) 601– in bilateral and multilateral exercises section and the target detector are 3740. and potential air defense operations. Confidential and contain sensitive state- The following is a copy of a letter to Australia will have no difficulty of-the-art technology. Manuals and the Speaker of the House of absorbing these missiles into its armed technical documentation that are Representatives, Transmittals 13–79 forces. necessary or support operational use with attached transmittal, policy The proposed sale of this equipment and organizational management are justification, and Sensitivity of and support will not alter the basic classified up to Secret. Performance and Technology. military balance in the region. operating logic of the counter- Dated: May 15, 2014. The principal contractor will be countermeasures circuits are classified Aaron Siegel, Raytheon Missile Systems Company in Secret. The hardware, software, and Alternate OSD Federal Register Liaison Tucson, Arizona. There are no known data identified are classified to protect Officer, Department of Defense.

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Transmittal No. 13–79 (iii) Description and Quantity or support, ferry services, personnel Notice of Proposed Issuance of Letter of Quantities of Articles or Services under training and training equipment, U.S. Offer Pursuant to Section 36(b)(1) of the Consideration for Purchase: 24 AT–6C Government and contractor engineering Arms Export Control Act, as amended Texan II Aircraft, 2 spare PT–6A–68 and logistics support services, and other Turboprop engines, 2 spare ALE–47 related elements of logistics support. (i) Prospective Purchaser: Iraq Counter-Measure Dispensing Systems (iv) Military Department: Air Force (ii) Total Estimated Value: and/or 2 spare AAR–47 Missile Launch (SAC) Major Defense Equipment * $290 million Detection Systems, non-SAASM global (v) Prior Related Cases, if any: None Other ...... $500 million positioning systems with CMA–4124, (vi) Sales Commission, Fee, etc., Paid, spare and repair parts, maintenance, Offered, or Agreed to be Paid: None Total ...... $790 million support equipment, publications and * As defined in Section 47(6) of the Arms (vii) Sensitivity of Technology Export Control Act. technical documentation, tanker Contained in the Defense Article or

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Defense Services Proposed to be Sold: There will be no adverse impact on identifies, and displays potential See Annex attached. U.S. defense readiness as a result of this threats. The AN/AAR–47 warns of (viii) Date Report Delivered to proposed sale. missile approach by detecting radiation associated with the rocket motor and Congress: 13 May 2014 Transmittal No. 13–79 automatically initiates flare ejection. POLICY JUSTIFICATION Notice of Proposed Issuance of Letter of Hardware is Unclassified. Software is Iraq—AT–6C Texan II Aircraft Offer Pursuant to Section 36(b)(1) of the classified up to Secret. Technical data Arms Export Control Act The Government of Iraq has requested and documentation to be provided is a possible sale of 24 AT–6C Texan II Annex—Item No. vii Unclassified. Aircraft, 2 spare PT–6A–68 Turboprop 4. If a technologically advanced (vii) Sensitivity of Technology: adversary were to obtain knowledge of engines, 2 spare ALE–47 Counter- 1. The AT–6C is a light attack variant the specific hardware and software Measure Dispensing Systems and/or 2 of the T–6B military training aircraft elements, the information could be used spare AAR–47 Missile Launch Detection designed to employ in a low threat to develop countermeasures that might Systems, non-SAASM global scenario against unconventional threats. positioning systems with CMA–4124, It is equipped with an integrated reduce weapon system effectiveness or spare and repair parts, maintenance, Electro-Optical/Infrared (EO/IR) Laser be used in the development of a system support equipment, publications and sensor suite, which gives it a day/night with similar or advanced capabilities. 5. A determination has been made technical documentation, tanker Intelligence Surveillance that the recipient country can provide support, ferry services, personnel Reconnaissance (ISR) capability with a the same degree of protection for the training and training equipment, U.S. laser illuminator/range finder/ sensitive technology being released as Government and contractor engineering designator to allow employment of the the U.S. Government. This sale is and logistics support services, and other AGM–114M3 missile. The aircraft has necessary in furtherance of the U.S. related elements of logistics support. six external hardpoints for weapons and foreign policy and national security The estimated cost is $790 million. fuel carriage. The Iraqi variant will be objectives outlined in the Policy This proposed sale will contribute to equipped for AGM–114 missiles, Justification. the foreign policy and national security external fuel tanks, and HMP–400 .50 6. All defense articles and services of the United States by helping to cal gun pods. The ISR package allows listed in this transmittal have been improve the security of a strategic for datalink capabilities which are authorized for release and export to the partner. This proposed sale directly compatible with the current Iraqi ISR Government of Iraq. supports the Government of Iraq and assets. Critical cockpit, fuel system, and serves the interests of the people of Iraq engine components will have aircraft [FR Doc. 2014–11621 Filed 5–19–14; 8:45 am] and the United States. armor able to withstand small arms fire. BILLING CODE 5001–06–P The proposed sale of these aircraft, The hardware and software are equipment, and support will enhance Unclassified. Technical data and DEPARTMENT OF DEFENSE the ability of the Iraqi forces to sustain documentation to be provided are themselves in their efforts to bring Unclassified. Office of the Secretary stability to Iraq and to prevent overflow 2. The AN/ALE–47 Counter-Measures of unrest into neighboring countries. Dispensing System (CMDS) is an Renewal of Department of Defense The proposed sale of this equipment integrated, threat-adaptive, software- Federal Advisory Committees and support will not alter the basic programmable dispensing system military balance in the region. capable of dispensing chaff, flares, and AGENCY: DoD. The principal contractors will be: active radio frequency expendables. The ACTION: Renewal of Federal Advisory Committee. Beechcraft Defense Company, Wichita, threats countered by the CMDS include Kansas radar-directed anti-aircraft artillery (AAA), radar command-guided missiles, SUMMARY: The Department of Defense Lockheed Martin Mission Systems and radar homing-guided missiles, and (DoD) is publishing this notice to Training, Oswego, New York infrared (IR) guided missiles. The announce that it is renewing the charter CAE USA, Little Rock, Arkansas and system is internally mounted and may for the U.S. Army Science Board (‘‘the Tampa, Florida be operated as a stand-alone system or Board’’). Pratt & Whitney Corporation, Quebec, may be integrated with other on-board FOR FURTHER INFORMATION CONTACT: Jim Canada and Bridgeport, West Virginia EW and avionics systems. The AN/ Freeman, Advisory Committee Martin Baker in Middlesex, United ALE–47 uses threat data received over Management Officer for the Department Kingdom the aircraft interfaces to assess the threat of Defense, 703–692–5952. Hartzell Propeller, Piqua, Ohio situation and to determine a response. SUPPLEMENTARY INFORMATION: This Canadian Marconi, Montreal, Canada Expendable routines tailored to the committee’s charter is being renewed L–3COM Wescam, Burlington, Canada immediate aircraft and threat under the provisions of the Federal L–3COM Systems West, Salt Lake City, environment may be dispensed using Advisory Committee Act of 1972 (5 Utah one of four operational modes. U.S.C. Appendix, as amended), the There are no known offset agreements Hardware is Confidential. Software is Government in the Sunshine Act of proposed in connection with this classified up to Secret. Technical data 1976 (5 U.S.C. 552b) (‘‘the Sunshine potential sale. and documentation to be provided are Act’’), and 41 CFR 102–3.50(d). The proposed sale will involve Unclassified. The Board is a discretionary Federal multiple trips to Iraq involving many 3. The AN/AAR–47 Missile Approach advisory committee that shall provide U.S. government and contractor Warning System (MWS): The AN/AAR– independent advice and representatives over a period of 15 years 47 is an aircraft passive MWS designed recommendations to the Secretary of for program management, program and for detection of incoming surface-to-air Defense; the Secretary of the Army; the technical reviews, training, maintenance and air-to-air missiles on transport and Under Secretary of the Army and support, and site surveys. helicopter aircraft. The system detects, Department of the Army Chief

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Management Officer; the Assistant DoD, when necessary and consistent Army and the Chief of Staff of the U.S. Secretary of the Army for Acquisition, with the Board’s mission and DoD Army. Logistics, and Technology; and other policies and procedures, may establish The estimated number of Board Army organizations as determined by subcommittees, task forces, or working meetings is four per year. the Secretary of the Army and according groups to support the Board. The Board’s Designated Federal to DoD policy, on matters relating to the Establishment of subcommittees will be Officer (DFO) shall be a full-time or Army’s scientific, technical, based upon a written determination, to permanent part-time DoD employee and manufacturing, acquisition, logistics, include terms of reference, by the shall be appointed in accordance with and business management functions, Secretary of Defense, the Deputy established DoD policies and and other matters as determined by the Secretary of Defense, or the Secretary of procedures. Secretary of the Army. the Army, as the DoD Sponsor. The Board’s DFO, pursuant to DoD The Board is not established to advise Such subcommittees shall not work policy, shall be a full-time or permanent on individual DoD or Department of the independently of the Board and shall part-time DoD employee, and shall be Army acquisitions, but instead shall be report all of their recommendations and appointed in accordance with concerned with the pressing and advice solely to the Board for full and established DoD policies and complex technology and business open deliberation and discussion. procedures. management issues facing the Subcommittees, task forces, or working Department of the Army. groups have no authority to make The Board’s DFO is required to be in The DoD, through the Department of decisions and recommendations, attendance at all meetings of the Board the Army, shall provide support as verbally or in writing, on behalf of the and any subcommittees for the entire deemed necessary for the Board’s Board. No subcommittee or any of its duration of each and every meeting; performance, and shall ensure members can update or report, verbally however, in the absence of the DFO, a compliance with the requirements of the or in writing, on behalf of the Board, properly approved Alternate DFO shall FACA, the Government in the Sunshine directly to the DoD or any Federal attend the entire duration of all of the Act of 1976 (5 U.S.C. 552b, as amended) officer or employee. meetings of the Board and its (‘‘the Sunshine Act’’), governing Federal The Secretary of Defense or the subcommittees. statutes and regulations, and governing Deputy Secretary of Defense will The DFO, or the Alternate DFO, shall DoD policies and procedures. appoint subcommittee members to a call all meetings of the Board and its The Board shall be comprised of no term of service of three years, even if the subcommittees; prepare and approve all more than 20 voting members who are member in question is already a member meeting agendas; and adjourn any eminent authorities in one or more of of the Board. Subcommittee members meeting when the DFO, or the Alternate the following disciplines: Science, shall not serve more than two DFO, determines adjournment to be in technology, manufacturing, acquisition, consecutive terms of service unless the public interest or required by logistics, and business management authorized by the Secretary of Defense governing regulations or DoD policies functions, and other matters of special or the Deputy Secretary of Defense. and procedures. interest to the Department of the Army. Subcommittee members, if not full- Pursuant to 41 CFR 102–3.105(j) and The Secretary of the Army, as time or permanent part-time Federal 102–3.140, the public or interested authorized by the Secretary of Defense, employees, will be appointed as experts organizations may submit written shall designate the Board’s Chairperson and consultants, under the authority of statements to U.S. Army Science Board and Vice Chairperson from the Board’s 5 U.S.C. 3109, to serve as SGE members, membership about the Board’s mission total membership. All Board member whose appointments must be renewed and functions. Written statements may appointments must be renewed by the on an annual basis. Subcommittee be submitted at any time or in response Secretary or Deputy Secretary of members appointed by the Secretary of to the stated agenda of planned meeting Defense on an annual basis. Defense, who are full-time or permanent of U.S. Army Science Board. Board members appointed by the part-time Federal employees, shall serve All written statements shall be Secretary of Defense or the Deputy as RGE members. With the exception of submitted to the DFO for the U.S. Army Secretary of Defense, who are not full- reimbursement of official travel and per Science Board, and this individual will time or permanent part-time federal diem related to the Board or its ensure that the written statements are employees, shall be appointed as subcommittees, subcommittee members provided to the membership for their experts and consultants under the shall serve without compensation. consideration. Contact information for authority of 5 U.S.C. 3109 to serve as All subcommittees operate under the the U.S. Army Science Board DFO can special government employee (SGE) provisions of FACA, the Sunshine Act, be obtained from the GSA’s FACA members. Board members appointed by governing Federal statutes and Database—http:// the Secretary of Defense, who are full- regulations, and established DoD www.facadatabase.gov/. time or permanent part-time Federal policies and procedures. The DFO, pursuant to 41 CFR 102– employees, shall serve as regular The Board shall include up to four 3.150, will announce planned meetings government employee (RGE) members. permanent subcommittees consistent of the U.S. Army Science Board. The Board members shall serve a term of with its mission and established Federal DFO, at that time, may provide service of three years on the Board. No and DoD policies and procedures. The additional guidance on the submission member may serve more than two four Board subcommittees (Basic of written statements that are in consecutive terms of service without the Sciences and Disruptive Technologies response to the stated agenda for the Secretary or Deputy Secretary of subcommittee; Weapon Systems planned meeting in question. Defense approval. This same term of subcommittee; C4ISR subcommittee; service limitation also applies to any and Systems Engineering, Integration, Dated: May 15, 2014. DoD authorized subcommittees. and Sustainment subcommittee) reflect Aaron Siegel, With the exception of reimbursement the Army core competency areas Alternate OSD Federal Register Liaison for official Board-related travel and per recommended by the 2013 Army Officer, Department of Defense. diem, Board members shall serve Science & Technology Core Competency [FR Doc. 2014–11633 Filed 5–19–14; 8:45 am] without compensation. Study briefed to the Secretary of the BILLING CODE 5001–06–P

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DEPARTMENT OF DEFENSE governmental organizations, to plan and or consolidation of the defense carry out community adjustment and contractor operating the defense facility; Office of the Secretary economic diversification activities in the cancellation or termination of a DoD response to the cancellation or contract; or the failure to proceed with Announcement of Federal Funding termination of a Department of Defense an approved major weapon system Opportunity (FFO) contract; the failure to proceed with an program. AGENCY: Office of Economic Adjustment approved major weapon system This DoD activity must result in the (OEA), Department of Defense (DoD). program; a publicly announced planned loss of: 2,500 or more employee major reduction in DoD spending; or the positions, in the case of a Metropolitan ACTION: Federal Funding Opportunity Statistical Area; 1,000 or more employee Announcement. closure or significantly reduced operations of a defense facility as the positions, in the case of a labor market SUMMARY: This notice announces a result of the merger, acquisition, or area outside of a Metropolitan Statistical federal funding opportunity (FFO) to consolidation of the defense contractor Area; or one percent of the total number obtain funding from the Office of operating a defense facility. of civilian jobs in the local labor market for the impacted area. For the purposes Economic Adjustment (OEA) for II. Award Information community planning assistance and of demonstrating eligibility, only direct economic diversification in response to OEA is accepting proposals for grant (i.e., prime and supply chain) job loss reductions or cancellations in assistance to support communities or may be counted, and respondents may Department of Defense (DoD) regions in organizing and planning local document a cumulative job loss over the acquisition spending. Assistance may be economic adjustment programs. span of not more than three consecutive granted if the reduction has a direct and Proposals will be evaluated by OEA staff years (e.g., two years prior to proposal significant adverse effect on a in coordination with representatives and one year forward). Induced job loss community or its residents. This notice from the U.S. Departments of Commerce will not be considered as a factor in includes proposal submission and Labor, as well as other Federal demonstrating eligibility. The requirements and instructions, and agencies as invited by OEA, against the respondent must also explain how this eligibility and selection criteria that will eligibility criteria provided in Section III job loss will cause direct and significant be used to evaluate proposals from of this notice and the selection criteria adverse effects to the community or eligible respondents. OEA grants to a provided in Section V of this notice. residents in the area. state or local government may result OEA will invite eligible respondents Funding will be awarded to only one from proposals submitted under this that submit successful proposals to governmental entity on behalf of a submit full e-grant applications for notice, subject to available region, so regional respondents should review. To receive a grant award, an appropriations. demonstrate a significant level of eligible respondent must submit both a cooperation in their proposal. DATES: Proposals will be considered on successful proposal and an acceptable A proposal from a State respondent a continuing basis, subject to available grant application. The final amount of must demonstrate how the proposed appropriations, commencing on the date each award will be determined by OEA grant would support adversely affected of publication of this notice. OEA will based upon a review of the proposal and communities, businesses and workers; evaluate all proposals and provide a grant application, as well as comments support local adjustment and response to a respondent within 30 from other Federal agencies, and will be diversification initiatives or planning business days of OEA’s receipt of a subject to availability of funds. Grants for such initiatives; and stimulate final, complete proposal. may pay for up to 90% of a project’s cooperation between statewide and ADDRESSES: Email: total cost, with the respondent required local adjustment and diversification [email protected]. to pay not less than 10% of the project’s efforts. The proposal should also Include ‘‘Proposal for Defense Industry total cost through non-Federal funding explain efforts to provide business Community Adjustment Assistance’’ on as local match. OEA reserves the right planning and market exploration the subject line of the message and to cancel an award for non-performance. services to defense contractors and request delivery/read confirmation to States may request assistance to subcontractors seeking modernization or ensure receipt. enhance their capacity to assist diversification assistance as well as any OEA will review all proposals for adversely affected communities, training, counseling, and placement which receipt has been confirmed. businesses, and workers; support local services to dislocated armed forces and FOR FURTHER INFORMATION CONTACT: Mr. adjustment and diversification defense workers. Eligible proposals from Michael Gilroy, DIA Program Co-Lead, initiatives; and stimulate cooperation respondents other than states must be OEA, at (703) 697–2081 or between statewide and local adjustment designed to allow an affected region to: [email protected]. and diversification efforts. (1) Organize itself to represent and respond on behalf of affected SUPPLEMENTARY INFORMATION: III. Eligibility Information Federal Funding Opportunity Title: communities, workers, and businesses; Community Economic Adjustment States, counties, municipalities, other (2) plan local community and economic Assistance for Reductions in Defense political subdivisions of a State; special adjustment activities to assist affected Industry Employment. purpose units of a State or local communities, workers, and businesses; Announcement Type: Federal government; and tribal nations are and (3) carry-out plans to effectively Funding Opportunity. eligible for funding under this notice. If respond to the defense impacts and Catalog of Federal Domestic multiple sub-State jurisdictions respond stabilize the local economy. Assistance (CFDA) Number: 12.611. to the same event, only one proposal Respondents must specifically will be considered. A proposal must demonstrate how the proposed project I. Funding Opportunity Description respond to: A publicly announced will replace lost jobs, improve the OEA is a DoD Field Activity planned major reduction in DoD resiliency of affected defense authorized under 10 U.S.C. § 2391 to spending; the closure or significantly manufacturers, and assist displaced provide assistance to entities of state or reduced operations of a defense facility workers in order to stabilize the local local governments, including regional as the result of the merger, acquisition, economy.

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Eligible activities may include (but sided pages exclusive of cover sheet H. Grants Management: Evidence of are not limited to): Staffing, operating, and/or transmittal letter, and must the intended recipient’s ability and and administrative costs for an include the following information: authority to manage grant funds; organization; outreach to businesses, A. Point of Contact: Name, phone I. Submitting Official: Documentation workers, and other community interests; number, email address, and that the Submitting Official is regional supply-chain mapping of organization address of the respondent’s authorized by the respondent to submit defense-specific industry clusters; asset primary point of contact; a proposal and subsequently apply for mapping to support a response; B. Defense Action/Impact: A assistance. OEA reserves the right to ask any economic data collection and analysis to description of the publicly announced respondent to supplement the identify regional comparative planned major reduction in Department information in its proposal, but expects advantages; preparation of of Defense (DoD) spending; the closure proposals to be complete upon diversification plans to lessen economic or significantly reduced operations of a submission. To the extent practicable, dependency on defense expenditures; defense facility as the result of the OEA encourages respondents to provide facilitation of workforce adjustment and merger, acquisition, or consolidation of data and evidence of all project merits retraining efforts; provision of business the defense contractor operating the in a form that is publicly available and planning and market exploration defense facility; the cancellation or services for defense contractors and sub- verifiable. termination of a DoD contract; or the Proposals must be submitted contractors that seek modernization or failure to proceed with an approved diversification assistance; and, electronically to: Director, OEA, using major weapon system program. Also the electronic address described in preliminary strategies and plans for the include documentation of the known or ADDRESSES. potential reuse or redevelopment of anticipated job loss; the average existing defense facilities. unemployment rate over the past year; V. Application Review Information Funds available under this program the current unemployment rate; and Selection Criteria—Upon validating should not duplicate nor replicate other factors indicating community respondent eligibility, to include job activities otherwise eligible for/ impact and need; loss numbers and whether there is a funded through other Federal C. Project Description: A description direct and significant adverse impact as programs. Respondents are of the proposed project, including how a result of the job loss on the area, OEA encouraged to submit proposals that the project addresses the impacts of will consider each of the following demonstrate appropriate leverage of Defense actions on communities, equally-balanced factors as a basis to all public and private resources and workers, and businesses, how the invite formal grant applications: programs, such as: project will capitalize on existing • An appropriate and clear project • U.S. Department of Commerce’s strengths (e.g. infrastructure, design to address the need, problem, or Manufacturing Extension Partnership institutions, capital, etc.) within the issue identified; (MEP) Program for provision of relevant affected area, and how the project • Evidence of an holistic approach to assistance to the region’s manufacturers would be integrated with existing/ the problem which leverages education, that operate as part of affected Defense ongoing economic development efforts; the workforce system, businesses, supply chains; higher education, economic • D. Project Parties: A description of the State, regional, and local economic local partner organizations/ development, and other relevant assets development organizations which often jurisdictions, and their roles and at local, state, regional, and Federal work with the U.S. Department of levels; responsibilities, that will carry out the • Commerce’s Economic Development proposed project, including letters of The innovative quality of the Administration (EDA); support as attachments which will not proposed approach to economic • Small Business Development count against the ten-page limit; adjustment, or economic diversification; Centers as well as local Small Business and, Administration District offices; and E. Grant Funds and Other Sources of • A reasonable proposed budget with • U.S. Department of Labor’s (DOL) Funds: A summary of local needs, local match commitment and schedule Employment and Training including need for Federal funding; an for completion of the work program Administration (ETA) grantees, overview of all State and local funding specified. including local Workforce Investment sources, including the funds requested Review and Selection Process—All Boards and/or American Job Centers. under this notice; financial proposals will be reviewed on their commitments for other Federal and non- Funds provided under this program may individual merit by a panel of OEA staff, Federal funds needed to undertake the not be used to directly identify or all of whom are Federal employees. project to include acknowledgment to assist a business, including a business OEA will also seek the input of other provide not less than 10% of the expansion, in the relocation of a Federal agencies with relevant expertise funding from non-Federal sources; a plant, facility, or operation from one (e.g., Labor, Commerce, and the Small description of any other Federal funding Labor Market Area (LMA) to another Business Administration) in the for which the respondent has applied, if the relocation is likely to result in evaluation of proposals. OEA will notify or intends to apply to support this the loss of jobs in the LMA from the respondent within thirty (30) days of effort; and, a statement detailing how which the relocation occurs. receipt of a proposal whether their the proposal is not duplicative of other proposal was successful and will then IV. Application and Submission available Federal funding; invite the respondent to submit a more Information F. Project Schedule: A sufficiently detailed electronic grant (eGrant) Proposals will be accepted as received detailed project schedule, including application, and assign a Project on a continuing basis commencing on milestones; Manager to advise and assist successful the date of this publication and G. Performance Metrics: A description respondents in the preparation of the processed when deemed to be a final, of metrics to be tracked and evaluated application. Grant applications will be complete proposal. Each proposal shall over the course of the project to gauge reviewed for their completeness and consist of no more than ten (10) single- performance of the project; accuracy and a grant award notification

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will be issued, to the extent possible, —31 U.S.C. 7502(h), ‘‘The Single Audit Reporting—OEA requires quarterly within seven (7) business days from its Act,’’ as implemented in OMB performance reports, an interim receipt. Circular A–133, ‘‘Audits of States, financial report for each 12 months a Unsuccessful respondents will be Local Governments, and Non-Profit grant is active, and one final notified that their proposal was not Organizations’’; performance report for any grant. The selected for further action and funding, —2 CFR part 180, ‘‘OMB Guidelines to performance reports will contain and may request a debriefing on their Agencies on Government-wide information on the following: submitted proposal. Requests for Debarment and Suspension • A comparison of actual debriefing must be submitted within 3 (Nonprocurement),’’ as accomplishments to the objectives calendar days of notification of an implemented by DoD in 2 CFR part established for the period; unsuccessful proposal. 1125, ‘‘Department of Defense • Reasons for slippage if established OEA is committed to conducting a Nonprocurement Debarment and objectives were not met; transparent financial assistance award Suspension’’; • Additional pertinent information process and publicizing information —32 CFR part 26, ‘‘Government-wide when appropriate; about decisions. Respondents are Requirements for Drug-Free • A comparison of actual and advised that their respective Workplace (Financial Assistance),’’ projected quarterly expenditures in the applications and information related to including subpart B, ‘‘Requirements grant; and, their review and evaluation may be for Recipients Other Than • Amount of Federal cash on hand at shared publicly. In the event of a grant Individuals’’; the beginning and end of the reporting award, information about project —32 CFR part 28, ‘‘New Restrictions on period. progress and related results may also be Lobbying’’; The final performance report must made publicly available. —2 CFR part 25, ‘‘Universal Identifier contain a summary of activities for the and Central Contractor entire grant period. All required VI. Award Administration Information Registration’’ (now found in the deliverables should be submitted with In the event a grant is awarded, the System for Award Management the final performance report. The final successful respondent (Grantee) will (SAM) at www.sam.gov). SF 425, ‘‘Federal Financial Report,’’ receive a notice of award in the form of Awards (including supplemental must be submitted to OEA within 90 a Grant Agreement, signed by the awards) made after December 26, 2014 days after the end of the grant. Any Director, OEA (Grantor), on behalf of the may reflect revisions in accordance with grant funds actually advanced and not Department of Defense. The Grant DoD implementation of new OMB needed for grant purposes shall be Agreement will be transmitted guidance in 2 CFR part 200, ‘‘Uniform returned immediately to OEA. Upon electronically or, if necessary, by U.S. Administrative Requirements, Cost award, OEA will provide a schedule for Mail. Principles, and Audit Requirements for reporting periods and report due dates Administrative and National Policy Federal Awards’’. in the Grant Agreement. Requirements—Any grant awarded Grant Award Determination— under this program will be governed by Selection of an organization under this VII. Agency Contacts the provisions of the OMB circulars FFO does not constitute approval of a For further information, to answer applicable to financial assistance and grant for the proposed project as questions, or for help with problems, DoD’s implementing regulations in submitted. Before any funds are contact: Mr. Michael Gilroy, OEA DIA place at the time of the award. A awarded, OEA may enter into Program Co-Lead, at (703) 697–2081, Grantee receiving funds under this negotiations about such items as [email protected], or opportunity and any consultant/ program components, staffing and regular mail at 2231 Crystal Drive, Suite contractor operating under the terms of funding levels, and administrative 520, Arlington, VA 22202–3711. The a grant shall comply with all Federal, systems in place to support OEA homepage address is: http:// State, and local laws applicable to its implementation of the award. The www.oea.gov. amount of available funding may activities. Current requirements that VIII. Other Information may apply include the following: require the final award amount to be —Administrative requirements in: less than that originally requested by the No Obligation for Future Funding— —32 Code of Federal Regulations respondent. If the negotiations do not Amendment or renewal of an award to (CFR) part 33, ‘‘Uniform result in a mutually acceptable increase funding or to extend the period Administrative Requirements for submission, OEA reserves the right to of performance is at the discretion of Grants and Cooperative Agreements terminate the negotiations and decline OEA. If a respondent is awarded to State and Local Governments’’; or to fund an application. OEA further funding under this FFO, neither the 32 CFR part 32, ‘‘Administrative reserves the right not to fund any DOC, EDA, National Institute of Requirements for Grants and application received under this FFO. Standards and Technology, DOL, ETA, Agreements with Institutions of In the event the respondent is nor Small Business Administration are Higher Education, Hospitals, and awarded a grant that is less than the under any obligation to provide any Other Non-Profit Organizations’’; amount requested, the respondent will additional future funding in connection —Provisions governing allowable costs be required to modify its grant with that award or to make any future in: application to conform to the reduced award(s). —OMB Circular A–87, ‘‘Cost amount before execution of the grant Intellectual Property Rights—In the Principles for State, Local, and agreement. OEA reserves the right to event of a grant award, the Grantee may Indian Tribal Governments’’; reduce or withdraw the award if copyright any work that is subject to —OMB Circular A–21, ‘‘Cost acceptable modifications are not copyright and was developed, or for Principles for Educational submitted by the awardee within 15 which ownership was purchased, under Institutions’’; or working days from the date the request an award. The Federal awarding —OMB Circular A–122, ‘‘Cost for modification is made. Any agencies reserve a royalty-free, Principles for Non-Profit modifications must be within the scope nonexclusive and irrevocable right to Organizations’’; of the original application. reproduce, publish, or otherwise use the

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work for Federal purposes, and to If you prefer to send your comments streams—formula grants, discretionary authorize others to do so. Such uses by email, use the following address: grants and set-aside—for the common include, but are not limited to, the right [email protected]. You must purpose of advancing literacy skills. The to modify and distribute such products include the phrase ‘‘Proposed waiver FY 2010 formula grant program awarded worldwide by any means, electronically and extension of the project period’’ in $10 million to 46 States, the District of or otherwise. The grantee may not use the subject line of your message. Columbia and the Commonwealth of Federal funds to pay any royalty or FOR FURTHER INFORMATION CONTACT: Puerto Rico to assist States in creating license fee for use of a copyrighted Rosemary Fennell by telephone at (202) or maintaining a State Literacy Team of work, or the cost of acquiring by 401–2425 or by email at: at least nine members with expertise in purchase a copyright in a work, where [email protected]. literacy development and education for the Department has a license or rights of If you use a telecommunications children from birth through grade 12 to free use in such work. If revenues are device for the deaf (TDD) or a text assist the State in developing a generated through selling products telephone (TTY), call the Federal Relay comprehensive literacy plan. developed with grant funds, including Service (FRS), toll free, at 1–800–877– FY 2010 funds also were distributed intellectual property, these revenues are 8339. through a discretionary grant program income and shall be added to competition conducted in FY 2011 to SUPPLEMENTARY INFORMATION: six State educational agencies (SEAs), the grant and must be expended for Invitation to Comment: We invite you allowable grant activities. and through set aside grants to the to submit comments regarding this Bureau of Indian Education (BIE) and Dated: May 15, 2014. proposed waiver and extension of the four Outlying Areas—American Samoa, Aaron Siegel, project period. Guam, Commonwealth of the Northern Alternate OSD Federal Register Liaison During and after the comment period, Mariana Islands and the Virgin Islands. Officer, Department of Defense. you may inspect all public comments The U.S. Department of Education (the [FR Doc. 2014–11596 Filed 5–19–14; 8:45 am] about this proposed waiver and Department) announced this BILLING CODE 5001–06–P extension in Room 3E228, 400 Maryland discretionary grant competition in a Avenue SW., Washington, DC, between notice inviting applications that was the hours of 8:30 a.m. and 4:00 p.m., published in the Federal Register on Washington, DC time, Monday through March 10, 2011 (76 FR 13143) (March DEPARTMENT OF EDUCATION Friday of each week except Federal 2011 NIA). The purpose of the holidays. Proposed Waiver and Extension of the discretionary grants to SEAs and the set Assistance to Individuals With asides to BIE and the Outlying Areas is Project Period for the Striving Readers Disabilities in Reviewing the Comprehensive Literacy Program to encourage these entities to take a Rulemaking Record: On request we will comprehensive approach to literacy that AGENCY: Office of Elementary and provide an appropriate accommodation includes pre-literacy, reading, and Secondary Education, Department of or auxiliary aid to an individual with a writing skills for all students—including Education. disability who needs assistance to disadvantaged students, limited-English review the comments or other ACTION: Proposed waiver and extension proficient students, and students with documents in the public rulemaking of the project period. disabilities—from birth to grade 12. record for this proposed waiver and The grants awarded under the FY SUMMARY: For the Striving Readers extension. If you want to schedule an 2011 competition were for a project Comprehensive Literacy program, the appointment for this type of period of up to five years. The Secretary proposes to: (1) Waive the accommodation or auxiliary aid, please Department indicated in the March 2011 restriction against project period contact the person listed under FOR NIA that it planned to make extensions involving the obligation of FURTHER INFORMATION CONTACT. continuation awards in accordance with additional Federal funds; and (2) extend Background section 75.253 of the Education the project period for a grantee that only Department’s General Administrative requested three out of a possible five In FY 2010, Congress appropriated Regulations (EDGAR) (34 CFR 75.253), years of funding. The Secretary $200 million to support establishment depending on the availability of funds. proposes this action because additional of a comprehensive literacy Five of the six SEA grantees funded funds are available from the fiscal year development and education program under the FY 2011 grant competition (FY) 2014 appropriation to support this through the Consolidated submitted a budget for all five years of extension and we believe that it would Appropriations Act (Pub. L. 111–117, the grant period. One grantee, the be in the public interest to support ‘‘the Act’’) under section 1502 of the Montana Department of Education, continued funding of the affected Elementary and Secondary Education submitted a budget request for only project. This proposed extension would Act of 1965, as amended (ESEA). The three years, believing that it could support the affected grantee in its efforts purpose of the Striving Readers request funding for years 4 and 5 after to fully implement its State Literacy Comprehensive Literacy grant program receiving a grant award. On March 25, Plan, as well as to continue its (SRCL) is to advance literacy skills— 2014, the Montana Department of sustainability efforts and program including pre-literacy skills, reading, Education, Office of Public Instruction activities. and writing—for students from birth requested to extend its project period for through grade 12, including limited- an additional two years. DATES: We must receive your comments English-proficient students and students The Secretary proposes to waive the on or before June 19, 2014. with disabilities. Section 1502 of the requirement of 34 CFR 75.261(a) and ADDRESSES: Address all comments about ESEA provides the authority for (c)(2) of EDGAR that generally prohibits this proposed waiver and extension of demonstration programs, like SRCL, that project period extensions involving the the project period to Rosemary Fennell, show promise of enabling children to obligation of additional Federal funds. U.S. Department of Education, 400 meet challenging academic content and The Secretary also proposes to extend Maryland Avenue SW., Room 3E228, achievement standards. SRCL funds are the current Montana SRCL project Washington, DC 20202–6200. awarded through multiple funding period for an additional 24 months. This

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would allow the grantee to seek a sub-grantees awarded under the not have a significant economic impact continuation award for FY 2014 and FY Montana Department of Education SRCL on these entities because the proposed 2015. grant award, as well as data on project waiver and extension impose minimal The FY 2014 appropriation contained implementation. compliance costs to extend a single sufficient funding to continue If the waiver of the requirement of 34 project already in existence, and the Montana’s grant. The appropriation for CFR 75.261(a) and (c)(2) of EDGAR that activities required to support the the SRCL program included $158 we propose in this proposed waiver and additional years of funding would not million, an increase of approximately $6 extension is announced by the impose additional regulatory burdens or million over the FY 2013 funding level. Department in a final proposed waiver require unnecessary Federal Based on this modest increase, the and extension, the requirements supervision. Department does not plan to conduct a applicable to continuation awards for new competition in FY 2014, as there current SRCL grantees and the Paperwork Reduction Act of 1995 are insufficient funds to provide requirements in section 75.253 of This proposed waiver and extension continuation awards and to fund new EDGAR would apply to any of the period does not contain any grantees. continuation awards made to current information collection requirements. We believe it best serves the interests SRCL grantees, including the Montana of the Department and the public to Department of Education. Intergovernmental Review: This ensure the full cohort of grantees, If we announce this proposed waiver program is subject to Executive Order including Montana, the opportunity to and extension of the project period as 12372 and the regulations in 34 CFR complete a five-year program, as final, we would use the process stated part 79. One of the objectives of the originally intended in the March 2011 in the March 2011 NIA and the Executive order is to foster an NIA, to get the best data on promising regulations in 34 CFR 75.253 to make intergovernmental partnership and a literacy practices that can be continuation awards based on strengthened federalism. The Executive implemented nationwide. Providing information that each grantee provides, order relies on processes developed by Montana an opportunity for an indicating that each grantee is making State and local governments for additional two years of funding, and in substantial progress performing its coordination and review of proposed turn an additional two years of data on SRCL grant activities and is showing Federal financial assistance. implementation, is consistent with the improvement against baseline data on This document provides early underlying purpose of the SRCL specific indicators listed in the March program funded under the Section 1502 notification of our specific plans and 2011 NIA. actions for this program. demonstration authority: To provide Any activities to be carried out during data on the results of promising literacy the remaining continuation years of the Accessible Format: Individuals with practices implemented under the SRCL SRCL award must be consistent with, or disabilities can obtain this document in program. be a logical extension of, the scope, an accessible format (e.g., braille, large Additionally, the Montana goals, and objectives of each grantee’s print, audiotape, or compact disc) on Department of Education’s SRCL project application as approved in the FY 2011 request to the program contact person is at a critical point; the State is working SRCL competition. Under this proposed listed under FOR FURTHER INFORMATION with participating local education waiver and extension, the project period CONTACT. agencies (LEA) to fully implement the for the Montana SRCL grantees would Electronic Access to This Document: State Literacy Plan, and to implement be extended through September 30, The official version of this document is sustainability efforts and activities. The 2016—the same project period for all the document published in the Federal Montana SRCL Implementation Team SRCL grantees. Register. Free Internet access to the continues it work to assess and evaluate We will announce the final waiver the effectiveness of the implementation official edition of the Federal Register and extension of the proposed project and the Code of Federal Regulations is of the State Literacy Plan, and continues period in the Federal Register. We will to identify and provide the support and available via the Federal Digital System determine the final waiver and resources necessary to ensure processes at: www.gpo.gov/fdsys. At this site you extension of the proposed project period and systems created through the SRCL can view this document, as well as all after considering responses to this program are sustainable. The Montana other documents of this Department proposed waiver and extension, and Department of Education has used data- published in the Federal Register, in other information available to the driven decisions, through its evaluation text or Adobe Portable Document Department. and assessment activities, to make Format (PDF). To use PDF you must improvements to the SRCL program Note: This proposed waiver and extension have Adobe Acrobat Reader, which is across 10 LEAs and 32 schools. Without does not solicit applications. available free at the site. an extension of the project period to You may also access documents of the allow for the work that will lead to Regulatory Flexibility Act Certification Department published in the Federal sustainability and full implementation The Secretary certifies that this Register by using the article search of the State Literacy Plan, the SRCL proposed waiver and extension of the feature at: www.federalregister.gov. program may cease in some LEAs and activities required to support additional Specifically, through the advanced be greatly curtailed in others. years of funding would not have a search feature at this site, you can limit Therefore, to ensure continuity and significant economic impact on a your search to documents published by stability of the SRCL program in substantial number of small entities. the Department. Montana, we propose to waive the The entities that would be affected by Dated: May 15, 2014. requirement of 34 CFR 75.261(a) and this proposed waiver and extension are (c)(2) of EDGAR to extend the Montana the current SRCL grantees receiving Deborah Delisle, Department of Education’s SRCL project Federal funds and any other potential Assistant Secretary for Elementary and for two additional years. This two-year applicants. Secondary Education. extension of the project period would The Secretary certifies that the [FR Doc. 2014–11669 Filed 5–19–14; 8:45 am] ensure seamless program delivery to the proposed waiver and extension would BILLING CODE 4000–01–P

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DEPARTMENT OF EDUCATION business phone, fax number, and your search to documents published by business email address). the Department. National Committee on Foreign In addition, the cover letter must Medical Education and Accreditation Brenda Dann-Messier, include a statement affirming that the Acting Assistant Secretary for Postsecondary AGENCY: Office of Postsecondary nominee (if you are nominating Education. Education, National Committee on someone other than yourself) has agreed [FR Doc. 2014–11679 Filed 5–19–14; 8:45 am] to be nominated and is willing to serve Foreign Medical Education and BILLING CODE 4000–01–P Accreditation, Department of Education. on the Committee if selected. Nominees should be broadly knowledgeable about ACTION: Request for Nominations to foreign medical education and Serve on the National Committee on accreditation, respected in the ENVIRONMENTAL PROTECTION Foreign Medical Education and educational community, and AGENCY Accreditation (NCFMEA). representative of the relevant [FRL–9911–18–Region–4; EPA–R04–OAR– 2013–0647 and EPA–R04–OAR–2014–0023] SUMMARY: At this time, the Secretary of constituencies. DATES: Nominations via mail for the Education invites interested parties to Notice of Issuance of Final Air Permits NCFMEA must be postmarked by June submit nomination(s) for individuals to for EFS Shady Hills, LLC—Shady Hills 16, 2014. Electronic or hand delivered serve on the National Committee on Generating Station, and New Hope nominations must be received by no Foreign Medical Education and Power Company—Okeelanta later than 12:00 noon Eastern Daylight Accreditation (NCFMEA). Cogeneration Station. SUPPLEMENTARY INFORMATION: The Savings Time June 16, 2014. NCFMEA was established by the ADDRESSES: You may submit AGENCY: Environmental Protection Secretary of Education under Section nominations, including attachments by Agency. 102 of the Higher Education Act of any of the following methods: ACTION: Notice of final action. 1965, as amended. The Committee shall • Electronically: Send to consist of eleven (11) members [email protected] (specify in SUMMARY: The Environmental Protection appointed to a three year term (initial the email subject line ‘‘NCFMEA Agency (EPA) is announcing that on terms will be staggered one year, two Nomination’’). January 14, 2014, and March 17, 2014, year, or three year term, as determined • Mail, express delivery, hand the agency issued final Prevention of by the Secretary of Education), one of delivery, messenger, or courier service: Significant Deterioration (PSD) air whom shall be a student at the time of Submit one copy of the documents quality permits numbered PSD–EPA– appointment, enrolled in an accredited listed above to the following address: R4013 and PSD–EPA–R4016 for the EFS medical school. As of September 30, The Honorable Arne Duncan, Secretary Shady Hills, LLC (Shady Hills)—Shady 2014, the terms of the current eleven of Education, U. S. Department of Hills Generating Station (SHGS) and (11) NCFMEA members will expire. Education, 400 Maryland Avenue SW., New Hope Power Company (NHPC)— Upon request from a foreign country, Washington, D. C. 20202. Okeelanta Cogeneration Station the NCFMEA evaluates the standards of Please submit nomination information (Okeelanta), respectively. accreditation applied to applicant via only one (1) of the methods ADDRESSES: The final permits, the EPA’s foreign medical schools in that country mentioned above. response to public comments for these and determines the comparability of For questions related to NCFMEA, permits, and supporting information are these standards to standards for contact Carol Griffiths, NCFMEA available at http://www.epa.gov/ accreditation applied to medical schools Executive Director at (202) 219–7035; or region4/air/permits/index.htm. Copies in the United States. Medical schools via email at [email protected]. For of the final permits and the EPA’s located in foreign countries that lack an questions about the nominations response to comments are also available NCFMEA finding of comparability of process contact the U. S. Department of for review at the EPA Regional Office their accrediting standards are not Education, White House Liaison Office and upon request in writing. The EPA eligible to have their U.S. students at 202 401–3677. requests that you contact the person receive Federal student aid funds under Electronic Access to This Document: listed in the FOR FURTHER INFORMATION Title IV of the HEA. The official version of this document is CONTACT section to schedule your Nomination Process: Any interested the document published in the Federal inspection. The Regional Office’s person or organization may nominate Register. Free Internet access to the official hours of business are Monday one or more qualified individuals for official edition of the Federal Register through Friday, 8:30 a.m. to 4:30 p.m. membership. If you would like to and the Code of Federal Regulations is excluding Federal holidays. nominate an individual or yourself for available via the Federal Digital System FOR FURTHER INFORMATION CONTACT: appointment to the NCFMEA (including at: www.gpo.gov/fdsys. At this site you Please contact Ms. Heather Ceron, Air incumbents who wish to seek can view this document, as well as all Permits Section Chief, Air Planning reappointment), please submit the other documents of this Department Branch, Air, Pesticides and Toxics following information to the U.S. published in the Federal Register, in Management Division, Region 4, U.S. Department of Education’s White House text or Adobe Portable Document Environmental Protection Agency, 61 Liaison Office. Format (PDF). To use PDF, you must Forsyth Street SW., Atlanta, Georgia • A cover letter addressed to the have Adobe Acrobat Reader, which is 30303–8960. The telephone number is Secretary of Education that provides available free at the site. (404) 562–9185. Ms. Ceron can also be your reason(s) for nominating the You may also access documents of the reached via electronic mail at individual; and Department published in the Federal [email protected]. • A copy of the nominee’s current Register by using the article search SUPPLEMENTARY INFORMATION: On resume or curriculum vitae. feature at: www.federal register.gov. September 24, 2013, EPA Region 4 • Contact information for the Specifically, through the advanced requested public comments on a nominee (name, title, business address, search feature at this site, you can limit preliminary determination to issue a

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PSD air quality permit for the Shady ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: John Hills SHGS project. A total of 60 AGENCY W. Pates, Jr., Pesticide Re-Evaluation comments from 2 commenters were Division (7508P), Office of Pesticide [EPA–HQ–OPP–2009–1017; FRL–9909–40] received (via email and the Programs, Environmental Protection regulations.com site) during the public Notice of Receipt of Requests To Agency, 1200 Pennsylvania Ave. NW., comment period, which closed on Voluntarily Cancel Certain Pesticide Washington, DC 20460–0001; telephone October 24, 2013. Registrations number: (703) 308–8195; email address: On January 23, 2014, EPA Region 4 [email protected]. AGENCY: Environmental Protection requested public comments on a SUPPLEMENTARY INFORMATION: Agency (EPA). preliminary determination to issue a I. General Information PSD air quality permit for the NHPC ACTION: Notice. Okeelanta project. A total of 9 SUMMARY: In accordance with the A. Does this action apply to me? comments from one commenter were Federal Insecticide, Fungicide, and This action is directed to the public received (via email) during the public Rodenticide Act (FIFRA), EPA is issuing in general, and may be of interest to a comment period, which closed on a notice of receipt of requests by wide range of stakeholders including February 24, 2014. registrants to voluntarily cancel certain environmental, human health, and The EPA reviewed each comment pesticide registrations. EPA intends to agricultural advocates; the chemical received and prepared a Response to grant these requests at the close of the industry; pesticide users; and members Comments document for each of the two comment period for this announcement of the public interested in the sale, projects. After consideration of the unless the Agency receives substantive distribution, or use of pesticides. expressed view of all interested persons, comments within the comment period that would merit its further review of B. What should I consider as I prepare the pertinent Federal statutes and my comments for EPA? regulations, the applications and the requests, or unless the registrants supplemental information submitted by withdraw their requests. If these 1. Submitting CBI. Do not submit this the applicants, and additional material requests are granted, any sale, information to EPA through relevant to the applications and distribution, or use of products listed in regulations.gov or email. Clearly mark contained in the Administrative this notice will be permitted after the the part or all of the information that Records, the EPA made final registrations have been cancelled only if you claim to be CBI. For CBI determinations in accordance with title such sale, distribution, or use is information in a disk or CD–ROM that 40 CFR part 52 to issue final air permits. consistent with the terms as described you mail to EPA, mark the outside of the in the final order. For those end-use disk or CD–ROM as CBI and then Under 40 CFR 124.19(f)(2), notice of products listed in Table 2 of Unit II, the identify electronically within the disk or any final Agency action regarding a PSD cancellations will be effective December CD–ROM the specific information that permit must be published in the Federal 31, 2016, as described in Unit II. is claimed as CBI. In addition to one Register. Section 307(b)(1) of the Clean DATES: Comments must be received on complete version of the comment that Air Act (CAA) provides for review of or before June 19, 2014. includes information claimed as CBI, a final Agency action that is locally or copy of the comment that does not regionally applicable in the United ADDRESSES: Submit your comments, contain the information claimed as CBI States Court of Appeals for the identified by docket identification (ID) must be submitted for inclusion in the appropriate circuit. Such a petition for number EPA–HQ–OPP–2009–1017, by public docket. Information so marked review of final Agency action must be one of the following methods: • Federal eRulemaking Portal: http:// will not be disclosed except in filed within 60 days from the date of www.regulations.gov. Follow the online accordance with procedures set forth in notice of such action in the Federal instructions for submitting comments. 40 CFR part 2. Register. For purposes of judicial review Do not submit electronically any 2. Tips for preparing your comments. under the CAA, final Agency action information you consider to be When submitting comments, remember occurs when a final PSD permit is Confidential Business Information (CBI) to: issued or denied by the EPA and or other information whose disclosure is i. Identify the document by docket ID Agency review procedures are restricted by statute. number and other identifying exhausted, per 40 CFR 124.19(f)(1). • Mail: OPP Docket, Environmental information (subject heading, Federal Any person who filed comments on Protection Agency Docket Center (EPA/ Register date and page number). the draft permits was provided the DC), (28221T), 1200 Pennsylvania Ave. ii. Follow directions. The Agency may opportunity to petition the NW., Washington, DC 20460–0001. ask you to respond to specific questions Environmental Appeals Board by the Submit written withdrawal request by or organize comments by referencing a end of February 14, 2014, for the Shady mail to: Pesticide Re-Evaluation Code of Federal Regulations (CFR) part Hills permit, or by the end of April 17, Division (7508P), Office of Pesticide or section number. 2014, for the NHPC permit. No petitions Programs, Environmental Protection iii. Explain why you agree or disagree; were submitted for either of these Agency, 1200 Pennsylvania Ave. NW., suggest alternatives and substitute permits. Therefore, the Shady Hills Washington, DC 20460–0001. language for your requested changes. permit became effective on February 15, • Hand Delivery: To make special iv. Describe any assumptions and 2014. The NHPC permit became arrangements for hand delivery or provide any technical information and/ effective on April 18, 2014. delivery of boxed information, please or data that you used. follow the instructions at http:// v. If you estimate potential costs or Dated: May 2, 2014. www.epa.gov/dockets/contacts.html. burdens, explain how you arrived at Beverly H. Banister, Additional instructions on commenting your estimate in sufficient detail to Director, Air, Pesticides and Toxics, or visiting the docket, along with more allow for it to be reproduced. Management Division, Region 4. information about dockets generally, is vi. Provide specific examples to [FR Doc. 2014–11698 Filed 5–19–14; 8:45 am] available at http://www.epa.gov/ illustrate your concerns and suggest BILLING CODE 6560–50–P dockets. alternatives.

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vii. Explain your views as clearly as II. What action is the agency taking? number and 24(c) number) in Table 1 possible, avoiding the use of profanity and Table 2 of this unit. or personal threats. This notice announces receipt by the Unless the Agency determines that Agency of requests from registrants to there are substantive comments that viii. Make sure to submit your cancel 63 pesticide products registered comments by the comment period warrant further review of the requests or under FIFRA section 3 or 24(c). These the registrants withdraw their requests, deadline identified. registrations are listed in sequence by EPA intends to issue an order in the registration number (or company Federal Register canceling all of the affected registrations.

TABLE 1—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Product name Chemical name

000264–00805 ...... Thiacloprid Technical Insecticide ...... Thiacloprid. 000264–00806 ...... Calypso 4 Flowable Insecticide ...... Thiacloprid. 000352–00593 ...... Accent Gold Herbicide ...... Clopyralid, Nicosulfuron, Rimsulfuron and Flumetsulam. 000352–00612 ...... DuPont Accent Gold WDG Herbicide ...... Clopyralid, Nicosulfuron, Rimsulfuron and Flumetsulam. 000352–00792 ...... DuPont DPX–KJM44 80XP Turf Herbicide ..... Aminocyclopyrachlor methyl ester. 000352–00794 ...... DuPont DPX–MAT28 50SG Turf Herbicide ..... Aminocyclopyrachlor. 000352–00797 ...... DuPont DPX–KJM44 0.064G Turf Herbicide + Aminocyclopyrachlor methyl ester. Fertilizer. 000352–00800 ...... DuPont DPX–KJM44 0.073G Lawn Herbicide Aminocyclopyrachlor methyl ester. + Fertilizer. 000352–00803 ...... DuPont DPX–KJM44 0.053G Lawn Herbicide Aminocyclopyrachlor methyl ester. + Fertilizer. 000352–00804 ...... DuPont DPX–KJM44 0.049G Lawn Herbicide Aminocyclopyrachlor methyl ester. + Fertilizer. 000352–00807 ...... DuPont DPX–KJM44 0.033G Lawn Herbicide Aminocyclopyrachlor methyl ester. + Fertilizer. 000352–00811 ...... DuPont DPX–KJM44 0.02G Lawn Herbicide + Aminocyclopyrachlor methyl ester. Fertilizer. 000352–00813 ...... DuPont DPX–MAT28 0.05G Turf Herbicide + Aminocyclopyrachlor. Fertilizer. 000352–00814 ...... DuPont DPX–MAT28 0.03G Turf Herbicide + Aminocyclopyrachlor. Fertilizer. 000352–00815 ...... DuPont DPX–MAT28 0.068G Lawn Herbicide Aminocyclopyrachlor. + Fertilizer. 000432–01362 ...... Premise 0.5 SC ...... Imidacloprid. 000464–00662 ...... S.S.T. Sump Saver Tablets ...... 2-(Hydroxymethyl)-2-nitro-1,3-propanediol. 001270–00255 ...... Zep Flush ’N Kill DM ...... S-Bioallethrin and Deltamethrin. 001448–00379 ...... Busan 2020F ...... Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)- 1,2-ethanediyl dichloride). 001448–00380 ...... Busan 2020 ...... Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)- 1,2-ethanediyl dichloride). 001448–00396 ...... WSKT ...... Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)- 1,2-ethanediyl dichloride) and 5-Chloro-2-methyl-3(2H)- isothiazolone and 2-Methyl-3(2H)-isothiazolone. 001448–00397 ...... Busan 1174 ...... Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)- 1,2-ethanediyl dichloride) and 5-Chloro-2-methyl-3(2H)- isothiazolone and 2-Methyl-3(2H)-isothiazolone. 001448–00400 ...... PCA 10 ...... Poly(oxy-1,2-ethanediyl(dimethylimino)-1,2-ethanediyl(dimethylimino)- 1,2-ethanediyl dichloride). 008033–00012 ...... Equinox Herbicide ...... Tepraloxydim. 008033–00013 ...... BAS 620 H MUP ...... Tepraloxydim. 010163–00279 ...... Milbemectin Technical Miticide/Insecticide...... Milbemectin (A mixture of >=70% Milbemycin A4, & <=30% Milbemycin A3). 010163–00280 ...... Ultiflora Miticide/Insecticide...... Milbemectin (A mixture of >=70% Milbemycin A4, & <=30% Milbemycin A3). 028293–00167 ...... Unicorn Residual House and Carpet Spray .... Bioallethrin, MGK 264 and Permethrin. 028293–00192 ...... Unicorn House and Carpet Spray #5 ...... Bioallethrin, MGK 264, Piperonyl butoxide and Esfenvalerate. 028293–00196 ...... Unicorn House and Carpet Spray #6 ...... Bioallethrin, MGK 264, Piperonyl butoxide and Esfenvalerate. 028293–00332 ...... Unicorn Flying & Crawling Insect Killer IV ...... S-Bioallethrin and Deltamethrin. 028293–00334 ...... Unicorn Flying & Crawling Insect Killer V ...... S-Bioallethrin and Deltamethrin. 028293–00336 ...... Unicorn Flying & Crawling Insect Killer III ...... S-Bioallethrin and Deltamethrin. 054382–00003 ...... Taktic Emulsifiable Concentrate Miticide/In- Amitraz. secticide. 066330–00295 ...... Iprodione Technical 97.5% ...... Iprodione. 066330–00329 ...... Iprodione Technical 98% ...... Iprodione. 067071–00053 ...... Acticide MKW 1 ...... Octhilinone and Carbamic acid, butyl-, 3-iodo-2-propynyl ester and Diuron. 070627–00071 ...... Raid Institutional Flying Insect Killer ...... d-Allethrin, Phenothrin and Tetramethrin. 071368–00062 ...... Assert Herbicide ...... Imazamethabenz. 071368–00063 ...... Assert Herbicide Technical ...... Imazamethabenz. 075630–00001 ...... Zinc Borate ...... Zinc borate (3ZnO, 2B03, 3.5H2O; mw 434.66).

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TABLE 1—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration No. Product name Chemical name

083558–00020 ...... Mepiquat Chloride Technical ...... Mepiquat chloride. 085678–00027 ...... Iprodione Technical ...... Iprodione. 087290–00014 ...... Willowood Imidacloprid 4SC ...... Imidacloprid. 087290–00021 ...... Willowood Imidacloprid 2SC ...... Imidacloprid. ME030004 ...... Accord Concentrate ...... Glyphosate-isopropylammonium. ME980001 ...... Confirm 2F Insecticide ...... Tebufenozide.

The allethrin series of pyrethroid product registrations effective December other registrants for allethrins end-use insecticides include the following: 31, 2016. Furthermore, Valent and products have requested cancellation Bioallethrin, esbiol, esbiothrin, and Sumitomo requested that use of their with dates consistent with those pynamin forte. The technical registrants technical products to formulate end-use specified for the Valent and Sumitomo for the allethrins, Sumitomo Chemical products not be permitted after allethrins end-use products. The Company Limited and Valent December 31, 2015. A final Cancellation cancellation of the end-use products BioSciences Corporation, cancelled all Order was published in the Federal listed in Table 2 are requested to be of the allethrins technical products Register issue of April 24, 2013 (78 FR effective December 31, 2016. effective September 30, 2015 and 74195). Because the allethrins technical cancelled their allethrins end-use products have been cancelled, several

TABLE 2—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION EFFECTIVE DECEMBER 31, 2016

Registration No. Product name Chemical name

000004–00461 ...... Bonide Crawling Insect Killer ...... Deltamethrin and S-Bioallethrin. 000498–00167 ...... SprayPak Ant & Roach Killer Formula 2 With Bioallethrin, MGK 264, Piperonyl butoxide and Esfenvalerate. Esfenvalerate. 000498–00192 ...... Champion Sprayon Flying & Crawling Insect S-Bioallethrin and Deltamethrin. Killer Formula II. 000499–00362 ...... Whitmire PT 515 Wasp-Freeze Wasp and Bioallethrin and Phenothrin. Hornet Killer. 003095–00026 ...... PIC Mosquito Repellent Coils ...... d-Allethrin. 004822–00283 ...... Raid House and Garden Bug Killer Formula 7 d-Allethrin and Phenothrin. 004822–00284 ...... Raid Formula 5 Flying Insect Killer ...... d-Allethrin, Piperonyl butoxide and Phenothrin. 004822–00469 ...... Repellent LMO ...... d-Allethrin. 004822–00501 ...... Snake II ...... Bioallethrin. 004822–00578 ...... H7A–US ...... Tetramethrin, Phenothrin and d-Allethrin. 004822–00580 ...... H7A–US HG ...... Tetramethrin, Phenothrin and d-Allethrin. 006218–00043 ...... Summit Mistocide-B ...... S-Bioallethrin, MGK 264 and Piperonyl butoxide. 009688–00256 ...... Chemsico Aerosol Insecticide DS ...... S-Bioallethrin and Deltamethrin. 009688–00306 ...... TAT Roach & Ant With Residual Action 2491 Bioallethrin, MGK 264, Piperonyl butoxide and Esfenvalerate. 010807–00437 ...... Konk Insecticide Foam ...... Bioallethrin, MGK 264 and Permethrin. 070385–00004 ...... Microban X–590 Institutional Spray ...... Bioallethrin, MGK 264, o-Phenylphenol (NO INERT USE), Piperonyl butoxide and Benzenemethanaminium, N,N-dimethyl-N-(2-(2-(4- (1,1,3,3-tetramethylbutyl) phenoxy)ethoxy)ethyl)-, chloride.

Table 3 of this unit includes the and Table 2 of this unit, in sequence by registration numbers of the products names and addresses of record for all EPA company number. This number listed in this unit. registrants of the products in Table 1 corresponds to the first part of the EPA

TABLE 3—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION

EPA Company No. Company name and address

4 ...... Bonide Products, Inc., Agent: Registrations By Design, Inc., P.O. Box 1019, Salem, VA 24153–3805. 264 ...... Bayer CropScience LP, 2 T.W. Alexander Dr., P.O. Box 12014, Research Triangle Park, NC 27709. 352 ...... E.I. DuPont De Nemours and Company (S300/419), 1007 Market St., Wilmington, DE 19898–0001. 432 ...... Bayer Environmental Science, A Division of Bayer CropScience LP, 2 T.W. Alexander Dr., P.O. Box 12014, Research Triangle Park, NC 27709. 464 ...... The Dow Chemical Co., Agent: The Dow Chemical Company, 100 Larkin Center, 1650 Joseph Dr., Mid- land, MI 48674. 498 ...... Chase Products Co., Putting The Best At Your Fingertips, P.O. Box 70, Maywood, IL 60153. 499 ...... Whitmire Micro-Gen Research Laboratories, Inc., Agent: BASF Corporation, 3568 Tree Court Industrial Blvd., St. Louis, MO 63122–6682. 1270 ...... Zep Inc., 1310 Seaboard Industrial Blvd., Atlanta, GA 30318. 1448 ...... Buckman Laboratories, Inc., 1256 North McLean Blvd., Memphis, TN 38108. 3095 ...... PIC Corporation, Agent: Product & Regulatory Associates, LLC, P.O. Box 1683, Voorhees, NJ 08043– 9998. 4822 ...... S.C. Johnson & Son, Inc., 1525 Howe St., Racine, WI 53403.

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TABLE 3—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION—Continued

EPA Company No. Company name and address

6218 ...... Summit Chemical Co., Summit Responsible Solutions, 235 S. Kresson St., Baltimore, MD 21224. 8033 ...... Nippon Soda Co., LTD., Agent: Nisso America, Inc., 88 Pine St., 14th Floor, New York, NY 10005. 9688 ...... Chemsico, A Division of United Industries Corp., P.O. Box 142642, St. Louis, MO 63114–0642. 10163 ...... Gowan Company, P.O. Box 5569, Yuma, AZ 85366–5569. 10807 ...... Amrep, Inc., 990 Industrial Park Dr., Marietta, GA 30062. 28293 ...... Phaeton Corporation, D/B/A Unicorn Laboratories, Agent: Registrations By Design, Inc., P.O. Box 1019, Salem, VA 24153. 54382 ...... Intervet, Inc., D/B/A Merck Animal Health, 556 Morris Ave., S5–2145A, Summit, NJ 07901. 66330 ...... Arysta LifeScience North America, LLC, 15401 Weston Parkway, Suite 150, Cary, NC 27513. 67071 ...... Thor GmbH, Agent: Thor Specialties, Inc., 50 Waterview Dr., Shelton, CT 06484. 70385 ...... ProRestore Products, Agent: Lewis & Harrison, LLC, 122 C Street NW., Suite 505, Washington, DC 20001. 70627 ...... Diversey, Inc., 8310 16th Street, MS 707, Sturtevant, WI 53177. 71368 ...... Nufarm, Inc., Agent: Nufarm Americas, Inc., 4020 Aerial Center Parkway, Suite 1013, Morrisville, NC 27560. 75630 ...... Royce Associates, LP, 35 Carlton Ave., East Rutherford, NJ 07073. 83558 ...... Celsius Property B.V., Amsterdam (NL), Neuhausen A. RHF Branch, Agent: Makhteshim Agan of North America, INC., 3120 Highwoods Blvd., Suite 100, Raleigh, NC 27604. 85678 ...... RedEagle International, LLC, Agent: Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 19707–0640. 87290 ...... Willowood, LLC, Agent: Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 19707–0640. ME030004, ME980001 ...... Dow AgroSciences, LLC, 9330 Zionsville Rd., 308/2E, Indianapolis, IN 46268–1054.

III. What is the Agency’s authority for have been subject to a previous B. Product 000264–00806 taking this action? cancellation action, the effective date of Because the Agency has identified no Section 6(f)(1) of FIFRA provides that cancellation and all other provisions of significant potential risk concerns a registrant of a pesticide product may any earlier cancellation action are associated with this pesticide product, at any time request that any of its controlling. upon cancellation of the product pesticide registrations be cancelled. V. Provisions for Disposition of Existing identified in Table 1 of Unit II., EPA FIFRA further provides that, before Stocks anticipates allowing registrants to sell acting on the request, EPA must publish Existing stocks are those stocks of and distribute existing stocks of this a notice of receipt of any such request registered pesticide products that are product for 1 year and 6 months after in the Federal Register. currently in the United States and that publication of the Cancellation Order in Section 6(f)(1)(B) of FIFRA requires were packaged, labeled, and released for the Federal Register. Thereafter, that before acting on a request for shipment prior to the effective date of registrants will be prohibited from voluntary cancellation, EPA must the cancellation action. selling or distributing the pesticide provide a 30-day public comment identified in Table 1 of Unit II., except period on the request for voluntary A. All Products in Table 1 (Except for export consistent with FIFRA section cancellation or use termination. In 000264–00806, 008033–00012, 008033– 17 or for proper disposal. Persons other addition, FIFRA section 6(f)(1)(C) 00013, 054382–00003, 067071–00053, than registrants will generally be requires that EPA provide a 180-day 071368–00062, 087290–00014, 087290– allowed to sell, distribute, or use comment period on a request for 00021) existing stocks until such stocks are voluntary cancellation or termination of Because the Agency has identified no exhausted, provided that such sale, any minor agricultural use before significant potential risk concerns distribution, or use is consistent with granting the request, unless: associated with these pesticide the terms of the previously approved 1. The registrants request a waiver of products, upon cancellation of the labeling on, or that accompanied, the the comment period, or products identified in Table 1 of Unit cancelled product. 2. The EPA Administrator determines II., EPA anticipates allowing registrants C. Product 071368–00062 that continued use of the pesticide to sell and distribute existing stocks of would pose an unreasonable adverse these products for 1 year after Because the Agency has identified no effect on the environment. publication of the Cancellation Order in significant potential risk concerns The registrants in Table 1 and Table the Federal Register. Thereafter, associated with this pesticide product, 2 of Unit II. have requested that EPA registrants will be prohibited from EPA anticipates allowing registrants to waive the 180-day comment period. selling or distributing the pesticides sell and distribute existing stocks of this Accordingly, EPA will provide a 30-day identified in Table 1 of Unit II., except product until December 31, 2015. comment period on the proposed for export consistent with FIFRA section Thereafter, registrants, and persons requests. 17 or for proper disposal. Persons other other than registrants, are prohibited than registrants will generally be from selling or distributing existing IV. Procedures for Withdrawal of allowed to sell, distribute, or use stocks of product containing Request existing stocks until such stocks are imazamethabenz identified in Table 1 of Registrants who choose to withdraw a exhausted, provided that such sale, Unit II., except for export consistent request for cancellation should submit distribution, or use is consistent with with FIFRA section 17 or for proper such withdrawal in writing to the the terms of the previously approved disposal. Existing stocks of product person listed under FOR FURTHER labeling on, or that accompanied, the containing imazamethabenz already in INFORMATION CONTACT. If the products cancelled products. the hands of users can be used legally

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until such stocks are exhausted, EXPORT-IMPORT BANK Parties: provided that the use is consistent with Principal Supplier: Boeing Space and [Public Notice 2014–0017] the terms of the previously approved Intelligence Systems International Inc. Obligor(s): Inmarsat Investment labeling on, or that accompanied, the Application for Final Commitment for a Limited; Inmarsat Global Limited, cancelled product. Long-Term Loan or Financial Inmarsat Leasing (Two) Limited; Guarantee in Excess of $100 Million: D. Products (008033–00012, 008033– Inmarsat Ventures Limited; Inmarsat AP088567XX 00013, 054382–00003, 067071–00053, Group Limited; Inmarsat Launch 087290–00014 and 087290–00021) AGENCY: Export-Import Bank of the Company Limited; Inmarsat Solutions United States. (Canada) Inc.; Inmarsat Solutions B.V. Registrants have indicated to the ACTION: Notice. (Netherlands); and Inmarsat S.A. Agency via letter and/or written (Switzerland). response that due to the last SUMMARY: This Notice is to inform the Guarantor(s): Inmarsat Global manufacturing date, distribution date or public, in accordance with Section Limited, Inmarsat Leasing (Two) the absence of marketing in the United 3(c)(10) of the Charter of the Export- Limited; Inmarsat Ventures Limited; States no further existing stocks Import Bank of the United States (‘‘Ex- Inmarsat Group Limited; Inmarsat provisions are necessary for them to sell Im Bank’’), that Ex-Im Bank has received Launch Company Limited; Inmarsat and distribute their product(s). Persons an application for final commitment for Solutions (Canada) Inc.; Inmarsat other than registrants will generally be a long-term loan or financial guarantee Solutions B.V. (Netherlands); and allowed to sell, distribute, or use in excess of $100 million (as calculated Inmarsat S.A. (Switzerland). existing stocks until such stocks are in accordance with Section 3(c)(10) of Description of Items Being Exported: the Charter). Comments received within To finance the construction of one exhausted, provided that such sale, the comment period specified below U.S. manufactured satellite. distribution, or use is consistent with will be presented to the Ex-Im Bank Information on Decision: Information the terms of the previously approved Board of Directors prior to final action on the final decision for this transaction labeling on, or that accompanied, the on this Transaction. Comments received will be available in the ‘‘Summary cancelled products. will be made available to the public. Minutes of Meetings of Board of E. End-Use Products Listed in Table 2 DATES: Comments must be received on Directors’’ on http://exim.gov/ or before June 16, 2014 to be assured of newsandevents/boardmeetings/board/. Because the Agency has identified no consideration before final consideration Confidential Information: Please note significant potential risk concerns of the transaction by the Board of that this notice does not include associated with the pesticide products Directors of Ex-Im Bank. confidential or proprietary business information; information which, if listed in Table 2 of Unit II., EPA ADDRESSES: Comments may be anticipates allowing registrants to sell submitted through Regulations.gov at disclosed, would violate the Trade and distribute these products until WWW.REGULATIONS.GOV. To submit Secrets Act; or information which December 31, 2016. Thereafter, as of a comment, enter EIB–2014–0017 under would jeopardize jobs in the United January 1, 2017, registrants will be the heading ‘‘Enter Keyword or ID’’ and States by supplying information that competitors could use to compete with prohibited from selling or distributing select Search. Follow the instructions companies in the United States. the pesticides identified in Table 2 of provided at the Submit a Comment Unit II., except for export consistent screen. Please include your name, Cristopolis Dieguez, with FIFRA section 17 or for proper company name (if any) and EIB–2014– Business Compliance Analyst, Office of the disposal. Persons other than registrants 0017 on any attached document. General Counsel. will be allowed to sell, distribute, or use Reference: AP088567XX. [FR Doc. 2014–11557 Filed 5–19–14; 8:45 am] Purpose and Use: existing stocks until such stocks are BILLING CODE 6690–01–P Brief description of the purpose of the exhausted, provided that such sale, transaction: distribution or use is consistent with the A direct loan to a United Kingdom- terms of the previously approved based company to support the FEDERAL TRADE COMMISSION labeling on or that accompanied, the procurement of one U.S. manufactured cancelled products. Agency Information Collection satellite. Activities; Submission for OMB List of Subjects Brief non-proprietary description of Review; Comment Request; Extension the anticipated use of the items being Environmental protection, Pesticides exported: AGENCY: Federal Trade Commission and pests. The loan will enable the United (‘‘Commission’’ or ‘‘FTC’’). Kingdom-based company to finance the ACTION: Notice. Dated: May 12, 2014. construction of one U.S. manufactured Richard P. Keigwin, Jr., satellite. The satellite is expected to SUMMARY: The information collection Director, Pesticide Re-Evaluation Division, provide additional capacity to the requirements in the FTC’s Fuel Rating Office of Pesticide Programs. British satellite telecommunications Rule will be submitted to the Office of [FR Doc. 2014–11685 Filed 5–19–14; 8:45 am] company to deliver seamless mobile Management and Budget (‘‘OMB’’) for review, as required by the Paperwork BILLING CODE 6560–50–P satellite services to end-users worldwide. Reduction Act (‘‘PRA’’). The FTC To the extent that Ex-Im Bank is intends to ask OMB to extend for an reasonably aware, the item(s) being additional three years the current PRA exported are not expected to produce clearance for these information exports or provide services in collection requirements. That clearance competition with the exportation of otherwise expires on May 31, 2014. goods or provision of services by a DATES: Comments must be filed by June United States industry. 19, 2014.

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ADDRESSES: Interested parties may Management and Budget, Attention: you have to follow the procedure submit written comments electronically Desk Officer for the Federal Trade explained in FTC Rule 4.9(c), 16 CFR or in paper form by following the Commission, New Executive Office 4.9(c).2 Your comment will be kept instructions in the Request for Comment Building, Docket Library, Room 10102, confidential only if the FTC General part of the SUPPLEMENTARY INFORMATION 725 17th Street NW., Washington, DC Counsel grants your request in section below. Write ‘‘Fuel Rating Rule 20503. Comments sent to OMB by U.S. accordance with the law and the public PRA Comment, FTC File No. P144200’’ postal mail, however, are subject to interest. on your comment and file your delays due to heightened security comment online at https:// precautions. Thus, comments instead Postal mail addressed to the ftcpublic.commentworks.com/ftc/ should be sent by facsimile to (202) Commission is subject to delay due to fuelratingpra2/ by following the 395–5167. heightened security screening. As a instructions on the web-based form. If Burden statement: As explained in result, we encourage you to submit your you prefer to file your comment on the March 12, 2014 Notice, FTC staff comments online. To make sure that the paper, mail or deliver your comment to estimates that Rule compliance entails a Commission considers your online the following address: Federal Trade total of 33,700 total burden hours comment, you must file it at https:// Commission, Office of the Secretary, (consisting of 13,750 recordkeeping ftcpublic.commentworks.com/ftc/ Room H–113, 600 Pennsylvania Avenue hours and 19,950 disclosure hours), fuelratingpra2/, by following the NW., Washington, DC 20580, in the associated labor costs of $364,207, and instructions on the web-based form. If manner detailed in the SUPPLEMENTARY non-labor/capital costs of $39,899. this Notice appears at http:// INFORMATION section below. Request for Comment: You can file a www.regulations.gov/#!home, you also FOR FURTHER INFORMATION CONTACT: comment online or on paper. For the may file a comment through that Web Requests for additional information or Commission to consider your comment, site. copies of the proposed information we must receive it on or before June 19, If you file your comment on paper, requirements should be addressed to 2014. Write ‘‘Fuel Rating Rule PRA Miriam Lederer, Attorney, Division of Comment, FTC File No. P144200’’ on write ‘‘Fuel Rating Rule PRA Comment, Enforcement, Federal Trade your comment. Your comment— FTC File No. P144200’’ on your Commission, 600 Pennsylvania Avenue including your name and your state— comment and on the envelope, and mail NW., M–8102B, Washington, DC 20580, will be placed on the public record of or deliver it to the following address: (202) 326–2975. this proceeding, including, to the extent Federal Trade Commission, Office of the SUPPLEMENTARY INFORMATION: On March practicable, on the public Commission Secretary, Room H–113 (Annex J), 600 12, 2014, the FTC sought public Web site, at http://www.ftc.gov/os/ Pennsylvania Avenue NW., Washington, comment on the information collection publiccomments.shtm. As a matter of DC 20580. If possible, submit your requirements associated with the Fuel discretion, the Commission tries to paper comment to the Commission by Rating Rule, 16 CFR Part 306 (OMB remove individuals’ home contact courier or overnight service. Control Number: 3084–0068). 79 FR information from comments before placing them on the Commission Web The FTC Act and other laws that the 14040 (‘‘March 12, 2014 Notice’’). One Commission administers permit the comment was received.1 Pursuant to the site. Because your comment will be made collection of public comments to OMB regulations, 5 CFR Part 1320, that public, you are solely responsible for consider and use in this proceeding as implement the PRA, 44 U.S.C. 3501 et making sure that your comment does appropriate. The Commission will seq., the FTC is providing this second not include any sensitive personal consider all timely and responsive opportunity for public comment while information, like anyone’s Social public comments that it receives on or seeking OMB approval to renew the pre- Security number, date of birth, driver’s existing clearance for the Rule. All before June 19, 2014. You can find more license number or other state comments should be filed as prescribed information, including routine uses identification number or foreign country herein, and must be received on or permitted by the Privacy Act, in the equivalent, passport number, financial before June 19, 2014. Commission’s privacy policy, at http:// Comments on the information account number, or credit or debit card www.ftc.gov/ftc/privacy.htm. number. You are also solely responsible collection requirements subject to David C. Shonka, review under the PRA should for making sure that your comment does additionally be submitted to OMB. If not include any sensitive health Principal Deputy General Counsel. sent by U.S. mail, they should be information, like medical records or [FR Doc. 2014–11626 Filed 5–19–14; 8:45 am] other individually identifiable health addressed to Office of Information and BILLING CODE 6750–01–S Regulatory Affairs, Office of information. In addition, do not include any ‘‘[t]rade secret or any commercial or 1 The comment noted favorably that fuel-related financial information which is obtained rules are ‘‘imperative’’ and that they ‘‘need to be from any person and which is privileged reviewed every two years to make sure entities, or confidential,’’ as provided in Section etc.[,] are in full compliance.’’ Although the Rule’s 6(f) of the FTC Act, 15 U.S.C. 46(f), and review is not necessarily subject to such frequency, the Commission reviews this Rule and all current FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). FTC rules (and guides) periodically. These reviews In particular, do not include seek information about the costs and benefits of the competitively sensitive information Commission’s rules and guides as well as their such as costs, sales statistics, regulatory and economic impact. The information obtained assists the Commission in identifying inventories, formulas, patterns, devices, rules (and guides) that warrant modification. manufacturing processes, or customer 2 In particular, the written request for confidential Moreover, the Commission may propose names. treatment that accompanies the comment must amendments to its rules outside of its periodic If you want the Commission to give review of them. Thus, for example, recently the include the factual and legal basis for the request, Commission published for public comment your comment confidential treatment, and must identify the specific portions of the proposed ethanol-related amendments to the Fuel you must file it in paper form, with a comment to be withheld from the public record. See Ratings Rule. See 79 FR 18850 (April 4, 2014). request for confidential treatment, and FTC Rule 4.9(c), 16 CFR 4.9(c).

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DEPARTMENT OF HEALTH AND personal information provided. For nceh/vsp/2014annualmeeting.htm). HUMAN SERVICES access to the docket to read background Attendees at the annual meeting documents or comments received, go to normally include cruise ship industry Centers for Disease Control and http://www.regulations.gov. officials, private sanitation consultants, Prevention FOR FURTHER INFORMATION CONTACT: and other interested parties. [Docket No. CDC–2014–0008] CAPT Jaret Ames, Vessel Sanitation Dated: May 15, 2014. Program, Centers for Disease Control Ron A. Otten, Vessel Sanitation Program: Annual and Prevention, 4770 Buford Highway Acting Deputy Associate Director for Science, Program Status Meeting; Request for NE., MS F–58, Atlanta, Georgia 30341, Centers for Disease Control and Prevention. comment email: [email protected], phone: 954–356– [FR Doc. 2014–11597 Filed 5–19–14; 8:45 am] 6650 or 770–488–3141. AGENCY: Centers for Disease Control and BILLING CODE 4163–18–P SUPPLEMENTARY INFORMATION: Prevention (CDC), Department of Health The purpose of the meeting is to and Human Services (HHS) inform the public of VSP’s activities in DEPARTMENT OF HEALTH AND ACTION: Notice of public meeting and assisting the cruise industry to prevent HUMAN SERVICES request for comment the introduction and spread of Food and Drug Administration SUMMARY: The Centers for Disease gastrointestinal (GI) illness to U.S. ports Control and Prevention (CDC) within from ships under VSP’s jurisdiction [Docket No. FDA–2014–D–0092] the Department of Health and Human (ships with 13 or more passengers and Services (HHS) announces the 2014 an itinerary that includes foreign and Electronic Study Data Submission; annual Vessel Sanitation Program (VSP) U.S. ports). Data Standards; Availability of public meeting. The annual meeting The meeting will include a review of Validation Rules for Standard for serves as a forum for HHS/CDC to HHS/CDC’s public health support Exchange of Nonclinical Data update interested persons on work activities from 2013, provide Formatted Studies completed in 2013 and plans for future perspective on VSP’s approach to vessel sanitation, and offer industry the AGENCY: Food and Drug Administration, activities. HHS/CDC is also opening a HHS. public docket so that additional opportunity to provide input regarding ACTION: Notice. comment and materials may be industry efforts to exceed VSP requirements. Presentations will clarify submitted. The official record of this SUMMARY: The Food and Drug meeting will remain open for 30 days the roles and responsibilities of VSP, cruise line public health management, Administration’s (FDA) Center for Drug (through July 10, 2014) so that Evaluation and Research (CDER), is additional materials or comments may and shipyards constructing cruise ships. Presentations will also include announcing the availability of the be submitted and made part of the Validation Rules for Standard for record. initiatives for improved epidemiologic study of disease outbreaks and strategic Exchange of Nonclinical Data (SEND) DATES: Written comments must be approaches to public health risk Formatted Studies document. CDER is received on or before July 10, 2014. reduction for 2015 and the future. making this document available to The meeting will be held on June 10, Matters to be discussed: improve the standardization and quality 2014, from 9:00 a.m. to 4:30 p.m. in the • of nonclinical data that are submitted to VSP year in review—operational and CDER as well as to improve the auditorium of the Port Everglades construction inspections, budget, and Administration Building, 1850 Eller predictability of data quality and vessel sanitation training usefulness. Drive, Fort Lauderdale, FL 33316. • CDC Calicivirus Laboratory— Information regarding logistics is norovirus projects FOR FURTHER INFORMATION CONTACT: available on the VSP Web site (http:// • GI illness data and epidemiology Office of Strategic Programs, Center for www.cdc.gov/nceh/vsp/ projects—VSP review and progress Drug Evaluation and Research, Food 2014annualmeeting.htm). report and Drug Administration, 10903 New Deadline for Requests for Special • Cruise line public health initiatives Hampshire Ave., Bldg. 51, Rm. 1183, Accommodations: Persons wishing to • CDC Quarantine—Border Health Silver Spring, MD 20993, email: edata@ participate in the public meeting who Services Branch Update, including fda.hhs.gov. need special accommodations should surveillance SUPPLEMENTARY INFORMATION: On contact CAPT Jaret Ames ([email protected] • Shipyard construction—strengthening February 6, 2014, FDA issued a Federal or 954–356–6650 or 770–488–3141) by public health through engineering Register notice (79 FR 7201) Monday, June 2, 2014. controls announcing the availability of a revised ADDRESSES: You may submit comments, • Cruise Lines International draft guidance for industry entitled identified by Docket No. CDC–2014– Association—industry public health ‘‘Providing Regulatory Submissions in 0008 by any of the following methods: challenges and response Electronic Format—Standardized Study • Federal eRulemaking Portal: http:// Meeting Accessibility: The meeting is Data’’. The revised draft guidance www.regulations.gov. Follow the open to the public, but space is limited incorporates by reference a technical instructions for submitting comments. to availability. Visitors must present specifications document entitled ‘‘Study • Mail: Vessel Sanitation Program, government-issued identification to pass Data Technical Conformance Guide.’’ Centers for Disease Control and through the vehicle port security On February 6, 2014, FDA issued a Prevention, 4770 Buford Highway NE., checkpoint and enter the administration Federal Register notice (79 FR 7204) MS F–58, Atlanta, Georgia 30341. building. announcing the availability of the Guide Instructions: All submissions received Advanced registration is encouraged; and an update to the Data Standards must include the agency name and the meeting room can accommodate Catalog. The Guide is available at Docket Number. All relevant comments approximately 100 persons. Information http://www.fda.gov/downloads/ received will be posted without change regarding logistics is available on the ForIndustry/DataStandards/ to http://regulations.gov, including any VSP Web site (http://www.cdc.gov/ StudyDataStandards/UCM384744.pdf.

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Section 8.2.3 of the Guide, ‘‘Support on Name of Committee: Circulatory be made publicly available at the Data Validation Rules,’’ states that ‘‘[t]he System Devices Panel of the Medical location of the advisory committee Standards Web page provides links to Devices Advisory Committee. meeting, and the background material the validation rules needed to ensure General Function of the Committee: will be posted on FDA’s Web site after data compliance with CDISC standards, To provide advice and the meeting. Background material is such as SDTM, SEND, ADaM, and recommendations to the Agency on available at http://www.fda.gov/ define.xml.’’ In this notice, we are FDA’s regulatory issues. Date and Time: AdvisoryCommittees/Calendar/ announcing the availability of the SEND The meeting will be held on June 12, default.htm. Scroll down to the validation rules. 2014, from 8 a.m. to 6 p.m. Location: appropriate advisory committee meeting The Validation Rules for SEND Holiday Inn Express/Highlands, 20260 link. Goldenrod Lane, Germantown, MD Formatted Studies is an Excel file that Procedure: Interested persons may provides human readable description of 20876. The hotel telephone number is 301–428–1300. present data, information, or views, a rule set for validation (Nonclinical orally or in writing, on issues pending Validator Specifications (XLS)). Contact Person: Jamie Waterhouse, Center for Devices and Radiological before the committee. Written Submitters of nonclinical study data can submissions may be made to the contact use this information to identify how Health, Food and Drug Administration, person on or before June 4, 2014. On FDA validates the data. It is available 10903 New Hampshire Ave., Silver June 12, 2014, oral presentations from from the FDA Study Data Standards Spring, MD 20993 Jamie.Waterhouse@ the public will be scheduled between Resources Web page: http:// fda.hhs.gov, 301–796–3063, or FDA approximately 1 p.m. and 2 p.m. Those www.fda.gov/ForIndustry/ Advisory Committee Information Line, individuals interested in making formal DataStandards/StudyDataStandards/ 1–800–741–8138 (301–443–0572 in the oral presentations should notify the default.htm. The file contains a Washington, DC area). A notice in the contact person and submit a brief combination of conformance rules (i.e., Federal Register about last minute statement of the general nature of the how well the data conform to the modifications that impact a previously evidence or arguments they wish to standard) and business rules (i.e., announced advisory committee meeting present, the names and addresses of quality checks; how well the data may cannot always be published quickly support meaningful analysis). The file enough to provide timely notice. proposed participants, and an may be updated periodically as new or Therefore, you should always check the indication of the approximate time updated validation rules are developed. Agency’s Web site at http:// requested to make their presentation on The Change History tab will provide a www.fda.gov/AdvisoryCommittees/ or before May 28, 2014. Time allotted descriptive change history of the default.htm and scroll down to the for each presentation may be limited. If document. appropriate advisory committee meeting the number of registrants requesting to link, or call the advisory committee The validation rules in the speak is greater than can be reasonably information line to learn about possible Nonclinical Validator Specifications accommodated during the scheduled modifications before coming to the document were created following the open public hearing session, FDA may meeting. conduct a lottery to determine the suggested human readable validation Agenda: On June 12, 2014, the rule syntax published by a speakers for the scheduled open public committee will discuss, make hearing session. The contact person will Computational Science Symposium recommendations, and vote on workgroup. This document is available notify interested persons regarding their information related to the premarket request to speak by May 30, 2014. at: http://www.phusewiki.org/wiki/ approval application for the LUTONIX index.php?title=Guidelines_for_ Persons attending FDA’s advisory _ _ 035 Drug Coated Balloon PTA Catheter Validation Rule Developers. sponsored by Lutonix, Inc. The committee meetings are advised that the Dated: May 14, 2014. LUTONIX 035 Drug Coated Balloon Agency is not responsible for providing Leslie Kux, PTA Catheter (LUTONIX DCB) is an access to electrical outlets. Assistant Commissioner for Policy. over-the-wire percutaneous FDA welcomes the attendance of the [FR Doc. 2014–11522 Filed 5–19–14; 8:45 am] transluminal angioplasty (PTA) catheter public at its advisory committee BILLING CODE 4160–01–P with a paclitaxel-based drug coating on meetings and will make every effort to the surface of the balloon. The accommodate persons with physical LUTONIX DCB is compatible with a disabilities or special needs. If you DEPARTMENT OF HEALTH AND 0.035’’ guidewire and has balloon sizes require special accommodations due to HUMAN SERVICES ranging from 4 millimeters (mm) to 6 a disability, please contact AnnMarie mm in diameter and 40 mm to 100 mm Williams, Conference Management Food and Drug Administration in length. The LUTONIX DCB catheter Staff, at Annmarie.Williams@ is available in 75 centimeters (cm), 100 [Docket No. FDA–2014–N–0001] fda.hhs.gov or 301–796–5966 at least 7 cm and 130 cm working lengths. days in advance of the meeting. The proposed indications for use are Circulatory System Devices Panel of FDA is committed to the orderly for improving luminal diameter for the the Medical Devices Advisory conduct of its advisory committee treatment of obstructive de novo or non- Committee; Notice of Meeting meetings. Please visit our Web site at stented restenotic lesions (≤15cm in http://www.fda.gov/ AGENCY: Food and Drug Administration, length) in native femoropopliteal AdvisoryCommittees/ HHS. arteries having reference vessel AboutAdvisoryCommittees/ ACTION: Notice. diameters of 4 mm to 6 mm. FDA intends to make background ucm111462.htm for procedures on This notice announces a forthcoming material available to the public no later public conduct during advisory meeting of a public advisory committee than 2 business days before the meeting. committee meetings. of the Food and Drug Administration If FDA is unable to post the background Notice of this meeting is given under (FDA). The meeting will be open to the material on its Web site prior to the the Federal Advisory Committee Act (5 public. meeting, the background material will U.S.C. app. 2).

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Dated: May 14, 2014. an approval phase. For human drug FDA has verified the applicant’s claim Jill Hartzler Warner, products, the testing phase begins when that the new drug application (NDA) for Acting Associate Commissioner for Special the exemption to permit the clinical Picato (NDA 202833) was submitted on Medical Programs. investigations of the drug becomes March 25, 2011. effective and runs until the approval [FR Doc. 2014–11553 Filed 5–19–14; 8:45 am] 3. The date the application was phase begins. The approval phase starts BILLING CODE 4160–01–P approved: January 23, 2012. FDA has with the initial submission of an application to market the human drug verified the applicant’s claim that NDA DEPARTMENT OF HEALTH AND product and continues until FDA grants 202833 was approved on January 23, HUMAN SERVICES permission to market the drug product. 2012. Although only a portion of a regulatory This determination of the regulatory Food and Drug Administration review period may count toward the review period establishes the maximum [Docket No. FDA–2012–E–1226] actual amount of extension that the potential length of a patent extension. Director of Patents and Trademarks may However, the Patent and Trademark Determination of Regulatory Review award (for example, half the testing Office applies several statutory Period for Purposes of Patent phase must be subtracted as well as any limitations in its calculations of the Extension; PICATO time that may have occurred before the actual period for patent extension. In its patent was issued), FDA’s determination application for patent extension, this AGENCY: Food and Drug Administration, of the length of a regulatory review applicant seeks 783 days of patent term HHS. period for a human drug product will extension. ACTION: Notice. include all of the testing phase and approval phase as specified in 35 U.S.C. Anyone with knowledge that any of SUMMARY: The Food and Drug 156(g)(1)(B). the dates as published are incorrect may Administration (FDA) has determined FDA has approved for marketing the submit to the Division of Dockets the regulatory review period for human drug product PICATO (ingenol Management (see ADDRESSES) either PICATO and is publishing this notice of mebutate). PICATO is indicated for the electronic or written comments and ask that determination as required by law. topical treatment of actinic keratosis. for a redetermination by July 21, 2014. FDA has made the determination Subsequent to this approval, the Patent Furthermore, any interested person may because of the submission of an and Trademark Office received a patent petition FDA for a determination application to the Director of Patents term restoration application for PICATO regarding whether the applicant for and Trademarks, Department of (U.S. Patent No. 7,410,656) from Leo extension acted with due diligence Commerce, for the extension of a patent Laboratories Ltd., and the Patent and during the regulatory review period by which claims that human drug product. Trademark Office requested FDA’s November 17, 2014. To meet its burden, assistance in determining this patent’s ADDRESSES: Submit electronic the petition must contain sufficient facts eligibility for patent term restoration. In comments to http:// to merit an FDA investigation. (See H. a letter dated February 22, 2013, FDA www.regulations.gov. Submit written Rept. 857, part 1, 98th Cong., 2d sess., petitions (two copies are required) and advised the Patent and Trademark Office that this human drug product had pp. 41–42, 1984.) Petitions should be in written comments to the Division of the format specified in 21 CFR 10.30. Dockets Management (HFA–305), Food undergone a regulatory review period and Drug Administration, 5630 Fishers and that the approval of PICATO Interested persons may submit to the Lane, Rm. 1061, Rockville, MD 20852. represented the first permitted Division of Dockets Management (see Submit petitions electronically to commercial marketing or use of the ADDRESSES) electronic or written http://www.regulations.gov at Docket product. Thereafter, the Patent and comments and written or electronic No. FDA–2013–S–0610. Trademark Office requested that FDA petitions. It is only necessary to send determine the product’s regulatory FOR FURTHER INFORMATION CONTACT: one set of comments. Identify comments review period. Beverly Friedman, Office of with the docket number found in FDA has determined that the brackets in the heading of this Management, Food and Drug applicable regulatory review period for document. If you submit a written Administration, 10903 New Hampshire PICATO is 2,737 days. Of this time, Ave., Bldg. 51, Rm. 6257, Silver Spring, 2,432 days occurred during the testing petition, two copies are required. A MD 20993–0002, 301–796–7900. phase of the regulatory review period, petition submitted electronically must SUPPLEMENTARY INFORMATION: The Drug while 305 days occurred during the be submitted to http:// Price Competition and Patent Term approval phase. These periods of time www.regulations.gov, Docket No. FDA– Restoration Act of 1984 (Pub. L. 98–417) were derived from the following dates: 2013–S–0610. Comments and petitions and the Generic Animal Drug and Patent 1. The date an exemption under that have not been made publicly Term Restoration Act (Pub. L. 100–670) section 505(i) of the Federal Food, Drug, available on http://www.regulations.gov generally provide that a patent may be and Cosmetic Act (the FD&C Act) (21 may be viewed in the Division of extended for a period of up to 5 years U.S.C. 355(i)) became effective: July 28, Dockets Management between 9 a.m. so long as the patented item (human 2004. The applicant claims July 9, 2004, and 4 p.m., Monday through Friday. drug product, animal drug product, as the date the investigational new drug Dated: May 14, 2014. medical device, food additive, or color application (IND) became effective. additive) was subject to regulatory However, FDA records indicate that the Leslie Kux, review by FDA before the item was IND effective date was July 28, 2004, Assistant Commissioner for Policy. marketed. Under these acts, a product’s which was 30 days after FDA receipt of [FR Doc. 2014–11521 Filed 5–19–14; 8:45 am] regulatory review period forms the basis the IND. BILLING CODE 4160–01–P for determining the amount of extension 2. The date the application was an applicant may receive. initially submitted with respect to the A regulatory review period consists of human drug product under section two periods of time: A testing phase and 505(b) of the FD&C Act: March 25, 2011.

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DEPARTMENT OF HEALTH AND with the initial submission of an IND sponsor was notified that the HUMAN SERVICES application to market the human drug proposed clinical studies may proceed. product and continues until FDA grants 2. The date the application was Food and Drug Administration permission to market the drug product. initially submitted with respect to the [Docket No. FDA–2012–E–0161] Although only a portion of a regulatory human drug product under section review period may count toward the 505(b) of the FD&C Act: November 23, Determination of Regulatory Review actual amount of extension that the 2010. FDA has verified the applicant’s Period for Purposes of Patent Director of Patents and Trademarks may claim that the new drug application Extension; INCIVEK award (for example, half the testing (NDA) for INCIVEK (NDA 201–917) was phase must be subtracted as well as any submitted on November 23, 2010. AGENCY: Food and Drug Administration, time that may have occurred before the HHS. patent was issued), FDA’s determination 3. The date the application was ACTION: Notice. of the length of a regulatory review approved: May 23, 2011. FDA has period for a human drug product will verified the applicant’s claim that NDA SUMMARY: The Food and Drug include all of the testing phase and 201–917 was approved on May 23, Administration (FDA) has determined approval phase as specified in 35 U.S.C. 2011. the regulatory review period for 156(g)(1)(B). This determination of the regulatory INCIVEK and is publishing this notice FDA has approved for marketing the review period establishes the maximum of that determination as required by human drug product INCIVEK potential length of a patent extension. law. FDA has made the determination (telaprevir). INCIVEK is a hepatitis C However, the U.S. Patent and because of the submission of an virus NS3/4A protease inhibitor Trademark Office applies several application to the Director of Patents indicated, in combination with statutory limitations in its calculations and Trademarks, Department of peginterferon alfa and ribavirin, for the of the actual period for patent extension. Commerce, for the extension of a patent treatment of genotype 1 chronic In its application for patent extension, which claims that human drug product. hepatitis C in adult patients with this applicant seeks 87 days of patent ADDRESSES: Submit electronic compensated liver disease, including term extension. comments to http:// cirrhosis, who are treatment-naı¨ve or Anyone with knowledge that any of www.regulations.gov. Submit written who have been previously treated with the dates as published are incorrect may petitions (two copies are required) and interferon-based treatment, including submit to the Division of Dockets written comments to the Division of prior null responders, partial Management (see ADDRESSES) either Dockets Management (HFA–305), Food responders, and relapsers. Subsequent electronic or written comments and ask and Drug Administration, 5630 Fishers to this approval, the Patent and for a redetermination by July 21, 2014. Lane, Rm. 1061, Rockville, MD 20852. Trademark Office received a patent term Furthermore, any interested person may Submit petitions electronically to restoration application for INCIVEK petition FDA for a determination http://www.regulations.gov at Docket (U.S. Patent No. 7,820,671) from Vertex regarding whether the applicant for No. FDA–2013–S–0610. Pharmaceuticals Incorporated, and the extension acted with due diligence FOR FURTHER INFORMATION CONTACT: Patent and Trademark Office requested during the regulatory review period by Beverly Friedman, Office of FDA’s assistance in determining this November 17, 2014. To meet its burden, Management, Center for Drug patent’s eligibility for patent term the petition must contain sufficient facts Evaluation and Research, Food and restoration. In a letter dated February 1, to merit an FDA investigation. (See H. Drug Administration, 10903 New 2013, FDA advised the Patent and Rept. 857, part 1, 98th Cong., 2d sess., Hampshire Ave., Bldg. 51, Rm. 6257, Trademark Office that this human drug pp. 41–42, 1984.) Petitions should be in Silver Spring, MD 20993–0002, 301– product had undergone a regulatory the format specified in 21 CFR 10.30. 796–7900. review period and that the approval of Interested persons may submit to the SUPPLEMENTARY INFORMATION: The Drug INCIVEK represented the first permitted Division of Dockets Management (see commercial marketing or use of the Price Competition and Patent Term ADDRESSES) electronic or written Restoration Act of 1984 (Pub. L. 98–417) product. Thereafter, the Patent and comments and written or electronic and the Generic Animal Drug and Patent Trademark Office requested that FDA petitions. It is only necessary to send Term Restoration Act (Pub. L. 100–670) determine the product’s regulatory one set of comments. Identify comments generally provide that a patent may be review period. with the docket number found in extended for a period of up to 5 years FDA has determined that the brackets in the heading of this so long as the patented item (human applicable regulatory review period for document. If you submit a written drug product, animal drug product, INCIVEK is 2,003 days. Of this time, petition, two copies are required. A medical device, food additive, or color 1,821 days occurred during the testing petition submitted electronically must additive) was subject to regulatory phase of the regulatory review period, be submitted to http:// review by FDA before the item was while 182 days occurred during the www.regulations.gov, Docket No. FDA– marketed. Under these acts, a product’s approval phase. These periods of time 2013–S–0610. Comments and petitions regulatory review period forms the basis were derived from the following dates: that have not been made publicly for determining the amount of extension 1. The date an exemption under available on http://www.regulations.gov an applicant may receive. section 505(i) of the Federal Food, Drug, may be viewed in the Division of A regulatory review period consists of and Cosmetic Act (the FD&C Act) (21 Dockets Management between 9 a.m. two periods of time: A testing phase and U.S.C. 355(i)) became effective: and 4 p.m., Monday through Friday. an approval phase. For human drug November 29, 2005. The applicant products, the testing phase begins when claims December 2, 2005, as the date the Dated: May 14, 2014. the exemption to permit the clinical investigational new drug application Leslie Kux, investigations of the drug becomes (IND) became effective. However, FDA Assistant Commissioner for Policy. effective and runs until the approval records indicate that the IND effective [FR Doc. 2014–11525 Filed 5–19–14; 8:45 am] phase begins. The approval phase starts date was November 29, 2005, when the BILLING CODE 4160–01–P

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DEPARTMENT OF HEALTH AND product and continues until FDA grants This determination of the regulatory HUMAN SERVICES permission to market the drug product. review period establishes the maximum Although only a portion of a regulatory potential length of a patent extension. Food and Drug Administration review period may count toward the However, the Patent and Trademark [Docket No. FDA–2013–E–0030] actual amount of extension that the Office applies several statutory Director of Patents and Trademarks may limitations in its calculations of the Determination of Regulatory Review award (for example, half the testing actual period for patent extension. In its Period for Purposes of Patent phase must be subtracted as well as any application for patent extension, this Extension; OMONTYS time that may have occurred before the applicant seeks 684 days of patent term patent was issued), FDA’s determination extension. AGENCY: Food and Drug Administration, of the length of a regulatory review HHS. period for a human drug product will Anyone with knowledge that any of ACTION: Notice. include all of the testing phase and the dates as published are incorrect may approval phase as specified in 35 U.S.C. submit to the Division of Dockets SUMMARY: The Food and Drug 156(g)(1)(B). Management (see ADDRESSES) either Administration (FDA) has determined FDA has approved for marketing the electronic or written comments and ask the regulatory review period for human drug product OMONTYS for a redetermination by July 21, 2014. OMONTYS and is publishing this notice (Peginesatide acetate). OMONTYS is Furthermore, any interested person may of that determination as required by indicated for treatment of anemia due to petition FDA for a determination law. FDA has made the determination chronic kidney disease in adult patients regarding whether the applicant for because of the submission of an on dialysis. Subsequent to this approval, extension acted with due diligence application to the Director of Patents the Patent and Trademark Office during the regulatory review period by and Trademarks, Department of received a patent term restoration November 17, 2014. To meet its burden, Commerce, for the extension of a patent application for OMONTYS (U.S. Patent the petition must contain sufficient facts which claims that human drug product. No. 7,414,105) from Affymax, Inc., and to merit an FDA investigation. (See H. ADDRESSES: Submit electronic the Patent and Trademark Office Rept. 857, part 1, 98th Cong., 2d sess., comments to http:// requested FDA’s assistance in pp. 41–42, 1984.) Petitions should be in www.regulations.gov. Submit written determining this patent’s eligibility for the format specified in 21 CFR 10.30. petitions (two copies are required) and patent term restoration. In a letter dated written comments to the Division of February 22, 2013, FDA advised the Interested persons may submit to the Dockets Management (HFA–305), Food Patent and Trademark Office that this Division of Dockets Management (see and Drug Administration, 5630 Fishers human drug product had undergone a ADDRESSES) electronic or written Lane, Rm. 1061, Rockville, MD 20852. regulatory review period and that the comments and written or electronic Submit petitions electronically to approval of OMONTYS represented the petitions. It is only necessary to send http://www.regulations.gov at Docket first permitted commercial marketing or one set of comments. Identify comments No. FDA–2013–S–0610. use of the product. Thereafter, the with the docket number found in FOR FURTHER INFORMATION CONTACT: Patent and Trademark Office requested brackets in the heading of this Beverly Friedman, Office of that FDA determine the product’s document. If you submit a written Management, Food and Drug regulatory review period. petition, two copies are required. A Administration, 10903 New Hampshire FDA has determined that the petition submitted electronically must Ave., Bldg. 51, Rm. 6257, Silver Spring, applicable regulatory review period for be submitted to http:// MD 20993–0002, 301–796–7900. OMONTYS is 2,528 days. Of this time, www.regulations.gov, Docket No. FDA– SUPPLEMENTARY INFORMATION: The Drug 2,222 days occurred during the testing 2013–S–0610. Comments and petitions Price Competition and Patent Term phase of the regulatory review period, that have not been made publicly Restoration Act of 1984 (Pub. L. 98–417) while 306 days occurred during the available on http://www.regulations.gov and the Generic Animal Drug and Patent approval phase. These periods of time may be viewed in the Division of Term Restoration Act (Pub. L. 100–670) were derived from the following dates: Dockets Management between 9 a.m. generally provide that a patent may be 1. The date an exemption under and 4 p.m., Monday through Friday. extended for a period of up to 5 years section 505(i) of the Federal Food, Drug, so long as the patented item (human and Cosmetic Act (the FD&C Act) (21 Dated: May 14, 2014. drug product, animal drug product, U.S.C. 355(i)) became effective: April Leslie Kux, medical device, food additive, or color 27, 2005. FDA has verified the Assistant Commissioner for Policy. additive) was subject to regulatory applicant’s claim that the date the [FR Doc. 2014–11523 Filed 5–19–14; 8:45 am] review by FDA before the item was investigational new drug application BILLING CODE 4160–01–P marketed. Under these acts, a product’s became effective was on April 27, 2005. regulatory review period forms the basis 2. The date the application was for determining the amount of extension initially submitted with respect to the an applicant may receive. human drug product under section A regulatory review period consists of 505(b) of the FD&C Act: May 27, 2011. two periods of time: A testing phase and FDA has verified the applicant’s claim an approval phase. For human drug that the new drug application (NDA) for products, the testing phase begins when OMONTYS (NDA 202799) was the exemption to permit the clinical submitted on May 27, 2011. investigations of the drug becomes 3. The date the application was effective and runs until the approval approved: March 27, 2012. FDA has phase begins. The approval phase starts verified the applicant’s claim that NDA with the initial submission of an 202799 was approved on March 27, application to market the human drug 2012.

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DEPARTMENT OF HEALTH AND partnership at the federal, state, and Tribal MIECHV grantees must also HUMAN SERVICES community levels to improve health and report annually on demographic, service development outcomes for at-risk utilization, budgetary, and other Health Resources and Services children through voluntary evidence- administrative data related to program Administration based home visiting programs. The implementation. In addition, tribal MIECHV Program is designed: (1) To MIECHV grantees must propose a plan Administration for Children and strengthen and improve the programs for meeting the benchmark requirements Families and activities carried out under Title V specified in the legislation and must of the Social Security Act; (2) to report on improvement on constructs Agency Information Collection improve coordination of services for at- under each benchmark area at the end Activities: Submission to OMB for risk communities; and (3) to identify of Year 4 and Year 5 of their 5-year Review and Approval; Public Comment and provide comprehensive services to grants. Request improve outcomes for families who Need and Proposed Use of the AGENCY: Administration for Children reside in at-risk communities. Information: The data collected from the and Families, Health Resources and HRSA and the Administration for proposed Home Visiting (HV) forms will Services Administration, HHS. Children and Families (ACF) collaborate be used to track state and tribal MIECHV grantees’ progress in demonstrating ACTION: Notice. to implement the MIECHV programs. HRSA administers grants to states, improvement under each benchmark SUMMARY: In compliance with Section jurisdictions, and eligible non-profits area and provide an overall picture of 3507(a)(1)(D) of the Paperwork (State MIECHV program) and ACF the population being served. The Reduction Act of 1995, the Health administers grants to Indian tribes proposed data collection forms are as Resources and Services Administration (including consortia of tribes), tribal follows: (HRSA) has submitted an Information organizations, and urban Indian HV Form 1—Demographic and Collection Request (ICR) to the Office of organizations (Tribal MIECHV program). Service Utilization Data for Enrollees and Children—This form requests data Management and Budget (OMB) for The Social Security Act, Title V, to determine the unduplicated number review and approval. Comments Section 511 (42 U.S.C. 711), as added by submitted during the first public review of participants and of participant groups the Patient Protection and Affordable by primary insurance coverage. This of this ICR will be provided to OMB. Care Act of 2010 (Pub. L. 111–148), OMB will accept further comments from form also requests data on the requires that state and tribal MIECHV demographic characteristics of program the public during the review and grantees collect data to measure approval period. participants such as race, ethnicity, and improvements for eligible families in six income. The form is used by both state DATES: Comments on this ICR should be specified areas (referred to as and tribal MIECHV grantees. As this received no later than June 19, 2014. ‘‘benchmark areas’’) that encompass the form has current approval from OMB ADDRESSES: Submit your comments, major goals for the program: (1) and is in use, no changes are proposed. including the Information Collection Improved maternal and newborn health; HV Form 2—State Grantee Request Title, to the desk officer for (2) prevention of child injuries, child Performance Measures: Grantees have HRSA, either by email to abuse, neglect, or maltreatment, and already selected relevant performance _ OIRA [email protected] or by reduction of emergency room visits; (3) measures for the legislatively identified fax to (202) 395–5806. improvement in school readiness and benchmark areas. This form provides a FOR FURTHER INFORMATION CONTACT: To achievement;(4) reduction in crime or template for grantees to report aggregate request a copy of the clearance requests domestic violence; (5) improvements in data on their selected performance submitted to OMB for review, email the family economic self-sufficiency; and measures. This form is used by state HRSA Information Collection Clearance (6) improvements in the coordination MIECHV grantees only. As this form has Officer at [email protected] or call and referrals for other community current approval from OMB and is in (301) 443–1984. resources and supports. use, no changes are proposed. SUPPLEMENTARY INFORMATION: The Supplemental Information HV Form 3—Tribal Grantee Information Collection Request Title: Request for the Submission of the Performance Measures: To show Maternal, Infant, and Early Childhood Updated State Plan for a State Home quantifiable, measurable improvement Home Visiting Program Information Visiting Program (SIR), published on in benchmark areas, each tribal MIECHV System. OMB No. 0915–0357— February 8, 2011, further listed a variety grantee must submit data demonstrating Revision. of constructs under each benchmark improvement on constructs in each of Abstract: On March 23, 2010, the area for which state MIECHV grantees the six benchmark areas. The purpose of President signed into law the Patient were to select and submit relevant the proposed collection on HV Form 3 Protection and Affordable Care Act of performance measures. Per Section will be to track tribal MIECHV grantees’ 2010 (Pub. L. 111–148), historic and 511(d)(1)(B)(i) of the legislation, no later progress in demonstrating improvement transformative legislation designed to than 30 days after the end of the third under each benchmark area. This form make quality, affordable health care year of the program, grantees are will be used by tribal MIECHV grantees available to all Americans, reduce costs, required to demonstrate improvement in only. As this form was not included in improve health care quality, enhance at least four of the six benchmark areas. the previous submission to OMB, this disease prevention, and strengthen the Funding opportunity announcements, form is new to the information system. health care workforce. Through a notices of award, and program guidance Likely Respondents: HV Form 1 is provision authorizing the creation of the documents for competitive, formula, used by all MIECHV Program grantees. Maternal, Infant, and Early Childhood and non-profit grants also require HV Form 2 is used by the states, the Home Visiting (MIECHV) Program, the annual reporting on the constructs District of Columbia, Puerto Rico, Act responds to the diverse needs of under each benchmark area, as well as Guam, the Virgin Islands, the Northern children and families in communities at on demographic, service utilization, Mariana Islands, American Samoa, and risk and provides an unprecedented budgetary, and other administrative data non-profit organizations providing opportunity for collaboration and related to program implementation. services within states through the State

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MIECHV Program. HV Form 3 will be develop, acquire, install, and utilize a collection of information; to search used by tribal MIECHV grantees. technology and systems for the purpose data sources; to complete and review Burden Statement: Burden in this of collecting, validating, and verifying the collection of information; and to context means the time expended by information, processing and transmit or otherwise disclose the persons to generate, maintain, retain, maintaining information, and disclosing information. The total annual burden disclose, or provide the information and providing information; to train hours estimated for this ICR are requested. This includes the time personnel and to be able to respond to summarized in the table below. needed to review instructions; to

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

HV Form 1: Demographic 81 1 (All MIECHV grantees, 1 81 (All MIECHV grantees, in- 731 59, 211 and Service Utilization Data including tribal grantees). cluding tribal grantees). for Enrollees and Children. HV Form 2: Grantee Perform- 56 2 (state MIECHV grant- 1 56 (state MIECHV grantees) 313 17, 528 ance Measures. ees). HV Form 3: Tribal-Grantee 25 3 (tribal MIECHV grant- 1 25 (tribal MIECHV grantees) 475 11,875 Performance Measures. ees).

Total ...... 81 ...... 81 ...... 88, 614 1 In addition to 56 jurisdictions and non-profit organizations, it is estimated that 25 tribal MIECHV program grantees will utilize Form 1 to report on demographic and service utilization data for all participant families. 2 This number does not include tribal MIECHV program grantees. 3 This number reflects the number of tribal MIECHV grantees.

Dated: May 12, 2014. Name of Committee: National Institute of The meeting will be closed to the Bahar Niakan, Allergy and Infectious Diseases Special public in accordance with the Emphasis Panel; NIAID Peer Review Meeting. Director, Division of Policy and Information provisions set forth in sections Date: June 27, 2014. Coordination, Health Resources and Services Time: 8:00 a.m. to 5:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Administration. Agenda: To review and evaluate contract as amended. The grant applications and Linda K. Smith, proposals. the discussions could disclose Deputy Assistant Secretary and Inter- Place: Mayflower Renaissance Hotel, The confidential trade secrets or commercial Departmental Liaison for Early Childhood New York Room, 1127 Connecticut Avenue property such as patentable material, Development, Administration for Children NW., Washington, DC 20036. and personal information concerning and Families. Contact Person: Lynn Rust, Ph.D., individuals associated with the grant Scientific Review Officer Scientific Review [FR Doc. 2014–11686 Filed 5–19–14; 8:45 am] applications, the disclosure of which BILLING CODE 4165–15–P Program Division of Extramural Activities NIAID/NIH/DHHS, 6700B Rockledge Drive, would constitute a clearly unwarranted MSC 7616 Bethesda, MD 20892, 301–402– invasion of personal privacy. 3938, [email protected]. DEPARTMENT OF HEALTH AND Name of Committee: Microbiology, HUMAN SERVICES (Catalogue of Federal Domestic Assistance Infectious Diseases and AIDS Initial Review Program Nos. 93.855, Allergy, Immunology, Group; Microbiology and Infectious Diseases National Institutes of Health and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research Committee. Research, National Institutes of Health, HHS). Date: June 11–12, 2014. National Institute of Allergy and Time: 1:00 p.m. to 5:00 p.m. Infectious Diseases; Notice of Closed Dated: May 14, 2014. Agenda: To review and evaluate grant Meeting David Clary, applications Program Analyst, Office of Federal Advisory Place: National Institutes of Health, Room Pursuant to section 10(d) of the Committee Policy. 3144, 6700B Rockledge Drive Bethesda, MD Federal Advisory Committee Act, as [FR Doc. 2014–11591 Filed 5–19–14; 8:45 am] 20817 (Telephone Conference Call). amended (5 U.S.C. App.), notice is BILLING CODE 4140–01–P Contact Person: Frank S. De Silva, Ph.D., hereby given of the following meeting. Scientific Review Officer, Scientific Review The meeting will be closed to the Program, Division of Extramural Activities, public in accordance with the DEPARTMENT OF HEALTH AND National Institutes of Health/NIAID 6700B provisions set forth in sections HUMAN SERVICES Rockledge Drive, MSC 7616, Bethesda, MD 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 20892–7616, 301–594–1009, fdesilva@ as amended. The contract proposals and National Institutes of Health niaid.nih.gov. the discussions could disclose National Institute of Allergy and (Catalogue of Federal Domestic Assistance confidential trade secrets or commercial Infectious Diseases; Notice of Closed Program Nos. 93.855, Allergy, Immunology, property such as patentable material, Meeting and Transplantation Research; 93.856, and personal information concerning Microbiology and Infectious Diseases individuals associated with the contract Pursuant to section 10(d) of the Research, National Institutes of Health, HHS). proposals, the disclosure of which Federal Advisory Committee Act, as would constitute a clearly unwarranted amended (5 U.S.C. App.), notice is invasion of personal privacy. hereby given of the following meeting.

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Dated: May 14, 2014. Physiology, and Biological Chemistry Place: National Institutes of Health, David Clary, Research; 93.862, Genetics and National Institute on Minority Health Developmental Biology Research; 93.88, Program Analyst, Office of Federal Advisory and Health Disparities, 6707 Democracy Minority Access to Research Careers; 93.96, Committee Policy. Special Minority Initiatives, National Blvd., Rm. 849, Bethesda, MD 20892. [FR Doc. 2014–11592 Filed 5–19–14; 8:45 am] Institutes of Health, HHS). Contact Person: Donna Brooks, BILLING CODE 4140–01–P Executive Officer, National Institutes of Dated: May 15, 2014. Health, National Institute on Minority Melanie J. Gray, Health and Heath Disparities, 6707 DEPARTMENT OF HEALTH AND Program Analyst, Office of Federal Advisory Democracy Blvd., Suite 800, Bethesda, HUMAN SERVICES Committee Policy. MD 20892, (301) 435–2135, brooksd@ [FR Doc. 2014–11593 Filed 5–19–14; 8:45 am] mail.nih.gov. National Institutes of Health BILLING CODE 4140–01–P Any member of the public interested National Institute of General Medical in presenting oral comments to the Sciences; Notice of Closed Meetings DEPARTMENT OF HEALTH AND committee may notify the Contact HUMAN SERVICES Person listed on this notice at least 10 Pursuant to section 10(d) of the days in advance of the meeting. Federal Advisory Committee Act, as National Institutes of Health Interested individuals and amended (5 U.S.C. App.), notice is representatives of organizations may hereby given of the following meetings. National Institute on Minority Health submit a letter of intent, a brief The meetings will be closed to the and Health Disparities; Notice of description of the organization public in accordance with the Meeting represented, and a short description of provisions set forth in sections Pursuant to section 10(d) of the the oral presentation. Only one 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., representative of an organization may be as amended. The grant applications and Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is allowed to present oral comments and if the discussions could disclose accepted by the committee, confidential trade secrets or commercial hereby given of a meeting of the National Advisory Council on Minority presentations may be limited to five property such as patentable material, minutes. Both printed and electronic and personal information concerning Health and Health Disparities. The meeting will be open to the copies are requested for the record. In individuals associated with the grant addition, any interested person may file applications, the disclosure of which public as indicated below, with attendance limited to space available. written comments with the committee would constitute a clearly unwarranted by forwarding their statement to the invasion of personal privacy. Individuals who plan to attend and need special assistance, such as sign Contact Person listed on this notice. The Name of Committee: National Institute of language interpretation or other statement should include the name, General Medical Sciences Initial Review reasonable accommodations, should address, telephone number and when Group; Training and Workforce Development applicable, the business or professional Subcommittee—A notify the Contact Person listed below Date: June 25, 2014. in advance of the meeting. affiliation of the interested person. Time: 8:00 a.m. to 5:00 p.m. The meeting will be closed to the Dated: May 14, 2014. Agenda: To review and evaluate grant public in accordance with the David Clary, applications. provisions set forth in sections Place: Embassy Suites Chevy Chase Program Analyst, Office of Federal Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. Pavilion, 4300 Military Road NW., as amended. The grant applications Washington, DC 20015. [FR Doc. 2014–11594 Filed 5–19–14; 8:45 am] and/or contract proposals and the Contact Person: John J. Laffan, Ph.D., BILLING CODE 4140–01–P Scientific Review Officer, Office of Scientific discussions could disclose confidential Review, National Institute of General Medical trade secrets or commercial property Sciences, National Institutes of Health, 45 such as patentable material, and DEPARTMENT OF HEALTH AND Center Drive, Room 3An.18J, Bethesda, MD personal information concerning HUMAN SERVICES 20892–4874, 301–594–2773, laffanjo@ individuals associated with the grant mail.nih.gov. applications and/or contract proposals, National Institutes of Health Name of Committee: National Institute of the disclosure of which would General Medical Sciences Initial Review constitute a clearly unwarranted National Institute of Neurological Group; Training and Workforce Development invasion of personal privacy. Disorders and Stroke; Notice of Closed Subcommittee—D. Meetings Date: June 26–27, 2014. Name of Committee: National Time: 8:00 a.m. to 5:00 p.m. Advisory Council on Minority Health Pursuant to section 10(d) of the Agenda: To review and evaluate grant and Health Disparities. Federal Advisory Committee Act, as applications. Date: June 10, 2014. Place: DoubleTree by Hilton Bethesda, Open: 8:30 a.m. to 12:30 p.m. amended (5 U.S.C. App.), notice is 8120 Wisconsin Avenue, Bethesda, MD Agenda: The agenda will include hereby given of the following meetings. 20814. opening remarks, administrative The meetings will be closed to the Contact Person: Rebecca H. Johnson, Ph.D., matters, Director’s Report, NIH Health public in accordance with the Scientific Review Officer, Office of Scientific Disparities update, and other business provisions set forth in sections Review, National Institute of General Medical of the Council. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Sciences, National Institutes of Health, 45 as amended. The grant applications and Center Drive, Room 3An.18C, Bethesda, MD Place: National Institutes of Health, 20892–4874, 301–594–2771, johnsonrh@ National Institute on Minority Health the discussions could disclose nigms.nih.gov. and Health Disparities, 6707 Democracy confidential trade secrets or commercial (Catalogue of Federal Domestic Assistance Blvd., Rm. 849, Bethesda, MD 20892. property such as patentable materials, Program Nos. 93.375, Minority Biomedical Closed: 01:30 p.m. to Adjournment. and personal information concerning Research Support; 93.821, Cell Biology and Agenda: To review and evaluate grant individuals associated with the grant Biophysics Research; 93.859, Pharmacology, applications. applications, the disclosure of which

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would constitute a clearly unwarranted Neurosciences, National Institutes of Health, Time: 9:00 a.m. to 6:30 p.m. invasion of personal privacy. HHS). Agenda: To review and evaluate grant Dated: May 14, 2014. applications. Name of Committee: National Institute of Place: National Institutes of Health, 6701 Neurological Disorders and Stroke Special Carolyn Baum, Rockledge Drive, Bethesda, MD 20892, Emphasis Panel; Clinical Trials SEP. Program Analyst, Office of Federal Advisory (Virtual Meeting). Date: June 19–20, 2014. Committee Policy. Contact Person: Valerie Durrant, Ph.D., Time: 8:00 a.m. to 12:00 p.m. [FR Doc. 2014–11595 Filed 5–19–14; 8:45 am] Scientific Review Officer, Center for Agenda: To review and evaluate grant BILLING CODE 4140–01–P Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 3148, Place: Hotel Palomar, 2121 P Street NW., MSC 7770, Bethesda, MD 20892, (301) 827– Washington, DC 20037. 6390, [email protected]. Contact Person: Shanta Rajaram, Ph.D., DEPARTMENT OF HEALTH AND Scientific Review Officer, Scientific Review HUMAN SERVICES Name of Committee: Center for Scientific Branch, Division of Extramural Research, Review Special Emphasis Panel; Small NINDS/NIH/DHHS/Neuroscience Center, National Institutes of Health Business: Basic and Integrative 6001 Executive Blvd., Suite 3208, MSC 9529, Bioengineering. Bethesda, MD 20892, 301–435–6033, Center for Scientific Review; Notice of Date: June 18, 2014. [email protected]. Closed Meetings Time: 9:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Name of Committee: National Institute of applications. Neurological Disorders and Stroke Special Pursuant to section 10(d) of the Federal Advisory Committee Act, as Place: National Institutes of Health, 6701 Emphasis Panel; Diversity Develop R25. Rockledge Drive, Bethesda, MD 20892. Date: June 20, 2014. amended (5 U.S.C. App.), notice is Contact Person: Paul Sammak, Ph.D., Time: 11:00 a.m. to 2:30 p.m. hereby given of the following meetings. Scientific Review Officer, Center For Agenda: To review and evaluate grant The meetings will be closed to the Scientific Review, National Institutes of applications. public in accordance with the Health, 6701 Rockledge Drive, Room 6185, Place: National Institutes of Health, provisions set forth in sections, MSC 7892, Bethesda, MD 20892, 301–435– Neuroscience Center, 6001 Executive 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 0601, [email protected]. Boulevard, Rockville, MD 20852, (Telephone as amended. The grant applications and Conference Call). Name of Committee: Center for Scientific Contact Person: JoAnn McConnell, Ph.D., the discussions could disclose Review Special Emphasis Panel; Clinical and Scientific Review Officer, Scientific Review confidential trade secrets or commercial Translational Imaging Applications. Branch, Division of Extramural Research, property such as patentable material, Date: June 18, 2014. NINDS, NIH, NSC, 6001 Executive Blvd., and personal information concerning Time: 10:00 a.m. to 5:00 p.m. Suite 3208, MSC 9529, Bethesda, MD 20892– individuals associated with the grant Agenda: To review and evaluate grant 9529, 301–496–5324, mcconnej@ applications, the disclosure of which applications. ninds.nih.gov. Place: National Institutes of Health, 6701 would constitute a clearly unwarranted Rockledge Drive, Bethesda, MD 20892. Name of Committee: National Institute of invasion of personal privacy. Neurological Disorders and Stroke Initial Contact Person: Eileen W Bradley, DSC, Review Group; Neurological Sciences and Name of Committee: Infectious Diseases Chief, SBIB IRG, Center for Scientific Review, Disorders C. and Microbiology Integrated Review Group; National Institutes of Health, 6701 Rockledge Date: June 23–24, 2014. Virology—B Study Section. Drive, Room 5100, MSC 7854, Bethesda, MD Time: 8:30 a.m. to 11:00 a.m. Date: June 12–13, 2014. 20892, (301) 435–1179, [email protected]. Agenda: To review and evaluate grant Time: 8:30 a.m. to 5:00 p.m. Name of Committee: Oncology 1-Basic applications. Agenda: To review and evaluate grant Translational Integrated Review Group; Place: Embassy Suites DC Convention applications. Tumor Progression and Metastasis Study Center, 900 10th Street NW., Washington, DC Place: Courtyard Long Beach Downtown, Section 20001. 500 East First St., Long Beach, CA 90802. Date: June 19–20, 2014. Contact Person: William C Benzing, Ph.D., Contact Person: John C Pugh, Ph.D., Time: 8:00 a.m. to 12:00 p.m. Scientific Review Officer, Scientific Review Scientific Review Officer, Center for Agenda: To review and evaluate grant Branch, Division of Extramural Research, Scientific Review, National Institutes of applications. NINDS, NIH, NSC, 6001 Executive Blvd., Health, 6701 Rockledge Drive, Room 1206, Place: Hotel Nikko San Francisco, 222 Suite 3208, MSC 9529, Bethesda, MD 20892– MSC 7808, Bethesda, MD 20892, (301) 435– Mason Street, San Francisco, CA 94102. 9529, 301–496–0660, Benzingw@ 2398, [email protected]. Contact Person: Rolf Jakobi, Ph.D., mail.nih.gov. Name of Committee: Center for Scientific Scientific Review Officer, Center for Name of Committee: National Institute of Review Special Emphasis Panel; Member Scientific Review, National Institutes of Neurological Disorders and Stroke Special Conflict: pulmonary fibrosis, lung injury, and Health, 6701 Rockledge Drive, Room 6187, Emphasis Panel; Member Conflict Review. lung development. MSC 7806, Bethesda, MD 20892, 301–495– Date: June 24, 2014. Date: June 18–19, 2014. 1718, [email protected]. Time: 12:00 p.m. to 3:00 p.m. Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Molecular, Cellular Agenda: To review and evaluate grant Agenda: To review and evaluate grant and Developmental Neuroscience Integrated applications. applications. Review Group; Drug Discovery for the Place: Embassy Suites DC Convention Place: National Institutes of Health, 6701 Nervous System Study Section. Center, 900 10th Street NW., Washington, DC Rockledge Drive, Bethesda, MD 20892, Date: June 19–20, 2014. 20001. (Virtual Meeting). Time: 8:00 a.m. to 10:00 a.m. Contact Person: William C Benzing, Ph.D., Contact Person: Bradley Nuss, Ph.D., Agenda: To review and evaluate grant Scientific Review Officer, Scientific Review Scientific Review Officer, Center for applications. Branch, Division of Extramural Research, Scientific Review, National Institutes of Place: Embassy Suites DC Convention NINDS, NIH, NSC, 6001 Executive Blvd., Health, 6701 Rockledge Drive, Room 4142, Center, 900 10th NW., Washington, DC Suite 3208, MSC 9529, Bethesda, MD 20892– MSC7814, Bethesda, MD 20892, 301–451– 20001. 9529, 301–496–0660, Benzingw@ 8754, [email protected]. Contact Person: Mary Custer, Ph.D., mail.nih.gov. Name of Committee: Population Sciences Scientific Review Officer, Center for (Catalogue of Federal Domestic Assistance and Epidemiology Integrated Review Group; Scientific Review, National Institutes of Program Nos. 93.853, Clinical Research Social Sciences and Population Studies B Health, 6701 Rockledge Drive, Room 4148, Related to Neurological Disorders; 93.854, Study Section. MSC 7850, Bethesda, MD 20892, (301) 435– Biological Basis Research in the Date: June 18, 2014. 1164, [email protected].

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Name of Committee: Molecular, Cellular Scientific Review, National Institutes of Place: Warwick Seattle Hotel, 401 Lenora and Developmental Neuroscience Integrated Health, 6701 Rockledge Drive, Room 4118A, Street, Seattle, WA 98121. Review Group; Synapses, Cytoskeleton and MSC 7814, Bethesda, MD 20892, 301–435– Contact Person: Wallace Ip, Ph.D., Trafficking Study Section. 5575, [email protected]. Scientific Review Officer, Center for Date: June 19, 2014. Name of Committee: Center for Scientific Scientific Review, National Institutes of Time: 8:00 a.m. to 6:00 p.m. Review Special Emphasis Panel; Health, 6701 Rockledge Drive, Room 5128, Agenda: To review and evaluate grant Fellowships: Sensory and Motor MSC 7840, Bethesda, MD 20892, 301–435– applications. Neurosciences, Cognition and Perception. 1191, [email protected]. Place: Beacon Hotel and Corporate Date: June 19–20, 2014. Name of Committee: Cell Biology Quarters, 1615 Rhode Island Avenue NW., Time: 8:00 a.m. to 5:00 p.m. Integrated Review Group; Biology of the Washington, DC 20036. Agenda: To review and evaluate grant Visual System Study Section. Contact Person: Christine A Piggee, Ph.D., applications. Date: June 19–20, 2014. Scientific Review Officer, Center for Place: The Dupont Circle Hotel, 1500 New Time: 8:00 a.m. to 5:30 p.m. Scientific Review, National Institutes of Hampshire Ave NW., Washington, DC 20036. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Bethesda, MD Contact Person: Sharon S Low, Ph.D., applications. 20892. Scientific Review Officer, Center for Place: Hotel Kabuki, 1625 Post Street, San Name of Committee: Immunology Scientific Review, National Institutes of Francisco, CA 94115. Integrated Review Group; Innate Immunity Health, 6701 Rockledge Drive, Room 5104, Contact Person: Michael H Chaitin, Ph.D., and Inflammation Study Section. MSC 5104, Bethesda, MD 20892–5104, 301– Scientific Review Officer, Center for Date: June 19–20, 2014. 237–1487, [email protected]. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5202, Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Digestive, Kidney and Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, (301) 435– Urological Systems Integrated Review Group; 0910, [email protected]. applications. Gastrointestinal Mucosal Pathobiology Study Place: Wyndham Grand Chicago Riverfront Section. Name of Committee: Center for Scientific Hotel, 71 E Wacker Drive, Chicago, IL 60601. Date: June 19–20, 2014. Review Special Emphasis Panel; Small Contact Person: Tina McIntyre, Ph.D., Time: 8:00 a.m. to 1:00 p.m. Business: Medical Imaging. Date: June 19–20, 2014. Scientific Review Officer, Center for Agenda: To review and evaluate grant Time: 8:00 a.m. to 5:00 p.m. Scientific Review, National Institutes of applications. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4202, Place: Avenue Hotel Chicago, 160 E. Huron applications. MSC 7812, Bethesda, MD 20892, 301–594– Street, Chicago, IL 60611. 6375, [email protected]. Place: Hilton Washington/Rockville, 1750 Contact Person: Jonathan K Ivins, Ph.D., Rockville Pike, Rockville, MD 20852. Name of Committee: Biobehavioral and Scientific Review Officer, Center for Contact Person: Leonid V Tsap, Ph.D., Behavioral Processes Integrated Review Scientific Review, National Institutes of Scientific Review Officer, Center for Group; Biobehavioral Mechanisms of Health, 6701 Rockledge Drive, Room 4040A, Scientific Review, National Institutes of Emotion, Stress and Health Study Section. MSC 7806, Bethesda, MD 20892, (301) 594– Health, 6701 Rockledge Drive, Room 5128, Date: June 19–20, 2014. 1245, [email protected]. MSC 7854, Bethesda, MD 20892, (301) 435– Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Oncology 2— 2507, [email protected]. Agenda: To review and evaluate grant Translational Clinical Integrated Review Name of Committee: Immunology applications. Group; Developmental Therapeutics Study Integrated Review Group; Vaccines Against Section. Place: Washington Marriott, 1221 22nd Microbial Diseases Study Section. Street NW., Washington, DC 20037. Date: June 19–20, 2014. Date: June 19–20, 2014. Contact Person: Maribeth Champoux, Time: 8:00 a.m. to 6:00 p.m. Time: 8:30 a.m. to 5:00 p.m. Ph.D., Scientific Review Officer, Center for Agenda: To review and evaluate grant Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. applications. Health, 6701 Rockledge Drive, Room 3170, Place: Hilton Long Beach and Executive Place: Renaissance, Washington, DC Hotel, MSC 7848, Bethesda, MD 20892, (301) 594– Center, 701 West Ocean Boulevard, Long 999 Ninth Street NW., Washington, DC 3163, [email protected]. Beach, CA 90831. 20001–4427. Name of Committee: Endocrinology, Contact Person: Sharon K Gubanich, Ph.D., Contact Person: Jian Wang, MD, Ph.D., Metabolism, Nutrition and Reproductive Scientific Review Officer, Center for Scientific Review Officer, Center for Sciences Integrated Review Group; Molecular Scientific Review, National Institutes of Scientific Review, National Institutes of and Cellular Endocrinology Study Section. Health, 6701 Rockledge Drive, Room 6214, Health, 6701 Rockledge Drive, Room 4218, Date: June 19, 2014. MSC 7804, Bethesda, MD 20892, (301) 408– MSC 7812, Bethesda, MD 20892, (301) 435– Time: 8:00 a.m. to 6:00 p.m. 9512, [email protected]. 2778, [email protected]. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Name of Committee: Population Sciences applications. Review Special Emphasis Panel; Small and Epidemiology Integrated Review Group; Place: Avenue Crowne Plaza Chicago, 160 Business: Sensory Technologies. Neurological, Aging and Musculoskeletal E. Huron Street, Chicago, IL 60611. Date: June 19–20, 2014. Epidemiology Study Section. Contact Person: John Bleasdale, Ph.D., Time: 8:00 a.m. to 5:00 p.m. Date: June 19, 2014. Scientific Review Officer, Center for Agenda: To review and evaluate grant Time: 8:30 a.m. to 6:00 p.m. Scientific Review, National Institutes of applications. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6170 Place: Washington Marriott Metro Center, applications. MSC 7892, Bethesda, MD 20892, 301–435– 775 12th Street NW., Washington, DC 20005. Place: Melrose Hotel, 2430 Pennsylvania 4514, [email protected]. Contact Person: Paek-Gyu Lee, Ph.D., Ave. NW., Washington, DC 20037. Name of Committee: Cardiovascular and Scientific Review Officer, Center for Contact Person: Heidi B Friedman, Ph.D., Respiratory Sciences Integrated Review Scientific Review, National Institutes of Scientific Review Officer, Center for Group; Myocardial Ischemia and Metabolism Health, 6701 Rockledge Drive, Room 4201, Scientific Review, National Institutes of Study Section. MSC 7812, Bethesda, MD 20892, (301) 613– Health, 6701 Rockledge Drive, Room 1012A, Date: June 19, 2014. 2064, [email protected]. MSC 7770, Bethesda, MD 20892, 301–435– Time: 8:00 a.m. to 6:00 p.m. Name of Committee: Cell Biology 1721, [email protected]. Agenda: To review and evaluate grant Integrated Review Group; Intercellular (Catalogue of Federal Domestic Assistance applications. Interactions Study Section. Program Nos. 93.306, Comparative Medicine; Place: The Fairmont Washington, DC, 2401 Date: June 19, 2014. 93.333, Clinical Research, 93.306, 93.333, M Street NW., Washington, DC 20037. Time: 8:00 a.m. to 6:00 p.m. 93.337, 93.393–93.396, 93.837–93.844, Contact Person: Kimm Hamann, Ph.D., Agenda: To review and evaluate grant 93.846–93.878, 93.892, 93.893, National Scientific Review Officer, Center for applications. Institutes of Health, HHS).

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Dated: May 14, 2014. DEPARTMENT OF HEALTH AND are homeless or at risk of homelessness, David Clary, HUMAN SERVICES and who have serious mental illnesses. Program Analyst, Office of Federal Advisory During the SOAR training, the Committee Policy. Substance Abuse and Mental Health Services Administration importance of keeping track of SSI/SSDI [FR Doc. 2014–11589 Filed 5–19–14; 8:45 am] applications through the process is BILLING CODE 4140–01–P Agency Information Collection stressed. In response to requests from Activities: Proposed Collection; states implementing SOAR, the DEPARTMENT OF HEALTH AND Comment Request Technical Assistance Center under HUMAN SERVICES SAMHSA’s direction developed a web- In compliance with Section based data form that case managers can 3506(c)(2)(A) of the Paperwork National Institutes of Health use to track the progress of submitted Reduction Act of 1995 concerning applications, including decisions opportunity for public comment on National Institute on Aging; Notice of received from SSA either on initial Closed Meeting proposed collections of information, the Substance Abuse and Mental Health application or on appeal. This Pursuant to section 10(d) of the Services Administration (SAMHSA) password-protected web-based data Federal Advisory Committee Act, as will publish periodic summaries of form is housed on the SOAR Web site amended (5 U.S.C. App.), notice is proposed projects. To request more (https://soartrack.prainc.com). Use of hereby given of the following meeting. information on the proposed projects or this form is completely voluntary. The meeting will be closed to the to obtain a copy of the information In addition, data from the web-based public in accordance with the collection plans, call the SAMHSA form can be compiled into reports on provisions set forth in sections Reports Clearance Officer on (240) 276– decision results and the use of SOAR 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 1243. core components, such as the SSA–1696 as amended. The grant applications and Comments are invited on: (a) Whether the discussions could disclose Appointment of Representative, which the proposed collections of information allows SSA to communicate directly confidential trade secrets or commercial are necessary for the proper property such as patentable material, with the case manager assisting with the performance of the functions of the application. These reports will be and personal information concerning agency, including whether the reviewed by agency directors, SOAR individuals associated with the grant information shall have practical utility; state-level leads, and the national SOAR applications, the disclosure of which (b) the accuracy of the agency’s estimate would constitute a clearly unwarranted of the burden of the proposed collection Technical Assistance Center and SOAR invasion of personal privacy. of information; (c) ways to enhance the national evaluation team to quantify the Name of Committee: National Institute on quality, utility, and clarity of the success of the effort overall and to Aging Special Emphasis Panel; Africa DNA information to be collected; and (d) identify areas where additional Date: June 3, 2014. ways to minimize the burden of the technical assistance is needed. Time: 7:00 p.m. to 7:30 p.m. collection of information on The changes to this form are an added Agenda: To review and evaluate grant applications. respondents, including through the use question about the reason for denial, if Place: National Institute on Aging, of automated collection techniques or received and an added ten optional Gateway Building, Suite 2C212, 7201 other forms of information technology. questions about Medicaid and Medicare Wisconsin Avenue, Bethesda, MD 20892. Proposed Project: SAMHSA SOAR reimbursement amounts, back payments Contact Person: Rebecca J. Ferrell, Ph.D., and applicants’ work involvement and Scientific Review Officer, National Institute Web-Based Data Form (OMB No. 0930– on Aging, Gateway Building Rm. 2C212, 7201 0329)—Revision earnings. These data provide important tools in local and state sustainability Wisconsin Avenue, Bethesda, MD 20892, In 2009 the Substance Abuse and 301–402–7703, [email protected]. Mental Health Services Administration efforts of SOAR. If caseworkers do not (Catalogue of Federal Domestic Assistance (SAMHSA) of the U.S. Department of have this information, they can simply Program Nos. 93.866, Aging Research, Health and Human Services created a leave the items blank. National Institutes of Health, HHS). Technical Assistance Center to assist in The estimated response burden is as Dated: May 15, 2014. the implementation of the SSI/SSDI follows: Melanie J. Gray, Outreach Access and Recovery (SOAR) Program Analyst, Office of Federal Advisory effort in all states. SOAR’s primary Committee Policy. objective is to improve the allowance [FR Doc. 2014–11590 Filed 5–19–14; 8:45 am] rate for Social Security Administration BILLING CODE 4140–01–P (SSA) disability benefits for people who

Responses Information source Number of per Total Hours per Total respondents respondent responses response hours

SOAR Data Form ...... 700 3 2100 .25 525

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Send comments to Summer King, Registration/meetingsRegistration.aspx ACTION: 60-Day Notice and request for SAMHSA Reports Clearance Officer, or contact the CSAP DTAB Designated comments; extension of an existing Room 2–1057, One Choke Cherry Road, Federal Official, Dr. Janine Denis Cook collection of information. Rockville, MD 20857 OR email her a (see contact information below). copy at [email protected]. On June 11, 2014, from 12:00 p.m. to SUMMARY: U.S. Customs and Border Written comments should be received 2:00 p.m., the Board will meet in closed Protection (CBP) of the Department of by July 21, 2014. session to discuss proposed revisions to Homeland Security will be submitting the following information collection Summer King, the Mandatory Guidelines for Federal Workplace Drug Testing Programs. request to the Office of Management and Statistician. Therefore, this meeting is closed to the Budget (OMB) for review and approval [FR Doc. 2014–11585 Filed 5–19–14; 8:45 am] public as determined by the in accordance with the Paperwork BILLING CODE 4162–20–P Administrator, SAMHSA, in accordance Reduction Act: Generic Clearance for with 5 U.S.C. 552b(c)(9)(B) and 5 U.S.C. the Collection of Qualitative Feedback App. 2, Section 10(d). on Agency Service Delivery. CBP is DEPARTMENT OF HEALTH AND proposing that this information HUMAN SERVICES Meeting information and a roster of DTAB members may be obtained by collection be extended with no change accessing the SAMHSA Advisory to the burden hours. This document is Substance Abuse and Mental Health published to obtain comments from the Services Administration Committees Web site, http:// www.nac.samhsa.gov/DTAB/ public and affected agencies. Center for Substance Abuse meetings.aspx, or by contacting Dr. DATES: Written comments should be Prevention; Notice of Meeting Cook. received on or before July 21, 2014 to be Committee Name: Substance Abuse assured of consideration. Pursuant to Public Law 92–463, and Mental Health Services ADDRESSES: Direct all written comments notice is hereby given that the Administration’s Center for Substance to U.S. Customs and Border Protection, Substance Abuse and Mental Health Abuse Prevention Drug Testing Attn: Tracey Denning, Regulations and Services Administration’s (SAMHSA) Advisory Board. Rulings, Office of International Trade, Center for Substance Abuse Prevention Dates/Time/Type: 90 K Street NE., 10th Floor, Washington, (CSAP) Drug Testing Advisory Board DC 20229–1177. (DTAB) will meet on June 10, 2014, June 10, 2014, from 10:00 a.m. to 4:30 FOR FURTHER INFORMATION CONTACT: from 10:00 a.m. to 4:30 p.m., and June p.m. E.D.T.: OPEN 11, 2014, from 10:00 a.m. to 2:00 p.m. June 11, 2014, from 10:00 a.m. to 12:00 Requests for additional information E.D.T. via Web conference. The DTAB p.m. E.D.T.: OPEN should be directed to Tracey Denning, will convene in both open and closed June 11, 2014, from 12:00 p.m. to 2:00 U.S. Customs and Border Protection, sessions on these two days. p.m. E.D.T.: CLOSED Regulations and Rulings, Office of On June 10, 2014, from 10:00 a.m. to Place: SAMHSA Building, 1 Choke International Trade, 90 K Street NE., 4:30 p.m., and June 11, 2014, from 10:00 Cherry Road, Rockville, Maryland 10th Floor, Washington, DC 20229– a.m. to 12:00 p.m., the meeting will be 20850. 1177, at 202–325–0265. open to the public. The June 10th Contact: Janine Denis Cook, Ph.D., SUPPLEMENTARY INFORMATION: CBP meeting will include updates on the Designated Federal Official, CSAP Drug invites the general public and other previously announced DTAB Testing Advisory Board, 1 Choke Cherry Federal agencies to comment on recommendations, the medical review Road, Room 7–1043, Rockville, proposed and/or continuing information officer resources, the custody and Maryland 20857, Telephone: 240–276– collections pursuant to the Paperwork control form, the Federal Drug-Free 2600, Fax: 240–276–2610, Email: Reduction Act of 1995 (Pub. L. 104–13; Workplace Programs, the National [email protected]. 44 U.S.C. 3507). The comments should Laboratory Certification Program, and address: (a) Whether the collection of the Division of Workplace Programs- Janine Denis Cook, information is necessary for the proper sponsored research studies. The meeting Designated Federal Official, DTAB, Division performance of the functions of the also will include drug testing updates of Workplace Programs, Center for Substance agency, including whether the Abuse Prevention, Substance Abuse and information shall have practical utility; from the Department of Transportation, Mental Health Services Administration. the Department of Defense, the Nuclear (b) the accuracy of the agency’s Regulatory Commission, the Federal [FR Doc. 2014–11629 Filed 5–19–14; 8:45 am] estimates of the burden of the collection Drug-Free Workplace Programs, and the BILLING CODE 4162–20–P of information; (c) ways to enhance the Drug Testing Index®. The June 11th quality, utility, and clarity of the open session will include questions on information to be collected; (d) ways to the science of hair testing as it relates to minimize the burden including the use DEPARTMENT OF HOMELAND hair contamination. of automated collection techniques or SECURITY The public is invited to attend the the use of other forms of information open session via Web conference. Due U.S. Customs and Border Protection technology; and (e) the annual costs to the limited call-in capacity, burden to respondents or record keepers registration is requested. Public from the collection of information (a comments are welcome. To register, [1651–0136] total capital/startup costs and make arrangements to attend, obtain the Agency Information Collection operations and maintenance costs). The web conference call-in numbers and Activities: Generic Clearance for the comments that are submitted will be access codes, submit written or brief Collection of Qualitative Feedback on summarized and included in the CBP oral comments, or request special Agency Service Delivery request for OMB approval. All accommodations for persons with comments will become a matter of disabilities, please register at the AGENCY: U.S. Customs and Border public record. In this document, CBP is SAMHSA Advisory Committees Web Protection, Department of Homeland soliciting comments concerning the site at http://nac.samhsa.gov/ Security. following information collection:

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Title: Generic Clearance for the Estimated Number of Respondents: Information Resource Center at 1–800– Collection of Qualitative Feedback on 60,000. 955–2232. For Indian Housing Agency Service Delivery. Annual Frequency of Response: 1. Programs: Rodger Boyd, Deputy OMB Number: 1651–0136. Estimated Time per Response: 13 Assistant Secretary, Office of Native Abstract: The information collection minutes. American Programs, Office of Public activity will garner qualitative customer Estimated Total Annual Burden and Indian Housing, Department of and stakeholder feedback in an efficient, Hours: 13,000 hours. Housing and Urban Development, 451 timely manner, in accordance with the Dated: May 14, 2014. 7th Street SW., Room 4126, Washington, Administration’s commitment to Tracey Denning, DC 20410, telephone number 202–401– improving service delivery. By Agency Clearance Officer, U.S. Customs and 7914. With the exception of the qualitative feedback we mean Border Protection. telephone number for the PIH information that provides useful [FR Doc. 2014–11572 Filed 5–19–14; 8:45 am] Information Resource Center, these are insights on perceptions and opinions, BILLING CODE 9111–14–P not toll-free numbers. Persons with but are not statistical surveys that yield hearing or speech impairments may quantitative results that can be access these numbers via TTY by calling generalized to the population of study. DEPARTMENT OF HOUSING AND the Federal Relay Service at 1–800–877– This feedback will provide insights into URBAN DEVELOPMENT 8339 or by visiting http:// customer or stakeholder perceptions, federalrelay.us/ or http:// experiences and expectations, provide [Docket No. FR–5741–N–01] www.federalip.us/. an early warning of issues with service, Please note: Members of the public or focus attention on areas where Federally Mandated Exclusions From who are aware of other federal statutes communication, training or changes in Income—Updated Listing that require any benefit not listed in this operations might improve delivery of AGENCY: Office of the Assistant notice to be excluded from products or services. These collections Secretary for Public and Indian consideration as income in these will allow for ongoing, collaborative and Housing, and Office of the Assistant programs should submit information actionable communications between the Secretary for Housing—Federal Housing about the statute and the benefit Agency and its customers and Commissioner, HUD. program to one of the persons listed in stakeholders. It will also allow feedback ACTION: Notice. the ‘‘FOR FURTHER INFORMATION to contribute directly to the CONTACT’’ section above. Members of the improvement of program management. SUMMARY: HUD’s regulations provide for public may also submit this information Feedback collected under this generic HUD to periodically publish in the to the Regulations Division, Office of clearance will provide useful Federal Register a notice that lists General Counsel, Department of information, but it will not yield data amounts specifically excluded by any Housing and Urban Development, 451 that can be generalized to the overall Federal statute from consideration as 7th Street SW., Room 10276, population. This type of generic income for purposes of determining Washington, DC 20410–0500. clearance for qualitative information eligibility or benefits in a HUD program. SUPPLEMENTARY INFORMATION: Under will not be used for quantitative HUD last published a notice that listed several HUD programs (Rent information collections that are Federally mandated exclusions from Supplement under 24 CFR 200.1303 designed to yield reliably actionable consideration of income on December (although loans in existence results, such as monitoring trends over 14, 2012. This notice replaces the immediately before May 1, 1996, time or documenting program previously published version adds a continue to be governed by 24 CFR part performance. Such data uses require new exclusion, includes an inadvertent 215 (1995 ed.)); Mortgage Insurance and more rigorous designs that address: the omission, and corrects two previously Interest Reduction Payment for Rental target population to which listed exclusions. Projects under 24 CFR part 236; section generalizations will be made, the FOR FURTHER INFORMATION CONTACT: For 8 Housing Assistance programs; Public sampling frame, the sample design the Rent Supplement, section 236, and Housing programs), the definition of (including stratification and clustering), Project-based section 8 programs income excludes amounts of other the precision requirements or power administered under 24 CFR parts 880, benefits specifically excluded by federal calculations that justify the proposed 881, and 883 through 886: Yvette law. sample size, the expected response rate, Viviani, Director, Housing Assistance methods for assessing potential non- Policy Division, Office of Housing Background response bias, the protocols for data Assistance and Grant Administration, In certain HUD-subsidized housing collection, and any testing procedures Department of Housing and Urban programs, annual income is a factor in that were or will be undertaken prior Development, 451 7th Street SW., Room determining eligibility and the level of fielding the study. Depending on the 6138, Washington, DC 20410, telephone benefits. Annual income is broadly degree of influence the results are likely number 202–708–3000. For other defined as the anticipated total income to have, such collections may still be section 8 programs administered under from all sources received by every eligible for submission for other generic 24 CFR part 882 (Moderate family member. Federal statutes that mechanisms that are designed to yield Rehabilitation) and under part 982 require certain income sources be quantitative results. (Housing Choice Voucher), and the disregarded as income are universally Current Actions: This submission is Public Housing Programs: Shauna applicable to all HUD programs where being made to extend the expiration Sorrells, Director, Office of Public income is a factor in determining date with no change to the burden Housing Programs, Office of Public and eligibility and benefits. Other Federal hours. Indian Housing, Department of Housing statutes specify that income exclusions Type of Review: Extension (without and Urban Development, 451 7th Street are specific to certain HUD programs. change). SW., Room 4206, Washington, DC As directed by various statutes, HUD Affected Public: Individuals and 20410, telephone number 202–402– excludes from consideration of income businesses. 2769, or the Public and Indian Housing certain types of benefits from

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applicants’ and participants’ annual Human Services’ Low-Income Home 236 of the National Housing Act (26 income, as listed in 24 CFR 5.609, this Energy Assistance Program (42 U.S.C. U.S.C. 32(l)); notice, or otherwise specified by statute. 8624(f)); (xiv) Payments by the Indian Claims (vi) Income derived from the Commission to the Confederated Tribes Changes to the Previously Published disposition of funds to the Grand River and Bands of Yakima Indian Nation or List Band of Ottawa Indians (Pub. L. 94–540, the Apache Tribe of Mescalero HUD last published in the Federal section 6); Reservation (Pub. L. 95–433); Register a notice of Federally mandated (vii) The first $2000 of per capita (xv) Allowances, earnings and exclusions from income on December shares received from judgment funds payments to AmeriCorps participants 14, 2012, at 77 FR 74496. Today’s notice awarded by the National Indian Gaming under the National and Community replaces the previously published Commission or the U.S. Claims Court, Service Act of 1990 (42 U.S.C. version by adding a new exclusion, the interests of individual Indians in 12637(d)); including an inadvertent omission, and trust or restricted lands, and the first (xvi) Any allowance paid under the correcting two previously listed $2000 per year of income received by provisions of 38 U.S.C. 1833(c) to exclusions: individual Indians from funds derived children of Vietnam veterans born with (1) Adds exclusion of any amounts in from interests held in such trust or spina bifida (38 U.S.C. 1802–05), an ‘‘individual development account’’ restricted lands (25 U.S.C. 1407–1408). children of women Vietnam veterans as provided by the Assets for This exclusion does not include born with certain birth defects (38 Independence Act, as amended in 2002 proceeds of gaming operations regulated U.S.C. 1811–16), and children of certain (Pub. L. 107–110, 42 U.S.C. 604(h)(4)), by the Commission; Korean service veterans born with spina listed as exclusion (xxiv); (viii) Amounts of scholarships funded bifida (38 U.S.C. 1821). (2) Includes previously omitted under title IV of the Higher Education (xvii) Any amount of crime victim exclusion of any allowance paid under Act of 1965 (20 U.S.C. 1070), including compensation (under the Victims of the provisions of 38 U.S.C. 1833(c) to awards under federal work-study Crime Act) received through crime children of Vietnam veterans born with programs or under the Bureau of Indian victim assistance (or payment or spina bifida (38 U.S.C. 1802–05), Affairs student assistance programs (20 reimbursement of the cost of such children of women Vietnam veterans U.S.C. 1087uu). For section 8 programs assistance) as determined under the born with certain birth defects (38 only (42 U.S.C. 1437f), any financial Victims of Crime Act because of the U.S.C. 1811–16), and children of certain assistance in excess of amounts received commission of a crime against the Korean service veterans born with spina by an individual for tuition and any applicant under the Victims of Crime bifida (38 U.S.C. 1821)), listed as other required fees and charges under Act (42 U.S.C. 10602(c)); exclusion (xvi); the Higher Education Act of 1965 (20 (xviii) Allowances, earnings, and (3) Clarifies the criteria for Section 8 U.S.C. 1001 et seq.), from private payments to individuals participating in participants for exclusion (viii); and sources, or an institution of higher programs under the Workforce (4) Corrects the timeline of exclusion education (as defined under the Higher Investment Act of 1998 (29 U.S.C. (xxiii) for settlements payments Education Act of 1965 (20 U.S.C. 1002)), 2931(a)(2)); pursuant to the case entitled Elouise shall not be considered income to that (xix) Any amount received under the Cobell et al. v. Ken Salazar et al. individual if the individual is over the Richard B. Russell School Lunch Act age of 23 with dependent children (Pub. (42 U.S.C. 1760(e)) and the Child Updated List of Federally Mandated L. 109–115, section 327) (as amended); Nutrition Act of 1966 (42 U.S.C. Exclusions From Income (ix) Payments received from programs 1780(b)), including reduced-price The following updated list of funded under title V of the Older lunches and food under the Special federally mandated exclusions Americans Act of 1965 (42 U.S.C. Supplemental Food Program for supersedes the notice published in the 3056g); Women, Infants, and Children (WIC); Federal Register on December 14, 2012. (x) Payments received on or after (xx) Payments, funds, or distributions The following list of program benefits is January 1, 1989, from the Agent Orange authorized, established, or directed by the comprehensive list of benefits that Settlement Fund (Pub. L. 101–201) or the Seneca Nation Settlement Act of currently qualify for the income any other fund established pursuant to 1990 (25 U.S.C. 1774f(b)); exclusion in either any Federal program the settlement in In Re Agent Orange (xxi) Payments from any deferred U.S. or in specific Federal programs Liability Litigation, M.D.L. No. 381 Department of Veterans Affairs (exclusions (viii), (xiii), (xxi), and (xxii) (E.D.N.Y.); disability benefits that are received in a have provisions that apply only to (xi) Payments received under the lump sum amount or in prospective specific HUD programs): Maine Indian Claims Settlement Act of monthly amounts (42 U.S.C. (i) The value of the allotment 1980 (Pub. L. 96–420, 25 U.S.C. 1728); § 1437a(b)(4)); provided to an eligible household under (xii) The value of any child care (xxii) Compensation received by or on the Food Stamp Act of 1977 (7 U.S.C. provided or arranged (or any amount behalf of a veteran for service-connected 2017(b)); received as payment for such care or disability, death, dependency, or (ii) Payments to volunteers under the reimbursement for costs incurred for indemnity compensation as provided by Domestic Volunteer Service Act of 1973 such care) under the Child Care and an amendment by the Indian Veterans (42 U.S.C. 5044(f)(1), 5058); Development Block Grant Act of 1990 Housing Opportunity Act of 2010 (Pub. (iii) Certain payments received under (42 U.S.C. 9858q); L. 111–269; 25 U.S.C. 4103(9)) to the the Alaska Native Claims Settlement Act (xiii) Earned income tax credit (EITC) definition of income applicable to (43 U.S.C. 1626(c)); refund payments received on or after programs authorized under the Native (iv) Income derived from certain January 1, 1991, for programs American Housing Assistance and Self- submarginal land of the United States administered under the United States Determination Act (NAHASDA) (25 that is held in trust for certain Indian Housing Act of 1937, title V of the U.S.C. 4101 et seq.) and administered by tribes (25 U.S.C. 459e); Housing Act of 1949, section 101 of the the Office of Native American Programs; (v) Payments or allowances made Housing and Urban Development Act of (xxiii) A lump sum or a periodic under the Department of Health and 1965, and sections 221(d)(3), 235, and payment received by an individual

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Indian pursuant to the Class Action DEPARTMENT OF THE INTERIOR Please provide a copy of your comments Settlement Agreement in the case to the Service Information Collection entitled Elouise Cobell et al. v. Ken Fish and Wildlife Service Clearance Officer, U.S. Fish and Salazar et al., 816 F.Supp.2d 10 (Oct. 5, [FWS–HQ–RF–2014–NXXX; Wildlife Service, MS 2042–PDM, 4401 2011 D.D.C.), for a period of one year FXRS12630900000–145–FF09R81000] North Fairfax Drive, Arlington, VA from the time of receipt of that payment 22203 (mail), or [email protected] as provided in the Claims Resolution Information Collection Request Sent to (email). Please include ‘‘1018–0102’’ in Act of 2010 (Pub. L. 111–291); the Office of Management and Budget the subject line of your comments. (OMB) for Approval; National Wildlife (xxiv) Any amounts in an ‘‘individual FOR FURTHER INFORMATION CONTACT: To Refuge Special Use Permit development account’’ as provided by request additional information about Applications and Reports the Assets for Independence Act, as this ICR, contact Hope Grey at hope_ amended in 2002 (Pub. L. 107–110, 42 AGENCY: Fish and Wildlife Service, [email protected] (email) or 703–358–2482 U.S.C. 604(h)(4)); Interior. (telephone). You may review the ICR (xxv) Per capita payments made from ACTION: Notice; request for comments. online at http://www.reginfo.gov. Follow the proceeds of Indian Tribal Trust the instructions to review Department of Cases as described in PIH Notice 2013– SUMMARY: We (U.S. Fish and Wildlife the Interior collections under review by 30 ‘‘Exclusion from Income of Payments Service) have sent an Information OMB. Collection Request (ICR) to OMB for under Recent Tribal Trust Settlements’’ SUPPLEMENTARY INFORMATION: (25 U.S.C. 117b(a)); and review and approval. We summarize the ICR below and describe the nature of the (xxvi) Major disaster and emergency Information Collection Request collection and the estimated burden and assistance received by individuals and cost. This information collection is OMB Control Number: 1018–0102. families under the Robert T. Stafford scheduled to expire on June 30, 2014. Title: National Wildlife Refuge Disaster Relief and Emergency We may not conduct or sponsor and a Special Use Permit Applications and Assistance Act (Pub. L. 93–288, as person is not required to respond to a Reports, 50 CFR 25, 26, 27, 29, 30, 31, amended) and comparable disaster collection of information unless it 32, and 36. assistance provided by States, local displays a currently valid OMB control governments, and disaster assistance Type of Request: Extension of a number. However, under OMB previously approved collection. organizations (42 U.S.C. 5155(d)). regulations, we may continue to Dated: May 12, 2014. conduct or sponsor this information Service Form Numbers: 3–1383–G, 3– 1383–C, and 3–1383–R. Deborah A. Hernandez, collection while it is pending at OMB. General Deputy Assistant Secretary for Public DATES: You must submit comments on Description of Respondents: and Indian Housing. or before June 19, 2014. Individuals and households; businesses and other for-profit organizations; Laura M. Marin, ADDRESSES: Send your comments and nonprofit organizations; farms; and Associate General Deputy Assistant Secretary suggestions on this information for Housing—Associate Deputy Federal collection to the Desk Officer for the State, local, or tribal governments. Housing Commissioner. Department of the Interior at OMB– Respondent’s Obligation: Required to [FR Doc. 2014–11688 Filed 5–19–14; 8:45 am] OIRA at (202) 395–5806 (fax) or OIRA_ obtain or retain a benefit. BILLING CODE 4210–67–P [email protected] (email). Frequency of Collection: On occasion.

Completion Number of Number of time per Total annual Activity respondents responses response burden hours (in hours)

Form 3–1383–G ...... 13,630 13,630 1⁄2 6,816 Form 3–1383–C ...... 1,212 1,212 4 4,848 Form 3–1383–R ...... 303 303 5 1,515 Activity Reports ...... 606 606 1⁄2 303

Totals ...... 15,751 15,751 ...... 13,482

Estimated Annual Nonhour Burden when we find that the activities are provide for the issuance of permits Cost: $121,200 for fees associated with appropriate and compatible with the under certain circumstances. applications for commercial use purpose for which the refuge was We issue special use permits for a activities. established and the System’s mission. specific period as determined by the Abstract: The National Wildlife The Refuge Recreation Act of 1962 (16 type and location of the management Refuge System Administration Act of U.S.C. 460k–460k–4) (Recreation Act) activity or visitor service provided. allows the use of refuges for public 1966 (16 U.S.C. 668dd–668ee) These permits authorize activities such recreation when it is not inconsistent or (Administration Act), as amended by as: the National Wildlife Refuge System does not interfere with the primary • Improvement Act of 1997, consolidated purpose(s) of the refuge. The Alaska Agricultural activities (haying and all refuge units into a single National National Interest Lands Conservation grazing, 50 CFR 29.1 and 29.2). Wildlife Refuge System (System). It also Act (16 U.S.C. 3101 et seq.) (ANILCA) • Beneficial management tools that authorized us to offer visitor and public provides specific authorization and we use to provide the best habitat programs, including those facilitated by guidance for the administration and possible on some refuges (50 CFR 30.11, commercial visitor and management management of national wildlife refuges 31.14, 31.16, and 36.41). support services, on lands of the System within the State of Alaska. Its provisions

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• Special events, group visits and of the permit and his/her legal rights. information collection, and we did not other one–time events (50 CFR 25.41, Refuge-specific special conditions may make any changes to our requirements. 25.61, 26.36, and 36.41). be required for the permit. We identify Request for Public Comments • Recreational visitor service conditions as an addendum to the operations (50 CFR 25.41, 25.61, and permit. Most of the special conditions We again invite comments concerning 36.41). pertain to how a permitted activity may this information collection on: • • Guiding for fishing, hunting, be conducted and do not require the Whether or not the collection of wildlife education, and interpretation collection of information. However, information is necessary, including (50 CFR 25.41 and 36.41). some special conditions, such as whether or not the information will • Commercial filming (43 CFR 5, 50 have practical utility; activity reports, before and after site • CFR 27.71) and other commercial photographs, or data sharing, would The accuracy of our estimate of the activities (50 CFR 29.1 and 36.41). qualify as an information collection, and burden for this collection of • information; Building and using cabins to we have included the associated burden • support subsistence or commercial in the table above. Ways to enhance the quality, utility, activities (in Alaska) (50 CFR 26.35 and and clarity of the information to be 36.41). Public Comments and Our Responses collected; and • Ways to minimize the burden of the • Research, inventory and Comments: On November 13, 2013, collection of information on monitoring, and other noncommercial we published in the Federal Register activities (50 CFR 26.36 and 36.41). respondents. (78 FR 68085) a notice of our intent to Comments that you submit in We use three forms to collect request that OMB renew approval for response to this notice are a matter of applicant information: this information collection. In that • public record. Before including your FWS Form 3–1383–G (General notice, we solicited comments for 60 address, phone number, email address, Activities Special Use Application). days, ending on January 13, 2014. We • or other personal identifying FWS Form 3–1383–C (Commercial received two comments on this notice. information in your comment, you Activities Special Use Application). Comment 1: The respondent objected • should be aware that your entire FWS Form 3–1383–R (Research and to the granting of permits for comment, including your personal Monitoring Special Use Application). commercial activities on refuge lands identifying information, may be made The information we collect helps ensure and thought there should be an publicly available at any time. While that: (1) Applicants are aware of the opportunity for public comment. you can ask OMB in your comment to types of information that may be needed Response: The Administration Act withhold your personal identifying for permit issuance; (2) requested authorizes us to permit public information from public review, we activities are appropriate and accommodations, including commercial cannot guarantee that it will be done. compatible with the purpose(s) for visitor services, on lands of the System Dated: May 14, 2014. which the refuge was established and when we find that these activities are the System’s mission; and (3) the compatible and appropriate with the Tina A. Campbell, applicant is eligible or is the most purpose for which the refuge was Chief, Division of Policy and Directives qualified applicant to receive the special established. The respondent did not Management, U.S. Fish and Wildlife Service. use permit. address the information collection, and [FR Doc. 2014–11582 Filed 5–19–14; 8:45 am] We may collect the necessary we did not make any changes to our BILLING CODE 4310–55–P information in a nonform format requirements. (through discussions in person or over Comment 2: The inclusion of 50 CFR DEPARTMENT OF THE INTERIOR the phone, over the Internet, by email, 29.2 would appear improper. 50 CFR or by letter). In some instances, 29.2 is in regards to ‘‘Cooperative Fish and Wildlife Service respondents will be able to provide Agreements’’; this is not a permitting information verbally. Often, a simple process, but rather a Grants and [FWS–HQ–IA–2014–N097; email or letter describing the activity Financial Assistance process. The use of FXIA16710900000–145–FF09A30000] permits for Economic Use privileges will suffice. For activities (e.g., Endangered Species; Receipt of would appear appropriate for 50 CFR commercial visitor services, research, Applications for Permit etc.) that might have a large impact on 29.1 wherein it is clear this section is for refuge resources, we may require economic (for profit) use in contrast to AGENCY: Fish and Wildlife Service, applicants to provide more detail on 50 CFR 29.2 where it is clear it is for a Interior. operations, techniques, and locations. nonprofit ‘‘cooperative agreement’’ use. ACTION: Notice of receipt of applications Because of the span of activities covered Response: Permits are used to for permit. by special use permits and the different authorize a use on a refuge as described management needs and resources at in 50 CFR parts 25 and 26, and Service SUMMARY: We, the U.S. Fish and each refuge, respondents may not be policy. Cooperative agreements are also Wildlife Service, invite the public to required to answer all questions. administered consistent with comment on the following applications Depending on the requested activity, appropriate Federal laws, regulations, to conduct certain activities with refuge managers have the discretion to and policy. Most cooperative farming, as endangered species. With some ask for less information than appears on described in 50 CFR 29.2, is managed on exceptions, the Endangered Species Act the forms. However, refuge managers a refuge through a cooperative (ESA) prohibits activities with listed cannot ask for more or different agreement. There may be occasions species unless Federal authorization is information. where it is conducted through a special acquired that allows such activities. We issue permits for a specific period use permit (e.g., until a cooperative DATES: We must receive comments or as determined by the type and location agreement is in place, or where crops requests for documents on or before of the use or service provided. We use are planted to control weeds in a project June 19, 2014. these permits to ensure that the restoring native plant communities). ADDRESSES: Brenda Tapia, Division of applicant is aware of the requirements The respondent did not address the Management Authority, U.S. Fish and

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Wildlife Service, 4401 North Fairfax be made publicly available at any time. Applicant: Antonia Hall, Sarasota, FL; Drive, Room 212, Arlington, VA 22203; While you can ask us in your comment PRT–34806B fax (703) 358–2280; or email DMAFR@ to withhold your personal identifying Applicant: Michael Dubes, Scottsdale, fws.gov. information from public review, we AZ; PRT–35453B FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to Brenda Tapia, (703) 358–2104 do so. Applicant: Phillip White, West (telephone); (703) 358–2280 (fax); Yellowstone, MT; PRT–35981B II. Background [email protected] (email). Brenda Tapia, SUPPLEMENTARY INFORMATION: To help us carry out our conservation Program Analyst/Data Administrator, Branch I. Public Comment Procedures responsibilities for affected species, and of Permits, Division of Management in consideration of section 10(a)(1)(A) of Authority. A. How do I request copies of the Endangered Species Act of 1973, as [FR Doc. 2014–11583 Filed 5–19–14; 8:45 am] applications or comment on submitted amended (16 U.S.C. 1531 et seq.), along BILLING CODE 4310–55–P applications? with Executive Order 13576, Send your request for copies of ‘‘Delivering an Efficient, Effective, and applications or comments and materials Accountable Government,’’ and the DEPARTMENT OF THE INTERIOR concerning any of the applications to President’s Memorandum for the Heads Bureau of Land Management the contact listed under ADDRESSES. of Executive Departments and Agencies Please include the Federal Register of January 21, 2009—Transparency and [LLNVB00000 notice publication date, the PRT- Open Government (74 FR 4685; January L71220000.EU0000.LVTFF1302680.241A; N– 90179; 14–08807; MO#4500060182] number, and the name of the applicant 26, 2009), which call on all Federal in your request or submission. We will agencies to promote openness and not consider requests or comments sent Notice of Realty Action: Proposed transparency in Government by to an email or address not listed under Direct Sale of Public Land for a disclosing information to the public, we ADDRESSES. If you provide an email Cemetery (N–90179) in Nye County, NV invite public comment on these permit address in your request for copies of AGENCY: applications before final action is taken. Bureau of Land Management, applications, we will attempt to respond Interior. to your request electronically. III. Permit Applications ACTION: Notice of realty action. Please make your requests or comments as specific as possible. Please A. Endangered Species SUMMARY: The Bureau of Land confine your comments to issues for Applicant: Morani River Ranch, Uvalde, Management (BLM) is offering to sell a which we seek comments in this notice, TX; PRT–49112A parcel of public land containing 7.5 and explain the basis for your acres as a non-competitive (direct) sale comments. Include sufficient The applicant requests an amendment for a cemetery at not less than the information with your comments to of his captive-bred wildlife registration appraised fair market value (FMV) of allow us to authenticate any scientific or under 50 CFR 17.21(g) to add the $6,500 to Nye County. The BLM is commercial data you include. species listed below to enhance the proposing to use the direct sale The comments and recommendations species’ propagation or survival. This procedures consistent with the that will be most useful and likely to notification covers activities to be requirements of Section 203 of the influence agency decisions are: (1) conducted by the applicant over a 5- Federal Land Policy and Management Those supported by quantitative year period. Act of 1976 (FLPMA), as amended, and information or studies; and (2) Those the applicable regulations. that include citations to, and analyses Species DATES: Interested persons may submit of, the applicable laws and regulations. Eld’s deer (Rucervus eldii) written comments to the BLM at the We will not consider or include in our address below. The BLM must receive Barasingha (Rucervus duvaucelii) administrative record comments we your comments on or before July 7, receive after the close of the comment Applicant: Indianhead Ranch, Del Rio, 2014. period (see DATES) or comments TX; PRT–32349B ADDRESSES: delivered to an address other than those Bureau of Land Management, Tonopah Field Office, listed above (see ADDRESSES). The applicant requests a permit to 1553 S. Main Street, P.O. Box 911, export the sport-hunted trophy of one B. May I review comments submitted by Tonopah, NV 89049. male Arabian leucoryx, (Arabian oryx) others? FOR FURTHER INFORMATION CONTACT: culled from a captive herd maintained Wendy Seley, Realty Specialist, at the Comments, including names and in the state of Texas, for the purpose of above address or by telephone at 775– street addresses of respondents, will be enhancement of the survival of the available for public review at the street 482–7805. Persons who use a species. address listed under ADDRESSES. The telecommunications device for the deaf public may review documents and other Multiple Applicants (TDD) may call the Federal Information information applicants have sent in Relay Service (FIRS) at 1–800–877–8339 support of the application unless our The following applicants each request to contact the above individual during allowing viewing would violate the a permit to import the sport-hunted normal business hours. The FIRS is Privacy Act or Freedom of Information trophy of one male bontebok available 24 hours a day, 7 days a week, Act. Before including your address, (Damaliscus pygargus pygargus) culled to leave a message or question with the phone number, email address, or other from a captive herd maintained under above individual. You will receive a personal identifying information in your the management program of the reply during normal business hours. comment, you should be aware that Republic of South Africa, for the SUPPLEMENTARY INFORMATION: The BLM your entire comment—including your purpose of enhancement of the survival will conduct a direct sale for the personal identifying information—may of the species. following described public land located

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one-half mile west of the Town of consistent with 43 CFR part 2710, the 1. A reservation for any right-of-way Manhattan, Nye County, Nevada. objectives, goals, and decisions of the thereon for ditches or canals Mount Diablo Meridian RMP such as the Lands and Realty constructed by the authority of the objective to make lands available for United States, Act of August 30, 1890 T. 8 N., R. 43 E., community expansion and private (43 U.S.C. 945). Sec. 24, S1⁄2SE1⁄4SW1⁄4SE1⁄4NE1⁄4, economic development and to increase 2. A reservation for all mineral SE1⁄4SW1⁄4SW1⁄4SE1⁄4NE1⁄4, 1 1 1 1 the potential for economic diversity. deposits in the land so patented, and to NE ⁄4NW ⁄4NE ⁄4SE ⁄4, it, or persons authorized by it, the right E1⁄2NW1⁄4NW1⁄4NE1⁄4SE1⁄4, The BLM has prepared environmental N1⁄2SE1⁄4NW1⁄4NE1⁄4SE1⁄4, assessment (EA) DOI–BLM–NV–B020– to prospect for, mine and remove such NE1⁄4SW1⁄4NW1⁄4NE1⁄4SE1⁄4. 2011–0144–EA for the proposed sale, deposits from the same under applicable The area described contains 7.5 acres. and has decided to make it available for law and regulations to be established by Upon publication of this notice in the comment. The comment period on the the Secretary of the Interior. The parcel is also subject to all valid Federal Register, the described land environmental assessment will end existing rights including but not limited will be segregated from all forms of concurrently with the close of the to: appropriation under the public land comment period associated with this Notice of Realty Action. The EA, 1. Right-of-Way N–49546 (Easement laws, including the mining laws, except N–92455) for a water pipeline serving for the sale provisions of FLPMA. Upon Environmental Site Assessment, Mineral Potential Report, map, and the Manhattan Mill granted to Round publication of this Notice of Realty Mountain Gold Corporation, its Action and until completion of the sale, approved appraisal report are available for review at the Tonopah Field Office successors or assigns, pursuant to the the BLM will no longer accept land use Act of October 21, 1976 (43 U.S.C. at the address in the ADDRESSES section applications affecting the identified 1761). public lands, except applications for the and online at the Battle Mountain 2. Right-of-Way N–49749 (Easement amendment of previously filed right-of- District Web site at: http:// N–92453) for aerial line purposes way applications or existing www.blm.gov/nv/st/en/fo/battle_ _ granted to Sierra Pacific Power authorizations to increase the term of mountain field.html. Company, its successors or assigns, the grants in accordance with 43 CFR In order to determine the FMV pursuant to the Act of October 21, 1976 2807.15 and 2886.15. The segregated through appraisal, certain extraordinary (43 U.S.C. 1761). effect will terminate upon issuance of a assumptions and hypothetical 3. Right-of-Way N–54823 (Easement patent, publication in the Federal conditions are made concerning the N–92454) for a water pipeline serving Register of a termination of the attributes and limitations of the land the Town of Manhattan granted to Nye segregation, or on May 20, 2016 unless and potential effects of local regulations County, its successors or assigns, extended by the BLM Nevada State and policies on potential future land pursuant to the Act of October 21, 1976 Director in accordance with 43 CFR uses. Through publication of this (43 U.S.C. 1761). 2711.1–2(d) prior to the termination Notice, the BLM advises that these The purchaser, by accepting the date. assumptions may not have been patent, agrees to indemnify, defend, and Under FLPMA, Section 203(a)(3) and endorsed or approved by units of local hold the United States harmless from 43 CFR 2710.0–3(a)(2), the disposal of government. any costs, damages, claims, causes of such tract will serve important public Nye County expressed an interest in action, penalties, fines, liabilities, and objectives, including but not limited to, purchasing, by direct sale, the surface judgments of any kind arising from the expansion of communities and estate of these lands as the permanent past, present, or future acts or omissions economic development, which cannot site for a cemetery. As proof of interest, of the patentee, its employees, agents, be achieved prudently or feasibly on Nye County approved Resolution No. contractors, or lessees, or any third lands other than public lands and which 2011–97, ‘‘A Resolution Authorizing the party arising out of, or in connection outweigh other public objectives and Submission of Notice to the United with, the patentee’s use, occupancy or values. Consistent with Section 203 of States Department of the Interior, operations on the patented real FLPMA, a tract of public land may be Bureau of Land Management that Nye property. This indemnification and sold as a result of approved land use County Requests a Direct Sale for the hold-harmless agreement includes, but planning if the sale of the tract meets Real Property Commonly Known as the is not limited to, acts and omissions of the disposal criteria of that section. The Mount Moriah Cemetery Located in the patentee, its employees, agents, public land in question has been Manhattan, NV for use as a Cemetery contractors, or lessees, or third party identified as suitable for disposal in the and Authorizing the Chairman to arising out of or in connection with the BLM Tonopah Resource Management Execute All Documents and to Take use and/or occupancy of the patented Plan (RMP), Appendix 14, pages A–46 Such Other Actions as Required to real property resulting in: (1) Violations through A–49, dated October 2, 1997. Secure Issuance of the Subject Land’’ on of Federal, State, and local laws and The parcel is not required for any other August 6, 2011. The proposed sale regulations that are now, or in the future Federal purpose. Regulations contained parcel includes the 2.3-acre cemetery become, applicable to the real property; in 43 CFR 2711.3–3(a)(1) make historically used since the early 1900s. (2) Judgments, claims, or demands of allowances for direct sales when a The BLM proposes a direct sale because any kind assessed against the United competitive sale is not appropriate and it serves an important local public States; (3) Costs, expenses, or damages the public interest would be best served objective of facilitating Nye County’s of any kind incurred by the United by a direct sale. Here the parcel in efforts to provide for the expansion of States; (4) Releases or threatened question is being transferred to State or the existing cemetery. releases of solid or hazardous waste(s) local government and given its location The public land will not be offered for and/or hazardous substances(s), as is important to the existing cemetery. sale prior to 60 days from the date this defined by Federal or State Additionally, the proposed direct sale notice is published in the Federal environmental laws, off, on, into, or would also help address an inadvertent Register. The patent, if issued, would be under land, property, and other interests trespass on a portion of the proposed subject to the following terms, of the United States; (5) Other activities sale parcel. Thus, the proposed action is conditions, and reservations: by which solid or hazardous substances

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or wastes, as defined by Federal and of 20 percent of the purchase price, Washington, DC 20240; by all other State environmental laws are generated, appraisal, and payment of publication carriers, National Register of Historic released, stored, used, or otherwise costs. The purchaser must remit the Places, National Park Service,1201 Eye disposed of on the patented real remainder of the purchase price within St. NW., 8th Floor, Washington, DC property, and any cleanup response, 180 days from the date of the sale offer. 20005; or by fax, 202–371–6447. Written remedial action, or other actions related Payments must be by certified check, or faxed comments should be submitted in any manner to said solid or U.S. postal money order, bank draft, or by June 4, 2014. Before including your hazardous substances or wastes; or (6) cashier’s check, and made payable to address, phone number, email address, Natural resource damages as defined by the U.S. Department of the Interior— or other personal identifying Federal and State law. This covenant BLM or conduct an electronic funds information in your comment, you will run with the patented real property transfer. The balance is due 2 weeks should be aware that your entire and may be enforced by the United prior to 180th day if the purchaser comment—including your personal States in a court of competent conducts an electronic funds transfer. identifying information—may be made jurisdiction. Failure to meet conditions established publicly available at any time. While Pursuant to the requirements for this sale will void the sale and forfeit you can ask us in your comment to established by Section 120(h) of the any payment(s) received. withhold your personal identifying Comprehensive Environmental Before including your address, phone information from public review, we Response, Compensation and Liability number, email address, or other cannot guarantee that we will be able to Act, 42 U.S.C. 9620(h) (CERCLA), as personal identifying information in your do so. amended by the Superfund comment, be advised that your entire Dated: May 5, 2014. Amendments and Reauthorization Act comment—including your personal Alexandra Lord, of 1988 (100 Stat. 1670), notice is hereby identifying information—may be made Acting Chief, National Register of Historic given that the above-described lands publicly available at any time. While have been examined and no evidence Places/, National Historic Landmarks you can ask us in your comment to Program. was found to indicate that any withhold from public review your hazardous substances have been stored personal identifying information, we CALIFORNIA for 1 year or more, nor had any cannot guarantee that we will be able to Los Angeles County hazardous substances been disposed of do so. Any adverse comments regarding Villa Carlotta, 234 E. Mendocino St., or released on the subject property. To the proposed sale will be reviewed by Altadena, 14000303 the extent required by law, all parcels the BLM Nevada State Director or other are subject to the requirements of authorized official of the Department of Monterey County Section 120(h) of CERCLA. the Interior, who may sustain, vacate, or Connell, Arthur and Kathleen, House, 1170 No representation, warranty, or modify this realty action in whole or in Signal Hill Rd., Pebble Beach, 14000304 covenant of any kind, express or part. In the absence of timely filed Fort Ord Station Veterinary Hospital, 2872 implied, will be given or made by the objections, this realty action will 5th Ave., Marina, 14000305 United States, its officers or employees become the final determination of the Santa Clara County as to access to or from the above- Authority: 43 CFR 2711.1–2(a) and (c). Century 21 Theater, 3161 Olsen Dr., San Jose, described parcel of land, the title to the 14000306 land, whether or to what extent the land Department of the Interior. may be developed, its physical Timothy J. Coward, Sonoma County condition or its past, present or Field Manager, Tonopah. Pond Farm Pottery Historic District, 17000 Armstrong Woods Rd., Guerneville, potential uses, and the conveyance of [FR Doc. 2014–11612 Filed 5–19–14; 8:45 am] any such parcel will not be on a 14000307 BILLING CODE 4310–HC–P contingency basis. It is the LOUISIANA responsibility of the buyer to be aware Bienville Parish of all applicable Federal, State, and DEPARTMENT OF THE INTERIOR local government policies and Arcadia Colored High School Historic regulations that would affect the subject National Park Service District, 6th St. between Crawford Ave. & lands. It is also the buyer’s Napoleon St., Arcadia, 14000308 [NPS–WASO–NRNHL–15728; responsibility to be aware of existing or Calcasieu Parish PPWOCRADI0, PCU00RP14.R50000] prospective uses of nearby properties. Noble Building, 324 Pujo St., Lake Charles, Lands without access from a public road National Register of Historic Places; 14000310 or highway will be conveyed as such, Notification of Pending Nominations Natchitoches Parish and future access acquisition will be the and Related Actions responsibility of the buyer. Northwestern State University Historic The BLM prepared a mineral potential Nominations for the following District, Roughly bounded by University report, dated January 6, 2014, which properties being considered for listing Pkw., Harry Turpin Stadium, Fournet Quad., Cadwell & Sam Sibley Drs., Central concluded that all minerals rights or related actions in the National Ave., Natchitoches, 14000313 should be reserved to the United States Register were received by the National Government. Mining claim holders Park Service before May 2, 2014. Orleans Parish Round Mountain Gold Corporation and Pursuant to § 60.13 of 36 CFR part 60, Curtis, Nathaniel C., Jr. & Frances, House, A.U. Mines, Inc., would be required to written comments are being accepted 6161 Marquette Pl., New Orleans, amend a portion of the only active concerning the significance of the 14000311 mining claims on the land identified for nominated properties under the International Trade Mart, 2 Canal St., New National Register criteria for evaluation. Orleans, 14000312 the proposed sale area prior to Pythian Temple, 234 Loyola Ave., New conveyance. Comments may be forwarded by United Orleans, 14000309 The purchaser will have 30 days from States Postal Service, to the National Schwegmann Bros. Giant Supermarket No. 1, the date of receiving the sale offer to Register of Historic Places, National 222 St. Claude Ave., New Orleans, accept the offer and to submit a deposit Park Service, 1849 C St. NW., MS 2280, 14000314

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St. Bernard Parish IOWA Tulsa County Ducros, Dr. Louis A., House, 1345 Bayou Bremer County McGregor House, (Bruce Goff Designed Ave., St. Bernard, 14000315 Resources in Oklahoma MPS) 1401 S. Harmon and LeValley Northwest Historic Quaker Ave., Tulsa, 14000299 NEW YORK District, Roughly Cedar R., 1st, 7th & 6th SOUTH CAROLINA Ulster County Aves., NW., Waverly, 14000284 Brown—Ellis House, 382 Crescent Ave., Clayton County Greenville County Highland, 14000316 Motor Mill Historic District (Boundary U.S. Post Office and Courthouse, 300 E. [FR Doc. 2014–11569 Filed 5–19–14; 8:45 am] Increase), (Flour Milling in Iowa MPS) Washington St., Greenville, 14000300 BILLING CODE 4312–51–P Address Restricted, Elkader, 14000285 VIRGINIA Pottawattamie County Giles County DEPARTMENT OF THE INTERIOR Hotel Chieftain, 38 Pearl St., Council Bluffs, Narrows Commercial Historic District, 100– 14000286 300 blk. Main, 100 blk. Mary, 100 blk. National Park Service Monroe & 100 blk. Center Sts., 100 blk. MASSACHUSETTS MacArthur Ln., Narrows, 14000301 [NPS–WASO–NRNHL–15705; Plymouth County PPWOCRADI0, PCU00RP14.R50000] Richmond Independent city Duxbury Pier Light, (Light Stations of the Hermitage Road Warehouse Historic District, National Register of Historic Places; United States MPS) Mouth of Duxbury Bay Bounded by Hermitage & Overbrook Rds., Notification of Pending Nominations at Plymouth Bay, 5.1 mi. NNE. of Plymouth Sherwood Ave., I–95, Richmond and Related Actions Rock, Plymouth, 14000287 (Independent City), 14000302 NEBRASKA In the interest of preservation a three day Nominations for the following comment period has been requested for the properties being considered for listing Lancaster County following resource: or related actions in the National Lincoln Haymarket Historic District, OHIO Register were received by the National Generally 7th to 9th & N to R Sts., Lincoln, Park Service before April 26, 2014. 14000288 Butler County Pursuant to § 60.13 of 36 CFR part 60, High Street Commercial Block (Boundary NEW YORK written comments are being accepted Increase), 216–226 High St., Hamilton, concerning the significance of the New York County 14000292 nominated properties under the Ansche Chesed Synagogue, 1883 Adam [FR Doc. 2014–11578 Filed 5–19–14; 8:45 am] National Register criteria for evaluation. Clayton Powell Jr. Blvd., New York, BILLING CODE 4312–51–P Comments may be forwarded by United 14000289 States Postal Service, to the National Register of Historic Places, National Washington County DEPARTMENT OF THE INTERIOR Park Service, 1849 C St. NW., MS 2280, Martin—Fitch House & Asa Fitch, Jr. Washington, DC 20240; by all other Laboratory, 4183 NY 29, Salem, 14000290 Office of Natural Resources Revenue carriers, National Register of Historic NORTH CAROLINA [Docket No. ONRR–2011–0006; DS63610000 Places, National Park Service, 1201 Eye DR2PS0000.CH7000 145D0102R2] St. NW., 8th Floor, Washington, DC Alamance County 20005; or by fax, 202–371–6447. Written Oneida Cotton Mills and Scott—Mebane Agency Information Collection or faxed comments should be submitted Manufacturing Company Complex, 219 & Activities: Proposed Collection, by June 4, 2014. Before including your 220 W. Harden St., Graham, 14000291 Comment Request address, phone number, email address, OHIO or other personal identifying AGENCY: Office of Natural Resources information in your comment, you Hamilton County Revenue (ONRR), Interior. should be aware that your entire Alameda Flats, The, (Apartment Buildings in ACTION: Notice of extension, OMB comment—including your personal Ohio Urban Centers, 1870–1970 MPS) Control Number 1012–0009. identifying information—may be made 3580–3586 Reading Rd., Cincinnati, 14000293 SUMMARY: To comply with the publicly available at any time. While Paperwork Reduction Act of 1995 Poinciana Flats, (Apartment Buildings in you can ask us in your comment to (PRA), ONRR is inviting comments on a withhold your personal identifying Ohio Urban Centers, 1870–1970 MPS) 3522 Reading Rd., Cincinnati, 14000294 collection of information requests that information from public review, we we will submit to the Office of cannot guarantee that we will be able to Mahoning County Management and Budget (OMB) for do so. Gallagher Building, 23 N. Hazel & 131 review and approval. This Information Dated: April 30, 2014. Commerce Sts., Youngstown, 14000295 Collection Request (ICR) covers the J. Paul Loether, OKLAHOMA paperwork requirements in the Chief, National Register of Historic regulations under title 30, Code of Places/, National Historic Landmarks Adair County Federal Regulations (CFR), part 1220. Program. Breadtown, (Cherokee Trail of Tears MPS) Also, this ICR pertains to royalties or net FLORIDA Address Restricted, Westville, 14000296 profit share payments from oil and gas leases on submerged Federal lands on Grady County Columbia County the Outer Continental Shelf (OCS). Griffin House, 1402 W. Kansas Ave., O’Leno State Park, 410 SE. O’Leno Park Rd., DATES: Submit written comments on or Chickasha, 14000297 High Springs, 14000282 before July 21, 2014. Pinellas County Payne County ADDRESSES: You may submit comments Dunedin Isles Golf Club Golf Course, 1050 Cross, Hamilton, House, 1509 W. 9th, on this ICR to ONRR by using one of the Palm Blvd., Dunedin, 14000283 Stillwater, 14000298 following three methods:

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1. Electronically go to http:// permitted on these costs under a monthly report to the Federal www.regulations.gov. In the entry titled § 1220.012; and (3) allowances for Government by using data from the ‘‘Enter Keyword or ID,’’ enter ONRR– capital recovery calculated under capital account until the lease is 2011–0006 and then click ‘‘Search.’’ § 1220.020. ONRR also collects this terminated, expired, or relinquished. Follow the instructions to submit public information to ensure that royalties or C. NPSL Inventories comments. ONRR will post all net profit share payments are accurately comments. valued and appropriately paid. This ICR The NPSL lessees must notify BOEM 2. Mail comments to Mr. Luis Aguilar, affects only oil and gas leases on of their intent to take inventory so that Regulatory Specialist, ONRR, P.O. Box submerged Federal lands on the OCS. BOEM’s Director may be represented at 25165, MS 61030A, Denver, Colorado II. Information Collections the taking of inventory under 80225–0165. Please reference ‘‘ICR § 1220.032. Each lessee must file a 1012–0009’’ in your comments. Title 30 CFR part 1220 covers the net report after each inventory is taken, 3. Hand-carry or mail comments, profit share lease (NPSL) program and reporting the controllable material using an overnight courier service, to establishes reporting requirements for under § 1220.031. ONRR. Our courier address is Building determining the net profit share base 85, Room A–614, Denver Federal under § 1220.021. It also covers the D. NPSL Audits Center, West 6th Ave. and Kipling St., calculating of net profit share payments Non-operators of an NPSL must notify Denver, Colorado 80225. Please due to the Federal Government for the ONRR when they call for an audit. reference ‘‘ICR 1012–0009’’ in your production of oil and gas from leases When ONRR calls for an audit, the under § 1220.022. comments. lessee must notify all non-operators on FOR FURTHER INFORMATION CONTACT: For A. NPSL Bidding System the lease. These requirements are questions on technical issues, contact To encourage exploration and located at § 1220.033. Ms. Suzanne Wolter, Audit and development of oil and gas leases on III. OMB Approval Compliance Management (ACM), submerged Federal lands on the OCS, ONRR, telephone (303) 231–3405 or the Bureau of Ocean Energy ONRR will request OMB approval to email at [email protected]. For Management (BOEM) promulgated continue to collect this information. If other questions, contact Mr. Luis regulations at 30 CFR part 506—Outer ONRR does not collect this information, Aguilar, telephone (303) 231–3418, or Continental Shelf Oil and Gas Leasing. this would limit the Secretary’s ability email at [email protected]. You Also, BOEM promulgated specific to discharge fiduciary duties and may may also contact Mr. Aguilar to obtain implementing regulations for the NPSL also result in the inability to confirm the copies, at no cost, of (1) the ICR, (2) any bidding system at § 506.110(d). BOEM accurate royalty value. ONRR protects associated form, and (3) the regulations established the NPSL bidding system to the proprietary information that we that require us to collect the balance a fair market return to the receive, and we do not collect items of information. Federal Government for the lease of its a sensitive nature. SUPPLEMENTARY INFORMATION: public lands and providing a fair profit ONRR requires lessees to respond to Title: OCS Net Profit Share Payment to companies risking their investment this ICR because the information Reporting—30 CFR Part 1220. capital. The system provides an collected is essential in order to OMB Control Number: 1012–0009. incentive for early expeditious determine when net profit share Bureau Form Number: None. exploration and development providing payments are due and to ensure that Abstract: The Secretary of the United for sharing of the risks by the lessee and lessees properly value and pay royalties States Department of the Interior is the Federal Government. The NPSL or net profit share payments. responsible for collecting royalties from bidding system incorporates a fixed Frequency: Annually, monthly, and lessees who produce minerals from capital recovery system as a means on occasion. leased Federal and Indian lands and the through which the lessee recovers costs Estimated Number and Description of OCS. The Secretary’s responsibility, of exploration and development from Respondents: 6 lessees. under various laws, is to manage production revenues, along with a Estimated Annual Reporting and mineral resource production from reasonable return on investment. Federal and Indian lands and the OCS, Recordkeeping ‘‘Hour’’ Burden: 1,926 B. NPSL Capital Account collect the royalties and other mineral hours. revenues due, and distribute the funds The Federal Government does not All six lessees report monthly because collected under those laws. ONRR receive a profit share payment from an all current NPSLs are in producing performs the royalty management NPSL until the lessee shows a credit status. Because the requirements for functions for the Secretary. balance in its capital account; that is, establishment of capital accounts at We have posted those laws pertaining cumulative revenues and other credits § 1220.010(a) and capital account to mineral leases on Federal and Indian exceed cumulative costs. Lessees annual reporting at § 1220.031(a) are lands and the OCS at http:// multiply the credit balance by the net necessary only during the non- www.onrr.gov/Laws_R_D/PubLaws/ profit share rate (30 to 50 percent), producing status of a lease, ONRR default.htm. resulting in the amount of net profit included only one annual response for share payment due to the Federal these requirements in case a new NPSL I. General Information Government. is established. ONRR did not include in ONRR collects and uses this ONRR requires lessees to maintain an the estimates certain requirements information to determine (1) all NPSL capital account for each lease performed in the normal course of allowable direct and allocable joint under § 1220.010, which transfers to a business, which are considered usual costs and credits under § 1220.011 new owner when sold. Following the and customary. The following table incurred during the lease term; (2) cessation of production, lessees are also shows the estimated annual burden appropriate overhead allowance required to provide either an annual or hours by CFR section and paragraph.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Number of Annual Citation Reporting & recordkeeping Hour burden annual burden 30 CFR 1220 requirement responses hours

Part 1220—Accounting Procedures for Determining Net Profit Share Payment for Outer Continental Shelf Oil and Gas Leases

§ 1220.010 NPSL Capital Account

1220.010(a) ...... (a) For each NPSL tract, an NPSL capital account shall be estab- 1 1 1 lished and maintained by the lessee for NPSL operations . . .

§ 1220.030 Maintenance of records

1220.030(a) and (b) ... (a) Each lessee . . . shall establish and maintain such records as 1 11 11 are necessary . . .

§ 1220.031 Reporting and payment requirements

1220.031(a) ...... (a) Each lessee subject to this part shall file an annual report during 1 11 11 the period from issuance of the NPSL until the first month in which production revenues are credited to the NPSL capital ac- count . . .

1220.031(b) ...... (b) Beginning with the first month in which production revenues are 13 1 132 1716 credited to the NPSL capital account, each lessee . . . shall file a report for each NPSL, not later than 60 days following the end of each month . . .

1220.031(c) ...... (c) Each lessee subject to this Part 220 shall submit, together with Burden hours covered under § 1220.031(b). the report required . . . any net profit share payment due . . .

1220.031(d) ...... (d) Each lessee . . . shall file a report not later than 90 days after 8 11 88 each inventory is taken

1220.031(e) ...... (e) Each lessee . . . shall file a final report, not later than 60 days 4 11 44 following the cessation of production . . .

§ 1220.032 Inventories

1220.032(b) ...... (b) At reasonable intervals, but at least once every three years, in- 1 11 11 ventories of controllable materiel shall be taken by the lessee. Written notice of intention to take inventory shall be given by the lessee at least 30 days before any inventory is to be taken so that the BOEM Director may be represented at the taking of in- ventory . . .

§ 1220.033 Audits

1220.033(b)(1) ...... (b)(1) When nonoperators of an NPSL lease call an audit in accord- 2 11 22 ance with the terms of their operating agreement, the ONRR Di- rector shall be notified of the audit call . . .

1220.033(b)(2) ...... (b)(2) If DOI determines to call for an audit, DOI shall notify the les- 2 11 22 see of its audit call and set a time and place for the audit . . . The lessee shall send copies of the notice to the nonoperators on the lease . . . 1220.033(e) ...... (e) Records required to be kept under § 1220.030(a) shall be made The Office of Regulatory Affairs determined that available for inspection by any authorized agent of DOI . . . the audit process is exempt from the Paper- work Reduction Act of 1995 because ONRR staff asks non-standard questions to resolve exceptions.

Total Burden ...... 210 1,926 1 11 NPSL reports × 12 months = 132 reports

Estimated Annual Reporting and agency may not conduct or sponsor— provide 60-day notice in the Federal Recordkeeping ‘‘Non-hour’’ Cost and a person is not required to respond Register . . . and otherwise consult Burden: We have not identified a ‘‘non- to—a collection of information unless it with members of the public and affected hour’’ cost burden associated with the displays a currently valid OMB control agencies concerning each proposed collection of information. number. collection of information . . .’’ Agencies Public Disclosure Statement: The PRA Comments: Section 3506(c)(2)(A) of must specifically solicit comments to: (44 U.S.C. 3501 et seq.) provides that an the PRA requires each agency to ‘‘. . . (1) Evaluate whether the proposed

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collection of information is necessary ONRR Information Collection Gearhart of the Commission’s Office of for the agency to perform its duties, Clearance Officer: David Alspach (202) the General Counsel (202–205–3091 or including whether the information is 219–8526. [email protected]). The media useful; (2) evaluate the accuracy of the Dated: May 6, 2014. should contact Peg O’Laughlin, Public agency’s estimate of the burden of the Affairs Officer (202–205–1819 or Gregory J. Gould, proposed collection of information; (3) [email protected]). General enhance the quality, usefulness, and Director, Office of Natural Resources information concerning the Commission Revenue. clarity of the information that ONRR may be obtained by accessing its collects; and (4) minimize the burden on [FR Doc. 2014–11559 Filed 5–19–14; 8:45 am] internet server (http://www.usitc.gov). the respondents, including the use of BILLING CODE 4310–T2–P Background: Section 206 of the automated collection techniques or Andean Trade Preference Act (ATPA) other forms of information technology. (19 U.S.C. 3204) requires that the The PRA also requires agencies to INTERNATIONAL TRADE Commission submit biennial reports to estimate the total annual reporting COMMISSION the Congress regarding the economic ‘‘non-hour cost’’ burden to respondents [Investigation No. 332–352] impact of the Act on U.S. industries and or recordkeepers resulting from the consumers and, in conjunction with collection of information. If you have Andean Trade Preference Act: Impact other agencies, the effectiveness of the costs to generate, maintain, and disclose on the U.S. Economy and on Andean Act in promoting drug-related crop this information, you should comment Drug Crop Eradication eradication and crop substitution efforts and provide your total capital and of the beneficiary countries. Section startup cost components or annual AGENCY: United States International 206(b) of the Act requires that each operation, maintenance, and purchase Trade Commission. report include: of service components. You should ACTION: Notice of opportunity to submit (1) The actual effect of ATPA on the describe the methods that you use to comments in connection with the 16th U.S. economy generally as well as on estimate (1) major cost factors, including report on the Andean Trade Preference specific domestic industries which system and technology acquisition, (2) Act (ATPA). produce articles that are like, or directly expected useful life of capital competitive with, articles being equipment, (3) discount rate(s), and (4) SUMMARY: Section 206 of the ATPA (19 imported under the Act from beneficiary the period over which you incur costs. U.S.C. 3204) requires the Commission to countries; Capital and startup costs include, report biennially to the Congress by (2) the probable future effect that among other items, computers and September 30 of each reporting year on ATPA will have on the U.S. economy software that you purchase to prepare the economic impact of the Act on U.S. generally and on such domestic for collecting information and industries and U.S. consumers, as well industries; and monitoring, sampling, and testing as on the effectiveness of the Act in (3) the estimated effect that ATPA has equipment, and record-storage facilities. promoting drug related crop eradication had on drug-related crop eradication Generally, your estimates should not and crop substitution efforts by and crop substitution efforts of include equipment or services beneficiary countries. The Commission beneficiary countries. purchased (i) before October 1, 1995; (ii) prepares these reports under Notice of institution of this to comply with requirements not investigation No. 332–352, Andean investigation for preparing these reports associated with the information Trade Preference Act: Impact on the was published in the Federal Register of collection; (iii) for reasons other than to U.S. Economy and on Andean Drug March 10, 1994 (59 FR 11308). This provide information or keep records for Crop Eradication. 16th report, covering 2012–2013, the the Federal Government; or (iv) as part DATES: June 24, 2014: Deadline for filing period since the previous report, is to be of customary and usual business or written submissions. submitted by September 30, 2014. private practices. September 30, 2014: Transmittal of During the period covered by this 16th We will summarize written responses Commission report to Congress. report, only Colombia and Ecuador were beneficiary countries eligible for to this notice and address them in our ADDRESSES: All Commission offices, preferential treatment, and only for part ICR submission for OMB approval, including the Commission’s hearing of the period covered by the report. including appropriate adjustments to rooms, are located in the United States Colombia’s designation as a beneficiary the estimated burden. We will provide International Trade Commission country was terminated on May 15, a copy of the ICR to you, free of charge, Building, 500 E Street SW., Washington, 2012, when the United States–Colombia upon request. We also will post the ICR DC. All written submissions should be at http://www.onrr.gov/Laws_R_D/ Trade Promotion Agreement entered addressed to the Secretary, United FRNotices/FRInfColl.htm. into force; imports from Ecuador ceased States International Trade Commission, Public Comment Policy: ONRR will to be eligible for preferential treatment 500 E Street SW., Washington, DC post all comments, including names and after July 31, 2013, when the authority 20436. The public record for this addresses of respondents at http:// for such treatment expired. www.regulations.gov. Before including investigation may be viewed on the Written Submissions: Interested Personally Identifiable Information (PII), Commission’s electronic docket (EDIS) parties are invited to file written such as your address, phone number, at http://www.usitc.gov/secretary/ submissions containing information and email address, or other personal edis.htm. views relating to the subject matter of information in your comment(s), you FOR FURTHER INFORMATION CONTACT: the investigation. All written should be aware that your entire Justino De La Cruz (202–205–3252, or submissions should be addressed to the comment (including PII) may be made [email protected]), Country Secretary, and should be received not available to the public at any time. and Regional Analysis Division, Office later than 5:15 p.m., June 24, 2014. All While you may ask us, in your of Economics, U.S. International Trade written submissions must conform to comment, to withhold PII from public Commission, Washington, DC 20436. the provisions of section 201.8 of the view, we cannot guarantee that we will For information on the legal aspects of Commission’s Rules of Practice and be able to do so. this investigation, contact William Procedure (19 C.P.R. 201.8). Section

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201.8 and the Commission’s Handbook INTERNATIONAL TRADE pursuant to section 207.62 of the on Filing Procedures require that COMMISSION Commission’s rules. By order of the Commission. interested parties file documents [Investigation Nos. 701–TA–415 and 731– electronically on or before the filing TA–933 and 934 (Second Review)] Issued: May 14, 2014. deadline and submit eight (8) true paper Lisa R. Barton, copies by 12:00 noon eastern time on Polyethylene Terephthalate Film, Secretary to the Commission. the next business day. In the event that Sheet, and Strip From India and [FR Doc. 2014–11580 Filed 5–19–14; 8:45 am] confidential treatment of a document is Taiwan; Revised Schedule for the BILLING CODE 7020–02–P requested, interested parties must file, at Subject Reviews the same time as the eight paper copies, AGENCY: United States International at least four (4) additional true paper Trade Commission. DEPARTMENT OF JUSTICE copies in which the confidential ACTION: Notice. information must be deleted (see the Antitrust Division following paragraph for further DATES: Effective Date: May 14, 2014. United States v. Bazaarvoice Inc.; information regarding confidential FOR FURTHER INFORMATION CONTACT: Proposed Final Judgment and business information). Persons with Cynthia Trainor (202–205–3354), Office Competitive Impact Statement questions regarding electronic filing of Investigations, U.S. International should contact the Secretary (202–205– Trade Commission, 500 E Street SW., Notice is hereby given pursuant to the 2000). Washington, DC 20436. Hearing- Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)–(h), that a proposed Any submissions that contain impaired persons can obtain Final Judgment, Stipulation and confidential business information must information on this matter by contacting Competitive Impact Statement have also conform with the requirements of the Commission’s TDD terminal on 202– 205–1810. Persons with mobility been filed with the United States section 201.6 of the Commission’s Rules District Court for the Northern District impairments who will need special of Practice and Procedure (19 CFR of California in United States of assistance in gaining access to the 201.6). Section 201.6 of the rules America v. Bazaarvoice, Inc., Civil Commission should contact the Office requires that the cover of the document Action No. 13–00133. On January 8, of the Secretary at 202–205–2000. and the individual pages be clearly 2014, the Court held that Bazaarvoice, General information concerning the marked as to whether they are the Inc.’s June 2012 acquisition of Commission may also be obtained by ‘‘confidential’’ or ‘‘non-confidential’’ PowerReviews, Inc. violated Section 7 accessing its internet server (http:// version, and that the confidential of the Clayton Act, 15 U.S.C. 18. The www.usitc.gov). The public record for business information be clearly proposed Final Judgment requires these reviews may be viewed on the identified by means of brackets. All Bazaarvoice to divest the assets it Commission’s electronic docket (EDIS) acquired from PowerReviews and written submissions, except for at http://edis.usitc.gov. confidential business information, will adhere to other requirements to fully SUPPLEMENTARY INFORMATION: be made available for inspection by restore competition in the provision of Background.—On January 16, 2014, interested parties. online product ratings and reviews the Commission established a schedule platforms. Congressional committee staff has for the conduct of these reviews (79 FR Copies of the Complaint, Stipulation, indicated that the receiving committees 2883). Subsequently, counsel for the proposed Final Judgment and intend to make the Commission’s report domestic interested party filed a request Competitive Impact Statement are available to the public in its entirety, to appear at the hearing or, in the available for inspection at the and has asked that the Commission not alternative, for consideration of Department of Justice, Antitrust include any confidential business cancellation of the hearing. Counsel Division, Antitrust Documents Group, information or national security indicated a willingness to submit 450 Fifth Street NW., Suite 1010, classified information in the report that responses to any Commission questions Washington, DC 20530 (telephone: 202– the Commission sends to the Congress. in lieu of an actual hearing. No other 514–2481), on the Department of Any confidential business information party filed a timely request to appear at Justice’s Web site at http:// received by the Commission in this the hearing. Consequently, the public www.usdoj.gov/atr, and at the Office of investigation and used in preparing this hearing in connection with these the Clerk of the United States District report will not be published in a manner reviews, scheduled to begin at 9:30 a.m. Court for the Northern District of that would reveal the operations of the on May 20, 2014, at the U.S. California. Copies of these materials International Trade Commission firm supplying the information. may be obtained from the Antitrust Building, is cancelled. Parties to these Division upon request and payment of By order of the Commission. reviews should respond to any written the copying fee set by Department of Issued: May 14, 2014. questions posed by the Commission in Justice regulations. Lisa R. Barton, their posthearing briefs, which are due Public comment is invited within 60 Secretary of the Commission. to be filed on May 29, 2014. days of the date of this notice. Such For further information concerning [FR Doc. 2014–11581 Filed 5–19–14; 8:45 am] comments, including the name of the these reviews see the Commission’s submitter, and responses thereto, will be BILLING CODE 7020–02–P notice cited above and the posted on the U.S. Department of Commission’s Rules of Practice and Justice, Antitrust Division’s internet Procedure, part 201, subparts A through Web site, filed with the Court and, E (19 CFR part 201), and part 207, under certain circumstances, published subparts A and C (19 CFR part 207). in the Federal Register. Comments Authority: These reviews are being should be directed to James J. Tierney, conducted under authority of title VII of the Chief, Networks and Technology Tariff Act of 1930; this notice is published Enforcement Section, Antitrust

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Division, Department of Justice, 2. The acquisition of PowerReviews competitors,’’ and he expected ‘‘pricing Washington, DC 20530, (telephone: was a calculated move by Bazaarvoice accretion’’ from the combination of the 202–307–6200). that was intended to eliminate two firms. In November 2012, Stephen competition. Bazaarvoice’s senior Collins replaced Brett Hurt as Patricia A. Brink, executives spent more than a year Bazaarvoice’s Chief Executive Officer. Director of Civil Enforcement. considering whether buying 7. In November 2011, Hurt sought Michael D. Bonanno, Attorney (DC Bar PowerReviews would reduce pricing No. 998208) permission from Bazaarvoice board pressure and diminish competition in members to continue exploring a Soyoung Choe, Attorney (MD Bar, No the marketplace. As a result of their potential deal with PowerReviews, Numbers Assigned) extensive deliberations, the company’s observing that Bazaarvoice would have Aaron Comenetz, Attorney (DC Bar No. business documents are saturated with ‘‘[n]o meaningful direct competitor’’ 479572) evidence that Bazaarvoice believed the Peter K. Huston, Attorney (CA Bar No. after acquiring PowerReviews, thereby acquisition of PowerReviews would 150058) eliminate its most significant reducing ‘‘pricing dilution.’’ Ihan Kim, Attorney (NY Bar, No competitive threat and stem price 8. In December 2011, Collins and Numbers Assigned) Barton met with PowerReviews Claude F. Scott, Jr., Attorney (DC Bar competition. 3. In April 2011, Brant Barton, one of representatives again. Following the No. 414906) Bazaarvoice’s co-founders, outlined the Adam T. Severt, Attorney (MD Bar, No meeting, Collins prepared a benefits of the acquisition in an email to Numbers Assigned) memorandum for Bazaarvoice’s board of United States Department of Justice, senior Bazaarvoice executives. He noted directors to outline the expected Antitrust Division that acquiring PowerReviews would benefits of the acquisition. He wrote that 450 Fifth Street NW., Suite 7100 ‘‘[e]liminat[e] [Bazaarvoice’s] primary the acquisition of PowerReviews would Washington, DC 20530 competitor’’ and provide ‘‘relief from [] (1) ‘‘eliminat[e] feature driven one- Telephone: (202) 532–4791 price erosion.’’ He also discussed the upmanship and tactical competition;’’ Facsimile: (202) 616–8544 absence of competitive alternatives for (2) ‘‘[c]reate[] significant competitive Email: [email protected] customers, concluding that Bazaarvoice barriers to entry;’’ (3) ‘‘eliminate the cost [Additional counsel listed on signature would ‘‘retain an extremely high in time and money to take page] percentage of [PowerReviews] [PowerReviews’] accounts;’’ and (4) Attorneys for Plaintiff United States of customers,’’ because available ‘‘reduce [Bazaarvoice’s] risk of account America alternatives for disgruntled customers losses as [PowerReviews] compete[d] for were ‘‘scarce’’ and ‘‘low-quality.’’ survival.’’ UNITED STATES DISTRICT COURT 4. On May 4, 2011, Brett Hurt, Bazaarvoice’s Chief Executive Officer, 9. In May 2012, Bazaarvoice FOR THE NORTHERN DISTRICT OF executives completed their due CALIFORNIA supported Barton’s analysis and advocated the company’s pursuit of diligence for the acquisition. To support SAN FRANCISCO DIVISION PowerReviews in an email to the their recommendation to proceed with the acquisition of PowerReviews, they UNITED STATES OF AMERICA, Bazaarvoice board of directors. prepared a 73-page memorandum for Plaintiff, According to Hurt, the acquisition of v. PowerReviews was an opportunity to the company’s board of directors. In this BAZAARVOICE, INC. Defendant. ‘‘tak[e] out [Bazaarvoice’s] only memorandum, the executives touted the Case No. 13-cv-00133 WHO competitor, who . . . suppress[ed] transaction’s dampening effect on [Bazaarvoice] price points []by as much competition, concluding the acquisition COMPLAINT as 15% . . . .’’ would ‘‘block[] entry by competitors’’ The United States of America, acting 5. Two days later, Barton, Hurt, and and ‘‘ensure [Bazaarvoice’s] retail under the direction of the Attorney Stephen Collins, Bazaarvoice’s Chief business [was] protected from direct General of the United States, brings this Financial Officer, met with senior competition and premature price civil action to obtain equitable relief PowerReviews executives to discuss the erosion.’’ remedying the June 2012 acquisition of potential acquisition. In his notes from 10. Bazaarvoice’s acquisition of PowerReviews, Inc. (‘‘PowerReviews’’) the meeting, Barton wrote that the PowerReviews closed on June 12, 2012. by Defendant Bazaarvoice, Inc. transaction would enable the combined The purchase price, including cash and (‘‘Bazaarvoice’’). The United States company to ‘‘avoid margin erosion’’ non-cash consideration, was alleges as follows: caused by ‘‘tactical ‘knife-fighting’ over approximately $168.2 million. competitive deals.’’ He later prepared a INTRODUCTION presentation for Bazaarvoice’s board of THE DEFENDANT AND THE 1. Many retailers and manufacturers directors in which he claimed the TRANSACTION purchase product ratings and reviews transaction would ‘‘[e]liminate platforms (‘‘PRR platforms’’) to collect [Bazaarvoice’s] primary competitor’’ and 11. Bazaarvoice is a publicly traded and display consumer-generated ‘‘reduc[e] comparative pricing Delaware corporation and is product ratings and reviews online. pressure.’’ headquartered in Austin, Texas. During Bazaarvoice provides the market-leading 6. In October 2011, Collins emailed its 2012 fiscal year, Bazaarvoice earned PRR platform, and PowerReviews was other senior Bazaarvoice executives to approximately $106.1 million in its closest competitor. No other PRR provide his perspective regarding the revenue. platform competitor has a significant potential acquisition. He recommended 12. PowerReviews was a privately number of PRR platform customers in that Bazaarvoice continue its pursuit of held Delaware corporation. Before the the United States. By acquiring PowerReviews because he feared price transaction, PowerReviews was PowerReviews, Bazaarvoice eliminated competition with PowerReviews would headquartered in San Francisco, its most significant rival and effectively impair the long-term value of California. During the 2011 calendar insulated itself from meaningful Bazaarvoice’s business. Collins believed year, the company earned competition. that Bazaarvoice had ‘‘literally, no other approximately $11.5 million in revenue.

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JURISDICTION site near the time of purchase. The 24. After moderation, the PRR 13. The United States brings this additional information provided by platform publishes approved action under Section 15 of the Clayton ratings and reviews can increase sales, submissions in a display interface on a Act, 15 U.S.C. § 25, to restrain decrease product returns, and attract client’s Web site. Many PRR platforms Bazaarvoice’s violation of Section 7 of more consumers to a retailer’s or display a summary of a product’s rating the Clayton Act, 15 U.S.C. § 18. manufacturer’s Web site. Ratings and and review information and allow 14. This Court has subject matter reviews also can provide valuable data consumers to view individual reviews jurisdiction over this action under about consumer preferences and for more detailed information. The Section 15 of the Clayton Act, 15 U.S.C. behavior, which retailers and review summary may display the §§ 4 and 25, and 28 U.S.C. §§ 1345 and manufacturers can use to make number of reviews, the product’s 1331. This Court also has subject matter inventory purchasing or product design average overall rating, a review jurisdiction under 28 U.S.C. § 1337, as decisions. distribution histogram, or information Bazaarvoice is engaged in a regular, 20. Ratings and reviews may also related to particular product attributes. continuous, and substantial flow of benefit a retailer or manufacturer by The display interface may also allow interstate commerce and activities boosting a product’s ranking on a search consumers to filter reviews according to substantially affecting interstate engine results page. Internet search their interests. commerce. Bazaarvoice sells PRR engine algorithms generally assign 25. Sophisticated PRR platforms allow platforms throughout the United States. higher rankings to Web sites with fresh manufacturers to share, or ‘‘syndicate,’’ 15. This Court has personal and unique content. Ratings and ratings and reviews with their retail jurisdiction over the Defendant. reviews are frequently updated, and this partners. Through the syndication Bazaarvoice transacts business and is content is highly tailored to the network, retailers can display reviews found within the Northern District of retailer’s or manufacturer’s product that were originally collected by a California. catalog. Accordingly, when ratings and product’s manufacturer. Syndication helps retailers obtain more content than VENUE reviews are indexed by a search engine, the underlying product pages will likely they could independently. 16. Venue is proper under Section 12 receive a higher ranking on a search Manufacturers and retailers both benefit of the Clayton Act, 15 U.S.C. § 22, and engine results page. from the ability to display more reviews 28 U.S.C. § 1391(b) and (c). 21. From a consumer’s perspective, at the point of sale. Syndication between a manufacturer and a retailer ratings and reviews are useful because INTRADISTRICT ASSIGNMENT using different PRR platforms is they can provide authentic information 17. Assignment to the San Francisco possible, but requires expensive, regarding another consumer’s Division is proper because this action customized integration work to connect experience with a particular product. arose in San Francisco County. A the platforms. substantial part of the events that gave Feedback from other consumers can 26. Some PRR platforms also include rise to the claim occurred in San help a prospective buyer make a more analytics software that manufacturers Francisco, and PowerReviews’ informed purchasing decision. Product and retailers use to analyze information headquarters and principal place of ratings and reviews often provide collected from ratings and reviews. With business was located in San Francisco information that is not easily these tools, manufacturers and retailers before the transaction. Bazaarvoice ascertainable when shopping online can track and analyze real-time continues to use PowerReviews’ former (e.g., quality of construction, fit, consumer sentiment. Manufacturers and headquarters as its San Francisco office. durability). retailers can use this information to 22. The software component of a PRR identify product design defects, make PRR PLATFORMS platform provides the user interface and product design decisions, or identify 18. PRR platforms enable review form for the collection and consumers for targeted marketing manufacturers and retailers to collect, display of ratings and reviews. Most efforts. organize, and display consumer- review forms prompt consumers to rate 27. PRR platforms are sold by generated product ratings and reviews a product on a five-star scale and offer Bazaarvoice and other commercial online. Consumer-generated product consumers an option to write an open- suppliers in direct sales processes that ratings and reviews (‘‘ratings and ended comment about their experience require a significant amount of time and reviews’’) represent feedback from with the product. Other forms also negotiation. Prices are individually consumers regarding their experiences allow consumers to rate products along negotiated, and each customer’s price is with a product. These submissions are several dimensions (e.g., product independent of the prices that other displayed on a retailer’s or appearance, ease of assembly, value). customers receive. Arbitrage, or indirect manufacturer’s Web site, allowing other 23. In addition to the technology purchasing from other customers, is not consumers to read feedback from components of their respective possible because customers cannot re- previous buyers before making a platforms, some PRR platform providers sell PRR platforms that they have purchasing decision. PRR platforms can also provide moderation services. After purchased from a commercial supplier. range from simple software solutions a a consumer submits a review, the PRR Accordingly, customers commonly company has developed with internal platform provider applies software receive different prices, even when resources to sophisticated commercial algorithms to scan the submission for purchasing similar products and platforms offering a combination of inappropriate or fraudulent content. services. software, moderation services, and data After the automated scan, a human 28. PRR platform providers negotiate analytics tools. moderator examines each submission to prices in light of each customer’s 19. Ratings and reviews are a popular ensure it complies with a particular demand characteristics, taking into feature for retailers and manufacturers client’s moderation standards. These account competitive alternatives. to display on their Web sites. Ratings moderation standards may vary between Bazaarvoice calls this method of setting and reviews can provide highly clients. For example, some clients may prices ‘‘value-based’’ pricing, meaning relevant, product-specific information prefer not to display references to their ‘‘the more value the [client] perceives, on a retailer’s or manufacturer’s Web competitors on their Web sites. the higher [Bazaarvoice’s] price point.’’

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During the sales process, it is typical for the company’s decision to acquire Internet Retailer 500 (‘‘IR 500’’), which a salesperson to ask the prospective PowerReviews was bolstered by its is an annual ranking of the 500 largest customer to divulge detailed current CEO’s belief that there are internet retailers in North America information related to its business, ‘‘literally, no other competitors’’ in the according to online sales revenue. which may include information related market. Through the removal of its most Bazaarvoice regularly tracks its IR 500 to (1) annual volume of online sales; (2) significant rival, Bazaarvoice acquired market position, and company product return rates; (3) historic the ability to profitably raise the price executives considered the impact that conversion rates; (4) e-commerce vendor of its platform above pre-merger levels. the acquisition of PowerReviews would relationships; or (5) project budgets. In fact, Bazaarvoice’s current CEO have on Bazaarvoice’s IR 500 market This process enables the PRR platform pressed for the company to acquire share. For example, in the diligence provider to assess the prospect’s PowerReviews because he anticipated memorandum prepared for the willingness to pay for a PRR platform. ‘‘pricing accretion’’ due to the company’s board of directors, After acquiring as much information as consolidation of the two firms. Bazaarvoice executives wrote, possible about the prospect, the PRR 33. Prospective customers routinely ‘‘[PowerReviews’] customer base platform provider offers a price that played Bazaarvoice and PowerReviews includes 86 IR 500 retailers who have aligns closely with its perception of the against each other during negotiations. resisted becoming Bazaarvoice prospect’s willingness to pay for its Consequently, a Bazaarvoice customers despite significant attempts product. ‘‘playbook’’ for competing with to displace [PowerReviews] from these 29. Throughout the course of the sales PowerReviews mandated that ‘‘[p]ricing accounts’’ and noted that the acquisition process, a salesperson will also ask only [be] delivered when [the of PowerReviews would ‘‘immediately whether a prospective customer is customer’s] BATNA and ZOPA have increase the IR 500 penetration of considering other competitive been clearly identified.’’ BATNA and Bazaarvoice by 49%.’’ Within the IR alternatives. In most cases, the presence ZOPA are acronyms which stand for 500, more than 350 retailers collect and of competition is relatively transparent. ‘‘best alternative to negotiated display ratings and reviews. Prospects routinely reveal the identity agreement’’ and ‘‘zone of possible Approximately 70% of these firms use of competitors during negotiations and agreement.’’ For many manufacturers a PRR platform provided by Bazaarvoice may even reveal the terms of and retailers, PowerReviews was the or PowerReviews. Most of the remaining competitive offers to improve their best alternative to a negotiated Web sites use in-house PRR solutions. bargaining position. Accordingly, agreement with Bazaarvoice. 37. In addition to purchasing a PRR suppliers adjust their pricing to account Accordingly, competitive pressure from platform from a commercial supplier, a for other competitive offers, depending PowerReviews frequently forced retailer or manufacturer seeking to on the nature of the threat posed by the Bazaarvoice to offer substantial price include ratings and reviews on its Web competition. discounts. site may elect to develop an in-house 34. Other commercial suppliers of PRR solution. For many retailers and RELEVANT MARKET PRR platforms are not sufficiently close manufacturers, however, it is 30. PRR platforms used by retailers substitutes to Bazaarvoice’s platform to impractical and cost-prohibitive to build and manufacturers are a relevant prevent a significant post-merger price an internal solution that can satisfy their product market and ‘‘line of commerce’’ increase. PowerReviews was the most business requirements. Accordingly, the within the meaning of Section 7 of the substantial restraint on Bazaarvoice’s acquisition particularly harms retailers Clayton Act. conduct in the United States before the and manufacturers for which an in- 31. The United States is a relevant merger, and no other competitor was a house solution is not an economically geographic market. PowerReviews was comparable rival. Bazaarvoice now faces viable alternative. routinely the only significant virtually the same competitive 38. For many retailers and competitive threat that Bazaarvoice landscape of ‘‘scarce’’ and ‘‘low quality’’ manufacturers, in-house PRR solutions faced in U.S.-based sales opportunities. alternatives that Brant Barton identified are not sufficiently close substitutes to As a result of the transaction, in April 2011. Bazaarvoice’s platform to impede a post- Bazaarvoice will be able to profitably 35. The absence of other meaningful merger price increase by Bazaarvoice. It impose targeted price increases on competitors also has been recognized by would be prohibitively expensive for retailers and manufacturers based in the both industry analysts and many customers to develop a PRR United States. PowerReviews’ former CEO, Pehr solution with functionality comparable Luedtke, in calling the PRR platform ELIMINATION OF HEAD-TO-HEAD to the features offered by Bazaarvoice, market a ‘‘duopoly.’’ Erin Defosse´, COMPETITION BETWEEN and it would be difficult to maintain the Bazaarvoice’s Vice President of Strategy, BAZAARVOICE AND same pace of innovation. Moreover, it has agreed that ‘‘[t]here really isn’t a POWERREVIEWS WILL HARM would be very complex and expensive market . . . to understand (as it relates RETAILERS AND MANUFACTURERS for a customer to perform the same level [to ratings and reviews]), it is of moderation. In-house solutions are A. Bazaarvoice’s acquisition of [Bazaarvoice] or PowerReviews.’’ only a viable option for customers that PowerReviews eliminated the Additionally, PowerReviews’ CEO, Ken are not interested in the full feature set company’s closest competitor and is Come´e, and PowerReviews’ Chief offered by Bazaarvoice (including likely to substantially lessen Financial Officer, Keith Adams, moderation and syndication services), competition. acknowledged that the combination of or customers that are willing to invest 32. Before the acquisition, Bazaarvoice and PowerReviews would heavily in ongoing platform Bazaarvoice was the leading commercial create a ‘‘[m]onopoly in the market’’ development to maintain the software supplier of PRR platforms, and when evaluating the anticipated benefits and create new features. PowerReviews was its closest of the acquisition. 39. Bazaarvoice is able to use competitor by a wide margin. 36. The commanding position information obtained during the sales Bazaarvoice’s former CEO occupied by Bazaarvoice and process to determine whether an in- acknowledged that ‘‘PowerReviews is PowerReviews is also readily apparent house PRR solution is an economically [Bazaarvoice’s] biggest competitor,’’ and from their combined market share in the viable alternative for a particular

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customer. Accordingly, in light of the PowerReviews had adopted a ‘‘scorched new competitive pressure’’ from merger, it will be a profit-maximizing earth approach to pricing,’’ which PowerReviews through an ‘‘aggressive strategy for Bazaarvoice to impose ‘‘force[d] all of [Bazaarvoice’s] current blitz campaign.’’ Svatek believed targeted price increases on customers prospects and customers to at least Bazaarvoice needed to ‘‘eradicate’’ that do not consider in-house solutions understand how and why there is such PowerReviews, and he proposed a to be a viable alternative. Faced with an a [difference] in price.’’ counterattack on the PowerReviews anticompetitive post-merger price 44. If a prospective customer was base. He advocated an ‘‘aggressive’’ increase, these customers would not unwilling to pay a premium over the approach to ‘‘unseat’’ PowerReviews develop an in-house solution or PowerReviews price, Bazaarvoice often from three of its largest accounts. abandon ratings and reviews altogether. responded with substantial price 48. It was common for Bazaarvoice to 40. Other social commerce products, discounts. Bazaarvoice frequently pursue PowerReviews customers in this including community platforms, matched the PowerReviews price or fashion. For example, in response to a forums, and question and answer offered a more favorable price than PowerReviews campaign targeting (‘‘Q&A’’) platforms, are also not PowerReviews. Tony Capasso, a Vice Bazaarvoice’s manufacturing clients, substitutes for PRR platforms. These President of Sales for Bazaarvoice, Bazaarvoice put into motion a plan to other social commerce products do not described this trend in a 2011 email ‘‘steal one or more major collect the same type of structured, regarding an apparel manufacturer’s [PowerReviews] clients . . . by offering product-level data associated with consideration of PowerReviews: ‘‘[L]ate them something they can’t refuse.’’ This ratings and reviews. Because PRR adopters see us as the stronger brand but strategy was intended to send a signal platforms and other social commerce struggle to justify 2X–3X greater costs to PowerReviews that Bazaarvoice was products serve different purposes, for a solution that looks somewhat the willing ‘‘to absorb some pain in return retailers and manufacturers routinely same. Even when we do show for handing [PowerReviews] major use PRR platforms in combination with differences some [prospects] don’t put client losses.’’ In at least two cases, one or more other social commerce enough stock in those differences to Bazaarvoice offered to provide its PRR products. justify the price [difference]. We may platform to large PowerReviews 41. As a result of Bazaarvoice’s need to battle on price in this case . . . customers for free. acquisition of PowerReviews, customers .’’ Bazaarvoice ultimately offered to 49. Before the acquisition, a number will lose critical negotiating leverage. match the price that PowerReviews had of manufacturers and retailers switched The elimination of PowerReviews has offered the apparel retailer, which between the Bazaarvoice and significantly enhanced Bazaarvoice’s represented a substantial discount from PowerReviews platforms. Many times ability and incentive to obtain more its initial proposal. these switches were spurred by favorable contract terms. Accordingly, 45. Even if PowerReviews was unable aggressive offers that were intended to many retailers and manufacturers will to win a customer’s business, its low displace the incumbent PRR platform now obtain less favorable prices and prices set the bar for negotiations and provider. As a result of the acquisition, contract terms than Bazaarvoice and compressed Bazaarvoice’s margins. however, Bazaarvoice will no longer PowerReviews would have offered Bazaarvoice employees viewed need to ‘‘absorb some pain’’ to attract separately absent the merger. PowerReviews as ‘‘an ankle-biter that PowerReviews clients to the cause[d] price pressure in deals,’’ and Bazaarvoice platform or retain B. PowerReviews’ ‘‘scorched earth acknowledged that many customers approach to pricing’’ applied customers in the face of lower prices brought PowerReviews into negotiations from PowerReviews. When significant pressure to Bazaarvoice in as a ‘‘lever to knock [Bazaarvoice] down competitive deals. recommending the transaction to the on price.’’ company’s board of directors, 42. Price competition with 46. PowerReviews also pursued Bazaarvoice executives noted that the Bazaarvoice was a core component of Bazaarvoice’s installed customer base. transaction would enable Bazaarvoice to PowerReviews’ business strategy. In some cases, PowerReviews convinced PowerReviews positioned itself as a Bazaarvoice customers to switch acquire large PowerReviews customers low-price alternative to Bazaarvoice and platforms. In other cases, an offer from that had ‘‘resisted becoming Bazaarvoice aggressively pursued Bazaarvoice’s PowerReviews provided additional customers despite significant attempts largest clients. The company set an leverage for the customer to negotiate to displace [PowerReviews].’’ Absent internal goal to ‘‘[b]e in every deal more favorable terms from Bazaarvoice. the transaction, they believed it was [Bazaarvoice] is in,’’ and encouraged In 2011, Alan Godfrey, Bazaarvoice’s ‘‘unlikely that [Bazaarvoice could] price competition by building a ‘‘cost General Manager of North American attract these retailers to [its] platform in structure to support price compression.’’ Retail, described this competitive the foreseeable future nor [sic] without As a result of price competition between dynamic as a ‘‘full frontal assault’’ by significant cost.’’ Bazaarvoice and PowerReviews, PowerReviews that was ‘‘successfully C. Bazaaarvoice and PowerReviews manufacturers and retailers obtained penetrating the [executive] ranks of engaged in ‘‘feature driven one- substantial discounts—sometimes in [Bazaarvoice’s] anchor clients and upmanship,’’ which drove both firms excess of 60%. convincing them to evaluate to innovate and develop new PRR 43. PowerReviews’ aggressive alternatives, or at least, negotiate platform features. approach to pricing frequently forced [Bazaarvoice] to lower price points.’’ 50. As PowerReviews and Bazaarvoice Bazaarvoice to defend its more 47. PowerReviews’ efforts to target grappled to differentiate their product expensive list prices. Responding to existing Bazaarvoice customers did not offerings, they developed new features competitive pressure from go unnoticed. In July 2011, and improved the functionality offered PowerReviews in July 2011, PowerReviews convinced a large by their respective platforms. Pehr Bazaarvoice’s Vice President of Retail electronics retailer to reevaluate its Luedtke, PowerReviews’ former CEO, Sales warned, ‘‘[PowerReviews] has relationship with Bazaarvoice. described the pattern of innovation been VERY active in almost all of our Afterwards, Mike Svatek, Bazaarvoice’s competition between Bazaarvoice and deals from small to large’’ (emphasis in Chief Strategy Officer, expressed PowerReviews in a 2010 email to a large original). He claimed that concern that Bazaarvoice was ‘‘seeing consumer products retailer: ‘‘[T]here are

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a lot of similarities between an internal announcement, Erin Defosse´, because most of the largest retail clients Bazaar[v]oice and PowerReviews when Bazaarvoice’s Head of Product Strategy, are already using the Bazaarvoice it comes to features . . . we have acknowledged that this move was in platform. Since its IPO, Bazaarvoice’s constantly traded places in terms of who response to PowerReviews’ open SEC filings have continued to identify leads and who fast follows.’’ Feature- syndication network. Brett Hurt was ‘‘powerful network effects’’ from driven competition between optimistic about his company’s new syndication as a ‘‘competitive strength[] Bazaarvoice and PowerReviews approach, stating, ‘‘I cannot wait until [that] differentiate[s] [Bazaarvoice] from hastened the pace of innovation and we turn the tables on PowerReviews [] competitors and serve[s] as [a] barrier made ratings and reviews an with their aggressive push. Our strategy to entry.’’ increasingly attractive proposition for is going to rock them and put them on 58. The acquisition of PowerReviews manufacturers and retailers. their heels.’’ He pushed for Bazaarvoice will extend the reach of Bazaarvoice’s 51. For example, PowerReviews began to execute on its plan to ‘‘destroy’’ network and deprive its remaining offering an ‘‘in-line SEO solution’’ in PowerReviews, urging ‘‘[PowerReviews] competitors of the scale that is January 2009. This was the first PRR is not waiting for us. . . . I want to aim necessary to truly compete. Even before platform feature to allow ratings and a big bazooka in their direction.’’ the acquisition, the company boasted to reviews to be indexed by search engines D. The anticompetitive effects of the potential investors, ‘‘[T]he power of directly from the product Web page, transaction will not be counteracted [Bazaarvoice’s] network effect and rather than a separate Web site designed by entry, repositioning, or merger- significant advantage on a global scale is for search engine optimization. specific efficiencies. starting to crowd out competition.’’ As PowerReviews positioned its SEO Stephen Collins predicted in October 55. Entry or expansion by other firms feature as a best-in-class offering and 2011, Bazaarvoice’s acquisition of is unlikely to alleviate the competitive targeted the shortcomings of PowerReviews threatens to ‘‘tip the harm caused by the transaction. Since Bazaarvoice’s SEO offering during sales scales in [Bazaarvoice’s] permanent its founding, Bazaarvoice has been the calls. Bazaarvoice quickly responded by favor on the network front.’’ During its largest commercial provider of PRR developing comparable functionality. diligence process for the transaction, platforms, and PowerReviews was its 52. Bazaarvoice, on the other hand, Bazaarvoice anticipated that the closest competitor. Other providers was the first company to create a review assimilation of major PowerReviews exist, but they have struggled to win syndication network that connected retailers into the Bazaarvoice network customers and gain market share. manufacturers and retailers. would ‘‘further increase[] . . . switching Bazaarvoice’s competitive position is PowerReviews responded by creating a costs’’ and ‘‘deepen[] [its] protective protected by substantial barriers to similar review syndication feature for its moat.’’ clients. PowerReviews eventually entry. 59. Bazaarvoice cannot demonstrate pushed the envelope even further, 56. Bazaarvoice’s syndication network merger-specific efficiencies sufficient to aggressively marketing an ‘‘open’’ is a formidable barrier to entry in the counteract the acquisition’s content syndication platform that market for PRR platforms. As more anticompetitive effects. facilitated syndication between manufacturers purchase Bazaarvoice’s manufacturers that were not PRR platform, the Bazaarvoice network CAUSE OF ACTION PowerReviews clients and retailers becomes more valuable to retailers (Violation of Section 7 of the Clayton using the PowerReviews platform. because it will allow them to gain access Act by Bazaarvoice) When PowerReviews announced its to a greater volume of ratings and reviews. Similarly, as more retailers 60. The United States realleges and open syndication network, it invited all incorporates paragraphs 1 through 59 as Bazaarvoice manufacturing clients to try purchase Bazaarvoice’s PRR platform, the Bazaarvoice network becomes more if set forth fully herein. its syndication service for free for 61. Bazaarvoice’s acquisition of valuable for manufacturers because it twelve months. PowerReviews is likely to substantially will allow them to syndicate content to 53. Bazaarvoice’s manufacturing lessen competition in interstate trade a greater number of retail outlets. The clients began to ask Bazaarvoice to and commerce in violation of Section 7 syndicate their reviews to retail partners feedback between manufacturers and of the Clayton Act, 15 U.S.C. § 18. retailers creates a network effect that is on the PowerReviews platform. 62. Among other things, the a significant and durable competitive Bazaarvoice initially resisted, in an transaction has had the following advantage for Bazaarvoice. attempt to maintain its ‘‘closed’’ anticompetitive effects: syndication platform. In communicating 57. Bazaarvoice has acknowledged the (a) Significant head-to-head this approach to Bazaarvoice’s sales importance of its syndication network competition between Bazaarvoice and leadership team, Michael Osborne, as a substantial barrier to entry that PowerReviews has been extinguished; Bazaarvoice’s Chief Revenue Officer protects its dominant position. Before (b) Bazaarvoice has significantly wrote, ‘‘[T]ell all of your teams . . . that its initial public offering in February reduced incentives to discount prices, we do not support syndication outside 2012, Bazaarvoice prepared a document increase the quality of its services, or of our network—and if we get requests for an investor roadshow in which it invest in innovation; for it, escalate to the top immediately. explained the ‘‘powerful network (c) Prices will likely increase to levels There’s a new competitive battle economies’’ created by linking retailers above those that would have prevailed coming.’’ Internally, Bazaarvoice to manufacturers. Bazaarvoice claimed absent the transaction, forcing retailers acknowledged that it was ‘‘making a that it competes in a ‘‘winner-take-all’’ and manufacturers to pay higher prices strategic choice not to create a custom market, and identified its ‘‘ability to for PRR platforms; and (and safe) version of [the content] feed leverage the data’’ from its customer (d) Quality and innovation for PRR for retailers outside of [the Bazaarvoice] base as ‘‘a key barrier [to] entry.’’ During platforms will likely be less than the network.’’ investor roadshows, the company levels that would have prevailed absent 54. Finally, Bazaarvoice relented to boasted, ‘‘[A]ny company entering the the transaction. customer pressure and began market would have to start from the developing a new offering to syndicate beginning by securing all of the retail REQUEST FOR RELIEF content to PowerReviews’ retailers. In clients,’’ which would be difficult 63. The United States requests that:

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(a) Bazaarvoice’s acquisition of By Alex G. Tse (CA Bar No. 152348) States in violation of Section 7 of the PowerReviews be adjudged to violate Office of the United States Attorney Clayton Act, 15 U.S.C. § 18. This loss of Section 7 of the Clayton Act, 15 U.S.C. Northern District of California competition would likely result in § 18; 450 Golden Gate Avenue higher prices for R&R platforms and less (b) the Court order Bazaarvoice to San Francisco, CA 94102 innovation. divest assets, whether possessed Telephone: (415) 436–7200 This matter was tried before Judge originally by PowerReviews, Facsimile: (415) 436–7234 William H. Orrick of the United States Bazaarvoice, or both, sufficient to create Email: [email protected] District Court for the Northern District a separate, distinct, and viable Peter K. Huston (CA Bar No. 150058) of California from September 23, 2013, competing business that can replace United States Department of Justice, through October 10, 2013. The parties PowerReviews’ competitive significance Antitrust Division called numerous fact and expert in the marketplace; 450 Golden Gate Avenue witnesses via live testimony and video (c) the United States be awarded the San Francisco, CA 94102 depositions, and offered a combined costs of this action; and Telephone: (415) 436–6660 total of 980 exhibits into evidence. (d) the United States be awarded any Facsimile: (415) 436–6687 On January 8, 2014, the Court issued other equitable relief the Court deems Email: [email protected] a Memorandum Opinion finding that just and proper. Michael D. Bonanno (DC Bar No. Bazaarvoice violated Section 7 of the Clayton Act when it acquired Dated: January 10, 2013 998208) PowerReviews, its ‘‘closest and only United States Department of Justice, For Plaintiff United States: serious competitor.’’ Mem. Op. at 141. Antitrust Division lll/s/lll Pursuant to the Court’s Order Regarding 450 Fifth Street, NW., Suite 7100 William J. Baer Remedy Phase, ECF No. 248, on Washington, DC 20530 Assistant Attorney General February 12, 2014, the United States Telephone: (202) 532–4791 filed a Motion for Entry of Final lll/s/lll Facsimile: (202) 616–8544 Judgment setting forth the elements of a Leslie C. Overton Email: [email protected] Deputy Assistant Attorney General remedy for Bazaarvoice’s unlawful Attorneys for Plaintiff United States of acquisition of PowerReviews, along lll/s/lll America Patricia A. Brink with a memorandum in support thereof. Director of Civil Enforcement UNITED STATES DISTRICT COURT ECF No. 249–3. On March 4, 2014, Bazaarvoice filed its Opposition to lll/s/lll FOR THE NORTHERN DISTRICT OF Plaintiff’s Motion for Entry of Final Mark W. Ryan CALIFORNIA SAN FRANCISCO Judgment. ECF No. 250–3. The United Director of Litigation DIVISION States filed its Reply Memorandum in lll/s/lll UNITED STATES OF AMERICA, Support of its Motion for Entry of Final Joseph Matelis Plaintiff, Judgment, ECF No. 251–3, along with an Chief Counsel for Innovation v. Amended Proposed Final Judgment, lll/s/lll BAZAARVOICE, INC., Defendant. ECF No. 251–5. James J. Tierney, Chief Case No. 13-cv-00133 WHO On April 24, 2014, the United States Networks & Technology Enforcement COMPETITIVE IMPACT STATEMENT filed a Stipulation and Proposed Order Section along with Plaintiff’s Second Amended Judge: Hon. William H. Orrick lll/s/lll Proposed Final Judgment and an N. Scott Sacks. Acting Assistant Chief COMPETITIVE IMPACT STATEMENT Explanation of Consent Decree Procedures. ECF No. 257. These Networks & Technology Enforcement Pursuant to Section 2(b) of the Section documents are collectively designed to Antitrust Procedures and Penalties Act eliminate the anticompetitive effects of lll/s/lll (‘‘APPA’’ or ‘‘Tunney Act’’), 15 U.S.C. Michael D. Bonanno (DC Bar No. the acquisition. The Proposed Final § 16(b)-(h), Plaintiff United States of Judgment, which is explained more 998208) America files this Competitive Impact United States Department of Justice fully below, will require Bazaarvoice to Statement relating to Plaintiff’s Second divest the assets it acquired from Networks & Technology Enforcement Amended Proposed Final Judgment, Section PowerReviews and adhere to other ECF No. 257, (‘‘Proposed Final requirements to replace the competition 450 Fifth Street, NW., Suite 7100 Judgment’’) submitted on April 24, Washington, DC 20530 that was lost in the United States R&R 2014, for entry in this civil antitrust platform market when Bazaarvoice Telephone: (202) 532–4791 proceeding. Fax: (202) 616–8544 acquired PowerReviews. Specifically, under the Proposed Final Email: [email protected] I. Judgment, Bazaarvoice is required to (1) Soyoung Choe (MD Bar, No Numbers NATURE AND PURPOSE OF THE divest all the tangible and intangible Assigned) PROCEEDING assets it acquired as part of the Aaron Comenetz (DC Bar No. 479572) On June 12, 2012, Defendant PowerReviews acquisition; (2) license Peter K. Huston (CA Bar No. 150058) Bazaarvoice, Inc. purchased the right to sell Bazaarvoice’s Ihan Kim (NY Bar, No Numbers PowerReviews, Inc. for approximately syndication services to the acquirer’s Assigned) $168.2 million. The United States filed customers; (3) remove trade secret Claude F. Scott, Jr. (DC Bar No. 414906) a civil antitrust Complaint against restrictions on current and former Adam T. Severt (MD Bar, No Number Bazaarvoice on January 10, 2013, Bazaarvoice employees who are hired Assigned) seeking to unwind the acquisition. The by the acquirer; (4) license its patents Attorneys for the United States Complaint alleged that the likely effect related to R&R platforms to the acquirer; lll/s/lll of this acquisition would be to lessen and (5) give customers the freedom to Melinda L. Haag (CA Bar No. 132612) competition substantially for ratings and switch from a Bazaarvoice R&R platform United States Attorney reviews (‘‘R&R’’) platforms in the United to one provided by the acquirer.

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The United States and Defendant have price increase of five or ten percent Bazaarvoice’s closest competitor. Id. at stipulated that the Proposed Final profitable because few customers would 74. Judgment may be entered after abandon R&R platforms in response to The Court found that the likelihood of compliance with the APPA. Entry of the such a price increase. Id. at 125–26. anticompetitive effects was supported Proposed Final Judgment would The United States is the relevant by the weight of the evidence produced terminate this action, except that the geographic market because a at trial. Id. at 103. More specifically, the Court would retain jurisdiction to hypothetical monopolist selling all R&R transaction is likely to lead to construe, modify, or enforce the platforms can identify and target price substantially higher prices for customers provisions of the Proposed Final increases to customers operating in the of Bazaarvoice’s R&R platforms. Id. at Judgment and to punish violations United States, and those customers 102–103. The evidence the Court relied thereof. cannot engage in arbitrage—using upon included win-loss data found in Bazaarvoice’s Salesforce database, data II. platforms sold for use in other countries. Id. at 51–53. The Court compiled from ‘‘how the deal was DESCRIPTION OF THE EVENTS concluded that it was appropriate to done’’ emails prepared by Bazaarvoice GIVING RISE TO THE VIOLATION define the geographic market by employees in the ordinary course of business, and other documentary A. The Defendant and the Transaction customer location. Id. at 53. Accord U.S. Dep’t of Justice & Fed. Trade Comm’n, evidence prepared in the ordinary Bazaarvoice provides the market- course of business. Id. at 103–06. leading R&R platform to manufacturers Horizontal Merger Guidelines § 4.2.2 and online retailers. Pre-merger, the vast (2010). 3. Entry and Expansion majority of Bazaarvoice’s customers 2. Competitive Effects The Court found that Bazaarvoice was purchased its R&R platform, and unable to rebut the United States’ prima subscription fees from R&R platforms The Court found that it is probable facie case by demonstrating that entry or accounted for the majority of that Bazaarvoice’s acquisition of expansion of existing providers would Bazaarvoice’s revenue. Bazaarvoice is a PowerReviews substantially lessened be sufficient to replace the competitive publicly traded Delaware corporation competition and will result in higher constraint previously provided by headquartered in Austin, Texas. prices for R&R platforms in the United PowerReviews. Id. at 75–83. The R&R PowerReviews was Bazaarvoice’s States. Id. at 102–118. To reach this platform market has significant entry closest, and only significant competitor conclusion, the Court found that the barriers. Id. at 93. The entry barriers in the provision of R&R platforms to United States established a prima facie identified by the Court include manufacturers and online retailers. Pre- case that Bazaarvoice’s acquisition of networks effects from syndication, merger, the vast majority of PowerReviews violated Section 7. Id. at switching costs, moderation, analytics, PowerReviews’ customers purchased its 62–73. Bazaarvoice’s acquisition of and reputation. Id. at 93–102. R&R platform, and subscription fees PowerReveiws significantly increased Syndication of R&R has becoming from R&R platforms accounted for the concentration in the already highly increasingly important to both vast majority of PowerReviews’ revenue. concentrated R&R platform market. manufacturers and retailers ‘‘because it PowerReviews was a privately held Several different measures of market allows them to obtain more content than Delaware corporation headquartered in shares within the relevant market they could independently.’’ Id. at 12. San Francisco, California. During the confirmed that, prior to the merger, Bazaarvoice recognized that its 2011 calendar year, the company earned Bazaarvoice and PowerReviews were syndication network differentiated it approximately $11.5 million in revenue. the two leading providers of commercial from its competitors and protected its PowerReviews closed the best quarter in R&R platforms, with a combined market dominant position. Id. at 95. The Court its history just prior to the acquisition. share in excess of that required for the found that these barriers to entry would Bazaarvoice acquired PowerReviews government to establish its prima facie insulate Bazaarvoice from competition. on June 12, 2012. The purchase price for case.1 Id. at 68–69. Specifically, the two Id. at 102. the transaction, including cash and non- market share measures principally None of the fringe competitors have cash consideration, was approximately relied upon by the Court gave achieved a meaningful level of $168.2 million. Bazaarvoice a post-merger market share commercial success; they are not likely, B. The Competitive Effects of the of 68 and 56 percent, respectively. Id. at therefore, to provide the same Transaction on the Market for R&R 64–65.2 To further support its market competitive constraint as PowerReviews Platforms in the United States share findings in a case where no before it was acquired by Bazaarvoice. ‘‘perfect measure’’ of market share was Id. at 75–76, 132–33. The Court also Relevant Markets 1. available, the Court relied on additional found that there was no evidence that The Court found that the relevant market share measures calculated using any large software company was likely product market is R&R platforms. Mem. various other methodologies and data to enter the R&R platform market. Id. at Op. at 41–42. Most online retailers sets. Id. at 65–68. These other market 87–93. would be unlikely to eliminate R&R share measures were generally The Court found that in-house supply entirely because R&R platforms have consistent with the measures of R&R platforms was not a viable become a necessary feature for online principally relied upon by the Court and alternative to commercial providers of retailers. Id. at 42. Thus, other social confirmed the robustness of the Court’s R&R platforms for many customers. Id. commerce products serve a different market share findings. Id. at 68. The at 83–86. Several factors, including cost purpose than R&R platforms, and Court also noted that PowerReviews was and the need for features such as therefore are not substitutes for such moderation and syndication, discourage platforms. Id. at 46. For that reason, 1 The Court also concluded that the R&R platform customers from choosing to build in- other social commerce products do not market did not contain any rapid entrants who house R&R platforms. Id. at 84–85. substantially constrain prices of R&R should be assigned market share. Id. at 130. Indeed, for customers who desire 2 Post-merger HHIs associated with these market platforms. The Court also found that a shares were 4,590 and 3,915, with merger-related syndication, in-house supply of R&R hypothetical monopolist of R&R HHI increases of 2,226 and 1,240, respectively. Id. platforms is not a viable option. Id. at platforms would find a non-transitory at 69. 85. In-house platforms, therefore, are

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not a significant constraint on developed for use with Bazaarvoice’s acquirer for four (4) years. Section V.A Bazaarvoice’s pricing. R&R platforms since June 12, 2012.3 of the Proposed Final Judgment requires Bazaarvoice must divest these assets Bazaarvoice to provide the acquirer and 4. Efficiencies to an acquirer acceptable to the United the acquirer’s customers with access to The Court found that the transaction States. The United States retains Bazaarvoice’s syndication network on discretion to accept or reject a proposed 5 did not, and was not likely to, result in non-discriminatory terms. To ensure sale agreement to ensure the acquirer cognizable, merger-specific efficiencies that the acquirer can offer these services can compete effectively in the business that will be passed through to customers at a competitive price, the Proposed of R&R platforms in the United States. Final Judgment further requires that the and sufficient to offset the The assets must be divested and/or fees for providing such services be anticompetitive effects of the licensed in such a way as to satisfy the based only on Bazaarvoice’s actual transaction. Id. at 121. Bazaarvoice did United States, in its sole discretion, that costs.6 not claim that the merger reduced the the assets can and will be operated by These provisions ensure that marginal costs of providing its services. the purchaser as a viable, ongoing customers will maintain access to Id. at 118. In addition, the Court found business that can compete effectively in syndication connections between the there was no evidence that the merger the business of R&R platforms in the two platforms after the sale of the caused increased innovation. Id. at 121. United States. Bazaarvoice must take all divestiture assets. Moreover, these III. reasonable steps necessary to provisions provide clients that switch accomplish the divestiture quickly. In from Bazaarvoice to the acquirer a EXPLANATION OF THE PROPOSED the event that Bazaarvoice does not guarantee that they will not lose access FINAL JUDGMENT accomplish the divestiture within ten to their syndication relationships on the (10) days after entry of the Final Bazaarvoice network. The cross-network The Proposed Final Judgment Judgment, the Final Judgment provides syndication provisions in the Proposed contains a structural remedy that, along that a trustee will complete the Final Judgment are of limited duration with other remedial measures, divestiture.4 The trustee will be selected sufficient to provide the acquirer time to eliminates the likely anticompetitive by the United States and appointed by build its own customer base and effects of the acquisition in the R&R the Court. establish an independent syndication platform market in the United States. B. Syndication Services network without establishing a long- The divestitures and other requirements The Court found that ‘‘Bazaarvoice’s term, on-going relationship between of the Proposed Final Judgment will syndication network is a barrier to entry Bazaarvoice and the acquirer as such create an independent and economically in the market for R&R platforms,’’ Mem. entanglements between competitors can viable competitor to replace the Op. at 93, and that ‘‘[b]esides be problematic.7 competition that was eliminated when PowerReviews, no crediblesyndication C. Waiver of Trade Secret Restrictions in Bazaarvoice acquired PowerReviews. competitor existed.’’ Id. at 98. To better Employment Agreements; Employee Specifically, the divestiture of the enable the divestiture buyer to Hiring Provisions PowerReviews assets, the license to successfully replace the competition Section IV.C of the Proposed Final certain Bazaarvoice patents, the license that PowerReviews would have Judgment requires Bazaarvoice to waive to sell Bazaarvoice’s syndication provided absent the merger, the acquirer trade secret restrictions related to its services, the removal of trade secret must have access to Bazaarvoice’s R&R technology and intellectual restrictions on current and former syndication network while it works to property rights for any of its current or Bazaarvoice employees, and the build its own syndication network. former employees who are hired by the freedom for customers to switch from a Thus, the Proposed Final Judgment acquirer. Through its illegal acquisition Bazaarvoice R&R platform to one requires Bazaarvoice to license the right of PowerReviews, Bazaarvoice obtained provided by the acquirer, will provide to sell its syndication services to the access to PowerReviews’ trade secrets, the acquirer of the divestiture assets which it could then leverage in its own with the tools needed to compete 3 Unlike the original Proposed Final Judgment research and development efforts. effectively in the R&R platform market and the Amended Proposed Final Judgment Conversely, Bazaarvoice has performed previously submitted by the United States, the in the United States. Second Amended Proposed Final Judgment does minimal maintenance on the PowerReviews R&R platform since the A. The Divestiture not require Bazaarvoice to license a copy of the latest Bazaarvoice R&R platform in the event less acquisition. Id. at 119. Waiving trade The Proposed Final Judgment requires than 80 percent of legacy PowerReviews customers secret restrictions for employees who remain on the PowerReviews R&R platform. The are hired by the acquirer will ensure Bazaarvoice, within ten (10) days after potential license of the Bazaarvoice R&R platform entry of the Final Judgment by the would only have been triggered if the that the acquirer, like Bazaarvoice, will Court, to divest (1) all of the assets PowerReviews customer base had diminished Bazaarvoice acquired when it purchased substantially at the time of the divestiture sale. 5 Section V.B of the Proposed Final Judgment Bazaarvoice’s agreement to enter into the Proposed gives the trustee appointed under Section VI PowerReviews on June 12, 2012; (2) all Final Judgment requiring the sale of the divestiture authority to investigate any complaints related to assets that were acquired, designed, assets within ten (10) days of entry of the Proposed the provision of syndication services. developed, or produced for use with the Final Judgment will help ensure that a critical mass 6 The original Proposed Final Judgment and the PowerReviews assets; (3) a license to of customers will remain on the PowerReviews R&R Amended Proposed Final Judgment previously platform at the time it is sold to an acquirer. In submitted by the United States contemplated an sell Bazaarvoice’s syndication services addition, Paragraphs Nine and Ten of the Joint upfront payment by the acquirer for syndication to the acquirer’s customers, along with Stipulation and Order prohibit Bazaarvoice from services. The Second Amended Proposed Final the technology and know-how to migrating legacy PowerReviews customers to a Judgment provides for a cost-based fee for the provide such access; (4) a list of Bazaarvoice platform prior to the sale of the provision of this service. This change in payment divestiture assets and require Bazaarvoice to terms will not impair the acquirer’s ability to customers that have either renewed incentivize customers to remain on the provide a competitive syndication service. their contracts or become new PowerReviews R&R platform pending the 7 In order to establish a successful syndication customers of Bazaarvoice since June 12, divestiture. network, a R&R provider needs a sufficient number 4 2012; and (5) a list of any The Proposed Final Judgment gives the United of manufacturing and retail customers that would States the option to extend the time Bazaarvoice has be interested in syndicating R&R to each other’s improvements, upgrades or features to divest the assets up to sixty (60) days. Web sites.

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benefit from the research and alternative to Bazaarvoice. Since services to the acquirer’s customers and development efforts undertaken by the acquiring PowerReviews, Bazaarvoice the provision of transition support combined firm after the merger closed. has expanded its dominant position in services. In the event Bazaarvoice fails Moreover, the acquirer will be able to the sale of R&R platforms. After to sell the divestiture assets pursuant to hire former Bazaarvoice employees to acquiring the PowerReviews assets, the Section IV of the Proposed Final develop new features without fear of acquirer’s market share will place it at Judgment, the trustee will also be being sued by Bazaarvoice for a disadvantage relative to where responsible for selling the divestiture misappropriation of trade secrets. These PowerReviews would have been today assets. provisions are necessary to provide the absent the merger. To expand its market The Proposed Final Judgment also acquirer with access to the product share, which is critical to its ability to provides that Bazaarvoice will pay all improvements Bazaarvoice has build an independent syndication costs and expenses of the trustee. The developed since the transaction closed. network, the acquirer needs an trustee will have access to all personnel, The Proposed Final Judgment also opportunity to effectively solicit books, records, and information prevents Bazaarvoice from interfering Bazaarvoice’s customers. As currently necessary to monitor Bazaarvoice’s with the acquirer’s efforts to hire any structured, Bazaarvoice’s contracts compliance with the Proposed Final current or former Bazaarvoice could deter its clients switching to the Judgment and, if necessary, effectuate employees. This will allow the acquirer acquirer mid-contract. Bazaarvoice’s the sale of the divestiture assets. After to negotiate employment agreements typical service contracts last for at least the trustee’s appointment becomes with the people who are most a one-year term. Trial Tr. 803:19– effective, the trustee will file monthly knowledgeable about the PowerReviews 804:10. And while the company’s reports with the Court and the United business and any advancements in R&R former CEO testified at trial that States setting forth his or her efforts to platform technology that have occurred customers typically have a right to accomplish the divestiture and monitor since the merger. terminate their agreements with thirty Bazaarvoice’s compliance with the Final Judgment. D. License to Bazaarvoice Patents days notice, id. at 804:1–3, that is not always the case.8 To provide the H. Stipulation and Order Provisions Section V.D of the Proposed Final acquirer with that opportunity, Section Judgment requires Bazaarvoice and the The parties entered into a Stipulation IV.H in the Proposed Final Judgment and Order, filed with the Court on April acquirer to enter into a patent licensing requires Bazaarvoice to waive breach of arrangement. The license shall be 24, 2014 and entered on April 25, 2014. contract claims against its customers if The Stipulation and Order requires provided at no ongoing cost to the they switch to the acquirer during a acquirer, and it will cover all of Bazaarvoice to abide by the terms of the limited period of time. In addition, Proposed Final Judgment pending its Bazaarvoice’s patents and patent Section IV.I in the Proposed Final applications related to R&R platforms as entry by the Court. To ensure that the Judgment will prevent conduct by divestiture assets retain a sufficient of the date the divestiture assets are Bazaarvoice that is intended to inhibit sold. This arrangement ensures that customer base to compete effectively in expansion by the divestiture buyer after the R&R platform market, Paragraph Bazaarvoice will not engage in strategic it acquires the PowerReviews assets. behavior to raise its rival’s costs through Nine of the Stipulation and Order To supplement the acquirer’s efforts prohibits Bazaarvoice from transferring litigation related to Bazaarvoice and to get Bazaarvoice customers to switch PowerReviews intellectual property that any current users of the PowerReviews to the acquirer’s R&R platform and aid R&R platform to a Bazaarvoice R&R were commingled through the in the transition period after the sale of transaction. platform before the divestiture assets are the divestiture assets, Section V.C of the sold. It also prohibits Bazaarvoice from E. Transition Services Agreement Proposed Final Judgment prohibits reaching any agreements with current Section IV.G of the Proposed Final Bazaarvoice from soliciting any PowerReviews R&R platform users to Judgment requires Bazaarvoice to customers that move to the acquirer’s transfer them to a Bazaarvoice R&R provide transitional support services to R&R platform for a period of six months platform. To further that same goal, the acquirer for up to one year following after the date of sale. This limited non- Paragraph Ten requires Bazaarvoice to the divestiture. These provisions are solicitation period during the first six implement a program designed to necessary to facilitate the seamless months after the sale will allow the encourage current PowerReviews R&R transition of the PowerReviews assets acquirer time to develop plans to retain platform customers to remain on the from Bazaarvoice to the acquirer. The its customers without interference from platform. Bazaarvoice. transition services will ensure that the I. Notification Provisions G. Trustee acquirer is capable of operating the Section XI of the Proposed Final divested assets, and that legacy Section VI of the Proposed Final Judgment requires Bazaarvoice to notify PowerReviews customers will not Judgment permits the appointment of a the United States in advance of experience service disruptions as a trustee by the United States, in its sole executing certain transactions that result of the divestiture. The agreement discretion. The United States intends to would not otherwise be reportable is limited to one year to give recommend a trustee for court approval. under the Hart-Scott-Rodino Antitrust Bazaarvoice and the acquirer sufficient The trustee will be responsible for Improvements Act of 1976. The time to facilitate the transition without monitoring Bazaarvoice’s compliance transactions covered by these provisions creating any unnecessary entanglement with the Final Judgment, and, if include the acquisition of any assets of, between the competitors. necessary, selling the divestiture assets. or any interest in, a company providing F. Customers’ Ability to Switch to the The trustee’s monitoring duties include R&R platforms in the United States if Acquirer investigating complaints regarding the purchase price exceeds $10,000,000. As a result of the merger, new R&R Bazaarvoice’s provision of syndication This provision ensures that the United platform customers, and existing States will have the ability to take action 8 In December 2013, press reports indicated that Bazaarvoice customers whose contracts Bazaarvoice sued two of its international customers in advance of transactions that could came up for renewal, were deprived of for breach of contract when they switched to a potentially impact competition in the the only significant commercial competitor. United States R&R platform market.

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IV. Antitrust Division benefit, if any, to be derived from a United States Department of Justice determination of the issues at trial. REMEDIES AVAILABLE TO 450 5th Street NW; Suite 7100 POTENTIAL PRIVATE LITIGANTS 15 U.S.C. § 16(e)(1)(A) & (B). In Washington, DC 20530 considering these statutory factors, the Section 4 of the Clayton Act, 15 The Proposed Final Judgment provides court’s inquiry is necessarily a limited U.S.C. § 15, provides that any person that the Court retains jurisdiction over one as the government is entitled to who has been injured as a result of this action, and the parties may apply to ‘‘broad discretion to settle with the conduct prohibited by the antitrust laws the Court for any order necessary or defendant within the reaches of the may bring suit in federal court to appropriate for the modification, public interest.’’ United States v. recover three times the damages the interpretation, or enforcement of the Microsoft Corp., 56 F.3d 1448, 1461 person has suffered, as well as costs and Final Judgment. (D.C. Cir. 1995); see generally United reasonable attorneys’ fees. Entry of the VI. States v. SBC Commc’ns, Inc., 489 F. Proposed Final Judgment will neither Supp. 2d 1 (D.D.C. 2007) (assessing impair nor assist the bringing of any ALTERNATIVES TO THE PROPOSED public interest standard under the private antitrust damage action. Under FINAL JUDGMENT Tunney Act); United States v. InBev the provisions of Section 5(a) of the The United States considered N.V./S.A., 2009–2 Trade Cas. (CCH) ¶ Clayton Act, 15 U.S.C. § 16(a), the pursuing the remedies set forth in the 76,736, 2009 U.S. Dist. LEXIS 84787, Proposed Final Judgment has no prima Amended Proposed Final Judgment, No. 08–1965 (JR), at *3, (D.D.C. Aug. 11, facie effect in any subsequent private filed with the Court on March 12, 2014, 2009) (noting that the court’s review of lawsuit that may be brought against through continued litigation. Continued a consent judgment is limited and only Defendant. litigation would have presented both inquires ‘‘into whether the government’s V. litigation risk and marketplace determination that the proposed uncertainty. Moreover, protracted remedies will cure the antitrust PROCEDURES AVAILABLE FOR litigation would have magnified the risk violations alleged in the complaint was MODIFICATION OF THE PROPOSED of attrition among the PowerReviews reasonable, and whether the mechanism FINAL JUDGMENT customer base. The United States is to enforce the final judgment are clear The United States and Defendant have satisfied that the requirements and and manageable.’’).9 stipulated that the Proposed Final prohibitions contained in the Second As the United States Court of Appeals Judgment may be entered by the Court Amended Proposed Final Judgment for the District of Columbia Circuit has after compliance with the provisions of provide a prompt, certain, and effective held, under the APPA a court considers, the APPA, provided that the United remedy for Bazaarvoice’s unlawful among other things, the relationship States has not withdrawn its consent. acquisition of PowerReviews. between the remedy secured and the The APPA conditions entry upon the specific allegations set forth in the VII. Court’s determination that the Proposed government’s complaint, whether the Final Judgment is in the public interest. STANDARD OF REVIEW UNDER THE decree is sufficiently clear, whether The APPA provides a period of at APPA FOR THE PROPOSED FINAL enforcement mechanisms are sufficient, least sixty (60) days preceding the JUDGMENT and whether the decree may positively effective date of the Proposed Final harm third parties. See Microsoft, 56 The Clayton Act, as amended by the F.3d at 1458–62. With respect to the Judgment within which any person may APPA, requires that proposed consent submit to the United States written adequacy of the relief secured by the judgments in antitrust cases brought by decree, a court may not ‘‘engage in an comments regarding the Proposed Final the United States be subject to a sixty- Judgment. Any person who wishes to unrestricted evaluation of what relief day comment period, after which the would best serve the public.’’ United comment should do so within sixty (60) court shall determine whether entry of days of the date of publication of this States v. BNS, Inc., 858 F.2d 456, 462 the Proposed Final Judgment ‘‘is in the (9th Cir. 1988) (citing United States v. Competitive Impact Statement in the public interest.’’ 15 U.S.C. § 16(e)(1). In Federal Register, or the last date of Bechtel Corp., 648 F.2d 660, 666 (9th making that determination, the court, in Cir. 1981)); see also Microsoft, 56 F.3d publication in a newspaper of the accordance with the statute as amended summary of this Competitive Impact at 1460–62; United States v. Alcoa, Inc., in 2004, is required to consider: 152 F. Supp. 2d 37, 40 (D.D.C. 2001); Statement, whichever is later. All (A) the competitive impact of such InBev, 2009 U.S. Dist. LEXIS 84787, at comments received during this period judgment, including termination of *3. Courts have held that: will be considered by the United States alleged violations, provisions for Department of Justice, which remains enforcement and modification, duration [t]he balancing of competing social and free to withdraw its consent to the of relief sought, anticipated effects of political interests affected by a proposed Proposed Final Judgment at any time alternative remedies actually antitrust consent decree must be left, in prior to the Court’s entry of judgment. considered, whether its terms are the first instance, to the discretion of the The comments and the response of the ambiguous, and any other competitive Attorney General. The court’s role in United States will be filed with the considerations bearing upon the protecting the public interest is one of Court. In addition, comments will be adequacy of such judgment that the insuring that the government has not posted on the U.S. Department of court deems necessary to a breached its duty to the public in Justice, Antitrust Division’s internet determination of whether the consent consenting to the decree. The court is Web site and, under certain judgment is in the public interest; and circumstances, published in the Federal 9 The 2004 amendments substituted ‘‘shall’’ for (B) the impact of entry of such ‘‘may’’ in directing relevant factors for court to Register. judgment upon competition in the consider and amended the list of factors to focus on Written comments should be relevant market or markets, upon the competitive considerations and to address submitted to: public generally and individuals potentially ambiguous judgment terms. Compare 15 alleging specific injury from the U.S.C. § 16(e) (2004), with 15 U.S.C. § 16(e)(1) James Tierney (2006); see also SBC Commc’ns, 489 F. Supp. 2d at Chief, Networks and Technology violations set forth in the complaint 11 (concluding that the 2004 amendments ‘‘effected Enforcement Section including consideration of the public minimal changes’’ to Tunney Act review).

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required to determine not whether a alleged harms.’’ SBC Commc’ns, 489 F. VIII. DETERMINATIVE DOCUMENTS particular decree is the one that will Supp. 2d at 17. There are no determinative materials Moreover, the Court’s role under the best serve society, but whether the or documents within the meaning of the APPA is limited to reviewing the settlement is ‘‘within the reaches of the APPA that were considered by the remedy in relationship to the violations public interest.’’ More elaborate United States in formulating the that the United States has alleged in its requirements might undermine the Proposed Final Judgment. effectiveness of antitrust enforcement by Complaint, and does not authorize the Dated: May 8, 2014 consent decree. court to ‘‘construct [its] own Respectfully submitted, Bechtel, 648 F.2d at 666 (emphasis hypothetical case and then evaluate the added) (citations omitted).10 In decree against that case.’’ Microsoft, 56 FOR PLAINTIFF determining whether a proposed F.3d at 1459; see also InBev, 2009 U.S. UNITED STATES OF AMERICA settlement is in the public interest, a Dist. LEXIS 84787, at *20 (‘‘the ‘public /s/Michael D. Bonanno district court ‘‘must accord deference to interest’ is not to be measured by Michael D. Bonanno comparing the violations alleged in the the government’s predictions about the United States Department of Justice complaint against those the court efficacy of its remedies, and may not Antitrust Division believes could have, or even should require that the remedies perfectly 450 Fifth Street, NW., Suite 7100 have, been alleged’’). Because the match the alleged violations.’’ SBC Washington, DC 20530 ‘‘court’s authority to review the decree Commc’ns, 489 F. Supp. 2d at 17; see Telephone: (202) 532–4791 depends entirely on the government’s also Microsoft, 56 F.3d at 1461 (noting Facsimile: (202) 616–8544 exercising its prosecutorial discretion by E-mail: [email protected] the need for courts to be ‘‘deferential to bringing a case in the first place,’’ it Attorneys for Plaintiff United States of the government’s predictions as to the follows that ‘‘the court is only America effect of the proposed remedies’’); authorized to review the decree itself,’’ United States v. Archer-Daniels- Peter K. Huston (CA Bar No. 150058) and not to ‘‘effectively redraft the United States Department of Justice, Midland Co., 272 F. Supp. 2d 1, 6 complaint’’ to inquire into other matters (D.D.C. 2003) (noting that the court Antitrust Division that the United States did not pursue. 450 Golden Gate Avenue should grant due respect to the United Microsoft, 56 F.3d at 1459–60. As this States’ prediction as to the effect of San Francisco, CA 94102 court confirmed in SBC Telephone: (415) 436–6660 proposed remedies, its perception of the Communications, courts ‘‘cannot look market structure, and its views of the Facsimile: (415) 436–6687 beyond the complaint in making the E-mail: [email protected] nature of the case). public interest determination unless the Courts have greater flexibility in complaint is drafted so narrowly as to Michael D. Bonanno (DC Bar No. approving proposed consent decrees make a mockery of judicial power.’’ SBC 998208) than in crafting their own decrees Commc’ns, 489 F. Supp. 2d at 15. United States Department of Justice, following a finding of liability in a In its 2004 amendments, Congress Antitrust Division litigated matter. ‘‘[A] proposed decree made clear its intent to preserve the 450 Fifth Street, NW., Suite 7100 must be approved even if it falls short practical benefits of utilizing consent Washington, DC 20530 of the remedy the court would impose decrees in antitrust enforcement, adding Telephone: (202) 532–4791 on its own, as long as it falls within the the unambiguous instruction that Facsimile: (202) 616–8544 range of acceptability or is ‘within the ‘‘[n]othing in this section shall be E-mail: [email protected] reaches of public interest.’’’ United construed to require the court to Attorneys for Plaintiff United States of States v. Am. Tel. & Tel. Co., 552 F. conduct an evidentiary hearing or to America Supp. 131, 151 (D.D.C. 1982) (citations require the court to permit anyone to UNITED STATES DISTRICT COURT omitted) (quoting United States v. intervene.’’ 15 U.S.C. § 16(e)(2). The FOR THE NORTHERN DISTRICT OF Gillette Co., 406 F. Supp. 713, 716 (D. language wrote into the statute what CALIFORNIA SAN FRANCISCO Mass. 1975)), aff’d sub nom. Maryland Congress intended when it enacted the DIVISION v. United States, 460 U.S. 1001 (1983); Tunney Act in 1974, as Senator Tunney United States v. National Broadcasting explained: ‘‘[t]he court is nowhere UNITED STATES OF AMERICA, Co., Inc, 449 F.Supp. 1127, 1143 (DCCal. compelled to go to trial or to engage in Plaintiff, 1978); see also United States v. Alcan extended proceedings which might have v. Aluminum Ltd., 605 F. Supp. 619, 622 the effect of vitiating the benefits of BAZAARVOICE, INC. Defendant. (W.D. Ky. 1985) (approving the consent prompt and less costly settlement Case No. 13-cv-00133 WHO decree even though the court would through the consent decree process.’’ have imposed a greater remedy). To 119 Cong. Rec. 24,598 (1973) (statement PLAINTIFF’S SECOND AMENDED meet this standard, the United States of Senator Tunney). Rather, the [PROPOSED] FINAL JUDGMENT ‘‘need only provide a factual basis for procedure for the public interest Judge: Hon. William H. Orrick concluding that the settlements are determination is left to the discretion of Hearing Date: April 25, 2014 reasonably adequate remedies for the the court, with the recognition that the Time: 9 a.m. court’s ‘‘scope of review remains 10 Cf. BNS, 858 F.2d at 464 (holding that the sharply proscribed by precedent and the at 71,980 (W.D. Mo. 1977) (‘‘Absent a showing of court’s ‘‘ultimate authority under the [APPA] is nature of Tunney Act proceedings.’’ corrupt failure of the government to discharge its limited to approving or disapproving the consent 11 duty, the Court, in making its public interest decree’’); United States v. Gillette Co., 406 F. Supp. SBC Commc’ns, 489 F. Supp. 2d at 11. finding, should . . . carefully consider the 713, 716 (D. Mass. 1975) (noting that, in this way, explanations of the government in the competitive the court is constrained to ‘‘look at the overall 11 See United States v. Enova Corp., 107 F. Supp. impact statement and its responses to comments in picture not hypercritically, nor with a microscope, 2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney order to determine whether those explanations are but with an artist’s reducing glass’’). See generally Act expressly allows the court to make its public reasonable under the circumstances.’’); S. Rep. No. Microsoft, 56 F.3d at 1461 (discussing whether ‘‘the interest determination on the basis of the 93–298, 93d Cong., 1st Sess., at 6 (1973) (‘‘Where remedies [obtained in the decree are] so competitive impact statement and response to the public interest can be meaningfully evaluated inconsonant with the allegations charged as to fall comments alone’’); United States v. Mid-Am. simply on the basis of briefs and oral arguments, outside of the ‘reaches of the public interest’’’). Dairymen, Inc., 1977–1 Trade Cas. (CCH) ¶ 61,508, that is the approach that should be utilized.’’).

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PLAINTIFF’S SECOND AMENDED certifications, and understandings, 2012 for use with Bazaarvoice’s PRR [PROPOSED] FINAL JUDGMENT relating to the PowerReviews business, Platform(s). D. ‘‘PowerReviews’’ means (1) Plaintiff United States of America including supply agreements; all PowerReviews, Inc., the company that filed its Complaint on January 10, 2013; customer lists, contracts, accounts, and was acquired by Bazaarvoice on June 12, Defendant Bazaarvoice, Inc., filed its credit records; and all repair and 2012, and (2) all the assets formerly of Answer on February 22, 2013, denying performance records and all other PowerReviews, Inc. the substantive allegations in the records relating to the PowerReviews business; and E. ‘‘PowerReviews Enterprise Complaint; this Court having conducted Platform’’ means all PowerReviews PRR a full trial on all issues of liability and ii. All intangible assets used in the development, production, servicing Platform products except for issued its findings of fact and PowerReviews Express (also referred to conclusions of law on January 8, 2014, and sale of the PowerReviews assets, including, but not limited to, all patents, as Bazaarvoice Express) products and holding that the acquisition of the Buzzillions web product. PowerReviews by Bazaarovice violated licenses and sublicenses, intellectual property, copyrights, trademarks, trade F. ‘‘PRR Platform’’ means the front- Section 7 of the Clayton Act, 15 U.S.C. end and back-end technologies, § 18; and names, service marks, service names, technical information, computer including features such as moderation, The United States and Defendant, by syndication, and analytics, that enables their respective attorneys, have software and related documentation, know-how, trade secrets, drawings, the collection, organization, storage, use consented to the entry of this Final and display of user-generated product Judgment; and blueprints, designs, design protocols, specifications for materials, ratings and reviews and related content Defendant agrees to be bound by the on a Web site. provisions of this Final Judgment specifications for parts and devices, safety procedures for the handling of G. ‘‘Transition Services Agreement’’ pending its approval by the Court; and means an agreement between Defendant The essence of this Final Judgment is materials and substances, all research data concerning historic and current and Acquirer for Defendant to provide the prompt and certain divestiture of all necessary transition services and certain assets and rights by Defendant to research and development relating to the PowerReviews assets, quality support to enable Acquirer to fully fully restore the competition eliminated operate the Divestiture Assets and by Bazaarvoice’s unlawful acquisition; assurance and control procedures, design tools and simulation capability, compete effectively in the market for It is hereby ORDERED, ADJUDGED providing PRR Platforms in the United AND DECREED: all manuals and technical information Defendant provides to its own States as of the date the Divestiture I. Jurisdiction employees, customers, suppliers, agents Assets are sold. or licensees, and all research data H. ‘‘Syndication Services’’ means the This Court has personal jurisdiction products and services currently over Bazaarvoice and subject matter concerning historic and current research and development efforts relating to the provided by Bazaarvoice, and any jurisdiction under Section 15 of the successor thereto, that provide the Clayton Act, 15 U.S.C. § 25. PowerReviews assets, including, but not limited to, designs of experiments, and ability to share product ratings and II. Definitions the results of successful and reviews and related content between two or more customers. As used in this Final Judgment: unsuccessful designs and experiments. A. ‘‘Acquirer’’ means the entity to 2. All tangible and intangible assets, III. Applicability whom Defendant divests the Divestiture as described above, that were acquired, A. This Final Judgment applies to Assets. developed, designed, or produced for Bazaarvoice as defined above, and all B. ‘‘Bazaarvoice’’ or ‘‘Defendant’’ use with the PowerReviews assets other persons in active concert or means Bazaarvoice, Inc., a Delaware described in II.C.1 since June 12, 2012. participation with it who receive actual corporation with its headquarters in 3. A license, for four (4) years, to notice of this Final Judgment by Austin, Texas, its successors and sell Bazaarvoice’s Syndication Services personal service or otherwise. assigns, and its subsidiaries, divisions, product or service offering to customers B. If, prior to complying with Section groups, affiliates, partnerships and joint of Acquirer as described in Section V.A. IV and VI of this Final Judgment, ventures, and their directors, officers, 4. All technology (whether Defendant sells or otherwise disposes of managers, agents, and employees. software, hardware, or both), know-how all or substantially all of their assets or C. ‘‘Divestiture Assets’’ means (including trade secrets), and other of lesser business units that include the 1. All tangible and intangible assets intellectual property rights necessary for Divestiture Assets, Defendant shall that were acquired by Bazaarvoice when Acquirer to provide access to require the purchaser to be bound by the it purchased the PowerReviews business Bazaarvoice’s Syndication Services to provisions of this Final Judgment. on June 12, 2012, including: its customers. Defendant need not obtain such an i. All tangible assets that 5. A list of all of Defendant’s agreement from the Acquirer of the comprise the PowerReviews business, customers that either (1) renewed a assets divested pursuant to this Final including research and development contract for the provision of a PRR Judgment. activities; all personal property, Platform with Defendant since June 12, inventory, materials, supplies, office 2012, or (2) became a new customer of IV. Divestiture furniture, computer systems, and other Defendant for a PRR Platform since June A. Defendant is ordered and directed tangible property and all assets used in 12, 2012. Such list shall include the to divest the Divestiture Assets within connection with the PowerReviews name of each such customer and the ten (10) days of the entry of the Final business; all licenses, permits and date on which the customer’s contract Judgment in this matter in a manner authorizations issued by any expires and/or is up for renewal. consistent with this Final Judgment to governmental organization relating to 6. A list of each feature, an Acquirer acceptable to the United the PowerReviews business; all improvement, upgrade or any other States, in its sole discretion. The United contracts, teaming arrangements, technology related to PRR Platforms that States, in its sole discretion, may agree agreements, leases, commitments, Defendant developed since June 12, to one or more extensions of this time

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period not to exceed sixty (60) calendar D. Defendant shall permit prospective that the Divestiture Assets can and will days in total, and shall notify the Court Acquirers of the Divestiture Assets to be used by Acquirer as part of a viable, in such circumstances. Defendant agrees have reasonable access to personnel and ongoing business of providing PRR to use its best efforts to divest the to make inspections of the physical Platforms in the United States. The Divestiture Assets as expeditiously as facilities; and access to any and all divestiture, whether pursuant to Section possible. financial, operational, or other IV or Section VI of this Final Judgment, B. Defendant shall inform any person documents and information customarily 1. shall be made to an Acquirer that, making inquiry regarding a possible provided as part of a due diligence in the United States’ sole discretion, has purchase of the Divestiture Assets that process. the intent and capability (including the they are being divested pursuant to this E. Defendant shall warrant to necessary managerial, operational, Final Judgment and provide that person Acquirer that each asset will be technical and financial capability) of with a copy of this Final Judgment. operational on the date of sale. competing effectively in the business of Defendant shall offer to furnish to all F. Defendant shall not take any action PRR Platforms; and prospective Acquirers, subject to that will impede in any way the 2. shall be accomplished so as to customary confidentiality assurances, permitting, operation, or divestiture of satisfy the United States, in its sole all information and documents relating the Divestiture Assets. discretion, that none of the terms of any G. At the election of Acquirer, to the Divestiture Assets customarily agreement between Acquirer and Defendant and Acquirer shall enter into provided in a due diligence process Defendant gives Defendant the ability a Transition Services Agreement for a except such information or documents unreasonably to raise Acquirer’s costs, period up to one (1) year from the date subject to the attorney-client privilege or to lower Acquirer’s efficiency, or of the divestiture. The Transition work-product doctrine. Defendant shall otherwise to interfere in the ability of Services Agreement shall enumerate all make available such information to the Acquirer to compete effectively. the duties and services that Acquirer United States and the Trustee at the requires of Defendant. Defendant shall V. Other Required Conduct same time that such information is perform all duties and provide any and made available to any other person. A. Defendant shall provide to all services required of Defendant under Acquirer and Acquirer’s customers C. Defendant shall provide Acquirer the Transition Services Agreement. Any access to Defendant’s syndication and the United States with information amendments, modifications or network for four (4) years following the relating to the personnel involved in the extensions of the Transition Services date of sale of the Divestiture Assets by: production, operation, development and Agreement may only be entered into 1. Providing Syndication Services sale of the Divestiture Assets, and all with the approval of the Court. according to the financial terms Bazaarvoice PRR Platforms, to enable H. After the sale of the Divestiture described in the fee schedule set forth Acquirer to make offers of employment. Assets until (1) the expiration of the in the definitive divestiture agreement. Defendant will not interfere with any current PRR Platform contract or (2) one The pricing contained in the fee negotiations by Acquirer to employ any year from the date of the letter described schedule shall reflect only Defendant’s of Defendant’s current or former in Section IV.I, whichever is later, for actual costs in providing the service employees. Interference with respect to any PRR Platform customer of with no additional fees or charges in this paragraph includes, but is not Defendant that wishes to become a PRR connection with the provision of this limited to, enforcement of non-compete Platform customer of Acquirer, service. The Acquirer may elect to pay clauses with regard to the Acquirer, and Defendant shall waive any potential Defendant directly or to have Defendant offers to increase salary or other benefits breach of contract claim related to the bill Acquirer’s customers for apart from those offered company-wide. transfer of that customer from Defendant Syndication Services; and In the event any current or former to Acquirer, notwithstanding any other 2. Providing Syndication Services employee(s) of Defendant accepts an agreement to the contrary. on non-discriminatory terms with offer of employment with Acquirer I. Within three (3) calendar days of respect to Defendant’s and Acquirer’s within six (6) months of the date of the the date of the sale of the Divestiture customers. For the avoidance of doubt, sale of the Divestiture Assets, Defendant Assets, Defendant shall send a letter to the following is a non-exhaustive list of will not seek to enforce any restrictions all persons who were customers of terms for which Defendant may not against or otherwise prohibit such Defendant as of the date of the sale of discriminate: employee(s) from using or disclosing to the Divestiture Assets notifying the i. Speed of content transmission; the Acquirer any of Defendant’s trade recipients of the divestiture and ii. server lag time and/or uptime; secrets, know-how or proprietary providing a copy of this Final Judgment. iii. alignment of product information related to PowerReviews’ or The letter shall also specifically inform databases; Defendant’s PRR Platform technology in customers of Defendant’s obligations iv. database synchronization; connection with the employee(s)’s under Section IV.H of this Final v. content presentation; employment with Acquirer, nor will Judgment. Acquirer shall have the vi. pricing to Defendant’s Defendant seek to impede or prohibit option to include its own letter with customers based on syndication Acquirer’s use of such trade secrets, Defendant’s letter. Defendant shall partner(s); know-how or proprietary information. provide the United States, and the vii. data fields transmitted or Nothing in this paragraph shall prevent Trustee, a copy of its letter at least three utilized; and Defendant from taking any appropriate (3) calendar days before it is sent. viii. integration with Question legal action against any of Defendant’s J. Unless the United States otherwise and Answer products. current or former employees who (1) consents in writing, the divestiture Nothing in this paragraph shall be accept an offer of employment with pursuant to Section IV, or by Trustee interpreted to permit Acquirer’s Acquirer and (2) remove tangible appointed pursuant to Section VI, of customers receiving Syndication documents (whether in hard-copy or this Final Judgment, shall include the Services from Defendant to violate any electronic form) or items from entire Divestiture Assets, and shall be terms of service that are applicable to all Bazaarvoice that contain trade secrets, accomplished in such a way as to satisfy of Defendant’s customers receiving know-how or proprietary information. the United States, in its sole discretion, Syndication Services.

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B. Defendant shall promptly notify persons hired by the Trustee, and the Defendant’s compliance with the other the Trustee and the United States of all terms of such persons’ compensation, terms of this Final Judgment. To the complaints, whether written or oral, it within one (1) day of hiring. extent such reports contain confidential receives relating to Section V.A of this C. Defendant shall not object to a sale or highly confidential information Final Judgment. The Trustee may by the Trustee on any ground other than under the Protective Order, such reports conduct an investigation of any the Trustee’s malfeasance. Any such shall not be filed in the public docket complaint and shall submit all findings objections by Defendant must be of the Court. Such reports shall include from any such investigation to the conveyed in writing to the United States the name, address, and telephone United States and Defendant. and the Trustee within ten (10) calendar number of each person who, during the C. Defendant shall refrain from days after the Trustee has provided the preceding month, made an offer to soliciting the customers acquired by notice required under Section VII. acquire, expressed an interest in Acquirer as part of the Divestiture D. The Trustee shall serve at the cost acquiring, entered into negotiations to Assets for six (6) months following the and expense of Defendant, on such acquire, or was contacted or made an date of sale of the Divestiture Assets. terms and conditions as the United inquiry about acquiring, any interest in D. Defendant shall provide to States approves, and shall account for the Divestiture Assets, and shall Acquirer, at no cost to Acquirer, an all monies derived from the sale of the describe in detail each contact with any irrevocable, fully paid-up perpetual and assets sold by the Trustee and all costs such person. The Trustee shall maintain non-exclusive license to all Bazaarvoice and expenses so incurred. After full records of all efforts made to divest patents and patent applications related approval by the Court of the Trustee’s the Divestiture Assets. to PRR Platforms issued or filed at the accounting, including any remaining G. If the Trustee has not accomplished time the Divestiture Assets are sold to fees for its services and those of any the divestiture ordered under this Final Acquirer. Defendant shall not sue any professionals and agents retained by the Judgment within six (6) months after PRR Platform customer of Acquirer for Trustee, all remaining money shall be appointment, the Trustee shall promptly infringement of any patent or patent paid to Defendant. The compensation of file with the Court a report setting forth application issued or filed at the time the Trustee and any professionals and (1) the Trustee’s efforts to accomplish the Divestiture Assets are sold relating agents retained by the Trustee shall be the required divestiture, (2) the reasons, to such customer’s use of any PRR on reasonable and customary terms. in the Trustee’s judgment, why the Platform or other Divestiture Asset With respect to work performed required divestiture has not been provided by Acquirer. pertaining to the divestiture, incentives accomplished, and (3) the Trustee’s E. Defendant is prohibited from based on the price and terms of the recommendations. To the extent such retaining a copy of or offering for sale divestiture and the speed with which it reports contain confidential or highly any of the Divestiture Assets described is accomplished may be provided. If the confidential information under the in Section II.C.1 and 2. Trustee and Defendant are unable to Protective Order, such reports shall not VI. Appointment of Trustee reach agreement on the Trustee’s or any be filed in the public docket of the agents’ or consultants’ compensation or Court. The Trustee shall at the same A. Upon application of the United other terms and conditions of time furnish such report to the United States, the Court shall appoint a Trustee engagement within fourteen (14) States which shall have the right to selected by the United States and calendar days of appointment of the make additional recommendations approved by the Court to monitor Trustee, the United States may, in its consistent with the purpose of the Final Defendant’s compliance with the sole discretion, take appropriate action, Judgment. The Court thereafter shall obligations set forth in this Final including making a recommendation to enter such orders as it deems Judgment, and, if necessary, effect the the Court. appropriate to carry out the purpose of sale of the Divestiture Assets. E. Defendant shall use its best efforts the Final Judgment. B. If Defendant has not sold the to assist the Trustee in accomplishing H. The Trustee shall serve until four Divestiture Assets during the period set the required divestiture and performing (4) years following the date of sale of the forth in Section IV.A, only the Trustee the other duties required of the Trustee Divestiture Assets. shall have the right to sell the by this Final Judgment. The Trustee and I. If the United States determines that Divestiture Assets. The Trustee shall any consultants, accountants, attorneys, the Trustee has ceased to act or failed have the power and authority to and other persons retained by the to act diligently or in a reasonably cost- accomplish the divestiture to an Trustee shall have full and complete effective manner, it may recommend the Acquirer acceptable to the United States access to the personnel, books, records, Court appoint a substitute Trustee. at such price and on such terms as are and facilities of Defendant, and then obtainable upon reasonable effort Defendant shall develop financial and VII. Notice and Court Approval of by the Trustee, subject to the provisions other information from Defendant as the Proposed Divestiture of Sections IV, V, VI, and VII of this Trustee may reasonably request, subject A. Within one (1) calendar day Final Judgment, and shall have such to reasonable protection for trade secret following execution of a definitive other powers as this Court deems or other confidential research, divestiture agreement, Defendant or the appropriate. Subject to Section VI.D of development, or commercial Trustee, whichever is then responsible this Final Judgment, the Trustee may information. Defendant shall take no for effecting the divestiture required hire at the cost and expense of action to interfere with or to impede the herein, shall notify the United States Defendant any investment bankers, Trustee’s accomplishment of the and the Court of any proposed attorneys, or other agents, who shall be divestiture or any other duties outlined divestiture required by Section IV or VI solely accountable to the Trustee, in this Final Judgment. of this Final Judgment. If the Trustee is reasonably necessary in the Trustee’s F. After appointment, the Trustee responsible, the Trustee shall similarly judgment to assist in the divestiture and shall file monthly reports with the notify Defendant; if Defendant is performance of the other duties required United States, Defendant, and the Court responsible, it shall similarly notify the of the Trustee by this Final Judgment. setting forth the Trustee’s efforts to Trustee. The notice shall set forth the The Trustee shall provide notice to the accomplish the divestiture ordered details of the proposed divestiture and United States and Defendant of all under this Final Judgment, and list the name, address, and telephone

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number of each person not previously acquiring, any interest in the Divestiture the Antitrust Division, Defendant shall identified who offered or expressed an Assets, and shall describe in detail each submit written reports or respond to interest in or desire to acquire any contact with any such person during written interrogatories, under oath if ownership interest in the Divestiture that period. Each such affidavit shall requested, relating to any of the matters Assets, together with full details of the also include a description of the efforts contained in this Final Judgment as may same. Defendant has taken to solicit buyers for be requested. B. Within three (3) calendar days of the Divestiture Assets, and to provide C. If at the time information or receipt by the United States of such required information to prospective documents are furnished by Defendant notice, the United States may request Acquirers, including the limitations, if to the United States, Defendant from Defendant, the proposed Acquirer, any, on such information. represents and identifies in writing the any other third party, or the Trustee, if B. Within twenty (20) calendar days material in any such information or applicable, additional information of the date of the sale of the Divestiture documents to which a claim of concerning the proposed divestiture, the Assets, Defendant shall deliver to the protection may be asserted under the proposed Acquirer, and any other United States an affidavit that describes Protective Order, then the United States potential Acquirer. Defendant and the in reasonable detail all actions shall give Defendant ten (10) calendar Trustee shall furnish any additional Defendant has taken and all steps days notice prior to divulging such information requested within five (5) Defendant has implemented on an material in any legal proceeding (other calendar days of the receipt of the ongoing basis to comply with Section V than a grand jury proceeding). request, unless the parties shall of this Final Judgment. Defendant shall XI. Notification otherwise agree. deliver to the United States an affidavit C. Within twenty-one (21) calendar describing any changes to the efforts A. Unless such transaction is days after receipt of the notice or within and actions outlined in Defendant’s otherwise subject to the reporting and fifteen (15) calendar days after the earlier affidavits filed pursuant to this waiting period requirements of the Hart- United States has been provided the section within fifteen (15) calendar days Scott-Rodino Antitrust Improvements additional information requested from after the change is implemented. Act of 1976, as amended, 15 U.S.C. Defendant, the proposed Acquirer, any C. Defendant shall keep all records of § 18a (the ‘‘HSR Act’’), Defendant, third party, and the Trustee, whichever all efforts made to preserve and divest without providing advance notification is later, the United States shall provide the Divestiture Assets until one year to the Antitrust Division, shall not written notice to Defendant and the after such divestiture has been directly or indirectly acquire any assets Trustee stating whether or not it objects completed. of or any interest, including any to the proposed divestiture. If the financial, security, loan, equity or X. Compliance Inspection United States provides written notice management interest, in a person that it does not object, the divestiture A. For the purposes of determining or providing PRR Platforms in the United may be consummated, subject only to securing compliance with this Final States during the term of this Final Defendant’s limited right to object to the Judgment, or of any related order, or of Judgment if the purchase price of such sale under Section VI.C of this Final determining whether the Final assets or interest exceeds $10,000,000. Judgment. Absent written notice that the Judgment should be modified or B. Such notification shall be provided United States does not object to the vacated, and subject to any legally to the Antitrust Division in the same proposed Acquirer or upon objection by recognized privilege, from time to time format as, and per the instructions the United States, a divestiture authorized representatives of the United relating to the Notification and Report proposed under Section IV or Section VI States Department of Justice, including Form set forth in the Appendix to Part shall not be consummated. Upon consultants and other persons retained 803 of Title 16 of the Code of Federal objection by Defendant under Section by the United States, shall, upon written Regulations as amended, except that the VI.C, a divestiture proposed under request of an authorized representative information requested in Items 5 Section VI shall not be consummated of the Assistant Attorney General in through 9 of the instructions must be unless approved by the Court. charge of the Antitrust Division, and on provided only about PRR Platforms. reasonable notice to Defendant, be Notification shall be provided at least VIII. Financing permitted: thirty (30) calendar days prior to Defendant shall not finance all or any 1. Access during Defendant’s office acquiring any such interest, and shall part of any purchase made pursuant to hours to inspect and copy, or at the include, beyond what may be required Section IV or VI of this Final Judgment. option of the United States, to require by the applicable instructions, the Defendant to provide hard copy or names of the principal representatives IX. Affidavits electronic copies of, all books, ledgers, of the parties to the agreement who A. Within twenty (20) calendar days accounts, records, data, and documents negotiated the agreement, and any of the entry of this Final Judgment, and in the possession, custody, or control of management or strategic plans every thirty (30) calendar days thereafter Defendant, relating to any matters discussing the proposed transaction. If until the divestiture has been completed contained in this Final Judgment; and within the 30-day period after under Section IV or VI, Defendant shall 2. To interview, either informally or notification, representatives of the deliver to the United States an affidavit on the record, Defendant’s officers, Antitrust Division make a written as to the fact and manner of its employees, or agents, who may have request for additional information, compliance with Section IV or VI of this their individual counsel present, Defendant shall not consummate the Final Judgment. Each such affidavit regarding such matters. The interviews proposed transaction or agreement until shall include the name, address, and shall be subject to the reasonable thirty (30) calendar days after telephone number of each person who, convenience of the interviewee and submitting all such additional during the preceding thirty (30) without restraint or interference by information. Early termination of the calendar days, made an offer to acquire, Defendant. waiting periods in this paragraph may expressed an interest in acquiring, B. Upon the written request of an be requested and, where appropriate, entered into negotiations to acquire, or authorized representative of the granted in the same manner as is was contacted or made an inquiry about Assistant Attorney General in charge of applicable under the requirements and

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provisions of the HSR Act and rules ‘‘Anhydrous Ammonia,’’ to the Office of authorizes this information collection. promulgated thereunder. This Section Management and Budget (OMB) for See 29 U.S.C. 651, 657. shall be broadly construed and any review and approval for continued use, This information collection is subject ambiguity or uncertainty regarding the without change, in accordance with the to the PRA. A Federal agency generally filing of notice under this Section shall Paperwork Reduction Act of 1995 cannot conduct or sponsor a collection be resolved in favor of filing notice. (PRA), 44 U.S.C. 3501 et seq. Public of information, and the public is comments on the ICR are invited. generally not required to respond to an XII. No Reacquisition DATES: The OMB will consider all information collection, unless it is Defendant may not reacquire any part written comments that agency receives approved by the OMB under the PRA of the Divestiture Assets during the term on or before June 19, 2014. and displays a currently valid OMB of this Final Judgment. Control Number. In addition, ADDRESSES: A copy of this ICR with notwithstanding any other provisions of XIII. Retention of Jurisdiction applicable supporting documentation; law, no person shall generally be subject This Court retains jurisdiction to including a description of the likely to penalty for failing to comply with a enable any party to this Final Judgment respondents, proposed frequency of collection of information that does not to apply to this Court at any time for response, and estimated total burden display a valid Control Number. See 5 further orders and directions as may be may be obtained free of charge from the CFR 1320.5(a) and 1320.6. The DOL necessary or appropriate to carry out or RegInfo.gov Web site at http:// obtains OMB approval for this construe this Final Judgment, to modify www.reginfo.gov/public/do/ _ information collection under Control any of its provisions, to enforce PRAViewICR?ref nbr=201403-1218-006 Number 1218–0208. compliance, and to punish violations of (this link will only become active on the OMB authorization for an ICR cannot its provisions. day following publication of this notice) be for more than three (3) years without or by contacting Michel Smyth by renewal, and the current approval for XIV. Expiration of Final Judgment telephone at 202–693–4129, TTY 202– this collection is scheduled to expire on Unless this Court grants an extension, 693–8064, (these are not toll-free May 31, 2014. The DOL seeks to extend _ _ this Final Judgment shall expire ten numbers) or by email at DOL PRA PRA authorization for this information years from the date of its entry. [email protected]. collection for three (3) more years, Submit comments about this request XV. Public Interest Determination without any change to existing by mail or courier to the Office of requirements. The DOL notes that Entry of this Final Judgment is in the Information and Regulatory Affairs, existing information collection public interest. The parties have Attn: OMB Desk Officer for DOL–OSHA, requirements submitted to the OMB complied with the requirements of the Office of Management and Budget, receive a month-to-month extension Antitrust Procedures and Penalties Act, Room 10235, 725 17th Street NW., while they undergo review. For 15 U.S.C. § 16, including making copies Washington, DC 20503; by Fax: 202– additional substantive information available to the public of this Final 395–6881 (this is not a toll-free about this ICR, see the related notice _ Judgment, the Competitive Impact number); or by email: OIRA published in the Federal Register on Statement, and any comments thereon [email protected]. Commenters December 26, 2013 (78 FR 78393). and the United States’ responses to are encouraged, but not required, to Interested parties are encouraged to comments. Based upon the record send a courtesy copy of any comments send comments to the OMB, Office of before the Court, which includes the by mail or courier to the U.S. Information and Regulatory Affairs at Competitive Impact Statement and any Department of Labor-OASAM, Office of the address shown in the ADDRESSES comments and response to comments the Chief Information Officer, Attn: section within 30 days of publication of filed with the Court, entry of this Final Departmental Information Compliance this notice in the Federal Register. In Judgment is in the public interest. Management Program, Room N1301, order to help ensure appropriate IT IS SO ORDERED. 200 Constitution Avenue NW., consideration, comments should Dated: lllllllllllllll Washington, DC 20210; or by email: mention OMB Control Number 1218– _ _ lllllllllllllllllll DOL PRA [email protected]. 0208. The OMB is particularly HON. WILLIAM H. ORRICK FOR FURTHER INFORMATION CONTACT: interested in comments that: • United States District Judge Michel Smyth by telephone at 202–693– Evaluate whether the proposed collection of information is necessary [FR Doc. 2014–11577 Filed 5–19–14; 8:45 am] 4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_ for the proper performance of the BILLING CODE P [email protected]. functions of the agency, including SUPPLEMENTARY INFORMATION: whether the information will have practical utility; DEPARTMENT OF LABOR Authority: 44 U.S.C. 3507(a)(1)(D). • Evaluate the accuracy of the This ICR seeks to extend PRA agency’s estimate of the burden of the Agency Information Collection authority for the Anhydrous Ammonia proposed collection of information, Activities; Submission for OMB Storage and Handling Standard including the validity of the Review; Comment Request; information collection requirements methodology and assumptions used; Anhydrous Ammonia Storage and codified in regulations 29 CFR • Enhance the quality, utility, and Handling Standard 1910.111. Markings the Standard clarity of the information to be AGENCY: Office of the Secretary, DOL. requires help to ensure that employers collected; and • ACTION: Notice. use only properly designed and tested Minimize the burden of the containers and systems to store collection of information on those who SUMMARY: The Department of Labor anhydrous ammonia, thereby, are to respond, including through the (DOL) is submitting the Occupational preventing accidental release of, and use of appropriate automated, Safety and Health Administration exposure of workers to, this highly toxic electronic, mechanical, or other (OSHA) sponsored information and corrosive substance. The technological collection techniques or collection request (ICR) titled, Occupational Safety and Health Act other forms of information technology,

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e.g., permitting electronic submission of Attn: OMB Desk Officer for DOL–OSHA, receive a month-to-month extension responses. Office of Management and Budget, while they undergo review. For Agency: DOL–OSHA. Room 10235, 725 17th Street NW., additional substantive information Title of Collection: Anhydrous Washington, DC 20503; by Fax: 202– about this ICR, see the related notice Ammonia Storage and Handling 395–6881 (this is not a toll-free published in the Federal Register on Standard. number); or by email: OIRA_ December 26, 2013 (78 FR 78396). OMB Control Number: 1218–0208. [email protected]. Commenters Interested parties are encouraged to Affected Public: Private Sector— are encouraged, but not required, to send comments to the OMB, Office of businesses or other for-profits. send a courtesy copy of any comments Information and Regulatory Affairs at Total Estimated Number of by mail or courier to the U.S. the address shown in the ADDRESSES Respondents: 2,030. Department of Labor-OASAM, Office of section within 30 days of publication of Total Estimated Number of the Chief Information Officer, Attn: this notice in the Federal Register. In Responses: 2,030. Departmental Information Compliance order to help ensure appropriate Total Estimated Annual Time Burden: Management Program, Room N1301, consideration, comments should 345 hours. 200 Constitution Avenue NW., mention OMB Control Number 1218– Total Estimated Annual Other Costs Washington, DC 20210; or by email: 0226. The OMB is particularly Burden: $0. [email protected]. interested in comments that: Dated: May 13, 2014. FOR FURTHER INFORMATION CONTACT: • Evaluate whether the proposed Michel Smyth, Contact Michel Smyth by telephone at collection of information is necessary Departmental Clearance Officer. 202–693–4129, TTY 202–693–8064, for the proper performance of the [FR Doc. 2014–11524 Filed 5–19–14; 8:45 am] (these are not toll-free numbers) or by functions of the agency, including _ _ BILLING CODE 4510–26–P email at DOL PRA [email protected]. whether the information will have Authority: 44 U.S.C. 3507(a)(1)(D). practical utility; • Evaluate the accuracy of the SUPPLEMENTARY INFORMATION: This ICR DEPARTMENT OF LABOR seeks to extend PRA authority for the agency’s estimate of the burden of the proposed collection of information, Office of the Secretary Manlifts Standard information collection requirements codified in including the validity of the methodology and assumptions used; Agency Information Collection regulations 29 CFR 1910.68(e). More • specifically the standard requires an Enhance the quality, utility, and Activities; Submission for OMB clarity of the information to be Review; Comment Request; Manlifts Occupational Safety and Health Act (OSHAct) covered employer to create collected; and Standard • Minimize the burden of the and maintain a certification record of collection of information on those who ACTION: Notice. each manlift inspection. The standard are to respond, including through the also provides that the employer must use of appropriate automated, SUMMARY: The Department of Labor inspect each manlift at least once every electronic, mechanical, or other (DOL) is submitting the Occupational 30 days and to check limit switches technological collection techniques or Safety and Health Administration weekly. The OSHAct authorizes this other forms of information technology, (OSHA) sponsored information information collection. See 29 U.S.C. e.g., permitting electronic submission of collection request (ICR) titled, ‘‘Manlifts 651, 657. Standard,’’ to the Office of Management This information collection is subject responses. and Budget (OMB) for review and to the PRA. A Federal agency generally Agency: DOL–OSHA. approval for continued use, without cannot conduct or sponsor a collection Title of Collection: Manlifts Standard. change, in accordance with the of information, and the public is OMB Control Number: 1218–0226. Paperwork Reduction Act of 1995 generally not required to respond to an Affected Public: Private sector— (PRA), 44 U.S.C. 3501 et seq. Public information collection, unless it is businesses or other for-profits. comments on the ICR are invited. approved by the OMB under the PRA Total Estimated Number of DATES: The OMB will consider all and displays a currently valid OMB Respondents: 3,000. written comments that agency receives Control Number. In addition, Total Estimated Number of on or before June 19, 2014. notwithstanding any other provisions of Responses: 36,042. Total Estimated Annual Time Burden: ADDRESSES: A copy of this ICR with law, no person shall generally be subject applicable supporting documentation; to penalty for failing to comply with a 37,801 hours. Total Estimated Annual Other Costs including a description of the likely collection of information that does not Burden: $0. respondents, proposed frequency of display a valid Control Number. See 5 response, and estimated total burden CFR 1320.5(a) and 1320.6. The DOL Dated: May 13, 2014. may be obtained free of charge from the obtains OMB approval for this Michel Smyth, RegInfo.gov Web site at http:// information collection under Control Departmental Clearance Officer. www.reginfo.gov/public/do/ Number 1218–0226. [FR Doc. 2014–11526 Filed 5–19–14; 8:45 am] _ PRAViewICR?ref nbr=201403-1218-002 OMB authorization for an ICR cannot BILLING CODE 4510–26–P (this link will only become active on the be for more than three (3) years without day following publication of this notice) renewal, and the current approval for or by contacting Michel Smyth by this collection is scheduled to expire on LEGAL SERVICES CORPORATION telephone at 202–693–4129, TTY 202– May 31, 2014. The DOL seeks to extend 693–8064, (these are not toll-free PRA authorization for this information Sunshine Act Meeting numbers) or by email at DOL_PRA_ collection for three (3) more years, [email protected]. without any change to existing TIME AND DATE: The Legal Services Submit comments about this request requirements. The DOL notes that Corporation’s Board of Directors and its by mail or courier to the Office of existing information collection Audit Committee will meet Information and Regulatory Affairs, requirements submitted to the OMB telephonically on May 22, 2014. The

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meetings will commence at 3 p.m., EDT, Act. Upon request, meeting notices and process associated with the with an Audit Committee meeting materials will be made available in development of the PEIS. The scoping followed by a Board meeting that will alternative formats to accommodate meetings locations and dates are continue until the conclusion of the individuals with disabilities. provided under SUPPLEMENTARY Board’s agenda. Individuals who need other INFORMATION below. PLACE: F. William McCalpin Conference accommodations due to disability in DATES: Interested parties are invited to Center, Legal Services Corporation order to attend the meeting in person or submit comments on environmental Headquarters, 3333 K Street NW., telephonically should contact Katherine issues and concerns, preferably in Washington, DC 20007. Ward, at (202) 295–1500 or FR_ writing, on or before July 7, 2014, to _ STATUS: Public Observation: Members of NOTICE [email protected], at least assure full consideration during the the public who are unable to attend in 2 business days in advance of the scoping process. person but wish to listen to the public meeting. If a request is made without ADDRESSES: Comments submitted by proceedings may do so by following the advance notice, LSC will make every mail should be addressed to Mr. Donald telephone call-in directions provided effort to accommodate the request but Dankert, Environmental Management below. cannot guarantee that all requests can be Branch, NASA Kennedy Space Center, fulfilled. Mail Code: TA–A4C, Kennedy Space Call-in Directions for Open Sessions Dated: May 15, 2014. Center, FL 32899. • Call toll-free number: 1–866–451– Stefanie K. Davis, Comments may be submitted via 4981; Assistant General Counsel. email to ksc-dl-centerwide-eis@ • mail.nasa.gov. When prompted, enter the [FR Doc. 2014–11707 Filed 5–16–14; 11:15 am] following numeric pass code: BILLING CODE 7050–01–P FOR FURTHER INFORMATION CONTACT: Mr. 5907707348 Donald Dankert, Environmental • When connected to the call, please Management Branch, NASA Kennedy immediately ‘‘MUTE’’ your telephone. Space Center, Mail Code: TA–A4C, Members of the public are asked to NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Kennedy Space Center, FL 32899, keep their telephones muted to Email: [email protected], eliminate background noises. To avoid [Notice (14–042)] Telephone: (321) 861–1196. disrupting the meeting, please refrain Additional KSC information may be National Environmental Policy Act: from placing the call on hold if doing so found on the internet at: http:// Kennedy Space Center (KSC); Center- will trigger recorded music or other www.nasa.gov/centers/kennedy/home/. wide Operations sound. From time to time, the presiding SUPPLEMENTARY INFORMATION: Chair may solicit comments from the AGENCY: National Aeronautics and Background public. Space Administration. Status of Meetings: Open. ACTION: Notice of Intent to Prepare a This PEIS is being prepared in MATTERS TO BE CONSIDERED: Programmatic Environmental Impact conjunction with an updated Center Audit Committee Statement (PEIS) and Conduct PEIS Master Plan (CMP) to evaluate potential Scoping. environmental impacts from proposed 1. Approval of agenda Center-wide operations and activities 2. Briefing on LSC’s Form 990 for FY SUMMARY: Pursuant to the National for a 20-year planning horizon from 2013 Environmental Policy Act (NEPA), as 2012–2032. The PEIS will consider a • David Richardson, Treasurer/ amended, (42 U.S.C. 4321 et seq.), the range of future scenarios from Comptroller Council on Environmental Quality repurposing existing facilities and 3. Public Comment Regulations for Implementing the recapitalizing infrastructure, to 4. Consider and act on other business Procedural Provisions of NEPA; 40 Code reorganizing KSC management of its 5. Consider and act on adjournment of of Federal Regulations (CFR) Parts land resources with various types of meeting 1500–1508; and NASA policy and commercial partnerships. The PEIS is Board of Directors procedures, 14 CFR part 1216, Subpart intended to ensure NASA is in 1216.3, NASA intends to prepare a PEIS compliance with applicable 1. Approval of agenda covering Center-wide operations at KSC. environmental statutes as it sets 2. Consider and act on the Board of The United States (U.S.) Fish and program priorities for future operations Directors’ transmittal to accompany Wildlife Service (USFWS), National and activities. the Inspector General’s Semiannual Park Service (NPS), and the Federal A CMP for Kennedy was developed in Report to Congress for the period of Aviation Administration (FAA) will 2002 with a 50-year planning horizon. October 1, 2013 through March 30, serve as Cooperating Agencies. They NASA Policy Directive 8810.2, Master 2014 possess both regulatory authority and Planning for Real Property, requires the 2. Public Comment specialized expertise regarding the PEIS CMP to be updated every five years. The 3. Consider and act on other business subject Proposed Action. 2008 CMP update was based on the now 4. Consider and act on adjournment of The purpose of this notice is to cancelled Constellation Program, while meeting apprise interested agencies, the current CMP update will guide KSC FOR FURTHER INFORMATION CONTACT: organizations, tribal governments, and as it transitions towards a multiuser Katherine Ward, Executive Assistant to individuals of NASA’s intent to prepare spaceport over the next 20 years. the Vice President & General Counsel, at the PEIS and request input regarding (202) 295–1500. Questions may be sent environmental issues and concerns KSC History by electronic mail to FR_NOTICE_ associated with the Proposed Action In the late 1950s the U.S. embarked [email protected]. and alternative(s). on a new era of human space Accessibility: LSC complies with the In cooperation with USFWS, NPS, exploration. The first human space Americans with Disabilities Act and and FAA, NASA will hold two public flight initiative was Project Mercury in Section 504 of the 1973 Rehabilitation scoping meetings as part of the NEPA 1958. The crewed spacecraft first

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launched from Cape Canaveral Air B. Both pads are close to the ocean and NASA operations into a smaller Force Station (CCAFS) in the early three miles (five km) east of the Vehicle geographic footprint is a major 1960s. In 1963 NASA’s Launch Assembly Building. From 1969–1972, component of the future land use plan. Operations Center and portions of LC–39 was the departure point for all Applying the Central Campus concept, CCAFS used by NASA were renamed six Apollo manned moon-landing for example, allows NASA to the John F. Kennedy Space Center. missions using the Saturn V rocket. LC– recapitalize functions and capabilities Project Mercury was followed by Project 39 was used from 1981–2011 for all into higher-efficiency facilities and Gemini, which served to perfect Space Shuttle launches. The Shuttle combine nonhazardous and spread out maneuvers in Earth’s orbit. The Apollo Landing Facility, located just to the functions into a more efficient, smaller, Program began in 1961, and aboard north, was used for most Shuttle secured geographic footprint. Likewise, Apollo 11, American astronauts landings. At 15,000 feet (4,572 meters or directing future NASA and non-NASA successfully landed on the moon and 2.8 miles) it is among the longest development into functional areas with returned safely to Earth in July 1969. runways in the world. The KSC defined, allowable operations will Eventually, seven Apollo missions Industrial Area, where many of the streamline safety and security landed 12 astronauts on the moon, the Center’s support facilities are located, is considerations while promoting last of which was in December 1972. five miles (eight kilometers) south of maximum utilization of KSC’s In the mid-1970s, NASA initiated LC–39. It includes the Headquarters horizontal infrastructure capacities. In development of the Space Building, the Operations and Checkout addition, the future land use plan Transportation System (commonly Building, Space Station Processing supports expansion of the quint-modal called the Space Shuttle) as the next Facility and the Central Instrumentation capabilities to provide multiuser crewed vehicle. Designed solely for Facility. spaceport users increased support. missions to lower Earth orbit, the Space KSC is a major central Florida tourist The future land use plan identifies 18 Shuttle was the first and, to date, the destination and approximately a one- land use categories, their existing only winged spacecraft capable of hour drive from the Orlando area. The acreages, and their proposed future vertically launching a crew into orbit Visitor Complex offers public tours of acreages. Changes in the size and and horizontally landing upon return. the Center and CCAFS. Because much of location between existing and proposed The Space Shuttle era lasted 30 years, the installation is a restricted area and land uses will constitute the basis for from the Columbia launch on April 12, only nine percent of the land is differential potential environmental 1981, to the Atlantis landing on July 21, developed, the site also serves as an impacts between the Proposed Action 2011. The Space Shuttle fleet supported important wildlife sanctuary. Mosquito and the No Action alternatives. 135 missions, recovered and repaired Lagoon, Indian River, Merritt Island Under the No Action Alternative, KSC satellites, conducted cutting-edge National Wildlife Refuge, and CNS are would not transition towards a scientific research under zero gravity other natural area features. multiuser spaceport with fully conditions, and helped construct and integrated NASA programs and non- Proposed Action and No Action service the International Space Station, Alternatives NASA users. Each NASA program the largest structure built in space. would continue to operate to a Under the Proposed Action in the KSC Location and Facilities significant degree as an independent years ahead, KSC will implement the entity, funded separately and managing KSC is located on Merritt Island in aforementioned CMP update and activities and buildings in support of its Brevard and Volusia counties, Florida, transition from a Government, program- own program. A limited non-NASA north-northwest of Cape Canaveral on focused, single-user launch and landing presence would continue at KSC. the Atlantic Ocean, midway between complex to a more central capability, Miami and Jacksonville on Florida’s cost effective, and multiuser spaceport. Scoping Meeting(s) Space Coast, approximately 50 miles KSC’s new mission will be to furnish NASA and its Cooperating Agencies east of Orlando. It is 34 miles (55 km) both Government and commercial space plan to hold two public scoping long and roughly six miles (10 km) providers with the necessary facilities, meetings to provide KSC PEIS wide, covering 219 square miles (570 experienced workforce, and knowledge information and solicit public km2). to support existing mission sets and comments regarding environmental The total KSC land and water area new space programs. concerns and alternatives for PEIS jurisdiction is approximately 140,000 The KSC master planning process is consideration. The public scoping acres. Only a very small part of the total identified in NASA’s institutional meetings are scheduled as follows: acreage of KSC is developed or requirements to report to Congress, 1. Eastern Florida State College designated for NASA’s operational and pursuant to the NASA Authorization Titusville Campus, John Henry Jones industrial use. Merritt Island consists of Act of 2010, Section 1102. The resulting Gymnatorium, June 4, 2014, 5–8 p.m. prime habitat for unique and CMP update will result in changes to 2. New Smyrna Beach High School endangered wildlife. In 1972 NASA the infrastructure, land use, space Gymnasium, 1015 Tenth Street, New entered into an agreement with the transportation providers and users’ Smyrna Beach, June 5, 2014, 5–8 p.m. USFWS to establish a wildlife preserve customer base, and business model over The meeting format will include an within KSC boundaries known as the a 20-year planning horizon from 2012– open-house workshop from 5:00 to 6:00 Merritt Island National Wildlife Refuge. 2032. The CMP update will include a p.m. KSC staff will provide an overview Public Law 93–626 created the number of component plans, including of the environmental process from 6:00 Canaveral National Seashore (CNS), and future land use, facility development, to 6:15 p.m., followed by a public thereby, an agreement with the area development, transportation, comment period from 6:15 to 8:00 p.m. Department of the Interior was also utilities systems, and safety and security The open-house workshop will consist formed in 1975 due to the location of control. Implementing the future land of poster stations describing the CNS within KSC boundaries. use plan will promote the right-sizing of proposed project and the NEPA process. Since December 1968, all launch NASA KSC operations and attract non- NASA KSC and Cooperating Agencies operations have been conducted from NASA investment by providing more staff will be present during the open- Launch Complex 39 (LC–39) Pads A and operational autonomy. Consolidating house workshop portion to answer

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general questions about the proposed SUPPLEMENTARY INFORMATION: Pursuant NATIONAL ARCHIVES AND RECORDS project and the NEPA process. to the Paperwork Reduction Act of 1995 ADMINISTRATION As the PEIS is prepared, the public (Pub. L. 104–13), NARA invites the will be provided several opportunities general public and other Federal [NARA–2014–030] for involvement, the first of which is agencies to comment on proposed during scoping. If an interested party information collections. The comments Agency Information Collection does not have input at this time, other and suggestions should address one or Activities: Submission for OMB Review; Comment Request avenues, including reviews of the Draft more of the following points: (a) and Final PEIS, will be offered in the Whether the proposed information AGENCY: National Archives and Records future. The availability of these collection is necessary for the proper Administration (NARA). documents will be published in the performance of the functions of NARA; ACTION: Notice. Federal Register and through local news (b) the accuracy of NARA’s estimate of media to ensure all members of the the burden of the proposed information SUMMARY: NARA is giving public notice public have the opportunity to actively collection; (c) ways to enhance the that the agency has submitted to OMB participate in the NEPA process. quality, utility, and clarity of the for approval the information collections Written public input on alternatives described in this notice. The public is and environmental issues and concerns information to be collected; (d) ways to minimize the burden of the collection of invited to comment on the proposed associated with this proposed action are information collections pursuant to the hereby requested. information on respondents, including the use of information technology; and Paperwork Reduction Act of 1995. Calvin F. Williams, (e) whether small businesses are DATES: Written comments must be Assistant Administrator, Office of Strategic affected by this collection. The submitted to OMB at the address below Infrastructure. comments that are submitted will be on or before June 19, 2014 to be assured [FR Doc. 2014–11565 Filed 5–19–14; 8:45 am] summarized and included in the NARA of consideration. BILLING CODE 7510–13–P request for Office of Management and ADDRESSES: Send comments to Mr. Budget (OMB) approval. All comments Nicholas A. Fraser, Desk Officer for will become a matter of public record. NARA, Office of Management and NATIONAL ARCHIVES AND RECORDS In this notice, NARA is soliciting Budget, New Executive Office Building, ADMINISTRATION comments concerning the following Washington, DC 20503; fax: 202–395– 5167; or electronically mailed to [NARA–2014–029] information collection: [email protected]. Title: Presidential Library Facilities. Agency Information Collection FOR FURTHER INFORMATION CONTACT: Activities: Proposed Collection; OMB number: 3095–0036. Requests for additional information or Comment Request Agency form number: None. copies of the proposed information Type of review: Regular. collection and supporting statement AGENCY: National Archives and Records should be directed to Tamee Fechhelm Administration (NARA). Affected public: Presidential library at telephone number 301–837–1694 or ACTION: Notice. foundations or other entities proposing fax number 301–713–7409. to transfer a Presidential library facility SUPPLEMENTARY INFORMATION: Pursuant SUMMARY: NARA is giving public notice to NARA. that the agency proposes to request to the Paperwork Reduction Act of 1995 extension of a currently approved Estimated number of respondents: 1. (Pub. L. 104–13), NARA invites the information collection used to obtain Estimated time per response: 31 general public and other Federal information from private foundations or hours. agencies to comment on proposed information collections. NARA other entities in order to design, Frequency of response: On occasion. construct and equip Presidential published a notice of proposed libraries. The public is invited to Estimated total annual burden hours: collection for this information collection comment on the proposed information 31 hours. on March 11, 2014 (79 FR 13678 and collection pursuant to the Paperwork Abstract: The information collection 13679). No comments were received. Reduction Act of 1995. is required for NARA to meet its NARA has submitted the described obligations under 44 U.S.C. 2112(a)(3) to information collection to OMB for DATES: Written comments must be approval. submit a report to Congress before received on or before July 21, 2014 to be In response to this notice, comments accepting a new Presidential library assured of consideration. and suggestions should address one or facility. The report contains information ADDRESSES: Comments should be sent more of the following points: (a) to: Paperwork Reduction Act Comments that can be furnished only by the Whether the proposed information (ISSD), Room 4400, National Archives foundation or other entity responsible collections are necessary for the proper and Records Administration, 8601 for building the facility and establishing performance of the functions of NARA; Adelphi Rd, College Park, MD 20740– the library endowment. (b) the accuracy of NARA’s estimate of 6001; or faxed to 301–713–7409; or Dated: May 9, 2014. the burden of the proposed information electronically mailed to Swarnali Haldar, collections; (c) ways to enhance the [email protected]. Acting Executive for Information Services/ quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: CIO. information to be collected; and (d) Requests for additional information or ways to minimize the burden of the [FR Doc. 2014–11549 Filed 5–19–14; 8:45 am] copies of the proposed information collection of information on collection and supporting statement BILLING CODE 7515–01–P respondents, including the use of should be directed to Tamee Fechhelm information technology; and (e) whether at telephone number 301–837–1694, or small businesses are affected by these fax number 301–713–7409. collections. In this notice, NARA is

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soliciting comments concerning the U.S. Coast Guard), the National Name: Site visit review of the Cornell High following information collections: Personnel Records Center (NPRC) of the Energy Synchrotron Source (CHESS) at 1. Title: Court Order Requirements. National Archives and Records Cornell University by the Division of OMB number: 3095–0038. Administration (NARA) administers Materials Research (DMR) #1203. Dates and Times: Agency form number: NA Form military personnel and medical records 13027. of veterans after discharge, retirement, July 9, 2014; 8:00 a.m.–8:00 p.m. July 10, 2014; 8:00 a.m.–4:00 p.m. Type of review: Regular. and death. In addition, NPRC Affected public: Veterans and Former administers the medical records of Place: Cornell University, Ithaca, NY. Federal civilian employees, their Type of Meeting: Part open. dependents of service personnel. When Contact Person: Dr. Thomas Rieker, authorized representatives, state and veterans, dependents, and other local governments, and businesses. Program Director, Materials Research Science authorized individuals request and Engineering Centers Program, Division of Estimated number of respondents: information from or copies of Materials Research, Room 1065, National 5,000. documents in military personnel, Science Foundation, 4201 Wilson Boulevard, Estimated time per response: 15 military medical, and dependent Arlington, VA 22230, Telephone (703) 292– minutes. medical records, they must provide on 4914. Frequency of response: On occasion. forms or in letters certain information Purpose of Meeting: To provide advice and Estimated total annual burden hours: about the veteran and the nature of the recommendations concerning operations and 1,250 hours. management of the CHESS facility at Cornell. request. A major fire at the NPRC on Agenda: Abstract: The information collection July 12, 1973, destroyed numerous is prescribed by 36 CFR 1233.14. In military records. If individuals’ requests Wednesday, July 9, 2014 accordance with rules issued by the involve records or information from 8:00 a.m.–9:45 a.m. Closed—Executive Office of Personnel Management, the records that may have been lost in the session National Personnel Records Center fire, requesters may be asked to 9:45 a.m.–4:45 p.m. Open—Presentations (NPRC) of the National Archives and complete NA Form 13075, 4:45 p.m.–6:00 p.m. Closed—Executive Records Administration (NARA) Questionnaire about Military Service, or session administers Official Personnel Folders NA Form 13055, Request for Thursday, July 10, 2014 (OPF) and Employee Medical Folders Information Needed to Reconstruct 8:30 a.m.–4:00 p.m. Closed—Executive (EMF) of former Federal civilian Medical Data, so that NPRC staff can employees. In accordance with rules session, Draft and Review Report search alternative sources to reconstruct Reason for Closing: The work being issued by the Department of Defense the requested information. Requesters (DOD) and the Department of reviewed may include information of a who ask for medical records of proprietary or confidential nature, including Transportation (DOT), the NPRC also dependents of service personnel and technical information; financial data, such as administers military service records of hospitalization records of military salaries and personal information concerning veterans after discharge, retirement, and personnel are asked to complete NA individuals associated with the facility. death, and the medical records of these Form 13042, Request for Information These matters are exempt under 5 U.S.C. 552 veterans, current members of the Armed b(c), (4) and (6) of the Government in the Needed to Locate Medical Records, so Sunshine Act. Forces, and dependents of Armed that NPRC staff can locate the desired Forces personnel. The NA Form 13027, records. Certain types of information Date: May 15, 2014. Court Order Requirements, is used to contained in military personnel and Suzanne Plimpton, advise requesters of (1) the correct medical records are restricted from Acting Committee Management Officer. procedures to follow when requesting disclosure unless the veteran provides a [FR Doc. 2014–11619 Filed 5–19–14; 8:45 am] certified copies of records for use in more specific release authorization than BILLING CODE 7555–01–P civil litigation or criminal actions in is normally required. Veterans are asked courts of law and (2) the information to to complete NA Form 13036, be provided so that records may be Authorization for Release of Military NATIONAL TRANSPORTATION identified. Medical Patient Records, to authorize 2. OMB number: 3095–0039. SAFETY BOARD release to a third party of a restricted Agency form number: NA Forms type of information found in the desired 13036, 13042, 13055, and 13075. Notice of National Transportation Type of review: Regular. record. Safety Board Public Health Authority Affected public: Veterans, their Dated: May 14, 2014. Status authorized representatives, state and Swarnali Haldar, AGENCY: National Transportation Safety local governments, and businesses. Acting Executive for Information Services/ Board (NTSB). Estimated number of respondents: CIO. ACTION: Notice. 79,800. [FR Doc. 2014–11547 Filed 5–19–14; 8:45 am] Estimated time per response: 5 BILLING CODE 7515–01–P SUMMARY: The NTSB is publishing this minutes. notice to inform health care providers, Frequency of response: On occasion including hospitals, health plans, and (when respondent wishes to request other health organizations, of the information from a military personnel, NATIONAL SCIENCE FOUNDATION NTSB’s status as a ‘‘public health military medical, and dependent authority’’ under the health care privacy medical record). Proposal Review Panel for Materials Estimated total annual burden hours: Research; Notice of Meeting requirements of the Health Insurance 6,650 hours. Portability and Accountability Act of Abstract: The information collection In accordance with the Federal 1996 (HIPAA). is prescribed by 36 CFR 1233.18. In Advisory Committee Act (Pub., L. 92– FOR FURTHER INFORMATION CONTACT: accordance with rules issued by the 463 as amended), the National Science David Tochen, General Counsel, (202) Department of Defense (DOD) and the Foundation announces the following 314–6080. Department of Transportation (DOT, meeting: SUPPLEMENTARY INFORMATION:

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I. Background general prohibition expressly permits a issuing safety recommendations that The NTSB is an independent Federal covered entity to disclose protected prevented accidents and injuries and agency with statutory responsibility for health information without the saved lives. investigating and determining the individual’s authorization or Moreover, as HHS noted in the probable causes of all civil aviation and opportunity to object to a NPRM, NTSB’s activities, by design, certain railroad, highway, marine, public health authority that is authorized by ‘‘reduce mortality and injury by making hazardous materials, and pipeline law to collect or receive such information for recommendations for safety accidents and incidents. See 49 U.S.C. the purpose of preventing or controlling improvements,’’ 64 FR 59956, and fall 1116, 1131. Through its comprehensive disease, injury, or disability, including, but well within the ambit of public health not limited to, the reporting of disease, activities conducted ‘‘for the purpose of public reports on transportation injury, vital events such as birth or death, accidents and incidents and safety preventing or controlling . . . injury,’’ and the conduct of public health 45 CFR 164.512(b)(1)(i). NTSB recommendations, the NTSB protects surveillance, public health investigations, and promotes public health and safety and public health interventions. . . . investigations thoroughly examine by helping prevent recurrences of causal and contributing factors in Id. § 164.512(b)(1)(i). The Privacy Rule transportation accidents and incidents, accidents and injuries to the hundreds defines a ‘‘public health authority’’ as of millions of Americans who travel or including human factors such as fatigue are employed in the nation’s channels of an agency or authority of the United States, among crewmembers, so regulators, a State, a territory, a political subdivision of transportation operators, and other transportation each year. The NTSB has a State or territory, or an Indian tribe, or a issued more than 13,000 safety stakeholders may implement person or entity acting under a grant of appropriate measures to prevent the recommendations since its authority from or contract with such public establishment in 1967. agency, including the employees or agents of accidents and incidents from recurring. The NTSB possesses statutory such public agency or its contractors or NTSB investigations also examine the authority to obtain information in persons or entities to whom it has granted nature and extent of accident victims’ investigations by subpoena and ‘‘may authority, that is responsible for public injuries so that the Board may issue inspect any record, process, control, or health matters as part of its official mandate. appropriate recommendations to facility related to an accident Id. § 164.501. In the preamble to the improve the crashworthiness of investigation.’’ Id. §§ 1113(a)(1), final Privacy Rule, HHS described the transportation vehicles and to improve 1134(a)(2). The NTSB may also ‘‘order definition of ‘‘public health authority’’ accidents’ survivability. Finally, the an autopsy to be performed and have as a ‘‘broad’’ definition, commensurate NTSB examines emergency responses to other tests made when necessary to with a ‘‘broad Congressional mandate transportation accidents to identify investigate an accident.’’ Id. § 1134(f)(1). [in HIPAA] not to interfere with current measures that could mitigate injuries In any accident investigation, NTSB public health practices’’ under State and prevent deaths in the future. staff obtains relevant information public health laws. 65 FR 82624. Dated: May 14, 2014. through a variety of means, including III. NTSB Public Health Authority Christopher A. Hart, voluntary measures, subpoenas, and Status Acting Chairman. testimony at public investigative [FR Doc. 2014–11579 Filed 5–19–14; 8:45 am] hearings. The NTSB is a public health authority for purposes of the HIPAA Privacy Rule. BILLING CODE P II. HIPAA Privacy Rule HHS specifically cited the NTSB as an Congress enacted HIPAA (Pub. L. example of a public health authority in 104–191, 110 Stat. 1936 (1996)) to create the preamble to a notice of proposed NUCLEAR REGULATORY and strengthen national standards for rulemaking (NPRM) on the Privacy Rule COMMISSION the privacy of Americans’ health in 1999; the preamble included the information, among several other major NTSB in an illustrative list of several [Docket No. NRC–2014–0089] ‘‘government agencies and entities [that] purposes. In response to a mandate in Agency Information Collection section 264(c)(1) of HIPAA, the U.S. carry out public health activities in the course of their missions.’’ Standards for Activities: Proposed Collection; Department of Health and Human Comment Request Services (HHS) in 2000 finalized a set of Privacy of Individually Identifiable regulatory requirements to protect Health Information, 64 FR 59918, 59956 AGENCY: Nuclear Regulatory health information privacy. See (Nov. 3, 1999). The definition of ‘‘public Commission. health authority’’ adopted in the final Standards for Privacy of Individually ACTION: Notice of pending NRC action to Identifiable Health Information, 65 FR rule does not differ in any relevant submit an information collection 82462 (Dec. 28, 2000), as amended, 78 respect from the definition 1 request to the Office of Management and FR 5566 (Jan 25, 2013). These contemplated in the NPRM. In the 14 Budget (OMB) and solicitation of public requirements, described collectively as years since publication of the final comment. the HIPAA Privacy Rule (Privacy Rule) Privacy Rule, the NTSB’s status as a and codified in relevant part at 45 CFR public health authority has facilitated SUMMARY: The U.S. Nuclear Regulatory parts 160 and 164, govern uses and the Board’s access to information that Commission (NRC) invites public disclosures of individuals’ health substantially assisted the Board in comment about our intention to request information by ‘‘covered entities’’: the OMB’s approval for renewal of an health care providers, health plans, and 1 In relevant part, the final rule modified the existing information collection that is proposed definition of ‘‘public health authority’’ health care clearinghouses. 45 CFR ‘‘slightly to clarify that a ‘public health authority’ summarized below. We are required to 160.103. also includes a person or entity acting under a grant publish this notice in the Federal The Privacy Rule generally limits a of authority from or contract with a public health Register under the provisions of the covered entity’s ability to disclose an agency.’’ 65 FR 82497. The final rule also added Paperwork Reduction Act of 1995 (44 language to the provision authorizing disclosures to individual’s protected health a public health authority to permit disclosures to U.S.C. Chapter 35). information to another person. See id. a foreign government agency acting in collaboration Information pertaining to the § 164.502(a). An exception to this with a public health authority. See 65 FR 82525. requirement to be submitted:

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1. The title of the information Pike, Rockville, Maryland 20852. The Paperwork Reduction Act of 1995 (44 collection: 10 CFR Part 81, ‘‘Standard OMB clearance requests are available at U.S.C. Chapter 35). Specifications for the Granting of Patent the NRC’s Web site: http://www.nrc.gov/ Information pertaining to the Licenses.’’ public-involve/doc-comment/omb/. The requirement to be submitted: 2. Current OMB approval number: document will be available on the 1. The title of the information 3150–0121. NRC’s home page site for 60 days after collection: NRC Form 450, ‘‘General 3. How often the collection is the signature date of this notice. Assignment.’’ required: Applications for licenses are Comments submitted in writing or in 2. Current OMB approval number: submitted once. Other reports are electronic form will be made available 3150–0114. submitted annually or as events require. for public inspection. Because your 3. How often the collection is 4. Who is required or asked to report: comments will not be edited to remove required: Once during the contract Applicants for and holders of NRC any identifying or contact information, closeout process. licenses to inventions covered by the NRC cautions you against including 4. Who is required or asked to report: patents or patent applications. any information in your submission that Contractors. 5. The number of annual respondents: you do not want to be publicly 5. The number of annual respondents: There are no anticipated respondents to disclosed. Comments submitted should 15. this collection over the next three years. reference Docket No. NRC–2014–0089. 6. The number of hours needed 6. The number of hours needed You may submit your comments by any annually to complete the requirement or annually to complete the requirement or of the following methods: Electronic request: 30. 7. Abstract: During the contract request: 0 hours. No applications are comments go to http:// closeout process for cost-reimbursement anticipated during the next 3 years. www.regulations.gov and search for and time-and-materials type contracts, 7. Abstract: As specified in Part 81 of Docket No. NRC–2014–0079. Mail the NRC requires the contractor to Title 10 of the Code of Federal comments to the Acting NRC Clearance execute NRC Form 450, General Regulations, the NRC may grant non- Officer, Fajr Majeed (T–5 F50), U.S. Assignment. Execution of this form exclusive licenses or limited exclusive Nuclear Regulatory Commission, grants to the government all rights, title, licenses to its patent inventions to Washington, DC 20555–0001. and interest to refunds arising out of the responsible applicants. Applicants for Questions about the information contractor performance. licenses to NRC inventions are required collection requirements may be directed Submit, by July 21, 2014, comments to provide information which may to the Acting NRC Clearance Officer, that address the followings questions: Fajr Majeed (T–5 F50), U.S. Nuclear provide the basis for granting the 1. Is the proposed collection of Regulatory Commission Washington, DC requested license. In addition, all information necessary for the NRC to 20555–0001; telephone: 301–415–6736, license holders must submit periodic properly perform its functions? Does the or by email to reports on efforts to bring the invention information have practical utility? to a point of practical application and [email protected]. 2. Is the burden estimate accurate? the extent to which they are making the Dated at Rockville, Maryland, this 15th day 3. Is there a way to enhance the benefits of the invention reasonably of May, 2014. quality, utility, and clarity of the accessible to the public. Exclusive For the Nuclear Regulatory Commission. information to be collected? license holders must submit additional Fajr Majeed, 4. How can the burden of the information if they seek to extend their Acting NRC Clearance Officer, Office of information collection be minimized, licenses, issue sublicenses, or transfer Information Services. including the use of automated the licenses. In addition, if requested, collection techniques or other forms of exclusive license holders must promptly [FR Doc. 2014–11620 Filed 5–19–14; 8:45 am] BILLING CODE 7590–01–P information technology? supply to the United States Government The public may examine and have copies of all pleadings and other papers copied for a fee publicly-available filed in any patent infringement lawsuit, NUCLEAR REGULATORY documents, including the final as well as evidence from proceedings COMMISSION supporting statement, at the NRC’s relating to the licensed patent. Public Document Room, Room O–1F21, Submit, by July 21, 2014, comments that [Docket No. NRC–2014–0079] One White Flint North, 11555 Rockville address the following questions: Agency Information Collection Pike, Rockville, Maryland 20852. The 1. Is the proposed collection of Activities: Proposed Collection; OMB clearance requests are available at information necessary for the NRC to Comment Request the NRC’s Web site: http://www.nrc.gov/ properly perform its functions? Does the public-involve/doc-comment/omb/. The information have practical utility? AGENCY: Nuclear Regulatory document will be available on the 2. Is the burden estimate accurate? Commission. NRC’s home page site for 60 days after 3. Is there a way to enhance the ACTION: Notice of pending NRC action to the signature date of this notice. quality, utility, and clarity of the submit an information collection Comments submitted in writing or in information to be collected? request to the Office of Management and electronic form will be made available 4. How can the burden of the Budget (OMB) and solicitation of public for public inspection. Since your information collection be minimized, comment. comments will not be edited to remove including the use of automated any identifying or contact information, collection techniques or other forms of SUMMARY: The U.S. Nuclear Regulatory the NRC cautions you against including information technology? Commission (NRC) invites public any information in your submission that The public may examine and have comment about our intention to request you do not want to be publicly copied for a fee publicly-available the OMB’s approval for renewal of an disclosed. Comments submitted should documents, including the draft existing information collection that is reference Docket No. NRC–2014–0079. supporting statement, at the NRC’s summarized below. We are required to You may submit your comments by any Public Document Room, Room O–1F21, publish this notice in the Federal of the following methods: Electronic One White Flint North, 11555 Rockville Register under the provisions of the comments go to http://

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www.regualtions.gov and search for then select ‘‘Begin Web-based ADAMS zircaloy or ZIRLOTM. Because the Docket No. NRC–2014–0079. Mail Search.’’ For problems with ADAMS, material specifications of Optimized comments to the Acting NRC Clearance please contact the NRC’s Public ZIRLOTM differ from the specifications Officer, Fajr Majeed (T–5 F50), U.S. Document Room (PDR) reference staff at for zircaloy or ZIRLOTM, and the Nuclear Regulatory Commission, 1–800–397–4209, 301–415–4737, or by regulations specify a cladding material Washington, DC 20555–0001. email to [email protected]. The other than Optimized ZIRLOTM, a plant- Questions about the information ADAMS accession number for each specific exemption is required to allow collection requirements may be directed document referenced in this document the use of, and application of these to the Acting NRC Clearance Officer, (if that document is available in regulations to, Optimized ZIRLOTM at Fajr Majeed (T–5 F50), U.S. Nuclear ADAMS) is provided the first time that Point Beach. Regulatory Commission Washington, DC a document is referenced. The exemption request relates solely 20555–0001; telephone: 301–415–6736, • NRC’s PDR: You may examine and to the cladding material specified in or by email to purchase copies of public documents at these regulations (i.e., fuel rods with [email protected]. the NRC’s PDR, Room O1–F21, One zircaloy or ZIRLOTM cladding material). White Flint North, 11555 Rockville This exemption would allow Dated at Rockville, Maryland, this 15th day of May, 2014. Pike, Rockville, Maryland 20852. application of the acceptance criteria of For the Nuclear Regulatory Commission. FOR FURTHER INFORMATION CONTACT: 10 CFR 50.46 and 10 CFR Part 50, Appendix K, to fuel assembly designs Fajr Majeed, Terry A. Beltz, Office of Nuclear Reactor Regulation, telephone: 301–415–3049; using Optimized ZIRLOTM fuel rod Acting NRC Clearance Officer, Office of cladding material. In its letter dated Information Services. email: [email protected], U.S. Nuclear Regulatory Commission, Washington DC June 4, 2013, the licensee indicated that [FR Doc. 2014–11611 Filed 5–19–14; 8:45 am] 20555–0001. it was not seeking an exemption from BILLING CODE 7590–01–P the acceptance and analytical criteria of I. Background these regulations. The intent of the NextEra Energy Point Beach, LLC request is to allow the use of the criteria NUCLEAR REGULATORY (NextEra or the licensee) is the holder of set forth in these regulations for the use COMMISSION renewed Facility Operating License Nos. of Optimized ZIRLOTM fuel rod [Docket Nos. 50–266 and 50–301; NRC– DPR–24 and DPR–27, which authorize cladding material at Point Beach. 2014–0117] operation of the Point Beach Nuclear III. Discussion Plant (Point Beach), Units 1 and 2, Exemption for NextEra Energy Point respectively. The license provides, Pursuant to 10 CFR 50.12, the Beach, LLC; Point Beach Nuclear among other things, that the facility is Commission may, upon application by Plant, Units 1 and 2 subject to all rules, regulations, and any interested person or upon its own orders of the NRC now or hereafter in initiative, grant exemptions from the AGENCY: Nuclear Regulatory effect. requirements of 10 CFR Part 50 when: Commission. The facility consists of two (1) The exemptions are authorized by ACTION: Exemption; issuance. pressurized-water reactors located in law, will not present an undue risk to Manitowac County in Wisconsin. public health or safety, and are SUMMARY: The U.S. Nuclear Regulatory consistent with the common defense II. Request/Action Commission (NRC) is issuing an and security; and (2) when special exemption in response to a June 4, 2013, Pursuant to Section 50.12 of Title 10 circumstances are present. Under 10 request from NextEra Energy Point of the Code of Federal Regulations (10 CFR 50.12(a)(2)(ii), special Beach, LLC, requesting an exemption to CFR), ‘‘Specific exemptions,’’ the circumstances include, among other use of a different fuel rod cladding licensee has, by letter dated June 4, 2013 TM things, when application of the specific material (Optimized ZIRLO ). (ADAMS Accession No. ML13155A239), regulation in the particular ADDRESSES: Please refer to Docket ID requested an exemption from 10 CFR circumstance would not serve, or is not NRC–2014–0117 when contacting the 50.46, ‘‘Acceptance criteria for necessary to achieve, the underlying NRC about the availability of emergency core cooling systems [ECCS] purpose of the rule. information regarding this document. for light-water nuclear power reactors,’’ You may access publicly-available and 10 CFR Part 50, Appendix K, ‘‘ECCS A. Special Circumstances information related to this document Evaluation Models,’’ to allow the use of Special circumstances, in accordance using any of the following methods: fuel rod cladding with Optimized with 10 CFR 50.12(a)(2)(ii), are present • Federal Rulemaking Web site: Go to ZIRLOTM alloy for future reload whenever application of the regulation http://www.regulations.gov and search applications. The regulations in 10 CFR in the particular circumstances is not for Docket ID NRC–2014–0117. Address 50.46 contain acceptance criteria for the necessary to achieve the underlying questions about NRC dockets to Carol ECCS for reactors fueled with zircaloy purpose of the rule. The underlying Gallagher; telephone: 301–287–3422; or ZIRLOTM fuel rod cladding material. purpose of 10 CFR 50.46 and Appendix email: [email protected]. For In addition, paragraph I.A.5 of K to 10 CFR Part 50 is to establish technical questions, contact the Appendix K to 10 CFR Part 50 requires acceptance criteria for ECCS individual listed in the FOR FURTHER that the Baker-Just equation be used to performance to provide reasonable INFORMATION CONTACT section of this predict the rates of energy release, assurance of safety in the event of a loss- document. hydrogen concentration, and cladding of-coolant accident (LOCA). Although • NRC’s Agencywide Documents oxidation from the metal/water reaction. the regulations in 10 CFR 50.46 and Access and Management System The Baker-Just equation assumes the use Appendix K are not expressly (ADAMS): You may access publicly of a zirconium alloy, which is a material applicable to Optimized ZIRLOTM, the available documents online in the NRC different from Optimized ZIRLOTM. evaluations described in the following Library at http://www.nrc.gov/reading- Thus, the strict application of these sections of this exemption show that the rm/adams.html. To begin the search, regulations does not permit the use of purpose of the regulations are met by select ‘‘ADAMS Public Documents’’ and fuel rod cladding material other than this exemption in that, subject to certain

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conditions, the acceptance criteria are criteria to Optimized ZIRLOTM. Ring permit use of the equation for valid for Optimized ZIRLOTM fuel compression tests performed by Optimized ZIRLOTM fuel rod cladding cladding material, Optimized ZIRLOTM Westinghouse on Optimized ZIRLOTM material for determining acceptable fuel would maintain better post-quench (see WCAP–14342–A & CENPD–404– performance. The underlying purpose of ductility, and the Baker-Just correlation NP–A at ADAMS Accession No. this regulation, however, is to ensure conservatively bounds LOCA scenario ML062080569) demonstrate an that analyses of fuel response to LOCAs metal-water reaction rates and is acceptable retention of post-quench are conservatively calculated. In its applicable to Optimized ZIRLOTM. ductility up to 10 CFR 50.46 limits of evaluation of the approved topical Thus, a strict application of the rule 2,200 degrees Fahrenheit and 17 percent reports, the NRC staff previously found (which would preclude the applicability equivalent clad reacted. Furthermore, that metal-water reaction tests of ECCS performance acceptance criteria the NRC staff has concluded that performed by Westinghouse on to, and the use of, Optimized ZIRLOTM oxidation measurements provided by Optimized ZIRLOTM (see Appendix B of fuel cladding material) is not necessary the licensee in letter LTR–NRC–07–58 WCAP–12610–P–A and CENPD–404–P– to achieve the underlying purposes of from Westinghouse to the NRC, ‘‘SER A, Addendum 1–A) demonstrate 10 CFR 50.46 and Appendix K to 10 Compliance with WCAP–12610–P–A & conservative reaction rates relative to CFR Part 50. The purpose of these CENPD–404–P–A, Addendum 1–A, the Baker-Just equation, and that the regulations is achieved through ‘Optimized ZIRLOTM,’ ’’ dated Baker-Just equation conservatively application of the requirements to the November 6, 2007 (public version bounds post-LOCA scenarios of, and use of Optimized ZIRLOTM fuel rod located at ADAMS Accession No. applicable to, Optimized ZIRLOTM fuel cladding material. Therefore, the special ML073130560), illustrate that oxide rod cladding. Thus, the NRC staff circumstances required by 10 CFR thickness and associated hydrogen determined that the strict application of 50.12(a)(2)(ii) for the granting of an pickup for Optimized ZIRLOTM at any Appendix K, Paragraph I.A.5 (which exemption exist. given burnup would be less than both would preclude its applicability to, and zircaloy-4 and ZIRLOTM. Hence, the the use of, Optimized ZIRLOTM) is not B. Authorized by Law NRC staff concludes that Optimized necessary to achieve the underlying This exemption would allow the use ZIRLOTM would be expected to purpose of the rule in these of Optimized ZIRLOTM fuel rod maintain better post-quench ductility circumstances. Since these evaluations cladding material for future reload than ZIRLOTM. This finding is further demonstrate that the underlying operations at Point Beach. As stated supported by an ongoing LOCA research purpose of the rule will be met, there above, 10 CFR 50.12 allows the NRC to program at Argonne National will be no undue risk to the public grant exemptions from the requirements Laboratory, which has identified a health and safety. of 10 CFR Part 50 provided that special strong correlation between cladding D. Consistent With the Common Defense circumstances are present. As described hydrogen content (caused by in-service and Security above, the NRC staff has determined corrosion) and post-quench ductility. that special circumstances exist to grant In addition, the provisions of 10 CFR The licensee’s exemption request is to the requested exemption. In addition, 50.46 require the licensee to allow the application of an improved granting the exemption will not result in periodically evaluate the performance of fuel rod cladding material to the a violation of the Atomic Energy Act of the ECCS, using currently approved regulations in 10 CFR 50.46 and 1954, as amended, or the Commission’s LOCA models and methods, to ensure paragraph I.A.5 of Appendix K to 10 regulations. Therefore, the exemption is that the fuel rods will continue to satisfy CFR 50. In its letter dated June 4, 2013, authorized by law. 10 CFR 50.46 acceptance criteria. In its the licensee stated that all the requirements and acceptance criteria C. No Undue Risk to Public Health and letter dated June 4, 2013, the licensee will be maintained. The licensee is Safety stated that it will evaluate fuel assemblies using Optimized ZIRLOTM required to handle and control special Section 10 CFR 50.46 requires that fuel rod cladding material using NRC- nuclear material in these assemblies in each boiling or pressurized light-water approved analytical methods and plant- accordance with its approved nuclear power reactor fueled with specific models to address the changes procedures. This change to reactor core uranium dioxide pellets within in cladding material properties. The internals is adequately controlled by cylindrical zircaloy or ZIRLOTM NRC staff concludes that granting the NRC requirements and is not related to cladding must be provided with an exemption to allow the licensee to use security issues. Therefore, the NRC staff ECCS that must be designed so that its Optimized ZIRLOTM fuel rod cladding determined that this exemption does not calculated cooling performance material and apply 10 CFR 50.46 criteria impact, and thus is consistent with, the following a postulated loss-of-coolant would not diminish this requirement of common defense and security. accident (LOCA) conforms to the criteria periodic evaluation of ECCS E. Environmental Considerations set forth in paragraph (b) of this section. performance. Thus, the underlying The underlying purpose of 10 CFR 50.46 purpose of the rule to maintain post- The NRC staff determined that the is to establish acceptance criteria for quench ductility in the fuel cladding exemption discussed herein meets the adequate ECCS performance. As material through ECCS performance eligibility criteria for the categorical previously documented in the NRC criteria will continue to be achieved for exclusion set forth in 10 CFR 51.22(c)(9) staff’s safety evaluation dated June 10, Point Beach. because it is related to a requirement 2005 (ADAMS Accession No. Paragraph I.A.5 of Appendix K to 10 concerning the installation or use of a ML051670395), of topical reports CFR Part 50 states that the rates of facility component located within the submitted by Westinghouse Electric energy release, hydrogen concentration, restricted area, as defined in 10 CFR Company, LLC (Westinghouse), and and cladding oxidation from the metal- Part 20, and issuance of this exemption subject to compliance with the specific water reaction shall be calculated using involves: (i) No significant hazards conditions of approval established the Baker-Just equation. Since the consideration, (ii) no significant change therein, the NRC staff found that Baker-Just equation presumes the use of in the types or a significant increase in Westinghouse demonstrated the zircaloy clad fuel, strict application of the amounts of any effluents that may be applicability of these ECCS acceptance this provision of the rule would not released offsite, and (iii) no significant

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increase in individual or cumulative possibility of a new or different kind of Therefore, the requirements of 10 CFR occupational radiation exposure. accident from any previously evaluated. 51.22(c)(9)(iii) are met. Therefore, in accordance with 10 CFR 3. Does the proposed exemption Conclusion 51.22(b), no environmental impact involve a significant reduction in a statement or environmental assessment margin of safety? Based on the above, the NRC staff need be prepared in connection with the Response: No. concludes that the proposed exemption NRC’s consideration of this exemption The proposed exemption will not meets the eligibility criteria for the request. The basis for the NRC staff’s involve a significant reduction in the categorical exclusion set forth in 10 CFR determination is discussed as follows margin of safety because it has been 51.22(c)(9). Therefore, in accordance with an evaluation against each of the demonstrated that the material with 10 CFR 51.22(b), no environmental requirements in 10 CFR 51.22(c)(9)(i)– properties of the Optimized ZIRLOTM impact statement or environmental (iii). are not significantly different from those assessment need be prepared in of standard ZIRLO®. Optimized connection with the NRC’s proposed Requirements in 10 CFR 51.22(c)(9)(i) ZIRLOTM is expected to perform issuance of this exemption. ® The NRC staff evaluated whether the similarly to standard ZIRLO for all IV. Conclusions exemption involves no significant normal operating and accident hazards consideration using the scenarios, including both LOCA and Accordingly, the Commission has standards described in 10 CFR 50.92(c), non-LOCA scenarios. For LOCA determined that, pursuant to 10 CFR 50.12, the exemption is authorized by as presented below: scenarios, where the slight difference in TM law, will not present an undue risk to 1. Does the proposed exemption Optimized ZIRLO material properties ® the public health and safety, and is involve a significant increase in the relative to standard ZIRLO could have consistent with the common defense probability or consequences of an some impact on the overall accident and security. Also, special accident previously evaluated? scenario, plant-specific LOCA analyses TM circumstances pursuant to 10 CFR Response: No. using Optimized ZIRLO properties will demonstrate that the acceptance 50.12(a)(2)(ii) are present. Therefore, the The proposed exemption would allow Commission hereby grants NextEra an the use of Optimized ZIRLOTM fuel rod criteria of 10 CFR 50.46 have been satisfied. exemption from the requirements of 10 cladding material in the reactors. The CFR 50.46 and Appendix K to 10 CFR NRC approved topical report WCAP– Therefore, the proposed exemption does not involve a significant reduction Part 50, to allow the application of those 12610–P–A and CENPD–404–P–A, criteria to, and the use of, Optimized Addendum 1–A ‘‘Optimized in a margin of safety. Based on the above evaluation of the ZIRLOTM fuel rod cladding material at ZIRLOTM,’ ’’ prepared by Westinghouse, standards set forth in 10 CFR 50.92(c), the Point Beach Nuclear Plant, Units 1 addresses Optimized ZIRLOTM and the NRC staff concludes that the and 2. demonstrates that Optimized ZIRLOTM proposed exemption involves no This exemption is effective upon has essentially the same properties as significant hazards consideration. issuance. currently licensed ZIRLO®. The fuel Accordingly, the requirements of 10 cladding itself is not an accident Dated at Rockville, Maryland, this 9th day CFR 51.22(c)(9)(i) are met. of May 2014. initiator and does not affect accident probability. Use of Optimized ZIRLOTM Requirements in 10 CFR 51.22(c)(9)(ii) For The Nuclear Regulatory Commission. fuel cladding material will continue to Michele G. Evans, The proposed exemption would allow Director, Division of Operating Reactor meet all 10 CFR 50.46 acceptance the use of Optimized ZIRLOTM fuel rod criteria and, therefore, will not increase Licensing, Office of Nuclear Reactor cladding material in the reactors. Regulation. the consequences of an accident. Optimized ZIRLOTM has essentially the Therefore, the proposed exemption [FR Doc. 2014–11615 Filed 5–19–14; 8:45 am] same material properties and BILLING CODE 7590–01–P does not involve a significant increase performance characteristics as the in the probability or consequences of an currently licensed ZIRLO® cladding. accident previously evaluated. Thus, the use of Optimized ZIRLOTM NUCLEAR REGULATORY 2. Does the proposed exemption fuel rod cladding material will not COMMISSION create the possibility of a new or significantly change the types of different kind of accident from any effluents that may be released offsite, or [IA–13–059; NRC–2014–0115] accident previously evaluated? significantly increase the amount of In the Matter of Richard Brian Smith Response: No. effluents that may be released offsite. The use of Optimized ZIRLOTM fuel Therefore, the requirements of 10 CFR AGENCY: Nuclear Regulatory rod cladding material will not result in 51.22(c)(9)(ii) are met. Commission. changes in the operation or ACTION: Order; issuance. configuration of the facility. Topical Requirements in 10 CFR 51.22(c)(9)(iii) Reports WCAP–12610–P–A and The proposed exemption would allow SUMMARY: The U.S. Nuclear Regulatory CENPD–404–P–A demonstrated that the the use of Optimized ZIRLOTM fuel rod Commission (NRC) is issuing an order material properties of Optimized cladding material in the reactors. prohibiting Richard Brian Smith’s ZIRLOTM are similar to those of Optimized ZIRLOTM has essentially the involvement in any NRC-licensed standard ZIRLO®. Therefore, Optimized same material properties and activities for a period of five years. This ZIRLOTM fuel rod cladding material will performance characteristics as the Order is based on Richard Brian Smith perform similarly to those fabricated currently licensed ZIRLO® cladding. having twice tested positive for an from standard ZIRLO®, thus precluding Thus, the use of Optimized ZIRLOTM illegal substance during random fitness- the possibility of the fuel cladding fuel rod cladding material will not for-duty (FFD) tests while holding an becoming an accident initiator and significantly increase individual NRC operator’s license at the Grand Gulf causing a new or different type of occupational radiation exposure, or Nuclear Station and the results of an accident. Therefore, the proposed significantly increase cumulative NRC investigation. exemption does not create the occupational radiation exposure. DATES: Effective Date: See attachment.

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ADDRESSES: Please refer to Docket ID II illegal drug to the NRC. On January 6, NRC–2014–0115 when contacting the On May 16, 2013, Mr. Smith self- 2014, Grand Gulf requested the NRC about the availability of reported an arrest for driving under the termination of Mr. Smith’s license, information regarding this document. influence of alcohol, in accordance with retroactive to December 11, 2013. On You may access publicly-available Title 10 of the Code of Federal January 6, 2014, the NRC retroactively information related to this action by the Regulations (10 CFR) 73.56, ‘‘Personnel terminated Mr. Smith’s license, effective following methods: access authorization requirements for on December 11, 2013. • Federal Rulemaking Web site: Go to nuclear power plants.’’ As a result of III http://www.regulations.gov and search this arrest, Mr. Smith was subjected to for Docket ID NRC–2014–0115. Address The NRC holds licensed operators to an increased fitness-for-duty (FFD) high performance standards and questions about NRC dockets to Carol testing frequency in accordance with Gallagher; telephone: 301–287–3422; entrusts them with assuring the public Grand Gulf procedures. On July 18, health and safety in the operation of a email: Carol.Gallagher@ nrc.gov. 2013, Mr. Smith participated in the FFD • nuclear power plant. Incorporated into NRC’s Agencywide Documents testing process, which resulted in a this trust is the expectation that licensed Access and Management System negative indication for alcohol. operators will follow all NRC (ADAMS): You may access publicly However, on July 22, 2013, the Grand requirements. A licensed operator available documents online in the NRC Gulf Medical Review Officer received testing positive for an illegal substance Library at http://www.nrc.gov/reading- Mr. Smith’s FFD test sample results, is a violation of 10 CFR 55.53(d), which rm/adams.html. To begin the search, which confirmed a positive test result requires the licensee to observe all select ‘‘ADAMS Public Documents’’ and for a cocaine metabolite. The licensee applicable rules, regulations, and orders then select ‘‘Begin Web-based ADAMS immediately relieved Mr. Smith of his of the Commission, and 10 CFR 55.53(j), Search.’’ For problems with ADAMS, watchstanding duties and revoked his which states, in part, ‘‘The licensee please contact the NRC’s Public unescorted site access, in accordance shall not use, possess, or sell any illegal Document Room (PDR) reference staff at with 10 CFR 26.75, ‘‘Sanctions.’’ drugs.’’ Mr. Smith also violated 10 CFR 1–800–397–4209, 301–415–4737, or by On September 9, 2013, the NRC 50.5, the NRC’s deliberate misconduct email to pdr.resource@ nrc.gov. The received follow-up information rule, when he deliberately participated ADAMS accession number for each regarding Mr. Smith’s July 18, 2013, in drug use activities. document referenced in this document positive test result from Grand Gulf. Consequently, due to Mr. Smith’s (if that document is available in Included in this letter was the licensee’s positive FFD test results on two separate ADAMS) is provided the first time that plan to reinstate Mr. Smith to licensed occasions, and his deliberate actions a document is referenced. duties, pending the successful related to drug use activities, I lack the • NRC’s PDR: You may examine and completion of both a substance abuse requisite reasonable assurance that purchase copies of public documents at treatment program and a subsequent licensed activities can be conducted in the NRC’s PDR, Room O1–F21, One medical evaluation by the facility’s compliance with the Commission’s White Flint North, 11555 Rockville Medical Review Officer. By email dated requirements and that the health and Pike, Rockville, Maryland 20852. November 18, 2013, and subsequent safety of the public will be protected if phone call on November 20, 2013, FOR FURTHER INFORMATION CONTACT: Mr. Smith were permitted at this time Gerry Gulla, Office of Enforcement, U.S. Grand Gulf notified the NRC that Mr. to be involved in NRC-licensed Nuclear Regulatory Commission, Smith had satisfactorily completed activities. Therefore, the public health, Washington DC 20555–0001; telephone: medical examinations, a substance safety, and interest require that Mr. 301–415–2872, email: Gerald.Gulla@ abuse evaluation, and a clinical Smith be prohibited from any nrc.gov. evaluation with a psychologist, as well involvement in NRC-licensed activities as security and FFD processing. Based for a period of five years, effective 30 SUPPLEMENTARY INFORMATION: The text of on the satisfactory completion of these days from the date of issuance of this the Order is attached. evaluations, Grand Gulf granted Mr. Order. Dated at Rockville, Maryland, this 14th day Smith unescorted access to the During this five year prohibition of May 2014. protected area, but did not allow him to period, Mr. Smith cannot engage in For the Nuclear Regulatory Commission. perform licensed duties. activities that are conducted pursuant to Roy P. Zimmerman, On December 4, 2013, the NRC’s a specific or general license issued by Office of Investigations (OI), Region IV Director, Office of Enforcement. the NRC, including, but not limited to, Field Office, initiated an investigation those activities of Agreement State Order Prohibiting Involvement in NRC- based on Mr. Smith’s positive FFD test licensees conducted pursuant to the Licensed Activities results. The investigation was authority granted by 10 CFR 150.20. I completed on January 22, 2014, and the Additionally, Mr. Smith is required to results were documented in the NRC’s notify the NRC of his first employment Richard Brian Smith was formerly OI Report No. 4–2014–012. Based on the in NRC-licensed activities for a period employed as a senior reactor operator evidence developed during the of one year following the prohibition (SRO) at Entergy Operations, Inc., Grand investigation, it was determined that period. Gulf Nuclear Station (Grand Gulf or Mr. Smith deliberately used cocaine licensee). Mr. Smith was the holder of while an employee of Grand Gulf. IV SRO license No. SOP–44682, which was On December 11, 2013, Grand Gulf Accordingly, pursuant to sections 81, issued by the U.S. Nuclear Regulatory received the results from an FFD test 161b, 161i, 182 and 186 of the Atomic Commission (NRC) on May 29, 2013. sample submitted by Mr. Smith on Energy Act of 1954, as amended, and The license authorized Mr. Smith to December 5, 2013. Mr. Smith’s the Commission’s regulations in 10 CFR manipulate, and supervise the December sample also resulted in a 2.202, and 10 CFR 30.10, it is hereby manipulation of, the controls of Grand positive test result for a cocaine ordered that: Gulf, Facility License No. NPF–29, metabolite. Grand Gulf immediately 1. Richard Brian Smith is prohibited located in Port Gibson, Mississippi. reported the positive test result for an for five years from engaging in any NRC-

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licensed activities. NRC-licensed its issuance. Where good cause is on the Web site, but should note that the activities are those activities that are shown, consideration will be given to NRC’s E-Filing system does not support conducted pursuant to a specific or extending the time to answer and unlisted software, and the NRC Meta general license issued by the NRC, demand or request a hearing. A request System Help Desk will not be able to including, but not limited to, those for extension of time must be made in offer assistance in using unlisted activities of Agreement State licensees writing to the Director, Office of software. conducted pursuant to the authority Enforcement, U.S. Nuclear Regulatory If a participant is electronically granted by 10 CFR 150.20. Commission, Washington, DC, 20555– submitting a document to the NRC in 3. If Richard Brian Smith is involved 001 and include a statement of good accordance with the E-Filing rule, the with another licensee in NRC-licensed cause for the extension. participant must file the document activities, then he must cease those All documents filed in NRC using the NRC’s online, Web-based activities, and inform the NRC of the adjudicatory proceedings, including a submission form. In order to serve name, address and telephone number of demand or request for hearing, a documents through the Electronic the employer, and provide a copy of this petition for leave to intervene, any Information Exchange (EIE), users will Order to the employer. motion or other document filed in the be required to install a Web browser 4. For a period of one year after the proceeding prior to the submission of a plug-in obtained from the NRC Web site. five year period of prohibition has demand or request for hearing or Further information on the Web-based expired, Richard Brian Smith shall, petition to intervene, and documents submission form, including the within 30 days of acceptance of his first filed by interested governmental entities installation of the Web browser plug-in, employment offer involving NRC- participating under 10 CFR 2.315(c), is available on the NRC’s public Web licensed activities or his becoming must be filed in accordance with the site at http://www.nrc.gov/site-help/e- involved in NRC-licensed activities, as NRC E-Filing rule (72 FR 49139, August submittals.html. defined in Paragraph IV.1 above, 28, 2007, as amended by 77 FR 46562, After the Office of the Secretary has provide notice to the Director, Office of August 3, 2012), codified in pertinent created a docket and a participant has Enforcement, U.S. Nuclear Regulatory part at 10 CFR 2.302. The E-Filing obtained a digital ID certificate, the Commission, Washington, DC 20555– process requires participants to submit participant may submit a demand for 0001, of the name, address, and and serve all adjudicatory documents hearing or request for hearing and telephone number of the employer or over the internet, or in some cases to petition for leave to intervene. the entity where he is, or will be, mail copies on electronic storage media. Submissions should be in Portable involved in the NRC-licensed activities. Participants may not submit paper Document Format (PDF) in accordance This notification should be clearly copies of their filings unless they seek with NRC guidance available on the marked as a ‘‘Reply to an Order; IA–13– an exemption in accordance with the NRC public Web site at http:// 059.’’ In the notification, Richard Brian procedures described below. www.nrc.gov/site-help/e- Smith shall include a statement of his To comply with the procedural submittals.html. A filing is considered commitment to compliance with requirements of E-Filing, at least 10 complete at the time the documents are regulatory requirements and the basis days prior to the filing deadline, the submitted through the NRC E-Filing why the Commission should have participant should contact the Office of system. To be timely, an electronic confidence that he will now comply the Secretary by email at filing must be submitted to the E-Filing with applicable NRC requirements. He hearing.docket@ nrc.gov, or by system no later than 11:59 p.m. Eastern shall also include: (1) The reason for the telephone at (301) 415–1677, to request Time on the due date. Upon receipt of violation, or, if contested, the basis for (1) a digital ID certificate, which allows a transmission, the E-Filing system disputing the violation, (2) the the participant (or its counsel or time-stamps the document and sends corrective steps that have been taken representative) to digitally sign the submitter an email notice and the results achieved, (3) the documents and access the E-Submittal confirming receipt of the document. The corrective steps that will be taken to server for any proceeding in which it is E-Filing system also distributes an email avoid further violations, and (4) the date participating; and (2) advise the notice that provides access to the when full compliance was achieved. Secretary that the participant will be document to the NRC Office of the The above provisions are effective 30 submitting a demand or request for General Counsel and other persons who days from the date of issuance of this hearing (even in instances in which the have advised the Office of the Secretary Order. participant, or its counsel or that they wish to participate in the The Director, Office of Enforcement, representative, already holds an NRC- proceeding. The filer need not serve the or designee, may, in writing, relax or issued digital ID certificate). Based upon documents on participants separately. rescind any of the above conditions this information, the Secretary will Therefore, others who wish to upon demonstration by Richard Brian establish an electronic docket for the participate in the proceeding (or their Smith of good cause. hearing in this proceeding if the counsel or representative) must apply Secretary has not already established an for and receive a digital ID certificate V electronic docket. before a hearing demand or request/ At this time Mr. Smith is not required Information about applying for a petition to intervene is filed so that they to respond to this Order; however, if he digital ID certificate is available on can obtain access to the document via chooses to respond, he must submit a NRC’s public Web site at http:// the E-Filing system. written answer to this Order under oath www.nrc.gov/site-help/e- A person filing electronically using or affirmation within 30 days of its submittals.html. System requirements the NRC’s adjudicatory E-Filing system issuance. Any person adversely affected for accessing the E-Submittal server are may seek assistance by contacting the by this Order may submit a written detailed in NRC’s ‘‘Guidance for NRC Meta System Help Desk through answer to this Order within 30 days of Electronic Submission,’’ which is the ‘‘Contact Us’’ link located on the its issuance. In addition, Mr. Smith may available on the agency’s public Web NRC’s public Web site at http:// demand, and any other person adversely site at http://www.nrc.gov/site-help/e- www.nrc.gov/site-help/e- affected by this Order may request, a submittals.html. Participants may submittals.html, by email at hearing on this Order within 30 days of attempt to use other software not listed [email protected], or by a toll-

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free call at (866) 672–7640. The NRC Commission will issue an Order the proposed information collection to Meta System Help Desk is available designating the time and place of any the Office of Information and Regulatory between 8 a.m. and 8 p.m., Eastern hearings. If a hearing is held, the issue Affairs, Office of Management and Time, Monday through Friday, to be considered at such hearing shall be Budget, 725 17th Street NW., excluding government holidays. whether this Order should be sustained. Washington, DC 20503, Attention: Desk Participants who believe they have a In the absence of any demand or request Officer for the Office of Personnel good cause for not submitting for hearing, or written approval of an Management or sent by email to oira_ documents electronically must file an extension of time in which to demand [email protected] or faxed to exemption request, in accordance with or request a hearing, the provisions (202) 395–6974. 10 CFR 2.302(g), with their initial paper specified in Section IV above shall be FOR FURTHER INFORMATION CONTACT: A filing requesting authorization to effective and final 30 days of its copy of this ICR, with applicable continue to submit documents in paper issuance without further order or supporting documentation, may be format. Such filings must be submitted proceedings. If an extension of time for obtained by contacting the Office of by: (1) First class mail addressed to the demanding or requesting a hearing has Information and Regulatory Affairs, Office of the Secretary of the been approved, the provisions specified Office of Management and Budget, 725 Commission, U.S. Nuclear Regulatory in Section IV shall be final when the 17th Street NW., Washington, DC 20503, Commission, Washington, DC 20555– extension expires if a hearing demand Attention: Desk Officer for the Office of 0001, Attention: Rulemaking and or request has not been received. Personnel Management or sent by email Adjudications Staff; or (2) courier, to [email protected] or express mail, or expedited delivery Dated at Rockville, Maryland, this 14th day of May 2014. faxed to (202) 395–6974. service to the Office of the Secretary, Sixteenth Floor, One White Flint North, For the Nuclear Regulatory Commission. SUPPLEMENTARY INFORMATION: The Office 11555 Rockville Pike, Rockville, Roy P. Zimmerman, of Management and Budget is Maryland, 20852, Attention: Director Office of Enforcement. particularly interested in comments Rulemaking and Adjudications Staff. [FR Doc. 2014–11616 Filed 5–19–14; 8:45 am] that: Participants filing a document in paper BILLING CODE 7590–01–P 1. Evaluate whether the proposed format are responsible for serving the collection of information is necessary document on all other participants. for the proper performance of the Filing is considered complete by first- OFFICE OF PERSONNEL functions of the agency, including class mail as of the time of deposit in MANAGEMENT whether the information will have the mail, or by courier, express mail, or practical utility; expedited delivery service upon Submission for Review: Court Orders 2. Evaluate the accuracy of the depositing the document with the Affecting Retirement Benefits, 5 CFR agency’s estimate of the burden of the provider of the service. A presiding 838.221, 838.421, and 838.721, 3206– proposed collection of information, officer, having granted an exemption 0204 including the validity of the request from using E-Filing, may require methodology and assumptions used; AGENCY: Office of Personnel a participant or party to use E-Filing if 3. Enhance the quality, utility, and Management. the presiding officer subsequently clarity of the information to be determines the reason for the exemption ACTION: 30-Day Notice and request for collected; and no longer exists. comments. 4. Minimize the burden of the Documents submitted in adjudicatory collection of information on those who SUMMARY: The Retirement Services, proceedings will appear in the NRC are to respond, including through the Office of Personnel Management (OPM) use of appropriate automated, electronic hearing docket, which is offers the general public and other available to the public at http:// electronic, mechanical, or other Federal agencies the opportunity to ehd1.nrc.gov/ehd/, unless excluded technological collection techniques or comment on an extension, without pursuant to an order of the Commission other forms of information technology, change, of a currently approved or the presiding officer. Participants are e.g., permitting electronic submissions information collection request (ICR) requested not to include personal of responses. 3206–0204, Court Orders Affecting privacy information, such as social Court Orders Affecting Retirement Retirement Benefits. As required by the security numbers, home addresses, or Benefits, 5 CFR 838.221, 838.421, and Paperwork Reduction Act of 1995, (Pub. home phone numbers in their filings, 838.721 describe how former spouses L. 104–13, 44 U.S.C. chapter 35) as unless an NRC regulation or other law give us written notice of a court order amended by the Clinger-Cohen Act requires submission of such requiring us to pay benefits to the (Pub. L. 104–106), OPM is soliciting information. With respect to former spouse. Specific information is comments for this collection. The copyrighted works, participants are needed before OPM can make court- information collection was previously requested not to include copyrighted ordered benefit payments. materials in their submission, except for published in the Federal Register on limited excerpts that serve the purpose January 23, 2014 at Volume 79 FR 3880 Analysis of the adjudicatory filings and constitute allowing for a 60-day public comment Agency: Retirement Operations, a Fair Use application. period. No comments were received for Retirement Services, Office of Personnel If a person other than Mr. Smith this information collection. The purpose Management. requests a hearing, that person shall set of this notice is to allow an additional Title: Court Orders Affecting forth with particularity the manner in 30 days for public comments. Retirement Benefits, 5 CFR 838.221, which his or her interest is adversely DATES: Comments are encouraged and 838.421, and 838.721. affected by this Order and shall address will be accepted until June 19, 2014. OMB Number: 3206–0204. the criteria set forth in 10 CFR 2.309(d) This process is conducted in accordance Frequency: On occasion. and (f). If a hearing is demanded by Mr. with 5 CFR 1320.1. Affected Public: Individuals or Smith or requested by a person whose ADDRESSES: Interested persons are Households. interest is adversely affected, the invited to submit written comments on Number of Respondents: 19,000.

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Estimated Time Per Respondent: 30 supporting documentation, may be Frequency: On occasion minutes. obtained by contacting the Office of Affected Public: Individual or Total Burden Hours: 9,500. Information and Regulatory Affairs, Households U.S. Office of Personnel Management. Office of Management and Budget, 725 Number of Respondents: 38 Katherine Archuleta, 17th Street, NW., Washington, DC Estimated Time per Respondent: 45 20503, Attention: Desk Officer for the Director. minutes for RI 20–64A and 8 minutes Office of Personnel Management or sent for RI 20–64 [FR Doc. 2014–11617 Filed 5–19–14; 8:45 am] by email to oira_submission@ Total Burden Hours: 24 hours BILLING CODE 6325–38–P omb.eop.gov or faxed to (202) 395–6974. U.S. Office of Personnel Management. SUPPLEMENTARY INFORMATION: The Office Katherine Archuleta, OFFICE OF PERSONNEL of Management and Budget is Director. particularly interested in comments MANAGEMENT [FR Doc. 2014–11614 Filed 5–19–14; 8:45 am] that: Submission for Review: Letter Reply to 1. Evaluate whether the proposed BILLING CODE 6325–38–P Request for Information; Former collection of information is necessary Spouse Survivor Annuity Election; for the proper performance of the OFFICE OF PERSONNEL Information on Electing a Survivor functions of the agency, including MANAGEMENT Annuity for Your Former Spouse, whether the information will have 3206–0235 practical utility; Excepted Service; March 2014 2. Evaluate the accuracy of the AGENCY: Office of Personnel agency’s estimate of the burden of the AGENCY: U.S. Office of Personnel Management. proposed collection of information, Management (OPM). ACTION: 30-Day Notice and request for including the validity of the ACTION: Notice. comments. methodology and assumptions used; 3. Enhance the quality, utility, and SUMMARY: This notice identifies SUMMARY: The Retirement Services, clarity of the information to be Schedule A, B, and C appointing Office of Personnel Management (OPM) collected; and authorities applicable to a single agency offers the general public and other 4. Minimize the burden of the that were established or revoked from Federal agencies the opportunity to collection of information on those who March 1, 2014, to March 31, 2014. comment on an extension, without are to respond, including through the FOR FURTHER INFORMATION CONTACT: change, of a currently approved use of appropriate automated, Senior Executive Resources Services, information collection request, (ICR) electronic, mechanical, or other Senior Executive Services and 3206–0235, Letter Reply to Request for technological collection techniques or Performance Management, Employee Information and Information on Electing other forms of information technology, Services, 202–606–2246. a Survivor Annuity for Your Former e.g., permitting electronic submissions Spouse. As required by the Paperwork SUPPLEMENTARY INFORMATION: In of responses. Reduction Act of 1995, (Pub. L. 104–13, accordance with 5 CFR 213.103, RI 20–64, Letter Reply to Request for 44 U.S.C. chapter 35) as amended by the Schedule A, B, and C appointing Information, is used by the Civil Service Clinger-Cohen Act (Pub. L. 104–106), authorities available for use by all Retirement System (CSRS) to provide OPM is soliciting comments for this agencies are codified in the Code of information about the amount of collection. The information collection Federal Regulations (CFR). Schedule A, annuity payable after a survivor was previously published in the Federal B, and C appointing authorities reduction, to explain the annuity Register on January 23, 2014 at Volume applicable to a single agency are not reductions required to pay for the 79 FR 3881 allowing for a 60-day public codified in the CFR, but the Office of survivor benefit, and to give the comment period. No comments were Personnel Management (OPM) beginning rate of survivor annuity. RI received for this information collection. publishes a notice of agency-specific 20–64A, Former Spouse Survivor The purpose of this notice is to allow an authorities established or revoked each Annuity Election, is used by the CSRS additional 30 days for public comments. month in the Federal Register at to obtain a survivor benefits election www.gpo.gov/fdsys/. OPM also DATES: Comments are encouraged and from annuitants who are eligible to elect will be accepted until June 19, 2014. publishes an annual notice of the to provide survivor benefits for a former consolidated listing of all Schedule A, This process is conducted in accordance spouse. RI 20–64B, Information on with 5 CFR 1320.1. B, and C appointing authorities, current Electing a Survivor Annuity for Your as of June 30, in the Federal Register. ADDRESSES: Interested persons are Former Spouse, is a pamphlet that invited to submit written comments on provides important information to Schedule A the proposed information collection to retirees under the CSRS who want to No Schedule A authorities to report the Office of Information and Regulatory provide a survivor annuity for a former during March 2014. Affairs, Office of Management and spouse. Budget, 725 17th Street, NW., Analysis: Schedule B Washington, DC 20503, Attention: Desk Agency: Retirement Operations, No Schedule B authorities to report Officer for the Office of Personnel Retirement Services, Office of Personnel during March 2014. Management or sent by email to oira_ Management [email protected] or faxed to Title: Letter Reply to Request for Schedule C (202) 395–6974. Information; Former Spouse Survivor The following Schedule C appointing FOR FURTHER INFORMATION CONTACT: A Annuity Election authorities were approved during March copy of this ICR, with applicable OMB Number: 3206–0235 2014.

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Authorization Agency name Organization name Position title No. Effective date

DEPARTMENT OF AGRICULTURE Office of the Secretary ...... Confidential Assistant ...... DA140046 3/ 21/ 2014 DEPARTMENT OF COMMERCE ... International Trade Administration Deputy Director of Public Affairs .... DC140063 3/7/2014 COMMODITY FUTURES TRADING Office of the Chairperson ...... Attorney Advisor (General) ...... CT140003 3/14/2014 COMMISSION. DEPARTMENT OF DEFENSE ...... Office of the Assistant Secretary of Special Assistant for Homeland DD140047 3/5/2014 Defense (Homeland Defense Defense and Americas’ Security and America’s Security Affairs). Affairs. Office of the Assistant Secretary of Special Assistant for South and DD140050 3/12/2014 Defense (Asian and Pacific Se- Southeast Asia. curity Affairs). Washington Headquarters Services Defense Fellow ...... DD140049 3/25/2014 DEPARTMENT OF THE ARMY ..... Office Assistant Secretary Army Special Assistant (Civil Works) ...... DW140011 3/13/2014 (Civil Works). DEPARTMENT OF EDUCATION ... Office of the Deputy Secretary ...... Confidential Assistant ...... DB140039 3/5/2014 Office of Planning, Evaluation and Confidential Assistant ...... DB140044 3/6/2014 Policy Development. Deputy Assistant Secretary for DB140048 3/6/2014 Planning and Policy Develop- ment. Special Assistant ...... DB140052 3/13/2014 Office of Elementary and Sec- Chief of Staff ...... DB140049 3/6/2014 ondary Education. Office of the Secretary ...... Special Assistant ...... DB140015 3/11/2014 Office of Communications and Out- Assistant Press Secretary ...... DB140053 3/26/2014 reach. Deputy Assistant Secretary for DB140054 3/27/2014 State and Local Engagement. DEPARTMENT OF ENERGY...... Assistant Secretary for Congres- Senior Advisor ...... DE140044 3/5/2014 sional and Intergovernmental Af- fairs. Office of the Secretary ...... White House Liaison ...... DE140045 3/7/2014 Assistant Secretary for Energy Effi- Chief of Staff ...... DE140040 3/10/2014 ciency and Renewable Energy. Office of Public Affairs ...... Deputy Press Secretary ...... DE140043 3/11/2014 Office of Management ...... Special Assistant ...... DE140039 3/13/2014 ENVIRONMENTAL PROTECTION Office of the Administrator ...... Deputy Press Secretary ...... EP140021 3/13/2014 AGENCY. EXPORT–IMPORT BANK ...... Office of the Chairman ...... Executive Secretary ...... EB140004 3/11/2014 Office of Communications ...... Vice President of External Rela- EB140005 3/18/2014 tions and Outreach. GENERAL SERVICES ADMINIS- Pacific Rim Region ...... Special Assistant ...... GS140009 3/6/2014 TRATION. DEPARTMENT OF HOMELAND U.S. Customs and Border Protec- Senior Advisor ...... DM140097 3/7/2014 SECURITY. tion. Advisor ...... DM140102 3/13/2014 U.S. Immigration and Customs En- Advisor to the Commissioner ...... DM140098 3/07/2014 forcement. Congressional Relations Director ... DM140099 3/11/2014 U.S. Citizenship and Immigration Counselor ...... DM140100 3/11/2014 Services. Office of the Assistant Secretary Director ...... DM140101 3/11/2014 for Policy. Office of the Assistant Secretary Special Assistant ...... DM140105 3/14/2014 for Policy. Office of the Under Secretary for Special Assistant for Science and DM140109 3/25/2014 Science and Technology. Technology. Office of the Chief of Staff ...... Director of Trips and Advance ...... DM140111 3/25/2014 Federal Emergency Management Special Assistant ...... DM140112 3/25/2014 Agency. Privacy Officer ...... Advisor to the Chief Privacy Officer DM140113 3/26/2014 Immediate Office of the Deputy Special Assistant ...... DM140108 3/28/2014 Secretary. DEPARTMENT OF HOUSING AND Office of Public Affairs ...... General Deputy Assistant Sec- DU140014 3/20/2014 URBAN DEVELOPMENT. retary for Public Affairs. DEPARTMENT OF THE INTERIOR Bureau of Safety and Environ- Special Assistant ...... DI140021 3/25/2014 mental Enforcement. Secretary’s Immediate Office ...... Special Assistant (2) ...... DI140022 3/27/2014 DI140023 3/27/2014 DEPARTMENT OF JUSTICE ...... Executive Office for United States Counsel ...... DJ140037 3/28/2014 Attorneys. DEPARTMENT OF LABOR ...... Office of the Secretary ...... Special Assistant ...... DL140034 3/28/2014 NATIONAL ENDOWMENT FOR National Endowment for the Arts ... Director of Public Affairs ...... NA140002 3/6/2014 THE ARTS.

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Authorization Agency name Organization name Position title No. Effective date

Congressional Liaison ...... NA140003 3/27/2014 OCCUPATIONAL SAFETY AND Occupational Safety and Health Confidential Assistant ...... SH140001 3/26/2014 HEALTH REVIEW COMMISSION. Review Commission. SMALL BUSINESS ADMINISTRA- Office of Communications and Senior Speechwriter ...... SB140012 3/21/2014 TION. Public Liaison. DEPARTMENT OF STATE ...... Bureau of Public Affairs ...... Staff Assistant ...... DS140065 3/5/2014 Bureau of Western Hemisphere Af- Staff Assistant ...... DS140011 3/11/2014 fairs. Bureau of Legislative Affairs ...... Legislative Management Officer ..... DS140067 3/11/2014 Bureau of International Narcotics Senior Advisor ...... DS140024 3/13/2014 and Law Enforcement Affairs. Office of the Under Secretary for Staff Assistant ...... DS140069 3/19/2014 Public Diplomacy and Public Af- fairs. DEPARTMENT OF THE TREAS- Under Secretary for Terrorism and Senior Policy Advisor ...... DY140047 3/6/2014 URY. Financial Intelligence. Assistant Secretary for Financial Senior Advisor ...... DY140053 3/10/2014 Institutions. UNITED STATES INTER- Office of Commissioner Broadbent Staff Assistant ...... TC140005 3/7/2014 NATIONAL TRADE COMMIS- SION. DEPARTMENT OF VETERANS Office of the Secretary and Deputy Special Assistant/ White House Li- DV140026 3/27/2014 AFFAIRS. aison.

The following Schedule C appointing authorities were revoked during March 2014.

Authorization Agency name Organization name Position Title No. Vacate date

COMMODITY FUTURES TRADING Office of the Chairperson ...... Public Affairs Specialist (Speech- CT110003 3/13/2014 COMMISSION. writer). DEPARTMENT OF EDUCATION ... Office of Innovation and Improve- Confidential Assistant ...... DB120062 3/7/2014 ment. Office of Planning, Evaluation and Chief of Staff ...... DB100040 3/8/2014 Policy Development. Special Assistant ...... DB100074 ...... 3/8/2014 Office of Legislation and Congres- Chief of Staff ...... DB120063 3/8/2014 sional Affairs. Office of the Deputy Secretary ...... Confidential Assistant ...... DB130052 3/14/2014 Office of Vocational and Adult Edu- Special Assistant ...... DB130010 3/22/2014 cation. DEPARTMENT OF HOMELAND U.S. Citizenship and Immigration Counselor to the Director ...... DM100341 3/13/2014 SECURITY. Services. Office of the Under Secretary for Senior Advisor for Public Affairs .... DM120086 3/22/2014 National Protection and Pro- grams Directorate. DEPARTMENT OF LABOR ...... Office of the Secretary ...... White House Liaison ...... DL130029 3/21/2014 DEPARTMENT OF TRANSPOR- Administrator ...... Director, Office of Governmental DT100040 3/14/2014 TATION. Affairs, Policy and Strategic Planning. ENVIRONMENTAL PROTECTION Office of the Assistant Adminis- Senior Counsel to the Assistant EP100018 3/1/2014 AGENCY. trator for Air and Radiation. Administrator for Air and Radi- ation. OCCUPATIONAL SAFETY AND Occupational Safety and Health Confidential Assistant to the Chair- SH090007 3/7/2014 HEALTH REVIEW COMMISSION. Review Commission. man.

Authority: 5 U.S.C. 3301 and 3302; E.O. SECURITIES AND EXCHANGE Education and Advocacy, 10577, 3 CFR, 1954–1958 Comp., p. 218. COMMISSION Washington, DC 20549–0213. U.S. Office of Personnel Management. Extension: Submission for OMB Review; Katherine Archuleta, Rule 163; SEC File No. 270–556, OMB Comment Request Director. Control No. 3235–0619. [FR Doc. 2014–11618 Filed 5–19–14; 8:45 am] Upon Written Request Copies Available Notice is hereby given that, pursuant BILLING CODE 6325–39–P From: Securities and Exchange to the Paperwork Reduction Act of 1995 Commission, Office of Investor (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission

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(‘‘Commission’’) has submitted to the Notice is hereby given that, pursuant SECURITIES AND EXCHANGE Office of Management and Budget this to the Paperwork Reduction Act of 1995 COMMISSION request for extension of the previously (44 U.S.C. 3501 et seq.), the Securities approved collection of information and Exchange Commission Proposed Collection; Comment discussed below. (‘‘Commission’’) has submitted to the Request Rule 163 (17 CFR 230.163) provides Office of Management and Budget this Upon Written Request, Copies Available an exemption from Section 5(c) (15 request for extension of the previously From: Securities and Exchange U.S.C. 77e(c)) under the Securities Act approved collection of information Commission, Office of Investor of 1933 (15 U.S.C. 77a et seq.) for certain discussed below. Education and Advocacy, communications by or on behalf of a Form CB (17 CFR 239.800) is a Washington, DC 20549–0213. well-known seasoned issuer. The document filed in connection with a Extension: information filed under Rule 163 is tender offer for a foreign private issuer. Regulation S–X; SEC File No. 270–003, OMB publicly available. We estimate that it This form is used to report an issuer Control No. 3235–0009. takes approximately 0.24 burden hours tender offer conducted in compliance Notice is hereby given that, pursuant per response to provide the information with Exchange Act Rule 13e–4(h)(8) (17 to the Paperwork Reduction Act of 1995 required under Rule 163 and is filed by CFR 240.13e–4(h)(8)), a third-party (44 U.S.C. 3501 et seq.), the Securities approximately 53 issuers. We estimate tender offer conducted in compliance and Exchange Commission that 25% of the 0.24 hours per response with Exchange Act Rule 14d–1(c) (17 (‘‘Commission’’) is soliciting comments (0.06 hours) is prepared by the issuer for CFR 240.14d–1(c)) and a going private on the collection of information an annual reporting burden of 3 hours transaction conducted in accordance summarized below. The Commission (0.06 hours per response × 53 with Rule 13e–3(g)(6) (17 CFR 240.13e– plans to submit this existing collection responses). 3(g)(6). Form CB is also used by a of information to the Office of An agency may not conduct or subject company pursuant to Exchange Management and Budget for extension sponsor, and a person is not required to Act Rule 14e–2(d) (17 CFR 240.14e– and approval. respond to, a collection of information 2(d)). This information is made Information collected and information unless it displays a currently valid available to the public. Information prepared pursuant to Regulation S–X control number. provided on Form CB is mandatory. focus on the form and content of, and The public may view the background Form CB takes approximately 0.5 hours requirements for, financial statements filed with periodic reports and in documentation for this information per response to prepare and is filed by connection with the offer and sale of collection at the following Web site, approximately 200 respondents securities. Investors need reasonably www.reginfo.gov. Comments should be annually. We estimate that 25% of the directed to: (i) Desk Officer for the current financial statements to make 0.5 hours per response (0.125 hours) is informed investment and voting Securities and Exchange Commission, prepared by the respondent for an Office of Information and Regulatory decisions. annual reporting burden of 25 hours The potential respondents include all Affairs, Office of Management and (0.125 hours per response x 200 entities that file registration statements Budget, Room 10102, New Executive responses). or reports pursuant to the Securities Act Office Building, Washington, DC. 20503, An agency may not conduct or of 1933 (15 U.S.C. 77a, et seq.), the or by sending an email to: Shagufta_ Securities Exchange Act of 1934 (15 [email protected]; and (ii) Thomas sponsor, and a person is not required to U.S.C. 78a, et seq.) or the Investment Bayer, Director/Chief Information respond to, a collection of information Company Act of 1940 (15 U.S.C. 80a–1, Officer, Securities and Exchange unless it displays a currently valid control number. et seq.). Commission, c/o Remi Pavlik-Simon, Regulation S–X specifies the form and The public may view the background 100 F Street NE., Washington, DC 20549 content of financial statements when _ documentation for this information or send an email to: PRA Mailbox@ those financial statements are required sec.gov. Comments must be submitted to collection at the following Web site, to be filed by other rules and forms OMB within 30 days of this notice. www.reginfo.gov. Comments should be under the federal securities laws. Dated: May 14, 2014. directed to: (i) Desk Officer for the Compliance burdens associated with the Kevin M. O’Neill, Securities and Exchange Commission, financial statements are assigned to the Office of Information and Regulatory Deputy Secretary. rule or form that directly requires the Affairs, Office of Management and financial statements to be filed, not to [FR Doc. 2014–11573 Filed 5–19–14; 8:45 am] Budget, Room 10102, New Executive BILLING CODE 8011–01–P Regulation S–X. Instead, an estimated Office Building, Washington, DC 20503, burden of one hour traditionally has _ or by sending an email to: Shagufta been assigned to Regulation S–X for SECURITIES AND EXCHANGE [email protected]; and (ii) Thomas incidental reading of the regulation. The COMMISSION Bayer, Director/Chief Information estimated average burden hours are Officer, Securities and Exchange solely for purposes of the Paperwork Submission for OMB Review; Commission, c/o Remi Pavlik-Simon, Reduction Act and are not derived from Comment Request 100 F Street NE., Washington, DC 20549 a comprehensive or even a or send an email to: PRA_Mailbox@ representative survey or study of the Upon Written Request Copies Available sec.gov. Comments must be submitted to costs of SEC rules or forms. From: Securities and Exchange OMB within 30 days of this notice. Written comments are invited on: (a) Commission, Office of Investor Dated: May 14, 2014. Whether the proposed collection of Education and Advocacy, information is necessary for the proper Washington, DC 20549–0213. Kevin M. O’Neill, performance of the functions of the Deputy Secretary. Extension: agency, including whether the Form CB., SEC File No. 270–457, OMB [FR Doc. 2014–11575 Filed 5–19–14; 8:45 am] information will have practical utility; Control No. 3235–0518. BILLING CODE 8011–01–P (b) the accuracy of the agency’s estimate

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of the burden of the collection of Commission’s Secretary and serving reliance on the provisions of Regulation information; (c) ways to enhance the applicants with a copy of the request, D under the Securities Act of 1933, as quality, utility, and clarity of the personally or by mail. amended (‘‘Securities Act’’).3 Interests information collected; and (d) ways to Hearing requests should be received of the Fund are not listed on any minimize the burden of the collection of by the Commission by 5:30 p.m. on June securities exchange and do not trade on information on respondents, including 9, 2014, and should be accompanied by an over-the-counter system such as through the use of automated collection proof of service on the applicants, in the NASDAQ. Applicants do not currently techniques or other forms of information form of an affidavit, or, for lawyers, a expect that a substantial and regular technology. Consideration will be given certificate of service. Hearing requests secondary market for the Interests will to comments and suggestions submitted should state the nature of the writer’s develop. in writing within 60 days of this interest, the reason for the request, and 3. The Fund currently issues a single publication. the issues contested. Persons who wish class of Interests (the ‘‘Initial Class’’). Please direct your written comments to be notified of a hearing may request Interests in the Initial Class are not to Thomas Bayer, Chief Information notification by writing to the currently subject to a sales load or Officer, Securities and Exchange Commission’s Secretary. distribution and/or service fees. If the Commission, c/o Remi Pavlik-Simon, ADDRESSES: Secretary, U.S. Securities requested relief is granted, the Fund 100 F St. NE., Washington DC 20549 or and Exchange Commission, 100 F Street intends to redesignate its Initial Class as send an email to: PRA_Mailbox@ NE., Washington, DC 20549–1090; the ‘‘Service Class.’’ Additionally, if the sec.gov. Applicants, c/o Brooks Lindberg, Esq., requested relief is granted, the Fund currently intends to continuously offer Dated: May 14, 2014. Partners Group (USA) Inc., 1114 Avenue of the Americas, 37th Floor, New York, at least one additional class of Interests, Kevin M. O’Neill, New York 10036. ‘‘Institutional Class,’’ with each class Deputy Secretary. FOR FURTHER INFORMATION CONTACT: having its own fee and expense [FR Doc. 2014–11574 Filed 5–19–14; 8:45 am] Deepak T. Pai, Senior Counsel, at (202) structure. For the Service Class and BILLING CODE 8011–01–P 551–6876 or Daniele Marchesani, at Institutional Class, the Placement Agent (202) 551–6821 (Division of Investment may charge a front-end sales load. Any Management, Chief Counsel’s Office). waiver of, scheduled variation in, or SECURITIES AND EXCHANGE SUPPLEMENTARY INFORMATION: elimination of, the sales load will COMMISSION The following is a summary of the comply with the requirements of rule [Investment Company Act Release No. application. The complete application 22d–1 under the Act as if that rule 31046; 812–14147] may be obtained via the Commission’s applied to closed-end management Web site by searching for the file investment companies. Each class may Partners Group Private Equity (Master number, or an applicant using the (but would not necessarily) be subject to Fund), LLC and Partners Group (USA) Company name box, at http:// asset-based distribution and/or service Inc.; Notice of Application www.sec.gov/search/search.html or by fees. 4. In order to provide a limited degree calling (202) 551–8090. May 14, 2014. of liquidity to members (‘‘Members’’), AGENCY: Securities and Exchange Applicants’ Representations the Fund may from time to time offer to Commission (‘‘Commission’’). 1. The Fund is a continuously offered repurchase Interests at their then ACTION: Notice of an application under closed-end management investment current net asset value pursuant to rule section 6(c) of the Investment Company company registered under the Act and 13e–4 under the 1934 Act pursuant to Act of 1940 (the ‘‘Act’’) for an organized as a Delaware limited liability written tenders by Members.4 exemption from sections 18(c) and 18(i) company.1 The Adviser, a Delaware Repurchases will be made at such times, of the Act and for an order pursuant to corporation, is registered with the in such amounts and on such terms as section 17(d) of the Act and rule 17d– Commission as an investment adviser may be determined by the Fund’s board 1 under the Act. under the Investment Advisers Act of of managers (the ‘‘Board’’), in its sole 1940, as amended (the ‘‘Advisers Act’’). discretion. The Adviser expects to Summary of Application: Applicants Foreside Fund Services, LLC, a request an order to permit certain registered broker-dealer under the (such as shares or units) of the Fund (or any other registered closed-end management investment registered closed-end management Securities Exchange Act of 1934, as investment companies to issue multiple company relying on the requested order). amended (‘‘1934 Act’’), currently acts as 3 Interests of the Fund are only sold to classes of limited liability company a placement agent for the Fund. ‘‘accredited investors,’’ as defined in Regulation D interests (‘‘Interests’’) with sales loads Foreside Fund Services, LLC and any under the Securities Act, and ‘‘qualified clients,’’ as defined in the Adviser’s Act. The Fund reserves the and/or asset-based distribution and/or future placement agent or distributor of service fees and contingent deferred right to conduct a public offering of the Interests the Fund (the ‘‘Placement Agent’’) will under the Securities Act in the future. sales loads (‘‘CDSCs’’). be unaffiliated with the Adviser. 4 Service Class and Institutional Class Interests Applicants: Partners Group Private 2. The Fund continuously offers will be subject to an early repurchase fee at a rate Equity (Master Fund), LLC (the ‘‘Fund’’) Interests 2 in private placements in of 2% of the aggregate net asset value of the and Partners Group (USA) Inc. (the Member’s Interest repurchased by the Fund (the ‘‘Early Repurchase Fee’’) if the interval between the ‘‘Adviser’’) (together, the ‘‘Applicants’’). 1 The Fund currently serves as the master fund in date of purchase of the Interests and the valuation Filing Dates: The application was a master-feeder structure operating in accordance date with respect to the repurchase of the Interest filed on April 10, 2013 and amended on with section 12(d)(1)(E) of the Act with four feeder is less than one year. The Early Repurchase Fee will June 10, 2013, September 18, 2013, and funds. If the requested relief is granted and equally apply to all classes of Interests of the Fund, Members (as defined below) of the Fund approve consistent with section 18 of the Act and rule 18f– April 28, 2014. the reorganization of the feeder funds into the 3 thereunder. To the extent the Fund determines to Hearing or Notification of Hearing: An Fund, the feeder funds will be dissolved and the waive, impose scheduled variations of, or eliminate order granting the requested relief will Fund will no longer operate within a master-feeder the Early Repurchase Fee, it will do so consistently be issued unless the Commission orders structure. If the feeder funds are not dissolved, with the requirements of rule 22d–1 under the Act applicants will not rely on the requested relief. and the Fund’s waiver of, scheduled variation in, a hearing. Interested persons may 2 ‘‘Interests’’ includes any other equivalent or elimination of, the Early Repurchase Fee will request a hearing by writing to the designation of a proportionate ownership interest apply uniformly to all classes of shares of the Fund.

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ordinarily recommend that the Board and the Placement Agent.8 In addition, multiple classes of Interests of the authorize the Fund to offer to Applicants will comply with applicable Funds may violate section 18(i) of the repurchase Interests from Members enhanced fee disclosure requirements Act because each class would be quarterly. for fund of funds, including registered entitled to exclusive voting rights with 9 5. The Applicants request that the funds of hedge funds. respect to matters solely related to that order also apply to any other 7. All expenses incurred by the Fund class. 3. Pursuant to section 6(c) of the Act, continuously-offered registered closed- will be allocated among its various the Commission may, by order on end management investment company classes of Interests based on the application, conditionally or existing now or in the future, for which respective net assets of the Fund attributable to each such class, except unconditionally exempt any person, the Adviser or any entity controlling, security, or transaction, or any class or controlled by, or under common control that the net asset value and expenses of each class will reflect the expenses classes of persons, securities, or (as the term ‘‘control’’ is defined in transactions, from any provision or section 2(a)(9) of the Act) with the associated particularly with the distribution and service plan, Member provisions of the Act or from any rule Adviser acts as investment adviser, and or regulation under the Act, if and to the which provides periodic liquidity with servicing fees (including transfer agency fees) and any other incremental expense extent that the exemption is necessary respect to its Interests pursuant to rule particular to each class. Expenses of the or appropriate in the public interest and 13e–4 under the 1934 Act.5 Fund allocated to a particular class of consistent with the protection of 6. Applicants represent that any asset- the Fund’s Interest will be borne on a investors and the purposes fairly based service and distribution fees will pro rata basis by each outstanding intended by the policy and provisions of comply with the provisions of rule Interest of that class. The Fund will the Act. Applicants request exemptive 2830(d) of the Conduct Rules of the comply with the provisions of rule 18f– relief under section 6(c) from sections National Association of Securities 3 as if it were an open-end investment 18(c) and 18(i) to permit the Funds to Dealers, Inc. (‘‘NASD Conduct Rule company. issue multiple classes of Interests. 2830’’).6 Applicants also represent that 8. Although the Fund does not 4. Applicants also believe that the the Fund will disclose in each private currently intend to impose CDSCs, the proposed allocation of expenses relating placement memorandum the fees, Fund will only impose a CDSC in to distribution and voting rights is expenses and other characteristics of compliance with rule 6c–10 as if that equitable and will not discriminate each class of Interests offered for sale by rule applied to closed-end management against any group or class of Members. that private placement memorandum, as investment companies. Applicants Applicants submit that the proposed is required for open-end, multiple class further state that, in the event it imposes arrangements would permit the Fund to facilitate the distribution of Interests funds under Form N–1A. The Fund will CDSCs, the Fund will apply the CDSCs and provide investors with a broader disclose fund expenses borne by (and any waivers or scheduled choice of Member options. Applicants Members as if it were an open-end variations of the CDSCs) uniformly to all believe that the proposed multiple class management investment company Members of a given class and system does not raise the concerns during the reporting period in Member consistently with the requirements of underlying section 18 of the Act to any reports and describe in its private rule 22d–1 under the Act. placement memorandum any greater degree than open-end arrangements that result in breakpoints Applicants’ Legal Analysis investment companies’ multiple class structures. Applicants believe that the in, or elimination of, sales loads with Multiple Classes of Shares respect to each class of Interests offered rationale for and the conditions 1. Section 18(c) of the Act provides, contained in rule 18f–3 are as applicable for sale by that prospectus.7 The Fund in relevant part, that a closed-end to a closed-end investment company or Placement Agent will also comply investment company may not issue or seeking to offer multiple classes of with any requirement that may be sell any senior security if, immediately Interests with varying distribution and adopted by the Commission or FINRA thereafter, the company has outstanding service arrangements in a single regarding disclosure at the point of sale more than one class of senior security. portfolio as they are to open-end and in transaction confirmations about Applicants state that the creation of investment companies. Applicants state the costs and conflicts of interest arising multiple classes of Interests of the that the Fund will comply with the out of the distribution of open-end Funds may be prohibited by section provisions of rule 18f–3 as if it were an investment company shares, and 18(c) of the Act. open-end investment company. regarding private placement 2. Section 18(i) of the Act provides memorandum disclosure of sales loads CDSCs that each share of stock issued by a and revenue sharing arrangements as if registered management investment 1. Applicants believe that the those requirements applied to the Fund company will be a voting stock and requested relief meets the standards of have equal voting rights with every section 6(c) of the Act. Rule 6c–10 5 Any Fund relying on this relief will do so in a under the Act permits open-end manner consistent with the terms and conditions of other outstanding voting stock. the application. Applicants represent that each Applicants state that permitting investment companies to impose investment company presently intending to rely on CDSCs, subject to certain conditions. the order requested in the application is listed as 8 See Confirmation Requirements and Point of Applicants state that although the Fund an applicant. Sale Disclosure Requirements for Transactions in does not currently intend to impose 6 All references to NASD Conduct Rule 2830 Certain Mutual Funds and Other Securities and CDSCs, the Fund will only impose a include any successor or replacement rule that may Other Confirmation Requirement Amendments, and be adopted by FINRA. Amendments to the Registration Form for Mutual CDSC in compliance with rule 6c–10 as 7 See Shareholder Reports and Quarterly Portfolio Funds, Investment Company Act Release No. 26341 if that rule applied to closed-end Disclosure of Registered Management Investment (Jan. 29, 2004) (proposing release). management investment companies. Companies, Investment Company Act Release No. 9 Fund of Funds Investments, Investment The Fund would also make required 26372 (Feb. 27, 2004) (adopting release); and Company Act Rel. Nos. 26198 (Oct. 1, 2003) Disclosure of Breakpoint Discounts by Mutual (proposing release) an 27399 (Jun. 20, 2006) disclosures in accordance with the Funds, Investment Company Act Release No. 26464 (adopting release). See also Rules 12d1–1, et seq. of requirements of Form N–1A concerning (June 7, 2004) (adopting release). the Act. CDSCs as if the Fund were an open-end

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investment company. Applicants further Rule 2830, as amended from time to SECURITIES AND EXCHANGE state that, in the event it imposes time or replaced, as if that rule applied COMMISSION CDSCs, the Fund will apply the CDSCs to all closed-end management (and any waivers or scheduled investment companies. [Release No. 34–72163; File No. SR–ISE– variations of the CDSCs) uniformly to all For the Commission, by the Division of 2014–27] Members of a given class and Investment Management, under delegated consistently with the requirements of authority. Self-Regulatory Organizations; rule 22d–1 under the Act. Finally, to the Kevin M. O’Neill, International Securities Exchange, extent the Fund determines to waive, Deputy Secretary. LLC; Notice of Filing and Immediate impose scheduled variations of, or [FR Doc. 2014–11571 Filed 5–19–14; 8:45 am] Effectiveness of Proposed Rule eliminate the Early Repurchase Fee, it Change To Amend the Schedule of will do so consistently with the BILLING CODE 8011–01–P Fees requirements of Rule 22d–1 under the 1940 Act and the Fund’s waiver of, SECURITIES AND EXCHANGE May 14, 2014. scheduled variation in, or elimination COMMISSION of, the Early Repurchase Fee will apply Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the uniformly to all classes of shares of the Sunshine Act Meeting Fund. ‘‘Act’’), 1 and Rule 19b–4 thereunder, 2 Notice is hereby given, pursuant to notice is hereby given that on May 2, Asset-based Service and Distribution 2014, the International Securities Fees the provisions of the Government in the Sunshine Act, Public Law 94–409, that Exchange, LLC (the ‘‘Exchange’’ or the 1. Section 17(d) of the Act and rule the Securities and Exchange ‘‘ISE’’) filed with the Securities and 17d–1 under the Act prohibit an Commission will hold a Closed Meeting Exchange Commission the proposed affiliated person of a registered on Wednesday, May 21, 2014 at 10 a.m. rule change, as described in Items I, II, investment company or an affiliated and III below, which items have been person of such person, acting as Commissioners, Counsel to the Commissioners, the Secretary to the prepared by the self-regulatory principal, from participating in or organization. The Commission is effecting any transaction in connection Commission, and recording secretaries publishing this notice to solicit with any joint enterprise or joint will attend the Closed Meeting. Certain comments on the proposed rule change arrangement in which the investment staff members who have an interest in from interested persons. company participates unless the the matters also may be present. Commission issues an order permitting The General Counsel of the I. Self-Regulatory Organization’s the transaction. In reviewing Commission, or her designee, has Statement of the Terms of Substance of applications submitted under section certified that, in her opinion, one or the Proposed Rule Change 17(d) and rule 17d–1, the Commission more of the exemptions set forth in 5 considers whether the participation of U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) The ISE proposes to amend its the investment company in a joint and 17 CFR 200.402(a)(3), (5), (7), 9(ii) Schedule of Fees to introduce a new enterprise or joint arrangement is and (10), permit consideration of the Market Maker Plus rebate for Market consistent with the provisions, policies scheduled matter at the Closed Meeting. Makers that quote certain symbols in and purposes of the Act, and the extent Commissioner Stein, as duty officer, size, and to update the definition of to which the participation is on a basis voted to consider the items listed for the Mini Option to reflect the recent Google different from or less advantageous than Closed Meeting in closed session, and stock split. The text of the proposed rule that of other participants. determined that no earlier notice thereof change is available on the Exchange’s 2. Rule 17d–3 under the Act provides was possible. Web site (http://www.ise.com), at the an exemption from section 17(d) and The subject matter of the Closed principal office of the Exchange, and at rule 17d–1 to permit open-end Meeting will be: the Commission’s Public Reference investment companies to enter into Room. distribution arrangements pursuant to Institution and settlement of rule 12b–1 under the Act. Applicants injunctive actions; II. Self-Regulatory Organization’s request an order pursuant to Section institution and settlement of Statement of the Purpose of, and 17(d) of the Act and Rule 17d–1 administrative proceedings; Statutory Basis for, the Proposed Rule thereunder to the extent necessary for an adjudicatory matter; and Change the Fund to pay asset-based distribution other matters relating to enforcement and/or service fees. Applicants have In its filing with the Commission, the proceedings. agreed to comply with rules 12b–1 and self-regulatory organization included 17d–3 as if those rules applied to At times, changes in Commission statements concerning the purpose of, closed-end investment companies. priorities require alterations in the and basis for, the proposed rule change scheduling of meeting items. Applicants’ Condition and discussed any comments it received For further information and to on the proposed rule change. The text Applicants agree that any order ascertain what, if any, matters have been of these statements may be examined at granting the requested relief will be added, deleted or postponed, please the places specified in Item IV below. subject to the following condition: contact the Office of the Secretary at The self-regulatory organization has Applicants will comply with the (202) 551–5400. prepared summaries, set forth in provisions of rules 6c–10, 12b–1, 17d– 3, 18f–3, and 22d–1 under the Act, as Dated: May 15, 2014. sections A, B and C below, of the most amended from time to time or replaced, Kevin M. O’Neill, significant aspects of such statements. as if those rules applied to closed-end Deputy Secretary. management investment companies, [FR Doc. 2014–11706 Filed 5–16–14; 11:15 am] 1 15 U.S.C. 78s(b)(1). and will comply with NASD Conduct BILLING CODE 8011–01–P 2 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s in three actively traded Select Symbols: 1. Market Maker Plus: BAC, SPY, IWM Statement of the Purpose of, and Bank of America Corp (‘‘BAC’’), SPDR Statutory Basis for, the Proposed Rule S&P 500 ETF Trust (‘‘SPY’’), and the The Exchange believes that it is Change iShares Russell 2000 ETF (‘‘IWM’’).6 In reasonable, equitable, and not unfairly particular, Market Makers who qualify discriminatory to introduce a higher 1. Purpose as Market Maker Plus in BAC, SPY, and Market Maker Plus rebate for Market The purpose of the proposed rule IWM will earn a rebate of $0.25 per Makers that meet the specified change is to amend the Schedule of Fees contract if at the time of the trade their quotation size requirements in BAC, to introduce a new Market Maker Plus displayed quantity, 7 in the traded SPY, and IWM as the higher rebates will rebate for Market Makers that quote series, 8 is at least 1,000 contracts.9 encourage Market Makers to post deep certain symbols in size, and to update Market Makers that achieve Market markets in these actively traded the definition of Mini Option to reflect Maker Plus will continue to receive the symbols, which will benefit all market the recent Google stock split. The fee current rebate amounts when the Market participants that trade on the ISE. The changes discussed apply to both Maker does not have a displayed size of Market Maker Plus rebate is competitive Standard Options and Mini Options 1,000 contracts or more at the time of with incentives provided by other traded on the Exchange. The Exchange’s the trade. If a Market Maker that exchanges, and has proven to be an Schedule of Fees has separate tables for qualifies for the $0.22 per contract effective incentive for Market Makers to fees applicable to Standard Options and Market Maker Plus rebate based on total provide liquidity in Select Symbols. The Mini Options. The Exchange notes that affiliated Priority Customer ADV also Exchange believes that the new rebate while the discussion below relates to qualifies for the new rebate that Market will similarly be effective in fees for Standard Options, the fees for Maker will receive the higher $0.25 per encouraging Market Makers to post Mini Options, which are not discussed contract rebate. tighter markets, in size, in BAC, SPY, below, are and shall continue to be 1/ and IWM. Furthermore, the Exchange 10th of the fees for Standard Options. 2. Mini Option Definition: Google Stock believes that the new Market Maker Plus Split rebate for these symbols is not unfairly 1. Market Maker Plus: BAC, SPY, IWM discriminatory because all Market In order to promote and encourage The ISE recently amended Makers can achieve the new higher liquidity in symbols that are in the Supplementary Material .13 to Rule 504, rebate by satisfying the current quoting penny pilot program (‘‘Select listing standards for Mini Options, to requirements and maintaining quotes of Symbols’’), the Exchange currently enable the continued trading of Mini 1,000 contracts or more (at the time of offers Market Makers 3 who meet the Options on Google Class A shares, the trade) in these symbols. quoting requirements for Market Maker which were assigned a new symbol, 2. Mini Option Definition: Google Stock Plus 4 a rebate of $0.20 per contract for ‘‘GOOGL’’, in connection with Google’s 10 Split adding liquidity in those symbols. In recent stock split. The Exchange now addition, the Exchange pays a higher proposes to similarly update the definition of ‘‘Mini Option’’ in its As part of Google’s recent stock split, rebate of $0.22 per contract to Market the symbol ‘‘GOOG’’ was assigned to the Makers who meet the quoting Schedule of Fees to indicate that Mini Options include options overlying ten new Google Class C shares, while requirements for Market Maker Plus and Google Class A shares were assigned the are affiliated with an Electronic Access shares of ‘‘GOOGL’’. As proposed, ‘‘Mini Options’’ are options overlying symbol ‘‘GOOGL’’. The Exchange Member (‘‘EAM’’) that executes a total recently updated its Mini Options rules affiliated Priority Customer 5 average ten (10) shares of AAPL, AMZN, GLD, GOOGL and SPY.11 to clarify that it will continue listing daily volume (‘‘ADV’’) of 200,000 Mini Options on the Google Class A contracts or more in a calendar month. 2. Statutory Basis shares, i.e., GOOGL, and believes that it The Exchange now proposes to is reasonable, equitable, and not introduce an additional higher Market The Exchange believes that the unfairly discriminatory to update the Maker Plus rebate for members that proposed rule change is consistent with definition of ‘‘Mini Option’’ in the 12 meet specified quotation size the provisions of Section 6 of the Act, Schedule of Fees in order to eliminate requirements on a trade by trade basis in general, and Section 6(b)(4) of the investor confusion about which options 13 Act, in particular, in that it is classes are tradable as Mini Options on 3 The term ‘‘Market Makers’’ refers to designed to provide for the equitable the Exchange. ‘‘Competitive Market Makers’’ and ‘‘Primary Market allocation of reasonable dues, fees, and Makers’’ collectively. See ISE Rule 100(a)(25). other charges among its members and The Exchange notes that it has 4 A Market Maker Plus is a Market Maker who is other persons using its facilities. determined to charge fees and provide on the National Best Bid or National Best Offer at rebates in Mini Options at a rate that is least 80% of the time for series trading between 1/10th the rate of fees and rebates the $0.03 and $3.00 (for options whose underlying 6 The new rebate will only apply to Mini Options stock’s previous trading day’s last sale price was on SPY as the ISE does not offer Mini Options on Exchange provides for trading in less than or equal to $100) and between $0.10 and BAC or IWM. Standard Options. The Exchange $3.00 (for options whose underlying stock’s 7 There is no trade quantity minimum. believes it is reasonable and equitable previous trading day’s last sale price was greater 8 There is no requirement that the Market Maker than $100) in premium in each of the front two and not unfairly discriminatory to maintain a quote size of 1,000 contracts in all series expiration months. A Market Maker’s single best assess lower fees and rebates to provide in order to qualify for the higher rebate. and single worst quoting days each month based on 9 1,000 contract size requirement applies to both market participants an incentive to trade the front two expiration months, on a per symbol Mini Options on the Exchange. The basis, will be excluded in calculating whether a Standard Options and Mini Options. Market Maker qualifies for this rebate, if doing so 10 See Securities Exchange Act Release No. 71932 Exchange believes the proposed fees will qualify a Market Maker for the rebate. (April 11, 2014), 79 FR 21816 (April 17, 2014) (SR– and rebates are reasonable and equitable 5 A Priority Customer is defined in ISE Rule ISE–2014–21). in light of the fact that Mini Options 11 100(a)(37A) as a person or entity that is not a For purposes of the Schedule of Fees, AAPL, have a smaller exercise and assignment broker/dealer in securities, and does not place more AMZN, GLD and SPY are Select Symbols and than 390 orders in listed options per day on average GOOGL is a Non-Select Symbol. value, specifically 1/10th that of a during a calendar month for its own beneficial 12 15 U.S.C. 78f. standard option contract, and, as such, account(s). 13 15 U.S.C. 78f(b)(4). is providing fees and rebates for Mini

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Options that are 1/10th of those Commission shall institute proceedings For the Commission, by the Division of applicable to Standard Options. to determine whether the proposed rule Trading and Markets, pursuant to delegated 17 should be approved or disapproved. authority. B. Self-Regulatory Organization’s Kevin M. O’Neill, Statement on Burden on Competition IV. Solicitation of Comments Deputy Secretary. In accordance with Section 6(b)(8) of [FR Doc. 2014–11570 Filed 5–19–14; 8:45 am] 14 Interested persons are invited to the Act, the Exchange does not BILLING CODE 8011–01–P believe that the proposed rule change submit written data, views, and will impose any burden on intermarket arguments concerning the foregoing, or intramarket competition that is not including whether the proposed rule SECURITIES AND EXCHANGE necessary or appropriate in furtherance change is consistent with the Act. COMMISSION of the purposes of the Act. To the Comments may be submitted by any of [File No. 500–1] contrary, the Exchange believes that the the following methods: proposed rule change is pro-competitive Electronic Comments Fusion Pharm, Inc.; Order of as it provides an additional incentive for Suspension of Trading Market Makers to make deep markets in • Use the Commission’s Internet three actively traded Select Symbols, comment form (http://www.sec.gov/ May 16, 2014. which will benefit all market rules/sro.shtml); or It appears to the Securities and participants that trade on the ISE. In • Send an Email to rule-comments@ Exchange Commission that there is a addition, the proposed change to the sec.gov. Please include File No. SR–ISE– lack of current and accurate information definition of Mini Option is a technical 2014–27 on the subject line. concerning the securities of change that will have no competitive FusionPharm, Inc. (‘‘FusionPharm’’) impact. The Exchange operates in a Paper Comments because of questions regarding the highly competitive market in which accuracy of assertions by FusionPharm • market participants can readily direct Send paper comments in triplicate and by others, in filings and disclosures their order flow to competing venues. In to Secretary, Securities and Exchange made by FusionPharm on OTC Link such an environment, the Exchange Commission, 100 F Street NE., (previously ‘‘Pink Sheets’’) operated by must continually review, and consider Washington, DC 20549–1090. OTC Markets Group. Inc. and press adjusting, its fees to remain competitive All submissions should refer to File releases to investors concerning, among with other exchanges. For the reasons Number SR–ISE–2014–27. This file other things: (1) The company’s assets; described above, the Exchange believes number should be included on the (2) the company’s revenues; (3) the that the proposed fee changes reflect subject line if email is used. To help the company’s financial statements; (4) the this competitive environment. company’s business transactions; and Commission process and review your (5) the company’s current financial C. Self-Regulatory Organization’s comments more efficiently, please use condition. Statement on Comments on the only one method. The Commission will The Commission is of the opinion that Proposed Rule Change Received From post all comments on the Commission’s the public interest and the protection of Members, Participants or Others Internet Web site (http://www.sec.gov/ investors require a suspension of trading The Exchange has not solicited, and rules/sro.shtml). Copies of the in the securities of the above-listed does not intend to solicit, comments on submission, all subsequent company. this proposed rule change. The amendments, all written statements Therefore, it is ordered, pursuant to Exchange has not received any with respect to the proposed rule Section 12(k) of the Securities Exchange unsolicited written comments from change that are filed with the Act of 1934, that trading in the above- members or other interested parties. Commission, and all written listed company is suspended from the communications relating to the period 9:30 a.m. EDT, on May 16, 2014, III. Date of Effectiveness of the proposed rule change between the Proposed Rule Change and Timing for through 11:59 p.m. EDT, on May 30, Commission and any person, other than 2014. Commission Action those that may be withheld from the By the Commission. The foregoing rule change has become public in accordance with the effective pursuant to Section provisions of 5 U.S.C. 552, will be Jill M. Peterson, 19(b)(3)(A)(ii) of the Act 15 and available for Web site viewing and Assistant Secretary. subparagraph (f)(2) of Rule 19b–4 printing in the Commission’s Public [FR Doc. 2014–11739 Filed 5–16–14; 11:15 am] thereunder, 16 because it establishes a Reference Room, 100 F Street NE., BILLING CODE 8011–01–P due, fee, or other charge imposed by Washington, DC 20549 on official ISE. business days between the hours of SECURITIES AND EXCHANGE At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of such COMMISSION filing of such proposed rule change, the filing also will be available for Commission summarily may inspection and copying at the principal [File No. 500–1] temporarily suspend such rule change if office of the ISE. All comments received it appears to the Commission that such will be posted without change; the Global Stevia Corp.; Order of action is necessary or appropriate in the Commission does not edit personal Suspension of Trading public interest, for the protection of identifying information from May 16, 2014. investors, or otherwise in furtherance of submissions. You should submit only the purposes of the Act. If the It appears to the Securities and information that you wish to make Commission takes such action, the Exchange Commission that there is a available publicly. All submissions lack of complete and accurate should refer to File Number SR–ISE– 14 15 U.S.C. 78f(b)(8). information concerning the securities of 15 15 U.S.C. 78s(b)(3)(A)(ii). 2014–27 and should be submitted by 16 17 CFR 240.19b–4(f)(2). June 10, 2014. 17 17 CFR 200.30–3(a)(12).

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Global Stevia Corp. (‘‘Global Stevia’’) applications for disaster loans may be Effective Date: 05/14/2014. because of questions that have been filed at the address listed above or other EIDL Loan Application Deadline Date: raised about the accuracy and reliability locally announced locations. 02/16/2015. of publicly available information The following areas have been ADDRESSES: Submit completed loan concerning, among other things, determined to be adversely affected by applications to: U.S. Small Business possible undisclosed control persons of the disaster: Administration, Processing and Global Stevia. Global Stevia was a Primary Counties: Beaufort; Pasquotank; Disbursement Center, 14925 Kingsport Nevada corporation based in Perquimans. Road, Fort Worth, TX 76155. Hammonds Plains, Nova Scotia, Canada, Contiguous Counties: FOR FURTHER INFORMATION CONTACT: A. whose corporate status was revoked in North Carolina: Camden; Chowan; Escobar, Office of Disaster Assistance, January 2014. Its securities are quoted Craven; Gates; Hyde; Martin; U.S. Small Business Administration, on OTC Link (previously ‘‘Pink Sheets’’) Pamlico; Pitt; Washington. 409 3rd Street SW., Suite 6050, operated by OTC Markets Group, Inc. The Interest Rates are: Washington, DC 20416. under the ticker symbol ‘‘GSTV.’’ SUPPLEMENTARY INFORMATION: The Commission is of the opinion that Percent Notice is the public interest and the protection of hereby given that as a result of the investors require a suspension of trading For Physical Damage: Administrator’s EIDL declaration, in the securities of the above-listed Homeowners With Credit Avail- applications for economic injury able Elsewhere ...... 4.375 disaster loans may be filed at the company. Homeowners Without Credit Therefore, it is ordered, pursuant to address listed above or other locally Available Elsewhere ...... 2.188 announced locations. Section 12(k) of the Securities Exchange Businesses With Credit Avail- Act of 1934, that trading in the The following areas have been able Elsewhere ...... 6.000 determined to be adversely affected by securities of the above-listed company is Businesses Without Credit suspended for the period from 9:30 a.m. Available Elsewhere ...... 4.000 the disaster: Primary Counties: Ouray. EDT on May 16, 2014, through 11:59 Non-Profit Organizations With Contiguous Counties: p.m. EDT on May 30, 2014. Credit Available Elsewhere ... 2.625 Non-Profit Organizations With- Colorado: Gunnison; Hinsdale; By the Commission. out Credit Available Else- Montrose; San Juan; San Miguel. Jill M. Peterson, where ...... 2.625 The Interest Rates are: Assistant Secretary. For Economic Injury: Businesses & Small Agricultural [FR Doc. 2014–11738 Filed 5–16–14; 11:15 am] Percent Cooperatives Without Credit BILLING CODE 8011–01–P Available Elsewhere ...... 4.000 Businesses And Small Agricultural Non-Profit Organizations With- Cooperatives Without Credit out Credit Available Else- Available Elsewhere ...... 4.000 SMALL BUSINESS ADMINISTRATION where ...... 2.625 Non-Profit Organizations Without Credit Available Elsewhere ...... 2.625 [Disaster Declaration #13977 and #13978] The number assigned to this disaster North Carolina Disaster #Nc-00061 for physical damage is 13977 C and for The number assigned to this disaster economic injury is 13978 0. for economic injury is 139850 AGENCY: U.S. Small Business The State which received an EIDL The State which received an EIDL Administration. Declaration # is North Carolina. Declaration # is Colorado. ACTION: Notice. (Catalog of Federal Domestic Assistance (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Number 59002) SUMMARY: This is a notice of an Administrative declaration of a disaster Dated: May 14, 2014. Dated: May 14, 2014. for the State of North Carolina dated 05/ Maria Contreras-Sweet, Maria Contreras-Sweet, 14/2014. Administrator. Administrator. Incident: Tornadoes, High Winds, and [FR Doc. 2014–11691 Filed 5–19–14; 8:45 am] [FR Doc. 2014–11694 Filed 5–19–14; 8:45 am] Severe Storms. BILLING CODE 8025–01–P BILLING CODE 8025–01–P Incident Period: 04/25/2014. Effective Date: 05/14/2014. Physical Loan Application Deadline SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION Date: 07/14/2014. [Disaster Declaration #13985] Economic Injury (EIDL) Loan Advisory Committee on Veterans Business Affairs Application Deadline Date: 02/16/2015. Colorado Disaster # Co-00068 ADDRESSES: Submit completed loan Declaration of Economic Injury AGENCY: U.S. Small Business applications to: U.S. Small Business Administration. Administration, Processing And AGENCY: U.S. Small Business Administration. ACTION: Notice of open Federal Advisory Disbursement Center, 14925 Kingsport Committee meeting. Road, Fort Worth, TX 76155. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: A. SUMMARY: This is a notice of an SUMMARY: The SBA is issuing this notice Escobar, Office of Disaster Assistance, Economic Injury Disaster Loan (EIDL) to announce the location, date, time, U.S. Small Business Administration, declaration for the State of Colorado, and agenda for the next meeting of the 409 3rd Street SW., Suite 6050, dated 05/14/2014. Advisory Committee on Veterans Washington, DC 20416. Incident: Red Mountain Pass Business Affairs. The meeting will be SUPPLEMENTARY INFORMATION: Notice is Rockslide. open to the public. hereby given that as a result of the Incident Period: 01/13/2014 and DATES: Wednesday, June 11, 2014 from Administrator’s disaster declaration, continuing. 9 a.m. to 4 p.m.

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ADDRESSES: U.S. Small Business SUMMARY: The SBA is issuing this notice you need accommodations because of a Administration, 409 3rd Street SW., to announce the location, date, time, disability or require additional Washington, DC 20416. Room: and agenda for its public meeting of the information, please contact Barbara Eisenhower Conference room, located Interagency Task Force on Veterans Carson, Designated Federal Official for on the Concourse Level. Small Business Development. The the Task Force at (202) 205–6773; or by SUPPLEMENTARY INFORMATION: Pursuant meeting will be open to the public. email at: [email protected]. For to section 10(a)(2) of the Federal DATES: Friday, June 6, 2014, from 9:00 more information, please visit our Web Advisory Committee Act (5 U.S.C., a.m. to 12:00 p.m. site at www.sba.gov/vets. Appendix 2), SBA announces the ADDRESSES: SBA 409 3rd Street NW., Dated: May 14, 2014. meeting of the Advisory Committee on Washington, DC 20419. Diana Doukas, Veterans Business Affairs. The Advisory Room: Eisenhower Conference room, SBA Committee Management Officer. Committee on Veterans Business Affairs located on the Concourse Level. [FR Doc. 2014–11627 Filed 5–19–14; 8:45 am] serves as an independent source of SUPPLEMENTARY INFORMATION: Pursuant advice and policy recommendation to to section 10(a) (2) of the Federal BILLING CODE 8025–01–P the Administrator of the U.S. Small Advisory Committee Act (5 U.S.C., Business Administration. Appendix 2), SBA announces the The purpose of this meeting is to meeting of the Interagency Task Force DEPARTMENT OF STATE discuss current and future programs for on Veterans Small Business [Public Notice: 8737] veterans’ small business owners. For Development. The Task Force is information regarding our veterans’ established pursuant to Executive Order 60-Day Notice of Proposed Information resources and partners, please visit our 13540 and focused on coordinating the Collection: Foreign Service Officer Web site at www.sba.gov/vets. efforts of Federal agencies to improve Test Registration Form FOR FURTHER INFORMATION CONTACT: The capital, business development meeting is open to the public, however, opportunities and pre-established ACTION: Notice of request for public advance notice of attendance is Federal contracting goals for small comment. requested. Anyone wishing to attend business concerns owned and SUMMARY: The Department of State is and/or make a presentation to the controlled by veterans (VOB’s) and seeking Office of Management and Advisory Committee must contact service-disabled veterans (SDVOSB’S). Barbara Carson, by June 1, 2014, by Moreover, the Task Force shall Budget (OMB) approval for the email in order to be placed on the coordinate administrative and information collection described below. agenda. Comments for the Record regulatory activities and develop In accordance with the Paperwork should be emailed prior to the meeting proposals relating to ‘‘three focus Reduction Act of 1995, we are for inclusion in the public record, verbal areas’’: (1) Training, Counseling & requesting comments on this collection presentations; however, will be limited Capital; (2) Federal Contracting & from all interested individuals and to five minutes in the interest of time Verification; (3) Improved Federal organizations. The purpose of this and to accommodate as many presenters Support On November 1, 2011, the notice is to allow 60 days for public as possible. Written comments should Interagency Task Force on Veterans comment preceding submission of the be emailed to Barbara Carson, Deputy Small Business Development submitted collection to OMB. Associate Administrator, Office of its first report to the President, which DATES: The Department will accept Veterans Business Development, U.S. included 18 Recommendations. In comments from the public up to June Small Business Administration, 409 3rd addition, the Task Force will allow time 19, 2014. Street SW., Washington, DC 20416. to obtain public comment from ADDRESSES: You may submit comments Additionally, if you need individuals and representatives of by any of the following methods: accommodations because of a disability organizations regarding the areas of • Web: Persons with access to the or require additional information, please focus. Internet may use the Federal Docket contact Barbara Carson, Designated FOR FURTHER INFORMATION CONTACT: The Management System (FDMS) to Federal Official for the Advisory meeting is open to the public, however, comment on this notice by going to Committee on Veterans Business Affairs advance notice of attendance is www.Regulations.gov. You can search at (202) 205–6773; or by email at requested. Anyone wishing to attend for the document by entering ‘‘Public [email protected]. For more and/or make a presentation to the Task Notice 8737’’ in the Search bar. If information, please visit our Web site at Force must contact Barbara Carson, by necessary, use the Narrow by Agency www.sba.gov/vets. May 30, 2014 by email in order to be filter option on the Results page. Dated: May 14, 2014. placed on the agenda. Comments for the • Email: [email protected]. • Diana Doukas, Record should be applicable to the Mail: HR/REE, SA–1, H–518, 2401 E SBA Committee Management Officer. ‘‘three focus areas’’ of the Task Force Street NW., Washington DC 20522. • [FR Doc. 2014–11628 Filed 5–19–14; 8:45 am] and emailed prior to the meeting for Fax: 202.923.6472. • Hand Delivery or Courier: SA–44, BILLING CODE P inclusion in the public record, verbal presentations; however, will be limited 301 4th Street SW., Room 324, to five minutes in the interest of time Washington, DC 20547; telephone: SMALL BUSINESS ADMINISTRATION and to accommodate as many presenters 202.203.5117. as possible. Written comments should You must include the DS form Interagency Task Force on Veterans be emailed to Barbara Carson, number (if applicable), information Small Business Development Designated Federal Officer Office of collection title, and the OMB control number in any correspondence. AGENCY: U.S. Small Business Veterans Business Development, U.S. Administration. Small Business Administration, 409 3rd FOR FURTHER INFORMATION CONTACT: Street SW., Washington, DC 20416, at Direct requests for additional ACTION: Notice of open Federal the email address for the Task Force, information regarding the collection Interagency Task Force meeting. [email protected]. Additionally, if listed in this notice, including requests

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for copies of the proposed collection Dated: May 12, 2014. • Form Number: Various public instrument and supporting documents, William E. Schaal, Jr., surveys. to Claudia M. Coleman, who may be Executive Director, HE/EX, Department of • Respondents: Individuals reached on 202.203.5126 or at State. responding to Department of State [email protected]. [FR Doc. 2014–11535 Filed 5–19–14; 8:45 am] customer service evaluation requests. • SUPPLEMENTARY INFORMATION: BILLING CODE 4710–15–P Estimated Number of Respondents: • Title of Information Collection: 125,000. Foreign Service Officer Test Registration • Estimated Number of Responses: Form. DEPARTMENT OF STATE 125,000. • OMB Control Number: 1405–0008. • Average Time per Response: 3.5 [Public Notice 8738] • Type of Request: Extension. minutes. • • Total Estimated Annual Burden Originating Office: HR/REE/BEX. 30-Day Notice of Proposed Information • Form Number: DS–1998E. Time: 7,292 hours. Collection: Generic Clearance for the • Respondents: registrants for the • Frequency: Once per request. Collection of Qualitative Feedback on Foreign Service Officer Test. • Obligation to Respond: Voluntary. • Estimated Number of Respondents: Agency Service Delivery We are soliciting public comments to permit the Department to: 32,000. ACTION: Notice of request for public • Estimated Number of Responses: • Evaluate whether the proposed comment and submission to OMB of 32,000. information collection is necessary for proposed collection of information. • Average Time Per Response: 2 the proper functions of the Department. • hours. SUMMARY: The Department of State has Evaluate the accuracy of our • Total Estimated Burden Time: submitted the information collection estimate of the time and cost burden for 64,000 hours. described below to the Office of this proposed collection, including the • Frequency: on occasion. validity of the methodology and • Management and Budget (OMB) for Obligation to Respond: Required to approval. In accordance with the assumptions used. • Obtain or Retain a Benefit. Paperwork Reduction Act of 1995 we Enhance the quality, utility, and We are soliciting public comments to are requesting comments on this clarity of the information to be permit the Department to: collection from all interested collected. • • Evaluate whether the proposed individuals and organizations. The Minimize the reporting burden on information collection is necessary for purpose of this Notice is to allow 30 those who are to respond, including the the proper functions of the Department. days for public comment. use of automated collection techniques • Evaluate the accuracy of our or other forms of information DATES: Submit comments directly to the estimate of the time and cost burden for technology. Office of Management and Budget this proposed collection, including the Please note that comments submitted (OMB) up to June 19, 2014. validity of the methodology and in response to this Notice are public assumptions used. ADDRESSES: Direct comments to the record. Before including any detailed • Enhance the quality, utility, and Department of State Desk Officer in the personal information, you should be clarity of the information to be Office of Information and Regulatory aware that your comments as submitted, collected. Affairs at the Office of Management and including your personal information, • Minimize the reporting burden on Budget (OMB). You may submit will be available for public review. those who are to respond, including the comments by the following methods: Abstract of proposed collection: • _ use of automated collection techniques Email: oira submission@ The information collection activity or other forms of information omb.eop.gov. You must include the DS will garner qualitative customer technology. form number, information collection feedback in an efficient, timely manner, Please note that comments submitted in title, and the OMB control number in in accordance with the Administration’s the subject line of your message. commitment to improving service response to this Notice are public • record. Before including any detailed Fax: 202–395–5806. Attention: Desk delivery. This qualitative feedback will personal information, you should be Officer for Department of State. provide insights into customer aware that your comments as submitted, FOR FURTHER INFORMATION CONTACT: perceptions, experiences and including your personal information, Direct requests for additional expectations, provide an early warning will be available for public review. information regarding the collection of issues with service, or focus attention Abstract of proposed collection: listed in this notice, including requests on areas where communication, training Individuals registering for the Foreign for copies of the proposed collection or changes in operations might improve Service Officer Test will complete a instrument and supporting documents delivery of products or services. These registration form that consists of an to: Raymond Ciupek, Department of collections will allow for ongoing, application form that gathers State, Office of Directives Management, collaborative and actionable information about their name, age, 1800 G St. NW., Suite 2400, communications between the Agency Social Security number, contact Washington, DC 20522–2202, who may and its customers. It will also allow information, sex, race, national origin, be reached at [email protected]. feedback to contribute directly to the disability, education, work history and SUPPLEMENTARY INFORMATION: improvement of program management. military experience. The information • Title of Information Collection: Feedback collected under this generic will be used to prepare and issue Generic Clearance for the Collection of clearance will provide useful admission to the Foreign Service officer Qualitative Feedback on Agency Service information, but it will not yield data test, to provide data useful for Delivery. that can be used for quantitative improving future tests and to conduct • OMB Control Number: 1405–0193. information collections that are research studies based on the test • Type of Request: Extension of an designed to yield reliably actionable results. approved collection. results, such as monitoring trends over Methodology: Responses are • Originating Office: Office of time or documenting program submitted electronically. Directives Management, A/GIS/DIR. performance. Such data uses require

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more rigorous designs that address: the be determined, is in the national OMB Approval No. 2138–0009. target population to which interest. I have ordered that Public Title: Report of Financial and generalizations will be made, the Notice of these Determinations be Operating Statistics for Small Aircraft sampling frame, the sample design published in the Federal Register. Operators. (including stratification and clustering), FOR FURTHER INFORMATION CONTACT: For Form No.: BTS Form 298–C. the precision requirements or power further information, including a list of Type Of Review: Extension of a calculations that justify the proposed the imported objects, contact Paul W. currently approved collection for the sample size, the expected response rate, Manning, Attorney-Adviser, Office of financial data. methods for assessing potential non- the Legal Adviser, U.S. Department of Respondents: Small certificated (29) response bias, the protocols for data State (telephone: 202–632–6469). The and commuter air carriers (24). collection, and any testing procedures mailing address is U.S. Department of Schedule F1: that were or will be undertaken prior State, SA–5, L/PD, Fifth Floor (Suite Number of Respondents: 53. fielding the study. Depending on the 5H03), Washington, DC 20522–0505. Number of Annual responses: 212. degree of influence the results are likely Total Burden Per Response: 4 hours. Dated: May 13, 2014. to have, such collections may still be Total Annual Burden: 848 hours. eligible for submission for other generic Kelly Keiderling, Schedule F2: mechanisms that are designed to yield Principal Deputy Assistant Secretary, Bureau Number of Respondents: 29. quantitative results. of Educational and Cultural Affairs, Number of Annual responses: 116. Methodology: Respondents will fill Department of State. Total Burden Per Response: 12 hours. out a brief customer survey after [FR Doc. 2014–11671 Filed 5–19–14; 8:45 am] Total Annual Burden: 1,392 hours. completing their interaction with a BILLING CODE 4710–05–P Needs and Uses: Program uses for Department Office or Embassy. Surveys Form 298–C financial data are as are designed to gather feedback on the follows: customer’s experiences. DEPARTMENT OF TRANSPORTATION Mail Rates Dated: May 13, 2014. [Docket ID Number RITA 2008–0002] The Department of Transportation Janet Freer, sets and updates the Intra-Alaska Bush Agency Information Collection; Director, Office of Directives Management, mail rates based on carrier aircraft Department of State. Activity Under OMB Review; Report of operating expense, traffic, and Financial and Operating Statistics for [FR Doc. 2014–11533 Filed 5–19–14; 8:45 am] operational data. Form 298–C cost data, Small Aircraft Operators BILLING CODE 4710–25–P especially fuel costs, terminal expenses, AGENCY: Office of the Assistant and line haul expenses are used in Secretary for Research and Technology. arriving at rate levels. DOT revises the DEPARTMENT OF STATE established rates based on the ACTION: Notice. [Public Notice 8740] percentage of unit cost changes in the SUMMARY: In compliance with the carriers’ operations. These updating Culturally Significant Objects Imported Paperwork Reduction Act of 1995 (44 procedures have resulted in the carriers for Exhibition Determinations: ‘‘Face to U.S.C. 3501 et seq.), this notice receiving rates of compensation that Face: The Neo-Impressionistic Portrait, announces that the Information more closely parallel their costs of 1886–1904’’ Collection Request (ICR) abstracted providing mail service and contribute to below is being forwarded to the Office the carriers’ economic well-being. SUMMARY: Notice is hereby given of the of Management and Budget (OMB) for Essential Air Service following determinations: Pursuant to extension of currently approved the authority vested in me by the Act of collection. The ICR describes the nature DOT often has to select a carrier to October 19, 1965 (79 Stat. 985; 22 U.S.C. of the information collection and its provide a community’s essential air 2459), Executive Order 12047 of March expected burden. The Federal Register service. The selection criteria include 27, 1978, the Foreign Affairs Reform and Notice with a 60-day comment period historic presence in the community, Restructuring Act of 1998 (112 Stat. soliciting comments on the following reliability of service, financial stability 2681, et seq.; 22 U.S.C. 6501 note, et collection of information was published and cost structure of the air carrier. seq.), Delegation of Authority No. 234 of on March 3, 2014 (79 FR 41, Page Carrier Fitness October 1, 1999, and Delegation of 11873). No comments were received. Authority No. 236–3 of August 28, 2000 Fitness determinations are made for DATES: (and, as appropriate, Delegation of Written comments should be both new entrants and established U.S. Authority No. 257 of April 15, 2003), I submitted by June 19, 2014. domestic carriers proposing a hereby determine that the objects to be FOR FURTHER INFORMATION CONTACT: substantial change in operations. A included in the exhibition ‘‘Face to Marianne Seguin, Office of Airline portion of these applications consists of Face: The Neo-Impressionistic Portrait, Information, RTS–42, Room E34–418, an operating plan for the first year (14 1886–1904,’’ imported from abroad for OST–R, BTS, 1200 New Jersey Avenue CFR part 204) and an associated temporary exhibition within the United SE., Washington, DC 20590–0001, projection of revenues and expenses. States, are of cultural significance. The Telephone Number (202) 366–1547, Fax The carrier’s operating costs, included objects are imported pursuant to loan Number (202) 366–3383 or EMAIL in these projections, are compared agreements with the foreign owners or [email protected]. against the cost data in Form 298–C for custodians. I also determine that the Comments: Send comments to the a carrier or carriers with the same exhibition or display of the exhibit Office of Information and Regulatory aircraft type and similar operating objects at the Indianapolis Museum of Affairs, Office of Management and characteristics. Such a review validates Art, Indianapolis, Indiana, from on or Budget, 725–17th Street NW., the reasonableness of the carrier’s about June 13, 2014, until on or about Washington, DC 20503, Attention: operating plan. September 7, 2014, and at possible RITA/BTS Desk Officer. The quarterly financial submissions additional exhibitions or venues yet to SUPPLEMENTARY INFORMATION: by commuter and small certificated air

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carriers are used in determining each comment on the Canandaigua Airport DEPARTMENT OF TRANSPORTATION carrier’s continuing fitness to operate. (D38), Canandaigua, New York, Notice Section 41738 of Title 49 of the United of Proposed Release from Aeronautical Federal Highway Administration States Code requires DOT to find all Use of approximately 8.315 +/¥ acres of [Docket No. FHWA 2014–0022] commuter and small certificated air airport property, to allow for non- carriers fit, willing, and able to conduct aeronautical development. Agency Information Collection passenger service as a prerequisite to The parcel is located approximately Activities: Request for Comments for a providing such service to an eligible New Information Collection essential air service point. In making a west of the midpoint of Runway 13–31 at the Canandaigua Airport. The tract AGENCY: Federal Highway fitness determination, DOT reviews ¥ three areas of a carrier’s operation: (1) currently consists of 8.315 +/ acres Administration (FHWA), DOT. The qualifications of its management and it is currently vacant. The requested ACTION: Notice and request for team, (2) its disposition to comply with release is for the purpose of permitting comments. laws and regulations, and (3) its the Ontario County Industrial financial posture. DOT must determine Development Agency (Airport Sponsor) SUMMARY: In compliance with the whether or not a carrier has sufficient to convey title of 8.315 +/¥ acres to Paperwork Reduction Act (PRA) of 1995 financial resources to conduct its Paul and Susan Yarnall in exchange for (44 U.S.C. 3501–3521), this notice operations without imposing undue risk a 4.20 +/¥ acre parcel previously announces that FHWA will submit the on the traveling public. Moreover, once conveyed to the Ontario County collection of information described a carrier begins conducting flight Industrial Development Agency by Paul below to the Office of Management and operations, DOT is required to monitor and Susan Yarnall. Documents Budget (OMB) for review and comment. The Federal Register Notice with a 60- its continuing fitness. reflecting the Sponsor’s request are day comment period soliciting Senior DOT officials must be kept available, by appointment only, for fully informed and advised of all comments on the following collection of inspection at the Office of the Ontario information was published on March current and developing economic issues County Industrial Development Agency affecting the airline industry. In 14, 2014. The PRA submission describes and the FAA New York Airport District the nature of the information collection preparing financial condition reports or Office. status reports on a particular airline, and its expected cost and burden. financial and traffic data are analyzed. DATES: Comments must be received by DATES: Please submit comments by June Briefing papers prepared for senior DOT June 19, 2014. 19, 2014. officials may use the same information. ADDRESSES: ADDRESSES: Comments on this You may submit comments The Confidential Information application may be mailed or delivered identified by DOT Docket ID 2014–0022 Protection and Statistical Efficiency Act by any of the following methods: to the FAA at the following address: of 2002 (44 U.S.C. 3501 note), requires Web site: For access to the docket to Steven M. Urlass, Manager, FAA New a statistical agency to clearly identify read background documents or information it collects for non-statistical York Airports District Office, 1 Aviation comments received go to the Federal purposes. BTS hereby notifies the Plaza, Jamaica, New York 11434. In eRulemaking Portal: Go to http:// respondents and the public that BTS addition, a copy of any comments www.regulations.gov. Follow the online uses the information it collects under submitted to the FAA must be mailed or instructions for submitting comments. this OMB approval for non-statistical delivered to Mr. Michael Manikowski, Fax: 1–202–493–2251. purposes including, but not limited to, Executive Director, Ontario County Mail: Docket Management Facility, publication of both Respondent’s Industrial Development Agency, at the U.S. Department of Transportation, identity and its data, submission of the following address: 20 Ontario Street, West Building Ground Floor, Room information to agencies outside BTS for Suite 1068, Canandaigua, NY 14424. W12–140, 1200 New Jersey Avenue SE., review, analysis and possible use in Washington, DC 20590–0001. FOR FURTHER INFORMATION CONTACT: regulatory and other administrative Hand Delivery or Courier: U.S. Steven M. Urlass, Manager, New York matters. Department of Transportation, West Airports District Office, 1 Aviation Building Ground Floor, Room W12–140, Issued on May 15, 2014. Plaza, Jamaica, New York 11434; Rolf R. Schmitt, 1200 New Jersey Avenue SE., telephone (718) 995–5771; FAX (718) Washington, DC 20590, between 9 a.m. Deputy Director, Bureau of Transportation 995–5790; email [email protected]. Statistics. and 5 p.m. ET, Monday through Friday, except Federal holidays. [FR Doc. 2014–11601 Filed 5–19–14; 8:45 am] SUPPLEMENTARY INFORMATION: Section FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–9X–P 125 of the Wendell H. Ford Aviation Investment and Reform Act for the 1st William Ostrum, 202–366–4651, Century (AIR21) requires the FAA to Department of Transportation, FHWA, DEPARTMENT OF TRANSPORTATION provide an opportunity for public notice Office of Project Development and and comment before the Secretary may Environmental Review, E76–116, 1200 Federal Aviation Administration waive a Sponsor’s Federal obligation to New Jersey Avenue SE., Washington, use certain airport land for aeronautical DC 20590. Office hours are from 8 a.m. Land Release for Canandaigua Airport use. to 5 p.m., Monday through Friday, (D38) except Federal holidays. Issued in Garden City, New York, on May SUPPLEMENTARY INFORMATION: AGENCY: Federal Aviation 12, 2014. Title: FHWA Environmental Administration, DOT. Steven M. Urlass, ACTION: Notice, Request for Public Excellence Awards Manager, New York, Airports District Office, Comment. Background: In 1995 FHWA Eastern Region. established the biennial Environmental SUMMARY: The Federal Aviation [FR Doc. 2014–11560 Filed 5–19–14; 8:45 am] Excellence Awards to recognize Administration is requesting public BILLING CODE 4910–13–P partners, projects, and processes that

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use FHWA funding sources to go DEPARTMENT OF TRANSPORTATION Estimated Number of Responses: 3. beyond environmental compliance and Annual Estimated Total Annual achieve environmental excellence. The National Highway Traffic Safety Burden Hours: 1 hour. Environmental Excellence Awards also Administration Frequency of Collection: ADDRESSES: recognize partners, projects, and Send comments regarding [Docket No. NHTSA–2014–0010] the burden estimate, including processes that exemplify innovation and suggestions for reducing the burden, to commitment to the human environment, Report, Forms and Record Keeping Requirements the Office of Management and Budget, and organization and process Attention: Desk Officer for the Office of innovation. Awardees must make an AGENCY: National Highway Traffic the Secretary of Transportation, 725 outstanding contribution that goes Safety Administration, U.S. Department 17th Street NW., Washington, DC 20503. beyond traditional transportation of Transportation. Comments are invited on: Whether projects and that encourages ACTION: Notice and request for the proposed collection of information environmental stewardship and comments. is necessary for the proper performance partnerships to achieve a truly multi- of the functions of the Department, faceted, environmentally sensitive SUMMARY: In compliance with the including whether the information will transportation solution. Paperwork Reduction Act of 1995 (44 have practical utility; the accuracy of Award: Anyone can nominate a U.S.C. 3501 et seq.), this notice the Department’s estimate of the burden project, process, person or group that announces that the Information of the proposed information collection; ways to enhance the quality, utility and has used FHWA funding sources to Collection Request (ICR) abstracted clarity of the information to be make an outstanding contribution to below is being forwarded to the Office collected; and ways to minimize the transportation and the environment. of Management and Budget (OMB) for review and comments. A Federal burden of the collection of information The nominator is responsible for Register Notice with a 60-day comment on respondents, including the use of submitting an application via the FHWA period soliciting comments on the automated collection techniques or Environmental Excellence Awards Web following information collection was other forms of information technology. site that gives a summary of the published on March 14, 2014. Authority: The Paperwork Reduction Act outstanding accomplishments of the DATES: Comments must be submitted on of 1995; 44 U.S.C. Chapter 35, as amended; entry. The collected information will be or before June 19, 2014. and 49 CFR 1:48. used by FHWA to evaluate the project, showcase environmental excellence, FOR FURTHER INFORMATION CONTACT: Claude H. Harris, and enhance the public’s knowledge of Wayne McKenzie, Office of Crash Acting Associate Administrator for Avoidance Standards (NVS–121), Rulemaking. environmental stewardship in the National Highway Traffic Safety [FR Doc. 2014–11598 Filed 5–19–14; 8:45 am] planning and project development Administration, West Building W43– BILLING CODE 4910–59–P process. Nominations will be reviewed 462, 1200 New Jersey Avenue SE., by a panel of judges from varying Washington, DC 20590. Mr. McKenzie backgrounds. It is anticipated that can be reached at (202) 366–1729. DEPARTMENT OF THE TREASURY awards will be given every 2 years. The SUPPLEMENTARY INFORMATION: winners are presented plaques at an Title: 49 CFR 571.125, Warning Internal Revenue Service awards ceremony. Devices. Proposed Collection; Comment Respondents: Anyone who has used OMB Control Number: 2127–0506. Request for Form 8937 FHWA funding sources in the 50 States, Type of Request: Extension of a U.S. territories, and the District of currently approved collection. AGENCY: Internal Revenue Service (IRS), Columbia. Abstract: 49 U.S.C. 30111, 30112 and Treasury. Frequency: The information will be 30117 of the National Traffic and Motor ACTION: Notice and request for collected biennially. Vehicle Safety Act of 1966 as amended comments. (‘‘the Safety Act’’), authorized the Estimated Average Burden per issuance of Federal Motor Vehicle SUMMARY: The Department of the Response: 8 hours per respondent per Safety Standards (FMVSS). The Treasury, as part of its continuing effort application. Secretary is authorized to issue, amend, to reduce paperwork and respondent Estimated Total Annual Burden and revoke such rules and regulations as burden, invites the general public and Hours: It is expected that the she/he deems necessary. Using this other Federal agencies to take this respondents will complete authority, the agency issued FMVSS opportunity to comment on proposed and/or continuing information approximately 150 applications for an No.125, ‘‘Warning Devices’’ (Appendix collections, as required by the estimated total of 1200 annual burden 2) which applies to devices, without Paperwork Reduction Act of 1995, hours. self-contained energy sources, that are designed to be carried mandatory in Public Law 104–13 (44 U.S.C. Authority: The Paperwork Reduction Act buses and trucks that have a Gross 3506(c)(2)(A)). Currently, the IRS is of 1995; 44 U.S.C. Chapter 35, as amended; Vehicle Weight Rating (GVWR) greater soliciting comments concerning Form and 49 CFR 1.48. than 10,000 pounds and voluntarily in 8937, Report of Organizational Actions Issued On: May 14, 2014. other vehicles. These devices are used Affecting Basis of Securities. Michael Howell, to warn approaching traffic of the DATES: Written comments should be received on or before July 21, 2014 to be Information Collection Officer. presence of a stopped vehicle, except for devices designed to be permanently assured of consideration. [FR Doc. 2014–11623 Filed 5–19–14; 8:45 am] affixed to the vehicles. ADDRESSES: Direct all written comments BILLING CODE 4910–22–P Affected Public: Businesses or other to Christie Preston, Internal Revenue for profit organizations. Service, Room 6129, 1111 Constitution Estimated Number of Respondents: 3. Avenue NW., Washington, DC 20224.

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FOR FURTHER INFORMATION CONTACT: Estimated Time per Respondent: 4 (a) Whether the collection of Requests for additional information or hrs., 8 mins. information is necessary for the proper copies of the form and instructions Estimated Total Annual Burden performance of the functions of the should be directed to Kerry Dennis at Hours: 206,500. agency, including whether the Internal Revenue Service, Room 6129, The following paragraph applies to all information shall have practical utility; 1111 Constitution Avenue NW., of the collections of information covered (b) the accuracy of the agency’s estimate Washington, DC 20224, or through the by this notice: of the burden of the collection of internet, at [email protected]. An agency may not conduct or information; (c) ways to enhance the SUPPLEMENTARY INFORMATION: sponsor, and a person is not required to quality, utility, and clarity of the Title: Report of Organizational respond to, a collection of information information to be collected; (d) ways to Actions Affecting Basis of Securities. unless the collection of information minimize the burden of the collection of OMB Number: 1545–2224. displays a valid OMB control number. Form Number: 8937. information on respondents, including Abstract: Organizational actions that Books or records relating to a collection through the use of automated collection affect the basis of stock will be reported of information must be retained as long techniques or other forms of information on this form. This form will be sent to as their contents may become material technology; and (e) estimates of capital stock holders of record and nominees in the administration of any internal or start-up costs and costs of operation, affected. revenue law. Generally, tax returns and maintenance, and purchase of services Current Actions: There are no changes tax return information are confidential, to provide information. as required by 26 U.S.C. 6103. being made to this form at this time. Approved: May 8, 2014. Type of Review: Extension of a Request for Comments: Comments currently approved collection. submitted in response to this notice will Christie Preston, Affected Public: Business or other for- be summarized and/or included in the IRS Reports Clearance Officer. profit institutions. request for OMB approval. All [FR Doc. 2014–11647 Filed 5–19–14; 8:45 am] Estimated Number of Respondents: comments will become a matter of BILLING CODE 4830–01–P 50,000. public record. Comments are invited on:

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Part II

Federal Communications Commission

47 CFR Part 73 2014 Quadrennial Regulatory Review; Final Rule

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FEDERAL COMMUNICATIONS Synopsis brokered station, set advertising prices, COMMISSION I. Introduction and make other decisions regarding the sale of advertising time, subject to the 47 CFR Part 73 Attribution of Television JSAs licensee’s preemptive right to reject the [MB Docket Nos. 14–50, 09–182, 07–294, 1. The Commission finds that it has advertising. By contrast, a local and 04–256; FCC 14–28] sufficient information to act with marketing agreement (LMA), also respect to the attribution of television referred to as a time brokerage 2014 Quadrennial Regulatory Review JSAs, an issue on which comment was agreement (TBA), involves ‘‘the sale by a licensee of discrete blocks of time to AGENCY: sought previously and renewed in the Federal Communications a ‘broker’ that supplies the programming Commission. NPRM, 77 FR 2867, Jan. 19, 2012, FCC 11–186, rel. Dec. 22, 2011, in the 2010 to fill that time and sells the commercial ACTION: Final rule. Quadrennial Review proceeding. It has spot announcements in it.’’ Based on its ongoing review of television JSAs and SUMMARY: This document completes the looked closely at its standards for the comments in the TV JSA Commission’s proceeding regarding the defining the kinds of agreements proceeding, the Commission finds that attribution of television joint sales between stations that confer a sufficient television JSAs often involve the sale of agreements (JSAs)—in which a degree of influence or control so as to ‘‘brokering station’’ sells the advertising be considered an attributable ownership significant portions of advertising time, time for a ‘‘brokered station’’—for interest under the Commission’s and many involve the sale of 100 purposes of applying the broadcast ownership rules. Consistent with the percent of the advertising time on the ownership rules. The Commission, Commission’s earlier findings regarding brokered station. In addition, in 2012 consistent with its prior decision to radio joint sales agreements (JSAs), it and 2013, Commission staff reviewed 22 attribute radio JSAs, attributes to the finds that certain television JSAs convey transactions involving the sale of 31 brokering station same-market television sufficient influence to warrant television stations in which a JSA was JSAs that cover more than 15 percent of attribution. As discussed below, the part of the proposed transaction. In each the weekly advertising time for the ability of a broker to control a brokered case, the JSA provided for the sale of brokered station. television station’s advertising revenue, 100 percent of the brokered station’s its principal source of income, affords advertising time. These agreements may DATES: Effective June 19, 2014, except the broker the opportunity, ability, and provide the brokered station a flat fee, for the amendment to § 73.3613, which incentive to exert significant influence compensation based on a percentage of contains information collection over the brokered station. For that revenues, or a mixture of both. Of the requirements that are not effective until reason, the Commission will count commenters that described their fee approved by the Office of Management television stations brokered under a arrangements under their JSAs, none and Budget (OMB). The Commission same-market television JSA that described fee arrangements that were will publish a document in the Federal encompasses more than 15 percent of solely based on a flat fee to the licensee. Register announcing the effective date the weekly advertising time for the The Commission does not exclude this of these changes. A separate notice will brokered station toward the brokering possibility since such arrangements be published in the Federal Register station’s permissible ownership totals, appear in radio JSAs and since the soliciting public and agency comments just as it long has done with respect to Commission did not receive information on the information collections and radio stations. The Commission will not about fee arrangements in every existing establishing a deadline for accepting count same-market JSAs toward the television JSA, or even the arrangements such comments. brokering licensee’s national ownership in the JSAs held by commenters in the FOR FURTHER INFORMATION CONTACT: cap to the extent that it would result in TV JSA proceeding. Indeed, the JSA in Hillary DeNigro, Industry Analysis double-counting (i.e., counting the same Shareholders of the Ackerley Group, Division, Media Bureau, FCC, (202) local population twice toward the Inc., 17 FCC Rcd 10828 (2002) 418–2330. For additional information national reach limit). (Ackerley), involved the payment of a concerning the information collection 2. The Commission finds that a flat fee to the licensee. The agreements requirements contained in the Report transition period is appropriate to are often of substantial duration— and Order, contact Cathy Williams at permit licensees that entered into typically five years or more, with (202) 418–2918, or via the Internet at television JSAs of this type prior to the provisions for renewal and cancellation [email protected]. release of the Report and Order to by either party. Further, they are often SUPPLEMENTARY INFORMATION: This is a conform their practices to its multifaceted agreements that include, or synopsis of the Commission’s Report requirements. In addition, the are accompanied by, other agreements and Order, in MB Docket Nos. 14–50, Commission clarifies that the JSA that involve the provision of 09–182, 07–294, and 04–256; FCC 14– attribution rules (radio and television) programming, technical support, and/or 28, was adopted on March 31, 2014, and do not apply to national advertising operational services. In particular, the released on April 15, 2014. The representation agencies. It finds that the record indicates that television JSAs are complete text of the document is benefits of its decision to count certain often accompanied by various sharing available for inspection and copying television JSAs as attributable interests agreements between the broker and the during normal business hours in the for purposes of the ownership rules licensee, such as agreements that FCC Reference Center, 445 12th Street outweigh any costs or other burdens provide for technical assistance, sharing SW., Washington, DC 20554, and may that may result from this action. of studio or office space, accounting and also be purchased from the bookkeeping services, or administrative Commission’s copy contractor, BCPI, II. Background services. Many television JSA brokers Inc., Portals II, 445 12th Street SW., 3. A JSA is an agreement that also provide programming or Washington, DC 20554. Customers may authorizes a broker to sell some or all production services to their brokered contact BCPI, Inc. at their Web site of the advertising time on the brokered stations under the JSA or related sharing http://www.bcpi.com or call 1–800– station. JSAs generally give the broker agreements. In addition, television JSAs 378–3160. authority to hire a sales force for the are often executed in conjunction with

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an option, right of first refusal, put/call acknowledged that same-market JSAs unlike LMAs, do not convey a sufficient arrangement, or other similar contingent could raise competitive concerns but degree of influence or control over interest, or a loan guarantee. For stated that, at that time, it did not broadcast stations to warrant attribution. example, of the 22 transactions believe that such agreements conveyed They argue that the record does not involving television JSAs reviewed by a sufficient degree of influence or support a change in policy, and that the Commission staff in 2012 and 2013 all control over station programming or Commission must give a reasoned involved some type of contingent core operations to warrant attribution, account if it now rejects the previous interest agreement. Over time, the adding that JSAs could promote conclusion. Commission has seen an increase in the diversity by ‘‘enabling smaller stations 8. The Commission sought comment prevalence of television JSAs, and to stay on the air.’’ In the 2002 Biennial generally on attribution of agreements recently such agreements have received Review Order, 68 FR 46286, Aug. 5, among co-market stations in the Notice more attention in broadcast television 2003, FCC 03–127, rel. July 2, 2003, of Proposed Rulemaking in the 2010 transactions. however, the Commission revisited its Quadrennial Review proceeding, 4. The Commission’s attribution rules earlier decision not to attribute same- specifically referencing the seek to identify those interests in market radio JSAs. It concluded, on Commission’s ongoing proceeding licensees that confer on their holders a reexamination, that influence or control regarding the proposed attribution of degree of ‘‘influence or control such that over the advertising revenue of a television JSAs. Many parties addressed the holders have a realistic potential to brokered station, generally the principal attribution of television JSAs in that affect the programming decisions of source of a licensee’s income, afforded proceeding. For example, UCC et al.’s licensees or other core operating the JSA broker, like the LMA broker, the comments in the 2010 Quadrennial functions.’’ For purposes of the multiple potential to exercise sufficient influence Review proceeding support the ownership rules, the concept of ‘‘control over the core operations of a station to Commission’s tentative conclusion in is not limited to majority stock warrant attribution. As it had with the TV JSA NPRM that certain same- ownership, but includes actual working respect to both radio and television market television JSAs should be control in whatever manner exercised.’’ LMAs, the Commission adopted a 15 attributed. Numerous public interest Influence and control are important percent weekly threshold for groups, trade associations, and unions criteria in applying the attribution rules determining whether to attribute same- support the Commission’s proposed because these rules define which market radio JSAs. It also concluded attribution of certain television JSAs interests are significant enough to be that same-market radio JSAs may and its inquiry into SSAs. Many counted for purposes of the sufficiently undermine the broadcast commenters, however, assert Commission’s multiple ownership rules. Commission’s interest in broadcast that television JSAs should not be An interest that confers influence is an competition to warrant limitation under attributable or urge the Commission to interest that is less than controlling, but the multiple ownership rules. As the seek additional comment on television through which the holder may obtain Commission had not explicitly included JSAs before issuing a decision on the ability to induce a licensee to take the issue of attribution of television attribution. actions to protect the interests of the JSAs in the underlying Notice of 9. On February 20, 2014, DOJ holder, and/or where a realistic Proposed Rulemaking, it did not address submitted ex parte comments strongly potential exists to affect a station’s television JSAs in the 2002 Biennial supporting the Commission’s tentative programming and other core operational Review Order, but rather indicated that conclusion to attribute television JSAs. decisions. The attribution rules it would issue a further Notice of DOJ, noting its extensive and growing determine what interests are cognizable Proposed Rulemaking to seek comment experience reviewing television JSAs in under the Commission’s broadcast on whether or not to attribute television the context of its antitrust analysis of ownership rules; they are not ownership JSAs. It subsequently did so in the TV broadcast television transactions, asserts limits in themselves. JSA NPRM, 69 FR 52464, Aug. 26, 2004, that television JSAs provide incentives 5. The Commission first adopted FCC 04–173, rel. Aug. 2, 2004. similar to common ownership and attribution rules for LMAs involving 6. In the TV JSA NPRM, the should be made attributable under the radio stations in the same geographic Commission tentatively concluded that Commission’s rules. DOJ asserts that market in 1992. The Commission was television JSAs have the same effects in failure to attribute such agreements concerned that absent such rules local television markets that radio JSAs could result in circumvention of the significant time brokerage under such do in local radio markets and that the Commission’s media ownership limits agreements could undermine the Commission should therefore attribute and frustrate competition in local Commission’s competition and diversity television JSAs. The Commission noted markets. goals. The Commission found that the that it had no reason to believe that the III. Discussion ability to control the programming on a terms and conditions of television JSAs non-commonly owned in-market radio differ substantially from those of radio 10. The Commission believes that the station allowed the brokering party the JSAs. The Commission asked, however, record compiled in response to the TV ability to unduly influence the brokered whether differences existed between JSA NPRM, as informed by its ongoing station. In 1999, the Commission television and radio JSAs such that it transaction review and comments in the extended the attribution of time should not attribute television JSAs, and 2010 Quadrennial Review proceeding, brokerage agreements to include LMAs it asked whether television JSAs should provides it with relevant and sufficient between television stations, finding that be grandfathered if they were deemed information from which to act. Since the the rationale for attributing same-market attributable. release of the TV JSA NPRM, the radio LMAs applied equally to same- 7. The commenters in response to the Commission has continued to review market television LMAs. In its 1999 TV JSA NPRM consist entirely of JSAs, often in conjunction with Attribution Order, 64 FR 50622, Sept. broadcasters, nearly all of whom urge applications for approval to transfer or 17, 1999, FCC 99–207, rel. Aug. 6, 1999, the Commission not to attribute assign a television station license. The the Commission considered also television JSAs. Commenters urge the Commission notes that during the whether to attribute certain radio and Commission to reaffirm the 1999 pendency of this rulemaking television JSAs. The Commission determination that television JSAs, proceeding, the Media Bureau

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continued to consider and approve television JSA proceeding. Furthermore, ‘‘reasoned analysis’’ for the change in applications for the assignment of some of those more recent submissions policy. Consistent with the license or transfer of control of that advocate an additional formal Commission’s analysis supporting broadcast television licenses that comment period primarily seek an attribution of radio JSAs and with the complied with the Commission’s rules opportunity to provide additional tentative conclusion in the TV JSA in effect at the time of the transfer or argument about the potential public NPRM, it now finds that television JSAs assignment, some of which included interest benefits associated with involving a significant portion of the television JSAs. In the absence of a combined station operation under brokered station’s advertising time Commission rule attributing television television JSAs and the existence of convey the incentive and potential for JSAs, the Bureau reviewed and increased competition for broadcast the broker to influence program approved transactions that it television stations from non-broadcast selection and station operations. Thus, determined did not raise questions of de video alternatives. The Commission as the Commission concluded in 2003 facto control and where, in its opinion, finds, however, that those arguments with respect to radio JSAs, it concludes the licensee of the brokered station bear on the issue of liberalization of the that the Commission’s previous view retained a sufficient interest in the local television ownership rules and not that television JSAs do not convey advertising revenue received from a JSA on the question of whether JSAs give the sufficient influence to warrant such that it retained control and brokering station a degree of influence attribution was incorrect. Whether a JSA remained invested in the successful and control that rises to the level of provides the brokered station a fixed fee operation of the station. However, there attribution, which is the sole focus of or a percentage fee, the broker’s has never been a Media Bureau policy the inquiry here. As discussed below, revenues depend on its ability to sell the generally applicable to JSAs that the the asserted public interest benefits of ad time for the brokered station, which television licensee receive a specified common ownership, operation, or depends in turn on the popularity of the percentage of the revenues under a JSA control of stations in the same local brokered station’s programming. The and, indeed, there is no requirement market, and the issue of whether broker therefore has a strong incentive that JSAs even be approved by the competition from other video to influence the brokered station’s Commission. The Bureau’s approval of alternatives warrants relaxation of the programming decisions. As Hubbard particular transactions in no way limits ownership rules, are appropriately states, ‘‘the assumption of market risk the Commission’s ability to change its raised and considered in the context of associated with local advertising sales, attribution rules going forward or to setting the terms of the local television and the ability to create greater market adopt a reasonable transition period for ownership rule. Moreover, the record strength in sales, necessarily influences parties to ensure that existing television already includes numerous comments programming decisions. In commercial JSAs comply with the new attribution on those points with regard to television broadcasting, programming and sales standard. Therefore, reliance on the JSAs. In addition, the Commission’s are inextricably connected.’’ In addition, Media Bureau’s approval of transactions decision is informed by its experience to the extent it transfers market risk to that included a JSA during a period with the attribution of radio JSAs, the brokering station, the licensee of the when there was no television JSA which has operated to ensure that the brokered station will have less incentive attribution rule is misplaced. The Media goals of the radio ownership rules are to maintain or attain significant ratings Bureau applied the attribution rules in not undermined by nonattributable share in the market. In upholding the effect at the time it processed those agreements conferring the potential for Commission’s attribution rules in the applications. Indeed, the Bureau’s significant influence over a station’s past, courts have held that the decisions in cases involving television core operating functions. Accordingly, Commission reasonably designed those JSAs often referred to the pending TV the Commission finds that the existing rules to identify interests that provide JSA proceeding and reminded parties record provides a sufficient basis on the holder with the incentive and ability that the Bureau’s actions were subject to which to make the decision herein. to influence or control the programming any subsequent Commission action in 11. On further examination of the or other core operational decisions of that proceeding. Even assuming that the issue, the Commission finds that the licensees, rather than to address Bureau’s past decisions could be read to television JSAs, like radio JSAs and individual instances of actual influence mean that same-market television JSAs, radio and television LMAs, have the or control. generally speaking, do not confer potential to convey significant influence 12. The Commission finds that JSAs influence over programming decisions if over a station’s operations such that provide incentives for joint operation the brokered station retains at least 70 they should be attributable. This is that are similar to those created by percent of the station’s advertising consistent with the Commission’s more common ownership. For example, when revenues, the Commission rejects that recent determination in 2003 to attribute two stations are commonly owned, the premise and reaches a different same-market radio JSAs, which reversed paired stations may benefit by winning conclusion in the Report and Order. The the Commission’s earlier determination advertising accounts that are new to Media Bureau’s review of future in the 1999 Attribution Order that same- both of them (rather than by having one transactions will be guided by the new market radio JSAs should not be co-owned station win an account from rule adopted herein. Based on the attributable. In Prometheus Radio the other) and, possibly, by being able Commission’s ongoing experience Project v FCC, 373 F.3d 372 (3d Cir. to raise advertising prices above those reviewing JSAs, it observes that neither 2004) (Prometheus I), the Third Circuit that they would obtain if the stations the terms and conditions of JSAs as upheld the Commission’s change of were independently owned. A broker described in the comments nor their course with respect to the attribution of selling advertising time on two stations, competitive impact on markets appear radio JSAs, finding that the one of which is owned by the broker, to have changed significantly. In Commission’s reexamination of the has incentives similar to those of an addition, the submissions in the 2010 potential for a radio JSA to convey the owner of two stations to coordinate Quadrennial Review proceeding ability for a brokering station to advertising activity between the two regarding television JSAs are consistent influence a brokered station satisfied the stations. JSAs thus provide strong with the comments filed in the Commission’s obligation to provide a incentives for coordination of

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advertising activities rather than a station. Television stations provide 16. In addition, many commenters competition for advertising revenue. local and/or syndicated programming, argue that different treatment of radio 13. In addition, contrary to some not merely network programming. Thus, and television JSAs is warranted commenters’ claims, the Commission’s the fact that a station may air network because radio and television markets are experience indicates that television programming does not prevent the different. They contend that television JSAs can be used to coordinate the broker from influencing the selection of stations incur special costs (such as operations of two ostensibly separately non-network programming, be it local greater programming and equipment owned entities. For example, in programming that the licensee of the costs) that radio stations do not, and Ackerley, the Commission found that brokered station produces or syndicated also face more competition than radio the intertwined non-attributable programming that it acquires to fill the stations, because television stations television JSA and time brokerage rest of the broadcast day. The compete with a greater variety and agreement were ‘‘substantively Commission notes further that not all increasing number of alternative media equivalent’’ to an attributable LMA. stations are affiliated with national outlets. Commenters also contend that Many commenters assert that their networks, and even among those that television stations depend less on local agreements are structured so that the are, the amount of programming time advertisers than radio stations. Hubbard brokered station maintains control of its provided by a national network can vary disagrees that market differences programming and other core operations. between radio and television justify This argument misses the point. The widely. Accordingly, the amount of non-network advertising time available different treatment of JSAs. According issue in this proceeding is whether to Hubbard, there are fewer television sufficient influence exists such that the on a station is not uniformly small, as some commenters would suggest, and outlets than radio outlets and fewer interest should be counted in applying television programming networks than the ownership rules, which is a separate the broker’s ability to influence the brokered station may not be radio networks, so that ‘‘economic issue from whether the licensee has arrangements that tie local television meaningfully constrained, even if the maintained ultimate control over its stations together represent greater harm Commission accepted commenters’ programming and core operations so as to diversity of programming and to arguments regarding the impact of to avoid the potential for an competition than in radio.’’ unauthorized transfer of control or the network programming. Furthermore, 17. The Commission does not agree existence of an undisclosed or § 73.658(e) of the Commission’s rules that market or service differences unauthorized real party in interest. prohibits a station from entering into an 14. Several commenters acknowledge affiliation agreement that does not support treating radio and television that a JSA broker may have some permit the affiliate to preempt network JSAs differently. While television influence over a brokered station, but programming that it finds stations may depend less on local they argue that the level of influence is ‘‘unsatisfactory or unsuitable or contrary advertisers than radio stations as a percentage of overall advertising minimal because the broker is involved to the public interest’’ and to substitute revenue, advertising revenue data only in non-network advertising sales. ‘‘a program which, in the station’s demonstrate that television stations do They note that television JSAs differ opinion, is of greater local or national depend on local advertising for from radio JSAs because television importance.’’ The JSA broker can revenues to a significant degree. Also, stations typically have network potentially influence the brokered arguments that television stations need affiliations, and in such cases the station’s decision whether or not to pre- network influences programming. For JSAs to survive in a competitive empt network programming, as well as television market are properly example, Entravision argues that its choice of non-network programs, and television station affiliations are addressed in the context of setting the has an incentive to do so given the applicable ownership limits rather than motivated by the economic strong relationship between arrangements between the licensee and in deciding whether television JSAs programming decisions and sale of confer influence such that they should the network and have little relationship advertising time discussed above. In to non-network advertising; that be attributed in the first place. addition, a JSA broker can potentially affiliations do not tend to change; that Ultimately, the Commission finds that influence the brokered station’s choice the broker cannot control the network the fundamental nature of television of network affiliation. A broker has a arrangement; and that, given the JSAs and radio JSAs is the same, in that affiliation agreements, it is questionable strong incentive to ensure that the they both allow an in-market, same- whether a JSA broker could ever control brokered station provides service competitor the right to sell the programming decisions of a programming—and an audience—that is advertising time on an independently network-affiliated licensee. Entravision complementary to that offered by its owned station and give rise to the same contrasts this with radio, where format own station in order to maximize the types of incentives and opportunities to changes occur regularly and where attractiveness of the two stations to influence the programming and network affiliations are generally advertisers. As a result, the effects of a operations of the brokered station. The uncommon. Entravision asserts that, JSA extend even to programming in Commission finds that the fee structure because television stations produce dayparts in which the broker does not associated with the JSA does not change little of their own programming other sell the advertising time. The more time this conclusion. In deciding to attribute than news and public affairs, there is the broker sells, the more likely it radio JSAs, the Commission made clear little room for the JSA broker to control becomes that the broker will have the that the sine qua non of attribution is an anything except how advertising is sold. ability to act on that incentive and interest ‘‘through which the holder is Accordingly, commenters argue, a influence the selection of the brokered likely to induce a licensee to take television JSA does not convey station’s programming. Thus, the fact actions to protect the interests of the influence over selection of programming that some television stations have holder.’’ And the Commission has or other core operations. network affiliations does not undermine calibrated attribution levels ‘‘based on 15. The Commission disagrees. It is the finding that television JSAs confer our judgment regarding what interests possible for multiple parties to sufficient influence that they should be in a licensee convey a realistic potential influence the programming decisions of attributed. to affect its programming and other core

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operational decisions.’’ To be sure, the proceeding fail to acknowledge the ownership rule. And the broadcast Commission has noted that some potential for influence over the attribution rules are designed to ensure licensee/broker arrangements, such as programming of the brokered station, that parties cannot circumvent the radio JSAs providing for payment of a and argue that the Commission should broadcast ownership rules. Further, the flat fee to the licensee, not only provide refrain from attributing television JSAs issue of MVPD local interconnects was the broker with the incentive and ability because of the public interest benefits not subject to notice in either the NPRM to influence station operations and that result from the efficiencies that in the 2010 Quadrennial Review or the programming, but also deprive the arise from sharing, including allegedly TV JSA NPRM, and is beyond the scope licensee of a financial stake in its own facilitating minority and female of this proceeding. If interested parties station. The Commission has never ownership and increasing diverse perceive a problem that would be stated, however, that the licensee must programming. While the Commission remedied by attribution of MVPD joint be deprived of all financial stake in its recognizes that cooperation among advertising arrangements, they may file station to warrant attribution. stations may have public interest a petition for rulemaking, which the Regardless of the fee structure, the benefits under some circumstances, Commission will consider. Because television JSA broker has the ability and particularly in small to mid-sized television JSAs encompassing a incentive to influence the brokered markets, these potential benefits do not substantial portion of the brokered station. Accordingly, the Commission affect the assessment of whether station’s advertising time create the finds that these agreements should television JSAs confer significant potential to influence the brokered receive the same treatment for influence such that they should be station and provide incentives for joint attribution purposes. In deciding to attributed. Rather, any such benefits operation that are similar to those change the attribution policy with should be assessed in determining created by common ownership, the respect to radio JSAs, the Commission where to set the applicable ownership Commission finds that television JSAs stated that its reexamination of the issue limit, i.e., how many television stations that permit the sale of more than 15 had led it to find that, because of the a single entity should be permitted to percent of the advertising time per week broker’s control over advertising own, operate, or control in a local of the brokered station, as described in revenues of the brokered station, JSAs television market. The Commission’s greater detail below, should be ‘‘have the same potential as LMAs to reexamination of the issue leads it to cognizable interests for purposes of convey sufficient influence over core conclude that the contention that JSAs applying the ownership rules. operations of a station’’ to warrant may rescue struggling stations by 21. Paxson submits a declaration of attribution. The Commission believes enabling smaller stations to stay on the Mark Fratrik, Ph.D., Vice President of that the same finding applies to air is not relevant to the question of BIA Financial Network discussing the television JSAs, notwithstanding any whether JSAs confer the potential for impact on the Herfindahl-Hirschman market differences, including the significant influence, warranting Index (HHI)—a measure used to analyze presence of network agreements. attribution. Rather, it is an argument a proposed merger’s potential impact on 18. Schurz asserts that the that is relevant to the determination of competition—of attribution of certain of Commission should refrain from making where to set the ownership limits and Paxson’s own television JSAs and other television JSAs attributable without also potentially to whether a waiver of the television JSAs it identified in publicly relaxing the ownership limits in the ownership rules is warranted in a available records. According to Paxson, the combinations reviewed would local television ownership rule. particular case. The same holds true for According to Schurz, it has typically produce only a small increase in the any other asserted public interest been the Commission’s practice to find HHI below the 100 point threshold that benefits of television JSAs. Nonetheless, certain agreements attributable at the typically implicates DOJ antitrust the Commission will afford transitional same time as or after relaxing the issues. The analysis, however, does not relief to stations that are party to relevant ownership limits. The address the ability and incentive for the existing television JSAs, as discussed attribution standards are not brokering station to exert influence over below. conditioned, however, on specific the brokering stations core operating numerical ownership limits but instead 20. The Commission does not wish to functions. Rather, Paxson’s analysis help to ensure that the limits are not imply that all JSAs are harmful. The goes to the appropriateness of the evaded. It is therefore necessary and Commission has recognized that Commission’s local television appropriate to identify practices and common ownership may have public ownership limits (or the agreements that confer a sufficient interest benefits in some circumstances, appropriateness of a waiver of those degree of influence that they should be and it believes that the same may be limits), which are not based simply on counted toward the ownership limits. true of JSAs. JSAs may, for example, a structural antitrust analysis, but rather Although at times the Commission has facilitate cost savings and efficiencies on a broader concern with promoting acted to modify ownership limits at the that could enable the stations to provide competition, localism, and diversity. same time it has revised its attribution more locally oriented programming. 22. The Commission has consistently rules, this has not always been the case. JSAs, however, should not be used to applied a 15 percent threshold to Ultimately, it is not necessary to relax circumvent the local broadcast determine whether to attribute JSAs in the television ownership limits in television ownership rules, which are radio markets and LMAs in both conjunction with the determination that designed to promote competition. Some television and radio markets, and it television JSAs are attributable. assert that it is unfair to attribute finds that it is appropriate to use that 19. Finally, some commenters television JSAs while allowing same threshold here. This threshold was acknowledge that television JSAs confer multichannel video programming most recently applied in the at least some influence over the distributors (MVPDs) to engage in Commission’s decision to attribute programming of the brokered station, similar conduct through local certain same-market radio JSAs, a but argue that their public interest ‘‘interconnects.’’ While there are various decision that was upheld by the Third benefits outweigh these other Commission rules relating to MVPD Circuit in Prometheus I. A 15 percent considerations. Similarly, commenters ownership, there is no counterpart in advertising time threshold will allow a in the 2010 Quadrennial Review the MVPD context to the local television station to broker a small amount of

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advertising time through a JSA with station because the LMA broker Commission has found that a broker another station in the same market provides the programming to the will lack significant incentive or ability without triggering attribution, yet will brokered station, the Commission has to exert influence over the brokered fall short of providing the broker a found that the sale of advertising time station’s programming or other core significant incentive or ability to exert pursuant to a JSA provides the operating functions; and, as discussed influence over the brokered station’s brokering station with the indirect above, the Commission finds no programming or other core operating ability to influence the brokered evidence that television JSAs are functions because it will not be selling station’s programming. As the amount sufficiently unique as compared to other the advertising time in a substantial of advertising revenue controlled by the attributable agreements to justify a portion of the station’s programming. brokering station increases, so too does different attribution threshold. Thus, Just as in the radio context, the its incentive and ability to influence where an entity that owns or has an Commission believes that a 15 percent brokered station’s programming— attributable interest in one or more advertising time threshold will identify including programming in dayparts in television stations in a local television the level of control or influence that which the broker does not sell the market sells more than 15 percent of the would realistically allow holders of advertising time. The Commission can advertising time per week of another such influence to affect core operating see no benefit to permitting greater television station in the same market, it functions of a station, including indirect influence over the brokering will be deemed to hold an attributable programming choices, and give them an station’s programming than could be interest in the brokered station and such incentive to do so. achieved directly through an LMA; station will be counted toward the 23. Sinclair asserts that applying the accordingly, the Commission reject brokering licensee’s ownership 15 percent threshold used for radio and Sinclair’s assertion that applying the 15 compliance. television LMAs and radio JSAs would percent threshold to television JSAs 26. Finally, the Commission notes be arbitrary and capricious because of would be arbitrary and capricious. Were that parties that believe that the differences in the radio and television the Commission to establish a higher application of the attribution rules to marketplace. Sinclair’s reference to limit for JSAs, licensees and brokers their particular circumstances would could be expected to simply choose to comments DOJ filed in a prior not serve the public interest always enter into JSAs instead of LMAs because attribution proceeding could be read to have the ability to seek a waiver. The of the higher attribution threshold, thus mean that DOJ determined that it was Commission has an obligation to take a creating a ready avenue for evading the not appropriate to treat radio and hard look at whether enforcement of a LMA attribution rule and the ownership television markets the same for rule in a particular case serves the rule’s limits. attribution purposes. In fact, the cited 24. In addition, Paxson briefly offers purpose or instead frustrates the public comments merely pointed out that the two proposals of its own: (1) A 35 interest. Thus, for example, a party agency had not analyzed television JSAs percent all-market advertising sales seeking waiver of the attribution rule and therefore limited its comments to standard and (2) a ‘‘JSA-Plus’’ standard could attempt to demonstrate that a radio JSAs. The recent ex parte that would result in attribution in particular television JSA in context— submission from DOJ strongly situations involving various levels of including any related agreements or supporting the Commission’s decision advertising sales, ownership options, interests—does not provide the to attribute television JSAs confirms that and programming rights. Paxson’s brief brokering entity with the opportunity, Sinclair’s reading of DOJ’s earlier discussion, however, does not provide ability, and incentive to exert significant comments was mistaken. In addition, any empirical or theoretical basis upon influence over the programming or Sinclair is misguided in asserting that which to adopt either of these operations of the brokered station. In television JSAs cannot be attributed in proposals, both of which appear to focus considering a request for waiver of the absence of detailed definitions of primarily on the impact of the brokerage attribution, the Commission will take categories of station’s advertising and agreement on the competitive market into account the totality of the programming time. Such elements rather than the broker’s incentive and circumstances in order to assess would apply equally to radio and ability to influence the brokered whether strict compliance with the rule television LMAs and/or radio JSAs and station’s core operating functions. is inconsistent with the public interest. have not proved necessary as Further, Paxson appears to have devised For example, to make such a showing, components of the rule for successful the thresholds, at least in the first an applicant may provide the JSA implementation in those attribution option, in order to avoid the attribution together with any other agreements, rules. As discussed herein, the of its own television JSAs. Ultimately, documents, facts, or information Commission finds that the differences the record does not support the concerning the operation and between the radio and television adoption of either of these alternatives, management of a brokered station that markets do not warrant different and the Commission believes that a demonstrate that the underlying public treatment of radio and television JSAs. broker has the ability and incentive to interest considerations supporting the In addition, as discussed above, the exert influence over a brokered station’s Commission’s decision to attribute JSAs, Commission finds that the ability of the programming and operations well below as discussed herein, are not present in brokering station to control the the threshold or combination of the particular case. The relevant factors advertising revenue of the brokered interests that Paxson proposes. may include, without limitation: (i) stations, the common component of 25. The rationale for attributing LMAs Specific facts that show a lack of JSAs and LMAs, gives the brokering and JSAs is the same for radio and incentive or ability for the broker station station under a JSA the same incentive television: To prevent the to influence the brokered station’s and ability to influence the brokered circumvention of the ownership limits. programming or operations, and (ii) station’s core operating functions as a Ultimately, in attributing these other specific facts that demonstrate that the brokering station under an LMA. For agreements, the Commission brokered station has the incentive and example, while an LMA gives the determined that the 15 percent ability to maintain independent brokering station the direct ability to threshold was the appropriate operations and programming decisions influence programming on the brokered threshold, as below that threshold the that are not influenced by the broker

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station and the incentive and ability to after the release of the Report and Order provided that the renewal period shall exclude the broker station from exerting but before the filing requirement not exceed the two-year transition influence over programming and becomes effective to file a copy of such period provided for in the Report and operations. A waiver request for a JSA agreements with the Commission within Order. The Commission notes that that is limited in scope (i.e., percentage 30 days after the filing requirement parties to television JSAs have long been of the station’s advertising sales) and becomes effective. The Commission will on notice of the possibility that the duration so as to minimize or eliminate seek OMB approval for the filing Commission’s would attribute certain any influence on operations or requirement, and, upon receiving same-market television JSAs. Moreover, programming is more likely to be approval, the Commission will release a as noted above, licensees may seek a successful than an open-ended request. document specifying the date by which waiver of the Commission’s rules if they Similarly, if a licensee believes that television JSAs must be filed. Third, the believe strict application of the rules application of the local television Commission directs the Media Bureau would not serve the public interest. ownership rule in a particular situation to take the necessary steps to modify the would adversely affect competition, relevant application forms to conform to 29. In the TV JSA NPRM, the diversity, or localism, it may seek a the rule changes adopted in the Report Commission sought comment on waiver of that rule. For example, an and Order, including the reporting of whether it should take the same applicant may be able to demonstrate attributable television JSAs, for approach for television JSAs that it had that a waiver would enable a school, example, in connection with a request taken when radio JSAs became community college, other institution of for authority to transfer or assign a attributable, noting that pre-existing higher education, or other community station license. Such forms would radio JSAs were not grandfathered but support organization or entity to own a include, inter alia, FCC Form 314, affected licensees were given a two-year station and that the public interest Application for Consent to Assignment compliance period. In contrast, when benefits of such ownership outweigh the of Broadcast Station Construction the Commission proposed making harms the Commission has identified Permit or License, and FCC Form 315, television LMAs attributable, it with common ownership in support of Application for Consent to Transfer proposed grandfathering LMAs entered the local television ownership limits. Control of Entity Holding Broadcast into before the further notice of The Commission will carefully review Station Construction Permit or License. proposed rulemaking was issued. and consider any such request on an 28. The Commission rejects Moreover, as with the Commission’s expedited basis. The Commission arguments that it should automatically radio JSA decision, the Commission is recognizes that broadcast transactions grandfather all television JSAs providing a two-year transition period are time sensitive and that Commission permanently or indefinitely. In these for licensees to come into compliance. action on assignment and transfer circumstances, the Commission finds Thus, the Commission disagrees with applications, including any associated that such grandfathering would allow Paxson that equitable considerations waiver requests, must be taken promptly arbitrary and inconsistent changes to the without unnecessary delay. The warrant the same grandfathering level of permissible common ownership Commission directs the Bureau to approach here as the Commission prioritize review of any applications for on a market-by-market basis based not adopted for television LMAs. Likewise, waiver necessitated by attribution of necessarily on where the public interest the Commission’s decision not to JSAs and to complete their review lies, but rather on the current existence grandfather existing television JSAs within 90 days of the record closing on or nonexistence of television JSAs in does not conflict with the such waiver petitions provided there are that market when the new attribution grandfathering of non-compliant no circumstances requiring additional rule becomes effective. Instead, ownership combinations. Broadcasters time for review. consistent with the Commission’s have been on notice since 2004 of the treatment of existing radio JSAs when Commission’s tentative conclusion that A. Filing Requirements and Transition the Commission first made such certain television JSAs should be Procedures agreements attributable, and as attributed and that existing television 27. First, subject to OMB approval, discussed in the TV JSA NPRM, parties JSAs would not necessarily be the Commission will require going to existing, same-market television JSAs grandfathered. Thus, any broadcaster whose attribution results in a violation forward that attributable television JSAs that entered into or renewed a JSA after of the ownership limits will have two be filed with the Commission within 30 the TV JSA NPRM was released knew years from the effective date of the days after the JSA is entered into. the risk of doing so. Moreover, Report and Order to terminate or amend Currently, commercial television broadcasters are not required to obtain stations are required under § 73.3526 of those JSAs or otherwise come into prior approval of JSAs, and JSAs are not the Commission’s rules to place a copy compliance with the local television reviewed at all unless they are part of of any JSA involving the station in the ownership rule. The Commission finds a transaction requiring approval. The local public inspection file, but are not that such a transition period is required to file such agreements with necessary to avoid undue disruption to Commission also rejects Paxson’s claim the Commission. With the adoption of current business arrangements, and it that failure to grandfather pre-existing the Report and Order, commercial believes that the two-year compliance television JSAs for at least five years television stations that are party to an period will give licensees sufficient time would result in impermissible attributable JSA will now be required to to make alternative arrangements. No retroactive rulemaking. The file a copy of the agreement with the transition period is granted with regard Commission’s decision to make Commission pursuant to § 73.3613, to new television JSAs that would cause television JSAs attributable alters the consistent with requirements for the broker to exceed the media future effect, not the past legal attributable LMAs and attributable radio ownership limits. In order to avoid consequences, of television JSAs. It does JSAs. Second, the Commission will undue disruption, however, parties may not alter the past legality of television require parties to existing attributable renew existing television JSAs even if JSAs, does not impose liability for past television JSAs and/or parties to renewal would cause the broker to actions, and does not introduce any attributable television JSAs entered into exceed the media ownership limits, retrospective duties for past conduct.

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B. National Sales Representatives station’s operations. As explained in the Therefore, national rep firms should not 30. Sinclair sought clarification that Report and Order, the Commission is generally be subject to the television the Commission would not attribute attributing same-market television JSAs and radio JSA attribution rules. While television and radio stations that are because they convey a sufficient degree the Commission is not aware of any represented by national advertising of influence to warrant attribution. instances of non-national advertising representative firms (rep firms) where a National advertising agreements do not sales firms (e.g., regional advertising rep firm is co-owned with a broadcaster, raise the same concerns. Unlike JSAs sales firms) that are commonly owned and the parent owns a same-market involving competing stations in the with a broadcast licensee, the rationale station. Rep firms bring national same local market, national advertising adopted in the Report and Order for advertisers who want to buy commercial agreements do not combine ownership excluding national rep firms from the time in selected markets together with of a local, competing television station television and radio JSA attribution the individual stations in those markets. with the potential for significant rules would apply to such non-national For the reasons discussed below, the influence over programming. Therefore, rep firms to the extent these firms are Commission finds that the record does the Commission disagrees with operated in the same manner as national not support attribution of a rep firm’s commenters that the decision today to rep firms (i.e., completely separate and client stations to a rep firm. attribute same-market television JSAs is independent from the operation of the 31. Some commenters argue that the inconsistent with previous attribution local broadcast stations). Commission must reconcile its decision decisions. 34. At the present time, the to eliminate the former Golden West 33. Given the unique nature of Commission has no evidence to suggest Broadcasters, 16 FCC 2d 918 (1969) national advertising sales firms, as that a national advertising (Golden West), cross-interest policy discussed below, the Commission representation firm that has a commonly with respect to the attribution decision clarifies that it will not generally apply owned broadcast station in a local herein. Since eliminating the former the rules attributing television or radio market in which it also represents a cross-interest policy (by which a JSAs to national advertising sales client for advertising services would licensee was prohibited from having an representation agencies. It observes that have the incentive or ability to exert interest in more than one station in the typically, national rep firms that are significant influence over the same service in the same area), the commonly owned with broadcast programming or other core activities of Commission consistently has held that stations are operated separately from the its client. Nevertheless, the Commission advertising representation does not commonly owned broadcast stations. will entertain complaints based on a constitute an attributable interest. Under With hundreds, if not thousands, of showing that a rep firm that is the Commission’s former Golden West clients and a narrow business focus commonly owned with a broadcast policy, the Commission prohibited (namely, the sale of national spot licensee has not insulated the business representation of a radio or television advertising), rep firms are not involved of operating its commonly owned station by a national sales representative in the day-to-day operations of their broadcast station from the business of owned wholly or partially by the client stations, commonly owned or providing advertising representation licensee of a competing station in the otherwise. In addition, there are services in a market in which the rep same service in the same community or fundamental differences in the firm has a commonly owned broadcast service area. However, the Commission relationship between a local station and station. In such cases, the Commission abolished that policy with respect to a rep firm, and between local stations will make a case-by-case determination attribution in 1981, holding that market that are party to a JSA. For example, of whether attribution is appropriate. forces and the remedies available under when a station contracts with a rep firm, IV. Procedural Matters antitrust laws were sufficient to deter it typically provides only enough the anticompetitive practices the policy information about its operations to A. Final Regulatory Flexibility Analysis was meant to address. The Commission enable the rep firm to sell national 35. As required by the Regulatory also noted ‘‘that the potential for advertising spots on the station. Because Flexibility Act of 1980, as amended impairment of economic competition of the way rep firms are structured and (RFA), an Initial Regulatory Flexibility that Golden West was designed to guard the contractual protections available to Analysis (IRFA) was incorporated in the against will be mitigated by the a local station, station-specific TV JSA NPRM in MB Docket No. 04– incentive of the unaffiliated station to information is not provided to the 256. The Commission sought written seek the sales representative that will competing stations in the market that public comment on the proposals in the most vigorously serve its interest.’’ also contract with the rep firm. By TV JSA NPRM, including comment on Since 1981, the Commission has contrast, in a JSA involving multiple the IRFA. The Commission received no consistently refused to prohibit or local stations, the advertising rate comments in direct response to the attribute sales rep agreements. The information and other otherwise IRFA. This present Final Regulatory Commission believes the decision to confidential station information is Flexibility Analysis (FRFA) conforms to eliminate the Golden West policy was shared between the parties. Moreover, the RFA. sound, and the JSA attribution rules as noted above, JSAs are often executed should not be read to disturb that in conjunction with other types of 1. Need for, and Objectives of, the decision. sharing agreements, which leads to Report and Order 32. In this regard, the Commission higher levels of common operation that 36. Consistent with the Commission’s notes that some commenters claim that are not present in relationships with rep earlier findings regarding radio joint attribution of television JSAs would be firms. Ultimately, the Commission sales agreements JSA), the Report and discriminatory and inconsistent with concludes that the relationship between Order finds that television JSAs the Commission’s previous decision not a rep firm and its client station, as similarly convey sufficient influence to attribute national advertising described herein, does not confer the over the brokered station’s finances, agreements, because both types of same potential and incentives for the personnel, and programming decisions agreements provide one firm with the rep firm to influence a licensee that are to warrant attribution. A JSA is an ability to influence an unaffiliated present in a traditional JSA relationship. agreement that authorizes a broker to

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sell some or all of the advertising time ostensibly separately owned entities and potential as LMAs to convey sufficient on the brokered station. In particular, can provide incentives that are similar influence over core operations of a the Report and Order finds that to those created by common ownership. station to warrant attribution. The television JSAs provide incentives— While the Commission has previously Report and Order finds that the same including incentives for stations to recognized the potential benefits of finding applies to television JSAs, coordinate advertising activities and common ownership, and believes that notwithstanding any market differences, avoid competing with each other—that JSAs may provide similar benefits, such including the presence of network are in some cases similar to those as facilitating cost savings and agreements. created by common ownership. efficiencies that could enable the Accordingly, the Report and Order stations to provide more locally oriented 39. Because television JSAs can create concludes to count television stations programming, the Commission finds the potential to influence the brokered brokered under a same-market that television JSAs should not be used station and provide incentives for joint television JSA toward the brokering to circumvent the local broadcast operation that are similar to those station’s permissible ownership totals television ownership rule, which is created by common ownership, as under the Commission’s broadcast designed to promote competition. described in the Report and Order, the ownership rules consistent with the Additionally, the Report and Order Commission finds that same-market treatment of radio JSAs. Specifically, finds that television JSAs provide the television JSAs that permit the sale of where an entity owns or has an brokering stations the ability and more than 15 percent of the advertising attributable interest in one or more incentive to influence the selection of time per week of the brokered station stations in a local television market, non-network programming on the should be cognizable interests for joint advertising sales of another brokered stations. In addition, the purposes of applying the broadcast television station in that market for Commission finds that a JSA broker can ownership rules. more than 15 percent of the brokered influence the brokered station’s choice 40. The Report and Order also station’s weekly advertising time will of network affiliation. The Report and clarifies that the radio and television create a cognizable interest for the Order concludes that a broker has a JSA attribution requirements do not brokering station for purposes of strong incentive to ensure that the apply to national sales representative applying the broadcast ownership rules. brokered station provides The 15 percent threshold is the same programming—and an audience—that is firms (rep firms). The Commission threshold adopted by the Commission complementary to that offered by its concludes that the relationship between for radio JSAs and will allow a station own station in order to maximize the a rep firm and its client station as to broker a small amount of advertising attractiveness of the two stations to understood by the Commission does not time through a JSA with another station advertisers. Thus, the fact that some raise the same issues of control that are in the same market without triggering television stations have network present in a traditional JSA relationship. attribution, yet will fall short of affiliations does not undermine the Therefore, national rep firms should not providing the broker a significant Commission’s finding that television generally be subject to the television incentive or ability to exert influence JSAs confer sufficient influence that and radio JSA attribution rules. over the brokered station’s programming they should be attributed. However, the Commission will entertain or other core operating functions 38. The Commission finds no support complaints based on a showing that a because it will not be selling the for treating radio and television JSAs rep firm that is commonly owned with advertising time in a substantial portion differently. While the Report and Order a broadcast licensee has not insulated of the station’s programming. The finds that television stations may the business of operating its commonly Report and Order finds that a two-year depend less on local advertisers than owned broadcast station from the transition period is appropriate to radio stations as a percentage of overall business of providing advertising permit licensees that entered into advertising revenue, advertising revenue representation services in a market in television JSAs of this type prior to the data demonstrate that television stations which the rep firm has a commonly release of the Report and Order to do depend on local advertising for owned broadcast station. In such cases, address those circumstances. In revenues to a significant degree. Also, the Commission will make a case-by- addition, parties to existing, attributable the Commission finds that arguments case determination of whether television JSAs, and/or parties to that television stations need JSAs to attribution is appropriate. attributable television JSAs entered into survive in a competitive television after the release of the Report and Order market are properly addressed in the 2. Legal Basis but before the filing requirement context of setting the applicable 41. The Report and Order is adopted becomes effective, must file a copy of ownership limits rather than in deciding such agreements with the Commission whether television JSAs confer pursuant to sections 1, 2(a), 4(i), 303, within 30 days after the filing influence such that they should be 307, 309, 310, and 403 of the requirement becomes effective. Stations attributed in the first place. In addition, Communications Act of 1934, as are already required to include these the Report and Order concludes that amended, 47 U.S.C. 151, 152(a), 1544(i), agreements in their public inspection fundamental nature of television JSAs 303, 307, 309, 310, and 403, and section file. Going forward, parties to and radio JSAs is the same and that 202(h) of the Telecommunications Act attributable television JSAs must file these agreements should be treated the of 1996. copies of such agreements with the same for attribution purposes. In Commission within 30 days after B. Summary of Significant Issues Raised deciding to change its attribution policy by Public Comments in Response to the execution. with respect to radio JSAs, the IRFA 37. The Commission finds in the Commission stated that its Report and Order that the attribution of reexamination of the issue had led it to 42. The Commission received no television JSAs is necessary because find that, because of the broker’s control comments in direct response to the these agreements can be used to over advertising revenues of the IRFA. coordinate the operations of two brokered station, JSAs have the same

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C. Description and Estimate of the million or less and, thus, qualify as 48. In addition, the following FCC Number of Small Entities to Which small entities under the SBA definition. forms and/or their instructions will be Rules Will Apply The Commission has estimated the modified to require the reporting of 43. The RFA directs the Commission number of licensed noncommercial attributable television JSAs: (1) FCC to provide a description of and, where educational (NCE) television stations to Form 301, Application for Construction feasible, an estimate of the number of be 396. The Commission notes, Permit For Commercial Broadcast small entities that will be affected by the however, that, in assessing whether a Station; (2) FCC Form 314, Application rules adopted. The RFA generally business concern qualifies as small for Consent to Assignment of Broadcast defines the term ‘‘small entity’’ as under the above definition, business Station Construction Permit or License; having the same meaning as the terms (control) affiliations must be included. (3) FCC Form 315, Application for ‘‘small business,’’ ‘‘small organization,’’ This estimate, therefore, likely Consent to Transfer Control of and ‘‘small governmental jurisdiction’’ overstates the number of small entities Corporation Holding Broadcast Station that might be affected by this action, Construction Permit or License; (4) FCC In addition, the term ‘‘small business’’ because the revenue figure on which it Form 323, Ownership Report for has the same meaning as the term is based does not include or aggregate Commercial Broadcast Station. The ‘‘small business concern’’ under the revenues from affiliated companies. The impact of these changes will be the Small Business Act. A ‘‘small business Commission does not compile and same on all entities, and compliance concern’’ is one which: (1) Is otherwise does not have access to will likely require only the expenditure independently owned and operated; (2) information on the revenue of NCE of de minimis additional resources. is not dominant in its field of operation; stations that would permit it to and (3) satisfies any additional criteria E. Steps Taken To Minimize Significant determine how many such stations established by the Small Business Economic Impact on Small Entities, and would qualify as small entities. Administration (SBA). The final rules 46. In addition, an element of the Significant Alternatives Considered adopted herein affect small television definition of ‘‘small business’’ is that the 49. The RFA requires an agency to and radio broadcast stations and small entity not be dominant in its field of describe any significant alternatives that entities that operate daily newspapers. operation. The Commission is unable at it has considered in reaching its A description of these small entities, as this time to define or quantify the approach, which may include the well as an estimate of the number of criteria that would establish whether a following four alternatives (among such small entities, is provided below. specific television station is dominant others): (1) The establishment of 44. Television Broadcasting. The SBA in its field of operation. Accordingly, differing compliance or reporting defines a television broadcasting station the estimate of small businesses to requirements or timetables that take into that has no more than $35.5 million in which rules may apply do not exclude account the resources available to small annual receipts as a small business. The any television station from the entities; (2) the clarification, definition of business concerns definition of a small business on this consolidation, or simplification of included in this industry states that basis and are therefore over-inclusive to compliance or reporting requirements establishments are primarily engaged in that extent. Also, as noted, an additional under the rule for small entities; (3) the broadcasting images together with element of the definition of ‘‘small use of performance, rather than design, sound. These establishments operate business’’ is that the entity must be standards; and (4) an exemption from television broadcasting studios and independently owned and operated. coverage of the rule, or any part thereof, facilities for the programming and The Commission notes that it is difficult for small entities. transmission of programs to the public. at times to assess these criteria in the 50. The Report and Order finds that These establishments also produce or context of media entities and the television JSAs convey sufficient transmit visual programming to estimates of small businesses to which influence to warrant attribution, such affiliated broadcast television stations, they apply may be over-inclusive to this that the Commission will count which in turn broadcast the programs to extent. television stations brokered under a the public on a predetermined schedule. same-market television JSA toward the Programming may originate in their own D. Description of Reporting, brokering station’s permissible studio, from an affiliated network, or Recordkeeping, and Other Compliance ownership totals if the amount of time from external sources. Census data for Requirements for Small Entities jointly sold is equal to or greater than 2007 indicate that 2,076 such 47. The Report and Order adopts a 15 percent of the station’s advertising establishments were in operation during requirement that parties to existing, time. This rule brings the Commission’s that year. Of these, 1,515 had annual attributable television JSAs, and/or policy regarding JSAs in the television receipts of less than $10.0 million per parties to attributable television JSAs market in line with the existing rules year and 561 had annual receipts of entered into after the release of the regarding radio markets. While the more than $10.0 million per year. Based Report and Order but before the filing Report and Order recognizes that JSAs on this data and the associated size requirement becomes effective, must file may have public interest benefits, standard, the Commission concludes a copy of such agreements with the particularly in small- to mid-sized that the majority of such establishments Commission within 30 days after the markets, these potential benefits do not are small. filing requirement becomes effective. affect the assessment of whether 45. The Commission has estimated Going forward, parties to attributable television JSAs confer significant the number of licensed commercial television JSAs must file copies of such influence such that they should be television stations to be 1,387. agreements with the Commission within attributed. The rule adopted in the According to Commission staff review 30 days after execution. The Report and Report and Order protects local of the BIA Kelsey Inc. Media Access Pro Order directs the Media Bureau to take markets—including small businesses Television Database (BIA) as of the necessary steps to modify the operating in local markets, as opposed November 26, 2013, 1,294 (or about 90 relevant application forms to require to regional or national markets—from percent) of an estimated 1,387 applicants to file attributable television exposure to competitive harms that commercial television stations in the JSAs at the time an application is filed might result from contractual United States have revenues of $35.5 using the forms. agreements between stations for control

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of advertising. Therefore, the will only require the expenditure of de Federal Communications Commission. Commission believes that in many cases minimis additional resources, and Marlene H. Dortch, the attribution of a same-market believes, therefore, that the filing Secretary. television JSA will protect small requirement is the least economically For the reasons discussed in the businesses, as well as large, from the burdensome alternative. In addition, preamble, the Federal Communications adverse impacts of competing stations’ entities may be required to report Commission amends 47 CFR part 73 as coordination of advertising sales. attributable television JSAs on certain follows: 51. Nonetheless, the Report and Order FCC Forms, for example, in connection finds that a transition period during with a request for authority to transfer PART 73—RADIO BROADCAST which parties are required to come into or assign a station license. The SERVICES compliance is necessary to avoid undue Commission anticipates that compliance disruption to current business will only require the expenditure of de ■ 1. The authority citation for part 73 arrangements. Such a transition period minimis additional resources. continues to read as follows: will be especially helpful to small Accordingly, adverse economic impact television stations that do not have the Authority: 47 U.S.C. 154, 303, 334, 336 on small entities will be minimal, at and 339. same financial and technical resources most, and in many cases non-existent. as large stations. Accordingly, parties to ■ 2. Section 73.3555 is amended by existing, same-market television JSAs F. Report to Congress redesignating paragraph k.2. as k.3., in whose attribution results in a violation 53. The Commission will send a copy Note 2 to § 73.3555, adding new of the ownership limits will have two of the Report and Order, including this paragraph k.2., and revising newly years from the effective date of the FRFA, in a report to be sent to Congress redesignated paragraph k.3. to read as Report and Order to terminate or amend pursuant to the Congressional Review follows: those JSAs or otherwise come into Act. In addition, the Commission will § 73.3555 Multiple ownership. compliance with the local television send a copy of the Report and Order, * * * * * ownership rule. No transition period is including this FRFA, to the Chief granted with regard to new television Counsel for Advocacy of the SBA. A Note 2 to § 73.3555: *** JSAs that would cause the broker to copy of the Report and Order and FRFA k. * * * exceed the media ownership limits. (or summaries thereof) will also be 2. Where two television stations are However, parties may renew existing published in the Federal Register. both located in the same market, as television JSAs even if renewal would V. Ordering Clauses defined for purposes of the local cause the broker to exceed the media television ownership rule contained in ownership limits, provided that the 54. Accordingly, it is ordered, that paragraph (b) of this section, and a party renewal period shall not exceed the pursuant to the authority contained in (including all parties under common two-year transition period provided for sections 1, 2(a), 4(i), 303, 307, 309, 310, control) with a cognizable interest in in the Report and Order. The Report and 403 of the Communications Act of one such station sells more than 15 and Order finds that this transition 1934, as amended, 47 U.S.C. 151, 152(a), percent of the advertising time per week period will give licensees with 154(i), 303, 307, 309, 310, and 403, and of the other such station, that party shall television JSAs sufficient time to make section 202(h) of the be treated as if it has an interest in the alternative arrangements—such as Telecommunications Act of 1996, the brokered station subject to the revise the agreement to limit the amount Report and Order is adopted. The rule limitations set forth in paragraphs (b), of advertising time sold to 15 percent of modifications shall be effective June 19, the weekly advertising time or enter into (c), (d), and (e) of this section. 2014, except for those rules and 3. Every joint sales agreement of the an agreement with another entity that requirements involving Paperwork would not result in an impermissible type described in this Note shall be Reduction Act burdens, which shall attributable interest—or to seek waiver undertaken only pursuant to a signed become effective on the effective date relief from the Commission’s rules, if written agreement that shall contain a announced in the Federal Register appropriate. Parties that believe that the certification by the licensee or permittee notice announcing OMB approval. application of the attribution rules to of the brokered station verifying that it Changes to FCC Forms required as the their particular circumstances would maintains ultimate control over the not serve the public interest always result of the rule amendments adopted station’s facilities, including, have the ability to seek a waiver. These herein will become effective on the specifically, control over station steps will minimize the adverse impact effective date announced in the Federal finances, personnel and programming, on small entities. Register notice announcing OMB and by the brokering station that the 52. In addition, parties to existing, approval. agreement complies with the limitations attributable television JSAs, and/or 55. It is further ordered, that the set forth in paragraphs (b), (c), and (d) parties to attributable television JSAs proceeding MB Docket No. 04–256 IS of this section if the brokering station is entered into after the release of the terminated. a television station or with paragraphs Report and Order but before the filing 56. It is further ordered that the (a), (c), and (d) of this section if the requirement becomes effective, must file Commission’s Consumer and brokering station is a radio station. a copy of such agreements with the Governmental Affairs Bureau, Reference * * * * * Commission within 30 days after the Information Center, shall send a copy of ■ 3. Section 73.3613 is amended by filing requirement becomes effective. the Report and Order, including the revising paragraph (d)(2) to read as Going forward, parties to attributable Final Regulatory Flexibility Analysis, to follows: television JSAs must file copies of such the Chief Counsel for Advocacy of the agreements with the Commission within Small Business Administration. § 73.3613 Filing of contracts. 30 days after execution. The impact of * * * * * List of Subjects 47 CFR part 73 this filing requirement will be minimal (d) * * * and uniform for all entities. The Radio, Reporting and recordkeeping (2) Joint sales agreements: Joint sales Commission anticipates that compliance requirements, Television. agreements involving radio stations

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where the licensee (including all parties involving television stations where the Confidential or proprietary information under common control) is the brokering licensee (including all parties under may be redacted where appropriate but entity, the brokering and brokered common control) is the brokering entity, such information shall be made stations are both in the same market as the brokering and brokered stations are available for inspection upon request by defined in the local radio multiple both in the same market as defined in the FCC. ownership rule contained in the local television multiple ownership * * * * * § 73.3555(a), and more than 15 percent rule contained in § 73.3555(b), and more [FR Doc. 2014–10874 Filed 5–19–14; 8:45 am] of the advertising time of the brokered than 15 percent of the advertising time station on a weekly basis is brokered by of the brokered station on a weekly basis BILLING CODE 6712–01–P that licensee; joint sales agreements is brokered by that licensee.

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Part III

Federal Communications Commission

47 CFR Part 73 2014 Quadrennial Regulatory Review; Proposed Rule

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FEDERAL COMMUNICATIONS SUPPLEMENTARY INFORMATION: This the ongoing 2010 proceeding, and the COMMISSION Further Notice of Proposed Rulemaking, Commission is cognizant of its statutory in MB Docket Nos. 14–50, 09–182, 07– obligation to review the broadcast 47 CFR Part 73 294, and 04–256; FCC 14–28, was ownership rules every four years. To [MB Docket Nos. 14–50, 09–182, 07–294, adopted on March 31, 2014, and accomplish both objectives, with this and 04–256; FCC 14–28] released on April 15, 2014. The Further Notice of Proposed Rulemaking document is available for download at the Commission is initiating this 2014 2014 Quadrennial Regulatory Review http://fjallfoss.fcc.gov/edocs_public/. Quadrennial Review; incorporating the The complete text of the document is existing 2010 record into this AGENCY: Federal Communications available for inspection and copying proceeding; proposing rules that are Commission. during normal business hours in the formulated based on the Commission’s ACTION: Proposed rule. FCC Reference Center, 445 12th Street evaluation of that existing record; and SW., Washington, DC 20554, and may seeking new and additional information SUMMARY: This document solicits also be purchased from the and data on market conditions and comment on proposed changes to the Commission’s copy contractor, BCPI, competitive indicators as they exist broadcast ownership rules in Inc., Portals II, 445 12th Street SW., today. The Commission issues this compliance with section 202(h) of the Washington, DC 20554. Customers may Further Notice of Proposed Rulemaking Telecommunications Act of 1996 contact BCPI, Inc. at their Web site to seek additional comment on the requires the Commission to review its http://www.bcpi.com or call 1–800– appropriateness of the broadcast broadcast ownership rules 378–3160. ownership rules to today’s evolving quadrennially to review these rules to marketplace. Also, the Commission determine whether they are necessary in Initial Paperwork Reduction Act of seeks additional comment on issues the public interest as a result of 1995 Analysis referred to the Commission in the Third competition. In addition, this document This Further Notice of Proposed Circuit’s remand in Prometheus II of solicits comment on certain aspects of Rulemaking proposes a new or revised certain aspects of the Commission’s the Commission’s 2008 Diversity Order information collection requirement. The 2008 Diversity Order (73 FR 28361, May that the U.S. Court of Appeals for the Commission, as part of its continuing 16, 2008, FCC 07–217, rel. March 5, Third Circuit remanded and directed effort to reduce paperwork burdens, 2008). Finally, the Commission takes the Commission to address in its invites the general public and the OMB steps herein to address concerns about quadrennial review proceeding. This to comment on the information the use of a variety of sharing document solicits comment also on a collection requirements contained in agreements between independently potential disclosure requirement for this document, as required by the owned television stations—Shared certain broadcast television shared Paperwork Reduction Act of 1995, Service Agreements or SSAs. service agreements. Public Law 104–13. Public and agency B. Background DATES: Comments are due on or before comments are due July 21, 2014. July 7, 2014 and reply comments are Comments should address: (a) Whether 2. The media ownership rules subject due on or before August 4, 2014. the proposed collection of information to this quadrennial review are the local Written comments on the Paperwork is necessary for the proper performance television ownership rule, the local Reduction Act proposed information of the functions of the Commission, radio ownership rule, the newspaper/ collection requirements must be including whether the information shall broadcast cross-ownership rule, the submitted by the public, Office of have practical utility; (b) the accuracy of radio/television cross-ownership rule, Management and Budget (OMB), and the Commission’s burden estimates; (c) and the dual network rule. Congress other interested parties on or before July ways to enhance the quality, utility, and requires the Commission to review these rules every four years to determine 21, 2014. clarity of the information collected; (d) whether they ‘‘are necessary in the ways to minimize the burden of the ADDRESSES: Federal Communications public interest as the result of collection of information on the Commission, 445 12th Street SW., competition’’ and to ‘‘repeal or modify respondents, including the use of Washington, DC 20554. In addition to any regulation [the Commission] automated collection techniques or filing comments with the Secretary, a determines to be no longer in the public other forms of information technology; copy of any comments on the interest.’’ The Third Circuit has and (e) way to further reduce the Paperwork Reduction Act information instructed that ‘‘necessary in the public information collection burden on small collection requirements contained interest’’ is a ‘‘ ‘plain public interest’ business concerns with fewer than 25 herein should be submitted to the standard under which ‘necessary’ means Federal Communications Commission employees. In addition, pursuant to the ‘convenient,’ ‘useful,’ or ‘helpful,’ not via email to [email protected] and to Small Business Paperwork Relief Act of ‘essential’ or ‘indispensable.’ ’’ There is Nicholas A. Fraser, Office of 2002, Public Law 107–198, see 44 U.S.C. no ‘‘ ‘presumption in favor of repealing Management and Budget, via email to 3506(c)(4), the Commission seeks or modifying the ownership rules.’ ’’ _ _ Nicholas A. [email protected] or via specific comment on how it might Rather, the Commission has the fax at (202) 395–5167. further reduce the information discretion ‘‘to make [the rule] more or FOR FURTHER INFORMATION CONTACT: collection burden for small business less stringent.’’ This 2014 Quadrennial Hillary DeNigro, Industry Analysis concerns with fewer than 25 employees. Review will focus on identifying a Division, Media Bureau, FCC, (202) I. Synopsis of the Further Notice of reasoned basis for retaining, repealing, 418–2330. For additional information Proposed Rulemaking or modifying each rule consistent with concerning the PRA proposed the public interest. information collection requirements A. Introduction 3. Policy Goals. The media ownership contained in the Further Notice of 1. The Commission takes another rules have consistently been found to be Proposed Rulemaking, contact Cathy major step in its review of the broadcast necessary to further the Commission’s Williams at (202) 418–2918, or via the ownership rules. The Commission longstanding policy goals of fostering Internet at [email protected]. wishes to build on that record to resolve competition, localism, and diversity.

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The Commission seeks additional the proposal to grandfather c. Discussion comment on the NPRM’s (77 FR 2867, combinations as described herein. 7. Market. As proposed in the NPRM, Jan. 19, 2012, FCC 11–186, rel. Dec. 22, 5. The Commission proposes to the Commission tentatively finds that 2011) tentative conclusion that these modify the local television ownership the local television ownership rule policy goals continue to be the rule to allow an entity to own up to two continues to be necessary to promote appropriate framework within which to television stations in the same DMA if: competition among broadcast television evaluate and address minority and (1) The digital NLSCs of the stations (as stations in local television viewing female interests as they relate to the determined by § 73.622(e) of the markets. Although the Commission broadcast ownership rules. Based on the Commission’s rules) do not overlap; or believes the record in the 2010 record developed in response to the (2) at least one of the stations is not Quadrennial Review proceeding NPRM, the Commission continues to supports its view of the appropriate believe that the longstanding policy ranked among the top-four stations in the market and at least eight parameters for defining the market, the goals of competition, localism, and Commission seeks comment on whether diversity are broadly defined to promote independently owned television stations would remain in the DMA developments since the NPRM should the core responsibilities of broadcast cause the Commission to shift the focus licensees. The Commission is not following the combination. In calculating the number of stations of its analysis. persuaded by the comments in the 8. First, the Commission believes that remaining post-merger, only those record that it would be appropriate to the video programming market remains adopt any additional formal policy stations whose digital NLSC overlaps the relevant market for review of the goals. The Commission seeks comment with the digital NLSC of at least one of local television ownership rule. The on this tentative conclusion. the stations in the proposed Commission also believes that the video combination would be considered, C. Media Ownership Rules programming market is distinct from the which would be consistent with the radio listening market. While multiple 1. Local Television Ownership Rule contour overlap provision of the current broadcast commenters argued in favor of rule. In addition, the Commission a. Introduction an expansive market definition that proposes to retain the existing failed/ would include nearly all forms of 4. Based on the record that was failing station waiver policy. The media, the Commission tentatively finds compiled for the 2010 Quadrennial Commission seeks comment on these such arguments to be unpersuasive. The Review, the Commission tentatively proposed modifications to the local Commission has previously found that concludes that the current local television ownership rule and ask the video programming market is television ownership rule remains whether there have been any distinct from other media markets necessary in the public interest and developments since the NPRM that the because consumers do not view non- should be retained with a limited Commission should take into account in video entertainment options (e.g., modification. As discussed below, the the review of the rule. The Commission listening to music or reading) and non- Commission believes that, based on the seeks comment on the costs and benefits delivered video options (e.g., DVDs or current media marketplace and the of the proposed local television movie theaters) as good substitutes for record in this proceeding, the public ownership rule. To the greatest extent watching television, and there is no interest would be best served by possible, commenters should quantify evidence in the current record that replacing the Grade B contour overlap the expected costs or benefits of the would cause the Commission to disturb test used to determine when to apply proposed rule and provide detailed these findings. In addition, the the local television ownership rule with support for any actual or estimated Commission notes the NPRM’s tentative a digital noise limited service contour values provided, including the source of conclusion that it is not now (NLSC) test, rather than the DMA-based such data and/or the method used to appropriate to expand the relevant approach proposed in the NPRM. The calculate reported values. product market beyond video Commission believes that the local programming to include non-video television ownership rule is necessary b. Background information sources of local news and to promote competition. The information. This tentative conclusion Commission further believes that the 6. In the NPRM, the Commission was based on evidence that Internet- competition-based rule proposed in this proposed to retain the local television only Web sites provide only a small Further Notice of Proposed Rulemaking ownership rule, with one modification. amount of local news content and a lack also would promote viewpoint diversity Specifically, the NPRM proposed to of evidence that non-video information by helping to ensure the presence of retain the top-four prohibition, eight- sources modify their programming independently owned broadcast voices test, and numerical limits of the decisions based on the actions of local television stations in local markets and existing rule, while proposing to replace broadcast television stations or vice would be consistent with the the Grade B contour overlap provision versa. The Commission did not receive Commission’s localism goal. The with a DMA-based approach, under significant comment on this specific Commission finds that the local which the Commission would prohibit issue in the 2010 proceeding, and the television ownership rule proposed in ownership of two stations in the same Commission seeks comment on whether this Further Notice of Proposed DMA unless at least one of the stations it should confirm the NPRM’s tentative Rulemaking would be consistent with is not rated in the top four and at least conclusion for the reasons discussed the goal of promoting minority and eight independent voices would remain therein. female ownership of broadcast after the transaction. The NPRM also 9. Second, the Commission believes television stations. Finally, the invited comment on whether to adopt a that its analysis regarding the local Commission believes that the proposed market size waiver standard, the impact television ownership rule should limited modification of the rule will of multicasting on the local television continue to focus on promoting better promote competition, and that ownership rule, and the impact of the competition among broadcast television this benefit would outweigh any proposed rule on minority and female stations in local television viewing burdens, which would be minimized by ownership. markets. In order to compete effectively

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in its local market, and thereby gain changes that have taken place in the the previous rule but by replacing the market share, a broadcast television [television] market’’ because the analog Grade B contour with the digital station must invest in better predicted 2012 advertising revenues for NLSC. The Commission seeks comment programming and provide programming the broadcast television industry are on whether any developments have tailored to the needs and interests of the below the levels achieved in 2006. occurred since the NPRM that should local community, including local news While advertising revenues for cause it to reconsider this proposed and public interest programming. By broadcast television stations were lower approach. strengthening their position in the local during this period, the Commission 14. The Commission believes that the market, television broadcasters are believes the evidence does not support proposed DMA-only approach would better able to compete for advertising the conclusion that this was the result unnecessarily expand the reach of the revenue and retransmission consent of a unique change in the television local television ownership rule in fees, an increasingly important source of marketplace; instead, the total certain DMAs and thus would be revenue for many stations. Viewers in advertising market for all media overbroad. Therefore, the Commission the local market benefit from such experienced a significant contraction, tentatively declines to adopt that competition among numerous strong which was most likely the result of the approach. NAB argues that relying rivals in the form of higher quality global financial crisis that impacted instead on the digital NLSC, which the programming. nearly all markets. Moreover, total Commission has treated as the 10. While the Commission is keenly station revenue for 2012 was predicted functional equivalent of the Grade B aware of the growing popularity of to exceed the total station revenue for contour, would serve the purpose of video programming delivered via 2006 and to grow steadily through 2017. establishing a trigger that would MVPDs and the Internet, it tentatively However, the Commission seeks accurately reflect current digital service find that competition from such video comment on whether any structural areas while avoiding any potential programming providers is currently of changes have occurred in the television disruptive impact, and the Commission limited relevance for the purposes of its marketplace and, if so, whether to adjust believes that approach is reasonable. By analysis. These programming the 2014 Quadrennial Review analysis contrast, there is no digital counterpart alternatives compete largely in national to account for such changes. The to a station’s analog city grade contour. markets—cable network programming is Commission seeks comment on whether Accordingly, consistent with case law generally uniform across all markets, as there have been any significant changes developed after the digital transition, is video programming content available since these figures became available. via the Internet—and, unlike local 12. The Commission believes that the Commission would continue to broadcast stations, such programming broadcast television stations continue to evaluate all future requests for new or providers are not likely to respond to play a unique and vital role in local continued satellite status on an ad hoc conditions in local markets. Though communities that is not meaningfully basis. In addition, consistent with certain broadcast commenters disputed duplicated by non-broadcast sources of previous Commission decisions, the this notion, the Commission tentatively video programming. In addition to Commission tentatively finds that finds their arguments to be unsupported providing viewers with the majority of retaining a contour-based approach by evidence of non-broadcast video the most popular programming on would serve the public interest by programmers modifying their television, broadcast television stations promoting local television service in programming decisions based on the remain the primary source of local news rural areas. In particular such an competitive conditions in a particular and public interest programming. approach would continue to allow local market. Moreover, millions of U.S. households station owners in rural areas to build or 11. In addition, the Commission lack broadband access at speeds purchase an additional station in remote tentatively finds that broadcast sufficient to stream or download video portions of the DMA, so long as there is television’s strong position in the local programming available via the Internet. no digital NLSC overlap. It is important advertising market supports its view Accordingly, the Commission that the local television ownership rule that non-broadcast video programmers tentatively finds that the record take into account the current digital are not yet meaningful substitutes in continues to support a local television service area of a station. The local television markets. Broadcasters ownership rule designed to promote Commission confirms that the digital asserted that the Commission should competition among broadcast television NLSC is an accurate measure of a expand the relevant market, in part stations. The Commission believes the station’s current service area and thus because of increased competition for 2010 Quadrennial Review record would be an appropriate standard. advertising from non-broadcast sources supports the use of this approach, and Thus, under the modified rule proposed of video programming, particularly in it seeks comment on whether this in the Further Notice of Proposed the local advertising market. The data market definition should apply for Rulemaking, the Commission would do not support this claim. From 2008 purposes of the 2014 Quadrennial continue to define the geographic through 2011, though overall local Review. dimensions of the local television advertising spending was down from its 13. Contour Overlap. The NPRM market by reference to DMAs, but the highs in 2005 and 2006, local broadcast proposed to eliminate the Grade B Commission would replace the analog television’s market share actually contour overlap test and rely solely on Grade B contour with the digital NLSC, increased and achieved the highest Nielsen DMAs to determine when to such that within a DMA an entity could levels since 2004. While the shares of apply the local television ownership own or operate two stations in a market local advertising on cable television and rule. The NPRM recognized that the if the digital NLSCs of those stations did the Internet also increased during this DMA approach could have a not overlap. To the extent that the time period, those gains do not appear disproportionate impact in certain digital NLSC of two stations in the same to be at the expense of broadcast DMAs and sought comment on the DMA overlapped, then the stations television stations. NAB asserted that impact of such a change. As discussed serve the same area, even if there was the recent growth in television station below, the Commission tentatively finds no analog Grade B contour overlap prior advertising revenue is temporary and that the public interest is best served by to the digital transition, and in that case not likely to ‘‘address the structural retaining the contour-based approach of the combination would be permitted

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only if it satisfied the top-four it should adopt this approach in the 19. Numerical Limits. The prohibition and the eight-voices test. In 2014 quadrennial proceeding. Commission proposed in the NPRM to the 2002 Biennial Review Order (68 FR 17. The Commission tentatively finds retain the current numerical limits in 46286, Aug. 5, 2003, FCC 03–127, rel. that the concerns raised by those in the local television ownership rule. The July 2, 2003), in which the local favor of permitting grandfathering and Commission seeks comment on whether television ownership rule was relaxed, the transfer of grandfathered to adopt that proposal, thereby the Commission eliminated the contour combinations would largely be permitting a licensee to own up to two overlap provision. However, in addressed by the proposal to retain a stations (i.e., a duopoly) in a market, recognition of the unique circumstances contour overlap provision in the local subject to the other requirements involving stations without Grade B television ownership rule and to proposed in this Further Notice of contour overlap, the Commission substitute the digital NLSC for the Grade Proposed Rulemaking. adopted waiver criteria that would B contour. The contour element of the 20. The Commission seeks comment permit common ownership if the rule would effectively maintain the on its preliminary view that the local applicant could demonstrate ‘‘that the status quo for most, if not all, owners of television marketplace has not changed stations have no Grade B overlap and duopolies formed as a result of the significantly since the NPRM to justify that the stations are not carried by any previous Grade B contour overlap either tightening or loosening the MVPD to the same geographic area.’’ provision. Consistent with the tentative current numerical limits of the local The revised rule adopted in the 2002 conclusion in the NPRM, however, the television rule. Ownership of a second Biennial Review Order was overturned Commission proposes to grandfather in-market station can create substantial on appeal. The Commission believes its ownership of existing combinations of efficiencies, which may allow a local proposal to adopt the digital NLSC television stations, if any, that would broadcast station to invest in standard is in the public interest and is exceed the ownership limit as a result programming that meets the needs of its supported by the record, and it declines of the change to the digital NLSC test local community, such as local news or to propose alternate possible solutions, the Commission proposes herein. Even other public interest programming. such as waiver criteria similar to those in limited circumstances, compulsory Notably, the Commission tentatively adopted in the 2002 Biennial Review divestiture is disruptive to the finds that there is substantial evidence Order. However, the Commission marketplace and is a hardship for in the record that the duopolies invites commenters to propose alternate individual owners; the Commission permitted subject to the restrictions of the current rule have created tangible solutions if they object to the believes any benefits to its policy goals public interest benefits for viewers in Commission’s approach. (including promoting ownership 15. The NPRM described the potential local television markets that more than diversity) would be outweighed by these benefits of a DMA-based approach, offset any potential harms that are countervailing equitable considerations. including correlation with DMA-wide associated with common ownership. carriage of broadcast signals pursuant to 18. The Commission proposes, Moreover, as discussed in greater detail mandatory carriage requirements and however, to require that the sale of any in the paragraphs below on benefits similar to those realized by the such grandfathered combination comply multicasting, the Commission believes geographic market definition in the with the local television ownership rule that the ability to multicast is not a radio rule. For the reasons discussed in place at the time the transfer of substitute for common ownership of above, however, that approach could control or assignment application is multiple stations and, therefore, would have a negative impact in certain DMAs. filed. As stated above, the digital NLSC not justify tightening the existing The Commission seeks comment on the is an accurate measure of a station’s numerical limits. The Commission seeks tentative conclusion that the alternative digital service area. If the digital NLSC comment on these tentative findings. approach proposed in this Further of two stations in the same DMA 21. Similarly, the Commission does Notice of Proposed Rulemaking would overlap, then the stations serve the same not believe there have been sufficient avert the negative impact of the DMA- area, even if there was no Grade B changes in the local television based approach, accurately reflect contour overlap prior to the digital marketplace to justify ownership of a current digital service areas, and transition. Accordingly, requiring that third in-market station. The appropriately balance the Commission’s the sale of a grandfathered combination Commission seeks comment on this public interest goals. comply with the new standard would be tentative conclusion. The primary 16. Grandfathering. The Commission consistent with the Commission’s ‘‘change’’ in the marketplace cited by tentatively affirms the NPRM’s proposal rationale for adopting the digital NLSC- those commenters in favor of loosening to grandfather existing ownership based standard and would not cause the rule is competition from non- combinations that would exceed the hardship by requiring premature broadcast alternatives. As discussed numerical limits under the revised divestiture. Consistent with the above, however, the Commission contour approach, though it tentatively Commission’s previous decisions, it believes the local television ownership finds that the sale of such combinations tentatively finds that the public interest rule is designed to promote competition must comply with the local television would not be served by allowing among broadcast television stations in ownership rule then in effect. In grandfathered combinations to be freely local television markets, and the addition, the Commission proposes that transferable in perpetuity where a Commission has tentatively concluded all permanent waivers from the prior combination does not comply with the that it is not yet appropriate to consider rule that previously have been granted local television ownership rule at the competition from non-broadcast sources would continue in effect under the new time of transfer/assignment. Under its in evaluating whether the rule remains rule, but, like any newly grandfathered proposed approach, the Commission necessary. Even if the Commission were combinations, could not be transferred/ would continue to allow pro forma to consider such competition, assigned intact unless the combination changes in ownership and involuntary Entravision, which supported complies with the local television changes of ownership due to death or ownership of up to two stations in all ownership rule in effect at the time of legal disability of the licensee. The markets and up to three stations in the transfer/assignment. The Commission seeks comment on this markets with 18 or more television Commission seeks comment on whether tentative conclusion. stations, conceded that such

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consolidation is likely to threaten the programming, as once strong rivals not the licenses) effectively changed Commission’s competition and diversity suddenly have incentives to coordinate hands without prior Commission goals by jeopardizing small and mid- their programming in order to minimize approval—approval that was not sized broadcasters. To combat these competition between the commonly technically required. Consistent with harms, Entravision proposed a series of owned stations. In addition, in general, the Commission’s observation above ‘‘behavioral regulations’’ that the there remains a significant ‘‘cushion’’ of regarding the correlation between Commission could adopt in tandem audience share points that separates the affiliation with a Big Four network and with loosening the ownership top-four stations in a market from the market rank, following the affiliation restrictions. The Commission declined fifth-ranked station. Accordingly, the swap, the non-top-four station became a to adopt this proposal in the 2006 Commission tentatively finds that the top-four station. By structuring these Quadrennial Review proceeding, a public interest is best served by transactions so as to evade Commission decision that was upheld in Prometheus retaining the top-four prohibition. The review, a single entity was able to II, and the Commission sees no changes Commission seeks comment on this acquire control over a second top-four in the local television marketplace that tentative conclusion. station in the market, a result that is would warrant reconsideration of the 24. The NPRM also sought comment prohibited under the local television Commission’s previous decision. The on certain circumstances in which a ownership rule. Commission has long applied structural licensee is able to obtain control over 27. The Commission tentatively finds local media ownership rules and has two of the top-four stations in a market that transactions involving the sale or previously rejected proposals for through a transaction or series of swap of network affiliations between in- transactions, sometimes referred to as instituting behavioral rules. The market stations that result in an entity ‘‘affiliation swaps,’’ that do not require Commission proposes to affirm this holding an attributable interest in two prior Commission approval. Based on approach, as it continues to believe that top-four stations can be used to evade its review of the 2010 Quadrennial behavioral rules are not appropriate the top-four prohibition. Accordingly, in Review record, the Commission substitutes for structural local media order to close this loophole, the tentatively finds that such transactions ownership rules. The Commission seeks Commission proposes to clarify that should be subject to the top-four comment on this proposal. Without such transactions must comply with the significant evidence of the public prohibition because it believes they top-four prohibition at the time the interest benefits that could result from circumvent the intent of the rule and are agreement is executed. Specifically, the the ownership of three stations in a not in the public interest. The Commission believes an entity should local market, the Commission does not Commission seeks comment on whether not be permitted to directly or indirectly believe that there is adequate it should adopt this approach. own, operate, or control two television justification at this time for increasing 25. In general, national network stations in the same DMA through the the numerical limits. affiliation is a significant driver of a 22. Top-Four Prohibition. The station’s audience share. The execution of any agreement (or series of Commission proposes to continue to Commission has previously found that, agreements) involving stations in the prohibit mergers between two top-four- nationally, the Big Four networks (i.e., same DMA, or any individual or entity rated stations in a local market, ABC, CBS, Fox, and NBC) are the with a cognizable interest in such consistent with the tentative conclusion highest rated networks and that, in stations, in which a station (the new in the NPRM. The Commission general, the national audience statistics affiliate) acquires the network affiliation tentatively finds that the top-four are reflected in the rankings in the local of another station (the previous prohibition remains necessary to markets. Recent Nielsen data confirm affiliate), if the change in network promote competition in the local this finding. Accordingly, an affiliation affiliations would result in the licensee television marketplace. The swap involving a top-four station and a of the new affiliate, or any individual or Commission seeks comment on whether non-top-four station will nearly always entity with a cognizable interest in the there have been any developments since result in the non-top-four station new affiliate, directly or indirectly the NPRM that it should consider with becoming a top-four station after the owning, operating, or controlling two of regard to this issue. swap. Because such affiliation swaps do the top-four rated television stations in 23. Consistent with previous not involve the assignment or transfer of the DMA at the time of the agreement. Commission decisions, the Commission a station license, the transaction is not In addition, the Commission proposes proposes to continue to prohibit mergers subject to prior Commission approval that, for purposes of making this involving two of the top-four stations in under Section 310(d) of the determination, the new affiliate’s post- a market because it believe such Communications Act of 1934. Thus, by consummation ranking would be the combinations would be the most engaging in an affiliation swap, parties ranking of the previous affiliate at the deleterious to competition. The can achieve a top-four station time the agreement is executed, Commission has previously identified combination that would otherwise have determined in accordance with potential harms associated with top-four been prohibited by the Commission’s § 73.3555(b)(1)(i) of the Commission’s combinations, and the Commission rules. rules. The Commission proposes to find found no evidence in the 2010 26. This fact is evidenced in the any party that has control over two top- Quadrennial Review record to disturb Honolulu, Hawaii, DMA, where an four stations in the same DMA as a the Commission’s previous findings. affiliation swap between a top-four result of such transactions to be in Accordingly, the Commission continues station and a non-top-four station— violation of the top-four prohibition and to believe that top-four combinations which was commonly owned with a subject to enforcement action. would often result in a single firm different top-four station in the Application of this rule would be obtaining a significantly larger market market—was executed. In addition to prospective, and parties that acquired share than other firms in the market and the affiliation swap, the parties swapped control over a second in-market top-four that such combinations could create certain of the stations’ non-network station by engaging in such transactions welfare harms. Top-four combinations programming and the stations’ call prior to the release date of a decision to have been found to reduce incentives signs, purportedly to avoid viewer adopt such a rule would not be subject for local stations to improve their confusion. Thus, the stations (though to divestiture or enforcement action.

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Consistent with KHNL/KGMB License Consistent with Sinclair’s comments, among these independently owned Subsidiary, such transactions that the Commission believes that the stations is important, as it serves to would not be subject to such a rule negotiation of affiliation agreements improve the programming offered both could still be considered in the context typically does not involve affiliation by the major network stations and the of individual licensing proceedings. All swaps and, therefore, would be independent stations, including future transactions would be required to unaffected by this proposal. And while increased local news and public interest comply with the Commission’s rules such swaps may not occur often, given programming. The Commission notes then in effect. The Commission seeks the potential of such transactions to that this competition is perhaps most comment on these proposals. In undermine the local television valuable during the parts of the day in addition, it seeks comment on whether ownership rule, the Commission which local broadcast stations do not and how station owners are attempting believes that the application of the top- transmit the programming of affiliated to circumvent the top-four prohibition, four prohibition to such transactions broadcast networks. Moreover, because or any other of the media ownership would be necessary. The Commission there continues to be a significant gap rules, through the invention of similar does not believe there is a reliable in audience share between the top-four devices. While the Commission has marketplace solution that would stations in a market and the remaining tentatively determined that the present restrain the use of affiliation swaps to stations in most markets, the circumstances support prospective evade the top-four prohibition. The Commission continues to believe that it application of this rule, parties are on Commission seeks comment on these is appropriate to retain the eight-voices notice that similar efforts to evade the views. test, which helps to promote at least media ownership rules could be subject 30. Eight-Voices Test. Consistent with four independent competitors before to enforcement action. the proposal in the NPRM, the common ownership is allowed. The 28. The Commission seeks comment Commission tentatively concludes that a Commission seeks comment on the on whether this application of the top- merger between two in-market stations tentative conclusion that, in light of this four prohibition is consistent with the with overlapping contours should not concentration and consistent with the Commission’s policy to avoid be permitted unless there would be at 2006 Quadrennial Review Order (73 FR constraints on commercial activities that least eight independently owned 9481, Feb. 21, 2008, FCC 07–216, rel. are designed to effect station commercial and noncommercial Feb. 4, 2008), it remains prudent to improvements. The Commission television stations remaining in the require the presence of at least four continues to encourage licensees to market post-merger, and at least one additional independently owned and improve the quality of the programming station is not a top-four station. The operated competitors in the market in and operation of their stations in ways Commission tentatively finds that the order to promote competition in the that are consistent with the eight-voices test continues to be local television market before permitting Commission’s rules and policies. necessary to promote competition in any common ownership in that market. Moreover, the Commission does not local television markets. The The Commission is most interested in believe that closing this loophole in the Commission seeks comment on these learning whether any new information top-four prohibition violates the First tentative conclusions. has become available since the NPRM Amendment. Indeed, recent 31. The Commission’s view is that the that it should take into account in constitutional challenges to the media 2010 Quadrennial Review record does considering this issue. ownership rules have been rejected, and not reveal sufficient changes in the local 32. The Commission tentatively finds the Commission tentatively finds that television marketplace to warrant that it is appropriate to include only this application of the top-four modification of the eight-voices test at full-power television stations in the prohibition withstands First this time. Consistent with the voice count. The primary purpose of the Amendment scrutiny for the same Commission’s prior position, the rule is to promote competition among reasons. Commission tentatively finds that, in broadcast television stations in local 29. While certain commenters argued order to permit common ownership of television viewing markets; therefore, to the contrary, for the reasons two in-market stations with digital the Commission tentatively finds that it discussed herein, acquiring control over NLSC overlap, there should be a would be inappropriate to include other a second in-market top-four station minimum of eight independently owned types of media when counting voices. through the transactions described and operated television stations in the The Commission notes that in the 2006 above is easily distinguishable from market post-merger. The Commission Quadrennial Review Order the other, legitimate actions a station may believes this minimum threshold would Commission addressed the Sinclair undertake to increase ratings at the help ensure robust competition among court’s criticisms of the eight-voices expense of a competitor. In addition, local television stations in the markets test, specifically the rationale for Sinclair cautioned the Commission where common ownership is permitted defining voices differently in the radio- against interfering in the free market under its proposed rule, as it would television cross ownership rule and the negotiation of affiliation agreements— increase the likelihood that each such local television ownership rule. The which it asserted occur often and for market would be served by stations Commission detailed its rationale for valid business reasons—based upon a affiliated with each of the Big Four limiting voices in the television rule to single instance where the Commission networks as well as at least four only full-power television stations, a believes an affiliation swap constituted independently owned and operated rationale that was subsequently upheld an ‘‘end run’’ around the top-four stations unaffiliated with these major on appeal in Prometheus II, and to prohibition. Contrary to Sinclair’s networks. Indeed, nearly every market which the Commission proposes to assertion, the Commission does not with eight or more full-power television continue to adhere herein. The believe that it is necessary, or wise, to stations—absent a waiver of the local Commission seeks comment on its view permit additional parties to evade the television ownership rule or unique that Sinclair does not compel the top-four prohibition before it acts, nor circumstances—is served by each of the Commission to include additional does it believe that this proposal is Big Four networks and at least four voices in the eight-voices test. likely to have a significant impact on independent competitors unaffiliated 33. Market Size Waivers. The NPRM the negotiation of affiliation agreements. with a Big Four network. Competition sought comment on whether the

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Commission should adopt a waiver Commission’s commitment to public interest benefits associated with standard for markets where the rules promoting increased local news remains common ownership. Accordingly, the would otherwise limit ownership to a strong, and the Commission believes Commission’s view based on the most single television station, and, if so, how that the existing waiver policy helps recent record is that it is not appropriate such a waiver standard should be further that goal. The Commission seeks to adjust the numerical limits as a result structured. The NPRM sought comment comment on whether there is new of stations’ multicasting capability. The also on whether such a market size information since the NPRM that would Commission seeks comment, however, waiver, which could even allow alter its preliminary views on this issue. on whether it should reconsider its combinations between top-four stations, 36. The Commission seeks comment position within the context of the 2014 would promote additional local news on the tentative conclusion that Quadrennial Review proceeding. The offerings in small markets that are less maintaining the failed/failing station Commission notes that it has authorized able to support four local news waiver policy will serve the public channel sharing by broadcast television operations. Based on review of the 2010 interest. While it proposes to retain the stations in connection with the Quadrennial Review record, the existing failed/failing station waiver incentive auction of broadcast television Commission tentatively concludes that a policy, it acknowledges that some spectrum and that the statutory market size waiver standard is not industry participants have argued that provision mandating the incentive necessary. Instead, the Commission certain elements of the existing policy auction protects the must-carry rights of tentatively concludes that retention of are too restrictive. Accordingly, the stations that voluntarily relinquish the existing failed/failing station waiver Commission seeks comment on spectrum usage rights in order to policy would serve the public interest potential changes to the policy to channel share. The Commission seeks and it seeks additional comment on address those circumstances. For comment on the potential impact of this whether to relax the waiver criteria or example, are there circumstances in aspect of the incentive auction for establish additional grounds for waiver. which the Commission should refrain purposes of the media ownership rules. 34. The Commission seeks comment from applying the four-percent all-day 39. Moreover, as discussed above, the on the tentative conclusion that audience share requirement or adopt a Commission tentatively finds that the establishing a new market size waiver higher threshold? If so, what public interest is served by retaining the standard is not needed. Having circumstances would justify such a current numerical ownership limits; it evaluated the various proposed waiver change? Are any other changes believe that doing so would promote standards proffered by commenters, the appropriate? The Commission competition in local television markets. Commission is concerned that many of encourages commenters to provide Therefore, as the court noted in the proposed waiver criteria would be alternative waiver criteria for its Prometheus II, even if multicasting did difficult to monitor or enforce, are not consideration, including specific generate cost savings and new revenue rationally related to the ability of each justifications for such criteria, as well as streams similar to owning a second in- station to compete in the local market, the potential impact on its policy goals. market station—though the Commission and could be manipulated in order to 37. Multicasting. The NPRM sought believes that at present it does not—the obtain a waiver. Ultimately, the comment on whether the transition to Commission is not required ‘‘to Commission predicts that such digital television, and specifically a promulgate a more restrictive rule just standards would significantly expand station’s ability to multicast multiple because entities may gain similar the circumstances in which a waiver of program streams has eliminated the economies of scale and generate new the local television ownership rule need to permit common ownership of revenue by multicasting.’’ Indeed, for would be granted. The Commission is two stations in local television markets, the reasons discussed herein, the concerned that such relaxation would as the local television ownership rule Commission proposes not to make such be inconsistent with the tentative does. The 2010 Quadrennial Review a change, and it seeks comment on the conclusion that the public interest is record does not persuade the potential consequences of such an best served by retaining the existing Commission that multicasting justifies approach for purposes of the 2014 television ownership limits. Moreover, imposition of a single-station ownership Quadrennial Review. the Commission believes that the restriction or other tightening of the 40. The NPRM sought comment also existing waiver standard is not unduly current ownership limits. The on the impact of dual network restrictive and that it provides Commission seeks comment on whether affiliations on local markets and appropriate relief in markets of all sizes. there have been any developments since whether the Commission should limit Waiver of its rules is meant to be the NPRM that should cause it to the ability of stations to utilize their exceptional relief, and the Commission reevaluate this position. multicast capacity to form dual tentatively finds that the existing waiver 38. The Commission tentatively affiliations with certain networks. As criteria strike an appropriate balance concurs with the broadcast commenters discussed below, the Commission between enforcing the ownership limits that, while multicasting has produced proposes to decline to regulate such and providing relief from the rule on a public interest benefits, the ability to dual affiliations in the context of the case-by-case basis. multicast does not justify tightening the media ownership rules at this time, and 35. In addition, the Commission current numerical limits. Based on it seeks comment on this proposal. The tentatively finds that it is not necessary evidence in the 2010 Quadrennial Commission seeks comment on to modify the existing waiver standard Review record, broadcasting on a multicasting issues in general and, in in order to promote additional local multicast stream does not—at present— particular, on any potential impact on news, as the current policy already produce the cost savings and additional the incentive auction. indirectly takes this into consideration revenue streams that can be achieved by 41. The Commission does not believe in cases involving failing stations. owning a second in-market station. the 2010 Quadrennial Review record Indeed, parties frequently pledge to Therefore, tightening the numerical supports regulation within the context continue and/or increase local news limits might prevent those broadcasters of its media ownership rules to restrict offerings in order to demonstrate that in markets where common ownership is the use of multicast capability to form the proposed transaction would produce permitted under the existing rule from dual affiliations. The commenters were public interest benefits. The achieving the efficiencies and related primarily concerned with such dual

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affiliations involving two Big Four 42. Minority and Female Ownership. 2. Local Radio Ownership Rule networks. Evidence available during the The Commission sought comment on a. Introduction 2010 proceeding indicates that dual the impact of the proposed local affiliations involving two Big Four television ownership rule on minority 44. Based on the 2010 Quadrennial networks via multicasting are and female ownership opportunities, as Review record, the Commission tentatively finds that the current local generally—if not exclusively—limited to well as the impact of diverse television smaller markets with an insufficient radio ownership rule remains necessary ownership on viewpoint diversity. The in the public interest and should be number of full-power commercial Commission tentatively finds that the retained without modification. The television stations to accommodate each local television ownership rule Commission believes that the rule is Big Four network or where other unique proposed in this Further Notice of necessary to promote competition. In marketplace factors are responsible for Proposed Rulemaking is consistent with addition, the Commission believes that creating the dual affiliation its goal to promote minority and female the radio ownership limits promote arrangements. BIA data from 2012 ownership of broadcast television viewpoint diversity ‘‘by ensuring a indicate that there are approximately 40 stations. The Commission seeks sufficient number of independent radio instances of dual affiliation via comment on this tentative conclusion. voices and by preserving a market multicasting involving multiple Big structure that facilitates and encourages Four networks. Each market in which 43. As discussed above, the Commission tentatively finds that the new entry into the local media market.’’ the Commission identified such dual Similarly, the Commission tentatively affiliation was outside the top-100 2010 Quadrennial Review record demonstrates that the existing local finds that a competitive local radio ranked DMAs, with the vast majority of market helps to promote localism, as a television ownership rule remains such markets—approximately 73 competitive marketplace will lead to the percent—containing three or fewer full- necessary to promote competition selection of programming that is power commercial television stations. among broadcast television stations in responsive to the needs and interests of These findings are consistent with the local markets. Moreover, the the local community. The Commission data and estimates provided by cable Commission believes the competition- tentatively finds also that the local radio commenters, as a significant majority of based rule would also indirectly ownership rule is consistent with its the dual affiliations identified in these advance its viewpoint diversity goal by goal of promoting minority and female comments involved a Big Four network helping to ensure the presence of ownership of broadcast television and a ‘‘Little Two’’ network (i.e., The independently owned broadcast stations. Finally, the Commission CW or MyNetworkTV). The Commission television stations in the local market, believes that these benefits outweigh tentatively finds that Big Four/Little thereby increasing the likelihood of a any burdens that may result from its Two dual affiliations via multicasting, variety of viewpoints. In addition, while proposal to retain the rule without regardless of market rank, do not raise the Commission does not propose to modification. The Commission seeks sufficient competitive concerns to retain the rule with the specific purpose comment on these tentative justify an amendment to the local of preserving the current levels of conclusions. television ownership rule. While there minority and female ownership, the 45. In accordance with these tentative may be potential harms that result from Commission tentatively finds that conclusions, the Commission proposes certain dual network affiliations, the retaining the existing rule would that an entity may continue to own: (1) Up to eight commercial radio stations in Commission tentatively agrees with effectively address the concerns of those radio markets with 45 or more radio broadcast commenters that the potential commenters who suggested that stations, no more than five of which can benefits of dual affiliation via additional consolidation would have a be in the same service (AM or FM); (2) multicasting in these smaller markets, negative impact on minority and female up to seven commercial radio stations in including dual affiliation with more ownership of broadcast television radio markets with 30–44 radio stations, than one Big Four network, outweigh stations. The Commission notes also no more than four of which can be in any potential harms to the that it proposes to retain without the same service (AM or FM); (3) up to Commission’s policy goals. Indeed, the modification the current failed/failing six commercial radio stations in radio Commission believes that a significant station waiver policy, including the out- markets with 15–29 radio stations, no benefit of the multicast capability is the of-market-buyer solicitation more than four of which can be in the ability to bring more local network requirement—the failed station same service (AM or FM); and (4) up to affiliates to smaller markets, thereby solicitation rule (FSSR)—which five commercial radio stations in radio increasing access to popular network promotes new entry in a market by markets with 14 or fewer radio stations, programming and local news and public ensuring that out-of-market entities no more than three of which can be in interest programming tailored to the interested in purchasing a station, the same service (AM or FM), provided specific needs and interests of the local including minorities and women, will that an entity may not own more than community. Based on the 2010 have an opportunity to bid. The 50 percent of the stations in such a Quadrennial Review record, it appears Commission seeks comment on how any market, except that an entity may that marketplace incentives operate to developments since the NPRM may always own a single AM and single FM limit the occurrence of dual affiliations affect these tentative findings. In station combination. The Commission via multicasting involving multiple Big addition, the Commission seeks seeks comment on the costs and benefits Four networks to these smaller markets. comment on whether the incentive of its proposal to retain the existing For these reasons, the Commission auction has the potential to impact local radio ownership rule. To the tentatively declines to regulate dual greatest extent possible, commenters minority and female broadcast affiliations at this time, and the should quantify the expected costs or ownership and whether any such Commission seeks comment on this benefits of retaining the rule and approach within the context of any impacts should affect the 2014 provide detailed support for any actual marketplace changes that may have Quadrennial Review. or estimated values provided, including occurred since the NPRM. the source of such data and/or the

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method used to calculate reported seeks comment on this tentative Internet-delivered audio programming. values. conclusion and invites commenters to For example, in 2011, online-only audio provide any more recent relevant programming providers were estimated b. Background information and data. to have earned approximately $295 46. In the NPRM, the Commission 49. The Commission believes, million in advertising revenue. By proposed to retain the local radio moreover, that satellite radio and contrast, in 2011, the total broadcast ownership rule without modification, content delivered via the Internet radio advertising revenue market was including the AM/FM subcaps, and generally are national platforms that are projected at approximately $17.8 sought comment on this tentative not likely to respond to competitive billion. The Commission notes that NAB conclusion. The Commission also conditions in local markets. Satellite conceded that local radio broadcasting sought comment on whether and, if so, radio content is uniform nationally, and revenues have improved in recent years, how, to incorporate new audio there is no evidence in the record that but it argued that there has been a platforms into the rule and on the content decisions are made based on ‘‘structural change in the audio impact of such platforms on the competitive conditions in local markets. marketplace’’ because overall revenues broadcast radio industry. In addition, Similarly, there is no evidence in the were below levels earned in 2005 and the NPRM sought comment on whether record that Internet radio stations and 2006 and are not expected to reach to adopt a specific waiver standard for other Internet-delivered audio those levels until 2015. While total the local radio ownership rule and on programming providers (excluding advertising revenue for local radio how the proposed rule would affect streams of local broadcast radio stations) stations did decline from 2006–2009, minority and female ownership modify their programming decisions to with the most significant declines in opportunities. respond to competitive conditions in 2008 and 2009, the evidence does not c. Discussion local markets. Ultimately, the support the conclusion that this was a Commission tentatively finds that only result of a unique change in the audio 47. Market. In the NPRM, the local broadcasters provide programming marketplace; instead, the total Commission tentatively concluded that based on the unique characteristics of advertising market for all media the relevant market for review of the their respective local markets. As the experienced a significant contraction local radio ownership rule is the radio Commission has stated previously, it is that was most likely the result of the listening market and that it is not the competition between such rivals global financial crisis that impacted appropriate, at this time, to expand that that most benefits listeners in a local nearly all markets. Moreover, overall market to include non-broadcast sources market and serves the public interest— advertising revenues for the broadcast of audio programming. Based on the competition that is currently lacking radio industry have steadily improved Commission’s review of the 2010 from non-broadcast audio alternatives. since 2010 and are predicted to grow Quadrennial Review record, it believes Therefore, the Commission proposes to through 2020. However, the this approach is appropriate, and it continue to limit the relevant market for Commission seeks comment on whether seeks comment on whether it should the local radio ownership rule to any structural changes have occurred in maintain this market definition. broadcast radio stations in local radio the audio marketplace and, if so, 48. The Commission tentatively finds listening markets, and it seeks comment whether to adjust the 2014 Quadrennial that, for purposes of the Commission’s on this proposal. Review analysis to account for such ownership rules, non-broadcast sources 50. In addition, broadcast radio’s changes. The Commission seeks of audio programming are not yet consistently strong position in both comment on whether there have been meaningful substitutes for broadcast local and national advertising markets any significant changes since these radio stations with respect to either appears to support the Commission’s figures became available. listeners or advertisers. While alternate tentative finding that non-broadcast 51. Market Size Tiers. The NPRM platforms such as satellite radio and sources of audio programming are not proposed to retain the current approach Internet-delivered audio are growing in significant competitors at this time. of setting numerical limits based on popularity, broadcast radio remains the Broadcasters asserted that the market size tiers and determining the dominant radio technology. In 2012, 92 Commission should expand the relevant market size based on the number of percent of Americans age 12 or older market for review, in part, because of commercial and noncommercial radio listened to broadcast radio, a figure that competition for advertising revenue stations in the local market. The has remained essentially constant over from non-broadcast audio sources; Commission tentatively concludes that the last decade. Satellite radio still however, recent advertising data do not it should adopt these proposals and seek serves only a small portion of the support this contention. From 2008 comment on this approach. population, even though its subscription through 2011, broadcast radio’s local 52. The Commission tentatively rates continue to climb. And though advertising revenue market share declines to modify the current rule’s recent data suggest that a significant increased each year, reaching 16.6 method of calculating the number of portion of adult U.S. broadband percent in 2011. In the national stations a licensee owns. The households (42 percent) listen to advertising market during that same Commission seeks comment on Mid- Internet-delivered audio programming, time period, broadcast radio’s market West Family’s assessment that the the Commission notes that millions of share remained stable (between 1.8 and Prometheus I decision mandates an U.S. households continue to lack 2.0 percent). By contrast, satellite adjustment, in light of the court’s broadband connections. In addition, radio’s advertising revenue market share Prometheus II decision upholding the only 14 percent of Internet radio in both the local and national markets existing rule’s methodology. The listeners listen in their cars, where most did not exceed 0.1 percent. And while Commission’s preliminary view is that broadcast radio listening occurs. Thus, ‘‘Internet advertising’’ has seen adopting Mid-West Family’s approach the Commission tentatively concludes significant gains in advertising revenue would permit potentially significant that Internet-delivered audio market share both locally and consolidation in local radio markets, programming is not yet a meaningful nationally, evidence suggests that the which would be inconsistent with the substitute for broadcast radio listening revenue is not attributable in any rationale for the Commission’s proposal, for most listeners. The Commission significant portion to providers of discussed in greater detail below, to

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retain the existing numerical ownership only that the existing limits were not the radio industry and would be limits. Finally, the Commission unduly restrictive, but also that inconsistent with the 1996 Act. Further, proposes to reject Mt. Wilson’s permitting additional consolidation tightening the rule would require proposal. As discussed in greater detail would not be in the public interest. The divestitures that the Commission below in the context of the AM/FM Prometheus II court upheld the believes would be disruptive to the subcaps, digital radio is still a growing Commission’s decision. radio industry and would upset the technology; there is no mandate 55. The Commission determined also settled expectations of individual requiring its adoption; and it has not yet in the 2006 Quadrennial Review Order owners. The Commission seeks achieved widespread deployment or that tightening the radio ownership comment on whether any benefits consumer acceptance. Therefore, the limits was not justified based on the derived from tightening the limits Commission tentatively finds that it is record. The Commission held that would outweigh these countervailing premature to amend its local radio tightening the ownership limits would considerations. In addition, the ownership rule as a result of digital be inconsistent with Congress’s decision Commission seeks comment on its technology, and it seeks comment on to relax the limits in the 1996 Act and continued belief that, for the reasons this approach. would ignore the financial stability that stated in the 2006 Quadrennial Review 53. Numerical Limits. The NPRM consolidation brought to the radio Order, tightening the limits while proposed to retain the existing industry. In addition, the Commission grandfathering existing combinations numerical limits. In addition, the NPRM determined that tightening the rule would not be in the public interest and sought comment on Clear Channel’s would require significant divestitures should be avoided. proposal to allow increased ownership that would disrupt the radio 58. Clarification of Application of in larger markets by creating additional marketplace and could undermine the Local Radio Ownership Rule. In the tiers. Clear Channel suggested an ability of local stations to provide 2002 Biennial Review Order, the increase from eight to ten in the number quality programming to their local Commission adopted the current of stations a single entity may own in markets. While acknowledging that standard of using Arbitron Metro areas, markets with between 55 and 64 grandfathering was an option to avoid where available, for the application of stations and from eight to twelve in the the disruptive impact of divestitures, the numerical radio ownership limits. number of stations that a single entity the Commission determined that At that time, the Commission also may own in markets with 65 or more grandfathering in this instance would adopted certain procedures and stations. No party provided comments not be in the public interest. safeguards designed to guide the on this proposal and, as discussed 56. Based on the 2010 Quadrennial implementation of the revised local below, the Commission tentatively finds Review record, the Commission radio ownership rule and to deter that the record supports retaining the tentatively finds that the competitive parties from attempting to circumvent existing numerical limits (i.e., the conditions in the radio marketplace that the rule through the manipulation of existing number of tiers and the supported the Commission’s decision to Arbitron market definitions. Years of numerical limits associated with each); retain the existing numerical limits in experience applying the current therefore, it tentatively declines to adopt the 2006 Quadrennial Review Order are approach suggest certain aspects of the the new ownership tiers proposed by essentially unchanged. Evidence from current standard that the Commission Clear Channel. As discussed above, 2012 shows that in local markets, the believes merit clarification or further many commenters in the 2010 largest commercial firms continue to action to fulfill the intent of the 2002 Quadrennial Review proceeding enjoy substantial advantages in revenue Biennial Review Order. supported the Commission’s proposal to share—on average, the largest firm in 59. Multiple parties raised other retain its existing limits, while other each Arbitron Metro market has a 45 issues in the 2010 Quadrennial Review commenters argued in favor of percent share of the market’s total radio proceeding that the Commission loosening or tightening the existing advertising revenue, with the largest tentatively declines to address limits. However, no commenters two firms accounting for 73 percent of specifically herein. Mid-West Family proposed specific numerical limits to the revenue. In more than a third of all requested changes to the grandfathering replace the existing limits. For the Arbitron Metro markets, the top two rules regarding transfers of control due reasons discussed below, the commercial station owners control at to death or other departure of Commission proposes to adopt the least 80 percent of the radio advertising shareholders/partners of closely held tentative conclusion in the NPRM to revenue. With respect to ratings, the businesses, asserting that such transfers retain the existing numerical ownership top-four firms continue to dominate of control should be treated the same as limits for each existing market size tier. audience share. Therefore, the transfers that occur pursuant to a will or 54. In the 2006 Quadrennial Review Commission does not believe the public intestacy. In addition, UCC et al. argued Order, the Commission rejected calls to interest would be served by relaxing the that the Commission should consider relax the numerical ownership limits, existing numerical limits. The reversing its decision in the 2002 finding instead that retaining the Commission seeks comment on whether Biennial Review Order to grandfather existing limits was necessary to protect there are any more recent data that point certain radio station combinations, against excessive market concentration. toward a different conclusion. particularly in light of the elimination of The Commission noted that, following 57. The Commission notes also that the eligible entity exception, which they the relaxation of the local radio the record in the 2010 Quadrennial asserted could present ownership ownership limits by Congress in the Review proceeding does not reflect opportunities for minorities and 1996 Act, there had been substantial changes in the marketplace that warrant women. By contrast, Frandsen argued consolidation of radio ownership both reconsideration of the Commission’s that the Commission should permit the nationally and locally. Evidence in the previous decision not to make the limits sale of grandfathered clusters to any record demonstrated that, in local more restrictive, as some commenters party. The Commission tentatively markets, the largest firms often recommended. The Commission declines at this time to address the dominated the market in terms of believes that tightening the restrictions issues raised by Mid-West Family, UCC audience and revenue share. The would disregard the previously et al., and Frandsen. As the Commission Commission ultimately concluded not identified benefits of consolidation in has proposed to retain the existing

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numerical limits, it sees no reason at ownership limits because the station competition. In addition, the NPRM this time to reverse or expand the proposing to change its community will sought comment on the impact of the grandfathering policies that apply to continue to be listed by BIA as ‘‘home’’ digital radio transition on the AM/FM existing combinations. The Commission to the Metro until the community of subcaps, as well as issues regarding the has previously found Mid-West license change has taken place. To aggregation of multiple AM stations to Family’s requested relief to be outside resolve this practical issue, the provide signal coverage in large the scope of the quadrennial review Commission tentatively proposes to geographic areas or in areas with proceeding. Moreover, as discussed allow a temporary waiver of the radio mountainous terrain. Consistent with herein, the Commission has proposed to multiple ownership limits for three the proposal in the NPRM, the reinstate the eligible entity exception. months in this limited instance to allow Commission tentatively finds that there 60. The 2002 Biennial Review Order BIA sufficient time to change the have not been significant changes in the prohibits a party from receiving the affected station’s ‘‘home’’ designation broadcast radio marketplace with benefit of a change in Arbitron Metro following a community of license respect to the rationale for maintaining boundaries or ‘‘home’’ market relocation. The Commission also the AM/FM subcaps since the designation unless that change has been proposes to exempt from the conclusion of the 2006 Quadrennial in place for at least two years (or, in the requirements of Note 4 ‘‘intra-Metro’’ Review proceeding, and it proposes to case of a ‘‘home’’ designation change, community of license changes—from retain the existing AM/FM subcaps for the station’s community of license is one community to another within the the reasons set forth in the 2006 within the Metro). The Commission same Arbitron Metro. The Commission Quadrennial Review Order. The does not apply the two-year waiting tentatively finds that, in the majority of Commission seeks comment on this period to Arbitron Metro changes cases, such a move will have little or no approach. resulting from a Commission-approved impact on the state of competition 64. The Commission tentatively change in community of license to an within the local market. The agrees with the commenters in the 2010 area outside the Metro’s boundaries. Commission seeks comment on these Quadrennial Review proceeding that The Commission proposes to clarify that proposed adjustments to the operation supported retention of the AM subcaps the exception to the waiting period for of Note 4. in order to promote new entry. Commission-approved changes applies 62. In its comments in the 2010 Consistent with Commission precedent, only where the community of license Quadrennial Review proceeding, ARSO the Commission believes that broadcast change also involves the physical renewed its longstanding request that radio, in general, continues to be a more relocation of the station facilities to a the Commission redefine local radio likely avenue for new entry in the media site outside the relevant Arbitron Metro markets for Puerto Rico. ARSO argues marketplace—including entry by small market boundaries. Otherwise, the that Arbitron’s definition of the entire businesses and entities seeking to serve licensee of a station currently located in island of Puerto Rico as a single niche audiences—as a result of radio’s an Arbitron Metro could use the Arbitron Metro market does not ability to more easily reach certain exception to reduce the number of its accurately reflect market and geographic demographic groups and the relative stations listed as ‘‘home’’ to that Metro, realities, which prevent stations from affordability of radio stations compared without triggering the two-year waiting competing island-wide. ARSO requests to other mass media. AM stations are period and without any change in that the Commission: (1) redefine the generally the least expensive option for physical coverage or market local radio markets in Puerto Rico using entry into the radio market, often by a competition, merely by specifying a new the eight Metropolitan Statistical Areas significant margin, and therefore permit community of license located outside defined by the Office of Management new entry for far less capital investment the Metro. Thus, this clarification and Budget (OMB); or (2) redefine the than is required to purchase an FM safeguards the local radio ownership local radio markets using the three station. While some commenters limits from manipulation based on Combined Statistical Areas defined by suggested that eliminating the subcaps Arbitron market definition. The OMB; or (3) treat Puerto Rico as a non- could result in divestiture of properties Commission seeks comment on this Arbitron Metro area and redefine its that could be acquired by new entrants, proposed clarification. local markets using contour-overlap the Commission tentatively finds that 61. Note 4 to § 73.3555 of the methodology. The Commission has this speculative rationale is not Commission’s rules (Note 4) consistently waived the Arbitron Metro persuasive. Therefore, consistent with grandfathers existing station definition for applicants in Puerto Rico Commission precedent, it believes that combinations that do not comply with and employed the contour-overlap the public interest is best served by the numerical ownership limits of methodology in the course of retaining the existing AM subcaps, § 73.3555(a). Certain circumstances, implementing the 2002 Biennial Review which would continue to further however, require applicants to come Order. The Commission has previously competition, and possibly also into compliance with the numerical stated that it would address ARSO’s viewpoint diversity, by promoting new ownership limits despite the fact that request for relief in a future proceeding. entry. The Commission seeks comment the relevant station may have been part The Commission seeks comment on on this issue and invites commenters to of an existing grandfathered cluster. One ARSO’s suggestions and on the provide any new relevant information such circumstance is a community of effectiveness of the Commission’s prior that has become available since the license change, which occasionally can waivers of the definition in this context. NPRM. lead to difficulty in the case where an 63. AM/FM Subcaps. The NPRM 65. In addition, the Commission applicant with a grandfathered cluster proposed to retain the existing AM/FM tentatively finds that there continue to of stations seeks to move a station’s subcaps, finding that the rationales for be technical and marketplace community of license outside the doing so set forth in the 2006 differences between AM and FM relevant Arbitron Metro. Given that the Quadrennial Review Order were still stations that justify retention of both the Commission relies on BIA for market valid, namely to promote new entry and AM and FM subcaps in order to designations, such an applicant may be to account for the technological and promote competition in local radio prevented from demonstrating marketplace differences between AM markets. As the Commission has noted compliance with the multiple and FM stations and thereby promote previously, FM stations enjoy unique

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technical advantages over AM stations, comment on this approach. The the 2010 Quadrennial Review such as increased bandwidth and Commission has recently initiated a proceeding. The Commission tentatively superior audio signal fidelity. In proceeding to explore ways to revitalize declines to adopt a specific waiver addition, AM signal propagation varies the AM band. Similarly, the standard for the local radio ownership with the time of day (i.e., AM signals Commission proposes to monitor that rule. The Commission seeks comment travel much farther at night than during proceeding for any future impact on the on whether it is sufficient that, the day), and many AM stations are AM marketplace that may warrant consistent with Commission precedent, required to cease operation at sunset. consideration in its media ownership parties that wish to seek a waiver of the These technological differences often, proceedings. The Commission seeks local radio ownership rule may do so but not always, result in greater comment on any present implications of pursuant to the general waiver standard listenership and revenues for FM these revitalization efforts for the 2014 under Section 1.3 of the Commission’s stations. Quadrennial Review. rules. 66. While the Commission has 68. Finally, while the technological 71. Minority and Female Ownership. previously stated that digital radio and marketplace differences between The Commission sought comment on technology may help AM stations to AM and FM stations generally benefit how the radio rule affects minority and level the playing field with FM stations, FM stations, and thus support retention female ownership opportunities, it tentatively finds that this is not yet of the FM subcaps, there continue to be including specific comment on the the case. Deployment of digital radio many markets in which AM stations are results of Media Ownership Study 7, technology for both AM and FM stations ‘‘significant radio voices.’’ For example, which analyzes the relationship is limited and has not changed a study provided by Clear Channel between ownership structure and the significantly in recent years. In addition, found that throughout the 300 Arbitron provision of radio programming targeted the Commission believes it is important Metro markets, there are 187 a.m. to African-American and Hispanic to consider consumer adoption when stations ranked in the top five in terms audiences. The Commission tentatively evaluating the impact of digital radio on of all-day audience share. And finds that the radio ownership rule the technological and marketplace according to NAB, AM stations are proposed in this Further Notice of differences between AM and FM among the top revenue earners in some Proposed Rulemaking is consistent with stations. AM stations will not be able to of the largest radio markets (e.g., New the goal to promote minority and female realize the potential competitive York, Chicago, and Los Angeles). ownership of broadcast radio stations. benefits of transitioning to digital if Therefore, the Commission tentatively The Commission seeks comment on this listeners are largely unable to receive finds that retention of the existing AM tentative conclusion. the digital broadcasts. Recent digital subcaps is necessary to prevent a single 72. As noted above, the Commission radio deployment data suggest that FM station owner from acquiring excessive tentatively finds that retaining the stations may actually be increasing the market power through concentration of existing competition-based numerical technological divide through greater ownership of AM stations in markets in limits would indirectly promote its adoption rates of digital radio which AM stations are significant radio viewpoint diversity goal, in part by technology. Furthermore, consumers voices. preserving ownership opportunities for have been slow to adopt radios capable 69. In addition, as discussed above, new entrants, including minority- and of receiving digital signals, though the Commission tentatively concludes female-owned businesses. Moreover, consumer awareness of the technology that it is not in the public interest to part of the rationale for the proposal to is relatively high and there are efforts to tighten the numerical ownership limits; retain the AM/FM subcaps is to promote increase the availability of such radios, therefore, the Commission sees no need new entry, particularly in the AM band, particularly as standard or optional to reassess the subcaps associated with which has historically provided low- equipment in many new car models. each numerical tier, as proposed by Mt. cost ownership opportunities for new The Commission proposes to continue Wilson. Indeed, tightening the subcaps entrants, including minorities and to monitor the impact of the digital absent a concurrent tightening of the women. radio transition in future media numerical ownership limits would 73. The Commission tentatively ownership proceedings. It seeks result in an internal inconsistency in the declines to tighten the local radio rule’s comment on this approach. rule, as an entity would be unable to ownership limits in order to promote 67. Furthermore, the Commission own all the stations otherwise permitted increased minority and female tentatively finds that the recent changes under certain numerical tiers. For ownership, as some recommend. While to the FM translator rules, ‘‘to allow AM example, in markets with 30–44 the Commission remains committed to stations to use currently authorized FM stations, an entity currently may own up promoting minority and female translator stations to retransmit their to seven stations, provided that no more ownership, it is one of many— AM service within their AM stations’ than four of the stations are in the same sometimes competing—goals that the current coverage areas’’ have not yet service. If the subcap was tightened to Commission must balance when setting significantly impacted the technological three stations in the same service, an the numerical ownership limits. As and marketplace differences between entity could then only own up to six discussed above, the Commission AM and FM stations. While this change stations, even though the rule’s premise believes that tightening the local radio has been beneficial for many AM is that the public interest is best served rule’s ownership limits would ignore stations, many more AM stations have by permitting ownership of up to seven the benefits of consolidation in the radio not availed themselves of the stations in this particular market. The industry and therefore be inconsistent opportunity and/or lack the ability to do Commission seeks comment on whether with the 1996 Act. Furthermore, it so. Consequently, the Commission there is any reason the Commission believes that tightening the local radio believes that FM stations generally should adopt different subcaps despite rule would require divestitures that continue to enjoy significant advantages this potential inconsistency. would be disruptive to the radio over AM stations. The Commission 70. Market Size Waivers. Though the industry. In addition, while the proposes to continue to monitor the NPRM sought comment on whether to Commission does not propose to retain impact of this change in future media adopt a specific waiver standard, no the rule specifically to preserve the ownership proceedings, and it seeks commenter proposed such a standard in current levels of minority and female

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ownership, it tentatively finds that promoting viewpoint diversity, calling it Commission seeks comment, therefore, retaining the existing rule effectively a ‘‘basic tenet of national on whether there is sufficient would address the concerns of those communications policy.’’ justification under the legal standards of commenters who suggest that additional 76. As discussed below, daily Section 202(h) for continuing to restrict consolidation would have a negative newspapers and local television stations newspaper/radio combinations. The impact on minority and female (and their affiliated Web sites) continue Commission seeks comment also on the ownership of broadcast radio stations. to be the dominant providers of local costs and benefits associated with Ultimately, the Commission tentatively news and information to which retaining or eliminating the restriction finds that, based on the record in the consumers turn. Evidence in the 2010 on newspaper/radio combinations. To 2010 Quadrennial Review proceeding, Quadrennial Review proceeding does the greatest extent possible, commenters the current competition-based limits not suggest that the Internet, for all its should quantify the expected costs or reflect an appropriate balance of its ability to make infinite sources of benefits of the rule and any alternatives policy goals and that retaining these information immediately and globally and provide detailed support for any limits would serve the public interest accessible, has yet tilted that balance. actual or estimated values provided, and simultaneously promote viewpoint Thus, the ‘‘diverse and antagonistic including the source of such data and/ diversity. The Commission seeks sources’’ that the NBCO rule historically or the method used to calculate reported comment on these tentative conclusions has protected—daily newspapers and values. and invites commenters to provide any local television stations—are still the 78. The Commission invites comment evidence bearing on this issue that has primary outlets of local news and also on whether and in what way it become available since the NPRM. information that consumers use. should modify the newspaper/television Comments in the current record touting cross-ownership restriction. Although 3. Newspaper/Broadcast Cross- the localism benefits of newspaper/ further comment is welcome, the Ownership Rule broadcast cross-ownership or claiming a Commission is disinclined to impose a a. Introduction competitive need for traditional media bright-line rule permitting combinations to achieve economies of scale in today’s in certain circumstances. Instead the 74. Since 1975, the newspaper/ marketplace, while providing a fuller Commission seeks comment on broadcast cross-ownership rule (NBCO understanding of the newsgathering approaches that would maintain the ban rule) has prohibited common ownership efficiencies of cross-owned properties on newspaper/television combinations of a daily newspaper and a full-power and the current financial challenges in all markets but that would allow broadcast station (AM, FM, or TV) if the facing traditional media, were not applicants the opportunity to seek station’s service contour encompasses substantially different from those made approval of particular transactions. The the newspaper’s city of publication. in previous reviews, and the Commission could consider any waiver This absolute ban on newspaper/ Commission does not believe they requests on a purely case-by-case basis, broadcast cross-ownership remains in diminish the viewpoint diversity assessing each request independently effect today despite the Commission’s rationale for the rule. Moreover, the and considering the totality of the attempts over the last decade to modify efficiencies that may be gained from circumstances each proposed the restriction. Most recently, in the newspaper/broadcast combinations do transaction presents, including all 2006 Quadrennial Review Order, the not necessarily lead to gains in localism. asserted and potential likely public Commission adopted a revised standard As explained below, the Commission interest implications of the specific whereby waiver requests for certain seeks comment on the extent to which proposed combination. The Commission mergers in the top 20 Nielsen DMAs this dominance of daily newspapers and seeks comment on this approach, were granted a favorable presumption. local televisions stations in the including the costs and benefits The Third Circuit, however, vacated and provision of local news and information associated with a pure case-by-case remanded the revisions on procedural persists today. review of waiver applications. To the grounds, finding that the Commission 77. However, the Commission found greatest extent possible, commenters had failed to provide adequate public in previous reviews that the nearly 40- should quantify the expected costs or notice of its proposed rule pursuant to year-old blanket prohibition on benefits of this proposal and any the APA. Although the Court in newspaper/broadcast cross-ownership is alternatives and provide detailed Prometheus I affirmed the Commission’s overly broad, and the Third Circuit support for any actual or estimated conclusion that an absolute ban is not upheld those findings. It is possible that values provided, including the source of necessary, the Court in Prometheus II some newspaper/broadcast such data and/or the method used to did not reach the Commission’s combinations could be allowed without calculate reported values. substantive modifications to the NBCO unduly harming viewpoint diversity. To 79. The Commission also invites rule. that end, the Commission seeks further comment on a case-by-case 75. The Commission continues to comment on whether the prohibition on waiver approach that would include believe that some restriction on newspaper/radio combinations should presumptions that favor or disfavor the newspaper/broadcast cross-ownership is be lifted. The Commission asks what grant of waiver requests in accordance necessary to protect and promote impact such a modification would have with certain prescribed guidelines. This viewpoint diversity in local markets. on viewpoint diversity in local markets. approach would build on proposals in The Commission seeks comment on that Research shows that most radio stations the NPRM to modify the vacated 2006 tentative conclusion. This view is do not produce significant amounts of rule. Under this approach, a request for consistent with the Commission’s local news and that most consumers do waiver of the newspaper/television longstanding rationale for the NBCO not rely on radio stations as their cross-ownership prohibition would be rule. As the Commission recognized in primary source of local news. Given that entitled to a presumption that it is the 2002 Biennial Review Order, ‘‘[a] the newspaper/television restriction has consistent with the public interest, diverse and robust marketplace of ideas always been the crux of the NBCO rule, convenience, and necessity to allow an is the foundation of our democracy.’’ the Commission seeks comment entity to own, operate, or control one The Supreme Court has recognized the regarding the added value of the rule’s daily newspaper and one full-power importance of the Commission’s role in newspaper/radio component. The television station in a top-20 Nielsen

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DMA provided that: (1) The television believes that the factors are for the most consumers rely on for local news and station is not ranked among the top-four part vague, subjective, difficult to prove information. The Commission television stations in the DMA, based on and enforce, and/or not directly linked recognized that newspaper/broadcast the most recent all-day (9 a.m.– to viewpoint diversity. Third, the cross-ownership may provide certain midnight) audience share, as measured restriction would not include a local benefits that promote its localism goal. by Nielsen or by any comparable news exception, such as the one Thus, it tentatively affirmed the professional, accepted audience ratings permitted by the 2006 rule under which Commission’s earlier findings that the service, and (2) at least eight the Commission reversed the negative opportunity to share newsgathering independently owned and operating presumption against a waiver when the resources and to realize other major media voices will remain in the proposed combination involved a efficiencies derived from economies of DMA. Major media voices would broadcast station that had not been scale and scope may improve the ability include full-power television broadcast offering local newscasts and the of commonly owned media outlets to stations and newspapers that are applicants committed to airing at least provide local news and information. It published at least four days a week seven hours of local news per week after tentatively concluded, as the within the DMA in the dominant the transaction. As described below, the Commission found in previous language of the market and have a Commission believes that the potential ownership reviews, that newspapers circulation exceeding 5 percent of the difficulties in monitoring and enforcing and broadcast stations do not compete households in the DMA. In all other the exception would render it in the same product market and, cases and in any DMA below the top-20 meaningless. Fourth, the Commission therefore, that the rule is not necessary there would be a presumption that proposes to include in any restriction an to promote its competition goal. granting a waiver to permit a exception for merger applicants that 84. Discussion. The Commission seeks newspaper/television combination is demonstrate that either the television comment on the current validity of the inconsistent with the public interest, station or the newspaper has failed or is Commission’s tentative conclusion in convenience, and necessity. A party failing. the NPRM that newspapers and local seeking to overcome a presumption 81. Finally, the Commission television stations, and their affiliated would carry the burden of proof that the tentatively agrees with DCS that the Web sites, are the dominant sources proposed combination will or will not NBCO rule does not have a significant consumers rely on for local news and unduly harm viewpoint diversity within impact on minority ownership, and the therefore that cross-ownership the DMA. As provided below, the Commission believes that these modest restrictions continue to be necessary Commission seeks comment on all revisions the Commission put forth for under Section 202(h) to promote aspects of this framework, including the comment would be unlikely to have a viewpoint diversity in local markets. costs and benefits of each of the disproportionate effect on either The Commission proposes to adopt the elements discussed herein. To the minority or female owners. The NPRM’s tentative findings that the greatest extent possible, commenters Commission seeks comment on whether NBCO rule is not necessary to foster its should quantify the expected costs or the benefits of the revisions it describes localism and competition goals. While benefits of this approach and any here in the interest of protecting the Commission recognizes that the rule alternatives and provide detailed viewpoint diversity would outweigh may hinder the realization of certain support for any actual or estimated any burdens that could result from such efficiencies that could result in the production of more local news, it values provided, including the source of revisions, which the Commission would anticipates that modifications of the such data and/or the method used to minimize by grandfathering any rule, such as those outlined below, calculate reported values. combinations that would become newly could enable such efficiencies, and non-compliant because of the revisions. 80. As described in more detail below, thereby potentially promote localism, in the Commission seeks comment on b. Background situations where viewpoint diversity various other issues regarding a would not be unduly sacrificed. newspaper/television cross-ownership 82. As discussed below, the NPRM restriction. First, any restriction would inquired about detailed scenarios in (i) Viewpoint Diversity be modified to replace the obsolete connection with proposed rule 85. In the 2010 Quadrennial Review analog Grade A contour with an modifications. proceeding, newspaper and media approach that approximates the c. Discussion owners proffered two principal outdated contour as closely as possible. arguments to support their position that The Commission proposes to prohibit (i) Policy Goals the Commission’s diversity goal no common ownership of a full-power 83. Background. In the NPRM, the longer justifies a prohibition on television station and a daily newspaper Commission tentatively affirmed the newspaper/broadcast cross-ownership. when: (1) The television station’s Commission’s past determinations that They argued, first, that ownership does community of license and the the NBCO rule promotes viewpoint not necessarily influence viewpoint newspaper’s community of publication diversity but is not necessary to advance and, second, that an array of diverse are in the same Nielsen DMA, and (2) its localism and competition goals. viewpoints is widely available from an the principal community contour (PCC) Consistent with previous Commission abundance of outlets, particularly via of the television station, as defined in findings, the Commission tentatively the Internet. Both of these arguments § 73.625 of the Commission’s rules, concluded that, although an absolute were addressed by the Commission in encompasses the entire community in ban is overly broad, some newspaper/ the 2002 and 2006 media ownership which the newspaper is published. broadcast cross-ownership restrictions reviews and by the Third Circuit in Second, the restriction would not continue to be necessary to protect and Prometheus I. The Third Circuit agreed include the four-factor test that all promote viewpoint diversity. The with the Commission that, although waiver applicants, even those entitled to Commission’s reasoning centered on these arguments provide an appropriate a favorable presumption, were required evidence that newspapers and local basis for relaxing the absolute ban on to satisfy under the 2006 rule. As television stations, and their affiliated newspaper/broadcast cross-ownership, discussed below, the Commission Web sites, are the primary sources that they do not mandate the removal of all

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restrictions on such combinations. The providers and consumers of news use unaffiliated online sources for local Commission seeks comment on the the Internet even more intensely. As the news and information. tentative conclusion that neither of Commission concluded in its 2002 and 89. Even Web sites unaffiliated with these arguments presents a reason for 2006 proceedings, the Commission newspapers and television stations often eliminating the NBCO rule in the 2014 believes the proliferation of media contain local news content that Quadrennial Review proceeding. outlets since 1975 may well render the originates from those traditional 86. The Commission does not believe absolute ban on newspaper/broadcast sources. The results of the Pew that the 2010 Quadrennial Review cross-ownership obsolete. Baltimore Study revealed new media’s record compels it to alter the earlier ‘‘limited role’’ in providing original conclusion that cross-ownership can 88. While the extent to which reporting. The Information Needs of diminish viewpoint diversity. For Americans turn to news Web sites Communities Report points to a number example, the authors of Media unaffiliated with traditional media may of studies demonstrating that ‘‘the Ownership Study 9 find that ownership be increasing, it appears that such growing number of web outlets relies on concentration may adversely affect sources have not supplanted print a relatively fixed, or declining, pool of viewpoint diversity and the quality of newspapers and local television original reporting provided by local news. The Commission finds that stations, and their affiliated Web sites, traditional media.’’ In addition, Media the results of Media Ownership Studies as the dominant providers of local news. Ownership Study 6 finds a dearth of 8A and 8B, suggesting that ownership As a threshold matter, online services independent Web sites with original structure does not have a marked impact and information are not available or not local news content. Commenters in the on viewpoint diversity, cannot serve as enjoyed at full capacity by many 2010 Quadrennial Review proceeding a basis for assessing the impact of the Americans due to disparities in tended to agree that most independent NBCO rule. The analysis in Media broadband availability and adoption online sources, particularly news Ownership Study 8B did not include rates. Furthermore, according to a recent aggregator Web sites, currently do not any variables pertaining to newspaper/ Pew Report on the State of the News provide a substitute for the original broadcast cross-ownership, and Media Media, ‘‘local TV remains America’s reporting by professional journalists Ownership Study 8A examined only most popular source of local news and associated with traditional local media. newspaper/television cross-ownership, information.’’ Commission staff reported Media Ownership Study 6 cautions that for which its data was particularly in the Information Needs of even the independent local Web sites limited. The 2008 Pritchard Study cited Communities Report that, on a typical that produce high-quality content are by Cox supports the proposition that day, 78 percent of Americans obtain not necessarily substitutes for cross-ownership does not diminish news from their local television station. traditional media outlets. The viewpoint diversity; however, its A recent trade association analysis Commission invites commenters to analysis includes only three cross- reportedly concluded that viewership of submit updated information or evidence ownership situations. The editorial local evening news broadcasts in the 10 regarding the prevalence of original restraint exhibited by media owners in largest markets exceeded the five local news content on Web sites the three markets Pritchard studied does highest rated cable news programs unaffiliated with traditional media not negate what Pritchard calls the combined by more than 430 percent. outlets. ‘‘theoretical power’’ of media owners to Although more consumers now turn to 90. At the current time and based on control viewpoint. Even if cross-media the Internet than to print newspapers for the record before the Commission, it tentatively finds that the record does not owners do not exercise that power news and information, newspapers support the conclusion that the impact frequently, the Commission believes it (both the print and online versions) are of the Internet has obviated the need for is important to restrict cross-ownership relied upon for the widest range of local cross-ownership restrictions. The NBCO of the dominant local news providers in news topics, and newspaper Web sites rule is intended to preserve access to a markets where viewpoint diversity is are the primary traditional source of insufficiently robust to withstand the variety of viewpoints on substantive local news for online consumers in the potential loss of an independently matters of local concern. The vast majority of large markets. In owned voice. The Commission seeks Commission tentatively finds that the addition, many local television stations comment on this view. diversity of local news coverage is not 87. With respect to the second have become ‘‘major online sources of enhanced by the fact that newspapers argument, opponents asserted that the news,’’ even surpassing the popularity from around the world are only a click rule cannot be justified on diversity of newspaper Web sites in a number of away. Remote access to hometown grounds because consumers today have local markets. The author of Media sports scores and local weather reports nearly ubiquitous access to a multitude Ownership Study 6 concludes that expands the availability, but not the of voices. The Commission believes that ‘‘[n]ewspapers and television stations diversity, of information. While the the media environment has changed dominate what local news can be found Commission tentatively agrees with dramatically since 1975 when the online.’’ The author found that only 17 Tribune that the presence of local and average American read one local print of the 1,074 local news Web sites he specialized Web sites ‘‘enriches the newspaper and watched one of three examined were unaffiliated with conversation,’’ the record in the 2010 evening newscasts in real time. Without traditional print or broadcast media. As Quadrennial Review proceeding does question, the Internet, MVPD services, the Commission described in the NPRM, not appear to demonstrate that most and other technological developments the results of Media Ownership Study 6 local, hyperlocal, and niche Web sites have profoundly changed the ways in are supported by data from other studies fill the role of local television stations which people access, consume, and demonstrating a consumer preference or daily newspapers. In addition, the share news and information. In its 2002 for Web sites affiliated with legacy studies that Tribune cited in support of and 2006 ownership decisions, the media. The Commission seeks comment its assertion that Americans increasingly Commission described the rapid on its assessment of the current record use the Internet to obtain election advancements in the media industry at and it invite commenters to provide any information concluded that television great length. Since then, those changes updated information or evidence remains the primary source for such have been compounded as both regarding consumer reliance on information among all Americans.

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Although the 2010 Quadrennial Review democracy through a ‘‘multiplicity of newspaper or the television station record does not appear to provide voices’’ justifies maintaining certain involved in a proposed merger is failed convincing evidence that the Internet NBCO restrictions even if doing so or failing. The Commission believes the eliminates entirely the need for cross- prevents some combinations that might risk that a common owner will ownership restrictions, the Commission create cost-savings and efficiencies in influence the viewpoint of a newly seeks comment on its tentative news production. Moreover, the acquired outlet is preferable to the assessment of the record. The Commission does not believe that the greater diversity harm of losing the Commission also seeks comment on elimination of the NBCO rule would outlet altogether. whether there have been any changes in necessarily result in benefits to 97. The Commission seeks comment, the Internet’s role in the current localism. The Commission seeks for purposes of the 2014 Quadrennial marketplace for local news and comment on whether a continued Review proceeding, on its tentative information that the Commission should restriction, with the modifications view, as described above and consistent consider in its 2014 Quadrennial described below, would minimize any with Commission precedent, that the Review. potential effects on localism while NBCO rule is not necessary to promote preserving and promoting viewpoint localism and competition goals but that (ii) Localism diversity. some form of cross-ownership 91. The evidence in the 2010 restriction remains necessary to Quadrennial Review record does not (iii) Competition preserve and promote viewpoint appear to negate the basic proposition 94. Traditionally, the Commission diversity in local markets. that newspaper/broadcast cross- does not evaluate the NBCO rule in ownership may enable commonly terms of its competition goal because it (ii) Newspaper/Radio Cross-Ownership owned properties to produce and has found that newspapers and 98. Background. In the NPRM, the disseminate more and sometimes better broadcast stations do not compete in the Commission sought comment on local news. As acknowledged in the same product market. However, some whether it should eliminate the part of NPRM, the Commission has found that commenters in the 2010 Quadrennial the NBCO rule that applies to cross-ownership may produce such Review proceeding expressed concerns newspaper/radio combinations. The benefits to localism. The Commission about the impact of the NBCO rule on Commission tentatively concluded that recognizes that localism benefits are not competition more generally. Other radio stations are not the primary guaranteed, however. The Commission commenters disputed these concerns. outlets that contribute to viewpoint sought comment in the NPRM not only 95. Although the Commission shares diversity in local markets and that a on the benefits of cross-ownership the concerns of many Americans about substantial amount of news and talk generally, but also specifically on how the future of the newspaper industry, show programming on radio stations is to weigh the finding in Media the Commission agrees with certain nationally syndicated, rather than Ownership Study 4 that an increased commenters that it would be locally produced. The Commission’s amount of local news on a cross-owned inappropriate to relax the NBCO rule on preliminary view was that radio stations television station does not necessarily the ground that newspapers are are not a primary source that consumers translate into more local news at the struggling to reinvent a successful turn to for local news and information market level. The author of the study business model. The Commission and that, rather, consumers in markets theorized that cross-owned stations may maintains that the pertinent issue for of all sizes rely most heavily on other tend to ‘‘crowd out’’ the news this part of its analysis is whether the types of news outlets for local news and production of other stations. NBCO rule is necessary to promote information. The Commission asked 92. The author of Media Ownership competition between newspapers and whether newspaper/radio cross- Study 4 cautions that the result showing broadcast stations. The Commission ownership would promote localism and less local news in markets with already has determined that it is not. provide financially struggling newspaper/broadcast cross-ownership is The Commission does not believe it newspapers and radio stations the ‘‘imprecisely measured and not could justify jeopardizing viewpoint opportunity to become vital participants statistically different from zero.’’ Given diversity in local markets based on in the news and information that disclaimer, and the disputed assertions that the rule limits marketplace. In addition, the evidence in the 2010 Quadrennial opportunities for traditional media Commission asked whether it should Review record, the Commission owners to increase revenue. substitute Arbitron market definitions proposes not to accord much weight to Nonetheless, given that the revisions to for radio contours to determine when the study’s finding that the amount of the NBCO rule considered below would the NBCO rule is triggered for local news at the market level may be narrow its application, the Commission newspaper/radio combinations and negatively correlated with newspaper/ seeks comment on the extent to which whether existing combinations broadcast cross-ownership. Despite the such revisions would mitigate any implicated by a rule change should be criticisms of the methodology used in unintended harms. grandfathered. The Commission invites Media Ownership Study 4, the 96. Despite the bleak outlook for further comment also on these issues. Commission thinks it reasonable to newspapers’ print revenues, there have 99. Discussion. The Commission seeks accept the premise that such cross- been some encouraging signs that further comment on whether the ownership may result in a greater traditional media are finding new ways restriction on newspaper/radio cross- amount of local news production by the to monetize their content. The ownership should be eliminated from cross-owned properties based on other Commission recognizes that the the NBCO rule. The Commission seeks record evidence. The Commission is adjustments needed to survive this comment on the Commission’s tentative aware, however, that such an outcome transition period may pose conclusions that radio stations are not is not assured and depends in part on insurmountable challenges for some the primary outlets that contribute to the owner’s commitment to disseminate owners. Accordingly, as discussed viewpoint diversity in local markets and local news. below, the Commission proposes to that consumers rely predominantly on 93. The Commission believes the include an exception to the cross- other outlets for local news and nation’s interest in maintaining a robust ownership restriction when either the information. Several commenters in the

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2010 Quadrennial Review proceeding play a dominant role in promoting assertions. Further, the Commission referenced the fact that promoting viewpoint diversity. That year, while seeks comment on to what extent, if viewpoint diversity has been the seeking comment on proposals that led any, its decisions regarding the Commission’s lone justification for to the adoption of the NBCO rule, the newspaper/radio cross-ownership rule retaining the restriction. As discussed Commission identified as its foremost and radio/television cross-ownership above, the Commission has found concern the common control of rule, discussed below, should align repeatedly that the restriction does not television stations and newspapers and given that the basis of its analysis for promote its localism or competition noted the significant decline in the both rules may rest primarily on the goals, and the Commission tentatively number of people relying primarily on contributions of radio to viewpoint reaffirms those findings. Therefore, the radio for local news. Even as it adopted diversity. Commission tentatively agrees with the NBCO rule in 1975, the Commission 103. Finally, the Commission notes several commenters that if the rule were recognized that ‘‘a radio station cannot that earlier this year MMTC submitted no longer necessary to support the be considered the equal of either the a study examining the issue of cross- Commission’s viewpoint diversity paper or the television station in any owned media properties in a market. policy, then the newspaper/radio cross- sense, least of all in terms of being a According to MMTC, the study ownership restriction would be left source for news or for being the medium indicated that cross-ownership does not without a public interest rationale. turned to for discussion of matters of have a disparate impact on minority and Under Section 202(h) of the 1996 Act, local concern.’’ The Commission, female broadcast owners. As discussed the Commission must repeal or modify nevertheless, included newspaper/radio further below, the Commission asks any media ownership regulations that combinations within the NBCO commenters to provide any no longer serve the public interest. prohibition ‘‘to encourage still greater demonstrable evidence of such a link Accordingly, it seeks comment on diversity’’ because ‘‘even a smaller gain that may have become available since whether the newspaper/radio cross- is worth pursuing.’’ Since 1975, the the MMTC Cross-Ownership Study. ownership restriction advances its Commission repeatedly has (iii) Newspaper/Television Cross- interest in promoting viewpoint acknowledged radio’s lesser Ownership Rule diversity or whether the Commission contributions to viewpoint diversity. should eliminate the restriction and For example, the Commission stated in (i) Case-by-Case Waiver Approach permit common ownership of its 2002 media ownership review that 104. Background. In the NPRM, the newspapers and radio stations in all ‘‘broadcast radio generally has less of an Commission tentatively concluded that markets, within the prescribed limits of impact on local diversity than broadcast it should reinstate a simplified version the local radio ownership rule. television.’’ In its 2006 review, it 100. Evidence from the Information of the 2006 rule’s framework generally observed that ‘‘radio is a significantly prohibiting newspaper/broadcast cross- Needs of Communities Report shows less important source of news and that consumers’ reliance on radio news ownership but granting waiver requests information than newspapers or on a case-by-case basis, using has declined steadily over the past two television.’’ The Commission seeks decades. From 1991 to 2010, the number presumptive guidelines, when the comment on whether in today’s proposed merger would not unduly of people reporting that they listened to marketplace the link between the some news on the radio dropped from harm viewpoint diversity in the local newspaper/radio cross-ownership market. The Commission sought 54 percent to 34 percent. Of the restriction and the Commission’s goal of approximately 11,000 commercial radio comment on whether, alternatively, it promoting viewpoint diversity has stations in the country, only 30 are all- should adopt a bright-line rule allowing become too tenuous to support the rule news radio stations, a reduction from mergers for newspaper/broadcast under Section 202(h). the mid-1980s when there were 50 such combinations in the top 20 DMAs in stations. Although a small number of 102. The Commission invites those situations where a waiver request commercial all-news radio stations in commenters to augment the record with would have been given a favorable the nation’s largest markets are very any information or evidence regarding presumption under a case-by-case successful, radio stations in most cities any impact on diversity in the local approach. The Commission noted that a do not provide much local journalism. radio markets. The Commission notes bright-line rule for such newspaper/ One finding showed that in 2007 more that Media Ownership Study 5 suggests broadcast combinations would conserve than 40 percent of radio stations carried that eliminating the restriction would be resources and promote certainty but that news programming produced remotely unlikely to affect either radio news a case-by-case approach would afford by a commonly owned station outside variety or listening, given its finding greater flexibility to account for the the local market. Typically, only one that newspaper/radio cross-ownership specific circumstances of a proposed employee is involved in news output at is not correlated with either of those merger. a median-sized radio station. Although metrics. The Commission seeks 105. Discussion. Although further the news-talk radio format has exploded comment on this finding. Moreover, comment on the issue is welcome, the in popularity, it has done little for several commenters claimed that lifting Commission does not propose to adopt traditional local radio news. Eighty-six the newspaper/radio cross-ownership a bright-line rule allowing newspaper/ percent of programming on news-talk restriction would revitalize local news television combinations, even under stations is nationally syndicated, rather on radio stations and would provide narrowly prescribed circumstances. The than locally produced. The Commission struggling newspapers with a broader Commission noted in the NPRM that a invites commenters to provide any new base of financial support and an bright-line rule permitting certain data on these subjects that would be increased ability to reach audiences. newspaper/broadcast combinations in useful for the 2014 Quadrennial Review. Although the Commission would not the top 20 DMAs might promote 101. In seeking comment on the decide to eliminate the restriction based consistency and certainty in the elimination of the newspaper/radio on those projected outcomes, it would marketplace and reduce the need for a cross-ownership restriction, the welcome the accrual of any such potentially costly waiver process. The Commission notes that it has recognized incidental benefits and it seeks Commission recognizes that, under since at least 1970 that radio does not comment on such commenters’ certain conditions, the largest markets

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may be able to accommodate a limited option to file a petition to deny a proposed merger would not diminish amount of consolidation without broadcast license transfer and viewpoint diversity, and thus would be impairing viewpoint diversity. The assignment application involving an in the public interest. Similarly, Commission also is aware that bright- NBCO combination. However, with opponents of a transaction could offer a line rules are more likely to produce respect to any newspaper purchases by range of arguments and evidence predictable and consistent outcomes in broadcast owners that would be concerning the unique characteristics of an expeditious and less costly manner permitted under a bright-line rule, a transaction that weigh against the than rules that incorporate a waiver would-be petitioners would not have an grant of that particular application. This process, which is inherently more opportunity to oppose the newspaper approach could offer the Commission uncertain. The Commission is purchase because there would be no maximum flexibility and discretion in concerned, however, that a bright-line transfer application involved. A case-by- each case to decide whether a waiver rule is too blunt an instrument to be case waiver approach would resolve would serve the public interest. Such a used for allowing newspaper/television that issue as every proposed newspaper/ potentially broad inquiry would avoid a cross-ownership, no matter how limited. television combination would require formulaic approach, which may not For example, allowing certain Commission approval. To that end, the always adequately measure an combinations only in the top-20 DMAs Commission seeks comment on imprecise quality like viewpoint could foreclose merger opportunities in whether, to enable a timely public diversity. On the other hand, a pure smaller markets where viewpoint response to a merger involving a case-by-case approach might not diversity is sufficiently robust. newspaper purchase by a television promote consistency and certainty in Conversely, such a bright-line rule licensee, it should require the station to the marketplace and could impose might permit a combination in a top-20 file its waiver request prior to a additional burdens or costs on the DMA that would harm the public newspaper acquisition, rather than at applicants, petitioners, or Commission. interest. the time of the station’s license renewal, The Commission seeks comment on the 106. The Commission tentatively and should require Commission staff to pros and cons, costs and benefits of concludes, therefore, that a general place such waiver requests on public evaluating waiver requests on the prohibition on newspaper/television notice. Under the Commission’s current individualized merits of each particular combinations in all markets is the practice, if a television licensee case without relying on presumptive appropriate starting point when purchases a newspaper that triggers the guidelines or established criteria. considering the impact of newspaper/ NBCO rule, then, absent a waiver, it 109. If the Commission were to adopt television cross-ownership on must dispose of its station within one a case-by-case approach to waiver viewpoint diversity. It believes the 2010 year or by the time of its next renewal Quadrennial Review record supports applications, it seeks comment on date, whichever is longer. Alternatively, whether, and if so how, the approach this view. The Commission recognizes, it can seek a waiver of the rule in however, that particular combinations should differ from the Commission’s conjunction with its license renewal, at traditional waiver standard under might be shown to be consistent with its which point interested parties are free to diversity goal, and so it proposes to Commission rules. Further, it seeks comment on the waiver request. As a comment on whether a case-by-case entertain waiver requests. A waiver result, the opportunity to comment on a process would enable the Commission approach should incorporate, or television station’s acquisition of a disavow, the criteria for waiver set forth to examine proposed mergers on a case- newspaper may not occur until many by-case basis to determine the likely when the NBCO rule was adopted in years after consummation of the effects on the affected market. Because 1975, and which are currently in effect. purchase. The Commission therefore the Commission would have the At the time of adoption, the seeks comment on requiring television flexibility to evaluate the particular Commission ‘‘contemplated waivers in licensees to file waiver requests prior to circumstances of a newspaper/television four situations: (1) Where there is an a newspaper acquisition in order to combination, it could tailor its decision inability to dispose of an interest to facilitate the public’s timely accordingly. conform to the rules; (2) where the only 107. The Commission believes that a participation. What are the benefits of possible sale is at an artificially case-by-case waiver approach would this approach and what burdens, if any, depressed price; (3) where separate produce sensible outcomes and also would it impose on the applicants? ownership of the newspaper and station improve transparency and public Would the potential benefits outweigh cannot be supported in the locality; and participation in the process. Such an any burdens? (4) where the purposes of the rule approach would afford interested 108. Pure Case-by-Case Approach. would not be served by divestiture.’’ parties the opportunity to comment on The Commission also request comment Has the application of these criteria a proposed newspaper/television on what type of waiver process would historically been useful to the industry, combination because the parties to the enable it to identify any acceptable the public, or the Commission in transaction would be required to seek a newspaper/television combinations evaluating transactions? Have they waiver of the Commission’s rules most accurately and effectively. The tended to create an insurmountable bar regardless of whether the transaction Commission could implement a pure to the grant of applications or inhibited involved the transfer of a broadcast case-by-case approach that evaluates the industry participants from considering license. A newspaper owner seeking to totality of the circumstances for each transactions? Or do the conditions obtain a television station license would individual transaction, considering each provide a loophole to the existing ban? need to seek a waiver of a newspaper/ waiver request anew without measuring Do the specific criteria add value to the television cross-ownership rule as part it against a set of defined criteria or standard included in the Commission’s of its application for assignment of awarding the applicant an automatic rules? Should different criteria be license or transfer of control. In presumption based on a prima facie enunciated, for instance including any considering a bright-line rule approach, showing of particular elements. The or all of the elements that are described the NPRM indicated that an opponent of Commission would not require any as possible presumptions as described a transaction permitted under a bright- particular type of evidence to support a below? The Commission seeks comment line rule would continue to have the waiver applicant’s showing that the on these issues.

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110. Case-by-Case Approach with when the Grade A contour of the station to be met in order for the cross- Presumptions. In addition, the encompasses the entire community in ownership prohibition to be triggered. Commission seeks comment on an which the newspaper is published. The The DMA requirement would ensure approach whereby the Commission Commission tentatively concludes that that the newspaper and television would ascribe a favorable presumption the rule should be updated to reflect the station both serve the same economic to certain waiver applicants in the top- fact that, since the transition to digital market, while the contour requirement 20 DMAs and a negative presumption to television service, full-power television would ensure that they actually reach all other waiver applicants. As stations no longer have analog Grade A the same communities and consumers described below, the Commission seeks contours. In the NPRM, the Commission within that larger geographic market. comment on requiring as conditions for sought comment on whether it should Further, if a newspaper’s community of a favorable presumption that: (1) The modify the rule so that the cross- publication is located in a different proposed merger does not involve a ownership prohibition is triggered when DMA than the television station, then television station ranked among the top- a daily newspaper and a television the station likely does not primarily four television stations in the DMA and station are located in the same Nielsen serve the community of publication, (2) at least eight major media voices DMA. It asked what the impact of the despite the fact that the over-the-air remain in the DMA following the change would be, and in particular signal reaches that community. The transaction. In the 2010 Quadrennial whether many more newspaper/ Commission notes further, that a Review proceeding, NAA warned that television combinations would be television station is not entitled to opportunities for acquisition and implicated under a DMA-based carriage on cable or satellite television investment are stifled by the regulatory approach than under a contour-based systems outside its DMA, and thus uncertainty and delay associated with approach. The Commission’s would not be entitled to carriage in the even a straightforward waiver request preliminary view was that DMA market newspaper’s out-of-market community entitled to a favorable presumption. definitions would reflect newspaper of publication. The Commission CRT called the NBCO waiver provision circulation and television viewing areas acknowledges that such an approach ‘‘convoluted,’’ and Tribune claimed that more accurately than the current could permit combinations that would the use of presumptions creates approach. be prohibited under a contour-only ‘‘uncertainty, additional cost and 112. The Commission proposed to approach; however, it believes that the prejudice.’’ Nevertheless, presumptive grandfather ownership of existing number of instances where a station’s guidelines would provide waiver newspaper/television combinations that PCC encompasses a newspaper’s applicants a greater degree of would be in violation of the NBCO rule community of publication not located in predictability than under a pure case- as a result of shifting to a DMA-based the same DMA would be limited. The by-case approach while still affording approach. It tentatively concluded that Commission seeks comment on this the Commission some flexibility to take requiring divestiture would be approach and notes that, if adopted, it into account the particular disruptive to the industry and a would apply irrespective of how the circumstances of a proposed merger. hardship for the individual owners. In Commission decides to evaluate Newspaper and television station addition, it sought comment on whether requests for waiver of the prohibition. owners could make more informed grandfathered combinations should be 114. The PCC is a digital contour that decisions about whether to expend the freely transferable in perpetuity. ensures reliable service for the time and resources to pursue a merger. 113. Discussion. Based on the 2010 community of license. Commission Presumptive guidelines would not Quadrennial Review record, including rules already define the PCC, and it can prevent a waiver applicant from the responses of many newspaper and be verified in a straightforward manner submitting whatever evidence it deemed broadcast owners, the Commission if a dispute arose concerning the reach useful and would not constrain the proposes to adopt an approach that uses of the NBCO rule. Commission’s decision-making both DMAs and contours. Newspaper 115. In the Notice of Inquiry (75 FR discretion. However, by providing and broadcast owners argued that, 33227, June 11, 2010, FCC 10–92, rel. direction regarding what showings to because DMAs can be much larger in May 25, 2010) (NOI), the Commission make, presumptive guidelines could size than the former Grade A contour explained that it has defined one other save a waiver applicant time and money areas, the NPRM’s proposed DMA-based digital television service contour, the and improve its chances for a successful approach would expand the reach of the digital NLSC. However, the NLSC is outcome in warranted circumstances. rule too broadly. Several commenters roughly equivalent to the former analog On the other hand, the presumptions asserted that the approach proposed in Grade B service contour and could lead to unintended consequences the NPRM could prohibit cross- approximates the same probability of in specific situations, such as ownership when there is no overlap service as that contour, which reaches a recommending denial of an application between the community in which a broader geographic area than the Grade that could benefit the public interest as newspaper is published and the primary A service contour. For that reason, the a result of the specific characteristics of service area of a broadcast station. To Commission does not believe the NLSC the transaction and local market or the avoid that possibility, the Commission would be an appropriate contour to use grant of an application that would not. proposes to prohibit cross-ownership of in conjunction with the NBCO rule. The Commission seeks comment on the a full-power television station and a When the Commission initially adopted pros and cons, costs and benefits of daily newspaper when: (1) The the NBCO rule, it deliberately chose the adopting a case-by-case approach that community of license of the television smaller Grade A contour to define the includes presumptions and the trade- station and the community of rule’s boundaries. The Commission offs involved as compared to the pure publication of the newspaper are in the seeks comment on its preference not to case-by-case approach. same Nielsen DMA, and (2) the PCC of adopt the NLSC. the television station, as defined in 116. The Commission recognized in (ii) The Scope of the Rule Section 73.625 of the Commission’s the NOI that because the PCC is larger 111. Background. The current rule rules, encompasses the entire than the Grade A contour, its use could prohibits common ownership of a daily community in which the newspaper is result in a more restrictive NBCO rule. newspaper and a television station published. Both conditions would need The Commission’s proposed approach,

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however, would be less restrictive than a newspaper is not widely circulated in Quadrennial Review Order, the its initial proposal to rely solely on the the larger DMA despite its influence in Commission would allow all DMA market definition to trigger the its own community of publication. In grandfathered combinations or cross-ownership prohibition. In addition, the Commission is not permanent waivers from the prior rule addition, the Commission has examined inclined to adopt Cox’s suggestion to that previously have been granted to size differentials between the PCC and impose a minimum circulation continue in effect under the rule the former Grade A contour for various requirement within the television ultimately adopted, to the extent that categories of television stations, station’s community of license. Under such grandfathering/permanent waivers specifically, high-VHF, low-VHF, and the vacated 2006 rule, a newspaper was would still be necessary to permit UHF stations. While the PCC is slightly not deemed a ‘‘major media voice’’ for common ownership. larger than the Grade A contour, the purposes of the rule’s eight voices test (iii) Market Tiers Commission seeks comment on its belief unless it had a circulation exceeding that the size differentials are not so great five percent of the households within 120. Background. In the NPRM, the as to have a meaningful impact in terms the DMA. Different definitions may Commission proposed to differentiate of the proposed rule’s applicability. serve different purposes, however, and between markets ranked among the top 117. Furthermore, the Commission the Commission seeks comment on 20 DMAs and markets below the top 20 believes the PCC would be preferable to whether the current requirement that a DMAs for purposes of determining the other suggestions commenters daily newspaper be published at least whether a waiver request is entitled to offered. NAA proposed that the four days a week, in the dominant a favorable presumption under the Commission simulate a digital Grade A language in the market, and circulated approach discussed in the NPRM. The contour by applying to a station’s NLSC generally in its community of Commission proposed a top-20 the propagation and implementation publication is sufficient to ensure the demarcation point for newspaper margin factor it established for cable significance of the newspaper for combinations involving either television carriage of digital broadcast stations purposes of triggering the rule, thereby or radio stations. The Commission’s (i.e., 20dB). NAA asserted that the obviating specification of a minimum proposal to lift the restriction on resulting simulated contour would be circulation amount or modification of newspaper/radio cross-ownership appropriate because the Commission the area of consideration. The would render moot the delineation of developed the 20dB measurement using Commission previously has determined market tiers for such combinations. The Commission seeks comment, however, ‘‘Grade A-type signal quality factors.’’ that newspapers with these on whether a top-20 demarcation point The Commission believes that using a characteristics are significant enough to should apply to newspaper/radio measurement based on the signal come within the scope of the NBCO combinations in the event it retains a quality required for cable carriage rule, and commenters in the 2010 restriction on such combinations. would impose too strict a standard for Quadrennial Review record proceeding Consistent with its findings in the 2006 purposes of the NBCO rule because it have not provided evidence that a less Quadrennial Review Order, the would exclude parts of the coverage restrictive definition would be sufficient Commission’s preliminary view was area that reliably receive the television to protect viewpoint diversity. signal. A.H. Belo and CRT suggested that the top 20 DMAs are notably that the Commission add a mileage 119. The Commission seeks comment different from other markets, both in qualifier to the DMA measurement. on the tentative conclusion that, to the terms of voices and in terms of A.H. Belo and CRT, however, did not extent that an existing newspaper/ television and radio households. The specify what mileage the qualifier television combination would become Commission tentatively concluded that, should be or explain how the newly non-compliant as a result of its based on the range of media outlets Commission could develop a mileage proposed modification of the NBCO available in the top 20 DMAs, viewpoint qualifier that would be meaningful. The rule, the Commission should diversity in those largest markets is Commission seeks comment on its view grandfather such combinations in order healthy and vibrant in comparison to that using the PCC would be the to avoid market disruption and to avoid other DMAs. It sought comment on its superior approach. penalizing licensees for the switch from tentative conclusion that the viewpoint 118. The Commission is not inclined an analog contour to a digital contour. diversity level in the 20 largest DMAs is to adopt the suggestion of A.H. Belo and The Commission believes that sufficient to consider adopting a CRT to limit the application of the incorporating the PCC into the rule regulatory framework that would NBCO rule to ‘‘major’’ daily newspapers would limit the number of existing accommodate a limited amount of having a circulation exceeding 5 percent newspaper/television combinations that newspaper/broadcast cross-ownership of the DMA’s households. Cox similarly would fall in this category. Consistent in those markets. It also sought argued that the NBCO rule should not with existing precedent, the comment on its continued belief that be triggered unless the newspaper’s Commission does not believe markets below the top 20 DMAs circulation exceeds 5 percent of the grandfathered combinations should be generally cannot accommodate such households in the television station’s transferrable. The Commission seeks cross-ownership absent particular community of license. The Commission comment on its view that any future circumstances warranting a waiver. In seeks comment on whether there are transfer of a grandfathered combination addition, it asked whether a different any reasons to change the current should comply with the applicable demarcation point would more definition, which states that ‘‘a daily ownership rules, including the NBCO effectively protect and promote its goals. newspaper is one which is published rule, in place at the time the transfer of 121. Discussion. In the event it were four or more days per week, which is in control or assignment application is to adopt a waiver standard with the dominant language in the market, filed. The Commission does not intend presumptive guidelines, the and which is circulated generally in the to upset any filing deadlines it has Commission seeks further comment on community of publication.’’ The previously imposed on specific parties whether to grant a favorable Commission notes that the newspaper related to cross-ownership proceedings. presumption to waiver requests seeking definition suggested by A.H. Belo and In addition, consistent with the approval for a merger in a top-20 DMA CRT could fail to trigger the rule when Commission’s decision in the 2006 where certain conditions are met and to

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ascribe a negative presumption to markets, on average, have 15 that produce and distribute local news waiver requests involving mergers in the independently owned television and information programming, other remaining DMAs. As described below, stations and major newspapers and than the combining properties, remain the Commission also seeks comment on approximately 2.6 million television in the market post-transaction. The whether waiver requests for proposed households. By comparison, DMAs 21 Commission seeks comment on Cox’s newspaper/television combinations through 30 have on average nine major suggestion. For the reasons explained within the top-20 DMAs should be media voices and fewer than 1.2 million below in connection with the eight- entitled to a favorable presumption only television households, representing voices restriction, the Commission if the television station were not ranked drops of 37 percent and 56 percent from believes that the first part of Cox’s among the top-four television stations the top 20 markets, respectively. DMAs proposed test would define independent within the DMA and there would be at 31 through 50 have average numbers of media voices too broadly. As to the least eight independently owned and voices for each category similar to second part of Cox’s proposed test, the operated major media voices remaining markets 21 through 30, but a lower Commission believes it would be in the DMA post-transaction. It seeks number of television households difficult to apply and enforce an comment on the impact of such an averaging 795,000. DMAs 51 through objective, content-neutral standard of approach on viewpoint diversity, 210 show even more dramatic drops, what constitutes an independent media particularly in the 20 largest DMAs, and with, on average, fewer than seven voice that produces and distributes local on how any such presumptive waiver major media voices and approximately news and information programming. standard would work. The Commission 240,000 television households, Moreover, nothing in the Cox proposal tentatively concludes that any such rule representing drops of 54 percent and 91 provided specific evidentiary support should create a favorable presumption percent from the top 20 DMAs, that relates the standard specifically to for waiver requests only in cases where respectively. newspaper/television combinations. 123. Several commenters in the 2010 the proposed combination consists of a (iv) Top-Four Restriction single television station and single daily Quadrennial Review proceeding newspaper, as described above, and not contended that many lower-ranked 125. Background. Consistent with the in cases where the common ownership DMAs are abundantly diverse. The 2006 NBCO rule, the Commission is proposed to include a television Commission emphasizes that any proposed in the NPRM that newspaper/ duopoly, regardless of whether a presumptions would provide merely a television combinations involving a television station ranked among the top- duopoly is permitted under the local starting point for the analysis of the four television stations in the DMA television ownership rule. The likely impact of a proposed merger on would not be entitled to a favorable Commission seeks comment on this a particular market. A presumption presumption. The Commission tentative conclusion. For each element could be overcome if the weight of the proposed that television rankings be it proposes to include in a presumptive evidence favors the party with the based on the most recent all-day (i.e., waiver standard, it seeks comment on burden of proof. Waiver applicants in 9:00 a.m. to midnight) audience share, its usefulness and the costs and benefits smaller markets would not be precluded as measured by Nielsen or another of its inclusion. from demonstrating that a proposed merger would create efficiencies that comparable professional, accepted 122. Some commenters in the 2010 would serve the public interest without audience ratings service. Quadrennial Review proceeding harming viewpoint diversity in the local 126. The Commission’s preliminary asserted that differentiating the 20 market. view was that ‘‘allowing a top-four largest DMAs from smaller markets 124. None of the commenters station to merge with a daily newspaper would be arbitrary and capricious. On specified an alternative demarcation would create the greatest risk of losing the other hand, there is evidence point, but a few commenters argued that an independent voice in that market.’’ supporting such a distinction. The the same standard should apply to all, Based on the Commission’s data greater demographic diversity found or the majority of, markets. For example, analysis, the amount of local news more frequently within larger Cox proposed a two-part test that it drops significantly between the fourth- populations is more likely to generate argued should apply to NBCO waiver and fifth-ranked stations. The most demand for a wider range of viewpoints. requests in all markets. The first part of dramatic difference occurs in larger The larger populations of the top-20 the test, Cox claimed, would protect markets, where the fifth-ranked station DMAs may also be better able to provide viewpoint diversity by requiring that 20 generally provides no more than half the the economic base to support a greater independent media voices remain in the amount of local news aired on the number of media outlets. Indeed, market following a proposed fourth-ranked station. The Commission evidence demonstrates a greater level of combination, which could include a sought comment on whether a different media diversity in the 20 largest DMAs newspaper and any broadcast properties limit would be more appropriate, such that distinguishes those markets from that would be permitted under the local as a top-five or top-six restriction. It also the remaining DMAs. Data show that, ownership rules. Cox proposed that asked if the restriction should depend while there are at least 10 independent media voices include on whether the station is affiliated with independently owned, commercial independently owned daily one of the four major broadcast television stations in 14 of the top 20 newspapers, full-power television networks, given evidence that such DMAs, none of the DMAs ranked 21 stations, full-power radio stations, cable stations tend to air more local news. through 25 has more than seven and satellite television services (counted 127. Discussion. If the Commission independently owned, commercial as one voice), and the Internet (counted were to adopt a waiver standard with television stations. Additionally, while as one voice). As Cox stated, the presumptive guidelines, it would not 10 of the top 20 DMAs have at least two diversity prong of its proposed test was provide a favorable presumption for newspapers with a circulation of at least patterned in part after the radio/ newspaper/television combinations 5 percent of the households in that television cross-ownership rule. The involving a television station ranked DMA, four of the five DMAs ranked 21 second part of Cox’s test, intended to among the top-four television stations in through 25 have only one such preserve localism, would require that at the DMA. The Commission would newspaper. Moreover, the top 20 least three independent media voices continue to determine a television

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station’s ranking in accordance with struggling newspapers need. It further Commission believes it should continue Section 73.3555(d)(3)(i) of the asserted that the rationale for the top- to define major media voices as full- Commission’s rules. As stated in the four restriction within the context of the power television broadcast stations and NPRM, evidence shows that the top-four local television rule—to preserve newspapers that are published at least television stations in a DMA generally competition among the strongest four days a week within the DMA in the air more local news and information television stations—is inapplicable to dominant language of the market and than the other television stations in the the NBCO rule. The Commission’s have a circulation exceeding 5 percent market, particularly in the larger DMAs. primary intent, however, in considering of the households in the DMA. None of The Commission seeks comment on its whether to retain the top-four the commenters in the 2010 tentative conclusion that viewpoint component of the NBCO rule, if Quadrennial Review proceeding diversity in even the largest markets amended, is to protect viewpoint addressed the impact of removing the could be harmed if a top-ranked diversity, not to save struggling eight-voices test from a presumptive television station merged with a daily newspapers or to promote competition. waiver standard or recommended an newspaper within the same DMA. The Commission seeks comment on its alternative voices test for the top-20 Therefore, regardless of the DMA’s size, position with respect to these assertions. DMAs. Notwithstanding the supposition the Commission believes that a 130. Finally, Fox claimed that a top- in the NPRM that the eight-voices test proposed combination involving a top- four restriction would violate the First may not have an impact in the top-20 four television station would be Amendment because it would preclude DMAs currently, if the Commission inconsistent with the public interest. a speaker from acquiring additional decides to adopt a presumptive waiver The Commission invites commenters to outlets based on the popularity of the standard, then it proposes to retain the provide any new information or speaker’s content. The Commission test as the more cautious approach and evidence that the Commission should disagrees. As the U.S. Supreme Court to protect viewpoint diversity in the take into consideration regarding this stated, assuring ‘‘access to a multiplicity event that media diversity in a top-20 issue. of information sources . . . promotes DMA drops to the point where the test 128. The Commission disagrees with values central to the First Amendment.’’ would become a critical factor in those commenters who contend that the The Commission also disagrees with promoting that goal. The Commission rationale for allowing cross-ownership Fox’s assertion that such a restriction included the eight-voices test in the in the top 20 markets would also would be content-based. Rather, the 2006 waiver standard to prevent ‘‘a support not having a top-four Commission believes the top-four significant decrease in the number of restriction. The Commission’s analysis restriction would operate on the independently owned major media of this rule hinges not on whether it content-neutral basis of market ranking. voices’’ in the top-20 DMAs, and it should be relaxed to enhance It notes that, within the context of the seeks comment on whether it should efficiencies that could promote local television rule, the Third Circuit incorporate the test for the same reason localism, but on whether some form of upheld the top-four restriction as a if it adopts a presumptive waiver the rule remains necessary to promote reasonable limit on market power. standard. viewpoint diversity. Although the (v) Eight Major Media Voices Restriction Commission would hope that any 133. Some commenters recommended permitted combinations under a revised 131. Background. The Commission that the Commission expand the rule would generate localism benefits, proposed that transactions that would definition of major media voices beyond the NBCO rule is designed to protect leave fewer than eight independently full-power commercial and viewpoint diversity. Under the owned and operating ‘‘major media noncommercial television stations and presumptive waiver standard the voices’’ in the DMA would not be major newspapers. For example, Cox Commission seeks comment on today, entitled to a favorable presumption urged the Commission to include in the waiver applicants in the top-20 DMAs under a presumptive waiver standard. definition full-power radio stations, would be entitled to a favorable Major media voices were defined in the cable and satellite television services presumption on the theory that 2006 Quadrennial Review Order as full- (counted as one voice), and the Internet permitting certain newspaper/television power commercial and noncommercial (counted as one voice). Cox argued that combinations in those markets would television stations and major its approach would resemble the not likely harm viewpoint diversity. newspapers. The Commission sought definition used for the radio/television Allowing the combination of a comment on the potential impact of cross-ownership rule. Referencing the newspaper and a top-four station, eliminating this voices test given its local television rule, Tribune asserted however, could potentially harm analysis that eight major media voices that a voices test should include radio viewpoint diversity precisely because would remain in each of the top-20 stations, cable and satellite news the top-four television stations typically DMAs even if all daily newspapers in channels, weekly newspapers, and provide the most local news among those markets combined with television independent Web sites with news and television stations. A combination with stations. The Commission also asked local information. The Commission’s one of those stations thus could result whether requiring a different number of view is that neither of these in a diminution of viewpoint diversity, voices would protect its diversity goal comparisons should persuade it to and therefore the Commission believes more effectively. expand its definition: This Further that a waiver request involving such a 132. Discussion. Were the Notice of Proposed Rulemaking seeks station should not be entitled to a Commission to adopt the presumptive comment on repealing the radio/ favorable presumption. The waiver standard on which it seeks television cross-ownership rule, and Commission seeks comment on this comment, the Commission proposes to only television stations count toward proposition. ascribe a negative presumption to the minimum number of remaining 129. Other arguments also sidestep waiver requests for newspaper/ media outlets required under the local the diversity rationale. Tribune television combinations in the top-20 television rule. In addition, the contended that combining with one of DMAs if fewer than eight major media Commission is disinclined to agree with the market’s weaker television stations voices would remain in the DMA NAA that the definition should include may not provide the lifeline that many following the proposed merger. The any media outlet that ‘‘contribute[s]

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meaningfully to local news diversity,’’ the factors were overly subjective or NBCO rule by linking its requirements the determination of which would likely to create unnecessary delay. The to its purpose. depend on the type of media outlet Commission also asked whether, if the (vii) Overcoming the Negative under consideration. For practical and four-factor test were excluded from the Presumption legal reasons, the Commission believes rule, the presumptions in favor of or it unwise to engage in the kind of against a transaction should create a 139. Background. In the NPRM, the subjective, content-based assessment prima facie case, which would shift the Commission sought comment on that such a standard likely would entail. burden of proof to the party seeking to whether to retain the criteria required The Commission seeks comment on overcome the presumption. by the 2006 Quadrennial Review Order these views. 137. Discussion. The Commission to overcome a negative presumption. 134. The Commission tentatively proposes not to include the four-factor Under the 2006 rule, a waiver applicant concludes that, for purposes of any test in any newspaper/television cross- could overcome a negative presumption newspaper/television cross-ownership ownership rule that it ultimately may by demonstrating, with clear and rule that the Commission may adopt, adopt. None of the commenters in the convincing evidence, that the merged full-power television stations and major 2010 Quadrennial Review proceeding entity would increase the diversity of newspapers are the relevant voices that supported retaining the test. The independent news outlets and the level should be included in the definition of Commission tentatively concludes that of competition among independent major media voices. As noted in the the factors are not well-suited as news sources in the relevant market. 2006 Quadrennial Review Order and standards required of every waiver The rule adopted in the 2006 discussed above, television stations and applicant because they are vague, Quadrennial Review Order further major newspapers are the predominant subjective, difficult to verify, and costly stated that the Commission would sources consumers rely on for news and to enforce. The Commission would not reverse a negative presumption in two information. In addition, evidence discourage waiver applicants, limited circumstances: (1) When the demonstrates that radio stations and particularly those in smaller markets, proposed combination involved a independent Web sites generally do not from attempting to strengthen their failed/failing station or newspaper, or originate significant amounts of local requests by presenting evidence in (2) when the proposed combination was news. Evidence also suggests that support of considerations like those with a broadcast station that was not viewership of local broadcast television reflected in the four factors. Rather, the offering local newscasts prior to the news far outstrips that of cable news ill-defined nature of these factors leads combination, and the station would programming. Therefore, the the Commission to believe that they initiate at least seven hours per week of Commission believes that counting the should not be imposed automatically on local news after the combination. The full-power television stations and the every waiver applicant. The NPRM asked whether these standards major newspapers within a local market Commission seeks comment on this were sufficiently objective and provides a reasonable proxy for the level approach. quantifiable. It asked also whether of viewpoint diversity that is 138. In the event the Commission special consideration should be given to meaningful for purposes of its proposed adopts a presumptive waiver standard, a transaction involving a station or rule, and the Commission seeks it seeks further comment on whether, newspaper that is failed or failing, and comment on this belief. instead of a four-factor test, it should if so, what type of showing should be treat a presumption either in favor of or required. Finally, the NPRM sought (vi) Four-Factor Test against a waiver request as establishing comment on whether the Commission 135. Background. Under the NBCO a prima facie case. The party seeking to should adopt any other criteria, rule as revised in the 2006 Quadrennial overcome the presumption would have particularly given that licensees could Review Order, the Commission the burden to show that the proposed seek waivers under Section 1.3 of the considered four factors in evaluating a newspaper/television combination Commission’s rules. request for a rule waiver. All waiver would or would not unduly harm 140. Discussion. The Commission applicants, regardless of whether they viewpoint diversity within the DMA. To believes it should not adopt the criteria were entitled to a favorable meet this burden, parties could present required by the 2006 Quadrennial presumption, were required to show: (1) evidence, for instance, regarding the Review Order to overcome a negative That the combined entity would quantity and strength of existing local presumption in any presumptive waiver significantly increase the amount of news providers within the DMA standard that the Commission may local news in the market; (2) that the including, for example, their adopt, other than the failed/failing newspaper and the broadcast outlets availability, accessibility, and focus on station or newspaper criterion. In the each would continue to employ its own local news and information; the level preceding discussion of the four-factor staff and exercise its own independent and pervasiveness of their presence or test, the Commission sought comment news judgment; (3) the level of influence within the DMA, particularly on whether it should enable merger concentration in the Nielsen DMA; and in those portions of the DMA that applicants to overcome any negative (4) the financial condition of the potentially would be most affected by presumption by demonstrating that the newspaper or broadcast station, and if the proposed merger; and the strength of proposed transaction would not unduly the newspaper or broadcast station was the applicant’s proposed local news and harm viewpoint diversity within the in financial distress, the proposed other local program offerings. The DMA. The Commission seeks comment owner’s commitment to invest impact on viewpoint diversity in the on whether that standard also should significantly in newsroom operations. local market would be the focal point of replace the 2006 criteria requiring clear 136. In the NPRM, the Commission the Commission’s review. Evidence and convincing evidence that diversity sought comment on whether to retain related to other variables could shade and competition would increase. The these four factors. The Commission the Commission’s analysis but would Commission believes that the clear and asked if the factors benefitted the waiver not be necessary or sufficient. The convincing measure imposed an overly applicants or the Commission staff Commission believes this type of burdensome evidentiary standard, responsible for reviewing waiver narrowed approach would be consistent unnecessarily included a competition requests. It sought comment on whether with its objective to rationalize the showing, and failed to identify relevant

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evidence that would support the was the failing entity, that it had a low invited comment on the MMTC Cross- diversity showing. The Commission is all-day audience share (i.e., 4 percent or Ownership Study which seeks to inclined to agree with Free Press that lower); (2) the financial condition of the examine ‘‘whether, and to what extent, the exception for waiver applicants that newspaper or television station was cross-ownership might have a material commit to initiating weekly local news poor (i.e., a negative cash flow for the adverse impact on minority and women programming on a television station that previous three years); and (3) the ownership.’’ To inform the 2014 has not been offering any local news combination would produce public Quadrennial Review, the Commission would be too difficult to enforce. Not interest benefits. An applicant seeking a seeks further comment below on the only does the Commission think it waiver of a newspaper/television cross- relationship of the NBCO rule to would be impractical for the ownership prohibition on the basis that minority and female ownership. Commission to monitor the station’s either the television station or the 143. Discussion. Some commenters subsequent local news output, but it newspaper was failed or failing would criticized the Commission for proposing does not wish to engage in making be required to show that the tangible to relax the NBCO rule without first content-based judgments regarding what and verifiable public interest benefits of determining that there would be no constitutes local news. For this reason the combination outweighed any harms. negative impact on levels of minority and for the reasons stated above for Further, as is already the case with and female ownership. The Commission proposing to reject the four-factor test, failed and failing station waivers of the recognizes that the Third Circuit the Commission is not inclined to adopt local television rule, in seeking directed the Commission to address NAA’s recommendation that any NBCO subsequent renewals of the television certain portions of the Diversity Order in rule the Commission adopts include an station’s license, the owner of the the context of its quadrennial review. exception when: (1) The merger combined entities would be required to The Commission has considered applicants commit to retaining, certify to the Commission that the carefully whether there is evidence in protecting, and exercising their public interest benefits of the the current record that modifications to respective editorial independence or (2) combination were being fulfilled, the NBCO rule, such as those the the merger applicants commit to adding including a specific, factual showing of Commission seeks comment on above, news or public affairs programming to a the program-related benefits that had would likely adversely affect minority broadcast station that previously had accrued to the public. Cost savings or and female ownership, and it tentatively not been airing news. The Commission other efficiencies, standing alone, would concludes, as discussed below, that the seeks comment on this approach. not constitute a sufficient showing. The current record does not establish that Commission seeks comment on the such harm is likely. The Commission 141. The Commission proposes to implications of requiring such a tentatively finds that the information in adopt a failed/failing entity exception, showing. In addition, the applicant the current record asserting a potential which would allow merger applicants to would have to show that the in-market impact would not change its underlying overcome a negative presumption under buyer was the only reasonably available analysis regarding the possible rule a presumptive waiver standard when a candidate willing and able to acquire modifications set forth above. Moreover, proposed combination involved a and operate the failed or failing the Commission rejects the argument failed/failing television station or newspaper or station and that selling that the Prometheus II decision requires newspaper. In addition, it similarly the newspaper or station to any out-of- the Commission to take no action unless proposes to consider an exception for market buyer would result in an it can show definitively that a rule failed/failing entities if it adopts a artificially depressed price. One way to change would have no negative impact waiver standard that does not include satisfy this criterion would be to on minority ownership levels. In any presumptive guidelines. As explained provide an affidavit from an case, considering the low levels of above in the discussion of its policy independent broker affirming that active minority and female ownership goals, the Commission believes the and serious efforts had been made to reflected in the 2012 323 Report, the continued operation of a local news sell the newspaper or television station, Commission does not believe the record outlet under common ownership would and that no reasonable offer from an evidence shows that the cross- cause less harm to viewpoint diversity entity outside the market had been ownership ban has protected or than would its complete disappearance received. The Commission seeks promoted minority or female ownership from the market. Noting that no comment on whether to adopt such a of broadcast stations in the past 35 alternative definitions were suggested in criterion. It seeks comment on whether years, or that it could be expected to do the 2010 Quadrennial Review to adopt such an exception for failed/ so in the future. The Commission seeks proceeding, the Commission seeks failing entities regardless of the waiver comment on these views. comment on whether to incorporate the standard it adopts. 144. The Commission notes that criteria adopted in the 2006 commenters in the 2010 Quadrennial Quadrennial Review Order to determine (iv) Minority and Female Ownership Review record did not focus on the if a television station or newspaper is 142. Background. The Commission impact of newspaper/radio cross- failed or failing. Specifically, in order to has provided several opportunities for ownership in particular. None of these qualify as failed, the newspaper or public input on issues pertaining to commenters seriously contended or television station would have to show minority and female ownership. It provided any data showing that that it had stopped circulating or had sought comment in the NPRM on how newspaper mergers with minority/ been dark due to financial distress for at the proposed revisions to the NBCO rule female-owned radio stations would least four months immediately prior to could affect minority and female harm viewpoint diversity in local the filing of the assignment or transfer ownership opportunities. Further, it markets. As discussed above, the of control application, or that it was asked how promotion of diverse Commission does not believe that the involved in court-supervised ownership promotes viewpoint vast majority of radio stations contribute involuntary bankruptcy or involuntary diversity. The Commission also sought significantly to viewpoint diversity. insolvency proceedings. To qualify as comment on the minority and female Moreover, the Commission has no failing, the applicant would have to ownership data contained in the 2012 evidence in the current record show that: (1) If the television station 323 Report. In addition, the Commission suggesting that minority/female-owned

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radio stations contribute more unaffiliated with a network, would be media ownership on minority and significantly to viewpoint diversity or likely targets for acquisition if top-four women broadcast ownership is probably broadcast greater amounts of local news television stations were excluded from negligible.’’ MMTC indicated that the on which consumers rely as a primary cross-ownership. However, a newspaper study surveyed both minority- and/or source of information than other radio publisher that is foreclosed from buying female-owned broadcast stations in stations. Even if they did, the a top-ranked television station may not markets with cross-owned media, along Commission could not conclude that it necessarily seek to purchase a lower- with non-minority/non-female-owned would therefore be reasonable to ranked station. In any event, station broadcast stations in the same markets, restrain the ability of owners of all owners would not be compelled to sell to explore whether there was a commercial radio stations to make their stations as a result of a difference in the responses of the two business decisions to exit the market or modification to the NBCO rule. groups regarding the importance of local to combine with a newspaper should Moreover, a station owner that wishes to cross-owned media. According to the record otherwise support allowing exit the market is not prevented from MMTC, the study’s findings showed a such combinations. The Commission selling its station under the current lack of concern by almost all of the invites commenters to provide any new NBCO ban, which merely eliminates respondents about the presence of cross- relevant information, data, or evidence newspaper owners as potential buyers. owned media in the market. MMTC that should inform the 2014 The Commission notes that the acknowledged, however, that the study Quadrennial Review. commenters’ concern is in tension with was ‘‘not intended as a comprehensive 145. With respect to newspaper/ the more frequent complaint that the random sample survey’’ and cautioned television combinations, the current Commission has not been aggressive that the limited number of responses record reflects varying opinions enough in encouraging investment in warrants ‘‘great care’’ in reaching any concerning the impact of a rule minority broadcasters. The changes the conclusions. modification on minority and female Commission seeks comment on today 149. A number of commenters argued ownership. While the Commission could permit stand-alone stations that the MMTC Cross-Ownership Study agrees with the commenters that current without a network affiliation to compete was critically flawed in its methodology levels of minority and female ownership better in the market and to improve and analysis and that the Commission are discouragingly low, the Commission their local news offerings by combining cannot rely on the study as a basis for is not persuaded by evidence in the resources with an in-market daily policy making. In response, MMTC current record that the NBCO newspaper, if they so desired and such recognized that the MMTC Cross- modifications it seeks comment on an opportunity were available. The Ownership Study is not dispositive but above would adversely affect minority Commission seeks comment on the argued that it provides useful evidence and female ownership levels. Even likelihood of such an effect. about the impact of cross-ownership, assuming that some minority-owned 147. In addition, commenters arguing noting the record was previously devoid stations would become acquisition that minority-owned broadcasters are of any such data. targets if the rule were loosened, the competitively disadvantaged in the 150. Given the limitations of the study Commission does not believe that such presence of large media conglomerates that even MMTC acknowledges, the a possibility necessarily would preclude pointed to alleged effects of multiple Commission does not believe it can rule modifications that are otherwise station ownership, not cross-ownership draw definitive conclusions about the consistent with its statutory mandate. of newspapers and broadcast stations. impact of cross-ownership on minority To the extent that governmental action As the Commission has found, and female ownership from the MMTC to boost ownership diversity is newspapers and broadcast stations Cross-Ownership Study alone. The appropriate and in accordance with the generally do not compete in the same Commission invites commenters to law, the Commission does not believe product markets, and it does not believe provide additional evidence that bears that any such action should be in the that an owner of a newspaper/television on this issue, especially any evidence form of indirect measures that have no combination would possess any greater arising since MMTC’s filing of the demonstrable effect on minority ability to impede local competition study. ownership and yet constrain all among local television stations than the 151. Furthermore, the Commission broadcast licensees. The Commission well-capitalized owner of a single media notes that any attempt to conduct an seeks comment on this tentative property. Free Press pointed to various empirical study of the relationship conclusion and its impact on any financial pressures that it claims have between cross-ownership restrictions decision to modify its cross-ownership forced a number of minority owners to and minority and female ownership rules. Several commenters argued that exit the market. To the extent that Free would face obstacles that likely would promoting access to capital would Press alleged that these financial make such study impractical and advance minority ownership more difficulties stemmed from or were unreliable. A rigorous econometric effectively than either limiting the exacerbated by media consolidation, the analysis would require that the number of potential buyers for minority consolidation to which Free Press refers Commission observe a sufficient broadcast owners interested in selling or is not related to the NBCO rule. Given number of markets in which cross- preventing minority broadcast owners that an NBCO restriction did not ownership and/or minority and female from experimenting with print prevent the minority owners Free Press ownership levels recently have shown publication. The Commission addresses identified from leaving the market and variation. Due to the Commission’s related proposals below. in light of the Commission’s finding that cross-ownership restrictions having 146. At this time, the Commission is newspapers and broadcast stations been in place for such a long period of not convinced that a top-four restriction, generally do not compete in the same time and to low levels of minority and if adopted as part of a presumptive product market, the Commission seeks female ownership, however, both cross- waiver standard, would decrease further comment specifically on the ownership and minority and female minority ownership. Commenters relationship between the NBCO rule and ownership levels show very little predicted that minority-owned minority and female ownership. variation, making empirical study of the television stations, the majority of 148. The MMTC Cross-Ownership relationship between these multiple which are stand-alone stations Study stated that ‘‘the impact of cross- variables extremely difficult. In

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addition, any study necessarily would the local television ownership rule and c. Discussion be based on a very small dataset for the the local radio ownership rule, which 156. Considering the record in the same reasons. As a result of these the Commission proposes to retain with 2010 Quadrennial Review proceeding limitations, any estimation of the limited modification elsewhere in this and consistent with the tentative relationship between cross-ownership Further Notice of Proposed Rulemaking, conclusion in the NPRM, the restrictions and minority and female adequately serve the goals the radio/ Commission seeks comment on whether ownership is likely to be imprecise. television cross-ownership rule was the radio/television cross-ownership Given such imprecision, the intended to promote, namely, rule is still necessary to promote the Commission does not believe that a competition and diversity in local public interest or whether the rule study could extrapolate with any degree markets. The Commission seeks should be repealed. The Commission of confidence the effect that changing comment on whether the benefits of notes that the record suggests that, the Commission’s cross-ownership rules eliminating this regulation would unlike local television stations and daily would have on minority and female outweigh any potential costs and newspapers, radio stations are not a whether simplifying its rules in this way ownership levels, and any attempt to do dominant source of local news and would have only a minimal effect in so would be misleading. Variation in information, and thus, the Commission most markets. Moreover, the ownership structure over time, resulting seeks comment on whether retention of Commission seeks comment on whether from additional cross-owned entities, this rule is necessary to promote and repeal of this rule would be consistent could provide additional data points to preserve viewpoint diversity in local with its goal of promoting minority and study in the future. The Commission markets. Moreover, the Commission female ownership of broadcast stations. seeks comment on these views seeks comment on whether the existing The Commission invites commenters to concerning the inherent challenges to rule offers substantial benefits in discuss any relevant evidence in the conducting comprehensive research on addition to its other rules. The these issues. 2010 Quadrennial Review record and submit any new evidence that bears on Commission tentatively finds, as the 152. Finally, the Commission Commission consistently has in past emphasizes that, as proposed above, no its review of this rule. In addition, the Commission seeks comment on the proceedings, that this rule is not newspaper/television combination necessary to support its goals of would be permitted without a costs and benefits of retaining or eliminating the radio/television cross- competition or localism. Commission waiver of a general rule 157. Viewpoint Diversity. Limiting the ownership rule. To the greatest extent prohibiting such combinations. Even a combined number of commercial radio waiver request that would be granted a possible, commenters should quantify the expected costs or benefits of the rule and television stations that a single favorable presumption under a entity may own in a market was presumptive waiver standard would be and any alternatives and provide detailed support for any actual or previously found necessary to promote subject to denial if the Commission a diversity of viewpoints. The found that the proposed transaction was estimated values provided, including the source of such data and/or the Commission seeks comment on the likely to harm viewpoint diversity in the continued necessity of such a local market. A case-by-case waiver method used to calculate reported values. restriction. It notes that, despite its approach under either option the specific request in the NPRM, no studies Commission offers for comment would b. Background were submitted in the 2010 Quadrennial allow for close Commission 154. In the NPRM, the Commission Review record to demonstrate that this examination of the particular tentatively concluded that the radio/ rule supports viewpoint diversity or that circumstances of a proposed television cross-ownership rule is not repeal of the rule would cause a combination. Where the newspaper currently necessary to promote the decrease in viewpoint diversity. The purchase of a television station, public interest. The Commission sought Commission seeks comment on whether minority/female-owned or otherwise, comment on a range of issues, including the local radio and local television would disserve the public interest, the whether radio and television stations ownership rules, which it proposes to Commission would deny the request for constitute different markets, whether retain, as well as its proposed a rule waiver. The Commission seeks repeal of the rule would encourage more newspaper/television cross-ownership comment on whether a waiver and better competition in local media rule, would be sufficient to protect requirement would provide adequate markets, whether repeal of the rule viewpoint diversity such that retaining protection when the particular would result in additional broadcast the radio/television cross-ownership circumstances of a proposed merger run consolidation, and what impact, if any, rule is unnecessary. counter to its diversity goals. repeal would have on small, 158. The Commission seeks comment 4. Radio/Television Cross-Ownership independent broadcasters, including on evidence in the 2010 Quadrennial Rule those stations owned by minorities and Review record suggesting that radio women. The Commission indicated that stations are not currently a dominant a. Introduction changes in the marketplace and source of local news and information. 153. The Commission seeks comment evidence from the media ownership Consistent with the tentative on whether the radio/television cross- studies specifically supported the conclusions in the NPRM, the record in ownership rule, which limits the tentative conclusion that the rule is not the 2010 Quadrennial Review combined number of commercial radio necessary to promote viewpoint proceeding demonstrates that and television stations a single entity diversity in local media markets. consumers rely primarily on local may own in the same market, is still 155. The Commission invites television stations and daily newspapers necessary in the public interest or commenters to augment the 2010 (and their affiliated Web sites) for their whether it should be repealed. It seeks Quadrennial Review record with any local news, and not on radio stations. If comment on whether the current media new or different evidence, data, or the record demonstrates that radio marketplace and the evidence adduced information relevant to its consideration stations are not the primary outlets that in the 2010 Quadrennial Review of the radio/television cross-ownership contribute to local viewpoint diversity, proceeding support a conclusion that rule in this consolidated docket. what harm to viewpoint diversity would

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result from repealing the radio/ commercial radio stations out of over television stations and as many as six or television cross-ownership restriction? 11,000 are all-news radio stations, a seven radio stations is met or exceeded To the extent that noncommercial radio reduction from 50 in the mid-1980s. and therefore appears to have little stations contribute to local news and Although the Commission effect. Similarly, in many small markets information, the Commission notes that, acknowledges that a small number of the requirement that at least 10 because its ownership rules do not commercial all-news radio stations in independently owned media voices apply to noncommercial radio stations, the nation’s largest markets are very remain in order to own a television the repeal of this rule would not impact successful, radio stations in most cities station and as many as four radio their contribution to viewpoint do not provide local journalism. Eighty- stations is met, so that element of the diversity. The Commission seeks six percent of programming on news- rule presumably has a limited impact on comment on how this fact should affect talk stations is nationally syndicated, the potential for consolidation in those its analysis. rather than locally produced. The markets. The Commission seeks 159. The Commission has previously Commission seeks comment on whether comment on these findings and on acknowledged that radio is a distant there is any more recent countervailing markets where this element of the rule third behind newspapers and television evidence refuting these trends. may have an impact on television/radio stations in terms of being an important 162. Additionally, the Commission consolidation. What is the significance provider of news and information. seeks comment on whether the existing of any such impact? The Commission Indeed, the Commission has long radio/television cross-ownership rule seeks comment on whether the record recognized that ‘‘a radio station cannot provides meaningful additional from the 2010 Quadrennial Review be considered the equal of either the restriction on consolidation, given that proceeding or any more recent evidence newspaper or the television station in the local television and radio rules establishes any particular or measurable any sense, least of all in terms of being separately impose limitations on the potential harm that would likely result a source for news or for being the amount of broadcast ownership from repeal of this cross-ownership rule. medium turned to for discussion of permitted in local markets. Would the 164. Competition. Consistent with matters of local concern.’’ In the 2006 repeal of the rule have more than a prior holdings, the Commission Quadrennial Review Order the minimal impact on broadcast tentatively finds that the radio/ Commission decided to retain the radio/ consolidation in most local markets, as television cross-ownership rule is not television cross-ownership rule on the parties would continue to be necessary to promote competition. The basis that the public relied on both radio constrained by the applicable local Commission has found previously that and television for news and radio and local television ownership most advertisers do not consider radio information. Information in the record rules? As discussed in the NPRM, absent and television to be good substitutes for in the 2010 Quadrennial Review the radio/television cross-ownership one another, and that ‘‘television and proceeding, as well as the Information rule, an entity approaching the limits of radio stations neither compete in the Needs of Communities Report and the the existing cap, if constrained only by same product market nor do they bear most recent media ownership studies, the local radio rule, would be permitted any vertical relation to one another.’’ suggest that local radio stations do not to acquire one or two additional radio This position is consistent with the contribute to local viewpoint diversity stations in large markets, at most. Under long-standing conclusion of the to the same degree as local television the local radio rule, an entity owning six Department of Justice, which considers stations and daily newspapers. or seven radio stations can own as many radio advertising as a separate antitrust 160. As discussed in the context of as eight radio stations in the largest market for purposes of its competition the NBCO rule above, recent evidence radio markets in the absence of the analysis. Similarly, the Commission demonstrates that consumers regard cross-ownership rule. The Commission tentatively finds that most consumers local television stations and daily seeks comment on whether the local do not consider radio and television newspapers as the principal sources of radio rule is sufficient to protect stations to be substitutes for one another local news and information. According competition in local radio markets. It and do not switch between television to a recent Pew study, this popularity believes the elimination of the radio/ viewing and radio listening based on has, in turn, encouraged many television cross-ownership rule would program content. Nothing in the current television stations to produce more local have no effect on the number of record undermines the Commission’s morning and mid-day news television stations an entity may own as previous conclusion that a television- programming, further establishing the existing cross-ownership rule radio combination, therefore, cannot television stations as the main providers references the local television rule to adversely affect competition in any of local news and information in local determine how many television stations relevant product market. Given that markets. Independent television an entity may own. The Commission radio and television stations do not stations, particularly in those markets seeks comment on this conclusion and appear to compete in the same market where they air local news, showed on whether the radio/television cross- and that the local television and radio bigger audience or ratings gains in 2011 ownership rule has independent effects, rules would prevent significant when compared to any of the stations aside from those provided by the other additional consolidation even in the affiliated with Big Four broadcast local ownership rules, on consolidation absence of this rule, the 2010 networks, which may provide more in most local markets. Quadrennial Review record does not national programming content during 163. The Commission also seeks suggest that repeal of the radio/ those day parts. comment on the implications of the television cross-ownership rule would 161. As described in detail above, the cross-ownership rule’s two-tiered voice harm competition. The Commission Information Needs of Communities count restriction on broadcast seeks comment on whether any data or Report records a steady decline over the consolidation in local markets. The evidence made available since the past two decades in consumer reliance restrictions appear to be readily met in NPRM warrants a renewed analysis of on commercial radio news. The number many markets. In many large markets, the competitive effect of the radio/ of people who listen to some news on the requirement that at least 20 television cross-ownership. the radio dropped from 54 percent to 34 independently owned and operating 165. Localism. Consistent with the percent during that period. Only 30 media voices remain in order to own tentative conclusion in the NPRM and

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previous Commission holdings, the staffing for news and informational local news on which consumers rely as Commission tentatively finds that the programs, or additional local news a primary source of information. The radio/television cross-ownership rule is coverage on radio stations. The Commission seeks comment on these not necessary to promote localism. The Commission recognizes the potential for views. As discussed further in the Commission seeks comment on this such benefits and seeks comment on the Diversity section below, several of the tentative conclusion. Furthermore, it likely extent of such gains if the rule media ownership studies in this seeks comment on whether elimination were repealed. proceeding concluded that there is a of this rule is likely to result in benefits 168. Minority and Female Ownership. positive relationship between minority to localism in the form of improved or The Commission also sought comment station ownership and the provision of expanded programming. in the NPRM on the effect that certain types of minority-oriented 166. The Commission sought eliminating the radio/television cross- content or the consumption of broadcast comment in the NPRM on the relevance ownership rule would have on efforts to content by minority audiences. Several of the media ownership studies to its foster ownership diversity among commenters also raised this issue. This analysis of whether the radio/television minorities and females. Further, the observation, however, does not alter the cross-ownership rule promotes its Commission sought comment on the Commission’s view that radio stations— localism goals. The Commission minority and female ownership data be they minority-owned or not—do not specifically highlighted the findings in contained in the 2012 323 Report. In contribute significantly to local news. Media Ownership Study 1 and Media addition, interested parties had the The Commission seeks comment on Ownership Study 4 about the opportunity to comment on the MMTC whether recent evidence shows correlation between the level of radio/ Cross-Ownership Study, as discussed in otherwise. Recognizing that repeal of television cross-ownership in a market the context of the NBCO rule above. In the rule would potentially allow for the and the amount of local television response, several commenters criticized acquisition of a limited number of programming provided. The the Commission for proposing to relax additional radio stations in some Commission stated in the NPRM that any of its rules, including the radio/ markets by incumbent television Media Ownership Study 1 examines television cross-ownership rule, without broadcasters, the Commission seeks how cross-ownership is associated with first determining that there will be no comment on the impact that elimination localism, as measured by the amount of negative impact on minority and female of the rule would have on media local news provided in the market, and ownership. The Commission has consolidation and thus on small that the study finds that cross- considered carefully whether there is broadcast owners, including minority ownership decreases local television evidence in the current record that and women owners. As noted above, the news hours but raises ratings, which elimination of the radio/television current radio/television rule already leads to ambiguous results. cross-ownership rule would likely allows for a significant degree of cross- Additionally, the Commission observed adversely affect minority and female ownership of radio and television the finding in Media Ownership Study ownership, and it believes, as discussed stations in a market. Second, the cross- 4 that, at the station level, radio/ below, that the current record does not ownership rule has always been television cross-owned stations appear establish that such harm is likely. accompanied by the ownership to air more local news on average, Furthermore, the Commission does not limitations contained in the local though the impact is marginal. The believe that record evidence shows that television and local radio rules, which study showed that for every additional the cross-ownership ban has protected the Commission proposes to retain in-market radio station a parent owned, or promoted minority or female substantively unchanged in order to the television station aired 3.7 more ownership of broadcast stations, or that protect competition in local markets. minutes of local news. Some it could be expected to do so in the The Commission seeks comment on commenters in the 2010 Quadrennial future. Nevertheless, the Commission whether the local ownership rules are Review proceeding maintained that invites commenters to submit further sufficient to protect minority and female these media ownership studies support data on the connection, if any, between broadcast owners from the competitive the conclusion that the cross-ownership the radio/television cross-ownership effects of media consolidation. rule cannot be justified based on rule and minority and female 170. Moreover, while the Commission localism concerns. NAB stated that the ownership. acknowledges the concerns raised by record is clear that repeal of the radio/ 169. Notably, radio/television cross- NABOB and others advocating for television cross-ownership rule would ownership combinations were not the additional minority ownership benefit both localism and diversity. focus of commenters’ concerns raised in opportunities, it agrees with 167. The Commission agrees with response to the NPRM. In fact, no commenters, including NAB, that the industry commenters who maintained commenter to the NPRM presented low level of minority and female that some limited cross-ownership empirical data or other analyses that broadcast ownership cannot be could create efficiencies that could established that repeal of this rule attributed solely or primarily to benefit the public should broadcasters would harm competition, localism, or consolidation. Nor has any commenter choose to invest additional resources in viewpoint diversity in local markets. As shown that these low levels of the production of local news and discussed above, the Commission ownership are a result of the existing information programming. When tentatively concludes that the rule is not radio/television cross-ownership rule. broadcasters engage in joint operations, necessary to promote competition or The Commission recognizes the whether those operations are focused on localism, and the record reflects that presence of many disparate factors, programming and news gathering or most radio commercial stations do not including, most significantly, access to back office matters, the Commission broadcast significant amounts of local capital, as longstanding, persistent believes it likely that financial news and information. The current impediments to ownership diversity in efficiencies result. Such efficiencies record does not suggest that minority/ broadcasting. As discussed below, such could lead ultimately to consumer female-owned radio stations contribute factors require further study and benefits in the form of additional station more significantly to viewpoint consideration. investments in equipment for radio or diversity than other radio stations or 171. In this Further Notice of television newsrooms, an increase in broadcast more meaningful amounts of Proposed Rulemaking, the Commission

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reaffirms its commitment to broadcast b. Background each network as a whole. Primetime ownership diversity as an important 173. In the NPRM, the Commission broadcast network programming is goal. The 2010 Quadrennial Review sought comment on its tentative generally designed to attract a mass record, however, does not appear to conclusion that the existing dual audience, and financing such establish that elimination of the radio/ network rule should be retained without programming, in turn, requires the television cross-ownership rule would modification in order to promote substantial revenue that only a mass adversely affect ownership diversity. competition. The Commission also audience can provide. The top-four The Commission asks commenters to sought comment on the potential impact broadcast networks supply their provide any demonstrable evidence of of top-four network mergers on affiliated local stations with primetime such a link that may have become localism. The Commission invites entertainment programming intended to available since the 2010 Quadrennial commenters to augment the 2010 attract both mass audiences and the Review. Quadrennial Review record with any advertisers that want to reach such large, national audiences. By contrast, 5. Dual Network Rule new or different evidence, data, or information relevant to its consideration other broadcast networks, and many a. Introduction of the dual network rule in this cable networks, tend to target more 172. The Commission tentatively consolidated docket. specialized, niche audiences. As CBS finds that the dual network rule, which noted, in recent years, some cable permits common ownership of multiple c. Discussion networks have moved away from broadcast networks, but prohibits a 174. Competition. Consistent with the serving niche audiences and have merger between or among the ‘‘top-four’’ Commission’s tentative conclusion in modified their primetime programming networks (ABC, CBS, Fox, and NBC), the NPRM, the Commission tentatively lineups to more closely resemble those continues to be necessary to promote finds that the dual network rule remains of broadcast networks. Nonetheless, competition and localism and should be necessary in the public interest to foster with the exception of certain individual retained without modification. In competition in the provision of sports events or mini-series, even the particular, the Commission tentatively primetime entertainment programming highest rated primetime entertainment finds that the top-four broadcast and the sale of national advertising programs on cable networks achieve networks have a distinctive ability to time. Specifically, as discussed in more substantially smaller audiences than attract, on a regular basis, larger detail below, the Commission their broadcast network counterparts. primetime audiences than other tentatively finds that the primetime For instance, during 2011, the highest broadcast and cable networks, which entertainment programming supplied by rated primetime entertainment programs enables them to earn higher rates from the top-four broadcast networks is a on cable networks attracted, at most, those advertisers willing to pay a distinct product, the provision of which between 8 and 9 million viewers. By premium for such audiences. Thus, the could be restricted if two of the four contrast, in any given week during the Commission believes that a combination major networks were to merge. The 2010–2011 television season, there were between top-four broadcast networks Commission also tentatively finds that, typically a dozen or more primetime would reduce the choices available to consistent with past Commission entertainment programs on the top-four advertisers seeking large, national findings, the top-four broadcast broadcast networks that attracted more audiences, which could substantially networks comprise a ‘‘strategic group’’ than 10 million viewers, with the lessen competition and lead the in the national advertising market and highest rated broadcast programs networks to pay less attention to viewer compete largely among themselves for frequently attracting more than 20 demand for innovative, high quality advertisers that seek to reach large, million viewers, based on Nielsen data. programming. The Commission also national mass audiences. Accordingly, Thus, the audience size for individual tentatively find that the rule remains the Commission continues to believe primetime entertainment programs necessary to preserve the balance of that a top-four network merger would provided by each of the top-four bargaining power between the top-four substantially lessen competition for broadcast networks remains unmatched networks and their affiliates, thus advertising dollars in the national by that of any other broadcast or cable improving the ability of affiliates to advertising market, which would, in network. exert influence on network turn, reduce incentives for the networks 176. Furthermore, as measured at the programming decisions in a manner that to compete with each other for viewers network level, the average primetime best serves the interests of their local by providing innovative, high quality audience size for each of the top-four communities. The Commission programming. Based on their distinctive broadcast networks remains tentatively concludes that the benefits of characteristics relative to other significantly larger than the audience retaining the rule outweigh any broadcast and cable networks, the size for even the most popular cable potential burdens. The Commission Commission tentatively finds that the networks. The Commission recognizes seeks comment on these tentative top-four broadcast networks serve a that consumers generally substitute findings, particularly with respect to unique role in the provision of between broadcast and cable networks any relevant developments that may primetime entertainment programming and that the gap in size between have occurred since the NPRM. The and the sale of national advertising time broadcast and cable audiences has Commission seeks comment also on the that justifies retaining a rule specific to narrowed over time, such that the costs and benefits of its proposal to them. The Commission seeks comment aggregate audience for cable networks is retain the existing dual network rule. To on these tentative findings. now larger. Nevertheless, as stated in the greatest extent possible, commenters 175. As noted in the NPRM, in the NPRM, in 2009–2010 the average should quantify the expected costs or comparison to other broadcast and cable primetime audience for a top-four benefits of the rule and provide detailed networks, the top-four broadcast broadcast network remained support for any actual or estimated networks achieve substantially larger substantially larger than the average values provided, including the source of primetime audiences, as measured both primetime audience for other broadcast such data and/or the method used to by the audience size for individual and cable networks. The Commission calculate reported values. programs and by the audience size for finds that this gap in audience size

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continued in 2011. In 2011, the average existing dual network rule without programming decisions and airing primetime audience for a top-four modification in order to promote programming that serves the specific broadcast network was nearly three competition. The Commission finds needs and interests of that specific local times larger than the average primetime force in WGAW’s view that the rule community. As a result, the economic audience for the highest rated cable remains necessary to promote incentives of the networks are not networks, based on SNL Kagan data. In competition in the market for primetime always aligned with the interests of the addition, the average primetime programming. Specifically, the local affiliates or the communities they audience for the top-four broadcast Commission believes that the top-four serve. networks was more than twice as large broadcast networks have a distinctive 180. In the context of this as that of the fifth highest-rated ability to attract, on a regular basis, complementary network-affiliate broadcast network, and more than five larger primetime audiences than other relationship, the Commission believes times larger than that of the next broadcast and cable networks, which that the dual network rule is, as the highest-rated English-language enables them to earn higher rates from Affiliates Associations asserted, ‘‘an broadcast network. As a result, based on those advertisers that are willing to pay important structural principle’’ that the 2010 Quadrennial Review record, a premium for such audiences. Thus, helps to maintain equilibrium. the Commission tentatively finds that, the Commission believes that a Specifically, the Commission tentatively despite the ability of certain primetime combination between top-four broadcast finds that a top-four network merger cable network programs to achieve large networks would reduce the choices would reduce the ability of a network audiences on occasion, in general, available to advertisers seeking large, affiliate to use the availability of other primetime entertainment programming national audiences, which could top, independently owned networks as provided by the top-four broadcast substantially lessen competition and a bargaining tool to influence networks remains a distinct product lead the networks to pay less attention programming decisions of its network, capable of attracting large audiences, the to viewer demand for innovative, high including the affiliate’s ability to engage size of which individual cable networks quality programming. The Commission in a dialogue with its network over the cannot consistently replicate. The therefore tentatively concludes that the suitability for local audiences of either Commission seeks comment on whether primetime entertainment programming the content or scheduling of network this audience gap has narrowed provided by the top-four broadcast programming. The Commission seeks significantly since the NPRM. networks and national television comment on its tentative conclusion 177. Another indicator that the top- advertising time are each distinct that the dual network rule remains four broadcast networks are distinct products, the availability, price, and necessary to foster localism. from cable networks is the wide quality of which could be restricted, to 181. The NPRM also sought comment on whether antitrust laws and the disparity in advertising prices between the detriment of consumers, if two of Commission’s public interest standard them. Using data for 2009, the the top-four networks were to merge. are sufficient to address any harms to Commission found in the NPRM that the Accordingly, the Commission competition or localism that would top-four broadcast networks generally tentatively concludes that the dual result from a top-four network merger. earn higher advertising rates than cable network rule remains necessary to foster As discussed above, the Commission is networks. In 2011, based on SNL Kagan competition in the provision of concerned here that a top-four network data, the average advertising rate among primetime entertainment programming merger would restrict the availability, the top-four broadcast networks, as and the sale of national television measured in cost per thousand views price, and quality of primetime advertising time. The Commission seeks (referred to as cost per mille or CPM), entertainment programming to the comment on these tentative was $19.19. By contrast, the four highest detriment of consumers. The conclusions. CPMs among non-sports cable networks Commission is also concerned that the were for MTV, Bravo, Discovery 179. Localism. In addition to bargaining power and influence of Channel, and TBS, which had an promoting its competition goal, the affiliates would be reduced. As the average CPM of $10.95, or Commission tentatively finds that, Commission has previously noted, it approximately 43 percent less than that consistent with past Commission does not think antitrust enforcement of the top-four broadcast networks. The findings, the dual network rule remains would adequately protect against these appeal of the top-four broadcast necessary to promote its localism goal. harms. The Commission seeks comment networks to advertisers seeking large, Specifically, the Commission tentatively on these concerns. national audiences is also reflected in finds that the rule remains necessary to 182. Dual Affiliation. Some data on net advertising revenues. In preserve the balance of bargaining commenters urged the Commission to 2011, the top-four broadcast networks power between the top-four networks prohibit a TV station from affiliating averaged $3.17 billion in net advertising and their affiliates, thus improving the with two or more top-four broadcast revenues, based on SNL Kagan data. By ability of affiliates to exert influence on networks in a single market, because contrast, the four non-sports cable network programming decisions in a they contended that the practice allows networks with the highest net manner that best serves the interests of stations to circumvent the intent of the advertising revenue totals (Nickelodeon, their local communities. Typically, a dual network rule. Specifically, USA Network, TNT, and MTV) averaged critical role of a broadcast network is to commenters claimed that dual just under 1 billion dollars in net provide its local affiliates with high affiliation allows a broadcaster to ‘‘do advertising revenues, or less than one- quality programming. Because this locally what the networks are forbidden third of the average amount that the top- programming is distributed across the from doing nationally,’’ which is to four broadcast networks received. The country, broadcast networks have an consolidate the bargaining power of Commission invites commenters to economic incentive to ensure that the multiple top-four network signals under provide any relevant data that has programming both appeals to a mass, the control of a single entity. The become available more recently. nationwide audience and is widely Commission notes, however, that the 178. The Commission tentatively shown by affiliates. A network’s local dual network rule addresses harms to concludes that it should adopt the affiliates serve a complementary role by competition and localism that would proposal in the NPRM to retain the providing local input in network result from the consolidation of top-four

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network ownership at the national level. will encourage innovation and enhance implicates an important and growing In particular, as discussed above, the viewpoint diversity. segment of the nation’s population. It Commission tentatively finds that a 185. For the reasons explained below, incorporates comprehensive data from combination between top-four broadcast the Commission tentatively concludes the improved Form 323 biennial networks would reduce the number of that the Commission is not in a position ownership reports, described below. networks competing for national at this time to adopt a socially Specifically, the study will consider: (1) advertisers and would reduce the ability disadvantaged business (SDB) eligibility The impact of Hispanic-owned of a local affiliate to use the availability standard, which expressly would television stations on Hispanic-oriented of other top, independently owned recognize the race and ethnicity of programming and Hispanic viewership networks as a bargaining tool to applicants, or any other race- or gender- in selected local television markets; (2) influence network programming targeted measures. The Commission the extent of Hispanic-oriented decisions. By contrast, the Commission invites further input on ways to expand programming on U.S. broadcast believes that dual affiliation does not the participation of minorities and television; and (3) the role of digital give rise to either of these harms women in the broadcast industry. It also multicasting in increasing the amount of because it does not reduce the number seeks comment on specific measures, in Hispanic-oriented programming. of network owners. Although addition to those that that the b. Data Collection Concerning Minority commenters are invited to offer Commission tentatively concludes and Female Ownership opposing views, the Commission does should be reinstated, that may provide not perceive arguments related to dual further opportunities for minorities and 189. Collection of Biennial Ownership affiliation as relevant to consideration of women to own and operate broadcast Data. As explained in detail in the the dual network rule. Instead, it believe outlets. NPRM, the Commission actively has that issues related to dual affiliation, 186. The Commission discusses below sought in recent years to improve its including the potential consolidation of the actions that it currently believes are collection and analysis of broadcast market power by a single station owner appropriate in response to the Third ownership information. Among other in a local market, are more relevant to Circuit remand of the Diversity Order. initiatives, the Commission has implemented major changes to its Form the local television ownership rule, and 2. Background the Commission discusses them above 323 biennial ownership reports to in that context. a. Commission Diversity Initiatives improve the reliability and utility of the data reported in the form, including D. Diversity Order Remand 187. In addition to promoting viewpoint diversity generally through data regarding minority and female 1. Introduction the broadcast ownership rules, the broadcast ownership. Commission has a long history of 3. Discussion 183. In addition to assessing each of promulgating rules and regulations the broadcast ownership rules, the intended to foster diversity in terms of a. Remand Review of the Revenue-Based Commission is considering in this minority and female ownership. Eligible Entity Standard proceeding the Third Circuit’s remand Although the Commission and Congress 190. Background. The Commission of certain aspects of the Commission’s previously made available race- and solicited comment in the NPRM on 2008 Diversity Order. In Prometheus II, gender-conscious measures intended whether the Commission should the Third Circuit concluded that the specifically to assist minorities and reinstate the pre-existing revenue-based decision in the Diversity Order to adopt women in their efforts to acquire eligible entity definition to support the a revenue-based eligible entity broadcast properties, such as tax measures the Third Circuit vacated and definition as a race-neutral means of certificates and distress sale policies, remanded as well as other measures the facilitating ownership diversity was those policies and programs were Commission may implement in the arbitrary and capricious, because the discontinued following the Supreme future. In light of the Third Circuit’s Commission did not show how such a Court’s 1995 decision in Adarand conclusion that the Commission definition specifically would assist Constructors, Inc. v. Pen˜ a. The Supreme previously had failed to demonstrate a minorities and women, who were Court held in Adarand that any federal nexus between this definition and its among the intended beneficiaries of this program in which the ‘‘government stated goal of promoting female and action. In light of this conclusion, the treats any person unequally because of minority ownership, the Commission Third Circuit remanded each of the his or her race’’ must satisfy the ‘‘strict asked commenters to supply any measures adopted in the Diversity Order scrutiny’’ constitutional standard of available evidence demonstrating that a that relied on the revenue-based judicial review. Under strict scrutiny, revenue-based definition would support definition. racial classifications are constitutional this specific policy objective. In 184. Based on its analysis of the only if they are narrowly tailored addition, the Commission sought preexisting eligible entity standard as measures that further a compelling comment on whether re-adoption of the well as the measures to which it governmental interest. As a result, the revenue-based standard would support applied, the Third Circuit’s remand Commission currently does not use race its traditional diversity, localism, and instructions, and the record thus far in or ethnic origin as a factor in its competition goals in other ways, this proceeding, the Commission ownership diversification policies. In particularly by enhancing ownership tentatively concludes that the revenue- addition, Congress repealed the tax opportunities for small businesses and based eligible entity standard should be certificate policy in 1995 as part of its other new entrants. reinstated and applied to the regulatory budget approval process. 191. The Commission adopted its policies set forth in the Diversity Order. 188. The Commission announced in revenue-based eligible entity definition The Commission believes that small October 2013 that it is conducting a in the 2002 Biennial Review Order as an businesses benefit from flexible study of Hispanic television viewing. exception to the prohibition on the licensing policies and that making it The study is the Commission’s first transfer of grandfathered station easier for small business applicants to systematic examination of the Hispanic combinations that violated then newly participate in the broadcast industry television market, a market that adopted local radio ownership limits.

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The Commission ruled that licensees Disadvantage Preference (ODP) standard 196. The Commission’s records would be allowed to transfer control of proposed by the Commission’s Diversity indicate that a large number of or assign a grandfathered combination Advisory Committee in 2010. According Commission permittees and licensees to an eligible entity, which was defined to DCS, no meaningful impact on previously have availed themselves of as any entity that would qualify as a minority ownership will be achieved by policies based on the revenue-based small business consistent with SBA relying on a definition based solely eligible entity standard. In particular, standards for its industry grouping, upon the SBA’s revenue limits for small the Diversity Order afforded eligible based on revenue. In addition, the businesses. entities that acquire broadcast Commission ruled that eligible entities 194. Discussion. The Commission construction permits through an would be permitted, with limited tentatively concludes that a revenue- assignment from another permittee restrictions, to sell existing based eligible entity standard is an additional time to construct their grandfathered combinations intact to appropriate and worthwhile approach facilities under certain circumstances, new owners. The Commission adopted for expanding ownership diversity and many small businesses made use of this transfer policy as a means to whether or not the standard is effective this measure. FCC Form 314 requires promote diversity of ownership and in promoting ownership of broadcast that assignees in broadcast transactions observed more generally that policies stations by women and minorities. The indicate whether the assignee is an supporting the entry of new participants Commission concedes that it does not eligible entity as that term is defined in into the broadcasting industry also may have an evidentiary record the Diversity Order. Between the promote innovation in the field. demonstrating that this standard implementation of the eligible entity 192. Thereafter, in the Diversity specifically increases minority and definition and the suspension of the Order, the Commission concluded that female broadcast ownership. The definition following the Prometheus II additional uses of the eligible entity Commission invites commenters to decision, Commission staff processed definition would advance its objectives supplement the record with any new approximately 247 Form 314 of promoting diversity of ownership in data or analysis that may bear on this construction permit assignment the broadcast industry by making it issue. Nonetheless, even in the absence applications in which the assignee self- easier for small businesses and new of such evidence, the Commission identified as an eligible entity. Of those entrants to acquire licenses and attract believes that reinstatement of the 247 applications, approximately 132 the capital necessary to compete in the revenue-based standard would serve the (53.4 percent) of the eligible entities marketplace with larger and better public interest by promoting small- have constructed their broadcast financed companies. In this regard, the business participation in the broadcast facilities and are now on the air. The Commission stated that the adoption of industry. The Commission believes that data also reveal that the largest group of new measures relying on this definition small-business applicants and licensees broadcasters that availed themselves of would ‘‘be effective in creating new benefit from flexible licensing, auction, the eligible entity definition are opportunities for broadcast ownership transactions, and construction policies. noncommercial educational by a variety of small businesses and new Often, small-business applicants have broadcasters. Of the 247 total eligible entrants, including those owned by financing and operational needs distinct entities, 160 (64.7 percent) are NCE women and minorities.’’ The from those of larger broadcasters. By permittees or licensees. Commission further observed that easing certain regulations for small 197. On the whole, the Commission facilitating market entry by new entrants broadcasters, the Commission believes believes that these data indicate that the into the broadcast industry would that it will promote its public interest revenue-based eligible entity standard promote new programming services, goal of making access to broadcast has been used successfully by small particularly those that are responsive to spectrum available to a broad range of firms and has aided their entry into, as local needs, interests, and audiences applicants. The Commission also well as sustained their presence in, currently underserved. Thus, between believes that enabling more small broadcasting in furtherance of the 2002 and the Third Circuit’s remand of businesses to participate in the Commission’s public interest goals. the measures relying on the eligible broadcast industry will encourage While these data may not include the entity definition in 2011, the innovation and expand ownership and total number of applicants and Commission used the revenue-based viewpoint diversity. permittees that have availed themselves standard to support a range of measures 195. The Commission seeks comment of one or more of the measures to which intended to encourage ownership on these tentative conclusions. The the eligible entity standard applied, this diversity. Commission also seeks input on other information nonetheless suggests that 193. Several commenters, including potential public interest benefits or providing additional time to construct AWM and NAB, supported detriments that could result from broadcast facilities and other measures reinstatement of a revenue-based reinstating the eligible entity standard. have assisted market entry by small eligible entity definition and the It is interested in hearing from eligible broadcasters. measures to which it previously applied entity broadcasters that have used one 198. The Commission also tentatively as a means to diversify broadcast or more of the measures adopted in the concludes that, if the Commission ownership. UCC et al. recommended Diversity Order. What measures were reinstates the eligible entity definition, that, instead of abandoning or used? Did the eligible entity definition it would be appropriate to readopt each repurposing the current eligibility facilitate entry into broadcast measure relying on this definition that definition, the Commission should ownership? Was increased financing was remanded in Prometheus II. These assess whether it has had any and investment available to eligible measures include: (1) Revision of Rules measurable effect on the ownership of entity broadcasters as a result of the Regarding Construction Permit broadcast stations by minorities and existence of the eligible entity standard Deadlines (The Commission proposes women. As discussed in more detail or any of the measures? The experiences that this exception to its strict broadcast below, DCS believed that the of such broadcasters could aid the station construction policy, if reinstated Commission should adopt a revised Commission’s assessment of this by the Commission, would be limited to eligible entity definition that standard and the measures that utilize one 18-month extension based on one incorporates the Overcoming the definition. assignment to an eligible entity.

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Moreover, to ensure realization of its more than 50 percent voting power of social disadvantage due to gender, policy goals, in reviewing the permit the corporation or partnership that will physical handicap, long-term residence sale to the eligible entity, the hold the broadcast licenses, provided in an environment isolated from the Commission proposes to assess the bona that no other person or entity owns or mainstream of American society, or fides of both the arms-length structure of controls more than 25 percent of the other similar causes. the transaction and the assignee’s status outstanding stock or partnership 203. To the extent an SDB standard as an eligible entity.); (2) Modification interest; or (3) more than 50 percent of includes race-specific criteria, it would of Attribution Rule (In addition, the voting power of the corporation if be subject to strict constitutional pursuant to the new entrant bidding the corporation that holds the broadcast scrutiny. As explained in the NPRM, credits available under the licenses is a publicly traded company. rules and policies that operate based on Commission’s broadcast auction rules, 200. The Commission seeks comment race, ethnic origin, or gender are subject the modified EDP attribution standard on the costs and benefits of the proposal to an exacting constitutional analysis. was available to interest holders in to adopt a revenue-based eligible entity All race-based classifications imposed eligible entities that are the winning definition and the measures relying on by the government ‘‘‘must be analyzed bidders in broadcast auctions. The this definition as proposed herein. To by a reviewing court under strict Commission proposes to reinstate this the greatest extent possible, commenters scrutiny’ . . . [and] are constitutional application of the modified EDP should quantify the expected costs or only if they are narrowly tailored to standard.); (3) Distress Sale Policy; (4) benefits of the proposals and provide further compelling governmental Duopoly Priority for Companies that detailed support for any actual or interests.’’ The U.S. Supreme Court to Finance or Incubate an Eligible Entity; estimated values provided, including date has accepted only two justifications (5) Extension of Divestiture Deadline in the source of such data and/or the for race-based action as compelling for Certain Mergers; and (6) Assignment or method used to calculate reported purposes of strict scrutiny: student body Transfer of Grandfathered Radio Station values. diversity in higher education and Combinations. b. Remand Review of a Race- or Gender- remedying past discrimination. Gender- 199. The Commission proposes to Conscious Eligible Entity Standard based classifications are evaluated define an eligible entity as any entity, under an intermediate standard of commercial or noncommercial, that (i) Background review and will be upheld as would qualify as a small business 201. The Third Circuit in Prometheus constitutional if the government’s consistent with SBA standards for its II instructed the Commission to address actions are deemed substantially related industry grouping, based on revenue. on remand the other eligible entity to the achievement of an important The Commission proposes to include definitions it had considered when the objective. In the NPRM, commenters both commercial and noncommercial revenue-based definition was adopted. were asked to explain in detail, based entities within the scope of the term Specifically, in the Diversity Third on relevant case law, whether and how ‘‘eligible entity’’ to the extent that they FNPRM, the Commission sought the Commission could overcome the otherwise meet the criteria of this comment on the possibility of replacing application of strict or intermediate standard. The Commission previously the revenue-based standard with a constitutional scrutiny to any race- or applied the SBA standards to define standard based on the SBA’s definition gender-based standard. The Commission eligible entities, and the Commission of SDBs used for purposes of its sought data and explanation for whether seeks comment on whether those Business Development Program. and how proposals could be supported standards should apply if it re-adopts Pursuant to the SBA’s program, persons and applied in a consistent and rational the eligible entity standard. The of certain racial or ethnic backgrounds manner. In particular, the Commission Commission requests comment on are presumed to be disadvantaged; all solicited input on whether the whether there is any reason to use other individuals may qualify for the Commission could demonstrate a different eligible entity definitions for program if they can show by a compelling governmental interest in commercial and noncommercial preponderance of the evidence that they fostering viewpoint diversity, redressing entities. For all SBA programs, a radio are disadvantaged. In response to the past discrimination, or some other or television station with no more than court’s directive, the Commission interest and, if so, whether policies $35.5 million dollars in annual revenue sought comment in the NPRM on the based on a race-conscious standard currently is considered a small business. benefits and risks of adopting an SDB would be a narrowly tailored means of To determine qualification as a small standard to support the various addressing any such interest. business, the SBA considers the ownership diversity measures remanded 204. The Commission acknowledged revenues of the parent corporation and by the court. The Commission also in the NPRM that its ownership data affiliates of the parent corporation, not solicited input on other proposals that and other empirical evidence in the just the revenues of individual were included in the Diversity Third record at that time likely were broadcast stations. The Commission FNPRM as well as any other race- or insufficient to support the adoption of a proposes to do the same. In addition, in gender-conscious standards the race- or gender-based standard. In order to ensure that ultimate control Commission should consider. recognition of the fact that such data are rests in an eligible entity that satisfies 202. Under the SBA’s 8(a) Business not by themselves sufficient to satisfy the revenue criteria, the Commission Development Program, certain the constitutional hurdle that has been proposes that the entity must satisfy one individuals are presumed to be socially established for race- and gender-based of several control tests. Specifically, the disadvantaged: African-Americans, measures, the Commission asked in the eligible entity would have to hold: (1) Hispanic Americans, Asian Pacific NPRM that commenters supply any 30 percent or more of the stock/ Americans, Native Americans relevant evidence, including peer- partnership shares and more than 50 (American Indians, Eskimos, Aleuts, or reviewed studies, which could assist in percent voting power of the corporation Native Hawaiians), and Subcontinent supporting a race-conscious approach. or partnership that will hold the Asian Americans. Additionally, the SBA With respect to any proposals for a broadcast license; (2) 15 percent or more permits the applicant to show through gender-conscious standard, commenters of the stock/partnership shares and a ‘‘preponderance of the evidence’’ similarly were asked to address the

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relevant constitutional standards and to evidence sufficient to implement a race- gender-conscious measures based on provide any available empirical support. or gender-targeted standard. In light of that interest. Further, the Commission 205. A number of commenters this perceived deficiency, DCS tentatively finds that it does not have supported the adoption of a race- or suggested that the Commission sufficient evidence to establish a gender-conscious standard as a means to promptly implement an ODP standard, compelling interest in remedying past increase minority and female which it described as race- and gender- discrimination. The Commission seeks ownership. Based on the Third Circuit’s neutral, while the Commission develops comment on both its preliminary instructions in Prometheus II, the record necessary to adopt a analysis and its tentative findings. commenters asserted that the constitutionally sustainable race- 210. As a threshold matter, the Commission must fully consider the conscious definition. Similarly, UCC et Commission rejects commenters’ feasibility of adopting an SDB standard al. argued that ‘‘there are problems with arguments that the Commission is in this proceeding and that the the Commission’s data collection and required to adopt an SDB standard or Commission is not permitted to defer analysis that need to be fixed’’ prior to another race-conscious eligible entity consideration of race- or gender-based the adoption of race- or gender- standard in this proceeding in light of action until a future proceeding. Some conscious measures. UCC et al. further the court’s instructions in Prometheus commenters also asserted that, prior to argued that, because ‘‘the Commission II. The Commission also disagrees with the conclusion of this proceeding, the will have to show that it tried race- arguments that the Commission is not Commission must provide any further neutral solutions and found them permitted to conclude this proceeding data and complete any additional insufficient’’ in order to ‘‘defend against until it has completed any and all empirical studies that may be necessary a constitutional challenge to any future studies or analyses that may enable it to to evaluate or justify the adoption of an policy that uses race as a factor,’’ the take such action in the future consistent SDB standard. Similarly, several Commission should move forward in with current standards of constitutional commenters asked the Commission not this proceeding to ‘‘evaluat[e] whether law. The Commission intends to follow to make any changes to any of the media its current race- and gender-neutral the Third Circuit’s direction that the ownership rules until it collects and policies designed to promote Commission consider adopting an SDB analyzes data on broadcast ownership opportunities for minorities and women definition before completion of this by women and minorities in a manner are in fact working as intended.’’ NHMC proceeding and evaluate the feasibility that they view as consistent with the et al. opined that ‘‘any consideration of of adopting a race-conscious eligibility court’s remand of the eligible entity [SDBs] is premature’’ until the standard based on an extensive analysis standard. Commission resolves the existing 206. Several commenters further of the available evidence. The problems with its data and analysis and Commission does not believe that the asserted that Prometheus II not only that any SDB proposal ‘‘would lack Third Circuit intended to prejudge the obligates the Commission to consider requisite supporting data and analysis outcome of the Commission’s analysis fully the feasibility of implementing a necessary to withstand scrutiny from of the evidence or the feasibility of race-conscious eligible entity standard the court based on the current record.’’ in this proceeding, but also requires the implementing a race-conscious standard Commission to adopt such a standard. (ii) Discussion that would be consistent both with NABOB maintained that in this 209. The Commission tentatively applicable legal standards and the proceeding the Commission ‘‘must concludes that it does not have Commission’s practices and procedures. establish policies, similar to those it had sufficient evidence at this time to satisfy (i) Constitutional Analysis of prior to the Adarand decision, which the constitutional standards necessary Commission Interest in Enhancing were designed to specifically increase to adopt race- or gender-conscious Viewpoint Diversity minority ownership of broadcast measures. In evaluating the possibility stations.’’ NABOB also stated that of adopting an SDB standard, or any 211. Compelling Governmental ‘‘[f]ailure to adopt a policy to promote other race-conscious standard, the first Interest Analysis. In the NPRM, the minority ownership in this proceeding question the Commission must consider Commission reaffirmed its longstanding is contrary to the mandate of the Third is whether the standard could be commitment to advancing a diversity of Circuit in the Prometheus II case.’’ justified by a ‘‘compelling governmental viewpoints. The Commission noted that NABOB argued that ‘‘the Commission is interest.’’ Assuming that such an it ‘‘has relied on its media ownership obligated by the Prometheus II decision interest could be established, the rules to ensure that diverse viewpoints to continue this proceeding until it has Commission then would have to be able and perspectives are available to the completed the studies required and to demonstrate that the application of American people in the content they adopted a policy to promote minority the race-conscious standard to specific receive over the broadcast airwaves,’’ ownership.’’ In addition, NABOB measures or programs would be and stated that ‘‘media ownership limits asserted that if the Commission does not ‘‘narrowly tailored’’ to further that are necessary to preserve and promote take these actions in the instant interest. The Commission discusses viewpoint diversity.’’ In this regard, the proceeding, then it must, at a minimum, below its preliminary approach to this Commission further explained that it provide a specific timetable for analysis. While the Commission has ‘‘regulated media ownership as a developing a policy to promote minority tentatively finds that a reviewing court means of enhancing viewpoint diversity ownership. could deem the Commission’s interest on the premise that diffuse ownership 207. Advocates of a race- or gender- in promoting a diversity of viewpoints among media outlets promotes the conscious standard cited the Supreme compelling, the Commission believes presentation of a larger number of Court’s rulings in Grutter v. Bollinger that it does not have sufficient evidence viewpoints in broadcast content’’ than and Metro Broadcasting v. FCC as at this time to demonstrate that otherwise would be available. The precedent for establishing a compelling adoption of race-conscious measures NPRM also noted that, in addition to interest in facilitating broadcast would be narrowly tailored to further viewpoint diversity, the Commission ownership diversity that interest. The Commission also has considered the impact of its rules on 208. Some commenters suggested that discusses the constitutional analysis program, outlet, source, and minority the Commission currently lacks that would apply if it sought to adopt and female ownership diversity.

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212. As the Third Circuit observed in viewpoint diversity may qualify as a that end: [T]he means chosen to Prometheus II, the Supreme Court long compelling interest. In both cases, the accomplish the [government’s] asserted has recognized the Commission’s Supreme Court recognized that there purpose must be specifically and interest in broadcast diversity. In Metro were important First Amendment narrowly framed to accomplish that Broadcasting, the Supreme Court held, interests at stake and acknowledged that purpose.’’ The Commission tentatively based on the application of intermediate diversity was central to the relevant concludes that the evidence in the constitutional scrutiny, that ‘‘the institution’s mission. In addition, just as record at this time does not satisfy this interest in enhancing broadcast the Grutter Court acknowledged the requirement for two reasons. First, the diversity is, at the very least, an longstanding recognition of education’s Commission tentatively finds that it important governmental objective.’’ In ‘‘fundamental role’’ in American does not demonstrate that the reaching this determination, the Court society, the Court long has recognized connection between minority ownership stated that ‘‘[s]afeguarding the public’s that broadcasting is ‘‘an essential part of and viewpoint diversity is direct and right to receive a diversity of views and the national discourse on subjects across substantial enough to satisfy strict information over the airwaves is . . . an the whole broad spectrum of speech, scrutiny. Second, it believes that the integral component of the FCC’s thought, and expression.’’ record does not reveal a feasible means mission’’ and that the Commission’s 214. The Commission notes, however, of carrying out the type of ‘‘‘public interest’ standard necessarily that some decisions applying strict individualized consideration the invites reference to First Amendment scrutiny have cast doubt on the Supreme Court has held is required for principles.’’ That opinion was issued likelihood that courts would accept the a diversity-based program to pass prior to Adarand, however, which Commission’s interest in viewpoint constitutional muster. overruled the application of diversity as the basis for race-conscious 217. The Commission disagrees with intermediate scrutiny in Metro action. In 2007, the Supreme Court commenters who argued that a nexus Broadcasting. Notably, Adarand did not declined to recognize a compelling between minority ownership and disturb other aspects of Metro interest in diversity outside of ‘‘the viewpoint diversity sufficient to satisfy Broadcasting, including the recognition context of higher education.’’ Moreover, strict scrutiny already has been of an important governmental interest in the DC Circuit held in Lutheran Church- established and accepted by the broadcast diversity. Nonetheless, in the Missouri Synod v. FCC that broadcast Supreme Court in Metro Broadcasting. aftermath of Adarand, it is clear that the diversity does not rise to the level of a The Commission believes that empirical Commission would have to establish compelling governmental interest. The evidence of a stronger nexus between that its interest in promoting diversity is DC Circuit reasoned that ‘‘even the minority ownership and broadcast not only important, but compelling, in majority’’ of the Supreme Court ‘‘who diversity than was demonstrated in order to adopt a race-conscious thought the government’s interest Metro Broadcasting would be required standard. In addition, the Supreme ‘important’ [in Metro Broadcasting] for a race-conscious SDB standard to Court held in 2003 in Grutter v. must have concluded implicitly that it withstand strict scrutiny. In finding that Bollinger that diversity is a compelling was not ‘compelling’; otherwise, it is the Commission’s minority ownership governmental interest in the realm of unlikely that the majority would have policies were substantially related to higher education. That finding was adopted a wholly new equal protection achieving broadcast diversity, the based on the Court’s determination that standard to decide the case as it did.’’ Supreme Court in Metro Broadcasting That reading is not compelled, however. deferred to the judgment of Congress ‘‘universities occupy a special niche in The Metro Broadcasting Court actually and the Commission, as corroborated by our constitutional tradition’’ and on stated that ‘‘enhancing broadcast various social science studies. As stated substantial evidence, including diversity is, at the very least, an above, however, the Supreme Court numerous expert studies and reports, important governmental objective,’’ since has repudiated Metro regarding the educational benefits that thereby leaving open the possibility that Broadcasting’s application of flow from student body diversity. broadcast diversity might be a intermediate scrutiny, and under strict 213. The Commission believes that its compelling interest. scrutiny, the Commission’s judgment interest in promoting a diversity of 215. The Commission seeks comment regarding the relationship between viewpoints could be deemed on this preliminary analysis, including minority ownership and broadcast sufficiently compelling to survive strict any other factors or relevant precedent diversity is unlikely to receive the same scrutiny analysis. In a different context, that it should consider. The deference. In her dissent in Metro the Supreme Court has recognized Commission also seeks comment on Broadcasting, Justice O’Connor argued viewpoint diversity as an interest ‘‘of other relevant interests that a reviewing that the Court should have applied strict the highest order.’’ In addition, the court might recognize as compelling and scrutiny and that, under such scrutiny, Supreme Court in Metro Broadcasting the analysis of such interests under the available evidence fell far short of recognized similarities between applicable judicial precedent. the requisite direct and substantial broadcast diversity and the interest in 216. Narrow Tailoring Analysis. Even connection, establishing at best ‘‘the promoting student body diversity the assuming that the Commission were existence of some rational nexus.’’ Court later recognized as compelling in able to establish a compelling interest in Subsequent developments in Grutter: ‘‘Just as a ‘diverse student body’ diversity, it still would be required to constitutional jurisprudence further contributing to a ‘‘‘robust exchange of demonstrate that the adoption of a race- suggest that empirical evidence of a ideas’’’ is a ‘constitutionally permissible conscious SDB standard, as well as the stronger nexus between broadcast goal’ on which a race-conscious programs to which it would apply, diversity and minority ownership than university admissions program may be would be ‘‘narrowly tailored’’ to further was shown in Metro Broadcasting predicated, the diversity of views and that interest. As the Supreme Court has would be required to withstand strict information on the airwaves serves stated, ‘‘[e]ven in the limited scrutiny. important First Amendment values.’’ circumstance when drawing racial 218. As explained below, there is a Other similarities between Metro distinctions is permissible to further a significant amount of evidence in this Broadcasting and Grutter further compelling state interest, government is proceeding regarding the role and status strengthen the conclusion that still ‘constrained in how it may pursue of minorities in the broadcast industry.

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Although this evidence contributes Commission tentatively concludes that provide a significant amount of valuable information to the record in Media Ownership Study 8B does not minority-targeted programming, the this proceeding and informs the provide sufficient evidence to satisfy the Commission tentatively finds that it Commission’s broader review of the requirements of strict scrutiny. First, the would have limited value as a broadcast ownership rules, it tentatively effects of minority ownership revealed justification for adopting race-conscious concludes that the evidence in the in the study are quite limited overall, measures. record would not satisfy strict scrutiny. and minority ownership does not have 222. In addition to the Media Commenters are invited to address the an effect on most variables and disparity Ownership Studies commissioned for Commission’s tentative conclusions and measures analyzed. Second, in the vast this proceeding, commenters have evaluations of this evidence. In majority of cases the authors study, the submitted a number of studies into the addition, the Commission invites relationship between minority record that analyze issues related to commenters to provide any additional ownership and viewpoint diversity is minority broadcast ownership. The evidence that may be relevant to this not statistically different from zero. Commission discusses those studies that analysis. With regard to any such 221. Other studies in the record appear to relate most closely to the evidence, commenters should explain examine the relationship between impact of minority ownership on its whether and, if so, how the evidence minority ownership of broadcast outlets diversity goals. Commenters are invited would bolster the Commission’s ability and other aspects of the Commission’s to supplement this discussion with to satisfy the requisite narrow tailoring diversity goal, such as programming or additional views of the relevance of these studies and to submit additional standard. format diversity. The Commission does 219. The two recent studies in the evidence that may be pertinent to the not believe that evidence regarding record that directly address the impact Commission’s analysis. For example, program or other forms of diversity is as of minority ownership on viewpoint ‘‘Media Ownership Matters: Localism, relevant as evidence regarding diversity are Media Ownership Studies the Ethnic Minority News Audience and viewpoint diversity for the purpose of 8A and 8B. Media Ownership Study 8A Community Participation,’’ a 2006 study establishing narrow tailoring to a focuses on the relationship between commissioned by the Benton compelling interest. The Commission local media ownership and viewpoint Foundation, finds that there is a tentatively concludes that, of any diversity in local television news. The ‘‘nexus’’ between minority ownership diversity-related interest that the authors calculate a measure of and service to underserved Commission has authority to advance, viewpoint diversity based on program communities. This study used audience data and then analyze the viewpoint diversity currently is most ethnographic and survey research to relationship of this measure to certain likely to be accepted as a compelling discern patterns in news consumption aspects of the Commission’s broadcast governmental interest under strict among minorities in the Washington, ownership rules, finding either that the scrutiny. Although the Metro DC, metropolitan area. It finds that of relationship is not statistically Broadcasting Court did not define the 18 percent of minority listeners who distinguishable from zero or very small broadcast diversity with this level of reported that they prefer to obtain news in absolute magnitude. In particular, precision, a court applying strict programming from radio, a majority of this study finds that the relationship scrutiny is likely to require such those listeners preferred minority- between minority ownership and precision, and the Supreme Court’s owned stations. While this finding is viewpoint diversity is not statistically prior recognition of broadcast diversity informative, the Commission tentatively distinguishable from zero. As a result, as an interest ‘‘of the highest order’’ finds that the evidentiary value of this this study does not appear to provide seems to pertain to viewpoint diversity. study in the context of a strict scrutiny evidence that the Commission could Media Ownership Study 7 assesses the analysis would be limited because it rely upon to justify race-conscious relationship between ownership covered only three neighborhoods in action. structure and the provision of radio one metropolitan area. In addition, the 220. Media Ownership Study 8B programming, as measured by program study does not provide any statistical examines viewpoint diversity in local formats, to minority (African-American analysis of or adjust for factors aside television news through an analysis of and Hispanic) audiences between 2005 from minority ownership that may television news transcripts. In general, and 2009. The study finds that minority explain this result. Additionally, this the authors find very little evidence of audiences have different format tastes finding represents only a small a robust relationship between available than white audiences and that minority- percentage of the individuals the measures of market structure and owned stations disproportionately cater authors surveyed (i.e., a majority of 18 viewpoint diversity, perhaps due to the to these tastes. In addition, the percent of the listeners surveyed). fact that the measures of market regression analyses included in Media Furthermore, the study does not analyze structure are, in the words of the Ownership Study 7 show that, on a the news content on minority-owned authors, ‘‘rather blunt.’’ With respect to market-wide basis, the presence of radio stations or provide analysis minority ownership in particular, the minority-owned stations increases the comparing such content to the news authors find almost no statistically amount of minority-targeted content on other stations. significant relationship between such programming and that the availability of 223. In sum, the Commission believes ownership and their measure of minority-targeted formats attracts more that the body of evidence contained in viewpoint diversity. Notably, the study minorities to listening. The study also the recent Media Ownership Studies does find a positive relationship concludes that most stations with and the studies submitted in the record between minority ownership and minority-targeted formats are not by commenters do not demonstrate the coverage of minority politicians, which minority-owned and that group ‘‘nearly complete’’ or ‘‘tightly bound’’ suggests that minority-owned stations ownership, including particularly nexus between diversity of viewpoint may focus on certain types of minority- ownership by non-minority owners, and minority ownership that would be oriented content more than other within a local market allows for greater required to justify a race-based stations and which could be viewed as format diversification. Because this eligibility entity definition. a measure of one form of viewpoint study is focused on format diversity and Nevertheless, the Commission believes diversity. Despite this finding, the shows that non-minority stations that the studies strengthen the evidence

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of a link between broadcast diversity means of carrying out the type of should be cognizable under an ODP and minority ownership. They also individualized consideration the standard, (2) how the Commission could begin to answer questions raised by Supreme Court has held is required to validate claims of eligibility for ODP Justice O’Connor’s Metro Broadcasting pass constitutional muster under strict status, (3) whether applicants should dissent, such as how to define minority scrutiny. Where race-conscious bear the burden of proving specifically programming and whether such governmental action is concerned, the that they would contribute to diversity programming is underrepresented, that Supreme Court previously has found as a result of having overcome certain the Supreme Court found it unnecessary that narrow tailoring requires disadvantages, (4) how the Commission to address under intermediate scrutiny. individualized review, serious, good- could measure the overcoming of a In particular, existing studies show that faith consideration of race-neutral disadvantage if an applicant is a widely minority groups have distinct alternatives, minimal adverse impact on held corporation rather than an entity preferences, and that expanding third parties, and temporal limits. In with a single majority shareholder or a minority ownership increases the particular, the Court found in Grutter small number of control persons, and (5) amount of programming targeted to such that narrow tailoring demands that race how the Commission could evaluate the preferences. As stated above, however, be considered ‘‘in a flexible, non- effectiveness of the use of an ODP the evidence largely concerns program mechanical way’’ alongside other factors standard. Even if the Commission could or format diversity rather than the that may contribute to diversity and that develop an adequate record on these viewpoint diversity that the Supreme consideration of race was permissible issues, it is concerned that it may lack Court has recognized as an interest ‘‘of only as one among many disparate the resources to conduct such the highest order’’ and that the factors in order to evaluate individual individualized reviews. Moreover, the Commission believes is most central to applicants for admission to an Commission would have to walk a very First Amendment values. Many of the educational institution. The manner in fine line in order to fully evaluate the studies also support only limited which the Commission allocates potential diversity contributions of conclusions and reflect a need for broadcast licenses is different in many individual applicants without running further analysis. Given the important respects from university afoul of First Amendment values. The Commission’s tentative assessments of admissions, and the Commission Commission is concerned that the type these studies and other data, it cannot believes that implementing a program of individualized consideration that conclude at this time that the evidence for awarding or affording preferences would be required under an ODP demonstrates a sufficient nexus between related to broadcast licenses based on standard could prove to be minority ownership of broadcast the ‘‘individualized review’’ required in administratively inefficient, unduly stations and viewpoint diversity to other contexts would pose a number of resource-intensive, and inconsistent withstand strict scrutiny. administrative and practical challenges with First Amendment values. The 224. In response to NABOB’s request for the Commission. The Supreme Court Commission seeks comment on these that the Commission provide a specific has held, however, that ‘‘[t]he fact that issues and its foregoing analysis timetable for completing future studies the implementation of a program regarding the feasibility of adopting an necessary to adopt a policy to promote capable of providing individualized ODP standard. minority ownership, the Commission consideration might present has identified in detail in this Further 227. Analysis of Gender-Based administrative challenges does not Diversity Measures. The Supreme Court Notice of Proposed Rulemaking the render constitutional an otherwise studies in the current record that it have has held that gender-based problematic system.’’ The Commission found establish useful information classifications must satisfy intermediate seeks comment on its tentative regarding the relationship between scrutiny and, as such, must be conclusion and potential ways in which viewpoint diversity and minority and substantially related to the achievement an individualized review process female ownership of broadcast stations. of an important objective. As noted feasibly, effectively, and efficiently In addition, the Commission has above, the Supreme Court found in could be incorporated into any race- outlined ongoing and additional efforts Metro Broadcasting, based on the conscious measures adopted by the to achieve important further analysis of application of intermediate Commission. the status and impact of minority constitutional scrutiny, that ‘‘the ownership, including, but not limited 226. Commenters generally did not interest in enhancing broadcast to, the studies being conducted by suggest criteria, other than race and diversity is, at the very least, an OCBO and the Hispanic television ethnic origin, that could be considered important governmental objective.’’ viewing study discussed above. In in an individualized, holistic evaluation Applying intermediate scrutiny, the DC addition, as indicated in the NPRM, system like that approved in Grutter. Circuit overturned the Commission’s Form 323 ownership data will continue DCS recommended that the Commission former gender preference policy in to be collected and analyzed and replace its revenue-based eligible entity Lamprecht v. FCC. Recognizing that considered in connection with future definition with an ODP standard as a Metro Broadcasting established media ownership reviews. The process race-neutral means of advancing broadcast diversity as an important for doing so will continue to be refined ownership diversity. The Commission government objective, the DC Circuit and improved. The Commission cannot notes that it is not entirely clear whether focused on its relationship to female firmly establish herein a timetable for the proposed ODP standard would be ownership. The court stated that the release of future biennial ownership subject to heightened constitutional existence of such a relationship rests on data or the completion of studies, scrutiny. Moreover, the Commission several assumptions, but chose to examinations, or assessments. believes that it does not have a address only one: that women who own Commenters may submit additional sufficient record at present on a number broadcast stations are more likely than studies that the Commission should of issues that would need to be resolved white men to broadcast ‘‘women’s consider in its analysis. prior to the implementation of an ODP programming.’’ The court concluded 225. In addition, the Commission standard. Among other issues, no that the only available study failed to tentatively finds that the record in this commenter provided input on (1) what establish a statistically meaningful link proceeding does not reveal a feasible social or economic disadvantages between ownership by women and

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programming of any particular kind. At the Commission would have to establish statistically significant disparity this time, the Commission cannot a ‘‘strong basis in evidence’’ of between the number of minority- and conclude that the record evidence discrimination, i.e., evidence women-owned broadcast stations and establishes a relationship between the ‘‘approaching a prima facie case of a the number of qualified minority and Commission’s interest in viewpoint constitutional or statutory violation.’’ To women-owned firms. Commenters are diversity and the ownership of substantiate this approach, the asked to address whether evidence of broadcast stations by women that would Commission would have to identify, such a disparity is ascertainable, satisfy intermediate scrutiny. While the with specificity, evidence of public particularly given the low number of Commission acknowledges that the data discrimination within the broadcast minority and women-owned firms. show that women-owned stations are industry or private discrimination in Based on relevant precedent, the not represented in proportion to the which the government acted as a Commission tentatively concludes that presence of women in the overall ‘‘passive participant.’’ Less evidence is it cannot demonstrate a compelling population, the Commission does not required for gender-based measures, interest in remedying discrimination in believe that the evidence available at although an ‘‘exceedingly persuasive the Commission’s licensing process in this time reveals that the content justification’’ is still necessary. The the absence of such evidence. The provided via women-owned broadcast Commission never has asserted a Commission seeks comment on this stations substantially contributes to remedial interest in race- or gender- tentative conclusion. viewpoint diversity in a manner based broadcast regulation, and courts 230. Anecdotal or historical evidence different from other stations or primarily have considered such of discrimination also can establish that otherwise varies significantly from that measures in the context of public a strong basis in evidence exists for provided by other stations. The only contracting decisions. Most commenters remedial measures, although such study included in the record of this in this proceeding have not focused on evidence generally is helpful only when proceeding that analyzes the establishing a case for remedial it reinforces statistical evidence. DCS relationship between female ownership measures, although DCS argued that argued that a 2000 study comprising and broadcast content is the Turner ‘‘remedying the present effects of past more than 100 interviews demonstrates Radio Study, which finds that markets discrimination provides a compelling that broadcast licensing procedures that contain radio stations with either interest.’’ While some evidence supports present challenges to minority and female or minority ownership are more a finding of discrimination in the female access to spectrum and licenses. likely to broadcast certain progressive broadcast industry, the Commission In the Historical Study, minorities and and conservative talk shows. This study tentatively concludes that it is not of women repeatedly report encountering does not appear to demonstrate a causal sufficient weight to satisfy discrimination in their efforts to obtain relationship between female or minority constitutional standards. The capital to finance their broadcast and ownership and the diversity of Commission seeks comment on the wireless businesses, secure advertising viewpoints or content available, as it preliminary analysis described below, on their stations, gain exposure and does not control for other factors that including any other relevant precedent experience to qualify for ownership may explain both the presence of a or data it should consider. through employment opportunities, and greater diversity of talk shows and a learn of ownership opportunities. The higher percentage of female or minority 229. As the Commission concedes in Historical Study reports no evidence, ownership in certain markets. In any this Further Notice of Proposed however, of actual discrimination by the event, the Commission tentatively Rulemaking, the proportions of Commission. concludes that this study is too limited minorities and females that own 231. DCS also argued that another in scope to establish a substantial broadcast stations are lower than their 2000 study establishes that barriers relationship between female ownership proportions in the general population. inhibiting minority and female access to and viewpoint diversity. Other studies An inference of discrimination may capital amount to industry in the record establish that female arise ‘‘when there is a significant discrimination in which the government ownership of broadcast stations is well statistical disparity between the number has passively participated. The Capital below the proportion of women in the of qualified minority contractors willing Markets Study found that both minority- population, a fact that is not in dispute and able to perform a particular service and women-owned businesses were in this proceeding. Because these and the number of such contractors significantly less likely to obtain studies do not indicate that increased actually engaged.’’ But ‘‘[w]hen special wireless licenses in auctions than were female ownership will increase qualifications are required to fill non-minority businesses and that among viewpoint diversity, the Commission particular jobs, comparisons to the current broadcast licensees, minority believes that they do not provide a general population (rather than to the (but not female) applications for debt rationale under the foregoing analysis smaller group of individuals who financing were significantly less likely for gender-based diversity measures. possess the necessary qualifications) to be approved than non-minority However, the Commission seeks may have little probative value.’’ Thus, applications, and minority applicants comment on this preliminary the raw numbers reflecting existing paid higher interest rates. The study determination as well as any relevant levels of minority or female ownership also contains a literature survey of evidence regarding this issue. by themselves are not sufficient to empirical studies using data over two overcome the constitutional hurdle that decades, which is not specific to the (ii) Constitutional Analysis of the has been established for race- and broadcast industry, finding or Commission’s Interest in Remedying gender-based remedial measures. In suggesting that racial discrimination Past Discrimination Croson, the Supreme Court warns exists in U.S. capital markets in both 228. As an alternative to establishing against the ‘‘completely unrealistic denial rates and interest rates. However, a compelling interest in viewpoint assumption that minorities will choose the study indicates that its results are diversity, race- or gender-based a particular trade in lockstep proportion not fully conclusive and emphasizes the measures are permissible as a remedy to to their representation in the local need for further analysis to control for past or present discrimination. To population.’’ There is no evidence in the potentially important variables. Also, justify race-based remedial measures, current record demonstrating a the focus on wireless auctions and other

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non-broadcast industry information media ownership and . . . increase the plain language of Section 310(b)(4) makes it less probative of discrimination minority and women participation in provides the Commission the authority in the broadcast licensing process. broadcasting.’’ Although DCS advocated to review applications for approval of Further, the study does not address the adoption of all of these proposed foreign investment in the controlling secondary market for licenses. measures, it focused on four that it U.S. parent of a broadcast licensee 232. While the evidence offered is believed the Commission ‘‘should above the 25 percent benchmark on a informative on these subjects, the immediately begin implementing.’’ case-by-case basis. The Commission Commission preliminarily finds that it These recommendations include: (1) stated that such applications may be is insufficient to satisfy the Relaxing the foreign ownership granted unless it finds that a denial will constitutional requirements to support a limitations under Section 310(b)(4) of serve the public interest. In issuing the race- or gender-based remedial action. the Communications Act; (2) Declaratory Ruling, the Commission In this regard, comparison is instructive encouraging Congress to reinstate and observed the range of changes in the to Adarand v. Slater, a leading public update tax certificate legislation; (3) media landscape and marketplace since contracting case in which the Tenth granting waivers of the local radio enactment of the foreign ownership Circuit found the requisite strong basis ownership rule to parties that restriction and noted that limited access in evidence. The court found ‘‘incubate’’ qualified entities; and (4) to capital is a concern in the broadcast ‘‘significant’’ evidence of public migrating AM radio to VHF Channels 5 industry, particularly for small entities, discrimination in that case: the record and 6. In addition, AWM asked the including entities owned by minorities contained 39 studies revealing an Commission to consider several actions and women. The Commission further aggregate 13 percent disparity between to address the ‘‘historic noted that a clear articulation of its minority business availability and underrepresentation of women’’ in ‘‘approach to Section 310(b)(4) in the utilization in government contracting, a ownership of broadcast stations and broadcast context has the potential to figure which the court found to be managerial positions in the broadcast spur new and increased opportunities ‘‘significant,’’ if not overwhelming, industry. for capitalization for broadcasters, and evidence of discrimination. 234. As discussed below, the particularly for minority, female, small Nevertheless, the court relied Commission has implemented some of business entities, and new entrants.’’ principally on evidence of private these recommendations. Because the 237. Tax Certificate Legislation. DCS discrimination. The evidence was Commission believes that the remainder also urged the Commission to ‘‘continue similar in nature to that discussed of these proposals would raise public to support and encourage Congress to above—denial of access to capital, as interest concerns, may not provide reinstate and expand’’ the former tax well as the existence of racially meaningful assistance to the intended certificate policy, which permitted firms exclusionary ‘‘old boy’’ networks and beneficiaries, or are outside of the to defer capital gains taxation on the union discrimination that prevented proper scope of this broadcast sale of media properties to minorities. It access to the skills and experience ownership proceeding, the Commission also suggested that an updated tax needed to form a business—but greater tentatively concludes that it should not certificate policy could address previous in extent and weight. The court had the adopt them here. The Commission seeks congressional concerns if it were race- benefit of a Department of Justice report, comment on this tentative conclusion. neutral, encompassed both media and prepared in response to the Supreme 235. Foreign Ownership Restrictions. telecommunications entities, and Court’s decision in Adarand, DCS recommended that the Commission included limits on the size of eligible summarizing 30 congressional hearings relax its policies under Section 310(b)(4) transactions and programs. The and numerous outside studies providing of the Communications Act, which Commission agrees that tax deferral both statistical and anecdotal evidence restricts foreign ownership and voting legislation could prove an effective of such private discrimination. Here, in interests in entities that control means to enhance broadcast ownership contrast, the only statistical evidence Commission licensees. DCS claimed diversity. The Commission’s most pertains to discriminatory access to that this action would provide ‘‘U.S. recent Section 257 Report to Congress capital. The rest of the evidence broadcasters, particularly minorities, addresses the benefits of tax certificate available at this time is anecdotal and, who have difficulty access[ing] capital’’ legislation to ownership diversity and therefore, of more limited value. Thus, with ‘‘access to new sources of capital includes a recommendation that it tentatively appears that the existing that are not available to them under the Congress pass such legislation. evidence of past discrimination in this current regulatory paradigm.’’ 238. Incubation. DCS requested that case is not nearly as substantial as that Additionally, in a separate proceeding a the Commission provide waivers of the accepted by courts in other contexts. broad coalition of broadcasters, public local radio ownership rule to interest groups, and media brokers broadcasters that finance or incubate an c. Additional Proposals Related to (Coalition for Broadcast Investment or SDB or a ‘‘valid eligible entity.’’ Minority and Female Ownership CBI) sought clarification of the Specifically, DCS proposed that an 233. As explained above, the Commission’s policies and procedures entity that engages in a specified list of Commission tentatively concludes that, in reviewing applications or ‘‘qualifying incubating activities’’ be if it reinstate the revenue-based eligible transactions that propose foreign granted, under certain conditions, a entity standard, it also would be broadcast ownership that would exceed waiver of the local radio ownership cap appropriate to readopt each of the the 25 percent benchmark contained in ‘‘by one station per incubating activity.’’ regulatory policies the Third Circuit Section 310(b)(4). The Media Bureau 239. The Commission shares concerns remanded in Prometheus II that rely on issued a public notice inviting comment that proposals like DCS’s incubation this standard. Several commenters on the CBI Request. The majority of proposal that would allow blanket asked the Commission to consider comments filed in response to the waivers of the local radio ownership additional measures that they believed public notice supported CBI’s position. rule could create a substantial loophole would foster ownership diversity. For 236. In November 2013, the to the ownership caps without sufficient example, DCS submitted 47 proposals Commission issued a Declaratory Ruling offsetting benefits. The Commission’s that it claimed would ‘‘address the (78 FR 75563, Dec. 12, 2013, FCC 13– local radio rules have been carefully barriers to diverse participation in 150, rel. Nov. 14, 2013) clarifying that calibrated to protect competition and

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new entry. By allowing broadcasters to programmers and commercial 243. Some of DCS’s proposals extend exceed these caps, DCS’s proposal could broadcasters. Given the challenges of into areas that are beyond the result in more local radio consolidation monitoring over time the types of Commission’s authority, including than is presently permitted under the complex financing and other proposals that ultimately would require Commission’s rules. Moreover, it is arrangements suggested under DCS’s legislative action or action by other unclear based on the record in this incubation proposal, there is a federal entities aside from the proceeding what kind of entities should substantial risk that the Commission Commission in order to create changes be eligible to benefit from incubation. would not be able to ensure that such in rules or policies. Other proposals Bonneville/Scranton suggested that the arrangements would be, or involve cable operators and other non- guidelines for determining entities that prospectively would remain, beneficial broadcast services that are outside the would be eligible to be incubated could to eligible entities or other intended scope of the quadrennial review be based on the diversity channel set- beneficiaries. Accordingly, the proceedings. Although these proposals aside requirement adopted by the Commission tentatively declines to are accompanied by detailed and Commission as a condition to the adopt this proposal in this proceeding. thoughtful analysis, and some of them approval of the merger of XM and 241. Migration of VHF Channels 5 may warrant further consideration, the Sirius. In that decision, the Commission and 6. In addition, DCS recommended Commission believes that they are ordered the combined new satellite that the Commission migrate most AM outside the scope of this proceeding. radio entity to set aside channels to service to VHF channels 5 and 6. Aside Thus, the Commission does not encourage new market entry, enhance from DCS, it does not appear that any anticipate taking further action within viewpoint diversity, and promote the party to this proceeding has supported this or successive quadrennial review delivery of programming content to this proposal. The Commission dockets on these proposals because they underserved audiences. Bonneville/ tentatively concludes that this proposal, extend beyond its statutory mandate Scranton suggested that a voluntary which would involve extensive changes under Section 202(h). broadcast incubation program modeled to the Commission’s current licensing 244. AWM Proposals. AWM’s on this condition could permit a rules and spectrum policies, exceeds the proposals include (1) preparing a primer currently licensed broadcaster to select proper scope of this broadcast on investment in broadcast ownership a ‘‘New Voice’’ to incubate based on ownership proceeding. Moreover, the for smaller and regional lenders willing certain minimal Commission Commission notes that Congress has to provide loans to new broadcast requirements and general selection directed the Commission to conduct an entrants; (2) preparing a primer for new considerations, such as small business incentive auction of television broadcast entrants that provides guidance on how size and independence from the spectrum and to reassign the remaining to find financing; (3) establishing a link broadcaster. NABOB cautioned, broadcast channels in order to make on the Commission’s Web site to however, that ‘‘[a]ny policies the more spectrum available for wireless provide information on stations that Commission adopts which do not have use. Migrating AM services to VHF may be available for sale to small the effect of making it desirable for channels 5 and 6 has the potential to businesses; and (4) allowing sellers to industry insiders to seek out minorities interfere with the Commission’s hold a reversionary interest in a for broadcast ownership opportunities implementation of Congress’s directive. Commission license in certain 242. Additional DCS Proposals. Many will be ineffective in increasing circumstances. Although several parties of DCS’s remaining proposals broadly stated that they support some of minority ownership.’’ The Commission recommend changes to a wide range of these proposals, there is little record on is concerned that implementation of Commission licensing, service, and these subjects in the current proceeding. such proposals would pose substantial engineering rules and policies. Several While the Commission agrees that legal, administrative, and practical of these recommendations propose primers on investment and financing challenges. To the extent that the modifications to the AM broadcast could be useful to new entrants, the program were limited to SDBs, it would service. The Commission recently Commission notes that OCBO already pose the Equal Protection concerns adopted a notice of proposed engages in activities that provide similar described in detail above. If it were rulemaking which seeks to revitalize the resources to broadcasters and potential instead extended in the manner AM band by identifying ways to investors, including the regularly suggested by Bonneville/Scranton, it enhance AM broadcast quality and scheduled Capitalization Strategies would be difficult for the Commission proposing technical rules that would Workshops noted above and in the to administer as a broad-based program enable AM stations to improve their NPRM. The Commission also believes and could potentially open a wide service. The AM Revitalization NPRM that specific advice about investment loophole in the ownership rules, while (78 FR 69629, Nov. 20, 2013, FCC 13– and financing is more appropriately possibly having little or no significant 139, rel. Oct. 29, 2013) solicits comment provided by private parties that are effect on minority and female on some of the technical issues DCS has directly involved in the financial ownership. raised in this proceeding, including marketplace than by the Commission. 240. In addition, the Commission is modification of: (1) Daytime community 245. In response to AWM’s proposal concerned that it would not be feasible coverage standard for existing AM that the Commission create a public for it to monitor adequately the stations; (2) nighttime community listing of stations that may be available activities that would qualify an entity coverage standards for existing AM for sale to small businesses, the for an incubation waiver. As proposed stations; and (3) AM antenna efficiency Commission note that the Commission by DCS, qualifying activities would standards. The Commission anticipates currently does not have at its disposal encompass a broad array of that the AM Revitalization NPRM will the information that would be necessary arrangements, including, among others, lead to an examination of important to create such a resource. In addition, underwriting or financing the issues regarding the viability of AM the Commission believes that many operations of eligible entities, providing broadcast service, and thus, address licensees would object to any loans or other financial assistance to many of the concerns of minority requirement that would obligate them to eligible entities, and local marketing broadcasters regarding the technical make publicly available information arrangements between independent aspects of their licensed services. regarding their plans to sell specific

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stations. Finally, the Commission Agreements (SSAs), it proposes to agreements, local news sharing (LNS) tentatively finds that AWM’s proposal require the disclosure of SSAs by agreements, as matters of concern, but to allow sellers to hold a reversionary commercial television stations, and it acknowledging that these terms were interest in broadcast licensees as a seeks comment on the appropriate not defined in Commission rules. The means of financing sales of broadcast method for achieving such disclosure. NPRM invited views on the potential stations to women and minorities does While considering whether to require impact of such agreements on the not address the Commission’s historical the filing of SSAs and how the term Commission’s ownership rules and concerns about reversionary interests SSA should be defined for this purpose fundamental policy goals. It identified and is insufficiently developed to in order to obtain information that will potential concerns about such support departure from the inform the Commission’s decision about agreements and potential benefits and Commission’s longstanding policy what, if any, general rules might be invited submissions of further against the holding of such interests. At appropriate with respect to such information about how to define such this time, therefore, the Commission agreements, the Commission will, of agreements and comment on whether does not believe there is sufficient course, continue to consider such joint they should be attributed or disclosed. justification to adopt these proposed agreements, as relevant and appropriate, 249. The records in the Enhanced measures. in deciding whether particular Disclosure proceeding and in the 2010 individual transactions serve the public Quadrennial Review proceeding do not E. Disclosure of Shared Service interest. Once disclosure is achieved, contain comprehensive data or Agreements the Commission will be able to study information about the breadth, content, 1. Introduction these agreements and to determine what or prevalence of sharing agreements between stations that are not commonly 246. In this Further Notice of further regulatory action, if any, it owned. The Commission is not aware of Proposed Rulemaking, the Commission should take with respect to them. any public source for this information. considers whether to require broadcast 2. Background Although some such agreements are stations to disclose agreements for 247. In the Enhanced Disclosure filed with the Commission in sharing services and/or resources with FNPRM (76 FR 71267, Nov. 17, 2011, connection with applications for other broadcast stations that are not FCC 11–162, rel. Oct. 27, 2011), the assignment or transfer of control of commonly owned, as discussed in Commission sought comment on broadcast licenses, the Commission has greater detail below, to the extent that whether to require the disclosure of no way of knowing how many of these such agreements are not already sharing agreements that were not agreements exist or what they cover. separately defined and required to be already defined and required to be The comments in the earlier filed and/or disclosed under the disclosed under the Commission’s rules proceedings make clear that there are Commission’s rules (e.g., LMAs and (as are, for example, LMAs and JSAs), various types of sharing agreements, JSAs). Commenters in a number of and whether to require stations to including those that implicate local proceedings have expressed concern include such agreements in their online news production, that can involve about the impact on competition, public files. Commercial television differing levels of coordination—from localism, and diversity of agreements stations (full-power and Class A) are those that involve back office functions whereby one station shares studio required under Section 73.3526 of the or leases of property or equipment, to space, operational support, staff, Commission’s rules to maintain a local the sharing of raw video footage, to programming, and/or other services or public inspection file, the contents of rebroadcasts of another station’s entire support with a separately owned which include, inter alia, the station’s newscast, to near-total outsourcing of a station. Often these sharing agreements current authorization, citizen station’s day-to-day operations. are executed in conjunction with an agreements, issues/programs lists, radio Accordingly, any impact on viewers or option, right of first refusal, put/call and television LMAs, and radio and markets could vary depending on the arrangement, or other similar contingent television JSAs. Historically, the file substance of the agreement and the level interest, or a loan guarantee. Because was located at the station’s main studio; of coordination. In the absence of the Commission does not currently however, in the Enhanced Disclosure greater information about the number of require the filing or disclosure of all proceeding, among other actions, the agreements that exist in the market and such agreements, the Commission and Commission modified Section 73.3526 their content, the Commission and the the public lack information about the for commercial television stations to public cannot fully evaluate the content or breadth of the agreements or require that most of the contents of the potential public interest harms and the frequency of their use, inhibiting a public file (e.g., LMAs and JSAs) be benefits of various arrangements, which thorough analysis of the impact of these included in an online public file hosted is necessary for the Commission to arrangements on the Commission’s rules by the Commission. In the Enhanced formulate sound public policy. and policy goals. Accordingly, in order Disclosure Second R&O (77 FR 27631, to enable the Commission and the May 11, 2012, FCC 12–44, rel. Apr. 27, 3. Discussion public to better understand the terms, 2012), the Commission declined to 250. The Commission believes that operation, and prevalence of these adopt any new disclosure requirements commenters have raised important agreements, the Commission proposes for sharing agreements but indicated issues about how and to what extent to define a class of sharing agreements that it would continue to monitor the sharing agreements implicate the that could impact its rules and policy issue and revisit the disclosure Commission’s competition, localism, goals and to require the disclosure of requirement in the future. and diversity policy objectives. those agreements to enable a 248. Concurrent with the pendency of Consideration of these issues is comprehensive assessment of their the Enhanced Disclosure proceeding, impeded because so little is known impact. Specifically, in this Further the Commission sought comment in the about the content, scope, and Notice of Proposed Rulemaking the NPRM about various types of sharing prevalence of sharing agreements. In Commission proposes to define a agreements, noting that commenters to order to assess these issues, however, category of sharing agreements the NOI had specifically identified the Commission must first define the designated herein as Shared Service sharing agreements and a subcategory of agreements between stations that are

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relevant to its improved understanding collaborate to provide or enable the about the breadth and prevalence of of how stations share services and provision of station-related services, agreements across the marketplace? The resources and then create a mechanism including, but not limited to, Commission seeks comment also on the for making such arrangements administrative, technical, sales, and/or proposed definition. Is it broad enough transparent to the public and the programming support, to one or more of to include all types of resource sharing Commission. Accordingly, the the collaborating stations. and service agreements between stations Commission seeks comment on a 253. The Commission believes that that may be relevant to the proposed definition of SSAs and a this definition, by focusing on the Commission’s policy making initiatives? requirement that commercial television provision of station-related services and Is the definition too broad, such that it stations be required to disclose these collaboration by and between broadcast would apply to agreements that do not agreements to the public and the stations, encompasses the universe of involve the provision of station-related Commission. This is a necessary first agreements that are broadly referred to services and/or collaboration between step in determining whether the as ‘‘sharing agreements.’’ This would stations to enable the provision of such Commission’s public interest goals will include, for example, the provision of services? Is there an alternate definition be furthered through additional back office services by one that would better serve the regulation of these agreements, as some independently owned station to Commission’s purpose? The commenters suggest. another; a joint news-gathering Commission’s transaction review operation; or the joint negotiation of experience indicates that SSAs are often a. Definition of Shared Service retransmission consent agreements. Agreement accompanied by contingent interest Each such example is a type of resource agreements. The Commission seeks 251. Commenters refer to sharing sharing, among many others, and the comment on whether this is also the agreements using various terms, such as agreements that govern such case for SSAs that are not part of a sharing agreements, SSAs, or LNS arrangements are appropriately referred transaction. If so, the Commission seeks agreements; however the Commission’s to as SSAs. These agreements, including comment on whether and how it should rules do not define these terms. LMAs those that relate to ‘‘back office’’ seek to achieve additional transparency and JSAs are two types of sharing functions, reflect the range of concerning such contingent interest agreements that are defined in the interaction between stations, and the arrangements in this this proceeding. Commission’s rules. A single sharing Commission believes that disclosure of The Commission encourages those who agreement, however named, may all such agreements will permit it to disagree with the proposed definition to include provisions for time brokerage, understand the scope of station provide specific alternative language to local news production, joint advertising interactions so that it can more define SSAs for purposes of this sales, and various other station-related effectively advance its public policy proceeding. services. All of these different kinds of goals in this area. arrangements present questions about 254. Moreover, the Commission 256. Should the term SSA instead be the level and type of coordinated believes that the definition of SSA defined more narrowly, and if so how? activity that may exist between stations should not be limited to only those For example, are there sharing and the impact of such cooperation on agreements to which station licensees agreements that are insignificant to the the public interest. Therefore, the are parties, as the licensees are not operation of the station(s), such that Commission tentatively concludes that always a party to the sharing agreement disclosure would not meaningfully it should define SSAs broadly enough to that affects their station’s operations. benefit the Commission’s or the public’s capture all types of resource sharing and For example, the parent company of one understanding of station operations, and collaboration that may take place station may contract with the parent that should thus be excluded from the between stations as the best means to company of another independently definition of SSA for this purpose? If so, inform the public and the Commission owned station to provide station-related what types of exclusions to the about the scope of any joint activities services for the first station, using the definition should the Commission between stations. This information will same employees for both stations. If the adopt? Would a de minimis financial provide the basis for informed decision definition were limited to agreements exception be appropriate (i.e., if the total making about any necessary future that involved licensees, this type of dollar amount of the goods or services Commission regulation impacting SSAs agreement would arguably not be provided under the agreement is below or particular categories of SSAs. included, even though this is certainly a certain total dollar amount)? If so, 252. Accordingly, for the purpose of an example of the type of sharing what should the cutoff be? How should implementing the proposed disclosure agreement the Commission seeks to the Commission determine where to set requirements discussed below, the identify. Accordingly, limiting the the cutoff? Could such an exclusion Commission tentatively defines an SSA definition of SSAs to agreements omit significant agreements that involve as any agreement or series of between licensees would exclude in-kind contributions? Should the agreements, whether written or oral, in existing agreements that the Commission define SSAs to implicate which (1) a station, or any individual or Commission intends to include in the only agreements that involve local news entity with an attributable interest in the definition, as well as afford a means to operations or the provision or station, provides any station-related evade any disclosure requirements. production of programming? Is so, how services, including, but not limited to, Neither outcome would serve the public would such a definition be crafted? administrative, technical, sales, and/or interest. Would it implicate any special legal or programming support, to a station that 255. The Commission seeks comment Constitutional considerations? If so, is not under common ownership (as on the tentative conclusion that SSAs how could the Commission address defined by the Commission’s attribution should be defined broadly to enable the such issues? Should the Commission rules); or (2) stations that are not under Commission and the public to limit the definition of SSAs only to common ownership (as defined by the understand the potential concerns and those involving stations in the same Commission’s attribution rules), or any benefits of these agreements. Is a broad local market? Could such a limitation individuals or entities with an definition the most appropriate way to exclude agreements that have a attributable interest in those stations, inform the Commission and the public significant impact on station operations

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or programming? As discussed in the 258. The Commission believes that policies (e.g., LMAs and JSAs). The following section, the Commission disclosure of such agreements involving Commission does not believe that the proposes to limit disclosure of SSAs to commercial television stations will adoption of any proposal in this Further commercial television stations. permit the Commission to better Notice of Proposed Rulemaking should Accordingly, should the Commission understand the operation of stations and result in a duplicate disclosure limit the definition of SSAs to only to assess the impact, if any, of SSAs on obligation for such agreements. For those agreements involving exclusively the television marketplace. example, if the Commission were to commercial television stations? The Furthermore, members of the public extend the existing public inspection Commission notes that commenters will be able to gain a greater file disclosure requirement for LMAs focus primarily on sharing agreements understanding of the relationships and JSAs to SSAs, an agreement that involving commercial television between independently owned stations satisfies the definition of a JSA and an stations; accordingly, the Commission that are parties to SSAs, which will SSA would only need to be placed in tentatively concludes that any allow them to evaluate whether such the public inspection file once. disclosure requirement for SSAs should interaction has an impact on However, in the event that the be limited to agreements involving programming or other station Commission adopts a disclosure exclusively commercial television operations. The Commission seeks requirement for SSAs that is different stations. The Commission seeks comment on its tentative conclusion than the disclosure requirements comment on whether to expand the that disclosure of SSAs as defined already in existence for other types of disclosure requirement to include herein is necessary to enable the sharing agreements—for example, a agreements involving commercial radio Commission and the public to assess the dedicated docket in the Commission’s stations and/or noncommercial stations. implications of these agreements for the Electronic Comment Filing System Are there many examples of agreements marketplace and the Commission’s (ECFS) or a new form—the Commission between commercial television stations public policy goals. Does the seeks comment on the extent to which and other types of stations (e.g., Commission have any alternate means that disclosure requirement should noncommercial stations, AM/FM of assessing the breadth and prevalence apply to other sharing agreements that stations)? What are the costs and of these agreements or their impact and are already subject to various disclosure benefits of the definition the implications? If so, what means are requirements, as well as the associated Commission proposes and of any currently available to the Commission benefits, burdens, and costs of any such alternate definitions offered? How and the public? approach. would a narrower definition be 260. Should the Commission consider 259. The Commission seeks comment reconciled with the Commission’s and a requirement that SSAs be filed on the manner in which SSAs are to be the public’s interest in understanding pursuant to Section 73.3613 of the disclosed to the public and the the breadth and prevalence of Commission’s rules? What are the Commission. For example, should a agreements across the marketplace? benefits or drawbacks of this television station be required to place a alternative? Pursuant to Section b. Disclosure of Shared Service copy of each SSA for the station in its 73.3613, licensees or permittees of Agreements public inspection file? Under such a commercial or noncommercial AM, FM, 257. Although the Commission requirement, should the Commission television, or International broadcast believes that commenters have raised require that these agreements be placed stations must file copies of certain meaningful concerns about the potential in the local public inspection file contracts (including written summaries impact of sharing agreements on located in the station’s main studio or of oral contracts) with the Commission competition, diversity, and localism in in the station’s online public file, or within 30 days of execution. These television markets, it also acknowledges both? Should the disclosure contracts cover a broad array of that broadcast commenters have requirement apply to each station that is agreements that relate to station provided evidence that such agreements involved in the agreement (e.g., the ownership and operation. Because the may produce public interest benefits. recipient of services and the provider of Commission proposes to limit the Currently, the Commission and the the services)? Would a requirement to disclosure of SSAs to commercial public lack a full understanding of the disclose only in a physical (i.e., not television stations, as noted above, any agreements and the ability to assess the online) public inspection file limit the new filing requirement under 73.3613 impact of the agreements on Commission’s and the public’s ability to would be similarly tailored. How would Commission policy goals. Thus, the learn about the content, scope, and such a requirement be structured? Commission tentatively concludes that prevalence of sharing agreements? The Should the Commission consider disclosure of SSAs as defined in this Commission already requires that all adopting a different filing process? For proceeding is necessary to inform the radio and television LMAs and JSAs example, should the Commission create Commission and the public of joint between commercial broadcast stations a new form to be filed with the operations and collaborations between be disclosed by placing them in the Commission or open a dedicated docket independently owned commercial station’s public file, regardless of in ECFS, in which licensees, permittees, television stations. Section 73.3613, whether the agreements are attributable or applicants would file copies of which governs the filing of contracts or filed with the Commission. Should agreements? What would such a process with the Commission, requires that a the Commission extend this existing entail and what would be the benefits summary of the substance of oral requirement for LMAs and JSAs to and/or drawbacks of that process? contracts subject to filing under that include all SSAs for commercial 261. In addition, the Commission section must be reported in writing. The television stations? What are the costs proposes that any disclosure Commission proposes that any and benefits of each method of requirement it may adopt be subject to disclosure requirement it may adopt for disclosure? As noted above, certain the same redaction allowances made SSAs similarly require that the types of sharing agreements are already available with respect to the filing of substance of oral SSAs be reported in specifically defined in the LMAs and JSAs, namely, that licensees writing. The Commission seeks Commission’s rules and are already may redact confidential or proprietary comment on this proposal. subject to various regulations and information. Currently, stations are

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permitted to redact confidential or presentation. If the presentation delivered to FCC Headquarters at 445 proprietary information when disclosing consisted in whole or in part of the 12th St. SW., Room TW–A325, LMAs and JSAs, though the information presentation of data or arguments Washington, DC 20554. The filing hours must be made available to the already reflected in the presenter’s are 8:00 a.m. to 7:00 p.m. All hand Commission upon request. The written comments, memoranda or other deliveries must be held together with Commission proposes that the same filings in the proceeding, the presenter rubber bands or fasteners. Any procedure apply to the disclosure of may provide citations to such data or envelopes and boxes must be disposed SSAs. Would this approach be desirable arguments in his or her prior comments, of before entering the building. with respect to the disclosure memoranda, or other filings (specifying D Commercial overnight mail (other requirements the Commission is the relevant page and/or paragraph than U.S. Postal Service Express Mail proposing here? Should it consider numbers where such data or arguments and Priority Mail) must be sent to 9300 limiting any disclosure or filing can be found) in lieu of summarizing East Hampton Drive, Capitol Heights, requirement to larger markets, such as them in the memorandum. Documents MD 20743. the top 50 or 100 Designated Market shown or given to Commission staff D U.S. Postal Service first-class, Areas? What considerations would during ex parte meetings are deemed to Express, and Priority mail must be justify any proposed limitation, and be written ex parte presentations and addressed to 445 12th Street SW., what other factors should the must be filed consistent with rule Washington, DC 20554. Commission consider in evaluating any 1.1206(b). In proceedings governed by 264. People with Disabilities: To limitation? While such an approach rule 1.49(f) or for which the request materials in accessible formats might reduce burdens on stations in Commission has made available a for people with disabilities (braille, smaller markets, is the impact of SSAs method of electronic filing, written ex large print, electronic files, audio in smaller markets potentially greater parte presentations and memoranda format), send an email to [email protected] due to the typically smaller number of summarizing oral ex parte or call the Consumer & Governmental stations in these markets, such that presentations, and all attachments Affairs Bureau at (202) 418–0530 limiting disclosure to larger markets thereto, must be filed through the (voice), (202) 418–0432 (tty). would not be advisable? For each electronic comment filing system C. Supplemental Initial Regulatory potential alternative proposed, the available for that proceeding, and must Flexibility Analysis Commission seeks comment on the be filed in their native format (e.g., .doc, 265. As required by the Regulatory associated benefits, burdens, and costs. .xml, .ppt, searchable .pdf). Participants Flexibility Act of 1980, as amended How much time should it provide for in this proceeding should familiarize (RFA), an Initial Regulatory Flexibility stations to come into compliance with themselves with the Commission’s ex Analysis (IRFA) was incorporated in the this proposed filing requirement? What parte rules. NPRM in this proceeding. The burdens would the proposed disclosure B. Comment Filing Procedures Commission sought written public requirement place on stations, and what comment on the proposals in the NPRM, costs are associated with those burdens? 263. Comments and Replies. Pursuant including comment on the IRFA. The How often would these burdens or costs to §§ 1.415 and 1.419 of the Commission received no comments in be incurred? Do SSAs as defined herein Commission’s rules, 47 CFR 1.415 and direct response to the IRFA. typically last for a period of multiple 1.419, interested parties may file Additionally, the Commission has years, and if so does that fact mitigate comments and reply comments on or prepared this Supplemental IRFA of the any associated burdens or costs, and by before the dates indicated on the first possible significant economic impact on how much? How would the possible page of this document. Comments may small entities of the proposals in the exclusions from the definition of SSA be filed using the Commission’s Further Notice of Proposed Rulemaking. discussed above impact the burdens and Electronic Comment Filing System Written public comments are requested costs? (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, on this Supplemental IRFA. Comments II. Procedural Matters 63 FR 24121 (1998). must be identified as responses to the D Supplemental IRFA and must be filed A. Ex Parte Rules Electronic Filers: Comments may be filed electronically using the Internet by by the deadlines for comments provided 262. Permit-But-Disclose. The accessing the ECFS: http:// on the first page of the Further Notice proceeding for this Further Notice of fjallfoss.fcc.gov/ecfs2/. of Proposed Rulemaking. The Proposed Rulemaking shall be treated as D Paper Filers: Parties who choose to Commission will send a copy of the a ‘‘permit-but-disclose’’ proceeding in file by paper must file an original and Further Notice of Proposed Rulemaking, accordance with the Commission’s ex one copy of each filing. If more than one including this Supplemental IRFA, to parte rules. Persons making ex parte docket or rulemaking number appears in the Chief Counsel for Advocacy of the presentations must file a copy of any the caption of this proceeding, filers Small Business Administration (SBA). written presentation or a memorandum must submit two additional copies for In addition, the Further Notice of summarizing any oral presentation each additional docket or rulemaking Proposed Rulemaking and within two business days after the number. Supplemental IRFA (or summaries presentation (unless a different deadline Filings can be sent by hand or thereof) will be published in the Federal applicable to the Sunshine period messenger delivery, by commercial Register. applies). Persons making oral ex parte overnight courier, or by first-class or presentations are reminded that overnight U.S. Postal Service mail. All 1. Need for, and Objectives of, the memoranda summarizing the filings must be addressed to the Further Notice of Proposed Rulemaking presentation must (1) list all persons Commission’s Secretary, Office of the 266. The Further Notice of Proposed attending or otherwise participating in Secretary, Federal Communications Rulemaking initiates the 2014 the meeting at which the ex parte Commission. Quadrennial Review of the broadcast presentation was made, and (2) D All hand-delivered or messenger- ownership rules, which was initiated summarize all data presented and delivered paper filings for the pursuant to Section 202(h) of the arguments made during the Commission’s Secretary must be Telecommunications Act of 1996 (1996

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Act). This review will incorporate and a digital NLSC test, rather than the interest is best served by retaining the build on the record of the ongoing 2010 DMA-based approach proposed in the existing television ownership limits. Quadrennial Review. The Commission NPRM. The Commission believes that Moreover, the Commission believes that is required by statute to review its the local television ownership rule is the existing waiver standard is not media ownership rules every four years necessary to promote competition. The unduly restrictive and that it provides to determine whether they ‘‘are Commission further believes that the appropriate relief in markets of all sizes. necessary in the public interest as the competition-based rule proposed in the Waiver of the Commission’s rules is result of competition’’ and to ‘‘repeal or Further Notice of Proposed Rulemaking meant to be exceptional relief, and the modify any regulation it determines to also would promote viewpoint diversity item tentatively finds that the existing be no longer in the public interest.’’ by helping to ensure the presence of waiver criteria strike an appropriate 267. The media ownership rules that independently owned broadcast balance between enforcing the are subject to this quadrennial review television stations in local markets and ownership limits and providing relief are the local television ownership rule, would be consistent with the from the rule on a case-by-case basis. the local radio ownership rule, the Commission’s localism goal. The 271. Local Radio Ownership Rule. The newspaper/broadcast cross-ownership Commission finds that the local Further Notice of Proposed Rulemaking rule, the radio/television cross- television ownership rule proposed in seeks comment on whether the current ownership rule, and the dual network the Further Notice of Proposed local radio ownership rule remains rule. As discussed in more detail below, Rulemaking would be consistent with necessary in the public interest and the Further Notice of Proposed the goal of promoting minority and should be retained without Rulemaking proposes to retain two rules female ownership of broadcast modification. The Further Notice of without modification—the local radio television stations. The Commission Proposed Rulemaking seeks comment ownership rule and the dual network believes that the competition-based rule also on whether to retain the existing rule—and seeks comment on potential would also indirectly advance the AM/FM subcaps. changes to two others—the local Commission’s viewpoint diversity goal 272. The Commission tentatively television ownership rule and the by helping to ensure the presence of finds that the current local radio newspaper/broadcast cross-ownership independently owned broadcast ownership rule remains necessary in the rule. The Further Notice of Proposed television stations in the local market, public interest and should be retained Rulemaking also seeks comment on thereby increasing the likelihood of a without modification. The Commission whether to eliminate the radio/ variety of viewpoints. In addition, while believes that the rule is necessary to television cross-ownership rule. In the Commission does not propose to promote competition. In addition, the addition, the Further Notice of Proposed retain the rule with the specific purpose Commission believes that the radio ownership limits promote viewpoint Rulemaking seeks comment on issues of preserving the current levels of diversity ‘‘by ensuring a sufficient referred to the Commission in the Third minority and female ownership, the number of independent radio voices and Circuit’s remand in Prometheus Radio Commission tentatively finds that by preserving a market structure that Project v. FCC (Prometheus II) of certain retaining the existing rule would facilitates and encourages new entry aspects of the Commission’s 2008 effectively address the concerns of those into the local media market.’’ Similarly, Diversity Order. Lastly, the Further commenters who suggested that the Commission tentatively finds that a Notice of Proposed Rulemaking seeks additional consolidation would have a competitive local radio market helps to comment on the proposed disclosure of negative impact on minority and female certain sharing agreements. promote localism, as a competitive ownership of broadcast television 268. Local Television Ownership Rule. marketplace will lead to the selection of stations. Ultimately, the Commission In the Further Notice of Proposed programming that is responsive to the Rulemaking, the Commission seeks believes that its proposed limited needs and interests of the local comment on whether the current local modification of the rule will better community. The Commission television ownership rule remains promote competition, and that this tentatively finds also that the local radio necessary in the public interest and benefit would outweigh any burdens, ownership rule is consistent with the should be retained with a limited which would be minimized by the goal of promoting minority and female modification. Specifically, the proposal to grandfather combinations. ownership of broadcast television Commission seeks comment on whether 270. The Further Notice of Proposed stations. Ultimately, the Commission to retain the existing ownership limits, Rulemaking also tentatively concludes believes that these benefits outweigh including the top-four prohibition and that retaining the existing failed/failing any burdens that may result from its the eight voices test, but replace the station waiver criteria would be in the proposal to retain the rule without Grade B contour overlap test used to public interest. The Commission modification. determine when to apply the local evaluated the various proposed waiver 273. The Commission agrees with television ownership rule with a digital standards proffered by commenters, and commenters that supported retention of noise limited service contour (NLSC) is concerned that many of the proposed the AM subcaps in order to promote test, rather than the DMA-based waiver criteria would be difficult to new entry. The Commission believes approach proposed in the NPRM. monitor or enforce, are not rationally that broadcast radio, in general, 269. The item tentatively concludes related to the ability of each station to continues to be a more likely avenue for that the current local television compete in the local market, and could new entry in the media marketplace— ownership rule remains necessary in the be manipulated in order to obtain a including entry by small businesses and public interest and should be retained waiver. Ultimately, the Commission entities seeking to serve niche with a limited modification. Based on predicts that such standards would audiences—as a result of radio’s ability the current media marketplace and the significantly expand the circumstances to more easily reach certain record in this proceeding, the public in which a waiver of the local television demographic groups and the relative interest would be best served by ownership rule would be granted. The affordability of radio stations compared replacing the Grade B contour overlap Commission is concerned that such to other mass media. AM stations are test used to determine when to apply relaxation would be inconsistent with generally the least expensive option for the local television ownership rule with the tentative conclusion that the public entry into the radio market, often by a

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significant margin, and therefore permit tightening the subcaps absent a Proposed Rulemaking seeks comment new entry for far less capital investment concurrent tightening of the numerical on whether the Commission should than is required to purchase an FM ownership limits would result in an provide for an exception to a station. While some commenters internal inconsistency in the rule, as an newspaper/television cross-ownership suggested that eliminating the subcaps entity would be unable to own all the prohibition if the merger applicant could result in divestiture of properties stations otherwise permitted under demonstrates that either the television that could be acquired by new entrants, certain numerical tiers. For example, in station or the newspaper has failed or is the Commission tentatively finds that markets with 30–44 stations, an entity failing. The Further Notice of Proposed this speculative rationale is not currently may own up to seven stations, Rulemaking also seeks comment on persuasive. Therefore, consistent with provided that no more than four of the possible modifications to the 2006 rule Commission precedent, the Commission stations are in the same service. If the to adjust for aspects of that rule that believes that the public interest is best subcap was tightened to three stations may be obsolete, difficult to prove or served by retaining the existing AM in the same service, an entity could then enforce, or ineffectual. subcaps, which would continue to only own up to six stations, even though 279. In the event that the newspaper/ further competition, and possibly also the rule’s premise is that the public television restriction were to be revised, viewpoint diversity, by promoting new interest is best served by permitting the Further Notice of Proposed entry. ownership of up to seven stations in this Rulemaking seeks comment on the 274. In addition, the Commission particular market. following aspects of the rule. First, tentatively finds that there continue to 277. Newspaper/Broadcast Cross- should the obsolete analog Grade A be technical and marketplace Ownership Rule. The Further Notice of contour be replaced with an approach differences between AM and FM Proposed Rulemaking seeks comment that uses both the DMA and the digital stations that justify retention of both the on the Commission’s previous finding, the principal community contour (PCC) AM and FM subcaps in order to which has been upheld in the courts, to determine when the newspaper/ promote competition in local radio that the current absolute ban on television prohibition applies in order markets. As the Commission has noted newspaper/broadcast cross-ownership, to approximate the former analog previously, FM stations enjoy unique first adopted in 1975, is overly broad. contour approach as closely as possible? technical advantages over AM stations, The Commission continues to believe Second, should the four-factor test that such as increased bandwidth and that some restriction on newspaper/ all waiver applicants, even those superior audio signal fidelity. In broadcast cross-ownership is necessary entitled to a favorable presumption, addition, AM signal propagation varies to protect and promote viewpoint were required to satisfy under the 2006 with the time of day (i.e., AM signals diversity in local markets; this view is rule be eliminated? The Further Notice travel much farther at night than during consistent with the Commission’s of Proposed Rulemaking suggests that the day), and many AM stations are longstanding rationale for the NBCO the factors were vague, subjective, required to cease operation at sunset. rule. The Supreme Court has recognized difficult to prove and enforce, and/or These technological differences often, the importance of the Commission’s role not directly linked to viewpoint but not always, result in greater in promoting viewpoint diversity, diversity. Third, should the previous listenership and revenues for FM calling it a ‘‘basic tenet of national local news exception permitted by the stations. communications policy.’’ 2006 rule under which the Commission 275. While the technological and 278. In addition, the Further Notice of reversed the negative presumption marketplace differences between AM Proposed Rulemaking seeks further against a waiver when the proposed and FM stations generally benefit FM comment on whether the restriction on combination involved a broadcast stations, and thus support retention of newspaper/broadcast cross-ownership is station that had not been offering local the FM subcaps, there continue to be necessary to protect and promote newscasts and the applicants committed many markets in which AM stations are viewpoint diversity in local markets. to airing at least seven hours of local ‘‘significant radio voices.’’ For example, The Further Notice of Proposed news per week after the transaction be a study provided by Clear Channel Rulemaking seeks comment on whether eliminated? The Commission tentatively found that throughout the 300 Arbitron the absolute ban should be revised to concludes that the potential difficulties Metro markets, there are 187 a.m. allow combinations that would not in monitoring and enforcing such an stations ranked in the top five in terms unduly harm viewpoint diversity or exception would render it meaningless. of all-day audience share. And localism. The Further Notice of 280. Radio/Television Cross- according to NAB, AM stations are Proposed Rulemaking specifically Ownership Rule. The Further Notice of among the top revenue earners in some requests comment on whether the Proposed Rulemaking seeks comment of the largest radio markets (e.g., New prohibition on newspaper/radio on whether the radio/television cross- York, Chicago, and Los Angeles). combinations should be eliminated. The ownership rule, which limits the Therefore, the Commission tentatively Further Notice of Proposed Rulemaking combined number of commercial radio finds that retention of the existing AM seeks comment on approaches that and television stations a single entity subcaps is necessary to prevent a single would retain a ban on newspaper/ may own in the same market, is no station owner from acquiring excessive television combinations in all markets longer necessary in the public interest, market power through concentration of and further seeks comment on whether and whether it should be repealed. ownership of AM stations in markets in to entertain waiver requests on a pure Based on the current media marketplace which AM stations are significant radio case-by-case approach, assessing each and the evidence adduced in this voices. request independently and considering proceeding, the Further Notice of 276. In addition, the Commission the totality of the circumstances each Proposed Rulemaking seeks comment tentatively concludes that it is not in the proposed transaction presents, or on a on whether the local television public interest to tighten the numerical case-by-case waiver approach that ownership rule and the local radio ownership limits; therefore, the would include presumptions that favor ownership rule, which the Further Commission sees no need to reassess the or disfavor the grant of waiver requests Notice of Proposed Rulemaking subcaps associated with each numerical in accordance with certain prescribed proposes to retain with limited tier, as proposed by Mt. Wilson. Indeed, guidelines. The Further Notice of modification, adequately serve the goals

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this rule was intended to promote, newsrooms, an increase in staffing for competition and localism and should be namely, competition and diversity in news and informational programs, or retained without modification. local markets. Thus, the Further Notice additional local news coverage on radio 286. The Commission tentatively of Proposed Rulemaking seeks comment stations. finds that the dual network rule remains on whether this additional prohibition 283. The Commission considered necessary in the public interest to foster on the cross-ownership of broadcast carefully whether there is evidence in competition in the provision of facilities is unnecessary. Further, the the current record that elimination of primetime entertainment programming Further Notice of Proposed Rulemaking the radio/television cross-ownership and the sale of national advertising seeks comment on whether this rule would likely adversely affect time. Specifically, the Commission simplification of the rules will have minority and female ownership. The tentatively finds that the primetime minimal effects in most markets. Commission believes that the current entertainment programming supplied by 281. The Commission tentatively record does not establish that such harm the top-four broadcast networks is a finds that the radio/television cross- is likely. Furthermore, the Commission distinct product, the provision of which ownership rule is not necessary to does not believe that record evidence could be restricted if two of the four promote competition. The Commission shows that the cross-ownership ban has major networks were to merge. The has found previously that most protected or promoted minority or Commission also tentatively finds that, advertisers do not consider radio and female ownership of broadcast stations, consistent with past Commission television to be good substitutes for one or that it could be expected to do so in findings, the top-four broadcast another, and that television and radio the future. Notably, radio/television networks comprise a ‘‘strategic group’’ stations neither compete in the same cross-ownership combinations were not in the national advertising market and product market nor do they bear any the focus of commenters’ concerns compete largely among themselves for vertical relation to one another. This raised in response to the NPRM. In fact, advertisers that seek to reach large, position is consistent with the long- no commenter to the NPRM presented national mass audiences. Accordingly, standing conclusion of the Department empirical data or other analyses that the Commission continues to believe of Justice, which considers radio established that repeal of this rule that a top-four network merger would advertising as a separate antitrust would harm competition, localism, or substantially lessen competition for market for purposes of its competition viewpoint diversity in local markets. advertising dollars in the national analysis. Similarly, the Commission The Commission tentatively concludes advertising market, which would, in tentatively finds that most consumers that the rule is not necessary to promote turn, reduce incentives for the networks do not consider radio and television competition or localism, and the record to compete with each other for viewers stations to be substitutes for one another reflects that most radio commercial by providing innovative, high quality and do not switch between television stations do not broadcast significant programming. Based on their distinctive viewing and radio listening based on amounts of local news and information. characteristics relative to other program content. Nothing in the current The current record does not suggest that broadcast and cable networks, the record undermines the Commission’s minority/female-owned radio stations Commission tentatively finds that the previous conclusion that a television- contribute more significantly to top-four broadcast networks serve a radio combination, therefore, cannot viewpoint diversity than other radio unique role in the provision of adversely affect competition in any stations or broadcast more meaningful primetime entertainment programming relevant product market. Given that amounts of local news on which and the sale of national advertising time radio and television stations do not consumers rely as a primary source of that justifies retaining a rule specific to appear to compete in the same market information. them. and that the local television and radio 284. Moreover, while the Commission 287. In addition, the Commission rules would prevent significant acknowledges the concerns raised by tentatively finds that, consistent with additional consolidation even in the NABOB and others advocating for past Commission findings, the dual absence of this rule, the record does not additional minority ownership network rule remains necessary to suggest that repeal of the radio/ opportunities, the Commission agrees promote the Commission’s localism television cross-ownership rule would with commenters, including NAB, that goal. Specifically, the Commission harm competition. the low level of minority and female tentatively finds that the rule remains 282. The Commission tentatively broadcast ownership cannot be necessary to preserve the balance of finds that the radio/television cross- attributed solely or primarily to bargaining power between the top-four ownership rule is not necessary to consolidation. Nor has any commenter networks and their affiliates, thus promote localism. The Commission shown that these low levels of improving the ability of affiliates to agrees with industry commenters who ownership are a result of the existing exert influence on network maintained that some limited cross- radio/television cross-ownership rule. programming decisions in a manner that ownership could create efficiencies that The Commission recognizes the best serves the interests of their local could benefit the public should presence of many disparate factors, communities. Typically, a critical role broadcasters choose to invest additional including, most significantly, access to of a broadcast network is to provide its resources in the production of local capital, as longstanding, persistent local affiliates with high quality news and information programming. impediments to ownership diversity in programming. Because this When broadcasters engage in joint broadcasting. programming is distributed across the operations, whether those operations are 285. Dual Network Rule. The Further country, broadcast networks have an focused on programming and news Notice of Proposed Rulemaking economic incentive to ensure that the gathering or back office matters, the tentatively concludes that the dual programming both appeals to a mass, Commission believes it likely that network rule, which permits common nationwide audience and is widely financial efficiencies result. Such ownership of multiple broadcast shown by affiliates. A network’s local efficiencies could lead ultimately to networks, but prohibits a merger affiliates serve a complementary role by consumer benefits in the form of between or among the ‘‘top-four’’ providing local input in network additional station investments in networks (ABC, CBS, Fox, and NBC), programming decisions and airing equipment for radio or television continues to be necessary to promote programming that serves the specific

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needs and interests of that specific local on the Commission’s competition, 310, and 403 of the Communications community. As a result, the economic localism, and diversity goals, the Act of 1934, as amended, 47 U.S.C. 151, incentives of the networks are not Further Notice of Proposed Rulemaking 152(a), 154(i), 303, 307, 308, 309, 310, always aligned with the interests of the seeks comment on proposals to require and 403, and Section 202(h) of the local affiliates or the communities they the disclosure of such agreements. Telecommunications Act of 1996. serve. Specifically, the Further Notice of 3. Description and Estimate of the 288. Diversity Order Remand and Proposed Rulemaking proposes a Number of Small Entities to Which the Eligible Entity Definition. In addition to specific definition for a category of Proposed Rules Will Apply evaluating each of the broadcast sharing agreements designated in the ownership rules, the Further Notice of Further Notice of Proposed Rulemaking 292. The RFA directs the Commission Proposed Rulemaking addresses the as Shared Service Agreements (SSAs). to provide a description of and, where Third Circuit’s remand of certain Because the Commission desires to feasible, an estimate of the number of aspects of the 2008 Diversity Order. expand its knowledge of these small entities that will be affected by the Based on the Commission’s analysis of agreements, the Further Notice of rules adopted. The RFA generally the preexisting eligible entity standard Proposed Rulemaking proposes to adopt defines the term ‘‘small entity’’ as as well as the measures to which it a broad definition of SSAs. The Further having the same meaning as the terms applied, the Third Circuit’s remand Notice of Proposed Rulemaking, ‘‘small business,’’ ‘‘small organization,’’ instructions, and the record in this however, seeks comment on whether to and ‘‘small governmental jurisdiction’’ proceeding, the Further Notice of narrow the scope of the definition, In addition, the term ‘‘small business’’ Proposed Rulemaking proposes to seeking comment, for example, on has the same meaning as the term reinstate the revenue-based eligible whether a de minimis financial ‘‘small business concern’’ under the entity standard and to apply it to the exception would be appropriate. The Small Business Act. A ‘‘small business regulatory policies set forth in the Further Notice of Proposed Rulemaking concern’’ is one which: (1) Is Diversity Order. While the Commission then seeks comment on various independently owned and operated; (2) does not have an evidentiary record proposals for the disclosure of SSAs, is not dominant in its field of operation; demonstrating that this standard including that commercial television and (3) satisfies any additional criteria specifically increases minority and stations be required to place copies of established by the Small Business female broadcast ownership, the such agreements in their public Administration (SBA). The final rules Commission anticipates that reinstating inspection files, the filing of SSAs adopted herein affect small television the previous revenue-based standard pursuant to 47 CFR 73.3613, or the and radio broadcast stations and small will promote small business adoption of a new filing process (e.g., a entities that operate daily newspapers. participation in the broadcast industry. new form or a dedicated docket in the A description of these small entities, as The Commission believes that small Commission’s Electronic Comment well as an estimate of the number of businesses benefit from flexible Filing System (ECFS)). The Commission such small entities, is provided below. licensing policies and that making it proposes that any disclosure 293. Television Broadcasting. The easier for small business applicants to requirement it may adopt be subject to SBA defines a television broadcasting participate in the broadcast industry the same redaction allowances made station that has no more than $35.5 will encourage innovation and enhance available to local marketing agreements million in annual receipts as a small viewpoint diversity. The Commission and joint sales agreements, namely, that business. The definition of business also believes that the benefits of licensees may redact confidential or concerns included in this industry reinstating the eligible entity standard proprietary information. states that establishments are primarily and applying it to the regulatory 290. The Commission believes that engaged in broadcasting images together measures set forth in the Diversity Order disclosure of these agreements will with sound. These establishments would outweigh any potential costs of further its understanding of the operate television broadcasting studios the decision to do so. Accordingly, the television marketplace and inform and facilities for the programming and Commission tentatively determines that future policy decisions to address any transmission of programs to the public. this action will advance the policy potential negative impacts of SSAs on These establishments also produce or objectives that traditionally have guided the Commission’s competition, transmit visual programming to the Commission’s analyses of broadcast localism, and diversity goals. The affiliated broadcast television stations, ownership issues and will serve the Further Notice of Proposed Rulemaking which in turn broadcast the programs to public interest. tentatively concludes that disclosure the public on a predetermined schedule. 289. Shared Service Agreements. The will permit the Commission to better Programming may originate in their own Further Notice of Proposed Rulemaking understand the operation of stations and studio, from an affiliated network, or provides further consideration of the to assess the impact, if any, of such from external sources. Census data for regulatory treatment of various combined operation on the television 2007 indicate that 2,076 such agreements for the sharing of services marketplace and that members of the establishments were in operation during between broadcast stations. Because the public will be able to gain a greater that year. Of these, 1,515 had annual Commission does not currently require understanding of the relationship receipts of less than $10.0 million per the filing or disclosure of all sharing between independently owned stations year and 561 had annual receipts of agreements that do not contain time that are parties to SSAs, which will more than $10.0 million per year. Based brokerage or joint advertising sales allow them to evaluate whether this on this data and the associated size provisions, the Commission has limited interaction has an impact on standard, the Commission concludes information about the content or programming or other station that the majority of such establishments breadth of such agreements or the operations. are small. frequency of their use. Accordingly, in 294. The Commission has estimated order to allow the Commission and the 2. Legal Basis the number of licensed commercial public to better understand the terms, 291. The Further Notice of Proposed television stations to be 1,387. operation, and prevalence of these Rulemaking is adopted pursuant to According to Commission staff review agreements and their potential impact Sections 1, 2(a), 4(i), 303, 307, 308, 309, of the BIA Kelsey Inc. Media Access Pro

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Television Database (BIA) as of estimate of small businesses to which entities, and the Commission does not November 26, 2013, 1,249 (or about 90 rules may apply does not exclude any anticipate that compliance will require percent) of an estimated 1,387 radio station from the definition of a the expenditure of any additional commercial television stations in the small business on this basis and resources. United States have revenues of $35.5 therefore may be over-inclusive to that 301. In addition, the Further Notice of million or less and, thus, qualify as extent. Also, as noted, an additional Proposed Rulemaking proposes changes small entities under the SBA definition. element of the definition of ‘‘small that would affect reporting, 295. The Commission notes, however, business’’ is that the entity must be recordkeeping, or other compliance that in assessing whether a business independently owned and operated. requirements with regard to the concern qualifies as small under the The Commission notes that it is difficult proposed disclosure of SSAs. If this above definition, business (control) at times to assess these criteria in the proposal is ultimately adopted, affiliations must be included. This context of media entities and the commercial television stations will be estimate, therefore, likely overstates the estimates of small businesses to which required to disclose all SSAs to the number of small entities that might be they apply may be over-inclusive to this public and the Commission. Depending affected by this action because the extent. on the method of disclosure for SSAs revenue figure on which it is based does 298. Daily Newspapers. The SBA has that may ultimately be adopted, not include or aggregate revenues from developed a small business size commercial television stations may be affiliated companies. In addition, an standard for the census category of required to upload all SSAs to their element of the definition of ‘‘small Newspaper Publishers; that size online public file or place a copy of all business’’ is that the entity not be standard is 500 or fewer employees. SSAs in their physical local public dominant in its field of operation. The Business concerns included in this inspection file. In addition, if the Commission is unable at this time to category are those that ‘‘carry out Commission were to require the filing of define or quantify the criteria that operations necessary for producing and SSAs pursuant to 47 CFR 73.3613, would establish whether a specific distributing newspapers, including commercial television stations would be television station is dominant in its field gathering news; writing news columns, required to file a paper copy of such of operation. Accordingly, the estimate feature stories, and editorials; and contracts with the Commission; list the of small businesses to which rules may selling and preparing advertisements.’’ contracts on their FCC Form 323, apply does not exclude any television Census Bureau data for 2007 show that Ownership Report for Commercial station from the definition of a small there were 4,852 firms in this category Broadcast Station; and either place the business on this basis and is therefore that operated for the entire year. Of this SSAs in their local public inspection possibly over-inclusive to that extent. total, 4,771 firms had employment of file or maintain an up-to-date list of all 296. Radio Broadcasting. The 499 or fewer employees, and an contracts reported on Form 323 and proposed policies could apply to radio additional 33 firms had employment of make such contracts available on broadcast licensees, and potential 500 to 999 employees. Therefore, the request. Other proposed alternatives licensees of radio service. The SBA Commission estimates that the majority may include the creation of a new form defines a radio broadcast station as a of Newspaper Publishers are small for the filing of SSAs or the creation of small business if such station has no entities that might be affected by this a dedicated docket in the Commission’s more than $35.5 million in annual action. Electronic Comment Filing System that receipts. Business concerns included in could be used for filing purposes. this industry are those ‘‘primarily 4. Description of Projected Reporting, engaged in broadcasting aural programs Recordkeeping, and Other Compliance 5. Steps Taken To Minimize Significant by radio to the public.’’ According to Requirements Economic Impact on Small Entities, and Commission staff review of the BIA 299. The Further Notice of Proposed Significant Alternatives Considered Publications, Inc. Master Access Radio Rulemaking proposes rule changes that 302. The RFA requires an agency to Analyzer Database as of November 26, will affect reporting, recordkeeping, and describe any significant alternatives that 2013, about 11,331 (or about 99.9 other compliance requirements. Each of it has considered in reaching its percent) of 11,341 commercial radio these changes is described below. proposed approach, which may include stations have revenues of $35.5 million 300. The Further Notice of Proposed the following four alternatives (among or less and thus qualify as small entities Rulemaking proposes modifications to others): (1) The establishment of under the SBA definition. The several of the media ownership rules as differing compliance or reporting Commission notes, however, that, in set forth in Section A above. The requirements or timetables that take into assessing whether a business concern proposals, if ultimately adopted, would account the resources available to small qualifies as small under the above modify several FCC forms and their entities; (2) the clarification, definition, business (control) affiliations instructions: (1) FCC Form 301, consolidation, or simplification of must be included. This estimate, Application for Construction Permit For compliance or reporting requirements therefore, likely overstates the number Commercial Broadcast Station; (2) FCC under the rule for small entities; (3) the of small entities that might be affected Form 314, Application for Consent to use of performance, rather than design, by this action, because the revenue Assignment of Broadcast Station standards; and (4) an exemption from figure on which it is based does not Construction Permit or License; and (3) coverage of the rule, or any part thereof, include or aggregate revenues from FCC Form 315, Application for Consent for small entities. affiliated companies. to Transfer Control of Corporation 303. In conducting the quadrennial 297. In addition, an element of the Holding Broadcast Station Construction review, the Commission has three chief definition of ‘‘small business’’ is that the Permit or License. The Commission may alternatives available for each of the entity not be dominant in its field of have to modify other forms that include Commission’s media ownership rules — operation. The Commission is unable at in their instructions the media eliminate the rule, modify it, or, if the this time to define or quantify the ownership rules or citations to media Commission determines that the rule is criteria that would establish whether a ownership proceedings, including Form ‘‘necessary in the public interest,’’ retain specific radio station is dominant in its 303–S and Form 323. The impact of it. The Commission believes that the field of operation. Accordingly, the these changes will be the same on all rules proposed in the Further Notice of

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Proposed Rulemaking, which are stations is not ranked among the top proposing to retain the existing failed/ intended to achieve its policy goals of four stations in the market and at least failing station waiver policy. The competition, localism, and diversity, eight independently owned television Commission finds that the existing will continue to benefit small entities by stations will remain in the DMA waiver standard is not unduly fostering a media marketplace in which following the combination. In restrictive and provides appropriate they are able to compete effectively and calculating the number of stations relief in markets of all sizes. In by promoting additional broadcast remaining post-merger, only those particular, the Commission notes that a ownership opportunities, as described stations whose digital NLSC overlaps review of recent transactions below, among a diverse group of with the digital NLSC of at least one of demonstrates that waivers under the owners, including small entities. This the stations in the proposed failed/failing station policy are Supplemental IRFA discusses below combination will be considered. In frequently granted in small and mid- several ways in which the rules may addition, the Commission proposes to sized markets, which often provides benefit small entities as well as steps retain the existing failed/failing station relief for small entities. Moreover, taken, and significant alternatives waiver policy. waiver of the Commission’s rules is considered, to minimize any potential 307. As noted above, the NPRM meant to be exceptional relief, and the burdens on small entities. proposed to replace the Grade B contour Commission believes that the existing 304. Local Television Ownership Rule. overlap provision with a DMA-based waiver criteria strike an appropriate The Commission proposes to retain the approach. The Commission tentatively balance between enforcing the local television ownership rule with finds, however, that adoption of a DMA- ownership limits and providing relief only a minor modification, consistent based approach to replace the analog from the rule in circumstances where it with the proposal in the NPRM. In the Grade B contour as the trigger for the is truly appropriate. However, the NPRM, the Commission proposed to rule would unduly expand the reach of Further Notice of Proposed Rulemaking retain the rule but sought comment on the local television ownership rule in seeks comment on whether to relax the a number of alternatives to this some DMAs, particularly in those DMAs failed/failing station waiver criteria or proposal. Specifically, the NPRM that cover large rural areas in the establish additional grounds for waiver. proposed to retain the top-four western United States where numerous For example, the items asks whether prohibition, eight-voices test, and small television stations operate. Thus, there are circumstances in which the numerical limits of the existing rule, the Further Notice of Proposed Commission should refrain from while proposing to replace the Grade B Rulemaking proposes to adopt instead applying the four-percent all-day contour overlap provision with a DMA- the use of a digital NLSC as the audience share requirement or adopt a based approach. The NPRM also invited functional equivalent of the analog higher threshold. comment on whether to adopt a market Grade B contour, which is no longer 309. Local Radio Ownership Rule. The size waiver standard, the impact of relevant following the digital television Further Notice of Proposed Rulemaking multicasting on the local television transition. In the Further Notice of proposes to retain the local radio ownership rule, and the impact of the Proposed Rulemaking, the Commission ownership rule without modification, proposed rule on minority and female tentatively affirms the NPRM’s proposal consistent with the NPRM. In the ownership. to grandfather existing ownership NPRM, the Commission proposed to 305. Multiple commenters asserted combinations that would exceed the retain the rule and sought comment on that the Commission should retain, or numerical limits under the revised alternatives to this proposal. tighten, the local television ownership contour approach, though the Specifically, the NPRM proposed to rule to promote competition and create Commission proposes that, going retain the AM/FM subcaps, which limit ownership opportunities for new forward, the sale of such combinations the number of radio stations in the same entrants. In contrast, broadcast must comply with the local television service that an entity can own. The commenters asserted that the local ownership rule then in effect. The Commission also sought comment on television ownership rule should be Commission believes that this approach whether and, if so, how, to incorporate eliminated or substantially relaxed as a will avoid disruption of settled new audio platforms into the rule and result of competition for viewers and expectations and prevent any impact on sought additional comment on the advertising revenue from non-broadcast the provision of television service by impact of such platforms on the video alternatives. A number of smaller stations operating in rural areas. broadcast radio industry. In addition, commenters argued that such relief is Moreover, the Commission believes that the NPRM sought comment on whether warranted particularly for by preventing stations with the largest to adopt a specific waiver standard for broadcasters—including small entities— market shares from combining to the local radio ownership rule and on that operate in small and mid-sized achieve excessive market power, the how the proposed rule would affect markets. Broadcast commenters also local television ownership rule protects minority and female ownership support adoption of a more flexible against potential harm to broadcasters opportunities. waiver standard for small and mid-sized with smaller market shares, including 310. Several commenters supported markets. small entities. Accordingly, the the tentative conclusion to retain the 306. In the Further Notice of Proposed Commission believes that the rule, as local radio ownership rule, including Rulemaking, the Commission tentatively modified, will continue to ensure that the AM/FM subcaps. They asserted that finds that the local television ownership local television markets do not become the AM band, in particular, is a critical rule remains necessary in the public too concentrated and, by doing so, will point of new entry in the marketplace. interest and should be maintained with allow more firms, including those that By contrast, many broadcast a limited modification. Accordingly, are small entities, to enter local markets commenters supported eliminating or under the proposed modified television and compete effectively. loosening the rule, including the AM/ ownership rule an entity may own up to 308. The Further Notice of Proposed FM subcaps. In particular, NAB two television stations in the same DMA Rulemaking also addresses the disputes the tentative conclusion that if (1) the digital NLSCs of the stations competitive challenges faced by the subcaps promote new entry, (as determined by Section 73.622(e)) do broadcasters that operate in small asserting instead that elimination of the not overlap; or (2) at least one of the markets—including small entities—by subcaps could spur market activity that

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leads to divested properties that could modify the top 20 DMA distinction, the by allowing the combination of a be purchased by new entrants, top-four restriction, or the eight voices newspaper and a television station including small businesses and minority test. The NPRM also proposed to where appropriate. and women-owned businesses. eliminate the use of a station’s analog 317. The Commission requests 311. The Commission proposes to signal contour in favor of a DMA-based comment on what type of waiver retain the local radio ownership rule, approach for triggering the rule. process would enable it to identify any including the AM/FM subcaps, finding 314. The Commission received a acceptable newspaper/television that AM subcaps in particular promote substantial number of comments on the combinations most accurately and new entry in the broadcast radio NBCO rule, several of which discuss effectively. It asks whether it should marketplace. Accordingly, an entity may issues that may be of interest to small implement a pure case-by-case approach own: (1) Up to eight commercial radio entities. For instance, several that evaluates the totality of the stations in radio markets with 45 or commenters claimed that lifting the circumstances for each individual more radio stations, no more than five newspaper/radio cross-ownership transaction, considering each waiver of which can be in the same service (AM restriction will revitalize local news on request anew without measuring it or FM); (2) up to seven commercial radio stations and will provide against a set of defined criteria or radio stations in radio markets with 30– struggling newspapers with a broader awarding the applicant an automatic 44 radio stations, no more than four of base of financial support and an presumption based on a prima facie which can be in the same service (AM increased ability to reach audiences. In showing of particular elements. or FM); (3) up to six commercial radio the Further Notice of Proposed Additionally, the Commission seeks stations in radio markets with 15–29 Rulemaking, the Commission seeks comment on an approach whereby the radio stations, no more than four of comment on whether the restriction on Commission would ascribe a favorable which can be in the same service (AM newspaper/radio cross-ownership is no presumption to certain waiver or FM); and (4) up to five commercial longer necessary to promote viewpoint applicants in the top-20 DMAs and a radio stations in radio markets with 14 diversity and therefore should be negative presumption to all other waiver or fewer radio stations, no more than eliminated from the NBCO rule. applicants. It seeks comment on three of which can be in the same 315. Additionally, in the Further requiring as conditions for a favorable service (AM or FM), provided that an Notice of Proposed Rulemaking, the presumption that: (1) The proposed entity may not own more than 50 Commission tentatively concludes that merger does not involve a television percent of the stations in such a market, it should not adopt a bright-line rule station ranked among the top-four except that an entity may always own a allowing some newspaper/television television stations in the DMA and (2) single AM and single FM station combinations, even under narrowly at least eight major media voices remain combination. prescribed circumstances. The in the DMA following the transaction. 312. The Commission tentatively Commission is aware that bright-line The Commission seeks comment on the concludes that, consistent with previous rules are more likely to produce pros and cons, costs and benefits of both Commission findings, broadcast radio predictable and consistent outcomes in these approaches. continues to be a viable avenue for new an expeditious and less costly manner 318. As noted above, the NPRM also entry in the media marketplace, than rules that incorporate a waiver proposed to eliminate the use of a including by small businesses, process, which is inherently more station’s Grade A contour in favor of a minorities, women, and entities seeking uncertain. The Commission is DMA-based approach for triggering the to serve niche audiences. Specifically, concerned, however, that a bright-line rule. As commenters note, however, the Commission tentatively finds that rule is too blunt an instrument to be because DMAs can be much larger in AM stations are generally the least used for allowing newspaper/television size than the former Grade A contour expensive option for entry into the radio cross-ownership, no matter how limited. areas, the proposed DMA-based market, often by a significant margin, Of particular interest to small entities, approach could expand the reach of the and therefore permit new entry for far the Commission also is concerned that rule and prohibit cross-ownership when less capital investment than is required a bright-line rule allowing only certain there is no overlap between the to purchase an FM station. The combinations in the largest markets community in which a newspaper is Commission believes that retention of could foreclose merger opportunities in published and the primary service area the local radio ownership limits, smaller markets where a combination of a broadcast station. To avoid that including the AM/FM subcaps, will might be acceptable. possibility, the Further Notice of foster opportunities for new entry in 316. Although the Commission Proposed Rulemaking proposes instead local radio markets, particularly by tentatively concludes that a general to prohibit cross-ownership of a full- small entities. Moreover, the prohibition on newspaper/television power television station and a daily Commission believes that by limiting combinations in all markets is the newspaper when: (1) The community of the consolidation of market power appropriate starting point when license of the television station and the among the dominant groups, the rule considering the impact of newspaper/ community of publication of the will ensure that small radio station television cross-ownership on newspaper are in the same Nielsen owners remain economically viable. viewpoint diversity, it recognizes that DMA, and (2) the Principal Community 313. Newspaper/Broadcast Cross- particular combinations might be shown Contour (PCC) of the television station, Ownership Rule. The Further Notice of to be consistent with its diversity goal. as defined in Section 73.625 of the Proposed Rulemaking seeks additional Therefore, it proposes to entertain Commission’s rules, encompasses the comment on the NPRM’s proposals requests for waiver of the general entire community in which the regarding the newspaper/broadcast prohibition. An approach that newspaper is published. Under this cross-ownership (NBCO) rule. The incorporates a waiver process would proposal, both conditions must be met NPRM offered a myriad of tentative provide the Commission with the in order for the cross-ownership conclusions and inquired about detailed flexibility to take into account the prohibition to be triggered. Furthermore, scenarios. In particular, the NPRM particular circumstances of a proposed the Commission proposes to grandfather sought comment on a number of merger and potentially provide relief for those existing combinations that would alternatives, including whether to broadcasters—including small entities— exceed the ownership limit by virtue of

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the change to this new DMA/PCC stations in a market, and thereby giving which considers radio advertising as a approach. The Commission believes that them a further competitive benefit to the separate antitrust market for purposes of this approach will avoid disruption of disadvantage of independent its competition analysis. The Further settled expectations and prevent any broadcasters. Notice of Proposed Rulemaking impact on the provision of television 321. Commenters who supported tentatively finds that most consumers service by smaller stations. Moreover, retention of the rule also expressed do not consider radio and television the Commission believes that the concern about the potential loss of stations to be substitutes for one another newspaper/television cross-ownership viewpoint diversity in local markets if and do not switch between television limits—including the top 20 DMA the rule were to be repealed. They were viewing and radio listening based on distinction, the top-four restriction, and skeptical of conclusions in the media program content. Contrary to Mt. the eight voices test—will continue to ownership studies that consolidated Wilson’s conflicting opinion, the foster diffuse ownership among media broadcast stations air more local Commission believes that the weight of outlets and thereby create more content, and thus, contribute more to the evidence in the record of this ownership opportunities for small viewpoint diversity than independent proceeding and precedent supports entities. voices. Commenters also asserted that these tentative conclusions. 319. Radio/Television Cross- the Commission must take into account 324. The Further Notice of Proposed Ownership Rule. In the Further Notice the public’s reliance on broadcast Rulemaking tentatively concludes that of Proposed Rulemaking, the stations and newspapers as the primary the radio/television cross-ownership Commission seeks comment on whether sources of information for individuals to rule is not necessary to promote to eliminate the radio/television cross- learn about their local communities and localism. The Commission agrees with ownership rule, which limits the to participate in local civic affairs. industry commenters who maintained combined number of commercial radio 322. In addition, public interest that some limited cross-ownership and television stations a single entity commenters claimed that broadcast could create efficiencies that could may own in the same market. In the radio is one of the few remaining entry benefit the public should broadcasters NPRM, the Commission tentatively points into media ownership for women choose to invest additional resources in concluded that the radio/television and minorities, and that its usefulness the production of local news and cross-ownership rule is not currently as such would potentially be limited if information programming. When necessary to promote the public interest. the radio/television cross-ownership broadcasters engage in joint operations, The Commission sought comment on a rule were eliminated. Other commenters whether those operations are focused on range of issues, including whether radio argued more generally that any media programming and news gathering or and television stations constitute consolidation disproportionately affects back office matters, the Commission different markets, whether repeal of the opportunities for women and minorities believes it likely that financial rule would encourage more and better to become and remain broadcast station efficiencies result. Such efficiencies competition in local media markets, owners and that female- and minority- could lead ultimately to consumer whether repeal of the rule would result owned stations thrive in markets that benefits in the form of additional station in additional broadcast consolidation, are less concentrated. NHMC et al. investments in equipment for radio or and what impact, if any, repeal would contended that strengthening, or at least television newsrooms, an increase in have on small, independent retaining, broadcast ownership limits is staffing for news and informational broadcasters, including those stations one of the few race- and gender-neutral programs, or additional local news owned by minorities and women. The ways to increase broadcast station coverage on radio stations. Commission indicated in the NPRM that ownership by women and minorities, 325. The Commission seeks comment changes in the marketplace and thereby, avoiding the constitutional on whether the radio/television cross- evidence from the media ownership concerns raised by race- and gender- ownership rule is not necessary to studies specifically supported the specific remedies. NABOB asked that promote viewpoint diversity. In tentative conclusion that the rule is not the Commission not take any action that addition, the Further Notice of Proposed necessary to promote viewpoint would further erode minority broadcast Rulemaking tentatively finds that the diversity in local media markets. ownership, particularly given that new current record does not support claims 320. Most broadcast commenters media outlets are not positioned to that elimination of the radio/television supported the Commission’s tentative replace traditional broadcasters and the cross-ownership rule would have a conclusion, and asserted that the cross- information services they provide to negative impact on minority and female ownership rule is no longer necessary to minority communities. NABOB ownership. Notably, radio/television protect the public interest, particularly contended that any deregulation allows cross-ownership combinations were not in light of competition from new media consolidation and it asserted that the focus of commenters’ concerns technologies and Internet-based consolidation enhances an entity’s raised in response to the NPRM. In fact, information outlets. Not all competitive advantage in obtaining no commenter to the NPRM presented broadcasters, however, agreed. Mt. advertising. empirical data or other analyses that Wilson, an independent broadcaster, 323. Consistent with prior established that repeal of this rule asserted that CBS, its primary Commission holdings, the Commission would harm competition, localism, or competitor, is able to wield significant tentatively finds that the radio/ viewpoint diversity in local markets. power in the radio market because of its television cross-ownership rule is not Moreover, while the Commission ability to leverage its non-radio necessary to promote competition. The acknowledges the concerns raised by holdings, which, in turn, adversely Commission has found previously that those advocating for additional minority affects the ability of independent radio most advertisers do not consider radio ownership opportunities, the owners in the market to compete and television to be good substitutes for Commission agrees with commenters, effectively. Mt. Wilson argued that one another and that television and including NAB, that the low level of elimination of the radio/television radio stations do not compete in the minority and female broadcast cross-ownership rule will benefit group same product market. This position is ownership cannot be attributed solely or owners, such as CBS, by allowing them consistent with the long-standing primarily to consolidation. Nor has any to acquire additional co-owned radio conclusion of the Department of Justice, commenter shown that these low levels

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of ownership are a result of the existing 328. Diversity Order Remand/Eligible measures to which it previously radio/television cross-ownership rule. Entity Definition. The Commission applied—is to expand broadcast The Commission recognizes the solicited comment in the NPRM on ownership opportunities for new presence of many disparate factors, whether the Commission should entrants, including small entities. including, most significantly, access to reinstate the preexisting revenue-based Therefore, the Commission anticipates capital, as longstanding, persistent eligible entity definition to support the that the measures proposed in the impediments to ownership diversity in measures the Third Circuit vacated and Further Notice of Proposed Rulemaking broadcasting. remanded as well as other measures the will benefit small entities, not burden 326. Shared Service Agreements. The Commission may implement in the them. proposed filing requirement for SSAs is future. In addition, the Commission 331. The Commission tentatively not expected to have a significant sought comment on whether re- concludes that it does not have economic impact on any entities, adoption of the revenue-based standard sufficient evidence at this time to satisfy whether small or otherwise. The filing would support the Commission’s the constitutional standards necessary requirement is limited to commercial traditional diversity, localism, and to adopt race- or gender-conscious television stations, so any small entities competition goals in other ways, measures. In evaluating the possibility that are licensees of commercial radio particularly by enhancing ownership of adopting a socially disadvantaged stations and any small entities that are opportunities for small businesses and business (SDB) standard based on the licensees of noncommercial television other new entrants. definition employed by the SBA, or any or radio stations are exempt from the 329. As noted above, the Further other race-conscious standard, the first filing requirement. Furthermore, the Notice of Proposed Rulemaking question the Commission must consider Commission believes that SSAs are tentatively concludes that the is whether the standard could be generally executed for a period of Commission should reinstate the justified by a ‘‘compelling governmental multiple years, which likely limits the preexisting revenue-based eligible entity interest.’’ Assuming that such an number of agreements that will be definition, which includes those interest could be established, the subject to the proposed disclosure entities, commercial or noncommercial, Commission then would have to be able requirement. However, the Further that would qualify as small businesses to demonstrate that the application of Notice of Proposed Rulemaking seeks consistent with SBA standards for its the race-conscious standard to specific comment on ways to limit the industry grouping, based on revenue. measures or programs would be Specifically, the Commission believes ‘‘narrowly tailored’’ to further that disclosure requirement that could that reinstating the revenue-based interest. While the Commission reduce the burden while not negatively standard will promote small business tentatively finds that a reviewing court impacting the policy justifications for participation in the broadcast industry. could deem the Commission’s interest requiring disclosure. For example, the The Commission believes that small- in promoting a diversity of viewpoints Commission asks whether any category sized applicants and licensees benefit compelling, the Commission believes of agreements between stations should from flexible licensing, auctions, that it does not have sufficient evidence be excluded from the definition of SSA transactions, and construction policies. at this time to demonstrate that in this proceeding, for instance by Often, small-business applicants have adoption of race-conscious measures adopting a de minimis financial financing and operational needs distinct would be narrowly tailored to further exclusion, limiting the definition to from those of larger broadcasters. By that interest. Additionally, the agreements that involve local news easing certain regulations for small Commission tentatively finds that it production or that only involve stations broadcasters, the Commission believes cannot conclude that the record from the same local market. The Further that it will promote the public interest evidence establishes a relationship Notice of Proposed Rulemaking also goal of making access to broadcast between the Commission’s interest in seeks comment on how much time spectrum available to a broad range of viewpoint diversity and the ownership should be provided for compliance with applicants. The Commission also of broadcast stations by women that the proposed requirement, which could believes that enabling more small would satisfy intermediate scrutiny. reduce the burden on all stations. businesses to participate in the While the Commission acknowledges Finally, the Further Notice of Proposed broadcast industry will encourage that the data show that women-owned Rulemaking seeks comment on whether innovation and expand viewpoint stations are not represented in to limit the disclosure requirement to diversity. proportion to the presence of women in certain larger markets (e.g., the top 50 or 330. In addition, the Commission the overall population, the Commission 100 Designated Market Areas). proposes to readopt each measure does not believe that the evidence 327. In addition, the Further Notice of relying on the eligible entity definition available at this time reveals that the Proposed Rulemaking seeks comment that was remanded in Prometheus II. content provided via women-owned on multiple alternatives for the These measures include: (1) Revision of broadcast stations substantially proposed disclosure requirement. These Rules Regarding Construction Permit contributes to viewpoint diversity in a alternatives include placing the SSAs in Deadlines; (2) Modification of manner different from other stations or the stations’ public inspection files Attribution Rule; (3) Distress Sale otherwise varies significantly from that (online or physical), filing the Policy; (4) Duopoly Priority for provided by other stations. Further, the agreements with the Commission, the Companies that Finance or Incubate an Commission tentatively finds that it creation of a new form for the filing of Eligible Entity; (5) Extension of does not have sufficient evidence to SSAs, or the creation of a dedicated Divestiture Deadline in Certain Mergers; establish a compelling interest in docket in ECFS that could be used for and (6) Transfer of Grandfathered Radio remedying past discrimination. filing purposes. This gives commenters Station Combinations. The 332. In addition, the Commission the opportunity to demonstrate that one Commission’s intent in proposing the reject commenters’ arguments that the of these alternatives may have less of an reinstatement of the previous revenue- Commission is required to adopt an SDB economic impact on small businesses based eligible entity definition—and in standard or another race-conscious and/or all entities. The Commission will applying it to the construction, eligible entity standard in this consider all such comments. licensing, transaction, and auction proceeding in light of the court’s

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instructions in Prometheus II. The standard. Even if the Commission could Governmental Affairs Bureau, Reference Commission also disagrees with develop an adequate record on these Information Center, shall send a copy of arguments that the Commission is not issues, the Commission is concerned the Further Notice of Proposed permitted to conclude this proceeding that it may lack the resources to conduct Rulemaking, including the until the Commission has completed such individualized reviews. Moreover, Supplemental Initial Regulatory any and all studies or analyses that may the Commission would have to walk a Flexibility Analysis, to the Chief enable it to take such action in the very fine line in order to fully evaluate Counsel for Advocacy of the Small future consistent with current standards the potential diversity contributions of Business Administration. of constitutional law. The Commission individual applicants without running List of Subjects 47 CFR Part 73 intends to follow the Third Circuit’s afoul of First Amendment values. The direction that the Commission consider Commission is concerned that the type Radio, Reporting and recordkeeping adopting an SDB definition before of individualized consideration that requirements, Television. completion of this proceeding and would be required under an ODP Federal Communications Commission. evaluate the feasibility of adopting a standard could prove to be Marlene H. Dortch, administratively inefficient, unduly race-conscious eligibility standard based Secretary. on an extensive analysis of the available resource-intensive, and inconsistent evidence. The Commission does not with First Amendment values. Proposed Rules 334. The Commission also tentatively believe that the Third Circuit intended For the reasons discussed in the declined to act on various to prejudge the outcome of the preamble, the Federal Communications recommendations from commenters Commission’s analysis of the evidence Commission proposes to amend 47 CFR regarding the promotion of minority and or the feasibility of implementing a race- part 73 as follows: conscious standard that would be female ownership. These consistent both with applicable legal recommendations include: (1) Relaxing PART 73—RADIO BROADCAST standards and the Commission’s the foreign ownership limitations under SERVICES practices and procedures. section 310(b)(4) of the Communications Act; (2) encouraging Congress to ■ 333. The Commission also declined to 1. The authority citation for part 73 reinstate and update tax certificate adopt at this time an eligible entity continues to read as follows: legislation; (3) granting waivers of the definition that incorporates the Authority: 47 U.S.C. 154, 303, 334, 336, local radio ownership rule to parties Overcoming Disadvantage Preference and 339. that ‘‘incubate’’ qualified entities; and (ODP) standard proposed by the (4) migrating AM radio to VHF Channels ■ 2. Amend § 73.3555 by revising Commission’s Diversity Advisory 5 and 6. In addition, the Alliance for paragraph (b) to read as follows: Committee in 2010. Commenters Women in Media, Inc. (AWM) asked the generally did not suggest criteria, other § 73.3555 Multiple ownership. Commission to consider several actions than race and ethnic origin, that could to address the ‘‘historic * * * * * be considered in an individualized, underrepresentation of women’’ in (b) Local television multiple holistic evaluation system like that ownership of broadcast stations and ownership rule. An entity may directly approved in Grutter. Commenters managerial positions in the broadcast or indirectly own, operate, or control recommended that the Commission industry. The Commission has already two television stations licensed in the replace its revenue-based eligible entity implemented some of these same Designated Market Area (DMA) (as definition with an ODP standard as a recommendations. Because the determined by Nielsen Media Research race-neutral means of advancing Commission believes that the remainder or any successor entity) if: ownership diversity. The Commission (1) The digital noise limited service of these proposals would raise public notes that it is not entirely clear whether contours of the stations (as determined interest concerns, may not provide the proposed ODP standard would be by § 73.622) do not overlap; or meaningful assistance to the intended subject to heightened constitutional (i) At the time the application to beneficiaries, or are outside of the scrutiny. Moreover, the Commission acquire or construct the station(s) is proper scope of this broadcast believes that it does not have a filed, at least one of the stations is not ownership proceeding, the Commission sufficient record at present on a number ranked among the top four stations in tentatively concludes that it should not of issues that would need to be resolved the DMA, based on the most recent all- adopt them here. prior to the implementation of an ODP day (9:00 a.m.-midnight) audience standard. Among other issues, no 6. Federal Rules That May Duplicate, share, as measured by Nielsen Media commenter provided input on (1) what Overlap, or Conflict With the Proposed Research or by any comparable social or economic disadvantages Rule professional, accepted audience ratings should be cognizable under an ODP 335. None. service; and standard, (2) how the Commission could (ii) At least 8 independently owned validate claims of eligibility for ODP D. Ordering Clauses and operating, full-power commercial status, (3) whether applicants should 336. Accordingly, it is ordered, that and noncommercial TV stations would bear the burden of proving specifically pursuant to the authority contained in remain post-merger in the DMA in that they would contribute to diversity sections 1, 2(a), 4(i), 303, 307, 309, 310, which the communities of license of the as a result of having overcome certain and 403 of the Communications Act of TV stations in question are located. disadvantages, (4) how the Commission 1934, as amended, 47 U.S.C. 151, 152(a), Count only those TV stations the digital could measure the overcoming of a 154(i), 303, 307, 309, 310, and 403, and noise limited service contours of which disadvantage if an applicant is a widely section 202(h) of the overlap with the digital noise limited held corporation rather than an entity Telecommunications Act of 1996, this service contour of at least one of the with a single majority shareholder or a Further Notice of Proposed Rulemaking stations in the proposed combination. In small number of control persons, and (5) is adopted. areas where there is no Nielsen DMA, how the Commission could evaluate the 337. It is further ordered that the count the TV stations present in an area effectiveness of the use of an ODP Commission’s Consumer and that would be the functional equivalent

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of a TV market. Count only those TV digital noise limited service contour of (2) [Reserved] stations the digital noise limited service at least one of the stations in the * * * * * contours of which overlap with the proposed combination. [FR Doc. 2014–10870 Filed 5–19–14; 8:45 am] BILLING CODE 6712–01–P

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Part IV

The President

Proclamation 9125—60th Anniversary of Brown v. Board of Education

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Federal Register Presidential Documents Vol. 79, No. 97

Tuesday, May 20, 2014

Title 3— Proclamation 9125 of May 15, 2014

The President 60th Anniversary of Brown v. Board of Education

By the President of the United States of America

A Proclamation May 17, 1954, marked a turning point in America’s journey toward a more perfect Union. On that day, the Supreme Court handed down a unanimous decision in Brown v. Board of Education, outlawing racial segregation in our Nation’s schools. Brown overturned the doctrine of ‘‘separate but equal,’’ which the Court had established in the 1896 case of Plessy v. Ferguson. For more than half a century, Plessy gave constitutional backing to discrimi- nation, and civil rights organizations like the National Association for the Advancement of Colored People faced an uphill battle as they sought equality, opportunity, and justice under the law. Brown v. Board of Education shifted the legal and moral compass of our Nation. It declared that education ‘‘must be made available to all on equal terms’’ and demanded that America’s promise exclude no one. Yet the Supreme Court alone could not destroy segregation. Brown had unlocked the schoolhouse doors, but even years later, African-American children braved mobs as they walked to school, while U.S. Marshals kept the peace. From lunch counters and city streets to buses and ballot boxes, American citizens struggled to realize their basic rights. A decade after the Court’s ruling, Brown’s moral guidance was translated into the enforcement measures of the Civil Rights Act and the Voting Rights Act. Thanks to the men and women who fought for equality in the courtroom, the legislature, and the hearts and minds of the American people, we have confined legalized segregation to the dustbin of history. Yet today, the hope and promise of Brown remains unfulfilled. In the years to come, we must continue striving toward equal opportunities for all our children, from access to advanced classes to participation in the same extracurricular activities. Because when children learn and play together, they grow, build, and thrive together. On the 60th Anniversary of Brown v. Board of Education, let us heed the words of Justice Thurgood Marshall, who so ably argued the case against segregation, ‘‘None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody . . . bent down and helped us pick up our boots.’’ Let us march together, meet our obligations to one another, and remember that progress has never come easily—but even in the face of impossible odds, those who love their country can change it. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 17, 2014, as the 60th Anniversary of Brown v. Board of Education. I call upon all Ameri- cans to observe this day with programs, ceremonies, and activities that celebrate this landmark decision and advance the causes of equality and opportunity for all.

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

[FR Doc. 2014–11842 Filed 5–19–14; 11:15 am] Billing code 3295–F4

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Reader Aids Federal Register Vol. 79, No. 97 Tuesday, May 20, 2014

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 1217...... 27212 Executive orders and proclamations 741–6000 3550...... 28851 Executive Orders: The United States Government Manual 741–6000 13667 (See Proc. 8 CFR Other Services 8693) ...... 28387 103...... 27161 Electronic and on-line services (voice) 741–6020 Proclamations: 235...... 27161 Privacy Act Compilation 741–6064 9108...... 25641 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 9109...... 25643 204...... 26870 TTY for the deaf-and-hard-of-hearing 741–6086 9110...... 25645 214...... 26870, 26886 9111...... 25647 248...... 26870 9112...... 25649 ELECTRONIC RESEARCH 274a...... 26870, 26886 9113...... 25651 World Wide Web 9114...... 25653 9 CFR 9115...... 25655 Full text of the daily Federal Register, CFR and other publications 121...... 26829 is located at: www.fdsys.gov. 9116...... 25657 Federal Register information and research tools, including Public 9117...... 25659 10 CFR 9118...... 26357 Inspection List, indexes, and Code of Federal Regulations are 72...... 25486, 28393 located at: www.ofr.gov. 9119...... 27475 9120...... 27719 429...... 25486, 27388 E-mail 9121...... 27721 430...... 26591 431...... 26591, 27388 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9122...... 27723 an open e-mail service that provides subscribers with a digital 9123...... 27725 Proposed Rules: form of the Federal Register Table of Contents. The digital form 9124...... 27727 51...... 24595 of the Federal Register Table of Contents includes HTML and 9125...... 29067 52...... 25715 PDF links to the full text of each document. Administrative Orders: 61...... 27772 To join or leave, go to http://listserv.access.gpo.gov and select Notices: 429...... 26638 Online mailing list archives, FEDREGTOC-L, Join or leave the list Notice of May 7, 430...... 26639, 27774 (or change settings); then follow the instructions. 2014 ...... 26589 431...... 26650, 27778 PENS (Public Law Electronic Notification Service) is an e-mail Notice of May 12, 600...... 27795 2014 ...... 27477 service that notifies subscribers of recently enacted laws. 12 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Notice of May 15, and select Join or leave the list (or change settings); then follow 2014 ...... 28807 6...... 24528 the instructions. 14...... 28393 5 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 21...... 28393 respond to specific inquiries. 151...... 25483 26...... 28393 Reference questions. Send questions and comments about the 733...... 25483 34...... 28393 Federal Register system to: [email protected] 734...... 25483 35...... 28393 The Federal Register staff cannot interpret specific documents or 2634...... 28605 41...... 28393 regulations. 2635...... 28605 133...... 28393 136...... 28393 Reminders. Effective January 1, 2009, the Reminders, including 7 CFR Rules Going Into Effect and Comments Due Next Week, no longer 160...... 28393 appear in the Reader Aids section of the Federal Register. This 28...... 27479 163...... 28393 information can be found online at http://www.regulations.gov. 205...... 24527 164...... 28393 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 246...... 24995 171...... 28393 longer appears in the Federal Register. This information can be 271...... 28606 196...... 28393 found online at http://bookstore.gpo.gov/. 272...... 28606 208...... 24528 274...... 28606 217...... 24528 324...... 24528 FEDERAL REGISTER PAGES AND DATE, MAY 276...... 28606 277...... 28606 652...... 28810 24527–24994...... 1 319...... 24995 1238...... 25006 24995–25482...... 2 331...... 26829 Proposed Rules: 25483–25640...... 5 925...... 27159 3...... 24596, 24618 25641–26108...... 6 946 ...... 24997, 26109, 26591 217...... 24596, 24618 26109–26358...... 7 985...... 26359 251...... 27801 26359–26588...... 8 1005 ...... 24999, 25003, 26591 324...... 24596, 24618 26589–26828...... 9 1006...... 24999, 26591 701...... 24623 26829–27158...... 12 1007 ...... 24999, 25003, 26591 1005...... 28458 27159–27476...... 13 1487...... 25661 1016...... 27214 27477–27728...... 14 3550...... 28809 1026...... 25730 27729–28392...... 15 Proposed Rules: 28393–28604...... 16 985...... 25710 13 CFR 28605–28808...... 19 1005...... 25032, 26638 Proposed Rules: 28809–29068...... 20 1007...... 25032, 26638 121...... 28631

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14 CFR 24 CFR 36 CFR 485...... 27978 23...... 26111 Proposed Rules: 1191...... 26125 488...... 25767, 27978 39 ...... 24541, 24546, 24548, 203...... 26376 1000...... 26810 24551, 24553, 24556, 26603, 3284...... 25035 37 CFR 1001...... 26810 26606, 26608, 26610, 27480, 1...... 27755 1002...... 26810 27483 25 CFR 370...... 25009 1003...... 27080 71 ...... 26365, 26612, 26613, 23...... 27189 Proposed Rules: 1005...... 27080 1006...... 26810 27175, 27176, 27177, 27178, Proposed Rules: 2...... 26664 27179, 27729 151...... 24648 370...... 25038 73...... 27730 44 CFR 38 CFR 91...... 28811 26 CFR 64...... 25519 121...... 28811 1 ...... 26113, 26616, 26836, 36...... 26620 67...... 25522, 25531 125...... 28811 26838 Proposed Rules: Proposed Rules: 135...... 28811 Proposed Rules: 62...... 26669 67...... 27264 Proposed Rules: 1 ...... 26190, 27230, 27508, 63...... 27826 39 ...... 24628, 25033, 25753, 28468 40 CFR 45 CFR 26651, 26901, 26905, 26906, 1172...... 26631 27505, 27814, 28647 29 CFR 52 ...... 25010, 25014, 25019, 71 ...... 25755, 25756, 25757 4022...... 25667, 27731 25021, 25506, 26143, 26628, 120...... 24631 27190, 27193, 27490, 27493, 46 CFR Proposed Rules: 27761, 27763, 28435, 28607, 193...... 27817 1614...... 27824 1...... 26374 28612 398...... 24632 2590...... 26192 10...... 26374 60...... 25681, 28439 11...... 26374 15 CFR 30 CFR 70...... 27490 12...... 26374 80...... 25025 13...... 26374 732...... 27418 70...... 24814 81 ...... 25508, 27193, 27493 14...... 26374 734...... 27418 71...... 24814 98...... 25682 15...... 26374 736...... 27418 72...... 24814 740...... 27418 180 ...... 26150, 26153, 26158, Proposed Rules: 75...... 24814 27496, 28444 742...... 27418 90...... 24814 197...... 26391 744 ...... 24558, 24563, 27418 300...... 25031, 26853 Proposed Rules: Proposed Rules: 748...... 27418 925...... 28852 47 CFR 758...... 27418 Ch. I ...... 28664 935...... 28854 49...... 25049 1...... 26164, 26862 772...... 27418 948...... 28858, 28860 2...... 24569, 26863 774...... 27418 51...... 27446 1241...... 28862 52 ...... 25054, 25059, 25063, 15...... 24569 Proposed Rules: 25 ...... 26863, 27502, 27503 922...... 26654 31 CFR 25066, 25074, 25533, 25540, 26909, 27241, 27257, 27524, 51...... 28840 16 CFR 542...... 25414 27528, 27533, 27543, 27546, 64...... 25682 589...... 26365 73 ...... 27196, 27503, 28442, 803...... 25662 27830, 27834, 28471, 28649, 28650, 28659 28996 Proposed Rules: 32 CFR 60...... 27690 76...... 28615 259...... 27820 60...... 25675 61...... 25388 Proposed Rules: 1112...... 28458 68...... 27732 70...... 27546 73 ...... 25558, 26198, 27834, 1230...... 28458 79...... 28407 80...... 25074 27835, 27836, 29010 241...... 27487 17 CFR 81 ...... 25077, 25540, 25555 312...... 25505 170...... 27546 48 CFR 1...... 26831 320...... 26120 300...... 26836, 26922 202...... 26092 Proposed Rules: 706...... 25007 770...... 26678 231...... 26092 240...... 25194 Proposed Rules: 244...... 26092 249...... 25194 42 CFR 197...... 26381 246...... 26092 243...... 27516 18 CFR 73...... 26860 252...... 26092 405...... 25436 552...... 28442 410...... 26613, 26615 33 CFR 410...... 25436 100 ...... 25678, 26373, 27488, 413...... 27106 20 CFR 49 CFR 28429, 28834 416...... 27106 Proposed Rules: 117 ...... 24567, 25681, 28431, 440...... 27106 385...... 27766 404...... 24634 28432, 28433 442...... 27106 395...... 26868 165 ...... 26122, 26843, 26846, 482...... 27106 Proposed Rules: 21 CFR 26848, 26851, 27489, 27490, 483...... 27106 385...... 27265, 28471 510...... 28813 27754, 28433, 28434, 28834 485...... 27106 386...... 27265, 28471 520...... 28813 Proposed Rules: 486...... 27106 390...... 27265, 28471 876...... 28401 100...... 26195, 26661 488...... 27106 395...... 28471 880...... 28404 110...... 26195 491...... 25436, 27106 Proposed Rules: 117...... 24654 493...... 25436, 27106 50 CFR 1...... 25758 140...... 26391 Proposed Rules: 17 ...... 25683, 25689, 26014, 884...... 24634, 24642 142...... 26391 2...... 26929 26175, 28847 150...... 26391 88...... 25766 216...... 26188 22 CFR 165 ...... 24656, 25009, 25763, 405...... 26538, 27978 218...... 26188 120...... 27180 27521, 28468, 28876 412 ...... 26040, 26308, 27978 300...... 28448, 28452 121...... 27180 413...... 27978 622...... 26375, 27768 124...... 27180 34 CFR 415...... 27978 635...... 25707, 28849 234...... 26834 Proposed Rules: 418...... 26538 648...... 28850 Proposed Rules: Ch. III...... 24661, 27230, 27233, 422...... 27978 660 ...... 24580, 27196, 27198, 1305...... 26659 27236 424...... 27978 28455

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Proposed Rules: 27547, 27548 424...... 27066 648 ...... 26685, 26690, 27274 17 ...... 25084, 25797, 25806, 216...... 27550, 28879 622...... 28880 679...... 25558, 27557 26392, 26504, 26679, 26684, 402...... 27060 635...... 27553

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List May 14, 2014 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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