Vol. 79 Wednesday, No. 204 October 22, 2014
Pages 63031–63286
OFFICE OF THE FEDERAL REGISTER
VerDate Sep 11 2014 20:33 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\22OCWS.LOC 22OCWS mstockstill on DSK4VPTVN1PROD with FEDWS II Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014
The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202-512-1800 or 866-512-1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Printing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1- 866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 77 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.
.
VerDate Sep 11 2014 20:33 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\22OCWS.LOC 22OCWS mstockstill on DSK4VPTVN1PROD with FEDWS III
Contents Federal Register Vol. 79, No. 204
Wednesday, October 22, 2014
Agriculture Department Employee Benefits Security Administration See Food and Nutrition Service NOTICES Meetings: Advisory Council on Employee Welfare and Pension Antitrust Division Benefit Plans, 63170 NOTICES Membership Changes under National Cooperative Research and Production Act: Energy Department Advanced Media Workflow Association, Inc., 63168– See Energy Efficiency and Renewable Energy Office 63169 See Federal Energy Regulatory Commission NOTICES Heterogeneous System Architecture Foundation, 63169 Meetings: Telemanagement Forum, 63167–63168 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 63108–63109 Antitrust Environmental Management Site-Specific Advisory See Antitrust Division Board, Paducah, 63109
Centers for Disease Control and Prevention Energy Efficiency and Renewable Energy Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Requests for Information: Submissions, and Approvals, 63124–63126 Electrolytic Hydrogen Production Workshop Report, Funding Availability: 63110–63111 Ebola Response Outbreak Funding to Eligible Ministries Hydrogen Transmission and Distribution Workshop of Health and Bona Fide Agents, 63126–63127 Report, 63109–63110 Environmental Protection Agency Commerce Department RULES See Industry and Security Bureau Air Quality State Implementation Plans; Approvals and See International Trade Administration Promulgations: See National Oceanic and Atmospheric Administration Kansas; Infrastructure Requirements for the 2010 See Patent and Trademark Office Nitrogen Dioxide National Ambient Air Quality NOTICES Standard, 63044–63045 Agency Information Collection Activities; Proposals, North Dakota; Revisions to the Air Pollution Control Submissions, and Approvals, 63078–63079 Rules, 63045–63047 Pesticide Tolerances: Commodity Futures Trading Commission Metrafenone, 63047–63053 NOTICES Polyoxyalkylated sorbitan fatty acid esters; Exemption, Meetings; Sunshine Act, 63089 63053–63056 PROPOSED RULES Effluent Limitations Guidelines and Standards for the Defense Nuclear Facilities Safety Board Dental Category, 63258–63286 NOTICES NOTICES Meetings; Sunshine Act, 63089 Guidance: Benefits of Neonicotinoid Seed Treatments to Soybean Education Department Production, 63118–63120 PROPOSED RULES Meetings: Direct Grant Programs and Definitions that Apply to Good Neighbor Environmental Board, Public Advisory Department Regulations, 63062–63066 Committee; Teleconference, 63120 NOTICES Pesticide Products: Agency Information Collection Activities; Proposals, Removal of Certain Inert Ingredients from Approved Submissions, and Approvals: Chemical Substance List, 63120–63121 College Affordability and Transparency Explanation Form, 63089–63090 Farm Credit Administration Applications for New Awards: RULES Personnel Development to Improve Services and Results Annual Board Policy Statements, 63033 for Children with Disabilities—Personnel Preparation Releasing Information; General Provisions; Accounting and in Special Education, Early Intervention, and Related Reporting Requirements; Reports of Accounts and Services, 63090–63101 Exposures, 63033 Personnel Development to Improve Services and Results for Children with Disabilities—Preparation of Special Federal Aviation Administration Education, Early Intervention, and Related Services PROPOSED RULES Leadership Personnel, 63101–63108 Aircraft Dispatcher Certification Courses, 63061–63062
VerDate Sep<11>2014 21:22 Oct 21, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\22OCCN.SGM 22OCCN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER IV Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Contents
Federal Emergency Management Agency Environmental Assessments; Availability, etc.: NOTICES James River National Wildlife Refuge, Prince George Flood Hazard Determinations; Changes, 63142–63150 County, VA; Comprehensive Conservation Plan, Flood Hazard Determinations; Final, 63152–63154 63161–63163 Major Disaster Declarations: Kentucky, 63155–63156 Food and Drug Administration Santa Clara Pueblo; Amendments, 63155 RULES Washington; Amendment No. 1, 63155 Medical Devices: Major Disasters and Related Determinations: Immunology and Microbiology Devices; Classification of American Samoa, 63154 Nucleic Acid-Based Devices for the Detection of Guam, 63154–63155 Mycobacterium Tuberculosis Complex, etc.., 63034– Montana, 63156–63157 63036 New Mexico, 63157 PROPOSED RULES Color Additive Petitions: Federal Energy Regulatory Commission Colorcon, Inc., 63062 NOTICES NOTICES Combined Filings, 63111–63114 Agency Information Collection Activities; Proposals, Effectiveness of Exempt Wholesale Generator Status: Submissions, and Approvals: Dominion Solar Gen-Tie, LLC, et al., 63115 Infant Formula Recall Regulations, 63127–63128 Environmental Impact Statements; Availability, etc.: State Petitions for Exemption from Preemption, 63128– Sabal Trail Transmission, LLC, Southeast Market 63129 Pipelines Project, 63115–63117 Guidance: Filings: Circumstances that Constitute Delaying, Denying, Oncor Electric Delivery Co., LLC, 63117 Limiting, or Refusing a Drug Inspection, 63130 Initial Market-Based Rate Filings Including Requests for Migraine––Developing Drugs for Acute Treatment, Blanket Section 204 Authorizations: 63129–63130 Erie Power, LLC, 63118 Meetings: Terra-Gen Energy Services, LLC, 63117–63118 Blood Products Advisory Committee, 63131–63132 Meetings: Sentinel Initiative; Public Workshop, 63130–63131 Yuba County Water Agency, Yuba River Hydroelectric Regulatory Review Period for Patent Extensions: Project; Technical Meeting, 63118 CARBON DIOXIDE LASER, 63132–63133 Food and Nutrition Service Federal Highway Administration PROPOSED RULES NOTICES Requirements for the Distribution and Control of Donated Final Federal Agency Actions on Proposed Highways: Foods, 63224–63256 California, 63209–63210 General Services Administration Federal Maritime Commission RULES NOTICES Acquisition Regulations: Agreements Filed, 63121 Progressive Awards and Monthly Quantity Allocations, Ocean Transportation Intermediary Licenses; Applicants, 63056–63057 63122 NOTICES Ocean Transportation Intermediary Licenses; Reissuances, Agency Information Collection Activities; Proposals, 63122 Submissions, and Approvals: Ocean Transportation Intermediary Licenses; Revocations General Services Administration Acquisition Regulation; and Surrenders, 63122–63123 Zero Burden Information Collection Reports, 63123– 63124 Federal Motor Carrier Safety Administration RULES Health and Human Services Department Emergency Relief Exemptions Pursuant to the Reliable See Centers for Disease Control and Prevention Home Heating Act; Amendments, 63057–63059 See Food and Drug Administration NOTICES See National Institutes of Health Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 63210–63211, 63214–63220 Homeland Security Department Vision, 63211–63214 See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Federal Reserve System See U.S. Customs and Border Protection NOTICES NOTICES Formations of, Acquisitions by, and Mergers of Bank Agency Information Collection Activities; Proposals, Holding Companies, 63123 Submissions, and Approvals: DHS Individual Complaint of Employment Fish and Wildlife Service Discrimination, 63138–63139 NOTICES Regional Equipment and Capabilities Exchange, 63139– Agency Information Collection Activities; Proposals, 63141 Submissions, and Approvals: Committee Establishments: Migratory Birds and Wetlands Conservation Grant United States Secret Service Protective Mission Panel, Programs, 63159–63161 63141–63142
VerDate Sep<11>2014 21:22 Oct 21, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\22OCCN.SGM 22OCCN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Contents V
Industry and Security Bureau Eunice Kennedy Shriver National Institute of Child NOTICES Health and Human Development; Amendment, 63135 Meetings: National Eye Institute, 63134–63135 Information Systems Technical Advisory Committee, National Institute of Allergy and Infectious Diseases, 63079 63134, 63135, 63137 National Institute of Diabetes and Digestive and Kidney Interior Department Diseases, 63134 See Fish and Wildlife Service National Institute of Mental Health, 63136–63137 Office of the Director, Program on Biosecurity and International Trade Administration Biosafety Policy, 63133–63134 NOTICES Antidumping or Countervailing Duty Investigations, Orders, National Oceanic and Atmospheric Administration or Reviews: RULES Certain Steel Nails from the Republic of Korea, Malaysia, Fisheries of the Exclusive Economic Zone Off Alaska: the Sultanate of Oman, Taiwan, and the Socialist Pacific Cod by Trawl Catcher Vessels in the Central Republic of Vietnam, 63082–63083 Regulatory Area of the Gulf of Alaska, 63059–63060 Diamond Sawblades and Parts Thereof from the People’s PROPOSED RULES Republic of China; Court Decision Not in Harmony 2015 Annual Determination to Implement the Sea Turtle with Final Results of Sunset Review, 63080–63081 Observer Requirement, 63066–63077 Drawn Stainless Steel Sinks from the People’s Republic NOTICES Agency Information Collection Activities; Proposals, of China, 63079–63080 Submissions, and Approvals: Stainless Steel Bar from Spain, 63081–63082 Alaska Commercial Operator’s Annual Report, 63085 Requests for Applications: Catcher Processor Socio-cultural Study, 63087–63088 International Buyer Program Calendar Year 2016, 63083– Contingent Valuation Surveys to Assess Value of Selected 63085 Hurricane Sandy Restoration Efforts in New York International Trade Commission and New Jersey, 63086–63087 Non-Economic Valuation of Subsistence Salmon in NOTICES Alaska, 63085–63086 Investigations; Determinations, Modifications, and Rulings, Endangered and Threatened Species: etc.: Guadalupe Fur Seal; Initiation of Status Review, 63088– Certain Sleep-Disordered Breathing Treatment Systems 63089 and Components Thereof, 63163–63165 Ningbo Topoint Outdoor Sports Co., Ltd.; Certain Neighborhood Reinvestment Corporation Archery Products and Related Marketing Materials, NOTICES 63165–63166 Meetings; Sunshine Act, 63175 Justice Department Nuclear Regulatory Commission See Antitrust Division NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63175–63176 Submissions, and Approvals, 63166–63167 Meetings: Proposed Consent Decrees under the Clean Air Act, 63167 Advisory Committee on Reactor Safeguards Subcommittee on Advanced Boiling Water Reactor, Labor Department 63176 See Employee Benefits Security Administration Advisory Committee on Reactor Safeguards See Labor Statistics Bureau Subcommittee on Planning and Procedures, 63177 See Occupational Safety and Health Administration Subcommittee on Plant License Renewal, 63176–63177 NOTICES Agency Information Collection Activities; Proposals, Occupational Safety and Health Administration Submissions, and Approvals: NOTICES Miner’s Claim for Benefits under the Black Lung Benefits Agency Information Collection Activities; Proposals, Act and Employment History, 63169–63170 Submissions, and Approvals: Slings, 63172–63174 Labor Statistics Bureau Subpart A (General Provisions) and Subpart B (Confined NOTICES and Enclosed Spaces and Other Dangerous Meetings: Atmospheres in Shipyard Employment), 63171– Bureau of Labor Statistics Technical Advisory Committee, 63172 63170–63171 Charter Renewals: National Advisory Committee on Occupational Safety Merit Systems Protection Board and Health, 63174 RULES Meetings: Practices and Procedures, 63031–63032 Improving Chemical Facility Safety and Security; Webinars, 63174–63175 National Institutes of Health NOTICES Patent and Trademark Office Meetings: RULES Center for Scientific Review, 63135–63138 Renaming of Express Mail to Priority Mail Express, 63036– Center for Scientific Review; Cancellation, 63135, 63138 63044
VerDate Sep<11>2014 21:22 Oct 21, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\22OCCN.SGM 22OCCN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER VI Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Contents
Postal Regulatory Commission Transportation Department NOTICES See Federal Aviation Administration New Postal Products, 63177–63179 See Federal Highway Administration See Federal Motor Carrier Safety Administration Securities and Exchange Commission See Surface Transportation Board NOTICES NOTICES Applications: Meetings: BlackRock Advisors, LLC, et al., 63183–63186 Advisory Council on Transportation Statistics, 63209 Principal Real Estate Income Fund and ALPS Advisors, Inc., 63179–63183 Treasury Department Meetings; Sunshine Act, 63186 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Agency Information Collection Activities; Proposals, BATS Exchange, Inc., 63198–63201 Submissions, and Approvals, 63220–63221 Chicago Mercantile Exchange, Inc., 63186–63188, 63194– 63196 U.S. Citizenship and Immigration Services Miami International Securities Exchange, LLC, 63196– NOTICES 63198 Agency Information Collection Activities; Proposals, New York Stock Exchange, LLC, 63191–63194 Submissions, and Approvals: NYSE Arca, Inc., 63188–63191 Application for Regional Center under the Immigrant NYSE MKT, LLC, 63201–63204 Investor Program and Supplement, 63157–63158 Petition for Amerasian, Widower, or Special Immigrant, Small Business Administration 63158–63159 NOTICES Agency Information Collection Activities; Proposals, U.S. Customs and Border Protection Submissions, and Approvals: National Women’s Business Council, 63204–63205 NOTICES Disaster Declarations: Commercial Laboratories; Accreditations: Montana, 63205–63206 Intertek USA, Inc., 63159 Military Reservist Economic Injury Disaster Loans: Interest Rates, 63206 Veterans Affairs Department NOTICES State Department Funding Availabilities: NOTICES Supportive Services for Veteran Families Program; Agency Information Collection Activities; Proposals, Correction, 63221 Submissions, and Approvals: Annual Report – J–NONIMMIGRANT Exchange Visitor Program, 63206 Separate Parts In This Issue Designations as Global Terrorists: Hakimullah Mehsud, 63207 Part II Khan Said a.k.a. Khan Sayed, et al., 63207 Agriculture Department, Food and Nutrition Service, Qari Hussain, 63207 63224–63256 Ramzi Mawafi a.k.a. Ramzi Mowafi, et al., 63206–63207 Sangeen Zadran, 63207 Part III Meetings: Environmental Protection Agency, 63258–63286 U.S. National Commission for the United Nations Educational, Scientific, and Cultural Organization, 63207–63208 U.S.–Morocco Free Trade Agreement Environment Reader Aids Chapter Implementation, Working Group on Consult the Reader Aids section at the end of this page for Environmental Cooperation, and Public Session, phone numbers, online resources, finding aids, reminders, 63208–63209 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Surface Transportation Board LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Petitions for Declaratory Orders: archives, FEDREGTOC-L, Join or leave the list (or change California High Speed Rail Authority, 63220 settings); then follow the instructions.
VerDate Sep<11>2014 21:22 Oct 21, 2014 Jkt 232001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\22OCCN.SGM 22OCCN asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
5 CFR 1201...... 63031 1210...... 63031 7 CFR Proposed Rules: 250...... 63224 251...... 63224 12 CFR Ch. VI...... 63033 621...... 63033 14 CFR Proposed Rules: 65...... 63061 21 CFR 866...... 63034 Proposed Rules: 73...... 63062 34 CFR Proposed Rules: 75...... 63062 77...... 63062 37 CFR 1...... 63036 2...... 63036 7...... 63036 11...... 63036 41...... 63036 42...... 63036 40 CFR 52 (2 documents) ...... 63044, 63045 180 (2 documents) ...... 63047, 63053 Proposed Rules: 403...... 63258 441...... 63258 48 CFR 501...... 63056 514...... 63056 552...... 63056 49 CFR 390...... 63057 50 CFR 679...... 63059 Proposed Rules: 222...... 63066
VerDate Sep 11 2014 20:38 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\22OCLS.LOC 22OCLS mstockstill on DSK4VPTVN1PROD with FEDLS 63031
Rules and Regulations Federal Register Vol. 79, No. 204
Wednesday, October 22, 2014
This section of the FEDERAL REGISTER and limits review of such actions to a commenters can be obtained in contains regulatory documents having general final decision issued by an MSPB discovery. applicability and legal effect, most of which administrative judge. Paragraph (b) of A commenter objected to the Board’s are keyed to and codified in the Code of section 707 of the Act requires the regulation imposing a rebuttable Federal Regulations, which is published under MSPB to develop and to put into effect presumption in favor of the Secretary’s 50 titles pursuant to 44 U.S.C. 1510. expedited procedures for processing penalty determination as inconsistent The Code of Federal Regulations is sold by appeals filed pursuant to 38 U.S.C. 713 with 38 U.S.C. 713, 5 U.S.C. 7701, and the Superintendent of Documents. Prices of and to submit a report to Congress Board case law. The Board respectfully new books are listed in the first FEDERAL within 14 days that addresses several disagrees with this comment. REGISTER issue of each week. matters, including the steps the Board is As the commenter noted, the Board’s taking to conduct the expedited review current regulation states that proof of required under the Act. The Board underlying misconduct or poor MERIT SYSTEMS PROTECTION submitted the required report to performance by the agency creates a BOARD Congress on August 21, 2014. A copy of presumption that the penalty (removal the report is available at the Board’s or transfer) was warranted. 5 CFR 5 CFR Parts 1201 and 1210 Web site (www.mspb.gov). 1210.18(a). An appellant may rebut this Practices and Procedures The MSPB received comments presumption by establishing that the concerning its interim final rule from selected penalty was unreasonable AGENCY: Merit Systems Protection the National Employment Lawyers under the circumstances of the case. Id. Board. Association, the law firm of Passman In drafting part 1210, the Board ACTION: Final rule. and Kaplan, and the American Civil sought to interpret 38 U.S.C. 713 in Liberties Union of the Nation’s Capital. accordance with its plain meaning and SUMMARY: The Merit Systems Protection The comments are available to the Congressional intent. Consistent with Board (MSPB or the Board) is adopting public at the Board’s Web site these considerations, part 1210 requires as final an interim rule that adapted the (www.mspb.gov). These commenters the Department of Veterans Affairs to Board’s regulations to legislative raised several concerns with the interim prove its charges of misconduct and changes which created new laws final rule. poor performance by preponderant applicable to the removal or transfer of The commenters asked the MSPB to evidence, as required in appeals filed at Senior Executive Service employees of reconsider limitations on discovery set the Board under 5 U.S.C. 7701. the Department of Veterans Affairs. forth in part 1210. While the Board The commenter correctly notes that DATES: Effective: October 22, 2014. understands the position of the the penalty analysis set forth in part FOR FURTHER INFORMATION CONTACT: commenters, it remains convinced that 1210 differs from the penalty analysis William D. Spencer, Clerk of the Board, broader discovery rules are the Board employs in other appeals. Merit Systems Protection Board, 1615 M incompatible with the requirement to Generally, the Board requires that an Street NW., Washington, DC 20419; adjudicate within 21 days cases filed agency prove by preponderant evidence phone: (202) 653–7200; fax: (202) 653– under 38 U.S.C. 713. Accordingly, the that the penalty promotes the efficiency 7130; or email: [email protected]. Board will retain the current discovery of the service and is reasonable. In so SUPPLEMENTARY INFORMATION: On August rules, which limit the parties to 10 doing, the Board reviews an agency- 19, 2014, the Board published an interrogatories, no depositions, and no imposed penalty to determine if the interim final rule (79 FR 48941) that second round of discovery. The Board agency considered all the relevant amended 5 CFR 1201.3 and added a notes that, under part 1210, the factors and exercised management new 5 CFR part 1210 to the Board’s administrative judge has the discretion discretion within tolerable limits of adjudicatory procedures in response to to allow additional discovery and alter reasonableness. Douglas v. Veterans amendments to Federal law contained discovery procedures when he or she Admin., 5 M.S.P.R. 280, 306 (1981). in the Veterans’ Access to Care through deems it necessary. However, under 38 U.S.C. 713(a)(1), Choice, Accountability, and A commenter asked the MSPB to ‘‘[t]he Secretary may remove an Transparency Act of 2014, Public Law expand the scope of materials that an individual from a Senior Executive 113–146 (the Act). Two days later, on agency must disclose when taking an Service position . . . if the Secretary August 21, 2014, the Board amended the action covered by part 1210. The determines the performance or interim final rule by making certain interim rule provides that an agency misconduct of the individual warrants technical corrections to definitions and must supply a copy of the ‘‘response such removal.’’ The Board has citations. 79 FR 49423. file’’ (all documents and evidence the interpreted this unqualified language as As the Board explained in detail in agency used in making the decision to granting the Secretary of the Department the interim rule at 79 FR 48941–48942, remove or transfer a covered employee). of Veterans Affairs broad discretion in section 707(a) of the Act created 38 5 CFR 1210.2(c) and 1210.5(c). The selecting the appropriate penalty for U.S.C. 713, which contains new rules Board has concluded that the current proven misconduct or poor for the removal or transfer of Senior ‘‘response file’’ is sufficient to inform performance. In order to afford Executive Service employees of the the employee of the reasons supporting appropriate deference to the Secretary’s Department of Veterans Affairs (covered the agency action and that expanding penalty decision, while at the same time SES employees) for performance or the scope of required disclosures is not preserving the Board’s ultimate misconduct, requires expedited review necessary because the additional authority to review such a of appeals of such actions by the MSPB, information identified by the determination in an appeal filed with
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63032 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
the Board, the Board has interpreted 38 (to the extent a hearing transcript is when it refuses to reply to a discovery U.S.C. 713 as requiring the use of a contained in the Board’s files), and all request. The commenter suggested that rebuttable presumption in favor of a hearing exhibits can be made available such a procedure would be quicker and penalty selected by the Secretary. to interested parties as permitted under more efficient than requiring an Applying the penalty analysis employed Federal law, including, but not limited appellant to file a motion to compel in other MSPB appeals to appeals filed to, the Freedom of Information Act discovery. While the Board understands under 38 U.S.C. 713 would be (FOIA), 5 U.S.C. 552, as amended, 5 how this proposal could perhaps speed inappropriate, as the law governing CFR parts 1204 and 1205, and 5 CFR the resolution of certain discovery other appeals simply does not require 1201.53. The Board notes that the final disputes, the Board believes that its decisions in all appeals decided under the deference required under 38 U.S.C. current discovery procedures have 713. part 1210 will be available for public generally proven to work well and will A commenter asked the MSPB to review in the same manner as Board amend part 1210 to state that filing an final decisions in other types of appeals. allow the parties ample time to resolve appeal with the MSPB under section A commenter asked the MSPB to discovery disputes. However, to the 707 of the Act is not an election of amend its regulations to ensure that extent that timely completion of remedies barring pursuit of other each side will have sufficient and equal discovery is identified as a problem in statutory or regulatory appeal or time to present their cases, despite cases brought under part 1210, the complaint processes, such as filing an statutorily-required time constraints on Board may reconsider this proposal as a equal employment opportunity completion of the appeal. The Board means of speeding completion of complaint, an individual right of action expects that its administrative judges discovery. appeal, and claims under the Uniformed will ensure that the parties are given a A commenter asked the MSPB to Services Employment and fair opportunity to present evidence and amend its regulations to allow parties to Reemployment Rights Act. The Board that the requested regulatory change is seek modification of exhibit and witness will not address this issue because it therefore unnecessary. lists in response to discovery requests. believes that such legal issues should A commenter suggested that in view As noted earlier, MSPB administrative initially be addressed through normal of the limitations that part 1210 places litigation processes. In addition, part on discovery and the inability of the judges fully appreciate the practical 1210 is intended primarily to create three-member Board at MSPB difficulties facing the parties as they procedures that will enable MSPB headquarters in Washington, DC, to assemble and present a case within the administrative judges to decide cases review an administrative judge’s 21-day deadline mandated by the Act filed under 38 U.S.C. 713 within 21 evidentiary rulings, the Board should and the Board expects its administrative days as required by that statute. The amend part 1210 to allow greater judges to allow timely requests to election of remedies issue presented by latitude in the scope of witness modify exhibit and witness lists. the commenter was not addressed in the examination and include a requirement As of the date of submission of this interim rule and addressing this issue that administrative judges should avoid final rule for publication in the Federal now will not further serve the purpose excluding evidence or witness Register, no appeals have been filed for which the Board promulgated part testimony to the greatest extent possible. with the Board under 38 U.S.C. 713. The The Board does not believe that such 1210. Board may reexamine part 1210 A commenter asked the Board to additional requirements are necessary. procedures in light of actual experience amend its regulations to state that a Given the statutorily-required time decision issued under part 1210 would limits in covered appeals, MSPB and will, if necessary, seek additional have no res judicata effect in any other administrative judges must be allowed comment on its procedures and/or type of action because an MSPB to limit the introduction of irrelevant or propose amendments to part 1210. decision on an appeal filed under 38 duplicative evidence as they do under List of Subjects in 5 CFR Parts 1201 and U.S.C. 713 will not satisfy due process normal Board procedures. The Board 1210 requirements. The Board will not has a high degree of confidence in the include such a statement in part 1210. ability of its administrative judges to Administrative practice and The Board has no authority to determine fairly conduct the expedited review procedure. the legal effect of its decisions in other required under 38 U.S.C. 713. fora. In addition, the Board has stated A commenter asked the Board to William D. Spencer, that it lacks the authority to determine amend its regulations to state that Clerk of the Board. the constitutionality of a statute. Brooks section 707 of the Act in no way Corrected Interim Rule Adopted as v. Office of Pers. Mgmt., 59 M.S.P.R. modifies the Special Counsel’s Final Without Change 207, 215 n. 7 (1993). prosecutorial authority under 5 U.S.C. A commenter urged the MSPB to add 1215. The Board will not address this Accordingly, the interim rule a new regulation requiring the issue because, as noted above, it amending 5 CFR Parts 1201 and 1210, Department of Veterans Affairs to pay believes that such legal issues should which was published at 79 FR 48941 on for a complete hearing transcript in all initially be addressed through the August 19, 2014, 2014, and cases decided under part 1210. The normal litigation process. In addition, subsequently corrected at 79 FR 49423 commenter further suggested that the part 1210 is intended primarily to create on August 21, 2014, is adopted as a final Board amend part 1210 to mandate that procedures that will enable MSPB the hearing transcript and all hearing administrative judges to decide appeals rule without change. exhibits be sent to the Department of filed under 38 U.S.C. 713 within 21 [FR Doc. 2014–25212 Filed 10–21–14; 8:45 am] Veterans Affairs Inspector General and days, as required by the Act. Addressing BILLING CODE 7400–01–P House and Senate oversight committees. the issue presented by the commenter The Board has considered this will not further that goal. proposal but will not amend its A commenter suggested that MSPB regulations as requested. A copy of the should amend its regulations to require hearing compact disc, hearing transcript the agency to file a protective order
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 9990 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63033
FARM CREDIT ADMINISTRATION to the Reporting Entity to facilitate the Virginia 22102–5090, (703) 883–4020, collection, enhancement, and reporting TTY (703) 883–4020. 12 CFR Part 621 of data to FCA. SUPPLEMENTARY INFORMATION: A list of The final rule required compliance as RIN 3052–AC75 the 18 FCA Board policy statements is of the effective date, which was set forth below. FCA Board policy Releasing Information; General February 21, 2014, except for the statements may be viewed online at Reporting Entity’s requirements under Provisions; Accounting and Reporting www.fca.gov/handbook.nsf. § 621.15(b)(1) through (6). The final rule Requirements; Reports of Accounts On August 20, 2014, the FCA Board and Exposures specified that the compliance date would be delayed for the Reporting reaffirmed, and made minor updates AGENCY: Farm Credit Administration. Entity’s requirements under only, to FCA–PS–62 on, ‘‘Equal Employment Opportunity and ACTION: Final rule; notice of compliance § 621.15(b)(1) through (6) to allow for Diversity.’’ The changes were date. the development of and transition to the System’s central data repository. grammatical in nature. SUMMARY: The Farm Credit During the System’s data repository The policy was published in the Administration (FCA, we, or our) issued development phase, the banks and Federal Register on August 26, 2014 (79 a final rule on December 24, 2013, to associations continued to prepare and FR 50908). The FCA will continue to establish a regulatory framework for submit the reports of accounts and publish new or revised policy Farm Credit System (System) banks and exposures to FCA in accordance with statements in their full text. associations to report their accounts and the instructions prescribed by FCA FCA Board Policy Statements exposures to the FCA. The final rule under § 621.15(a) of the final rule. The required compliance as of the effective Reporting Entity now has the ability to FCA–PS–34 Disclosure of the Issuance date, which was February 21, 2014, prepare and submit reliable, timely, and Termination of Enforcement except for certain Reporting Entity’s complete and accurate reporting of Documents requirements. The compliance date for accounts and exposures. Therefore, full FCA–PS–37 Communications During those requirements was delayed to compliance with all provisions of the Rulemaking allow for the development of and final rule is required on October 22, FCA–PS–41 Alternative Means of transition to the System’s central data 2014 for accounts and exposures data as Dispute Resolution repository. This document provides the of the quarterly period ended September FCA–PS–44 Travel compliance date for the Reporting Entity 30, 2014. FCA–PS–53 Examination Philosophy requirements. Dated: October 16, 2014. FCA–PS–59 Regulatory Philosophy DATES: The compliance date for the Dale L. Aultman, FCA–PS–62 Equal Employment Reporting Entity requirements under Secretary, Farm Credit Administration Board. Opportunity and Diversity § 621.15(b)(1) through (6), published [FR Doc. 2014–25005 Filed 10–21–14; 8:45 am] December 24, 2013, at 78 FR 77557, FCA–PS–64 Rules for the Transaction BILLING CODE 6705–01–P effective February 21, 2014, is October of Business of the Farm Credit 22, 2014. Administration Board FCA–PS–65 Release of Consolidated FOR FURTHER INFORMATION CONTACT: FARM CREDIT ADMINISTRATION Reporting System Information Susan T. Coleman, Senior Policy Analyst, Office of Regulatory Policy, 12 CFR Chapter VI FCA–PS–67 Nondiscrimination on the Farm Credit Administration, McLean, Basis of Disability in Agency VA 22102–5090, (703) 883–4491, TTY Farm Credit Administration Board Programs and Activities (703) 883–4056; or Policy Statements FCA–PS–68 FCS Building Association Management Operations Policies Jane Virga, Senior Counsel, Office of AGENCY: Farm Credit Administration. and Practices General Counsel, Farm Credit ACTION: Notice of policy statements and FCA–PS–71 Disaster Relief Efforts by Administration, McLean, Virginia index. 22102–5090, (703) 883–4020, TTY Farm Credit Institutions (703) 883–4056. SUMMARY: The Farm Credit FCA–PS–72 Financial Institution SUPPLEMENTARY INFORMATION: We issued Administration (FCA), as part of its Rating System (FIRS) a final rule on December 24, 2013, to annual public notification process, is FCA–PS–77 Borrower Privacy establish a regulatory framework for the publishing for notice an index of the 18 FCA–PS–78 Official Names of Farm reporting of System accounts and Board policy statements currently in Credit Institutions exposures. The final rule established the existence. Most of the policy statements FCA–PS–79 Consideration and reporting requirements and performance remain unchanged since our last Referral of Supervisory Strategies responsibilities, including, but not Federal Register notice on October 24, and Enforcement Actions limited to, establishing uniform and 2013 (78 FR 63380), except for one with FCA–PS–80 Cooperative Operating standard data fields to be collected from minor updates on Equal Employment Philosophy—Serving the Members all System banks and associations and a Opportunity and Diversity. of Farm Credit System Institutions DATES: disciplined and secure delivery of October 22, 2014. FCA–PS–81 Ethics, Independence, information. The final rule authorized a FOR FURTHER INFORMATION CONTACT: Dale Arm’s-Length Role, Ex Parte Reporting Entity (defined as the Federal L. Aultman, Secretary to Board, Farm Communications and Open Farm Credit Banks Funding Corporation Credit Administration, 1501 Farm Government (Funding Corporation) or an entity Credit Drive, McLean Virginia 22102– approved by FCA), to collect data from 5090, (703) 883–4009, TTY (703) 883– Dated: October 16, 2014. all banks and associations and serve as 4056; or Wendy R. Laguarda, Assistant Dale L. Aultman, the central data repository manager. General Counsel, Office of General Secretary, Farm Credit Administration Board. Additionally, the final rule required all Counsel, Farm Credit Administration, [FR Doc. 2014–25131 Filed 10–21–14; 8:45 am] banks and associations to provide data 1501 Farm Credit Drive, McLean BILLING CODE 6705–01–P
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00003 Fmt 4700 Sfmt 9990 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63034 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
DEPARTMENT OF HEALTH AND premarket approval, unless and until classification will be the initial HUMAN SERVICES the device is classified or reclassified classification of the device. Within 30 into class I or II, or FDA issues an order days after the issuance of an order Food and Drug Administration finding the device to be substantially classifying the device, FDA must equivalent, in accordance with section publish a notice in the Federal Register 21 CFR Part 866 513(i) of the FD&C Act, to a predicate announcing this classification. [Docket No. FDA–2014–N–1440] device that does not require premarket On June 13, 2013, Cepheid submitted approval. The Agency determines a request for de novo classification of Medical Devices; Immunology and whether new devices are substantially the Xpert® MTB/RIF Assay under Microbiology Devices; Classification of equivalent to predicate devices by section 513(f)(2) of the FD&C Act. means of premarket notification Nucleic Acid-Based Devices for the In accordance with section 513(f)(2) of procedures in section 510(k) of the Detection of Mycobacterium the FD&C Act, FDA reviewed the FD&C Act (21 U.S.C. 360(k)) and part Tuberculosis Complex and the Genetic request for de novo classification in 807 (21 CFR part 807) of the regulations. Mutations Associated With Antibiotic order to classify the device under the Section 513(f)(2) of the FD&C Act, as Resistance criteria for classification set forth in amended by section 607 of the Food and section 513(a)(1) of the FD&C Act. FDA AGENCY: Food and Drug Administration, Drug Administration Safety and classifies devices into class II if general HHS. Innovation Act (Pub. L. 112–144), controls by themselves are insufficient ACTION: Final order. provides two procedures by which a to provide reasonable assurance of person may request FDA to classify a safety and effectiveness, but there is SUMMARY: The Food and Drug device under the criteria set forth in sufficient information to establish Administration (FDA) is classifying section 513(a)(1) of the FD&C Act. special controls to provide reasonable nucleic acid-based in vitro diagnostic Under the first procedure, the person assurance of the safety and effectiveness devices for the detection of submits a premarket notification under of the device for its intended use. After Mycobacterium tuberculosis complex section 510(k) of the FD&C Act for a review of the information submitted in (MTB-complex) and the genetic device that has not previously been the request, FDA determined that the mutations associated with MTB- classified and, within 30 days of device can be classified into class II complex antibiotic resistance in receiving an order classifying the device with the establishment of special respiratory specimens devices into class into class III under section 513(f)(1) of controls. FDA believes these special II (special controls). The Agency is the FD&C Act, the person requests a controls will provide reasonable classifying the device into class II classification under section 513(f)(2). assurance of the safety and effectiveness (special controls) because special Under the second procedure, rather than of the device. controls, in addition to general controls, first submitting a premarket notification will provide a reasonable assurance of under section 510(k) of the FD&C Act The device is assigned the generic safety and effectiveness of the device. and then a request for classification name nucleic acid-based in vitro DATES: This order is effective November under the first procedure, the person diagnostic devices for the detection of 21, 2014. The classification was determines that there is no legally MTB-complex and the genetic applicable July 25, 2013. marketed device upon which to base a mutations associated with MTB- FOR FURTHER INFORMATION CONTACT: determination of substantial complex antibiotic resistance in Janice Washington, Center for Devices equivalence and requests a classification respiratory specimens, and it is and Radiological Health, Food and Drug under section 513(f)(2) of the FD&C Act. identified as qualitative nucleic acid- Administration, 10903 New Hampshire If the person submits a request to based devices that detect the presence of Ave., Bldg. 66, Rm. 5554, Silver Spring, classify the device under this second MTB-complex-associated nucleic acid MD 20993–0002, 301–796–6207. procedure, FDA may decline to sequences in respiratory samples. These SUPPLEMENTARY INFORMATION: undertake the classification request if devices are intended to aid in the FDA identifies a legally marketed device diagnosis of pulmonary tuberculosis I. Background that could provide a reasonable basis for and the selection of an initial treatment In accordance with section 513(f)(1) of review of substantial equivalence with regimen when used in conjunction with the Federal Food, Drug, and Cosmetic the device or if FDA determines that the clinical findings and other laboratory Act (the FD&C Act) (21 U.S.C. device submitted is not of ‘‘low- results. These devices do not provide 360c(f)(1)), devices that were not in moderate risk’’ or that general controls confirmation of antibiotic susceptibility commercial distribution before May 28, would be inadequate to control the risks since other mechanisms of resistance 1976 (the date of enactment of the and special controls to mitigate the risks may exist that may be associated with Medical Device Amendments of 1976), cannot be developed. a lack of clinical response to treatment generally referred to as postamendments In response to a request to classify a other than those detected by the device. devices, are classified automatically by device under either procedure provided FDA has identified the following risks statute into class III without any FDA by section 513(f)(2) of the FD&C Act, to health associated with this type of rulemaking process. These devices FDA will classify the device by written device and the measures required to remain in class III and require order within 120 days. This mitigate these risks:
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63035
TABLE 1—IDENTIFIED RISKS TO HEALTH AND MITIGATION MEASURES
Identified risks to health Mitigation measures
False positive test results for the presence of MTB-complex may lead The FDA document entitled ‘‘Class II Special Controls Guideline: Nu- to incorrect treatment of the individual with possible adverse effects. cleic Acid-Based In Vitro Diagnostic Devices for the Detection of The patient may be subjected to unnecessary isolation. Unnecessary Mycobacterium tuberculosis Complex and Genetic Mutations Associ- contact investigations may also occur. ated with Mycobacterium tuberculosis Antibiotic Resistance in Res- piratory Specimens,’’ which addresses this risk through: Device Description Containing the Information Specified in the Special Control Guideline. Performance Studies. Labeling. False negative test results for the presence of MTB-complex could con- The FDA document entitled ‘‘Class II Special Controls Guideline: Nu- tribute to disease progression and increase the risk of transmitting in- cleic Acid-Based In Vitro Diagnostic Devices for the Detection of fection to others. Mycobacterium tuberculosis Complex and Genetic Mutations Associ- ated with Mycobacterium tuberculosis Antibiotic Resistance in Res- piratory Specimens,’’ which addresses this risk through: Device Description Containing the Information Specified in the Special Control Guideline. Performance Studies. Labeling. False positive test results for the presence of genetic mutations associ- § 866.3373(b)(2) (21 CFR 866.3373(b)(2)), which addresses the mitiga- ated with MTB-complex antibiotic resistance may lead to incorrect tion of risks specific to the detection of the genetic mutations associ- treatment of the individual with possible adverse effects. The patient ated with antibiotic resistance of M. tuberculosis complex. may be subjected to unnecessary isolation. Unnecessary contact in- vestigations may also occur. False negative test results for the presence of genetic mutations asso- § 866.3373(b)(2), which addresses the mitigation of risks specific to the ciated with MTB-complex antibiotic resistance could contribute to dis- detection of the genetic mutations associated with antibiotic resist- ease progression and increase the risk of transmitting antibiotic re- ance of M. tuberculosis complex. sistant tuberculosis to others. Biosafety risks to health care workers handling specimens and control The FDA document entitled ‘‘Class II Special Controls Guideline: Nu- materials with the possibility of transmission of tuberculosis infection cleic Acid-Based In Vitro Diagnostic Devices for the Detection of to health care workers. Mycobacterium tuberculosis Complex and Genetic Mutations Associ- ated with Mycobacterium tuberculosis Antibiotic Resistance in Res- piratory Specimens,’’ which addresses this risk through: Labeling.
FDA believes that the measures set II device from the premarket notification nor an environmental impact statement forth in the special controls guideline requirements under section 510(k) of the is required. entitled ‘‘Class II Special Controls FD&C Act if FDA determines that Guideline: Nucleic Acid-Based In Vitro premarket notification is not necessary IV. Paperwork Reduction Act of 1995 Diagnostic Devices for the Detection of to provide reasonable assurance of the This final administrative order Mycobacterium tuberculosis Complex safety and effectiveness of the device. establishes special controls that refer to and Genetic Mutations Associated with For this type of device, FDA has previously approved collections of Antibiotic Resistance in Respiratory determined that premarket notification information found in other FDA Specimens’’ and the special controls is necessary to provide reasonable regulations. These collections of identified in § 866.3373(b)(2) of this assurance of the safety and effectiveness information are subject to review by the order are necessary, in addition to of the device. Therefore, this type of Office of Management and Budget general controls, to mitigate the risks to device is not exempt from premarket (OMB) under the Paperwork Reduction health described in table 1. notification requirements. Persons who Therefore, on July 25, 2013, FDA intend to market this type of device Act of 1995 (44 U.S.C. 3501–3520). The issued an order to the petitioner must submit to FDA a premarket collections of information in 21 CFR classifying nucleic acid-based in vitro notification, prior to marketing the parts 50 and 56 are approved under diagnostic devices for the detection of device, which contains information OMB control number 0910–0755; the MTB-complex and the genetic about the nucleic acid-based in vitro collections of information in part 807, mutations associated with MTB- diagnostic devices for the detection of subpart E, regarding premarket complex antibiotic resistance in MTB-complex and the genetic notification submissions have been respiratory specimens devices into class mutations associated with MTB- approved under OMB control number II. FDA is codifying this device type by complex antibiotic resistance in 0910–0120; the collections of adding § 866.3373. respiratory specimens they intend to information in 21 CFR part 812 are II. 510(k) Premarket Notification market. approved under OMB control number 0910–0078; the collections of Following the effective date of this III. Environmental Impact final classification order, any firm information in 21 CFR part 820 have submitting a 510(k) premarket The Agency has determined under 21 been approved under OMB control notification for this device type will CFR 25.34(b) that this action is of type number 0910–0073; and the collections need to comply with the special that does not individually or of information in 21 CFR part 801 and controls. cumulatively have a significant effect on 21 CFR 809.10 have been approved Section 510(m) of the FD&C Act the human environment. Therefore, under OMB control number 0910–0485. provides that FDA may exempt a class neither an environmental assessment
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63036 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
List of Subjects in 21 CFR Part 866 controls include MTB-complex isolates reputable scientific body and Biologics, Laboratories, Medical containing one or more antibiotic- appropriate to the strain lineage. devices. resistance associated target sequences (3) Within-Laboratory (Repeatability) Therefore, under the Federal Food, detected by the device. Precision Testing. Within-laboratory (ii) The device must include internal Drug, and Cosmetic Act and under precision studies, if appropriate, must controls as appropriate. An acceptable authority delegated to the Commissioner include at least one antibiotic resistant internal control may include human of Food and Drugs, 21 CFR part 866 is and one antibiotic susceptible strain of nucleic acid co-extracted with MTB- amended as follows: MTB-complex. complex containing nucleic acid (4) Between Laboratory PART 866—IMMUNOLOGY AND sequences associated with antibiotic Reproducibility Testing. The protocol MICROBIOLOGY DEVICES resistance and primers amplifying for the reproducibility study may vary human housekeeping genes (e.g., slightly depending on the assay format; ■ 1. The authority citation for 21 CFR RNaseP, b-actin). however, the panel must include at least part 866 continues to read as follows: (iii) The device’s intended use must one antibiotic resistant and one Authority: 21 U.S.C. 351, 360, 360c, 360e, include a description of the scope of antibiotic susceptible strain of MTB- 360j, 371. antibiotic resistance targeted by the complex. assay, i.e., the specific drugs and/or ■ 2. Section 866.3373 is added to (C) Clinical Studies. Clinical drug classes. subpart D to read as follows: performance of the device must be (iv) The specific performance established by conducting prospective § 866.3373 Nucleic acid-based in vitro characteristics section of the device’s clinical studies that include subjects diagnostic devices for the detection of labeling must include information with culture confirmed active Mycobacterium tuberculosis complex (MTB- regarding the specificity of the assay tuberculosis. Studies must attempt to complex) and the genetic mutations oligonucleotides for detecting mutations enroll subjects at risk for antibiotic- associated with MTB-complex antibiotic associated with antibiotic resistance of resistance in respiratory specimens. resistant MTB-complex; however, it may MTB-complex, and any information be necessary to include supplemental (a) Identification. Nucleic acid-based indicating the potential for non-specific antibiotic resistant retrospective and in vitro diagnostic devices for the binding (e.g., BLAST search). contrived samples. Clinical studies must detection of Mycobacterium (v) In demonstrating device compare device results to both tuberculosis complex (MTB-complex) performance you must perform: phenotypic drug susceptibility testing and the genetic mutations associated (A) Pre-analytical studies that and genotypic reference methods. The with MTB-complex antibiotic resistance evaluate: genotypic reference method must be a in respiratory specimens are qualitative (1) Frozen samples. If there is use of polymerase chain reaction based nucleic acid-based devices that detect any frozen samples in the device method that uses primers different from the presence of MTB-complex- performance studies, or if there is a those in the experimental device and associated nucleic acid sequences in device claim for the use of frozen confirmed by bidirectional sequencing. respiratory samples. These devices are samples for testing, the effect of freezing intended to aid in the diagnosis of samples prior to testing and the effect of Dated: October 15, 2014. pulmonary tuberculosis and the multiple freeze/thaw cycles on both Leslie Kux, selection of an initial treatment regimen antibiotic susceptible and antibiotic Assistant Commissioner for Policy. when used in conjunction with clinical resistant strains of MTB-complex. [FR Doc. 2014–25049 Filed 10–21–14; 8:45 am] findings and other laboratory results. (2) Nucleic acid extraction methods. BILLING CODE 4164–01–P These devices do not provide Extraction methods must parallel those confirmation of antibiotic susceptibility used in devices for the detection of since other mechanisms of resistance MTB-complex nucleic acid and confirm DEPARTMENT OF COMMERCE may exist that may be associated with that the detection of the genetic a lack of clinical response to treatment mutations associated with antibiotic United States Patent and Trademark other than those detected by the device. resistance is not affected. Office (b) Classification. Class II (special (B) Analytical studies that analyze: controls). The special controls for this (1) Limit of Detection. Limit of 37 CFR Parts 1, 2, 7, 11, 41, and 42 device are: Detection must be determined in the (1) The FDA document entitled ‘‘Class most challenging matrix (e.g., sputum) [Docket No.: PTO–P–2014–0045] II Special Controls Guideline: Nucleic claimed for use with the device. The RIN 0651–AC98 Acid-Based In Vitro Diagnostic Devices Limit of Detection must be determined for the Detection of Mycobacterium using both antibiotic susceptible and Renaming of Express Mail® to Priority tuberculosis Complex and Genetic antibiotic resistant strains of MTB- Mail Express® Mutations Associated with Antibiotic complex. The antibiotic resistant strains Resistance in Respiratory Specimens,’’ must be those with well characterized AGENCY: United States Patent and which addresses the mitigation of risks genetic mutations associated with Trademark Office, Commerce. specific to the detection of MTB- antibiotic resistance. ACTION: Final rule. complex. For availability of the (2) Analytical Reactivity (Inclusivity). document, see § 866.1(e). Testing must be conducted to evaluate SUMMARY: The United States Patent and (2) The following items, which the ability of the device to detect genetic Trademark (Office) is revising the rules address the mitigation of risks specific mutations associated with antibiotic of practice to change the phrase Express to the detection of the genetic mutations resistance in a diversity of MTB- Mail or EXPRESS MAIL® to Priority associated with antibiotic resistance of complex strains. Isolates used in testing Mail Express® due to the United States MTB-complex: must be well characterized. Isolate Postal Service (USPS) renaming Express (i) The device must include an strain characterization must be Mail® to Priority Mail Express® on July external positive assay control as determined using standardized 28, 2013, and to make other changes to appropriate. Acceptable positive assay reference methods recognized by a conform the nomenclature used in the
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63037
rules of practice to the current ‘‘date-in’’ field will be accepted by the ‘‘Express Mail’’ to ‘‘Priority Mail nomenclature used by the USPS. Office. Although the new terminology Express®.’’ DATES: Effective Date: The changes in should be used, papers submitted using Section 2.195: Sections 2.195(a), this final rule are effective on October the former language of Express Mail® (a)(4), (e)(2)(iii), and (e)(3) are amended 22, 2014. and ‘‘date-in’’ will be presumed by the to change ‘‘Express Mail’’ to ‘‘Priority ® ® FOR FURTHER INFORMATION CONTACT: Office to mean Priority Mail Express Mail Express ,’’ and 37 CFR 2.195(e)(1) Eugenia A. Jones, Senior Legal Advisor, and ‘‘date accepted’’ after the effective is amended to change ‘‘Express Mail date. The Office is in the process of Post Office to Addressee’’ to ‘‘Priority at (571) 272–7727, or Erin M. Harriman, ® Legal Advisor, at (571) 272–7747; or by updating its patent application Mail Express Post Office to mail addressed to: United States Patent transmittal forms (e.g., PTO/AIA/15, Addressee.’’ and Trademark Office, Mail Stop PTO/AIA/18, PTO/AIA/19, PTO/AIA/ Section 2.198: Section 2.198 is Comments-Patents, Commissioner for 50, PTO/SB/16, PTO/SB/29) to change amended to change ‘‘Express Mail’’ to the reference Express Mail® Label No. to ‘‘Priority Mail Express®’’ and to change Patents, P.O. Box 1450, Alexandria, VA ® 22313–1450, marked to the attention of Priority Mail Express Label No. ‘‘date in’’ or ‘‘date-in’’ to ‘‘date Eugenia A. Jones. Costs and Benefits: This rulemaking is accepted.’’ In particular, 37 CFR not economically significant under 2.198(a)(1), (c), (d), (d)(3), (e), and (e)(3) SUPPLEMENTARY INFORMATION: Executive Summary: Purpose: Executive Order 12866 (Sept. 30, 1993). are amended to change ‘‘Express Mail Background: Effective July 28, 2013, Effective July 28, 2013, the USPS Post Office to Addressee’’ to ‘‘Priority the USPS changed the name of Express ® changed the name of Express Mail® to Mail Express Post Office to Addressee’’ Mail® to Priority Mail Express®. This Priority Mail Express®. Accordingly, the and 37 CFR 2.198(a)(1), (a)(2), (b), (c), final rule revises the rules of practice to Office is revising the rules of practice to (c)(2), (c)(3), (d), (d)(2), (e)(2)–(4), and (f) change the phrase Express Mail to conform the nomenclature used in the are amended to change ‘‘Express Mail’’ Priority Mail Express® and to make ® rules of practice to the current to ‘‘Priority Mail Express .’’ In addition, other changes to conform the nomenclature used by the USPS. 37 CFR 2.198(a)(2), (b), (c), (c)(3), (d), More specifically, the Office is nomenclature used in the rules of and (e)(3) are amended to change ‘‘date changing the phrase Express Mail or practice to the current nomenclature in’’ or ‘‘date-in’’ to ‘‘date accepted.’’ ® used by the USPS. EXPRESS MAIL to Priority Mail 37 CFR Part 7 Express® in 37 CFR 1.5, 1.6, 1.10, 2.119, Discussion of Specific Rules Section 7.4: Section 7.4(b)(1) is 2.195, 2.198, 7.4, 11.35, 11.41, 11.42, The following is a discussion of amended to change ‘‘Express Mail’’ to 11.51, 41.106, 42.6, 42.105, 42.205, and amendments to Title 37 of the Code of ‘‘Priority Mail Express®.’’ 42.406. In addition, the USPS has ® Federal Regulations, Parts 1, 2, 7, 11, 41, updated the Priority Mail Express and 42. 37 CFR Part 11 mailing label. The mailing label now Section 11.35: Section 11.35(a)(2) is 37 CFR Part 1 has a ‘‘date accepted’’ field rather than amended to change ‘‘Express Mail’’ to a ‘‘date-in’’ field, which was previously Section 1.5: Section 1.5(a) is amended ® ® ‘‘Priority Mail Express .’’ used on the Express Mail mailing to change ‘‘Express Mail procedure’’ to Section 11.41: Section 11.41(b) is label. The Office is revising 37 CFR ‘‘Priority Mail Express® procedure.’’ amended to change ‘‘Express Mail’’ to 1.10, 2.198, and 41.106 accordingly. Section 1.6: Section 1.6(a) is amended ‘‘Priority Mail Express®.’’ All characteristics of the Priority Mail to change ‘‘Express Mail date of ® Section 11.42: Sections 11.42(a)(2), Express service are the same as those deposit’’ to ‘‘Priority Mail Express® date ® (b)(2), (c)(2), and (e) are amended to of the former Express Mail service, of deposit.’’ Section 1.6(a)(2) is change ‘‘Express Mail’’ to ‘‘Priority Mail although the mailing labels differ. The amended to change ‘‘Express Mail’’ to Express®.’’ modifications to the rules are purely ‘‘Priority Mail Express®.’’ Section 11.51: Section 11.51(a) is changes in terminology resulting from Section 1.10: Section 1.10 is amended amended to change ‘‘Express Mail’’ to the renaming implemented by the USPS to change ‘‘Express Mail’’ to ‘‘Priority ‘‘Priority Mail Express®.’’ on July 28, 2013. There is no substantive Mail Express®’’ and to change ‘‘date-in’’ change in practice before the Office as or ‘‘date in’’ to ‘‘date accepted.’’ In 37 CFR Part 41 a result of these rule changes. Thus, particular, 37 CFR 1.10(a)(1), (c), (d), Section 41.106: Section 41.106(d)(1) is parties still cannot use a foreign or (d)(3), (e), (e)(3), (g), and (h) are amended to change each occurrence of international mail service (such as the amended to change ‘‘Express Mail Post ‘‘EXPRESS MAIL®’’ to ‘‘Priority Mail newly renamed Priority Mail Express Office to Addressee’’ to ‘‘Priority Mail Express®’’ and to change ‘‘date-in’’ to ® International ) or other forms of U.S. Express® Post Office to Addressee’’ and ‘‘date accepted.’’ mail, such as certified mail, to obtain 37 CFR 1.10(a)(2), (b), (c), (c)(2), (c)(3), the benefit under 37 CFR 1.10 and (d), (d)(2), (e)(2)–(4), (f), (g), (g)(2)–(4), 37 CFR Part 42 2.198. The procedure in 37 CFR 1.10 (h), (h)(2)–(4), (i), (i)(1), and (i)(3) are Section 42.6: Section 42.6(e)(1) is and 2.198 is limited to correspondence amended to change ‘‘Express Mail’’ to amended to change each occurrence of deposited in Priority Mail Express® Post ‘‘Priority Mail Express®.’’ In addition, ‘‘EXPRESS MAIL®’’ to ‘‘Priority Mail Office to Addressee service of the USPS. 37 CFR 1.10(a)(2), (b), (c), (c)(3), (d), Express®.’’ The changes in this final rule are (e)(3), and (g)(3) are amended to change Section 42.105: Section 42.105(b) is effective on the date of publication in ‘‘date-in’’ or ‘‘date in’’ to ‘‘date amended to change each occurrence of the Federal Register. Papers submitted accepted.’’ ‘‘EXPRESS MAIL®’’ to ‘‘Priority Mail prior to the effective date containing Express®.’’ language pertaining to Express Mail® 37 CFR Part 2 Section 42.205: Section 42.205(b) is and the mailing label ‘‘date-in’’ field Section 2.119: Section 2.119(b)(4) is amended to change each occurrence of will be accepted by the Office. Papers amended to change ‘‘Express Mail Post ‘‘EXPRESS MAIL®’’ to ‘‘Priority Mail submitted after the effective date Office to Addressee’’ to ‘‘Priority Mail Express®.’’ containing language pertaining to Express® Post Office to Addressee’’ and Section 42.406: Section 42.406(b) is Express Mail® and the mailing label 37 CFR 2.119(c) is amended to change amended to change each occurrence of
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63038 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
‘‘EXPRESS MAIL®’’ to ‘‘Priority Mail justify the costs of the rule; (2) tailored under Executive Order 12630 (Mar. 15, Express®.’’ the rule to impose the least burden on 1988). society consistent with obtaining the K. Congressional Review Act: Under Rulemaking Considerations regulatory objectives; (3) selected a the Congressional Review Act A. Administrative Procedure Act: This regulatory approach that maximizes net provisions of the Small Business rulemaking revises the rules of practice benefits; (4) specified performance Regulatory Enforcement Fairness Act of to change the phrase Express Mail or objectives; (5) identified and assessed 1996 (5 U.S.C. 801 et seq.), prior to ® EXPRESS MAIL to Priority Mail available alternatives; (6) involved the issuing any final rule, the United States ® Express due to the United States Postal public in an open exchange of Patent and Trademark Office will Service (USPS) renaming Express Mail® submit a report containing the final rule ® information and perspectives among to Priority Mail Express on July 28, experts in relevant disciplines, affected and other required information to the 2013, and to make other changes to stakeholders in the private sector, and United States Senate, the United States conform the nomenclature used in the the public as a whole, and provided on- House of Representatives, and the rules of practice to the current line access to the rulemaking docket; (7) Comptroller General of the Government nomenclature used by the USPS. attempted to promote coordination, Accountability Office. The changes in Therefore, the changes in this simplification, and harmonization this document are not expected to result rulemaking involve rules of agency across government agencies and in an annual effect on the economy of practice and procedure and/or identified goals designed to promote 100 million dollars or more, a major interpretive rules. See Bachow innovation; (8) considered approaches increase in costs or prices, or significant Commc’ns Inc. v. F.C.C., 237 F.3d 683, that reduce burdens and maintain adverse effects on competition, 690 (D.C. Cir. 2001) (stating that rules flexibility and freedom of choice for the employment, investment, productivity, governing an application process are public; and (9) ensured the objectivity of innovation, or the ability of United procedural under the Administrative scientific and technological information States-based enterprises to compete Procedure Act); Inova Alexandria Hosp. and processes. with foreign-based enterprises in v. Shalala, 244 F.3d 342, 350 (4th Cir. E. Executive Order 13132 domestic and export markets. Therefore, 2001) (holding that rules for handling (Federalism): This rulemaking does not this document is not expected to result appeals were procedural where they did contain policies with federalism in a ‘‘major rule’’ as defined in 5 U.S.C. not change the substantive standard for implications sufficient to warrant 804(2). reviewing claims). L. Unfunded Mandates Reform Act of preparation of a Federalism Assessment Accordingly, prior notice and 1995: The changes set forth in this under Executive Order 13132 (Aug. 4, opportunity for public comment were document do not involve a Federal 1999). not required pursuant to 5 U.S.C. 553(b) intergovernmental mandate that will F. Executive Order 13175 (Tribal or (c) (or any other law). See Cooper result in the expenditure by State, local, Techs. Co. v. Dudas, 536 F.3d 1330, Consultation): This rulemaking will not: and tribal governments, in the aggregate, 1336–37 (Fed. Cir. 2008) (stating that 5 (1) Have substantial direct effects on one of 100 million dollars (as adjusted) or U.S.C. 553, and thus 35 U.S.C. or more Indian tribes; (2) impose more in any one year, or a Federal 2(b)(2)(B), does not require notice and substantial direct compliance costs on private sector mandate that will result comment rulemaking for ‘‘interpretative Indian tribal governments; or (3) in the expenditure by the private sector rules, general statements of policy, or preempt tribal law. Therefore, a tribal of 100 million dollars (as adjusted) or rules of agency organization, procedure, summary impact statement is not more in any one year, and will not or practice’’ (quoting 5 U.S.C. required under Executive Order 13175 significantly or uniquely affect small 553(b)(3)(A))). (Nov. 6, 2000). governments. Therefore, no actions are B. Regulatory Flexibility Act: As prior G. Executive Order 13211 (Energy necessary under the provisions of the notice and an opportunity for public Effects): This rulemaking is not a Unfunded Mandates Reform Act of comment are not required pursuant to 5 significant energy action under 1995. See 2 U.S.C. 1501 et seq. U.S.C. 553 or any other law, neither a Executive Order 13211 because this M. National Environmental Policy regulatory flexibility analysis nor a rulemaking is not likely to have a Act: This rulemaking will not have any certification under the Regulatory significant adverse effect on the supply, effect on the quality of the environment Flexibility Act (5 U.S.C. 601 et seq.) is distribution, or use of energy. Therefore, and is thus categorically excluded from required. See 5 U.S.C. 603. Further, this a Statement of Energy Effects is not review under the National rulemaking only revises nomenclature required under Executive Order 13211 Environmental Policy Act of 1969. See to be consistent with the current (May 18, 2001). 42 U.S.C. 4321 et seq. nomenclature used by the USPS, and H. Executive Order 12988 (Civil N. National Technology Transfer and therefore the changes in this rulemaking Justice Reform): This rulemaking meets Advancement Act: The requirements of will not have a significant economic applicable standards to minimize section 12(d) of the National impact on a substantial number of small litigation, eliminate ambiguity, and Technology Transfer and Advancement entities. reduce burden as set forth in sections Act of 1995 (15 U.S.C. 272 note) are not C. Executive Order 12866 (Regulatory 3(a) and 3(b)(2) of Executive Order applicable because this rulemaking does Planning and Review): This rulemaking 12988 (Feb. 5, 1996). not contain provisions which involve has been determined to be not I. Executive Order 13045 (Protection the use of technical standards. significant for purposes of Executive of Children): This rulemaking does not O. Paperwork Reduction Act: This Order 12866 (Sept. 30, 1993). concern an environmental risk to health rulemaking does not contain any D. Executive Order 13563 (Improving or safety that may disproportionately information collection requirements Regulation and Regulatory Review): The affect children under Executive Order under the Paperwork Reduction Act of Office has complied with Executive 13045 (Apr. 21, 1997). 1995 (44 U.S.C. 3501 et seq.). Order 13563 (Jan. 18, 2011). J. Executive Order 12630 (Taking of Notwithstanding any other provision Specifically, the Office has, to the extent Private Property): This rulemaking will of law, no person is required to respond feasible and applicable: (1) Made a not affect a taking of private property or to, nor shall a person be subject to a reasoned determination that the benefits otherwise have taking implications penalty for failure to comply with, a
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63039
collection of information subject to the international application. Any § 1.10 Filing of correspondence by Priority ® requirements of the Paperwork correspondence not containing such Mail Express . Reduction Act unless that collection of identification will be returned to the (a)(1) Any correspondence received information displays a currently valid sender where a return address is by the U.S. Patent and Trademark Office OMB control number. available. The returned correspondence (USPTO) that was delivered by the Priority Mail Express® Post Office to List of Subjects will be accompanied with a cover letter which will indicate to the sender that if Addressee service of the United States 37 CFR Part 1 the returned correspondence is Postal Service (USPS) will be considered filed with the USPTO on the Administrative practice and resubmitted to the Patent and date of deposit with the USPS. procedure, Courts, Freedom of Trademark Office within two weeks of (2) The date of deposit with USPS is information, Inventions and patents, the mail date on the cover letter, the shown by the ‘‘date accepted’’ on the Reporting and recordkeeping original date of receipt of the Priority Mail Express® label or other requirements, Small businesses. correspondence will be considered by official USPS notation. If the USPS 37 CFR Part 2 the Patent and Trademark Office as the deposit date cannot be determined, the date of receipt of the correspondence. Administrative practice and correspondence will be accorded the Applicants may use either the procedure, Courts, Lawyers, USPTO receipt date as the filing date. Certificate of Mailing or Transmission See § 1.6(a). Trademarks. procedure under § 1.8 or the Priority (b) Correspondence should be 37 CFR Part 7 Mail Express® procedure under § 1.10 deposited directly with an employee of Administrative practice and for resubmissions of returned the USPS to ensure that the person procedure, Trademarks. correspondence if they desire to have depositing the correspondence receives the benefit of the date of deposit in the a legible copy of the Priority Mail ® 37 CFR Part 11 United States Postal Service. If the Express mailing label with the ‘‘date Administrative practice and returned correspondence is not accepted’’ clearly marked. Persons procedure, Inventions and patents, resubmitted within the two-week dealing indirectly with the employees of the USPS (such as by deposit in a Lawyers, Reporting and recordkeeping period, the date of receipt of the ® requirements. resubmission will be considered to be Priority Mail Express drop box) do so at the risk of not receiving a copy of the the date of receipt of the 37 CFR Part 41 Priority Mail Express® mailing label correspondence. The two-week period with the desired ‘‘date accepted’’ clearly Administrative practice and to resubmit the returned procedure, Inventions and patents, marked. The paper(s) or fee(s) that correspondence will not be extended. In Lawyers. constitute the correspondence should addition to the application number, all also include the Priority Mail Express® 37 CFR Part 42 letters directed to the Patent and mailing label number thereon. See Administrative practice and Trademark Office concerning paragraphs (c), (d) and (e) of this procedure, Inventions and patents, applications for patent should also state section. Lawyers. the name of the first listed inventor, the (c) Any person filing correspondence For the reasons set forth in the title of the invention, the date of filing under this section that was received by preamble, 37 CFR parts 1, 2, 7, 11, 41, the same, and, if known, the group art the Office and delivered by the Priority and 42 are amended as follows: unit or other unit within the Patent and Mail Express® Post Office to Addressee Trademark Office responsible for service of the USPS, who can show that PART 1—RULES OF PRACTICE IN considering the letter and the name of there is a discrepancy between the filing PATENT CASES the examiner or other person to which date accorded by the Office to the it has been assigned. correspondence and the date of deposit ■ 1. The authority citation for 37 CFR * * * * * as shown by the ‘‘date accepted’’ on the Part 1 continues to read as follows: Priority Mail Express® mailing label or Authority: 35 U.S.C. 2(b)(2), unless ■ 3. Section 1.6 is amended by revising other official USPS notation, may otherwise noted. the introductory text of paragraph (a) petition the Director to accord the ■ 2. Section 1.5 is amended by revising and revising paragraph (a)(2) to read as correspondence a filing date as of the paragraph (a) to read as follows: follows: ‘‘date accepted’’ on the Priority Mail Express® mailing label or other official § 1.5 Identification of patent, patent § 1.6 Receipt of correspondence. USPS notation, provided that: application, or patent-related proceeding. (a) Date of receipt and Priority Mail (1) The petition is filed promptly after (a) No correspondence relating to an Express® date of deposit. the person becomes aware that the application should be filed prior to Correspondence received in the Patent Office has accorded, or will accord, a receipt of the application number from and Trademark Office is stamped with filing date other than the USPS deposit the Patent and Trademark Office. When the date of receipt except as follows: date; a letter directed to the Patent and (2) The number of the Priority Mail Trademark Office concerns a previously * * * * * Express® mailing label was placed on filed application for a patent, it must (2) Correspondence filed in the paper(s) or fee(s) that constitute the identify on the top page in a accordance with § 1.10 will be stamped correspondence prior to the original conspicuous location, the application with the date of deposit as Priority Mail mailing by Priority Mail Express®; and number (consisting of the series code Express® with the United States Postal (3) The petition includes a true copy ® and the serial number; e.g., 07/123,456), Service. of the Priority Mail Express mailing or the serial number and filing date * * * * * label showing the ‘‘date accepted,’’ and assigned to that application by the of any other official notation by the Patent and Trademark Office, or the ■ 4. Section 1.10 is revised to read as USPS relied upon to show the date of international application number of the follows: deposit.
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63040 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
(d) Any person filing correspondence date is a date other than the ‘‘date emergency in Priority Mail Express® under this section that was received by accepted’’ on the Priority Mail Express® service. the Office and delivered by the Priority mailing label or other official notation (h) Any person who attempts to mail Mail Express® Post Office to Addressee entered by the USPS, a showing correspondence addressed as set out in service of the USPS, who can show that pursuant to paragraph (d)(3) of this § 1.1(a) to the Office with sufficient the ‘‘date accepted’’ on the Priority Mail section that the requested filing date postage utilizing the Priority Mail Express® mailing label or other official was the date the correspondence was Express® Post Office to Addressee notation entered by the USPS was deposited in the Priority Mail Express® service of the USPS, but has the incorrectly entered or omitted by the Post Office to Addressee service prior to correspondence refused by an employee USPS, may petition the Director to the last scheduled pickup for that day; of the USPS due to an interruption or accord the correspondence a filing date and emergency in Priority Mail Express® as of the date the correspondence is (4) The petition includes a statement service, may petition the Director to shown to have been deposited with the which establishes, to the satisfaction of consider such correspondence as filed USPS, provided that: the Director, the original deposit of the on a particular date in the Office, (1) The petition is filed promptly after correspondence and that the copies of provided that: the person becomes aware that the the correspondence, the copy of the (1) The petition is filed promptly after Office has accorded, or will accord, a Priority Mail Express® mailing label, the the person becomes aware of the refusal filing date based upon an incorrect entry copy of any returned postcard receipt, of the correspondence; by the USPS; and any official notation entered by the (2) The number of the Priority Mail (2) The number of the Priority Mail USPS are true copies of the originally Express® mailing label was placed on Express® mailing label was placed on mailed correspondence, original Priority the paper(s) or fee(s) that constitute the the paper(s) or fee(s) that constitute the Mail Express® mailing label, returned correspondence prior to the attempted correspondence prior to the original postcard receipt, and official notation mailing by Priority Mail Express®; mailing by Priority Mail Express®; and entered by the USPS. (3) The petition includes the original (3) The petition includes a showing (f) The Office may require additional correspondence or a copy of the original which establishes, to the satisfaction of evidence to determine if the correspondence showing the number of the Director, that the requested filing correspondence was deposited as the Priority Mail Express® mailing label date was the date the correspondence Priority Mail Express® with the USPS thereon; and was deposited in the Priority Mail on the date in question. (4) The petition includes a statement Express® Post Office to Addressee (g) Any person who mails by the person who originally attempted service prior to the last scheduled correspondence addressed as set out in to deposit the correspondence with the pickup for that day. Any showing § 1.1(a) to the Office with sufficient USPS which establishes, to the pursuant to this paragraph must be postage utilizing the Priority Mail satisfaction of the Director, the original corroborated by evidence from the USPS Express® Post Office to Addressee attempt to deposit the correspondence or that came into being after deposit and service of the USPS, but has the and that the correspondence or copy of within one business day of the deposit correspondence returned by the USPS the correspondence is the original of the correspondence in the Priority due to an interruption or emergency in correspondence or a true copy of the Mail Express® Post Office to Addressee Priority Mail Express® service, may correspondence originally attempted to service of the USPS. petition the Director to consider such be deposited with the USPS on the (e) Any person mailing correspondence as filed on a particular requested filing date. The Office may correspondence addressed as set out in date in the Office, provided that: require additional evidence to § 1.1(a) to the Office with sufficient (1) The petition is filed promptly after determine if the correspondence was postage utilizing the Priority Mail the person becomes aware of the return refused by an employee of the USPS due Express® Post Office to Addressee of the correspondence; to an interruption or emergency in service of the USPS but not received by (2) The number of the Priority Mail Priority Mail Express® service. the Office, may petition the Director to Express® mailing label was placed on (i) Any person attempting to file consider such correspondence filed in the paper(s) or fee(s) that constitute the correspondence under this section that the Office on the USPS deposit date, correspondence prior to the original was unable to be deposited with the provided that: mailing by Priority Mail Express®; USPS due to an interruption or (1) The petition is filed promptly after (3) The petition includes the original emergency in Priority Mail Express® the person becomes aware that the correspondence or a copy of the original service which has been so designated by Office has no evidence of receipt of the correspondence showing the number of the Director, may petition the Director ® correspondence; the Priority Mail Express mailing label to consider such correspondence as (2) The number of the Priority Mail thereon and a copy of the Priority Mail filed on a particular date in the Office, ® ® Express mailing label was placed on Express mailing label showing the provided that: the paper(s) or fee(s) that constitute the ‘‘date accepted’’; and (1) The petition is filed in a manner correspondence prior to the original (4) The petition includes a statement designated by the Director promptly mailing by Priority Mail Express®; which establishes, to the satisfaction of after the person becomes aware of the (3) The petition includes a copy of the the Director, the original deposit of the designated interruption or emergency in originally deposited paper(s) or fee(s) correspondence and that the Priority Mail Express® service; that constitute the correspondence correspondence or copy of the (2) The petition includes the original showing the number of the Priority Mail correspondence is the original correspondence or a copy of the original Express® mailing label thereon, a copy correspondence or a true copy of the correspondence; and of any returned postcard receipt, a copy correspondence originally deposited (3) The petition includes a statement of the Priority Mail Express® mailing with the USPS on the requested filing which establishes, to the satisfaction of label showing the ‘‘date accepted,’’ a date. The Office may require additional the Director, that the correspondence copy of any other official notation by evidence to determine if the would have been deposited with the the USPS relied upon to show the date correspondence was returned by the USPS but for the designated of deposit, and, if the requested filing USPS due to an interruption or interruption or emergency in Priority
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63041
Mail Express® service, and that the of the date on which the complete consider such correspondence as filed correspondence or copy of the transmission is received in the Office on a particular date in the Office. correspondence is the original unless that date is a Saturday, Sunday, (2) The petition must: correspondence or a true copy of the or Federal holiday within the District of (i) Be filed promptly after the ending correspondence originally attempted to Columbia, in which case the filing date of the designated interruption or be deposited with the USPS on the will be the next succeeding day that is emergency; requested filing date. not a Saturday, Sunday, or Federal (ii) Include the original holiday within the District of Columbia. correspondence or a copy of the original PART 2—RULES OF PRACTICE IN (4) Correspondence filed in correspondence; and TRADEMARK CASES accordance with § 2.198 will be given a (iii) Include a statement that the filing date as of the date of deposit as correspondence would have been ■ 5. The authority citation for 37 CFR Priority Mail Express® with the United deposited with the United States Postal part 2 continues to read as follows: States Postal Service. Service on the requested filing date but Authority: 15 U.S.C. 1123; 35 U.S.C. 2, (b) Correspondence delivered by for the designated interruption or unless otherwise noted. hand. Correspondence may be delivered emergency in Priority Mail Express® ■ 6. Section 2.119 is amended by by hand during hours the Office is open service; and that the correspondence revising paragraphs (b)(4) and (c) to read to receive correspondence. attached to the petition is the original as follows: (c) Facsimile transmission. Except in correspondence or a true copy of the the cases enumerated in paragraph (d) of correspondence originally attempted to § 2.119 Service and signing of papers. this section, correspondence, including be deposited as Priority Mail Express® * * * * * authorizations to charge a deposit on the requested filing date. (b) * * * account, may be transmitted by (3) Paragraphs (e)(1) and (e)(2) of this (4) Transmission by the Priority Mail ® facsimile. The receipt date accorded to section do not apply to correspondence Express Post Office to Addressee the correspondence will be the date on that is excluded from the Priority Mail service of the United States Postal which the complete transmission is Express® procedure pursuant to Service or by first-class mail, which may received in the Office, unless that date § 2.198(a)(1). also be certified or registered; is a Saturday, Sunday, or Federal ■ 8. Section 2.198 is revised to read as * * * * * holiday within the District of Columbia. follows: (c) When service is made by first-class See § 2.196. To facilitate proper mail, Priority Mail Express®, or § 2.198 Filing of correspondence by processing, each transmission session ® overnight courier, the date of mailing or should be limited to correspondence to Priority Mail Express . of delivery to the overnight courier will be filed in a single application, (a)(1) Except for documents listed in be considered the date of service. registration or proceeding before the paragraphs (a)(1)(i) through (vii) of this Whenever a party is required to take Office. The application serial number, section, any correspondence received by some action within a prescribed period registration number, or proceeding the Office that was delivered by the ® after the service of a paper upon the number should be entered as a part of Priority Mail Express Post Office to party by another party and the paper is the sender’s identification on a facsimile Addressee service of the United States served by first-class mail, Priority Mail cover sheet. Postal Service (USPS) will be Express®, or overnight courier, 5 days (d) Facsimile transmissions are not considered filed with the Office on the shall be added to the prescribed period. permitted and if submitted, will not be date of deposit with the USPS. The ® * * * * * accorded a date of receipt, in the Priority Mail Express procedure does ■ 7. Section 2.195 is revised to read as following situations: not apply to: follows: (1) Applications for registration of (i) Applications for registration of marks; marks; § 2.195 Receipt of trademark (2) Drawings submitted under § 2.51, (ii) Amendments to allege use under correspondence. § 2.52, § 2.72, or § 2.173; section 1(c) of the Act; (a) Date of receipt and Priority Mail (3) Correspondence to be filed with (iii) Statements of use under section Express® date of deposit. Trademark the Trademark Trial and Appeal Board, 1(d) of the Act; correspondence received in the Office is except notices of ex parte appeal; (iv) Requests for extension of time to given a filing date as of the date of (4) Requests for cancellation or file a statement of use under section 1(d) receipt except as follows: amendment of a registration under of the Act; (1) The Office is not open for the section 7(e) of the Trademark Act; and (v) Affidavits of continued use under filing of correspondence on any day that certificates of registration surrendered section 8 of the Act; is a Saturday, Sunday, or Federal for cancellation or amendment under (vi) Renewal requests under section 9 holiday within the District of Columbia. section 7(e) of the Trademark Act; and of the Act; and Except for correspondence transmitted (5) Madrid-related correspondence (vii) Requests to change or correct electronically under paragraph (a)(2) of submitted under § 7.11, § 7.21, § 7.14, addresses. this section or transmitted by facsimile § 7.23, § 7.24, or § 7.31. (2) The date of deposit with USPS is under paragraph (a)(3) of this section, (e) Interruptions in U.S. Postal shown by the ‘‘date accepted’’ on the no correspondence is received in the Service. (1) If the Director designates a Priority Mail Express® label or other Office on Saturdays, Sundays, or postal service interruption or emergency official USPS notation. If the USPS Federal holidays within the District of within the meaning of 35 U.S.C. 21(a), deposit date cannot be determined, the Columbia. any person attempting to file correspondence will be accorded the (2) Trademark-related correspondence correspondence by Priority Mail date of receipt in the Office as the filing transmitted electronically will be given Express® Post Office to Addressee date. a filing date as of the date on which the service who was unable to deposit the (b) Correspondence should be Office receives the transmission. correspondence with the United States deposited directly with an employee of (3) Correspondence transmitted by Postal Service due to the interruption or the USPS to ensure that the person facsimile will be given a filing date as emergency may petition the Director to depositing the correspondence receives
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63042 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
a legible copy of the Priority Mail the paper(s) or fee(s) prior to the original (f) The Office may require additional Express® mailing label with the ‘‘date mailing; and evidence to determine whether the accepted’’ clearly marked. Persons (3) The petition includes a showing correspondence was deposited as dealing indirectly with the employees of that establishes, to the satisfaction of the Priority Mail Express® with the USPS the USPS (such as by deposit in a Director, that the correspondence was on the date in question. Priority Mail Express® drop box) do so deposited in the Priority Mail Express® at the risk of not receiving a copy of the Post Office to Addressee service prior to PART 7—RULES OF PRACTICE IN Priority Mail Express® mailing label the last scheduled pickup on the FILINGS PURSUANT TO THE with the desired ‘‘date accepted’’ clearly requested filing date. Any showing PROTOCOL RELATING TO THE marked. The paper(s) or fee(s) that pursuant to this paragraph must be MADRID AGREEMENT CONCERNING constitute the correspondence should corroborated by evidence from the USPS THE INTERNATIONAL REGISTRATION also include the Priority Mail Express® or evidence that came into being within OF MARKS mailing label number thereon. See one business day after the deposit of the ■ 9. The authority citation for 37 CFR paragraphs (c), (d) and (e) of this correspondence in the Priority Mail part 7 continues to read as follows: section. Express® Post Office to Addressee (c) Any person filing correspondence service of the USPS. Authority: 15 U.S.C. 1123, 35 U.S.C. 2, under this section that was received by (e) If correspondence is properly unless otherwise noted. the Office and delivered by the Priority addressed to the Office pursuant to ■ 10. Section 7.4 is amended by revising Mail Express® Post Office to Addressee § 2.190 and deposited with sufficient paragraph (b)(1) to read as follows: service of the USPS, who can show that postage in the Priority Mail Express® there is a discrepancy between the filing Post Office to Addressee service of the § 7.4 Receipt of correspondence. date accorded by the Office to the USPS, but not received by the Office, * * * * * correspondence and the date of deposit the party who mailed the (b) * * * as shown by the ‘‘date accepted’’ on the correspondence may petition the (1) International applications under Priority Mail Express® mailing label or Director to consider such § 7.11, subsequent designations under other official USPS notation, may correspondence filed in the Office on § 7.21, requests to record changes in the petition the Director to accord the the USPS deposit date, provided that: International Register under § 7.23 and correspondence a filing date as of the (1) The petition is filed within two § 7.24, and petitions to the Director to ‘‘date accepted’’ on the Priority Mail months after the person becomes aware review an action of the Office’s Madrid Express® mailing label or other official that the Office has no evidence of Processing Unit, when filed by mail, USPS notation, provided that: receipt of the correspondence; will be accorded the date of receipt in (1) The petition is filed within two (2) The number of the Priority Mail the Office, unless they are sent by ® months after the person becomes aware Express® mailing label was placed on Priority Mail Express pursuant to that the Office has accorded, or will the paper(s) or fee(s) prior to the original § 2.198, in which case they will be accord, a filing date other than the USPS mailing; accorded the date of deposit with the deposit date; (3) The petition includes a copy of the United States Postal Service. (2) The number of the Priority Mail originally deposited paper(s) or fee(s) * * * * * Express® mailing label was placed on showing the number of the Priority Mail the paper(s) or fee(s) that constitute the Express® mailing label thereon, a copy PART 11—REPRESENTATION OF correspondence prior to the original of any returned postcard receipt, a copy OTHERS BEFORE THE UNITED mailing; and of the Priority Mail Express® mailing STATES PATENT AND TRADEMARK (3) The petition includes a true copy label showing the ‘‘date accepted,’’ a OFFICE of the Priority Mail Express® mailing copy of any other official notation by ■ 11. The authority citation for 37 CFR label showing the ‘‘date accepted,’’ and the USPS relied upon to show the date part 11 continues to read as follows: of any other official notation by the of deposit, and, if the requested filing USPS relied upon to show the date of date is a date other than the ‘‘date Authority: 5 U.S.C. 500, 15 U.S.C. 1123, 35 deposit. accepted’’ on the Priority Mail Express® U.S.C. 2(b)(2), 32, 41. (d) Any person filing correspondence mailing label or other official notation ■ 12. Section 11.35 is amended by under this section that was received by entered by the USPS, a showing revising the introductory text of the Office and delivered by the Priority pursuant to paragraph (d)(3) of this paragraph (a)(2) to read as follows: Mail Express® Post Office to Addressee section that the correspondence was service of the USPS, who can show that deposited in the Priority Mail Express® § 11.35 Service of complaint. the ‘‘date accepted’’ on the Priority Mail Post Office to Addressee service prior to (a) * * * Express® mailing label or other official the last scheduled pickup on the (2) By mailing a copy of the complaint notation entered by the USPS was requested filing date; and by Priority Mail Express®, first-class incorrectly entered or omitted by the (4) The petition includes a statement mail, or any delivery service that USPS, may petition the Director to that establishes, to the satisfaction of the provides ability to confirm delivery or accord the correspondence a filing date Director, the original deposit of the attempted delivery to: as of the date the correspondence is correspondence and that the copies of * * * * * shown to have been deposited with the the correspondence, the copy of the ■ 13. Section 11.41 is amended by ® USPS, provided that: Priority Mail Express mailing label, the revising paragraph (b) to read as follows: (1) The petition is filed within two copy of any returned postcard receipt, months after the person becomes aware and any official notation entered by the § 11.41 Filing of papers. that the Office has accorded, or will USPS are true copies of the originally * * * * * accord, a filing date based upon an mailed correspondence, original Priority (b) All papers filed after entry of an incorrect entry by the USPS; Mail Express® mailing label, returned initial decision by the hearing officer (2) The number of the Priority Mail postcard receipt, and official notation shall be filed with the USPTO Director. Express® mailing label was placed on entered by the USPS. A copy of the paper shall be served on
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63043
the OED Director. The hearing officer or § 11.51 Depositions. (3) Service must be by Priority Mail ® the OED Director may provide for filing (a) Depositions for use at the hearing Express or by means at least as fast and papers and other matters by hand, by reliable as Priority Mail Express®. ® in lieu of personal appearance of a Priority Mail Express , or by other witness before the hearing officer may Electronic service is not permitted means. be taken by respondent or the OED without Board authorization. ■ 14. Section 11.42 is revised to read as Director upon a showing of good cause * * * * * follows: and with the approval of, and under PART 42—TRIAL PRACTICE BEFORE § 11.42 Service of papers. such conditions as may be deemed appropriate by, the hearing officer. THE PATENT TRIAL AND APPEAL (a) All papers other than a complaint Depositions may be taken upon oral or BOARD shall be served on a respondent who is written questions, upon not less than represented by an attorney by: ■ (1) Delivering a copy of the paper to ten days’ written notice to the other 18. The authority citation for 37 CFR the office of the attorney; or party, before any officer authorized to part 42 continues to read as follows: (2) Mailing a copy of the paper by administer an oath or affirmation in the Authority: 35 U.S.C. 2(b)(2), 6, 21, 23, 41, first-class mail, Priority Mail Express®, place where the deposition is to be 135, 311, 312, 316, 321–326 and Public Law or other delivery service to the attorney taken. The parties may waive the 112–29. at the address provided by the attorney requirement of ten days’ notice and under § 11.40(a)(1); or depositions may then be taken of a ■ 19. Section 42.6 is amended by (3) Any other method mutually witness at a time and place mutually revising paragraph (e)(1) to read as agreeable to the attorney and a agreed to by the parties. When a follows: representative for the OED Director. deposition is taken upon written questions, copies of the written § 42.6 Filing of documents, including (b) All papers other than a complaint exhibits; service. shall be served on a respondent who is questions will be served upon the other not represented by an attorney by: party with the notice, and copies of any * * * * * (1) Delivering a copy of the paper to written cross-questions will be served (e) * * * the respondent; or by hand or Priority Mail Express® not (1) Electronic or other mode. Service (2) Mailing a copy of the paper by less than five days before the date of the may be made electronically upon first-class mail, Priority Mail Express®, taking of the deposition unless the agreement of the parties. Otherwise, or other delivery service to the parties mutually agree otherwise. A service may be by Priority Mail respondent at the address to which a party on whose behalf a deposition is Express® or by means at least as fast and complaint may be served or such other taken shall file a copy of a transcript of reliable as Priority Mail Express®. address as may be designated in writing the deposition signed by a court reporter by the respondent; or with the hearing officer and shall serve * * * * * (3) Any other method mutually one copy upon the opposing party. ■ 20. Section 42.105 is amended by agreeable to the respondent and a Expenses for a court reporter and revising paragraph (b) to read as follows: representative for the OED Director. preparing, serving, and filing (c) A respondent shall serve on the depositions shall be borne by the party § 42.105 Service of petition. representative for the OED Director one at whose instance the deposition is * * * * * copy of each paper filed with the taken. Depositions may not be taken to (b) Upon agreement of the parties, hearing officer or the OED Director. A obtain discovery, except as provided for service may be made electronically. paper may be served on the in paragraph (b) of this section. representative for the OED Director by: Service may be by Priority Mail (1) Delivering a copy of the paper to * * * * * Express® or by means at least as fast and reliable as Priority Mail Express®. the representative; or PART 41—PRACTICE BEFORE THE (2) Mailing a copy of the paper by Personal service is not required. PATENT TRIAL AND APPEAL BOARD first-class mail, Priority Mail Express®, ■ 21. Section 42.205 is amended by or other delivery service to an address ■ 16. The authority citation for 37 CFR designated in writing by the revising paragraph (b) to read as follows: part 41 continues to read as follows: representative; or § 42.205 Service of petition. (3) Any other method mutually Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, agreeable to the respondent and the 23, 32, 41, 134, 135, and Public Law 112–29. * * * * * (b) Upon agreement of the parties, representative. ■ 17. Section 41.106 is amended by service may be made electronically. (d) Each paper filed in a disciplinary revising paragraphs (d)(1) and (e)(3) to Service may be by Priority Mail proceeding shall contain therein a read as follows: certificate of service indicating: Express® or by means at least as fast and (1) The date on which service was § 41.106 Filing and service. reliable as Priority Mail Express®. made; and * * * * * Personal service is not required. (2) The method by which service was made. (d) Specific filing forms—(1) Filing by ■ 22. Section 42.406 is amended by (e) The hearing officer or the USPTO mail. A paper filed using the Priority revising paragraph (b) to read as follows: Mail Express® service of the United Director may require that a paper be § 42.406 Service of petition. served by hand or by Priority Mail States Postal Service will be deemed to ® be filed as of ‘‘date accepted’’ on the * * * * * Express . ® (f) Service by mail is completed when Priority Mail Express mailing label; (b) Upon agreement of the parties, the paper mailed in the United States is otherwise, mail will be deemed to be service may be made electronically. placed into the custody of the U.S. filed as of the stamped date of receipt Service may be by Priority Mail Postal Service. at the Board. Express® or by means at least as fast and ■ 15. Section 11.51 is amended by * * * * * reliable as Priority Mail Express®. revising paragraph (a) to read as follows: (e) * * * Personal service is not required.
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63044 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
Dated: October 10, 2014. 4:30 p.m., Monday through Friday, 110(a)(2)(I)—Nonattainment Area Plan Michelle K. Lee, excluding legal holidays. The interested or Plan Revisions Under Part D, and on Deputy Under Secretary of Commerce for persons wanting to examine these the visibility protection portion of Intellectual Property and Deputy Director of documents should make an section 110(a)(2)(J). the United States Patent and Trademark appointment with the office at least 24 IV. Statutory and Executive Order Office. hours in advance. Review [FR Doc. 2014–24891 Filed 10–21–14; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. BILLING CODE 3510–16–P Lachala Kemp, Air Planning and Under the CAA the Administrator is Development Branch, U.S. required to approve a SIP submission Environmental Protection Agency, that complies with the provisions of the ENVIRONMENTAL PROTECTION Region 7, 11201 Renner Boulevard, Act and applicable Federal regulations. AGENCY Lenexa, KS 66219; telephone number: 42 U.S.C. 7410(k); 40 CFR 52.02(a). (913) 551–7214; fax number: (913) 551– Thus, in reviewing SIP submissions, 40 CFR Part 52 7065; email address: kemp.lachala@ EPA’s role is to approve state choices, epa.gov. provided that they meet the criteria of [EPA–R07–OAR–2014–0500; FRL–9918–11– the CAA. Accordingly, this action Region 7] SUPPLEMENTARY INFORMATION: merely approves state law as meeting Throughout this document, the terms Federal requirements and does not Approval and Promulgation of ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This Implementation Plans; State of impose additional requirements beyond section provides additional information those imposed by state law. For that Kansas; Infrastructure SIP by addressing the following: Requirements for the 2010 Nitrogen reason, this action: • Is not a ‘‘significant regulatory Dioxide National Ambient Air Quality I. Background II. Summary of SIP Revision action’’ under the terms of Executive Standard III. Final Action Order 12866 (58 FR 51735, October 4, AGENCY: Environmental Protection IV. Statutory and Executive Order Review 1993) and is therefore not subject to Agency. I. Background review under Executive Orders 12866 ACTION: Final rule. and 13563 (76 FR 3821, January 21, On August 28, 2014, (79 FR 51277), 2011). SUMMARY: The Environmental Protection EPA published a notice of proposed • does not impose an information Agency (EPA) is taking final action to rulemaking (NPR) for the State of collection burden under the provisions approve elements of a State Kansas. The NPR proposed approval of of the Paperwork Reduction Act (44 Implementation Plan (SIP) submission Kansas’ submission that provides the U.S.C. 3501 et seq.); from the State of Kansas addressing the basic elements specified in section • is certified as not having a applicable requirements of Clean Air 110(a)(2) of the CAA, or portions significant economic impact on a Act (CAA) section 110 for the 2010 thereof, necessary to implement, substantial number of small entities National Ambient Air Quality Standards maintain, and enforce the 2010 NO2 under the Regulatory Flexibility Act (5 (NAAQS) for Nitrogen Dioxide (NO ), NAAQS. U.S.C. 601 et seq.); 2 • which requires that each state adopt and II. Summary of SIP Revision does not contain any unfunded submit a SIP to support implementation, mandate or significantly or uniquely On March 19, 2013, and May 9, 2013, maintenance, and enforcement of each affect small governments, as described EPA received SIP submissions from the new or revised NAAQS promulgated by in the Unfunded Mandates Reform Act state of Kansas that address the EPA. These SIPs are commonly referred of 1995 (Pub. L. 104–4); infrastructure elements specified in • to as ‘‘infrastructure’’ SIPs. The does not have Federalism section 110(a)(2) for the 2010 NO infrastructure requirements are designed 2 implications as specified in Executive NAAQS. The submissions addressed the to ensure that the structural components Order 13132 (64 FR 43255, August 10, following infrastructure elements of of each state’s air quality management 1999); section 110(a)(2): (A), (B), (C), (D), (E), • program are adequate to meet the state’s is not an economically significant (F), (G), (H), (J), (K), (L), and (M). responsibilities under the CAA. regulatory action based on health or Specific requirements of section safety risks subject to Executive Order DATES: This final rule is effective 110(a)(2) of the CAA and the rationale 13045 (62 FR 19885, April 23, 1997); November 21, 2014. for EPA’s proposed action to approve • is not a significant regulatory action ADDRESSES: EPA has established a the SIP submission are explained in the subject to Executive Order 13211 (66 FR docket for this action under Docket ID NPR and will not be restated here. No 28355, May 22, 2001); No. EPA–R07–OAR–2014–0500. All public comments were received on the • is not subject to requirements of documents in the electronic docket are NPR. section 12(d) of the National listed in the http://www.regulations.gov Technology Transfer and Advancement III. Final Action index. Although listed in the index, Act of 1995 (15 U.S.C. 272 note) because some information is not publicly EPA is approving Kansas’ application of those requirements would available, i.e., CBI or other information submissions which provides the basic be inconsistent with the CAA; and whose disclosure is restricted by statute. program elements specified in section • does not provide EPA with the Certain other material, such as 110(a)(2)(A), (B), (C), (D), (E), (F), (G), discretionary authority to address, as copyrighted material, will be publicly (H), (J), (K), (L), and (M) of the CAA, or appropriate, disproportionate human available only in hard copy. Publicly portions thereof, necessary to health or environmental effects, using available docket materials are available implement, maintain, and enforce the practicable and legally permissible either electronically at http:// 2010 NO2 NAAQS, as a revision to the methods, under Executive Order 12898 www.regulations.gov or in hard copy at Kansas SIP. This action is being taken (59 FR 7629, February 16, 1994). U.S. Environmental Protection Agency, under section 110 of the CAA. As In addition, this rule does not have Region 7, 11201 Renner Boulevard, discussed in each applicable section of tribal implications as specified by Lenexa, Kansas 66219 from 8:00 a.m. to the NPR, EPA is not acting on section Executive Order 13175 (65 FR 67249,
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63045
November 9, 2000), because the SIP is Under section 307(b)(1) of the CAA, Dated: September 30, 2014. not approved to apply in Indian country petitions for judicial review of this Rebecca Weber, located in the state, and EPA notes that action must be filed in the United States Acting Regional Administrator, Region 7. it will not impose substantial direct Court of Appeals for the appropriate costs on tribal governments or preempt For the reasons stated in the circuit by December 22, 2014. Filing a preamble, the Environmental Protection tribal law. petition for reconsideration by the The Congressional Review Act, 5 Agency amends 40 CFR part 52 as set Administrator of this final rule does not forth below: U.S.C. 801 et seq., as added by the Small affect the finality of this action for the Business Regulatory Enforcement purposes of judicial review nor does it PART 52—APPROVAL AND Fairness Act of 1996, generally provides extend the time within which a petition PROMULGATION OF that before a rule may take effect, the for judicial review may be filed, and IMPLEMENTATION PLANS agency promulgating the rule must shall not postpone the effectiveness of submit a rule report, which includes a ■ such rule or action. This action may not 1. The authority citation for part 52 copy of the rule, to each House of the continues to read as follows: Congress and to the Comptroller General be challenged later in proceedings to of the United States. EPA will submit a enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq. 307(b)(2)). report containing this action and other Subpart R—Kansas required information to the U.S. Senate, List of Subjects in 40 CFR Part 52 the U.S. House of Representatives, and ■ 2. In § 52.870(e) the table is amended the Comptroller General of the United Environmental protection, Air by adding new entry (39) in numerical States prior to publication of the rule in pollution control, Carbon monoxide, order at the end of the table to read as the Federal Register. A major rule Incorporation by reference, follows: cannot take effect until 60 days after it Intergovernmental relations, Nitrogen is published in the Federal Register. Dioxide, and Reporting and § 52.870 Identification of plan. This action is not a ‘‘major rule’’ as recordkeeping requirements. * * * * * defined by 5 U.S.C. 804(2). (e)* * *
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable geographic Name of nonregulatory area or nonattainment State sub- EPA approval date Explanation SIP provision area mittal date
******* (39) Section 110(a)(2) In- Statewide ...... 3/19/2013 10/22/2014 and [Insert This action addresses the following CAA ele- frastructure Require- Federal Register cita- ments: 110 (a)(2)(A), (B), (C), (D), (E), (F), ments for the 2010 tion]. (G), (H), (J), (K), (L), and (M). NO2 NAAQS.
[FR Doc. 2014–24782 Filed 10–21–14; 8:45 am] (NDAC). In this action, EPA is Protection Agency (EPA), Region 8, BILLING CODE 6560–50–P approving the removal of these 1595 Wynkoop St., Denver, Colorado subsections from the SIP because it is 80202–1129. EPA requests that if at all consistent with Clean Air Act (CAA) possible, you contact the individual ENVIRONMENTAL PROTECTION requirements. The State’s submission listed in the FOR FURTHER INFORMATION AGENCY corrects certain deficiencies related to CONTACT section to view the hard copy the treatment of excess emissions from of the docket. You may view the hard 40 CFR Part 52 sources. EPA will address the remaining copy of the docket Monday through [EPA–R08–OAR–2014–0173; FRL–9918–21– revisions from North Dakota’s January Friday, 8:00 a.m. to 4:00 p.m., excluding Region 8] 23, 2013 submission in other actions. Federal holidays. DATES: This final rule is effective FOR FURTHER INFORMATION CONTACT: Approval and Promulgation of November 21, 2014. Implementation Plans; North Dakota; Adam Clark, U.S. Environmental ADDRESSES: Revisions to the Air Pollution Control EPA has established a Protection Agency (EPA), Region 8, Rules docket for this action under Docket Mailcode 8P–AR, 1595 Wynkoop Street, Identification No. EPA–R08–OAR– Denver, Colorado 80202–1129, (303) AGENCY: Environmental Protection 2014–0173. All documents in the docket 312–7104, [email protected]. Agency (EPA). are listed in the www.regulations.gov SUPPLEMENTARY INFORMATION: ACTION: Final rule. index. Although listed in the index, some information is not publicly Definitions SUMMARY: EPA is approving changes to available, e.g., CBI or other information For the purpose of this document, we are North Dakota’s State Implementation whose disclosure is restricted by statute. giving meaning to certain words or initials as Plan (SIP). On January 23, 2013, the Certain other material, such as follows: Governor of North Dakota submitted to copyrighted material, will be publicly (i) The words or initials Act or CAA mean EPA revisions to several chapters of the available only in hard copy. Publicly or refer to the Clean Air Act, unless the North Dakota SIP. These revisions available docket materials are available context indicates otherwise. included the removal of subsections 33– either electronically in (ii) The words EPA, we, us or our mean or 15–03–04.4 and 33–15–05–01.2.a(l) of www.regulations.gov or in hard copy at refer to the United States Environmental the North Dakota Administrative Code the Air Program, Environmental Protection Agency.
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63046 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
(iii) The initials NDAC mean or refer to the 01.2a(1) created an implicit exemption IV. Statutory and Executive Orders North Dakota Administrative Code. from particulate matter emissions limits Review (iv) The initials SIP mean or refer to state for ‘‘temporary operational breakdowns implementation plan. Under the CAA, the Administrator is (v) The initials SSM mean or refer to or cleaning of air pollution equipment’’ required to approve a SIP submission startup, shutdown, and malfunction. if the source met certain conditions. that complies with the provisions of the (vi) The words State or North Dakota mean Because these provisions contemplated Act and applicable federal regulations. the State of North Dakota, unless the context outright exemptions from the otherwise 42 U.S.C. 7410(k); 40 CFR 52.02(a). indicates otherwise. applicable SIP emission limits, they Thus, in reviewing SIP submissions, I. Background were inconsistent with CAA EPA’s role is to approve state choices, provided that they meet the criteria of On January 23, 2013, the Governor of requirements. In addition, NDAC 33– the CAA. Accordingly, this final action North Dakota submitted to EPA SIP 15–03–04.4 had inherent ambiguities merely approves state law as meeting revisions that would remove both NDAC that called into question its federal requirements and does not 33–15–03–04.4 and NDAC 33–15–05– enforceability. impose additional requirements beyond 01.2.a(l) from the North Dakota SIP; the The State’s removal of these those imposed by state law. For that submission also contained other provisions is sufficient to correct the reason, this action: revisions to the North Dakota SIP. On inadequacies the provisions created and • Is not a ‘‘significant regulatory July 16, 2014 (79 FR 41473), we is consistent with the requirements of action’’ subject to review by the Office proposed approval of the removal of the CAA. As a result of their removal of Management and Budget under subsections NDAC 33–15–03–04.4 and from the SIP, the improper exemptions Executive Order 12866 (58 FR 51735, NDAC 33–15–05–01.2.a(l) from the from emissions limitations contained October 4, 1993); North Dakota SIP, but we did not within these provisions will no longer • Does not impose an information propose to take any action on the be available to sources. Therefore, the collection burden under the provisions remaining revisions from the January of the Paperwork Reduction Act (44 23, 2013 submittal. emissions limitations will become continuous and more enforceable. U.S.C. 3501 et seq.); In our proposed rule, we explained • Is certified as not having a that, in accordance with the II. Response to Comments significant economic impact on a requirements of CAA section substantial number of small entities 110(a)(2)(A), SIPs must contain The comment period for our June 16, under the Regulatory Flexibility Act (5 enforceable emission limitations and, in 2014 proposal was open for 30 days. We U.S.C. 601 et seq.); accordance with the definition of received three brief comments on the • Does not contain any unfunded ‘‘emission limitations’’ in CAA section proposed action. The Sierra Club mandate or significantly or uniquely 302(k), such emission limitations must submitted a comment in support of the affect small governments, as described be continuous. In addition, under CAA proposed action, and two individuals in the Unfunded Mandates Reform Act section 304(a), any person may bring a submitted comments regarding other of 1995 (Pub. L. 104–4); civil action against any person alleged matters that are entirely unrelated to the • Does not have federalism to have violated (if there is evidence proposed action. We acknowledge the implications as specified in Executive that the alleged violation has been supportive comment. We are not Order 13132 (64 FR 43255, August 10, repeated) or to be in violation of an responding to the other comments on 1999); is not an economically significant ‘‘emission standard or limitation’’ under subjects unrelated to our proposal. regulatory action based on health or the CAA. For the purposes of section safety risks subject to Executive Order 304, ‘‘emission standard or limitation’’ III. EPA’s Final Action 13045 (62 FR 19885, April 23, 1997); is defined in section 304(f) and includes • Is not a significant regulatory action SIP emission limitations. Thus, SIP We are approving the State’s removal subject to Executive Order 13211 (66 FR emission limitations can be enforced in of NDAC 33–15–03–04.4 and NDAC 33– 28355, May 22, 2001); a section 304 action and so must be 15–05–01.2.a(l) from the North Dakota • Is not subject to requirements of capable of enforcement. SIP provisions SIP, as reflected in the State’s January Section 12(d) of the National that create exemptions such that excess 23, 2013 SIP submission. This approval Technology Transfer and Advancement emissions during startup, shutdown, corrects the deficiencies contained in Act of 1995 (15 U.S.C. 272 note) because malfunctions (SSM) and other these provisions, as noted above, in our application of those requirements would conditions are not violations of the June 16, 2014 proposed rule, and in be inconsistent with the CAA; and, applicable emission limitations are EPA’s February 22, 2013 proposed SSM • Does not provide EPA with the inconsistent with these fundamental SIP Call (78 FR 12531). Based on this discretionary authority to address, as requirements of the CAA with respect to final approval, EPA notes that these two appropriate, disproportionate human emission limitations in SIPs. deficiencies in the North Dakota SIP health or environmental effects, using For these reasons, we proposed to identified in the proposed SSM SIP call practicable and legally permissible approve the State’s removal of methods, under Executive Order 12898 subsections NDAC 33–15–03–04.4 and have now been correctly resolved. Thus, EPA’s final action on the SSM SIP call (59 FR 7629, February 16, 1994). NDAC 33–15–05–01.2.a(l) from the In addition, this rule does not have North Dakota SIP. In particular, NDAC should not need to address these two tribal implications as specified by 33–15–03–04.4 created exemptions from deficiencies. We also note that a third Executive Order 13175 (65 FR 67249, a number of cross-referenced opacity deficient provision, NDAC 33–15–03– November 9, 2000), because the SIP is limits ‘‘where the limits specified in this 04.3, was identified in the February 22, not approved to apply in Indian country article cannot be met because of 2013 proposed SSM SIP call; however, located in the state, and EPA notes that operations and processes such as, but the January 23, 2013 submission did not it will not impose substantial direct not limited to, oil field service and revise NDAC 33–15–03–04.3. Finally, costs on tribal governments or preempt drilling operations, but only so long as we are not taking action today on the tribal law. it is not technically feasible to meet said remaining portions of the January 23, The Congressional Review Act, 5 specifications.’’ NDAC 33–15–05– 2013 submission. U.S.C. 801 et seq., as added by the Small
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63047
Business Regulatory Enforcement 2014. Filing a petition for Dated: October 2, 2014. Fairness Act of 1996, generally provides reconsideration by the Administrator of Debra H. Thomas, that before a rule may take effect, the this final rule does not affect the finality Acting Regional Administrator, Region 8. agency promulgating the rule must of this action for the purposes of judicial 40 CFR part 52 is amended as follows: submit a rule report, which includes a review nor does it extend the time copy of the rule, to each House of the within which a petition for judicial PART 52—APPROVAL AND Congress and to the Comptroller General review may be filed, and shall not PROMULGATION OF of the United States. EPA will submit a postpone the effectiveness of such rule IMPLEMENTATION PLANS report containing this action and other or action. This action may not be required information to the U.S. Senate, challenged later in proceedings to ■ 1. The authority citation for part 52 the U.S. House of Representatives, and enforce its requirements. (See section continues to read as follows: the Comptroller General of the United 307(b)(2).) Authority: 42 U.S.C. 7401 et seq. States prior to publication of the rule in List of Subjects in 40 CFR Part 52 the Federal Register. A major rule Subpart JJ—North Dakota cannot take effect until 60 days after it Environmental protection, Air is published in the Federal Register. pollution control, Carbon monoxide, ■ 2. In § 52.1820, the table in paragraph This action is not a ‘‘major rule’’ as Greenhouse gases, Incorporation by (c) is amended by revising the entries defined by 5 U.S.C. 804(2). reference, Intergovernmental relations, for ‘‘33–15–03–04’’ and ‘‘33–15–05–01’’ Under section 307(b)(1) of the Clean Lead, Nitrogen dioxide, Ozone, to read as follows: Air Act, petitions for judicial review of Particulate matter, Reporting and this action must be filed in the United recordkeeping requirements, Sulfur § 52.1820 Identification of plan. States Court of Appeals for the oxides, Volatile organic compounds. * * * * * appropriate circuit by December 22, Authority: 42 U.S.C. 7401 et seq. (c) * * *
STATE OF NORTH DAKOTA REGULATIONS
State effective 1 State citation Title/Subject date EPA Approval date and citation Explanations
*******
33–15–03 Restrictions of Visible Air Contaminants
******* 33–15–03–04 ... Exceptions ...... 1/1/13 10/22/14, [Insert Federal Register citation].
*******
33–15–05 Emissions of Particulate Matter Restricted
33–15–05–01 ... Restrictions of emissions of particulate mat- 1/1/13 10/22/14 [Insert Federal Register citation]. ter from industrial processes.
******* 1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col- umn for the particular provision.
* * * * * identified and discussed later in this in the Environmental Protection Agency [FR Doc. 2014–24996 Filed 10–21–14; 8:45 am] document. Interregional Research Docket Center (EPA/DC), West William BILLING CODE 6560–50–P Project Number 4 (IR–4) requested these Jefferson Clinton Bldg., Rm. 3334, 1301 tolerances under the Federal Food, Constitution Ave. NW., Washington, DC Drug, and Cosmetic Act (FFDCA). 20460–0001. The Public Reading Room ENVIRONMENTAL PROTECTION is open from 8:30 a.m. to 4:30 p.m., AGENCY DATES: This regulation is effective October 22, 2014. Objections and Monday through Friday, excluding legal holidays. The telephone number for the 40 CFR Part 180 requests for hearings must be received on or before December 22, 2014, and Public Reading Room is (202) 566–1744, [EPA–HQ–OPP–2013–0255; FRL–9917–56] must be filed in accordance with the and the telephone number for the OPP instructions provided in 40 CFR part Docket is (703) 305–5805. Please review Metrafenone; Pesticide Tolerances 178 (see also Unit I.C. of the the visitor instructions and additional SUPPLEMENTARY INFORMATION). information about the docket available AGENCY: Environmental Protection at http://www.epa.gov/dockets. Agency (EPA). ADDRESSES: The docket for this action, ACTION: Final rule. identified by docket identification (ID) FOR FURTHER INFORMATION CONTACT: number EPA–HQ–OPP–2013–0255, is Daniel Rosenblatt, Registration Division SUMMARY: This regulation establishes available at http://www.regulations.gov (7505P), Office of Pesticide Programs, tolerances for residues of metrafenone or at the Office of Pesticide Programs Environmental Protection Agency, 1200 in or on multiple commodities that are Regulatory Public Docket (OPP Docket) Pennsylvania Ave. NW., Washington,
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63048 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP– methoxy-2-methylphenyl)(2,3,4- number: (703) 305–7090; email address: 2013–0255, by one of the following trimethoxy-6-methylphenyl)methanone [email protected]. methods: in or on vegetables, fruiting, group 8–10 • SUPPLEMENTARY INFORMATION: Federal eRulemaking Portal: http:// at 1.0 ppm. That document referenced a www.regulations.gov. Follow the online summary of the petition prepared by I. General Information instructions for submitting comments. BASF, which is available in the docket, A. Does this action apply to me? Do not submit electronically any http://www.regulations.gov. A comment information you consider to be CBI or was received on the notice of filing that You may be potentially affected by other information whose disclosure is was the same as the one submitted for this action if you are an agricultural restricted by statute. petition 3E8211. EPA’s response to this producer, food manufacturer, or • Mail: OPP Docket, Environmental comment is discussed in Unit IV.C. pesticide manufacturer. The following Protection Agency Docket Center (EPA/ Lastly, in the Federal Register of list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. September 12, 2013 (78 FR 56185) Classification System (NAICS) codes is NW., Washington, DC 20460–0001. (FRL–9399–7), EPA issued a document not intended to be exhaustive, but rather • Hand Delivery: To make special pursuant to FFDCA section 408(d)(3), 21 provides a guide to help readers arrangements for hand delivery or U.S.C. 346a(d)(3), announcing the filing determine whether this document delivery of boxed information, please of a pesticide petition (PP 3F8163) by applies to them. Potentially affected follow the instructions at http:// BASF Corporation, 26 Davis Drive, entities may include: www.epa.gov/dockets/contacts.html. Research Triangle Park, NC 27709, • Crop production (NAICS code 111). Additional instructions on commenting requesting to establish a tolerance in 40 • Animal production (NAICS code or visiting the docket, along with more CFR part 180 for residues of the 112). information about dockets generally, is fungicide metrafenone, (3-bromo-6- • Food manufacturing (NAICS code available at http:// methoxy-2-methylphenyl)(2,3,4- 311). www.epa.gov/dockets. trimethoxy-6-methylphenyl)methanone, • Pesticide manufacturing (NAICS in or on fruits, pome group 11–10 at 1.5 II. Summary of Petitioned-For code 32532). ppm. That document referenced a Tolerance B. How can I get electronic access to summary of the petition prepared by In the Federal Register of February other related information? BASF, which is available in the docket, 25, 2014 (79 FR 10458) (FRL–9906–77), http://www.regulations.gov. No You may access a frequently updated EPA issued a document pursuant to comments were received on the notice electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. of filing. regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a Based upon review of the data the Government Printing Office’s e-CFR pesticide petition (PP 3E8211) by IR–4, supporting the petition, EPA has site at http://www.ecfr.gov/cgi-bin/text- 500 College Road East, Suite 201 W, modified the level at which some of the idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Princeton, NJ 08540. The petition tolerances are being established and 40tab_02.tpl. requested that 40 CFR 180.624 be revised some of the commodity amended by establishing tolerances for C. How can I file an objection or hearing definitions for the requested crops. The residues of the fungicide metrafenone, request? reasons for these changes are explained (3-bromo-6-methoxy-2- in Unit IV.D. Under FFDCA section 408(g), 21 methylphenyl)(2,3,4-trimethoxy-6- U.S.C. 346a, any person may file an methylphenyl)methanone, in or on III. Aggregate Risk Assessment and objection to any aspect of this regulation apricot at 0.7 parts per million (ppm); Determination of Safety and may also request a hearing on those cherry subgroup 12–12A at 2.0 ppm; Section 408(b)(2)(A)(i) of FFDCA objections. You must file your objection fruit, small, vine climbing, except fuzzy allows EPA to establish a tolerance (the or request a hearing on this regulation kiwifruit, subgroup 13–07F at 4.5 ppm; legal limit for a pesticide chemical in accordance with the instructions hop, dried cones at 70 ppm; peach residue in or on a food) only if EPA provided in 40 CFR part 178. To ensure subgroup 12–12B at 0.7 ppm; and determines that the tolerance is ‘‘safe.’’ proper receipt by EPA, you must vegetable, cucurbit, group 9 at 0.5 ppm. Section 408(b)(2)(A)(ii) of FFDCA identify docket ID number EPA–HQ– The petition also requested to remove defines ‘‘safe’’ to mean that ‘‘there is a OPP–2013–0255 in the subject line on the existing tolerance in 40 CFR 180.624 reasonable certainty that no harm will the first page of your submission. All for grape at 4.5 ppm upon establishment result from aggregate exposure to the objections and requests for a hearing of the proposed tolerances. That pesticide chemical residue, including must be in writing, and must be document referenced a summary of the all anticipated dietary exposures and all received by the Hearing Clerk on or petition prepared by BASF, the other exposures for which there is before December 22, 2014. Addresses for registrant, which is available in the reliable information.’’ This includes mail and hand delivery of objections docket, http://www.regulations.gov. exposure through drinking water and in and hearing requests are provided in 40 Comments were received on the notice residential settings, but does not include CFR 178.25(b). of filing. EPA’s response to these occupational exposure. Section In addition to filing an objection or comments is discussed in Unit IV.C. 408(b)(2)(C) of FFDCA requires EPA to hearing request with the Hearing Clerk Also, in the Federal Register of May give special consideration to exposure as described in 40 CFR part 178, please 23, 2014 (79 FR 29729) (FRL–9910–29), of infants and children to the pesticide submit a copy of the filing (excluding EPA issued a document pursuant to chemical residue in establishing a any Confidential Business Information FFDCA section 408(d)(3), 21 U.S.C. tolerance and to ‘‘ensure that there is a (CBI)) for inclusion in the public docket. 346a(d)(3), announcing the filing of a reasonable certainty that no harm will Information not marked confidential pesticide petition (PP 3F8187) by BASF result to infants and children from pursuant to 40 CFR part 2 may be Corporation, 26 Davis Drive, Research aggregate exposure to the pesticide disclosed publicly by EPA without prior Triangle Park, NC 27709, requesting to chemical residue. . . .’’ notice. Submit the non-CBI copy of your establish a tolerance in 40 CFR part 180 Consistent with FFDCA section objection or hearing request, identified for residues of metrafenone, (3-bromo-6- 408(b)(2)(D), and the factors specified in
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63049
FFDCA section 408(b)(2)(D), EPA has system was observed up to the highest male CD–1 mice at doses that were reviewed the available scientific data dose tested of 1,000 mg/kg/day, the adequate to assess the carcinogenicity. and other relevant information in limit dose. This is consistent with the • The liver tumors were observed at support of this action. EPA has rest of the database where no effects on doses significantly higher (44x) than sufficient data to assess the hazards of the immune system were observed in those currently used for risk assessment. and to make a determination on any study. • No treatment-related tumors were aggregate exposure for metrafenone seen in female mice. There was no evidence of qualitative • including exposure resulting from the or quantitative susceptibility in the No treatment-related tumors were tolerances established by this action. developmental and reproduction seen in male rats and liver tumors in EPA’s assessment of exposures and risks toxicity studies. In the developmental female rats were seen only at the Limit associated with metrafenone follows. rat study, no effects were observed in Dose which was excessively toxic to females; no tumors were seen at the next A. Toxicological Profile dams or fetuses up to the limit dose of 1,000 mg/kg/day. In the rabbit study, dose of 5,000 ppm, which was EPA has evaluated the available liver toxicity (increased liver weights, considered adequate to assess toxicity data and considered its validity, hypertrophy, and hepatocyte carcinogenicity. • There is no mutagenicity concern completeness, and reliability as well as vacuolation) was observed in the dams for metrafenone the relationship of the results of the but no developmental effects were studies to human risk. EPA has also Specific information on the studies observed up to the limit dose of 1,000 received and the nature of the adverse considered available information mg/kg/day. concerning the variability of the effects caused by metrafenone as well In the rat reproduction toxicity study, the no-observed-adverse-effect-level sensitivities of major identifiable there was no evidence of reproductive subgroups of consumers, including (NOAEL) and the lowest-observed- toxicity. Effects in the offspring infants and children. adverse-effect-level (LOAEL) from the (decreased pup weight) occurred at The liver is the primary target organ toxicity studies can be found at http:// for metrafenone in mice, rabbits and doses similar to those that cause toxicity www.regulations.gov in the document rats. Effects on the liver were seen in in the parental animals (decreased body titled ‘‘Metrafenone. Human Health Risk multiple studies throughout the weight). Assessment for the Section 3 database, including subchronic rat The required battery of mutagenicity Registration on: Apricot, Cherry (Crop studies, the rabbit developmental studies was submitted, including Subgroup 12–12A); Fruiting Vegetables toxicity study, and chronic studies in bacterial reverse mutation assay, (Crop Group 8–10); Fruit, Small, Vine mice and rats. Liver effects observed in mammalian cell mutation (CHO cells), Climbing, Except Fuzzy Kiwifruit (Crop subchronic studies included increased in vitro chromosome aberration (CHO Subgroup 13–07F); Hops, Dried Cones; liver weights, periportal cytoplasmic cells), micronucleus assay and Peach (Crop Subgroup 12–12B), Pome vacuolation, increased cholesterol, and unscheduled DNA synthesis in Fruit (Crop Group 11–10), and hepatocellular hypertrophy. Liver mammalian cells in culture. There is no Vegetable, Cucurbit (Crop Group 9); effects observed in chronic studies evidence that metrafenone is genotoxic. Evaluation of Conditional Data.’’ on included those from the subchronic In the mouse carcinogenicity study, pages 31–40 in docket ID number EPA– studies as well as increased serum liver tumors (increased incidence of HQ–OPP–2013–0255. gamma glutamyl transferase, hepatocellular adenomas and adenomas B. Toxicological Points of Departure/ eosinophilic alterations, necrosis, plus carcinomas) were observed in male Levels of Concern polyploid hepatocytes, bile duct mice at the highest dose of 1,109 mg/kg/ hyperplasia, liver masses, and day. In the rat chronic/carcinogenicity Once a pesticide’s toxicological hepatocellular adenomas. The study, there was an increased incidence profile is determined, EPA identifies additional effects in the chronic studies in hepatocellular adenomas in females toxicological points of departure (POD) indicate a progression of toxicity with at the high dose of 1,419 mg/kg/day. and levels of concern to use in time. The effects on the liver are However, the tumors in the rat females evaluating the risk posed by human consistent with the results of the were not considered in the weight-of- exposure to the pesticide. For hazards absorption, distribution, metabolism, evidence finding because they were that have a threshold below which there and excretion (ADME) studies associated with excessive toxicity to the is no appreciable risk, the toxicological indicating that the highest tissue females, leading to a reduction of the POD is used as the basis for derivation concentrations of metrafenone were dose during the study. The registrant of reference values for risk assessment. found in the liver and gastrointestinal submitted mechanistic studies to PODs are developed based on a careful tract and that bile is the primary route support a mode of action (MOA) for the analysis of the doses in each of excretion. liver tumors, but the studies were toxicological study to determine the Additionally, nephrotoxicity was conducted in rats. Although the MOA dose at which no adverse effects are observed following chronic exposure to was considered plausible, the Agency observed (the NOAEL) and the lowest metrafenone in mice and rats. The concluded the data on rats could not be dose at which adverse effects of concern kidney effects observed in the chronic used to support a MOA finding in mice. are identified (the LOAEL). Uncertainty/ studies included subacute/chronic The Agency concluded that safety factors are used in conjunction interstitial inflammation and chronic/ quantification of cancer risk using a with the POD to calculate a safe progressive nephropathy, cysts, brown non-linear approach would adequately exposure level—generally referred to as pigment in renal cells, increased urinary account for all chronic toxicity a population-adjusted dose (PAD) or a volume, and increased urinary protein. (including carcinogenicity) that could reference dose (RfD)—and a safe margin In a 28-day dermal toxicity study in result from exposure to metrafenone. of exposure (MOE). For non-threshold rats, there were no dermal or systemic The use of the chronic point of risks, the Agency assumes that any effects observed up to the highest dose departure is protective based on the amount of exposure will lead to some tested of 1,000 mg/kg/day, the limit following reasons: degree of risk. Thus, the Agency dose. In a 28-day immunotoxicity study • A treatment-related increase in estimates risk in terms of the probability in female rats, no effect on the immune benign liver tumors was seen only in of an occurrence of the adverse effect
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63050 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
expected in a lifetime. For more assessment process, see http:// A summary of the toxicological information on the general principles www.epa.gov/pesticides/factsheets/ endpoints for metrafenone used for EPA uses in risk characterization and a riskassess.htm. human risk assessment is shown in complete description of the risk Table 1 of this unit.
TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR METRAFENONE FOR USE IN HUMAN HEALTH RISK ASSESSMENT
Point of departure Exposure/scenario and uncertainty/ RfD, PAD, LOC for Study and toxicological effects safety factors risk assessment
Acute Dietary (General popu- No appropriate single dose endpoint was identified in the submitted toxicity database. lation, including Infants and Children and females 13–49).
Chronic dietary (All populations) NOAEL = 24.9 mg/ Chronic RfD = 0.249 Chronic/Carcinogenicity—rat LOAEL (mg/kg/day) = 260, based kg/day mg/kg/day. on hepatotoxicity and nephrotoxicity in both sexes. UFA = 10x cPAD = 0.249 mg/ UFH = 10x kg/day. FQPA SF = 1x
Cancer (Oral, dermal, inhala- Quantification of cancer risk using a cancer potency factor is not required; the chronic reference dose is pro- tion). tective of potential cancer risk FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies).
C. Exposure Assessment iv. Anticipated residue and PCT (e.g., for lawn and garden pest control, 1. Dietary exposure from food and information. EPA did not use indoor pest control, termiticides, and feed uses. In evaluating dietary anticipated residue and/or PCT flea and tick control on pets). exposure to metrafenone, EPA information in the dietary assessment Metrafenone is not registered for any considered exposure under the for metrafenone. Tolerance level specific use patterns that would result petitioned-for tolerances as well as all residues and 100 PCT were assumed for in residential exposure. existing metrafenone tolerances in 40 all food commodities. 4. Cumulative effects from substances CFR 180.624. EPA assessed dietary 2. Dietary exposure from drinking with a common mechanism of toxicity. exposures from metrafenone in food as water. The Agency used screening level Section 408(b)(2)(D)(v) of FFDCA follows: water exposure models in the dietary requires that, when considering whether i. Acute exposure. Quantitative acute exposure analysis and risk assessment to establish, modify, or revoke a dietary exposure and risk assessments for metrafenone in drinking water. tolerance, the Agency consider are performed for a food-use pesticide, These simulation models take into ‘‘available information’’ concerning the if a toxicological study has indicated the account data on the physical, chemical, cumulative effects of a particular possibility of an effect of concern and fate/transport characteristics of pesticide’s residues and ‘‘other occurring as a result of a 1-day or single metrafenone. Further information substances that have a common exposure. regarding EPA drinking water models mechanism of toxicity.’’ No such effects were identified in the used in pesticide exposure assessment EPA has not found metrafenone to toxicological studies for metrafenone; can be found at http://www.epa.gov/ share a common mechanism of toxicity therefore, a quantitative acute dietary oppefed1/models/water/index.htm. with any other substances, and exposure assessment is unnecessary. Based on the Pesticide Root Zone metrafenone does not appear to produce ii. Chronic exposure. In conducting Model/Exposure Analysis Modeling a toxic metabolite produced by other the chronic dietary exposure assessment System (PRZM/EXAMS) and Pesticide substances. For the purposes of this EPA used the 2003–2008 food Root Zone Model Ground Water (PRZM tolerance action, therefore, EPA has consumption data from the U.S. GW), the estimated drinking water assumed that metrafenone does not have Department of Agriculture’s (USDA) concentrations (EDWCs) of total a common mechanism of toxicity with National Health and Nutrition metrafenone for chronic exposures are other substances. For information Examination Survey, What We Eat in estimated to be 14.52 parts per billion regarding EPA’s efforts to determine America (NHANES/WWEIA). As to (ppb) for surface water and 12.3 ppb for which chemicals have a common residue levels in food, EPA assumed 100 ground water. mechanism of toxicity and to evaluate percent crop treated (PCT) and tolerance Modeled estimates of drinking water the cumulative effects of such level residues (adjusted to account for concentrations were directly entered chemicals, see EPA’s Web site at additional residues of concern). into the dietary exposure model. For http://www.epa.gov/pesticides/ iii. Cancer. Based on the data chronic dietary risk assessment, the cumulative. summarized in Unit III.A., EPA has water concentration of value 14.52 ppb concluded that the use of the chronic was used to assess the contribution to D. Safety Factor for Infants and point of departure is appropriate for drinking water. Children assessing cancer risk to metrafenone. 3. From non-dietary exposure. The 1. In general. Section 408(b)(2)(C) of Cancer risk was assessed using the same term ‘‘residential exposure’’ is used in FFDCA provides that EPA shall apply exposure estimates as discussed in Unit this document to refer to non- an additional tenfold (10X) margin of III.C.1.ii., chronic exposure. occupational, non-dietary exposure safety for infants and children in the
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63051
case of threshold effects to account for E. Aggregate Risks and Determination of that there is a reasonable certainty that prenatal and postnatal toxicity and the Safety no harm will result to the general completeness of the database on toxicity EPA determines whether acute and population, or to infants and children and exposure unless EPA determines chronic dietary pesticide exposures are from aggregate exposure to metrafenone based on reliable data that a different safe by comparing aggregate exposure residues. margin of safety will be safe for infants estimates to the acute PAD (aPAD) and IV. Other Considerations and children. This additional margin of chronic PAD (cPAD). For linear cancer safety is commonly referred to as the risks, EPA calculates the lifetime A. Analytical Enforcement Methodology FQPA Safety Factor (SF). In applying probability of acquiring cancer given the Adequate enforcement methodology this provision, EPA either retains the estimated aggregate exposure. Short-, (Method FAMS 105–01, a gas default value of 10X, or uses a different intermediate-, and chronic-term risks chromatography method with electron additional safety factor when reliable are evaluated by comparing the capture or mass spectrometry detector) data available to EPA support the choice estimated aggregate food, water, and is available to enforce the tolerance of a different factor. residential exposure to the appropriate expression. 2. Prenatal and postnatal sensitivity. PODs to ensure that an adequate MOE The method may be requested from: There was no evidence of qualitative or exists. Chief, Analytical Chemistry Branch, quantitative susceptibility in the 1. Acute risk. An acute aggregate risk Environmental Science Center, 701 developmental and reproduction assessment takes into account acute Mapes Rd., Ft. Meade, MD 20755–5350; toxicity studies. In the developmental exposure estimates from dietary telephone number: (410) 305–2905; rat study, no effects were observed in consumption of food and drinking email address: residuemethods@ dams or fetuses up to the limit dose of water. No adverse effect resulting from epa.gov. 1,000 mg/kg/day. In the rabbit study, a single oral exposure was identified liver toxicity (increased liver weights, and no acute dietary endpoint was B. International Residue Limits hypertrophy, and hepatocyte selected. Therefore, metrafenone is not In making its tolerance decisions, EPA vacuolation) was observed in the dams expected to pose an acute risk. seeks to harmonize U.S. tolerances with but no developmental effects were 2. Chronic risk. Using the exposure international standards whenever observed up to the limit dose of 1,000 assumptions described in this unit for possible, consistent with U.S. food mg/kg/day. chronic exposure, EPA has concluded safety standards and agricultural In the rat reproduction toxicity study, that chronic exposure to metrafenone practices. EPA considers the there was no evidence of reproductive from food and water will utilize 16% of international maximum residue limits toxicity. Effects in the offspring the cPAD for children 1–2 years old, the (MRLs) established by the Codex (decreased pup weight) occurred at population group receiving the greatest Alimentarius Commission (Codex), as doses similar to those which cause exposure. There are no residential uses required by FFDCA section 408(b)(4). toxicity in the parental animals for metrafenone. The Codex Alimentarius is a joint (decreased body weight). 3. Short- and Intermediate-term risk. United Nations Food and Agriculture 3. Conclusion. EPA has determined Short- and intermediate-term aggregate Organization/World Health that reliable data show the safety of exposure takes into account short- and Organization food standards program, infants and children would be intermediate-term residential exposure and it is recognized as an international adequately protected if the FQPA SF plus chronic exposure to food and water food safety standards-setting were reduced to 1X. That decision is (considered to be a background organization in trade agreements to based on the following findings: exposure level). A short- and which the United States is a party. EPA i. The toxicity database for intermediate-term adverse effect was may establish a tolerance that is metrafenone is complete. identified; however, metrafenone is not different from a Codex MRL; however, ii. There is no indication that registered for any use patterns that FFDCA section 408(b)(4) requires that metrafenone is a neurotoxic chemical would result in short- and/or EPA explain the reasons for departing and there is no need for a intermediate-term residential exposure. from the Codex level. developmental neurotoxicity study or Short- and intermediate-term risk is The Codex has not established MRLs additional UFs to account for assessed based on short- and for metrafenone. neurotoxicity. intermediate-term residential exposure C. Response to Comments iii. There is no evidence that plus chronic dietary exposure. Because metrafenone results in increased there is no short- and intermediate-term EPA received a comment to the Notice susceptibility in in utero rats or rabbits residential exposure and chronic dietary of Filing that made a request to in the prenatal developmental studies or exposure has already been assessed reconsider ‘‘loosening tolerances’’ for in young rats in the 2-generation under the appropriately protective several pesticide petitions, including for reproduction study. cPAD (which is at least as protective as metrafenone. The commenter points to iv. There are no residual uncertainties the POD used to assess short- and an American Academy of Pediatrics identified in the exposure databases. intermediate-term risk), no further Policy statement regarding pesticide The dietary food exposure assessments assessment of short- and intermediate- exposure in children, a Centers for were performed based on 100 PCT and term risk is necessary, and EPA relies on Disease Control and Prevention report tolerance-level residues (adjusted to the chronic dietary risk assessment for on human exposure to environmental account for additional residues of evaluating short- and intermediate-term chemicals, and a President’s Cancer concern). EPA made conservative risk for metrafenone. Panel regarding reducing environmental (protective) assumptions in the ground 4. Aggregate cancer risk for U.S. cancer risks in supporting the request to and surface water modeling used to population. EPA considers the chronic reconsider the tolerance amendments assess exposure to metrafenone in aggregate risk assessment to be proposed for metrafenone. drinking water. These assessments will protective of any aggregate cancer risk. The Agency understands the not underestimate the exposure and 5. Determination of safety. Based on commenter’s concerns and recognizes risks posed by metrafenone. these risk assessments, EPA concludes that some individuals believe that
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63052 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
certain pesticide chemicals should not would be considered non-violative. For under FFDCA section 408(d), such as be permitted in our food, or that the same reason, EPA is revising the the tolerances in this final rule, do not pesticide tolerances should be requested tolerances of 0.7 ppm in the require the issuance of a proposed rule, ‘‘significantly tightened’’ as the peach subgroup (12–12B) and in apricot the requirements of the Regulatory commenter notes. However, the existing to 0.70 ppm. Flexibility Act (RFA) (5 U.S.C. 601 et legal framework provided by section EPA has also revised the tolerance for seq.), do not apply. 408 of FFDCA states that tolerances may residues of metrafenone in fruiting This final rule directly regulates be set when EPA determines that vegetables from 1.0 ppm to 0.90 ppm growers, food processors, food handlers, aggregate exposure to that pesticide is based on available residue data and and food retailers, not States or tribes, safe, i.e., that there is a reasonable using the Organisation for Economic nor does this action alter the certainty that no harm will result from Cooperation and Development/ relationships or distribution of power aggregate exposure to the pesticide Maximum Residue Limit (OECD MRL) and responsibilities established by chemical residue. When making this tolerance calculation procedures. Congress in the preemption provisions determination, EPA considers the V. Conclusion of FFDCA section 408(n)(4). As such, toxicity, including any potential the Agency has determined that this carcinogenicity, of the pesticide and all Therefore, tolerances are established action will not have a substantial direct anticipated dietary exposures and all for residues of metrafenone, including effect on States or tribal governments, other exposures for which there is its metabolites and degradates, in or on on the relationship between the national reliable information. EPA also gives apricot at 0.70 ppm; cherry subgroup government and the States or tribal special consideration to the potential 12–12A at 2.0 ppm; fruit, pome, group governments, or on the distribution of susceptibility and exposures of infants 11–10 at 1.5 ppm; fruit, small, vine power and responsibilities among the and children to the pesticide chemical climbing, except fuzzy kiwifruit, various levels of government or between residue when making this subgroup 13–07F at 4.5 ppm; hop, dried the Federal Government and Indian determination. For metrafenone, the cones at 70 ppm; peach subgroup 12– tribes. Thus, the Agency has determined Agency has considered all the available 12B at 0.70 ppm; vegetable, cucurbit, that Executive Order 13132, entitled data, including all available data group 9 at 0.50 ppm; and vegetable, ‘‘Federalism’’ (64 FR 43255, August 10, concerning the potential for fruiting, group 8–10 at 0.90 ppm. 1999) and Executive Order 13175, In addition, the existing tolerance on carcinogenicity of metrafenone and its entitled ‘‘Consultation and Coordination grapes is being removed as unnecessary metabolites, and concluded after with Indian Tribal Governments’’ (65 FR since a tolerance is being set for crop conducting a risk assessment, that there 67249, November 9, 2000) do not apply subgroup 13–07F, which includes grape. is a reasonable certainty that no harm to this final rule. In addition, this final The tolerance for raisins is still required will result from aggregate human rule does not impose any enforceable and is not being deleted. exposure to metrafenone and that, duty or contain any unfunded mandate accordingly, the metrafenone tolerances VI. Statutory and Executive Order as described under Title II of the are safe. Reviews Unfunded Mandates Reform Act of 1995 A second comment was received This final rule establishes tolerances (UMRA) (2 U.S.C. 1501 et seq.). stating that ‘‘I do no support use of this This action does not involve any toxic chemical anywhere on earth.’’ under FFDCA section 408(d) in response to a petition submitted to the technical standards that would require Additionally, the commenter wrote that Agency consideration of voluntary ‘‘any chemical should be fully Agency. The Office of Management and Budget (OMB) has exempted these types consensus standards pursuant to section investigated for its harm before being 12(d) of the National Technology released for use.’’ As noted above, the of actions from review under Executive Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act of 1995 Agency understands the commenter’s (NTTAA) (15 U.S.C. 272 note). concerns and recognizes that some Planning and Review’’ (58 FR 51735, individuals believe that pesticide October 4, 1993). Because this final rule VII. Congressional Review Act chemicals should not be permitted in has been exempted from review under Pursuant to the Congressional Review our food or for use anywhere. As to Executive Order 12866, this final rule is Act (5 U.S.C. 801 et seq.), EPA will being investigated for its harm, not subject to Executive Order 13211, submit a report containing this rule and metrafenone has an extensive toxicity entitled ‘‘Actions Concerning other required information to the U.S. database that has been fully evaluated Regulations That Significantly Affect Senate, the U.S. House of by EPA. As noted above, the Agency has Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller considered all the available data and FR 28355, May 22, 2001) or Executive General of the United States prior to concluded that there is a reasonable Order 13045, entitled ‘‘Protection of publication of the rule in the Federal certainty that no harm will result from Children from Environmental Health Register. This action is not a ‘‘major aggregate human exposure to Risks and Safety Risks’’ (62 FR 19885, rule’’ as defined by 5 U.S.C. 804(2). metrafenone and that, accordingly, the April 23, 1997). This final rule does not metrafenone tolerances are safe. contain any information collections List of Subjects in 40 CFR Part 180 subject to OMB approval under the Environmental protection, D. Revisions to Petitioned-For Paperwork Reduction Act (PRA) (44 Tolerances Administrative practice and procedure, U.S.C. 3501 et seq.), nor does it require Agricultural commodities, Pesticides EPA has modified some of the any special considerations under and pests, Reporting and recordkeeping tolerances that were originally requested Executive Order 12898, entitled requirements. in the petition. Instead of the requested ‘‘Federal Actions to Address tolerance for cucurbit vegetables at 0.5 Environmental Justice in Minority Dated: October 10, 2014. ppm, EPA is establishing the tolerance Populations and Low-Income Daniel J. Rosenblatt, at 0.50 ppm, in order to avoid the Populations’’ (59 FR 7629, February 16, Acting Director, Registration Division, Office situation where a field sample 1994). of Pesticide Programs. containing residues significantly above Since tolerances and exemptions that Therefore, 40 CFR chapter I is the tolerance (0.54 ppm, for example) are established on the basis of a petition amended as follows:
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63053
PART 180—[AMENDED] alkenoic fatty acids, branched or linear, through the Government Printing the resulting polyoxyalkylene sorbitan Office’s e-CFR site at http:// ■ 1. The authority citation for part 180 esters having a minimum molecular www.ecfr.gov/cgi-bin/text- continues to read as follows: weight of 1,300 on food or feed idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Authority: 21 U.S.C. 321(q), 346a and 371. commodities. 40tab_02.tpl. ■ 2. Section 180.624 is amended by DATES: This regulation is effective C. Can I file an objection or hearing removing the entry for ‘‘grape’’, and by October 22, 2014. Objections and request? requests for hearings must be received alphabetically adding the following Under FFDCA section 408(g), 21 on or before December 22, 2014, and commodities to the table in paragraph U.S.C. 346a, any person may file an (a) to read as follows: must be filed in accordance with the instructions provided in 40 CFR part objection to any aspect of this regulation § 180.624 Metrafenone; tolerances for 178 (see also Unit I.C. of the and may also request a hearing on those objections. You must file your objection residues. SUPPLEMENTARY INFORMATION). or request a hearing on this regulation (a) * * * ADDRESSES: The docket for this action, in accordance with the instructions identified by docket identification (ID) provided in 40 CFR part 178. To ensure Commodity Parts per number EPA–HQ–OPP–2014–0217, is million proper receipt by EPA, you must available at http://www.regulations.gov identify docket ID number EPA–HQ– or at the Office of Pesticide Programs Apricot ...... 0 .70 OPP–2014–0217 in the subject line on Cherry subgroup 12–12A ... 2 .0 Regulatory Public Docket (OPP Docket) the first page of your submission. All Fruit, pome, group 11–10 ... 1.5 in the Environmental Protection Agency objections and requests for a hearing Fruit, small, vine climbing, Docket Center (EPA/DC), West William must be in writing, and must be except fuzzy kiwifruit, Jefferson Clinton Bldg., Rm. 3334, 1301 subgroup 13–07F ...... 4.5 Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or before December 22, 2014. Addresses for ***** 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections Hop, dried cones ...... 70 and hearing requests are provided in 40 Peach subgroup 12–12B .... 0 .70 Monday through Friday, excluding legal holidays. The telephone number for the CFR 178.25(b). Vegetable, cucurbit, group 9 0 .50 In addition to filing an objection or Vegetable, fruiting, group Public Reading Room is (202) 566–1744, hearing request with the Hearing Clerk 8–10 ...... 0 .90 and the telephone number for the OPP as described in 40 CFR part 178, please Docket is (703) 305–5805. Please review submit a copy of the filing (excluding * * * * * the visitor instructions and additional any Confidential Business Information [FR Doc. 2014–25135 Filed 10–21–14; 8:45 am] information about the docket available (CBI)) for inclusion in the public docket. BILLING CODE 6560–50–P at http://www.epa.gov/dockets. Information not marked confidential FOR FURTHER INFORMATION CONTACT: pursuant to 40 CFR part 2 may be Daniel J. Rosenblatt, Registration ENVIRONMENTAL PROTECTION disclosed publicly by EPA without prior Division (7505P), Office of Pesticide AGENCY notice. Submit the non-CBI copy of your Programs, Environmental Protection objection or hearing request, identified 40 CFR Part 180 Agency, 1200 Pennsylvania Ave. NW., by docket ID number EPA–HQ–OPP– Washington, DC 20460–0001; main [EPA–HQ–OPP–2014–0217; FRL–9916–97] 2014–0217, by one of the following telephone number: (703) 305–7090; methods. email address: [email protected]. Polyoxyalkylated Sorbitan Fatty Acid • Federal eRulemaking Portal: http:// Esters; Tolerance Exemption SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online I. General Information instructions for submitting comments. AGENCY: Environmental Protection Do not submit electronically any Agency (EPA). A. Does this action apply to me? information you consider to be CBI or ACTION: Final rule. You may be potentially affected by other information whose disclosure is this action if you are an agricultural restricted by statute. SUMMARY: This regulation establishes an • Mail: OPP Docket, Environmental exemption from the requirement of a producer, food manufacturer, or pesticide manufacturer. The following Protection Agency Docket Center (EPA/ tolerance for residues of DC), (28221T), 1200 Pennsylvania Ave. polyoxyalkylated sorbitan fatty acid list of North American Industrial Classification System (NAICS) codes is NW., Washington, DC 20460–0001. esters with C6 through C22 aliphatic • Hand Delivery: To make special alkanoic and/or alkenoic fatty acids, not intended to be exhaustive, but rather provides a guide to help readers arrangements for hand delivery or branched or linear, the resulting delivery of boxed information, please polyoxyalkylene sorbitan esters having a determine whether this document applies to them. Potentially affected follow the instructions at http:// minimum molecular weight of 1,300 www.epa.gov/dockets/contacts.html. when used as an inert ingredient in a entities may include: • Crop production (NAICS code 111). Additional instructions on pesticide chemical formulation. Spring • Animal production (NAICS code commenting or visiting the docket, Trading Company, on behalf of Croda, 112). along with more information about Inc., submitted a petition to EPA under • Food manufacturing (NAICS code dockets generally, is available at the Federal Food, Drug, and Cosmetic 311). http://www.epa.gov/dockets. Act (FFDCA), requesting an exemption • Pesticide manufacturing (NAICS II. Background and Statutory Findings from the requirement of a tolerance. code 32532). This regulation eliminates the need to In the Federal Register of September establish a maximum permissible level B. How can I get electronic access to 5, 2014 (79 FR 53012) (FRL–9914–98), for residues of polyoxyalkylated other related information? EPA issued a document pursuant to sorbitan fatty acid esters with C6 You may access a frequently updated FFDCA section 408, 21 U.S.C. 346a, through C22 aliphatic alkanoic and/or electronic version of 40 CFR part 180 announcing the receipt of a pesticide
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63054 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
petition (PP IN–10674) filed by Spring from aggregate exposure to pesticide 7. The polymer does not contain Trading Company, 10805 West inert ingredients, the Agency considers certain perfluoroalkyl moieties Timberwagon Circle, Spring, TX 77380– the toxicity of the inert in conjunction consisting of a CF3- or longer chain 4030, on behalf of Croda, Inc., 315 with possible exposure to residues of length as specified in 40 CFR Cherry Lane, New Castle, DE 19720. The the inert ingredient through food, 723.250(d)(6). petition requested that 40 CFR 180.960 drinking water, and through other Additionally, the polymer also meets be amended by establishing an exposures that occur as a result of as required the following exemption exemption from the requirement of a pesticide use in residential settings. If criteria specified in 40 CFR 723.250(e). tolerance for residues of oxyalkylated EPA is able to determine that a finite 8. The polymer’s number average MW sorbitan fatty acid esters with C6 tolerance is not necessary to ensure that is greater than or equal to 1,000 and less through C22 aliphatic alkanoic and/or there is a reasonable certainty that no than 10,000 daltons. The polymer alkenoic fatty acids, branched or linear, harm will result from aggregate contains less than 10% oligomeric the resulting polyoxyalkylene sorbitan exposure to the inert ingredient, an material below MW 500 and less than esters having a minimum molecular exemption from the requirement of a 25% oligomeric material below MW weight of 1,300 (CAS No. 81776–11–6, tolerance may be established. 1,000. 87090–31–1, 88895–72–1; 1472661–05– Consistent with FFDCA section Thus, polyoxyalkylated sorbitan fatty 4, 161026–53–5, 103171–31–9, 408(b)(2)(D), EPA has reviewed the acid esters meets the criteria for a 1472661–17–8, 1472668–03–3, available scientific data and other polymer to be considered low risk under 1472655–32–5, 1472663–59–4, relevant information in support of this 40 CFR 723.250. Based on its 1472663–64–1, 1472663–66–3, action and considered its validity, conformance to the criteria in this unit, 1472663–92–5, 1472654–83–3, completeness and reliability and the no mammalian toxicity is anticipated 1472644–84–0, 1472644–85–1, relationship of this information to from dietary, inhalation, or dermal 1472644–87–3, 1472644–88–4, human risk. EPA has also considered exposure to polyoxyalkylated sorbitan 1472644–80–6, 1472644–81–7). That available information concerning the fatty acid esters. document included a summary of the variability of the sensitivities of major IV. Aggregate Exposures petition prepared by the petitioner and identifiable subgroups of consumers, solicited comments on the petitioner’s For the purposes of assessing including infants and children. In the potential exposure under this request. The Agency did not receive any case of certain chemical substances that comments. exemption, EPA considered that are defined as polymers, the Agency has polyoxyalkylated sorbitan fatty acid Section 408(c)(2)(A)(i) of FFDCA established a set of criteria to identify allows EPA to establish an exemption esters could be present in all raw and categories of polymers expected to processed agricultural commodities and from the requirement for a tolerance (the present minimal or no risk. The legal limit for a pesticide chemical drinking water, and that non- definition of a polymer is given in 40 occupational non-dietary exposure was residue in or on a food) only if EPA CFR 723.250(b) and the exclusion determines that the exemption is ‘‘safe.’’ possible. The number average MW of criteria for identifying these low-risk polyoxyalkylated sorbitan fatty acid Section 408(c)(2)(A)(ii) of FFDCA polymers are described in 40 CFR defines ‘‘safe’’ to mean that ‘‘there is a esters is 1,300 daltons. Generally, a 723.250(d). Polyoxyalkylated sorbitan reasonable certainty that no harm will polymer of this size would be poorly fatty acid esters conforms to the result from aggregate exposure to the absorbed through the intact definition of a polymer given in 40 CFR pesticide chemical residue, including gastrointestinal tract or through intact 723.250(b) and meets the following all anticipated dietary exposures and all human skin. Since polyoxyalkylated criteria that are used to identify low-risk other exposures for which there is sorbitan fatty acid esters conform to the polymers. reliable information.’’ This includes criteria that identify a low-risk polymer, exposure through drinking water and 1. The polymer is not a cationic there are no concerns for risks use in residential settings, but does not polymer nor is it reasonably anticipated associated with any potential exposure include occupational exposure. Section to become a cationic polymer in a scenarios that are reasonably 408(b)(2)(C) of FFDCA requires EPA to natural aquatic environment. foreseeable. The Agency has determined give special consideration to exposure 2. The polymer does contain as an that a tolerance is not necessary to of infants and children to the pesticide integral part of its composition the protect the public health. chemical residue in establishing an atomic elements carbon, hydrogen, and V. Cumulative Effects From Substances exemption from the requirement of a oxygen. With a Common Mechanism of Toxicity tolerance and to ‘‘ensure that there is a 3. The polymer does not contain as an reasonable certainty that no harm will integral part of its composition, except Section 408(b)(2)(D)(v) of FFDCA result to infants and children from as impurities, any element other than requires that, when considering whether aggregate exposure to the pesticide those listed in 40 CFR 723.250(d)(2)(ii). to establish, modify, or revoke a chemical residue . . .’’ and specifies 4. The polymer is neither designed tolerance, the Agency consider factors EPA is to consider in nor can it be reasonably anticipated to ‘‘available information’’ concerning the establishing an exemption. substantially degrade, decompose, or cumulative effects of a particular depolymerize. pesticide’s residues and ‘‘other III. Risk Assessment and Statutory 5. The polymer is manufactured or substances that have a common Findings imported from monomers and/or mechanism of toxicity.’’ EPA establishes exemptions from the reactants that are already included on EPA has not found polyoxyalkylated requirement of a tolerance only in those the TSCA Chemical Substance sorbitan fatty acid esters to share a cases where it can be shown that the Inventory or manufactured under an common mechanism of toxicity with risks from aggregate exposure to applicable TSCA section 5 exemption. any other substances, and pesticide chemical residues under 6. The polymer is not a water polyoxyalkylated sorbitan fatty acid reasonably foreseeable circumstances absorbing polymer with a number esters does not appear to produce a will pose no appreciable risks to human average molecular weight (MW) greater toxic metabolite produced by other health. In order to determine the risks than or equal to 10,000 daltons. substances. For the purposes of this
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63055
tolerance action, therefore, EPA has different from a Codex MRL; however, power and responsibilities among the assumed that polyoxyalkylated sorbitan FFDCA section 408(b)(4) requires that various levels of government or between fatty acid esters does not have a EPA explain the reasons for departing the Federal Government and Indian common mechanism of toxicity with from the Codex level. tribes, or otherwise have any unique other substances. For information The Codex has not established a MRL impacts on local governments. Thus, the regarding EPA’s efforts to determine for polyoxyalkylated sorbitan fatty acid Agency has determined that Executive which chemicals have a common esters. Order 13132, entitled ‘‘Federalism’’ (64 mechanism of toxicity and to evaluate IX. Conclusion FR 43255, August 10, 1999) and the cumulative effects of such Accordingly, EPA finds that Executive Order 13175, entitled chemicals, see EPA’s Web site at ‘‘Consultation and Coordination with http://www.epa.gov/pesticides/ exempting residues of polyoxyalkylated Indian Tribal Governments’’ (65 FR cumulative. sorbitan fatty acid esters from the requirement of a tolerance will be safe. 67249, November 9, 2000) do not apply VI. Additional Safety Factor for the to this final rule. In addition, this final Protection of Infants and Children X. Statutory and Executive Order rule does not impose any enforceable Reviews Section 408(b)(2)(C) of FFDCA duty or contain any unfunded mandate provides that EPA shall apply an This final rule establishes a tolerance as described under Title II of the additional tenfold margin of safety for under FFDCA section 408(d) in Unfunded Mandates Reform Act of 1995 infants and children in the case of response to a petition submitted to the (UMRA) (2 U.S.C. 1501 et seq.). threshold effects to account for prenatal Agency. The Office of Management and Budget (OMB) has exempted these rules Although this action does not require and postnatal toxicity and the any special considerations under completeness of the data base unless from review under Executive Order Executive Order 12898, entitled EPA concludes that a different margin of 12866, entitled ‘‘Regulatory Planning ‘‘Federal Actions to Address safety will be safe for infants and and Review’’ (58 FR 51735, October 4, children. Due to the expected low 1993). Because this final rule has been Environmental Justice in Minority toxicity of polyoxyalkylated sorbitan exempted from review under Executive Populations and Low-Income fatty acid esters, EPA has not used a Order 12866, this final rule is not Populations’’ (59 FR 7629, February 16, safety factor analysis to assess the risk. subject to Executive Order 13211, 1994), EPA seeks to achieve For the same reasons the additional entitled ‘‘Actions Concerning environmental justice, the fair treatment tenfold safety factor is unnecessary. Regulations That Significantly Affect and meaningful involvement of any Energy Supply, Distribution, or Use’’ (66 group, including minority and/or low- VII. Determination of Safety FR 28355, May 22, 2001) or Executive income populations, in the Based on the conformance to the Order 13045, entitled ‘‘Protection of development, implementation, and criteria used to identify a low-risk Children from Environmental Health enforcement of environmental laws, polymer, EPA concludes that there is a Risks and Safety Risks’’ (62 FR 19885, regulations, and policies. As such, to the reasonable certainty of no harm to the April 23, 1997). This final rule does not extent that information is publicly U.S. population, including infants and contain any information collections available or was submitted in comments children, from aggregate exposure to subject to OMB approval under the to EPA, the Agency considered whether residues of polyoxyalkylated sorbitan Paperwork Reduction Act (PRA) (44 groups or segments of the population, as fatty acid esters. U.S.C. 3501 et seq.), nor does it involve a result of their location, cultural any technical standards that would VIII. Other Considerations practices, or other factors, may have require Agency consideration of atypical or disproportionately high and A. Analytical Enforcement Methodology voluntary consensus standards pursuant adverse human health impacts or An analytical method is not required to section 12(d) of the National Technology Transfer and Advancement environmental effects from exposure to for enforcement purposes since the the pesticide discussed in this Agency is establishing an exemption Act of 1995 (NTTAA) (15 U.S.C. 272 document, compared to the general from the requirement of a tolerance note). population. without any numerical limitation. Since tolerances and exemptions that are established on the basis of a petition XI. Congressional Review Act B. International Residue Limits under FFDCA section 408(d), such as In making its tolerance decisions, EPA the tolerance in this final rule, do not Pursuant to the Congressional Review seeks to harmonize U.S. tolerances with require the issuance of a proposed rule, Act (5 U.S.C. 801 et seq.), EPA will international standards whenever the requirements of the Regulatory submit a report containing this rule and possible, consistent with U.S. food Flexibility Act (RFA) (5 U.S.C. 601 et other required information to the U.S. safety standards and agricultural seq.), do not apply. Senate, the U.S. House of practices. EPA considers the This final rule directly regulates Representatives, and the Comptroller international maximum residue limits growers, food processors, food handlers, General of the United States prior to (MRLs) established by the Codex and food retailers, not States or tribes, publication of the rule in the Federal nor does this action alter the Alimentarius Commission (Codex), as Register. This action is not a ‘‘major required by FFDCA section 408(b)(4). relationships or distribution of power rule’’ as defined by 5 U.S.C. 804(2). The Codex Alimentarius is a joint and responsibilities established by United Nations Food and Agriculture Congress in the preemption provisions List of Subjects in 40 CFR Part 180 Organization/World Health of FFDCA section 408(n)(4). As such, Organization food standards program, the Agency has determined that this Environmental protection, and it is recognized as an international action will not have a substantial direct Administrative practice and procedure, food safety standards-setting effect on States or tribal governments, Agricultural commodities, Pesticides organization in trade agreements to on the relationship between the national and pests, Reporting and recordkeeping which the United States is a party. EPA government and the States or tribal requirements. may establish a tolerance that is governments, or on the distribution of
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63056 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
Dated: October 14, 2014. PART 180—[AMENDED] ■ 2. In § 180.960, alphabetically add the Daniel J. Rosenblatt, following polymers to the table to read Acting Director, Registration Division, Office ■ 1. The authority citation for part 180 as follows: of Pesticide Programs. continues to read as follows: § 180.960 Polymers; exemptions from the Therefore, 40 CFR chapter I is Authority: 21 U.S.C. 321(q), 346a and 371. requirement of a tolerance. amended as follows: * * * * *
Polymer CAS No.
******* Polyoxyalkylated sorbitan fatty acid esters with C6 through C22 ali- 81776–11–6, 87090–31–1, 88895–72–1, 103171–31–9, 161026–53–5, phatic alkanoic and/or alkenoic fatty acids, branched or linear, the re- 1472644–80–6, 1472644–81–7, 1472644–84–0, 1472644–85–1, sulting polyoxyalkylene sorbitan esters minimum number average 1472644–87–3, 1472644–88–4, 1472654–83–3, 1472655–32–5, molecular weight (in amu), 1,300. 1472661–05–4, 1472661–17–8, 1472663–59–4, 1472663–64–1, 1472663–66–3, 1472663–92–5, 1472668–03–3
*******
[FR Doc. 2014–25132 Filed 10–21–14; 8:45 am] Awards and Monthly Quantity equity). E.O. 13563 emphasizes the BILLING CODE 6560–50–P Allocations, and provide other importance of quantifying both costs conforming changes. This rule is a result and benefits, of reducing costs, of of the retrospective analysis conducted harmonizing rules, and of promoting GENERAL SERVICES under Executive Order 13563, flexibility. This is not a significant ADMINISTRATION Improving Regulation and Regulatory regulatory action and, therefore, was not Review, requiring agencies to review subject to review under Section 6(b) of 48 CFR Parts 501, 514, and 552 existing regulations and identify rules E.O. 12866, Regulatory Planning and that are obsolete, unnecessary, [GSAR Change 59; GSAR Case 2014–G501; Review, dated September 30, 1993. This Docket No. 2014–0007; Sequence No. 1] unjustified, excessively burdensome or rule is not a major rule under 5 U.S.C. counterproductive and identify those 804. RIN 3090–AJ47 rules that warrant repeal, amendment, or revision. GSA identified GSAR III. Regulatory Flexibility Act General Services Administration provision 552.214–71, Progressive GSA has prepared a Final Regulatory Acquisition Regulation (GSAR); Awards and Monthly Quantity Flexibility Analysis (FRFA) consistent Progressive Awards and Monthly Allocations as one of four information with the Regulatory Flexibility Act, 5 Quantity Allocations collections in GSA’s Final Plan for U.S.C. 601, et seq. The FRFA is AGENCY: Office of Acquisition Policy, Retrospective Analysis approved by the summarized as follows: General Services Administration. Office of Management and Budget on This final rule reduces the burden on small ACTION: Final rule. August 18, 2011. No comments were entities within the meaning of the Regulatory received on the proposed rule by the Flexibility Act, 5 U.S.C. 601, et seq., as the SUMMARY: The General Services June 30, 2014 closing date. Therefore, Information Collection 3090–0200, Sealed Administration (GSA) is converting the the proposed rule is being converted to Bidding, citing provision 552.214–71, proposed rule as a final rule amending a final rule without change: Progressive Awards and Monthly Quantity the General Services Administration • Information Collection 3090–0200, Allocations, is no longer used and is removed Acquisition Regulation (GSAR) to Sealed Bidding, which references GSAR from the GSAR. Both large and small remove GSAR clause Progressive 552.214–71, Progressive Awards and business entities will no longer be bound to Monthly Quantity Allocations, is submit data that the Government can freely Awards and Monthly Quantity obtain from variety of other sources. Allocations. deleted in its entirety. No comments were filed by the Chief • Under Subpart 501.106—GSAR DATES: Effective Date: October 22, 2014. Counsel for Advocacy of the Small Business references 514.201–7(a) and 552.214–71 Administration. FOR FURTHER INFORMATION CONTACT: Ms. and corresponding OMB Control Deborah Eble, Procurement Analyst, at Number 3090–0200, Sealed Bidding, are Interested parties may obtain a copy 215–446–5823, or email at deleted. of the FRFA from the Regulatory [email protected], for clarification • GSAR 514.201–7—Deleted in its Secretariat. The Regulatory Secretariat of content. For information pertaining to entirety. has submitted a copy of the FRFA to the the status or publication schedules, • GSAR 552.214–71—Deleted in its Chief Counsel for Advocacy of the Small contact the Regulatory Secretariat entirety. Business Administration. Division at 202–501–4755. Please cite IV. Paperwork Reduction Act GSAR Case 2014–G501. II. Executive Orders 12866 and 13563 SUPPLEMENTARY INFORMATION: Executive Orders (E.O.s) 12866 and The Paperwork Reduction Act (44 13563 direct agencies to assess all costs U.S.C. Chapter 35) does not apply. OMB I. Background and benefits of available regulatory approved the withdrawal and GSA published a proposed rule in the alternatives; and, if regulation is discontinuation of the Information Federal Register at 79 FR 24359, on necessary, to select regulatory Collection 3090–0200, Sealed Bidding, April 30, 2014, amending the General approaches that maximize net benefits identifying GSAR Provision 552.214–71, Services Administration Acquisition (including potential economic, Progressive Awards and Monthly Regulation (GSAR), to remove GSAR environmental, public health and safety Quantity Allocations, on August 14, provision 552.214–71, Progressive effects, distributive impacts, and 2014.
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63057
List of Subjects in 48 CFR Parts 501, SUMMARY: FMCSA adopts, as final, FOR FURTHER INFORMATION CONTACT: Mr. 514, and 552 certain amendments to the Federal Thomas Yager, Chief of Driver and Government procurement. Motor Carrier Safety Regulations Carrier Operations, by telephone (202) (FMCSRs) required by the Reliable 366–4325 or by electronic mail at Dated: October 16, 2014. Home Heating (RHH) Act. Currently, the [email protected]; FMCSA, Jeffrey A. Koses, FMCSRs include a provision which Department of Transportation, 1200 Senior Procurement Executive, Director, enables motor carriers providing direct New Jersey Ave. SE., Washington, DC Office of Acquisition Policy, Office of assistance in responding to an 20590. If you have questions on viewing Governmentwide Policy. emergency declared by a governor to do or submitting material to the docket, Therefore, GSA amends 48 CFR parts so without having to comply with contact Docket Services, telephone (202) 501, 514, and 552 as set forth below: certain Federal safety regulations. 366–9826. However, the duration of the relief is SUPPLEMENTARY INFORMATION: PART 501—GENERAL SERVICES limited to 30 days unless FMCSA ADMINISTRATION ACQUISITION extends the exemption. This final rule Executive Summary REGULATION SYSTEM amends the emergency relief provision Purpose and Summary of the Major ■ 1. The authority citation for 48 CFR in the FMCSRs so that the safety Provisions part 501 continues to read as follows: requirements in 49 CFR parts 390–399 will not apply if a Governor: Declares a This rule makes nondiscretionary Authority: 40 U.S.C. 121(c). state of emergency caused by a shortage ministerial changes to FMCSA’s emergency relief regulations in 49 Code 501.106 [Amended] of residential heating fuel; determines at the end of the 30-day exemption period of Federal Regulations (CFR) 390.23. ■ 2. Amend section 501.106 in the table, currently authorized by the regulations The changes are required by Section 2(c) by removing, GSAR references that the emergency shortage has not of the RHH Act, Public Law 113–125, ‘‘514.201–7(a)’’ and ‘‘552.214–71’’ and ended; and extends the declaration of 128 Stat. 1388, June 30, 2014. When their corresponding OMB Control emergency for up to 2 additional 30-day shortages of residential heating fuel Number ‘‘3090–0200’’. periods. Because the rule is a non- occur, the RHH amendments extend the normal 30-day exemption period for up PART 514—SEALED BIDDING discretionary, ministerial action as required by the RHH Act, it is issued to 90 days, provided that the Governor of the affected State determines that a ■ without prior notice and opportunity for 3. Revise the authority citation for 48 second or third 30-day period must be CFR part 514 to read as follows: comment, pursuant to the good cause exception in the Administrative allowed to enable motor carriers to Authority: 40 U.S.C. 121(c). Procedure Act (APA). provide residential heating fuel expeditiously. 514.201–7 [Removed and Reserved] DATES: Effective October 22, 2014. ■ 4. Remove and reserve section ADDRESSES: You may view material Benefits and Costs 514.201–7. bearing the Federal Docket Management The rule provisions considered both System (FDMS) Docket ID FMCSA– individually and in the aggregate do not PART 552—SOLICITATION 2014–0355 using any of the following rise to the level of economic PROVISIONS AND CONTRACT methods: significance. CLAUSES • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line Legal Basis for the Rulemaking ■ 5. The authority citation for 48 CFR instructions for viewing material. This rule is required by Section 2(c) part 552 continues to read as follows: Docket: For access to the docket to of the Reliable Home Heating (RHH) Authority: 40 U.S.C. 121(c). read background documents or Act, Public Law 113–125, 128 Stat. comments, go to www.regulations.gov at 1388, June 30, 2014. 552.214–71 [Removed and Reserved] any time or visit Room W12–140 on the Section 390.23(a) of title 49, CFR, ■ 6. Remove and reserve section ground level of the West Building, 1200 provides that 49 CFR parts 390–399 of 552.214–71. New Jersey Avenue SE., Washington, the FMCSRs shall not apply to any [FR Doc. 2014–25158 Filed 10–21–14; 8:45 am] DC, between 9 a.m. and 5 p.m., ET, motor carrier or driver operating a BILLING CODE 6820–61–P Monday through Friday, except Federal commercial motor vehicle (CMV) to holidays. The on-line Federal document provide emergency relief during an management system is available 24 emergency declared by certain Federal DEPARTMENT OF TRANSPORTATION hours each day, 365 days each year. If or State officials, including a Governor, you want acknowledgment that we subject to certain time limits. Section Federal Motor Carrier Safety received your comments, please include 390.23(a)(1)(ii) limits a regional Administration a self-addressed, stamped envelope or emergency (which would include a postcard or print the acknowledgment State-wide emergency) to a maximum of 49 CFR Part 390 page that appears after submitting 30 days from the date of the initial comments on-line. declaration of the emergency. [Docket No. FMCSA–2014—0355] Privacy Act: In accordance with 5 Section 2(b) of the RHH Act provides RIN 2126–AB77 U.S.C. 553(c), DOT solicits comments that, if a Governor (1) declares a state of from the public to better inform its emergency caused by a shortage of Amendment to Emergency Relief rulemaking process. DOT posts these residential heating fuel,1 (2) determines Exemptions Pursuant to the Reliable comments, without edit, including any Home Heating (RHH) Act personal information the commenter 1 Although the Act states that residential heating provides, to www.regulations.gov, as fuel ‘‘includes’’ heating oil, natural gas, and AGENCY: Federal Motor Carrier Safety propane, FMCSA believes that list was intended to Administration (FMCSA), DOT. described in the system of records be exclusive, despite the use of the vague term notice (DOT/ALL–14 FDMS), which can ACTION: Final rule. ‘‘includes.’’ The rules of statutory interpretation be reviewed at www.dot.gov/privacy. Continued
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63058 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
at the end of the 30-day exemption as amended by the Small Business direct effect on States, nor would it limit period authorized by section Regulatory Enforcement Fairness Act of the policymaking discretion of States. 390.23(a)(1)(ii) that the emergency 1996 (Pub. L. 104–121, 110 Stat. 857), Nothing in this document preempts any shortage has not ended, and (3) extends FMCSA is not required to prepare a State law or regulation. the declaration of emergency for up to regulatory flexibility analysis under 5 2 additional 30-day periods, FMCSA U.S.C. 604(a) for this final rule because E.O. 12988 (Civil Justice Reform) shall not apply parts 390–399 of the the Agency has not issued a notice of This final rule meets applicable FMCSRs to a motor carrier or driver proposed rulemaking prior to this standards in sections 3(a) and 3(b)(2) of operating a CMV to provide residential action. E.O. 12988 to minimize litigation, heating fuel in the geographic area Assistance for Small Entities eliminate ambiguity, and reduce designated by the emergency burden. declaration for those 2 additional In accordance with section 213(a) of periods. the Small Business Regulatory E.O. 13045 (Protection of Children) Section 2(c) of the RHH Act requires Enforcement Fairness Act of 1996, FMCSA to amend section FMCSA wants to assist small entities in E.O. 13045, Protection of Children 390.23(a)(1)(ii) to conform to the understanding this rule so that they can from Environmental Health Risks and provisions of section 2(b). This rule better evaluate its effects on themselves Safety Risks (62 FR 19885, Apr. 23, adopts the required conforming and participate in the rulemaking 1997), requires agencies issuing amendment. initiative. If the rule would affect your ‘‘economically significant’’ rules, if the Because the RHH Act leaves FMCSA small business, organization, or regulation also concerns an no discretion in the promulgation of this governmental jurisdiction and you have environmental health or safety risk that amendment, the Agency finds good questions concerning its provisions or an agency has reason to believe may cause under the APA [5 U.S.C. 553(b)] options for compliance, please consult disproportionately affect children, to to publish this final rule without prior the FMCSA point of contact, Thomas include an evaluation of the regulation’s notice and opportunity for comment. Yager, listed in the FOR FURTHER environmental health and safety effects Comments are unnecessary since they INFORMATION CONTACT section of this on children. The Agency determined could not change the amendment rule. this final rule is not economically required by the RHH Act. For the same Small businesses may send comments significant. Therefore, no analysis of the reason, FMCSA finds good cause to on the actions of Federal employees impacts on children is required. In any make this rule effective upon who enforce or otherwise determine event, the Agency does not believe that publication in the Federal Register, as compliance with Federal regulations to this action could create an authorized by 5 U.S.C. 553(d)(3). the SBA’s Small Business and environmental or safety risk that would Agriculture Regulatory Enforcement disproportionately affect children. Rulemaking Analyses and Notices Ombudsman and the Regional Small Executive Order 12866 (Regulatory Business Regulatory Fairness Boards. E.O. 12630 (Taking of Private Property) The Ombudsman evaluates these Planning and Review and DOT FMCSA reviewed this final rule in Regulatory Policies and Procedures as actions annually and rates each agency’s responsiveness to small business. If you accordance with E.O. 12630, Supplemented by E.O. 13563) Governmental Actions and Interference FMCSA has determined this final rule wish to comment on actions by employees of FMCSA, call 1–888–REG– with Constitutionally Protected Property is not a significant regulatory action Rights, and has determined it will not within the meaning of Executive Order FAIR (1–888–734–3247). DOT has a policy ensuring the rights of small effect a taking of private property or (E.O.) 12866, as supplemented by E.O. otherwise have takings implications. 13563 (76 FR 3821, January 21, 2011), entities to regulatory enforcement and is also not significant within the fairness and an explicit policy against Privacy Impact Assessment meaning of DOT regulatory policies and retaliation for exercising these rights. Section 522 of title I of division H of procedures (44 FR 11034, February 26, Unfunded Mandates Reform Act of 1995 the Consolidated Appropriations Act, 1979). As explained above, this final This final rule will not impose an 2005, enacted December 8, 2004 (Pub. L. rule promulgates nondiscretionary unfunded Federal mandate, as defined 108–447, 118 Stat. 2809, 3268, 5 U.S.C. statutory requirements. The cost of these by the Unfunded Mandates Reform Act 552a note), requires the Agency to changes will not exceed the $100 of 1995 (2 U.S.C. 1532 et seq.), that will conduct a privacy impact assessment million annual threshold. Any costs result in the expenditure by a State, (PIA) of a regulation that will affect the associated with this action are local, or tribal governments, in the privacy of individuals. This rule does attributable to the non-discretionary aggregate, or by the private sector of not require the collection of personally statutory provisions. This final rule is $151 million (which is the value of $100 identifiable information (PII). not expected to generate substantial million in 2013 after adjusting for The Privacy Act (5 U.S.C. 552a) congressional or public interest. inflation) or more in any one year. Therefore, a regulatory impact analysis applies only to Federal agencies and any has not been conducted nor has there E.O. 13132 (Federalism) non-Federal agency which receives been a review by the Office of A rule has implications for records contained in a system of records Management and Budget (OMB). Federalism under Executive Order from a Federal agency for use in a matching program. That provision is not Regulatory Flexibility Act 13132, Federalism, if it has a substantial direct effect on State or local applicable to this rule. Pursuant to the Regulatory Flexibility governments and would either preempt E.O. 12372 (Intergovernmental Review) Act (RFA) of 1980 (5 U.S.C. 601 et seq.), State law or impose a substantial direct cost of compliance on them. This action The regulations implementing E.O. generally treat a list of specific items as evidence 12372 regarding intergovernmental of legislative intent to exclude other items has been analyzed in accordance with [expressio unius est exclusio alterius]. Section E.O. 13132. FMCSA has determined that consultation on Federal programs and 390.23(a)(1)(ii) has been amended accordingly. this rule would not have a substantial activities do not apply to this program.
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63059
Paperwork Reduction Act E.O. 13211 (Energy Supply, Distribution, Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106– or Use) 159 (as transferred by sec. 4114 and amended Under the Paperwork Reduction Act by sections 4130–4132, Pub. L. 109–59, 119 of 1995 (PRA) (44 U.S.C. 3501, et seq.), FMCSA analyzed this action under Stat. 1144, 1726, 1743–1744); sec. 4136, Pub. E.O. 13211, Actions Concerning Federal agencies must obtain approval L. 109–59, 119 Stat 1144, 1745; sections Regulations That Significantly Affect from the OMB for each collection of 32101(d) and 34934, Pub. L. 112–141, 126 Energy Supply, Distribution, or Use. information they conduct, sponsor, or Stat. 405, 778, 830; sec. 2, Pub. L. 113–125, FMCSA determined that it is not a 128 Stat. 1388; and 49 CFR 1.87. require through regulations. This rule ‘‘significant energy action’’ under that requires no information collection. ■ 2. Amend § 390.23 by revising E.O. because it is not economically paragraph (a)(1)(ii) to read as follows: National Environmental Policy Act and significant and is not likely to have an Clean Air Act adverse effect on the supply, § 390.23 Relief from regulations. distribution, or use of energy. (a) * * * FMCSA analyzed this rule in E.O. 13175 (Indian Tribal Governments) (1) * * * accordance with the National (ii)(A) Except as provided in Environmental Policy Act of 1969 This final rule does not have tribal paragraph (a)(1)(ii)(B) of this section and (NEPA) (42 U.S.C. 4321, et seq.) and implications under E.O. 13175, § 390.25, the exemption shall not exceed FMCSA’s NEPA Implementing Consultation and Coordination with the duration of the motor carrier’s or Procedures and Policy for Considering Indian Tribal Governments, because it driver’s direct assistance in providing Environmental Impacts, Order 5610.1 does not have a substantial direct effect emergency relief, or 30 days from the (FMCSA Order), March 1, 2004 (69 FR on one or more Indian tribes, on the date of the initial declaration of the 9680). FMCSA’s Order states that relationship between the Federal emergency or the exemption from the ‘‘[w]here FMCSA has no discretion to Government and Indian tribes, or on the regulations by the FMCSA Field withhold or condition an action if the distribution of power and Administrator, whichever is less. action is taken in accordance with responsibilities between the Federal (B) If a Governor who declares an specific statutory criteria and FMCSA Government and Indian tribes. emergency caused by a shortage of lacks control and responsibility over the National Technology Transfer and residential heating fuel (namely heating effects of an action, that action is not Advancement Act (Technical oil, natural gas, and propane), subject to this Order.’’ Id. at chapter Standards) subsequently determines at the end of 1(D). Because the RHH Act requires the the 30-day period immediately action taken here, FMCSA has no The National Technology Transfer following the declaration that the jurisdiction or control over, or and Advancement Act (NTTAA) (15 emergency shortage has not ended, and responsibility for, the effects of this U.S.C. 272 note) directs agencies to use extends the declaration of an emergency action, and the rulemaking falls under voluntary consensus standards in their for up to 2 additional 30-day periods, chapter 1(D). Therefore, no further regulatory activities unless the agency this exemption shall remain in effect up provides Congress, through OMB, with analysis is considered. to the end of such additional periods, an explanation of why using these not to exceed 60 additional days, for a In addition to the NEPA requirements standards would be inconsistent with to examine impacts on air quality, the motor carrier or driver providing applicable law or otherwise impractical. residential heating fuel in the Clean Air Act (CAA) as amended (42 Voluntary consensus standards (e.g., U.S.C. 7401, et seq.) also requires geographic area designated by the specifications of materials, performance, Governor’s declaration of emergency. FMCSA to analyze the potential impact design, or operation; test methods; of its actions on air quality and to sampling procedures; and related * * * * * ensure that FMCSA actions conform to management systems practices) are Issued under the authority delegated in 49 State and local air quality standards that are developed or adopted CFR 1.87: October 14, 2014. implementation plans. This non- by voluntary consensus standards T.F. Scott Darling, III discretionary action is expected to fall bodies. This final rule does not use Acting Administrator. within the CAA de minimis standards technical standards. Therefore, we did [FR Doc. 2014–25127 Filed 10–21–14; 8:45 am] and is not subject to the Environmental not consider the use of voluntary BILLING CODE 4910–EX–P Protection Agency’s General Conformity consensus standards. Rule (40 CFR parts 51 and 93). List of Subjects in 49 CFR Part 390 Additionally, FMCSA evaluated the DEPARTMENT OF COMMERCE effects of this final rule in accordance Highway safety, Intermodal with Executive Order 12898 and transportation, Motor carriers, Motor National Oceanic and Atmospheric vehicle safety, Reporting and determined that there are no Administration recordkeeping requirements. environmental justice issues associated with its provisions nor any collective In consideration of the foregoing, 50 CFR Part 679 FMCSA amends 49 CFR part 390 as environmental impacts resulting from [Docket No. 130925836–4174–02] its promulgation. Environmental justice follows: RIN 0648–XD566 issues would be raised if there were a PART 390—FEDERAL MOTOR ‘‘disproportionate’’ and ‘‘high and CARRIER SAFETY REGULATIONS; Fisheries of the Exclusive Economic adverse impact’’ on minority or low- GENERAL Zone Off Alaska; Pacific Cod by Trawl income populations. This final rule is Catcher Vessels in the Central exempt from analysis under the ■ 1. The authority citation for part 390 Regulatory Area of the Gulf of Alaska National Environmental Policy Act. is revised to read as follows: This final rule simply makes Authority: 49 U.S.C. 504, 508, 31132, AGENCY: National Marine Fisheries ministerial, mandatory changes and 31133, 31136, 31144, 31151, 31502; sec. 114, Service (NMFS), National Oceanic and would not result in high and adverse Pub. L. 103–311, 108 Stat. 1673, 1677–1678; Atmospheric Administration (NOAA), environmental impacts. sections 212, 217, 229, Pub. L. 106–159, 113 Commerce.
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63060 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
ACTION: Temporary rule; closure. the Central Regulatory Area of the GOA requirement to provide prior notice and is 16,230 metric tons (mt), as established opportunity for public comment SUMMARY: NMFS is prohibiting directed by the final 2014 and 2015 harvest pursuant to the authority set forth at 5 fishing for Pacific cod by catcher vessels specifications for groundfish of the GOA U.S.C. 553(b)(B) as such requirement is using trawl gear in the Central (79 FR 12890, March 6, 2014). impracticable and contrary to the public Regulatory Area of the Gulf of Alaska In accordance with § 679.20(d)(1)(i), interest. This requirement is (GOA). This action is necessary to the Administrator, Alaska Region, impracticable and contrary to the public prevent exceeding the 2014 Pacific cod NMFS (Regional Administrator) has interest as it would prevent NMFS from total allowable catch (TAC) apportioned determined that the 2014 Pacific cod responding to the most recent fisheries to trawl catcher vessels in the Central TAC apportioned to trawl catcher data in a timely fashion and would Regulatory Area of the GOA. vessels in the Central Regulatory Area of delay the directed fishing closure of DATES: Effective 1200 hours, Alaska the GOA will soon be reached. Pacific cod by catcher vessels using local time (A.l.t.), October 17, 2014, Therefore, the Regional Administrator is trawl gear in the Central Regulatory through 2400 hours, A.l.t., December 31, establishing a directed fishing Area of the GOA. NMFS was unable to 2014. allowance of 15,230 mt and is setting publish a notice providing time for FOR FURTHER INFORMATION CONTACT: aside the remaining 1,000 mt as bycatch public comment because the most Obren Davis, 907–586–7228. to support other anticipated groundfish recent, relevant data only became SUPPLEMENTARY INFORMATION: NMFS fisheries. In accordance with available as of October 16, 2014. manages the groundfish fishery in the § 679.20(d)(1)(iii), the Regional The AA also finds good cause to GOA exclusive economic zone Administrator finds that this directed waive the 30-day delay in the effective according to the Fishery Management fishing allowance has been reached. date of this action under 5 U.S.C. Plan for Groundfish of the Gulf of Consequently, NMFS is prohibiting 553(d)(3). This finding is based upon Alaska (FMP) prepared by the North directed fishing for Pacific cod by the reasons provided above for waiver of Pacific Fishery Management Council catcher vessels using trawl gear in the prior notice and opportunity for public under authority of the Magnuson- Central Regulatory Area of the GOA. comment. Stevens Fishery Conservation and After the effective date of this closure This action is required by § 679.20 Management Act. Regulations governing the maximum retainable amounts at and is exempt from review under fishing by U.S. vessels in accordance § 679.20(e) and (f) apply at any time Executive Order 12866. with the FMP appear at subpart H of 50 during a trip. Authority: 16 U.S.C. 1801 et seq. CFR part 600 and 50 CFR part 679. Classification Regulations governing sideboard Dated: October 17, 2014. protections for GOA groundfish This action responds to the best Alan D. Risenhoover, fisheries appear at subpart B of 50 CFR available information recently obtained Director, Office of Sustainable Fisheries, part 680. from the fishery. The Assistant National Marine Fisheries Service. The 2014 Pacific cod TAC Administrator for Fisheries, NOAA [FR Doc. 2014–25103 Filed 10–17–14; 4:15 pm] apportioned to trawl catcher vessels in (AA), finds good cause to waive the BILLING CODE 3510–22–P
VerDate Sep<11>2014 15:49 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 E:\FR\FM\22OCR1.SGM 22OCR1 tkelley on DSK3SPTVN1PROD with RULES 63061
Proposed Rules Federal Register Vol. 79, No. 204
Wednesday, October 22, 2014
This section of the FEDERAL REGISTER to http://www.regulations.gov, including received to draft policy changes contains notices to the public of the proposed any personal information the announced in docket number FAA– issuance of rules and regulations. The commenter provides. Using the search 2011–1149. The 2011 docket announced purpose of these notices is to give interested function of the docket Web site, anyone draft changes to FAA Order 8900.1, persons an opportunity to participate in the can find and read the electronic form of rule making prior to the adoption of the final Volume 13, Chapter 3, which applies to rules. all comments received into any FAA Designated Aircraft Dispatcher dockets, including the name of the Examiners (DADE). The 2011 draft individual sending the comment (or policy introduced the FAA’s proposed DEPARTMENT OF TRANSPORTATION signing the comment for an association, requirements for the content of a business, labor union, etc.). DOT’s Statement of Graduation provided by an Federal Aviation Administration complete Privacy Act Statement can be Aircraft Dispatcher Certification Course found in the Federal Register published operator in accordance with 14 CFR 14 CFR Part 65 on April 11, 2000 (65 FR 19477–19478), 65.70(d). Public comment to these [Docket No. FAA–2014–0820] as well as at http://DocketsInfo.dot.gov. Docket: Background documents or proposed requirements pointed out that policy related to Aircraft Dispatcher Establishment of Policy Regarding comments received may be read at http://www.regulations.gov at any time. Certification Course operators did not Aircraft Dispatcher Certification belong in a policy document related to Courses Follow the online instructions for accessing the docket or Docket DADEs. The comments suggested that AGENCY: Federal Aviation Operations in Room W12–140 of the requirements for a Statement of Administration (FAA), Department of West Building Ground Floor at 1200 Graduation that are incumbent upon a Transportation (DOT). New Jersey Avenue SE., Washington, course operator should be established ACTION: Notice of availability. DC, between 9 a.m. and 5 p.m., Monday someplace other than in a policy through Friday, except Federal holidays. document related to DADES. The FAA SUMMARY: This document announces the FOR FURTHER INFORMATION CONTACT: agrees that policy related to Aircraft availability of a proposed new chapter Theodora Kessaris, New Program Dispatcher Certification Course of FAA Order 8900.1, and a proposed Implementation and Technical Support Operators needs to be established new AC related to Aircraft Dispatcher Branch, Flight Standards Service, outside of the policy related to DADEs. Certification Courses. The new chapter Federal Aviation Administration, 800 In light of the FAA’s determination and in FAA Order 8900.1 chapter establishes Independence Avenue SW., public comment received to docket Policy not previously addressed in FAA Washington, DC 20591; telephone: 202– number FAA–2011–1149, the FAA is Orders or ACs. The associated AC, 65– 267–8166; facsimile: 202–267–5229; providing this notice to provide the XX, provides guidelines to operators email: [email protected]. and potential operators of Aircraft public with an opportunity to comment SUPPLEMENTARY INFORMATION: Dispatcher Certification Courses. This on the proposed new policy related to document announces the availability of FAA-approved Aircraft Dispatcher DATES: Written comments must be proposed FAA Order 8900.1 Volume 3, Certification Courses. received on or before December 22, Chapter 63, Aircraft Dispatcher While the FAA generally does not 2014. Certification Courses and Proposed request comment on internal orders, the ADDRESSES: Send comments identified Advisory Circular (AC) 65–XX (Number agency has established a docket for by docket number FAA–2014–0820 to be Determined), FAA-Approved using any of the following methods: Aircraft Dispatcher Certification public comments regarding this policy • Federal eRulemaking Portal: Go to Courses. for inspectors in recognition of the http://www.regulations.gov and follow interest of Aircraft Dispatcher Course the online instructions for sending your Background Operators and applicants for an aircraft comments electronically. The FAA has determined a need to dispatcher certificate under part 65. The • Mail: Send comments to Docket establish formal policy related to FAA- FAA has also placed in the docket, a Operations, M–30; U.S. Department of approved Aircraft Dispatcher copy of a draft revision to 8900.1, Transportation (DOT), 1200 New Jersey Certification Courses, operated in Volume 5, Chapter 5, Section 10, Avenue SE., Room W12–140, West accordance with 14 CFR part 65, subpart Aircraft Dispatcher Certification, for Building Ground Floor, Washington, DC C. As of the date of this notice there are reference only. The agency will consider 20590–0001. 44 FAA-approved Aircraft Dispatcher all comments received by December 22, • Hand Delivery or Courier: Take Certification Courses currently 2014. Comments received after that date comments to Docket Operations in operating. The lack of FAA policy may be considered if consideration will Room W12–140 of the West Building related to the approval and oversight of not delay agency action on the review. Ground Floor at 1200 New Jersey these courses has led to a wide range of A copy of the proposed order and AC Avenue SE., Washington, DC, between 9 inconsistencies with respect to is available for review in the assigned a.m. and 5 p.m., Monday through individual course approvals. The new docket for the Order at http:// Friday, except Federal holidays. guidance clarifies the requirements www.regulations.gov. • Fax: Fax comments to Docket found in part 65, subpart C. Operations at 202–493–2251. The FAA’s determination of need to Privacy: The FAA will post all establish policy is also supported by comments it receives, without change, public comment which the FAA
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63062 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
Issued in Washington, DC, on October 10, Dated: October 16, 2014. • Postal Mail, Commercial Delivery, 2014. Dennis M. Keefe, or Hand Delivery: If you mail or deliver John Barbagallo, Director, Office of Food Additive Safety, your comments about these proposed Deputy Director, FAA Flight Standards Center for Food Safety and Applied Nutrition. regulations, address them to Alli Moss, Service. [FR Doc. 2014–25089 Filed 10–21–14; 8:45 am] U.S. Department of Education, 400 [FR Doc. 2014–25060 Filed 10–21–14; 8:45 am] BILLING CODE 4164–01–P Maryland Avenue SW., Room 4W319, BILLING CODE 4910–13–P Washington, DC 20202. Privacy Note: The Department’s DEPARTMENT OF EDUCATION policy is to make all comments received from members of the public available for DEPARTMENT OF HEALTH AND 34 CFR Parts 75 and 77 public viewing in their entirety on the HUMAN SERVICES Federal eRulemaking Portal at RIN 1855–AA10 www.regulations.gov. Therefore, Food and Drug Administration [Docket ID ED–2014–OII–0116] commenters should be careful to include in their comments only 21 CFR Part 73 Direct Grant Programs and Definitions information that they wish to make That Apply to Department Regulations publicly available. [Docket No. FDA–2014–C–1552] AGENCY: Office of Innovation and FOR FURTHER INFORMATION CONTACT: Improvement, Department of Education. Allison Moss, U.S. Department of Colorcon, Inc.; Filing of Color Additive ACTION: Notice of proposed rulemaking. Education, 400 Maryland Avenue SW., Petition Room 4W319, Washington, DC 20202. SUMMARY: On August 13, 2013, the Telephone: (202) 205–7726 or by email: AGENCY: Food and Drug Administration, Department of Education (the [email protected]. HHS. Department) published a notice of final If you use a telecommunications ACTION: Notice of petition. regulations in the Federal Register to device for the deaf (TDD) or text amend our Education Department telephone (TTY), call the Federal Relay SUMMARY: The Food and Drug General Administrative Regulations Service (FRS), toll free, at 1–800–877– Administration (FDA or we) is (EDGAR). 8339. announcing that we have filed a In this document, the Department SUPPLEMENTARY INFORMATION: The petition, submitted by Colorcon, Inc., proposes to further amend EDGAR to Department published a notice of final proposing that the color additive add a definition of ‘‘What Works regulations in the Federal Register (78 regulations be amended to provide for Clearinghouse Evidence Standards’’ FR 49338) on August 13, 2013 to amend the safe use of spirulina extract as a (WWC Evidence Standards) in our EDGAR. In this document, we propose color additive in coating formulations regulations to standardize references to further amendments to EDGAR to applied to dietary supplement and drug this term. In addition, the Department standardize a term and make other tablets and capsules. proposes to amend the definition of amendments to improve the consistency ‘‘large sample’’ in our regulation. We DATES: The color additive petition was and clarity of these regulations. also propose technical edits to our filed on September 22, 2014. Invitation to Comment: We invite you regulations to improve the consistency to submit comments regarding these FOR FURTHER INFORMATION CONTACT: and clarity of the regulations. Finally, proposed regulations. To ensure that Molly A. Harry, Center for Food Safety we propose to redesignate our your comments have maximum effect in and Applied Nutrition (HFS–265), Food regulations and to include in that developing the final regulations, we and Drug Administration, 5100 Paint redesignated section an additional urge you to identify clearly the specific Branch Pkwy., College Park, MD 20740– provision that would allow the section or sections of the proposed 3835, 240–402–1075. Secretary to give special consideration regulations that each of your comments to projects supported by evidence of SUPPLEMENTARY INFORMATION: Under addresses and to arrange your comments promise. section 721(d)(1) of the Federal Food, in the same order as the proposed Drug, and Cosmetic Act (21 U.S.C. DATES: We must receive your comments regulations. 379e(d)(1)), we are giving notice that we on or before December 8, 2014. We invite you to assist us in have filed a color additive petition (CAP ADDRESSES: Submit your comments complying with the specific 4C0300), submitted by Colorcon, Inc., through the Federal eRulemaking Portal requirements of Executive Orders 12866 275 Ruth Rd., Harleysville, PA 19438. or via postal mail, commercial delivery, and 13563 and their overall requirement The petition proposes to amend the or hand delivery. We will not accept of reducing regulatory burden that color additive regulations in 21 CFR comments submitted by fax or by email might result from these proposed part 73 Listing of Color Additives or those submitted after the comment regulations. Please let us know of any Exempt From Certification to provide period. To ensure that we do not receive further ways we could reduce potential for the safe use of spirulina extract as a duplicate copies, please submit your costs or increase potential benefits color additive in coating formulations comments only once. In addition, please while preserving the effective and applied to dietary supplement and drug include the Docket ID at the top of your efficient administration of the tablets and capsules. comments. Department’s programs and activities. We have determined under 21 CFR • Federal eRulemaking Portal: Go to During and after the comment period, 25.32(r) that this action is of a type that www.regulations.gov to submit your you may inspect all public comments does not individually or cumulatively comments electronically. Information about these proposed regulations by have a significant effect on the human on using Regulations.gov, including accessing Regulations.gov. You may also environment. Therefore, neither an instructions for accessing agency inspect the comments in person in environmental assessment nor an documents, submitting comments, and Room 4W335, 400 Maryland Avenue environmental impact statement is viewing the docket, is available on the SW., Washington, DC, between 8:30 required. site under ‘‘Are you new to the site?’’ a.m. and 4:00 p.m., Washington, DC
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63063
time, Monday through Friday of each citations does not substantively change Significant Proposed Regulations week except Federal holidays. Please the regulations in 34 CFR parts 75 or 77. We group major issues according to contact the person listed under FOR Special Consideration for Discretionary subject, with appropriate sections of the FURTHER INFORMATION CONTACT. proposed regulations referenced in Assistance to Individuals with Grant Applications Demonstrating ‘‘Evidence of Promise’’ parentheses. We discuss other Disabilities in Reviewing the substantive issues under the sections of Rulemaking Record: On request we will Section 75.266 currently provides that the proposed regulations to which they provide an appropriate accommodation the Secretary may give special pertain. or auxiliary aid to an individual with a consideration, through establishing a Generally, we do not address disability who needs assistance to separate competition or awarding proposed regulatory changes that are review the comments or other competitive preference, to discretionary technical or otherwise minor in effect. documents in the public rulemaking grant applications supported by strong I. WWC Evidence Standards (34 CFR record for these proposed regulations. If evidence of effectiveness or moderate Parts 75 and 77) you want to schedule an appointment evidence of effectiveness. In our for this type of accommodation or experience using evidence in Current Regulations: The current auxiliary aid, please contact the person discretionary grant competitions, we regulations include multiple references listed under FOR FURTHER INFORMATION think it may be beneficial to also to the WWC Evidence Standards, in CONTACT. include in 34 CFR 75.266 (which we each case accompanied by a footnote Background propose to redesignate as 34 CFR citing the WWC Handbook, throughout 75.226) a provision for giving special 34 CFR parts 75 and 77, as follows: References to the WWC Handbook consideration to applications supported 1. Factors (viii) and (ix) of the The Department proposes to add a by evidence of promise, which is a less selection criterion ‘‘Quality of the definition of ‘‘What Works rigorous standard, because evidence of project evaluation’’ in 34 CFR 75.210(h); Clearinghouse Evidence Standards’’ to effectiveness in the education field and 34 CFR part 77. This definition would continues to develop. By including 2. Definitions in 34 CFR 77.1(c) of incorporate the most recent version of evidence of promise in newly ‘‘evidence of promise,’’ ‘‘moderate the What Works Clearinghouse (WWC) redesignated 34 CFR 75.226, we would evidence of effectiveness,’’ ‘‘quasi- Procedures and Standards Handbook allow more flexibility to discretionary experimental design study,’’ (WWC Handbook), Version 3.0, which grant programs oriented towards ‘‘randomized controlled trial,’’ and was made public in March 2014. Instead supporting evidence-based projects. ‘‘strong evidence of effectiveness.’’ of continuing to separately cite the Proposed Regulations: In each WWC Handbook in various provisions Definition of ‘‘Large Sample’’ provision of 34 CFR parts 75 and 77 that of parts 75 and 77, we propose to add, references the WWC Evidence to part 77, a single definition of the The Department proposes to modify Standards, we propose to update the WWC Evidence Standards that the definition of ‘‘large sample’’ in 34 reference to use a common term, and to incorporates the current version of the CFR part 77.1 to remove the define that term in part 77 with WWC Handbook, and then to use that requirement that analysis units be reference to Version 3.0 of the WWC defined term, as applicable, throughout randomly assigned to treatment or Handbook. parts 75 and 77. control groups. In implementing our Reasons: By updating all references to The WWC Handbook, first published discretionary grant programs, we WWC Evidence Standards in 34 CFR in 2008, documents the systematic discovered a discrepancy between the parts 75 and 77, and adding a common review process and the standards by existing definition, specifically its definition that references Version 3.0 of which the WWC reviews studies. references to random assignment of the WWC Handbook, we would: (1) Version 3.0 of the WWC Handbook students, teachers, classrooms, schools, Help ensure that applicants and significantly expands the examples used or other single analysis units to grantees are aware of the most accurate to illustrate how the WWC Evidence treatment or control groups, and the and appropriate resources that are Standards are applied in various definition of ‘‘moderate evidence of available relating to the WWC Evidence contexts. Although previous versions of effectiveness’’ in 34 CFR 77.1. Under the Standards; (2) no longer need the the WWC Handbook focused on only definition of ‘‘moderate evidence of multiple footnotes that reference the one WWC product—the intervention effectiveness,’’ a quasi-experimental current version of the WWC Handbook; report—Version 3.0 includes design study (as defined in 34 CFR 77.1) and (3) streamline the process for information on several additional WWC that includes a large sample could meet updating our regulations to reflect products, including practice guides, the standard, but many such studies do future versions of the WWC Handbook. single-study reviews, and quick reviews. not randomly assign units of analysis to By adding a definition of ‘‘WWC treatment or control groups. We propose II. Special Consideration of Evidence Standards’’ and updating the to revise the definition of ‘‘large Applications Supported by ‘‘Evidence applicable references throughout 34 sample’’ to eliminate the random of Promise’’ and Clarification of That CFR parts 75 and 77 to incorporate the assignment of analysis units into Definition (34 CFR 77.1(c)) most recent version of the WWC treatment or control groups as a Current Regulations: Under 34 CFR Handbook, the Department will provide mandatory element. Therefore, for 75.266, the Secretary may give special more effective guidance to applicants instance, a quasi-experimental design consideration to applications supported and grantees as they design and study with a sample of 350 or more by strong or moderate evidence of implement rigorous evaluations of their students (or other single analysis units), effectiveness, by establishing a separate projects. Because Version 3.0 of the or 50 or more groups (such as competition or awarding competitive WWC Handbook provides further classrooms or schools) that contains 10 preference. In 34 CFR 77.1(c), the clarification, and does not introduce or more students, could meet the definition of ‘‘evidence of promise’’ new requirements, on evaluation- and definition of ‘‘moderate evidence of references ‘‘quasi-experimental study’’ evidence-related concepts, updating the effectiveness’’ in 34 CFR 77.1. instead of ‘‘quasi-experimental design
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63064 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
study,’’ a term defined later in the Executive Orders 12866 and 13563 (5) Identify and assess available section. alternatives to direct regulation, Regulatory Impact Analysis Proposed Regulations: We propose to including economic incentives—such as Under Executive Order 12866, the amend 34 CFR 75.266 to provide that user fees or marketable permits—to Secretary must determine whether this the Secretary may give special encourage the desired behavior, or regulatory action is ‘‘significant’’ and, provide information that enables the consideration to applications supported therefore, subject to the requirements of public to make choices. by evidence of promise, and to the Executive order and subject to Executive Order 13563 also requires redesignate that section as 34 CFR review by the Office of Management and an agency ‘‘to use the best available 75.226. We also propose to amend the Budget (OMB). Section 3(f) of Executive techniques to quantify anticipated definition of ‘‘evidence of promise’’ to Order 12866 defines a ‘‘significant present and future benefits and costs as replace the reference to ‘‘quasi- regulatory action’’ as an action likely to accurately as possible.’’ The Office of experimental study’’ with ‘‘quasi- result in a rule that may— Information and Regulatory Affairs of experimental design study,’’ to clarify (1) Have an annual effect on the OMB has emphasized that these that the term used in the definition of economy of $100 million or more, or techniques may include ‘‘identifying ‘‘evidence of promise’’ is ‘‘quasi- adversely affect a sector of the economy, changing future compliance costs that experimental design study,’’ which is productivity, competition, jobs, the might result from technological defined in 34 CFR 77.1(c). We also environment, public health or safety, or innovation or anticipated behavioral propose to change the paragraph State, local, or tribal governments or changes.’’ designations in this definition for communities in a material way (also We are issuing these proposed consistency. referred to as an ‘‘economically regulations only on a reasoned Reasons: We propose these changes in significant’’ rule); determination that their benefits would order to provide greater flexibility to (2) Create serious inconsistency or justify their costs. In choosing among discretionary grant programs that otherwise interfere with an action taken alternative regulatory approaches, we reward evidence-based projects in their or planned by another agency; selected those approaches that would maximize net benefits. Based on the competitions, to correct the definition of (3) Materially alter the budgetary analysis that follows, the Department ‘‘evidence of promise,’’ and to provide impacts of entitlement grants, user fees, believes that these proposed regulations applicants and grantees consistent and or loan programs or the rights and obligations of recipients thereof; or are consistent with the principles in clear information when referencing that Executive Order 13563. definition. We propose to redesignate 34 (4) Raise novel legal or policy issues arising out of legal mandates, the We also have determined that this CFR 75.266 as 34 CFR 75.226 so that the regulatory action would not unduly section will be included under the President’s priorities, or the principles stated in the Executive order. interfere with State, local, and tribal subheading ‘‘Selection Procedures’’ in This proposed regulatory action is not governments in the exercise of their subpart D of part 75 instead of under the a significant regulatory action subject to governmental functions. subheading ‘‘Miscellaneous.’’ review by OMB under section 3(f) of In accordance with both Executive orders, the Department has assessed the III. Definition of ‘‘Large Sample’’ (34 Executive Order 12866. potential costs and benefits, both CFR 77.1(c)) We have also reviewed these regulations under Executive Order quantitative and qualitative, of this Current Regulations: In 34 CFR 13563, which supplements and regulatory action. The potential costs 77.1(c), the definition of ‘‘large sample’’ explicitly reaffirms the principles, associated with this regulatory action currently refers to students, classrooms, structures, and definitions governing are those resulting from statutory schools, groups, or other single analysis regulatory review established in requirements and those we have units that ‘‘were randomly assigned to a Executive Order 12866. To the extent determined to be necessary for treatment or control group.’’ permitted by law, Executive Order administering the Department’s programs and activities. Proposed Regulations: We propose to 13563 requires that an agency— remove the reference to random (1) Propose or adopt regulations only Clarity of the Regulations assignment to treatment or control upon a reasoned determination that Executive Order 12866 and the groups in the definition of ‘‘large their benefits justify their costs Presidential memorandum ‘‘Plain sample.’’ (recognizing that some benefits and Language in Government Writing’’ costs are difficult to quantify); require each agency to write regulations Reasons: We propose this change to (2) Tailor its regulations to impose the eliminate inconsistencies between the that are easy to understand. least burden on society, consistent with The Secretary invites comments on definition of ‘‘large sample’’ and the obtaining regulatory objectives and definition of ‘‘moderate evidence of how to make these proposed regulations taking into account—among other things easier to understand, including answers effectiveness.’’ We do not believe that and to the extent practicable—the costs to questions such as the following: random assignment to a treatment or of cumulative regulations; • Are the requirements in the control group is necessary because the (3) In choosing among alternative proposed regulations clearly stated? concept of random assignment is regulatory approaches, select those • Do the proposed regulations contain embedded within the definition of approaches that maximize net benefits technical terms or other wording that randomized controlled trial (as defined (including potential economic, interferes with their clarity? in 34 CFR 77.1(c)). In order for the environmental, public health and safety, • Does the format of the proposed ‘‘large sample’’ definition to align fully and other advantages; distributive regulations (grouping and order of with the ‘‘moderate evidence of impacts; and equity); sections, use of headings, paragraphing, effectiveness’’ definition, the ‘‘large (4) To the extent feasible, specify etc.) aid or reduce their clarity? sample’’ definition must not require that performance objectives, rather than the • Would the proposed regulations be units of analysis be randomly assigned behavior or manner of compliance a easier to understand if we divided them into treatment or control groups. regulated entity must adopt; and into more (but shorter) sections? (A
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63065
‘‘section’’ is preceded by the symbol Electronic Access to This Document: effectiveness that would meet the What ‘‘§ ’’ and a numbered heading; for The official version of this document is Works Clearinghouse Evidence example, § 77.1 Definitions that apply to the document published in the Federal Standards with reservations. Department regulations.) Register. Free Internet access to the * * * * * • Could the description of the official edition of the Federal Register ■ 3. Section 75.266 is redesignated as proposed regulations in the and the Code of Federal Regulations is § 75.226 and the newly redesignated SUPPLEMENTARY INFORMATION section of available via the Federal Digital System section is revised to read as follows: this preamble be more helpful in at: www.gpo.gov/fdsys. At this site you making the proposed regulations easier can view this document, as well as all § 75.226 What procedures does the to understand? If so, how? other documents of this Department Secretary use if the Secretary decides to • published in the Federal Register, in give special consideration to applications What else could we do to make the supported by strong evidence of proposed regulations easier to text or Adobe Portable Document effectiveness, moderate evidence of understand? Format (PDF). To use PDF you must effectiveness, or evidence of promise? To send any comments that concern have Adobe Acrobat Reader, which is available free at the site. (a) As used in this section, ‘‘strong how the Department could make these evidence of effectiveness’’ is defined in proposed regulations easier to You may also access documents of the Department published in the Federal 34 CFR 77.1(c); understand, see the instructions in the (b) As used in this section, ‘‘moderate ADDRESSES section. Register by using the article search feature at: www.federalregister.gov. evidence of effectiveness’’ is defined in Regulatory Flexibility Act Certification Specifically, through the advanced 34 CFR 77.1(c); (c) As used in this section, ‘‘evidence The Secretary certifies that these search feature at this site, you can limit of promise’’ is defined in 34 CFR proposed regulations would not have a your search to documents published by 77.1(c); and significant economic impact on a the Department. (Catalog of Federal (d) If the Secretary determines that substantial number of small entities Domestic Assistance Number does not special consideration of applications because the proposed regulations apply.) supported by strong evidence of primarily clarify and update regulations List of Subjects effectiveness, moderate evidence of previously published in the Federal effectiveness, or evidence of promise is Register. 34 CFR Part 75 appropriate, the Secretary may establish Paperwork Reduction Act of 1995 Accounting, Copyright, Education, a separate competition under the Grant programs-education, Inventions procedures in 34 CFR 75.105(c)(3), or These proposed regulations do not and patents, Private schools, Reporting provide competitive preference under contain any changes to the Department’s and recordkeeping requirements. the procedures in 34 CFR 75.105(c)(2), current information collection for applications supported by: requirements. 34 CFR Part 77 (1) Evidence of effectiveness that Intergovernmental Review Education, Grant programs-education. meets the conditions set out in Dated: October 15, 2014. These proposed regulations affect paragraph (a) of the definition of ‘‘strong direct grant programs of the Department Arne Duncan, evidence of effectiveness’’ in 34 CFR that are subject to Executive Order Secretary of Education. 77.1(c); (2) Evidence of effectiveness that 12372 and the regulations in 34 CFR For the reasons discussed in the meets the conditions set out in either part 79. One of the objectives of the preamble, the Secretary proposes to paragraph (a) or (b) of the definition of Executive order is to foster an amend parts 75 and 77 of title 34 of the ‘‘strong evidence of effectiveness’’ in 34 intergovernmental partnership and a Code of Federal Regulations as follows: strengthened federalism. The Executive CFR 77.1(c); order relies on processes developed by PART 75—DIRECT GRANT (3) Evidence of effectiveness that State and local governments for PROGRAMS meets the conditions set out in the coordination and review of proposed definition of ‘‘moderate evidence of Federal financial assistance. ■ 1. The authority citation for part 75 effectiveness;’’ or This document provides early continues to read as follows: (4) Evidence of effectiveness that notification of our specific plans and Authority: 20 U.S.C. 1221e–3 and 3474, meets the conditions set out in the actions for these programs. unless otherwise noted. definition of ‘‘evidence of promise.’’ (Authority: 20 U.S.C. 1221e–3 and 3474.) Assessment of Educational Impact ■ 2. Section 75.210 is amended by revising paragraphs (h)(2)(viii) and (ix) PART 77—DEFINITIONS THAT APPLY In accordance with section 411 of the to read as follows. General Education Provisions Act, 20 TO DEPARTMENT REGULATIONS § 75.210 General selection criteria. U.S.C. 1221e–4, the Secretary ■ 4. The authority citation for part 77 particularly requests comments on * * * * * continues to read as follows: whether these proposed regulations (h) * * * would require transmission of (2) * * * Authority: 20 U.S.C. 1221e–3 and 3474, information that any other agency or (viii) The extent to which the methods unless otherwise noted. authority of the United States gathers or of evaluation will, if well-implemented, ■ 5. In § 77.1 paragraph(c) is amended makes available. produce evidence about the project’s by: Accessible Format: Individuals with effectiveness that would meet the What ■ A. Revising the definitions of disabilities can obtain this document in Works Clearinghouse Evidence Evidence of promise, Large sample, an accessible format (e.g., braille, large Standards without reservations. * * * Moderate evidence of effectiveness, print, audiotape, or compact disc) on (ix) The extent to which the methods Quasi-experimental design study, request to the person listed under FOR of evaluation will, if well-implemented, Randomized controlled trial, and Strong FURTHER INFORMATION CONTACT. produce evidence about the project’s evidence of effectiveness.
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63066 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
■ B. Adding, in alphabetical order, the settings proposed to receive the process, studies of the intervention reviewed by definition of What Works Clearinghouse product, strategy, or practice. and reported on by the What Works Evidence Standards. (b) There is at least one study of the Clearinghouse), includes a sample that The revisions and addition read as effectiveness of the process, product, overlaps with the populations and follows: strategy, or practice being proposed that settings proposed to receive the process, meets the What Works Clearinghouse product, strategy, or practice, and § 77.1 Definitions that apply to all Evidence Standards with reservations, includes a large sample and a multi-site Department programs. found a statistically significant favorable sample. (Note: multiple studies can * * * * * impact on a relevant outcome (with no cumulatively meet the large and multi- (c) * * * statistically significant and overriding site sample requirements as long as each * * * * * unfavorable impacts on that outcome for study meets the other requirements in Evidence of promise means there is relevant populations in the study or in this paragraph.) empirical evidence to support the other studies of the intervention (b) There are at least two studies of theoretical linkage(s) between at least reviewed by and reported on by the the effectiveness of the process, product, one critical component and at least one What Works Clearinghouse), includes a strategy, or practice being proposed, relevant outcome presented in the logic sample that overlaps with the each of which: Meets the What Works model for the proposed process, populations or settings proposed to Clearinghouse Evidence Standards with product, strategy, or practice. receive the process, product, strategy, or reservations, found a statistically Specifically, evidence of promise means practice, and includes a large sample significant favorable impact on a the conditions in paragraphs (a) and (b) and a multi-site sample. (Note: multiple relevant outcome (with no statistically of this section are met: studies can cumulatively meet the large significant and overriding unfavorable (a) There is at least one study that is and multi-site sample requirements as impacts on that outcome for relevant a— long as each study meets the other populations in the studies or in other (1) Correlational study with statistical requirements in this paragraph.) studies of the intervention reviewed by controls for selection bias; * * * * * and reported on by the What Works (2) Quasi-experimental design study Quasi-experimental design study Clearinghouse), includes a sample that that meets the What Works means a study using a design that overlaps with the populations and Clearinghouse Evidence Standards with attempts to approximate an settings proposed to receive the process, reservations; or experimental design by identifying a product, strategy, or practice, and (3) Randomized controlled trial that comparison group that is similar to the includes a large sample and a multi-site meets the What Works Clearinghouse treatment group in important respects. sample. Evidence Standards with or without These studies, depending on design and * * * * * reservations. implementation, can meet What Works What Works Clearinghouse Evidence (b) The study referenced in paragraph Clearinghouse Evidence Standards with Standards means the standards set forth (a) found a statistically significant or reservations (but not What Works in the What Works Clearinghouse substantively important (defined as a Clearinghouse Evidence Standards Procedures and Standards Handbook difference of 0.25 standard deviations or without reservations). (Version 3.0, March 2014), which can be larger) favorable association between at * * * * * found at the following link: http:// least one critical component and one Randomized controlled trial means a ies.ed.gov/ncee/wwc/ relevant outcome presented in the logic study that employs random assignment DocumentSum.aspx?sid=19. model for the proposed process, of, for example, students, teachers, * * * * * product, strategy, or practice. classrooms, schools, or districts to [FR Doc. 2014–24929 Filed 10–21–14; 8:45 am] * * * * * receive the intervention being evaluated BILLING CODE 4000–01–P Large sample means an analytic (the treatment group) or not to receive sample of 350 or more students (or other the intervention (the control group). The single analysis units), or 50 or more estimated effectiveness of the DEPARTMENT OF COMMERCE groups (such as classrooms or schools) intervention is the difference between that contain 10 or more students (or the average outcomes for the treatment National Oceanic and Atmospheric other single analysis units). group and for the control group. These Administration * * * * * studies, depending on design and Moderate evidence of effectiveness implementation, can meet What Works 50 CFR Part 222 Clearinghouse Evidence Standards means one of the following conditions [Docket No. 140829733–4733–01] is met: without reservations. (a) There is at least one study of the * * * * * RIN 0648–BE35 effectiveness of the process, product, Strong evidence of effectiveness 2015 Annual Determination To strategy, or practice being proposed that means one of the following conditions Implement the Sea Turtle Observer meets the What Works Clearinghouse is met: Evidence Standards without (a) There is at least one study of the Requirement reservations, found a statistically effectiveness of the process, product, AGENCY: National Marine Fisheries significant favorable impact on a strategy, or practice being proposed that Service (NMFS), National Oceanic and relevant outcome (with no statistically meets the What Works Clearinghouse Atmospheric Administration (NOAA), significant and overriding unfavorable Evidence Standards without Commerce. impacts on that outcome for relevant reservations, found a statistically ACTION: Proposed rule. populations in the study or in other significant favorable impact on a studies of the intervention reviewed by relevant outcome (with no statistically SUMMARY: The National Marine and reported on by the What Works significant and overriding unfavorable Fisheries Service (NMFS) publishes a Clearinghouse), and includes a sample impacts on that outcome for relevant proposed Annual Determination (AD) that overlaps with the populations or populations in the study or in other for 2015, pursuant to its authority under
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63067
the Endangered Species Act (ESA). Atlantic Region, 978–282–8476; Dennis recovery, many populations continue to Through the AD, NMFS identifies U.S. Klemm, Southeast Region, 727–824– decline. fisheries operating in the Atlantic 5312; Dan Lawson, West Coast Region, Incidental take, or bycatch, in fishing Ocean, Gulf of Mexico, and Pacific 562–980–3209; Irene Kelly, Pacific gear is the primary anthropogenic Ocean that will be required to take Islands Region, 808–725–5141. source of sea turtle injury and mortality observers upon NMFS’ request. The Individuals who use a in U.S. waters. Section 9 of the ESA purpose of observing identified fisheries telecommunications device for the prohibits the take (including harassing, is to learn more about sea turtle hearing impaired may call the Federal harming, pursuing, hunting, shooting, interactions in a given fishery, evaluate Information Relay Service at 1–800– wounding, killing, trapping, capturing, measures to prevent or reduce sea turtle 877–8339 between 8 a.m. and 4 p.m. or collecting or attempting to engage in takes and to implement the prohibition Eastern time, Monday through Friday, any such conduct), including incidental against sea turtle takes. Fisheries excluding Federal holidays. take, of endangered sea turtles. Pursuant identified on the 2015 AD (see Table 1) SUPPLEMENTARY INFORMATION: to section 4(d) of the ESA, NMFS has will be eligible to carry observers as of issued regulations extending the Availability of Published Materials January 1, 2015 and will remain on the prohibition of take, with exceptions, to AD for a five year period. The fisheries Information regarding the Marine threatened sea turtles (50 CFR 223.205 listed on the final determination will be Mammal Protection Act (MMPA) List of and 223.206). Section 11 of the ESA required to carry observers upon NMFS’ Fisheries (LOF) may be obtained at provides for civil and criminal penalties request until December 31, 2019. http://www.nmfs.noaa.gov/pr/ for anyone who violates a regulation DATES: Comments must be received by interactions/lof/ and information issued to implement the prohibition of November 21, 2014. regarding Marine Mammal Stock take and the issuance of regulations to Assessment Reports may be obtained at enforce the take prohibitions. NMFS ADDRESSES: You may submit comments http://www.nmfs.noaa.gov/pr/sars/ or may grant exceptions to the take on the proposed rule, identified by from any NMFS Regional Office at the prohibitions with an incidental take ‘‘NOAA–NMFS–2014–0108’’ by any of addresses listed below: statement or an incidental take permit the following methods: • • NMFS, Greater Atlantic Region, 55 issued pursuant to ESA section 7 or 10, Electronic Submissions: Submit all Great Republic Drive, Gloucester, MA respectively. To do so, NMFS must electronic comments through the 01930; determine the activity that will result in Federal eRulemaking portal: http:// • NMFS, Southeast Region, 263 13th incidental take is not likely to www.regulations.gov (follow Avenue South, St. Petersburg, FL 33701; jeopardize the continued existence of instructions for submitting comments). • NMFS, West Coast Region, 501 W. the affected listed species. For some • Mail: Submit written comments to Ocean Blvd., Suite 4200, Long Beach, Federal fisheries and most state Chief, Marine Mammal and Sea Turtle CA 90802; fisheries, NMFS has not granted an Conservation Division, Attn: Sea Turtle • NMFS, Pacific Islands Region, exception for incidental takes of sea Annual Determination, Office of Protected Resources, 1845 Wasp Blvd., turtles primarily because we lack Protected Resources, NMFS, 1315 East- Building 176. Honolulu, HI 96818. information about fishery-sea turtle West Highway, Silver Spring, MD interactions. 20910. Purpose of the Sea Turtle Observer Requirement The most effective way for NMFS to Comments regarding the burden-hour learn more about sea turtle-fishery estimates, or any other aspect of the Under the ESA, 16 U.S.C. 1531 et seq., interactions in order to implement the collection of information requirements NMFS has the responsibility to take prohibitions and prevent or contained in this rule, should be implement programs to conserve marine minimize take is to place observers submitted in writing to Chief, Marine life listed as endangered or threatened. aboard fishing vessels. In 2007, NMFS Mammal and Sea Turtle Conservation All sea turtles found in U.S. waters are issued a regulation (50 CFR 222.402) Division, Office of Protected Resources, listed as either endangered or establishing procedures to annually NMFS, 1315 East-West Highway, Silver threatened under the ESA. Kemp’s identify, pursuant to specified criteria Spring, MD 20910, and to the Office of ridley (Lepidochelys kempii), and after notice and opportunity for Information and Regulatory Affairs at loggerhead (Caretta caretta; North comment, those fisheries in which the _ OIRA [email protected]. Pacific distinct population segment), agency intends to place observers (72 FR Instructions: All comments received leatherback (Dermochelys coriacea), and 43176, August 3, 2007). These are a part of the public record and will hawksbill (Eretmochelys imbricata) sea regulations specify that NMFS may generally be posted to http:// turtles are listed as endangered. place observers on U.S. fishing vessels, www.regulations.gov without change. Loggerhead (Caretta caretta; Northwest commercial or recreational, operating in All Personal Identifying Information Atlantic distinct population segment), U.S. territorial waters, the U.S. (e.g., name, address, etc.) voluntarily green (Chelonia mydas), and olive exclusive economic zone (EEZ), or on submitted by the commenter may be ridley (Lepidochelys olivacea) sea the high seas, or on vessels that are publicly accessible. Do not submit turtles are listed as threatened, except otherwise subject to the jurisdiction of Confidential Business Information or for breeding colony populations of green the United States. Failure to comply otherwise sensitive or protected turtles in Florida and on the Pacific with the requirements under this rule information. NMFS will accept coast of Mexico, and breeding colony may result in civil or criminal penalties anonymous comments (enter ‘‘N/A’’ in populations of olive ridleys on the under the ESA. the required fields, if you wish to Pacific coast of Mexico, which are listed NMFS will pay the direct costs for remain anonymous). Attachments to as endangered. Due to the inability to vessels to carry observers. These include electronic comments will be accepted in distinguish between populations of observer salary and insurance costs. Microsoft Word, Excel, WordPerfect, or green and olive ridley turtles away from NMFS may also evaluate other potential Adobe PDF file formats only. the nesting beach, NMFS considers direct costs, should they arise. Once FOR FURTHER INFORMATION CONTACT: Sara these turtles endangered wherever they selected, a fishery will be eligible to be McNulty, Office of Protected Resources, occur in U.S. waters. While some sea observed for a period of five years 301–427–8402; Ellen Keane, Greater turtle populations have shown signs of without further action by NMFS. This
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63068 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
will enable NMFS to develop an recommended for consideration Halibut, White Seabass and Other appropriate sampling protocol to included gillnet, trawl, trap/pot, pound Species Set Gillnet Fishery (>3.5 in investigate whether, how, when, where, net, seine, and hook-and line. NMFS mesh), California Yellowtail, Barracuda, and under what conditions incidental considered all recommendations and White Seabass Drift Gillnet Fishery takes are occurring; to evaluate whether carefully in developing the proposed list (mesh size >3.5 in. and <14 in.), existing measures are minimizing or of fisheries to be included. Although the Chesapeake Bay Inshore Gillnet Fishery, preventing takes; and to implement ESA comments and recommendations Long Island Inshore Gillnet Fishery, take prohibitions and conserve turtles. provided to NMFS by states were based North Carolina Inshore Gillnet Fishery, upon the best available information on Atlantic blue crab trap/pot, Atlantic Process for Developing an Annual their fisheries, NMFS received more Mixed Species Trap/Pot Fishery, Determination recommendations for fisheries to Northeast/Mid-Atlantic American Pursuant to 50 CFR 222.402, NOAA’s include on the 2015 AD than is feasible lobster trap/pot, Mid-Atlantic Haul/ Assistant Administrator for Fisheries to propose at this time based on the four Beach Seine Fishery, and the Mid- (AA), in consultation with Regional previously noted criteria (50 CFR Atlantic menhaden purse seine. Administrators and Fisheries Science 222.402(a)). The proposed AD is not an There were eight fisheries included Center Directors, develops a proposed exhaustive or comprehensive list of all on 2010 AD that are not proposed for AD identifying which fisheries are fisheries with documented or suspected inclusion in the 2015 AD. However, required to carry observers, if requested, takes of sea turtles. For other fisheries, NMFS may determine that any of these to monitor potential interactions with NMFS may already be addressing fisheries should be included in a sea turtles. NMFS provides an incidental take through another subsequent AD. A summary of these opportunity for public comment on any mechanism (e.g., rulemaking to eight fisheries is provided below. proposed determination. The implement modifications to fishing gear Atlantic Shellfish Bottom Trawl Fishery determination is based on the best and/or practices), may be observing the available scientific, commercial, or fishery under a separate statutory The Atlantic shellfish bottom trawl other information regarding sea turtle- authority, or will consider including fishery (estimated >58 vessels/persons) fishery interactions; sea turtle them in future ADs based on the four encompasses the calico scallop trawl, distribution; sea turtle strandings; previously noted criteria (50 CFR crab trawl, Georgia/South Carolina/ fishing techniques, gears used, target 222.402(a)). Note also that fisheries not Maryland whelk trawl, Gulf of Maine/ species, seasons and areas fished; and/ included on the 2015 AD may still be Mid-Atlantic sea scallop trawl, and Gulf or qualitative data from logbooks or observed under a different authority of Maine northern shrimp trawl (71 FR fisher reports. Specifically, this than the ESA (e.g., MMPA, MSA). 2006, January 4, 2006). This fishery determination is based on the extent to Notice of the final determination will extends from Maine through Florida. which: be published in the Federal Register The fishery is managed through Federal (1) The fishery operates in the same and made in writing to individuals and interstate fishery management plans waters and at the same time as sea permitted for each fishery identified on (FMPs). turtles are present; the AD. NMFS will also notify state This fishery is classified as Category (2) The fishery operates at the same agencies and provide notification III on the MMPA LOF; however, time or prior to elevated sea turtle through publication in local portions of the fishery have been strandings; or newspapers, radio broadcasts, and other observed at low levels under the (3) The fishery uses a gear or means, as appropriate. Once included in Magnuson-Stevens Fishery technique that is known or likely to the final determination, a fishery will Conservation and Management Act result in incidental take of sea turtles remain eligible for observer coverage for (MSA) authority and by the Georgia based on documented or reported takes a period of five years to enable the Department of Natural Resources (GA in the same or similar fisheries; and design of an appropriate sampling DNR). Since 2010, under the authority (4) NMFS intends to monitor the program and to ensure collection of of the MSA, and the AD, NMFS has fishery and anticipates that it will have sufficient scientific data for analysis. If observed trips in this fishery, including the funds to do so. NMFS determines that more than five 33 trips in 2010, 10 trips in 2011, 12 The AA uses the most recent version years are needed to obtain sufficient trips in 2012, and 20 trips in 2013. of the annually published MMPA List of scientific data, NMFS will include the Bottom trawl gear is known to interact Fisheries (LOF) as the comprehensive fishery in the proposed AD again prior with sea turtles. However, as noted list of commercial fisheries for to the end of the fifth year. above, this fishery is currently observed consideration. The LOF includes all In the 2010 AD, NMFS identified 19 under MSA authority. In accordance known state and Federal commercial fisheries that were required to carry with the criteria for listing a fishery on fisheries that occur in U.S. waters and observers for a period of five years, the AD, described above, NMFS is not on the high seas. However, in preparing through December 31, 2014, if requested proposing this fishery for inclusion in an AD we do not rely on the three-part by NMFS. Because of a lack of resources the 2015 AD because NMFS does not MMPA classification scheme used for to implement new observer programs or intend to monitor the fishery beyond the fisheries on the LOF. In addition, unlike expand existing programs, NMFS has existing coverage. the LOF, an AD may include not identified any additional fisheries in recreational fisheries likely to interact the AD since 2010. Mid-Atlantic Bottom Trawl Fishery with sea turtles on the basis of the best Bottom otter trawl nets include a available information. Review of Fisheries Listed on the 2010 variety of net types, including flynets, NMFS consulted with appropriate AD which are high profile trawls. The Mid- state and Federal fisheries officials to Eleven of the 19 fisheries listed on the Atlantic bottom trawl fishery includes identify which fisheries, both 2010 AD are proposed for inclusion in both the Mid-Atlantic bottom trawl commercial and recreational, should be the 2015 AD and are described further fishery and the Mid-Atlantic flynet considered in the AD. below. These fisheries include: The fishery as defined on the LOF. Recommendations were received from Southeastern U.S. Atlantic, Gulf of The Mid-Atlantic bottom trawl fishery six state agencies. Gear types Mexico shrimp trawl fishery, California (631 vessels/persons), uses bottom trawl
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63069
gear to target species including, but not as reported in NOAA Technical estimated observer coverage year-round limited to, bluefish, croaker, monkfish, Memorandum NMFS–NE–228, the U.S. in this fishery was 6%, 3%, 3%, 4%, summer flounder (fluke), winter Atlantic and Gulf of Mexico Marine and 2% respectively, as reported in flounder, silver hake (whiting), spiny Mammal Stock Assessments—2013. NOAA Technical Memorandum NMFS– dogfish, smooth dogfish, scup, and Trawl gear is known to interact with sea NE–228, the U.S. Atlantic and Gulf of black sea bass. The fishery occurs year- turtles. However, as noted above, this Mexico Marine Mammal Stock round from Cape Cod, Massachusetts, to fishery is currently observed under Assessments—2013. Cape Hatteras, North Carolina, in waters MSA and MMPA authority. In Gillnet gear is known to interact with west of 72°30′ W. long. and north of a accordance with the criteria for listing a sea turtles. However, as noted above, line extending due east from the North fishery on the AD, described above, this fishery is currently observed under Carolina/South Carolina border. The NMFS is not proposing this fishery for MSA and MMPA authority. In gear is managed by several state and inclusion in the 2015 AD because NMFS accordance with the criteria for listing a Federal FMPs. does not intend to monitor the fishery fishery on the AD, described above, The Mid-Atlantic bottom trawl fishery beyond the existing coverage. NMFS is not proposing this fishery for and the Mid-Atlantic flynet fishery are inclusion in the 2015 AD because NMFS currently classified as Category II on the Mid-Atlantic Gillnet Fishery does not intend to monitor the fishery MMPA LOF, which authorizes NMFS to The Mid-Atlantic gillnet fishery beyond the existing coverage. observe these fisheries for marine (estimated 5,509 vessels/persons) targets Northeast Sink Gillnet Fishery mammal interactions, and to collect monkfish, spiny dogfish, smooth information on sea turtles should a take dogfish, bluefish, weakfish, menhaden, The Northeast sink gillnet fishery occur on an observed trip. These spot, croaker, striped bass, large and (estimated 4,375 vessels/persons) targets fisheries are also observed through MSA small coastal sharks, Spanish mackerel, Atlantic cod, haddock, pollock, authority. Between 2007–2011, king mackerel, American shad, black yellowtail flounder, winter flounder, estimated observer coverage year-round drum, skate spp., yellow perch, white witch flounder, American plaice, in this fishery was 3%, 3%, 5%, 6%, perch, herring, scup, kingfish, spotted windowpane flounder, spiny dogfish, and 8%, respectively, as reported in seatrout, and butterfish. The fishery monkfish, silver hake, red hake, white NOAA Technical Memorandum NMFS– uses drift and sink gillnets, including hake, ocean pout, skate spp, mackerel, NE–228, the U.S. Atlantic and Gulf of nets set in a sink, stab, set, strike, or redfish, and shad. This fishery uses sink Mexico Marine Mammal Stock drift fashion, with some unanchored gillnet gear, which is anchored gillnet Assessments—2013. drift or sink nets used to target specific (bottom-tending net) gear fished in the Bottom trawl gear is known to interact species. The dominant material is lower one-third of the water column. with sea turtles. However, as noted monofilament twine with stretched The dominant material is monofilament above, components of this fishery are mesh sizes from 2.5–12 in. (6.4–30.5 twine with stretched mesh sizes from 6– currently observed under MSA and cm), and string lengths from 150–8,400 12 in (15–30.5 cm) and string lengths MMPA authority. In accordance with ft. (46–2,560 m). This fishery operates from 600–10,500 ft. (183–3,200 m), the criteria for listing a fishery on the year-round west of a line drawn at depending on the target species. Large AD, described above, NMFS is not 72°30′ W. long. south to 36°33.03′ N. lat. mesh (10–14 in [25–35.6 cm]) sink proposing this fishery for inclusion in and east to the eastern edge of the EEZ gillnets, either tied down or set upright the 2015 AD because NMFS does not and north of the North Carolina/South without floats using a polyfoam core intend to monitor the fishery beyond the Carolina border, not including waters floatline, are used when targeting existing coverage. where inshore gillnet fisheries (i.e., monkfish. The fishery operates from the Chesapeake Bay, North Carolina, Long U.S.-Canada border to Long Island, New Mid-Atlantic Mid-Water Trawl Island Sound inshore gillnet fisheries) York, at 72°30′ W. long. south to (Including Pair Trawl) Fishery operate in bays, estuaries, and rivers. 36°33.03′ N. lat. (corresponding with the The Mid-Atlantic mid-water trawl This fishery includes any residual large Virginia/North Carolina border) and east fishery (estimated 322 vessels/persons) pelagic driftnet effort in the Mid- to the eastern edge of the EEZ, including primarily targets Atlantic mackerel, Atlantic and any shark and dogfish the Gulf of Maine, Georges Bank, and chub mackerel, and miscellaneous other gillnet effort in the Mid-Atlantic zone Southern New England, and excluding pelagic species. This fishery consists of described. The fishing occurs right off Long Island Sound or other waters both single and pair trawls, which are the beach (6 ft. [1.8 m]) or in nearshore where gillnet fisheries are classified as designed, capable, or used to fish for coastal waters to offshore waters (250 ft. Category III on the MMPA LOF. Fishing pelagic species with no portion of the [76 m]). effort occurs year-round, peaking from gear designed to be operated in contact Gear in this fishery is managed by May to July primarily on continental with the bottom. The fishery for Atlantic several Federal FMPs and Interstate shelf regions in depths from 30–750 ft. mackerel occurs primarily from FMPs managed by the Atlantic States (9–228.6 m), with some nets deeper than southern New England through the Mid- Marine Fisheries Commission (ASMFC). 800 ft. (244 m). Atlantic from January to March and in These fisheries are primarily managed Several interstate and Federal FMPs the Gulf of Maine during the summer by total allowable catch (TAC); manage this fishery. In addition, the and fall (May to December). individual trip limits (quotas); effort Atlantic Large Whale Take Reduction The Mid-Atlantic mid-water trawl caps (limited number of days at sea per Plan and the Harbor Porpoise Take fishery is currently classified as vessel); time and area closures; and gear Reduction Plan manage the fishery to Category II on the MMPA LOF, which restrictions and modifications. reduce the risk of entanglement of right, authorizes NMFS to observe this fishery This fishery is classified as Category humpback, and fin whales, and harbor for marine mammal interactions, and to I on the MMPA LOF, which authorizes porpoises, respectively. The fishery is collect information on sea turtles should NMFS to observe this fishery in state primarily managed through TAC limits; a take occur on an observed trip. During and Federal waters for marine mammal individual trip limits (quotas); effort 2007–2011, estimated observer coverage interactions and to collect information caps (limited number of days at sea per year-round in this fishery was 3.9%, on sea turtles should a take occur on an vessel); time and area closures; and gear 13%, 13%, 25%, and 41% respectively, observed trip. During 2007–2011, restrictions.
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63070 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
This fishery is classified as Category for inclusion in the 2015 AD as NMFS to address sea turtle mortality in the I on the MMPA LOF, which authorizes does not intend to monitor this fishery pound net leaders and proposed NMFS to observe this fishery in state specifically for sea turtles at this time. regulations to address bottlenose and Federal waters for marine mammal dolphin mortality in pound net leaders Virginia Pound Net Fishery interactions and to collect information provide benefit to sea turtles. Further, on sea turtles should a take occur on an The Virginia pound net fishery most of the takes that occur in the observed trip. During 2007–2011, (estimated 67 vessels/persons) targets pound are live turtles that are released estimated observer coverage year-round species, including croaker, menhaden, uninjured and, when observed, an in this fishery was 7%, 5%, 4%, 17%, striped bass, and spot, using stationary alternative platform is used. and 19% respectively, as reported in gear in nearshore Virginia waters, U.S. Mid-Atlantic Mixed Species Stop NOAA Technical Memorandum NMFS– primarily in the Chesapeake Bay and its Seine/Weir/Pound Net (Except the NE–228, the U.S. Atlantic and Gulf of tributaries. Pound net gear includes a North Carolina Roe Mullet Stop Net) Mexico Marine Mammal Stock leader posted perpendicular to the Fishery Assessments—2013. shoreline and extending outward, which Gillnet gear is known to interact with funnels the fish into the pound, where The Mid-Atlantic mixed species stop sea turtles. However, as noted above, the catch accumulates. This fishery seine/weir/pound net fishery (unknown this fishery is currently observed under includes all pound net effort in Virginia number of vessels/persons) targets MSA and MMPA authority. In State waters, including waters inside the several species, including, but not accordance with the criteria for listing a Chesapeake Bay. The fishery is managed limited to, weakfish, striped bass, shark, fishery on the AD, described above, under Interstate FMPs for Atlantic catfish, menhaden, flounder, gizzard NMFS is not proposing this fishery for croaker and spot. shad, and white perch. The fishery uses inclusion in the 2015 AD because NMFS The Virginia pound net fishery is fixed or staked net gear (pound net, does not intend to monitor the fishery currently classified as Category II on the weir, staked trap) from Nantucket beyond the existing coverage. MMPA LOF, which authorizes NMFS to Sound to Chesapeake Bay (60 FR 31681, observe this fishery for marine mammal June 16, 1995); the Virginia pound net Southeast Atlantic Gillnet Fishery interactions, and to collect information and the North Carolina roe mullet stop The Southeast Atlantic gillnet fishery on sea turtles should a take occur on an net fisheries are not included as part of (estimated 357 vessels/persons) targets observed trip. Loggerhead, Kemp’s this fishery. finfish, including king mackerel, ridley, leatherback, and green turtles This fishery is classified as Category Spanish mackerel, whiting, bluefish, have been observed taken in this III on the MMPA LOF and was listed on pompano, spot, croaker, little tunny, fishery. The Northeast Fisheries the 2010 AD, but it has never been bonita, jack crevalle, cobia, and striped Observer Program conducted observed. As discussed above, this gear mullet. This fishery does not include monitoring in this fishery in 2009 from type is known to interact with sea gillnet effort targeting sharks as part of August 23 to October 4 and in 2010 turtles, however, NMFS does not intend the Southeastern U.S. Atlantic shark from mid-May to early August. to monitor the fishery at this time and gillnet fishery. This fishery uses gillnets NMFS currently requires the use of a is not proposing this fishery for set in sink, stab, set, or strike fashion. modified pound net leader in certain inclusion in the 2015 AD. The fishery operates in waters south of areas of the Chesapeake Bay to reduce a line extending due east from the North entanglements of sea turtles in this gear Implementation of Observer Coverage Carolina-South Carolina border and type (71 FR 36024, June 23, 2006). This in a Fishery Listed in the 2015 AD south and east of the fishery fishery operates at the same time as As part of the proposed 2015 AD, management council demarcation line historically elevated sea turtle NMFS has included, to the extent between the Atlantic Ocean and the strandings. practicable, information on the fisheries Gulf of Mexico. The majority of fishing On April 17, 2014, NMFS published or gear types to be observed, geographic effort occurs in Federal waters since a proposed rule (79 FR 21695) to amend and seasonal scope of coverage, and any South Carolina, Georgia, and Florida the Bottlenose Dolphin Take Reduction other relevant information. For each of prohibit the use of gillnets, with limited Plan (BDTRP) and its implementing these fisheries or gear types, NMFS exceptions, in state waters. regulations under the Marine Mammal intends to monitor the fishery and Fishing for king mackerel, Spanish Protection Act (MMPA). The BDTRP anticipates that it will have the funds to mackerel, cobia, cero, and little tunny in rule proposes the year-round use of do so. After publication of a final AD, Federal waters is managed under the modified pound net leaders for offshore a 30-day delay in effective date for Coastal Migratory Pelagic Resources Virginia pound nets in specified waters implementing observer coverage will FMP. None of the other target species of the lower mainstem Chesapeake Bay follow, except for those fisheries where are Federally-managed under the MSA. and coastal state waters. Virginia pound the AA has determined that there is In state waters, state and ASMFC net-related definitions, gear good cause pursuant to the Interstate FMPs apply. prohibitions, and non-regulatory Administrative Procedure Act to make This fishery is classified as Category measures are also proposed. Both the rule effective without a 30-day II on the MMPA LOF, which authorizes regulatory and non-regulatory measures delay. NMFS to observe this fishery in state proposed in that rule are based on the The design of any observer program and federal waters for marine mammal Bottlenose Dolphin Take Reduction for fisheries identified through the AD interactions, and to collect information Team’s consensus recommendations. process, including how observers would on sea turtles should a take occur on an The implementation of this final be allocated to individual vessels, will observed trip. NMFS has previously regulation would benefit sea turtles. vary among fisheries, fishing sectors, observed this fishery at moderate levels, While the Virginia pound net fishery gear types, and geographic regions and primarily focused on target catch and remains a concern for sea turtle will ultimately be determined by the bycatch species other than sea turtles. incidental take, NMFS is not proposing individual NMFS Regional Office, No observer coverage has been achieved its inclusion on the 2015 AD because Science Center, and/or observer since this fishery was listed on the 2010 NMFS does not intend to monitor the program. During the program design, AD. NMFS is not proposing this fishery fishery at this time. Existing regulations NMFS will be guided by the following
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63071
standards for distributing and placing Sea Turtle Distribution deeper oceanic waters. The largest observers among fisheries identified in nesting assemblage of loggerheads in the Atlantic Ocean and Gulf of Mexico the AD and among vessels in those world is found in the southeastern fisheries: Sea turtle species found in waters of United States. (1) The requirement to obtain the best the Atlantic Ocean and Gulf of Mexico Adult leatherbacks are capable of available scientific information; include green, hawksbill, Kemp’s ridley, tolerating a wide range of water leatherback, and loggerhead turtles. The temperature, and have been sighted (2) The requirement that observers be waters off the U.S. east coast and Gulf along the entire continental coast of the assigned fairly and equitably among of Mexico provide important foraging, United States as far north as the Gulf of fisheries and among vessels in a fishery; breeding, and migrating habitat for these Maine and south to Puerto Rico, the (3) The requirement that no species. Further, the southeastern U.S. Virgin Islands, and into the Gulf of individual person or vessel, or group of United States, from North Carolina Mexico. The southeast coast of Florida persons or vessels, be subject to through the Florida Gulf coast, is a represents a small, but growing, nesting inappropriate, excessive observer major sea turtle nesting area for area for leatherbacks in the western coverage; and loggerhead, leatherback, and green North Atlantic. (4) The need to minimize costs and turtles, and, to a lesser extent, Kemp’s U.S. Pacific Ocean avoid duplication, where practicable. ridley and hawksbill turtles. Vessels subject to observer coverage Four species—green, Kemp’s ridley, Leatherback sea turtles are found under the AD must comply with leatherback, and loggerhead turtles— consistently off the U.S. west coast, observer safety requirements specified occur seasonally in New England and usually north of Point Conception, California. They are known to migrate to at 50 CFR 600.725 and 50 CFR 600.746. Mid-Atlantic continental shelf waters north of Cape Hatteras, North Carolina. central and northern California from Specifically, 50 CFR 600.746(c) requires The occurrence of these species in these their natal beaches in the Western vessels to provide adequate and safe waters is largely temperature Pacific to feed on jellyfish during conditions for carrying an observer and dependent. In general, some turtles summer and fall. Leatherback turtles conditions that allow for operation of move up the coast from southern usually appear in Monterey Bay and normal observer functions. To provide wintering areas as water temperatures California coastal waters during August such conditions, a vessel must comply warm in the spring. The trend is and September and move offshore in with the applicable regulations reversed in the fall as water October and November. Other observed regarding observer accommodations (see temperatures decrease. By December, areas of summer leatherback 50 CFR parts 229, 300, 600, 622, 635, turtles that migrated northward have concentration include northern 648, 660, and 679) and possess a current returned to more southern waters for the California and the waters off United States Coast Guard Commercial winter. Hard-shelled species are most Washington through northern Oregon, Fishing Vessel Safety Examination decal commonly found south of Cape Cod, offshore from the Columbia River or a USCG certificate of examination. A Massachusetts. Leatherbacks are plume. vessel that fails to meet these regularly found as far north in U.S. Green, loggerhead, and olive ridley requirements at the time an observer is waters as the Gulf of Maine in the sea turtles are rarely observed in the to be deployed on the vessel is summer and fall. west coast EEZ, but records show that prohibited from fishing (50 CFR Green turtles are found in inshore and all species have stranded in California 600.746(f)) unless NMFS determines nearshore waters from Texas to and the Pacific Northwest. Two small that an alternative platform (e.g., a Massachusetts, the U.S. Virgin Islands, resident populations of green turtles second vessel) may be used, or and Puerto Rico. While foraging and have been identified in the southern determines that a vessel with developmental habitats also occur in the California Bight, associated historically inadequate or unsafe facilities is not wider Caribbean, important feeding with the warm water outflows from required to take an observer under 50 areas in Florida include the Indian River power plants in San Diego Bay and the CFR 222.404. In any case, all fishermen Lagoon, the Florida Keys, Florida Bay, San Gabriel River in Long Beach, on a vessel must cooperate in the Homosassa, Crystal River, Cedar Key, California. In the eastern Pacific, operation of observer functions. and St. Joseph Bay. The bays and loggerheads have been reported as far Observer programs designed or carried sounds of North Carolina also provide north as Alaska and as far south as out in accordance with 50 CFR 222.404 important foraging habitat for green Chile. Occasional sightings are reported would be required to be consistent with turtles. from the coasts of Washington and existing observer-related NOAA policies In the Atlantic, hawksbills are most Oregon, but most records are of and regulations, such as those under the common in Puerto Rico and its juveniles off the coast of California. Fair Labor and Standards Act (29 U.S.C. associated islands and in the U.S. Virgin Based upon limited observer records, 201 et seq.), the Service Contract Act (41 Islands. In the continental United loggerheads travel into the southern U.S.C. 351 et seq.), Observer Health and States, the species is primarily recorded California Bight during El Nin˜ o events Safety regulations (50 CFR part 600), from south Texas and south Florida and (or warm water conditions similar to an and other relevant policies. infrequently from the remaining Gulf El Nin˜ o). The majority of fishery Again, note that fisheries not included states and north of Florida. Kemp’s interactions with loggerheads during El on the 2015 AD may still be observed ridleys are distributed throughout Nin˜ o conditions have occurred during under a different authority than the ESA waters of the Gulf of Mexico and U.S. the summer. Olive ridleys have been (e.g., MMPA, MSA). Additional Atlantic coast from Florida to New recorded stranded all along the U.S. information on observer programs in England. The major nesting area for west coast. Olive ridleys are believed to commercial fisheries can be found on Kemp’s ridleys is in Tamaulipas, use warm water currents along the west the NMFS National Observer Program’s Mexico, with limited nesting extending coast for foraging. The specific Web site: http://www.st.nmfs.noaa.gov/ to the Texas coast. distribution of olive ridleys along the observer-home/; links to individual Loggerheads occur throughout the U.S. west coast is unknown at this time. regional observer programs may also be Atlantic and Gulf of Mexico, ranging Sea turtles occur throughout the found on this Web site. from inshore shallow water habitats to Pacific Islands Region including the
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63072 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
State of Hawaii and the U.S. territories Green turtles represent the highest the fishery that uses skimmer trawls for of Guam, American Samoa, and the number of strandings. the 2015 AD. Skimmer trawls are used Commonwealth of the Northern Mariana In the Pacific Islands region, primarily in inshore/inland shallow Islands (CNMI). Green and hawksbill strandings occur throughout the year, waters (typically less than 20 ft. (6.1 m)) turtles are most common in nearshore primarily green turtles and secondarily to target shrimp. The skimmer trawl has waters while leatherbacks, loggerheads, hawksbills in Hawaii, Guam, American a rigid ‘‘L’’-shaped or triangular metal and olive ridleys occur in offshore Samoa, and CNMI. In Oregon and frame with the inboard portion of the pelagic waters. Stock structure and Washington, very few strandings are frame attached to the vessel and the population dynamics for some species reported. Historical records include a outboard portion attached to a skid that in this region are poorly understood. few green, loggerhead, and olive ridley runs along the seabed. strandings. Sea Turtle Strandings Skimmer trawl use increased in Fisheries Proposed for Inclusion on the response to TED requirements for NMFS reviewed data collected by the 2015 Annual Determination shrimp bottom otter trawls. Skimmer Sea Turtle Stranding and Salvage trawls currently have no TED Network (STSSN) to identify stranding NMFS is proposing to include 14 requirement but are subject to tow time trends and inform development of this fisheries (12 in the Atlantic Ocean/Gulf limits of 55 minutes from April 1 to proposed rule. The STSSN along the of Mexico and 2 in the Pacific Ocean) October 31 and 75 minutes from U.S. Atlantic and Gulf of Mexico coasts on the 2015 AD. The 14 fisheries, November 1 to March 31. Skimmer has documented strandings of six described below and listed in Table 1, trawls are used in North Carolina, species: Loggerhead, Kemp’s ridley, represent several gear types, including Florida (Gulf Coast), Alabama, green, leatherback, hawksbill, and olive trawl, gillnet, trap/pot, and weir/seine. Mississippi, and Louisiana. There are ridley turtles, with loggerheads The 2014 LOF (78 FR 73477) was documented takes of sea turtles in consistently representing the highest used as the comprehensive list of skimmer trawls in North Carolina and number of strandings. The Southeast commercial fisheries to evaluate for the Gulf of Mexico. All Gulf of Mexico United States consistently records the inclusion on the AD. The fishery name, states, except Texas, include skimmer highest level of strandings during any definition, and number of vessels/ trawls as an allowable gear. In recent given month, each year. Loggerhead sea persons for fisheries listed on the AD years, the skimmer trawl has become a turtles represent the highest number of are taken from the most recent LOF. major gear in the inshore shrimp fishery annual strandings, followed by Kemp’s Additionally, the fishery descriptions in the Northern Gulf and also has some ridley. Since 2010, the number of sea below include a particular fishery’s use in inshore North Carolina. Louisiana turtle strandings reported in the current classification on the MMPA LOF hosts the vast majority of skimmer Northern Gulf of Mexico has increased, (i.e., Category I, II, or III); Category I and boats, with 2,248 skimmer and butterfly with Kemp’s ridley strandings occurring II fisheries are required to carry net trawlers reporting landings in 2008. in the highest numbers. observers under the MMPA if requested In 2008, Mississippi had approximately by NMFS. As noted previously, NMFS Based on the data reviewed, 62 active skimmer, butterfly, and also has authority to observe fisheries in strandings have occurred in each month chopstick boats, Alabama had 60 active Federal waters under the MSA and of the year, in the Northeast Atlantic, skimmer boats, and North Carolina had collect sea turtle bycatch information. the Southeast Atlantic and the Gulf of 97 skimmer vessels (NMFS 2014). Mexico; however, distinct trends are Trawl Fisheries However, skimmer vessels in North notable within each of these regions. In Interactions with trawl fisheries are of Carolina have declined in recent years the Gulf and Southeast U.S. Atlantic particular concern for sea turtles, to 64 active vessels in 2010. regions, strandings consistently occur in because forced submergence in any type Skimmer trawl effort overlaps with every month of the year. In the Gulf of restrictive gear can lead to lack of sea turtle distribution, and as noted region, the highest concentration of oxygen and subsequent death by above, takes have been reported. strandings occurs from March to July, drowning. Metabolic changes that can Although subject to tow times, the with a notable peak in April and May. impair a sea turtle’s ability to function magnitude of sea turtle takes in this In the Southeast Atlantic region, the can occur within minutes of forced fishery are not well understood. In highest concentration of strandings submergence (Lutcavage et al., 1997). response to high numbers of sea turtle occurs from March to November, with a Trawls that are not outfitted with strandings since 2010, fishery observer notable peak in May and June. In the turtle excluder devices (TEDs) may effort was shifted from otter trawls to Northeast Atlantic region, strandings result in forced submergence. Currently, the inshore skimmer trawl fishery in the predominately occur between May and only otter trawl fisheries capable of northern Gulf of Mexico during the November of each year, with the highest catching shrimp and operating south of summers of 2012, 2013, and 2014. In concentration of strandings between Cape Charles, Virginia, and in the Gulf 2012, 119 sea days were observed in the June and September; strandings are of Mexico as well as trawl fisheries skimmer fishery resulting in 24 sea uncommon in the winter and early targeting summer flounder south of turtles observations. In 2013, 145 sea spring. Cape Charles, Virginia, in the summer days were observed, resulting in 8 sea On the U.S. west coast, strandings are flounder fishery-sea turtle protection turtle observations. To date in 2014, 10 infrequent compared to the Atlantic and area (50 CFR 222.102) are required to sea turtles have been observed in the Gulf of Mexico coasts. This is primarily use TEDs. skimmer trawl fishery. due to species abundance and Continued observer coverage to distribution. The STSSN in California Southeastern U.S. Atlantic, Gulf of understand the scope and impact of has documented strandings of five Mexico Shrimp Trawl Fishery turtle takes in this fishery is needed to species: Green, leatherback, loggerhead, The Southeastern U.S. Atlantic, Gulf implement the prohibitions of take, hawksbill, and olive ridley turtles. of Mexico shrimp trawl fishery inform management decisions on what Strandings were documented in all (estimated 4950 vessels/persons) targets actions may be necessary to minimize months; data indicate a peak in shrimp using various types of trawls; and prevent sea turtle takes, and further strandings between July and October. NMFS will focus on the component of sea turtle conservation and recovery.
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63073
The Southeastern U.S. Atlantic/Gulf Seabass and Other Species Set Gillnet takes, and NMFS intends to monitor this of Mexico shrimp trawl fishery is Fishery; California Yellowtail, fishery. classified as Category II on the MMPA Barracuda, and White Seabass Drift California Yellowtail, Barracuda, and LOF, and mandatory observer coverage Gillnet Fishery; Chesapeake Bay Inshore White Seabass Drift Gillnet Fishery in Federal waters began in 2007 under Gillnet Fishery; Long Island Inshore (Mesh Size >3.5 in. and <14 in.) the MSA. The fishery is currently Gillnet Fishery; North Carolina Inshore observed at approximately 1% of total Gillnet Fishery; and Gulf of Mexico The California yellowtail, barracuda, fishery effort. The fishery was Gillnet Fishery in the 2015 AD. Each of and white seabass drift gillnet fishery previously included in the 2010 AD, these fisheries, with the exception of the (30 vessels/persons) targets primarily which allowed for observer coverage to Gulf of Mexico Gillnet Fishery, was yellowtail and white seabass, and be shifted to skimmer trawls to listed on the 2010 AD. secondarily barracuda, with target specifically investigate bycatch of sea species typically determined by market turtles. NMFS proposes to again include California Halibut, White Seabass and demand on a short-term basis. Drift this fishery pursuant to the criteria Other Species Set Gillnet Fishery (>3.5 gillnets are up to 6,000 ft. (1,829 m) long identified at 50 CFR 222.402(a)(1) for in Mesh) and are set at the surface. The mesh size including a fishery in the AD, because The California halibut, white seabass, depends on target species and is sea turtles are known to occur in the and other species set gillnet fishery typically 6.0–6.5 in (15–16.5 cm). When same areas where the fishery operates, targeting yellowtail and barracuda, the (estimated 50 vessels/persons) targets ≥ takes have been previously documented halibut, white seabass, and other species mesh size must be 3.5 in (9 cm); when in this fishery, and NMFS intends to targeting white seabass, the mesh size from the U.S.-Mexico border north to ≥ continue to focus observer coverage in Monterey Bay using 200 fathom (1,200 must be 6 in (15.2 cm). From June 16 the component of the fishery that uses ft.; 366 m) gillnets with a stretch mesh to March 14 not more than 20 percent, skimmer trawls. size of 8.5 in (31.6 cm). Net soak by number, of a load of fish may be white seabass with a total length of 28 duration is typically 8–10, 19–24, or 44– Gulf of Mexico Mixed Species Trawl in (71 cm). A maximum of ten white 49 hours at a depth ranging from 15–50 Fishery seabass per load may be taken if taken fathoms (90–300 ft.; 27–91 m), with The Gulf of Mexico Mixed Species in gillnet or trammel nets with meshes most sets from 15–35 fathoms (90–210 Trawl Fishery (estimated 20 vessels/ from 3.5–6.0 in (9–15 cm) in length. The ft.; 27–64 m). No more than 1500 persons) targets fish using various types fishery operates year-round, primarily fathoms (9,000 ft.; 2,743 m) of gill or of trawl gear, including bottom otter south of Point Conception with some trammel net may be fished in trawl gear targeting sheepshead. This effort around San Clemente Island and combination for California halibut and fishery is located in state waters, and is San Nicolas Island. This fishery is a angel shark. Fishing occurs year-round, classified as Category III on the MMPA limited entry fishery with various gear with effort generally increasing during LOF. NMFS has not previously required restrictions and area closures managed vessels operating in this fishery to carry summer months and declining during by the CDFG. an observer under MMPA authority, and the last three months of the year. The This fishery is classified as Category this fishery was not included in the central California portion of the fishery II on the MMPA LOF, which authorizes 2010 AD. NMFS proposes to include from Point Arguello to Point Reyes has NMFS to observe this fishery in state this fishery in the 2015 AD pursuant to been closed since September 2002, waters for marine mammal interactions the criteria identified at 50 CFR following a state ban on gillnets inshore and to collect information on sea turtles 222.402(a)(1) for including a fishery in of 60 fathoms (360 ft.; 110 m). Since should a take occur on an observed trip. the AD, because sea turtles are known 1990, set gill nets have been prohibited This fishery was included in the 2010 to occur in the same areas where the in state waters south of Point Arguello AD. This fishery was observed at 5% of fishery operates, takes have been and within 70 fathoms (420 ft.; 128 m) all trips in 2010, 3% in 2011, and 1% documented in similar gear types, or one mile (1.6 km), whichever is less, in 2012. During that time, no sea turtle mainly the shrimp trawl fishery, and around the Channel Islands. The bycatch was observed in the fishery. NMFS intends to monitor this fishery. California Department of Fish and Game NMFS proposes to again include this (CDFG) manages the fishery as a limited fishery pursuant to the criteria Gillnet Fisheries entry fishery with gear restrictions and identified at 50 CFR 222.402(a)(1) for Sea turtles are vulnerable to area closures. including a fishery in the AD because it entanglement and drowning in gillnets, This fishery is classified as Category operates in the same waters that turtles especially when the gear is left II on the MMPA LOF, which authorizes are known to occur, this gear type is unattended. The main risk to sea turtles NMFS to observe this fishery in state known to result in the incidental take of from capture in gillnet gear is forced waters for marine mammal interactions sea turtles based on documented takes, submergence. Sea turtle entanglement in and to collect information on sea turtles and NMFS intends to monitor this gillnets can also result in severe should a take occur on an observed trip. fishery. constriction wounds and/or abrasions. This fishery was included in the 2010 Large mesh gillnets (e.g., 10–12 in. AD. This fishery was observed at 13% Chesapeake Bay Inshore Gillnet Fishery [25.4–30.5 cm] stretched mesh or of all trips in 2010, 8% in 2011, and 6% The Chesapeake Bay inshore gillnet greater) have been documented as in 2012. During that time, no sea turtle fishery (estimated 1,126 vessels/ particularly effective at capturing sea bycatch was observed in the fishery. persons) targets menhaden and croaker turtles. Additionally, sea turtles have NMFS proposes to again include this using gillnet gear with mesh sizes been documented entangled in smaller fishery pursuant to the criteria ranging from 2.875–5 in (7.3–12.7 cm), mesh gillnets. identified at 50 CFR 222.402(a)(1) for depending on the target species. The Given known interactions between including a fishery in the AD, because fishery operates between the sea turtles and this gear type, and the it operates in the same waters that Chesapeake Bay Bridge-Tunnel and the need to obtain more coverage on state turtles are known to occur, this gear mainland. The fishery is managed under inshore fisheries, NMFS proposes to type is known to result in the incidental the Interstate FMPs for Atlantic include the California Halibut, White take of sea turtles based on documented menhaden and Atlantic croaker. Gillnets
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63074 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
in Chesapeake Bay also target striped turtle strandings, and NMFS intends to including Spanish mackerel, king bass and spot. monitor this fishery. mackerel, striped mullet, Florida This fishery is classified as Category pompano, and southern flounder using North Carolina Inshore Gillnet Fishery II on the MMPA LOF and was included sink gillnets and strike gillnets. in the 2010 AD. There has been limited The North Carolina inshore gillnet This fishery is classified as Category observer coverage in this fishery since fishery (approximately 1,323 vessels/ II on the MMPA LOF, which authorizes 2010, with 12 observed trips in 2010, 1 persons) targets species including NMFS to observe this fishery for marine observed trip in 2011, and 3 observed southern flounder, weakfish, bluefish, mammal interactions and to collect trips in 2013. To date, observer coverage Atlantic croaker, striped mullet, spotted information on sea turtles should a take in gillnet fisheries has focused on seatrout, Spanish mackerel, striped bass, occur on an observed trip. To better Federally-managed fisheries. There is a spot, red drum, black drum, and shad. characterize fishing effort and bycatch, need to better understand the gear This fishery includes any fishing effort the NMFS Southeast Gillnet Observer fished in state waters and the extent to using any type of gillnet gear, including Program began placing observers on which this gear interacts with sea set (float and sink), drift, and runaround state commercial gillnet vessels in turtles. Given the risk of interaction and gillnet for any target species inshore of coastal Louisiana, Mississippi, and the limited data currently available on the COLREGS lines in North Carolina. Alabama in 2012. NMFS proposes to interactions, NMFS proposes to again This fishery is managed under state and include this fishery in the 2015 AD include this fishery pursuant to the ASMFC interstate FMPs, applying net because sea turtles are known to occur criteria identified at 50 CFR and mesh size regulations, and seasonal in the same areas where the fishery 222.402(a)(1) for listing a fishery on the area closures in the Pamlico Sound operates and takes have been AD because sea turtles are known to Gillnet Restricted Area. documented in similar other fisheries occur in the same areas where the NMFS issued two ESA section using gillnet gear, and NMFS intends to fishery operates, takes have been 10(a)(1)(B) permits for the North monitor this fishery. previously documented in similar gear, Carolina state-wide inshore gillnet Trap/Pot Fisheries the fishery operates during a period of fishery to incidentally take sea turtles in high sea turtle strandings, and NMFS 2013, and to incidentally take Atlantic Sea turtles are known to become intends to monitor this fishery. sturgeon in 2014, which include all entangled in the buoy lines (also called inshore, estuarine waters, including vertical lines) of trap/pot gear, and there Long Island Inshore Gillnet Fishery Core Sound and Pamlico Sound. The have been anecdotal reports that sea The Long Island Sound inshore gillnet permits require the State of North turtles may interact with the trap/pot fishery (estimated 20 vessels/persons) Carolina to maintain a minimum of 7% itself. Turtles entangled in trap/pot gear includes all gillnet fisheries operating observer coverage for large mesh gillnet may drown or suffer injuries (and west of a line from the north fork of the in each state management area for the potential subsequent mortality) due to eastern end of Long Island, New York spring, summer, and fall seasons. It also constriction by the rope or line. Takes (Orient Point to Plum Island to Fishers requires a minimum of 2% observer of both leatherback and hard-shelled sea Island) to Watch Hill, Rhode Island (59 coverage for small mesh gillnets. Since turtles have been documented in this FR 43703, August 25, 1994). Target issuance of the sea turtle incidental take gear type. NMFS Greater Atlantic species include bluefish, striped bass, permit in September 2013, it is Region (GAR), formerly the Northeast weakfish, and summer flounder. estimated that 216 green sea turtles (173 Region, established the Northeast This fishery is classified as Category alive, 88 dead) and 15 Kemp’s ridley sea Atlantic Sea Turtle Disentanglement II on the MMPA LOF and was included turtles (all alive), have been incidentally Network (STDN) in 2002 to respond to in the 2010 AD. There has been limited taken in the inshore large mesh gillnet entanglements in vertical lines observer coverage in this fishery since fishery. Additionally, 1 live green sea associated with trap/pot gear. Reports of 2010. To date, observer coverage in turtle was observed in the small mesh entangled sea turtles come from gillnet fisheries has focused on gillnet fishery. fishermen, boaters, and the general Federally-managed fisheries. However, This fishery is classified as Category public. Since 2002, entanglements in the NMFS Northeast Fisheries Observer II on the MMPA LOF and was included vertical lines have averaged 20.4 Program has worked with the state of in the 2010 AD. NMFS has observed this annually. Takes in 2012 and 2013 New York to develop a plan to achieve fishery with limited coverage since increased significantly with 41 and 56 observer coverage in New York state 2010, observing 42 trips in 2010, 18 takes documented in each year, waters between 2014 and 2017, which trips in 2011, 22 trips in 2012, and 28 respectively. These numbers include all includes approximately 250 gillnet trips trips in 2013. Although the state is vertical line interactions, the vast annually. There is a need to better currently required to maintain observer majority of which were identified as understand the gear fished in state coverage in inshore waters, NMFS trap/pot gear (as opposed to gillnet waters and the extent to which this gear proposes to again include this fishery gear). A more systematic data collection interacts with sea turtles. Given the risk pursuant to the criteria identified at 50 on these interactions is needed to begin of interaction and the limited data CFR 222.402(a)(1) for listing a fishery on understanding the extent to which currently available on interactions, and the AD because sea turtles are known to interactions occur in order to implement the new partnership with the State of occur in the same areas where the the prohibitions against takes and how New York, NMFS proposes to again fishery operates, takes have been to prevent or mitigate takes. include this fishery pursuant to the previously documented in this fishery, Three pot/trap fisheries were criteria identified at 50 CFR the fishery operates during a period of included in the 2010 AD; Atlantic Blue 222.402(a)(1) for listing a fishery on the high sea turtle strandings, and NMFS Crab Trap/Pot Fishery, Atlantic Mixed AD. NMFS also makes this proposal intends to monitor this fishery. Species Trap/Pot Fishery, and the because sea turtles are known to occur Northeast/Mid-Atlantic American in the same areas where the fishery Gulf of Mexico Gillnet Fishery Lobster Trap/Pot Fishery. However, operates, takes have been previously The Gulf of Mexico Gillnet Fishery limited or no observer coverage has documented in similar gear, the fishery (estimated 724 vessels/persons) operates been achieved in these fisheries since operates during a period of high sea in state inshore waters, targeting finfish, listing on the 2010 AD. While some pot/
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63075
trap vessels can be observed through fishery includes all trap/pot operations time period when observer coverage for traditional methods, other vessels from the Maine-Canada border south this fishery will be focused. participating in these fisheries, through the waters east of the fishery NMFS proposes to again include this especially in state waters, may be too management demarcation line between fishery pursuant to the criteria small to carry observers, which create the Atlantic Ocean and the Gulf of identified at 50 CFR 222.402(a)(1) for challenges for observer programs. Mexico (50 CFR 600.105), but does not listing a fishery on the AD because sea Further discussions regarding the most include the following trap/pot fisheries turtles are known to occur in the same appropriate and effective methodologies (as defined on the MMPA LOF): areas where the fishery operates, takes for observing the pot/trap fisheries will Northeast/Mid-Atlantic American have been documented in this fishery, be beneficial. Therefore, as funds allow, lobster trap/pot; Atlantic blue crab trap/ and NMFS intends to monitor this the GAR is planning to convene, within pot; Florida spiny lobster trap/pot; fishery. the next year, subject matter experts to Southeastern U.S. Atlantic, Gulf of Weir/Seine/Floating Trap Fisheries discuss new technologies that may Mexico stone crab trap/pot; U.S. Mid- apply to observing and mitigating sea Atlantic eel trap/pot fisheries; and the Pound net, weir, seine and floating turtle interactions in trap/pot fisheries, Southeastern U.S. Atlantic, Gulf of trap fisheries may use mesh similar to including the potential to observe Mexico golden crab fishery (68 FR 1421, that used in gillnets, but the gear is through an alternative platform (i.e. a January 10, 2003). The fishery is prosecuted differently from traditional second vessel) program. New methods managed under various Interstate and gillnets. For example, pound net leaders to more effectively monitor these Federal FMPs. have a mesh component similar to a fisheries may be developed and This fishery is classified as Category gillnet; sea turtles have been implemented as an outcome of this II on the MMPA LOF and was included documented entangled in pound net meeting. in the 2010 AD. However, since listing leaders. Pound net leaders in the Based on the input from the states, this fishery on the 2010 AD, NMFS has Virginia portion of the Chesapeake Bay NMFS proposes to again include relist been unable to observe the fishery, as are subject to requirements designed to all three pot/trap fisheries in the 2015 discussed above. Accordingly, NMFS reduce sea turtle bycatch. Purse seines, AD. proposes to again include this fishery weirs and floating traps also have the pursuant to the criteria identified at 50 potential to entangle and drown sea Atlantic Blue Crab Trap/Pot Fishery CFR 222.402(a)(1) for listing a fishery on turtles as they are set similarly to pound The Atlantic blue crab trap/pot the AD because sea turtles are known to nets. Turtles have been documented in fishery (estimated 8,557 vessels/ occur in the same areas where the the pounds of pound net gear and/or persons) targets blue crab using pots fishery operates, takes have been weirs in Massachusetts, New York, baited with fish or poultry typically set documented in similar gear types (i.e. Maryland, North Carolina, and Virginia. in rows in shallow water. The pot lobster pot fishery), and NMFS intends The turtles observed in these pounds position is marked by either a floating to monitor this fishery. have generally been alive and or sinking buoy line attached to a uninjured. In Virginia, sea turtles have surface buoy. The fishery occurs year- Northeast/Mid-Atlantic American been documented becoming entangled round from the south shore of Long Lobster Trap/Pot Fishery with the leader, which often results in Island at 72°30′ W. long. in the Atlantic The Northeast/Mid-Atlantic American mortality. and east of the fishery management lobster trap/pot fishery (estimated Four pound net/weir/seine fisheries demarcation line between the Atlantic 11,693 vessels/persons) targets were included on the 2010 AD: The Ocean and the Gulf of Mexico (50 CFR American lobster primarily with traps, Mid-Atlantic haul/beach seine, the Mid- 600.105), including state waters. The while 2–3 percent of the target species Atlantic menhaden purse seine, the fishery is managed under state FMPs. is taken by mobile gear (trawls and Mid-Atlantic mixed species stop seine/ This fishery is classified as Category dredges). The fishery operates in weir/pound net, and the Virginia pound II on the MMPA LOF and was included inshore and offshore waters from Maine net fishery. Based on the information in the 2010 AD. However, since NMFS to New Jersey and may extend as far provided by states and the best available included this fishery in the 2010 AD, south as Cape Hatteras, North Carolina. scientific information, NMFS proposes NMFS has been unable to observe the Approximately 80 percent of American to include again two of these fisheries: fishery, as discussed above. lobster is harvested from state waters; The Mid-Atlantic Haul/Beach Seine Accordingly, NMFS proposes to again therefore, the ASMFC has the primary Fishery, Mid-Atlantic Menhaden Purse include this fishery pursuant to the regulatory role. The fishery is managed Seine Fishery, and add the Rhode Island criteria identified at 50 CFR in state waters under the ASMFC Floating Trap Fishery on the 2015 AD. 222.402(a)(1) for listing a fishery on the Interstate FMP and in Federal waters Mid-Atlantic Haul/Beach Seine Fishery AD because sea turtles are known to under the Atlantic Coastal Fisheries occur in the same areas where the Cooperative Management Act. The Mid-Atlantic haul/beach seine fishery operates, takes have been This fishery is classified as Category fishery (estimated 565 vessels/persons) documented in similar gear types (i.e. I on the MMPA LOF and was included targets striped bass, mullet, spot, lobster pot fishery), and NMFS intends in the 2010 AD. Since that time, NMFS weakfish, sea trout, bluefish, kingfish, to monitor this fishery. observed 22 lobster trips in 2013 and 32 and harvest fish using seines with one trips in 2014, with 216 observation days end secured (e.g., swipe nets and long Atlantic Mixed Species Trap/Pot Fishery planned for the 2014–2015 schedule. seines) and seines secured at both ends The Atlantic mixed species trap/pot NMFS STDN has documented 83 or those anchored to the beach and fishery (estimated 3,467 vessels/ leatherback entanglements in lobster hauled up on the beach. The beach persons) targets species including trap gear operating in Maine, seine system also uses a bunt and a hagfish, shrimp, conch/whelk, red crab, Massachusetts, Rhode Island, wash net that are attached to the beach Jonah crab, rock crab, black sea bass, Connecticut, New York, and New Jersey and extend into the surf. The beach scup, tautog, cod, haddock, pollock, since 2002. These entanglements have seines soak for less than 2 hours. The redfish (ocean perch), white hake, spot, occurred between May and October fishery occurs in waters west of 72°30′ skate, catfish, and stone crab. The (STDN, unpublished data), which is the W. long. and north of a line extending
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63076 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
due east from the North Carolina-South In the Chesapeake Bay, the fishery Rhode Island Floating Trap Fishery Carolina border. Fishing on the Outer operates at the same time as historically Banks, North Carolina occurs primarily elevated sea turtle strandings, and The Rhode Island Floating Trap in the spring (April to June) and fall NMFS intends to monitor this fishery. Fishery (estimated 9 vessels/persons) is (October to December). In the a small fishery that sets traps similar to Mid-Atlantic Menhaden Purse Seine Chesapeake Bay, this gear has been a weir/pound net seasonally (May– Fishery historically fished in the southwest October) targeting scup, striped sea bass, portion of the Bay with some effort in The Mid-Atlantic menhaden purse and squid. seine fishery (estimated 5 vessels/ the northwest portion. Effort begins to This fishery is classified as Category increase in early May, peaks in early/ persons) targets menhaden and thread herring using purse seine gear. Most sets III on the MMPA LOF, and NMFS has mid-June, and continues into July. not previously required vessels During this time, based on historical occur within 3 mi (4.8 km) of shore with operating in this fishery to carry an data from Virginia, approximately 100 the majority of the effort occurring off observer under MMPA authority. This haul seine trips occur. Beach haul North Carolina from November to seines have been documented to interact January, and moving northward during fishery was not included in the 2010 with sea turtles. warmer months to southern New AD. Turtles have been documented in The fishery is managed under the England. The fishery is managed under the pounds of pound net gear and/or Interstate FMPs for Bluefish and for the Interstate FMP for Atlantic weirs in Massachusetts, New York, Atlantic Striped Bass of the Atlantic Menhaden. In the Chesapeake Bay, this Maryland, and Virginia, which operates Coast from Maine through North fishery operates to a limited extent similarly to the Rhode Island Floating Carolina, and is subject to BDTRP during a period of high sea turtle Trap Fishery. There have also been implementing regulations. strandings (May and June). This fishery anecdotal reports of sea turtle This fishery is classified as Category is classified as Category II on the MMPA interactions in this fishery, but bycatch II on the MMPA LOF and was included LOF and was listed on the 2010 AD. levels are unknown. NMFS proposes to in the 2010 AD. NMFS observed this NMFS has observed this fishery at low include this fishery pursuant to the fishery at low levels prior to 2008, but levels, with 9 trips observed in 2010, criteria identified at 50 CFR it has not been observed since then. and 3 trips observed in 2012. NMFS 222.402(a)(1) for listing a fishery on the NMFS proposes to again include this proposes to again include this fishery AD because sea turtles are known to fishery pursuant to the criteria pursuant to the criteria identified at 50 occur in the same areas where the CFR 222.402(a)(1) for listing a fishery on identified at 50 CFR 222.402(a)(1) for fishery operates, takes have been listing a fishery on the AD based on the AD, given the nature of the gear and documented in similar gear types, such suspected interactions with sea turtles fishing methodology in addition to as the Virginia and Maryland pound given the nature of the gear and fishing effort overlapping with sea turtle methodology in addition to effort distribution, and NMFS intends to nets, and NMFS intends to monitor this overlapping with sea turtle distribution. monitor this fishery. fishery.
TABLE 1—STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON THE 2015 ANNUAL DETERMINATION
Years eligible Fishery to carry observers
Trawl Fisheries
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ...... 2015–2019 Gulf of Mexico mixed species fish trawl ...... 2015–2019
Gillnet Fisheries
California halibut, white seabass and other species set gillnet (>3.5 in mesh) ...... 2015–2019 California yellowtail, barracuda, and white seabass drift gillnet (mesh size >3.5 in. and <14 in.) ...... 2015–2019 Chesapeake Bay inshore gillnet ...... 2015–2019 Long Island inshore gillnet ...... 2015–2019 North Carolina inshore gillnet ...... 2015–2019 Gulf of Mexico gillnet ...... 2015–2019
Trap/Pot Fisheries
Atlantic blue crab trap/pot ...... 2015–2019 Atlantic mixed species trap/pot ...... 2015–2019 Northeast/Mid-Atlantic American lobster trap/pot ...... 2015–2019
Pound Net/Weir/Seine Fisheries
Mid-Atlantic haul/beach seine ...... 2015–2019 Mid-Atlantic menhaden purse seine ...... 2015–2019 Rhode Island floating trap ...... 2015–2019
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63077
Classification individual fishers are expected to be change the analysis or conclusion of the The Chief Counsel for Regulation of minimal because observer coverage EA. If NMFS takes a management action the Department of Commerce certified would only be required for a small for a specific fishery, for example, to the Chief Counsel for Advocacy of the percentage of an individual’s total requiring fishing gear modifications, Small Business Administration that this annual fishing time. In addition, 50 CFR NMFS would first prepare any rule would not have a significant 222.404(b) states that an observer will environmental document required economic impact on a substantial not be placed on a vessel if the facilities under NEPA and specific to that action. number of small entities. The factual for quartering an observer or performing This proposed rule would not affect basis leading to the certification is set observer functions are inadequate or species listed as threatened or forth below. unsafe, thereby exempting vessels too endangered under the ESA or their NMFS has estimated that small to accommodate an observer from associated critical habitat. The impacts approximately 32,540 vessels this requirement. As a result of this of numerous fisheries have been participating in the 14 fisheries listed in certification, an initial regulatory analyzed in various biological opinions, Table 1 would be eligible to carry an flexibility analysis is not required and and this proposed rule would not affect observer if requested. However, NMFS was not prepared. the conclusions of those opinions. The would only request a fraction of the The information collection for the AD inclusion of fisheries on the AD is not total number of participants to carry an is approved under Office of considered to be a management action observer based on the sampling protocol Management and Budget (OMB) under that would adversely affect threatened identified for each fishery by regional OMB control number 0648–0593. or endangered species. If NMFS takes a observer programs. As noted throughout Notwithstanding any other provision management action, for example, this proposed rule, NMFS would select of the law, no person is required to requiring modifications to fishing gear vessels and focus coverage in times and respond to, nor shall any person be and/or practices, NMFS would review areas where fishing effort overlaps with subject to a penalty for failure to comply the action for potential adverse effects to sea turtle distribution. Due to the with, a collection of information subject listed species under the ESA. unpredictability of fishing effort, NMFS to the requirements of the Paperwork This proposed rule would have no cannot determine the specific number of Reduction Act, unless that collection of adverse impacts on sea turtles and may vessels that would be requested to carry information displays a currently valid have a positive impact on sea turtles by an observer. OMB Control Number. improving knowledge of sea turtles and If a vessel is requested to carry an This proposed rule has been the fisheries interacting with sea turtles observer, fishers will not incur any determined to be not significant for the through information collected from direct economic costs associated with purposes of Executive Order 12866. observer programs. carrying that observer. Potential indirect An environmental assessment (EA) This proposed rule would not affect costs to individual fishers required to was prepared under the National the land or water uses or natural take observers may include: Lost space Environmental Policy Act (NEPA) on resources of the coastal zone, as on deck for catch, lost bunk space, and the issuance of the regulations to specified under section 307 of the lost fishing time due to time needed to implement this observer requirement in Coastal Zone Management Act. process bycatch data. For effective 50 CFR part 222, subpart D. The EA monitoring, however, observers will concluded that implementing these Dated: October 16, 2014. rotate among a limited number of regulations would not have a significant Samuel D. Rauch, III, vessels in a fishery at any given time, impact on the human environment. This Deputy Assistant Administrator for and each vessel within an observed proposed rule would not make any Regulatory Programs, National Marine fishery has an equal probability of being significant change in the management of Fisheries Service. requested to accommodate an observer. fisheries included on the AD, and [FR Doc. 2014–25154 Filed 10–21–14; 8:45 am] Therefore, the potential indirect costs to therefore, this proposed rule would not BILLING CODE 3510–22–P
VerDate Sep<11>2014 17:12 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00017 Fmt 4702 Sfmt 9990 E:\FR\FM\22OCP1.SGM 22OCP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 63078
Notices Federal Register Vol. 79, No. 204
Wednesday, October 22, 2014
This section of the FEDERAL REGISTER Written comments and This information collection request contains documents other than rules or recommendations for the proposed may be viewed at reginfo.gov. Follow proposed rules that are applicable to the information collection should be sent the instructions to view Department of public. Notices of hearings and investigations, within 30 days of publication of this Commerce collections currently under committee meetings, agency decisions and notice to OIRA_Submission@ review by OMB. rulings, delegations of authority, filing of Written comments and petitions and applications and agency omb.eop.gov or fax to (202) 395–5806. statements of organization and functions are Dated: October 17, 2014. recommendations for the proposed information collection should be sent examples of documents appearing in this Glenna Mickelson, section. within 30 days of publication of this Management Analyst, Office of the Chief notice to OIRA_Submission@ Information Officer. omb.eop.gov or fax to (202) 395–5806. [FR Doc. 2014–25115 Filed 10–21–14; 8:45 am] DEPARTMENT OF COMMERCE Dated: October 17, 2014. BILLING CODE 3520–22–P Submission for OMB Review; Glenna Mickelson, Comment Request Management Analyst, Office of the Chief DEPARTMENT OF COMMERCE Information Officer. The Department of Commerce will [FR Doc. 2014–25113 Filed 10–21–14; 8:45 am] submit to the Office of Management and Submission for OMB Review; BILLING CODE 3510–22–P Budget (OMB) for clearance the Comment Request following proposal for collection of The Department of Commerce will information under the provisions of the DEPARTMENT OF COMMERCE Paperwork Reduction Act (44 U.S.C. submit to the Office of Management and Chapter 35). Budget (OMB) for clearance the Submission for OMB Review; Agency: National Oceanic and following proposal for collection of Comment Request Atmospheric Administration (NOAA). information under the provisions of the Title: Billfish Tagging Report. Paperwork Reduction Act (44 U.S.C. The Department of Commerce will OMB Control Number: 0648–0009. Chapter 35). submit to the Office of Management and Form Number(s): NOAA88–162. Agency: National Oceanic and Budget (OMB) for clearance the Type of Request: Regular (extension of Atmospheric Administration (NOAA). following proposal for collection of a currently approved information Title: West Coast Region Highly information under the provisions of the collection). Migratory Species Vessel Identification Paperwork Reduction Act (44 U.S.C. Number of Respondents: 1,000. Requirements. Chapter 35). Average Hours per Response: 5 OMB Control Number: 0648–0361. Agency: National Oceanic and minutes. Form Number(s): None. Atmospheric Administration (NOAA). Burden Hours: 83. Type of Request: Regular (extension of Title: Virginia Modified Pound Net Needs and Uses: This request is for a currently approved information Leader Inspection Program. extension of a currently approved OMB Control Number: 0648–0559. collection). information collection. Form Number(s): None. The National Oceanic and Number of Respondents: 1,700. Type of Request: Regular (extension of Atmospheric Administration’s Average Hours per Response: 45 a currently approved information Southwest Fisheries Science Center minutes per vessel except for purse collection). operates a billfish tagging program. seine vessels, which includes skiff and Number of Respondents: 19. Tagging supplies are provided to helicopter marking, requiring an Average Hours per Response: Calls to volunteer anglers. When anglers catch additional 30 minutes. arrange meeting with inspector, and and release a tagged fish they submit a Burden Hours: 639. calls to request replacement tags, 5 brief report on the fish and the location Needs and Uses: This request is for minutes each. Meeting with inspector, 1 of the tagging. The information obtained extension of a currently approved hour. is used in conjunction with tag returns information collection. Burden Hours: 70. to determine billfish migration patterns, Regulations at 50 CFR 660.704 require Needs and Uses: This request is for mortality rates, and similar information that all vessels with permits issued extension of a currently approved useful in the management of the billfish under authority of the National Marine information collection, an inspection fisheries. This program is authorized Fishery Service’s (NMFS) Fishery program for modified pound net leaders under 16 U.S.C. 760(e), Study of Management Plan for United States in the Virginia waters of the mainstem migratory game fish; waters; research; (U.S.) West Coast Highly Migratory Chesapeake Bay. Pound net fishermen purpose. Species Fisheries display the vessel’s must call the National Marine Fisheries Affected Public: Individuals or official number. The numbers must be Service (NMFS) to arrange for a meeting. households. of a specific size and format and located At the meeting, they must allow for the Frequency: On occasion. at specified locations. The display of the inspection of gear to ensure the Respondent’s Obligation: Voluntary. identifying number aids in fishery law modified leader meets the definition of This information collection request enforcement. a modified pound net leader, as may be viewed at reginfo.gov. Follow Affected Public: Business and other described in the regulations (§ 222.102). the instructions to view Department of for-profit organizations. This inspection program is necessary to Commerce collections currently under Frequency: Biannually. provide fishermen with the insurance review by OMB. Respondent’s Obligation: Mandatory. that their leaders meet the regulatory
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63079
definition of a modified pound net Thursday, November 6 DEPARTMENT OF COMMERCE leader before setting their gear, provide managers with the knowledge that the Closed Session International Trade Administration offshore leaders in a portion of the 6. Discussion of matters determined to [A–570–983] Virginia Chesapeake Bay are configured be exempt from the provisions relating in a sea turtle-safe manner, and aid in to public meetings found in 5 U.S.C. Drawn Stainless Steel Sinks From the enforcement efforts. This collection of app. 2 sections 10(a)(1) and 10(a)(3). information will end when Final Rule People’s Republic of China: Notice of 0648–BB37 becomes effective and will The open session will be accessible Court Decision Not in Harmony With be replaced by a training (consult the via teleconference to 20 participants on Final Determination of Antidumping April 17, 2014 proposed rule (79 FR a first come, first serve basis. To join the Duty Investigation 21695) for details on the inspection conference, submit inquiries to Ms. AGENCY: Enforcement and Compliance, program cessation). Yvette Springer at International Trade Administration, Affected Public: Individuals or [email protected], no later Department of Commerce. than October 29, 2014. households. SUMMARY: On June 27, 2014, the United Frequency: On occasion. A limited number of seats will be States Court of International Trade available for the public session. Respondent’s Obligation: Mandatory. (‘‘CIT’’ or ‘‘Court’’) issued its final Reservations are not accepted. To the judgment affirming the Department of This information collection request extent time permits, members of the Commerce’s (‘‘the Department’’) final may be viewed at reginfo.gov. Follow public may present oral statements to results of redetermination pursuant to the instructions to view Department of the Committee. The public may submit remand of the final determination of the Commerce collections currently under written statements at any time before or antidumping duty investigation review by OMB. after the meeting. However, to facilitate concerning drawn stainless steel sinks Written comments and distribution of public presentation from the People’s Republic of China recommendations for the proposed materials to Committee members, the (‘‘PRC’’).1 Consistent with the decision information collection should be sent Committee suggests that public of the Court of Appeals for the Federal within 30 days of publication of this Circuit (‘‘CAFC’’) in Timken Co. v. _ presentation materials or comments be notice to OIRA Submission@ forwarded before the meeting to Ms. United States, 893 F.2d 337 (Fed. Cir. omb.eop.gov or fax to (202) 395–5806. Springer. 1990) (‘‘Timken’’), as clarified by Dated: October 17, 2014. Diamond Sawblades Mfrs. Coalition v. The Assistant Secretary for Glenna Mickelson, United States, 626 F.3d 1374 (Fed. Cir. Administration, with the concurrence of 2010) (‘‘Diamond Sawblades’’), the Management Analyst, Office of the Chief the delegate of the General Counsel, Information Officer. Department is notifying the public that formally determined on December 5, the final judgment in this case is not in [FR Doc. 2014–25107 Filed 10–21–14; 8:45 am] 2013, pursuant to Section 10(d) of the harmony with the Department’s final BILLING CODE 3510–22–P Federal Advisory Committee Act, as determination 2 and is amending the amended (5 U.S.C. app. 2 section final determination of the investigation DEPARTMENT OF COMMERCE (10)(d))), that the portion of the meeting with respect to the margin assigned to concerning trade secrets and Shenzen Kehuaxing Industrial Ltd. Bureau of Industry and Security commercial or financial information (‘‘Kehuaxing’’), an exporter and deemed privileged or confidential as producer of subject merchandise. Information Systems Technical described in 5 U.S.C. 552b(c)(4) and the DATES: Effective Date: July 7, 2014. Advisory Committee; Notice of portion of the meeting concerning FOR FURTHER INFORMATION CONTACT: Partially Closed Meeting matters the disclosure of which would Mandy Mallott, Office III, Enforcement be likely to frustrate significantly and Compliance, International Trade The Information Systems Technical implementation of an agency action as Administration, U.S. Department of Advisory Committee (ISTAC) will meet described in 5 U.S.C. 552b(c)(9)(B) shall Commerce, 14th Street and Constitution on November 5 and 6, 2014, 9:00 a.m., Avenue NW., Washington, DC 20230; in the Herbert C. Hoover Building, be exempt from the provisions relating telephone: (202) 482–6430. Room 3884, 14th Street between to public meetings found in 5 U.S.C. Constitution and Pennsylvania Avenues app. 2 sections 10(a)(1) and 10(a)(3). SUPPLEMENTARY INFORMATION: NW., Washington, DC. The Committee The remaining portions of the meeting Subsequent to the publication of the advises the Office of the Assistant will be open to the public. Final Determination, Kehuaxing and its Secretary for Export Administration on For more information, call Yvette importer, Artisan Manufacturing technical questions that affect the level Springer at (202) 482–2813. Corporation (‘‘Artisan’’), filed a of export controls applicable to complaint with the CIT to challenge the Dated: October 20, 2014. information systems equipment and rate assigned to Kehuaxing in the Final technology. Yvette Springer, Determination. Committee Liaison Officer. Wednesday, November 5 [FR Doc. 2014–25245 Filed 10–21–14; 8:45 am] 1 See Artisan Mfg. Corp. v. United States, Ct. No. Open Session 13–00169 (CIT, June 27, 2014) (Court Order BILLING CODE 3510–JT–P affirming remand redetermination). 2 See Drawn Stainless Steel Sinks From the 1. Welcome and Introductions People’s Republic of China: Investigation, Final 2. Working Group Reports Determination, 78 FR 13019 (February 26, 2013), amended by Drawn Stainless Steel Sinks from the 3. Old Business People’s Republic of China: Amended Final 4. Industry Presentations Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 21592 (April 11, 5. New business 2013) (collectively, ‘‘Final Determination’’).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63080 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
On May 5, 2014, the Court issued a jure and de facto government control constitutes a final decision of that court remand order to the Department over its export activities and is thus that is not in harmony with the regarding the assignment of the 76.53 eligible for a separate rate.4 Department’s Final Determination. This percent PRC-wide rate to Kehuaxing, Timken Notice notice is published in fulfillment of the which resulted from the Department’s publication requirements of Timken. rejection of Kehuaxing’s untimely filed In its decision in Timken, 893 F.2d at quantity and value questionnaire 341, as clarified by Diamond Sawblades, Amended Final Determination response, and the Department’s the CAFC held that, pursuant to section Because there is now a final court subsequent rejection of Kehuaxing’s 516A(e) of the Tariff Act of 1930, as separate rate application.3 Pursuant to amended (‘‘the Act’’), the Department decision with respect to this case, the the Court’s directive in the Remand must publish a notice of a court Department is amending the Final Order, we requested and Kehuaxing decision that is not ‘‘in harmony’’ with Determination with respect to timely provided these submissions for a Department determination and must Kehuaxing’s weighted-average dumping the record. We conducted a separate rate suspend liquidation of entries pending margin, effective July 7, 2014. The analysis and found that Kehuaxing a ‘‘conclusive’’ court decision. The CIT’s revised weighted-average dumping demonstrated the absence of both de June 27, 2014 judgment in this case margin is as follows:
Exporter Producer Percent margin
Shenzen Kehuaxing Industrial Ltd ...... Shenzen Kehuaxing Industrial Ltd ...... 33.51%
Because no party appealed the CIT’s FOR FURTHER INFORMATION CONTACT: U.S. Court of International Trade (CIT) decision before the period of appeal David Goldberger, AD/CVD Operations, held, on September 23, 2014, that the expired on August 26, 2014, the CIT’s Enforcement and Compliance, 2014 Sunset Review was unlawful and decision is now final and conclusive. International Trade Administration, premature, agreeing with the plaintiff Accordingly, the Department will U.S. Department of Commerce, 14th that the five-year period should have instruct CBP to collect cash deposits for Street and Constitution Avenue NW., been counted from November 2009. entries of subject merchandise exported Washington, DC 20230; Telephone: Thus, the CIT ordered the Department to and produced by Kehuaxing equal to the (202) 482–4136. rescind the 2014 Sunset Review and to weighted-average dumping margin re-initiate the sunset review of the Background listed above, effective July 7, 2014, antidumping duty order on diamond adjusted, where appropriate, for export Every five years, pursuant to section sawblades and parts thereof from the subsidies and domestic subsidy pass- 751(c) of the Tariff Act of 1930, as People’s Republic of China on through offsets. amended (the Act), the Department of November 4, 2014.4 This notice is issued and published in Commerce (the Department) and the Consistent with the decision of the accordance with sections 516A(e), International Trade Commission CAFC in Timken Co. v. United States, 751(a)(1), and 777(i)(1) of the Act. automatically initiate and conduct a 893 F.2d 337 (Fed. Cir. 1990) (Timken), review to determine whether revocation as clarified by Diamond Sawblades, the Dated: October 14, 2014. of a countervailing or antidumping duty Department is notifying the public that Paul Piquado, order or termination of an investigation the final judgment in this case is not in Assistant Secretary for Enforcement and suspended under section 704 or 734 of harmony with the Department’s 2014 Compliance. the Act would be likely to lead to Sunset Review. The Department is [FR Doc. 2014–25209 Filed 10–21–14; 8:45 am] continuation or recurrence of dumping therefore rescinding the 2014 Sunset BILLING CODE P or a countervailable subsidy (as the case Review. may be) and of material injury. In December 2013, the Department Timken Notice DEPARTMENT OF COMMERCE initiated a sunset review of the In its decision in Timken, 893 F.2d at antidumping duty order on diamond 341, as clarified by Diamond Sawblades, International Trade Administration sawblades and parts thereof from the the CAFC has held that, pursuant to Diamond Sawblades and Parts Thereof People’s Republic of China five years section 516A(c)(1) of the Tariff Act of From the People’s Republic of China: from the imposition of the order in 1930, as amended, the Department must Notice of Court Decision Not in January 2009.1 On July 11, 2014, The publish a notice of a court decision that Harmony With Final Results of Sunset Department published the 2014 Sunset is not ‘‘in harmony’’ with a Department Review, Notice of Rescission of Sunset Review.2 Notwithstanding the holding of determination and must suspend Review, and Advance Notification of the United States Court of Appeals for liquidation of entries pending a New Sunset Review the Federal Circuit (CAFC) that ‘‘the ‘‘conclusive’’ court decision. The CIT’s statutory scheme impose{d} a September 23, 2014, judgment AGENCY: Enforcement and Compliance, mandatory duty on Commerce to issue constitutes a final decision of that court International Trade Administration, antidumping duty orders covering the that is not in harmony with the Department of Commerce. subject entries’’ as of January 2009,3 the Department’s 2014 Sunset Review. This
3 See Artisan Mfg. Corp. v. United States, 978 F. 1 See Initiation of Five-year (‘‘Sunset’’) Review, 78 3 See Diamond Sawblades Mfrs. Coalition v. Supp. 2d 1334 (Ct. Int’l Trade 2014) (‘‘Remand FR 72061 (December 2, 2013) (Initiation Notice). United States, 626 F.3d 1374, 1382–1383 (Fed. Cir. Order’’). 2 See Diamond Sawblades and Parts Thereof from 2010) (Diamond Sawblades). 4 4 See Final Results Of Redetermination Pursuant the People’s Republic of China: Final Results of the See Diamond Sawblades Manufacturers’ To Court Remand, Artisan Manufacturing Corp. v. Expedited Sunset Review of the Antidumping Duty Coalition v. United States, Court No. 13–00391, slip United States, Court No. 13–00169; Slip Op. 14–52 op. 2014–111, 2014 Ct. Intl. Trade LEXIS 112 (Ct. Order, 79 FR 40062 (July 11, 2014) (2014 Sunset (CIT 2014), dated June 4, 2014, available at Int’l Trade Sep. 23, 2014) (Diamond Sawblades http://enforcement.trade.gov/remands/index.html. Review). Manufacturers’ Coalition).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63081
notice is published in fulfillment of the DEPARTMENT OF COMMERCE Scope of the Order publication requirements of Timken. The effective date of this Timken notice International Trade Administration The merchandise subject to the order is October 3, 2014. is SSB. The SSB subject to the order is [A–469–805] currently classifiable under subheadings Rescission of the 2014 Sunset Review Stainless Steel Bar From Spain: Final 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Pursuant to the CIT order in Diamond Results of Antidumping Duty Harmonized Tariff Schedule of the Sawblades Manufacturers’ Coalition, we Administrative Review; 2012–2013 United States (HTSUS). The HTSUS are hereby rescinding the 2014 Sunset AGENCY: Enforcement and Compliance, subheadings are provided for Review, effective September 23, 2014. International Trade Administration, convenience and customs purposes.4 Upcoming Sunset Review for November Department of Commerce. The written description is dispositive. 2014 Pursuant to the CIT Order SUMMARY: The Department of Commerce (the Department) is conducting an Analysis of Comments Received Pursuant to the CIT order in Diamond administrative review of the All issues raised in the case briefs by Sawblades Manufacturers’ Coalition, antidumping duty order on stainless parties to this administrative review are the first sunset review of the steel bar (SSB) from Spain. The period addressed in the Issues and Decision antidumping duty order on diamond of review (POR) is March 1, 2012, Memorandum. A list of the issues raised sawblades and parts thereof from the through February 28, 2013. The review is attached to this notice as an People’s Republic of China is now covers one producer/exporter of the appendix. The Issues and Decision scheduled for initiation on November 4, subject merchandise, Gerdau Aceros Memorandum is a public document and 2014 and will appear in a notice of Especiales Europa, S.L. (Gerdau).1 We is on file electronically via Enforcement Initiation of Five-Year (‘‘Sunset’’) determine that subject merchandise has and Compliance’s Antidumping and Review (Notice of Initiation). not been sold at less than normal value during the POR. Countervailing Duty Centralized The Department’s procedures for the Electronic Service System (IA ACCESS). DATES: Effective Date: October 22, 2014. conduct of a sunset review are set forth Access to IA ACCESS is available to in 19 CFR 351.218. The Notice of FOR FURTHER INFORMATION CONTACT: registered users at http:// Initiation provides further information Minoo Hatten, AD/CVD Operations, iaaccess.trade.gov and is available to all regarding what is required of all parties Office I, Enforcement and Compliance, parties in the Central Records Unit, to participate in the sunset review. International Trade Administration, Room 7046 of the main Department of U.S. Department of Commerce, 14th Pursuant to 19 CFR 351.103(c), the Commerce building. In addition, a Street and Constitution Avenue NW., Department will maintain and make complete version of the Issues and Washington, DC 20230; telephone: (202) available a service list for this sunset Decision Memorandum can be found at 482–1690. review. To facilitate the timely http://enforcement.trade.gov/frn/ preparation of the service list, it is SUPPLEMENTARY INFORMATION: index.html. requested that those seeking recognition Background Changes Since the Preliminary Results as interested parties to this sunset On April 23, 2014, the Department review contact the Department in published the Preliminary Results and Based on our analysis of the writing within 10 days of the invited interested parties to comment.2 comments received, we did not make publication of the Notice of Initiation. Carpenter Technology Corporation, any revisions to the margin calculations If the Department receives a Notice of Crucible Industries LLC, Universal for Gerdau. Intent to Participate from a member of Stainless & Alloy Products Inc., and Final Results of Review the domestic industry within 15 days of Valbruna Slater Stainless, Inc. the date of initiation, the sunset review (collectively, the petitioners) filed a case As a result of this review, we will continue. Thereafter, any interested brief on May 30, 2014. Gerdau filed a determine that a weighted-average party wishing to participate in the rebuttal brief on June 4, 2014. dumping margin of 0.00 percent exists sunset review must provide substantive The deadline for the final results of for Gerdau for the period March 1, 2012, comments in response to the notice of this review was August 21, 2014. On through February 28, 2013. initiation no later than 30 days after the July 16, 2014, we extended the deadline date of initiation. for the final results to October 20, 2014.3 Disclosure We are publishing this notice We intend to disclose the calculations 1 We determine that Gerdau is the successor-in- pursuant to the CIT order in Diamond interest to Sidenor Industrial S.L. For further performed to parties in this proceeding Sawblades Manufacturers’ Coalition for discussion, see the memorandum from Christian within five days of the date of the rescission of the 2014 Sunset Review Marsh, Deputy Assistant Secretary for Antidumping publication of this notice in accordance and as a service to the international and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and with 19 CFR 351.224(b). trading community for the advance Compliance, ‘‘Issues and Decision Memorandum for notification of the re-initiation of the Final Results of Antidumping Duty Administrative Deadline for Final Results of Antidumping Duty sunset review. The advanced Review: Stainless Steel Bar from Spain; 2012–2013’’ Administrative Review; 2012–2013’’ dated July 16, notification of a sunset review is not dated concurrently with and hereby adopted by this 2014. In this memorandum, we inadvertently required by statute. notice (Issues and Decision Memorandum). calculated an extended deadline of October 14, 2 See Stainless Steel Bar From Spain: Preliminary 2014 (60 days from the date of signature) instead Dated: October 16, 2014. Results of Antidumping Duty Administrative of October 20, 2014 (60 days from the date of Review; 2012–2013, 79 FR 22622 (April 23, 2014) publication). See September 10, 2014, Paul Piquado, (Preliminary Results). memorandum to the file from Sandra Dreisonstok, Assistant Secretary for Enforcement and 3 See memorandum from Sandra Dreisonstok, International Trade Compliance Analyst, clarifying Compliance. International Trade Compliance Analyst, to this error. Christian Marsh, Deputy Assistant Secretary for 4 A full description of the scope of the order is [FR Doc. 2014–25206 Filed 10–21–14; 8:45 am] Antidumping and Countervailing Duty Operations, contained in the Preliminary Results, and BILLING CODE 3510–DS–P ‘‘Stainless Steel Bar from Spain: Extension of accompanying Preliminary Decision Memorandum.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63082 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Assessment Rates These cash deposit requirements, when DEPARTMENT OF COMMERCE imposed, shall remain in effect until The Department shall determine, and International Trade Administration U.S. Customs and Border Protection further notice. (CBP) shall assess, antidumping duties Notification to Importers [A–580–874, A–557–816, A–523–808, A–583– on all appropriate entries. Because 854, A–552–818] Gerdau’s weighted-average dumping This notice serves as a final reminder Certain Steel Nails From the Republic margin is zero, we will instruct CBP not to importers of their responsibility of Korea, Malaysia, the Sultanate of to assess duties on any of its entries in under 19 CFR 351.402(f)(2) to file a Oman, Taiwan, and the Socialist accordance with the Final Modification certificate regarding the reimbursement Republic of Vietnam: Postponement of for Reviews, i.e., ‘‘{w}here the weighted- of antidumping duties prior to Preliminary Determination of average margin of dumping for the liquidation of the relevant entries Antidumping Duty Investigations exporter is determined to be zero or de during this review period. Failure to minimis, no antidumping duties will be comply with this requirement could AGENCY: Enforcement and Compliance, 5 assessed.’’ result in the Secretary’s presumption International Trade Administration, For entries of subject merchandise that reimbursement of antidumping Department of Commerce. during the POR produced by Gerdau for duties occurred and the subsequent DATES: Effective Date: October 22, 2014. which it did not know its merchandise assessment of double antidumping FOR FURTHER INFORMATION CONTACT: was destined for the United States, we duties. Drew Jackson at 202–482–4406 (the will instruct CBP to liquidate Republic of Korea (Korea)), Ericka unreviewed entries at the all-others rate Notification to Interested Parties Ukrow at 202–482–0405 (Malaysia), if there is no rate for the intermediate Lilit Astvatsatrian at 202–482–6412 (the This notice also serves as a reminder company(ies) involved in the Sultanate of Oman (Oman)), Scott transaction.6 to parties subject to administrative Hoefke at 202–482–4947 (Taiwan), or We intend to issue instructions to protective order (APO) of their Edythe Artman at 202–482–3931 (the CBP 15 days after publication of these responsibility concerning the return or Socialist Republic of Vietnam final results of this review. destruction of proprietary information (Vietnam)), AD/CVD Operations, disclosed under APO in accordance Cash Deposit Requirements Enforcement and Compliance, with 19 CFR 351.305(a)(3), which International Trade Administration, The following deposit requirements continues to govern business U.S. Department of Commerce, 14th will be effective upon publication of the proprietary information in this segment Street and Constitution Avenue NW., notice of final results of administrative of the proceeding. Timely written Washington, DC 20230. review for all shipments of SSB from notification of the return/destruction of SUPPLEMENTARY INFORMATION: Spain entered, or withdrawn from APO materials or conversion to judicial Postponement of Preliminary warehouse, for consumption on or after protective order is hereby requested. Determinations the date of publication as provided by Failure to comply with the regulations section 751(a)(2) of the Tariff Act of and terms of an APO is a violation On June 25, 2014, the Department of 1930, as amended (the Act): (1) The cash which is subject to sanction. Commerce (the Department) published a deposit rate for Gerdau will be the rate notice of initiation of antidumping duty established in the final results of this We are issuing and publishing these investigations of certain steel nails from administrative review; (2) for results in accordance with sections India, Korea, Malaysia, Oman, Taiwan, merchandise exported by manufacturers 751(a)(1) and 777(i)(1) of the Act. The Republic of Turkey, and Vietnam.1 or exporters not covered in this review Dated: October 16, 2014. The notice of initiation stated that the but covered in a prior segment of the Paul Piquado, Department, in accordance with section proceeding, the cash deposit rate will 733(b)(1)(A) of the Tariff Act of 1930, as continue to be the company-specific rate Assistant Secretary for Enforcement and amended (the Act), and 19 CFR Compliance. published for the most recent period; (3) 351.205(b)(1), would issue its if the exporter is not a firm covered in Appendix—List of Topics Discussed in preliminary determinations for these this review, a prior review, or the the Issues and Decision Memorandum investigations, unless postponed, no original investigation but the later than 140 days after the date of manufacturer is, the cash deposit rate I. Summary initiation.2 Accordingly, the preliminary will be the rate established for the most II. List of Comments determinations of the antidumping duty recent period for the manufacturer of 1. Non-Bona Fides U.S. Sales investigations of certain steel nails from the merchandise; (4) the cash deposit 2. Post-Sale Invoicing of International Korea, Malaysia, Oman, Taiwan, and rate for all other manufacturers or Freight III. Background exporters will continue to be 25.77 1 See Certain Steel Nails From India, the Republic IV. Scope of the Order percent,7 the all-others rate established of Korea, Malaysia, the Sultanate of Oman, Taiwan, V. Discussion of the Issues in the less-than-fair-value investigation. the Republic of Turkey, and the Socialist Republic VI. Successor-in-Interest of Vietnam: Initiation of Less-Than-Fair-Value VII. Recommendation Investigations (Initiation Notice), 79 FR 36019 (June 5 See Antidumping Proceedings: Calculation of 25, 2014) (‘‘Initiation Notice’’). Note that the the Weighted-Average Dumping Margin and [FR Doc. 2014–25196 Filed 10–21–14; 8:45 am] investigations for India and The Republic of Turkey Assessment Rate in Certain Antidumping BILLING CODE 3510–DS–P were terminated as a result of the International Proceedings: Final Modification, 77 FR 8101, 80102 Trade Commission’s negative preliminary (February 14, 2012). determination for those countries. See Initiation 6 For a full discussion of this clarification, see Notice, 79 FR at 36024 and the July 21, 2014, letter Antidumping and Countervailing Duty Proceedings: from the United States International Trade Assessment of Antidumping Duties, 68 FR 23954 Commission. (May 6, 2003). 2 See Initiation Notice, 79 FR at 36024. Note that 7 See, e.g., Notice of Final Determination of Sales the signature date of the Initiation Notice, June 18, at Less Than Fair Value: Stainless Steel Bar From 2014, is the date of the initiation of these Spain, 59 FR 66931 (December 28, 1994). investigations.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63083
Vietnam are currently due no later than DEPARTMENT OF COMMERCE Promotion Programs, International November 5, 2014. Trade Administration, U.S. Department International Trade Administration On October 10, 2014, Mid Continent of Commerce, 1300 Pennsylvania Ave. Steel & Wire, Inc. (Petitioner), pursuant [Docket No. 140822703–4703–01] NW., Ronald Reagan Building, Suite to section 733(c)(1)(A) of the Act and 19 800M—Mezzanine Level—Atrium North, Washington, DC 20004; CFR 351.205(e), made timely requests Call for Applications for the Telephone (202) 482–2311; Facsimile: for postponement of the preliminary International Buyer Program Calendar 3 Year 2016 (202) 482–7800; Email: IBP2016@ determinations in these investigations. trade.gov. Petitioner requested a 42-day AGENCY: International Trade postponement of the preliminary Administration, Department of SUPPLEMENTARY INFORMATION: The IBP determinations in light of the Commerce. was established in the Omnibus Trade and Competitiveness Act of 1988 (Pub. extraordinarily complicated nature of ACTION: Notice and Call for these proceedings, and in order to L. 100–418, codified at 15 U.S.C. 4724) Applications. to bring international buyers together provide the Department with sufficient with U.S. firms by promoting leading time to review the questionnaire SUMMARY: In this notice, the U.S. U.S. trade shows in industries with high responses and issue appropriate Department of Commerce (DOC) International Trade Administration export potential. The IBP emphasizes requests for clarification and additional cooperation between the DOC and trade information. (ITA) announces that it will begin accepting applications for the show organizers to benefit U.S. firms For the reasons stated above and International Buyer Program (IBP) for exhibiting at selected events and because there are no compelling reasons calendar year 2016 (January 1, 2016 provides practical, hands-on assistance to deny the requests, the Department, in through December 31, 2016). The such as export counseling and market accordance with section 733(c)(1)(A) of announcement also sets out the analysis to U.S. companies interested in the Act, is postponing the deadline for objectives, procedures and application exporting. Shows selected for the IBP the preliminary determinations to no review criteria for the IBP. The purpose will provide a venue for U.S. companies later than 182 days after the date on of the IBP is to bring international interested in expanding their sales into which the Department initiated these buyers together with U.S. firms in international markets. investigations. Therefore, the new industries with high export potential at Through the IBP, ITA selects U.S. deadline for issuing these preliminary leading U.S. trade shows. Specifically, trade shows with participation by U.S. determinations is December 17, 2014. In through the IBP, the ITA selects firms interested in exporting that ITA accordance with section 735(a)(1) of the domestic trade shows which will determines to be leading international trade shows, for promotion in overseas Act, the deadline for the final receive ITA assistance in the form of markets by U.S. Embassies and determinations of these investigations global promotion in foreign markets, Consulates. The DOC is authorized to will continue to be 75 days after the provision of export counseling to exhibitors, and provision of provide successful applicants with date of the preliminary determinations, assistance in the form of overseas unless postponed at a later date. matchmaking services at the trade show. This notice covers selection for IBP promotion of the show; outreach to This notice is issued and published participation during calendar year 2016. show participants about exporting; pursuant to section 733(c)(2) of the Act recruitment of potential buyers to attend DATES: Applications for the IBP must be and 19 CFR 351.205(f)(1). the events; and staff assistance in setting received by December 22, 2014. Dated: October 16, 2014. up international trade centers at the ADDRESSES: Applications may be events. Worldwide promotion is Paul Piquado, submitted by any of the following executed through ITA officers at U.S. Assistant Secretary for Enforcement and methods: (1) Mail/Hand Delivery Embassies and Consulates in more than Compliance. Service: International Buyer Program, 70 countries representing the United [FR Doc. 2014–25192 Filed 10–21–14; 8:45 am] Trade Promotion Programs, States’ major trading partners, and also BILLING CODE 3510–DS–P International Trade Administration, in Embassies in countries where ITA U.S. Department of Commerce, Ronald does not maintain offices. Reagan Building, 1300 Pennsylvania The International Trade Ave. NW., Suite 800M—Mezzanine Administration (ITA) is accepting Level—Atrium North, Washington, DC 3 See Letter from Petitioner to the Secretary of applications from trade show organizers Commerce, ‘‘Certain Steel Nails From the Republic 20004; (2) Facsimile: (202) 482–7800; or for the IBP for trade events taking place of Korea: Petitioner’s Request for Postponement of (3) email: [email protected]. Facsimile between January 1, 2016 and December the Preliminary Determinations,’’ (October 10, and email applications will be accepted 31, 2016. Selection of a trade show is 2014); Letter from Petitioner to the Secretary of as interim applications, but must be valid for one event, i.e., a trade show Commerce, ‘‘Certain Steel Nails From Malaysia: followed by a signed original organizer seeking selection for a Petitioner’s Request for Postponement of application that is received by the recurring event must submit a new Preliminary Determination,’’ (October 10, 2014); program no later than five (5) business Letter from Petitioner to the Secretary of Commerce, application for selection for each ‘‘Certain Steel Nails From the Sultanate of Oman: days after the application deadline. To occurrence of the event. For events that Petitioner’s Request for Postponement of ensure that applications are received by occur more than once in a calendar year, Preliminary Determination,’’ (October 10, 2014); the deadline, applicants are strongly the trade show organizer must submit a Letter from Petitioner to the Secretary of Commerce, urged to send applications by express separate application for each event. ‘‘Certain Steel Nails From Taiwan: Petitioner’s delivery service (e.g., U.S. Postal Service For the IBP in calendar year 2016, the Request for Postponement of Preliminary Express Delivery, Federal Express, UPS, ITA expects to select approximately 15 Determination,’’ (October 10, 2014); and Letter from etc.). Petitioner to the Secretary of Commerce, ‘‘Certain events from among the applicants. The Steel Nails From the Socialist Republic of Vietnam: FOR FURTHER INFORMATION CONTACT: ITA will select those events that are Petitioner’s Request for Postponement of Vidya Desai, Acting Director, determined to most clearly meet the Preliminary Determination,’’ (October 10, 2014). International Buyer Program, Trade statutory mandate in 15 U.S.C. 4721 to
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63084 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
promote U.S. exports, especially those markets, as well as in the United States. A significant number of U.S. exhibitors of small- and medium-sized enterprises, ITA responsibilities include, but are not should be seeking to begin exporting or and the selection criteria articulated limited to, the worldwide promotion of to expand their sales into additional below. the trade show and, where feasible, export markets. There is no fee required to submit an recruitment of international buyers to (g) Level of Overseas Marketing: There application. If accepted into the that show, provision of on-site export has been a demonstrated effort by the program for calendar year 2016, a assistance to U.S. exhibitors at the applicant to market this event and prior participation fee of $9,800 for shows of show, and the reporting of results to the related events. For this criterion, the five days or fewer is required. For trade show organizer. applicant should describe in detail, shows more than five days in duration, Selection as an IBP partner does not among other information, the or requiring more than one International constitute a guarantee by DOC of the international marketing program to be Trade Center, a participation fee of show’s success. IBP partnership status is conducted for the event, and explain $15,000 is required. For trade shows ten not an endorsement of the show except how efforts should increase individual days or more in duration, and/or as to its international buyer activities. and group international attendance. requiring more than two International Non-selection of an applicant for IBP (h) Logistics: The trade show site, Trade Centers, the participation fee will partnership status should not be viewed facilities, transportation services, and be determined by DOC and stated in the as a determination that the event will availability of accommodations at the written notification of acceptance. not be successful in promoting U.S. site of the exhibition are capable of Successful applicants will be required exports. accommodating large numbers of to enter into a Memorandum of Eligibility: All 2016 U.S. trade events attendees whose native language will Agreement (MOA) with ITA within 10 are eligible to apply for IBP not be English. days of written notification of participation, through the show (i) Level of Cooperation: The acceptance into the program. The organizer. applicant demonstrates a willingness to participation fee is due within 45 days Exclusions: Trade shows that are cooperate with the ITA to fulfill the of written notification of acceptance either first-time or horizontal (non- program’s goals and adhere to the target into the program. industry specific) events generally will dates set out in the MOA and in the The MOA constitutes an agreement not be considered. event timetables, both of which are between ITA and the show organizer General Evaluation Criteria: The ITA available from the program office (see specifying which responsibilities for will evaluate shows to be International the FOR FURTHER INFORMATION CONTACT international promotion and export Buyer Program partners using the section above). Past experience in the assistance services at the trade shows following criteria: IBP will be taken into account in are to be undertaken by ITA as part of (a) Export Potential: The trade show evaluating the applications received. the IBP and, in turn, which promotes products and services from (j) Delegation Incentives: The IBP responsibilities are to be undertaken by U.S. industries that have high export Office will be evaluating the level and/ the show organizer. Anyone requesting potential, as determined by DOC or range of incentives offered to application information will be sent a sources, including industry analysts’ delegations and/or delegation leaders sample copy of the MOA along with the assessment of export potential, ITA best recruited by U.S. overseas Embassies application and a copy of this Federal prospects lists and U.S. export statistics. and Consulates. Examples of incentives Register Notice. Applicants are (b) Level of International Interest: The to international visitors and to encouraged to review the MOA closely trade show meets the needs of a organized delegations include: Special as IBP participants are required to significant number of overseas markets organized events, such as receptions, comply with all terms, conditions, and and corresponds to marketing meetings with association executives, obligations in the MOA. Trade show opportunities as identified by ITA. briefings, and site tours; and organizer obligations include, but are Previous international attendance at the complimentary accommodations for not limited to, providing waived or show may be used as an indicator. delegation leaders (beyond those reduced admission fees for international (c) Scope of the Show: The event required in the MOA). attendees who are participating in the offers a broad spectrum of U.S. made Review Process: ITA will evaluate all IBP, the construction of an International products and services for the subject applications received based on the Trade Center at the trade show, industry. Trade shows with a majority criteria set out in this notice. Vetting production of an export interest of U.S. firms as exhibitors are given will include soliciting input from ITA directory, and provision of priority. industry analysts, as well as domestic complimentary hotel accommodations (d) U.S. Content of Show Exhibitors: and international field offices, focusing for DOC staff as explained in the MOA. Trade shows with exhibitors featuring a primarily on the export potential, level One of the most important commitments high percentage of products produced in of international interest, and stature of is for the trade show organizer to the United States or products with a the show. In reviewing applications, include in the terms and conditions of high degree of U.S. content will be ITA will also consider scheduling and its exhibitor contracts provisions for the preferred. sector balance in terms of the need to protection of intellectual property rights (e) Stature of the Show: The trade allocate resources to support selected (IPR); has procedures in place at the show is clearly recognized by the events. trade show to address IPR infringement industry it covers as a leading event for Application Requirements: Show which, at a minimum, provide the promotion of that industry’s organizers submitting applications for information to help U.S. exhibitors products and services both domestically the 2016 IBP are requested to submit: (1) procure legal representation during the and internationally, and as a showplace A narrative statement addressing each trade show; and agrees to assist the DOC for the latest technology or services in question in the application, Form OMB to reach and educate U.S. exhibitors on that industry. 0625–0151 (found at www.export.gov/ the Strategy Targeting Organized Piracy (f) Level of Exhibitor Interest: There is ibp); (2) a signed statement that ‘‘The (STOP!), IPR protection measures expressed interest on the part of U.S. information submitted in this available during the show, and the exhibitors in receiving international application is correct and the applicant means to protect IPR in overseas business visitors during the trade show. will abide by the terms set forth in the
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63085
Call for Applications for the 2016 public and other Federal agencies to II. Method of Collection International Buyer Program (January 1, take this opportunity to comment on The method of submittal is 2016 through December 31, 2016);’’ and proposed and/or continuing information completion of a fillable file of the COAR (3) two copies of the application: one collections, as required by the onscreen or completion of a paper form copy of the application printed on Paperwork Reduction Act of 1995. and mailed. company letterhead, and one electronic DATES: Written comments must be copy of the application submitted on a submitted on or before December 22, III. Data ® CD–RW (preferably in Microsoft Word 2014. OMB Control Number: 0648–0428. format), on or before the deadline noted ADDRESSES: Direct all written comments Form Number(s): None. above. There is no fee required to apply. to Jennifer Jessup, Departmental Type of Review: Regular submission ITA expects to issue the results of its Paperwork Clearance Officer, (extension of a current information review process in April 2015. Department of Commerce, Room 6616, collection). Legal Authority: The statutory 14th and Constitution Avenue NW., Affected Public: Business or other for- program authority for the ITA to Washington, DC 20230 (or via the profit organizations. conduct the International Buyer Internet at [email protected]). Estimated Number of Respondents: Program is 15 U.S.C. 4724. The DOC has 204. the legal authority to enter into MOAs FOR FURTHER INFORMATION CONTACT: Requests for additional information or Estimated Time per Response: 8 hr. with show organizers under the Estimated Total Annual Burden copies of the information collection provisions of the Mutual Educational Hours: 1,632. instrument and instructions should be and Cultural Exchange Act of 1961 Estimated Total Annual Cost to directed to Patsy A. Bearden, (907) 586– (MECEA), as amended (22 U.S.C. 2455(f) Public: $816. and 2458(c)). MECEA allows ITA to 7008 or [email protected]. accept contributions of funds and SUPPLEMENTARY INFORMATION: IV. Request for Comments services from firms for the purposes of I. Abstract Comments are invited on: (a) Whether furthering its mission. the proposed collection of information This request is for extension of a The Office of Management and Budget is necessary for the proper performance currently approved information (OMB) has approved the information of the functions of the agency, including collection. collection requirements of the whether the information shall have The Alaska Commercial Operator’s application to this program (Form OMB practical utility; (b) the accuracy of the Annual Report (COAR) is a report that 0625–0151) under the provisions of the agency’s estimate of the burden collects harvest and production Paperwork Reduction Act of 1995 (44 (including hours and cost) of the information broken out by specific U.S.C. 3501 et seq.) (OMB Control No. proposed collection of information; (c) criteria such as gear type, area, delivery 0625–0151). Notwithstanding any other ways to enhance the quality, utility, and and product type, and pounds and provision of law, no person is required clarity of the information to be value. The COAR is due by April 1 of to respond to, nor shall a person be collected; and (d) ways to minimize the the year following any buying or subject to a penalty for failure to comply burden of the collection of information processing activity. with, a collection of information subject Any person or company who received on respondents, including through the to the requirements of the Paperwork a Fisheries Business License from the use of automated collection techniques Reduction Act, unless that collection of Alaska Department of Revenue and an or other forms of information information displays a currently valid Intent to Operate Permit by Alaska technology. OMB Control Number. Department of Fish and Game (ADF&G) Comments submitted in response to For further information please is required to annually submit the this notice will be summarized and/or contact: Vidya Desai, Acting Director, COAR to the State of Alaska, Alaska included in the request for OMB International Buyer Program (IBP2016@ Department of Fish and Game (ADF&G), approval of this information collection; trade.gov). under Alaska Administrative Code they also will become a matter of public Elnora Moye, (AAC), chapter 5 AAC 39.130. In record. Trade Program Assistant. addition, any person or company who Dated: October 16, 2014. [FR Doc. 2014–24677 Filed 10–21–14; 8:45 am] receives an Exclusive Economic Zone Glenna Mickelson, BILLING CODE 3510–FP–P (EEZ)-only permit from ADF&G Management Analyst, Office of the Chief annually must submit a COAR to Information Officer. ADF&G. Any owner of a catcher/ [FR Doc. 2014–25034 Filed 10–21–14; 8:45 am] DEPARTMENT OF COMMERCE processor or mothership with a Federal BILLING CODE 3510–22–P permit operating in the EEZ off Alaska National Ocean and Atmospheric is required to annually submit a COAR Administration to ADF&G under 50 CFR part 679.5(p). DEPARTMENT OF COMMERCE The COAR provides information on Proposed Information Collection; ex-vessel and first wholesale values for National Ocean and Atmospheric Comment Request; Alaska Commercial statewide fish and shellfish products. Administration Operator’s Annual Report (COAR) Containing information from shoreside Proposed Information Collection; AGENCY: processors, stationary floating National Ocean and Comment Request; Non-Economic Atmospheric Administration, processors, motherships, and catcher/ processors, this data collection yields Valuation of Subsistence Salmon in Commerce. Alaska ACTION: Notice. equivalent annual product value information for all respective processing AGENCY: National Ocean and SUMMARY: The Department of sectors and provides a consistent time Atmospheric Administration, Commerce, as part of its continuing series according to which groundfish Commerce. effort to reduce paperwork and resources may be managed more ACTION: Notice. respondent burden, invites the general efficiently.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63086 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
SUMMARY: The Department of project tests a set of survey questions for Dated: October 16, 2014. Commerce, as part of its continuing their ability to provide NOAA with Glenna Mickelson, effort to reduce paperwork and adequate information to assess non- Management Analyst, Office of the Chief respondent burden, invites the general economic values of subsistence resource Information Officer. public and other Federal agencies to harvest that might be damaged by a [FR Doc. 2014–25026 Filed 10–21–14; 8:45 am] take this opportunity to comment on hazardous substance release event. We BILLING CODE 3510–JS–P proposed and/or continuing information focus on Alaska’s subsistence salmon collections, as required by the fishery because of its size, geographic Paperwork Reduction Act of 1995. range, and significance to multiple types DEPARTMENT OF COMMERCE DATES: Written comments must be of communities, families and individual submitted on or before December 22, commercial, recreational, and National Ocean and Atmospheric 2014. subsistence fishermen. We further focus Administration on subsistence use of salmon because of ADDRESSES: Direct all written comments Proposed Information Collection; its importance to rural residents and to Jennifer Jessup, Departmental Comment Request; Contingent Alaska Natives who rely on natural Paperwork Clearance Officer, Valuation Surveys To Assess Value of resources for food, shelter, clothing, the Department of Commerce, Room 6616, Selected Hurricane Sandy Restoration maintenance of cultural traditions, and 14th and Constitution Avenue NW., Efforts in New York and New Jersey Washington, DC 20230 (or via the other aspects of Alaskan Native life. The Internet at [email protected]). data collection is expected to take place AGENCY: National Ocean and between fall 2015 and spring 2016. FOR FURTHER INFORMATION CONTACT: Atmospheric Administration, Commerce. Requests for additional information or II. Method of Collection ACTION: Notice. copies of the information collection Members of the research team will instrument and instructions should be administer a questionnaire in person in SUMMARY: The Department of directed to Amber Himes-Cornell, 206– an interview-style setting with each Commerce, as part of its continuing 526–4221 or [email protected]. respondent. effort to reduce paperwork and SUPPLEMENTARY INFORMATION: respondent burden, invites the general III. Data I. Abstract public and other Federal agencies to OMB Control Number: 0648-xxxx. take this opportunity to comment on This request is for a new information Form Number(s): None. proposed and/or continuing information collection. Type of Review: Regular submission collections, as required by the The National Oceanic and (request for a new information Paperwork Reduction Act of 1995. Atmospheric Administration’s (NOAA) collection). DATES: Written comments must be National Ocean Service (NOS) and Affected Public: Individuals or National Marine Fisheries Service’s submitted on or before December 22, households. 2014. Alaska Fisheries Science Center propose Estimated Number of Respondents: to collect data on non-economic values 600. ADDRESSES: Direct all written comments related to subsistence salmon fishing Estimated Time per Response: 45 to Jennifer Jessup, Departmental and use in Alaska. Data are needed to minutes. Paperwork Clearance Officer, support Natural Resource Damage Estimated Total Annual Burden Department of Commerce, Room 6616, Assessment (NRDA) and resource Hours: 450. 14th and Constitution Avenue NW., restoration analysis and activities. Estimated Total Annual Cost to Washington, DC 20230, (or via the NRDA is a legal process to determine Public: $0 in recordkeeping/reporting Internet at [email protected]). the type and amount of restoration costs. FOR FURTHER INFORMATION CONTACT: needed to compensate the public for Requests for additional information or IV. Request for Comments harm to natural resources and their copies of the information collection human uses that occur as a result of an Comments are invited on: (a) Whether instrument and instructions should be oil spill or other hazardous substance the proposed collection of information directed to Pete Wiley, NOAA Office for release. Through the NRDA process, is necessary for the proper performance Coastal Management, 1305 East West NOAA and co-trustees identify the of the functions of the agency, including Hwy., Silver Spring, MD 20910, 301– extent of natural resource injuries and whether the information shall have 563–1141, [email protected]. the amount and type of restoration practical utility; (b) the accuracy of the SUPPLEMENTARY INFORMATION: required to restore public trust resources agency’s estimate of the burden to baseline conditions. (including hours and cost) of the I. Abstract For this study, researchers have proposed collection of information; (c) This request is for a new information developed a survey instrument to ways to enhance the quality, utility, and collection. quantify non-economic values, clarity of the information to be Superstorm Sandy caused significant including (1) the value subsistence collected; and (d) ways to minimize the damage to the New York and New Jersey fishing adds to an individual or burden of the collection of information coast. There are numerous ongoing and community’s way of life, (2) the value on respondents, including through the planned projects to repair the damage of the subsistence resources in cultural use of automated collection techniques caused by the storm. The Disaster Relief or religious practices, roles, language, or other forms of information Appropriations Act of 2012 provided knowledge and skill transfer and (3) the technology. NOAA with funding to assess the value of the subsistence resources Comments submitted in response to ecosystem service values associated harvested. Alaska, with an abundance of this notice will be summarized and/or with restoration options being natural and energy resources that are co- included in the request for OMB considered in the wake of Sandy. Two located with subsistence harvesting approval of this information collection; geographic areas that were particularly grounds, is a logical place for NOAA to they also will become a matter of public impacted by the Storm were the develop assessment tools. This pilot record. Forsythe National Wildlife Refuge in
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63087
New Jersey and Jamaica Bay in New Type of Review: Regular submission DATES: Written comments must be York. Under this collection effort, the (request for a new information submitted on or before December 22, NOAA Office for Coastal Management collection). 2014. Affected Public: Individuals and will implement a contingent valuation ADDRESSES: Direct all written comments survey to assess the value of the households. to Jennifer Jessup, Departmental Estimated Number of Respondents: ecosystem services that will be Paperwork Clearance Officer, generated by restoration projects being 400. Estimated Time per Response: 20 Department of Commerce, Room 66165, implemented in both areas. Data will be 14th and Constitution Avenue NW., collected from individuals who reside minutes. Estimated Total Annual Burden Washington, DC 20230 (or via the in the New York and New Jersey areas. Internet at [email protected]). NOAA will implement two separate Hours: 134 hours. FOR FURTHER INFORMATION CONTACT: surveys: One for each geographic area. Estimated Total Annual Cost to There are a number of restoration Public: $0 in capital and reporting/ Requests for additional information or projects that are ongoing in the Forsythe recordkeeping costs. copies of the information collection instrument and instructions should be National Wildlife Refuge and in Jamaica IV. Request for Comments Bay. After reviewing the scope and directed to Amber Himes-Cornell, (206) Comments are invited on: (a) Whether focus of many of those restoration 526–4221 or [email protected]. the proposed collection of information projects, NOAA has decided to focus on SUPPLEMENTARY INFORMATION: is necessary for the proper performance two specific projects. For the Forsythe of the functions of the agency, including I. Abstract National Wildlife Refuge, NOAA will whether the information shall have This request is for a new information focus on the work being done under a practical utility; (b) the accuracy of the $15 million project being conducted by collection. agency’s estimate of the burden Historically, changes in fisheries the U.S. Fish and Wildlife Service. The (including hours and cost) of the management regulations have been Forsythe project will focus on restoring proposed collection of information; (c) shown to result in impacts to and enhancing the salt marsh at the ways to enhance the quality, utility, and individuals within the fishery. An Refuge to act as a natural protection clarity of the information to be understanding of social impacts in from storms and to act as a habitat for collected; and (d) ways to minimize the fisheries—achieved through the wildlife. In assessing ecosystem service burden of the collection of information collection of data on fishing benefits for the Forsythe restoration on respondents, including through the communities, as well as on individuals work, NOAA will focus on the value of use of automated collection techniques who fish—is a requirement under the salt marsh for storm protection, or other forms of information several federal laws. Laws such as the habitat, and recreation, as well as other technology. National Environmental Policy Act possible ecosystem services. Comments submitted in response to (NEPA) and the Magnuson- Stevens The Jamaica Bay area has a number of this notice will be summarized and/or planned and ongoing projects. NOAA Fishery Conservation and Management included in the request for OMB Act (MSA) (as amended 2007) describe has decided to focus on work being approval of this information collection; conducted at Spring Creek Park on the such requirements. The collection of they also will become a matter of public this data not only helps to inform legal northern point of Jamaica Bay. The record. restoration work at the park will involve requirements for the existing improving habitat and storm and flood Dated: October 16, 2014. management actions, but will inform protection. NOAA will focus on the Glenna Mickelson, future management actions requiring associated ecosystem services from Management Analyst, Office of the Chief equivalent information. Fisheries rationalization programs habitat improvements and the added Information Officer. have an impact on those individuals storm and flood protection. [FR Doc. 2014–25054 Filed 10–21–14; 8:45 am] NOAA is currently contacting and BILLING CODE 3510–JS–P participating in the affected fishery, as working with partners and stakeholders well as their communities and may also at each site to ensure the relevancy of have indirect effects on other fishery this work. DEPARTMENT OF COMMERCE participants. The North Pacific Fishery Management Council is considering the II. Method of Collection National Oceanic and Atmospheric implementation of a new, yet to be NOAA will collect these data using a Administration defined, rationalization program for the Gulf of Alaska groundfish trawl fishery. web-based survey instrument and will Proposed Information Collection; be using an online panel. The panel will A data collection was conducted in Comment Request; Catcher Processor 2014 (OMB Control No. 0648–0685) to consist of individuals who reside in the Socio-Cultural Study two areas. A number of firms maintain obtain relevant socio-cultural online panels to use in survey efforts. AGENCY: National Oceanic and information about current participants These firms recruit individuals to be Atmospheric Administration (NOAA), in most sectors of this fishery. part of the panels and target their Commerce. The proposed data collection recruitment efforts to develop panels ACTION: Notice. complements this 2014 effort by that are representative of the general collecting comparable information from population. Individuals who are part of SUMMARY: The Department of individuals participating in the catcher these panels have agreed to participate Commerce, as part of its continuing processor fleet that operates in the in online surveys. To access the panel, effort to reduce paperwork and North Pacific. The data collected will be NOAA will contract with one of the respondent burden, invites the general used to develop a baseline description firms who maintains an online panel. public and other Federal agencies to of the catcher processor sector operating take this opportunity to comment on in the North Pacific that can be used to III. Data proposed and/or continuing information analyze impacts that future fisheries OMB Control Number: 0648–xxxx. collections, as required by the management changes, such as the new Form Number(s): None. Paperwork Reduction Act of 1995. bycatch management changes being
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63088 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
developed for the Gulf of Alaska trawl Dated: October 16, 2014. West Ocean Blvd.; Suite 4200; Long fishery, may have on catcher processor Glenna Mickelson, Beach, California 90802. businesses, as well as individuals and Management Analyst, Office of the Chief Instructions: Comments must be communities that are dependent on this Information Officer. submitted by one of the above methods sector. The measurement of these [FR Doc. 2014–25047 Filed 10–21–14; 8:45 am] to ensure that the comments are changes, combined with those noted in BILLING CODE 3510–22–P received, documented, and considered the 2014 survey, will lead to a greater by NMFS. Comments sent by any other understanding of the social impacts new method, to any other address or management measures may have on the DEPARTMENT OF COMMERCE individual, or received after the end of individuals and communities. the comment period, may not be National Oceanic and Atmospheric considered. All comments received are II. Method of Collection Administration a part of the public record and will generally be posted for public viewing Data collection will be undertaken RIN 0648–XD562 on www.regulations.gov without change. through the use of a survey instrument. Endangered and Threatened Species; All personal identifying information Data will be collected using a mixed Initiation of a Status Review for the (e.g., name, address, etc.) submitted method approach through a Guadalupe Fur Seal voluntarily by the sender will be combination of paper surveys, publicly accessible. Do not submit AGENCY: National Marine Fisheries electronic surveys, and in-person confidential business information, or Service (NMFS), National Oceanic and interviews to obtain the greatest breadth otherwise sensitive or protected Atmospheric Administration, of information as possible. information. NMFS will accept Commerce. III. Data anonymous comments (enter ‘‘N/A’’ in ACTION: Notice of initiation of a status the required fields if you wish to remain OMB Control Number: 0648-xxxx. review; request for information. anonymous). Attachments to electronic Form Number: None. SUMMARY: The National Marine comments will be accepted in Microsoft Fisheries Service (NMFS) announces a Word or Excel, WordPerfect, or Adobe Type of Review: Regular submission PDF file formats only. (request for a new information status review of the Guadalupe fur seal FOR FURTHER INFORMATION CONTACT: collection). (Arctocephalus townsendi) under the Endangered Species Act of 1973 (ESA). Christina Fahy, West Coast Region, 562– Affected Public: Individuals or A status review is a periodic 980–4023. households; business or other for-profit undertaking conducted to ensure that SUPPLEMENTARY INFORMATION: Section organizations. the listing classification of a species is 4(c)(2)(A) of the ESA requires that we Estimated Number of Respondents: accurate. A status review is based on the conduct a review of listed species at 435. best scientific and commercial data least once every five years. On the basis Estimated Time per Response: 20–30 available at the time of the review; of such reviews under section 4(c)(2)(B), minutes. therefore, we are requesting submission we determine whether a particular of any such information on the species should be removed from the list Estimated Total Annual Burden Guadalupe fur seal population in the (delisted), or reclassified from Hours: 160 hours. eastern Pacific waters that has become endangered to threatened, or from Estimated Total Annual Cost to available since the last Guadalupe fur threatened to endangered. Delisting a Public: $0 in recordkeeping/reporting seal status review in 1984. species must be supported by the best costs. DATES: To allow us adequate time to scientific and commercial data conduct these reviews, we must receive available, substantiating that the species IV. Request for Comments your information no later than is neither endangered nor threatened for Comments are invited on: (a) Whether December 22, 2014. However, we will one or more of the following reasons: (1) the proposed collection of information continue to accept new information The species is considered extinct; (2) is necessary for the proper performance about any listed species at any time. the species is considered to be of the functions of the agency, including ADDRESSES: You may submit comments recovered; and/or (3) the original data whether the information shall have on this document, identified by NOAA– available when the species was listed, or practical utility; (b) the accuracy of the NMFS–2014–0131, by any of the the interpretation of such data, were in agency’s estimate of the burden following methods: error. Any change in Federal (including hours and cost) of the 1. Electronic Submissions: Submit all classification would require a separate proposed collection of information; (c) electronic public comments via the rulemaking process. The regulations in ways to enhance the quality, utility, and Federal e-Rulemaking Portal 50 CFR 424.21 require that we publish clarity of the information to be www.regulations.gov. To submit a notice in the Federal Register announcing those species currently collected; and (d) ways to minimize the comments via the e-Rulemaking Portal, under active review. This notice burden of the collection of information first click the ‘‘submit a comment’’ icon, announces active review of the on respondents, including through the then enter NOAA–NMFS–2014–0131 in Guadalupe fur seal, currently listed use of automated collection techniques the keyword search. Locate the document you wish to comment on globally as threatened. or other forms of information from the resulting list and click on the technology. Public Solicitation of New Information ‘‘Submit a Comment’’ icon on the right Comments submitted in response to of that line. To ensure that the review is complete this notice will be summarized and/or 2. Facsimile (fax): 562–980–4027, and based on the best available included in the request for OMB Attn: Christina Fahy. scientific and commercial information, approval of this information collection; 3. Mail or hand-delivery: Christina we are soliciting new information from they also will become a matter of public Fahy, National Marine Fisheries the public, relevant governmental record. Service, West Coast Regional Office, 501 agencies, tribes, the scientific
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63089
community, industry, environmental DEFENSE NUCLEAR FACILITIES discussions and move to amend the entities, and any other interested parties SAFETY BOARD Work Plan presented by that Office concerning the status of the Guadalupe Director. Following conclusion of fur seal. Sunshine Act Meeting amendments and deliberations, the Board is expected to vote on whether to Status reviews consider the best AGENCY: Defense Nuclear Facilities approve or disapprove the individual scientific and commercial data and all Safety Board. new information that has become Work Plans. The Board will also ACTION: Notice of public business deliberate and vote on whether to available since the listing determination meeting. or most recent status review. Categories approve or disapprove the Board’s of requested information include: (1) SUMMARY: Pursuant to the provisions of Staffing Plan. Species biology including, but not the ‘‘Government in the Sunshine Act,’’ The business meeting agenda is limited to, population trends, notice is hereby given of the Defense posted on the Board’s public Web site. distribution, abundance, demographics, Nuclear Facilities Safety Board’s (Board) The public is invited to view this and genetics; (2) habitat conditions public business meeting described business meeting and provide including, but not limited to, amount, below. comments at the conclusion of the distribution, and suitability; (3) meeting at approximately 12:15 p.m. A DATES: Time and Date of Meeting: transcript of the business meeting, along conservation measures that have been 9 a.m.–12:30 p.m., October 30, 2014. implemented that benefit the species; with a DVD video recording, will be ADDRESSES: (4) status and trends of threats; and (5) Place: Defense Nuclear made available by the Board for other new information, data, or Facilities Safety Board, 625 Indiana inspection and viewing by the public at corrections including, but not limited Avenue NW., Suite 352, Washington, the Board’s Washington office. The to, taxonomic or nomenclatural changes, DC 20004–2901. Board specifically reserves its right to identification of erroneous information FOR FURTHER INFORMATION CONTACT: further schedule and otherwise regulate contained in the list, and improved Mark Welch, General Manager, Defense the course of the business meeting, to analytical methods. Any new Nuclear Facilities Safety Board, 625 recess, reconvene, postpone, or adjourn information will be considered during Indiana Avenue NW., Suite 700, the meeting, conduct further reviews, the status review. Washington, DC 20004–2901, (800) 788– and otherwise exercise its rights under 4016. This is a toll-free number. the Government in the Sunshine Act Authority: 16 U.S.C. 1531 et seq. SUPPLEMENTARY INFORMATION: Status: and the Board’s Procedures. Dated: October 16, 2014. Open. Dated: October 17, 2014. Angela Somma, Matters to be Considered: This public Peter S. Winokur, Chief, Endangered Species Division, Office business meeting will be conducted Chairman. of Protected Resources, National Marine pursuant to the Government in the [FR Doc. 2014–25197 Filed 10–20–14; 11:15 am] Fisheries Service. Sunshine Act, the Board’s implementing BILLING CODE 3670–01–P [FR Doc. 2014–25017 Filed 10–21–14; 8:45 am] regulations for the Government in the BILLING CODE 3510–22–P Sunshine Act, and the Board’s Procedures dated February 2014. The meeting will proceed in accordance DEPARTMENT OF EDUCATION with the previously approved business [Docket No. ED–2014–ICCD–0145] COMMODITY FUTURES TRADING meeting agenda. The Board will receive COMMISSION testimony from the agency Office Agency Information Collection Directors and the technical staff group Activities; Comment Request; College Sunshine Act Meetings leaders. First, the Board’s General Affordability and Transparency Manager will report to the Board Explanation Form (CATEF) 2015–2017 TIME AND DATE: 10 a.m., Friday, October concerning the Office of the General 31, 2014. Manager’s draft Fiscal Year (FY) 2015 AGENCY: Office of Postsecondary Work Plan. Next, the Board’s Acting Education (OPE), Department of PLACE: Three Lafayette Centre, 1155 21st General Counsel will report to the Board Education (ED). Street NW., Washington, DC, 9th Floor on the Office of the General Counsel’s ACTION: Notice. Commission Conference Room. draft FY 2015 Work Plan. The Board’s SUMMARY: In accordance with the STATUS: Closed. Technical Director and the five technical group leaders will then report Paperwork Reduction Act of 1995 (44 MATTERS TO BE CONSIDERED: to the Board on the Office of the U.S.C. chapter 3501 et seq.), ED is Surveillance, enforcement, and Technical Director’s draft FY 2015 Work proposing an extension of an existing examinations matters. In the event that Plan. The five groups within the Office information collection. the time, date, or location of this of the Technical Director include the DATES: Interested persons are invited to meeting changes, an announcement of Nuclear Weapons Program group, the submit comments on or before the change, along with the new time, Nuclear Materials Processing and December 22, 2014. date, and/or place of the meeting will be Stabilization group, the Nuclear Facility ADDRESSES: Comments submitted in posted on the Commission’s Web site at Design and Infrastructure group, the response to this notice should be http://www.cftc.gov. Nuclear Programs and Analysis group, submitted electronically through the CONTACT PERSON FOR MORE INFORMATION: and the Performance Assurance group. Federal eRulemaking Portal at http:// Christopher Kirkpatrick, 202–418–5964. Finally, the General Manager will report www.regulations.gov by selecting to the Board on the Board’s draft FY Docket ID number ED–2014–ICCD–0145 Christopher J. Kirkpatrick, 2015 Staffing Plan. Following each of or via postal mail, commercial delivery, Secretary of the Commission. the Office Director presentations, and as or hand delivery. If the regulations.gov [FR Doc. 2014–25225 Filed 10–20–14; 11:15 am] described in the business meeting site is not available to the public for any BILLING CODE 6351–01–P agenda, Board members may enter into reason, ED will temporarily accept
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63090 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
comments at [email protected]. Abstract: The Office of Postsecondary Deadline for Transmittal of Please note that comments submitted by Education (OPE) is seeking a renewed Applications: December 5, 2014. fax or email and those submitted after three-year clearance for the College Deadline for Intergovernmental the comment period will not be Affordability and Transparency Review: February 3, 2015. accepted; ED will ONLY accept Explanation Form (CATEF) data Full Text of Announcement comments during the comment period collection. OPE has collected this in this mailbox when the regulations.gov information since 2011–12 and the I. Funding Opportunity Description site is not available. Written requests for collection of information through Purpose of Program: The purposes of information or comments submitted by CATEF is required by § 132 of the this program are to (1) help address postal mail or delivery should be Higher Education Act of 1965 as State-identified needs for personnel addressed to the Director of the amended (HEA), 20 U.S.C. § 1015a with preparation in special education, early Information Collection Clearance the goal of increasing the transparency intervention, related services, and Division, U.S. Department of Education, of college tuition prices for consumers. regular education to work with children, 400 Maryland Avenue SW., LBJ, This submission is for the 2014–15, including infants and toddlers, with Mailstop L–OM–2–2E319, Room 2E105, 2015–16, and 2016–17 collection years. disabilities; and (2) ensure that those Washington, DC 20202. CATEF collects follow-up information personnel have the necessary skills and FOR FURTHER INFORMATION CONTACT: For from institutions that appear on the knowledge, derived from practices that specific questions related to collection tuition and fees and/or net price have been determined through activities, please contact Ashley increase College Affordability and scientifically based research and Higgins, 202–219–7061. Transparency Center (CATC) Lists for experience, to be successful in serving SUPPLEMENTARY INFORMATION: The being in the five percent of institutions those children. Department of Education (ED), in in their institutional sector that have the Priority: In accordance with 34 CFR accordance with the Paperwork highest increases, expressed as a 75.105(b)(2)(iv), this priority is from Reduction Act of 1995 (PRA) (44 U.S.C. percentage change, over the three-year allowable activities specified in the 3506(c)(2)(A)), provides the general time period for which the most recent statute (see sections 662 and 681 of the public and Federal agencies with an data are available. The information Individuals with Disabilities Education opportunity to comment on proposed, collected through CATEF is used to Act (IDEA)). revised, and continuing collections of write a summary report for Congress Absolute Priority: For FY 2015 and information. This helps the Department which is also posted on the CATC Web any subsequent year in which we make assess the impact of its information site (accessible through the College awards from the list of unfunded collection requirements and minimize Navigator). applicants from this competition, this the public’s reporting burden. It also Dated: October 16, 2014. priority is an absolute priority. Under 34 helps the public understand the Stephanie Valentine, CFR 75.105(c)(3), we consider only Department’s information collection applications that meet this priority. requirements and provide the requested Acting Director, Information Collection Clearance Division, Privacy, Information and This priority is: data in the desired format. ED is Records Management Services, Office of Personnel Preparation in Special soliciting comments on the proposed Management. Education, Early Intervention, and information collection request (ICR) that [FR Doc. 2014–25028 Filed 10–21–14; 8:45 am] Related Services. is described below. The Department of BILLING CODE 4000–01–P Background: Education is especially interested in The purpose of the Personnel public comment addressing the Preparation in Special Education, Early following issues: (1) Is this collection DEPARTMENT OF EDUCATION Intervention, and Related Services necessary to the proper functions of the priority is to improve the quality and Department; (2) will this information be Applications for New Awards; increase the number of personnel who processed and used in a timely manner; Personnel Development To Improve are fully credentialed to serve children, (3) is the estimate of burden accurate; Services and Results for Children With including infants and toddlers, with (4) how might the Department enhance Disabilities; Personnel Preparation in disabilities—especially in areas of the quality, utility, and clarity of the Special Education, Early Intervention, chronic personnel shortage—by information to be collected; and (5) how and Related Services supporting projects that prepare special might the Department minimize the AGENCY: Office of Special Education and education, early intervention, and burden of this collection on the related services personnel at the respondents, including through the use Rehabilitative Services, Department of baccalaureate, master’s, and specialist of information technology. Please note Education. levels. State demand for fully that written comments received in ACTION: Notice. credentialed special education, early response to this notice will be intervention, and related services considered public records. Overview Information: Title of Collection: College Personnel Development to Improve personnel to serve infants, toddlers, and Affordability and Transparency Services and Results for Children with children with disabilities exceeds the Explanation Form (CATEF) 2015–2017. Disabilities—Personnel Preparation in available supply (Bruder, 2004a; Bruder, OMB Control Number: 1840–0822. Special Education, Early Intervention, 2004b; McLeskey & Billingsley, 2008; Type of Review: An extension of an and Related Services Notice inviting McLeskey, Tyler, & Flippin, 2004). existing information collection. applications for new awards for fiscal These shortages of fully credentialed Respondents/Affected Public: Private year (FY) 2015. personnel can negatively affect the Sector, State, Local and Tribal quality of services provided to infants, Catalog of Federal Domestic Assistance Governments. toddlers, and children with disabilities Total Estimated Number of Annual (CFDA) Number: 84.325K. and their families (McLeskey et al., Responses: 655. Dates: 2004). Total Estimated Number of Annual Applications Available: October 22, Personnel preparation programs that Burden Hours: 2,172. 2014. prepare personnel to enter the fields of
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63091
special education, early intervention, (1) Address national, State, or regional (i) Identify the competencies 3 that and related services as fully shortages of personnel who are fully special education, early intervention, or credentialed personnel who are well credentialed to serve children with related services personnel need in order qualified, have the necessary disabilities, ages birth through 21, to provide high-quality services using competencies, and effectively use including high-need children with evidence-based instruction and evidence-based practices to improve disabilities,2 by preparing special interventions that will lead to improved outcomes for children with disabilities education, early intervention, or related learning and developmental outcomes; are critical to overcome the personnel services personnel at the baccalaureate, ensure access to college- and career- shortages in these fields. Federal master’s, or specialist levels. To address ready standards; lead to successful support of these personnel preparation this requirement, the applicant must transition to college and career for programs is needed to increase the present— children with disabilities, including supply of personnel with the necessary (i) Appropriate and applicable data high-need children with disabilities; competencies to effectively serve that demonstrate a national, State, or and maximize the use of effective infants, toddlers, and children with regional need for the personnel the technology to deliver instruction, disabilities and their families, and to applicant proposes to prepare; and interventions, and services; and make sure students with disabilities (ii) Data that demonstrate the (ii) Provide the conceptual framework have access to and meet college- and effectiveness of the applicant’s of the personnel preparation program, career-ready standards. personnel preparation program to date including any empirical support, that Priority: will promote the acquisition of the Except as provided for Focus Area D in areas such as: The average amount of time it takes program participants to identified competencies (see paragraph projects, to meet this priority, an (a)(2)(i) of this priority) needed by applicant must propose a project complete the program; the percentage of program graduates finding employment special education, early intervention, or associated with a pre-existing related services personnel, and how baccalaureate, master’s, or specialist related to their preparation within one year of graduation; the effectiveness of these competencies relate to the degree personnel preparation program proposed project. 1 program graduates in providing special that will prepare and support scholars (b) Demonstrate, in the narrative to complete, within the project period of education, early intervention, or related services, which could include data on section of the application under the grant, a degree, State certification, ‘‘Quality of Project Services,’’ how the professional license, or State the learning and developmental outcomes of children with disabilities proposed project— endorsement in special education, early (1) Will recruit and retain high-quality they serve; or the percentage of program intervention, or a related services field. scholars and ensure equal access and graduates who maintain employment for Projects also can be associated with treatment for eligible project three or more years in the area for which personnel preparation programs that (a) participants who are members of groups they were prepared and who are fully prepare individuals to be assistants in who have traditionally been qualified under IDEA. related services professions (e.g., underrepresented based on race, color, physical therapist assistants, Note: Data provided in response to this national origin, gender, age, or occupational therapist assistants) or requirement should be no older than five disability. To meet this requirement, the educational interpreters; or (b) provide years from the start date of the project applicant must describe— proposed in the application. When reporting an alternate route to certification or that (i) The selection criteria that it will support dual certification (special percentages, the denominator (e.g., total number of students or program graduates) use to identify high-quality applicants education and regular education) for must be provided. for admission to the proposed project; teachers. For purposes of this priority, (ii) The recruitment strategies that it the term ‘‘personnel preparation (2) Increase the number of personnel will use to attract high-quality program’’ refers to the program with who demonstrate the competencies applicants and any specific recruitment which the applicant’s proposed project needed to provide high-quality strategies targeting high-quality is associated. instruction, evidence-based applicants from traditionally To be considered for funding under interventions, and services for children underrepresented groups, including the Personnel Preparation in Special with disabilities, ages birth through 21, individuals with disabilities; and Education, Early Intervention, and including high-need children with (iii) The approach, including Related Services absolute priority, disabilities, that result in improvements mentoring, monitoring, and applicants must meet the application in learning and developmental accommodations, that will be used to requirements contained in this priority. outcomes (e.g., academic, social, support scholars to complete the All projects funded under this absolute emotional, behavioral), and successful personnel preparation program. priority also must meet the transition to postsecondary education (2) Reflects current research and programmatic and administrative and the workforce. To address this evidence-based practices, and is requirements specified in the priority. requirement, the applicant must— designed to prepare scholars in the The requirements of this priority are as follows: 2 For the purposes of this priority, ‘‘high-need 3 For the purposes of this priority, the term (a) Demonstrate, in the narrative children with disabilities’’ refers to children (ages ‘‘competencies’’ means what a person knows and section of the application under birth through 21, depending on the State) who are can do: the knowledge, skills, and dispositions ‘‘Significance of the Project,’’ how the eligible for services under IDEA, and who may be necessary to effectively function in a role (National further disadvantaged and at risk of educational Professional Development Center on Inclusion, proposed project will— failure because they: (1) Are living in poverty, (2) 2011). These competencies should ensure that are far below grade level, (3) are at risk of not personnel are able to use challenging national and 1 For the purposes of this priority, the term graduating with a regular high school diploma on State content standards, child achievement and ‘‘scholar’’ means an individual who is pursuing a time, (4) are homeless, (5) are in foster care, (6) have functional standards, and State assessments, to degree, license, endorsement, or certification been incarcerated, (7) are English learners, (8) are improve instructional practices, services, and related to special education, related services, or pregnant or parenting teenagers, (9) are new learning and developmental outcomes (e.g., early intervention services and who receives immigrants, (10) are migrant, or (11) are not on academic, social, emotional, behavioral); and scholarship assistance under section 662 of IDEA track to being college- or career-ready by college- and career-readiness of children with (see 34 CFR 304.3(g)). graduation. disabilities.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63092 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
identified competencies. To address this States that have received the U.S. (1) The proposed project will use requirement, the applicant must Department of Education’s comprehensive and appropriate describe how the proposed project (Department’s) approval of a request for methodologies to evaluate the will— Elementary and Secondary Education effectiveness of the project, including (i) Incorporate current research and Act of 1965, as amended (ESEA) the effectiveness of project processes evidence-based practices that improve flexibility),7 or publicly funded and outcomes. outcomes (e.g., meeting college- and preschool programs, including Head (2) The proposed project will collect career-ready standards) for children Start programs and programs serving and analyze data related to specific and with disabilities (including relevant children eligible for services under measurable goals, objectives, and research citations) into the project’s IDEA Part C and Part B, Section 619, outcomes of the project. To address this required coursework and clinical that are located within the geographic requirement, the applicant must experiences; and boundaries of a high-need LEA. The describe— (ii) Use current research and purpose of these partnerships is to (i) How scholar competencies and evidence-based professional provide clinical practice for scholars other project processes and outcomes development practices for adult learners aimed at developing the identified will be measured for formative to instruct scholars. competencies; and evaluation purposes, including (3) Is of sufficient quality, intensity, (ii) Other programs on campus or at proposed instruments, data collection and duration to prepare scholars in the partnering universities for the purpose methods, and possible analyses; and identified competencies. To address this of sharing resources, supporting (ii) How data on the quality of requirement, the applicant must program development and delivery, and services provided by proposed project describe how— addressing personnel shortages. graduates, including data on the (i) The components of the proposed (5) Will use technology, as learning and developmental outcomes project (e.g., coursework, clinical appropriate, to promote scholar (e.g., academic, social, emotional, experiences, or internships) will learning, enhance the efficiency of the behavioral, meeting college- and career- support scholars’ acquisition and project, collaborate with partners, and ready standards) and on growth toward enhancement of the identified facilitate ongoing mentoring and these outcomes of the children with competencies; support for scholars. disabilities that the project graduates (ii) The components of the proposed (6) Will align with and use resources, serve, will be collected and analyzed. project (e.g., coursework, clinical as appropriate, available through technical assistance centers, which may Note: Following the completion of the experiences, or internships) will be project period, grantees are encouraged—but integrated to allow scholars to use their include centers funded by the Department. not required—to engage in ongoing data content knowledge in clinical practice, collection activities. and how scholars will be provided with (c) Include, in the narrative section of (3) The methods of evaluation will ongoing guidance and feedback; and the application under ‘‘Quality of (iii) The proposed project will provide Project Evaluation,’’ how— produce quantitative and qualitative ongoing induction opportunities and data for objective performance measures restructuring or the lowest-achieving five Title I that are related to the outcomes of the support to program graduates. schools in improvement, corrective action, or (4) Will collaborate with appropriate proposed project. restructuring in the State, whichever number of (4) The methods of evaluation will partners, including— schools is greater; or (i) High-need LEAs; 4 high-poverty (ii) Is a high school that has had a graduation rate provide performance feedback and schools; 5 low-performing schools, as defined in 34 CFR 200.19(b) that is less than 60 allow for periodic assessment of percent over a number of years; and progress towards meeting the project including persistently lowest-achieving (2) Any secondary school that is eligible for, but schools; 6 priority schools (in the case of outcomes. To address this requirement, does not receive, Title I funds that— the applicant must describe how— (i) Is among the lowest-achieving five percent of 4 For the purposes of this priority, the term ‘‘high- secondary schools or the lowest-achieving five (i) Findings from the evaluation will need LEA’’ means an LEA (a) that serves not fewer secondary schools in the State that are eligible for, be used as a basis for improving the than 10,000 children from families with incomes but do not receive, Title I funds, whichever number proposed project to prepare special below the poverty line; or (b) for which not less of schools is greater; or education, early intervention, or related than 20 percent of the children served by the LEA (ii) Is a high school that has had a graduation rate are from families with incomes below the poverty as defined in 34 CFR 200.19(b) that is less than 60 services personnel to provide high- line. percent over a number of years. quality interventions and services to 5 For the purposes of this priority, the term ‘‘high- (b) To identify the lowest-achieving schools, a improve outcomes of children with poverty school’’ means a school in which at least State must take into account both— disabilities; and 50 percent of students are eligible for free or (i) The academic achievement of the ‘‘all (ii) The proposed project will report reduced-price lunches under the Richard B. Russell students’’ group in a school in terms of proficiency National School Lunch Act or in which at least 50 on the State’s assessments under section 1111(b)(3) evaluation results to the Office of percent of students are from low-income families as of the ESEA in reading/language arts and Special Education Programs (OSEP) in determined using one of the criteria specified under mathematics combined; and the annual and final performance section 1113(a)(5) of the Elementary and Secondary (ii) The school’s lack of progress on those reports. Education Act of 1965, as amended (ESEA). For assessments over a number of years in the ‘‘all middle and high schools, eligibility may be students’’ group. (d) Demonstrate, in the narrative calculated on the basis of comparable data from For the purposes of this priority, the Department under ‘‘Project Assurances,’’ or feeder schools. Eligibility as a high-poverty school considers schools that are identified as Tier I or Tier appendices, as applicable, that the under this definition is determined on the basis of II schools under the School Improvement Grants following program requirements are the most currently available data (www2.ed.gov/ Program (see 75 FR 66363 [October 28, 2010]) as met. The applicant must— legislation/FedRegister/other/2010–4/ part of a State’s approved FY 2009, FY 2010, FY 121510b.html). 2011, or FY 2012 application to be persistently (1) Include, in the application as 6 For the purposes of this priority, the term lowest-achieving schools. A list of these Tier I and Appendix B, syllabi for all required ‘‘persistently lowest-achieving schools’’ means, as Tier II schools can be found on the Department’s coursework of the proposed project, determined by the State— Web site at www2.ed.gov/programs/sif/index.html. including syllabi for new or proposed (a)(1) Any Title I school in improvement, 7 For the purposes of this priority, the term corrective action, or restructuring that— ‘‘priority school’’ means a school that has been courses. (i) Is among the lowest-achieving five percent of identified by the State as a priority school pursuant (2) Ensure that the proposed number Title I schools in improvement, corrective action, or to the State’s approved request for ESEA flexibility. of scholars to be recruited into the
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63093
program can graduate from the program (10) Ensure that the project director interdisciplinary projects under this by the end of the grant’s project period. submits annual data on each scholar focus area. For purposes of this focus The strategies for recruiting scholars who receives grant support. Applicants area, interdisciplinary projects are (including individuals with disabilities), are encouraged to visit the Personnel projects that deliver core content the program components and their Development Program Scholar Data through coursework and clinical sequence, and proposed budget must be Report Web site at: http:// experiences shared across disciplines consistent with this project requirement. oseppdp.ed.gov for further information for early intervention providers or early (3) Ensure that prior approval from about this data collection requirement. childhood special educators, and related the OSEP project officer will be Typically, data collection begins in services personnel to serve infants, obtained before admitting additional January of each year, and grantees are toddlers, and preschool-age children scholars beyond the number of scholars notified by email about the data with disabilities. Projects preparing only proposed in the application and before collection period for their grant. This related services personnel to serve transferring a scholar to another OSEP- data collection must be submitted infants, toddlers, and preschool-age funded grant. electronically by the grantee and does children with disabilities are not (4) Ensure that the project will meet not supplant the annual grant eligible under this focus area (see Focus the service obligation requirements in performance report required of each Area C). Scholars in the program should 34 CFR part 304, particularly those grantee for continuation funding (see 34 be able to demonstrate the competencies related to informing all scholarship CFR 75.590). outlined in a State’s Workforce recipients of their service obligation Focus Areas: Knowledge and Competency commitment. Failure by a grantee to Within this absolute priority, the Framework,8 as appropriate. properly meet these requirements would Secretary intends to support projects Focus Area B: Preparing Personnel to be a violation of the grant award that under the following four focus areas: (A) Serve School-Age Children with Low- could result in sanctions, including the Preparing Personnel to Serve Infants, Incidence Disabilities. OSEP intends to grantee being liable for returning any Toddlers, and Preschool-Age Children fund twelve awards under this focus misused funds to the Department. with Disabilities; (B) Preparing area. For the purpose of Focus Area B, Personnel to Serve School-Age Children Specifically, the grantee must prepare personnel who serve children with low- with Low-Incidence Disabilities; (C) and ensure that each scholarship incidence disabilities are special Preparing Personnel to Provide Related recipient signs the following two education personnel prepared to serve Services to Children, Including Infants documents: school-age children with low-incidence and Toddlers, with Disabilities; and (D) (i) A Pre-Scholarship Agreement prior disabilities, including visual Preparing Personnel in Minority to the scholar receiving a scholarship for impairments, hearing impairments, Institutions of Higher Education to an eligible program (OMB Control simultaneous visual and hearing Serve Children, Including Infants and impairments, significant intellectual Number 1820–0686); and Toddlers, with Disabilities. (ii) An Exit Certification immediately disabilities, orthopedic impairments, Interdisciplinary projects are traumatic brain injury, and persistent upon the scholar leaving, completing, or encouraged to apply under Focus Area otherwise exiting that program (OMB and severe learning and behavioral A, B, C, or D. Interdisciplinary projects problems that need the most intensive Control Number 1820–0686). are projects that deliver core content (5) Ensure that the project will meet individualized supports. Programs through coursework and clinical preparing special education personnel the statutory requirements in section experiences shared across disciplines. 662(e) through 662(h) of IDEA. to provide services to children with (6) Ensure that at least 65 percent of Note: Applicants must identify the specific visual impairments or blindness that focus area (i.e., A, B, C, or D) under which the total requested budget over the five can be appropriately provided in braille they are applying as part of the competition must prepare those individuals to years will be used for scholar support. title on the application cover sheet (SF form (7) Ensure that the institution of 424, line 4). Applicants may not submit the provide those services in braille, higher education (IHE) will not require same proposal under more than one focus scholars to work (e.g., as graduate area. 8 For the purposes of this priority, ‘‘Workforce Knowledge and Competency Framework’’ is assistants) as a condition of receiving Focus Area A: Preparing Personnel to defined by the definitions published in the Notice support (e.g., tuition, stipends, books) Serve Infants, Toddlers, and Preschool- Inviting Applications for New Awards for Fiscal from the proposed project unless the Age Children with Disabilities. OSEP Year 2013 Race to the Top-Early Learning Challenge work is specifically required to advance (RTT–ELC) (78 FR 53992 [August 30, 2013]): a set intends to fund six awards under this of expectations that describes what Early Childhood scholars’ competencies or complete focus area. For the purpose of Focus Educators (including those working with children other requirements in their personnel Area A, early intervention personnel are with disabilities and English learners) should know preparation program. Please note that those who are prepared to provide and be able to do. The Workforce Knowledge and this prohibition on work as a condition Competency Framework, at a minimum (a) is services to infants and toddlers with evidence-based; (b) incorporates knowledge and of receiving support does not apply to disabilities ages birth to three, and early application of the State’s Early Learning and the service obligation requirements in childhood personnel are those who are Development Standards, the Comprehensive section 662(h) of IDEA. prepared to provide services to children Assessment Systems, child development, health, (8) Ensure that the budget includes and culturally and linguistically appropriate with disabilities ages three through five strategies for working with families; (c) includes attendance of the project director at a (and in States where the age range is knowledge of early mathematics and literacy three-day project directors’ meeting in other than ages three through five, we development and effective instructional practices to Washington, DC, during each year of the will defer to the State’s certification for support mathematics and literacy development in project. young children; (d) incorporates effective use of early childhood). In States where data to guide instruction and program (9) Ensure that if the proposed project certification in early intervention is improvement; (e) includes effective behavior maintains a Web site, relevant combined with certification in early management strategies that promote positive social- information and documents are in a childhood, applicants may propose a emotional development and reduce challenging format that meets government or behaviors; and (f) incorporates feedback from combined early intervention and early experts at the State’s postsecondary institutions and industry-recognized standards for childhood personnel preparation project other early learning and development experts and accessibility. under this focus area. We encourage Early Childhood Educators.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63094 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
including the Unified English Braille (b) personnel to serve school-age The project must demonstrate that the Code (UEB). Projects preparing children with low-incidence newly established program or area of educational interpreters are eligible disabilities, including those with emphasis is approved and ready for under this focus area. We encourage persistent and severe learning or implementation in order to receive interdisciplinary projects under this behavioral problems that need the most continuation funds in year two. focus area. For purposes of this focus intensive individualized supports; or (c) (2) A project that is proposing to area, interdisciplinary projects are personnel to provide related services to expand or enhance an existing program projects that deliver core content children, including infants and toddlers, may request funding for capacity through coursework and clinical with disabilities. Minority IHEs include building (e.g., hiring of a clinical experiences shared across disciplines IHEs with a minority enrollment of 50 practice supervisor, providing for low-incidence and related services percent or more, which may include professional development and training personnel to serve school-aged children Historically Black Colleges and for faculty) or purchasing needed with low incidence disabilities. Projects Universities, Tribal Colleges, and resources (e.g., additional teaching preparing early intervention or Predominantly Hispanic Serving supplies or specialized equipment to preschool personnel are not eligible Colleges and Universities. We encourage enhance instruction). under this focus area (see Focus Area interdisciplinary projects under this Note: Applicants proposing projects to A). focus area. For purposes of this focus develop, expand, or add a new area of Focus Area C: Preparing Personnel to area, interdisciplinary projects are emphasis to special education or related Provide Related Services to Children, projects that deliver core content services programs must provide, in their Including Infants and Toddlers, with through coursework and clinical applications, information on how these new Disabilities. OSEP intends to fund eight experiences shared across disciplines areas will be sustained once Federal funding awards under this focus area. Programs for: (a) Early intervention providers or ends. preparing related services personnel to early childhood special educators and References serve children, including infants and related services personnel who serve toddlers, with disabilities are eligible infants, toddlers, and preschool-age Bruder, M. B. (December, 2004a). The within Focus Area C. For the purpose of children with disabilities; (b) low- National Landscape of Early Intervention this focus area, related services include, incidence and related services in Personnel Preparation Standards but are not limited to, psychological personnel who serve school-age under Part C of the Individuals with Disabilities Education Act (IDEA) (Study services, physical therapy (including children with low-incidence therapy provided by personnel prepared I Data Report). Farmington, CT: A. J. disabilities; or (c) related services Pappanikou Center for Excellence in at the Doctor of Physical Therapy (DPT) personnel who serve children, including level), adapted physical education, Developmental Disabilities. Retrieved infants and toddlers, with disabilities. from: www.uconnucedd.org/pdfs/ occupational therapy, therapeutic Programs in minority IHEs preparing projects/per_prep/pp_data_report_ recreation, social work services, personnel in Focus Area A, B, or C are study1_partc_11_14_08.pdf. counseling services, audiology services eligible within Focus Area D. Programs Bruder, M. B. (December, 2004b). The (including services provided by preparing high-incidence special National Landscape of Early Childhood personnel prepared at the Doctor of education personnel are not eligible Special Education in Personnel Preparation Standards under 619 of the Audiology (AudD) level), speech and under this priority. language services, and applied behavior Individuals with Disabilities Education analysis services provided by personnel Note: In Focus Area D, OSEP intends to Act (IDEA) (Study I Data Report). at the Board Certified Behavior fund in FY 2015 at least three high-quality Farmington, CT: A. J. Pappanikou Center Specialists level. Preparation programs applications from Historically Black Colleges for Excellence in Developmental and Universities and, as a result, may fund Disabilities. Retrieved from: in States where personnel prepared to applications out of rank order. www.uconnucedd.org/pdfs/projects/per_ serve children with speech and prep/pp_data_report_study1_619_11_ language impairments are considered to Note: A project funded under Focus Area _ D may budget for less than the 65 percent 19 08%20ccs.pdf. be special educators are eligible under required for scholar support if the applicant McLeskey, J., & Billingsley, B. (2008). How this focus area. We encourage can provide sufficient justification for a does the quality and stability of the interdisciplinary projects under this designation less than this required teaching force influence the research-to- focus area. percentage. Sufficient justification for practice gap? Remedial and Special For purposes of this focus area, proposing less than 65 percent of the budget Education, 29(5), 293–305. interdisciplinary projects are projects for scholar support would include support McLeskey, J., Tyler, N., & Flippin, S. S. that deliver core content through for activities such as program development, (2004). The supply and demand for coursework and clinical experiences program expansion, or the addition of a new special education teachers: A review of research regarding the chronic shortage shared across disciplines for related area of emphasis. Some examples of projects that may be eligible to designate less than 65 of special education teachers. Journal of services personnel who serve children, Special Education, 38(1), 5–21. including infants and toddlers, with percent of their budget for scholar support include the following: National Professional Development Center on disabilities. Projects preparing Inclusion. (August, 2011). Competencies educational interpreters are not eligible (1) A project that is proposing to for early childhood educators in the under this focus area (see Focus Area B). develop and deliver a newly established context of inclusion: Issues and guidance Focus Area D: Preparing Personnel in baccalaureate, master’s, and specialist for States. Chapel Hill, NC: The Minority Institutions of Higher level personnel preparation program or University of North Carolina, FPG Child Education to Serve Children, Including add a new area of emphasis may request Development Institute, Author. Infants and Toddlers, with Disabilities. up to a year of funding for program Waiver of Proposed Rulemaking: OSEP intends to fund ten awards under development (e.g., hiring of a new Under the Administrative Procedure Act this focus area. Programs in minority faculty member or consultant to assist in (APA) (5 U.S.C. 553) the Department IHEs are eligible under Focus Area D if course development, providing generally offers interested parties the they prepare one of the following: (a) professional development and training opportunity to comment on the Personnel to serve infants, toddlers, and for faculty). In the initial project year, proposed priorities and requirements. preschool-age children with disabilities; scholar support would not be required. Section 681(d) of IDEA, however, makes
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63095
the public comment requirements of the Department debarment and suspension Estimated Available Funds: The APA inapplicable to the priority in this regulations in 2 CFR part 3485. (c) The Administration has requested notice. regulations for this program in 34 CFR $83,700,000 for the Personnel Program Authority: 20 U.S.C. 1462 and part 304. Development to Improve Services and 1481. At the time we award grants under Results for Children with Disabilities this NIA, the following regulations will program for FY 2015, of which we Applicable Regulations: This Notice apply: (a) The Education Department intend to use an estimated $9,000,000 Inviting Applications (NIA) is being General Administrative Regulations published before the Department adopts for this competition. The actual level of (EDGAR) in 34 CFR parts 75, 77, 79, 81, the Uniform Administrative funding, if any, depends on final 82, 84, 86, 97, 98, and 99. (b) The Requirements, Cost Principles, and congressional action. However, we are Education Department debarment and Audit Requirements in 2 CFR part 200. inviting applications to allow enough suspension regulations as adopted in 2 We expect to publish interim final time to complete the grant process if CFR part 3485 and the Uniform regulations that would adopt those Congress appropriates funds for this Administrative Requirements, Cost requirements before December 26, 2014, program. Principles, and Audit Requirements for and make those regulations effective on Contingent upon the availability of Federal Awards as adopted in 2 CFR that date. Because grants awarded under funds and the quality of applications, part 3474. (c) The regulations for this this NIA will likely be made after ED we may make additional awards in FY program in 34 CFR part 304. adopts the requirements in 2 CFR part 2016 from the list of unfunded 200, we list as applicable regulations Note: The regulations in 34 CFR part 79 applicants from this competition. both those that are currently effective apply to all applicants except federally Estimated Range of Awards: See and those that will be effective at the recognized Indian tribes. chart. time ED makes grants. Note: The regulations in 34 CFR part 86 Estimated Average Size of Awards: The current regulations follow: (a) apply only to institutions of higher education See chart. The Education Department General (IHEs). Maximum Award: See chart. Administrative Regulations (EDGAR) in Estimated Number of Awards: See 34 CFR parts 74, 75, 77, 79, 80, 81, 82, II. Award Information chart. 84, 86, 97, 98, and 99. (b) The Education Type of Award: Discretionary grants. Project Period: See chart.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63096 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices PCP, PCP, 2015 EAR Y PCP, Room 4062. PCP, Room 4062. Contact person ISCAL 245–7439, maryann.mcdermott@ ed.gov, [email protected], Room 4105. [email protected], Room 4092. 245–7439, maryann.mcdermott@ ed.gov, F OTICE FOR period Project N PPLICATION number of awards Estimated ) A K each 250,000 12 250,000 Up to 60 mos ...... Maryann McDermott, 202– 8 250,000 Up to 60 mos ...... Sarah Allen, 202–245–7875, 10 Up to 60 mos ...... Dawn Ellis, 202–245–6417, budget period of award for Maximum * $250,000 6 Up to 60 mos ...... Maryann McDermott, 202– 12 months (84.325 size of awards average Estimated ISABILITIES D ITH W Estimated range of awards HILDREN C review Deadline for intergovernmental ESULTS FOR R applications Deadline for transmittal of ERVICES AND S MPROVE I O available T Applications ...... $225,000–$250,000 $237,500 ...... * $225,000–$250,000 237,500 ...... * $225,000–$250,000 237,500 ...... * $225,000–$250,000 237,500 March 22, 2014 ...... December 5, 2014 February 3, 2015. EVELOPMENT D CFDA No. and name ERSONNEL tion in Special Education, Early Intervention, and Re- lated Services. sonnel to Serve Infants, Toddlers, and Pre-school Age Children with Disabil- ities. sonnel to Serve School- Age Children with Low Inci- dence Disabilities. sonnel to Provide Related Services to Children, In- cluding Infants and Tod- dlers, with Disabilities. sonnel in Minority Institu- tions of Higher Education to Serve Children, Including Infants and Toddlers, with Disabilities. * We will reject any application that proposes a budget exceeding the maximum award for single period of 12 months. The Assistant Secretary for Special Education and Rehabilitative Services may change P 84.325K Personnel Prepara- Focus Area A: Preparing Per- Focus Area B: Preparing Per- Focus Area C: Preparing Per- Focus Area D: Preparing Per- the maximum amount through a notice published in Federal Register .
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63097
Note: The Department is not bound by any • A ‘‘page’’ is 8.5″ x 11″, on one side remains subject to all other estimates in this notice. only, with 1″ margins at the top, bottom, requirements and limitations in this and both sides. notice. III. Eligibility Information • Double-space (no more than three Deadline for Intergovernmental 1. Eligible Applicants: IHEs and lines per vertical inch) all text in the Review: February 3, 2015. private nonprofit organizations. application narrative, including titles, 4. Intergovernmental Review: This 2. Cost Sharing or Matching: This headings, footnotes, quotations, program is subject to Executive Order program does not require cost sharing or reference citations, and captions, as well 12372 and the regulations in 34 CFR matching. as all text in charts, tables, figures, part 79. Information about 3. Other General Requirements: graphs, and screen shots. Intergovernmental Review of Federal (a) Recipients of funding under this • Use a font that is 12 point or larger. Programs under Executive Order 12372 • program must make positive efforts to Use one of the following fonts: is in the application package for this employ and advance in employment Times New Roman, Courier, Courier competition. qualified individuals with disabilities New, or Arial. An application submitted 5. Funding Restrictions: We reference (see section 606 of IDEA). in any other font (including Times regulations outlining funding (b) Each applicant for, and recipient Roman or Arial Narrow) will not be restrictions in the Applicable of, funding under this program must accepted. Regulations section of this notice. involve individuals with disabilities, or The page limit and double-spacing 6. Data Universal Numbering System parents of individuals with disabilities requirement does not apply to Part I, the Number, Taxpayer Identification ages birth through 26, in planning, cover sheet; Part II, the budget section, Number, and System for Award implementing, and evaluating the including the narrative budget Management: To do business with the project (see section 682(a)(1)(A) of justification; Part IV, the assurances and Department of Education, you must— IDEA). certifications; or the abstract (follow the a. Have a Data Universal Numbering guidance provided in the application IV. Application and Submission System (DUNS) number and a Taxpayer package for completing the abstract), the Information Identification Number (TIN); table of contents, the list of priority b. Register both your DUNS number 1. Address to Request Application requirements, the resumes, the reference and TIN with the System for Award Package: You can obtain an application list, the letters of support, or the Management (SAM) (formerly the package via the Internet or from the appendices. However, the page limit Central Contractor Registry (CCR)), the Education Publications Center (ED and double-spacing requirement does Government’s primary registrant Pubs). To obtain a copy via the Internet, apply to all of Part III, the application database; use the following address: www.ed.gov/ narrative, including all text in charts, c. Provide your DUNS number and fund/grant/apply/grantapps/index.html. tables, figures, graphs, and screen shots. TIN on your application; and To obtain a copy from ED Pubs, write, We will reject your application if you d. Maintain an active SAM fax, or call the following: ED Pubs, U.S. exceed the page limit in the application registration with current information Department of Education, P.O. Box narrative section; or if you apply while your application is under review 22207, Alexandria, VA 22304. standards other than those specified in by the Department and, if you are Telephone, toll free: 1–877–433–7827. the application package. awarded a grant, during the project FAX: (703) 605–6794. If you use a 3. Submission Dates and Times: period. telecommunications device for the deaf Applications Available: October 22, You can obtain a DUNS number from (TDD) or a text telephone (TTY), call, 2014. Dun and Bradstreet. A DUNS number toll free: 1–877–576–7734. Deadline for Transmittal of You can contact ED Pubs at its Web Applications: December 5, 2014. can be created within one to two site, also: www.EDPubs.gov or at its Applications for grants under this business days. email address: [email protected]. competition must be submitted If you are a corporate entity, agency, If you request an application from ED electronically using the Grants.gov institution, or organization, you can Pubs, be sure to identify this Apply site (Grants.gov). For information obtain a TIN from the Internal Revenue competition as follows: CFDA number (including dates and times) about how Service. If you are an individual, you 84.325K. to submit your application can obtain a TIN from the Internal Individuals with disabilities can electronically, or in paper format by Revenue Service or the Social Security obtain a copy of the application package mail or hand delivery if you qualify for Administration. If you need a new TIN, in an accessible format (e.g., braille, an exception to the electronic please allow 2–5 weeks for your TIN to large print, audiotape, or compact disc) submission requirement, please refer to become active. by contacting the person or team listed section IV. 7. Other Submission The SAM registration process can take under Accessible Format in section VIII Requirements of this notice. approximately seven business days, but of this notice. We do not consider an application may take upwards of several weeks, 2. Content and Form of Application that does not comply with the deadline depending on the completeness and Submission: Requirements concerning requirements. accuracy of the data entered into the the content of an application, together Individuals with disabilities who SAM database by an entity. Thus, if you with the forms you must submit, are in need an accommodation or auxiliary aid think you might want to apply for the application package for this in connection with the application Federal financial assistance under a competition. process should contact the person listed program administered by the Page Limit: The application narrative under FOR FURTHER INFORMATION Department, please allow sufficient time (Part III of the application) is where you, CONTACT in section VII of this notice. If to obtain and register your DUNS the applicant, address the selection the Department provides an number and TIN. We strongly criteria that reviewers use to evaluate accommodation or auxiliary aid to an recommend that you register early. your application. You must limit Part III individual with a disability in Note: Once your SAM registration is active, to no more than 50 pages, using the connection with the application you will need to allow 24 to 48 hours for the following standards: process, the individual’s application information to be available in Grants.gov and
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63098 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
before you can submit an application through Intervention, and Related Services Assistance (SF 424), the Department of Grants.gov. competition at www.Grants.gov. You Education Supplemental Information for If you are currently registered with must search for the downloadable SF 424, Budget Information—Non- SAM, you may not need to make any application package for this program by Construction Programs (ED 524), and all the CFDA number. Do not include the necessary assurances and certifications. changes. However, please make certain • that the TIN associated with your DUNS CFDA number’s alpha suffix in your You must upload any narrative number is correct. Also note that you search (e.g., search for 84.325, not sections and all other attachments to will need to update your registration 84.325K). your application as files in a PDF Please note the following: (Portable Document) read-only, non- annually. This may take three or more • business days. When you enter the Grants.gov site, modifiable format. Do not upload an Information about SAM is available at you will find information about interactive or fillable PDF file. If you submitting an application electronically www.SAM.gov. To further assist you upload a file type other than a read- through the site, as well as the hours of with obtaining and registering your only, non-modifiable PDF or submit a operation. password-protected file, we will not DUNS number and TIN in SAM or • Applications received by Grants.gov updating your existing SAM account, review that material. Additional, are date and time stamped. Your detailed information on how to attach we have prepared a SAM.gov tip sheet, application must be fully uploaded and which you can find at: http://www2.ed. files is in the application instructions. submitted and must be date and time • Your electronic application must gov/fund/grant/apply/sam-faqs.html. stamped by the Grants.gov system no comply with any page-limit In addition, if you are submitting your later than 4:30:00 p.m., Washington, DC requirements described in this notice. application via Grants.gov, you must (1) time, on the application deadline date. • After you electronically submit be designated by your organization as an Except as otherwise noted in this your application, you will receive from Authorized Organization Representative section, we will not accept your Grants.gov an automatic notification of (AOR); and (2) register yourself with application if it is received—that is, date receipt that contains a Grants.gov Grants.gov as an AOR. Details on these and time stamped by the Grants.gov tracking number. (This notification steps are outlined at the following system—after 4:30:00 p.m., Washington, indicates receipt by Grants.gov only, not Grants.gov Web page: www.grants.gov/ DC time, on the application deadline receipt by the Department.) The web/grants/register.html. date. We do not consider an application Department then will retrieve your 7. Other Submission Requirements: that does not comply with the deadline application from Grants.gov and send a Applications for grants under this requirements. When we retrieve your second notification to you by email. competition must be submitted application from Grants.gov, we will This second notification indicates that electronically unless you qualify for an notify you if we are rejecting your the Department has received your exception to this requirement in application because it was date and time application and has assigned your accordance with the instructions in this stamped by the Grants.gov system after application a PR/Award number (an ED- section. 4:30:00 p.m., Washington, DC time, on specified identifying number unique to a. Electronic Submission of the application deadline date. your application). Applications. • The amount of time it can take to • We may request that you provide us Applications for grants under the upload an application will vary original signatures on forms at a later Personnel Preparation in Special depending on a variety of factors, date. Education, Early Intervention, and including the size of the application and Application Deadline Date Extension Related Services competition, CFDA the speed of your Internet connection. in Case of Technical Issues with the number 84.325K, must be submitted Therefore, we strongly recommend that Grants.gov System: If you are electronically using the you do not wait until the application experiencing problems submitting your Governmentwide Grants.gov Apply site deadline date to begin the submission application through Grants.gov, please at www.Grants.gov. Through this site, process through Grants.gov. contact the Grants.gov Support Desk, you will be able to download a copy of • You should review and follow the toll free, at 1–800–518–4726. You must the application package, complete it Education Submission Procedures for obtain a Grants.gov Support Desk Case offline, and then upload and submit submitting an application through Number and must keep a record of it. your application. You may not email an Grants.gov that are included in the If you are prevented from electronic copy of a grant application to application package for this competition electronically submitting your us. to ensure that you submit your application on the application deadline We will reject your application if you application in a timely manner to the date because of technical problems with submit it in paper format unless, as Grants.gov system. You can also find the the Grants.gov system, we will grant you described elsewhere in this section, you Education Submission Procedures an extension until 4:30:00 p.m., qualify for one of the exceptions to the pertaining to Grants.gov under News Washington, DC time, the following electronic submission requirement and and Events on the Department’s G5 business day to enable you to transmit submit, no later than two weeks before system home page at www.G5.gov. your application electronically or by the application deadline date, a written • You will not receive additional hand delivery. You also may mail your statement to the Department that you point value because you submit your application by following the mailing qualify for one of these exceptions. application in electronic format, nor instructions described elsewhere in this Further information regarding will we penalize you if you qualify for notice. calculation of the date that is two weeks an exception to the electronic If you submit an application after before the application deadline date is submission requirement, as described 4:30:00 p.m., Washington, DC time, on provided later in this section under elsewhere in this section, and submit the application deadline date, please Exception to Electronic Submission your application in paper format. contact the person listed under FOR Requirement. • You must submit all documents FURTHER INFORMATION CONTACT in You may access the electronic grant electronically, including all information section VII of this notice and provide an application for the Personnel you typically provide on the following explanation of the technical problem Preparation in Special Education, Early forms: The Application for Federal you experienced with Grants.gov, along
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63099
with the Grants.gov Support Desk Case may mail (through the U.S. Postal (2) The Application Control Center Number. We will accept your Service or a commercial carrier) your will mail to you a notification of receipt application if we can confirm that a application to the Department. You of your grant application. If you do not technical problem occurred with the must mail the original and two copies receive this notification within 15 Grants.gov system and that that problem of your application, on or before the business days from the application affected your ability to submit your application deadline date, to the deadline date, you should call the U.S. application by 4:30:00 p.m., Department at the following address: Department of Education Application Washington, DC time, on the U.S. Department of Education, Control Center at (202) 245–6288. application deadline date. The Application Control Center, Attention: V. Application Review Information Department will contact you after a (CFDA Number 84.325K), LBJ Basement determination is made on whether your Level 1, 400 Maryland Avenue SW., 1. Selection Criteria: The selection application will be accepted. Washington, DC 20202–4260. criteria for this competition are from 34 CFR 75.210 and are listed in the Note: The extensions to which we refer in You must show proof of mailing consisting of one of the following: application package. this section apply only to the unavailability 2. Review and Selection Process: We of, or technical problems with, the Grants.gov (1) A legibly dated U.S. Postal Service system. We will not grant you an extension postmark. remind potential applicants that in if you failed to fully register to submit your (2) A legible mail receipt with the reviewing applications in any application to Grants.gov before the date of mailing stamped by the U.S. discretionary grant competition, the application deadline date and time or if the Postal Service. Secretary may consider, under 34 CFR technical problem you experienced is (3) A dated shipping label, invoice, or 75.217(d)(3), the past performance of the unrelated to the Grants.gov system. receipt from a commercial carrier. applicant in carrying out a previous Exception to Electronic Submission (4) Any other proof of mailing award, such as the applicant’s use of Requirement: You qualify for an acceptable to the Secretary of the U.S. funds, achievement of project exception to the electronic submission Department of Education. objectives, and compliance with grant requirement, and may submit your If you mail your application through conditions. The Secretary may also application in paper format, if you are the U.S. Postal Service, we do not consider whether the applicant failed to unable to submit an application through accept either of the following as proof submit a timely performance report or the Grants.gov system because— of mailing: submitted a report of unacceptable • You do not have access to the (1) A private metered postmark. quality. (2) A mail receipt that is not dated by In addition, in making a competitive Internet; or the U.S. Postal Service. grant award, the Secretary also requires • You do not have the capacity to If your application is postmarked after various assurances including those upload large documents to the the application deadline date, we will applicable to Federal civil rights laws Grants.gov system; not consider your application. that prohibit discrimination in programs and Note: The U.S. Postal Service does not or activities receiving Federal financial • No later than two weeks before the uniformly provide a dated postmark. Before assistance from the Department of application deadline date (14 calendar relying on this method, you should check Education (34 CFR 100.4, 104.5, 106.4, days or, if the fourteenth calendar day with your local post office. 108.8, and 110.23). before the application deadline date c. Submission of Paper Applications 3. Additional Review and Selection falls on a Federal holiday, the next by Hand Delivery. Process Factors: In the past, the business day following the Federal If you qualify for an exception to the Department has had difficulty finding holiday), you mail or fax a written electronic submission requirement, you peer reviewers for certain competitions statement to the Department, explaining (or a courier service) may deliver your because so many individuals who are which of the two grounds for an paper application to the Department by eligible to serve as peer reviewers have exception prevent you from using the hand. You must deliver the original and conflicts of interest. The standing panel Internet to submit your application. two copies of your application by hand, requirements under section 682(b) of If you mail your written statement to on or before the application deadline IDEA also have placed additional the Department, it must be postmarked date, to the Department at the following constraints on the availability of no later than two weeks before the address: U.S. Department of Education, reviewers. Therefore, the Department application deadline date. If you fax Application Control Center, Attention: has determined that for some your written statement to the (CFDA Number 84.325K), 550 12th discretionary grant competitions, Department, we must receive the faxed Street SW., Room 7039, Potomac Center applications may be separated into two statement no later than two weeks Plaza, Washington, DC 20202–4260. or more groups and ranked and selected before the application deadline date. The Application Control Center for funding within specific groups. This Address and mail or fax your accepts hand deliveries daily between procedure will make it easier for the statement to: Mary Ann McDermott, 8:00 a.m. and 4:30:00 p.m., Washington, Department to find peer reviewers by U.S. Department of Education, 400 DC time, except Saturdays, Sundays, ensuring that greater numbers of Maryland Avenue SW., Room 4062, and Federal holidays. individuals who are eligible to serve as Potomac Center Plaza (PCP), Note for Mail or Hand Delivery of reviewers for any particular group of Washington, DC 20202–2600. FAX: Paper Applications: If you mail or hand applicants will not have conflicts of (202) 245–7617. deliver your application to the interest. It also will increase the quality, Your paper application must be Department— independence, and fairness of the submitted in accordance with the mail (1) You must indicate on the envelope review process, while permitting panel or hand delivery instructions described and—if not provided by the members to review applications under in this notice. Department—in Item 11 of the SF 424 discretionary grant competitions for b. Submission of Paper Applications the CFDA number, including suffix which they also have submitted by Mail. letter, if any, of the competition under applications. However, if the If you qualify for an exception to the which you are submitting your Department decides to select an equal electronic submission requirement, you application; and number of applications in each group
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63100 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
for funding, this may result in different fund/grant/apply/appforms/ 5. Continuation Awards: In making a cut-off points for fundable applications appforms.html. continuation award, the Secretary may in each group. (c) The Secretary may provide a consider, under 34 CFR 75.253, the 4. Special Conditions: Under current grantee with additional funding for data extent to which a grantee has made 34 CFR 74.14 and 80.12 and, when collection analysis and reporting. In this ‘‘substantial progress toward meeting grants are made under this NIA, 2 CFR case the Secretary establishes a data the objectives in its approved 3574.10, the Secretary may impose collection period. application.’’ This consideration specific conditions and, in appropriate 4. Performance Measures: Under the includes the review of a grantee’s circumstances, high risk conditions on a Government Performance and Results progress in meeting the targets and grant if the applicant or grantee is not Act of 1993 (GPRA), the Department has projected outcomes in its approved financially stable; has a history of established a set of performance application, and whether the grantee unsatisfactory performance; has a measures, including long-term has expended funds in a manner that is financial or other management system measures, that are designed to yield consistent with its approved application that does not meet the standards in 34 information on various aspects of the and budget. In making a continuation CFR parts 74 or 80, as applicable or, effectiveness and quality of the grant, the Secretary also considers when grants are awarded, the standards Personnel Development to Improve whether the grantee is operating in in 2 CFR part 200, subpart D; has not Services and Results for Children with compliance with the assurances in its fulfilled the conditions of a prior grant; Disabilities Program. These measures approved application, including those or is otherwise not responsible. include: (1) The percentage of Special applicable to Federal civil rights laws VI. Award Administration Information Education Personnel Development that prohibit discrimination in programs projects that incorporate evidence-based or activities receiving Federal financial 1. Award Notices: If your application practices into their curriculum; (2) the assistance from the Department (34 CFR is successful, we notify your U.S. percentage of scholars completing 100.4, 104.5, 106.4, 108.8, and 110.23). Representative and U.S. Senators and Special Education Personnel send you a Grant Award Notification VII. Agency Contacts Development-funded programs who are (GAN); or we may send you an email knowledgeable and skilled in evidence- For Further Information Contact: See containing a link to access an electronic based practices for infants, toddlers, chart in the Award Information section version of your GAN. We may notify children, and youth with disabilities; (3) in this notice for the name, room you informally, also. number, telephone number, and email If your application is not evaluated or the percentage of Special Education address of the contact person for each not selected for funding, we notify you. Personnel Development-funded scholars Focus Area of this competition. You can 2. Administrative and National Policy who exit preparation programs prior to write to the Focus Area contact person Requirements: We identify completion due to poor academic at the following address: U.S. administrative and national policy performance; (4) the percentage of Department of Education, 400 Maryland requirements in the application package Special Education Personnel Avenue SW., Potomac Center Plaza and reference these and other Development-funded degree/ (PCP), Washington, DC 20202–2600. requirements in the Applicable certification recipients who are working Regulations section of this notice. in the area(s) for which they were If you use a TDD or a TTY, call the We reference the regulations outlining prepared upon program completion; (5) Federal Relay Service (FRS), toll free, at the terms and conditions of an award in the percentage of Special Education 1–800–877–8339. Personnel Development-funded degree/ the Applicable Regulations section of VIII. Other Information this notice and include these and other certification recipients who are working specific conditions in the GAN. The in the area(s) for which they were Accessible Format: Individuals with GAN also incorporates your approved prepared upon program completion and disabilities can obtain this document application as part of your binding who are fully qualified under IDEA; (6) and a copy of the application package in commitments under the grant. the percentage of Special Education an accessible format (e.g., braille, large 3. Reporting: (a) If you apply for a Personnel Development degree/ print, audiotape, or compact disc) by grant under this competition, you must certification recipients who maintain contacting the Grants and Contracts ensure that you have in place the employment in the area(s) for which Services Team, U.S. Department of necessary processes and systems to they were prepared for three or more Education, 400 Maryland Avenue SW., comply with the reporting requirements years and who are fully qualified under Room 5075, PCP, Washington, DC in 2 CFR part 170 should you receive IDEA; and (7) the Federal cost per fully 20202–2550. Telephone: (202) 245– funding under the competition. This qualified degree/certification recipient. 7363. If you use a TDD or a TTY, call does not apply if you have an exception In addition, the Department will be the FRS, toll free, at 1–800–877–8339. under 2 CFR 170.110(b). gathering information on the following Electronic Access to This Document: (b) At the end of your project period, outcome measures: (1) The number and The official version of this document is you must submit a final performance percentage of degree/certification the document published in the Federal report, including financial information, recipients who are employed in high- Register. Free Internet access to the as directed by the Secretary. If you need schools; (2) the number and official edition of the Federal Register receive a multi-year award, you must percentage of degree/certification and the Code of Federal Regulations is submit an annual performance report recipients who are employed in a school available via the Federal Digital System that provides the most current for at least three years; and (3) the at: www.gpo.gov/fdsys. At this site you performance and financial expenditure number and percentage of degree/ can view this document, as well as all information as directed by the Secretary certification recipients whose employers other documents of this Department under 34 CFR 75.118. The Secretary are satisfied with the performance of the published in the Federal Register, in may also require more frequent individuals. text or Adobe Portable Document performance reports under 34 CFR Grantees may be asked to participate Format (PDF). To use PDF you must 75.720(c). For specific requirements on in assessing and providing information have Adobe Acrobat Reader, which is reporting, please go to www.ed.gov/ on these aspects of program quality. available free at the site.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63101
You may also access documents of the allowable activities specified in the early intervention, and related services Department published in the Federal statute (see sections 662 and 681 of the professionals who will work in a variety Register by using the article search Individuals with Disabilities Education of educational settings and provide feature at: www.federalregister.gov. Act (IDEA)). services directly to children and youth Specifically, through the advanced Absolute Priority: For FY 2015 and with disabilities. These leaders also search feature at this site, you can limit any subsequent year in which we make conduct research to increase the your search to documents published by awards from the list of unfunded knowledge of effective interventions the Department. applicants from this competition, this and services for these children (Smith et Dated: October 17, 2014. priority is an absolute priority. Under 34 al., 2010). State and local agencies also need Michael K. Yudin, CFR 75.105(c)(3), we consider only applications that meet this priority. leadership personnel who are prepared Acting Assistant Secretary for Special This priority is: at the graduate level (i.e., master’s, Education and Rehabilitative Services. education specialist, and doctoral [FR Doc. 2014–25182 Filed 10–21–14; 8:45 am] Preparation of Special Education, Early degrees, depending on State BILLING CODE 4000–01–P Intervention, and Related Services certification requirements) to fill special Leadership Personnel education and early intervention Background administrator positions. These DEPARTMENT OF EDUCATION administrators supervise and evaluate The purpose of the Preparation of the implementation of evidence-based Applications for New Awards; Special Education, Early Intervention, instructional programs to make sure that Personnel Development To Improve and Related Services Leadership Services and Results for Children With State or local agencies are meeting the Personnel priority is to support pre- needs of children with disabilities. Disabilities—Preparation of Special existing programs that prepare special Education, Early Intervention, and Administrators also ensure that schools education, early intervention, and and programs meet Federal, State, and Related Services Leadership related services personnel at the Personnel local requirements for special graduate level who are well-qualified education, early intervention, and for, and can act effectively in, AGENCY: Office of Special Education and related services (Lashley & Boscardin, Rehabilitative Services, Department of leadership positions in universities, 2003). Education. State educational agencies (SEAs), lead Federal support can increase the agencies (LAs), local educational ACTION: Notice. supply of personnel who have the agencies (LEAs), early intervention necessary knowledge and skills to services programs (EIS programs), or Overview Information assume leadership positions in special schools. education, early intervention, and Personnel Development To Improve There is a well-documented need for related services in universities, SEAs, Services and Results for Children With leadership personnel who are prepared LAs, LEAs, EIS programs, or schools. Disabilities—Preparation of Special at the doctoral and postdoctoral levels Critical competencies for special Education, Early Intervention, and to fill faculty and leadership positions education, early intervention, and Related Services Leadership Personnel in special education, early intervention, related services personnel vary Notice inviting applications for new and related services (Sindelar & Taylor, depending on the type of personnel and awards for fiscal year (FY) 2015. 1988; Smith & Lovett, 1987; Smith, the requirements of the preparation Montrosse, Robb, Tyler, & Young, 2011; program but can include, for example, Catalog of Federal Domestic Assistance Smith, Pion, & Tyler, 2004; Smith, Robb, (CFDA) Number: 84.325D. skills needed for postsecondary West, & Tyler, 2010; Woods & Snyder, instruction, administration, policy DATES: 2009). In the report, Assessing Trends in development, professional practice, Applications Available: October 22, Leadership: Special Education’s leadership, or research. However, all 2014. Capacity to Produce a Highly Qualified leadership personnel need to have Deadline for Transmittal of Workforce, Smith et al. (2011) stated: current knowledge of effective Applications: December 12, 2014. Although the field has faced a interventions and services that improve Deadline for Intergovernmental consistent shortage of faculty, the Review: February 10, 2015. outcomes for children with disabilities, predicted supply/demand imbalance is including high-need children with Full Text of Announcement of historic proportions. To meet disabilities.1 projected demand, the nation’s doctoral I. Funding Opportunity Description programs will need to produce over six Priority Purpose of Program: The purposes of times the current number of SE [special The purpose of the Preparation of this program are to (1) help address education] doctoral graduates. * * * Special Education, Early Intervention, State-identified needs for personnel Unless abated, this shortage will impair and Related Services Leadership preparation in special education, related the field’s capacity to generate new Personnel priority is to support pre- services, early intervention, and regular knowledge and produce a sufficient existing graduate degree programs and education to work with children, number of SE teacher educators who postdoctoral learning experiences that including infants and toddlers, with can in turn produce enough well- prepare special education, early disabilities; and (2) ensure that those prepared teachers to meet the needs of intervention, and related services personnel have the necessary skills and students with disabilities and their personnel who are well-qualified for, knowledge, derived from practices that families. (p. 38) and can act effectively in, leadership have been determined through Moreover, Smith et al. (2011) report positions in universities, SEAs, LAs, scientifically based research and that some special education doctoral LEAs, EIS programs, or schools. This experience, to be successful in serving programs anticipate 1⁄2 to 2⁄3 of their priority supports two types of programs: those children. faculty will retire in the next six years. Priority: In accordance with 34 CFR These leaders teach evidence-based 1 For a definition of ‘‘high-need children with 75.105(b)(2)(iv), this priority is from practices to future special education, disabilities,’’ please see footnote 2.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63102 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Type A programs are designed to need children with disabilities.2 To including any empirical support, that prepare special education, early address this requirement, the applicant will promote the acquisition of the intervention, or related services must— identified competencies needed by personnel to serve as higher education (i) Present appropriate and applicable leadership personnel and, where faculty. Type A programs culminate in national, State, or regional data applicable, how these competencies a doctoral degree or provide demonstrating the need for the relate to the project’s specialized postdoctoral learning opportunities. leadership personnel the applicant preparation area. Note: Preparation programs that lead to proposes to prepare; and (b) Demonstrate, in the narrative clinical doctoral degrees in related services (ii) Present data on the effectiveness section of the application under (e.g., a Doctor of Audiology (AuD) degree or of the graduate program to date in areas ‘‘Quality of the Project Services,’’ how— Doctor of Physical Therapy (DPT) degree) are such as: The effectiveness of program (1) The project will recruit and not included in this priority. These types of graduates as educators of teachers, support high-quality scholars. The preparation programs are eligible to apply for service providers, or administrators, narrative must— funding under the Personnel Preparation in including any results from evaluating (i) Describe the selection criteria the Special Education, Early Intervention, and the impact of those teachers, service applicant will use to identify high- Related Services priority (CFDA 84.325K) providers, or administrators on the that the Office of Special Education Programs quality applicants for admission in the outcomes of children with disabilities; (OSEP) intends to fund in FY 2015. program; the average amount of time it takes for Type B programs are designed to program graduates to complete the (ii) Describe the recruitment strategies prepare special education or early program; the percentage of program the applicant will use to attract high- intervention administrators to work in graduates finding employment directly quality applicants and any specific SEAs, LAs, LEAs, EIS programs or related to their preparation; and the recruitment strategies targeting high- providers, or schools. Type B programs professional accomplishments of quality applicants from traditionally prepare personnel for positions such as program graduates (e.g., public service, underrepresented groups, including SEA special education administrators, honors, or publications) that individuals with disabilities; and LEA or regional special education demonstrate their leadership in special (iii) Describe the approach the directors, school-based special education, early intervention, or related applicant will use to help all scholars, education directors, including those in services; and including individuals with disabilities, youth correctional facilities, preschool complete the program; and Note: Data on the effectiveness of a coordinators, and early intervention (2) The project is designed to promote coordinators. Type B programs graduate program should be no older than five years prior to the start date of the project the acquisition of the competencies culminate in a master’s, education proposed in the application. When reporting needed by leadership personnel to specialist, or doctoral degree or provide percentages, the denominator (i.e., the total administer programs or provide, or postdoctoral learning opportunities. number of students) must be provided. prepare others to provide, interventions Note: OSEP intends to fund in FY 2015 at (2) Scholar competencies to be and services that improve outcomes, least three high-quality applications acquired in the program relate to including college- and career-readiness proposing Type B programs and may fund knowledge and skills needed by the of children with disabilities. To address applications out of rank order. leadership personnel the applicant this requirement, the applicant must— Note: The preparation of school principals proposes to prepare, including (i) Describe how the components of is not included in this priority. knowledge of technologies designed to the project, such as coursework, Note: Applicants must identify the specific provide instruction. To address this internship or practicum experiences, program type, A or B, for which they are requirement, the applicant must— research requirements, and other applying for funding as part of the (i) Identify the competencies needed opportunities provided to scholars to competition title on the application cover by leadership personnel in analyze data, critique research and sheet (SF form 424, item 15). Applicants may methodologies, and practice newly not submit the same proposal for more than postsecondary instruction, one program type. administration, policy development, acquired knowledge and skills, will professional practice, leadership, or enable the scholars to acquire the To be considered for funding under research in order to administer competencies needed by leadership the Preparation of Special Education, programs or provide, or prepare others personnel for postsecondary instruction, Early Intervention, and Related Services to provide, interventions and services administration, policy development, Leadership Personnel absolute priority, that improve outcomes of children with professional practice, leadership, or all program applicants must meet the disabilities, ages birth through 21, research in special education, early application requirements contained in including high-need children with intervention, or related services; the priority. All projects funded under disabilities; and (ii) Describe how the components of the absolute priority also must meet the (ii) Provide the conceptual framework the project are integrated in order to programmatic and administrative of the leadership preparation program, support the acquisition and requirements specified in the priority. enhancement of the identified The requirements of this priority are 2 For purposes of this priority, ‘‘high-need competencies needed by leadership as follows: children with disabilities’’ refers to children (ages personnel in special education, early (a) Demonstrate, in the narrative birth through 21, depending on the State) who are section of the application under eligible for services under IDEA, and who may be intervention, or related services; ‘‘Significance of the Project,’’ how— further disadvantaged and at risk of educational (iii) Describe how the components of (1) The project addresses national, failure because they: (1) Are living in poverty, (2) the project prepare scholars to are far below grade level, (3) are at risk of not administer programs or provide, or State, or regional needs for leadership graduating with a regular high school diploma on personnel to administer programs or time, (4) are homeless, (5) are in foster care, (6) have prepare others to provide, interventions provide, or prepare others to provide, been incarcerated, (7) are English learners, (8) are and services that improve outcomes, interventions and services that improve pregnant or parenting teenagers, (9) are new including college- and career-readiness, immigrants, (10) are migrant, or (11) are not on of children with disabilities in a variety outcomes of children with disabilities, track to being college- or career-ready by ages birth through 21, including high- graduation. of settings, including in high-need
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63103
LEAs,3 high-poverty schools,4 low- geographical boundaries of a high-need analysis courses required by the degree performing schools, including LEA; program and elective research methods, persistently lowest-achieving schools,5 (iv) Demonstrate, through a letter of evaluation methods, or data analysis priority schools (in the case of States support from the partnering agency, courses that have been completed by that have received the Department’s school, or program, a relationship with more than one student enrolled in the approval of a request for ESEA one or more high-need LEAs; publicly program in the last five years; and flexibility),6 and early childhood funded preschool programs, including (iii) For new coursework, proposed programs located within the Head Start programs, located within the syllabi; geographic boundaries of a high-need Note: Applicants for Type B programs LEA; or programs serving children 3 For purposes of this priority, the term ‘‘high- should provide a syllabus or syllabi for need LEA’’ means an LEA (a) that serves not fewer eligible for services under Part C or Part current or proposed courses that provide than 10,000 children from families with incomes B, section 619 of IDEA located within instruction on or permit practice with below the poverty line; or (b) for which not less the geographic boundaries of a high- research, and the methodological, statistical, than 20 percent of the children served by the LEA need LEA, that it has agreed to provide and practical considerations in the use of are from families with incomes below the poverty scholars with a high-quality internship data on early learning outcomes, student line. achievement, or growth in student 4 or practicum experience in a school in For purposes of this priority, the term ‘‘high- achievement to evaluate the effectiveness of poverty school’’ means a school in which at least a high-need LEA, publicly funded early intervention providers, related services 50 percent of students are eligible for free or preschool, or early intervention providers, teachers, or principals. reduced-price lunches under the Richard B. Russell program; National School Lunch Act or in which at least 50 (v) Describe how the project will use (2) Ensure that the proposed number percent of students are from low-income families as of scholars to be recruited into the determined using one of the criteria specified under resources, as appropriate, available section 1113(a)(5) of the Elementary and Secondary through technical assistance centers, program can graduate from the program Education Act of 1965, as amended (ESEA). For which may include centers funded by by the end of the grant’s project period. middle and high schools, eligibility may be the U.S. Department of Education; and The described scholar recruitment calculated on the basis of comparable data from (vi) Describe the approach that faculty strategies, including recruitment of feeder schools. Eligibility as a high-poverty school individuals with disabilities, the under this definition is determined on the basis of members will use to mentor scholars the most currently available data (www2.ed.gov/ with the goal of helping them acquire program components and their legislation/FedRegister/other/2010-4/ competencies needed by leadership sequence, and proposed budget must be 121510b.html). personnel and promote career goals in consistent with this project requirement; 5 For purposes of this priority, the term special education, early intervention, or (3) Ensure that the project will meet ‘‘persistently lowest-achieving schools’’ means, as related services. the requirements in 34 CFR 304.23, determined by the State— particularly those related to informing (a)(1) Any Title I school in improvement, (c) Demonstrate, in the narrative corrective action, or restructuring that— section of the application under all scholarship recipients of their (i) Is among the lowest-achieving five percent of ‘‘Quality of the Project Evaluation,’’ service obligation commitment. Failure Title I schools in improvement, corrective action, or how— by a grantee to properly meet these restructuring or the lowest-achieving five Title I (1) The applicant will evaluate the requirements is a violation of the grant schools in improvement, corrective action, or award that may result in sanctions, restructuring in the State, whichever number of effectiveness of the proposed leadership schools is greater; or project. The applicant must describe the including the grantee being liable for (ii) Is a high school that has had a graduation rate outcomes to be measured for both the returning any misused funds to the as defined in 34 CFR 200.19(b) that is less than 60 project and the scholars, particularly the department. Specifically, the grantee percent over a number of years; and acquisition of scholar competencies and must prepare, and ensure that each (2) Any secondary school that is eligible for, but their impact on the services provided by scholarship recipient sign, the following does not receive, Title I funds that— future teachers, service providers, or two documents: (i) Is among the lowest-achieving five percent of (i) A Pre-Scholarship Agreement prior secondary schools or the lowest-achieving five administrators; the evaluation secondary schools in the State that are eligible for, methodologies to be employed, to the scholar receiving a scholarship for but do not receive, Title I funds, whichever number including proposed instruments, data an eligible program (Office of of schools is greater; or collection methods, and possible Management and Budget (OMB) Control (ii) Is a high school that has had a graduation rate analyses; and the proposed standards or Number 1820–0686); and as defined in 34 CFR 200.19(b) that is less than 60 (ii) An Exit Certification immediately percent over a number of years. targets for determining effectiveness; upon the scholar leaving, completing, or (b) To identify the persistently lowest-achieving (2) The applicant will collect and use schools, a State must take into account both— data on current scholars and scholars otherwise exiting that program (OMB (i) The academic achievement of the ‘‘all who graduate from the program to Control Number 1820–0686); students’’ group in a school in terms of proficiency improve the proposed program on an (4) Ensure that prior approval from on the State’s assessments under section 1111(b)(3) ongoing basis; and the OSEP project officer will be of the ESEA in reading/language arts and obtained before admitting additional mathematics combined; and (3) The grantee will report the (ii) The school’s lack of progress on those evaluation results to OSEP in its annual scholars beyond the number of scholars assessments over a number of years in the ‘‘all and final performance reports. proposed in the application and before students’’ group. (d) Demonstrate, in the narrative transferring a scholar to another For the purposes of this priority, the Department under ‘‘Required Project Assurances,’’ preparation program funded by OSEP; considers schools that are identified as Tier I or Tier or appendices as directed, that the (5) Ensure that the project will meet II schools under the School Improvement Grants the statutory requirements in section Program (see 75 FR 66363) as part of a State’s following program requirements are approved FY 2009, FY 2010, FY 2011, or FY 2012 met. The applicant must— 662(e) through 662(h) of IDEA; application to be persistently lowest-achieving (1) Include in the application (6) Ensure that at least 65 percent of schools. A list of these Tier I and Tier II schools appendix— the total requested budget over the five can be found on the Department’s Web site at (i) Course syllabi for all coursework in years will be used for scholar support; www2.ed.gov/programs/sif/index.html. the major and any required coursework (7) Ensure that the institution will not 6 For purposes of this priority, the term ‘‘priority school’’ means a school that has been identified by for a minor; require scholars enrolled in the program the State as a priority school pursuant to the State’s (ii) Course syllabi for all research to work (e.g., as graduate assistants) as approved request for ESEA flexibility. methods, evaluation methods, or data a condition of receiving a scholarship,
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63104 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
unless the work is specifically related to P. T. Sindelar (Eds.), Critical Issues in Note: The regulations in 34 CFR part 86 the acquisition of scholars’ Special Education: Access, Diversity, and apply to institutions of higher education competencies and the requirements for Accountability (pp. 258–276). New York: (IHEs) only. completion of their personnel Pearson, Allyn, & Bacon. Smith, D. D., Robb, S. M., West, J., & Tyler, II. Award Information preparation program. This prohibition N. C. (2010). The changing education on work as a condition of receiving a landscape: How special education Type of Award: Discretionary grants. scholarship does not apply to the leadership preparation can make a Estimated Available Funds: The service obligation requirements in difference for teachers and their students Administration has requested section 662(h) of IDEA; with disabilities. Teacher Education and $83,700,000 for awards for the (8) Ensure that the budget includes Special Education, 33(1), 25–43. Personnel Development to Improve attendance of the project director at a Woods, J., & Snyder, P. (2009). Services and Results for Children with three-day project directors’ meeting in Interdisciplinary doctoral leadership Disabilities program for FY 2015, of Washington, DC, to occur during each training in early intervention. Infants & which we intend to use an estimated year of the project. The budget may also Young Children, 22(1), 32–34. $3,000,000 for this competition. The provide for the attendance of scholars at Waiver of Proposed Rulemaking: actual level of funding, if any, depends the same three-day project directors’ Under the Administrative Procedure Act on final congressional action. However, meetings in Washington, DC; (APA) (5 U.S.C. 553) the Department we are inviting applications to allow (9) Ensure that if the project maintains generally offers interested parties the enough time to complete the grant a Web site, relevant information and opportunity to comment on proposed process if Congress appropriates funds documents are in a format that meets priorities and requirements. Section for this program. government or industry-recognized 681(d) of IDEA, however, makes the Contingent upon the availability of standards for accessibility; and public comment requirements of the funds and the quality of applications, (10) Ensure that annual data will be APA inapplicable to the priority in this we may make additional awards in FY submitted on each scholar who receives notice. 2016 from the list of unfunded grant support. Applicants are applicants from this competition. encouraged to visit the Personnel Program Authority: 20 U.S.C. 1462 and Estimated Range of Awards: 1481. Development Program Scholar Data $225,000–$250,000 per year. Report Web site at: http:// Applicable Regulations: This notice Estimated Average Size of Awards: oseppdp.ed.gov for further information inviting applications (NIA) is being $237,500 per year. about this data collection requirement. published before the Department adopts Maximum Award: We will reject any Typically, data collection begins in the Uniform Administrative application that proposes a budget January of each year, and grantees are Requirements, Cost Principles, and exceeding $250,000 for a single budget notified by email about the data Audit Requirements in 2 CFR part 200. period of 12 months. The Assistant collection period for their grant. This We expect to publish interim final Secretary for Special Education and data collection must be submitted regulations that would adopt those Rehabilitative Services may change the electronically by the grantee and does requirements before December 26, 2014, maximum amount through a notice not supplant the annual grant and make those regulations effective on published in the Federal Register. performance report required of each that date. Because grants awarded under Estimated Number of Awards: 12. grantee for continuation funding (see 34 this NIA will likely be made after we adopt the requirements in 2 CFR part Note: The Department is not bound by any CFR 75.590). estimates in this notice. 200, we list as applicable regulations References both those that are currently effective Project Period: Up to 60 months. and those that will be effective at the Lashley, C., & Boscardin, M. L. (2003). III. Eligibility Information time we make the grants. Special education administration at the 1. Eligible Applicants: IHEs, private crossroads: Availability, licensure, and The current regulations follow: (a) nonprofit organizations. preparation of special education The Education Department General 2. Cost Sharing or Matching: This administrators. Gainesville, FL: Center on Administrative Regulations (EDGAR) in program does not require cost sharing or Personnel Studies in Special Education, 34 CFR parts 74, 75, 77, 79, 80, 81, 82, matching. University of Florida. Retrieved from 84, 86, 97, 98, and 99. (b) The Education www.coe.ufl.edu/copsse/docs/IB-8/1/IB- 3. Other General Requirements: Department debarment and suspension 8.pdf. (a) Recipients of funding under this regulations in 2 CFR part 3485. (c) The Sindelar, P. T., & Taylor, C. (1988). Supply program must make positive efforts to regulations for this program in 34 CFR and demand for doctoral personnel in employ and advance in employment part 304. special education and communication qualified individuals with disabilities disorders. Teacher Education and Special At the time we award grants under (see section 606 of IDEA). Education, 11, 162–167. this NIA, the following regulations will Smith, D. D., & Lovett, D. (1987). The supply (b) Each applicant for, and recipient and demand of special education faculty apply: (a) EDGAR in 34 CFR parts 75, of, funding under this program must members: Will the supply meet the 77, 79, 81, 82, 84, 86, 97, 98, and 99. (b) involve individuals with disabilities, or demand? Teacher Education and Special The Education Department debarment parents of individuals with disabilities Education, 11, 162–167. and suspension regulations as adopted ages birth through 26, in planning, Smith, D. D., Montrosse, B. E., Robb, S. M., in 2 CFR part 3485 and the Uniform implementing, and evaluating the Tyler, N. C., & Young, C. (2011). Assessing Administrative Requirements, Cost project (see section 682(a)(1)(A) of trends in leadership: Special education’s Principles, and Audit Requirements for IDEA). capacity to produce a highly qualified Federal Awards as adopted in 2 CFR workforce. Claremont, CA: IRIS@CGU, part 3474. (c) The regulations for this IV. Application and Submission Claremont Graduate University. Information Smith, D. D., Pion, G. M., & Tyler, N. C. program in 34 CFR part 304. (2004). Leadership personnel in special Note: The regulations in 34 CFR part 79 1. Address To Request Application education: Can persistent shortages be apply to all applicants except federally Package: You can obtain an application resolved? In A. M. Sorells, H. J., Rieth & recognized Indian tribes. package via the Internet or from the
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63105
Education Publications Center (ED and double-spacing requirement does Government’s primary registrant Pubs). To obtain a copy via the Internet, apply to all of Part III, the application database; use the following address: www.ed.gov/ narrative, including all text in charts, c. Provide your DUNS number and fund/grant/apply/grantapps/index.html. tables, figures, graphs, and screen shots. TIN on your application; and To obtain a copy from ED Pubs, write, We will reject your application if you d. Maintain an active SAM fax, or call the following: ED Pubs, U.S. exceed the page limit in the application registration with current information Department of Education, P.O. Box narrative section; or if you apply while your application is under review 22207, Alexandria, VA 22304. standards other than those specified in by the Department and, if you are Telephone, toll free: 1–877–433–7827. the application package. awarded a grant, during the project FAX: (703) 605–6794. If you use a 3. Submission Dates and Times: period. telecommunications device for the deaf Applications Available: October 22, You can obtain a DUNS number from (TDD) or a text telephone (TTY), call, 2014. Dun and Bradstreet. A DUNS number toll free: 1–877–576–7734. Deadline for Transmittal of can be created within one to two You can contact ED Pubs at its Web Applications: December 12, 2014. business days. site, also: www.EDPubs.gov or at its Applications for grants under this If you are a corporate entity, agency, email address: [email protected]. competition must be submitted institution, or organization, you can If you request an application from ED electronically using the Grants.gov obtain a TIN from the Internal Revenue Pubs, be sure to identify this program or Apply site (Grants.gov). For information Service. If you are an individual, you competition as follows: CFDA number (including dates and times) about how can obtain a TIN from the Internal 84.325D. to submit your application Revenue Service or the Social Security Individuals with disabilities can electronically, or in paper format by Administration. If you need a new TIN, obtain a copy of the application package mail or hand delivery if you qualify for please allow 2–5 weeks for your TIN to in an accessible format (e.g., braille, an exception to the electronic become active. large print, audiotape, or compact disc) submission requirement, please refer to The SAM registration process can take by contacting the person or team listed section IV. 7. Other Submission approximately seven business days, but under Accessible Format in section VIII Requirements of this notice. may take upwards of several weeks, of this notice. We do not consider an application depending on the completeness and 2. Content and Form of Application that does not comply with the deadline accuracy of the data entered into the Submission: Requirements concerning requirements. SAM database by an entity. Thus, if you the content of an application, together Individuals with disabilities who think you might want to apply for with the forms you must submit, are in need an accommodation or auxiliary aid Federal financial assistance under a the application package for this in connection with the application program administered by the competition. process should contact the person listed Department, please allow sufficient time Page Limit: The application narrative under FOR FURTHER INFORMATION to obtain and register your DUNS (Part III of the application) is where you, CONTACT in section VII of this notice. If number and TIN. We strongly the applicant, address the selection the Department provides an recommend that you register early. criteria that reviewers use to evaluate accommodation or auxiliary aid to an your application. You must limit Part III individual with a disability in Note: Once your SAM registration is active, to no more than 50 pages, using the connection with the application you will need to allow 24 to 48 hours for the information to be available in Grants.gov and following standards: process, the individual’s application • ″ ″ before you can submit an application through A ‘‘page’’ is 8.5 x 11 , on one side remains subject to all other Grants.gov. only, with 1″ margins at the top, bottom, requirements and limitations in this and both sides. notice. If you are currently registered with • Double-space (no more than three Deadline for Intergovernmental SAM, you may not need to make any lines per vertical inch) all text in the Review: February 10, 2015. changes. However, please make certain application narrative, including titles, 4. Intergovernmental Review: This that the TIN associated with your DUNS headings, footnotes, quotations, program is subject to Executive Order number is correct. Also note that you reference citations, and captions, as well 12372 and the regulations in 34 CFR will need to update your registration as all text in charts, tables, figures, part 79. Information about annually. This may take three or more graphs, and screen shots. Intergovernmental Review of Federal business days. • Use a font that is 12 point or larger. Programs under Executive Order 12372 Information about SAM is available at • Use one of the following fonts: is in the application package for this www.SAM.gov. To further assist you Times New Roman, Courier, Courier program. with obtaining and registering your New, or Arial. An application submitted 5. Funding Restrictions: We reference DUNS number and TIN in SAM or in any other font (including Times regulations outlining funding updating your existing SAM account, Roman or Arial Narrow) will not be restrictions in the Applicable we have prepared a SAM.gov Tip Sheet, accepted. Regulations section of this notice. which you can find at: http://www2.ed. The page limit and double-spacing 6. Data Universal Numbering System gov/fund/grant/apply/sam-faqs.html. requirement does not apply to Part I, the Number, Taxpayer Identification In addition, if you are submitting your cover sheet; Part II, the budget section, Number, and System for Award application via Grants.gov, you must (1) including the narrative budget Management: To do business with the be designated by your organization as an justification; Part IV, the assurances and Department of Education, you must— Authorized Organization Representative certifications; or the abstract (follow the a. Have a Data Universal Numbering (AOR); and (2) register yourself with guidance provided in the application System (DUNS) number and a Taxpayer Grants.gov as an AOR. Details on these package for completing the abstract), the Identification Number (TIN); steps are outlined at the following table of contents, the list of priority b. Register both your DUNS number Grants.gov Web page: www.grants.gov/ requirements, the resumes, the reference and TIN with the System for Award web/grants/register.html. list, the letters of support, or the Management (SAM) (formerly the 7. Other Submission Requirements: appendices. However, the page limit Central Contractor Registry (CCR)), the Applications for grants under this
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63106 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
competition must be submitted requirements. When we retrieve your second notification to you by email. electronically unless you qualify for an application from Grants.gov, we will This second notification indicates that exception to this requirement in notify you if we are rejecting your the Department has received your accordance with the instructions in this application because it was date and time application and has assigned your section. stamped by the Grants.gov system after application a PR/Award number (an ED- 4:30:00 p.m., Washington, DC time, on specified identifying number unique to a. Electronic Submission of the application deadline date. Applications your application). • The amount of time it can take to • We may request that you provide us Applications for grants under the upload an application will vary original signatures on forms at a later Preparation of Special Education, Early depending on a variety of factors, date. Intervention, and Related Services including the size of the application and Application Deadline Date Extension Leadership Personnel competition, the speed of your Internet connection. in Case of Technical Issues with the CFDA number 84.325D, must be Therefore, we strongly recommend that Grants.gov System: If you are submitted electronically using the you do not wait until the application experiencing problems submitting your Governmentwide Grants.gov Apply site deadline date to begin the submission application through Grants.gov, please at www.Grants.gov. Through this site, process through Grants.gov. • contact the Grants.gov Support Desk, you will be able to download a copy of You should review and follow the toll free, at 1–800–518–4726. You must the application package, complete it Education Submission Procedures for obtain a Grants.gov Support Desk Case offline, and then upload and submit submitting an application through Number and must keep a record of it. your application. You may not email an Grants.gov that are included in the If you are prevented from electronic copy of a grant application to application package for this competition electronically submitting your us. to ensure that you submit your application on the application deadline We will reject your application if you application in a timely manner to the date because of technical problems with submit it in paper format unless, as Grants.gov system. You can also find the described elsewhere in this section, you Education Submission Procedures the Grants.gov system, we will grant you qualify for one of the exceptions to the pertaining to Grants.gov under News an extension until 4:30:00 p.m., electronic submission requirement and and Events on the Department’s G5 Washington, DC time, the following submit, no later than two weeks before system home page at www.G5.gov. business day to enable you to transmit the application deadline date, a written • You will not receive additional your application electronically or by statement to the Department that you point value because you submit your hand delivery. You also may mail your qualify for one of these exceptions. application in electronic format, nor application by following the mailing Further information regarding will we penalize you if you qualify for instructions described elsewhere in this calculation of the date that is two weeks an exception to the electronic notice. before the application deadline date is submission requirement, as described If you submit an application after provided later in this section under elsewhere in this section, and submit 4:30:00 p.m., Washington, DC time, on Exception to Electronic Submission your application in paper format. the application deadline date, please Requirement. • You must submit all documents contact the person listed under FOR You may access the electronic grant electronically, including all information FURTHER INFORMATION CONTACT in application for the Preparation of you typically provide on the following section VII of this notice and provide an Special Education, Early Intervention, forms: The Application for Federal explanation of the technical problem and Related Services Leadership Assistance (SF 424), the Department of you experienced with Grants.gov, along Personnel competition at Education Supplemental Information for with the Grants.gov Support Desk Case www.Grants.gov. You must search for SF 424, Budget Information—Non- Number. We will accept your the downloadable application package Construction Programs (ED 524), and all application if we can confirm that a for this competition by the CFDA necessary assurances and certifications. technical problem occurred with the number. Do not include the CFDA • You must upload any narrative Grants.gov system and that that problem number’s alpha suffix in your search sections and all other attachments to affected your ability to submit your (e.g., search for 84.325, not 84.325D). your application as files in a PDF application by 4:30:00 p.m., Please note the following: (Portable Document) read-only, non- Washington, DC time, on the • When you enter the Grants.gov site, modifiable format. Do not upload an application deadline date. The you will find information about interactive or fillable PDF file. If you Department will contact you after a submitting an application electronically upload a file type other than a read- determination is made on whether your through the site, as well as the hours of only, non-modifiable PDF or submit a application will be accepted. operation. password-protected file, we will not • Note: The extensions to which we refer in Applications received by Grants.gov review that material. Additional, this section apply only to the unavailability are date and time stamped. Your detailed information on how to attach of, or technical problems with, the Grants.gov application must be fully uploaded and files is in the application instructions. system. We will not grant you an extension submitted and must be date and time • Your electronic application must if you failed to fully register to submit your stamped by the Grants.gov system no comply with any page-limit application to Grants.gov before the later than 4:30:00 p.m., Washington, DC requirements described in this notice. application deadline date and time or if the time, on the application deadline date. • After you electronically submit technical problem you experienced is Except as otherwise noted in this your application, you will receive from unrelated to the Grants.gov system. section, we will not accept your Grants.gov an automatic notification of Exception to Electronic Submission application if it is received—that is, date receipt that contains a Grants.gov Requirement: You qualify for an and time stamped by the Grants.gov tracking number. (This notification exception to the electronic submission system—after 4:30:00 p.m., Washington, indicates receipt by Grants.gov only, not requirement, and may submit your DC time, on the application deadline receipt by the Department.) The application in paper format, if you are date. We do not consider an application Department then will retrieve your unable to submit an application through that does not comply with the deadline application from Grants.gov and send a the Grants.gov system because—
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63107
• You do not have access to the (2) A mail receipt that is not dated by various assurances including those Internet; or the U.S. Postal Service. applicable to Federal civil rights laws • You do not have the capacity to If your application is postmarked after that prohibit discrimination in programs upload large documents to the the application deadline date, we will or activities receiving Federal financial Grants.gov system; not consider your application. assistance from the Department of and Education (34 CFR 100.4, 104.5, 106.4, • Note: The U.S. Postal Service does not No later than two weeks before the uniformly provide a dated postmark. Before 108.8, and 110.23). application deadline date (14 calendar relying on this method, you should check 3. Additional Review and Selection days or, if the fourteenth calendar day with your local post office. Process Factors: In the past, the before the application deadline date Department has had difficulty finding falls on a Federal holiday, the next c. Submission of Paper Applications by peer reviewers for certain competitions business day following the Federal Hand Delivery because so many individuals who are holiday), you mail or fax a written If you qualify for an exception to the eligible to serve as peer reviewers have statement to the Department, explaining electronic submission requirement, you conflicts of interest. The standing panel which of the two grounds for an (or a courier service) may deliver your requirements under section 682(b) of exception prevent you from using the paper application to the Department by IDEA also have placed additional Internet to submit your application. hand. You must deliver the original and constraints on the availability of If you mail your written statement to two copies of your application by hand, reviewers. Therefore, the Department the Department, it must be postmarked on or before the application deadline has determined that for some no later than two weeks before the date, to the Department at the following discretionary grant competitions, application deadline date. If you fax address: U.S. Department of Education, applications may be separated into two your written statement to the Application Control Center, Attention: or more groups and ranked and selected Department, we must receive the faxed (CFDA Number 84.325D), 550 12th for funding within specific groups. This statement no later than two weeks Street SW., Room 7039, Potomac Center procedure will make it easier for the before the application deadline date. Plaza, Washington, DC 20202–4260. Department to find peer reviewers by Address and mail or fax your The Application Control Center ensuring that greater numbers of statement to: Celia Rosenquist, U.S. accepts hand deliveries daily between individuals who are eligible to serve as Department of Education, 400 Maryland 8:00 a.m. and 4:30:00 p.m., Washington, reviewers for any particular group of Avenue SW., Room 4070, Potomac DC time, except Saturdays, Sundays, applicants will not have conflicts of Center Plaza (PCP), Washington, DC and Federal holidays. interest. It also will increase the quality, independence, and fairness of the 20202–2600. FAX: (202) 245–7617. Note for Mail or Hand Delivery of Paper Your paper application must be Applications: If you mail or hand deliver review process, while permitting panel submitted in accordance with the mail your application to the Department— members to review applications under or hand delivery instructions described (1) You must indicate on the envelope discretionary grant competitions for in this notice. and—if not provided by the Department—in which they also have submitted Item 11 of the SF 424 the CFDA number, applications. However, if the b. Submission of Paper Applications by including suffix letter, if any, of the Department decides to select an equal Mail competition under which you are submitting number of applications in each group If you qualify for an exception to the your application; and for funding, this may result in different (2) The Application Control Center will electronic submission requirement, you mail to you a notification of receipt of your cut-off points for fundable applications may mail (through the U.S. Postal grant application. If you do not receive this in each group. Service or a commercial carrier) your notification within 15 business days from the 4. Special Conditions: Under current application to the Department. You application deadline date, you should call 34 CFR 74.14 and 80.12 and, when must mail the original and two copies the U.S. Department of Education grants are made under this NIA, 2 CFR of your application, on or before the Application Control Center at (202) 245– 3574.10, the Secretary may impose application deadline date, to the 6288. specific conditions and, in appropriate Department at the following address: circumstances, high risk conditions on a V. Application Review Information U.S. Department of Education, grant if the applicant or grantee is not Application Control Center, Attention: 1. Selection Criteria: The selection financially stable; has a history of (CFDA Number 84.325D), LBJ Basement criteria for this program are from 34 CFR unsatisfactory performance; has a Level 1, 400 Maryland Avenue SW., 75.210 and are listed in the application financial or other management system Washington, DC 20202–4260. package. that does not meet the standards in 34 You must show proof of mailing 2. Review and Selection Process: We CFR parts 74 or 80, as applicable or, consisting of one of the following: remind potential applicants that in when grants are awarded, the standards (1) A legibly dated U.S. Postal Service reviewing applications in any in 2 CFR part 200, subpart D; has not postmark. discretionary grant competition, the fulfilled the conditions of a prior grant; (2) A legible mail receipt with the Secretary may consider, under 34 CFR or is otherwise not responsible. date of mailing stamped by the U.S. 75.217(d)(3), the past performance of the Postal Service. applicant in carrying out a previous VI. Award Administration Information (3) A dated shipping label, invoice, or award, such as the applicant’s use of 1. Award Notices: If your application receipt from a commercial carrier. funds, achievement of project is successful, we notify your U.S. (4) Any other proof of mailing objectives, and compliance with grant Representative and U.S. Senators and acceptable to the Secretary of the U.S. conditions. The Secretary may also send you a Grant Award Notification Department of Education. consider whether the applicant failed to (GAN); or we may send you an email If you mail your application through submit a timely performance report or containing a link to access an electronic the U.S. Postal Service, we do not submitted a report of unacceptable version of your GAN. We may notify accept either of the following as proof quality. you informally, also. of mailing: In addition, in making a competitive If your application is not evaluated or (1) A private metered postmark. grant award, the Secretary also requires not selected for funding, we notify you.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63108 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
2. Administrative and National Policy in the area(s) for which they were and a copy of the application package in Requirements: We identify prepared upon program completion; (5) an accessible format (e.g., braille, large administrative and national policy the percentage of Special Education print, audiotape, or compact disc) by requirements in the application package Personnel Development-funded degree/ contacting the Grants and Contracts and reference these and other certification recipients who are working Services Team, U.S. Department of requirements in the Applicable in the area(s) for which they were Education, 400 Maryland Avenue SW., Regulations section of this notice. prepared upon program completion and Room 5075, PCP, Washington, DC We reference the regulations outlining who are fully qualified under IDEA; (6) 20202–2550. Telephone: (202) 245– the terms and conditions of an award in the percentage of Special Education 7363. If you use a TDD or a TTY, call the Applicable Regulations section of Personnel Development degree/ the FRS, toll free, at 1–800–877–8339. this notice and include these and other certification recipients who maintain Electronic Access to This Document: specific conditions in the GAN. The employment in the area(s) for which The official version of this document is GAN also incorporates your approved they were prepared for three or more the document published in the Federal application as part of your binding years and who are fully qualified under Register. Free Internet access to the commitments under the grant. IDEA; and (7) the Federal cost per fully official edition of the Federal Register 3. Reporting: (a) If you apply for a qualified degree/certification recipient. and the Code of Federal Regulations is grant under this competition, you must In addition, the Department will be available via the Federal Digital System ensure that you have in place the gathering information on the following at: www.gpo.gov/fdsys. At this site you necessary processes and systems to outcome measures: (1) The number and can view this document, as well as all comply with the reporting requirements percentage of degree/certification other documents of this Department in 2 CFR part 170 should you receive recipients who are employed in high- published in the Federal Register, in funding under the competition. This need schools; (2) the number and text or Adobe Portable Document does not apply if you have an exception percentage of degree/certification Format (PDF). To use PDF you must under 2 CFR 170.110(b). recipients who are employed in a school have Adobe Acrobat Reader, which is (b) At the end of your project period, for at least three years; and (3) the available free at the site. you must submit a final performance number and percentage of degree/ You may also access documents of the report, including financial information, certification recipients who are rated as Department published in the Federal as directed by the Secretary. If you effective by their employers. Register by using the article search receive a multi-year award, you must Grantees may be asked to participate feature at: www.federalregister.gov. submit an annual performance report in assessing and providing information Specifically, through the advanced that provides the most current on these aspects of program quality. search feature at this site, you can limit performance and financial expenditure 5. Continuation Awards: In making a your search to documents published by information as directed by the Secretary continuation award, the Secretary may the Department. under 34 CFR 75.118. The Secretary consider, under 34 CFR 75.253, the may also require more frequent extent to which a grantee has made Dated: October 17, 2014. performance reports under 34 CFR ‘‘substantial progress toward meeting Michael K. Yudin, 75.720(c). For specific requirements on the objectives in its approved Acting Assistant Secretary for Special reporting, please go to www.ed.gov/ application.’’ This consideration Education and Rehabilitative Services. fund/grant/apply/appforms/ includes the review of a grantee’s [FR Doc. 2014–25188 Filed 10–21–14; 8:45 am] appforms.html. progress in meeting the targets and BILLING CODE 4000–01–P 4. Performance Measures: Under the projected outcomes in its approved Government Performance and Results application, and whether the grantee Act of 1993 (GPRA), the Department has has expended funds in a manner that is DEPARTMENT OF ENERGY established a set of performance consistent with its approved application measures, including long-term and budget. In making a continuation Environmental Management Site- measures, that are designed to yield grant, the Secretary also considers Specific Advisory Board, Northern New information on various aspects of the whether the grantee is operating in Mexico; Meeting effectiveness and quality of the compliance with the assurances in its AGENCY: Department of Energy. Personnel Development to Improve approved application, including those ACTION: Notice of open meeting. Services and Results for Children with applicable to Federal civil rights laws Disabilities Program. These measures that prohibit discrimination in programs SUMMARY: This notice announces a include: (1) The percentage of Special or activities receiving Federal financial meeting of the Environmental Education Personnel Development assistance from the Department (34 CFR Management Site-Specific Advisory projects that incorporate evidence-based 100.4, 104.5, 106.4, 108.8, and 110.23). Board (EM SSAB), Northern New practices into their curriculum; (2) the VII. Agency Contact Mexico. The Federal Advisory percentage of scholars completing Committee Act (Pub. L. 92–463, 86 Stat. Special Education Personnel FOR FURTHER INFORMATION CONTACT: 770) requires that public notice of this Development-funded programs who are Celia Rosenquist, U.S. Department of meeting be announced in the Federal knowledgeable and skilled in evidence- Education, 400 Maryland Avenue SW., Register. based practices for infants, toddlers, Room 4070, PCP, Washington, DC DATES: Wednesday, November 19, 2014, children, and youth with disabilities; (3) 20202–2600. Telephone: (202) 245– 1 p.m.–5:15 p.m. the percentage of Special Education 7373. Personnel Development-funded scholars If you use a TDD or a TTY, call the ADDRESSES: Ohkay Conference Center, who exit preparation programs prior to Federal Relay Service (FRS), toll free, at 68 New Mexico 291, San Juan Pueblo, completion due to poor academic 1–800–877–8339. New Mexico 87566. performance; (4) the percentage of FOR FURTHER INFORMATION CONTACT: Special Education Personnel VIII. Other Information Menice Santistevan, Northern New Development-funded degree/ Accessible Format: Individuals with Mexico Citizens’ Advisory Board certification recipients who are working disabilities can obtain this document (NNMCAB), 94 Cities of Gold Road,
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63109
Santa Fe, NM 87506. Phone (505) 995– of five minutes to present their of the meeting at the telephone number 0393; Fax (505) 989–1752 or Email: comments. listed above. Written statements may be [email protected]. Minutes: Minutes will be available by filed with the Board either before or SUPPLEMENTARY INFORMATION: Purpose of writing or calling Menice Santistevan at after the meeting. Individuals who wish the Board: The purpose of the Board is the address or phone number listed to make oral statements pertaining to to make recommendations to DOE–EM above. Minutes and other Board agenda items should contact Jennifer and site management in the areas of documents are on the Internet at: Woodard at the telephone number listed environmental restoration, waste http://www.nnmcab.energy.gov/ above. Requests must be received as management, and related activities. Issued at Washington, DC, on October 16, soon as possible prior to the meeting 2014. and reasonable provision will be made Tentative Agenda Amy Bodette, to include the presentation in the agenda. The Deputy Designated Federal 1:00 p.m. Call to Order by Deputy Committee Management Officer. Officer is empowered to conduct the Designated Federal Officer (DDFO), [FR Doc. 2014–25121 Filed 10–21–14; 8:45 am] Lee Bishop Establishment of a meeting in a fashion that will facilitate BILLING CODE 6405–01–P Quorum: Roll Call and Excused the orderly conduct of business. Absences, William Alexander Individuals wishing to make public comments will be provided a maximum Welcome and Introductions, Doug DEPARTMENT OF ENERGY Sayre, Chair Approval of Agenda of five minutes to present their and September 24, 2014, Meeting Environmental Management Site- comments. The EM SSAB, Paducah, Minutes Specific Advisory Board, Paducah; will hear public comments pertaining to 1:15 p.m. Old Business Meeting its scope (clean-up standards and • Written Reports environmental restoration; waste • Other items AGENCY: Department of Energy (DOE). management, and disposition; 1:45 p.m. New Business ACTION: Notice of open meeting. stabilization and disposition of non- 2:15 p.m. Update from DDFO, Lee stockpile nuclear materials; excess SUMMARY: This notice announces a Bishop facilities; future land use, and long-term meeting of the Environmental 2:45 p.m. Break stewardship; risk assessment and Management Site-Specific Advisory 3:00 p.m. Presentation on Waste management; and clean-up science and Board (EM SSAB), Paducah. The Isolation Pilot Plant Recovery Plan technology activities). Comments Federal Advisory Committee Act (Pub. (Tentative), TBD outside of the scope may be submitted L. No. 92–463, 86 Stat. 770) requires 4:00 p.m. Update from Liaisons via written statement as directed above. that public notice of this meeting be • Update from New Mexico Minutes: Minutes will be available by announced in the Federal Register. Environment Department, Secretary writing or calling Jennifer Woodard at Ryan Flynn DATES: Thursday, November 20, 2014, the address and phone number listed • Update from DOE, Pete Maggiore 6 p.m. above. Minutes will also be available at • Update from Los Alamos National ADDRESSES: Barkley Centre, 111 the following Web site: http://www. Laboratory, Randy Erickson Memorial Drive, Paducah, Kentucky pgdpcab.energy.gov/2014Meetings.html. 4:45 p.m. Public Comment Period 42001. Issued at Washington, DC, on October 16, 5:00 p.m. Wrap-Up and Comments FOR FURTHER INFORMATION CONTACT: 2014. from NNMCAB Members Jennifer Woodard, Deputy Designated Amy Bodette, 5:15 p.m. Adjourn, Lee Bishop Federal Officer, Department of Energy Committee Management Officer. Public Participation: The EM SSAB, Paducah Site Office, 1017 Majestic [FR Doc. 2014–25120 Filed 10–21–14; 8:45 am] Northern New Mexico, welcomes the Drive, Suite 200, Lexington, Kentucky BILLING CODE 6450–01–P attendance of the public at its advisory 40513, (270) 441–6820. committee meetings and will make SUPPLEMENTARY INFORMATION: every effort to accommodate persons Purpose of the Board: The purpose of DEPARTMENT OF ENERGY with physical disabilities or special the Board is to make recommendations Office of Energy Efficiency and needs. If you require special to DOE–EM and site management in the Renewable Energy accommodations due to a disability, areas of environmental restoration, please contact Menice Santistevan at waste management, and related [DE–FOA–0001187] least seven days in advance of the activities. meeting at the telephone number listed Hydrogen Transmission and Tentative Agenda above. Written statements may be filed Distribution Workshop Report: Public with the Board either before or after the • Call to Order, Introductions, Review Comment meeting. Individuals who wish to make of Agenda AGENCY: Office of Energy Efficiency and oral statements pertaining to agenda • Administrative Issues • Renewable Energy, Department of items should contact Menice Public Comments (15 minutes) • Adjourn Energy (DOE). Santistevan at the address or telephone ACTION: Notice of posting for public Breaks Taken As Appropriate number listed above. Requests must be comment, a Request for Information received five days prior to the meeting Public Participation: The EM SSAB, (RFI) on Hydrogen Transmission and and reasonable provision will be made Paducah, welcomes the attendance of Distribution Workshop Report. to include the presentation in the the public at its advisory committee agenda. The Deputy Designated Federal meetings and will make every effort to SUMMARY: The Department of Energy Officer is empowered to conduct the accommodate persons with physical (DOE), Office of Energy Efficiency and meeting in a fashion that will facilitate disabilities or special needs. If you Renewable Energy (EERE) invites public the orderly conduct of business. require special accommodations due to comment on its Request for Information Individuals wishing to make public a disability, please contact Jennifer (RFI) number DE–FOA–0001187 comments will be provided a maximum Woodard as soon as possible in advance regarding feedback on the summary
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63110 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
report for the Hydrogen Transmission subject to Congressional appropriations interested both in information on the and Distribution Workshop held at the and direction. current status of electrolytic hydrogen National Renewable Energy Laboratory Any information obtained as a result production pathways, technologies, and in February, 2014. The RFI document is of the RFI is intended to be used by the their potential to meet DOE cost goals as posted at https://eere- Government on a non-attribution basis well as feedback on the content of the exchange.energy.gov/. for planning and strategy development; report, including the key R&D needs as The purpose of this RFI is to solicit the RFI does not constitute a formal determined by the participants. EERE is feedback from industry, academia, solicitation for proposals or abstracts. also interested in the community’s research laboratories, government Responses to the RFI will be treated as opinion of the electrolysis technologies agencies, and other stakeholders on information only. EERE will review and that have the most potential to produce issues related to hydrogen transmission consider all responses in its formulation low cost hydrogen that meets DOE and distribution pathways, specifically of program strategies for the identified goals. with respect to the Hydrogen materials of interest that are the subject This is solely a Request for Transmission and Distribution of this request. EERE will not provide Information and not a Funding Workshop Report. EERE is interested reimbursement for costs incurred in Opportunity Announcement (FOA). both in information on the current responding to the RFI. Respondents are EERE is not accepting applications at status of transmission and distribution advised that EERE is under no this time. pathways, technologies and their obligation to acknowledge receipt of the DATES: Responses to the RFI must be potential to meet DOE cost goals as well information received or provide received on or before October 30th, 2014 as feedback on the content of the report, feedback to respondents with respect to at 5:00 p.m. ET. including the key R&D needs as any information submitted under the ADDRESSES: The complete RFI document determined by the participants. EERE is RFI. Responses to the RFI do not bind is located at https://eere- also interested in the community’s EERE to any further actions related to exchange.energy.gov/. opinion of the metrics and protocols for this topic. FOR FURTHER INFORMATION CONTACT: the given pathways that would most Issued in Washington, DC on October 16, Responses to the RFI and questions effectively aid in the determination of a 2014. should be sent via email or email technology’s potential to deliver low Sunita Satyapal, attachment to [email protected]. cost hydrogen that meets DOE goals. Director, Fuel Cell Technologies Office. Further instructions can be found in the This is solely a Request for [FR Doc. 2014–25140 Filed 10–21–14; 8:45 am] RFI document posted on EERE Information and not a Funding BILLING CODE 6450–01–P Exchange. Opportunity Announcement (FOA). EERE is not accepting applications at SUPPLEMENTARY INFORMATION: The RFI is this time. not a Funding Opportunity DEPARTMENT OF ENERGY Announcement (FOA); therefore, EERE DATES: Responses to the RFI must be is not accepting applications at this received on or before October 30th, 2014 Office of Energy Efficiency and time. EERE may issue a FOA in the at 5:00 p.m. ET. (DATES caption contains Renewable Energy future based on or related to the content information as how long a comment [DE–FOA–0001188] and responses to the RFI; however, period will be, or when any hearings EERE may also elect not to issue a FOA. will be held, etc. When calculation Electrolytic Hydrogen Production There is no guarantee that a FOA will dates, you can insert an instruction for Workshop Report: Public Comment be issued as a result of the RFI. the Federal Register office to tie the Responding to the RFI does not provide date to the date of publication.) AGENCY: Office of Energy Efficiency and Renewable Energy, Department of any advantage or disadvantage to ADDRESSES: The complete RFI document Energy (DOE). potential applicants if EERE chooses to is located at https://eere- issue a FOA regarding the subject exchange.energy.gov/. ACTION: Notice of posting for public comment, a Request for Information matter. Final details, including the FOR FURTHER INFORMATION: Responses to anticipated award size, quantity, and the RFI and questions should be sent via (RFI) on Electrolytic Hydrogen Production Workshop Report. timing of EERE funded awards, will be email or email attachment to subject to Congressional appropriations [email protected]. Further SUMMARY: The Department of Energy and direction. instruction can be found in the RFI (DOE), Office of Energy Efficiency and Any information obtained as a result document posted on EERE Exchange. Renewable Energy (EERE) invites public of the RFI is intended to be used by the SUPPLEMENTARY INFORMATION: The RFI is comment on its Request for Information Government on a non-attribution basis not a Funding Opportunity (RFI) number DE–FOA–0001188 for planning and strategy development; Announcement (FOA); therefore, EERE regarding feedback on the summary the RFI does not constitute a formal is not accepting applications at this report for the Electrolytic Hydrogen solicitation for proposals or abstracts. time. EERE may issue a FOA in the Production Workshop held at the Responses to the RFI will be treated as future based on or related to the content National Renewable Energy Laboratory information only. EERE will review and and responses to the RFI; however, in February, 2014. The RFI document is consider all responses in its formulation EERE may also elect not to issue a FOA. posted at https://eere- of program strategies for the identified There is no guarantee that a FOA will exchange.energy.gov/. materials of interest that are the subject be issued as a result of the RFI. The purpose of this RFI is to solicit of this request. EERE will not provide Responding to the RFI does not provide feedback from industry, academia, reimbursement for costs incurred in any advantage or disadvantage to research laboratories, government responding to the RFI. Respondents are potential applicants if EERE chooses to agencies, and other stakeholders on advised that EERE is under no issue a FOA regarding the subject issues related to electrolytic hydrogen obligation to acknowledge receipt of the matter. Final details, including the production pathways, specifically with information received or provide anticipated award size, quantity, and respect to the Electrolytic Hydrogen feedback to respondents with respect to timing of EERE funded awards, will be Production Workshop Report. EERE is any information submitted under the
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63111
RFI. Responses to the RFI do not bind Accession Number: 20141015–5056. Authorization to be effective EERE to any further actions related to Comments Due: 5 p.m. ET 11/5/14. 12/15/2014. this topic. Docket Numbers: ER15–96–000. Filed Date: 10/15/14. Issued in Washington, DC, on October 16, Applicants: Camden Plant Holding, Accession Number: 20141015–5076. 2014. L.L.C. Comments Due: 5 p.m. ET 11/5/14. Sunita Satyapal, Description: § 205(d) rate filing per Docket Numbers: ER15–103–001. Director, Fuel Cell Technologies Office. 35.13(a)(2)(iii): Market-Based Rate Tariff Applicants: Invenergy Nelson LLC. Revisions to be effective 10/16/2014. [FR Doc. 2014–25141 Filed 10–21–14; 8:45 am] Description: Tariff Amendment per Filed Date: 10/15/14. BILLING CODE 6450–01–P 35.17(b): Supplement to Application for Accession Number: 20141015–5057. Market-Based Rate Authorization to be Comments Due: 5 p.m. ET 11/5/14. effective 12/15/2014. DEPARTMENT OF ENERGY Docket Numbers: ER15–97–000. Filed Date: 10/15/14. Applicants: Dartmouth Power Accession Number: 20141015–5082. Federal Energy Regulatory Associates Limited Partnership. Comments Due: 5 p.m. ET 11/5/14. Commission Description: § 205(d) rate filing per Docket Numbers: ER15–104–000. 35.13(a)(2)(iii): Market-Based Rate Tariff Applicants: Midcontinent Combined Notice of Filings #2 Revisions to be effective 10/16/2014. Independent System Operator, Inc. Filed Date: 10/15/14. Take notice that the Commission Description: § 205(d) rate filing per Accession Number: 20141015–5058. 35.13(a)(2)(iii): 2014–10–15_SA 1503 received the following electric rate Comments Due: 5 p.m. ET 11/5/14. filings: NSP-Mankato GIA 1st Rev. (G261) to be Docket Numbers: ER15–98–000. Docket Numbers: ER10–2530–001. effective 10/16/2014. Applicants: Elmwood Park Power, Filed Date: 10/15/14. Applicants: Caprock Wind LLC. LLC. Description: Notice of Non-Material Accession Number: 20141015–5078. Description: § 205(d) rate filing per Comments Due: 5 p.m. ET 11/5/14. change in status of Caprock Wind LLC. 35.13(a)(2)(iii): Market-Based Rate Tariff Docket Numbers: ER15–105–000. Filed Date: 10/15/14. Revisions to be effective 10/16/2014. Applicants: PJM Interconnection, Accession Number: 20141015–5113. Filed Date: 10/15/14. Comments Due: 5 p.m. ET 11/5/14. Accession Number: 20141015–5059. L.L.C. Docket Numbers: ER15–91–000. Comments Due: 5 p.m. ET 11/5/14. Description: § 205(d) rate filing per Applicants: Brandon Shores LLC. 35.13(a)(2)(iii): Original Service Docket Numbers: ER15–99–000. Agreement No. 3982; Queue No. R52 to Description: § 205(d) rate filing per Applicants: Newark Bay Cogeneration 35.13(a)(2)(iii): Market-Based Rate Tariff be effective 9/15/2014. Partnership, L.P. Filed Date: 10/15/14. Revisions to be effective 10/16/2014. Description: § 205(d) rate filing per Accession Number: 20141015–5080. Filed Date: 10/15/14. 35.13(a)(2)(iii): Market-Based Rate Tariff Comments Due: 5 p.m. ET 11/5/14. Accession Number: 20141015–5052. Revisions to be effective 10/16/2014. Comments Due: 5 p.m. ET 11/5/14. Filed Date: 10/15/14. Docket Numbers: ER15–106–000. Docket Numbers: ER15–92–000. Accession Number: 20141015–5060. Applicants: Trans-Allegheny Applicants: C.P. Crane LLC. Comments Due: 5 p.m. ET 11/5/14. Interstate Line Company, West Penn Description: § 205(d) rate filing per Docket Numbers: ER15–100–000. Power Company, The Potomac Edison 35.13(a)(2)(iii): Market-Based Rate Tariff Applicants: Pedricktown Company, Monongahela Power Revisions to be effective 10/16/2014. Cogeneration Company LP. Company, Pennsylvania Electric Filed Date: 10/15/14. Description: § 205(d) rate filing per Company, PJM Interconnection, L.L.C. Accession Number: 20141015–5053. 35.13(a)(2)(iii): Market-Based Rate Tariff Description: § 205(d) rate filing per Comments Due: 5 p.m. ET 11/5/14. Revisions to be effective 10/16/2014. 35.13(a)(2)(iii): TrAILCo, West Penn Docket Numbers: ER15–93–000. Filed Date: 10/15/14. Power Company, The Potomac Edison Applicants: H.A. Wagner LLC. Accession Number: 20141015–5062. Company, Monongahela Power Description: § 205(d) rate filing per Comments Due: 5 p.m. ET 11/5/14. Company, Pennsylvania Electric 35.13(a)(2)(iii): Market-Based Rate Tariff Docket Numbers: ER15–101–000. Company and PJM Interconnection, Revisions to be effective 10/16/2014. Applicants: York Generation L.L.C. submit Service Agreements to be Filed Date: 10/15/14. Company LLC. effective 12/15/2014. Accession Number: 20141015–5054. Description: § 205(d) rate filing per Filed Date: 10/15/14. Comments Due: 5 p.m. ET 11/5/14. 35.13(a)(2)(iii): Market-Based Rate Tariff Accession Number: 20141015–5083. Docket Numbers: ER15–94–000. Revisions to be effective 10/16/2014. Comments Due: 5 p.m. ET 11/5/14. Applicants: Sapphire Power Filed Date: 10/15/14. Docket Numbers: ER15–107–000. Marketing LLC. Accession Number: 20141015–5064. Applicants: Tampa Electric Company. Description: § 205(d) rate filing per Comments Due: 5 p.m. ET 11/5/14. Description: Initial rate filing per _ _ 35.13(a)(2)(iii): Market-Based Rate Tariff Docket Numbers: ER15–102–000. 35.12 TEC Interconnection w Mosaic Revisions to be effective 10/16/2014. Applicants: TrailStone Power, LLC. South Pierce—RS FERC No. 99 to be Filed Date: 10/15/14. Description: § 205(d) rate filing per effective 8/30/2014. Accession Number: 20141015–5055. 35.13(a)(2)(iii): Market-Based Rate Tariff Filed Date: 10/15/14. Comments Due: 5 p.m. ET 11/5/14. Revisions to be effective 10/16/2014. Accession Number: 20141015–5120. Docket Numbers: ER15–95–000. Filed Date: 10/15/14. Comments Due: 5 p.m. ET 11/5/14. Applicants: Bayonne Plant Holding, Accession Number: 20141015–5065. Docket Numbers: ER15–108–000. L.L.C. Comments Due: 5 p.m. ET 11/5/14. Applicants: Tampa Electric Company. Description: § 205(d) rate filing per Docket Numbers: ER15–103–000. Description: Initial rate filing per 35.13(a)(2)(iii): Market-Based Rate Tariff Applicants: Invenergy Nelson LLC. 35.12 TEC Interconnection w_Mosaic_ Revisions to be effective 10/16/2014. Description: Initial rate filing per Plant City—RS FERC No. 100 to be Filed Date: 10/15/14. 35.12 Application for Market-Based Rate effective 8/30/2014.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63112 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Filed Date: 10/15/14. DEPARTMENT OF ENERGY Dated: October 15, 2014. Accession Number: 20141015–5122. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 11/5/14. Federal Energy Regulatory Deputy Secretary. Commission Docket Numbers: ER15–109–000. [FR Doc. 2014–25063 Filed 10–21–14; 8:45 am] Applicants: PJM Interconnection, Combined Notice of Filings BILLING CODE 6717–01–P L.L.C. Description: § 205(d) rate filing per Take notice that the Commission has DEPARTMENT OF ENERGY 35.13(a)(2)(iii): Original Service received the following Natural Gas Pipeline Rate and Refund Report filings: Agreement No. 3984; Queue No. R52A Federal Energy Regulatory to be effective 9/15/2014. Filings Instituting Proceedings Commission Filed Date: 10/15/14. Docket Numbers: RP15–49–000. Accession Number: 20141015–5124. Applicants: Lake Charles LNG Combined Notice of Filings #2 Comments Due: 5 p.m. ET 11/5/14. Company, LLC. Take notice that the Commission Docket Numbers: ER15–110–000. Description: Tariff Cancellation per received the following electric rate Applicants: Terra-Gen Energy 154.602: Cancel entire Third Revised filings: Volume No. 1–A to be effective 10/14/ Services, LLC. Docket Numbers: ER13–198–005. Description: Initial rate filing per 2014. Filed Date: 10/14/14. Applicants: PJM Interconnection, 35.12 MBR Application to be effective L.L.C. 11/15/2014. Accession Number: 20141014–5290. Comments Due: 5 p.m. ET 10/27/14. Description: Compliance filing per 35: Filed Date: 10/15/14. Compliance Filing per 9/12/2014 Accession Number: 20141015–5135. Any person desiring to intervene or protest in any of the above proceedings Order—Designated Entity Agreement to Comments Due: 5 p.m. ET 11/5/14. must file in accordance with Rules 211 be effective 1/1/2014. Take notice that the Commission and 214 of the Commission’s Filed Date: 10/14/14. received the following electric Regulations (18 CFR 385.211 and Accession Number: 20141014–5386. reliability filings: 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 11/4/14. Docket Numbers: RR14–6–001. time on the specified comment date. Docket Numbers: ER14–2426–001. Applicants: North American Electric Protests may be considered, but Applicants: PJM Interconnection, Reliability Corporation. intervention is necessary to become a L.L.C. Description: Request of the North party to the proceeding. Description: Compliance filing per 35: Compliance Filing per 9/12/2014 American Electric Reliability Filings in Existing Proceedings Corporation to Submit Revisions to the Order—Interconnection Coordination 2015 Budget and Assessments of Peak Docket Numbers: RP14–1208–001. Agreement to be effective 9/13/2014. Reliability, Inc. to Reflect Additional Applicants: Equitrans, L.P. Filed Date: 10/14/14. Revenues from British Columbia Hydro Description: Compliance filing per Accession Number: 20141014–5387. and Power Authority. 154.203: Compliance Filing–RCC Comments Due: 5 p.m. ET 11/4/14. Updates to be effective 10/1/2014. Filed Date: 10/14/14. Docket Numbers: ER15–61–000. Filed Date: 10/14/14. Applicants: PJM Interconnection, Accession Number: 20141014–5501. Accession Number: 20141014–5337. Comments Due: 5 p.m. ET 10/21/14. L.L.C., American Transmission Systems, Comments Due: 5 p.m. ET 10/27/14. Incorporation. The filings are accessible in the Docket Numbers: RP14–173–001. Description: Report Filing: Commission’s eLibrary system by Applicants: Discovery Gas Amendment to Compliance Filing under clicking on the links or querying the Transmission LLC. ER15–61–000 for Informational docket number. Description: Compliance filing per Purposes to be effective N/A. Any person desiring to intervene or 154.203: Compliance Filing to Remove Filed Date: 10/14/14. protest in any of the above proceedings Costs From Rates to be effective 10/15/ Accession Number: 20141014–5425. must file in accordance with Rules 211 2014. Comments Due: 5 p.m. ET 11/4/14. and 214 of the Commission’s Filed Date: 10/14/14. Docket Numbers: ER15–81–000. Regulations (18 CFR 385.211 and Accession Number: 20141014–5313. Applicants: Union Power Partners, 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 10/27/14. L.P. time on the specified comment date. Any person desiring to protest in any Description: § 205(d) rate filing per Protests may be considered, but of the above proceedings must file in 35.13(a)(2)(iii): Revised Rate Schedule intervention is necessary to become a accordance with Rule 211 of the Commission’s Regulations (18 CFR FERC No. 2 to be effective 1/1/2015. party to the proceeding. Filed Date: 10/14/14. eFiling is encouraged. More detailed § 385.211) on or before 5:00 p.m. Eastern time on the specified comment date. Accession Number: 20141014–5382. information relating to filing Comments Due: 5 p.m. ET 11/4/14. requirements, interventions, protests, The filings are accessible in the service, and qualifying facilities filings Commission’s eLibrary system by Docket Numbers: ER15–82–000. Applicants: Florida Power & Light can be found at: http://www.ferc.gov/ clicking on the links or querying the Company. docs-filing/efiling/filing-req.pdf. For docket number. Description: § 205(d) rate filing per other information, call (866) 208–3676 eFiling is encouraged. More detailed 35.13(a)(2)(iii): FPL Simultaneous (toll free). For TTY, call (202) 502–8659. information relating to filing requirements, interventions, protests, Submission Window Revisions to be Dated: October 15, 2014. service, and qualifying facilities filings effective 10/15/2014. Nathaniel J. Davis, Sr., can be found at: http://www.ferc.gov/ Filed Date: 10/14/14. Deputy Secretary. docs-filing/efiling/filing-req.pdf. For Accession Number: 20141014–5404. [FR Doc. 2014–25117 Filed 10–21–14; 8:45 am] other information, call (866) 208–3676 Comments Due: 5 p.m. ET 11/4/14. BILLING CODE 6717–01–P (toll free). For TTY, call (202) 502–8659. Docket Numbers: ER15–83–000.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63113
Applicants: TransCanada Power Filed Date: 10/14/14. Applicants: DTE Electric Company. Marketing Ltd. Accession Number: 20141014–5485. Description: Request for Limited Description: § 205(d) rate filing per Comments Due: 5 p.m. ET 11/4/14. Waiver of the MISO Open Access 35.13(a)(2)(iii): TCPM October 14 2014 Docket Numbers: ER14–2848–001. Transmission, Energy and Operating Compliance Filing to be effective 10/15/ Applicants: Liberty Utilities (Granite Reserve Markets Tariff of DTE Electric 2014. State Electric) Corp. Company. Filed Date: 10/14/14. Description: Tariff Amendment per Accession Number: 20141014–5432. 35.17(b): Borderline Sales Tariff Filed Date: 10/14/14. Comments Due: 5 p.m. ET 11/4/14. Amendment to be effective 5/1/2012. Accession Number: 20141014–5496. The filings are accessible in the Filed Date: 10/15/14. Comments Due: 5 p.m. ET 11/4/14. Commission’s eLibrary system by Accession Number: 20141015–5030. clicking on the links or querying the Comments Due: 5 p.m. ET 11/5/14. Take notice that the Commission docket number. Docket Numbers: ER15–84–000. received the following public utility Any person desiring to intervene or Applicants: Quantum Auburndale holding company filings: protest in any of the above proceedings Power, LP. Docket Numbers: PH14–16–000. must file in accordance with Rules 211 Description: Tariff Withdrawal per and 214 of the Commission’s 35.15: Quantum Auburndale Power, LP Applicants: Fortis Inc. Regulations (18 CFR 385.211 and Notice of Cancellation to be effective 12/ Description: Fortis Inc. submits FERC 385.214) on or before 5:00 p.m. Eastern 15/2014. 65–B Notification of Material Change in time on the specified comment date. Filed Date: 10/14/14. Facts. Protests may be considered, but Accession Number: 20141014–5469. Filed Date: 9/15/14. intervention is necessary to become a Comments Due: 5 p.m. ET 11/4/14. Accession Number: 20140915–5213. party to the proceeding. Docket Numbers: ER15–85–000. eFiling is encouraged. More detailed Applicants: Verso Bucksport Power Comments Due: 5 p.m. ET 10/27/14. information relating to filing LLC. Take notice that the Commission requirements, interventions, protests, Description: Compliance filing per 35: service, and qualifying facilities filings received the following qualifying Limitations and Exemptions Provision facility filings: can be found at: http://www.ferc.gov/ to be effective 10/15/2014. docs-filing/efiling/filing-req.pdf. For Filed Date: 10/15/14. Docket Numbers: QF13–571–000. other information, call (866) 208–3676 Accession Number: 20141015–5000. (toll free). For TTY, call (202) 502–8659. Applicants: Rochelle Energy Center, Comments Due: 5 p.m. ET 11/5/14. LLC. Dated: October 14, 2014. Docket Numbers: ER15–86–000. Description: Refund Report of Nathaniel J. Davis, Sr., Applicants: Verso Maine Energy LLC. Rochelle Energy Center, LLC. Deputy Secretary. Description: Compliance filing per 35: [FR Doc. 2014–25062 Filed 10–21–14; 8:45 am] Third-Party Ancillary Services Filed Date: 10/14/14. BILLING CODE 6717–01–P Provision to be effective 10/15/2014. Accession Number: 20141014–5489. Filed Date: 10/15/14. Comments Due: 5 p.m. ET 11/4/14. Accession Number: 20141015–5001. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 11/5/14. The filings are accessible in the Docket Numbers: ER15–87–000. Commission’s eLibrary system by Federal Energy Regulatory Applicants: Verso Androscoggin clicking on the links or querying the Commission Power LLC. docket number. Description: Compliance filing per 35: Combined Notice of Filings #1 Any person desiring to intervene or Limitations and Exemptions Provision protest in any of the above proceedings Take notice that the Commission to be effective 10/15/2014. must file in accordance with Rules 211 received the following electric rate Filed Date: 10/15/14. and 214 of the Commission’s Accession Number: 20141015–5002. filings: Regulations (18 CFR 385.211 and Comments Due: 5 p.m. ET 11/5/14. Docket Numbers: ER12–162–008; 385.214) on or before 5:00 p.m. Eastern ER11–3876–011; ER11–2044–011; Docket Numbers: ER15–88–000. time on the specified comment date. ER10–2611–009. Applicants: Verso Androscoggin LLC. Protests may be considered, but Description: Compliance filing per 35: Applicants: Bishop Hill Energy II intervention is necessary to become a Third-Party Ancillary Services LLC, Cordova Energy Company LLC, party to the proceeding. MidAmerican Energy Company, Saranac Provision to be effective 10/15/2014. Power Partners, L.P. Filed Date: 10/15/14. eFiling is encouraged. More detailed Description: Notice of Change in Accession Number: 20141015–5003. information relating to filing Status of the Berkshire Hathaway Comments Due: 5 p.m. ET 11/5/14. requirements, interventions, protests, Parties. Docket Numbers: ER15–89–000. service, and qualifying facilities filings Filed Date: 10/14/14. Applicants: Southern California can be found at: http://www.ferc.gov/ Accession Number: 20141014–5499. Edison Company. docs-filing/efiling/filing-req.pdf. For Comments Due: 5 p.m. ET 11/4/14. Description: § 205(d) rate filing per other information, call (866) 208–3676 Docket Numbers: ER14–2445–001. 35.13(a)(2)(iii): SGIA and Distribution (toll free). For TTY, call (202) 502–8659. Applicants: Midcontinent Service Agmt with Antelope Valley Dated: October 15, 2014. Solar, LLC to be effective 12/15/2014. Independent System Operator, Inc. Nathaniel J. Davis, Sr., Description: Tariff Amendment per Filed Date: 10/15/14. Deputy Secretary. 35.17(b): 2014–10–14 Hurdle Rate Accession Number: 20141015–5005. Deficiency Answer to be effective 7/17/ Comments Due: 5 p.m. ET 11/5/14. [FR Doc. 2014–25116 Filed 10–21–14; 8:45 am] 2014. Docket Numbers: ER15–90–000. BILLING CODE 6717–01–P
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00036 Fmt 4703 Sfmt 9990 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63114 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
DEPARTMENT OF ENERGY Description: Supplement to July 1, Applicants: Southern California 2014 Northeast Region Triennial Report Edison Company. Federal Energy Regulatory of the Direct Energy Sellers. Description: § 205(d) rate filing per Commission Filed Date: 10/14/14. 35.13(a)(2)(iii): LGIA with Cabazon Accession Number: 20141014–5183. Wind Energy, LLC to be effective 12/14/ Combined Notice of Filings #1 Comments Due: 5 p.m. ET 11/4/14. 2014. Take notice that the Commission Docket Numbers: ER12–316–005. Filed Date: 10/14/14. received the following electric corporate Applicants: NorthWestern filings: Corporation. Accession Number: 20141014–5272. Docket Numbers: EC15–10–000. Description: Compliance filing per 35: Comments Due: 5 p.m. ET 11/4/14. Applicants: Palouse Wind, LLC. Schedule 3 Further Compliance Filing Docket Numbers: ER15–80–000. Description: Application for to be effective 1/1/2011. Authorization Under Section 203 of the Filed Date: 10/14/14. Applicants: PJM Interconnection, Federal Power Act and Request for Accession Number: 20141014–5345. L.L.C. Comments Due: 5 p.m. ET 11/4/14. Waivers, Confidential Treatment, Description: § 205(d) rate filing per Shortened Comment Period and Docket Numbers: ER14–2464–001. 35.13(a)(2)(iii): 3rd Quarter 2014 Expedited Action of Palouse Wind, LLC. Applicants: Midcontinent Updates to OA/RAA Membership Lists Independent System Operator, Inc. Filed Date: 10/10/14. to be effective 9/30/2014. Accession Number: 20141010–5208. Description: Tariff Amendment per Comments Due: 5 p.m. ET 10/31/14. 35.17(b): 2014–10–14_Deficiency Filed Date: 10/14/14. Take notice that the Commission Response SA 2678 OTP-Border Winds Accession Number: 20141014–5334. received the following electric rate FCA (J290) to be effective 7/19/2014. Comments Due: 5 p.m. ET 11/4/14. filings: Filed Date: 10/14/14. Accession Number: 20141014–5336. Take notice that the Commission Docket Numbers: ER10–2848–005; Comments Due: 5 p.m. ET 11/4/14. received the following qualifying ER11–1939–007; ER11–2754–007; facility filings: ER12–999–005; ER12–1002–005; ER12– Docket Numbers: ER14–2913–000; 1005–005; ER12–1006–005; ER12–1007– ER14–2912–000. Docket Numbers: QF14–642–000. 006. Applicants: UP Power Marketing LLC. Description: Supplement to Applicants: CII Methane Management Applicants: AP Holdings, LLC, AP IV, LLC. Gas & Electric (IL), LLC, AP Gas & September 19, 2014 UP Power Electric (MD), LLC, AP Gas & Electric Marketing LLC and White Pine Electric Description: Refund Report of CII (NJ), LLC, AP Gas & Electric (NY), LLC, Power L.L.C. notice of non material Methane Management IV, LLC. change in status filings. AP Gas & Electric (OH), LLC, AP Gas & Filed Date: 10/14/14. Filed Date: 10/10/14. Electric (PA), LLC, AP Gas & Electric Accession Number: 20141014–5162. (TX), LLC. Accession Number: 20141010–5166. Description: Supplement to June 30, Comments Due: 5 p.m. ET 10/31/14. Comments Due: None Applicable. Docket Numbers: ER15–76–000. 2014 Updated Market Power Analysis The filings are accessible in the Applicants: Southern California for the Northeast Region of AP Holdings Commission’s eLibrary system by Edison Company. Sellers. clicking on the links or querying the Description: § 205(d) rate filing per Filed Date: 10/14/14. docket number. Accession Number: 20141014–5317. 35.13(a)(2)(iii): Letter Agreement with Comments Due: 5 p.m. ET 11/4/14. Imperial Irrigation District to be Any person desiring to intervene or protest in any of the above proceedings Docket Numbers: ER10–3069–005; effective 10/6/2014. ER10–3070–005. Filed Date: 10/14/14. must file in accordance with Rules 211 Applicants: Alcoa Power Generating Accession Number: 20141014–5002. and 214 of the Commission’s Inc., Alcoa Power Marketing LLC. Comments Due: 5 p.m. ET 11/4/14. Regulations (18 CFR 385.211 and Description: Supplement to June 30, Docket Numbers: ER15–77–000. 385.214) on or before 5:00 p.m. Eastern 2014 Southeast Triennial Update of the Applicants: Southwest Power Pool, time on the specified comment date. Alcoa Companies. Inc. Protests may be considered, but Filed Date: 10/14/14. Description: § 205(d) rate filing per intervention is necessary to become a Accession Number: 20141014–5364. 35.13(a)(2)(iii): 2041R3 Kansas City party to the proceeding. Comments Due: 5 p.m. ET 11/4/14. Board of Public Utilities PTP Agreement eFiling is encouraged. More detailed Docket Numbers: ER11–1850–005; to be effective 8/1/2014. information relating to filing Filed Date: 10/14/14. ER11–1847–005; ER11–1846–005; requirements, interventions, protests, Accession Number: 20141014–5174. ER14–1360–001; ER11–2598–008; service, and qualifying facilities filings Comments Due: 5 p.m. ET 11/4/14. ER14–1359–001; ER12–1152–005; can be found at: http://www.ferc.gov/ ER12–1153–005; ER13–1192–002; Docket Numbers: ER15–78–000. docs-filing/efiling/filing-req.pdf. For ER11–3623–002; ER11–1848–005. Applicants: Southern California other information, call (866) 208–3676 Edison Company. Applicants: Direct Energy Business, (toll free). For TTY, call (202) 502–8659. LLC, Direct Energy Marketing Inc., Description: § 205(d) rate filing per Direct Energy Services, LLC, Energetix 35.13(a)(2)(iii): LGIA with Desert Dated: October 14, 2014. DE, LLC, Gateway Energy Services Harvest, LLC and Desert Harvest II, LLC Nathaniel J. Davis, Sr., Corporation, NYSEG Solutions, LLC, to be effective 10/15/2014. Deputy Secretary. Bounce Energy NY, LLC, Bounce Energy Filed Date: 10/14/14. [FR Doc. 2014–25061 Filed 10–21–14; 8:45 am] Accession Number: 20141014–5270. PA, LLC, Direct Energy Business BILLING CODE 6717–01–P Marketing, LLC, Hess Small Business Comments Due: 5 p.m. ET 11/4/14. Services LLC; Energy America, LLC. Docket Numbers: ER15–79–000.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00037 Fmt 4703 Sfmt 9990 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63115
DEPARTMENT OF ENERGY parties an opportunity to comment on site (www.ferc.gov) provides information the Project. The FERC is the lead federal about getting involved in FERC Federal Energy Regulatory agency responsible for conducting the jurisdictional projects, and a citizens’ Commission environmental review of this Project. guide entitled ‘‘An Interstate Natural The Commission’s staff will prepare an Gas Facility On My Land? What Do I Notice of Effectiveness of Exempt environmental impact statement (EIS) Need to Know?’’ This guide addresses a Wholesale Generator Status that discusses the environmental number of frequently asked questions, impacts of the Project. This EIS will be including the use of eminent domain Docket Nos. used in-part by the Commission to and how to participate in the Dominion Solar Gen-Tie, determine whether the Project is in the Commission’s proceedings. public convenience and necessity. LLC ...... EG14–71–000 Project Background Desert Green Solar Farm You have been identified as a LLC ...... EG14–72–000 landowner or an interested party that On October 16, 2013 the Seiling Wind, LLC ...... EG14–73–000 may be affected by new alternatives Commission’s environmental staff Seiling Wind II, LLC ...... EG14–74–000 being considered or by the approved Sabal Trail’s request to use the Mammoth Plains Wind corresponding segment of the currently Commission Pre-Filing Process for the Project, LLC ...... EG14–75–000 planned route. Information in this Project. The purpose of the Pre-Filing TX Jumbo Road Wind, Notice was prepared to familiarize you Process is to encourage the early LLC ...... EG14–76–000 involvement of interested stakeholders Palo Duro Wind Energy, with these new alternatives, the Project LLC ...... EG14–77–000 as a whole, and the Commission’s to identify and resolve project-related OCI Alamo 4 LLC ...... EG14–78–000 environmental review process, and issues before an application is filed with Newark Energy Center, instruct you on how to submit the Commission. On February 18, 2014 LLC ...... EG14–79–000 comments about the Project and the the Commission issued a Notice of alternatives under consideration. This Intent to Prepare an Environmental Take notice that during the months of Notice is also being sent to: Federal, Impact Statement for the Planned September 2014, the status of the above- state, and local government agencies; Southeast Market Pipelines Project, captioned entities as Exempt Wholesale elected officials; environmental and Request for Comments on Generators became effective by public interest groups; Native American Environmental Issues, and Notice of operation of the Commission’s tribes; other interested parties; and local Public Scoping Meetings. regulations. 18 CFR 366.7(a). libraries and newspapers. We encourage During the course of the Pre-Filing Dated: October 15, 2014. elected officials and government Process, numerous concerns have been expressed about the potential Kimberly D. Bose, representatives to notify their constituents about the Project and environmental impacts of the Project. Secretary. inform them on how they can comment Based on the merits of these comments [FR Doc. 2014–25007 Filed 10–21–14; 8:45 am] on their areas of concern. Please note and to ensure that public concerns are BILLING CODE 6717–01–P that comments on this Notice should be fully considered during the Pre-Filing filed with the Commission by November Process, additional alternatives have 14, 2014. been identified and are being DEPARTMENT OF ENERGY If your property would be affected by considered. one of the alternatives under Federal Energy Regulatory Project Summary Commission consideration, you should have already been contacted by a Sabal Trail As noted previously, the Project is [Docket No. PF14–1–000] representative. A Sabal Trail part of the SMP Project and will be representative may have also contacted reviewed concurrently along with the Sabal Trail Transmission, LLC; you or may contact you in the near Florida Southeast Connection Project Supplemental Notice of Intent To future about the acquisition of an and the Hillabee Expansion Project. The Prepare an Environmental Impact easement to construct, operate, and SMP Project would involve the Statement for the Planned Southeast maintain the planned facilities or construction and operation of over 650 Market Pipelines Project and Request request permission to perform miles of interstate natural gas for Comments on Environmental environmental surveys on your transmission pipeline and associated Issues Related to New Alternatives property. Some landowners may not be facilities in Alabama, Georgia, and Under Consideration contacted if the alternative across their Florida. The Project would connect with In response to concerns raised about property is found to be either not the Hillabee Expansion Project in the Sabal Trail Transmission LLC’s feasible or not environmentally Alabama, and the Florida Southeast (Sabal Trail) planned Sabal Trail Project preferable to other alternatives being Connection Project in Florida. (Project),1 additional pipeline route considered. If the Commission approves The Sabal Trail portion of the SMP alternatives and compressor station the Project, that approval conveys with Project would involve the construction location alternatives are now being it the right of eminent domain. and operation of approximately 460 considered. These alternatives which Therefore, if easement negotiations fail miles of 36-inch-diameter natural gas are described below would affect new to produce an agreement, the pipeline transmission pipeline beginning in landowners; therefore, the Federal company could initiate condemnation Tallapoosa County, Alabama and ending Energy Regulatory Commission (FERC proceedings where compensation would in Osceola County, Florida. Sabal Trail or Commission) is issuing this be determined in accordance with state also plans to construct and operate supplemental notice (Notice) to provide law. approximately 14 miles of 36-inch- these landowners and other interested To help potentially affected diameter natural gas transmission landowners and other interested parties pipeline in Osceola and Orange 1 The Project is one of three projects being better understand the Commission and Counties, Florida (Hunters Creek Line) reviewed concurrently as the Southeast Market its environmental review process, the and approximately 24 miles of 24-inch- Pipelines Project (SMP Project). ‘‘For Citizens’’ section of the FERC Web diameter natural gas transmission
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63116 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
pipeline in Marion and Citrus Counties, via horizontal direction drill and Consultations Under Section 106 of the Florida (Citrus County Line). In addition rejoining the planned route at National Historic Preservation Act to the planned pipelines, Sabal Trail approximately MP 270.4. In accordance with the Advisory would construct and operate five new Wacassassa Flats Route Alternative Council on Historic Preservation’s compressor stations located in (Gilchrist County, Florida) implementing regulations for section Tallapoosa County, Alabama; Dougherty 106 of the National Historic In response to the Gilchrist County County, Georgia; and Suwannee, Preservation Act, we are using this Board of Commissioners and to address Marion, and Osceola Counties, Florida. supplemental Notice to inform the concerns regarding the planned route’s Georgia and Florida State Historic Project Alternatives impact on karst terrain, known springs, Preservation Offices (SHPOs) of the its proximity to residences, and its The following alternatives are being alternatives under consideration, and to impacts on landowners, the Wacassassa considered. Illustrations of these solicit their views and those of other Flats Route Alternative would deviate alternatives are provided in Appendix 1. government agencies, interested Indian from Sabal Trail’s planned route at tribes, and the public on the SMP Sasser Route Alternative (Terrell and approximately MP 320.8 and extend Project’s potential effects on historic Dougherty Counties, Georgia) 19.4 miles generally south and east properties.2 We will define the project- To address concerns regarding the through the area known as the specific Area of Potential Effects (APE) planned route’s impact on the Wacassassa Flats until rejoining the in consultation with the SHPOs as the environment and its proximity to planned route at approximately MP SMP Project develops. On natural gas numerous residences located in the 339.3. facility projects, the APE at a minimum Kiokee-Flint area of Dougherty County, Happy Trails Route Alternative (Osceola encompasses all areas subject to ground the Sasser Route Alternative would County, Florida) disturbance (examples include deviate from Sabal Trail’s planned route To address concerns regarding the construction right-of-way, contractor/ near Milepost (MP) 138.5 and extend pipe storage yards, compressor stations, south and east for approximately 21.5 planned route’s effects on wetlands and its proximity to residences, the Happy meter stations, and access roads). Our miles before rejoining Sabal Trail’s EIS for the SMP Project will document planned route at the proposed site of the Trails Route Alternative would deviate from Sabal Trail’s planned route at our findings on the impacts on historic Albany Compressor Station near MP properties and summarize the status of 168.5. approximately MP 466.6 and extend generally east and then south before consultations under section 106. Albany Compressor Station Alternatives rejoining the planned route at Public Participation (Dougherty County, Georgia) approximately MP 469.2. You can make a difference by To address concerns regarding the The EIS Process providing us with your specific planned compressor station’s proximity The National Environmental Policy comments about the Project. Your to the City of Albany and the potential comments should focus on the potential Act (NEPA) requires the Commission to effects of the station on the surrounding environmental effects, reasonable take into account the environmental environment, two additional alternatives, and measures to avoid or impacts that could result from an action compressor station locations (Sites 3A lessen environmental impacts. The more whenever it considers the issuance of a and 5) have been identified and are specific your comments, the more useful Certificate of Public Convenience and being considered. they will be. To ensure that your Necessity. NEPA also requires us to Albany Compressor Station Site comments are considered in a timely discover and address concerns the Alternative 3A is an approximately 53- manner and properly recorded, please public may have about proposals. This acre parcel located at MP 155.7 of the send your comments so that the process is referred to as scoping. The planned pipeline route, 1.7 miles north Commission receives them in of Leary Road and 0.8 miles west- main goal of the scoping process is to Washington, DC on or before November southwest of Woods Valley Trail. This focus the analysis in the EIS on the 14, 2014. site is adjacent to both the planned important environmental issues. By this For your convenience, there are three pipeline route and the Sasser Route Notice, the Commission requests public methods you can use to submit your Alternative. comments on the alternative pipeline comments to the Commission. In all Albany Compressor Station Site routes and aboveground facility instances, please reference the Project Alternative 5 is an approximately 53- locations currently under consideration. docket number (PF14–1–000) with your acre parcel located along the Sasser We will consider all filed comments submission. The Commission Route Alternative, south of Gillionville including any additional alternatives encourages electronic filing of Road at its intersection with Tallahassee that are suggested during the comments and has expert staff available Road. This site would only be suitable preparation of the EIS. to assist you at (202) 502–8258 or for the Sasser Route Alternative. Our independent analysis of the [email protected]. issues will be presented in a draft EIS Withlacoochee River Crossing Route (1) You can file your comments that will be placed in the public record, electronically using the eComment Alternative (Hamilton and Suwannee published, and distributed to the public Counties, Florida) feature located on the Commission’s for comments. We will also hold public Web site (www.ferc.gov) under the link To address concerns regarding the comment meetings in the Project area to Documents and Filings. This is an planned route’s impact on karst terrain and will address comments on the Draft easy method for interested persons to and known springs, the Withlacoochee EIS in a Final EIS. The Final EIS will River Crossing Route Alternative would also be placed in the public record, 2 The Advisory Council on Historic Preservation deviate from Sabal Trail’s planned route published, and distributed to the public. regulations are at Title 36, Code of Federal near MP 260.8 and extend for To ensure your comments are Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic approximately 11.4 miles in a generally considered, please carefully follow the district, site, building, structure, or object included south and southeasterly direction, instructions in the Public Participation in or eligible for inclusion in the National Register crossing the Suwannee River State Park section below. of Historic Places.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63117
submit brief, text-only comments on a intervene. Instructions for becoming an the Commission’s Rules of Practice and project; intervenor are in the User’s Guide under Procedure (18 CFR 385.211, 385.214). (2) You can file your comments the ‘‘e-filing’’ link on the Commission’s Protests will be considered by the electronically using the eFiling feature Web site. Please note that the Commission in determining the located on the Commission’s Web site Commission will not accept requests for appropriate action to be taken, but will (www.ferc.gov) under the link to intervenor status at this time. You must not serve to make protestants parties to Documents and Filings. With eFiling, wait until the Commission receives a the proceeding. Any person wishing to you can provide comments in a variety formal application for the Project. become a party must file a notice of of formats by attaching them as a file intervention or motion to intervene, as Additional Information with your submission. New eFiling appropriate. Such notices, motions, or users must first create an account by Additional information about the protests must be filed on or before the clicking on ‘‘eRegister.’’ You must select Project is available from the comment date. On or before the the type of filing you are making. If you Commission’s Office of External Affairs, comment date, it is not necessary to are filing a comment on a particular at (866) 208–FERC, or on the FERC Web serve motions to intervene or protests project, please select ‘‘Comment on a site (www.ferc.gov) using the eLibrary on persons other than the Applicant. Filing;’’ or link. Click on the eLibrary link, click on The Commission encourages (3) You can file a paper copy of your ‘‘General Search,’’ and enter the docket electronic submission of protests and comments by mailing them to the number, excluding the last three digits interventions in lieu of paper using the following address: Kimberly D. Bose, (i.e., PF14–1). Be sure you have selected ‘‘eFiling’’ link at http://www.ferc.gov. Secretary, Federal Energy Regulatory an appropriate date range. For Persons unable to file electronically Commission, 888 First Street NE., Room assistance, please contact FERC Online should submit an original and 5 copies 1A, Washington, DC 20426. Support at [email protected] of the protest or intervention to the Environmental Mailing List or toll free at (866) 208–3676, or for Federal Energy Regulatory Commission, TTY, contact (202) 502–8659. The The environmental mailing list 888 First Street NE., Washington, DC eLibrary link also provides access to the 20426. includes federal, state, and local texts of formal documents issued by the government representatives and This filing is accessible on-line at Commission, such as orders, notices, http://www.ferc.gov, using the agencies; elected officials; and rulemakings. environmental and public interest ‘‘eLibrary’’ link and is available for In addition, the Commission offers a review in the Commission’s Public groups; Native American Tribes; other free service called eSubscription which interested parties; and local libraries Reference Room in Washington, DC. allows you to keep track of all formal There is an ‘‘eSubscription’’ link on the and newspapers. This list also includes issuances and submittals in specific all affected landowners (as defined in Web site that enables subscribers to dockets. This can reduce the amount of receive email notification when a the Commission’s regulations) who are time you spend researching proceedings potential right-of-way grantors, whose document is added to a subscribed by automatically providing you with docket(s). For assistance with any FERC property may be used temporarily for notification of these filings, document Project purposes, or who own homes Online service, please email summaries, and direct links to the [email protected], or call within certain distances of aboveground documents. Go to www.ferc.gov/docs- facilities, and anyone who submits (866) 208–3676 (toll free). For TTY, call filing/esubscription.asp. (202) 502–8659. comments on the Project. We will Finally, public meetings or site visits update the environmental mailing list as Comment Date: 5 p.m. Eastern Time will be posted on the Commission’s on November 4, 2014. the analysis proceeds to ensure that we calendar located at www.ferc.gov/ send the information related to this EventCalendar/EventsList.aspx along Dated: October 16, 2014. environmental review to all individuals, with other related information. Nathaniel J. Davis, Sr., organizations, and government entities Deputy Secretary. Dated: October 15, 2014. interested in and/or potentially affected [FR Doc. 2014–25119 Filed 10–21–14; 8:45 am] by the planned Project. Kimberly D. Bose, BILLING CODE 6717–01–P Copies of the draft EIS will be sent to Secretary. the environmental mailing list for [FR Doc. 2014–25066 Filed 10–21–14; 8:45 am] public review and comment. If you BILLING CODE 6717–01–P DEPARTMENT OF ENERGY would prefer to receive a paper copy of the document instead of the CD version Federal Energy Regulatory or would like to remove your name from DEPARTMENT OF ENERGY Commission the mailing list, please return the Federal Energy Regulatory attached Information Request [Docket No. ER15–110–000] (Appendix 2). Commission Becoming an Intervenor [Docket No. NJ15–1–000] Terra-Gen Energy Services, LLC; Supplemental Notice That Initial Once Sabal Trail files its application Oncor Electric Delivery Company LLC; Market-Based Rate Filing Includes with the Commission, you may want to Notice of Filing Request for Blanket Section 204 become an ‘‘intervenor’’ which is an Authorization official party to the Commission’s Take notice that on October 14, 2014, proceeding. Intervenors play a more Oncor Electric Delivery Company LLC This is a supplemental notice in the formal role in the process and are able submitted its tariff filing per 35.28(e): above-referenced proceeding of Terra- to file briefs, appear at hearings, and be Oncor TFO Tariff Rate Changes, Gen Energy Services, LLC’s application heard by the courts if they choose to effective September 12, 2014. for market-based rate authority, with an appeal the Commission’s final ruling. Any person desiring to intervene or to accompanying rate tariff, noting that An intervenor formally participates in protest this filing must file in such application includes a request for the proceeding by filing a request to accordance with Rules 211 and 214 of blanket authorization, under 18 CFR
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63118 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Part 34, of future issuances of securities DEPARTMENT OF ENERGY [email protected], or call and assumptions of liability. (866) 208–3676 (toll free). For TTY, call Federal Energy Regulatory Any person desiring to intervene or to (202) 502–8659. Commission protest should file with the Federal Dated: October 15, 2014. Energy Regulatory Commission, 888 [Docket No. ER15–70–000] Nathaniel J. Davis, Sr., First Street NE., Washington, DC 20426, Deputy Secretary. Erie Power, LLC; Supplemental Notice in accordance with Rules 211 and 214 [FR Doc. 2014–25064 Filed 10–21–14; 8:45 am] That Initial Market-Based Rate Filing of the Commission’s Rules of Practice BILLING CODE 6717–01–P Includes Request for Blanket Section and Procedure (18 CFR 385.211 and 204 Authorization 385.214). Anyone filing a motion to intervene or protest must serve a copy This is a supplemental notice in the DEPARTMENT OF ENERGY of that document on the Applicant. above-referenced proceeding, of Erie Power, LLC’s application for market- Federal Energy Regulatory Notice is hereby given that the Commission based rate authority, with an deadline for filing protests with regard accompanying rate schedule, noting that [Project No. 2246–063; Project No. 2246– to the applicant’s request for blanket such application includes a request for 058] authorization, under 18 CFR Part 34, of blanket authorization, under 18 CFR future issuances of securities and Part 34, of future issuances of securities Yuba County Water Agency; Notice of assumptions of liability, is November 5, and assumptions of liability. Technical Meeting 2014. Any person desiring to intervene or to a. Project Name and Number: Yuba The Commission encourages protest should file with the Federal River Hydroelectric Project No. 2246 electronic submission of protests and Energy Regulatory Commission, 888 b. Date and Time of Meeting: October interventions in lieu of paper, using the First Street NE., Washington, DC 20426, 28, 2014; 9:00 a.m. Pacific Time FERC Online links at http:// in accordance with Rules 211 and 214 c. Place: HDR offices, 2379 Gateway www.ferc.gov. To facilitate electronic of the Commission’s Rules of Practice Oaks, Suite 200, Sacramento, CA 95833 service, persons with Internet access and Procedure (18 CFR 385.211 and d. FERC Contact: Alan Mitchnick, who will eFile a document and/or be 385.214). Anyone filing a motion to [email protected] or (202) 502– listed as a contact for an intervenor intervene or protest must serve a copy 6074 e. Purpose of Meeting: To discuss the must create and validate an of that document on the Applicant. Notice is hereby given that the Foothills Water Network’s January 30, eRegistration account using the deadline for filing protests with regard 2014 request for a modification to Yuba eRegistration link. Select the eFiling to the applicant’s request for blanket County Water Agency’s Technical link to log on and submit the authorization, under 18 CFR Part 34, of Memo 1–2, Channel Morphology Below intervention or protests. future issuances of securities and Englebright, and the National Marine Persons unable to file electronically assumptions of liability is November 4, Fisheries Service’s January 30, 2014 should submit an original and 5 copies 2014. request for a new study, Evaluation of of the intervention or protest to the The Commission encourages Effects of the Shot Rock in the Federal Energy Regulatory Commission, electronic submission of protests and Englebright Dam Reach and Associated 888 First Street NE., Washington, DC interventions in lieu of paper, using the Impacts to Anadromous Fish and Their 20426. FERC Online links at http:// Habitats. www.ferc.gov. To facilitate electronic f. A stenographer will record the The filings in the above-referenced service, persons with Internet access technical meeting, and meeting proceeding are accessible in the who will eFile a document and/or be transcripts will be placed into the Commission’s eLibrary system by listed as a contact for an intervenor Commission’s public record for the clicking on the appropriate link in the must create and validate an proceeding. above list. They are also available for eRegistration account using the g. All local, state, and federal electronic review in the Commission’s eRegistration link. Select the eFiling agencies, Indian tribes, and other Public Reference Room in Washington, link to log on and submit the interested parties are invited to DC. There is an eSubscription link on intervention or protests. participate. the Web site that enables subscribers to Persons unable to file electronically Dated: October 15, 2014. receive email notification when a should submit an original and 5 copies Kimberly D. Bose, document is added to a subscribed of the intervention or protest to the Secretary. Federal Energy Regulatory Commission, docket(s). For assistance with any FERC [FR Doc. 2014–25008 Filed 10–21–14; 8:45 am] 888 First Street NE., Washington, DC Online service, please email BILLING CODE 6717–01–P [email protected]. or call 20426. (866) 208–3676 (toll free). For TTY, call The filings in the above-referenced (202) 502–8659. proceeding(s) are accessible in the Commission’s eLibrary system by ENVIRONMENTAL PROTECTION Dated: October 16, 2014. clicking on the appropriate link in the AGENCY Nathaniel J. Davis, Sr., above list. They are also available for [EPA–HQ–OPP–2014–0737; FRL–9917–55] Deputy Secretary. review in the Commission’s Public [FR Doc. 2014–25118 Filed 10–21–14; 8:45 am] Reference Room in Washington, DC. Benefits of Neonicotinoid Seed Treatments to Soybean Production; BILLING CODE 6717–01–P There is an eSubscription link on the Web site that enables subscribers to Notice of Availability receive email notification when a AGENCY: Environmental Protection document is added to a subscribed Agency (EPA). docket(s). For assistance with any FERC ACTION: Notice. Online service, please email
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63119
SUMMARY: This notice announces the Programs, Environmental Protection effects from exposure to the pesticides availability of EPA’s Benefits of Agency, 1200 Pennsylvania Ave. NW., discussed in this document, compared Neonicotinoid Seed Treatments to Washington, DC 20460–0001; telephone to the general population. Soybean Production document, and number: (703) 308–8015; email address: II. What action is the Agency taking? opens a public comment period on that [email protected]. document. The Agency has conducted SUPPLEMENTARY INFORMATION: As directed by section 3(g) of the this assessment as part of its ongoing re- Federal Insecticide, Fungicide, and evaluation of clothianidin, I. General Information Rodenticide Act (FIFRA), EPA is imidacloprid, and thiamethoxam under A. Does this action apply to me? reviewing the pesticide registrations for the registration review program. clothianidin, imidacloprid, and This action is directed to the public Registration review is EPA’s periodic thiamethoxam to ensure that they in general, and may be of interest to a review of pesticide registrations to continue to satisfy the FIFRA standard wide range of stakeholders including ensure that each pesticide continues to for registration—that is, that environmental, human health, farm satisfy the statutory standard for clothianidin, imidacloprid, and worker, and agricultural advocates; the registration, that is, that the pesticide thiamethoxam can still be used without chemical industry; pesticide users; and can perform its intended function unreasonable adverse effects on human members of the public interested in the without causing unreasonable adverse health or the environment. Clothianidin, sale, distribution, or use of pesticides. effects on human health or the imidacloprid, and thiamethoxam are Since others also may be interested, the environment. Through this program, systemic neonicotinoid nitroguanidine Agency has not attempted to describe all EPA considers both potential risks and insecticides registered for a variety of the specific entities that may be affected benefits of pesticides. This assessment uses including on food-crops, non-food by this action. If you have any questions examines the use of clothianidin, crops, ornamentals, seed treatments, regarding the applicability of this action imidacloprid, and thiamethoxam seed structures (indoor and outdoor), and to a particular entity, consult the treatments in terms of the extent of use turf. pesticide specific contact person. Pursuant to 40 CFR 155.53(c), EPA is and the pests targeted in order to providing an opportunity, through this characterize overall benefits to soybean B. What should I consider as I prepare notice of availability, for interested production nationwide. my comments for EPA? parties to provide comments and input DATES: Comments must be received on 1. Submitting CBI. Do not submit this concerning the Agency’s assessment of or before December 22, 2014. information to EPA through benefits of neonicotinoid seed ADDRESSES: Submit your comments, regulations.gov or email. Clearly mark treatments to soybean production. Such identified by docket identification (ID) the part or all of the information that comments and input could address, number EPA–HQ–OPP–2014–0737, by you claim to be CBI. For CBI among other things, the Agency’s one of the following methods: information in a disk or CD–ROM that assessment methodologies and • Federal eRulemaking Portal: http:// you mail to EPA, mark the outside of the assumptions, as applied to this www.regulations.gov. Follow the online disk or CD–ROM as CBI and then assessment. The Agency will consider instructions for submitting comments. identify electronically within the disk or all comments received during the public Do not submit electronically any CD–ROM the specific information that comment period. information you consider to be is claimed as CBI. In addition to one 1. Other related information. Confidential Business Information (CBI) complete version of the comment that Additional information on clothianidin, or other information whose disclosure is includes information claimed as CBI, a imidacloprid, and thiamethoxam is restricted by statute. copy of the comment that does not available on the Pesticide Registration • Mail: OPP Docket, Environmental contain the information claimed as CBI Review Status Web page, http://www. Protection Agency Docket Center must be submitted for inclusion in the epa.gov/oppsrrd1/registration_review/ (EPA/DC), (28221T), 1200 Pennsylvania public docket. Information so marked reg_review_status.htm. Information on Ave. NW., Washington, DC 20460–0001. will not be disclosed except in the Agency’s registration review • Hand Delivery: To make special accordance with procedures set forth in program and its implementing arrangements for hand delivery or 40 CFR part 2. regulation is available at http://www2. delivery of boxed information, please 2. Tips for preparing your comments. epa.gov/pesticide-reevaluation. follow the instructions at http://www. When preparing and submitting your 2. Information submission epa.gov/dockets/contacts.html. comments, see the commenting tips at requirements. Anyone may submit data Additional instructions on http://www.epa.gov/dockets/ or information in response to this commenting or visiting the docket, comments.html. document. To be considered during a along with more information about 3. Environmental justice. EPA seeks to pesticide’s registration review, the dockets generally, is available at achieve environmental justice, the fair submitted data or information must http://www.epa.gov/dockets. treatment and meaningful involvement meet the following requirements: FOR FURTHER INFORMATION CONTACT: For of any group, including minority and/or • To ensure that EPA will consider pesticide specific information, contact: low income populations, in the data or information submitted, Carissa Cyran, Pesticide Re-Evaluation development, implementation, and interested persons must submit the data Division (7508P), Office of Pesticide enforcement of environmental laws, or information during the comment Programs, Environmental Protection regulations, and policies. To help period. The Agency may, at its Agency, 1200 Pennsylvania Ave. NW., address potential environmental justice discretion, consider data or information Washington, DC 20460–0001; telephone issues, the Agency seeks information on submitted at a later date. number: (703) 347–8781; email address: any groups or segments of the • The data or information submitted [email protected]. population who, as a result of their must be presented in a legible and For general information on the location, cultural practices, or other useable form. For example, an English registration review program, contact: factors, may have atypical or translation must accompany any Richard Dumas, Pesticide Re-Evaluation disproportionately high and adverse material that is not in English and a Division (7508P), Office of Pesticide human health impacts or environmental written transcript must accompany any
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63120 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
information submitted as an available at http://www.regulations.gov • Hand Delivery: To make special audiographic or videographic record. under Docket ID: EPA–HQ–OA–2014– arrangements for hand delivery or Written material may be submitted in 0001. General information about the delivery of boxed information, please paper or electronic form. Board can be found on its Web site at follow the instructions at http://www. • Submitters must clearly identify the http://www2.epa.gov/faca/gneb. epa.gov/dockets/contacts.html. source of any submitted data or If you wish to make oral comments or Additional instructions on commenting information. submit written comments to the Board, or visiting the docket, along with more • Submitters may request the Agency please contact Ann-Marie Gantner at information about dockets generally, is to reconsider data or information that least five days prior to the available at http://www.epa.gov/ the Agency rejected in a previous teleconference. Written comments dockets. review. However, submitters must should be submitted at http:// FOR FURTHER INFORMATION CONTACT: For explain why they believe the Agency www.regulations.gov under Docket ID: should reconsider the data or general information contact: Cameo G. EPA–HQ–OA–2014–0001. Smoot, Field and External Affairs information in the pesticide’s Meeting Access: For information on registration review. Division (7506P), Office of Pesticide access or services for individuals with Programs, Environmental Protection Authority: 7 U.S.C. 136 et seq. disabilities, please contact Ann-Marie Agency; 1200 Pennsylvania Ave. NW., Dated: October 8, 2014. Gantner at (202) 564–4330 or email at Washington DC 20460–0001; telephone Richard P. Keigwin, Jr., [email protected]. To request number: (703) 305–5454; email address: accommodation of a disability, please Director, Pesticide Re-Evaluation Division, [email protected]. Office of Pesticide Programs. contact Ann-Marie Gantner at least 10 For chemical listing inquiries contact: days prior to the meeting to give EPA as [FR Doc. 2014–24968 Filed 10–21–14; 8:45 am] Kerry B. Leifer, Registration Division much time as possible to process your BILLING CODE 6560–50–P (7505C), Office of Pesticide Programs, request. Environmental Protection Agency, 1200 Dated: October 10, 2014. Pennsylvania Ave. NW., Washington DC ENVIRONMENTAL PROTECTION Ann-Marie Gantner, 20460–0001; telephone number (703) AGENCY Acting Designated Federal Officer. 308–8811; email address: leifer.kerry@ [EPA–HQ–OA–2014–0001; FRL–9918–31– [FR Doc. 2014–25144 Filed 10–21–14; 8:45 am] epa.gov. OA] BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: Good Neighbor Environmental Board I. General Information Notification of Public Advisory ENVIRONMENTAL PROTECTION A. Does this action apply to me? Committee Teleconference AGENCY You may be potentially affected by AGENCY: Environmental Protection [EPA–HQ–OPP–2014–0558; FRL–9916–22] this action if you engage in activities Agency (EPA). related to the registration of pesticide ACTION: Notice of Public Advisory Proposed Removal of Certain Inert products, including but not limited to, Committee Teleconference. Ingredients From Approved Chemical the use of approved inert ingredients Substance List for Pesticide Products used in registered pesticide products. SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law Potentially affected entities may AGENCY: Environmental Protection include, but are not limited to, engaging 92–463, notice is hereby given that the Agency (EPA). Good Neighbor Environmental Board in the formulation and preparation of ACTION: Notice. (Board) will hold a public agricultural and household pest control chemicals or pesticide and other teleconference on October 30, 2014 from SUMMARY: EPA is proposing to remove 11:00–3:00 p.m. Eastern Standard Time. agricultural and household pest control certain chemical substances from the chemicals or inert manufacturers and Due to budgetary issues, EPA is current listing of inert ingredients announcing this teleconference with those who make proprietary inert approved for use in pesticide products ingredient formulations or pesticide and less than 15 calendar days public notice. because the inert ingredients are no The meeting is open to the public. For other agricultural chemical longer used in any registered pesticide manufacturing generally identified by further information regarding the product. teleconference and background the North American Industrial DATES: Comments must be received on materials, please contact Ann-Marie Classification System (NAICS). You may or before November 21, 2014. Gantner at the number provided below. also be affected by this action if you are Background: The Good Neighbor ADDRESSES: Submit your comments, a consumer or user of pesticides, or if Environmental Board is a federal identified by docket identification (ID) you are exposed to pesticides. advisory committee chartered under the number EPA–HQ–OPP–2014–0558, by This listing is not intended to be Federal Advisory Committee Act, PL one of the following methods: exhaustive, but rather provides a guide 92–463. By statute, the Board is required • Federal eRulemaking Portal: http:// for readers to help determine whether to submit an annual report to the www.regulations.gov. Follow the online this document applies to them and President and Congress on instructions for submitting comments. which entities are likely to be affected environmental and infrastructure issues Do not submit electronically any by this action. Other types of entities along the U.S. border with Mexico. information you consider to be not listed in this unit could also be Purpose of Meeting: The purpose of Confidential Business Information (CBI) affected. The NAICS code 325320 has this teleconference is to discuss and or other information whose disclosure is been provided to assist you and others approve the Board’s Sixteenth Report, restricted by statute. in determining whether this action which focuses on ecological restoration • Mail: OPP Docket, Environmental might apply to certain entities. If you in the U.S.-Mexico border region. Protection Agency Docket Center (EPA/ have any questions regarding the General Information: The agenda and DC), (28221T), 1200 Pennsylvania Ave. applicability of this action to a teleconference materials will be NW., Washington, DC 20460–0001. particular entity, consult either person
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63121
listed under FOR FURTHER INFORMATION OPP–2014–0558 at http:// Washington, DC 20573, within twelve CONTACT. www.regulations.gov. days of the date this notice appears in Once an inert ingredient is removed the Federal Register. Copies of the B. What should I consider as I prepare from the list, any proposed future use of agreements are available through the my comments for EPA? the inert ingredient would need to be Commission’s Web site (www.fmc.gov) 1. Submitting CBI. Do not submit CBI supported by data provided to and or by contacting the Office of information to EPA through reviewed by the EPA as part of a new Agreements at (202) 523–5793 or regulations.gov or email. Contact Kerry inert ingredient submission request. The [email protected]. Leifer, email address: leifer.kerry@ type of data needed to evaluate a new Agreement No.: 012064–004. epa.gov, to discuss options for inert ingredient may include, among Title: Hapag-Lloyd/NYK Mexico- submitting CBI to the Agency. others, studies to evaluate potential Dominican Republic Slot Exchange 2. Tips for preparing your comments. carcinogenicity, adverse reproductive Agreement. When preparing and submitting your effects, developmental toxicity, Parties: Hapag-Lloyd AG and Nippon comments, see the commenting tips at genotoxicity as well as environmental Yusen Kaisha. http://www.epa.gov/dockets/ effects associated with any chemical Filing Party: Wayne R. Rohde, Esq.; comments.html. substance that is persistent or Cozen O’Connor; 1627 I Street NW; bioaccumulative. Information regarding II. Discussion Suite 1100; Washington, DC 20006. the inert ingredient approval process Synopsis: The amendment would EPA maintains a list of chemical may be found at http://www2.epa.gov/ convert the agreement from a slot substances that have been approved for pesticide-registration/guidance- exchange to a one-way slot charter from use as inert ingredients in pesticide documents-inert-ingredients. Hapag-Lloyd to NYK, change the name EPA suggests that pesticide registrants products. Inert ingredients on this list of the agreement to reflect this revision, review their records to ensure that the do not need further approval prior to make conforming changes throughout chemical substances, listed by chemical inclusion in a pesticide formulation for the agreement, and restate the name and Chemical Abstracts Service a non-food use. These individual agreement. formulations are subject to data Registry Number, listed in the docket for requirements in 40 CFR part 158, this action are, in fact, no longer used Agreement No.: 201175–004. regardless of whether the inert as inert ingredients in their registered Title: Port of NY/NJ Sustainable ingredient is on the approved list. If an pesticide products. While EPA has Services Agreement. application for registration of a pesticide endeavored to prepare an accurate list, Parties: APM Terminals North product includes inert ingredients not if a pesticide registrant is aware of a America, Inc..; GCT Bayonne LP; GCT on the approved list, the inert ingredient registered product containing any of the New York LP; Maher Terminals LLC; will need approval and require payment 72 chemical substances, that registrant and Port Newark Container Terminal of a fee in accordance with section 33 should contact the Agency directly, LLC. of FIFRA, 7 U.S.C. 136w–8. using the contact listed under FOR Filing Party: Carol N. Lambos, Esq.; EPA is considering removing from FURTHER INFORMATION CONTACT The Lambos Firm, LLP; 303 South this list a set of 72 chemical substances (Chemical Listing Inquiries). Broadway Suite 410; Tarrytown, NY that are no longer being used as an inert Similarly, producers of proprietary 10591 ingredient in a pesticide product. Some mixtures currently approved for use as Synopsis: The amendment changes of the 72 chemical substances are a inert ingredients in pesticide products the name of New York Container subset of a larger list of 371 inert should also review their records to Terminal, LLC to GCT New York LP and ingredients that were the subject of two ensure that the chemical substances Global Terminal and Container Services, petitions submitted to EPA in 2006 (see listed in the docket for this action are, LLC to GCT Bayonne LP. docket) requesting that the Agency in fact, not currently used in their Agreement No.: 201210–001. require that the identities of hazardous proprietary mixtures. Title: Port of NY/NJ Port Authority/ ingredients identified in the petitions be After the close of the comment period, Marine Terminal Operators Agreement. EPA will consider all comments disclosed on pesticide products Parties: APM Terminals North received and determine appropriate containing those ingredients. EPA is America, Inc..; GCT Bayonne LP; GCT action. taking this action, fulfilling a New York LP; Maher Terminals LLC; commitment as described in an EPA Authority: 7 U.S.C. 136 et seq. and Port Newark Container Terminal May 22, 2014 amended response to the Dated: October 7, 2014. LLC. petitioners (see docket). EPA would James Jones, Filing Party: Carol N. Lambos, Esq.; remove from the approved list those Assistant Administrator, Office of Chemical The Lambos Firm, LLP; 303 South inert ingredients listed in the petitions Safety and Pollution Prevention. Broadway Suite 410; Tarrytown, NY that are no longer being used in 10591 pesticide products. [FR Doc. 2014–24586 Filed 10–21–14; 8:45 am] BILLING CODE 6560–50–P Synopsis: The amendment changes The list of 72 inert ingredients was the name of New York Container generated by an Agency evaluation of Terminal, LLC to GCT New York LP and pesticide product compositional FEDERAL MARITIME COMMISSION Global Terminal and Container Services, information to determine which of those LLC to GCT Bayonne LP. 371 chemical substances listed as inert Notice of Agreements Filed ingredients on the EPA-approved list are Dated: October 17, 2014. in use or not in use in currently The Commission hereby gives notice By Order of the Federal Maritime registered pesticide formulations. The of the filing of the following agreements Commission. list of chemical substances that are no under the Shipping Act of 1984. Karen V. Gregory, longer being used as an inert ingredient Interested parties may submit comments Secretary. is available in the docket for this action, on the agreements to the Secretary, [FR Doc. 2014–25149 Filed 10–21–14; 8:45 am] under docket ID number EPA–HQ– Federal Maritime Commission, BILLING CODE 6730–01–P
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00044 Fmt 4703 Sfmt 9990 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63122 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
FEDERAL MARITIME COMMISSION G I T Global Services LLC (NVO), 1802 Thomas Griffin International, Inc. dba W. Grant Road, Suite 110, Tucson, AZ Sea Lion Ocean Freight dba RV Ocean Transportation Intermediary 85745, Officers: Flavio Carrillo, Shipping (NVO & OFF), 15903 Kent License Applicants Member (QI), Doreen Carrillo, Court, Tampa, FL 33647, Officers: Member, Application Type: New NVO Thomas Griffin, Director (QI), Pursuant to the Commission’s direct License. Matthew Pickering, Director, rule (79 FR 56522, September 22, 2014), Global Leader, Inc. (NVO & OFF), 2100 Application Type: Transfer to RV beginning October 20, 2014, these Busse Road, Elk Grove Village, IL Shipping LLC. notices will no longer be posted in the 60007, Officers: Hosoo Han, President Vidorra LLC (OFF), 8215 SW Tualatin- Federal Register. After October 20, (QI), James S. Park, Secretary, Sherwood Road, Suite 201, Tualatin, 2014, this information will be available Application Type: New NVO & OFF OR 97062, Officers: Luke T. Juarez, on the Commission’s Web site at License. Member (QI), Jerry T. Juarez, Member, http://www.fmc.gov, see OTI Licensing Guzal Cargo Express Corp (NVO), 5561 Application Type: New OFF License. Updates. NW 72nd Avenue, Miami, FL 33166, Dated: October 16, 2014. The Commission gives notice that the Officer: Hernan D. Hoyos, President following applicants have filed an By the Commission. (QI), Application Type: New NVO Karen V. Gregory, application for an Ocean Transportation License. Secretary. Intermediary (OTI) license as a Non- Hanjin Logistics, Inc. (NVO & OFF), 105 Vessel-Operating Common Carrier Challenger Road, Suite 902, [FR Doc. 2014–25123 Filed 10–21–14; 8:45 am] (NVO) and/or Ocean Freight Forwarder Ridgefield Park, NJ 07660, Officers: BILLING CODE 6730–01–P (OFF) pursuant to section 19 of the June S. Hong, Treasurer (QI), Jin K. Shipping Act of 1984 (46 U.S.C. 40101). Park, President, Application Type: QI FEDERAL MARITIME COMMISSION Notice is also given of the filing of Change. applications to amend an existing OTI Headwin International Logistics LLC license or the Qualifying Individual (QI) Ocean Transportation Intermediary (NVO & OFF), 756 Port America for a licensee. License Reissuance Place, Suite 815, Grapevine, TX Interested persons may contact the 76051, Officer: Raymond Counter, Pursuant to the Commission’s direct Office of Ocean Transportation Manager Member (QI), Application rule (79 FR 56522, September 22, 2014), Intermediaries, Federal Maritime Type: New NVO & OFF License. beginning October 20, 2014, these Commission, Washington, DC 20573, by KFS, Inc. dba Global International (NVO notices will no longer be posted in the telephone at (202) 523–5843 or by email & OFF), 186 Intermodal Parkway, Fort Federal Register. After October 20, at [email protected]. Worth, TX 76177, Officers: Steven 2014, this information will be available ADP Logistics Corp. (NVO & OFF), 200 McDaniel, Senior Vice President (QI), on the Commission’s Web site at http:// W. Devon Avenue, Suite 4, Bruce Galbraith, CEO, Application www.fmc.gov, see OTI Licensing Bensenville, IL 60106, Officers: Yiwei Type: QI Change. Updates. (Cathy) Huang, Associated Vice Lacs Cargo, Inc. (NVO & OFF), 8435 NW The Commission gives notice that the President (QI), Yusheng Lao, Director, 74th Street, Miami, FL 33166, following Ocean Transportation Application Type: QI Change. Officers: Javier Leano, Vice President Intermediary license has been reissued A-Las Freight & Cargo Group, LLC (NVO (QI), Ana Maria Leano, President, pursuant to section 19 of the Shipping & OFF), 1235 NW 93 Court, Doral, FL Application Type: New NVO & OFF Act of 1984 (46 U.S.C. 40101). 33172, Officers: Pedro Pinero, License. License No.: 023569N. Name: Fachel International LLC dba Managing Member (QI), Maria E. Logistica Global, L.L.C. (NVO & OFF), Vivas, Member, Application Type: Fachel Shipping and Logistics. 1551 NW 82nd Avenue, Doral, FL Address: 6331 Belair Road, Baltimore, New NVO & OFF License. 33126, Officers: Rene A. Valle, MD 21206. Aragon Systems, L.L.C. (OFF), 8501B Manager Member (QI), Julio C. Date Reissued: September 30, 2014. East Adamo Drive, Suite B, Tampa, FL Orellana, Manager Member, 33619, Officers: Elad Nagli, Operation Application Type: New NVO & OFF Sandra L. Kusumoto, Manager (QI), Joseph Shpats, Pricing License. Director, Bureau of Certification and and Routing Manager, Application Logistics Trader Limited (NVO), Flat 5 Licensing. Type: New OFF License. Downham Court, Long Lodge Drive, [FR Doc. 2014–25124 Filed 10–21–14; 8:45 am] Caesar International Logistics (LAX) Co. Walton on Thames, Surrey, KT BILLING CODE 6730–01–P Ltd. (NVO), 1661 Hanover Road, Suite 123BZ, UK, Officers: Gary F. Stiegler, 205, City of Industry, CA 91748, Secretary (QI), Mimoun Bouazani, Officers: Junwen (Jason) Li, Vice President, Application Type: QI FEDERAL MARITIME COMMISSION President (QI), Ping Zhang, President, Change. Application Type: New NVO License. Navicon Unlimited, LLC (NVO & OFF), Ocean Transportation Intermediary Consolidated Shipping Agencies Ltd. 8550 NW 17th Street, Suite 110A, License Revocations and Surrenders (NVO & OFF), 2570 Beverly Drive, Doral, FL 33126, Officers: Alicia Del Pursuant to the Commission’s direct Suite 112, Aurora, IL 60502, Officers: Rey, Vice President (QI), Gustavo rule (79 FR 56522, September 22, 2014), Macdonald C. Vasnani, President (QI), Zanzottera, President, Application beginning October 20, 2014, these Linda Vasnani, Treasurer, Application Type: QI Change. notices will no longer be posted in the Type: Add Trade Name Conship. Starbase Global Logistics, Inc. (NVO & Federal Register. After October 20, CP Logistics Inc (NVO & OFF), 14019 OFF), 330 Shipyard Blvd. 2014, this information will be available SW Freeway, Suite #310–619, Sugar Wilmington, NC 28412, Officers: on the Commission’s Web site at Land, TX 77478–3551, Officers: Casey William (Billy) C. Wells, Jr., Vice http://www.fmc.gov, see OTI Licensing X. Chen, President (QI), Emily M. Pan, President (QI), Dave Mays, President, Updates. Vice President, Application Type: Application Type: Name change to The Commission gives notice that the New NVO & OFF License. Landmark Trade Services USA, Inc. following Ocean Transportation
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63123
Intermediary licenses have been A. Federal Reserve Bank of Dallas (E. Collection Reports, by any of the revoked or surrendered for the reason Ann Worthy, Vice President), 2200 following methods: indicated pursuant to section 19 of the North Pearl Street, Dallas, Texas 75201– • Regulations.gov: http:// Shipping Act of 1984 (46 U.S.C. 40101) 2272: www.regulations.gov. effective on the date shown. 1. 2011 TCRT; Ford Financial Fund II, Submit comments via the Federal License No.: 018655N. L.P.; Ford Management II, L.P.; Ford eRulemaking portal by searching the Name: Triship Global Logistics, Inc. Ultimate Management II, LLC; GJF OMB control number 3090–0250. Select Address: 7400 SW 50th Terrace, Suite Financial Management II, LLC; Ford the link ‘‘Comment Now’’ that 207, Miami, FL 33155. Fund Investment LP; and EB Acquisition corresponds with ‘‘Information Date Revoked: October 2, 2014. Company LLC; all in Dallas, Texas; to Collection 3090–0250, Zero Burden Reason: Failed to maintain a valid become bank holding companies by Information Collection Reports’’. Follow bond. acquiring up to 65 percent of the voting the instructions provided on the screen. License No.: 019581N. shares of Mechanics Bank, Richmond, Please include your name, company Name: Four Seasons Logistics Inc. California. name (if any), and ‘‘Information Address: 22–30 119th Street, College In connection with this application, Collection 3090–0250, Zero Burden Point, NY 11356. 2011 TCRT; GJF Financial Management Information Collection Reports’’ on your Date Revoked: October 3, 2014. II, LLC; Ford Ultimate Management II, Reason: Failed to maintain a valid attached document. LLC; and Ford Management II, L.P., all bond. • Fax: 202–501–4067. in Dallas, Texas, have also applied to • Mail: General Services Sandra L. Kusumoto, engage de novo in financial and Administration, Regulatory Secretariat Director, Bureau of Certification and investment advisory activities, pursuant Division (MVCB), 1800 F Street NW., Licensing. to sections 225.28(b)(6)(i), (b)(6)(ii), Washington, DC 20405. ATTN: Ms. [FR Doc. 2014–25122 Filed 10–21–14; 8:45 am] (b)(6)(iii), (b)(6)(iv), (b)(6)(v) and Flowers/IC 3090–0250, Zero Burden BILLING CODE 6730–01–P (b)(6)(vi). Information Collection Reports. Board of Governors of the Federal Reserve Instructions: Please submit comments System, October 16, 2014. only and cite Information Collection FEDERAL RESERVE SYSTEM Michael J. Lewandowski, 3090–0250, Zero Burden Information Associate Secretary of the Board. Collection Reports, in all Formations of, Acquisitions by, and [FR Doc. 2014–25009 Filed 10–21–14; 8:45 am] correspondence related to this Mergers of Bank Holding Companies BILLING CODE 6210–01–P collection. All comments received will The companies listed in this notice be posted without change to http:// have applied to the Board for approval, www.regulations.gov, including any pursuant to the Bank Holding Company GENERAL SERVICES personal and/or business confidential Act of 1956 (12 U.S.C. 1841 et seq.) ADMINISTRATION information provided. (BHC Act), Regulation Y (12 CFR part FOR FURTHER INFORMATION CONTACT: Ms. 225), and all other applicable statutes [OMB Control No. 3090–0250; Docket No. Dana Munson, Procurement Analyst, and regulations to become a bank 2014–0001; Sequence 5] General Services Acquisition Policy, at holding company and/or to acquire the Submission to OMB for Review; telephone 202–357–9652 or via email to assets or the ownership of, control of, or [email protected] the power to vote shares of a bank or General Services Administration bank holding company and all of the Acquisition Regulation; Zero Burden SUPPLEMENTARY INFORMATION: banks and nonbanking companies Information Collection Reports A. Purpose owned by the bank holding company, AGENCY: Office of the Chief Acquisition including the companies listed below. This information requirement consists The applications listed below, as well Officer, General Services of reports that do not impose collection as other related filings required by the Administration (GSA). burdens upon the public. These Board, are available for immediate ACTION: Notice of request for public collections require information which is inspection at the Federal Reserve Bank comments regarding an extension to an already available to the public at large indicated. The applications will also be existing OMB information collection. or that is routinely exchanged by firms available for inspection at the offices of during the normal course of business. A SUMMARY: Under the provisions of the the Board of Governors. Interested general control number for these Paperwork Reduction Act, the persons may express their views in collections decreases the amount of Regulatory Secretariat Division (MVCB) writing on the standards enumerated in paperwork generated by the approval will be submitting to the Office of the BHC Act (12 U.S.C. 1842(c)). If the process. Management and Budget (OMB) a proposal also involves the acquisition of GSA has a published rule in the request to review and approve an a nonbanking company, the review also Federal Register that falls under extension of a previously approved includes whether the acquisition of the information collection 3090–0250. The information collection requirement nonbanking company complies with the rule that prescribed clause 552.238–70 regarding Zero Burden Information standards in section 4 of the BHC Act ‘‘Identification of Electronic Office Collection Reports. A notice was (12 U.S.C. 1843). Unless otherwise Equipment Providing Accessibility for published in the Federal Register at 79 noted, nonbanking activities will be the Handicapped’’ was published at 56 FR 42515 on July 22, 2014. No conducted throughout the United States. FR 29442, June 27, 1991, titled Unless otherwise noted, comments comments were received. ‘‘Implementation of Public Law 99– regarding each of these applications DATES: Submit comments on or before: 506’’, with an effective date of July 8, must be received at the Reserve Bank November 21, 2014. 1991. indicated or the offices of the Board of ADDRESSES: Submit comments B. Annual Reporting Burden Governors not later than November 17, identified by Information Collection 2014. 3090–0250, Zero Burden Information None.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63124 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
C. Public Comments whether the information will have educational services sector had one of Public comments are particularly practical utility; (b) Evaluate the the highest prevalences of current invited on: Whether this collection of accuracy of the agencies estimate of the asthma at 13.1%. information is necessary and whether it burden of the proposed collection of In 1995, the Government Accounting will have practical utility; whether our information, including the validity of Office reported that about 33% of estimate of the public burden of this the methodology and assumptions used; schools in the U.S. needed extensive collection of information is accurate and (c) Enhance the quality, utility, and repair or replacement of one or more based on valid assumptions and clarity of the information to be buildings, which includes problems methodology; and ways to enhance the collected; (d) Minimize the burden of related to dampness and mold. A better quality, utility, and clarity of the the collection of information on those understanding of school building information to be collected. who are to respond, including through conditions related to dampness and Obtaining Copies of Proposals: the use of appropriate automated, mold, as well as associated health Requesters may obtain a copy of the electronic, mechanical, or other effects, is essential for the prevention of information collection documents from technological collection techniques or work-related illness in school staff. the General Services Administration, other forms of information technology, NIOSH requests OMB approval to Regulatory Secretariat Division (MVCB), e.g., permitting electronic submission of administer an internet-based 1800 F Street NW., Washington, DC responses; and (e) Assess information questionnaire to collect health 20405, telephone 202–501–4755. Please collection costs. information on staff from 50 schools cite OMB Control No. 3090–0250, Zero To request additional information on within this school district. NIOSH will Burden Information Collection Reports, the proposed project or to obtain a copy collaborate with the school district and in all correspondence. of the information collection plan and local teachers union to recruit a broad instruments, call (404) 639–7570 or range of school staff as participants, Dated: October 16, 2014. send an email to [email protected]. Written including teachers, administrative staff, Jeffrey Koses, comments and/or suggestions regarding facilities and maintenance staff, nurses Senior Procurement Executive, Office of the items contained in this notice and counselors, and kitchen staff for Acquisition Policy, Office of Government- should be directed to the Attention: this study. Results will be used to wide Policy. CDC Desk Officer, Office of Management determine possible relationships [FR Doc. 2014–25110 Filed 10–21–14; 8:45 am] and Budget, Washington, DC 20503 or between health outcomes and BILLING CODE 6820–61–P by fax to (202) 395–5806. Written environmental conditions, specifically comments should be received within 30 conditions related to dampness and days of this notice. mold. DEPARTMENT OF HEALTH AND Proposed Project Overall results will benefit many HUMAN SERVICES Application of a Web-based Health stakeholders, including school-affiliated Centers for Disease Control and Survey in Schools—New—National and general administrative personnel, Prevention Institute for Occupational Safety and facilities and maintenance representatives, building owners, and [30Day–15–14AC] Health (NIOSH), Centers for Disease Control and Prevention (CDC). safety and health professionals charged with the prevention, identification, and Proposed Data Collections Submitted Background and Brief Description remediation of environmental issues for Public Comment and when occupant health concerns are Recommendations The mission of the National Institute for Occupational Safety and Health raised. The Centers for Disease Control and (NIOSH) is to promote safety and health NIOSH anticipates that the internet- Prevention (CDC) has submitted the at work for all people through research based questionnaire will begin in the following information collection request and prevention. The Occupational spring of 2015. All participants will be to the Office of Management and Budget Safety and Health Act, Public Law 91– asked to complete the same (OMB) for review and approval in 596 (section 20[a][1]), authorizes NIOSH questionnaire, which will take accordance with the Paperwork to conduct research to advance the approximately 20 minutes to complete. Reduction Act of 1995. The notice for health and safety of workers. NIOSH is All questionnaire results will be stored the proposed information collection is proposing to conduct a health and analyzed on CDC computer published to obtain comments from the questionnaire of employees in 50 systems. If the participation rate is less public and affected agencies. elementary schools in a large school than 80%, NIOSH will distribute a Written comments and suggestions district in the Northeastern United paper-based non-respondent from the public and affected agencies States. questionnaire to 400 randomly selected concerning the proposed collection of According to the 2012 Bureau of employees and ask them to mail it back information are encouraged. Your Labor Statistics survey, the educational in a postage-paid envelope. This will comments should address any of the services sector employs approximately take approximately 5 minutes. following: (a) Evaluate whether the 12.9 million workers, with 8.4 million The total estimated burden for this proposed collection of information is working in elementary and secondary one-time collection of data is 1,100 necessary for the proper performance of schools. A 2010 analysis of data on U.S. hours. There are no costs to respondents the functions of the agency, including working adults indicated that the other than their time.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63125
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)
Elementary School Employees ...... Questionnaire ...... 3,200 1 20/60 Elementary School Employees ...... Non-respondent questionnaire ...... 400 1 5/60
Leroy A. Richardson, other forms of information technology, Dentistry’’ (hereafter referred to as the Chief, Information Collection Review Office, e.g., permitting electronic submission of PPOD Guide and Toolkit). New Office of Scientific Integrity, Office of the responses; and (e) Assess information Beginnings was developed for diabetes Associate Director for Science, Office of the collection costs. educators, health educators, health Director, Centers for Disease Control and To request additional information on ministers, lay health workers and others Prevention. the proposed project or to obtain a copy who facilitate discussion groups about [FR Doc. 2014–25094 Filed 10–21–14; 8:45 am] of the information collection plan and diabetes self-management. New BILLING CODE 4163–18–P instruments, call (404) 639–7570 or Beginnings has been revised to make it send an email to [email protected]. Written a more accessible and flexible resource comments and/or suggestions regarding that can be adapted for use in diabetes DEPARTMENT OF HEALTH AND the items contained in this notice self-management education classes and HUMAN SERVICES should be directed to the Attention: in other settings. The PPOD Guide and CDC Desk Officer, Office of Management Centers for Disease Control and Toolkit are targeted to health care and Budget, Washington, DC 20503 or Prevention providers in pharmacy, podiatry, by fax to (202) 395–5806. Written optometry, and dentistry. The PPOD [30Day–15–14VL] comments should be received within 30 Guide and Toolkit are designed to days of this notice. promote a collaborative, team-based Agency Forms Undergoing Paperwork Proposed Project approach to comprehensive diabetes Reduction Act Review care. Both resources are being promoted Assessing the Adoption and Utility of to key target audiences in 2014. The Centers for Disease Control and National Diabetes Education Program In order to understand how target Prevention (CDC) has submitted the (NDEP) Tools and Resources for Health audiences use the resources and apply following information collection request Care Professionals and Health Education the recommended diabetes control to the Office of Management and Budget Facilitators—New—National Center for strategies, CDC plans to conduct a series (OMB) for review and approval in Chronic Disease Prevention and Health of surveys that will assess adoption, use, accordance with the Paperwork Promotion (NCCDPHP), Centers for and satisfaction with the resources. Reduction Act of 1995. The notice for Disease Control and Prevention (CDC). the proposed information collection is Respondents for the PPOD Guide and published to obtain comments from the Background and Brief Description toolkit assessment will include health public and affected agencies. The National Diabetes Education care providers in the private sector, state Written comments and suggestions Program (NDEP) is a joint program of and local government, and federal from the public and affected agencies the Centers for Disease Control and government. Respondents for the New concerning the proposed collection of Prevention and the National Institutes of Beginnings assessment will include information are encouraged. Your Health. The NDEP develops, health education facilitators in the comments should address any of the disseminates, and supports the adoption private sector and state and local following: (a) Evaluate whether the of evidence-based, culturally and government. CDC will coordinate the proposed collection of information is linguistically appropriate tools and information collection and assessment necessary for the proper performance of resources that emphasize the activities with events and opportunities the functions of the agency, including importance of controlling blood glucose sponsored by professional whether the information will have levels, blood pressure, and blood lipids, organizations, and CDC-sponsored practical utility; (b) Evaluate the as well as carrying out other preventive Webinars. Survey findings will be used accuracy of the agencies estimate of the care practices in a timely manner to to guide further improvements to the burden of the proposed collection of improve health outcomes and overall resources, make adjustments to information, including the validity of quality of life. promotional and educational strategies, the methodology and assumptions used; In 2012 and 2013, CDC/NDEP and inform CDC’s technical assistance (c) Enhance the quality, utility, and collaborated with relevant partners to related to diabetes education. clarity of the information to be update two major diabetes education OMB approval is requested for one collected; (d) Minimize the burden of resources: ‘‘New Beginnings: A year. All information will be collected the collection of information on those Discussion Guide for Living Well with electronically. Participation in the who are to respond, including through Diabetes’’ (hereafter referred to as New surveys is voluntary and there are no the use of appropriate automated, Beginnings), and ‘‘Working Together to costs to respondents other than their electronic, mechanical, or other Manage Diabetes: A Guide and Toolkit time. The total estimated annualized technological collection techniques or for Pharmacy, Podiatry, Optometry, and burden hours are 233.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63126 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
ESTIMATED ANNUALIZED BURDEN HOURS
Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hr)
Private sector health care providers ...... PPOD Guide and Toolkit Follow-up Survey .. 80 1 10/60 New Beginnings Assessment Survey ...... 700 1 15/60 State and Local government health care pro- PPOD Guide and Toolkit Follow-up Survey .. 80 1 10/60 viders and health education facilitators. New Beginnings Assessment Survey ...... 100 1 15/60 Federal Government health care providers .... PPOD Guide and Toolkit Follow-up Survey .. 40 1 10/60
Leroy A. Richardson, ADDRESSES: CDC has waived the Services, Centers for Disease Control Chief, Information Collection Review Office, Grants.gov electronic submission and Prevention, 1600 Clifton Rd MS E– Office of Scientific Integrity, Office of the process for this requirement. Recipients 29, Atlanta, GA 30333, Telephone: 404– Associate Director for Science, Office of the are hereby authorized to submit a paper 639–8093, E-Mail: [email protected]. Director, Centers for Disease Control and copy application for (CDC–RFA–GH14– For financial, awards management, or Prevention. 1418) via Express Mail (i.e. FedEx, UPS, [FR Doc. 2014–25095 Filed 10–21–14; 8:45 am] budget assistance: Arthur C. Lusby, or DHL) and send the application via Grants Management Officer, Centers for BILLING CODE 4163–18–P email. Mailed applications must be Disease Control and Prevention, 2920 address to Arthur C. Lusby, Centers for Brandywine Road, Atlanta, GA 30341, Disease Control and Prevention, 2920 DEPARTMENT OF HEALTH AND Telephone (770) 488–2865, Email: Brandywine Road, Atlanta, GA 30341, [email protected]. HUMAN SERVICES telephone (770) 488–2865, or email him SUPPLEMENTARY INFORMATION: The Centers for Disease Control and at [email protected]. The application Prevention must include a detailed line-item budget purpose of this notice is to solicit and justification to support the Ebola applications from eligible Ministries of Notice of Intent To Award Ebola activities from October 31, 2014 to Health and their bona fide agents to Response Outbreak Funding to September 29, 2015. quickly arrest the spread of the Ebola Eligible Ministries of Health and Their Please download the following to virus in West Africa and contain the Bona Fide Agents complete the application package: disease as quickly as possible. The http://apply07.grants.gov/apply/forms/ funding will support the impacted AGENCY: Centers for Disease Control and sample/SF424_2_1-V2.1.pdf— countries and the surrounding countries Prevention (CDC), Department of Health Application Package to combat this health crisis. This and Human Services (HHS). http://www.cdc.gov/od/pgo/funding/ funding will target the following ACTION: Notice. docs/CertificationsForm.pdf— countries: Liberia, Sierra Leone, Guinea, Certifications Mauritania, Mali, Senegal, Guinea SUMMARY: This notice provides public http://www.cdc.gov/od/pgo/funding/ Bissau, Ghana, Gambia, Cote d’Ivoire, announcement of CDC’s intent to award grants/Budget_Preparation_ Togo, Benin, and Nigeria to support the Ebola appropriations to select Ministries Guidelines_8-2-12.docx—CDC–PGO responses of the CDC to the outbreak of of Health and their bona fide agents for Budget Guidelines Ebola virus in West Africa. This funding response to the Ebola outbreak funding. http://apply07.grants.gov/apply/forms/ will enable the U.S. to provide unified This award was proposed in Fiscal Year sample/SF424A-V1.0.pdf—SF–424A mobilization to address a crisis of this (FY) 2015 under funding opportunity Budget Information magnitude. CDC will continue to build announcement GH14–1418, ‘‘Protecting All applications must be submitted to partnerships and strengthen existing and Strengthening Public Health and received by the Grants Management projects to respond to Ebola. CDC and Impact, Systems, Capacity, and Officer (GMO) no later than 11:59 p.m. its partners will help to address the Security.’’ EST on October 23, 2014 and please need for surveillance, detection, coordination, response, and increase Catalogue of Federal Domestic Assistance provide the GMO a PDF version of the Number (CFDA): 93.318 application by email to the following eligible governments’ capacity to email address: pgoebolaresponse@ respond to the Ebola outbreak. Authority: Public Health Service 301(a) cdc.gov subject line: CDC–RFA–GH14– Award Information: and 307 as amended [42 U.S.C. 241 and 242l] 1418. Type of Award: Amended FOA. Multiple awards may be awarded to Applicants will be provided with the Funding Opportunity Announcement Approximate Total Current Fiscal grantees totaling $2,000,000 for Ebola Year ACA Funding: $2,000,000. response outbreak. (FOA) and additional application submission guidance via email Funding is appropriated under the Anticipated Number of Awards: notification. Applicants may contact the Continuing Appropriations Resolution, multiple. POCs listed with questions regarding 2015, Public Law 113–164, 128 Stat. Fiscal Year Funds: 2015. the application process. 1867 (2014). Anticipated Award Date: October 30, FOR FURTHER INFORMATION CONTACT: DATES: Anticipated award date 10/30/ 2014. 2014 through 09/29/2015. For Programmatic or Technical Application Selection Process: Application Due Date: 10/23/2014 Assistance Funding will be awarded to applicant Project Number is CDC–RFA–GH14– Kawi Mailutha, Project Officer, based on results from the technical 1418. Department of Health and Human review recommendation.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63127
Dated: October 17, 2014. SUPPLEMENTARY INFORMATION: In human health, the recalling firm must Ron A. Otten, compliance with 44 U.S.C. 3507, FDA also request that each establishment that Acting Deputy Associate Director for Science, has submitted the following proposed sells the recalled formula post (at point Centers for Disease Control and Prevention. collection of information to OMB for of purchase) a notice of the recall and [FR Doc. 2014–25133 Filed 10–17–14; 4:15 pm] review and clearance. provide us with a copy of the notice. BILLING CODE 4163–18–P Infant Formula Recall Regulations—21 Section 107.240 requires the recalling CFR 107.230, 107.240, 107.250, 107.260, firm to conduct an infant formula recall and 107.280 (OMB Control Number with the following elements: (1) Notify DEPARTMENT OF HEALTH AND 0910–0188)—(Extension) the appropriate FDA district office of HUMAN SERVICES the recall by telephone within 24 hours, Section 412(e) of the Federal Food, (2) submit a written report to that office Food and Drug Administration Drug, and Cosmetic Act (the FD&C Act) within 14 days, and (3) submit a written (21 U.S.C. 350a(e)) provides that if the [Docket No. FDA–2014–N–1027] status report at least every 14 days until manufacturer of an infant formula has knowledge that reasonably supports the the recall is terminated. Before Agency Information Collection terminating a recall, the recalling firm is Activities; Submission for Office of conclusion that an infant formula processed by that manufacturer has left required to submit a recommendation Management and Budget Review; for termination of the recall to the Comment Request; Infant Formula its control and may not provide the appropriate FDA district office and wait Recall Regulations nutrients required in section 412(i) of the FD&C Act or is otherwise for our written concurrence (§ 107.250). AGENCY: Food and Drug Administration, adulterated or misbranded, the Where the recall strategy or HHS. manufacturer must promptly notify the implementation is determined to be ACTION: Notice. Secretary of Health and Human Services deficient, we may require the firm to (the Secretary). If the Secretary change the extent of the recall, carry out SUMMARY: The Food and Drug determines that the infant formula additional effectiveness checks, and Administration (FDA) is announcing issue additional notifications that a proposed collection of presents a risk to human health, the manufacturer must immediately take all (§ 107.260). In addition, to facilitate information has been submitted to the location of the product being recalled, Office of Management and Budget actions necessary to recall shipments of such infant formula from all wholesale the recalling firm is required to (OMB) for review and clearance under maintain distribution records for at least the Paperwork Reduction Act of 1995. and retail establishments, consistent with recall regulations and guidelines 1 year after the expiration of the shelf DATES: Fax written comments on the issued by the Secretary. Section life of the infant formula (§ 107.280). collection of information by November 412(f)(2) of the FD&C Act states that 21, 2014. The reporting and recordkeeping ‘‘the Secretary shall by regulation requirements described previously are ADDRESSES: To ensure that comments on prescribe the scope and extent of recalls designed to enable us to monitor the the information collection are received, of infant formula necessary and effectiveness of infant formula recalls in OMB recommends that written appropriate for the degree of risk to order to protect babies from infant comments be faxed to the Office of human health presented by the formula formula that may be unsafe because of Information and Regulatory Affairs, subject to recall.’’ Our infant formula OMB, Attn: FDA Desk Officer, FAX: contamination or nutritional inadequacy _ recall regulations in part 107 (21 CFR or otherwise adulterated or misbranded. 202–395–7285, or emailed to oira part 107) implement these statutory [email protected]. All We use the information collected under provisions. these regulations to help ensure that comments should be identified with the Section 107.230 requires each OMB control number 0910–0188. Also such products are quickly and recalling firm to conduct an infant efficiently removed from the market. include the FDA docket number found formula recall with the following in brackets in the heading of this elements: (1) Evaluate the hazard to In the Federal Register of August 7, document. human health, (2) devise a written recall 2014 (79 FR 46270), FDA published a FOR FURTHER INFORMATION CONTACT: FDA strategy, (3) promptly notify each 60-day notice requesting public PRA Staff, Office of Operations, Food affected direct account (customer) about comment on the proposed collection of and Drug Administration, 8455 the recall, and (4) furnish the information. No comments were Colesville Rd., COLE–14526, Silver appropriate FDA district office with received. Spring, MD 20993–0002, PRAStaff@ copies of these documents. If the We estimate the annual burden of this fda.hhs.gov. recalled formula presents a risk to collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of 21 CFR section; activity Number of responses per Total annual Average burden Total hours respondents respondent responses per response
107.230; elements of infant formula recall ...... 2 1 2 4,450 8,900 107.240; notification requirements ...... 2 1 2 1,482 2,964 107.250; termination of infant formula recall ... 2 1 2 120 240 107.260; revision of an infant formula recall 2 1 1 1 625 625
Total ...... 12,729 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 No burden has been estimated for the recordkeeping requirement in § 107.280 because these records are maintained as a usual and cus- tomary part of normal business activities. Manufacturers keep infant formula distribution records for the prescribed period as a matter of routine business practice.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63128 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
The reporting and third-party and information from firms that have effectiveness checks and issue disclosure burden estimates are based conducted recalls. We estimate that 2 additional notifications, for a total of on our records, which show that there respondents will conduct infant formula 625 hours. are 5 manufacturers of infant formula recalls under § 107.230 and that it will Under 5 CFR 1320.3(b)(2), the time, and that there have been, on average, 2 take a respondent 4,450 hours to comply effort, and financial resources necessary infant formula recalls per year for the with the requirements of that section, to comply with a collection of past 3 years. Based on this information, for a total of 8,900 hours. We estimate information are excluded from the we estimate that there will be, on that 2 respondents will conduct infant burden estimate if the reporting, average, approximately 2 infant formula formula recalls under § 107.240 and that recordkeeping, or disclosure activities recalls per year over the next 3 years. it will take a respondent 1,482 hours to needed to comply are usual and Thus, we estimate that 2 respondents comply with the requirements of that customary because they would occur in will conduct recalls annually pursuant section, for a total of 2,964 hours. We the normal course of activities. No to §§ 107.230, 107.240, and 107.250. estimate that 2 respondents will submit burden has been estimated for the The estimated number of respondents recommendations for termination of recordkeeping requirement in § 107.280 for § 107.260 is minimal because we infant formula recalls under § 107.250 because these records are maintained as seldom use this section; therefore, we and that it will take a respondent 120 a usual and customary part of normal estimate that there will be 1 or fewer hours to comply with the requirements business activities. Manufacturers keep respondents annually for § 107.260. The of that section, for a total of 240 hours. infant formula distribution records for estimated number of hours per response Finally, we estimate that 1 respondent the prescribed period as a matter of is an average based on our experience will need to carry out additional routine business practice.
TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
Number of 21 CFR section; activity Number of disclosures per Total annual Average burden Total hours respondents respondent disclosures per disclosure
107.230; elements of infant formula recall ...... 2 1 2 50 100 107.260; revision of an infant formula recall ... 1 1 1 25 25
Total ...... 125 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
Table 2 reports our third-party Dated: October 16, 2014. OMB recommends that written disclosure burden estimates for Leslie Kux, comments be faxed to the Office of §§ 107.230 and 107.260. The estimated Assistant Commissioner for Policy. Information and Regulatory Affairs, burden hours per disclosure is an [FR Doc. 2014–25105 Filed 10–21–14; 8:45 am] OMB, Attn: FDA Desk Officer, FAX: _ average based on our experience. The BILLING CODE 4164–01–P 202–395–7285, or emailed to oira third-party disclosure burden in [email protected]. All § 107.230 is the requirement to comments should be identified with the promptly notify each affected direct- DEPARTMENT OF HEALTH AND OMB control number 0910–0277. Also account (customer) about the recall, and HUMAN SERVICES include the FDA docket number found in brackets in the heading of this if the recalled formula presents a risk to Food and Drug Administration document. human health, the requirement that the recalling firm must also request that [Docket No. FDA–2014–N–1104] FOR FURTHER INFORMATION CONTACT: FDA each establishment that sells the PRA Staff, Office of Operations, Food recalled formula post a notice of the Agency Information Collection and Drug Administration, 8455 recall at the point of purchase. We Activities; Submission for Office of Colesville Rd.; COLE–14526, Silver estimate that 2 respondents will Management and Budget Review; Spring, MD 20993–0002 PRAStaff@ conduct infant formula recalls under Comment Request; State Petitions for fda.hhs.gov. § 107.230 and that it will take a Exemption From Preemption SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA respondent 50 hours to comply with the AGENCY: Food and Drug Administration, has submitted the following proposed third-party disclosure requirements of HHS. collection of information to OMB for that section, for a total of 100 hours. The ACTION: Notice. third-party disclosure burden in review and clearance. § 107.260 is the requirement to issue SUMMARY: The Food and Drug State Petitions for Exemption From additional notifications where the recall Administration (FDA) is announcing Preemption—21 CFR 100.1(d) (OMB strategy or implementation is that a proposed collection of Control Number 0910–0277)— determined to be deficient. We estimate information has been submitted to the (Extension) that 1 respondent will issue additional Office of Management and Budget Under section 403A(b) of the Federal notifications under § 107.260 and that it (OMB) for review and clearance under Food, Drug, and Cosmetic Act (the will take a respondent 25 hours to the Paperwork Reduction Act of 1995. FD&C Act) (21 U.S.C. 343–1(b)), states comply with the third-party disclosure DATES: Fax written comments on the may petition FDA for exemption from requirements of that section, for a total collection of information by November Federal preemption of state food of 25 hours. 21, 2014. labeling and standard of identity ADDRESSES: To ensure that comments on requirements. Section 100.1(d) (21 CFR the information collection are received, 100.1(d)) sets forth the information a
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63129
state is required to submit in such a section 403A(b) of the FD&C Act for comment on the proposed collection of petition. The information required granting exemption from Federal information. No comments were under § 100.1(d) enables FDA to preemption. received. determine whether the state food In the Federal Register of August 7, We estimate the annual burden of this labeling or standard of identity 2014 (79 FR 46269), FDA published a collection of information as follows: requirement satisfies the criteria of 60-day notice requesting public
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of 21 CFR 100.1(d) Number of responses per Total annual Avg. burden per Total hours respondents respondent responses response
Form of petition ...... 1 1 1 40 40 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
The reporting burden for § 100.1(d) is final version of the guidance, submit vomiting, and sensitivity to light and/or minimal because petitions for either electronic or written comments sound. Pharmacologic approaches to the exemption from preemption are seldom on the draft guidance by December 22, treatment of migraine include drugs to submitted by states. In the last 3 years, 2014. treat acute migraine attacks as they arise we have received one new petition for ADDRESSES: Submit written requests for (acute treatment of migraine) and drugs exemption from preemption; therefore, single copies of the draft guidance to the to reduce the frequency of migraine we estimate that one or fewer petitions Division of Drug Information, Center for attacks (preventive treatment). This will be submitted annually. Drug Evaluation and Research, Food guidance addresses the development Dated: October 16, 2014. and Drug Administration, 10001 New program of drugs for the acute treatment Leslie Kux, Hampshire Ave., Hillandale Building, of migraine, including trial population, trial design, dose selection, efficacy Assistant Commissioner for Policy. 4th Floor, Silver Spring, MD 20993. Send one self-addressed adhesive label endpoints, and statistical [FR Doc. 2014–25106 Filed 10–21–14; 8:45 am] to assist that office in processing your considerations. The guidance also BILLING CODE 4164–01–P requests. See the SUPPLEMENTARY discusses safety considerations, INFORMATION section for electronic pediatric studies, and labeling considerations. DEPARTMENT OF HEALTH AND access to the draft guidance document. Submit electronic comments on the HUMAN SERVICES This draft guidance is being issued draft guidance to http:// consistent with FDA’s good guidance Food and Drug Administration www.regulations.gov. Submit written practices regulation (21 CFR 10.115). comments to the Division of Dockets The draft guidance, when finalized, will [Docket No. FDA–2014–D–1540] Management (HFA–305), Food and Drug represent the Agency’s current thinking Administration, 5630 Fishers Lane, Rm. on developing drugs for the acute Migraine: Developing Drugs for Acute 1061, Rockville, MD 20852. treatment of migraine. It does not create Treatment; Draft Guidance for FOR FURTHER INFORMATION CONTACT or confer any rights for or on any person Industry; Availability : Eric Bastings, Center for Drug Evaluation and and does not operate to bind FDA or the AGENCY: Food and Drug Administration, Research, Food and Drug public. An alternative approach may be HHS. Administration, 10903 New Hampshire used if such approach satisfies the ACTION: Notice. Ave., Bldg. 22, Rm. 4338, Silver Spring, requirements of the applicable statutes MD 20993–0002, 301–796–1039. and regulations. SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION: Administration (FDA) is announcing the II. The Paperwork Reduction Act of availability of a draft guidance for I. Background 1995 industry entitled ‘‘Migraine: Developing FDA is announcing the availability of This guidance refers to previously Drugs for Acute Treatment.’’ The a draft guidance for industry entitled approved collections of information that purpose of this guidance is to assist ‘‘Migraine: Developing Drugs for Acute are subject to review by the Office of sponsors in the clinical development of Treatment.’’ The purpose of this Management and Budget (OMB) under drugs for the acute treatment of guidance is to assist sponsors in the the Paperwork Reduction Act of 1995 migraine. This guidance focuses on clinical development of drugs for the (44 U.S.C. 3501–3520). The collections specific drug development and trial acute treatment of migraine. This of information in 21 CFR parts 201, 312, design issues that are unique to the guidance focuses on specific drug and 314 have been approved under study of drugs for the acute treatment of development and trial design issues that OMB control numbers 0910–0572, migraine. This guidance is intended to are unique to the study of drugs for the 0910–0014, and 0910–0001, serve as a focus for continued acute treatment of migraine. This respectively. discussions among the Division of guidance is intended to serve as a focus III. Comments Neurology Products, pharmaceutical for continued discussions among the sponsors, the academic community, and Division of Neurology Products, Interested persons may submit either the public. pharmaceutical sponsors, the academic electronic comments regarding this DATES: Although you can comment on community, and the public. document to http://www.regulations.gov any guidance at any time (see 21 CFR Migraine is a chronic neurovascular or written comments to the Division of 10.115(g)(5)), to ensure that the Agency disorder characterized by recurrent Dockets Management (see ADDRESSES). It considers your comment on this draft attacks of often severe headache, is only necessary to send one set of guidance before it begins work on the typically presenting with nausea, comments. Identify comments with the
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63130 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
docket number found in brackets in the INFORMATION section for electronic satisfies the requirements of the heading of this document. Received access to the guidance document. applicable statutes and regulations. comments may be seen in the Division Submit electronic comments on the II. Comments of Dockets Management between 9 a.m. guidance to http://www.regulations.gov. and 4 p.m., Monday through Friday, and Submit written comments to the Interested persons may submit either will be posted to the docket at http:// Division of Dockets Management (HFA– electronic comments regarding this www.regulations.gov. 305), Food and Drug Administration, document to http://www.regulations.gov 5630 Fishers Lane, Rm. 1061, Rockville, or written comments to the Division of IV. Electronic Access MD 20852. Dockets Management (see ADDRESSES). It Persons with access to the Internet FOR FURTHER INFORMATION CONTACT: is only necessary to send one set of may obtain the document at either Emily M. Leongini, Office of Policy and comments. Identify comments with the http://www.fda.gov/Drugs/Guidance Risk Management, Office of Regulatory docket number found in brackets in the ComplianceRegulatoryInformation/ Affairs, Food and Drug Administration, heading of this document. Received Guidances/default.htm or http:// 10902 New Hampshire Ave., Bldg. 32, comments may be seen in the Division www.regulations.gov. rm. 4339, Silver Spring, MD 20903, of Dockets Management between 9 a.m. Dated: October 15, 2014. 301–796–5300. and 4 p.m., Monday through Friday, and Leslie Kux, SUPPLEMENTARY INFORMATION: will be posted to the docket at http:// Assistant Commissioner for Policy. www.regulations.gov. I. Background [FR Doc. 2014–25048 Filed 10–21–14; 8:45 am] III. Electronic Access BILLING CODE 4164–01–P FDA is announcing the availability of a guidance for industry entitled Persons with access to the Internet ‘‘Circumstances that Constitute may obtain the document at either DEPARTMENT OF HEALTH AND Delaying, Denying, Limiting, or http://www.fda.gov/Regulatory HUMAN SERVICES Refusing a Drug Inspection.’’ On July 9, Information/Guidances/ucm122044.htm 2012, FDASIA (Pub. L. 112–144) was or http://www.regulations.gov. Food and Drug Administration signed into law. Section 707 of FDASIA Dated: October 15, 2014. [Docket No. FDA–2013–D–0710] adds 501(j) to the FD&C Act to make a Leslie Kux, drug adulterated that ‘‘has been Assistant Commissioner for Policy. Guidance for Industry on manufactured, processed, packed, or [FR Doc. 2014–25033 Filed 10–21–14; 8:45 am] held in any factory, warehouse, or Circumstances That Constitute BILLING CODE 4164–01–P Delaying, Denying, Limiting, or establishment and the owner, operator, Refusing a Drug Inspection; or agent of such factory, warehouse, or Availability establishment delays, denies, or limits DEPARTMENT OF HEALTH AND an inspection, or refuses to permit entry HUMAN SERVICES AGENCY: Food and Drug Administration, or inspection.’’ As required by Section HHS. 707, FDA is issuing this guidance to Food and Drug Administration ACTION: Notice. define the types of action, inaction, and circumstances that FDA considers to [Docket No. FDA–2014–N–0001] SUMMARY: The Food and Drug constitute delaying, denying, or limiting Administration (FDA) is announcing the inspection, or refusing to permit entry Seventh Annual Sentinel Initiative; availability of a guidance for industry or inspection for the purposes of Section Public Workshop entitled ‘‘Circumstances that Constitute 501(j) of the FD&C Act. Delaying, Denying, Limiting, or In July 2013, FDA issued a draft AGENCY: Food and Drug Administration, Refusing a Drug Inspection.’’ The Food guidance for industry of the same title HHS. and Drug Administration Safety and (78 FR 42387, July 15, 2013). In ACTION: Notice of public workshop. Innovation Act (FDASIA) added a response to docket comments, we provision to the Food, Drug, and revised the guidance to clarify FDA’s The Food and Drug Administration Cosmetic Act (the FD&C Act) expectations regarding the types of (FDA) is announcing a public workshop concerning inspections that makes a action, inaction, and circumstances that entitled ‘‘Seventh Annual Sentinel drug adulterated. This guidance defines make a drug adulterated under 501(j) of Initiative Public Workshop.’’ Convened the types of actions, inaction, and the FD&C Act. Among other things, we by the Engelberg Center for Health Care circumstances that FDA considers to added examples that may constitute Reform at the Brookings Institution and constitute delaying, denying, or limiting reasonable explanations for actions, supported by a cooperative agreement inspection, or refusing to permit entry inactions, or circumstances that could with FDA, this 1-day workshop will or inspection for the purposes of making otherwise be considered delaying, bring the stakeholder community a drug adulterated. denying, or limiting inspection, or together to discuss a variety of topics on DATES: Submit either electronic or refusing to permit entry or inspection. active medical product surveillance. written comments on Agency guidance This guidance is being issued Topics will include an overview of the at any time. consistent with FDA’s good guidance transition from the Mini-Sentinel pilot ADDRESSES: Submit written requests for practices regulation (21 CFR 10.115). program to the full Sentinel System and single copies of this guidance to the The guidance represents the Agency’s what that means for patients and other Office of Policy and Risk Management, current thinking on ‘‘Circumstances that critical stakeholders. Additionally, Office of Regulatory Affairs, Food and Constitute Delaying, Denying, Limiting, panelists will discuss the future of the Drug Administration, 12420 Parklawn or Refusing a Drug Inspection.’’ It does Sentinel System and opportunities to Dr., rm. 4138, Rockville, MD 20857. not create or confer any rights for or on expand its medical product surveillance Send one self-addressed adhesive label any person and does not operate to bind capabilities. This workshop will also to assist that office in processing your FDA or the public. An alternative engage stakeholders to discuss current requests. See the SUPPLEMENTARY approach may be used if such approach and emerging Sentinel projects.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63131
Date and Time: The public workshop system requirements and a test link in on ‘‘Public Meetings at the FDA White will be held on February 5, 2015, from advance of the event. Prior to joining the Oak Campus.’’ Please note that visitors 9 a.m. to 4 p.m. EST. streaming Webcast of the public to the White Oak Campus must enter Location: The public workshop will workshop, it is recommended that you through Building 1. be held at the Washington Plaza Hotel, review these technical system For those unable to attend in person, 10 Thomas Circle NW., Washington, DC requirements and test your connection. the meeting will also be Web cast. The 20005. For additional travel and hotel Meeting Materials: All event materials Web cast will be available at the information, please refer to http:// will be available to registered attendees following links: events.SignUp4.com/sentinel2015. (FDA via email before the workshop and will • December 2, 2014, Blood Products has verified the Web site addresses be posted after the event on the Advisory Committee Web link: throughout this notice, but FDA is not Brookings Institution event Web site at https://collaboration.fda.gov/ responsible for subsequent changes to http://www.brookings.edu//health/ bpac1214/ the Web sites after this document events. • December 3, 2014, Blood Products publishes in the Federal Register.) Transcripts: Please be advised that Advisory Committee Web link: There will also be a live Webcast for transcripts will not be available. https://collaboration.fda.gov/bpac those unable to attend the meeting in december3/ person (see Streaming Webcast of the Dated: October 15, 2014. Public Workshop). Leslie Kux, Contact Person: Bryan Emery or Contact Person: Carlos Bell, Center for Assistant Commissioner for Policy. Joanne Lipkind, Center for Biologics Drug Evaluation and Research, Food [FR Doc. 2014–25053 Filed 10–21–14; 8:45 am] Evaluation and Research, Food and Drug Administration, 10903 New and Drug Administration, 10903 New BILLING CODE 4164–01–P Hampshire Ave., Bldg. 51, Rm. 6358, Hampshire Ave., Silver Spring, MD Silver Spring, MD 20993, 301–796– 20993, Bldg. 71, Rm. 6132, 240–402– 3714, FAX: 301–847–3529, email: DEPARTMENT OF HEALTH AND 8054 or 240–402–8106, or FDA [email protected]. HUMAN SERVICES Advisory Committee Information Line, Registration: To attend the public 1–800–741–8138 (301–443–0572 in the workshop, you must register before Food and Drug Administration Washington, DC area). A notice in the Federal Register about last minute February 5, 2015, by visiting http:// [Docket No. FDA–2014–N–1617] events.SignUp4.com/sentinel2015. You modifications that impact a previously may also register for the live Webcast by Blood Products Advisory Committee; announced advisory committee meeting visiting this Web page. There will be no Notice of Meeting cannot always be published quickly onsite registration. When registering, enough to provide timely notice. please provide the following AGENCY: Food and Drug Administration, Therefore, you should always check the information: Your name, title, company HHS. Agency’s Web site at or organization (if applicable), postal ACTION: Notice. http://www.fda.gov/ address, telephone number, and email AdvisoryCommittees/default.htm and address. Those without Internet access This notice announces a forthcoming scroll down to the appropriate advisory should contact Carlos Bell to register meeting of a public advisory committee committee meeting link, or call the (see Contact Person). There is no of the Food and Drug Administration advisory committee information line to registration fee for the public workshop. (FDA). The meeting will be open to the learn about possible modifications However, registration will be on a first- public. before coming to the meeting. come, first-served basis because seating Name of Committee: Blood Products Agenda: On December 2, 2014, the is limited. Therefore, early registration Advisory Committee. Committee will meet in open session to is recommended. A 1-hour lunch break General Function of the Committee: hear scientific data related to is scheduled, but food will not be To provide advice and reconsideration of the current blood provided. There are multiple restaurants recommendations to the Agency on donor deferral policy for men who have within walking distance of the FDA’s regulatory issues. had sex with another man (MSM) even Washington Plaza Hotel. Date and Time: The meeting will be one time since 1977. The Committee If you need special accommodations held on December 2, 2014, from 8:30 will be presented with an update on the due to a disability, please contact a.m. to 4:30 p.m. and December 3, 2014, November 13, 2014, meeting of the Joanna Klatzman at the Brookings from 8:30 a.m. to 12:30 p.m. Advisory Committee on Blood and Institution (202–536–3634, email: ADDRESSES: FDA is opening a docket for Tissue Safety and Availability where the [email protected]) at least 7 person interested in presenting data, MSM blood donor deferral policy will days in advance. information, or views, orally or in be discussed. In the afternoon, an Streaming Webcast of the Public writing, on issues pending before the informational presentation will be made Workshop: This public workshop will committee. The docket number is FDA– regarding the emergence of chikungunya also be Webcast (archived video footage 2014–N–1617. Please see the procedure virus infections in the Western will be available on the Brookings section of the notice for further Hemisphere and potential implications Institution Web site following the information. for blood transfusion safety. The workshop). Persons interested in Location: FDA White Oak Campus, Committee will also hear an viewing the live Webcast must register 10903 New Hampshire Ave., Building informational presentation on the first online by February 4, 2015, at 5 p.m. 31 Conference Center, the Great Room survey of the Rapid Donor Surveillance EST. Early registration is recommended (Rm. 1503), Silver Spring, MD 20993. (RapidDOS) project on Middle Eastern because Webcast connections are Information regarding special Respiratory Syndrome coronavirus limited. Organizations are requested to accommodations due to a disability, (MERS-CoV). register all participants but to view visitor parking, and transportation may On December 3, 2014, the Blood using one connection per location be accessed at: http://www.fda.gov/ Products Advisory Committee will be whenever possible. Webcast AdvisoryCommittees/default.htm; under seated as a device classification panel. participants will be sent technical the heading ‘‘Resources for You,’’ click In open session, the panel will discuss
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63132 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
the appropriate device classification of Submit written comments to the www.regulations.gov. Submit written blood establishment computer software Division of Dockets Management, Food petitions (two copies are required) and (BECS) and accessories to BECS. Blood and Drug Administration, 5630 Fishers written comments to the Division of establishment computer software is Lane, Rm. 1061, Rockville, MD 20852. Dockets Management (HFA–305), Food currently subject to the premarket Comments are to be identified with the and Drug Administration, 5630 Fishers notification [510(k)] provisions of the docket number found in brackets in the Lane, Rm. 1061, Rockville, MD 20852. Federal Food, Drug and Cosmetic Act. heading of this document. Received Submit petitions electronically to FDA intends to make background comments may be seen in the Division http://www.regulations.gov at Docket material available to the public no later of Dockets Management between 9 a.m. No. FDA–2013–S–0610. than 2 business days before the meeting. and 4 p.m., Monday through Friday and FOR FURTHER INFORMATION CONTACT: If FDA is unable to post the background will be posted to the docket at http:// Beverly Friedman, Office of material on its Web site prior to the www.regulations.gov. Management, Center for Drug meeting, the background material will FDA welcomes the attendance of the Evaluation and Research, Food and be made publicly available at the public at its advisory committee Drug Administration, 10903 New location of the advisory committee meetings and will make every effort to Hampshire Ave., Bldg. 51, Rm. 6257, meeting, and the background material accommodate persons with physical Silver Spring, MD 20993–0002, 301– will be posted on FDA’s Web site after disabilities or special needs. If you 796–7900. require special accommodations due to the meeting. Background material is SUPPLEMENTARY INFORMATION: The Drug a disability, please contact Bryan Emery available at http://www.fda.gov/ Price Competition and Patent Term at least 7 days in advance of the AdvisoryCommittees/Calendar/ Restoration Act of 1984 (Pub. L. 98–417) default.htm. Scroll down to the meeting. FDA is committed to the orderly and the Generic Animal Drug and Patent appropriate advisory committee meeting Term Restoration Act (Pub. L. 100–670) link. conduct of its advisory committee meetings. Please visit our Web site at generally provide that a patent may be Procedure: Interested persons may http://www.fda.gov/Advisory extended for a period of up to 5 years present data, information, or views, Committees/AboutAdvisoryCommittees/ so long as the patented item (human orally or in writing, on issues pending ucm111462.htm for procedures on drug product, animal drug product, before the committee. Written public conduct during advisory medical device, food additive, or color submissions may be made to the contact committee meetings. additive) was subject to regulatory person on or before November 25, 2014. Notice of this meeting is given under review by FDA before the item was On December 2, 2014, oral presentations the Federal Advisory Committee Act (5 marketed. Under these acts, a product’s from the public will be scheduled U.S.C. app. 2). regulatory review period forms the basis between approximately 1 p.m. to 2 p.m. for determining the amount of extension On December 3, 2014, oral presentations Dated: October 16, 2014. an applicant may receive. from the public will be scheduled Jill Hartzler Warner, A regulatory review period consists of between approximately 10:30 a.m. to 11 Associate Commissioner for Special Medical two periods of time: A testing phase and a.m. Those individuals interested in Programs. an approval phase. For food additives, making formal oral presentations should [FR Doc. 2014–25067 Filed 10–21–14; 8:45 am] the testing phase begins on the date notify the contact person and submit a BILLING CODE 4164–01–P when a major health or environmental brief statement of the general nature of effects test is begun and runs until a the evidence or arguments they wish to petition relying on the test and present, the names and addresses of DEPARTMENT OF HEALTH AND requesting the issuance of a regulation proposed participants, and an HUMAN SERVICES for use of the additive under section 409 indication of the approximate time Food and Drug Administration of the Federal Food, Drug, and Cosmetic requested to make their presentation on Act (the FD&C Act) (21 U.S.C. 348) is or before November 18, 2014. Time [Docket Nos. FDA–2012–E–1242; FDA– initially submitted to FDA. The allotted for each presentation may be 2012–E–1243] approval phase begins on the date a limited. If the number of registrants petition requesting the issuance of a Determination of Regulatory Review requesting to speak is greater than can regulation for use of the additive under Period for Purposes of Patent be reasonably accommodated during the section 409 of the FD&C Act is initially Extension; CARBON DIOXIDE LASER scheduled open public hearing session, received. The approval phase continues FDA may conduct a lottery to determine AGENCY: Food and Drug Administration, until the regulation for the additive the speakers for the scheduled open HHS. becomes effective or until commercial public hearing session. The contact ACTION: Notice. marketing is permitted (21 CFR 60.22). person will notify interested persons Although only a portion of a regulatory regarding their request to speak by SUMMARY: The Food and Drug review period may count toward the November 19, 2014. Administration (FDA) has determined actual amount of extension that the FDA has opened a docket for the the regulatory review period for Director of USPTO may award (for public who are interested in presenting CARBON DIOXIDE LASER and is example, half the testing phase must be data, information, or views, orally or in publishing this notice of that subtracted as well as any time that may writing, on issues pending before the determination as required by law. FDA have occurred before the patent was committee. The docket number is FDA– has made the determination because of issued), FDA’s determination of the 2014–N–1617. The docket will close the submission of applications to the length of a regulatory review period for November 25, 2014. Interested persons Director of the United States Patent and a food additive will include all of the are encouraged to use the docket to Trademark Office (USPTO), Department testing phase and approval phase as submit electronic or written comments of Commerce, for the extension of a specified in 35 U.S.C. 156(g)(1)(B). regarding this meeting. Submit patent which claims that food additive. FDA has amended the food additive electronic comments to http:// ADDRESSES: Submit electronic regulations to provide for the safe use of www.regulations.gov. comments to http:// CARBON DIOXIDE LASER for etching
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63133
information on the surface of fresh, diligence during the regulatory review Human Services established the NSABB to intact citrus fruit for commercial period by April 20, 2015. To meet its provide advice regarding federal oversight of marketing as specified in 21 CFR burden, the petition must contain dual use research, defined as biological 179.43. Subsequent to this approval, sufficient facts to merit an FDA research that generates information and USPTO received patent term restoration investigation. (See H. Rept. 857, part 1, technologies that could be misused to pose applications for CARBON DIOXIDE 98th Cong., 2d sess., pp. 41–42, 1984.) a biological threat to public health and/or LASER (U.S. Patent Nos. 5,660,747 and Petitions should be in the format national security. 5,897,797) from Durant Wayland, Inc., The meeting will be open to the public, specified in 21 CFR 10.30. however pre-registration is strongly and the USPTO requested FDA’s Interested persons may submit to the recommended due to space limitations. assistance in determining the patents’ Division of Dockets Management (see Persons planning to attend may register eligibility for patent term restoration. In ADDRESSES) electronic or written online at: http://palladianpartners.cvent. a letter dated February 13, 2013, FDA comments and written or electronic com/d/KY8f5UlwH0WnoisQD81oFg/8nfg/P1/ advised the USPTO that this product petitions. It is only necessary to send 1Q or by calling Palladian Partners, Inc. had undergone a regulatory review one set of comments. Identify comments (Contact: Joel Yaccarino at 301–650–8660). period and that FDA’s granting of the with the docket number found in Online registration will close at 12:00 p.m. food additive petition for CARBON brackets in the heading of this Eastern the day before the meeting. After that DIOXIDE LASER represented the first document. If you submit a written time, you will need to register onsite on the permitted commercial marketing or use petition, two copies are required. A day of the meeting, from 7:15 a.m. Eastern. of the product. Thereafter, the USPTO petition submitted electronically must Individuals who plan to attend and need requested that FDA determine the be submitted to http:// special assistance, such as sign language product’s regulatory review period. www.regulations.gov, Docket No. FDA– interpretation or other reasonable FDA has determined that the 2013–S–0610. Comments and petitions accommodations, should indicate these applicable regulatory review period for that have not been made publicly requirements upon registration. CARBON DIOXIDE LASER is 1,950 available on http://www.regulations.gov This meeting will also be webcast. To access the webcast and meeting information, days. The applicant has not asserted a may be viewed in the Division of testing phase. All 1,950 days of the including the draft meeting agenda and the Dockets Management between 9 a.m. registration link, connect to: http://osp.od. regulatory review period occurred and 4 p.m., Monday through Friday. during the approval phase. This period nih.gov/office-biotechnology-activities/ biosecurity/nsabb/nsabb-meetings-and- of time was derived from the following Dated: October 16, 2014. conferences. Please check this site for dates: Leslie Kux, Assistant Commissioner for Policy. updates. 1. The date a major health or Time will be allotted on the agenda for oral [FR Doc. 2014–25032 Filed 10–21–14; 8:45 am] environmental effects test on the food public comment, with presentations limited additive was initiated: No date claimed. BILLING CODE 4164–01–P to three minutes per speaker. Sign-up for oral The applicant has not asserted a testing public comments will begin at approximately period. 7:45 a.m. on October 22, 2014, and will be 2. The date the application was DEPARTMENT OF HEALTH AND restricted to one sign-in per person. In the initially submitted with respect to the HUMAN SERVICES event that time does not allow for all those food additive under section 409 of the interested to present oral comments, any FD&C Act: February 9, 2007. FDA has National Institutes of Health interested person may file written comments with the committee by forwarding the determined that the food additive Office of the Director, Program on petition (FAP) for Carbon Dioxide Laser statement to the Contact Person listed on this Biosecurity and Biosafety Policy; notice. The statement should include the for Etching Food (FAP 7M4768) was Notice of Meeting submitted on February 9, 2007. name, address, telephone number and when 3. The date a regulation for use of the Pursuant to section 10(a) of the applicable, the business or professional food additive became effective: June 11, Federal Advisory Committee Act, as affiliation of the interested person. In addition, any interested person may submit 2012. FDA has verified the applicant’s amended (5 U.S.C. App.), notice is claim that FAP 7M4768 was granted written comments to the NSABB prior to the hereby given of the meeting of the meeting by sending the comments to the through FDA’s issuance of a responsive National Science Advisory Board for Contact Person listed on this notice by 5:00 food additive regulation, effective June Biosecurity (NSABB). p.m. Eastern on October 20, 2014. Written 11, 2012. Name of Committee: National Science comments should include the name, address, This determination of the regulatory Advisory Board for Biosecurity. telephone number and when applicable, the review period establishes the maximum Date: October 22, 2014. business or professional affiliation of the potential length of a patent extension. Time: 8:00 a.m.–4:00 p.m. Eastern Time interested person. Any written comments However, the USPTO applies several (Times are approximate and subject to received after the deadline will be provided statutory limitations in its calculations change). to the Committee either before or after the of the actual period for patent extension. Agenda: Presentations and discussions meeting, depending on the volume of In its applications for patent extension, regarding: (1) Overview of recent Federal comments received and the time required to policies regarding biosafety and biosecurity; this applicant seeks 5 years of patent process them in accordance with privacy and (2) other business of the Board. regulations and other applicable Federal term extension. Place: National Institutes of Health, policies. Anyone with knowledge that any of Building 31; 6th Floor, Conference Room 6, In the interest of security, NIH has the dates as published are incorrect may Bethesda, Maryland. submit to the Division of Dockets Contact Person: Carolyn Mosby, NSABB instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, Management (see ADDRESSES) either Program Assistant, NIH Program on Biosecurity and Biosafety Policy, 6705 including taxis, hotel, and airport shuttles electronic or written comments and ask will be inspected before being allowed on for a redetermination by December 22, Rockledge Drive, Suite 750, Bethesda, Maryland 20892, (301) 435–5504, campus. Visitors will be asked to show one 2014. Furthermore, any interested [email protected]. form of identification (for example, a person may petition FDA for a Under authority 42 U.S.C. 217a, Section government-issued photo ID, driver’s license, determination regarding whether the 222 of the Public Health Service Act, as or passport) and to state the purpose of their applicant for extension acted with due amended, the Department of Health and visit.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63134 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Dated: October 16, 2014. 93.848, Digestive Diseases and Nutrition DEPARTMENT OF HEALTH AND David Clary, Research; 93.849, Kidney Diseases, Urology HUMAN SERVICES Program Analyst, Office of Federal Advisory and Hematology Research, National Institutes Committee Policy. of Health, HHS). National Institutes of Health [FR Doc. 2014–25030 Filed 10–21–14; 8:45 am] Dated: October 16, 2014. National Eye Institute Meeting BILLING CODE 4140–01–P David Clary, Program Analyst, Office of Federal Advisory ACTION: Notice of meeting. Committee Policy. DEPARTMENT OF HEALTH AND SUMMARY: Pursuant to the NIH Reform HUMAN SERVICES [FR Doc. 2014–25045 Filed 10–21–14; 8:45 am] Act of 2006 (42 U.S.C. 281(d)(4)), notice BILLING CODE 4140–01–P is hereby given that the National Eye National Institutes of Health Institute will host a meeting to enable public discussion of the Institute’s National Institute of Diabetes and DEPARTMENT OF HEALTH AND proposal to rename its Division of Digestive and Kidney Diseases; Notice HUMAN SERVICES Extramural Research to the Division of of Closed Meetings Extramural Science and establish a new National Institutes of Health Pursuant to section 10(d) of the Division of Extramural Activities. The proposal seeks to clearly delineate Federal Advisory Committee Act, as National Institute of Allergy and amended (5 U.S.C. App.), notice is functions and streamline the services Infectious Diseases; Notice of Closed provided by adding focus to scientific hereby given of the following meetings. Meeting The meetings will be closed to the programs and extramural operations. public in accordance with the This proposed change aligns NEI with Pursuant to section 10(d) of the the structure of other NIH Institutes and provisions set forth in sections Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Centers. amended (5 U.S.C. App.), notice is DATES: The public hearing will be as amended. The grant applications and hereby given of the following meeting. the discussions could disclose available to view on October 23, 2014. confidential trade secrets or commercial The meeting will be closed to the ADDRESSES: The public hearing will be property such as patentable material, public in accordance with the recorded at the National Eye Institute, and personal information concerning provisions set forth in sections 31 Center Drive, Bethesda, MD 20892. individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., To comment or ask a question about the applications, the disclosure of which as amended. The grant applications and reorganization, please send an email to would constitute a clearly unwarranted the discussions could disclose the following address: invasion of personal privacy. confidential trade secrets or commercial [email protected]. Name of Committee: National Institute of property such as patentable material, To view the webinar, which will be Diabetes and Digestive and Kidney Diseases and personal information concerning posted on YouTube on October 23, Special Emphasis Panel; Ancillary Studies: individuals associated with the grant 2014, go to the following Web site: Group 1, Diabetes. applications, the disclosure of which www.nei.nih.gov/DEROrgChange. Date: December 3, 2014. would constitute a clearly unwarranted FOR FURTHER INFORMATION CONTACT: Time: 1:00 p.m. to 3:30 p.m. invasion of personal privacy. Aytaj Vily, National Eye Institute, NIH, Agenda: To review and evaluate grant MPAB, 31 Center Drive, Bethesda, MD applications. Name of Committee: Microbiology, 20892, at NEIOrgChangeComment@ Place: National Institutes of Health, Two Infectious Diseases and AIDS Initial Review mail.nih.gov. Democracy Plaza, 6707 Democracy Group, Acquired Immunodeficiency Boulevard, Bethesda, MD 20892, (Telephone Members of the public wishing to Syndrome Research Review Committee. have their questions or comments Conference Call). Date: November 18, 2014. Contact Person: Paul A. Rushing, Ph.D., addressed related to this presentation on Time: 8:00 a.m. to 5:00 p.m. Scientific Review Officer, Review Branch, the reorganization need to send them to Agenda: To review and evaluate grant DEA, NIDDK, National Institutes of Health, the following email address: applications. Room 747, 6707 Democracy Boulevard, [email protected]. Place: National Institutes of Health, Room Bethesda, MD 20892–5452, (301) 594–8895, Individuals will be able to watch the 3E70B, 5601 Fishers Lane, Bethesda, MD [email protected]. presentation via a YouTube webinar. 20892, (Telephone Conference Call). Name of Committee: National Institute of Please go to the following link to view Diabetes and Digestive and Kidney Diseases Contact Person: Vasundhara Varthakavi, Ph.D., Scientific Review Officer, Scientific the webinar: www.nei.nih.gov/ Special Emphasis Panel; U.S.-India Bilateral DEROrgChange. Collaborative Research Partnerships (CRP) on Review Program, NIH/NIAID/DEA/ARRB, Any interested person may file Diabetes Research (R21). 5601 Fishers Lane, Bethesda, MD 20892, written comments by sending an email Date: January 26, 2015. 240–669–5010, [email protected]. to the following email address: Time: 8:00 a.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant [email protected], Program Nos. 93.855, Allergy, Immunology, applications. by October 30, 2014. The statement Place: Residence Inn Bethesda, 7335 and Transplantation Research; 93.856, should include the individual’s name Wisconsin Avenue, Bethesda, MD 20814. Microbiology and Infectious Diseases and, when applicable, professional Contact Person: Najma Begum, Ph.D., Research, National Institutes of Health, HHS). affiliation. Responses will be sent by Scientific Review Officer, Review Branch, Dated: October 16, 2014. November 4, 2014. DEA, NIDDK, National Institutes of Health, Room 749, 6707 Democracy Boulevard, David Clary, SUPPLEMENTARY INFORMATION: The Bethesda, MD 20892–5452, (301) 594–8894, Program Analyst, Office of Federal Advisory agenda of the public meeting will enable [email protected]. Committee Policy. public discussion on the proposed (Catalogue of Federal Domestic Assistance [FR Doc. 2014–25042 Filed 10–21–14; 8:45 am] reorganization plans for NEI. This Program Nos. 93.847, Diabetes, BILLING CODE 4140–01–P meeting will be in the form of a webinar Endocrinology and Metabolic Research; posted on YouTube on October 23,
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63135
2014. 508 Compliance Note: All training The meetings will be closed to the Child Health and Human Development or informational video and multimedia public in accordance with the Special Emphasis Panel, November 12, productions made available to the provisions set forth in sections 2014, 01:00 p.m. to November 12, 2014, public must be captioned (user selects 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 05:00 p.m., National Institutes of Health, the captioning to be turned on so that as amended. The grant applications and 6100 Executive Boulevard, Rockville, the words appear on the screen) for the discussions could disclose MD, 20852 which was published in the persons who are hard of hearing or deaf, confidential trade secrets or commercial Federal Register on October 9, 2014, 79 and the audio described (spoken words) property such as patentable material, FR, page 61085. for persons who are blind or have low and personal information concerning The meeting notice is amended to vision. The following email address has individuals associated with the grant change the date of the meeting from been established to receive questions applications, the disclosure of which November 12, 2014, to November 19, and/or comments on the reorganization: would constitute a clearly unwarranted 2014. The meeting is closed to the [email protected]. invasion of personal privacy. public. It will remain available, through Name of Committee: National Institute of Dated: October 16, 2014. October 30, to the public for comments Allergy and Infectious Diseases Special Michelle Trout, after the YouTube webinar has been Emphasis Panel, NIAID Peer Review Meeting. aired. To watch the webinar on Date: November 12–14, 2014. Program Analyst, Office of Federal Advisory YouTube, go to: www.nei.nih.gov/ Time: 8:00 a.m. to 5:00 p.m. Committee Policy. DEROrgChange to view/access the Agenda: To review and evaluate contract [FR Doc. 2014–25044 Filed 10–21–14; 8:45 am] presentation. proposals. BILLING CODE 4140–01–P Place: Doubletree Hotel Bethesda Dated: October 1, 2014. (Formerly Holiday Inn Select), 8120 Vicki Buckley, Wisconsin Avenue, Bethesda, MD 20814. DEPARTMENT OF HEALTH AND Acting Executive Officer, National Eye Contact Person: Susana Mendez, Ph.D., HUMAN SERVICES Institute, National Institutes of Health. DVM, Scientific Review Officer, Scientific Review Program, DEA/NIAID/NIH/DHHS, National Institutes of Health [FR Doc. 2014–25068 Filed 10–21–14; 8:45 am] 5601 Fishers Lane, Bethesda, MD 20892, BILLING CODE 4140–01–P MSC 7616, 240–669–5077, mendezs@ Center for Scientific Review; Notice of niaid.nih.gov. Closed Meetings Name of Committee: National Institute of DEPARTMENT OF HEALTH AND Allergy and Infectious Diseases Special Pursuant to section 10(d) of the HUMAN SERVICES Emphasis Panel, Atopic Dermatitis and Federal Advisory Committee Act, as Asthma Grant Applications. National Institutes of Health Date: November 13–14, 2014. amended (5 U.S.C. App.), notice is Time: 8:00 a.m. to 5:00 p.m. hereby given of the following meetings. Center for Scientific Review; Agenda: To review and evaluate grant The meetings will be closed to the Cancellation of Meeting applications. public in accordance with the Place: National Institutes of Health, Bldg. provisions set forth in sections Notice is hereby given of the FL, CC RM LD40, 5601 Fishers Lane, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., cancellation of the Center for Scientific Bethesda, MD 20892, (Telephone Conference as amended. The grant applications and Review Special Emphasis Panel, Call). the discussions could disclose Contact Person: Zhuqing Li, Ph.D., October 24, 2014, 8:00 a.m. to October Scientific Review Officer, Scientific Review confidential trade secrets or commercial 24, 2014, 8:30 a.m., Embassy Suites Program, Division of Extramural Activities, property such as patentable material, Alexandria, 1900 Diagonal Road, National Institutes of Health/NIAID, 5601 and personal information concerning Alexandria, VA 22314 which was Fishers Lane, Bethesda, MD 20892, MSC individuals associated with the grant published in the Federal Register on 7616, 240–669–5068, [email protected]. applications, the disclosure of which October 6, 2014, 79 FR 60175. (Catalogue of Federal Domestic Assistance would constitute a clearly unwarranted The meeting is cancelled due to the Program Nos. 93.855, Allergy, Immunology, invasion of personal privacy. and Transplantation Research; 93.856, reassignment of applications. Name of Committee: Center for Scientific Microbiology and Infectious Diseases Review Special Emphasis Panel, Host Dated: October 16, 2014. Research, National Institutes of Health, HHS) Interactions with Bacterial Pathogens. David Clary, Dated: October 16, 2014. Date: November 11, 2014. Program Analyst, Office of Federal Advisory David Clary, Time: 3:00 p.m. to 5:00 p.m. Committee Policy. Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant [FR Doc. 2014–25038 Filed 10–21–14; 8:45 am] Committee Policy. applications. BILLING CODE 4140–01–P Place: National Institutes of Health, 6701 [FR Doc. 2014–25043 Filed 10–21–14; 8:45 am] Rockledge Drive, Bethesda, MD 20892, BILLING CODE 4140–01–P (Telephone Conference Call). DEPARTMENT OF HEALTH AND Contact Person: Fouad A. El-Zaatari, Ph.D., HUMAN SERVICES Scientific Review Officer, Center for DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of National Institutes of Health HUMAN SERVICES Health, 6701 Rockledge Drive, Room 3186, MSC 7808, Bethesda, MD 20892, (301) 435– National Institute of Allergy and National Institutes of Health 1149, [email protected]. Name of Committee: Center for Scientific Infectious Diseases; Notice of Closed Eunice Kennedy Shriver National Meetings Review Special Emphasis Panel, Member Institute of Child Health & Human Conflict: Developmental Brain Disorder and Development; Amended Notice of Psychiatric Disorders. Pursuant to section 10(d) of the Meeting Date: November 13, 2014. Federal Advisory Committee Act, as Time: 2:30 p.m. to 6:30 p.m. amended (5 U.S.C. App.), notice is Notice is hereby given of a change in Agenda: To review and evaluate grant hereby given of the following meetings. the meeting of the National Institute of applications.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63136 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Place: National Institutes of Health, 6701 confidential trade secrets or commercial Date: November 13, 2014. Rockledge Drive, Bethesda, MD 20892, property such as patentable material, Time: 12:00 p.m. to 5:00 p.m. (Telephone Conference Call). and personal information concerning Agenda: To review and evaluate grant Contact Person: Julius Cinque, MS, individuals associated with the grant applications. Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Scientific Review, National Institutes of applications, the disclosure of which Rockledge Drive, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 5186, would constitute a clearly unwarranted (Telephone Conference Call). MSC 7846, Bethesda, MD 20892, (301) 435– invasion of personal privacy. Contact Person: Sara Ahlgren, Ph.D., 1252, [email protected]. Name of Committee: Center for Scientific Scientific Review Officer, Center for Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR Panel: Scientific Review, National Institutes of Review Special Emphasis Panel, PAR Panel: Physical Activity and Weight Control Health, 6701 Rockledge Drive, RM 4136, Pregnancy in Women with Disabilities. Interventions Among Cancer Survivors: Bethesda, MD 20892, 301–435–0904, Date: November 14, 2014. Effects on Biomarkers of Prognosis. [email protected]. Time: 11:00 a.m. to 5:00 p.m. Date: November 7, 2014. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Time: 1:00 p.m. to 3:00 p.m. Review Special Emphasis Panel; Biophysics- applications. Agenda: To review and evaluate grant Chemistry. Place: National Institutes of Health, 6701 applications. Date: November 18, 2014. Rockledge Drive, Bethesda, MD 20892. Place: National Institutes of Health, 6701 Time: 8:00 a.m. to 5:00 p.m. Contact Person: Priscah Mujuru, RN, MPH, Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant DRPH, COHNS, Scientific Review Officer, (Virtual Meeting). applications. Center for Scientific Review, National Contact Person: Denise Wiesch, Ph.D., Place: National Institutes of Health, 6701 Institutes of Health, 6701 Rockledge Drive, Scientific Review Officer, Center for Rockledge Drive, Bethesda, MD 20892, Room 3139, MSC 7770, Bethesda, MD 20892, Scientific Review, National Institutes of (Virtual Meeting). 301–594–6594, [email protected]. Health, 6701 Rockledge Drive, Room 3138, Contact Person: Mike Radtke, Ph.D., Scientific Review Officer, Center for Name of Committee: Center for Scientific MSC 7770, Bethesda, MD 20892, (301) 437– Scientific Review, National Institutes of Review Special Emphasis Panel, Member 3478, [email protected]. Health, 6701 Rockledge Drive, Room 4176, Name of Committee: Center for Scientific Conflict: Neurodegeneration—Microglial and MSC 7806, Bethesda, MD 20892, 301–435– Review Special Emphasis Panel; T Cell Functions. 1728, [email protected]. Date: November 14, 2014. Fellowships: Oncology. Time: 12:00 p.m. to 2:00 p.m. Date: November 13–14, 2014. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Time: 8:00 a.m. to 5:00 p.m. Review Special Emphasis Panel; Member applications. Agenda: To review and evaluate grant Conflict: Digestive Sciences. Place: National Institutes of Health, 6701 applications. Date: November 19, 2014. Rockledge Drive, Bethesda, MD 20892, Place: St. Gregory Hotel, 2033 M Street Time: 1:00 p.m. to 3:00 p.m. (Telephone Conference Call). NW., Washington, DC 20036. Agenda: To review and evaluate grant Contact Person: Samuel C. Edwards, Ph.D., Contact Person: Arnold Revzin, Ph.D., applications. Place: National Institutes of Health, 6701 IRG Chief, Center for Scientific Review, Scientific Review Officer, National Institutes Rockledge Drive, Bethesda, MD 20892, National Institutes of Health, 6701 Rockledge of Health, 6701 Rockledge Drive, Room 4146, (Telephone Conference Call). Drive, Room 5210, MSC 7846, Bethesda, MD MSC 7824, Bethesda, MD 20892, (301) 435– Contact Person: Bonnie L Burgess-Beusse, 20892, (301) 435–1246, edwardss@ 1153, [email protected]. Ph.D., Scientific Review Officer, Center for csr.nih.gov. Name of Committee: Center for Scientific Scientific Review, National Institutes of (Catalogue of Federal Domestic Assistance Review Special Emphasis Panel; Health, 6701 Rockledge Drive, Room 2182, Program Nos. 93.306, Comparative Medicine; Fellowships: Infectious Diseases and MSC 7818, Bethesda, MD 20892, 301–435– 93.333, Clinical Research, 93.306, 93.333, Microbiology. 1783, [email protected]. 93.337, 93.393–93.396, 93.837–93.844, Date: November 13–14, 2014. Time: 8:30 a.m. to 6:00 p.m. (Catalogue of Federal Domestic Assistance 93.846–93.878, 93.892, 93.893, National Program Nos. 93.306, Comparative Medicine; Institutes of Health, HHS) Agenda: To review and evaluate grant applications. 93.333, Clinical Research, 93.306, 93.333, Dated: October 16, 2014. Place: El Tropicana Riverwalk Hotel, 110 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Carolyn A. Baum, Lexington Ave., San Antonio, TX 78220. Institutes of Health, HHS). Program Analyst, Office of Federal Advisory Contact Person: Alexander D. Politis, Committee Policy. Ph.D., Scientific Review Officer, Center for Dated: October 16, 2014. [FR Doc. 2014–25039 Filed 10–21–14; 8:45 am] Scientific Review, National Institutes of David Clary, Health, 6701 Rockledge Drive, Room 3210, BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory MSC 7808, Bethesda, MD 20892, (301) 435– Committee Policy. 1150, [email protected]. [FR Doc. 2014–25036 Filed 10–21–14; 8:45 am] Name of Committee: Center for Scientific DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P HUMAN SERVICES Review Special Emphasis Panel; Topics in Drug Discovery and Mechanisms of National Institutes of Health Antimicrobial Resistance. Date: November 13–14, 2014. DEPARTMENT OF HEALTH AND HUMAN SERVICES Center for Scientific Review; Notice of Time: 8:30 a.m. to 6:00 p.m. Agenda: To review and evaluate grant Closed Meetings applications. National Institutes of Health Place: St. Gregory Hotel, 2033 M Street Pursuant to section 10(d) of the National Institute of Mental Health; Federal Advisory Committee Act, as NW., Washington, DC 20036. Contact Person: Guangyong Ji, Ph.D., Notice of Closed Meeting amended (5 U.S.C. App.), notice is Scientific Review Officer, Center for hereby given of the following meetings. Scientific Review, National Institutes of Pursuant to section 10(d) of the The meetings will be closed to the Health, 6701 Rockledge Drive, Room 3211, Federal Advisory Committee Act, as public in accordance with the MSC 7808, Bethesda, MD 20892, 301–435– amended (5 U.S.C. App.), notice is provisions set forth in sections 1146, [email protected]. hereby given of the following meeting. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Center for Scientific The meeting will be closed to the as amended. The grant applications and Review Special Emphasis Panel; public in accordance with the the discussions could disclose Cardiovascular Sciences. provisions set forth in sections
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63137
552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Emphasis Panel, HIV Vaccine Research and Agenda: To review and evaluate grant as amended. The grant applications and Design (HIVRAD) Program (P01). applications. the discussions could disclose Date: November 19–21, 2014. Place: Admiral Fell Inn, 888 South confidential trade secrets or commercial Time: November 19, 2014, 11:00 a.m. to Broadway, Baltimore, MD 21231. 6:00 p.m. Contact Person: Daniel F. McDonald, property such as patentable material, Agenda: To review and evaluate grant Ph.D., Scientific Review Officer, Center for and personal information concerning applications. Scientific Review, National Institutes of individuals associated with the grant Place: National Institutes of Health, 5601 Health, 6701 Rockledge Drive, Room 4110, applications, the disclosure of which Fishers Lane, Bethesda, MD 20892, MSC 7814, Bethesda, MD 20892, (301) 435– would constitute a clearly unwarranted (Telephone Conference Call). 1215, [email protected]. invasion of personal privacy. Time: November 20, 2014, 1:00 p.m. to This notice is being published less than 15 6:00 p.m. days prior to the meeting due to the timing Name of Committee: National Institute of Agenda: To review and evaluate grant limitations imposed by the review and Mental Health Special Emphasis Panel; applications. funding cycle. Services Conflict. Place: National Institutes of Health, 5601 Date: November 4, 2014. Name of Committee: Center for Scientific Fishers Lane, Bethesda, MD 20892, Time: 2:00 p.m. to 3:30 p.m. Review Special Emphasis Panel Small Agenda: To review and evaluate grant (Telephone Conference Call). Business: Rehabilitation. applications. Time: November 21, 2014, 10:00 a.m. to Date: October 24, 2014. Place: National Institutes of Health, 1:00 p.m. Time: 8:00 a.m. to 8:30 a.m. Neuroscience Center, 6001 Executive Agenda: To review and evaluate grant Agenda: To review and evaluate grant Boulevard, Rockville, MD 20852 (Telephone applications. applications. Conference Call). Place: National Institutes of Health, 5601 Place: Embassy Suites Old Town, 1900 Contact Person: Karen Gavin-Evans, Ph.D., Fishers Lane, Bethesda, MD 20892, Diagonal Rd., Alexandria, VA 22314. Scientific Review Officer, Division of (Telephone Conference Call). Contact Person: Jo Pelham, BA, Scientific Extramural Activities, National Institute of Contact Person: Kelly Y. Poe, Ph.D., Review Officer, Center for Scientific Review, Mental Health, NIH Neuroscience Center, Scientific Review Officer, Scientific Review National Institutes of Health, 6701 Rockledge 6001 Executive Boulevard, Room 6153, MSC Program, DEA/NIAID/NIH/DHHS, 6700–B Drive, Room 4102, MSC 7814, Bethesda, MD 9606, Bethesda, MD 20892, 301–451–2356, Rockledge Drive, MDS–7616, Bethesda, MD 20892, (301) 435–1786, [email protected]. [email protected]. 20892, 301–451–2639, [email protected]. This notice is being published less than 15 This notice is being published less than 15 (Catalogue of Federal Domestic Assistance days prior to the meeting due to the timing days prior to the meeting due to the timing Program Nos. 93.855, Allergy, Immunology, limitations imposed by the review and limitations imposed by the review and and Transplantation Research; 93.856, funding cycle. funding cycle. Microbiology and Infectious Diseases Name of Committee: Center for Scientific (Catalogue of Federal Domestic Assistance Research, National Institutes of Health, HHS). Review Special Emphasis Panel Pulmonary Program No. 93.242, Mental Health Research Dated: October 16, 2014. Diseases. Grants, National Institutes of Health, HHS). Date: October 28–29, 2014. David Clary, Dated: October 16, 2014. Time: 9:00 a.m. to 6:00 p.m. Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant Carolyn A. Baum, Committee Policy. applications. Program Analyst, Office of Federal Advisory [FR Doc. 2014–25041 Filed 10–21–14; 8:45 am] Place: National Institutes of Health, 6701 Committee Policy. BILLING CODE 4140–01–P Rockledge Drive, Bethesda, MD 20892 [FR Doc. 2014–25046 Filed 10–21–14; 8:45 am] (Virtual Meeting). BILLING CODE 4140–01–P Contact Person: George M. Barnas, Ph.D., DEPARTMENT OF HEALTH AND Scientific Review Officer, Center for HUMAN SERVICES Scientific Review, National Institutes of DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 4220, HUMAN SERVICES National Institutes of Health MSC 7818, Bethesda, MD 20892, 301–435– 0696, [email protected]. National Institutes of Health Center for Scientific Review; Notice of This notice is being published less than 15 days prior to the meeting due to the timing Closed Meetings National Institute of Allergy and limitations imposed by the review and Infectious Diseases; Notice of Closed Pursuant to section 10(d) of the funding cycle. Meeting Federal Advisory Committee Act, as Name of Committee: Center for Scientific amended (5 U.S.C. App.), notice is Review Special Emphasis Panel Cancer, Pursuant to section 10(d) of the hereby given of the following meetings. Cardiovascular, and Sleep Epidemiology Federal Advisory Committee Act, as The meetings will be closed to the Panel A Study Section. amended (5 U.S.C. App.), notice is Date: October 29–30, 2014. public in accordance with the Time: 8:00 a.m. to 2:00 p.m. hereby given of the following meeting. provisions set forth in sections The meeting will be closed to the Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. public in accordance with the as amended. The grant applications and Place: Melrose Hotel, 2430 Pennsylvania provisions set forth in sections the discussions could disclose Ave. NW., Washington, DC 20037. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., confidential trade secrets or commercial Contact Person: Denise Wiesch, Ph.D., as amended. The grant applications and property such as patentable material, Scientific Review Officer, Center for the discussions could disclose and personal information concerning Scientific Review, National Institutes of confidential trade secrets or commercial individuals associated with the grant Health, 6701 Rockledge Drive, Room 3138, property such as patentable material, MSC 7770, Bethesda, MD 20892, (301) 437– applications, the disclosure of which 3478, [email protected]. and personal information concerning would constitute a clearly unwarranted individuals associated with the grant This notice is being published less than 15 invasion of personal privacy. days prior to the meeting due to the timing applications, the disclosure of which limitations imposed by the review and would constitute a clearly unwarranted Name of Committee: Center for Scientific Review Special Emphasis Panel funding cycle. invasion of personal privacy. Musculoskeletal Cell Biology. Name of Committee: Center for Scientific Name of Committee: National Institute of Date: October 23, 2014. Review Special Emphasis Panel Allergy and Infectious Diseases Special Time: 7:15 a.m. to 7:45 a.m. Neuroscience Genetics.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63138 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Date: November 3, 2014. Dated: October 16, 2014. (Title VII) (42 U.S.C. 2000e et seq.) (race, Time: 12:00 p.m. to 3:00 p.m. Carolyn Baum, color, religion, sex, national origin), the Agenda: To review and evaluate grant Program Analyst, Office of Federal Advisory Age Discrimination in Employment Act applications. Committee Policy. (ADEA) (29 U.S.C. 621 et seq.) (age), the Place: National Institutes of Health, 6701 [FR Doc. 2014–25040 Filed 10–21–14; 8:45 am] Equal Pay Act (29 U.S.C. 206(d)) (sex), Rockledge Drive, Bethesda, MD 20892, BILLING CODE 4140–01–P the Rehabilitation Act (29 U.S.C. 791 et (Telephone Conference Call). seq.) (disability), the Genetic Contact Person: Richard Panniers, Ph.D., Information Nondiscrimination Act Scientific Review Officer, Center for (GINA) (42 U.S.C. 2000ff et seq.) Scientific Review, National Institutes of DEPARTMENT OF HOMELAND Health, 6701 Rockledge Drive, Room 2212, SECURITY (genetic information), and Executive MSC 7890, Bethesda, MD 20892, (301) 435– Order 11478 (as amended by Executive [Docket No. DHS–2014–0058] 1741, [email protected]. Orders 13087 and 13152) (sexual This notice is being published less than 15 orientation or status as a parent). Agency Information Collection The Department of Homeland days prior to the meeting due to the timing Activities: DHS Individual Complaint of limitations imposed by the review and Security (DHS), Office for Civil Rights Employment Discrimination, DHS Form funding cycle. and Civil Liberties (CRCL) adjudicates 3090–1 Name of Committee: Center for Scientific discrimination complaints filed by Review Special Emphasis Panel Member AGENCY: Office for Civil Rights and Civil current and former DHS employees, as Conflict: Research Project Grant. Liberties, DHS. well as applicants for employment to DHS. The complaint adjudication Date: November 4, 2014. ACTION: 60-Day notice and request for process for statutory rights is outlined in Time: 2:00 p.m. to 4:00 p.m. comments; Reinstatement with change the Equal Employment Opportunity Agenda: To review and evaluate grant of a previously approved collection, applications. Commission (EEOC) regulations found 1610–0001. Place: National Institutes of Health, 6701 at Title 29, Code of Federal Regulations Rockledge Drive, Bethesda, MD 20892, SUMMARY: The Department of Homeland Part 1614 and EEO Management (Telephone Conference Call). Security, Office for Civil Rights and Directive 110. For complaints regarding Contact Person: Gabriel B. Fosu, Ph.D., Civil Liberties, will submit the sexual orientation or status as a parent, Scientific Review Officer, Center for following Information Collection DHS follows the same procedures as for Scientific Review, National Institutes of Request (ICR) to the Office of statutory rights, to the extent permitted Health, 6701 Rockledge Drive, Room 3108, by law. MSC 7808, Bethesda, MD 20892, (301) 435– Management and Budget (OMB) for review and clearance in accordance The recordkeeping provisions are 3562, [email protected]. designed to ensure that a current This notice is being published less than 15 with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. Chapter employee, former employee, or days prior to the meeting due to the timing applicant for employment claiming to limitations imposed by the review and 35). be aggrieved or that person’s attorney funding cycle. DATES: Comments are encouraged and provide a signed statement that is (Catalogue of Federal Domestic Assistance will be accepted until December 22, sufficiently precise to identify the Program Nos. 93.306, Comparative Medicine; 2014. This process is conducted in aggrieved individual and the agency and 93.333, Clinical Research, 93.306, 93.333, accordance with 5 CFR 1320.1. 93.337, 93.393–93.396, 93.837–93.844, to describe generally the action(s) or ADDRESSES: You may submit comments, practice(s) that form the basis of the 93.846–93.878, 93.892, 93.893, National identified by docket number DHS– Institutes of Health, HHS) complaint. The complaint must also 2014–0058, by one of the following contain a telephone number and address Dated: October 16, 2014. methods: where the complainant or the • David Clary, Federal eRulemaking Portal: http:// representative can be contacted. The Program Analyst, Office of Federal Advisory www.regulations.gov. Please follow the complaint form is used for original Committee Policy. instructions for submitting comments. allegations of discrimination but also for • [FR Doc. 2014–25037 Filed 10–21–14; 8:45 am] Email: [email protected]. Please amendments to underlying complaints BILLING CODE 4140–01–P include docket number DHS–2014–0058 of discrimination. The form also in the subject line of the message. determines whether the person is SUPPLEMENTARY INFORMATION: It is the willing to participate in mediation or DEPARTMENT OF HEALTH AND policy of the Government of the United other available types of alternative HUMAN SERVICES States to provide equal opportunity in dispute resolution (ADR) to resolve their employment for all persons, to prohibit complaint; Congress has enacted National Institutes of Health discrimination in employment because legislation to encourage the use of ADR of race, color, religion, sex, national in the federal sector and the form Center for Scientific Review; origin, age, disability, protected genetic ensures that such an option is Cancellation of Meeting information, sexual orientation, or considered at this preliminary stage of status as a parent, and to promote the the EEO complaint process. Notice is hereby given of the full realization of equal employment A complainant may access the cancellation of the Center for Scientific opportunity (EEO) through a continuing complaint form on the agency Web site Review Special Emphasis Panel, affirmative program in each agency. and may submit a completed complaint October 23, 2014, 7:15 a.m. to October Persons who claim to have been form electronically to the relevant 23, 2014, 7:45 a.m., Admiral Fell Inn, subjected to these types of Component’s EEO Office. The complaint 888 South Broadway, Baltimore, MD discrimination, or to retaliation for form can then be directly uploaded into 21231 which was published in the opposing these types of discrimination the DHS EEO Enterprise Complaints Federal Register on October 16, 2014, or for participating in any stage of Tracking System, also known as 79 FR 62166. administrative or judicial proceedings ‘‘iComplaints.’’ The meeting is cancelled due to the relating to them, can seek a remedy There is no change or adjustment to reassignment of applications. under Title VII of the Civil Rights Act the burden associated with the
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63139
collection of information associated DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: The Joint with the DHS complaint form. DHS is SECURITY Analysis Center (JAC), of the Operation proposing to make one change to the Support Division, is responsible for DHS compliant form. This change is the Agency Information Collection providing awareness of the Global addition of a new checkbox that says Activities: Regional Equipment and Nuclear Detection Architecture (GNDA), ‘‘gender identity’’ as a sub-category Capabilities Exchange, DHS Form and functions as a central point of the under the existing checkbox that says 10090 and DHS Form 10089 GNDA providing awareness of nuclear ‘‘sex’’ on the form. Gender identity threats to the Domestic Nuclear AGENCY: Domestic Nuclear Detection Detection Office (DNDO). The JAC plans discrimination is a form of sex Office, DHS. discrimination, which is covered under to implement a Regional Equipment and ACTION: Title VII. So this information is already 30-Day Notice and request for Capabilities Exchange (RECE) to identify included in data gathered in EEO comments; New Collection, 1601–NEW. and compare existing information complaints; adding the separate check SUMMARY: The Department of Homeland referencing the domestic nuclear box just more clearly identifies a sub- Security, Domestic Nuclear Dectection radiological detection capabilities of all category. This form modification is in Office, DHS will submit the following participating stakeholders. accordance with new instructions from information collection request (ICR) to The circumstances that make the EEOC—requiring all government the Office of Management and Budget RECE necessary is the need for a agencies to specifically identify this (OMB) for review and clearance in database that accurately reflects the type of information on our complaint accordance with the Paperwork current R/N detection capabilities forms. Reduction Act of 1995 (Pub. L. 104–13, federal, state, tribal, territorial, and local 44 U.S.C. Chapter 35). DHS previously (FSTTL) stakeholders. The Office of Management and Budget The RECE will recognize a standard published this information collection is particularly interested in comments process and procedure that the JAC request (ICR) in the Federal Register on which: facilitates to ensure a collaborative and July 1, 2014 at 79 FR 37337 for a 60-day 1. Evaluate whether the proposed coordinated data collection public comment period. No comments collection of information is necessary methodology is followed for fidelity of were received by DHS. The purpose of for the proper performance of the information. The successful this notice is to allow additional 30- functions of the agency, including implementation of the RECE will aid days for public comments. whether the information will have DNDO in achieving specific objectives practical utility; DATES: Comments are encouraged and mandated in National Security will be accepted until November 21, 2. Evaluate the accuracy of the Presidential Directive (NSPD)–43/ 2014. This process is conducted in agency’s estimate of the burden of the Homeland Security Presidential accordance with 5 CFR 1320.10. proposed collection of information, Directive (HSPD)–14, and codified in including the validity of the ADDRESSES: Interested persons are Title 6, United States Code (U.S.C.) 592. methodology and assumptions used; invited to submit written comments on Attached is the HSPD14/NSPD43, the proposed information collection to 3. Enhance the quality, utility, and please reference the following sections the Office of Information and Regulatory within NSPD–43/HSPD–14: clarity of the information to be Affairs, Office of Management and collected; and Budget. Comments should be addressed Subject: Domestic Nuclear Detection 4. Minimize the burden of the to OMB Desk Officer, Department of (1)(b) Continue to enhance the collection of information on those who Homeland Security and sent via effective integration of nuclear and are to respond, including through the electronic mail to oira_submission@ radiological detection capabilities across use of appropriate automated, omb.eop.gov or faxed to (202) 395–5806. Federal, State, local, and tribal electronic, mechanical, or other The Office of Management and Budget governments and the private sector for technological collection techniques or is particularly interested in comments a managed, coordinated response; other forms of information technology, which: (2)(b) Enhance and coordinate the e.g., permitting electronic submissions 1. Evaluate whether the proposed nuclear detection efforts of Federal, of responses. collection of information is necessary State, local, and tribal governments and for the proper performance of the the private sector to ensure a managed, Analysis functions of the agency, including coordinated response; Agency: Office for Civil Rights and whether the information will have (2)(f) Support and enhance the Civil Liberties, DHS. practical utility; effective sharing and use of appropriate 2. Evaluate the accuracy of the information generated by the Title: DHS Individual Complaint of agency’s estimate of the burden of the intelligence community, law Employment Discrimination. proposed collection of information, enforcement agencies, counterterrorism OMB Number: 1610–0001. including the validity of the community, other government agencies, Frequency: Annually. methodology and assumptions used; and foreign governments, as well as Affected Public: Federal Government. 3. Enhance the quality, utility, and provide appropriate information to clarity of the information to be these entities; and Number of Respondents: 1200. collected; and DNDO needs the information to be Estimated Time per Respondent: 30 4. Minimize the burden of the collected by the RECE to enhance and minutes. collection of information on those who coordinate the rad/nuc detection efforts Total Burden Hours: 600 hours. are to respond, including through the of Federal, State, local and tribal use of appropriate automated, governments, and to effectively share Dated: October 9, 2014. electronic, mechanical, or other the resources information with all Margaret H. Graves, technological collection techniques or interested entities. Deputy Chief Information Officer. other forms of information technology, Although not legal justification to [FR Doc. 2014–25055 Filed 10–21–14; 8:45 am] e.g., permitting electronic submissions collect information, the 2010 GNDA BILLING CODE 9110–9B–P of responses. Strategic Plan goals are provided as
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63140 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
additional information that serves as overall mission of the JAC, the RECE cannot be used or modified for use examples for how this collection effort presents an opportunity to extend because it extremely dated, and lacks supports internal DNDO initiatives. access to stakeholders with a RND the specificity required for accurate The RECE directly relates to the mission, program, or equipment but not accountability. To provide real-time following specific goals within the 2010 reflected in an accessible database. depiction of the GNDA, there needs to GNDA Strategic Plan: The JAC aims to provide assistance to be accountability of current resources • Goal 3: Communicate—Exchange State or Local entities with limited available at all levels. RND equipment relevant data, by receiving information access to resources as part of the RECE, varies greatly between States, Territories from and disseminating information to and establish a standing collection and Local jurisdictions, and it is often relevant authorities and the general strategy. Information can be submitted not controlled or regulated by a single public, as appropriate. through use of a questionnaire (hard/ entity. • Goal 4: Coordinate—Ensure that soft copy transmittal), or scripted phone Efforts to identify duplication have stakeholders with GNDA functions interviews. The questionnaire will be included coordination with Federal minimize gaps and unintended overlaps distributed in compatible file format stakeholders such as FEMA, CBP, and in roles and responsibilities, including Adobe PDF Fill-able Form. All emails the FBI; each engagement revealed none through collaboration and cooperation. and phone interviews will not deviate of these agencies were in possession of Additionally, the RECE helps DNDO from the scope or content of the DHS a comprehensive complete data source meet DHS’ lead and supporting roles in Form 10089. Phone interviews will be which included specific domestic the following 2010 GNDA Strategic Plan conducted on an as needed basis for the (United States) R/N detection Objectives: purposes of non-submittals or to address capabilities for all States, Territories or • Objective 4: Assist state, local, and questions related to answers of Local jurisdictions. tribal governments in detecting and information provided within the form. In 2007 and 2009 COL Brent reporting on any unauthorized nuclear All data submitted will be processed Bredehoft Deputy Assistant Director (in and radiological materials within their and stored in a Microsoft Excel 2007/2009) of the Joint Analysis Center jurisdictions. spreadsheet for review prior to Joint (JAC) directed his staff to conduct an • Objective 5: Develop or enhance the Analysis Center Collaborative informal information data call to federal federal interior detection architectures Information System (JACCIS) entities only. In 2007 State and Local and strategies. integration. The RECE will help to data was collected by the FBI (2006/ • Objective 7: Receive information accurately reflect the current domestic 2007) and provided to the JAC. Neither from, and disseminate information to radiological and detection capabilities data collection was for JACCIS, but a relevant authorities and the general within JACCIS. The JACCIS Dashboard plan was developed to put data public. provides a secure web interface to collected in JACCIS after receiving. This • Objective 8: Ensure that collaborate with mission partners and information was neither consistent nor Stakeholders with GNDA functions includes a GIS that allows users to view comprehensive and largely inaccurate minimize gaps and unnecessary detection information, detectors, since much of the information was overlaps in roles, responsibilities, and situational awareness reports, and other haphazardly compiled with limited activities. overlays (critical infrastructure, etc.) in distribution. Additionally the FBI has • Objective 9: Ensure that the GNDA a geospatial viewer. Web Service not updated or made available a revised can adapt and react in response to interfaces to other mission partner’s version of the 2006/2007 data call. changes in technology, protocols, and systems and content routers provide Additionally the RECE is organizing adversary capabilities. linkages to detection assets around the and analyzing relevant data from Information collected is the type used country in real-time. domestic Preventative Radiological in the ordinary course of business The information collected will be Nuclear Detection (PRND) reports, (official business Points of Contact; used to provide a more accurate or real- specifically the National Capabilities names, addresses, emails, office phone time depiction of the GNDA. Effort (NCE), but many of these NCE number to call.) The purpose of the Information can be submitted through reports are extremely dated (greater than RECE form (DHS Form 10089) is to use of a questionnaire (hard/soft copy 5 years old), do not provide definitive collect and warehouse relevant data for transmittal), email DNDO.JAC2@ identification details regarding federal, state, tribal, territorial, and local HQ.DHS.GOV or phone interviews 1– equipment, therefore there is no way to (FSTTL) authorities to minimize gaps 877–363–6522. Use of these three de-conflict with existing equipment and unintended overlaps in roles and methods of information submittals data. The NCE reports were a contracted responsibilities for radiological or provides flexibility to the targeted effort through Defense Threat Reduction nuclear (R/N) detection capabilities. The collection audience which may have Agency (DTRA), and due to proprietary primary purpose of the RECE limited access to technological limitations when distributed to DNDO Questionnaire form is to collect data on collection. All data submitted will be were not accompanied by the related current stakeholder (primarily directed processed and stored in an excel raw data collection. Additionally, the at state and local) radiological or spreadsheet, saved in a designated NCE reports were created through nuclear (R/N) detection equipment folder within a non-public DHS network informal collection techniques, and are inventories and resources to streamline share drive folder. Following review of largely inconsistent. access to a real-time depiction of R/N spreadsheet information, data will be Lastly, in the years since the NCE detection capabilities and serve as a integrated into JACCIS in accordance reports and JACCIS informal data calls warehouse for the data. Data collected with agreed distribution or sharing many States, Territories and Local will be available via the Joint Analysis regulations; each questionnaire jurisdictions have made significant Center Collaborative Information participant will be encouraged to advancements and or efforts towards System (JACCIS). The Adobe Active acquire a JACCIS account, and point of acquiring R/N detection capability. With ‘‘fillable’’ form focuses on the specific contact information for JACCIS account that said, State, Territories and Local information regarding the respective R/ acquisition are included within DHS jurisdictions are not subjected to any N detection program plans, assets, and Form 10089 RECE Questionnaire standing reporting requirement status of equipment. As part of the Directives. Information already available regarding R/N detection equipment or
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63141
capabilities, which precludes DNDO or DEPARTMENT OF HOMELAND information and remain non-public to any other Federal Agency from SECURITY avoid giving our nation’s enemies providing a real-time and accurate information they could use to effectively accountability to decision-makers Office of the Secretary attack a particular infrastructure. regarding available domestic R/N Many of the issues to be reviewed by detection assets. United States Secret Service Protective the Panel will require access to, and Mission Panel There is no assurance of discussion of, non-public classified confidentiality provided to respondents. AGENCY: Office of the Secretary, information and other non-public law There will be no collection of trade Department of Homeland Security. enforcement sensitive information. These matters include protective secret or business proprietary ACTION: Committee management: notice measures at the White House, sensitive information. Furnishing this of committee establishment. information is voluntary; however, law enforcement techniques and failure to furnish the requested SUMMARY: In order to facilitate an methods, and the management of these information may prevent a user from effective review of the security provided protective and law enforcement contributing radiological or nuclear by the U.S. Secret Service to the White missions of the Secret Service. detection information to RECE. This House compound, the Department of II. Identifying Solutions Homeland Security (Department or could cause a hindrance when The Department recognizes the attempting to allocate resources during DHS) is creating the U.S. Secret Service Protective Mission Panel (USSSPMP or importance of the Federal Advisory a global nuclear detection architecture Committee Act (FACA). The FACA, Panel). Pursuant to the Homeland related threat incident. when it applies, generally requires Security Act of 2002, the Department is The Office of Management and Budget advisory committees to meet in open taking immediate measures to establish is particularly interested in comments session and make publicly available this independent panel of experts to which: associated written materials. It also inquire into recent incidents at the 1. Evaluate whether the proposed requires a 15-day notice before any White House compound and to provide collection of information is necessary meeting may be closed to public to the Secretary of Homeland Security for the proper performance of the attendance. These requirements, recommendations for potential new functions of the agency, including however, would prevent the Department directors of the U.S. Secret Service and whether the information will have from convening on short notice a panel whether there should be a broader practical utility; to discuss the sensitive and classified review of the U.S. Secret Service. information surrounding the review of 2. Evaluate the accuracy of the Name of Committee: U.S. Secret protective measures at the White House agency’s estimate of the burden of the Service Protective Mission Panel. proposed collection of information, compound and other U.S. Secret Service FOR FURTHER INFORMATION CONTACT: law enforcement missions in an including the validity of the Peter Boogaard, Office of Public Affairs, methodology and assumptions used; appropriate setting. The FACA contains (202) 282–8010, MediaInquiry@ a number of exceptions to its general 3. Enhance the quality, utility, and HQ.DHS.GOV. disclosure rules, but the applicability of clarity of the information to be SUPPLEMENTARY INFORMATION: those exceptions are not sufficient to collected; and address the proper handling of 4. Minimize the burden of the I. Background classified material and the protection of collection of information on those who DHS is establishing an independent law enforcement sensitive information are to respond, including through the panel to review the recent fence in this unique context. The information use of appropriate automated, jumping incident at the White House on that will be discussed and reviewed by electronic, mechanical, or other September 19, 2014 and related issues this panel will be deliberative in nature technological collection techniques or concerning security at the White House and will involve classified information other forms of information technology, compound; to provide that, if discussed in public, would result e.g., permitting electronic submissions recommendations for potential new in the unauthorized disclosure of of responses. directors of the Secret Service; and to information that could reasonably be Analysis recommend whether there should be a expected to result in threats or damage broader review of the Secret Service. to national security. Furthermore, the Agency: Domestic Nuclear Detection This time-sensitive and important information discussed will involve Office, DHS. review will entail discussion of techniques and procedures for law Title: Regional Equipment and classified information. enforcement investigations. The release Capabilities Exchange. This Department has recognized in of this information would enable OMB Number: 1601–NEW. the past that some highly critical issues criminals and enemies to use that cannot be discussed in public without information to circumvent the law and Frequency: Annually. jeopardizing the security and could reasonably be expected to Affected Public: State, Local, Tribal confidentiality of sensitive homeland endanger the life or physical safety of Governments. security information. For example, in individuals. Number of Respondents: 102. 2006, the Department established the Section 871 of the Homeland Security Estimated Time per Respondent: 1 Critical Infrastructure Partnership Act provides the Secretary of Homeland hour. Advisory Council (CIPAC) to aid in the Security with the authority to establish Total Burden Hours: 102. communication and coordination advisory committees and exempt them between critical private sector entities from the FACA. 6 U.S.C. 451(a). This Dated: October 9, 2014. and the Federal agencies charged with authority allows the Department to Margaret H. Graves, regulating them. See 71 FR 14930 (Mar. freely and completely review the Deputy Chief Information Officer. 24, 2006). Discussions between the security procedures, to discuss potential [FR Doc. 2014–25050 Filed 10–21–14; 8:45 am] members of that Council involve vulnerabilities, and to provide the BILLING CODE 9110–9D–P intelligence and law enforcement Department with information and
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63142 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
recommendations that otherwise could complex organizations, and (d) other (LOMR) for each of the communities not be discussed. experts as the investigation dictates. The listed in the table below are finalized. members are identified below at Each LOMR revises the Flood Insurance III. Exercise of Section 871 Authority Appendix A. Rate Maps (FIRMs), and in some cases To Establish the U.S. Secret Service Membership Status: Non-Federal the Flood Insurance Study (FIS) reports, Protective Mission Panel members of the USSSPMP serve as currently in effect for the listed The Department respects the special government employees. communities. The flood hazard principles of open government and has Meetings: The USSSPMP may meet as determinations modified by each LOMR judiciously exercised the authority a whole or in any combination of will be used to calculate flood insurance Congress provided in Section 871. subgroups that is most conducive to the premium rates for new buildings and Given that the use of this authority will effective conduct of its activities their contents. allow the Department to fully and including, without limitation, in groups DATES: The effective date for each completely review the issues and make encompassing discrete topics to address LOMR is indicated in the table below. recommendations surrounding the U.S. specific issues and concerns (e.g., a ADDRESSES: Each LOMR is available for Secret Service as described above, the meeting of the members to discuss inspection at both the respective Department is invoking that authority. security specific issues, or a meeting of Community Map Repository address Collaboration among the panel leaders of complex organizations). As listed in the table below and online members must involve many activities independent bodies, meetings through the FEMA Map Service Center to include: planning, coordination, consisting solely of members of these at www.msc.fema.gov. protective security implementation, subgroups shall not constitute meetings FOR FURTHER INFORMATION CONTACT: Luis operational activities related to of the USSSPMP. In addition, the protective service security measures, as Rodriguez, Chief, Engineering USSSPMP may establish informal Management Branch, Federal Insurance well as leadership issues, working groups for the purpose of fact- vulnerabilities, protective measures, and Mitigation Administration, FEMA, finding, issue development, or other 500 C Street SW., Washington, DC best practices, and lessons learned. An preliminary non-deliberative activities. effective panel must be able to have 20472, (202) 646–4064, or (email) Such activities in support of the [email protected]; or visit ongoing, immediate, and multi- USSSPMP shall also be within the scope directional communication and the FEMA Map Information eXchange of the exemption noted above. (FMIX) online at coordination under highly exigent Duration of Committee: Six months, _ circumstances. www.floodmaps.fema.gov/fhm/fmx subject to extension pursuant to section main.html. In furtherance of DHS’ mission to 871(b) of the Homeland Security Act of provide protective services, the public 2002 (6 U.S.C. 451(b)). SUPPLEMENTARY INFORMATION: The interest requires the establishment of Federal Emergency Management Agency the Panel under the authority of 6 U.S.C. Dated: October 15, 2014. (FEMA) makes the final flood hazard 451. The Panel will review recent Jeh Charles Johnson, determinations as shown in the LOMRs incidents, provide recommendations on Secretary. for each community listed in the table potential new directors, and recommend Appendix A—Membership of the U.S. below. Notice of these modified flood whether there should be a broader Secret Service Protective Mission Panel hazard determinations has been review of the Secret Service. The Panel published in newspapers of local will interact with federal officials and Thomas J. Perrelli circulation and 90 days have elapsed Mark Filip representatives from the security and Danielle C. Gray since that publication. The Deputy law enforcement communities. The Joseph W. Hagin Associate Administrator for Mitigation Panel has no authority to establish has resolved any appeals resulting from [FR Doc. 2014–25052 Filed 10–21–14; 8:45 am] Federal policy or otherwise undertake this notification. inherently governmental functions. BILLING CODE 9110–9B–P The modified flood hazard Exemption from the FACA (Pub. L. determinations are made pursuant to 92–463): In recognition of the highly- DEPARTMENT OF HOMELAND section 206 of the Flood Disaster sensitive, and often confidential or SECURITY Protection Act of 1973, 42 U.S.C. 4105, classified nature of the subject matter and are in accordance with the National involved in the activities of the Federal Emergency Management Flood Insurance Act of 1968, 42 U.S.C. USSSPMP, under the authority of Agency 4001 et seq., and with 44 CFR part 65. section 871 of the Homeland Security For rating purposes, the currently Act of 2002 (6 U.S.C. 451), the panel is [Docket ID FEMA–2014–0002] effective community number is shown hereby deemed exempt from the and must be used for all new policies Changes in Flood Hazard requirements of Public Law 92–463 (5 and renewals. Determinations U.S.C. App.). The decision to exercise The new or modified flood hazard the exemption authority in section 871 AGENCY: Federal Emergency information is the basis for the will support the free flow of classified Management Agency, DHS. floodplain management measures that and law enforcement sensitive ACTION: Final Notice. the community is required either to information concerning U.S. Secret adopt or to show evidence of being Service protective measures and its SUMMARY: New or modified Base (1- already in effect in order to remain operations as a law enforcement percent annual chance) Flood qualified for participation in the organization. Elevations (BFEs), base flood depths, National Flood Insurance Program Special Flood Hazard Area (SFHA) (NFIP). IV. Membership and Structure boundaries or zone designations, and/or This new or modified flood hazard The specific membership of the regulatory floodways (hereinafter information, together with the USSSPMP will consist of individuals referred to as flood hazard floodplain management criteria required with expertise in: (a) National security, determinations) as shown on the by 44 CFR 60.3, are the minimum that (b) protective security, (c) leading indicated Letter of Map Revision are required. They should not be
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63143
construed to mean that the community the NFIP and also are used to calculate Map Service Center at must change any existing ordinances the appropriate flood insurance www.msc.fema.gov. that are more stringent in their premium rates for new buildings, and (Catalog of Federal Domestic Assistance No. floodplain management requirements. for the contents in those buildings. The 97.022, ‘‘Flood Insurance.’’) The community may at any time enact changes in flood hazard determinations stricter requirements of its own or are in accordance with 44 CFR 65.4. Dated: October 9, 2010. pursuant to policies established by other Interested lessees and owners of real Roy E. Wright, Federal, State, or regional entities. property are encouraged to review the Deputy Associate Administrator for This new or modified flood hazard final flood hazard information available Mitigation, Department of Homeland determinations are used to meet the at the address cited below for each Security, Federal Emergency Management floodplain management requirements of community or online through the FEMA Agency.
Community map Effective date of Community State and county Location and case No. Chief executive officer of community repository modification No.
Massachusetts: Mid- Town of Holliston (13– The Honorable Kevin Conley, Chairman, Town Hall, 703 Wash- Sept. 17, 2014 ...... 250195 dlesex (FEMA Docket 01–2122P). Town of Holliston Board of Selectmen, 703 ington Street, No.: B–1422). Washington Street, Holliston, MA 01746. Holliston, MA 01746. Oklahoma: Garvin City of Pauls Valley The Honorable Gary Alfred, Mayor, City of City Hall, 100 West Aug. 29, 2014 ...... 400246 (FEMA Docket No.: (13–06–3636P). Pauls Valley, P.O. Box 778, Pauls Valley, Paul Avenue, Pauls B–1422). OK 73075. Valley, OK 73075. Oklahoma: Oklahoma (FEMA City of Oklahoma City The Honorable Mick Cornett, Mayor, City of 420 West Main Street, Sept. 11, 2014 ...... 405378 Docket No.: B– (12–06–2442P). Oklahoma City, 200 North Walker Avenue, Suite 700, Okla- 1424). 3rd Floor, Oklahoma City, OK 73102. homa City, OK 73102. Oklahoma (FEMA City of Oklahoma City The Honorable Mick Cornett, Mayor, City of 420 West Main Street, Sept. 11, 2014 ...... 405378 Docket No.: B– (13–06–2471P). Oklahoma City, 200 North Walker Avenue, Suite 700, Okla- 1424). 3rd Floor, Oklahoma City, OK 73102. homa City, OK 73102. Texas: Bexar (FEMA City of San Antonio The Honorable Ivy R. Taylor, Mayor, City of Department of Public Aug. 25, 2014 ...... 480045 Docket No.: B– (13–06–3484P). San Antonio, P.O. Box 839966, San Anto- Works, Storm Water 1422). nio, TX 78283. Engineering, 1901 South Alamo Street, 2nd Floor, San An- tonio, TX 78204. Bexar (FEMA Unincorporated areas The Honorable Nelson W Wolff, Bexar Coun- Bexar County Public Sept . 11, 2014 ...... 480035 Docket No.: B– of Bexar County ty Judge, Paul Elizondo Tower, 101 West Works Department, 1424). (14–06–0469P). Nueva Street, 10th Floor, San Antonio, TX 233 North Pecos-La 78205. Trinidad Street, Suite 420, San An- tonio, TX 78207. Coryell (FEMA City of Copperas Cove The Honorable John Hull, Mayor, City of 914 South Main Sept. 15, 2014 ...... 480155 Docket No.: B– (13–06–4315P). Copperas Cove, 914 South Main Street, Street, Suite G, 1424). Suite E, Copperas Cove, TX 76522. Copperas Cove, TX 76522. Dallas (FEMA City of Coppell (13– The Honorable Karen Hunt, Mayor, City of Engineering Depart- Sept. 15, 2014 ...... 480170 Docket No.: B– 06–3463P). Coppell, P.O. Box 9478, Coppell, TX 75019. ment, 255 Parkway 1432). Boulevard, Coppell, TX 75019. Dallas (FEMA City of Garland (13– The Honorable Douglas Athas, Mayor, City of 800 Main Street, Gar- Sept. 5, 2014 ...... 485471 Docket No.: B– 06–4174P). Garland, 200 North 5th Street, Garland, TX land, TX 75040. 1422). 75040. Dallas (FEMA City of Sachse (13– The Honorable Mike Felix, Mayor, City of 3815 Sachse Road, Sept. 5, 2014 ...... 480186 Docket No.: B– 06–4174P). Sachse, 3815 Sachse Road, Building B, Building B, Sachse, 1422). Sachse, TX 75048. TX 75048. Denton (FEMA City of Celina (13–06– The Honorable Sean Terry, Mayor, City of City Hall, 142 North Sept. 2, 2014 ...... 480133 Docket No.: B– 4215P). Celina, 142 North Ohio Street, Celina, TX Ohio Street, Celina, 1422). 75009. TX 75009. Denton (FEMA City of Denton (13– The Honorable Chris Watts, Mayor, City of 901–A Texas Street, Sept. 15, 2014 ...... 480194 Docket No.: B– 06–3379P). Denton, 215 East McKinney Street, Den- Denton, TX 76209. 1424). ton, TX 76201. Denton (FEMA City of Denton (14– The Honorable Chris Watts, Mayor, City of 901–A Texas Street, Sept. 22, 2014 ...... 480194 Docket No.: B– 06–0807P). Denton, 215 East McKinney Street, Den- Denton, TX 76209. 1422). ton, TX 76201. Denton (FEMA City of Frisco (14–06– The Honorable Maher Maso, Mayor, City of City Hall, 6101 Frisco Aug. 25, 2014 ...... 480134 Docket No.: B– 0032P). Frisco, 6101 Frisco Square Boulevard, Fris- Square Boulevard, 1422). co, TX 75034. Frisco, TX 75034. Denton (FEMA Unincorporated areas The Honorable Mary Horn, Denton County Denton County Gov- Sept. 2, 2014 ...... 480774 Docket No.: B– of Denton County Judge, 110 West Hickory Street, 2nd Floor, ernment Center, 1422). (13–06–4215P). Denton, TX 76201. 1505 East McKinney Street, Suite 175, Denton, TX 76209. Denton (FEMA Unincorporated areas The Honorable Mary Horn, Denton County Denton County Gov- Sept. 15, 2014 ...... 480774 Docket No.: B– of Denton County Judge, 110 West Hickory Street, 2nd Floor, ernment Center, 1424). (13–06–3783P). Denton, TX 76201. 1505 East McKinney Street, Suite 175, Denton, TX 76209.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63144 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Community map Effective date of Community State and county Location and case No. Chief executive officer of community repository modification No.
Denton (FEMA Unincorporated areas The Honorable Mary Horn, Denton County Denton County Gov- Sept. 22, 2014 ...... 480774 Docket No.: B– of Denton County Judge, 110 West Hickory Street, 2nd Floor, ernment Center, 1422). (14–06–0807P). Denton, TX 76201. 1505 East McKinney Street, Suite 175, Denton, TX 76209. Guadalupe (FEMA City of Cibolo (13–06– The Honorable Lisa M. Jackson, Mayor, City City Hall, 200 South Sept. 3, 2014 ...... 480267 Docket No.: B– 4035P). of Cibolo, 200 South Main Street, Cibolo, Main Street, Cibolo, 1422). TX 78108. TX 78108. Guadalupe (FEMA Unincorporated areas The Honorable Larry Jones, Guadalupe Guadalupe County, Sept. 3, 2014 ...... 480266 Docket No.: B– of Guadalupe Coun- County Judge, 211 West Court Street, 2605 North Guada- 1422). ty (13–06–4035P). Seguin, TX 78155. lupe Street, Seguin, TX 78155. Harris (FEMA City of Houston (13– The Honorable Annise D. Parker, Mayor, City Public Works and En- Sept. 15, 2014 ...... 480296 Docket No.: B– 06–2759P). of Houston, P.O. Box 1562, Houston, TX gineering Depart- 1422). 77251. ment, 611 Walker Street, Houston, TX 77002. Harris (FEMA Unincorporated areas The Honorable Ed M. Emmett, Harris County Harris County Permits Sept 15, 2014 ...... 480287 Docket No.: B– of Harris County Judge, 1001 Preston Street, Suite 911, Office, 10555 North- 1422). (13–06–2759P). Houston, TX 77002. west Freeway, Suite 120, Houston, TX 77092. Harris (FEMA Unincorporated areas The Honorable Ed M. Emmett, Harris County Harris County Permits Sept. 15, 2014 ...... 480287 Docket No.: B– of Harris County Judge, 1001 Preston Street, Suite 911, Office, 10555 North- 1424). (14–06–0575P). Houston, TX 77002. west Freeway, Suite 120, Houston, TX 77092. Harris (FEMA Unincorporated areas The Honorable Ed M. Emmett, Harris County Harris County Permits Sept. 15, 2014 ...... 480287 Docket No.: B– of Harris County Judge, 1001 Preston Street, Suite 911, Office, 10555 North- 1422). (14–06–1079P). Houston, TX 77002. west Freeway, Suite 120, Houston, TX 77092. Lampasas (FEMA Unincorporated areas The Honorable Wayne L. Boultinghouse, Lampasas County Sept. 15, 2014 ...... 480899 Docket No.: B– of Lampasas County Lampasas County Judge, P.O. Box 231, Courthouse, 501 1437). (13–06–4315P). Lampasas, TX 76550. East 4th Street, Lampasas, TX 76550. Rockwall (FEMA City of Rockwall (14– The Honorable David Sweet, Mayor, City of City Hall, 385 South Aug. 29, 2014 ...... 480547 Docket No.: B– 06–0263P). Rockwall, 385 South Goliad Street, Goliad Street, 1424). Rockwall, TX 75087. Rockwall, TX 75087. Tarrant (FEMA City of Fort Worth (13– The Honorable Betsy Price, Mayor, City of Department of Trans- Sept. 29, 2014 ...... 480596 Docket No.: B– 06–3819P). Fort Worth, 1000 Throckmorton Street, Fort portation and Public 1432). Worth, TX 76102. Works, 1000 Throckmorton Street, Fort Worth, TX 76102. Tarrant (FEMA City of Haslet (13–06– The Honorable Bob Golden, Mayor, City of City Hall, 101 Main Sept. 4, 2014 ...... 480600 Docket No.: B– 4452P). Haslet, 101 Main Street, Haslet, TX 76052. Street, Haslet, TX 1424). 76052. Terrell (FEMA Unincorporated areas The Honorable Santiago Flores, Terrell Coun- Terrell County Court- Sept. 26, 2014 ...... 480619 Docket No.: B– of Terrell County ty Judge, 105 East Hackberry Street, house, County 1422). (13–06–3003P). Sanderson, TX 79848. Clerk’s Office, 105 East Hackberry Street, Sanderson, TX 79848. Travis (FEMA City of Austin (14–06– The Honorable Lee Leffingwell, Mayor, City of Stormwater Manage- Sept. 9, 2014 ...... 480624 Docket No.: B– 0251P). Austin, P.O. Box 1088, Austin, TX 78767. ment Division, 505 1432). Barton Springs Road, Suite 908, Austin, TX 78704. Virginia: Albemarle (FEMA Unincorporated areas Mr. Thomas Foley, Albemarle County Execu- Albemarle County De- Sept. 24, 2014 ...... 510006 Docket No.: B– of Albemarle County tive, 401 McIntire Road, Charlottesville, VA partment of Commu- 1424). (14–03–0863P). 22902. nity Development, 401 McIntire Road, Charlottesville, VA 22902. Charlottesville Independent City of The Honorable Satyendra Huja, Mayor, City City Hall, Neighbor- Sept. 24, 2014 ...... 510033 (FEMA Docket Charlottesville (14– of Charlottesville, P.O. Box 911, Charlottes- hood Development No.: B–1424). 03–0863P). ville, VA 22902. Department, 610 East Market Street, Charlottesville, VA 22902.
[FR Doc. 2014–25151 Filed 10–21–14; 8:45 am] BILLING CODE 9110–12–P
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00067 Fmt 4703 Sfmt 9990 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63145
DEPARTMENT OF HOMELAND listed in the table below and online The new or modified flood hazard SECURITY through the FEMA Map Service Center determinations are the basis for the at www.msc.fema.gov. floodplain management measures that Federal Emergency Management FOR FURTHER INFORMATION CONTACT: Luis the community is required either to Agency Rodriguez, Chief, Engineering adopt or to show evidence of being already in effect in order to remain [Docket ID FEMA–2014–0002] Management Branch, Federal Insurance and Mitigation Administration, FEMA, qualified for participation in the Changes in Flood Hazard 500 C Street SW., Washington, DC National Flood Insurance Program Determinations 20472, (202) 646–4064, or (email) (NFIP). [email protected]; or visit These new or modified flood hazard AGENCY: Federal Emergency the FEMA Map Information eXchange determinations, together with the Management Agency, DHS. (FMIX) online at floodplain management criteria required ACTION: Final notice. www.floodmaps.fema.gov/fhm/fmx_ by 44 CFR 60.3, are the minimum that main.html. are required. They should not be SUMMARY: New or modified Base (1% SUPPLEMENTARY INFORMATION: The construed to mean that the community annual-chance) Flood Elevations (BFEs), Federal Emergency Management Agency must change any existing ordinances base flood depths, Special Flood Hazard (FEMA) makes the final flood hazard that are more stringent in their Area (SFHA) boundaries or zone determinations as shown in the LOMRs floodplain management requirements. designations, and/or the regulatory for each community listed in the table The community may at any time enact floodway (hereinafter referred to as below. Notice of these modified flood stricter requirements of its own or flood hazard determinations) as shown hazard determinations has been pursuant to policies established by other on the indicated Letter of Map Revision published in newspapers of local Federal, State, or regional entities. (LOMR) for each of the communities circulation and ninety (90) days have These new or modified flood hazard listed in the table below are finalized. elapsed since that publication. The determinations are used to meet the Each LOMR revises the Flood Insurance Deputy Associate Administrator for floodplain management requirements of Rate Maps (FIRMs), and in some cases Mitigation has resolved any appeals the NFIP and also are used to calculate the Flood Insurance Study (FIS) reports, resulting from this notification. the appropriate flood insurance currently in effect for the listed The modified flood hazard premium rates for new buildings, and communities. The flood hazard determinations are made pursuant to for the contents in those buildings. The determinations modified by each LOMR section 206 of the Flood Disaster changes in flood hazard determinations will be used to calculate flood insurance Protection Act of 1973, 42 U.S.C. 4105, are in accordance with 44 CFR 65.4. premium rates for new buildings and and are in accordance with the National Interested lessees and owners of real their contents. Flood Insurance Act of 1968, 42 U.S.C. property are encouraged to review the DATES: The effective date for each 4001 et seq., and with 44 CFR part 65. final flood hazard information available LOMR is indicated in the table below. For rating purposes, the currently at the address cited below for each ADDRESSES: Each LOMR is available for effective community number is shown community or online through the FEMA inspection at both the respective and must be used for all new policies Map Service Center at Community Map Repository address and renewals. www.msc.fema.gov.
Chief executive Effective date Community State and county Location and case No. officer of community Community map repository of modification No.
New Mexico: Taos (FEMA Dock- Unincorporated areas The Honorable Gabriel J. Romero, Taos County, Administrative Com- August 22, 2014 ...... 350078 et No.: B–1422). of Taos County (14– Chairman, Taos County Commis- plex, 105 Albright Street, Suite H, 06–0477P). sion, 105 Albright Street, Suite A, Taos, NM 87571. Taos, NM 87571. Oklahoma: Canadian (FEMA City of Oklahoma City The Honorable Mick Cornett, 420 West Main Street, Suite 700, August 18, 2014 ...... 405378 Docket No.: B– (12–06–2730P). Mayor, City of Oklahoma City, Oklahoma City, OK 73102. 1422). 200 North Walker Avenue, 3rd Floor, Oklahoma City, OK 73102. Pottawatomie City of Shawnee (13– Mr. Brian McDougal, Manager, City City Hall, 16 West 9th Street, August 14, 2014 ...... 400178 (FEMA Docket 06–0976P). of Shawnee, 16 West 9th Street, Shawnee, OK 74801. No.: B–1416). Shawnee, OK 74801. Texas: Denton (FEMA City of Frisco (13–06– The Honorable Maher Maso, City Hall, 6101 Frisco Square Bou- August 18, 2014 ...... 480134 Docket No.: B– 3033P). Mayor, City of Frisco, 6101 Fris- levard, Frisco, TX 75034. 1422). co Square Boulevard, Frisco, TX 75034. Harris (FEMA Unincorporated areas The Honorable Ed M. Emmett, Har- Harris County 10555 Northwest August 21, 2014 ...... 480287 Docket No.: B– of Harris County (13– ris County Judge, 1001 Preston Freeway Houston, TX 77092. 1422). 06–4636P). Street, Suite 911, Houston, TX 77002. Montgomery City of Conroe (13–06– The Honorable Webb K. Melder, City Hall, 505 West Davis Street, August 21, 2014 ...... 480484 (FEMA Docket 3145P). Mayor, City of Conroe, P.O. Box Conroe, TX 77301. No.: B–1422). 3066, Conroe, TX 77305.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63146 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
(Catalog of Federal Domestic Assistance No. premium rates for new buildings and For rating purposes, the currently 97.022, ‘‘Flood Insurance.’’) their contents. effective community number is shown Dated: September 29, 2014. DATES: The effective date for each and must be used for all new policies Roy E. Wright, LOMR is indicated in the table below. and renewals. The new or modified flood hazard Deputy Associate Administrator for ADDRESSES: Each LOMR is available for information is the basis for the Mitigation, Department of Homeland inspection at both the respective Security, Federal Emergency Management floodplain management measures that Community Map Repository address Agency. the community is required either to listed in the table below and online [FR Doc. 2014–25072 Filed 10–21–14; 8:45 am] adopt or to show evidence of being through the FEMA Map Service Center BILLING CODE 9110–12–P already in effect in order to remain at www.msc.fema.gov. qualified for participation in the FOR FURTHER INFORMATION CONTACT: Luis National Flood Insurance Program DEPARTMENT OF HOMELAND Rodriguez, Chief, Engineering (NFIP). SECURITY Management Branch, Federal Insurance This new or modified flood hazard and Mitigation Administration, FEMA, information, together with the Federal Emergency Management 500 C Street SW., Washington, DC floodplain management criteria required Agency 20472, (202) 646–4064, or (email) by 44 CFR 60.3, are the minimum that [Docket ID FEMA–2014–0002 (65F98)] [email protected]; or visit are required. They should not be the FEMA Map Information eXchange construed to mean that the community Changes in Flood Hazard (FMIX) online at _ must change any existing ordinances Determinations www.floodmaps.fema.gov/fhm/fmx that are more stringent in their main.html. AGENCY: Federal Emergency floodplain management requirements. Management Agency, DHS. SUPPLEMENTARY INFORMATION: The The community may at any time enact stricter requirements of its own or ACTION: Final Notice. Federal Emergency Management Agency (FEMA) makes the final flood hazard pursuant to policies established by other SUMMARY: New or modified Base (1% determinations as shown in the LOMRs Federal, State, or regional entities. annual-chance) Flood Elevations (BFEs), for each community listed in the table This new or modified flood hazard base flood depths, Special Flood Hazard below. Notice of these modified flood determinations are used to meet the Area (SFHA) boundaries or zone hazard determinations has been floodplain management requirements of designations, and/or regulatory published in newspapers of local the NFIP and also are used to calculate floodways (hereinafter referred to as circulation and ninety (90) days have the appropriate flood insurance flood hazard determinations) as shown elapsed since that publication. The premium rates for new buildings, and on the indicated Letter of Map Revision Deputy Associate Administrator for for the contents in those buildings. The (LOMR) for each of the communities Mitigation has resolved any appeals changes in flood hazard determinations listed in the table below are finalized. resulting from this notification. are in accordance with 44 CFR 65.4. Each LOMR revises the Flood Insurance The modified flood hazard Interested lessees and owners of real Rate Maps (FIRMs), and in some cases determinations are made pursuant to property are encouraged to review the the Flood Insurance Study (FIS) reports, section 206 of the Flood Disaster final flood hazard information available currently in effect for the listed Protection Act of 1973, 42 U.S.C. 4105, at the address cited below for each communities. The flood hazard and are in accordance with the National community or online through the FEMA determinations modified by each LOMR Flood Insurance Act of 1968, 42 U.S.C. Map Service Center at will be used to calculate flood insurance 4001 et seq., and with 44 CFR part 65. www.msc.fema.gov.
Community map Effective date of Community State and county Location and case No. Chief executive officer of community repository modification No.
Illinois: Cook (FEMA Dock- City of Palos Heights The Honorable Robert Straz, Mayor, City of City Hall, 7607 West September 19, 2014 170142 et No.: B–1420). (13–05–8093P). Palos Heights, 7607 West College Drive, College Drive, Palos Palos Heights, IL 60463. Heights, IL 60463. DuPage (FEMA Village of Lisle (14–05– The Honorable Joseph J. Broda, Mayor, Village Village Hall, 925 Bur- September 10, 2014 170211 Docket No.: B– 2185P). of Lisle, 925 Burlington Avenue, Lisle, IL lington Avenue, Lisle, 1420). 60532. IL 60532. Indiana: Marshall (FEMA City of Plymouth (14– The Honorable Mark Senter, Mayor, City of 124 North Michigan September 11, 2014 180164 Docket No.: B– 05–0926P). Plymouth, 124 North Michigan Street, Plym- Street, Plymouth, IN 1420). outh, IN 46563. 46563. Marshall (FEMA Unincorporated Areas The Honorable Kevin Overmyer, Marshall 112 West Jefferson, September 11, 2014 180443 Docket No.: B– of Marshall County County President, Board of Commissioners, Plymouth, IN 46563. 1420). (14–05–0926P). 112 West Jefferson Street, Room 205, Plym- outh, IN 46563. Kansas: Lyon (FEMA City of Emporia (13– The Honorable Rob Gilligan, Mayor, City of 521 Market Street, Em- October 10, 2014 ..... 200203 Docket No.: B–1420). 07–1700P). Emporia, P.O. Box 928, Emporia, KS 66801. poria, KS 66801. Minnesota: Olmsted (FEMA City of Rochester (13– The Honorable Ardell F. Brede, Mayor, City of 2122 Campus Drive, October 17, 2014 ..... 275246 Docket No.: B– 05–8106P). Rochester, 201 4th Street SE, Room 281, Suite 300, Rochester, 1420). Rochester, MN 55904. MN 55904. Pennington (FEMA City of Thief River Falls The Honorable Jim Dagg, Mayor, City of Thief City Hall, 405 Third September 18, 2014 270344 Docket No.: B– (14–05–0815P). River Falls, 405 Third Street East, Thief River Street East, Thief 1420). Falls, MN 56701. River Falls, MN 56701. Pennington (FEMA Unincorporated Areas The Honorable Neil Peterson, Pennington 201 Sherwood Avenue September 18, 2014 270651 Docket No.: B– of Pennington County County Chairman, Board of Commissioners, South, Thief River 1420). (14–05–0815P). P.O. Box 616, Thief River Falls, MN 56701. Falls, MN 56701.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63147
Community map Effective date of Community State and county Location and case No. Chief executive officer of community repository modification No.
Missouri: Buchanan (FEMA City of St. Joseph (14– The Honorable Bill Falkner, Mayor, City of Saint 1100 Frederick Avenue, September 25, 2014 290043 Docket No.: B– 07–0148P). Joseph, 1100 Frederick Avenue, Room 309, Room 107, St. Jo- 1420). St. Joseph, MO 64506. seph, MO 64506. Cape Girardeau City of Cape Girardeau The Honorable Harry Rediger, Mayor, City of 401 Independence September 8, 2014 ... 290458 (FEMA Docket (14–07–0463P). Cape Girardeau, 401 Independence Street, Street, Cape No.: B–1420). Cape Girardeau, MO 63703. Girardeau, MO 63703. New Hampshire: City of Nashua (14–01– The Honorable Donnalee Lozeau, Mayor, City 229 Main Street, Nash- September 19, 2014 330097 Hillsborough (FEMA 0876P). of Nashua, 229 Main Street, Nashua, NH ua, NH 03061. Docket No.: B–1420). 03061. Ohio: Logan (FEMA City of Bellefontaine The Honorable Adam Brannon, Mayor, City of 135 North Detroit September 19, 2014 390340 Docket No.: B– (14–05–4416P). Bellefontaine, 135 North Detroit Street, Belle- Street, Bellefontaine, 1420). fontaine, OH 43311. OH 43311. Summit (FEMA City of Hudson (14–05– The Honorable William A. Currin, Mayor, City of 27 East Main Street, September 22, 2014 390660 Docket No.: B– 3718P). Hudson, 115 Executive Parkway, Suite 400, Hudson, OH 44236. 1420). Hudson, OH 44236. Oregon: Jackson (FEMA City of Medford (13– The Honorable Gary Wheeler, Mayor, City of 411 West 8th Street, September 18, 2014 410096 Docket No.: B– 10–1490P). Medford, 411 West 8th Street, Medford, OR Medford, OR 97501. 1420). 97501. Jackson (FEMA City of Medford (14– The Honorable Gary Wheeler, Mayor, City of 411 West 8th Street, September 15, 2014 410096 Docket No.: B– 10–0435P). Medford, 411 West 8th Street, Medford, OR Medford, OR 97501. 1420). 97501. Wisconsin: Chippewa City of Eau Clare (14– Mr. Russell Van Gompel, City of Eau Claire, City Hall, 203 South September 12, 2014 550128 (FEMA Docket No.: 05–1736P). City Manager, 203 South Farwell Street, Farwell Street, Third B–1420). Third Floor, Eau Claire, WI 54701. Floor, Eau Claire, WI 54701.
(Catalog of Federal Domestic Assistance No. new scientific or technical data. The and FIS report for each community are 97.022, ‘‘Flood Insurance.’’) FIRM, and where applicable, portions of accessible online through the FEMA the FIS report, have been revised to Map Service Center at Dated: September 29, 2014. reflect these flood hazard www.msc.fema.gov for comparison. Roy E. Wright, determinations through issuance of a Submit comments and/or appeals to Deputy Associate Administrator for Letter of Map Revision (LOMR), in the Chief Executive Officer of the Mitigation, Department of Homeland accordance with Title 44, Part 65 of the community as listed in the table below. Security, Federal Emergency Management Code of Federal Regulations (44 CFR Agency. FOR FURTHER INFORMATION CONTACT: Luis part 65). The LOMR will be used by Rodriguez, Chief, Engineering [FR Doc. 2014–25187 Filed 10–21–14; 8:45 am] insurance agents and others to calculate Management Branch, Federal Insurance BILLING CODE 9110–12–P appropriate flood insurance premium and Mitigation Administration, FEMA, rates for new buildings and the contents 500 C Street SW., Washington, DC of those buildings. For rating purposes, DEPARTMENT OF HOMELAND 20472, (202) 646–4064, or (email) the currently effective community SECURITY [email protected]; or visit number is shown in the table below and the FEMA Map Information eXchange Federal Emergency Management must be used for all new policies and (FMIX) online at www.floodmaps.fema. Agency renewals. gov/fhm/fmx_main.html. DATES: These flood hazard SUPPLEMENTARY INFORMATION: The [Docket ID FEMA–2014–0002; Internal determinations will become effective on specific flood hazard determinations are Agency Docket No. FEMA–B–1442] the dates listed in the table below and not described for each community in Changes in Flood Hazard revise the FIRM panels and FIS report this notice. However, the online Determinations in effect prior to this determination for location and local community map the listed communities. repository address where the flood AGENCY: Federal Emergency From the date of the second hazard determination information is Management Agency, DHS. publication of notification of these available for inspection is provided. ACTION: Notice. changes in a newspaper of local Any request for reconsideration of circulation, any person has ninety (90) flood hazard determinations must be SUMMARY: This notice lists communities days in which to request through the submitted to the Chief Executive Officer where the addition or modification of community that the Deputy Associate of the community as listed in the table Base Flood Elevations (BFEs), base flood Administrator for Mitigation reconsider below. depths, Special Flood Hazard Area the changes. The flood hazard The modifications are made pursuant (SFHA) boundaries or zone determination information may be to section 201 of the Flood Disaster designations, or the regulatory floodway changed during the 90-day period. Protection Act of 1973, 42 U.S.C. 4105, (hereinafter referred to as flood hazard ADDRESSES: The affected communities and are in accordance with the National determinations), as shown on the Flood are listed in the table below. Revised Flood Insurance Act of 1968, 42 U.S.C. Insurance Rate Maps (FIRMs), and flood hazard information for each 4001 et seq., and with 44 CFR part 65. where applicable, in the supporting community is available for inspection at The FIRM and FIS report are the basis Flood Insurance Study (FIS) reports, both the online location and the of the floodplain management measures prepared by the Federal Emergency respective community map repository that the community is required either to Management Agency (FEMA) for each address listed in the table below. adopt or to show evidence of having in community, is appropriate because of Additionally, the current effective FIRM effect in order to qualify or remain
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63148 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
qualified for participation in the stringent in their floodplain determination information for each National Flood Insurance Program management requirements. The community is available for inspection at (NFIP). community may at any time enact both the online location and the These flood hazard determinations, stricter requirements of its own or respective community map repository together with the floodplain pursuant to policies established by other address listed in the table below. management criteria required by 44 CFR Federal, State, or regional entities. The Additionally, the current effective FIRM 60.3, are the minimum that are required. flood hazard determinations are in and FIS report for each community are They should not be construed to mean accordance with 44 CFR 65.4. accessible online through the FEMA that the community must change any The affected communities are listed in Map Service Center at existing ordinances that are more the following table. Flood hazard www.msc.fema.gov for comparison.
Location and Chief executive officer of Community map reposi- Online location of Letter of Effective date of Community State and county case No. community tory Map Revision modification No.
Alabama: Tusca- City of Tusca- The Honorable Walter Engineering Department, http://www.msc.fema.gov/ November 19, 2014 ...... 010203 loosa. loosa (14–04– Maddox, Mayor, City 2201 University Boule- lomc. 3253P). of Tuscaloosa, 2201 vard, Tuscaloosa, AL University Boulevard, 35401. Tuscaloosa, AL 35401. Arizona: Maricopa .... City of Scotts- The Honorable Jim City Hall, 3939 North http://www.msc.fema.gov/ December 5, 2014 ...... 045012 dale (14–09– Lane, Mayor, City of Drinkwater Boulevard, lomc. 2290P). Scottsdale, 3939 Scottsdale, AZ 85251. North Drinkwater Bou- levard, Scottsdale, AZ 85251. Mohave ...... Unincorporated The Honorable Gary Mohave County Admin- http://www.msc.fema.gov/ November 20, 2014 ...... 040058 areas of Mo- Watson, Chairman, istration Building, 700 lomc. have County Mohave County Board West Beale Street, (14–09– of Supervisors, 700 Kingman, AZ 86401. 0834P). West Beale Street, Kingman, AZ 86401. Santa Cruz City of Nogales The Honorable Arturo R. Public Works Depart- http://www.msc.fema.gov/ November 12, 2014 ...... 040091 (13–09– Garino, Mayor, City of ment, 1450 North lomc. 1781P). Nogales, 777 North Hohokam Drive, Grand Avenue, Nogales, AZ 85621. Nogales, AZ 85621. California: Alameda ..... City of Fremont The Honorable Bill Har- Development Services http://www.msc.fema.gov/ November 28, 2014 ...... 065028 (14–09– rison, Mayor, City of Center, 39550 Liberty lomc. 0273P). Fremont, 3300 Capitol Street, Fremont, CA Avenue, Fremont, CA 94538. 94538. Napa ...... City of Napa The Honorable Jill Public Works Depart- http://www.msc.fema.gov/ November 12, 2014 ...... 060207 (14–09– Techel, Mayor, City of ment, 1600 1st Street, lomc. 2231P). Napa, P.O. Box 660, Napa, CA 94559. Napa, CA 94559. Riverside .... Unincorporated The Honorable Jeff Riverside County Flood http://www.msc.fema.gov/ October 20, 2014 ...... 060245 areas of Riv- Stone, Chairman, Riv- Control and Water lomc. erside County erside County Board Conservation District, (14–09– of Supervisors, 4080 1995 Market Street, 1024P). Lemon Street, 5th Riverside, CA 92501. Floor, Riverside, CA 92501. San Diego .. Unincorporated The Honorable Dianne San Diego County De- http://www.msc.fema.gov/ December 2, 2014 ...... 060284 areas of San Jacob, Chair, San partment of Public lomc. Diego County Diego County Board Works, Flood Control (14–09– of Supervisors, 1600 Division, 5510 Over- 1892P). Pacific Highway, San land Avenue, Suite Diego, CA 92101. 410, San Diego, CA 92123. Tulare ...... Unincorporated The Honorable Phillip Tulare County Resource http://www.msc.fema.gov/ December 4, 2014 ...... 065066 areas of Cox, Chairman, Tulare Management Head- lomc. Tulare County County Board of Su- quarters, 5961 South (13–09– pervisors, 2800 West Mooney Boulevard, 2741P). Burrel Avenue, Visalia, CA 93277. Visalia, CA 93291. Colorado: Arapahoe ... City of Cherry The Honorable Doug City Hall, 2450 East http://www.msc.fema.gov/ December 5, 2014 ...... 080013 Hills Village Tisdale, Mayor, City of Quincy Avenue, Cher- lomc. (14–08– Cherry Hills Village, ry Hills Village, CO 0050P). 2450 East Quincy Av- 80113. enue, Cherry Hills Vil- lage, CO 80113. Boulder ...... Town of Lyons The Honorable John Town Hall, 432 5th Ave- http://www.msc.fema.gov/ December 9, 2014 ...... 080029 (14–08– O’Brien, Mayor, Town nue, Lyons, CO 80540. lomc. 0669P). of Lyons, P.O. Box 49, Lyons, CO 80540. Jefferson .... City of Lake- The Honorable Bob Mur- Engineering Department, http://www.msc.fema.gov/ November 28, 2014 ...... 085075 wood (14–08– phy, Mayor, City of 480 South Allison lomc. 0872P). Lakewood, 480 South Parkway, Lakewood, Allison Parkway, CO 80226. Lakewood, CO 80226.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63149
Location and Chief executive officer of Community map reposi- Online location of Letter of Effective date of Community State and county case No. community tory Map Revision modification No.
Jefferson .... Unincorporated The Honorable Faye Jefferson County De- http://www.msc.fema.gov/ December 5, 2014 ...... 080087 areas of Jef- Griffin, Chair, Jeffer- partment of Planning lomc. ferson County son County Board of and Zoning, 100 Jef- (14–08– Commissioners, 100 ferson County Park- 0683P). Jefferson County way, Golden, CO Parkway, Golden, CO 80419. 80419. Florida: Monroe ...... Unincorporated The Honorable Sylvia Monroe County Depart- http://www.msc.fema.gov/ December 2, 2014 ...... 125129 areas of Mon- Murphy, Mayor, Mon- ment of Planning and lomc. roe County roe County, 1100 Environmental Re- (14–04– Simonton Street, Key sources, 2798 Over- 5223P). West, FL 33040. seas Highway, Mara- thon, FL 33050. Polk ...... Unincorporated The Honorable R. Todd Polk County Engineering http://www.msc.fema.gov/ November 28, 2014 ...... 120261 areas of Polk Dantzler, Chairman, Division, 330 West lomc. County (13– Polk County Board of Church Street, 04–6579P). Commissioners, P.O. Bartow, FL 33830. Box 9005, Bartow, FL 33831. Sarasota ..... Town of The Honorable Jim Town Hall, 501 Bay Isles http://www.msc.fema.gov/ December 11, 2014 ...... 125126 Longboat Key Brown, Mayor, Town Road, Longboat Key, lomc. (14–04– of Longboat Key, 501 FL 34228. 6848P). Bay Isles Road, Longboat Key, FL 34228. Volusia ...... City of Orange The Honorable Tom Planning Department, http://www.msc.fema.gov/ December 2, 2014 ...... 120633 City (14–04– Laputka, Mayor, City 205 East Graves Ave- lomc. 0649P). of Orange City, 205 nue, Orange City, FL East Graves Avenue, 32763. Orange City, FL 32763. Georgia: Columbia .... Unincorporated The Honorable Ron C. Columbia County http://www.msc.fema.gov/ December 1, 2014 ...... 130059 areas of Co- Cross, Chairman, Co- Stormwater Depart- lomc. lumbia County lumbia County Board ment, 603 Ronald (14–04– of Commissioners, Reagan Drive, Build- 0306P). P.O. Box 498, Evans, ing A, East Wing, GA 30809. Evans, GA 30809. Richmond ... Augusta-Rich- The Honorable Deke S. Augusta-Richmond http://www.msc.fema.gov/ November 14, 2014 ...... 130158 mond County Copenhaver, Mayor, County Planning and lomc. (14–04– Augusta-Richmond Development Depart- 2417P). County, 530 Greene ment, 525 Telfair Street, Augusta, GA Street, Augusta, GA 30901. 30901. Richmond ... Augusta-Rich- The Honorable Deke S. Augusta-Richmond http://www.msc.fema.gov/ November 28, 2014 ...... 130158 mond County Copenhaver, Mayor, County Planning and lomc. (14–04– Augusta-Richmond Development Depart- 4315P). County, 530 Greene ment, 525 Telfair Street, Augusta, GA Street, Augusta, GA 30901. 30901. Kentucky: Fay- Lexington-Fay- The Honorable Jim Lexington-Fayette Urban http://www.msc.fema.gov/ November 24, 2014 ...... 210067 ette. ette Urban Gray, Mayor, Lex- County Government lomc. County Gov- ington-Fayette Urban Planning Division, 101 ernment (13– County Government, East Vine Street, Lex- 04–1223P). 200 East Main Street, ington, KY 40507. Lexington, KY 40507. Montana: Min- Town of Supe- The Honorable Roni Town Hall, 105 Cedar http://www.msc.fema.gov/ January 15, 2015 ...... 300128 eral. rior (14–08– Phillips, Mayor, Town Street, Superior, MT lomc. 0313P). of Superior, P.O. Box 59872. 729, Superior, MT 59872. North Carolina: City of High The Honorable Bernita Engineering Services http://www.msc.fema.gov/ November 27, 2014 ...... 370113 Guilford. Point (14–04– Sims, Mayor, City of Department, 211 lomc. 2188P). High Point, 211 South South Hamilton Street, Hamilton Street, High High Point, NC 27260. Point, NC 27260. South Carolina: Charleston .. City of Charles- The Honorable Joseph Department of Public http://www.msc.fema.gov/ December 2, 2014 ...... 455412 ton (14–04– P. Riley, Jr., Mayor, Services, 75 Calhoun lomc. 7487X). City of Charleston, Street, 3rd Floor, P.O. Box 652, Charleston, SC 29401. Charleston, SC 29402. Charleston .. Town of Mount The Honorable Linda Town Hall, 100 Ann http://www.msc.fema.gov/ November 20, 2014 ...... 455417 Pleasant (14– Page, Mayor, Town of Edwards Lane, Mount lomc. 04–3646P). Mount Pleasant, 100 Pleasant, SC 29464. Ann Edwards Lane, Mount Pleasant, SC 29464.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63150 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Location and Chief executive officer of Community map reposi- Online location of Letter of Effective date of Community State and county case No. community tory Map Revision modification No.
Charleston .. Unincorporated The Honorable Teddie Charleston County http://www.msc.fema.gov/ November 20, 2014 ...... 455413 areas of E. Pryor, Sr., Chair- Building Services De- lomc. Charleston man, Charleston partment, 4045 Bridge County (14– County Council, 2700 View Drive, North 04–3646P). Crestline Drive, North Charleston, SC 29405. Charleston, SC 29405. Lancaster ... Unincorporated The Honorable Larry Lancaster County Build- http://www.msc.fema.gov/ December 11, 2014 ...... 450120 areas of Lan- McCullough, Chair- ing and Zoning De- lomc. caster County man, Lancaster Coun- partment, 101 North (14–04– ty Council, 101 North Main Street, Lan- 4016P). Main Street, Lan- caster, SC 29721. caster, SC 29721. South Dakota: Custer ...... Town of The Honorable Linda Planning and Zoning http://www.msc.fema.gov/ November 13, 2014 ...... 460230 Hermosa (14– Kramer, President, Commission, 230 lomc. 08–0158P). Town of Hermosa Main Street, Hermosa, Board of Trustees, SD 57744. P.O. Box 298, Hermosa, SD 57744. Custer ...... Unincorporated The Honorable Phil Custer County Depart- http://www.msc.fema.gov/ November 13, 2014 ...... 460018 areas of Cus- Lampert, Chairman, ment of Planning and lomc. ter County Custer County Board Economic Develop- (14–08– of Commissioners, ment, 420 Mount 0158P). 420 Mount Rushmore Rushmore Road, Cus- Road, Custer, SD ter, SD 57730. 57730. Lawrence ... City of Spearfish The Honorable Dana City Hall, 625 North 5th http://www.msc.fema.gov/ December 9, 2014 ...... 460046 (14–08– Boke, Mayor, City of Street, Spearfish, SD lomc. 0440P). Spearfish, 625 North 57783. 5th Street, Spearfish, SD 57783. Minnehaha City of Hartford The Honorable Paul City Hall, 125 North http://www.msc.fema.gov/ December 1, 2014 ...... 460180 (14–08– Zimmer, Mayor, City Main, Hartford, SD lomc. 0151P). of Hartford, P.O. Box 57033. 727, Hartford, SD 57033.
(Catalog of Federal Domestic Assistance No. Insurance Rate Maps (FIRMs), and community that the Deputy Associate 97.022, ‘‘Flood Insurance.’’) where applicable, in the supporting Administrator for Mitigation reconsider Dated: September 29, 2014. Flood Insurance Study (FIS) reports, the changes. The flood hazard Roy E. Wright, prepared by the Federal Emergency determination information may be Deputy Associate Administrator for Management Agency (FEMA) for each changed during the 90-day period. Mitigation, Department of Homeland community, is appropriate because of ADDRESSES: The affected communities Security, Federal Emergency Management new scientific or technical data. The are listed in the table below. Revised Agency. FIRM, and where applicable, portions of flood hazard information for each [FR Doc. 2014–25150 Filed 10–21–14; 8:45 am] the FIS report, have been revised to community is available for inspection at BILLING CODE 9110–12–P reflect these flood hazard both the online location and the determinations through issuance of a respective community map repository Letter of Map Revision (LOMR), in address listed in the table below. DEPARTMENT OF HOMELAND accordance with Title 44, Part 65 of the Additionally, the current effective FIRM SECURITY Code of Federal Regulations (44 CFR and FIS report for each community are Part 65). The LOMR will be used by accessible online through the FEMA Federal Emergency Management insurance agents and others to calculate Map Service Center at Agency appropriate flood insurance premium www.msc.fema.gov for comparison. [Docket ID FEMA–2014–0002; Internal rates for new buildings and the contents Submit comments and/or appeals to Agency Docket No. FEMA–B–1441] of those buildings. For rating purposes, the Chief Executive Officer of the the currently effective community community as listed in the table below. Changes in Flood Hazard number is shown in the table below and FOR FURTHER INFORMATION CONTACT: Luis Determinations must be used for all new policies and Rodriguez, Chief, Engineering renewals. Management Branch, Federal Insurance AGENCY: Federal Emergency Management Agency, DHS. DATES: These flood hazard and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC ACTION: Notice. determinations will become effective on the dates listed in the table below and 20472, (202) 646–4064, or (email) SUMMARY: This notice lists communities revise the FIRM panels and FIS report [email protected]; or visit where the addition or modification of in effect prior to this determination for the FEMA Map Information eXchange the listed communities. (FMIX) online at Base Flood Elevations (BFEs), base flood _ depths, Special Flood Hazard Area From the date of the second www.floodmaps.fema.gov/fhm/fmx (SFHA) boundaries or zone publication of notification of these main.html. designations, or the regulatory floodway changes in a newspaper of local SUPPLEMENTARY INFORMATION: The (hereinafter referred to as flood hazard circulation, any person has ninety (90) specific flood hazard determinations are determinations), as shown on the Flood days in which to request through the not described for each community in
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63151
this notice. However, the online that the community is required either to pursuant to policies established by other location and local community map adopt or to show evidence of having in Federal, State, or regional entities. The repository address where the flood effect in order to qualify or remain flood hazard determinations are in hazard determination information is qualified for participation in the accordance with 44 CFR 65.4. available for inspection is provided. National Flood Insurance Program The affected communities are listed in Any request for reconsideration of (NFIP). flood hazard determinations must be the following table. Flood hazard submitted to the Chief Executive Officer These flood hazard determinations, determination information for each of the community as listed in the table together with the floodplain community is available for inspection at below. management criteria required by 44 CFR both the online location and the The modifications are made pursuant 60.3, are the minimum that are required. respective community map repository to section 201 of the Flood Disaster They should not be construed to mean address listed in the table below. Protection Act of 1973, 42 U.S.C. 4105, that the community must change any Additionally, the current effective FIRM and are in accordance with the National existing ordinances that are more and FIS report for each community are Flood Insurance Act of 1968, 42 U.S.C. stringent in their floodplain accessible online through the FEMA 4001 et seq., and with 44 CFR Part 65. management requirements. The Map Service Center at The FIRM and FIS report are the basis community may at any time enact www.msc.fema.gov for comparison. of the floodplain management measures stricter requirements of its own or
Location and Chief executive, officer Community map Online location of letter of Effective date of Community State and county case No. of community repository map revision modification No.
Arkansas: Benton ...... City of The Honorable Bob 305 Southwest A Street, http://www.msc.fema.gov/ December 5, 2014 ...... 050012 Bentonville, McCaslin, Mayor, City Bentonville, AR 72712. lomc. (13–06– of Bentonville, 117 3762P). West Central Avenue, Bentonville, AR 72712. Benton ...... Unincorporated The Honorable Robert Benton County, 905 http://www.msc.fema.gov/ December 5, 2014 ...... 050419 areas of Ben- D. Clinard, Benton Northwest 8th Street, lomc. ton County, County Judge, 215 Bentonville, AR 72712. (13–06– East Central Avenue, 3762P). Bentonville, AR 72712. Saline ...... City of Bryant, The Honorable Jill 210 Southwest 3rd http://www.msc.fema.gov/ December 10, 2014 ...... 050308 (14–06– Dabbs, Mayor, City of Street, Bryant, AR lomc. 1117P). Bryant, 210 Southwest 72022. 3rd Street, Bryant, AR 72022. Oklahoma: Oklahoma ... City of Edmond, Mr. Larry Stevens, Man- 24 East 1st Street, Ed- http://www.msc.fema.gov/ December 3, 3014 ...... 400252 (13–06– ager, City of Edmond, mond, OK 73083. lomc. 4532P). P.O. Box 2970, Ed- mond, OK 73083. Oklahoma ... City of Edmond, Mr. Larry Stevens, Man- 24 East 1st Street, Ed- http://www.msc.fema.gov/ December 3, 3014 ...... 400252 (13–06– ager, City of Edmond, mond, OK 73083. lomc. 4538P). P.O. Box 2970, Ed- mond, OK 73083. Oklahoma ... City of Okla- The Honorable Mick 420 West Main Street,, http://www.msc.fema.gov/ December 12, 2014 ...... 405378 homa City, Cornett, Mayor, City of Suite 700, Oklahoma lomc. (14–06– Oklahoma City, 200 City, OK 73102. 0510P). North Walker Avenue, 3rd Floor, Oklahoma City, OK 73102. Pennsylvania: Township of The Honorable Norman Portage Township Hall, http://www.msc.fema.gov/ December 4, 2014 ...... 421985 Potter. Portage, (14– D. McAfoose, Chair- 986 Costello Road, lomc. 03–1386P). man, Portage Town- Austin, PA 16720. ship Board of Super- visors, 23 State Street, Austin, PA 16720. Texas: Bexar ...... City of San An- The Honorable Ivy R. Department of Public http://www.msc.fema.gov/ December 12, 2014 ...... 480045 tonio, (14–06– Taylor, Mayor, City of Works, Storm Water lomc. 1333P). San Antonio, P.O. Box Engineering, 1901 839966, San Antonio, South Alamo Street, TX 78283. 2nd Floor, San Anto- nio, TX 78204. Bexar ...... City of San An- The Honorable Ivy R. Department of Public http://www.msc.fema.gov/ December 10, 2014 ...... 480045 tonio, (14–06– Taylor, Mayor, City of Works, Storm Water lomc. 1934P). San Antonio, P.O. Box Engineering, 1901 839966, San Antonio, South Alamo Street, TX 78283. 2nd Floor, San Anto- nio, TX 78204. Dallas ...... City of Garland, The Honorable Douglas 800 Main Street, Gar- http://www.msc.fema.gov/ December 12, 2014 ...... 485471 (13–06– Athas, Mayor, City of land, TX 75040. lomc. 4550P). Garland, 200 North 5th Street, Garland, TX 75040.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63152 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Location and Chief executive, officer Community map Online location of letter of Effective date of Community State and county case No. of community repository map revision modification No.
El Paso ...... Unincorporated The Honorable Veronica El Paso County, 500 http://www.msc.fema.gov/ December 12, 2014 ...... 480212 areas of El Escobar, El Paso East San Antonio Av- lomc. Paso County, County Judge, 500 enue, Room 407, El (14–06– East San Antonio Av- Paso, TX 79901. 1602P). enue, Suite 301, El Paso, TX 79901. Guadalupe City of Cibolo, The Honorable Lisa M. City Hall, 200 South http://www.msc.fema.gov/ November 28, 2014 ...... 480267 (14–06– Jackson, Mayor, City Main Street, Cibolo, lomc. 1171P). of Cibolo, 200 South TX 78108. Main Street, Cibolo, TX 78108. Parker ...... City of Weather- The Honorable Dennis Engineering Department, http://www.msc.fema.gov/ November 28, 2014 ...... 480522 ford, (14–06– Hooks, Mayor, City of 303 Palo Pinto Street, lomc. 0306P). Weatherford, 303 Palo Weatherford, TX Pinto Street, Weather- 76086. ford, TX 76086. Parker ...... Unincorporated The Honorable Mark Parker County Permit- http://www.msc.fema.gov/ November 28, 2014 ...... 480520 areas of Riley, Parker County ting Office, 1114 lomc. Parker Coun- Judge, 1 Courthouse Santa Fe Drive, ty, (14–06– Square, Weatherford, Weatherford, TX 0306P). TX 76086. 76086. Tarrant ...... City of Keller, The Honorable Mark City Hall, 1100 Bear http://www.msc.fema.gov/ November 21, 2014 ...... 480602 (13–06– Matthews, Mayor, City Creek Parkway, Kel- lomc. 4442P). of Keller, P.O. Box ler, TX 76248. 770, Keller, TX 76244. Tarrant ...... City of The Honorable John Public Works Depart- http://www.msc.fema.gov/ November 21, 2014 ...... 480612 Southlake, Terrell, Mayor, City of ment, Administration lomc. (13–06– Southlake, 1400 Main and Engineering Divi- 4442P). Street, Suite 270, sion, 1400 Main Southlake, TX 76092. Street, Suite 320, Southlake, TX 76092.
(Catalog of Federal Domestic Assistance No. The FIRM and FIS report are the basis [email protected]; or visit 97.022, ‘‘Flood Insurance.’’) of the floodplain management measures the FEMA Map Information eXchange Dated: September 29, 2014. that a community is required either to (FMIX) online at _ Roy E. Wright, adopt or to show evidence of having in www.floodmaps.fema.gov/fhm/fmx Deputy Associate Administrator for effect in order to qualify or remain main.html. qualified for participation in the Federal Mitigation, Department of Homeland SUPPLEMENTARY INFORMATION: The Security, Federal Emergency Management Emergency Management Agency’s Federal Emergency Management Agency Agency. (FEMA’s) National Flood Insurance (FEMA) makes the final determinations [FR Doc. 2014–25191 Filed 10–21–14; 8:45 am] Program (NFIP). In addition, the FIRM listed below for the new or modified BILLING CODE 9110–12–P and FIS report are used by insurance flood hazard information for each agents and others to calculate community listed. Notification of these appropriate flood insurance premium changes has been published in DEPARTMENT OF HOMELAND rates for buildings and the contents of newspapers of local circulation and SECURITY those buildings. ninety (90) days have elapsed since that DATES: The effective date of November publication. The Deputy Associate Federal Emergency Management 5, 2014 which has been established for Agency Adminstrator for Mitigation has the FIRM and, where applicable, the resolved any appeals resulting from this supporting FIS report showing the new notification. [Docket ID FEMA–2014–0002] or modified flood hazard information This final notice is issued in for each community. Final Flood Hazard Determinations accordance with section 110 of the ADDRESSES: The FIRM, and if Flood Disaster Protection Act of 1973, AGENCY: Federal Emergency applicable, the FIS report containing the 42 U.S.C. 4104, and 44 CFR part 67. Management Agency, DHS. final flood hazard information for each FEMA has developed criteria for community is available for inspection at ACTION: Final notice. floodplain management in floodprone the respective Community Map areas in accordance with 44 CFR part SUMMARY: Flood hazard determinations, Repository address listed in the tables 60. which may include additions or below and will be available online Interested lessees and owners of real modifications of Base Flood Elevations through the FEMA Map Service Center property are encouraged to review the (BFEs), base flood depths, Special Flood at www.msc.fema.gov by the effective new or revised FIRM and FIS report Hazard Area (SFHA) boundaries or zone date indicated above. available at the address cited below for designations, or regulatory floodways on FOR FURTHER INFORMATION CONTACT: Luis each community or online through the the Flood Insurance Rate Maps (FIRMs) Rodriguez, Chief, Engineering FEMA Map Service Center at and where applicable, in the supporting Management Branch, Federal Insurance www.msc.fema.gov. The flood hazard Flood Insurance Study (FIS) reports and Mitigation Administration, FEMA, determinations are made final in the have been made final for the 500 C Street SW., Washington, DC watersheds and/or communities listed communities listed in the table below. 20472, (202) 646–4064, or (email) in the table below.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63153
Community Community map repository address
City and County of Honolulu, Hawaii Docket No.: FEMA–B–1347
City and County of Honolulu ...... Department of Planning and Permitting, 650 South King Street, Hono- lulu, HI 96813.
Gibson County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1315
City of Oakland City ...... City Hall, 301 South Franklin Street, Oakland City, IN 47660. City of Princeton ...... City Hall, 310 West State Street, Princeton, IN 47670. Town of Fort Branch ...... Town Hall, 210 West Locust Street, Fort Branch, IN 47648. Town of Francisco ...... Town Hall, 203 West Main Street, Francisco, IN 47649. Town of Hazleton ...... Town Hall, 101 South Main Street, Hazleton, IN 47640. Town of Patoka ...... Town Hall, 110 South Main Street, Patoka, IN 47666. Unincorporated Areas of Gibson County ...... Gibson County Annex North, 225 North Hart Street, Princeton, IN 47670.
Posey County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1315
City of Mount Vernon ...... Posey County Area Plan Commission, 2nd Floor Coliseum Building, Room 223, 126 East Third Street, Mount Vernon, IN 47620. Town of Cynthiana ...... Posey County Area Plan Commission, 2nd Floor Coliseum Building, Room 223, 126 East Third Street, Mount Vernon, IN 47620. Town of Griffin ...... Posey County Area Plan Commission, 2nd Floor Coliseum Building, Room 223, 126 East Third Street, Mount Vernon, IN 47620. Town of New Harmony ...... Town Hall, 520 Church Street, New Harmony, IN 47631. Unincorporated Areas of Posey County ...... Posey County Area Plan Commission, 2nd Floor Coliseum Building, Room 223, 126 East Third Street, Mount Vernon, IN 47620.
Shelby County, Indiana, and Incorporated Areas Docket No.: FEMA–B–1315
City of Shelbyville ...... City Hall, Planning Commission, 44 West Washington Street, Shelby- ville, IN 46176. Town of Morristown ...... Municipal Building, 418 West Main Street, Morristown, IN 46161. Unincorporated Areas of Shelby County ...... Shelby County Plan Commission, 25 West Polk Street, Shelbyville, IN 46176.
Queen Anne’s County, Maryland, and Incorporated Areas Docket No.: FEMA–B–1299
Town of Centreville ...... Town Hall, 101 Lawyer’s Row, Centreville, MD 21617. Town of Church Hill ...... Town Hall, 324 Main Street, Church Hill, MD 21623. Town of Queen Anne ...... Town Clerk’s Office, 31922 Flowers Road, Queen Anne, MD 21657. Town of Queenstown ...... Town Office, 7013 Main Street, Queenstown, MD 21658. Unincorporated Areas of Queen Anne’s County ...... Queen Anne’s County Department of Public Works, 312 Safety Drive, Centreville, MD 21617.
Lincoln County, New Mexico, and Incorporated Areas Docket No.: FEMA–B–1309
City of Ruidoso Downs ...... City Hall, 123 Downs Drive, Ruidoso Downs, NM 88346. Unincorporated Areas of Lincoln County ...... Lincoln County Floodplain Manager’s Office, 115 Kansas City Road, Ruidoso, NM 88345.
Waukesha County, Wisconsin, and Incorporated Areas Docket No.: FEMA–B–1342
City of Delafield ...... City Hall, 500 Genesee Street, Delafield, WI 53018. City of Oconomowoc ...... City Hall, 174 East Wisconsin Avenue, Oconomowoc, WI 53066. Unincorporated Areas of Waukesha County ...... Waukesha County Administration Center, 515 West Moorland Boule- vard, Waukesha, WI 53188. Village of Chenequa ...... Village Hall, 31275 West Highway K, Chenequa, WI 53029. Village of Dousman ...... Village Hall, 118 South Main Street, Dousman, WI 53118. Village of Hartland ...... Village Hall, 210 Cottonwood Avenue, Hartland, WI 53029. Village of Lac La Belle ...... Village Hall, 600 Lac La Belle Drive, Lac La Belle, WI 53066. Village of Merton ...... Village Hall, N67W28343 Sussex Road, Merton, WI 53056. Village of Nashotah ...... Village Hall, N44W32950 Watertown Plank Road, Nashotah, WI 53058. Village of Oconomowoc Lake ...... Village Hall, 35328 West Pabst Road, Oconomowoc Lake, WI 53066. Village of Summit ...... Village Hall, 2911 North Dousman Road, Oconomowoc, WI 53066.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63154 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
(Catalog of Federal Domestic Assistance No. requirement that Federal assistance be DEPARTMENT OF HOMELAND 97.022, ‘‘Flood Insurance.’’) supplemental, any Federal funds provided SECURITY under the Stafford Act for Hazard Mitigation Dated: September 29, 2014. will be limited to 75 percent of the total Federal Emergency Management Roy E. Wright, eligible costs. Federal funds provided under Agency Deputy Associate Administrator for the Stafford Act for Public Assistance also [Internal Agency Docket No. FEMA–4191– Mitigation, Department of Homeland will be limited to 75 percent of the total DR; Docket ID FEMA–2014–0003] Security, Federal Emergency Management eligible costs, with the exception of projects Agency. that meet the eligibility criteria for a higher Guam; Major Disaster and Related [FR Doc. 2014–25189 Filed 10–21–14; 8:45 am] Federal cost-sharing percentage under the Determinations BILLING CODE 9110–12–P Public Assistance Alternative Procedures Pilot Program for Debris Removal AGENCY: Federal Emergency implemented pursuant to section 428 of the Management Agency, DHS. DEPARTMENT OF HOMELAND Stafford Act. ACTION: Notice. SECURITY Further, you are authorized to make changes to this declaration for the approved SUMMARY: This is a notice of the Federal Emergency Management assistance to the extent allowable under the Presidential declaration of a major Agency Stafford Act. disaster for the Territory of Guam [Internal Agency Docket No. FEMA–4192– (FEMA–4191–DR), dated September 10, DR; Docket ID FEMA–2014–0003] The Federal Emergency Management 2014, and related determinations. Agency (FEMA) hereby gives notice that DATES: Effective Date: September 10, American Samoa; Major Disaster and pursuant to the authority vested in the 2014. Related Determinations Administrator, under Executive Order FOR FURTHER INFORMATION CONTACT: 12148, as amended, Kenneth K. Suiso, AGENCY: Federal Emergency Dean Webster, Office of Response and of FEMA is appointed to act as the Management Agency, DHS. Recovery, Federal Emergency Federal Coordinating Officer for this Management Agency, 500 C Street SW., ACTION: Notice. major disaster. Washington, DC 20472, (202) 646–2833. SUMMARY: This is a notice of the The following areas have been SUPPLEMENTARY INFORMATION: Notice is Presidential declaration of a major designated as adversely affected by this hereby given that, in a letter dated disaster for the Territory of American major disaster: September 10, 2014, the President Samoa (FEMA–4192–DR), dated issued a major disaster declaration The Territory of American Samoa for under the authority of the Robert T. September 10, 2014, and related Public Assistance. Stafford Disaster Relief and Emergency determinations. All areas within the Territory of American Assistance Act, 42 U.S.C. 5121 et seq. DATES: Effective Date: September 10, Samoa are eligible for assistance under the (the ‘‘Stafford Act’’), as follows: 2014. Hazard Mitigation Grant Program. The following Catalog of Federal Domestic I have determined that the damage in FOR FURTHER INFORMATION CONTACT: Assistance Numbers (CFDA) are to be used certain areas of the Territory of Guam Dean Webster, Office of Response and for reporting and drawing funds: 97.030, resulting from Tropical Storm Halong during Recovery, Federal Emergency Community Disaster Loans; 97.031, Cora the period of July 28–31, 2014, is of sufficient Management Agency, 500 C Street SW., severity and magnitude to warrant a major Brown Fund; 97.032, Crisis Counseling; Washington, DC 20472, (202) 646–2833. disaster declaration under the Robert T. 97.033, Disaster Legal Services; 97.034, Stafford Disaster Relief and Emergency SUPPLEMENTARY INFORMATION: Notice is Disaster Unemployment Assistance (DUA); Assistance Act, 42 U.S.C. 5121 et seq. (the hereby given that, in a letter dated 97.046, Fire Management Assistance Grant; ‘‘Stafford Act’’). Therefore, I declare that such September 10, 2014, the President 97.048, Disaster Housing Assistance to a major disaster exists in the Territory of issued a major disaster declaration Individuals and Households In Presidentially Guam. under the authority of the Robert T. Declared Disaster Areas; 97.049, In order to provide Federal assistance, you Stafford Disaster Relief and Emergency Presidentially Declared Disaster Assistance— are hereby authorized to allocate from funds Assistance Act, 42 U.S.C. 5121 et seq. Disaster Housing Operations for Individuals available for these purposes such amounts as (the ‘‘Stafford Act’’), as follows: and Households; 97.050, Presidentially you find necessary for Federal disaster assistance and administrative expenses. Declared Disaster Assistance to Individuals I have determined that the damage in You are authorized to provide Public certain areas of the Territory of American and Households—Other Needs; 97.036, Assistance in the designated areas and Samoa resulting from severe storms, flooding, Disaster Grants—Public Assistance Hazard Mitigation throughout the Territory of and landslides during the period of July 29 (Presidentially Declared Disasters); 97.039, Guam. Consistent with the requirement that to August 3, 2014, is of sufficient severity Hazard Mitigation Grant. Federal assistance be supplemental, any and magnitude to warrant a major disaster Federal funds provided under the Stafford declaration under the Robert T. Stafford W. Craig Fugate, Act for Hazard Mitigation will be limited to Disaster Relief and Emergency Assistance Administrator, Federal Emergency 75 percent of the total eligible costs. Federal Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Management Agency. funds provided under the Stafford Act for Act’’). Therefore, I declare that such a major [FR Doc. 2014–25073 Filed 10–21–14; 8:45 am] Public Assistance also will be limited to 75 disaster exists in the Territory of American percent of the total eligible costs, with the Samoa. BILLING CODE 9111–23–P exception of projects that meet the eligibility In order to provide Federal assistance, you criteria for a higher Federal cost-sharing are hereby authorized to allocate from funds percentage under the Public Assistance available for these purposes such amounts as Alternative Procedures Pilot Program for you find necessary for Federal disaster Debris Removal implemented pursuant to assistance and administrative expenses. section 428 of the Stafford Act. You are authorized to provide Public Further, you are authorized to make Assistance in the designated areas and changes to this declaration for the approved Hazard Mitigation throughout the Territory of assistance to the extent allowable under the American Samoa. Consistent with the Stafford Act.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63155
The Federal Emergency Management SUPPLEMENTARY INFORMATION: The notice Assistance Act, 42 U.S.C. 5121 et seq. Agency (FEMA) hereby gives notice that of a major disaster declaration for the (the ‘‘Stafford Act’’), in a letter to W. pursuant to the authority vested in the State of Washington is hereby amended Craig Fugate, Administrator, Federal Administrator, under Executive Order to include the following area among Emergency Management Agency, 12148, as amended, Kenneth K. Suiso, those areas determined to have been Department of Homeland Security, of FEMA is appointed to act as the adversely affected by the event declared under Executive Order 12148, as Federal Coordinating Officer for this a major disaster by the President in his follows: major disaster. declaration of August 11, 2014. I have determined that the damage to the The following areas have been Kittitas County for Public Assistance. lands associated with the Santa Clara Pueblo designated as adversely affected by this The following Catalog of Federal Domestic resulting from severe storms and flooding major disaster: Assistance Numbers (CFDA) are to be used during the period of September 13–16, 2013, is of sufficient severity and magnitude that The Territory of Guam for Public for reporting and drawing funds: 97.030, special cost sharing arrangements are Assistance. Community Disaster Loans; 97.031, Cora warranted regarding Federal funds provided All areas within the Territory of Guam are Brown Fund; 97.032, Crisis Counseling; under the Robert T. Stafford Disaster Relief eligible for assistance under the Hazard 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); and Emergency Assistance Act, 42 U.S.C. Mitigation Grant Program. 5121 et seq. (the ‘‘Stafford Act’’). The following Catalog of Federal Domestic 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Therefore, I amend my declaration of Assistance Numbers (CFDA) are to be used October 24, 2013, to authorize Federal funds for reporting and drawing funds: 97.030, Individuals and Households In Presidentially Declared Disaster Areas; 97.049, for all categories of Public Assistance at 90 Community Disaster Loans; 97.031, Cora percent of total eligible costs. Brown Fund; 97.032, Crisis Counseling; Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals This adjustment to the cost sharing applies 97.033, Disaster Legal Services; 97.034, only to Public Assistance costs and direct Disaster Unemployment Assistance (DUA); and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals Federal assistance eligible for such 97.046, Fire Management Assistance Grant; adjustments under the law. The Robert T. 97.048, Disaster Housing Assistance to and Households—Other Needs; 97.036, Disaster Grants—Public Assistance Stafford Disaster Relief and Emergency Individuals and Households In Presidentially Assistance Act specifically prohibits a Declared Disaster Areas; 97.049, (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. similar adjustment for funds provided for the Presidentially Declared Disaster Assistance— Hazard Mitigation Grant Program (Section Disaster Housing Operations for Individuals 404). These funds will continue to be and Households; 97.050, Presidentially W. Craig Fugate, reimbursed at 75 percent of total eligible Declared Disaster Assistance to Individuals Administrator, Federal Emergency costs. and Households—Other Needs; 97.036, Management Agency. The following Catalog of Federal Domestic Disaster Grants—Public Assistance [FR Doc. 2014–25075 Filed 10–21–14; 8:45 am] Assistance Numbers (CFDA) are to be used (Presidentially Declared Disasters); 97.039, BILLING CODE 9111–23–P for reporting and drawing funds: 97.030, Hazard Mitigation Grant. Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; W. Craig Fugate, DEPARTMENT OF HOMELAND 97.033, Disaster Legal Services; 97.034, Administrator, Federal Emergency Disaster Unemployment Assistance (DUA); Management Agency. SECURITY 97.046, Fire Management Assistance Grant; [FR Doc. 2014–25074 Filed 10–21–14; 8:45 am] 97.048, Disaster Housing Assistance to Federal Emergency Management BILLING CODE 9111–23–P Individuals and Households In Presidentially Agency Declared Disaster Areas; 97.049, [Internal Agency Docket No. FEMA–4151– Presidentially Declared Disaster Assistance— DEPARTMENT OF HOMELAND DR; Docket ID FEMA–2014–0003] Disaster Housing Operations for Individuals SECURITY and Households; 97.050 Presidentially Santa Clara Pueblo; Amendment No. 2 Declared Disaster Assistance to Individuals Federal Emergency Management to Notice of a Major Disaster and Households—Other Needs; 97.036, Disaster Grants—Public Assistance Agency Declaration (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. [Internal Agency Docket No. FEMA–4188– AGENCY: Federal Emergency DR; Docket ID FEMA–2014–0003] Management Agency, DHS. W. Craig Fugate, ACTION: Notice. Administrator, Federal Emergency Washington; Amendment No. 1 to Management Agency. Notice of a Major Disaster Declaration SUMMARY: This notice amends the notice of a major disaster for the Santa Clara [FR Doc. 2014–25088 Filed 10–21–14; 8:45 am] AGENCY: Federal Emergency Pueblo (FEMA–4151–DR), dated BILLING CODE 9111–23–P Management Agency, DHS. October 24, 2013, and related ACTION: Notice. determinations. DEPARTMENT OF HOMELAND DATES: Effective Date: October 9, 2014. SUMMARY: This notice amends the notice SECURITY of a major disaster declaration for the FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Federal Emergency Management State of Washington (FEMA–4188–DR), Agency dated August 11, 2014, and related Recovery, Federal Emergency determinations. Management Agency, 500 C Street SW., [Internal Agency Docket No. FEMA–4196– Washington, DC 20472, (202) 646–2833. DR; Docket ID FEMA–2014–0003] DATES: Effective Date: September 12, SUPPLEMENTARY INFORMATION: Notice is 2014. hereby given that, in a letter dated Kentucky; Major Disaster and Related FOR FURTHER INFORMATION CONTACT: October 9, 2014, the President amended Determinations Dean Webster, Office of Response and the cost-sharing arrangements regarding AGENCY: Federal Emergency Recovery, Federal Emergency Federal funds provided under the Management Agency, DHS. Management Agency, 500 C Street SW., authority of the Robert T. Stafford ACTION: Notice. Washington, DC 20472, (202) 646–2833. Disaster Relief and Emergency
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63156 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
SUMMARY: This is a notice of the designated as adversely affected by this resulting from severe storms, straight-line Presidential declaration of a major major disaster: winds, and flooding during the period of August 21–25, 2014, is of sufficient severity disaster for the Commonwealth of Floyd, Johnson, Knott, and Pike Counties and magnitude to warrant a major disaster Kentucky (FEMA–4196–DR), dated for Public Assistance. declaration under the Robert T. Stafford September 30, 2014, and related All areas within the Commonwealth of determinations. Kentucky are eligible for assistance under the Disaster Relief and Emergency Assistance Hazard Mitigation Grant Program. Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford DATES: Effective Date: September 30, Act’’). Therefore, I declare that such a major The following Catalog of Federal Domestic 2014. disaster exists in the State of Montana. Assistance Numbers (CFDA) are to be used In order to provide Federal assistance, you FOR FURTHER INFORMATION CONTACT: for reporting and drawing funds: 97.030, are hereby authorized to allocate from funds Dean Webster, Office of Response and Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; available for these purposes such amounts as Recovery, Federal Emergency you find necessary for Federal disaster Management Agency, 500 C Street SW., 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); assistance and administrative expenses. Washington, DC 20472, (202) 646–2833. 97.046, Fire Management Assistance Grant; You are authorized to provide Public SUPPLEMENTARY INFORMATION: Notice is 97.048, Disaster Housing Assistance to Assistance in the designated areas and hereby given that, in a letter dated Individuals and Households In Presidentially Hazard Mitigation throughout the State. September 30, 2014, the President Declared Disaster Areas; 97.049, Consistent with the requirement that Federal issued a major disaster declaration Presidentially Declared Disaster Assistance— assistance be supplemental, any Federal under the authority of the Robert T. Disaster Housing Operations for Individuals funds provided under the Stafford Act for and Households; 97.050, Presidentially Stafford Disaster Relief and Emergency Hazard Mitigation will be limited to 75 Declared Disaster Assistance to Individuals percent of the total eligible costs. Federal Assistance Act, 42 U.S.C. 5121 et seq. and Households—Other Needs; 97.036, (the ‘‘Stafford Act’’), as follows: funds provided under the Stafford Act for Disaster Grants—Public Assistance Public Assistance also will be limited to 75 I have determined that the damage in (Presidentially Declared Disasters); 97.039, percent of the total eligible costs, with the Hazard Mitigation Grant. certain areas of the Commonwealth of exception of projects that meet the eligibility Kentucky resulting from severe storms, criteria for a higher Federal cost-sharing W. Craig Fugate, flooding, landslides, and mudslides during percentage under the Public Assistance the period of August 18–23, 2014, is of Administrator, Federal Emergency Alternative Procedures Pilot Program for sufficient severity and magnitude to warrant Management Agency. Debris Removal implemented pursuant to a major disaster declaration under the Robert [FR Doc. 2014–25085 Filed 10–21–14; 8:45 am] T. Stafford Disaster Relief and Emergency section 428 of the Stafford Act. Assistance Act, 42 U.S.C. 5121 et seq. (the BILLING CODE 9110–23–P Further, you are authorized to make ‘‘Stafford Act’’). Therefore, I declare that such changes to this declaration for the approved a major disaster exists in the Commonwealth assistance to the extent allowable under the of Kentucky. DEPARTMENT OF HOMELAND Stafford Act. In order to provide Federal assistance, you SECURITY are hereby authorized to allocate from funds The Federal Emergency Management available for these purposes such amounts as Federal Emergency Management Agency (FEMA) hereby gives notice that you find necessary for Federal disaster Agency pursuant to the authority vested in the assistance and administrative expenses. [Internal Agency Docket No. FEMA–4198– Administrator, under Executive Order You are authorized to provide Public DR; Docket ID FEMA–2014–0003] 12148, as amended, Benigno Bern Ruiz, Assistance in the designated areas and of FEMA is appointed to act as the Hazard Mitigation throughout the Montana; Major Disaster and Related Federal Coordinating Officer for this Commonwealth. Consistent with the major disaster. requirement that Federal assistance be Determinations supplemental, any Federal funds provided AGENCY: Federal Emergency The following areas of the State of under the Stafford Act for Hazard Mitigation Management Agency, DHS. Montana have been designated as will be limited to 75 percent of the total adversely affected by this major disaster: eligible costs. Federal funds provided under ACTION: Notice. the Stafford Act for Public Assistance also Blaine, Carter, Musselshell, Petroleum, and will be limited to 75 percent of the total SUMMARY: This is a notice of the Valley Counties and the Fort Belknap eligible costs, with the exception of projects Presidential declaration of a major Reservation within Blaine County for Public that meet the eligibility criteria for a higher disaster for the State of Montana Assistance. Federal cost-sharing percentage under the (FEMA–4198–DR), dated October 9, All areas within the State of Montana are Public Assistance Alternative Procedures 2014, and related determinations. eligible for assistance under the Hazard Mitigation Grant Program. Pilot Program for Debris Removal DATES: Effective Date: October 9, 2014. implemented pursuant to section 428 of the The following Catalog of Federal Domestic Stafford Act. FOR FURTHER INFORMATION CONTACT: Assistance Numbers (CFDA) are to be used Further, you are authorized to make Dean Webster, Office of Response and for reporting and drawing funds: 97.030, changes to this declaration for the approved Recovery, Federal Emergency Community Disaster Loans; 97.031, Cora assistance to the extent allowable under the Management Agency, 500 C Street SW., Brown Fund; 97.032, Crisis Counseling; Stafford Act. Washington, DC 20472, (202) 646–2833. 97.033, Disaster Legal Services; 97.034, The Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice is Disaster Unemployment Assistance (DUA); Agency (FEMA) hereby gives notice that hereby given that, in a letter dated 97.046, Fire Management Assistance Grant; pursuant to the authority vested in the October 9, 2014, the President issued a 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Administrator, under Executive Order major disaster declaration under the authority of the Robert T. Stafford Declared Disaster Areas; 97.049, 12148, as amended, W. Michael Moore, Presidentially Declared Disaster Assistance— Disaster Relief and Emergency of FEMA is appointed to act as the Disaster Housing Operations for Individuals Federal Coordinating Officer for this Assistance Act, 42 U.S.C. 5121 et seq. and Households; 97.050, Presidentially major disaster. (the ‘‘Stafford Act’’), as follows: Declared Disaster Assistance to Individuals The following areas of the I have determined that the damage in and Households—Other Needs; 97.036, Commonwealth of Kentucky have been certain areas of the State of Montana Disaster Grants—Public Assistance
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63157
(Presidentially Declared Disasters); 97.039, exception of projects that meet the eligibility Immigration Services (USCIS) invites Hazard Mitigation Grant. criteria for a higher Federal cost-sharing the general public and other Federal percentage under the Public Assistance W. Craig Fugate, agencies to comment upon this Alternative Procedures Pilot Program for proposed revision of a currently Administrator, Federal Emergency Debris Removal implemented pursuant to Management Agency. section 428 of the Stafford Act. approved collection of information. In accordance with the Paperwork [FR Doc. 2014–25086 Filed 10–21–14; 8:45 am] Further, you are authorized to make Reduction Act (PRA) of 1995, the BILLING CODE 9111–23–P changes to this declaration for the approved assistance to the extent allowable under the information collection notice is Stafford Act. published in the Federal Register to DEPARTMENT OF HOMELAND The Federal Emergency Management obtain comments regarding the nature of SECURITY Agency (FEMA) hereby gives notice that the information collection, the pursuant to the authority vested in the categories of respondents, the estimated Federal Emergency Management Administrator, under Executive Order burden (i.e., the time, effort, and Agency 12148, as amended, Nancy M. Casper, of resources used by the respondents to FEMA is appointed to act as the Federal respond), the estimated cost to the [Internal Agency Docket No. FEMA–4197– respondent, and the actual information DR; Docket ID FEMA–2014–0003] Coordinating Officer for this major disaster. collection instruments. New Mexico; Major Disaster and The following areas of the State of DATES: Comments are encouraged and Related Determinations New Mexico have been designated as will be accepted for 60 days until adversely affected by this major disaster: December 22, 2014. AGENCY: Federal Emergency ADDRESSES: All submissions received Management Agency, DHS. Guadalupe, Rio Arriba, and San Miguel Counties and the Pueblo of Acoma for Public must include the OMB Control Number ACTION: Notice. Assistance. 1615–0061 in the subject box, the All areas within the State of New Mexico agency name and Docket ID USCIS– SUMMARY: This is a notice of the are eligible for assistance under the Hazard 2007–0046. To avoid duplicate Presidential declaration of a major Mitigation Grant Program. submissions, please use only one of the disaster for the State of New Mexico The following Catalog of Federal Domestic following methods to submit comments: (FEMA–4197–DR), dated October 6, Assistance Numbers (CFDA) are to be used (1) Online. Submit comments via the 2014, and related determinations. for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Federal eRulemaking Portal Web site at DATES: Effective Date: October 6, 2014. Brown Fund; 97.032, Crisis Counseling; www.regulations.gov under e-Docket ID FOR FURTHER INFORMATION CONTACT: 97.033, Disaster Legal Services; 97.034, number USCIS–2007–0046; Dean Webster, Office of Response and Disaster Unemployment Assistance (DUA); (2) Email. Submit comments to Recovery, Federal Emergency 97.046, Fire Management Assistance Grant; [email protected]; Management Agency, 500 C Street SW., 97.048, Disaster Housing Assistance to (3) Mail. Submit written comments to Washington, DC 20472, (202) 646–2833. Individuals and Households In Presidentially DHS, USCIS, Office of Policy and Declared Disaster Areas; 97.049, SUPPLEMENTARY INFORMATION: Strategy, Chief, Regulatory Coordination Notice is Presidentially Declared Disaster Assistance— hereby given that, in a letter dated Disaster Housing Operations for Individuals Division, 20 Massachusetts Avenue October 6, 2014, the President issued a and Households; 97.050, Presidentially NW., Washington, DC 20529–2140. major disaster declaration under the Declared Disaster Assistance to Individuals SUPPLEMENTARY INFORMATION: authority of the Robert T. Stafford and Households—Other Needs; 97.036, Disaster Relief and Emergency Disaster Grants—Public Assistance Comments Assistance Act, 42 U.S.C. 5121 et seq. (Presidentially Declared Disasters); 97.039, Regardless of the method used for (the ‘‘Stafford Act’’), as follows: Hazard Mitigation Grant. submitting comments or material, all I have determined that the damage in W. Craig Fugate, submissions will be posted, without certain areas of the State of New Mexico Administrator, Federal Emergency change, to the Federal eRulemaking resulting from severe storms and flooding Management Agency. Portal at http://www.regulations.gov, during the period of July 27 to August 5, [FR Doc. 2014–25087 Filed 10–21–14; 8:45 am] and will include any personal 2014, is of sufficient severity and magnitude BILLING CODE 9111–23–P information you provide. Therefore, to warrant a major disaster declaration under submitting this information makes it the Robert T. Stafford Disaster Relief and public. You may wish to consider Emergency Assistance Act, 42 U.S.C. 5121 et limiting the amount of personal seq. (the ‘‘Stafford Act’’). Therefore, I declare DEPARTMENT OF HOMELAND that such a major disaster exists in the State SECURITY information that you provide in any of New Mexico. voluntary submission you make to DHS. In order to provide Federal assistance, you U.S. Citizenship and Immigration DHS may withhold information are hereby authorized to allocate from funds Services provided in comments from public available for these purposes such amounts as viewing that it determines may impact [OMB Control Number 1615–0061] you find necessary for Federal disaster the privacy of an individual or is assistance and administrative expenses. Agency Information Collection offensive. For additional information, You are authorized to provide Public Activities: Application for Regional please read the Privacy Act notice that Assistance in the designated areas and is available via the link in the footer of Hazard Mitigation throughout the State. Center Under the Immigrant Investor Consistent with the requirement that Federal Program and Supplement, Form I–924 http://www.regulations.gov. assistance be supplemental, any Federal and I–924A; Revision of a Currently Note: The address listed in this notice funds provided under the Stafford Act for Approved Collection should only be used to submit comments Hazard Mitigation will be limited to 75 concerning this information collection. percent of the total eligible costs. Federal ACTION: 60-Day notice. Please do not submit requests for individual funds provided under the Stafford Act for case status inquiries to this address. If you Public Assistance also will be limited to 75 SUMMARY: The Department of Homeland are seeking information about the status of percent of the total eligible costs, with the Security (DHS), U.S. Citizenship and your individual case, please check ‘‘My Case
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63158 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Status’’ online at: https://egov.uscis.gov/cris/ (7) An estimate of the total public (1) Online. Submit comments via the Dashboard.do, or call the USCIS National burden (in cost) associated with the Federal eRulemaking Portal Web site at Customer Service Center at 1–800–375–5283. collection: The estimated total annual www.regulations.gov under e-Docket ID Written comments and suggestions cost burden associated with this number USCIS–2007–0024; from the public and affected agencies collection of information is $852,876. (2) Email. Submit comments to should address one or more of the If you need a copy of the information [email protected]; following four points: collection instrument with instructions, (3) Mail. Submit written comments to (1) Evaluate whether the proposed or additional information, please visit DHS, USCIS, Office of Policy and collection of information is necessary the Federal eRulemaking Portal site at: Strategy, Chief, Regulatory Coordination for the proper performance of the http://www.regulations.gov. We may Division, 20 Massachusetts Avenue functions of the agency, including also be contacted at: USCIS, Office of NW., Washington, DC 20529–2140. whether the information will have Policy and Strategy, Regulatory SUPPLEMENTARY INFORMATION: practical utility; Coordination Division, 20 (2) Evaluate the accuracy of the Massachusetts Avenue NW., Comments agency’s estimate of the burden of the Washington, DC 20529–2140, Regardless of the method used for proposed collection of information, Telephone number 202–272–8377. submitting comments or material, all including the validity of the Dated: October 16, 2014. submissions will be posted, without methodology and assumptions used; Laura Dawkins, change, to the Federal eRulemaking (3) Enhance the quality, utility, and Portal at http://www.regulations.gov, Chief, Regulatory Coordination Division, clarity of the information to be Office of Policy and Strategy, U.S. Citizenship and will include any personal collected; and and Immigration Services, Department of information you provide. Therefore, (4) Minimize the burden of the Homeland Security. submitting this information makes it collection of information on those who [FR Doc. 2014–25031 Filed 10–21–14; 8:45 am] public. You may wish to consider are to respond, including through the BILLING CODE 9111–97–P limiting the amount of personal use of appropriate automated, information that you provide in any electronic, mechanical, or other voluntary submission you make to DHS. technological collection techniques or DEPARTMENT OF HOMELAND DHS may withhold information other forms of information technology, SECURITY provided in comments from public e.g., permitting electronic submission of viewing that it determines may impact responses. Citizenship and Immigration Services the privacy of an individual or is Overview of This Information [OMB Control Number 1615–0020] offensive. For additional information, Collection please read the Privacy Act notice that Agency Information Collection is available via the link in the footer of (1) Type of Information Collection: Activities: Petition for Amerasian, http://www.regulations.gov. Revision of a Currently Approved Widower, or Special Immigrant, Form Collection. Note: The address listed in this notice I–360; Revision of a Currently should only be used to submit comments (2) Title of the Form/Collection: Approved Collection concerning this information collection. Application for Regional Center under Please do not submit requests for individual the Immigrant Investor Program and ACTION: 60-Day notice. case status inquiries to this address. If you Supplement. are seeking information about the status of (3) Agency form number, if any, and SUMMARY: The Department of Homeland your individual case, please check ‘‘My Case the applicable component of the DHS Security (DHS), U.S. Citizenship and Status’’ online at: https://egov.uscis.gov/cris/ sponsoring the collection: Form I–924 Immigration Services (USCIS) invites Dashboard.do, or call the USCIS National and Form I–924A; USCIS. the general public and other Federal Customer Service Center at 1–800–375–5283. (4) Affected public who will be asked agencies to comment upon this Written comments and suggestions or required to respond, as well as a brief proposed revision of a currently from the public and affected agencies abstract: Primary: Individuals or approved collection of information. In should address one or more of the households, for-profit organizations, accordance with the Paperwork following four points: and not-for-profit organizations. This Reduction Act (PRA) of 1995, the (1) Evaluate whether the proposed collection will be used by individuals, information collection notice is collection of information is necessary for-profit organizations, and not-for- published in the Federal Register to for the proper performance of the profit organizations to file a request for obtain comments regarding the nature of functions of the agency, including USCIS approval and designation as a the information collection, the whether the information will have regional center on behalf of an entity categories of respondents, the estimated practical utility; under the Immigrant Investor Program. burden (i.e., the time, effort, and (2) Evaluate the accuracy of the (5) An estimate of the total number of resources used by the respondents to agency’s estimate of the burden of the respondents and the amount of time respond), the estimated cost to the proposed collection of information, estimated for an average respondent to respondent, and the actual information including the validity of the respond: The estimated total number of collection instruments. methodology and assumptions used; respondents for the information DATES: Comments are encouraged and (3) Enhance the quality, utility, and collection Form I–924 is 311 and the will be accepted for 60 days until clarity of the information to be estimated hour burden per response is December 22, 2014. collected; and 40 hours; and for Form I–924A 380 at ADDRESSES: All submissions received (4) Minimize the burden of the 3 hours. must include the OMB Control Number collection of information on those who (6) An estimate of the total public 1615–0020 in the subject box, the are to respond, including through the burden (in hours) associated with the agency name and Docket ID USCIS– use of appropriate automated, collection: The total estimated annual 2007–0024. To avoid duplicate electronic, mechanical, or other hour burden associated with this submissions, please use only one of the technological collection techniques or collection is 13,580 hours. following methods to submit comments: other forms of information technology,
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63159
e.g., permitting electronic submission of collection: The estimated total annual SUMMARY: Notice is hereby given, responses. cost burden associated with this pursuant to CBP regulations, that collection of information is $2,380,053. Intertek USA, Inc., has been accredited Overview of this Information Collection If you need a copy of the information to test petroleum and certain petroleum (1) Type of Information Collection: collection instrument with instructions, products for customs purposes for the Revision of a Currently Approved or additional information, please visit next three years as of April 12, 2013. Collection. (2) Title of the Form/Collection: the Federal eRulemaking Portal site at: DATES: Effective Dates: The Petition for Amerasian, Widow(er), or http://www.regulations.gov. We may accreditation of Intertek USA, Inc., as Special Immigrant. also be contacted at: USCIS, Office of commercial and laboratory became (3) Agency form number, if any, and Policy and Strategy, Regulatory effective on April 12, 2013. The next the applicable component of the DHS Coordination Division, 20 triennial inspection date will be sponsoring the collection: Form I–360; Massachusetts Avenue NW., scheduled for April 2016. USCIS. Washington, DC 20529–2140, (4) Affected public who will be asked Telephone number 202–272–8377. FOR FURTHER INFORMATION CONTACT: Approved Gauger and Accredited or required to respond, as well as a brief Dated: October 16, 2014. Laboratories Manager, Laboratories and abstract: Primary: Individuals or Laura Dawkins, households. This information collection Scientific Services Directorate, U.S. Chief, Regulatory Coordination Division, Customs and Border Protection, 1300 is used by several prospective classes of Office of Policy and Strategy, U.S. Citizenship aliens who intend to establish their and Immigration Services, Department of Pennsylvania Avenue NW., Suite eligibility to immigrate to the United Homeland Security. 1500N, Washington, DC 20229, tel. 202– 344–1060. States. [FR Doc. 2014–25035 Filed 10–21–14; 8:45 am] (5) An estimate of the total number of BILLING CODE 9111–97–P SUPPLEMENTARY INFORMATION: Notice is respondents and the amount of time hereby given pursuant to 19 CFR 151.12, estimated for an average respondent to that Intertek USA, Inc., Road #901, KM respond: The estimated total number of DEPARTMENT OF HOMELAND 2.7, Bo. Camino Nuevo, Yabucoa PR respondents for the information SECURITY 00767, has been accredited to test collection Form I–360 is 19,429 and the petroleum and certain petroleum estimated hour burden per response is U.S. Customs and Border Protection products for customs purposes, in 3.1 hours for Iraqi and Afghan accordance with the provisions of 19 petitioners, and 2.35 hours for religious Accreditation of Intertek USA, Inc., as CFR 151.12. workers, and 2.1 hours for all other a Commercial Laboratory classifications. Intertek USA, Inc. is accredited for the (6) An estimate of the total public AGENCY: U.S. Customs and Border following laboratory analysis burden (in hours) associated with the Protection, Department of Homeland procedures and methods for petroleum collection: The total estimated annual Security. and certain petroleum products set forth by the U.S. Customs and Border hour burden associated with this ACTION: Notice of accreditation of Protection Laboratory Methods (CBPL) collection is 44,693 hours. Intertek USA, Inc., as a commercial (7) An estimate of the total public and American Society for Testing and laboratory. burden (in cost) associated with the Materials (ASTM):
CBPL No. ASTM Title
27–13 ...... D4294 ...... Sulfur in Petroleum Products by XRF. 27–02 ...... D1298 ...... Density, Relative Density or API Gravity of Crude Petroleum and Liquid Petro- leum Products. 27–08 ...... D86 ...... Distillation of Petroleum Products at Atmospheric Pressure. 27–11 ...... D445 ...... Kinematic Viscosity of Transparent and Opaque Liquids.
Anyone wishing to employ this entity Dated: October 16, 2014. ACTION: Notice; request for comments. to conduct laboratory analyses should Ira S. Reese, request and receive written assurances Executive Director, Laboratories and SUMMARY: We (U.S. Fish and Wildlife from the entity that it is accredited by Scientific Services Directorate. Service) will ask the Office of the U.S. Customs and Border Protection [FR Doc. 2014–25097 Filed 10–21–14; 8:45 am] Management and Budget (OMB) to to conduct the specific test requested. BILLING CODE 9111–14–P approve the information collection (IC) Alternatively, inquiries regarding the described below. As required by the specific test this entity is accredited or Paperwork Reduction Act of 1995 and approved to perform may be directed to DEPARTMENT OF THE INTERIOR as part of our continuing efforts to the U.S. Customs and Border Protection reduce paperwork and respondent Fish and Wildlife Service by calling (202) 344–1060. The inquiry burden, we invite the general public and may also be sent to CBPGaugersLabs@ [FW–HQ–MB–2014–N221; other Federal agencies to take this cbp.dhs.gov. Please reference the Web FXMB37660900000–14X–FF09M12000] opportunity to comment on this IC. This site listed below for a complete listing IC is scheduled to expire on January 31, Proposed Information Collection; of CBP approved gaugers and accredited 2015. We may not conduct or sponsor Migratory Birds and Wetlands and a person is not required to respond laboratories. http://www.cbp.gov/about/ Conservation Grant Programs labs-scientific/commercial-gaugers-and- to a collection of information unless it laboratories. AGENCY: Fish and Wildlife Service, displays a currently valid OMB control Interior. number.
VerDate Sep<11>2014 19:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63160 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
DATES: To ensure that we are able to partners may also conduct projects Principal conservation actions consider your comments on this IC, we involving technical training, supported are: must receive them by December 22, environmental education and outreach, • Protection and management of 2014. organizational infrastructure populations. • ADDRESSES: Send your comments on the development, and sustainable-use Maintenance, management, IC to the Service Information Collection studies. protection, and restoration of habitat. The Small Grants Program operates Clearance Officer, U.S. Fish and • Research and monitoring. only in the United States. It supports the Wildlife Service, MS BPHC, 5275 • Law enforcement. same types of projects and adheres to Leesburg Pike, Falls Church, VA 22041– • Community outreach and the same selection criteria and 3803 (mail); or [email protected] education. administrative guidelines as the U.S. (email). Please include ‘‘1018–0100’’ in We publish notices of funding Standard Grants Program. However, the subject line of your comments. availability on Grants.gov as well as in project activities are usually smaller in the Catalog of Federal Domestic FOR FURTHER INFORMATION CONTACT: To scope and involve fewer project dollars. Assistance. To compete for grant funds, request additional information about Grant requests may not exceed $75,000, _ partnerships submit applications that this IC, contact Hope Grey at hope and funding priority is given to grantees describe in substantial detail project [email protected] (email) or 703–358–2482 or partners new to the NAWCA Grants locations, project resources, future (telephone). Program. benefits, and other characteristics that SUPPLEMENTARY INFORMATION: We publish notices of funding availability on Grants.gov (http:// meet the standards established by the I. Abstract. www.grants.gov), as well as in the U.S. Fish and Wildlife Service and the The Division of Bird Habitat Catalog of Federal Domestic Assistance requirements of NMBCA. Conservation administers grant (https://www.cfda.gov). To compete for Materials that describe the program programs associated with the North grant funds, partnerships submit and assist applicants in formulating American Wetlands Conservation Act applications that describe in substantial project proposals for consideration are (NAWCA), Public Law 101–233, and the detail project locations, project available on our Web site at http:// Neotropical Migratory Bird resources, future benefits, and other www.fws.gov/birdhabitat/Grants/ Conservation Act (NMBCA), Public Law characteristics that meet the standards NMBCA. Persons who do not have 106–247. established by the North American access to the Internet may obtain Wetlands Conservation Council and the instructional materials by mail. We have North American Wetlands requirements of NAWCA. Materials that not made any major changes in the Conservation Act Grants describe the program and assist scope and general nature of the NAWCA provides matching grants to applicants in formulating project instructions since the OMB first organizations and individuals who have proposals are available on our Web site approved the information collection in developed partnerships to carry out at http://www.fws.gov/birdhabitat/ 2002. wetlands conservation projects in the Grants/NAWCA. Persons who do not II. Data United States, Canada, and Mexico for have access to the Internet may obtain the benefit of wetlands-associated instructional materials by mail. We have OMB Control Number: 1018–0100. migratory birds and other wildlife. not made any major changes in the Title: Migratory Birds and Wetlands There is a Standard and a Small Grants scope and general nature of the Conservation Grant Programs. Program. Both are competitive grants instructions since the OMB first Service Form Number(s): None. programs and require that grant requests approved the information collection in Type of Request: Extension of a be matched by partner contributions at 1999. currently approved collection. no less than a 1-to-1 ratio. Funds from Description of Respondents: Domestic U.S. Federal sources may contribute to Neotropical Migratory Bird and foreign individuals, businesses, and a project, but are not eligible as a match. Conservation Act other for-profit organizations; The Standard Grants Program NMBCA establishes a matching grant educational organizations; not-for-profit supports projects in Canada, the United program to fund projects that promote institutions; and Federal, State, local, States, and Mexico that involve long- the long-term conservation of and/or tribal governments. term protection, restoration, and/or neotropical migratory birds and their Respondent’s Obligation: Required to enhancement of wetlands and habitats in the United States, Canada, obtain or retain a benefit. associated uplands habitats. In Mexico, Latin America, and the Caribbean. Frequency of Collection: On occasion.
Completion Number of Number of time per Total annual Activity respondents responses response burden hours (hours)
NAWCA Small Grants—Applications ...... 71 71 40 2,840 NAWCA Small Grants—Reports ...... 99 99 33 3,267 NAWCA U.S. Standard Grants—Applications ...... 69 69 203 14,007 NAWCA Canadian and Mexican Standard Grants—Applications ...... 27 27 80 2,160 NAWCA Standard Grants—Reports ...... 177 177 30 5,310 NMBCA Grant Applications ...... 84 84 60 5,040 NMBCA Reports ...... 71 71 40 2,840
TOTALS ...... 598 598 ...... 35,464
VerDate Sep<11>2014 19:26 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63161
Estimated Annual Nonhour Burden Complex. The draft CCP and EA roosting habitat for the bald eagle Cost: None. describe our proposal for managing (Haliaeetus leucocephalus). The refuge James River NWR for the next 15 years. encompasses 4,324 acres of pine- III. Comments Alternative B is identified as the dominated hardwood and floodplain We invite comments concerning this Service-preferred alternative. Also forests, freshwater marsh and shrub information collection on: available for public review and swamp, aquatic habitats, erosional • Whether or not the collection of comment are the draft compatibility bluffs, and non-forested upland. The information is necessary, including determinations, which are included as refuge also has a rich cultural history, whether or not the information will appendix B in the draft CCP and EA. illuminated by numerous known have practical utility; DATES: To ensure consideration of your archaeological and historical sites. • The accuracy of our estimate of the written comments, please send them by Wildlife-dependent recreational burden for this collection of November 21, 2014. We will announce opportunities at James River NWR information; upcoming public meetings in local news include a 24-day deer hunt each fall, as • Ways to enhance the quality, utility, well as wildlife observation, and clarity of the information to be media, via our project mailing list, and on the refuge planning Web site: http:// photography, and environmental collected; and education and interpretive program • www.fws.gov/refuge/James_River/what_ Ways to minimize the burden of the _ opportunities by reservation. collection of information on we do/conservation.html respondents. ADDRESSES: You may submit comments Background Comments that you submit in or requests for copies or more The National Wildlife Refuge System response to this notice are a matter of information by any of the following Administration Act of 1966 (16 U.S.C. public record. We will include or methods. You may request hard copies 668dd–668ee) (Refuge Administration summarize each comment in our request or a CD–ROM of the documents. Act), as amended by the National to OMB to approve this IC. Before Email: EasternVirginiaRiversNWRC@ Wildlife Refuge System Improvement including your address, phone number, fws.gov. Please include ‘‘James River Act of 1997, requires us to develop a email address, or other personal CCP’’ in the subject line of the message. CCP for each national wildlife refuge. identifying information in your Fax: Attention: Rebekah Martin, 804– The purpose for developing a CCP is to comment, you should be aware that 333–3396. provide refuge managers with a 15-year your entire comment, including your U.S. Mail: Rebekah Martin, Deputy plan for achieving refuge purposes and personal identifying information, may Refuge Manager, U.S. Fish and Wildlife contributing toward the mission of the be made publicly available at any time. Service, P.O. Box 1030, Warsaw, VA National Wildlife Refuge System, While you can ask us in your comment 22572. consistent with sound principles of fish to withhold your personal identifying In-Person Drop-off, Viewing, or and wildlife management conservation, information from public review, we Pickup: Call Rebekah Martin at 804– legal mandates, and our policies. In cannot guarantee that we will be able to 333–1470, extension 113, or Andy addition to outlining broad management do so. Hofmann, Refuge Manager, at 804–333– direction on conserving wildlife and 1470, extension 112, during regular their habitats, CCPs identify wildlife- Dated: October 17, 2014. business hours to make an appointment Tina A. Campbell, dependent recreational opportunities to view the document. For more available to the public, including Chief, Division of Policy and Directives information on locations for viewing or Management, U.S. Fish and Wildlife Service. opportunities for hunting, fishing, obtaining documents, see ‘‘Public wildlife observation and photography, [FR Doc. 2014–25108 Filed 10–21–14; 8:45 am] Availability of Documents’’ under and environmental education and BILLING CODE 4310–55–P SUPPLEMENTARY INFORMATION. interpretation. We will review and FOR FURTHER INFORMATION CONTACT: update the CCP at least every 15 years, Rebekah Martin, Deputy Refuge DEPARTMENT OF THE INTERIOR in accordance with the Refuge Manager, 804–333–1470, extension 113 Administration Act. Fish and Wildlife Service (phone) or [email protected] Public Outreach [FWS–R5–R–2014–N172; BAC–4311–K9–S3] (email) (please put ‘‘James River NWR’’ In August 2012, we distributed a in the subject line). planning newsletter to over 550 parties James River National Wildlife Refuge, SUPPLEMENTARY INFORMATION: on our project mailing list. The Prince George County, VA; newsletter informed people about the Comprehensive Conservation Plan and Introduction planning process and asked recipients Environmental Assessment With this notice, we continue the CCP to contact us about issues or concerns AGENCY: Fish and Wildlife Service, process for James River NWR. We they would like us to address. We also Interior. published our original notice of intent posted the newsletter on our Web site ACTION: Notice of availability; request to prepare a CCP in the Federal Register for people to access electronically. In for comments. on January 11, 2012 (77 FR 1716). addition, we notified the general public The 4,324-acre James River NWR lies of our planning project, and our interest SUMMARY: We, the U.S. Fish and in the Chesapeake Bay watershed and is in hearing about issues and concerns, by Wildlife Service (Service), announce the located along the James River in Prince publishing news releases in local availability of a draft comprehensive George County, Virginia, approximately newspapers. We also held afternoon and conservation plan and environmental 8 miles southeast of the city of evening public scoping meetings on assessment (CCP and EA) for James Hopewell, and 30 miles southeast of September 12, 2012, in Prince George, River National Wildlife Refuge (NWR) Richmond, the State capital. The refuge Virginia. The purpose of the two for public review and comment. James was established under the authority of meetings was to share information on River NWR is located in Prince George the Endangered Species Act of 1973 (16 the planning process and to solicit County, Virginia, and is administered by U.S.C. 1534) in 1991, to protect management issues and concerns. staff at Eastern Virginia Rivers NWR nationally significant nesting and Throughout the process, refuge staff
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63162 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
have conducted additional outreach via photography, environmental education, Alternative C (Manage Forest Health participation in community meetings, and interpretation opportunities. With Hardwood Conversion Component; events, and other public forums. We Additional opportunities would be New and Expanded Public Use have considered and evaluated all of the available to visitors on a by-request or Opportunities) comments we received and addressed case-by-case basis. Under alternative C, we would them in various ways in the alternatives Alternative B (Manage Forest Health emphasize the management of specific presented in the draft CCP and EA. refuge habitats to support priority With Pine-Dominated Component; New, species whose habitat needs would CCP Alternatives We Are Considering Enhanced, and Focused Public Use benefit other species of conservation Several issues were raised by us, other Opportunities [Service-Preferred concern that are found in the area. We governmental partners, and the public Alternative]) during the public scoping process. To would promote the transition of 2,609 address these issues, we developed and Alternative B is the Service-preferred acres of former pine plantation toward evaluated three alternatives in the draft alternative. It combines the actions we an oak/hickory/pine forest using CCP and EA. A full description of each believe would best achieve the refuge’s selective cut forestry and best alternative is in the draft CCP and EA. purposes, vision, and goals, and management practices to facilitate this transition in a phased manner while All alternatives include measures to respond to public issues. Under still protecting select trees for bald eagle control invasive species, protect cultural alternative B, we would emphasize the use. We would protect the integrity of resources, improve inventory and management of specific refuge habitats monitoring programs, and maintain the refuge’s other habitats for native to support priority species whose species, including maintenance of up to existing partnerships for habitat habitat needs would benefit other management and visitor services. All 57 acres of non-forested upland for species of conservation concern that are wildlife habitat and administrative alternatives include measures to found in the area. We would promote continue to share staff across the Eastern purposes. the transition of 2,651 acres of former Virginia Rivers NWR Complex, require We would enhance our cultural pine plantation toward mature pine a permit for refuge access until adequate resource protection similar to new infrastructure can support savanna with understory for resident alternative B. Our visitor services increased visitation, and maintain and breeding cavity-dwelling and programs and opportunities would existing facilities. ground-nesting species, including the expand on those identified under There are other actions that differ brown-headed nuthatch, Chuck-will’s- alternative B, with modest increases in among the alternatives. The draft CCP widow, red-headed woodpecker, and our hunting, fishing, wildlife and EA provide a full description of all yellow-billed cuckoo. We would observation, and interpretation alternatives and relate each to the issues emphasize protecting and promoting programs associated with providing and concerns that arose during the bald eagle nesting habitat, as well as access and infrastructure to additional planning process. Below, we provide protecting the integrity of the refuge’s areas of the refuge. summaries for the three alternatives. other habitats for native species, Next Steps including migrating waterfowl, Alternative A (Current Management) After this comment period ends, we waterbirds, the federally endangered will analyze the comments and address This alternative is the ‘‘no-action’’ Atlantic sturgeon, and habitat suitable alternative required by the National them in the form of a final CCP and for the federally threatened sensitive finding of no significant impact. Environmental Policy Act. Alternative A joint-vetch. We would also expand our defines our current management conservation, research, monitoring, and Public Availability of Documents activities, including those planned, management partnerships to help funded, or under way, and serves as the In addition to any methods in restore and conserve the refuge. baseline against which to compare ADDRESSES, you can view or obtain We would enhance our cultural documents from the agency Web site at alternatives B and C. Under alternative _ resource protection to increase http://www.fws.gov/refuge/James River/ A, we would continue to maintain the _ _ 2,653 acres of pine-dominated forest on knowledge and appreciation for the what we do/conservation.html. the refuge, with an emphasis on refuge’s rich cultural history and Submitting Comments protecting this habitat for nesting and heritage, as well as expand our visitor We consider comments substantive if roosting bald eagles, as well as other services programs to improve they: native species that use this habitat. For opportunities for wildlife-dependent • Question, with reasonable basis, the other habitat types on the refuge, we recreation. Visitor service improvements accuracy of the information in the would continue to maintain quality would include expanding the on-refuge document. habitat for the benefit of native wildlife opportunities for wildlife observation, • Question, with reasonable basis, the species by limiting disturbance, photography, environmental education, adequacy of the EA. conducting wildlife surveys, monitoring and interpretation of natural and • Present reasonable alternatives invasive species presence, cultural resources in partnership with other than those presented in the EA. • implementing best management others. We would pursue Service Provide new or additional practices, and collaborating with administrative requirements to expand information relevant to the EA. partners for wildlife habitat protection public deer hunting, open the refuge to and population monitoring. Public Availability of Comments Additionally, we would continue to spring and fall turkey hunting, open the Before including your address, phone accommodate public archery, refuge to limited waterfowl hunting by number, email address, or other muzzleloader, and shotgun deer hunting youth, promote youth involvement in personal identifying information in your opportunities in the fall. We would all hunting opportunities, and open the comments, you should be aware that continue to encourage visitors to refuge to fishing at two designated your entire comment—including your participate in refuge- or partner- locations. personal identifying information—may sponsored wildlife observation, be made publicly available at any time.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63163
While you can ask us in your comment on August 23, 2013, based on a to U.S. Patent No. 7,938,116 (March 11, to withhold your personal identifying complaint filed by ResMed Corporation 2014). information from public review, we of San Diego, California; ResMed On March 18, 2014, the ALJ granted cannot guarantee that we will be able to Incorporated of San Diego, California; a motion by ResMed to terminate the do so. and ResMed Limited of New South investigation as to claims 26–28 of the ’487 Patent. See Order No. 20 (Mar 18, Dated: September 23, 2014. Wales, Australia (collectively, 2012). The Commission determined not Deborah Rocque, ‘‘ResMed’’). 78 FR 52564 (Aug. 23, 2013). The complaint alleged violations to review the ID. See Notice of Acting Regional Director, Northeast Region. of section 337 of the Tariff Act of 1930 Commission Determination Not to [FR Doc. 2014–25098 Filed 10–21–14; 8:45 am] (19 U.S.C. 1337) in the importation into Review an Initial Determination BILLING CODE 4310–55–P the United States, the sale for Granting Complainants’ Unopposed importation, and the sale within the Motion for Partial Termination of the United States after importation of Investigation by Withdrawal of Claims INTERNATIONAL TRADE certain sleep-disordered breathing 26–28 of U.S. Patent No. 7,926,487 (Apr. COMMISSION treatment systems and components 29, 2014). On August 21, 2014, the ALJ issued [Investigation No. 337–TA–890] thereof that infringe one or more of claims 32–37, 53, 79, 80, and 88 of U.S. his final ID, finding a violation of Certain Sleep-Disordered Breathing Patent No. 7,997,267 (‘‘the ’267 patent’’); section 337 by Respondents with Treatment Systems and Components claims 1–7 of U.S. Patent No. 7,614,398 respect to certain asserted claims of the Thereof; Commission Determination (‘‘the ’398 patent’’); claim 1 of U.S. ’392, ’267, ’060, ’883, ’527, and ’453 To Review In Part a Final Initial Patent No. 7,938,116 (‘‘the ’116 patent’’); patents. The ALJ found no violation of Determination Finding a Violation of claims 30, 37, and 38 of U.S. Patent No. section 337 with respect to the asserted Section 337; Schedule for Filing 7,341,060 (the ’060 patent); claims 1, 3, claims of the ’487 patent. Specifically, Written Submissions on the Issues 5, 11, 28, 30, 31, and 56 of U.S. Patent the ALJ found that the Commission has Under Review and on Remedy, the No. 8,312,883 (‘‘the ’883 patent’’); subject matter jurisdiction, in rem Public Interest and Bonding claims 1, 3, 6, 7, 9, 29, 32, 35, 40, 42, jurisdiction over the accused products, 45, 50, 51, 56, 59, 89, 92, 94, and 96 of and in personam jurisdiction over the AGENCY: U.S. International Trade U.S. Patent No. 7,178,527 (the ’527 respondents. ID at 10–11. The parties Commission. patent); claims 19–24, 26, 29–36, and stipulated to importation of the accused ACTION: Notice. 39–41 of U.S. Patent No. 7,950,392 (the products and the ALJ found that the ’392 patent); and claims 13, 15, 16, 26– importation requirement of section 337 SUMMARY (19 U.S.C. 1337(a)(1)(B)) has been : Notice is hereby given that 28, 51, 52, and 55 of U.S. Patent No satisfied. Id. at 3. The ALJ found that the the U.S. International Trade 7,926,487 (‘‘the ’487 patent’’). The accused products infringe asserted Commission has determined to review notice of investigation named the claims 1, 9, 32, 89, and 92 of the ’527 in part the final initial determination following respondents: BMC Medical patent; asserted claims 19, 21, 29, 32, (‘‘ID’’) issued by the presiding Co., Ltd. of Beijing, China; 3B Medical, and 36 of the ’392 patent; asserted administrative law judge (‘‘ALJ’’) on Inc. of Lake Wales, Florida; and 3B claims 32–34 and 53 of the ’267 patent; August 21, 2014, finding a violation of Products, L.L.C., of Lake Wales, Florida asserted claims 30, 37, and 38 of the section 337 of the Tariff Act of 1930, as (collectively ‘‘Respondents’’). The Office ’060 patent; asserted claims 1, 3, 5, 11, amended (19 U.S.C. 1337), in this of Unfair Import Investigations (‘‘OUII’’) investigation. 28, 30, 31, and 56 of the ’883 patent; and is participating in the investigation. asserted claim 2 of the ’453 patent. See FOR FURTHER INFORMATION CONTACT: On January 9, 2014, the ALJ issued an ID at 23, 46, 57–58, 71–78, 95, 99, and Panyin A. Hughes, Office of the General ID granting a motion by ResMed to 102. The ALJ found that Respondents Counsel, U.S. International Trade amend the complaint and notice of failed to establish by clear and Commission, 500 E Street SW., investigation to substitute U.S. Patent convincing evidence that the asserted Washington, DC 20436, telephone (202) No. RE 44,453 (‘‘the ’453 patent’’) for the claims of the ’392, ’267, ’060, ’883, ’527, 205–3042. Copies of non-confidential ’398 patent and to terminate the or claim 2 of the ’453 patents were documents filed in connection with this investigation as to the ’398 patent. See invalid in light of the cited prior art investigation are or will be available for Order No. 7 (Jan. 9, 2014). The references. See id. at 25–45, 48–55, 96, inspection during official business Commission determined not to review and 100. The ALJ concluded that the hours (8:45 a.m. to 5:15 p.m.) in the the ID. See Notice of Commission accused products satisfy each limitation Office of the Secretary, U.S. Determination Not to Review an Initial of claims 4 and 7 of the ’453 patent but International Trade Commission, 500 E Determination Granting the found those claims invalid in view of Street SW., Washington, DC 20436, Complainants’ Motion to Amend the the prior art. See id. at 103–139. The telephone (202) 205–2000. General Complaint and Notice of Investigation ALJ also found that the accused information concerning the Commission (Feb. 10, 2014); 79 FR 9000–01 (Feb. 14, products satisfy each limitation of may also be obtained by accessing its 2014). asserted claims 13, 51, 52, and 55 of the Internet server at http://www.usitc.gov. On February 24, 2014, the ALJ issued ’487 patent, but found those claims The public record for this investigation an ID granting a motion by ResMed to invalid in view of the prior art. See id. may be viewed on the Commission’s withdraw its allegations with respect to at 78–92. The ALJ further found that electronic docket (EDIS) at http:// the ’116 patent. See Order No. 11 (Feb. ResMed established the existence of a edis.usitc.gov. Hearing-impaired 24, 2014). The Commission determined domestic industry that practices the persons are advised that information on not to review the ID. See Notice of asserted patents under 19 U.S.C. this matter can be obtained by Commission Determination Not to 1337(a)(2). See ID at 139–188. contacting the Commission’s TDD Review an Initial Determination On September 3, 2014, Respondents terminal on (202) 205–1810. Granting the Complainants’ Motion to and the Commission investigative SUPPLEMENTARY INFORMATION: The Partially Terminate the Investigation by attorney filed petitions for review of the Commission instituted this investigation Withdrawing Allegations with Respect ID. That same day, ResMed filed a
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63164 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
contingent petition for review of the ID. subject articles from entry into the and the IA are also requested to submit On September 11, 2014, the parties filed United States, and/or (2) issue one or proposed remedial orders for the responses to the various petitions and more cease and desist orders that could Commission’s consideration and to contingent petition for review. result in the Respondents being required provide identification information for Having examined the record of this to cease and desist from engaging in all importers of the subject articles. investigation, including the ALJ’s final unfair acts in the importation and sale Complainants are also requested to state ID, the petitions for review, and the of such articles. Accordingly, the the date that the patents expire and the responses thereto, the Commission has Commission is interested in receiving HTSUS numbers under which the determined to review the final ID in written submissions that address the accused products are imported. The part. Specifically, with respect to the form of remedy, if any, that should be written submissions and proposed ordered. If a party seeks exclusion of an ’487 patent, the Commission has remedial orders must be filed no later article from entry into the United States determined to review the ALJ’s than close of business on October 31, for purposes other than entry for construction of the claim term ‘‘gas 2014. Reply submissions must be filed consumption, the party should so washout vent’’ and construe the no later than the close of business on limitation to mean ‘‘a vent comprising a indicate and provide information November 7, 2014. Such submissions thin air permeable membrane extending establishing that activities involving should address the ALJ’s recommended across an opening for exhausting gas to other types of entry either are adversely determinations on remedy and bonding. the atmosphere.’’ As a result of the new affecting it or likely to do so. For claim construction, the Commission has background, see Certain Devices for No further submissions on any of these determined to review the ALJ’s findings Connecting Computers via Telephone issues will be permitted unless on infringement, invalidity, and the Lines, Inv. No. 337–TA–360, USITC otherwise ordered by the Commission. technical prong of the domestic industry Pub. No. 2843 (December 1994) Persons filing written submissions requirement. Regarding the ’453 patent, (Commission Opinion). must file the original document the Commission has determined to If the Commission contemplates some electronically on or before the deadlines review (1) the ALJ’s construction of the form of remedy, it must consider the stated above and submit eight true paper claim limitation ‘‘a retaining mechanism effects of that remedy upon the public copies to the Office of the Secretary by configured to secure the connecting interest. The factors the Commission noon the next day pursuant to section will consider include the effect that an structure to the CPAP apparatus’’ and 210.4(f) of the Commission’s Rules of exclusion order and/or cease and desist strike the ID’s requirement that the Practice and Procedure (19 CFR orders would have on (1) the public claimed ‘‘retaining mechanism’’ must 210.4(f)). Submissions should refer to include an arrangement of moving parts; health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. the investigation number (‘‘Inv. No. (2) the ALJ’s finding that the prior art 337–TA–890’’) in a prominent place on REMstar device does not anticipate the production of articles that are like or directly competitive with those that are the cover page and/or the first page. (See asserted claims of the ’453 patent; and Handbook for Electronic Filing (3) the ALJ’s findings on infringement subject to investigation, and (4) U.S. consumers. The Commission is Procedures, http://www.usitc.gov/ and the technical prong of the domestic secretary/fed_reg_notices/rules/ industry requirement. The Commission therefore interested in receiving written submissions that address the handbook_on_electronic_filing.pdf). has also determined to review the ID’s Persons with questions regarding filing findings and conclusions regarding the aforementioned public interest factors in the context of this investigation. should contact the Secretary (202–205– economic prong of the domestic If the Commission orders some form 2000). industry requirement under 19 U.S.C. of remedy, the U.S. Trade Any person desiring to submit a 1337(a)(3)(C). Representative, as delegated by the The parties are requested to brief their document to the Commission in President, has 60 days to approve or confidence must request confidential positions on the issues under review disapprove the Commission’s action. treatment. All such requests should be with reference to the applicable law and See Presidential Memorandum of July directed to the Secretary to the the evidentiary record. In connection 21, 2005. 70 FR 43251 (July 26, 2005). with its review, the Commission is During this period, the subject articles Commission and must include a full particularly interested in responses to would be entitled to enter the United statement of the reasons why the the following: States under bond, in an amount Commission should grant such The Commission has determined to revise determined by the Commission and treatment. See 19 CFR 201.6. Documents the ALJ’s construction of the claim limitation prescribed by the Secretary of the for which confidential treatment by the ‘‘a retaining mechanism’’ recited in the Treasury. The Commission is therefore Commission is properly sought will be asserted claims of the ’453 patent and strike interested in receiving submissions treated accordingly. A redacted non- the requirement that it requires an concerning the amount of the bond that confidential version of the document arrangement of moving parts. That is, the must also be filed simultaneously with claim limitation ‘‘a retaining mechanism should be imposed if a remedy is configured to secure the connecting structure ordered. the any confidential filing. All non- to the CPAP apparatus’’ is construed to mean Written Submissions: The parties to confidential written submissions will be ‘‘one or more parts for holding in place the the investigation are requested to file available for public inspection at the CPAP apparatus that is configured to attach written submissions on the issues Office of the Secretary and on EDIS. the connecting structure to the CPAP identified in this notice. Parties to the The authority for the Commission’s apparatus.’’ See ID at 124. Please discuss investigation, interested government determination is contained in section whether the REMstar device anticipates the agencies, and any other interested 337 of the Tariff Act of 1930, as asserted claims under the revised parties are encouraged to file written amended (19 U.S.C. 1337), and in Part construction. submissions on the issues of remedy, 210 of the Commission’s Rules of In connection with the final the public interest, and bonding. Such disposition of this investigation, the submissions should address the Practice and Procedure (19 CFR Part Commission may (1) issue an order that recommended determination by the ALJ 210). could result in the exclusion of the on remedy and bonding. Complainants By order of the Commission.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63165
Issued: October 16, 2014. of section 337 of the Tariff Act of 1930, pursuant to Commission Rule Lisa R. Barton, as amended, 19 U.S.C. 1337 (‘‘section 210.16(c)(2). Secretary to the Commission. 337’’), in the importation into the In connection with the final [FR Doc. 2014–25059 Filed 10–21–14; 8:45 am] United States, the sale for importation, disposition of this investigation, the Commission may: (1) issue an order that BILLING CODE 7020–02–P and the sale within the United States after importation of certain archery could result in the exclusion of articles products and related marketing manufactured or imported by the INTERNATIONAL TRADE materials by reason of infringement of defaulting respondent; and/or (2) issue COMMISSION certain claims of U.S. Patent No. a cease and desist order that could RE38,096; U.S. Patent No. 6,978,775; result in the defaulting respondent [Investigation No. 337–TA–919] U.S. Patent No. 7,226,375; U.S. being required to cease and desist from engaging in unfair acts in the Certain Archery Products and Related Trademark Registration No. 2,501,255; and U.S. Trademark Registration No. importation and sale of such articles. Marketing Materials; Commission 3,312,392. Id. The complaint further Accordingly, the Commission is Determination Not To Review an Initial alleges the existence of a domestic interested in receiving written Determination Finding Respondent industry. Id. The Commission’s notice submissions that address the form of Ningbo Topoint Outdoor Sports Co., of investigation named Ningbo as the remedy, if any, that should be ordered. Ltd., To Be in Default; Request for respondent, and indicated that the If a party seeks exclusion of an article Written Submissions on Remedy, the Office of Unfair Import Investigations is from entry into the United States for Public Interest, and Bonding participating in this investigation. Id. purposes other than entry for AGENCY: U.S. International Trade On June 11, 2014, the Commission consumption, the party should so Commission. attempted to serve Ningbo with the indicate and provide information complaint and notice of investigation, establishing that activities involving ACTION: Notice. but the notice was returned as other types of entry either are adversely SUMMARY: Notice is hereby given that undeliverable mail on July 23, 2014. On affecting it or likely to do so. For the U.S. International Trade July 24, 2014, Complainants sought background, see Certain Devices for Commission has determined not to leave to attempt to effect personal Connecting Computers via Telephone review an initial determination (‘‘ID’’) service on Ningbo, and the leave was Lines, Inv. No. 337–TA–360, USITC (Order No. 11) issued by the presiding granted on July 30, 2014. On July 31, Pub. No. 2843, Comm’n Op. at 7–10 administrative law judge (‘‘ALJ’’) on 2014, Complainants filed proof that they (December 1994). September 16, 2014, finding the sole had served Ningbo with the complaint If the Commission contemplates some respondent, Ningbo Topoint Outdoor and notice of investigation. form of remedy, it must consider the Sports Co., Ltd. (‘‘Ningbo’’), to be in On August 19, 2014, Complainants effects of that remedy upon the public default. Accordingly, the Commission moved for an order directing Ningbo to interest. The factors that the requests written submissions, under the show cause why it should not be found Commission will consider include the schedule set forth below, on remedy, in default for its failure to respond to effect that the exclusion order and/or public interest, and bonding. the complaint and notice of cease and desists orders would have on investigation, and, upon failure to show (1) the public health and welfare, (2) FOR FURTHER INFORMATION CONTACT: cause, for the issuance of an initial competitive conditions in the U.S. Robert Needham, Office of the General determination finding Ningbo in economy, (3) U.S. production of articles Counsel, U.S. International Trade default. On August 20, 2014, that are like or directly competitive with Commission, 500 E Street SW., Complainants filed a letter indicating those that are subject to investigation, Washington, DC 20436, telephone (202) that they did not seek a general and (4) U.S. consumers. The 708–5468. Copies of non-confidential exclusion order in the event of a default. Commission is therefore interested in documents filed in connection with this On August 21, 2014, the Commission receiving written submissions that investigation are or will be available for Investigative Attorney (‘‘IA’’) filed a address the aforementioned public inspection during official business response supporting Complainants’ interest factors in the context of this hours (8:45 a.m. to 5:15 p.m.) in the motion. investigation. Office of the Secretary, U.S. On September 2, 2014, the ALJ If the Commission orders some form International Trade Commission, 500 E granted the motion and ordered Ningbo of remedy, the U.S. Trade Street SW., Washington, DC 20436, to show cause why it should not be Representative, as delegated by the telephone (202) 205–2000. General found in default. See Order No. 10. No President, has 60 days to approve or information concerning the Commission response to Order No. 10 was filed. disapprove the Commission’s action. may also be obtained by accessing its On September 16, 2014, the ALJ See Presidential Memorandum of July Internet server (http://www.usitc.gov). issued the subject ID finding Ningbo in 21, 2005, 70 FR 43251 (July 26, 2005). The public record for this investigation default under Commission Rule During this period, the subject articles may be viewed on the Commission’s 210.16(a)(1). See Order No. 11. No would be entitled to enter the United electronic docket (EDIS) at http:// petitions for review of the ID were filed. States under bond, in an amount edis.usitc.gov. Hearing-impaired The Commission has determined not to determined by the Commission and persons are advised that information on review the subject ID. prescribed by the Secretary of the this matter can be obtained by Ningbo is the sole respondent in this Treasury. The Commission is therefore contacting the Commission’s TDD investigation. Section 337(g)(1) and interested in receiving submissions terminal on (202) 205–1810. Commission Rule 210.16(c) authorize concerning the amount of the bond that SUPPLEMENTARY INFORMATION: The the Commission to order relief against a should be imposed if a remedy is Commission instituted this investigation respondent found in default, unless, ordered. on June 16, 2014, based on a complaint after considering the public interest, it Written Submissions: Parties to the filed by Bear Archery, Inc. and SOP finds that such relief should not issue. investigation, interested government Services, Inc. (‘‘Complainants’’). 79 FR Complainants indicated that they were agencies, and any other interested 34356. The complaint alleges violations not seeking a general exclusion order parties are encouraged to file written
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63166 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
submissions on the issues of remedy, Issued: October 16, 2014. (3) Enhance the quality, utility, and the public interest, and bonding. Lisa R. Barton, clarity of the information to be Complainants and the IA are requested Secretary to the Commission. collected; and to submit proposed remedial orders for [FR Doc. 2014–25051 Filed 10–21–14; 8:45 am] (4) Minimize the burden of the collection of information on those who the Commission’s consideration. BILLING CODE 7020–02–P Complainants are also requested to state are to respond, including through the the HTSUS numbers under which the use of appropriate automated, accused products are imported, and to electronic, mechanical, or other DEPARTMENT OF JUSTICE technological collection techniques or state the dates that the patents expire. [OMB Number 1190–0018] other forms of information technology Written submissions and proposed (e.g., permitting electronic submission remedial orders must be filed no later Agency Information Collection of responses). than the close of business on October Activities; Proposed eCollection The information collection is listed 30, 2014. Reply submissions must be eComments Requested; Extension of a below: filed no later than the close of business Currently Approved Collection (1) Type of information collection: on November 6, 2014. No further Extension of Currently Approved submissions on these issues will be AGENCY: Civil Rights Division, Collection. permitted unless otherwise ordered by Department of Justice. (2) The title of the form/collection: the Commission. ACTION: 30-day Notice. Office of Special Counsel for Immigration-Related Unfair Persons filing written submissions SUMMARY: The Department of Justice, Employment Practices Charge Form must file the original document Civil Rights Division, Office of Special [OSC Charge Form]. electronically on or before the deadline Counsel for Immigration-Related Unfair (3) The agency form number and stated above and submit eight true paper Employment Practices, will be applicable component of the copies to the Office of the Secretary submitting the following information Department sponsoring the collection. pursuant to section 210.4(f) of the collection request to the Office of Form OSC–1. Office of Special Counsel Commission’s Rules of Practice and Management and Budget for review and for Immigration-Related Unfair Procedure (19 CFR 210.4(f)). approval in accordance with the Employment Practices, Civil Rights Submissions should refer to the Paperwork Reduction Act of 1995. This Division, U.S. Department of Justice. investigation number (‘‘Inv. No. 337– proposed information collection was (4) Affected public who will be asked TA–919’’) in a prominent place on the previously published in the Federal to respond, as well as a brief abstract: Primary: The Office of Special Counsel cover page and/or the first page. (See Register, Volume 79, Number 159, page for Immigration-Related Unfair Handbook for Electronic Filing 48765, on August 18, 2014, allowing for a 60-day comment period. Employment Practices (OSC) enforces Procedures, http://www.usitc.gov/ the anti-discrimination provision secretary/fed_reg_notices/rules/ DATES: The purpose of this notice is to _ _ _ (§ 274B) of the Immigration and handbook on electronic filing.pdf). allow for an additional 30 days for Nationality Act (INA), 8 U.S.C. 1324b. Persons with questions regarding filing public comment until November 21, Individuals alleging discrimination by should contact the Secretary (202–205– 2014. public and private entities based on (1) 2000). FOR FURTHER INFORMATION CONTACT: citizenship or immigration status Any person desiring to submit a To ensure that comments on the discrimination in hiring, firing, or document to the Commission in information collection are received, recruitment or referral for a fee, (2) confidence must request confidential OMB recommends that written national origin discrimination in hiring, treatment. All such requests should be comments be faxed to the Office of firing, or recruitment or referral for a directed to the Secretary to the Information and Regulatory Affairs, fee, (3) unfair documentary practices OMB, Attn: DOJ Desk Officer, Fax: 202 during the employment eligibility Commission and must include a full _ statement of the reasons why the 395–5806, or emailed to oira verification (Form I–9 and E-Verify) Commission should grant such [email protected]. All process, and (4) retaliation or comments should be identified with the intimidation for asserting rights covered treatment. See 19 CFR 201.6. Documents OMB control number [1190–0018]. Also by the statute. The Department’s Civil for which confidential treatment by the include the DOJ docket number found Rights Division, Office of Special Commission is properly sought will be in brackets in the heading of this Counsel for Immigration-Related Unfair treated accordingly. A redacted document. Employment Practices (OSC), nonconfidential version of the Written comments and/or suggestions investigates and, where reasonable document must also be filed are requested from the public and cause is found, litigates charges alleging simultaneously with any confidential affected agencies concerning the discrimination. OSC also initiates filing. All nonconfidential written proposed collection of information. independent investigations, at times submissions will be available for public Your comments should address one or based on information developed during inspection at the Office of the Secretary more of the following four points: individual charge investigations. and on EDIS. (1) Evaluate whether the collection of Independent investigations normally The authority for the Commission’s information is necessary for the proper involve alleged discriminatory policies determination is contained in section performance of the function of the that potentially affect many employees 337 of the Tariff Act of 1930, as agency, including whether the or applicants. These investigations may amended (19 U.S.C. 1337), and in Part information will have practical utility; result in complaints alleging a pattern or 210 of the Commission’s Rules of (2) Evaluate the accuracy of the practice of discriminatory activity. If the Practice and Procedure (19 CFR part agency’s estimate of the burden of the Department lacks jurisdiction over a 210). collection of information, including the particular charge but believes another validity of the methodology and agency has jurisdiction over the claim, By order of the Commission. assumptions used; the charge is forwarded to the
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63167
applicable Federal, state or local agency Natural Resources Division, and should each valued at $200,000 for a total of for any action deemed appropriate. refer to United States v. ATP Oil & Gas $400,000. (5) An estimate of the total number of Corp. et al. (Civil Action No. 2:13-cv- The publication of this notice opens respondents and the amount of time 0262), D.J. Ref. No. 90–5–1–1–10681/1. a period for public comment on the estimated for an average respondent to All comments must be submitted no proposed consent decree. Comments respond: 300 respondents per year at 30 later than thirty (30) days after the should be addressed to the Assistant minutes per charge form. publication date of this notice. Attorney General, Environment and (6) An estimate of the total public Comments may be submitted either by Natural Resources Division, and should burden (in hours) associated with the email or by mail: refer to United States v. Metal Dynamics collection: 150 hours annual burden Detroit, LLC, D.J. Ref. No. 90–5–2–1– hours associated with this collection. To submit Send them to: 10192. All comments must be submitted If additional information is required comments: no later than thirty (30) days after the contact: Jerri Murray, Department publication date of this notice. Clearance Officer, United States By email ... pubcomment-ees.enrd@ usdoj.gov. Comments may be submitted either by Department of Justice, Policy and By mail ..... Assistant Attorney General, U.S. email or by mail: Planning Staff, Justice Management DOJ—ENRD, P.O. Box 7611, Division, Two Constitution Square, 145 Washington, DC 20044–7611. To submit Send them to: N Street NE., Room 3E.405B, comments: Washington, DC 20530. During the public comment period, By email ... pubcomment-ees.enrd@ Dated: October 16, 2014. the proposed Consent Decree may be usdoj.gov. Jerri Murray, examined and downloaded at this By mail ..... Assistant Attorney General, U.S. Justice Department Web site: http:// DOJ—ENRD, P.O. Box 7611, Department Clearance Officer, PRA, United _ States Department of Justice. www.usdoj.gov/enrd/Consent Washington, DC 20044–7611. Decrees.html. We will provide a paper [FR Doc. 2014–25027 Filed 10–21–14; 8:45 am] copy of the proposed Consent Decree During the public comment period, BILLING CODE 4410–13–P upon written request and payment of the proposed consent decree may be reproduction costs. Please mail your examined and downloaded at this DEPARTMENT OF JUSTICE request and payment to: Consent Decree Justice Department Web site: http:// Library, U.S. DOJ—ENRD, P.O. Box www.usdoj.gov/enrd/Consent_ Notice of Lodging of Proposed 7611, Washington, DC 20044–7611. Decrees.html. We will provide a paper Consent Decree Under the Clean Water Please enclose a check or money order copy of the proposed consent decree Act for $7.00 (25 cents per page upon written request and payment of reproduction cost) payable to the United reproduction costs. Please mail your Notice is hereby given that, for a States Treasury. request and payment to: Consent Decree period of 30 days, the United States will Thomas Carroll, Library, U.S. DOJ—ENRD, P.O. Box receive public comments on a proposed 7611, Washington, DC 20044–7611. Partial Consent Decree in United States Assistant Section Chief, Environmental Enforcement Section, Environment and Please enclose a check or money order v. ATP Oil & Gas Corp. et al. (Civil for $8.75 (25 cents per page Action No. 2:13-cv-0262), which was Natural Resources Division. [FR Doc. 2014–25092 Filed 10–21–14; 8:45 am] reproduction cost) payable to the United lodged with the United States District States Treasury. Court for the Eastern District of BILLING CODE 4410–15–P Louisiana on October 16, 2014. Maureen Katz, The Complaint in this Clean Water Assistant Section Chief, Environmental Act case was filed against ATP Oil & DEPARTMENT OF JUSTICE Enforcement Section, Environment and Natural Resources Division. Gas Corporation (‘‘ATP’’) and ATP Notice Lodging of Proposed Consent [FR Doc. 2014–25091 Filed 10–21–14; 8:45 am] Infrastructure Partners, LP (‘‘ATP–IP’’) Decree Under the Clean Air Act in February 2013. The Complaint seeks BILLING CODE 4410–CW–P civil penalties and injunctive relief On October 16, 2014, the Department under the Clean Water Act and the of Justice lodged a proposed consent Outer Continental Shelf Lands Act decree with the United States District DEPARTMENT OF JUSTICE (‘‘OCSLA’’) related to unauthorized Court for the Eastern District of Antitrust Division discharges of oil and chemicals from an Michigan in the lawsuit entitled United oil platform, the ATP Innovator, into the States v. Metal Dynamics Detroit, LLC, Notice Pursuant to the National Gulf of Mexico. The Partial Consent Civil Action No. 14–13993. Cooperative Research and Production Decree addresses the CWA and OCSLA The United States filed this lawsuit Act of 1993; Telemanagement Forum claims against ATP–IP. Under the under the Clean Air Act. The United settlement, ATP–IP will pay a $1 States’ complaint seeks injunctive relief Notice is hereby given that, on million civil penalty for violation of the and civil penalties for violations of the September 16, 2014, pursuant to Section Clean Water Act and perform corrective regulations that govern the handling and 6(a) of the National Cooperative measures to resolve the claims against disposal of refrigerant containing Research and Production Act of 1993, it. The claims against ATP are not part appliances as well as violations of 15 U.S.C. 4301 et seq. (‘‘the Act’’), of this settlement with ATP–IP and opacity limits at defendant’s scrap metal Telemanagement Forum (‘‘The Forum’’) remain pending before the district court and iron recycling facility in Detroit, has filed written notifications for future resolution. Michigan. The consent decree requires simultaneously with the Attorney The publication of this notice opens the defendant to perform injunctive General and the Federal Trade a period for public comment on the relief and pay a civil penalty of Commission disclosing changes in its proposed Consent Decree. Comments $110,000. The consent decree also membership. The notifications were should be addressed to the Assistant requires that defendant perform two filed for the purpose of extending the Attorney General, Environment and supplemental environmental projects, Act’s provisions limiting the recovery of
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63168 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
antitrust plaintiffs to actual damages Maldives Private Limited to Ooredoo Register pursuant to Section 6(b) of the under specified circumstances. Maldives Pvt. Ltd., Hulhumale, Act on May 16, 2014 (79 FR 28554). Specifically, the following parties have MALDIVES; Oss Wave to DigitalWave, been added as members to this venture: Gatineau, CANADA; HughesTelematics, Patricia A. Brink, NetYCE, Amsterdam, THE Inc. to Verizon Telematics, Inc., Atlanta, Director of Civil Enforcement, Antitrust NETHERLANDS; Intense Technologies GA; Cricket Communications to Cricket Division. Limited, Secunderabad, INDIA; Wireless, San Diego, CA; ParStream, inc. [FR Doc. 2014–25136 Filed 10–21–14; 8:45 am] Enhancesys Innovations LLC, to ParStream, Redwood City, CA; BILLING CODE P Cupertino, CA; Limtel Sp. z o.o., CenterNODE Limited to Bobbil, Cork, Olsztyn, POLAND; Vodafone India IRELAND; and Aria Systems, Inc. to Limited, Mumbai, INDIA; SLA Mobile, Aria Systems Ltd., Reading, UNITED DEPARTMENT OF JUSTICE Belfast, UNITED KINGDOM; Vasona KINGDOM. Networks, Inc., Santa Clara, CA; Antitrust Division The following members have Liberated Cloud Limited, Frome, UK; Intel Corporation, Santa Clara, CA; withdrawn as parties to this venture: Notice Pursuant to the National Basset AB, Sundysberg, SWEDEN; Engineering IT, Pont St. Martin, ITALY; Cooperative Research and Production Unscrambl LLC, Atlanta, GA; Zain KSA, Applied Communication Sciences, Act of 1993—Advanced Media Riyadh, SAUDI ARABIA; Fiberblaze, Basking Ridge, NJ; Intelli Solutions SA, Workflow Association, Inc. New York, NY; BINARY OSS, Santiago, Athens, GREECE; Synopsis S.A., Lima, CHILE; PT Affia Andal Jasa PERU; EE, Hertfordshire, UNITED Notice is hereby given that, on Bismatamma (RSM AAJ ASSOCIATES), KINGDOM; Romtelecom SA, Bucharest, September 24, 2014, pursuant to Section Jakarta, INDONESIA; Ni2, Montreal, ROMANIA; Moseco Group, Amman, 6(a) of the National Cooperative CANADA; Archimu, Heverlee, JORDAN; Tele Greenland, Nuuk, Research and Production Act of 1993, BELGIUM; Nextel del Peru´ SA, Lima, GREENLAND; Booz & Company NA 15 U.S.C. 4301 et seq. (‘‘the Act’’), PERU; GFI INFORMATIQUE, Saint- Inc., New York, NY; Wisdom Networks Advanced Media Workflow Association, Ouen, FRANCE; CORRELOR Co., Ltd., Tokyo, JAPAN; UnboundID Inc. has filed written notifications TECHNOLOGIES PTE. LTD., Singapore, Corp., Austin, TX; Computer Sciences simultaneously with the Attorney SINGAPORE; Bharat Broadband Corporation, Wiesbaden, GERMANY; General and the Federal Trade Network Limited, New Delhi, INDIA; Telecom Personal Argentina, Ciudad Commission disclosing changes in its Chongqing University of Posts & Auto´noma de Buenos Aires, membership. The notifications were Telecommunications, Chongqing, ARGENTINA; ACG Research, Gilbert, filed for the purpose of extending the PEOPLE’S REPUBLIC OF CHINA; Jisc AZ; Tellabs Operations, Inc., Naperville, Act’s provisions limiting the recovery of Collections and Janet Limited, Didcot, IL; Vector Communications Ltd., antitrust plaintiffs to actual damages UNITED KINGDOM; Ebizu Sdn. Bhd., Auckland, NEW ZEALAND; Defence under specified circumstances. Kuala Lumpur, MALAYSIA; Tracfone Science and Technology Organisation, Specifically, Canon U.S.A., Inc., Wireless, Inc., Medley, FL; Skytree, San Edinburgh, AUSTRALIA; OGIS Melville, NY; Vizrt, Kista, SWEDEN; < International, Inc., San Mateo, CA; Jose, CA; Telenor Denmark, K benhavn, and John Fleming (individual member), DENMARK; Thibera Consulting GmbH, HGTelekom, Reillanne, FRANCE; Ascot Vale, AUSTRALIA, have been Ingbert, GERMANY; Optulink Inc., Renoir Consulting, Oxford, UNITED added as parties to this venture. Naperville, IL; Vitria Technology, Inc., KINGDOM; Latin America Business Sunnyvale, CA; Moller & Company, Consulting Mexico, S.A. de C.V., Estado Also, EMC Isilon, Seattle, WA; Copenhagen, DENMARK; TBSP de Me´xico, MEXICO; IPSCAPE LTD, Encompass, Stamford, CT; The Weather Engineering S.A., Athens, GREECE; M- Warwickshire, UNITED KINGDOM; Company, Atlanta, GA; Jone Lee net Telekommunikations GmbH, Sitronics Telecom Solutions Co. (Pvt.) (individual member), Suwon, Mu¨ nchen Bayern, GERMANY; Smart Ltd., Punjab, PAKISTAN; VIVA Bahrain, REPUBLIC OF SOUTH KOREA; and Information Systems Gmbh, Vienna, Manama, BAHRIAN; ConceptWave Andreas Georg Stasheit (individual AUSTRIA; BVG IT Services bvba, Software, Ontario, CANADA; and member), Dortmund, GERMANY, have Mechelen, BELGIUM; Maxis Broadband Advanced Roaming & Clearing House withdrawn as parties to this venture. No Sdn Bhd, Kuala Lumpur, MALAYSIA; (ARCH), Guangdong, PEOPLE’S other changes have been made in either Semanticore Systems, Roodepoort, REPUBLIC OF CHINA. the membership or planned activity of SOUTH AFRICA; uFONE, Islamabad, No other changes have been made in the group research project. Membership PAKISTAN; Jawwal, Ramallah, either the membership or planned in this group research project remains PALESTINE; edotco Group Sdn Bhd, activity of the group research project. open, and Advanced Media Workflow Kuala Lumpur, MALAYSIA; Two Membership in this group research Association, Inc. intends to file Degrees Mobile Ltd., Auckland, NEW project remains open, and The Forum additional written notifications ZEALAND; and Korea Telecom, intends to file additional written disclosing all changes in membership. Seongnam City, REPUBLIC OF KOREA. notifications disclosing all changes in On March 28, 2000, Advanced Media The following members have changed membership. their names: Telekomunikacja Polska Workflow Association, Inc. filed its SA to Orange Polska, Warszawa, On October 21, 1988, Forum filed its original notification pursuant to Section POLAND; Martin Dawes Systems Ltd. original notification pursuant to Section 6(a) of the Act. The Department of (MDS) to MDS, Warrington, UNITED 6(a) of the Act. The Department of Justice published a notice in the Federal KINGDOM; TIERONE OSS Technologies Justice published a notice in the Federal Register pursuant to Section 6(b) of the USA, Inc. to TIERONE, Inc., Reston, VA; Register pursuant to Section 6(b) of the Act on June 29, 2000 (65 FR 40127). Act on December 8, 1988 (53 FR 49615). Ooredoo (Former Qtel International) to The last notification was filed with Ooredoo Q.S.C., Doha, QATAR; JDSU The last notification was filed with the Department on June 25, 2014. A Test & Measurement to JDSU, Eningen, the Department on April 23, 2014. A notice was published in the Federal GERMANY; Wataniya Telecom notice was published in the Federal
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63169
Register pursuant to Section 6(b) of the DEPARTMENT OF LABOR toll-free numbers) or sending an email Act on July 23, 2014 (79 FR 42816). to [email protected]. Office of the Secretary Patricia A. Brink, Authority: 44 U.S.C. 3507(a)(1)(D). SUPPLEMENTARY INFORMATION: Director of Civil Enforcement, Antitrust Agency Information Collection This ICR Division. Activities; Submission for OMB seeks approval under the PRA for revisions to the Miner’s Claim for [FR Doc. 2014–25137 Filed 10–21–14; 8:45 am] Review; Comment Request; Miner’s Claim for Benefits Under the Black Benefits Under the Black Lung Benefits BILLING CODE P Lung Benefits Act and Employment Act and Employment History (Forms History CM–911 and CM–911a) information collection. A miner files Form CM–911 DEPARTMENT OF JUSTICE ACTION: Notice. to apply for benefits under the Black Antitrust Division Lung Benefits Act. The applicant lists SUMMARY: The Department of Labor the coal miner’s work history on the (DOL) is submitting the Office of CM–911a; all applicants, both miners Notice Pursuant to the National Workers’ Compensation Programs Cooperative Research and Production and survivors, complete this latter form. (OWCP) sponsored information This information collection has been Act of 1993—Heterogeneous System collection request (ICR) revision titled, Architecture Foundation classified as a revision, because of ‘‘Miner’s Claim for Benefits Under the minor changes to the forms. The Black Lung Benefits Act and changes clarify certain sections so Notice is hereby given that, on Employment History,’’ to the Office of September 29, 2014, pursuant to Section claimants can better understand what Management and Budget (OMB) for information to provide. The OWCP has 6(a) of the National Cooperative review and approval for use in also incorporated a notice that informs Research and Production Act of 1993, accordance with the Paperwork persons with disabilities how they may 15 U.S.C. 4301 et seq. (‘‘the Act’’), Reduction Act (PRA) of 1995 (44 U.S.C. request assistance to complete the Heterogeneous System Architecture 3501 et seq.). Public comments on the information collection. The Black Lung Foundation (‘‘HSA Foundation’’) has ICR are invited. Benefits Act (30 U.S.C. 901 et seq.) filed written notifications DATES: The OMB will consider all authorizes this information collection. simultaneously with the Attorney written comments that agency receives This information collection is subject General and the Federal Trade on or before November 21, 2014. to the PRA. A Federal agency generally Commission disclosing changes in its ADDRESSES: A copy of this ICR with cannot conduct or sponsor a collection membership. The notifications were applicable supporting documentation; of information, and the public is filed for the purpose of extending the including a description of the likely generally not required to respond to an Act’s provisions limiting the recovery of respondents, proposed frequency of information collection, unless it is antitrust plaintiffs to actual damages response, and estimated total burden approved by the OMB under the PRA under specified circumstances. may be obtained free of charge from the and displays a currently valid OMB Specifically, Vivante Corporation, RegInfo.gov Web site at http://www. Control Number. In addition, _ Sunnyvale, CA, has withdrawn as a reginfo.gov/public/do/PRAViewICR?ref notwithstanding any other provisions of party to this venture. nbr=201405-1240-005 (this link will law, no person shall generally be subject only become active on the day following to penalty for failing to comply with a No other changes have been made in publication of this notice) or by collection of information that does not either the membership or planned contacting Michel Smyth by telephone display a valid Control Number. See 5 activity of the group research project. at 202–693–4129, TTY 202–693–8064, CFR 1320.5(a) and 1320.6. The DOL Membership in this group research (these are not toll-free numbers) or obtains OMB approval for this project remains open, and HSA sending an email to DOL_PRA_ information collection under Control Foundation intends to file additional [email protected]. Number 1240–0038. The current written notifications disclosing all Submit comments about this request approval is scheduled to expire on changes in membership. by mail or courier to the Office of October 31, 2014; however, the DOL On August 31, 2012, HSA Foundation Information and Regulatory Affairs, notes that existing information filed its original notification pursuant to Attn: OMB Desk Officer for DOL– collection requirements submitted to the Section 6(a) of the Act. The Department OWCP, Office of Management and OMB receive a month-to-month of Justice published a notice in the Budget, Room 10235, 725 17th Street extension while they undergo review. NW., Washington, DC 20503; by Fax: Federal Register pursuant to Section New requirements would only take 202–395–5806 (this is not a toll-free 6(b) of the Act on October 11, 2012 (77 effect upon OMB approval. For number); or by email: OIRA_ FR 61786). additional substantive information [email protected]. Commenters about this ICR, see the related notice The last notification was filed with are encouraged, but not required, to published in the Federal Register on the Department on April 25, 2014. A send a courtesy copy of any comments May 21, 2014 (79 FR 29218). notice was published in the Federal by mail or courier to the U.S. Interested parties are encouraged to Register pursuant to Section 6(b) of the Department of Labor-OASAM, Office of send comments to the OMB, Office of Act on May 30, 2014 (79 FR 31142). the Chief Information Officer, Attn: Information and Regulatory Affairs at Departmental Information Compliance the address shown in the ADDRESSES Patricia A. Brink, Management Program, Room N1301, section within thirty (30) days of Director of Civil Enforcement Antitrust 200 Constitution Avenue NW., publication of this notice in the Federal Division. Washington, DC 20210; or by email: Register. In order to help ensure [FR Doc. 2014–25139 Filed 10–21–14; 8:45 am] [email protected]. appropriate consideration, comments BILLING CODE 4410–11–P FOR FURTHER INFORMATION CONTACT: should mention OMB Control Number Michel Smyth by telephone at 202–693– 1240–0038. The OMB is particularly 4129, TTY 202–693–8064, (these are not interested in comments that:
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63170 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
• Evaluate whether the proposed approximately 4:00 p.m., with a break Signed at Washington, DC this 10th day of collection of information is necessary for lunch. The morning session on October, 2014 for the proper performance of the November 4 will be in C5320 Room 6. Phyllis C. Borzi, functions of the agency, including The afternoon session on November 4 Assistant Secretary, Employee Benefits whether the information will have will take place in Room S–2508 at the Security Administration. practical utility; same address. The purpose of the open [FR Doc. 2014–25213 Filed 10–20–14; 11:15 am] • Evaluate the accuracy of the meeting on November 3 and the BILLING CODE 4510–29–P agency’s estimate of the burden of the morning of November 4 is for the proposed collection of information, Advisory Council members to finalize including the validity of the the recommendations they will present DEPARTMENT OF LABOR methodology and assumptions used; to the Secretary. At the November 4 • Bureau of Labor Statistics Enhance the quality, utility, and afternoon session, the Council members clarity of the information to be will receive an update from the Bureau of Labor Statistics Technical collected; and Assistant Secretary of Labor for the • Minimize the burden of the Advisory Committee; Notice of Meeting Employee Benefits Security and Agenda collection of information on those who Administration (EBSA) and present are to respond, including through the their recommendations. The Bureau of Labor Statistics use of appropriate automated, Technical Advisory Committee will electronic, mechanical, or other The Council recommendations will be on the following issues: (1) PBM meet on Friday, November 21, 2014. technological collection techniques or The meeting will be held in the Postal other forms of information technology, Compensation and Fee Disclosure, (2) Outsourcing Employee Benefit Plan Square Building, 2 Massachusetts e.g., permitting electronic submission of Avenue NE., Washington, DC. responses. Services, and (3) Issues and Agency: DOL–OWCP. Considerations around Facilitating The Committee provides advice and Title of Collection: Miner’s Claim for Lifetime Plan Participation. makes recommendations to the Bureau Benefits Under the Black Lung Benefits Descriptions of these topics are of Labor Statistics (BLS) on technical Act and Employment History. available on the Advisory Council page aspects of the collection and OMB Control Number: 1240–0038. of the EBSA Web site at http:// formulation of economic measures. The Affected Public: Individuals or www.dol.gov/ebsa/aboutebsa/ BLS presents issues and then draws on Households. erisa_advisory_council.html. the expertise of Committee members Total Estimated Number of representing specialized fields within Organizations or members of the Respondents: 11,000. the academic disciplines of economics, Total Estimated Number of public wishing to submit a written statistics and survey design. Responses: 11,000. statement may do so by submitting 30 The meeting will be held in rooms 1 Total Estimated Annual Time Burden: copies on or before October 27, 2014 to and 2 of the Postal Square Building 7,750 hours. Larry Good, Executive Secretary, ERISA Conference Center. The schedule and Total Estimated Annual Other Costs Advisory Council, U.S. Department of agenda for the meeting are as follows: Burden: $2,058. Labor, Suite N–5623, 200 Constitution Avenue NW., Washington, DC 20210. 8:30 a.m. Commissioner’s welcome Dated: October 9, 2014. Statements also may be submitted as and review of agency developments Michel Smyth, email attachments in rich text, Word, or 9:00 a.m. Adjusting Major Sector Departmental Clearance Officer. pdf format transmitted to Productivity Industry Multifactor [FR Doc. 2014–25057 Filed 10–21–14; 8:45 am] [email protected]. It is requested that Productivity to Account for BILLING CODE 4510–CK–P statements not be included in the body Changes in the Composition of of an email. Statements deemed relevant Labor by the Advisory Council and received 10:45 a.m. Updates on topics from past DEPARTMENT OF LABOR on or before October 27 will be included committee meetings: • Survey of Occupational Injuries and Employee Benefits Security in the record of the meeting and will be Illnesses (SOII) Undercount Administration available by contacting the EBSA Public Disclosure Room. Do not include any • How to Take Account of Internet 174th Meeting of the Advisory Council personally identifiable information Job Search in Measuring on Employee Welfare and Pension (such as name, address, or other contact Unemployment in the Current Benefit Plans; Notice of Meeting information) or confidential business Population Survey (CPS) information that you do not want 1:30 p.m. Discussion of future Pursuant to the authority contained in publicly disclosed. priorities Section 512 of the Employee Retirement 2:00 p.m. Occupational Employment Income Security Act of 1974 (ERISA), 29 Individuals or representatives of Statistics (OES) Redesign: Sampling U.S.C. 1142, the 174th open meeting of organizations wishing to address the and Estimation the Advisory Council on Employee Advisory Council should forward their Welfare and Pension Benefit Plans (also requests to the Executive Secretary or 4:00 p.m. Approximate conclusion known as the ERISA Advisory Council) telephone (202) 693–8668. Oral The meeting is open to the public. will be held on November 3–4, 2014. presentations will be limited to ten Any questions concerning the meeting The meeting will take place in C5320 minutes, time permitting, but an should be directed to Lisa Fieldhouse, Room 6, U.S. Department of Labor, 200 extended statement may be submitted Bureau of Labor Statistics Technical Constitution Avenue NW., Washington, for the record. Individuals with Advisory Committee, on 202–691–5025. DC 20210 on November 3, from 1 p.m. disabilities who need special Individuals who require special to approximately 5:00 p.m. On accommodations should contact the accommodations should contact Ms. November 4, the meeting will start at Executive Secretary by October 27, 2014 Fieldhouse at least two days prior to the 8:30 a.m. and conclude at at the address indicated. meeting date.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63171
Signed at Washington, DC, this 16th day of docket number (OSHA–2011–0034) for reduce to the maximum extent feasible October 2014. the Information Collection Request unnecessary duplication of efforts in Eric P. Molina, (ICR). All comments, including any obtaining information (29 U.S.C. 657). Acting Chief, Division of Management personal information you provide, are The following is a description of the Systems, Bureau of Labor Statistics. placed in the public docket without requirements in subparts A and B that [FR Doc. 2014–25058 Filed 10–21–14; 8:45 am] change, and may be made available pertain to the collection and retention of BILLING CODE 4510–24–P online at http://www.regulations.gov. information. For further information on submitting One provision in subpart A contains comments see the ‘‘Public paperwork requirements (§ 1915.7). DEPARTMENT OF LABOR Participation’’ heading in the section of Section 1915.7(b)(2) specifies that this notice titled SUPPLEMENTARY shipyard employers must maintain a Occupational Safety and Health INFORMATION. roster of designated competent persons Administration Docket: To read or download (for inspecting and testing spaces [Docket No. OSHA–2011–0034] comments or other material in the covered by subpart B), or a statement docket, go to http://www.regulations.gov that a Marine Chemist will perform Subpart A (‘‘General Provisions’’) and or the OSHA Docket Office at the these inspections and tests. Section Subpart B (‘‘Confined and Enclosed address above. All documents in the 1915.7(d) requires employers to ensure Spaces and Other Dangerous docket (including this Federal Register that competent persons, Marine Atmospheres in Shipyard notice) are listed in the http:// Chemists, and certified industrial Employment’’); Extension of the Office www.regulations.gov index; however, hygienists (CIHs) make a record of each of Management and Budget’s (OMB) some information (e.g., copyrighted inspection and test they conduct, post Approval of Information Collection material) is not publicly available to the record near the covered space while (Paperwork) Requirements read or download from the Web site. All work is in progress, and file the record submissions, including copyrighted for at least three months. In addition, AGENCY: Occupational Safety and Health material, are available for inspection employers must make the roster or Administration (OSHA), Labor. and copying at the OSHA Docket Office. statement and the inspection and test ACTION: Request for public comments. You may also contact Theda Kenney at records available for inspection by SUMMARY: OSHA solicits public the address below to obtain a copy of designated parties. comments concerning its proposal to the ICR. Subpart B consists of several standards governing entry into confined extend the Office of Management and FOR FURTHER INFORMATION CONTACT: Budget’s (OMB) approval of the Theda Kenney or Todd Owen, and enclosed spaces and other information collection requirements Directorate of Standards and Guidance, dangerous atmospheres in shipyard specified in 29 CFR part 1915, subpart OSHA, U.S. Department of Labor, Room employment. These standards require A (‘‘General Provisions’’) and subpart B N–3609, 200 Constitution Avenue NW., that employers: • Ensure that competent persons (‘‘Confined and Enclosed Spaces and Washington, DC 20210; telephone (202) conduct inspections and atmospheric Other Dangerous Atmospheres in 693–2222. testing prior to workers entering a Shipyard Employment’’). SUPPLEMENTARY INFORMATION: confined or enclosed space DATES: Comments must be submitted I. Background (§§ 1915.12(a)–(c)); (postmarked, sent, or received) by • Warn workers not to enter December 22, 2014. The Department of Labor, as part of its hazardous spaces and other dangerous ADDRESSES: Electronically: You may continuing effort to reduce paperwork atmospheres (§§ 1915.12 (a)–(c) and submit comments and attachments and respondent (i.e., employer) burden, § 1915.16); electronically at http:// conducts a preclearance consultation • Certify that workers who will be www.regulations.gov, which is the program to provide the public with an entering confined or enclosed spaces Federal eRulemaking Portal. Follow the opportunity to comment on proposed have been trained (§ 1915.12(d)(5)); instructions online for submitting and continuing information collection • Establish and train shipyard rescue comments. requirements in accord with the teams or arrange for outside rescue Facsimile: If your comments, Paperwork Reduction Act of 1995 teams and provide them with including attachments, are not longer (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This information (§ 1915.12(e)); than 10 pages you may fax them to the program ensures that information is in • Ensure that one person on each OSHA Docket Office at (202) 693–1648. the desired format, reporting burden rescue team maintains a current first aid Mail, hand delivery, express mail, (time and costs) is minimal, collection training certification (§ 1915.12(e)); messenger, or courier service: When instruments are clearly understood, and • Exchange information regarding using this method, you must submit a OSHA’s estimate of the information hazards, safety rules, and emergency copy of your comments and attachments collection burden is accurate. The procedures concerning these spaces and to the OSHA Docket Office, Docket No. Occupational Safety and Health Act of atmospheres with other employers OSHA–2011–0034, Occupational Safety 1970 (the OSH Act) (29 U.S.C. 651 et whose workers may enter these same and Health Administration, U.S. seq.) authorizes information collection spaces (§ 1915.12(f)); Department of Labor, Room N–2625, by employers as necessary or • Ensure testing of spaces containing 200 Constitution Avenue NW., appropriate for enforcement of the Act or having contained combustible or Washington, DC 20210. Deliveries or for developing information regarding flammable liquids or gases, or solids (hand, express mail, messenger, and the causes and prevention of that are toxic, corrosive, or irritating and courier service) are accepted during the occupational injuries, illnesses, and other dangerous atmospheres, Department of Labor’s and Docket accidents (29 U.S.C. 657). The OSH Act boundaries or pipelines before cleaning Office’s normal business hours, 8:15 also requires that OSHA obtain such and other cold work is started and as a.m. to 4:45 p.m., e.t. information with minimum burden necessary thereafter while the Instructions: All submissions must upon employers, especially those operations are ongoing (§§ 1915.13(b)(2) include the Agency name and the OSHA operating small businesses, and to and (4));
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63172 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
• Post signs prohibiting ignition OMB Control Number: 1218–0011. and copying at the OSHA Docket Office. sources within or near a space that Affected Public: Business or other for- Information on using the http:// contains bulk quantities of flammable or profits; Not-for-profit organizations; www.regulations.gov Web site to submit combustible liquids or gases Federal Government; State, Local or comments and access the docket is (§ 1915.13(b)(10)); Tribal Government. available at the Web site’s ‘‘User Tips’’ • Ensure that confined and enclosed Number of Respondents: 2,759. link. Contact the OSHA Docket Office spaces are tested before workers perform Frequency of Responses: On occasion. for information about materials not hot work in these work areas Total Responses: 2,098,172. available from the Web site, and for (§ 1915.14(a)); Average Time per Response: Varies assistance in using the Internet to locate • Post warnings of testing conducted from one minute (.02 hour) for an docket submissions. by competent persons and certificates of employer to maintain a training testing conducted by a Marine Chemist certificate to 10 minutes (.17 hour) to V. Authority and Signature or Coast Guard authorized person in the develop and maintain a roster of David Michaels, Ph.D., MPH, immediate vicinity of the hot-work competent persons to perform required Assistant Secretary of Labor for operation while the operation is in inspections and tests. Occupational Safety and Health, progress (§§ 1915.14(a) and (b)); and Estimated Total Burden Hours: directed the preparation of this notice. • Retain certificates of testing on file 338,984. The authority for this notice is the for at least three months after Estimated Cost (Operation and Paperwork Reduction Act of 1995 (44 completing the operation Maintenance): $0. U.S.C. 3506 et seq.) and Secretary of (§ 1915.14(a)(2)). IV. Public Participation—Submission of Labor’s Order No. 1–2012 (77 FR 3912). II. Special Issues for Comment Comments on This Notice and Internet Signed at Washington, DC, on October 17, Access to Comments and Submissions 2014. OSHA has a particular interest in David Michaels, comments on the following issues: You may submit comments in • Whether the proposed information response to this document as follows: Assistant Secretary of Labor for Occupational Safety and Health. collection requirements are necessary (1) electronically at http:// for the proper performance of the www.regulations.gov, which is the [FR Doc. 2014–25147 Filed 10–21–14; 8:45 am] Agency’s functions, including whether Federal eRulemaking Portal; (2) by BILLING CODE 4510–26–P the information is useful; facsimile (fax); or (3) by hard copy. All • The accuracy of OSHA’s estimate of comments, attachments, and other the burden (time and costs) of the material must identify the Agency name DEPARTMENT OF LABOR information collection requirements, and the OSHA docket number (Docket No. OSHA–2011–0034) for the ICR. You Occupational Safety and Health including the validity of the Administration methodology and assumptions used; may supplement electronic submissions • The quality, utility, and clarity of by uploading document files [Docket No. OSHA–2011–0063] the information collected; and electronically. If you wish to mail • Ways to minimize the burden on additional materials in reference to an Slings; Extension of the Office of employers who must comply; for electronic or facsimile submission, you Management and Budget’s (OMB) example, by using automated or other must submit them to the OSHA Docket Approval of Information Collection technological information collection Office (see the section of this notice (Paperwork) Requirements titled ADDRESSES). The additional and transmission techniques. AGENCY: Occupational Safety and Health materials must clearly identify your Administration (OSHA), Labor. III. Proposed Actions electronic comments by your name, OSHA is requesting that OMB extend date, and the docket number so the ACTION: Request for public comments. its approval of the collection of Agency can attach them to your SUMMARY: OSHA solicits public information (paperwork) requirements comments. comments concerning its proposal to mandated by Subpart A (‘‘General Because of security procedures, the extend OMB approval of the Provisions’’) and Subpart B (‘‘Confined use of regular mail may cause a information collection requirements and Enclosed Spaces and Other significant delay in the receipt of contained in the Standard on Slings (29 Dangerous Atmospheres in Shipyard comments. For information about CFR 1910.184). The collection of Employment’’) of 29 CFR part 1915. The security procedures concerning the information (paperwork) provisions of Agency is requesting an adjustment delivery of materials by hand, express the Standard specify affixing increase of 26,220 burden hours (from delivery, messenger, or courier service, identification tags or markings on slings, 312,764 to 338,984 hours). The please contact the OSHA Docket Office developing and maintaining inspection adjustment increase is due to an at (202) 693–2350, (TTY (877) 889– records, and retaining proof-testing increase in the number of 5627). certificates. establishments affected by these Comments and submissions are standards. posted without change at http:// DATES: Comments must be submitted The Agency will summarize the www.regulations.gov. Therefore, OSHA (postmarked, sent, or received) by comments submitted in response to this cautions commenters about submitting December 22, 2014. notice and will include this summary in personal information such as social ADDRESSES: Electronically: You may its request to OMB. security numbers and date of birth. submit comments and attachments Type of Review: Extension of a Although all submissions are listed in electronically at http:// currently approved collection. the http://www.regulations.gov index, www.regulations.gov, which is the Title: Subpart A (‘‘General some information (e.g., copyrighted Federal eRulemaking Portal. Follow the Provisions’’) and Subpart B (‘‘Confined material) is not publicly available to instructions online for submitting and Enclosed Spaces and Other read or download from this Web site. comments. Dangerous Atmospheres in Shipyard All submissions, including copyrighted Facsimile: If your comments, Employment’’) (29 CFR part 1915). material, are available for inspection including attachments, are not longer
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63173
than 10 pages you may fax them to the program ensures that information is in Agency’s functions, including whether OSHA Docket Office at (202) 693–1648. the desired format, reporting burden the information is useful; Mail, hand delivery, express mail, (time and costs) is minimal, collection • The accuracy of OSHA’s estimate of messenger, or courier service: When instruments are clearly understood, and the burden (time and costs) of the using this method, you must submit a OSHA’s estimate of the information information collection requirements, copy of your comments and attachments collection burden is accurate. The including the validity of the to the OSHA Docket Office, Docket No. Occupational Safety and Health Act of methodology and assumptions used; OSHA–2011–0063, Occupational Safety 1970 (the OSH Act) (29 U.S.C. 651 et • The quality, utility, and clarity of and Health Administration, U.S. seq.) authorizes information collection the information collected; and Department of Labor, Room N–2625, by employers as necessary or • Ways to minimize the burden on 200 Constitution Avenue NW., appropriate for enforcement of the Act employers who must comply; for Washington, DC 20210. Deliveries or for developing information regarding example, by using automated or other (hand, express mail, messenger, and the causes and prevention of technological information collection courier service) are accepted during the occupational injuries, illnesses, and and transmission techniques. accidents (29 U.S.C. 657). The OSH Act Department of Labor’s and Docket III. Proposed Actions Office’s normal business hours, 8:15 also requires that OSHA obtain such a.m. to 4:45 p.m., e.t. information with minimum burden OSHA is proposing to increase the Instructions: All submissions must upon employers, especially those existing burden hour estimate for the include the Agency name and the OSHA operating small businesses, and to collection of information requirements docket office number (OSHA–2011– reduce to the maximum extent feasible specified by the Standard from 20,001 0063) for the Information Collection unnecessary duplication of efforts in hours to 24,181, a total increase of 4,180 Request (ICR). All comments, including obtaining information (29 U.S.C. 657). hours. This increase in burden hours is any personal information you provide, The Slings Standard (29 CFR a result of an adjustment in the number are placed in the public docket without 1910.184) specifies several collection of of slings (from 1,116,667 to 1,350,000). change, and may be made available information (paperwork) requirements, Type of Review: Extension of a online at http://www.regulations.gov. depending on the type of sling currently approved collection. For further information on submitting (paragraph (e) of the Standard covers Title: Slings (29 CFR 1910.184). comments see the ‘‘Public alloy steel chain slings; paragraph (f) OMB Control Number: 1218–0223. Participation’’ heading in the section of covers wire rope slings; paragraph (g) Affected Public: Business or other for- this notice titled SUPPLEMENTARY covers metal mesh slings; paragraph (h) profits; Not-for-profit organizations; INFORMATION. covers natural and synthetic fiber-rope Federal Government; State, Local, or Docket: To read or download slings; and paragraph (i) covers Tribal Government. comments or other material in the synthetic web slings). Number of Respondents: 1,350,000. docket, go to http://www.regulations.gov The purpose of each of these Frequency of Response: On occasion. Total Responses: 297,676. or the OSHA Docket Office at the requirements is to prevent workers from Average Time per Responses: Varies address above. All documents in the using defective or deteriorated slings, from 1 minute (.02 hour) to maintain a docket (including this Federal Register thereby reducing their risk of death or serious injury caused by sling failure certificate to 30 minutes (.50 hour) for notice) are listed in the http:// during material handling. The a manufacturing worker to acquire www.regulations.gov index; however, information on the identification tags, information from a manufacturer for a some information (e.g., copyrighted markings, and codings assist the new tag, make a new tag, and affix it to material) is not publicly available to employer in determining whether the a sling. read or download from the Web site. All sling can be used for the lifting task. The Estimated Total Burden Hours: submissions, including copyrighted sling inspections enable early detection 24,181. material, are available for inspection of faulty slings. The inspection and Estimated Cost (Operation and and copying at the OSHA Docket Office. repair records provide employers with Maintenance): $0. You may also contact Theda Kenney at information about when the last the address below to obtain a copy of IV. Public Participation—Submission of inspection was done and about the type the ICR. Comments on This Notice and Internet of repairs made. This information Access to Comments and Submissions FOR FURTHER INFORMATION CONTACT: provides some assurance about the Theda Kenney or Todd Owen, condition of the slings. These records You may submit comments in Directorate of Standards and Guidance, also provide the most efficient means response to this document as follows: OSHA, U.S. Department of Labor, Room for an OSHA compliance officer to (1) electronically at http:// N–3609, 200 Constitution Avenue NW., determine that an employer is www.regulations.gov, which is the Washington, DC 20210; telephone (202) complying with the Standard. Proof- Federal eRulemaking Portal; (2) by 693–2222. testing certificates give employers, facsimile (fax); or (3) by hard copy. All SUPPLEMENTARY INFORMATION: workers, and OSHA compliance officers comments, attachments, and other material must identify the Agency name I. Background assurance that the slings are safe to use. The certificates also provide the and the OSHA docket number (Docket The Department of Labor, as part of its compliance officers with an efficient No. OSHA–2011–0063) for the ICR. You continuing effort to reduce paperwork means to assess employer compliance may supplement electronic submissions and respondent (i.e., employer) burden, with the Standard. by uploading document files conducts a preclearance consultation electronically. If you wish to mail program to provide the public with an II. Special Issues for Comment additional materials in reference to an opportunity to comment on proposed OSHA has a particular interest in electronic or facsimile submission, you and continuing information collection comments on the following issues: must submit them to the OSHA Docket requirements in accord with the • Whether the proposed information Office (see the section of this notice Paperwork Reduction Act of 1995 collection requirements are necessary titled ‘‘ADDRESSES’’). The additional (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This for the proper performance of the materials must clearly identify your
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63174 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
electronic comments by your name, ACTION: Renewal of the NACOSH 41 CFR part 102–3; and Secretary of date, and the docket number so the charter. Labor’s Order No. 1–2012 (77 FR 3912 Agency can attach them to your (1/25/2012)). SUMMARY: The Secretary of Labor comments. Signed at Washington, DC, on October 17, Because of security procedures, the (Secretary) has renewed the NACOSH charter for two years. 2014. use of regular mail may cause a David Michaels, FOR FURTHER INFORMATION CONTACT: Ms. significant delay in the receipt of Assistant Secretary of Labor for Occupational comments. For information about Michelle Walker, OSHA Directorate of Technical Support and Emergency Safety and Health. security procedures concerning the [FR Doc. 2014–25145 Filed 10–21–14; 8:45 am] delivery of materials by hand, express Management, Occupational Safety and BILLING CODE 4510–26–P delivery, messenger, or courier service, Health Administration, Room N–2625, please contact the OSHA Docket Office U.S. Department of Labor, 200 Constitution Avenue NW., Washington, at (202) 693–2350, (TTY (877) 889– DEPARTMENT OF LABOR 5627). DC 20210; telephone (202) 693–2350 Comments and submissions are (TTY (877) 889–5627); email Occupational Safety and Health posted without change at http:// [email protected]. Administration www.regulations.gov. Therefore, OSHA SUPPLEMENTARY INFORMATION: The cautions commenters about submitting Secretary has renewed the NACOSH Executive Order 13650 Improving personal information such as social charter for two years until October 7, Chemical Facility Safety and Security security numbers and date of birth. 2016. Webinar: Implementation Updates Although all submissions are listed in NACOSH was established by Section 7(a) of the Occupational Safety and AGENCY: Occupational Safety and Health the http://www.regulations.gov index, Administration (OSHA), Labor. some information (e.g., copyrighted Health Act of 1970 (OSH Act) (29 U.S.C. ACTION: Notice of Listening Session material) is not publicly available to 651, 656) to advise, consult with and Webinar. read or download from this Web site. make recommendations to the Secretary and the Secretary of Health and Human All submissions, including copyrighted SUMMARY: The Department of Labor Services on matters relating to the material, are available for inspection (DOL), in coordination with the administration of the OSH Act. and copying at the OSHA Docket Office. Department of Homeland Security NACOSH is a continuing advisory Information on using the http:// (DHS) and the Environmental Protection committee of indefinite duration. www.regulations.gov Web site to submit Agency (EPA), is announcing a webinar comments and access the docket is NACOSH operates in accordance with the Federal Advisory Committee Act to update stakeholders on issues available at the Web site’s ‘‘User Tips’’ pertaining to implementation of link. Contact the OSHA Docket Office (FACA) (5 U.S.C. App. 2), its implementing regulations (41 CFR part Executive Order [E.O.] 13650: for information about materials not Improving Chemical Facility Safety and available from the Web site, and for 102–3), and OSHA’s regulations on NACOSH (29 CFR part 1912a). Pursuant Security. assistance in using the Internet to locate DATES: The Webinar will take place on docket submissions. to FACA (5 U.S.C. App. 2, § 14(b)(2)), the NACOSH charter must be renewed November 10th, from 4:00 p.m. EST to V. Authority and Signature every two years. 5:30 p.m. EST. Registration to Participate: Please David Michaels, Ph.D., MPH, The new charter establishes uniform term expiration dates for NACOSH click www.cvent.com/d/n4qt96/4w to Assistant Secretary of Labor for register. Each participant will be Occupational Safety and Health, members, with all terms expiring at the end of a given calendar year. In provided with webinar connection directed the preparation of this notice. instructions by email once their The authority for this notice is the addition, the charter decreases the costs and staff years (1.5 years down from 2 registration has been completed. There Paperwork Reduction Act of 1995 (44 is no fee to register. U.S.C. 3506 et seq.) and Secretary of years) for operating NACOSH. The new NACOSH charter is available FOR FURTHER INFORMATION CONTACT: For Labor’s Order No. 1–2012 (77 FR 3912). to read or download at http:// further information please email: Signed at Washington, DC, on October 17, www.regulations.gov (Docket No. [email protected]. 2014. OSHA–2014–0001), the federal SUPPLEMENTARY INFORMATION: David Michaels, eRulemaking portal. The charter also is I. Background Assistant Secretary of Labor for Occupational available on the NACOSH page on Safety and Health. OSHA’s Web page at http:// On August 1, 2013, President Obama [FR Doc. 2014–25146 Filed 10–21–14; 8:45 am] www.osha.gov and at the OSHA Docket issued E.O. 13650 to improve chemical BILLING CODE 4510–26–P Office, N–2625, U.S. Department of facility safety and security. The Working Labor, 200 Constitution Avenue NW., Group charged with implementing the Washington, DC 20210; telephone (202) E.O. is co-chaired by DHS, DOL, and DEPARTMENT OF LABOR 693–2350. In addition, the charter is EPA, and includes participation from available for viewing or download at the the Departments of Justice, Agriculture, Occupational Safety and Health Federal Advisory Committees Database and Transportation, all of whom play a Administration at http://www.fido.gov. role in Chemical Facility safety and security. During the initial months from [Docket No. OSHA–2014–0001] Authority and Signature the issuance of the E.O., the Working National Advisory Committee on David Michaels, Ph.D., MPH, Group met the deliverables outlined in Occupational Safety and Health Assistant Secretary of Labor for the E.O. as well as conducted a number (NACOSH); Charter Renewal Occupational Safety and Health, of in-person listening sessions and directed the preparation of this notice webinars to gather input from AGENCY: Occupational Safety and Health under the authority granted by 29 U.S.C. stakeholders. This work is reflected in a Administration (OSHA), Labor. 656; 5 U.S.C. App. 2; 29 CFR Part 1912a; report to the President released June 6,
VerDate Sep<11>2014 19:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63175
2014, Executive Order 13650: Actions NEIGHBORHOOD REINVESTMENT number. The NRC published a Federal To Improve Chemical Safety and CORPORATION Register notice with a 60-day comment Security—A Shared Commitment. The period on this information collection on report was a milestone, not an end Audit Committee Meeting; Sunshine July 14, 2014. point, and includes a Federal Action Act 1. Type of submission, new, revision, Plan for the path forward. or extension: Extension. TIME AND DATE: 2 p.m., Monday, October 2. The title of the information The Working Group has made 27, 2014. collection: 48 CFR 20 U.S. Nuclear significant progress on the PLACE: NeighborWorks America— Regulatory Commission Acquisition implementation front of the Federal Gramlich Boardroom, 999 North Capitol Regulation (NRCAR). Action Plan since the release of the Street NE., Washington, DC 20002. 3. Current OMB approval number: report by initiating community planning STATUS: Open (with the exception of 3150–0169. preparedness measures, increasing Executive Sessions). 4. The form number if applicable: N/ Federal coordination, improving data A. CONTACT PERSON: Jeffrey Bryson, management techniques and 5. How often the collection is General Counsel/Secretary, (202) 760– required: On occasion, one time. technology, revising regulations, issuing 4101; [email protected]. guidance and advisory documents, and 6. Who will be required or asked to AGENDA: creating a best practices repository, report: NRC contractors and potential among other initiatives. I. Call To Order contractors. II. Executive Session with the Chief 7. An estimate of the number of II. Scope of Webinar Audit Executive annual responses: 4,871. III. Executive Session: Chief Audit 8. The estimated number of annual The purpose of this webinar is to Executive Performance Review respondents: 2,473. update stakeholders and the public on IV. Executive Session: CEO Transition 9. An estimate of the total number of progress made on issues related to E.O. Update hours needed annually to complete the 13650 and implementation of items V. Executive Session: Pending Litigation requirement or request: 20,095 (18,750 from the Federal Action Plan contained VI. Internal Audit Reports with reporting plus 1,345 recordkeeping). in the report to the President, and to Management’s Response 10. Abstract: The mandatory raise awareness of the E.O. 13650 VII. Internal Audit Status Reports requirements of the NRCAR implement Working Group Web site, located at VIII. OHTS Watch List Review and supplement the government-wide www.osha.gov/chemicalexecutive order. IX. Update on A–133 Findings Federal Acquisition Regulation (FAR), X. Annual Audit Update & Other and ensure that the regulations III. Public Participation External Audit Reports governing the procurement of goods and services with the NRC satisfy the This webinar will accommodate over XI. Management Updates particular needs of the agency. Because 250 participants. As time permits, XII. Adjournment of differing statutory authorities among participants will be able to ask Jeffrey T. Bryson, Federal agencies, the FAR permits questions on a first come, first serve EVP & General Counsel/Corporate Secretary. agencies to issue regulation to basis. We will do our best to [FR Doc. 2014–25243 Filed 10–20–14; 4:15 pm] implement FAR policies and procedures accommodate all persons who wish to BILLING CODE 7570–02–P internally to satisfy the specific need of ask questions during the session. We the agency. request that participants refrain from The public may examine and have making statements, and use this time to NUCLEAR REGULATORY copied for a fee publicly-available ask questions. Should time run out, COMMISSION documents, including the final participants may submit questions, or supporting statement, at the NRC’s [Docket No. NRC–2014–0135] those wishing to submit statements, may Public Document Room, Room O–1F21, do so via [email protected]. For Agency Information Collection One White Flint North, 11555 Rockville general inquiries regarding the E.O., Activities: Submission for the Office of Pike, Rockville, Maryland 20852. The please contact the Working Group at: Management and Budget (OMB) OMB clearance requests are available at [email protected]. Review; Comment Request the NRC’s Web site: http://www.nrc.gov/ public-involve/doc-comment/omb/. The Authority and Signature AGENCY: Nuclear Regulatory document will be available on the Commission. David Michaels, Ph.D., MPH, NRC’s home page site for 60 days after the signature date of this notice. Assistant Secretary of Labor for ACTION: Notice of the OMB review of Comments and questions should be Occupational Safety and Health, information collection and solicitation of public comment. directed to the OMB reviewer listed authorized the preparation of this below by November 21, 2014. notice. SUMMARY: The U.S. Nuclear Regulatory Comments received after this date will Signed at Washington, DC, on October 17, Commission (NRC) has recently be considered if it is practical to do so, 2014. submitted to OMB for review the but assurance of consideration cannot David Michaels, following proposal for the collection of be given to comments received after this information under the provisions of the Assistant Secretary of Labor for Occupational date. Safety and Health. Paperwork Reduction Act of 1995 (44 Vlad Dorjets, Desk Officer, Office of U.S.C. Chapter 35). The NRC hereby Information and Regulatory Affairs [FR Doc. 2014–25142 Filed 10–21–14; 8:45 am] informs potential respondents that an (3150–0169), NEOB–10202, Office of BILLING CODE 4510–26–P agency may not conduct or sponsor, and Management and Budget, Washington, that a person is not required to respond DC 20503. to, a collection of information unless it Comments can also be emailed to displays a currently valid OMB control [email protected] or
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63176 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
submitted by telephone at 202–395– should be emailed to the DFO one day Wednesday, November 5, 2014—1:30 7315. before the meeting. If an electronic copy p.m. until 5:00 p.m. The NRC Clearance Officer is cannot be provided within this The Subcommittee will discuss the Tremaine Donnell, telephone: 301–415– timeframe, presenters should provide license renewal application for 6258. the DFO with a CD containing each Sequoyah Nuclear Plant, Units 1 and 2. Dated at Rockville, Maryland, this 16th day presentation at least thirty minutes The Subcommittee will hear of October, 2014. before the meeting. Electronic presentations by and hold discussions For the Nuclear Regulatory Commission. recordings will be permitted only with representatives of the NRC staff, Tremaine Donnell, during those portions of the meeting Tennessee Valley Authority, and other NRC Clearance Officer, Office of Information that are open to the public. Detailed interested persons regarding this matter. Services. procedures for the conduct of and The Subcommittee will gather [FR Doc. 2014–25100 Filed 10–21–14; 8:45 am] participation in ACRS meetings were information, analyze relevant issues and BILLING CODE 7590–01–P published in the Federal Register on facts, and formulate proposed positions October 13, 2014 (79 FR 59307–59308). and actions, as appropriate, for Detailed meeting agendas and meeting deliberation by the Full Committee. NUCLEAR REGULATORY transcripts are available on the NRC Members of the public desiring to COMMISSION Web site at http://www.nrc.gov/reading- provide oral statements and/or written rm/doc-collections/acrs. Information comments should notify the Designated Advisory Committee on Reactor Federal Official (DFO), Kent Howard Safeguards (ACRS), Meeting of the regarding topics to be discussed, changes to the agenda, whether the (Telephone 301–415–2989 or Email: ACRS Subcommittee on Advanced [email protected]) five days prior to Boiling Water Reactor meeting has been canceled or rescheduled, and the time allotted to the meeting, if possible, so that Notice of Meeting present oral statements can be obtained appropriate arrangements can be made. Thirty-five hard copies of each The ACRS Subcommittee on from the Web site cited above or by presentation or handout should be Advanced Boiling Water Reactor contacting the identified DFO. provided to the DFO thirty minutes (ABWR) will hold a meeting on Moreover, in view of the possibility that before the meeting. In addition, one November 5, 2014, Room T–2B1, 11545 the schedule for ACRS meetings may be electronic copy of each presentation Rockville Pike, Rockville, Maryland. adjusted by the Chairman as necessary should be emailed to the DFO one day The meeting will be open to public to facilitate the conduct of the meeting, attendance with the exception of a before the meeting. If an electronic copy persons planning to attend should check cannot be provided within this portion that may be closed to protect with these references if such information that is propriety pursuant to timeframe, presenters should provide rescheduling would result in a major the DFO with a CD containing each 5 U.S.C. 552b(c)(4). The agenda for the inconvenience. subject meeting shall be as follows: presentation at least thirty minutes If attending this meeting, please enter before the meeting. Electronic Wednesday, November 5, 2014—8:30 through the One White Flint North recordings will be permitted only a.m. until 2:00 p.m. building, 11555 Rockville Pike, during those portions of the meeting The Subcommittee will review Rockville, MD. After registering with that are open to the public. Detailed selected chapters of the Safety security, please contact Mr. Theron procedures for the conduct of and Evaluation Report associated with the Brown (Telephone 240–888–9835) to be participation in ACRS meetings were combined license application for the escorted to the meeting room. published in the Federal Register on October 14, 2014 (79 FR 59307–59308). South Texas Project, Units 3 and 4, as Dated: October 15, 2014. well as a potential issue associated with Detailed meeting agendas and meeting 10 CFR Part 21, ‘‘Reporting of Defects Cayetano Santos, transcripts are available on the NRC and Non Compliance.’’ The Chief, Technical Support Branch, Advisory Web site at http://www.nrc.gov/reading- Subcommittee will hear presentations Committee on Reactor Safeguards. rm/doc-collections/acrs. Information by and hold discussions with the [FR Doc. 2014–25184 Filed 10–21–14; 8:45 am] regarding topics to be discussed, applicant, Nuclear Innovation North BILLING CODE 7590–01–P changes to the agenda, whether the America (NINA), the NRC staff and meeting has been canceled or other interested persons regarding these rescheduled, and the time allotted to matters. The Subcommittee will gather NUCLEAR REGULATORY present oral statements can be obtained information, analyze relevant issues and COMMISSION from the Web site cited above or by facts, and formulate proposed positions contacting the identified DFO. and actions, as appropriate, for Advisory Committee on Reactor Moreover, in view of the possibility that deliberation by the Full Committee. Safeguards (ACRS), Meeting of the the schedule for ACRS meetings may be Members of the public desiring to ACRS Subcommittee on Plant License adjusted by the Chairman as necessary provide oral statements and/or written Renewal to facilitate the conduct of the meeting, comments should notify the Designated persons planning to attend should check Notice of Meeting Federal Official (DFO), Maitri Banerjee with these references if such (Telephone 301–415–6973 or Email: The ACRS Subcommittee on Plant rescheduling would result in a major [email protected]) five days prior License Renewal will hold a meeting on inconvenience. to the meeting, if possible, so that November 5, 2014, Room T–2B3, 11545 If attending this meeting, please enter appropriate arrangements can be made. Rockville Pike, Rockville, Maryland. through the One White Flint North Thirty-five hard copies of each building, 11555 Rockville Pike, presentation or handout should be The meeting will be open to public Rockville, MD. After registering with provided to the DFO thirty minutes attendance. security, please contact Mr. Theron before the meeting. In addition, one The agenda for the subject meeting Brown (Telephone 240–888–9835) to be electronic copy of each presentation shall be as follows: escorted to the meeting room.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63177
Dated: October 15, 2014. on October 14, 2014 (79 FR 59307– I. Introduction Cayetano Santos, 59308). On October 15, 2014, the Postal Chief, Technical Support Branch, Advisory Information regarding changes to the Service filed notice of a Type 2 rate Committee on Reactor Safeguards. agenda, whether the meeting has been adjustment and notice of a modification [FR Doc. 2014–25185 Filed 10–21–14; 8:45 am] canceled or rescheduled, and the time (Modification One) of a bilateral BILLING CODE 7590–01–P allotted to present oral statements can agreement with Korea Post be obtained by contacting the identified (Agreement).1 The Postal Service seeks DFO. Moreover, in view of the to have Modification One included NUCLEAR REGULATORY possibility that the schedule for ACRS within the Inbound Market Dominant COMMISSION meetings may be adjusted by the Multi-Service Agreements with Foreign Chairman as necessary to facilitate the Postal Operators 1 (Foreign Postal Advisory Committee on Reactor conduct of the meeting, persons Safeguards (ACRS), Meeting of the Operators 1) product on grounds of planning to attend should check with functional equivalence to the China Post ACRS Subcommittee on Planning and the DFO if such rescheduling would Procedures 2010 Agreement approved in Docket No. result in a major inconvenience. R2010–6 (baseline China Post Notice of Meeting If attending this meeting, please enter Agreement). Id. at 8. through the One White Flint North The ACRS Subcommittee on Planning building, 11555 Rockville Pike, II. Background and Procedures will hold a meeting on Rockville, MD. After registering with The Agreement and Modification One November 5, 2014, Room T–2B3, 11545 security, please contact Mr. Theron Rockville Pike, Rockville, Maryland. concern negotiated pricing for inbound Brown (240–888–9835) to be escorted to small packets with delivery scanning.2 The meeting will be open to public the meeting room. attendance with the exception of a Notice at 1. The Modification amends portion that may be closed pursuant to Dated: October 15, 2014. the Agreement in two ways: It extends 5 U.S.C. 552b(c)(2) and (6) to discuss Cayetano Santos, the term to November 30, 2015, and organizational and personnel matters Chief, Technical Support Branch, Advisory revises the Financial Requirements that relate solely to the internal Committee on Reactor Safeguards. section of Annex 2 of the Agreement by personnel rules and practices of the [FR Doc. 2014–25183 Filed 10–21–14; 8:45 am] clarifying procedures related to ACRS, and information the release of BILLING CODE 7590–01–P settlement charges. Id. at 1–2; 5. The which would constitute a clearly Postal Service expects the rate changes unwarranted invasion of personal to take effect December 1, 2014. Id. at 3. The Postal Service asserts that it is privacy. POSTAL REGULATORY COMMISSION The agenda for the subject meeting presenting only an extension and a shall be as follows: [Docket Nos. R2015–1; Order No. 2216] revision of the Financial Requirements section of Annex 2 to the Agreement, Wednesday, November 5, 2014—12:00 New Postal Product which concerns negotiated rates for an p.m. until 1:00 p.m. inbound market dominant product. Id. AGENCY: Postal Regulatory Commission. The Subcommittee will discuss at 5. proposed ACRS activities and related ACTION: Notice. III. Contents of Filing matters. The Subcommittee will gather SUMMARY: The Commission is noticing a The Postal Service’s filing consists of information, analyze relevant issues and recent Postal Service filing concerning a the Notice (which includes three facts, and formulate proposed positions modification of a bilateral agreement attachments) and supporting financial and actions, as appropriate, for with Korea Post. This notice informs the workpapers. Attachment 1 is the deliberation by the Full Committee. public of the filing, invites public Members of the public desiring to Application of the United States Postal comment, and takes other provide oral statements and/or written Service for Non-Public Treatment of administrative steps. comments should notify the Designated Materials (Application).3 Attachment 2 Federal Official (DFO), Quynh Nguyen DATES: Comments are due: October 24, is an unredacted copy of Modification (Telephone 301–415–5844 or Email: 2014. One. Attachment 3 is a redacted copy of [email protected]) five days prior ADDRESSES: Submit comments the Agreement (filed in Docket No. to the meeting, if possible, so that electronically via the Commission’s R2013–9). The Postal Service includes a arrangements can be made. Thirty-five Filing Online system at http:// redacted version of the financial hard copies of each presentation or www.prc.gov. Those who cannot submit workpapers with its filing as a separate handout should be provided to the DFO comments electronically should contact public Excel file. thirty minutes before the meeting. In the person identified in the FOR FURTHER addition, one electronic copy of each INFORMATION CONTACT section by 1 Notice of United States Postal Service of Type presentation should be emailed to the telephone for advice on filing 2 Rate Adjustment, and Notice of Filing alternatives. Functionally Equivalent Agreement, October 15, DFO one day before the meeting. If an 2014 (collectively, Notice). The Notice was filed electronic copy cannot be provided FOR FURTHER INFORMATION CONTACT: pursuant to 39 CFR 3010.40 et seq. within this timeframe, presenters David A. Trissell, General Counsel, at 2 Docket No. R2013–9, Order Approving an should provide the DFO with a CD 202–789–6820. Additional Inbound Market Dominant Multi- containing each presentation at least Service Agreement with Foreign Postal Operators 1 SUPPLEMENTARY INFORMATION: Negotiated Service Agreement (with Korea Post), thirty minutes before the meeting. October 30, 2013. Electronic recordings will be permitted Table of Contents 3 The material filed under seal consists of a copy only during those portions of the I. Introduction of the Korea Post Agreement filed in Docket No. meeting that are open to the public. R2013–9 (Notice, Attachment 3) and supporting II. Background financial workpapers. The Application seeks Detailed procedures for the conduct of III. Contents of Filing protection for the period allowed under and participation in ACRS meetings IV. Commission Action Commission rules (ten years). Notice, Attachment 1 were published in the Federal Register V. Ordering Paragraphs at 8.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63178 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
The Postal Service states that the The Commission appoints John P. I. Introduction intended effective date of Modification Klingenberg to serve as Public One is December 1, 2014; asserts that it Representative in this docket. On October 15, 2014, the Postal is providing more than the 45 days Service filed notice that it has V. Ordering Paragraphs advance notice required under 39 CFR established contingency prices pursuant 3010.41; and identifies the parties to It is ordered: to an existing, albeit expired, Modification One as the United States 1. The Commission establishes Docket International Business Reply Service Postal Service and Korea Post, the postal No. R2015–1 for consideration of (IBRS) Competitive Contract 3 operator for Korea. Id. at 3–4. matters raised by the Postal Service’s negotiated service agreement.1 Reporting requirements. In lieu of the Notice. In support of its Notice, the Postal detailed data collection plan required by 2. Pursuant to 39 U.S.C. 505, John P. Service includes four attachments: A rule 3010.43, the Postal Service Klingenberg is appointed to serve as an redacted copy of the notice to the proposes to report information on officer of the Commission (Public customer of the contingency prices Modification One through the Annual Representative) to represent the (Attachment 1), a certification of Compliance Report. Id at 6. The Postal interests of the general public in this compliance with 39 U.S.C. 3633(a) Service also invokes, with respect to proceeding. (Attachment 2), a redacted copy of service performance measurement 3. Comments by interested persons in Governors’ Decision No. 08–24 reporting under rule 3055.3(a)(3), the this proceeding are due no later than (Attachment 3), and an application for standing exception in Order No. 996 for October 24, 2014. non-public treatment of certain all agreements filed in the Foreign 4. The Secretary shall arrange for materials (Attachment 4). It also Postal Operators 1 product grouping. Id. publication of this order in the Federal includes supporting financial Register. Consistency with applicable statutory workpapers. criteria. The Postal Service recites the By the Commission. The Postal Service intends for the three criteria for Commission review in Shoshana M. Grove, contingency prices in Attachment 1 to 39 U.S.C. 3622 and asserts that it Secretary. become effective November 1, 2014. Id. addresses the two it considers pertinent [FR Doc. 2014–25056 Filed 10–21–14; 8:45 am] at 3; Id. Attachment 1 at 1. to this filing (concerning whether the BILLING CODE 7710–FW–P II. Notice of Filings modification improves the Postal Service’s net financial position (or The Commission invites comments on enhances the performance of POSTAL REGULATORY COMMISSION whether the changes presented in the operational functions) and will not Postal Service’s Notice are consistent cause unreasonable harm to the [Docket Nos. CP2013–58; Order No. 2215] with the policies of 39 U.S.C. 3632, marketplace). The Postal Service asserts 3633, or 3642, 39 CFR 3015.5, and 39 that the third criterion (available on New Postal Product CFR part 3020, subpart B. Comments are public and reasonable terms to similarly AGENCY: Postal Regulatory Commission. due no later than October 23, 2014. The situated mailers) is not applicable. Id. at public portions of the filing can be 6–7. ACTION: Notice. accessed via the Commission’s Web site Functional equivalence. The Postal SUMMARY: The Commission is noticing a (http://www.prc.gov). Service addresses reasons why it recent Postal Service filing concerning The Commission appoints Cassie considers the modification functionally the contingency prices pursuant to an D’Souza to serve as Public equivalent to the baseline China Post existing International Business Reply Representative in this docket. Agreement, notwithstanding Service (IBRS) Competitive Contract 3 III. Ordering Paragraphs acknowledgement and identification of negotiated service agreement. This similarities and differences. Id. at 8–10. notice informs the public of the filing, It is ordered: The Postal Service asserts that it does invites public comment, and takes other not consider that the specified administrative steps. 1. The Commission reopens Docket differences detract from the conclusion No. CP2013–58 for consideration of the that Modification One is functionally DATES: Comments are due: October 23, matters raised by the Postal Service’s equivalent to the baseline China Post 2014. Notice. ADDRESSES: Agreement. Id. at 10. Submit comments 2. Pursuant to 39 U.S.C. 505, Cassie electronically via the Commission’s IV. Commission Action D’Souza is appointed to serve as an Filing Online system at http:// officer of the Commission to represent The Commission, in conformance www.prc.gov. Those who cannot submit the interests of the general public in with rule 3010.44, establishes Docket comments electronically should contact these proceedings (Public FOR FURTHER No. R2015–1 to consider issues raised the person identified in the Representative). INFORMATION CONTACT section by by the Notice. The Commission invites 3. Comments by interested persons in comments from interested persons on telephone for advice on filing alternatives. these proceedings are due no later than whether Modification One is consistent October 23, 2014. with 39 U.S.C. 3622 and the FOR FURTHER INFORMATION CONTACT: requirements of 39 CFR part 3040. David A. Trissell, General Counsel, at 4. The Secretary shall arrange for Comments are due no later than October 202–789–6820. publication of this order in the Federal Register. 24, 2014. The public portions of this SUPPLEMENTARY INFORMATION: filing can be accessed via the Commission’s Web site (http:// Table of Contents 1 Notice of United States Postal Service of Prices Under Functionally Equivalent International www.prc.gov). Information on how to I. Introduction Business Reply Service Competitive Contract 3 obtain access to non-public material II. Notice of Filings Negotiated Service Agreement, October 15, 2014 appears in 39 CFR part 3007. III. Ordering Paragraphs (Notice).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63179
By the Commission. 1290 Broadway, Suite 1100, Denver, CO under the Advisers Act and is the sub- Shoshana M. Grove, 80203. adviser to PGZ. Any sub-adviser to a Secretary. FOR FURTHER INFORMATION CONTACT: Fund will be registered as an investment [FR Doc. 2014–25014 Filed 10–21–14; 8:45 am] Courtney S. Thornton, Senior Counsel, adviser under the Advisers Act or not BILLING CODE 7710–FW–P at (202) 551–6812, or David P. Bartels, subject to registration. Branch Chief, at (202) 551–6821 3. Applicants state that prior to the (Division of Investment Management, Fund’s implementing a distribution policy (‘‘Distribution Policy’’) in SECURITIES AND EXCHANGE Chief Counsel’s Office). reliance on the order, the Board, COMMISSION SUPPLEMENTARY INFORMATION: The including a majority of the trustees who following is a summary of the [Investment Company Act Release No. are not ‘‘interested persons’’ of the application. The complete application 31290; File No. 812–14295] Fund, as defined in section 2(a)(19) of may be obtained via the Commission’s the Act (the ‘‘Independent Trustees’’), Web site by searching for the file Principal Real Estate Income Fund and will request, and the Adviser will number, or for an applicant using the ALPS Advisors, Inc.; Notice of provide, the information as is Company name box, at http:// Application reasonably necessary to make an www.sec.gov/search/search.htm, or by October 16, 2014. informed determination of whether the calling (202) 551–8090. Board should adopt a proposed AGENCY: Securities and Exchange Applicants’ Representations Distribution Policy. In particular, the Commission (‘‘Commission’’). Board and the Independent Trustees ACTION: Notice of an application under 1. PGZ is registered as a closed-end management investment company will review information regarding the section 6(c) of the Investment Company purpose and terms of the Distribution organized as a Delaware statutory trust.1 Act of 1940 (‘‘Act’’) for an exemption Policy; the likely effects of the policy on The common shares of PGZ are listed from section 19(b) of the Act and rule the Fund’s long-term total return (in and traded on the New York Stock 19b–1 under the Act. relation to market price and its net asset Exchange. The investment objective of value per common share (‘‘NAV’’)); the PGZ is high current income, with a APPLICANTS: Principal Real Estate expected relationship between the secondary objective of capital Income Fund (‘‘PGZ’’) and Alps Fund’s distribution rate on its common appreciation. Applicants represent that, Advisors, Inc. (‘‘ALPS’’). shares under the policy and the Fund’s under normal market conditions, PGZ SUMMARY: Summary of Application: total return (in relation to NAV); invests at least 80% of its total assets in Applicants request an order to permit whether the rate of distribution would certain registered closed-end investment commercial real estate securities, exceed the Fund’s expected total return companies to make periodic primarily consisting of commercial in relation to its NAV; and any distributions of long-term capital gains mortgage backed securities and other reasonably foreseeable material effects with respect to their outstanding U.S. and non-U.S. real estate-related of the policy on the Fund’s long-term common shares as frequently as twelve securities (primarily real estate total return (in relation to market price times in any one taxable year, and as investment trusts (‘‘REITs’’)). Although and NAV). The Independent Trustees frequently as distributions are specified PGZ does not currently intend to issue also will consider what conflicts of by or in accordance with the terms of preferred shares, applicants state that interest the Adviser and the affiliated any outstanding preferred shares that the board of trustees (‘‘Board’’) of PGZ persons of the Adviser and the Fund the investment companies may issue. may authorize the issuance of preferred might have with respect to the adoption shares in the future. DATES: Filing Dates: The application was or implementation of the Distribution 2. The Adviser, a corporation Policy. Applicants state that only after filed on April 2, 2014, and amended on organized under the laws of the State of August 14, 2014. considering the information will the Colorado, is registered as an investment Board, including the Independent HEARING OR NOTIFICATION OF HEARING: An adviser under the Investment Advisers Trustees, approve a Distribution Policy order granting the application will be 2 Act of 1940 (the ‘‘Advisers Act’’). and, in connection with the approval, issued unless the Commission orders a Principal Real Estate Investors, LLC, a will determine that the Distribution hearing. Interested persons may request limited liability company organized Policy is consistent with the Fund’s a hearing by writing to the under the laws of the State of Delaware, investment objectives and in the best Commission’s Secretary and serving is registered as an investment adviser interests of the Fund’s common applicants with a copy of the request, shareholders. personally or by mail. Hearing requests 1 The only registered closed-end investment 1. Applicants state that the purpose of should be received by the Commission company that currently intends to rely on the order a Distribution Policy, generally, would by 5:30 p.m. on November 10, 2014 and has been named as an applicant. Applicants request that the order also apply to each other registered be to permit a Fund to distribute over should be accompanied by proof of closed-end investment company advised or to be the course of each year, through service on applicants, in the form of an advised in the future by ALPS or by an entity periodic distributions in relatively equal affidavit or, for lawyers, a certificate of controlling, controlled by, or under common amounts (plus any required special service. Hearing requests should state control (within the meaning of section 2(a)(9) of the Act) with ALPS (including any successor in distributions) that are composed of the nature of the writer’s interest, the interest) (each such entity, including ALPS, the payments received from portfolio reason for the request, and the issues ‘‘Adviser’’) that in the future seeks to rely on the holdings, supplemental amounts contested. Persons who wish to be order (such investment companies, together with generally representing capital gains or, notified of a hearing may request PGZ, are collectively, the ‘‘Funds’’ and individually, a ‘‘Fund’’). Any Fund that relies on possibly, returns of capital that may notification by writing to the the order in the future will comply with the terms represent unrealized capital gains. The Commission’s Secretary. and conditions of the application. A successor in Fund seeks to establish a distribution ADDRESSES: Secretary, U.S. Securities interest is limited to entities that result from a rate that approximates the Fund’s reorganization into another jurisdiction or a change and Exchange Commission, 100 F Street in the type of business organization. projected total return that can NE., Washington, DC 20549–1090; 2 Any investment adviser to a Fund will be reasonably be expected to be generated Applicants: ALPS Fund Services, Inc., registered under the Advisers Act. by the Fund over an extended period of
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63180 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
time, although the distribution rate will with respect to any one taxable year to section 19(b) and rule 19b–1 would not be solely dependent on the amount one, plus a supplemental distribution afford shareholders no extra protection. of income earned or capital gains made pursuant to section 855 of the 5. Applicants note that section 19(b) realized by the Fund. Under the Code not exceeding 10% of the total and rule 19b–1 also were intended to Distribution Policy, the Fund would amount distributed for the year, plus prevent certain improper sales practices, distribute periodically (as frequently as one additional capital gain dividend including, in particular, the practice of 12 times in any taxable year) to its made in whole or in part to avoid the urging an investor to purchase shares of respective common shareholders a fixed excise tax under section 4982 of the a fund on the basis of an upcoming percentage of the market price of the Code. capital gains dividend (‘‘selling the Fund’s common shares at a particular 2. Section 6(c) of the Act provides, in dividend’’), where the dividend would point in time or a fixed percentage of relevant part, that the Commission may result in an immediate corresponding NAV at a particular time or a fixed exempt any person or transaction from reduction in NAV and would be in amount per share of common shares, any provision of the Act to the extent effect a taxable return of the investor’s any of which may be adjusted from time that the exemption is necessary or capital. Applicants submit that the to time. It is anticipated that under a appropriate in the public interest and ‘‘selling the dividend’’ concern should Distribution Policy, the minimum consistent with the protection of not apply to closed-end investment annual distribution rate with respect to investors and the purposes fairly companies, such as the Fund. According the Fund’s common shares would be intended by the policy and provisions of to applicants, if the underlying concern independent of the Fund’s performance the Act. extends to secondary market purchases during any particular period but would 3. Applicants state that one of the of shares of closed-end funds that are be expected to correlate with the Fund’s concerns leading to the enactment of subject to a large upcoming capital gains performance over time. Except for section 19(b) and adoption of rule 19b– dividend, adoption of a periodic extraordinary distributions and 1 was that shareholders might be unable distribution plan actually helps potential increases or decreases in the to distinguish between frequent minimize the concern by avoiding, through periodic distributions, any amount of the distributions in the final distributions of capital gains and buildup of large end-of-the-year dividend period in light of a Fund’s dividends from investment income. projected performance for the entire distributions. Applicants state, however, that rule 6. Applicants also note that common calendar year and to enable the Fund to 19a–1 effectively addresses this concern comply with the distribution shares of closed-end funds often trade in by requiring that distributions (or the the marketplace at a discount to their requirements of Subchapter M of the confirmation of the reinvestment Internal Revenue Code (‘‘Code’’) for the NAV. Applicants believe that this thereof) estimated to be sourced in part discount may be reduced if the Funds calendar year, each distribution on the from capital gains or capital be Fund’s common shares would be at the are permitted to pay relatively frequent accompanied by a separate statement stated rate then in effect. dividends on their common shares at a showing the sources of the distribution 2. Applicants state that prior to the consistent rate, whether or not those implementation of a Distribution Policy (e.g., estimated net income, net short- dividends contain an element of long- for the Fund, the Board will have term capital gains, net long-term capital term capital gains. adopted policies and procedures under gains and/or return of capital). 7. Applicants assert that the rule 38a–1 under the Act that: (i) Are Applicants state that similar application of rule 19b–1 to a reasonably designed to ensure that all information is included in the Fund’s Distribution Policy actually could have notices required to be sent to the Fund’s annual report to shareholders and on an inappropriate influence on portfolio shareholders pursuant to section 19(a) the Internal Revenue Service Form 1099 management decisions. Applicants state of the Act, rule 19a–1 thereunder and DIV, which is sent to each common and that, in the absence of an exemption condition 4 below (each a ‘‘19(a) preferred shareholder who received from rule 19b–1, the adoption of a Notice’’) include the disclosure required distributions during a particular year. periodic distribution plan imposes by rule 19a–1 under the Act and by 4. Applicants further state that the pressure on management (i) not to condition 2(a) below, and that all other Fund will make the additional realize any net long-term capital gains written communications by the Fund or disclosures required by the conditions until the point in the year that the fund its agents regarding distributions under set forth below and will adopt can pay all of its remaining distributions the Distribution Policy include the compliance policies and procedures in in accordance with rule 19b–1, and (ii) disclosure required by condition 3(a) accordance with rule 38a–1 under the not to realize any long-term capital below; and (ii) require the Fund to keep Act to ensure that all required 19(a) gains during any particular year in records that demonstrate its compliance Notices and disclosures are sent to excess of the amount of the aggregate with all of the conditions of the order shareholders. Applicants state that the pay-out for the year (since as a practical and are necessary for the Fund to form information required by section 19(a), matter excess gains must be distributed the basis for, or demonstrate the rule 19a–1, the Distribution Policy, the and accordingly would not be available calculation of, the amounts disclosed in policies and procedures under rule 38a– to satisfy pay-out requirements in its 19(a) Notices. 1 noted above, and the conditions listed following years), notwithstanding that below will help ensure that the Fund’s purely investment considerations might Applicants’ Legal Analysis shareholders are provided sufficient favor realization of long-term gains at 1. Section 19(b) of the Act generally information to understand that their different times or in different amounts. makes it unlawful for any registered periodic distributions are not tied to a Applicants assert that by limiting the investment company to make long-term Fund’s net investment income (which number of long-term capital gain capital gains distributions more than for this purpose is the Fund’s taxable dividends that the Fund may make with once every twelve months. Rule 19b–1 income other than from capital gains) respect to any one year, rule 19b–1 may limits the number of capital gains and realized capital gains to date, and prevent the normal and efficient dividends, as defined in section may not represent yield or investment operation of a periodic distribution plan 852(b)(3)(C) of the Code return. Accordingly, applicants assert whenever the Fund’s realized net long- (‘‘distributions’’), that a fund may make that continuing to subject the Fund to term capital gains in any year exceed
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63181
the total of the periodic distributions distributions that are comprised of long- capital gains; (C) net realized long-term that may include the capital gains under term capital gains. capital gains; and (D) return of capital the rule. 11. Applicants also submit that the or other capital source; 8. Applicants also assert that rule ‘‘selling the dividend’’ concern is not (2) the fiscal year-to-date cumulative 19b–1 may force fixed regular periodic applicable to preferred shares, which amount of distributions, on a per distributions under a periodic entitle a holder to no more than a common share basis, together with the distribution plan to be funded with specified periodic dividend at a fixed amounts of the cumulative amount, on returns of capital 3 (to the extent net rate or the rate determined by the a per common share basis and as a investment income and realized short- market, and, like a debt security, are percentage of the cumulative amount of term capital gains are insufficient to priced based upon their liquidation distributions, from estimated: (A) Net fund the distribution), even though preference, dividend rate, credit quality, investment income; (B) net realized realized net long-term capital gains and frequency of payment. Applicants short-term capital gains; (C) net realized otherwise would be available. To state that investors buy preferred shares long-term capital gains; and (D) return distribute all of a Fund’s long-term for the purpose of receiving payments at of capital or other capital source; capital gains within the limits in rule the frequency bargained for, and any (3) the average annual total return in 19b–1, a Fund may be required to make application of rule 19b–1 to preferred relation to the change in NAV for the total distributions in excess of the shares would be contrary to the 5-year period (or, if the Fund’s history annual amount called for by its periodic expectation of investors. of operations is less than five years, the distribution plan, or to retain and pay 12. Applicants request an order under time period commencing immediately taxes on the excess amount. Applicants section 6(c) of the Act granting an following the Fund’s first public assert that the requested order would exemption from the provisions of offering) ending on the last day of the minimize these anomalous effects of section 19(b) of the Act and rule 19b– month ended immediately prior to the rule 19b–1 by enabling the Fund to 1 thereunder to permit the Fund to most recent distribution record date realize long-term capital gains as often distribute periodic capital gain compared to the current fiscal period’s as investment considerations dictate dividends (as defined in section annualized distribution rate expressed without fear of violating rule 19b–1. 852(b)(3)(C) of the Code) as frequently as a percentage of NAV as of the last day as twelve times in any one taxable year 9. Applicants state that Revenue of the month prior to the most recent in respect of its common shares and as Ruling 89–81 under the Code requires distribution record date; and often as specified by, or determined in that a fund that seeks to qualify as a (4) the cumulative total return in accordance with the terms of, any regulated investment company under relation to the change in NAV from the preferred shares issued by the Fund. the Code and that has both common last completed fiscal year to the last day shares and preferred shares outstanding Applicants’ Conditions of the month prior to the most recent designate the types of income, e.g., distribution record date compared to the Applicants agree that, with respect to fiscal year-to-date cumulative investment income and capital gains, in each Fund seeking to rely on the order, the same proportion as the total distribution rate expressed as a the order will be subject to the following percentage of NAV as of the last day of distributions distributed to each class conditions: for the tax year. To satisfy the the month prior to the most recent proportionate designation requirements 1. Compliance Review and Reporting distribution record date. Such disclosure shall be made in a of Revenue Ruling 89–81, whenever a The Fund’s chief compliance officer fund has realized a long-term capital type size at least as large and as will: (a) Report to the Fund’s Board, no prominent as the estimate of the sources gain with respect to a given tax year, the less frequently than once every three fund must designate the required of the current distribution; and months or at the next regularly (ii) will include the following proportionate share of the capital gain to scheduled quarterly Board meeting, disclosure: be included in common and preferred whether (i) the Fund and the Adviser (1) ‘‘You should not draw any share dividends. Applicants state that have complied with the conditions of conclusions about the Fund’s although rule 19b–1 allows a fund some the order, and (ii) a material compliance investment performance from the flexibility with respect to the frequency matter (as defined in rule 38a–1(e)(2) amount of this distribution or from the of capital gains distributions, a fund under the Act) has occurred with terms of the Applicants’ Distribution might use all of the exceptions available respect to the conditions; and (b) review Policy’’; under the rule for a tax year and still the adequacy of the policies and (2) ‘‘The Fund estimates that it has need to distribute additional capital procedures adopted by the Board no less distributed more than its income and gains allocated to the preferred shares to frequently than annually. net realized capital gains; therefore, a comply with Revenue Ruling 89–81. 2. Disclosures to Fund Shareholders portion of your distribution may be a 10. Applicants assert that the return of capital. A return of capital may (a) Each 19(a) Notice disseminated to potential abuses addressed by section occur, for example, when some or all of the holders of the Fund’s common 19(b) and rule 19b–1 do not arise with the money that you invested in the shares, in addition to the information respect to preferred shares issued by a Fund is paid back to you. A return of required by section 19(a) and rule 19a– closed-end fund. Applicants assert that capital distribution does not necessarily 1: the distributions are either fixed or reflect the Fund’s investment determined in periodic auctions by (i) Will provide, in a tabular or graphical format: performance and should not be reference to short-term interest rates confused with ‘yield’ or ‘income’ 4’’; and rather than by reference to performance (1) The amount of the distribution, on a per common share basis, together with (3) ‘‘The amounts and sources of of the issuer, and Revenue Ruling 89– distributions reported in this 19(a) 81 determines the proportion of the the amounts of the distribution amount, on a per common share basis and as a 4 percentage of the distribution amount, The disclosure in condition 2(a)(ii)(2) will be 3 Returns of capital as used in the application included only if the current distribution or the means return of capital for financial accounting from estimated: (A) Net investment fiscal year-to-date cumulative distributions are purposes and not for tax accounting purposes. income; (B) net realized short-term estimated to include a return of capital.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63182 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Notice are only estimates and are not any 19(a) Notice, a press release (i) At the earlier of the next regularly being provided for tax reporting containing the information in the 19(a) scheduled meeting or within four purposes. The actual amounts and Notice and will file with the months of the last day of the 12-week sources of the amounts for tax reporting Commission the information contained rolling period, the Board, including a purposes will depend upon the Fund’s in the 19(a) Notice, including the majority of the Independent Trustees: investment experience during the disclosure required by condition 2(a)(ii) (1) Will request and evaluate, and the remainder of its fiscal year and may be above, as an exhibit to its next filed Fund’s Adviser will furnish, the subject to changes based on tax Form N–CSR; and information as may be reasonably regulations. The Fund will send you a (c) The Fund will post prominently a necessary to make an informed Form 1099–DIV for the calendar year statement on its (or the Adviser’s) Web determination of whether the that will tell you how to report these site containing the information in each Distribution Policy should be continued distributions for federal income tax 19(a) Notice, including the disclosure or continued after amendment; purposes.’’ required by condition 2(a)(ii) above, and (2) will determine whether will maintain the information on the continuation, or continuation after The disclosure shall be made in a type Web site for at least 24 months. amendment, of the Distribution Policy is size at least as large as and as prominent consistent with the Fund’s investment as any other information in the 19(a) 4. Delivery of 19(a) Notices to Beneficial objective(s) and policies and is in the Notice and placed on the same page in Owners best interests of the Fund and its close proximity to the amount and the If a broker, dealer, bank or other shareholders, after considering the sources of the distribution. person (‘‘financial intermediary’’) holds information in condition 5(b)(i)(1) (b) On the inside front cover of each common shares issued by the Fund in above; including, without limitation: report to shareholders under rule 30e– nominee name, or otherwise, on behalf (A) Whether the Distribution Policy is 1 under the Act, the Fund will: of a beneficial owner, the Fund: (a) Will accomplishing its purpose(s); (i) Describe the terms of the request that the financial intermediary, (B) the reasonably foreseeable Distribution Policy (including the fixed or its agent, forward the 19(a) Notice to material effects of the Distribution amount or fixed percentage of the all beneficial owners of the Fund’s Policy on the Fund’s long-term total distributions and the frequency of the shares held through the financial return in relation to the market price distributions); intermediary; (b) will provide, in a and NAV of the Fund’s common shares; (ii) include the disclosure required by timely manner, to the financial and condition 2(a)(ii)(1) above; intermediary, or its agent, enough (C) the Fund’s current distribution (iii) state, if applicable, that the copies of the 19(a) Notice assembled in rate, as described in condition 5(b) Distribution Policy provides that the the form and at the place that the above, compared with the Fund’s Board may amend or terminate the financial intermediary, or its agent, average annual taxable income or total Distribution Policy at any time without reasonably requests to facilitate the return over the 2-year period, as prior notice to Fund shareholders; and financial intermediary’s sending of the described in condition 5(b), or the (iv) describe any reasonably 19(a) Notice to each beneficial owner of longer period as the Board deems foreseeable circumstances that might the Fund’s shares; and (c) upon the appropriate; and cause the Fund to terminate the request of any financial intermediary, or (3) based upon that determination, Distribution Policy and any reasonably its agent, that receives copies of the will approve or disapprove the foreseeable consequences of the 19(a) Notice, will pay the financial continuation, or continuation after termination. intermediary, or its agent, the amendment, of the Distribution Policy; (c) Each report provided to reasonable expenses of sending the 19(a) and shareholders of the Fund under rule Notice to the beneficial owners. (ii) The Board will record the 30e-1 under the Act and each information considered by it, including 5. Additional Board Determinations for prospectus filed with the Commission its consideration of the factors listed in Funds Whose Common Shares Trade at on Form N–2 under the Act, will condition 5(b)(i)(2) above, and the basis a Premium provide the Fund’s total return in for its approval or disapproval of the relation to changes in NAV in the If: continuation, or continuation after financial highlights table and in any (a) The Fund’s common shares have amendment, of the Distribution Policy discussion about the Fund’s total return. traded on the stock exchange that they in its meeting minutes, which must be primarily trade on at the time in 3. Disclosure to Shareholders, made and preserved for a period of not question at an average premium to NAV Prospective Shareholders and Third less than six years from the date of the equal to or greater than 10%, as Parties meeting, the first two years in an easily determined on the basis of the average accessible place. (a) The Fund will include the of the discount or premium to NAV of information contained in the relevant the Fund’s common shares as of the 6. Public Offerings 19(a) Notice, including the disclosure close of each trading day over a 12-week The Fund will not make a public required by condition 2(a)(ii) above, in rolling period (each the 12-week rolling offering of the Fund’s common shares any written communication (other than period ending on the last trading day of other than: a communication on Form 1099) about each week); and (a) A rights offering below NAV to the Distribution Policy or distributions (b) The Fund’s annualized holders of the Fund’s common shares; under the Distribution Policy by the distribution rate for the 12-week rolling (b) an offering in connection with a Fund, or agents that the Fund has period, expressed as a percentage of dividend reinvestment plan, merger, authorized to make the communication NAV as of the ending date of the 12- consolidation, acquisition, spin-off or on the Fund’s behalf, to any Fund week rolling period, is greater than the reorganization of the Fund; or shareholder, prospective shareholder or Fund’s average annual total return in (c) an offering other than an offering third-party information provider; relation to the change in NAV over the described in conditions 6(a) and 6(b) (b) The Fund will issue, 2-year period ending on the last day of above, provided that, with respect to the contemporaneously with the issuance of the 12-week rolling period; then: other offering:
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63183
(i) The Fund’s annualized distribution SUMMARY OF APPLICATION: Applicants the Act that is organized as a rate for the six months ending on the request an order that would permit them Massachusetts business trust. The Trust last day of the month ended to enter into and materially amend is organized as a series fund and immediately prior to the most recent subadvisory agreements with Wholly- currently consists of thirty-four series, distribution record date,5 expressed as a Owned Subadvisers (as defined below) only one of which, the BlackRock Multi- percentage of NAV as of the date, is no and non-affiliated subadvisers without Manager Alternative Strategies Fund more than 1 percentage point greater shareholder approval and would grant (the ‘‘Multi-Manager Fund’’), currently than the Fund’s average annual total relief from certain disclosure intends to operate under the manager of return for the 5-year period ending on requirements. managers structure described in the the date; 6 and APPLICANTS: BlackRock Advisors, LLC application (the ‘‘Manager of Managers (ii) the transmittal letter (‘‘BlackRock Advisors’’), BlackRock Structure’’). BlackRock Advisors is a accompanying any registration Funds (the ‘‘Trust’’), and FDP Series, Delaware limited liability company that statement filed with the Commission in Inc. (the ‘‘Corporation’’). is registered with the Commission as an connection with the offering discloses FILING DATES: The application was filed investment adviser under the that the Fund has received an order on June 17, 2010, and amended on Investment Advisers Act of 1940 (the under section 19(b) to permit it to make November 22, 2013, May 9, 2014, and ‘‘Advisers Act’’). periodic distributions of long-term October 3, 2014. 2. Applicants request an order to permit the Adviser,1 subject to the capital gains with respect to its common HEARING OR NOTIFICATION OF HEARING: An approval of the board of directors or shares as frequently as twelve times order granting the application will be trustees of the Corporation or the Trust, each year, and as frequently as issued unless the Commission orders a as applicable (each a ‘‘Board’’),2 distributions are specified by or hearing. Interested persons may request including a majority of the directors or determined in accordance with the a hearing by writing to the trustees who are not ‘‘interested terms of any outstanding preferred Commission’s Secretary and serving persons’’ as defined in section 2(a)(19) shares as the Fund may issue. applicants with a copy of the request, of the Act of the Corporation or the personally or by mail. Hearing requests 7. Amendments to Rule 19b–1 Trust, as applicable, or of the Adviser should be received by the Commission (the ‘‘Independent Directors’’), to take The requested order will expire on the by 5:30 p.m. on November 10, 2014, and certain actions without obtaining effective date of any amendment to rule should be accompanied by proof of shareholder approval as follows: (i) 19b–1 that provides relief permitting service on applicants, in the form of an Select certain wholly-owned an non- certain closed-end investment affidavit or, for lawyers, a certificate of affiliated investment advisers (each a companies to make periodic service. Hearing requests should state ‘‘Subadviser’’ 3) to manage all or a distributions of long-term capital gains the nature of the writer’s interest, the portion of the assets of one of more of with respect to their outstanding reason for the request, and the issues the Subadvised Funds (as defined common shares as frequently as twelve contested. Persons who wish to be below) pursuant to an investment times each year. notified of a hearing may request subadvisory agreement with each For the Commission, by the Division of notification by writing to the Investment Management, under delegated Commission’s Secretary. Subadviser (each a ‘‘Subadvisory Agreement’’), and (ii) materially amend authority. ADDRESSES: Secretary, U.S. Securities Kevin M. O’Neill, Subadvisory Agreement with such and Exchange Commission, 100 F Street Subadvisers.4 Applicants request that Deputy Secretary. NE., Washington, DC 20549–1090. [FR Doc. 2014–25082 Filed 10–21–14; 8:45 am] Applicants, 55 East 52nd Street, New 1 The term ‘‘Adviser’’ means (i) BlackRock BILLING CODE 8011–01–P York, NY 10055. Advisors and (ii) any entity controlling, controlled FOR FURTHER INFORMATION CONTACT: by or under common control with, BlackRock David J. Marcinkus, Senior Counsel, at Advisors or its successor. For purposes of the SECURITIES AND EXCHANGE requested order, ‘‘successor’’ is limited to an entity (202) 551–6882, or David P. Bartels, that results from a reorganization into another COMMISSION Branch Chief, at (202) 551–6821 jurisdiction or a change in the type of business [Investment Company Act Release No. (Division of Investment Management, organization. 31291; File No. 812–13784] Chief Counsel’s Office). 2 The term ‘‘Board’’ includes the board of directors or trustees of a Subadvised Fund. SUPPLEMENTARY INFORMATION: The 3 BlackRock Advisors, LLC, et al.; Notice A ‘‘Subadviser’’ for a Subadvised Fund is (a) an following is a summary of the indirect or direct ‘‘wholly-owned subsidiary’’ (as of Application application. The complete application such term is defined in the Act) of the Adviser for may be obtained via the Commission’s that Subadvised Fund; (b) a sister company of the October 16, 2014. Adviser for that Subadvised Fund that is an indirect AGENCY: Securities and Exchange Web site by searching for the file or direct ‘‘wholly-owned subsidiary’’ (as such term Commission (‘‘Commission’’). number, or for an applicant using the is defined in the Act) of the same company that, Company name box, at http:// indirectly or directly, wholly owns the Adviser ACTION: Notice of an application under www.sec.gov/search/search.htm or by (each of (a) and (b), a ‘‘Wholly-Owned Subadviser’’ section 6(c) of the Investment Company and collectively, the ‘‘Wholly-Owned Act of 1940 (‘‘Act’’) for an exemption calling (202) 551–8090. Subadvisers’’), or (c) not an ‘‘affiliated person’’ (as from section 15(a) of the Act and rule Applicants’ Representations such term is defined in section 2(a)(3) of the Act) of the applicable Subadvised Fund, the Corporation 18f–2 under the Act, as well as from 1. The Corporation is an open-end or the Trust, as applicable, or the Adviser, except certain disclosure requirements. management investment company to the extent that an affiliation arises solely because the Subadviser serves as a subadviser to a registered under the Act that is Subadvised Fund (each, a ‘‘Non-Affiliated 5 If the Fund has been in operation fewer than six organized as a Maryland corporation. Subadviser’’). months, the measured period will begin The Corporation is organized as a series 4 Shareholder approval will continue to be immediately following the Fund’s first public fund (each, an ‘‘FDP Series’’) and required for any other subadviser changes and offering. material amendments to an existing subadvisory 6 If the Fund has been in operation fewer than five currently consists of four FDP Series. agreement with any subadviser other than a Non- years, the measured period will begin immediately The Trust is an open-end management Affiliated Subadviser or Wholly-Owned Sub- following the Fund’s first public offering. investment company registered under Continued
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63184 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
the relief apply to the named applicants, assets and securities portfolios of the registered with the Commission as an as well as to any future FDP Series of Subadvised Fund. In addition, the investment adviser under the Advisers the Corporation, any other existing or Adviser shall develop the overall Act or not subject to such registration. future series of the Trust, and any other investment program and strategies for Applicants state that the specific existing or future registered open-end the Subadvised Fund, or segments investment decisions for each management investment company or thereof, shall revise such program as Subadvised Fund will be made by that series thereof 5 that relies on the necessary, and shall monitor and report Subadviser which has discretionary requested relief and (a) is advised by an periodically to the Board concerning the authority to invest the assets or a Adviser, (b) uses Manager of Managers implementation of the program. For the portion of the assets of that Subadvised Structure, and (c) complies with the investment management services it Fund, subject to the general supervision terms and conditions set forth in the provides to a Subadvised Fund, the of the Adviser and the Board. For its application (the ‘‘Subadvised Funds,’’ Adviser receives the fee specified in the services to a Subadvised Fund, a and each a ‘‘Subadvised Fund’’).6 The Investment Advisory Agreement. Each Subadviser will receive a fee paid by the requested relief will not extend to any Investment Advisory Agreement permits Adviser from the fee the Adviser subadviser, other than a Wholly-Owned the Adviser, subject to the approval of receives from the Subadvised Fund. Subadviser, who is an affiliated person, the Board, to appoint one or more None of the Subadvised Funds is as defined in section 2(a)(3) of the Act, subadvisers to perform investment responsible for paying subadvisory fees of the Subadvised Fund or of the advisory services with respect to a to any Subadviser. Adviser, other than by reason of serving Subadvised Fund. Applicants represent 7. Subadvised Funds will inform as a subadviser to one or more of the that, to the extent applicable, the shareholders of the hiring of a new Subadvised Funds (‘‘Affiliated Sub- Adviser shall research and evaluate Subadviser pursuant to the following Adviser’’). subadvisers and shall advise the Board procedures (‘‘Modified Notice and 3. BlackRock Advisors currently of the subadvisers that the Adviser Access Procedures’’): (a) Within 90 days serves as investment adviser to each believes are best-suited to invest the after a new Subadviser is hired for any FDP Series and to the Multi-Manager assets of a Subadvised Fund; shall Subadvised Fund, that Subadvised Fund, pursuant to investment advisory monitor and evaluate the performance Fund will send its shareholders either a agreements with the Corporation and of each Subadviser; shall determine the Multi-manager Notice or a Multi- the Trust, respectively (each, an portion of a Subadvised Fund’s assets to manager Notice and Multi-manager ‘‘Investment Advisory Agreement’’).7 be managed by each Subadviser; shall Information Statement; 8 and (b) the Any other Adviser will be registered recommend to the Board changes or Subadvised Fund will make the Multi- with the Commission as an investment additions of Subadvisers when manager Information Statement adviser under the Advisers Act. The appropriate; and shall coordinate the available on the Web site identified in terms of each Investment Advisory investment activities of the Subadvisers. the Multi-manager Notice no later than Agreement comply with section 15(a) of In addition, Applicants state that the when the Multi-manager Notice (or the Act, and applicants are not seeking Adviser may directly manage a portion Multi-manager Notice and Multi- an exemption from the provisions of the or, from time to time, all of the assets manager Information Statement) is first Act with respect to the Investment of a Subadvised Fund. sent to shareholders, and will maintain Advisory Agreements. 5. Pursuant to the authority under the it on that Web site for at least 90 days. 4. Applicants state that, under the Investment Advisory Agreements, the Applicants state that, in the terms of each Investment Advisory Adviser has entered into subadvisory circumstances described in the Agreement, subject to and in accordance agreements with subadvisers with application, a proxy solicitation to with the investment objective and respect to the existing FDP Series and approve the appointment of new policies of a Subadvised Fund and any the Multi-Manager Fund. Applicants Subadvisers provides no more directions which the Board may issue to state that each of the current meaningful information to shareholders the Adviser, the Adviser has overall subadvisory agreements relating to the than the proposed Multi-manager responsibility for the general FDP Series and the Multi-Manager Fund Information Statement. Applicants also management and investment of the has been approved by the respective state that the applicable Board would Board, including by a majority of the comply with the requirements of Adviser (all such changes referred to as ‘‘Ineligible Independent Directors, and the Subadviser Changes’’), except as otherwise shareholders of the respective FDP 8 A ‘‘Multi-manager Notice’’ will be modeled on permitted by applicable law or by rule. Series and the Multi-Manager Fund, in a Notice of Internet Availability as defined in rule 5 Any such existing or future series or investment accordance with Sections 15(a) and 14a–16 under the Securities Exchange Act of 1934 company and any existing or future series of the 15(c) of the Act and Rule 18f–2 under (‘‘Exchange Act’’), and specifically will, among Corporation or the Trust, a ‘‘Fund.’’ other things: (a) Summarize the relevant 6 All registered open-end investment companies the 1940 Act. Applicants further state information regarding the new Subadviser; (b) that currently intend to rely on the requested order that, in the future, the Adviser may inform shareholders that the Multi-manager are named as applicants. All funds that currently enter into new, additional or amended Information Statement is available on a Web site; are, or that currently intend to be, Subadvised Subadvisory Agreements on behalf of (c) provide the Web site address; (d) state the time Funds (as defined below) are identified in the period during which the Multi-manager Information application. Any entity that relies on the requested the FDP Series, the Multi-Manager Fund Statement will remain available on that Web site; order will do so only in accordance with the terms or other Subadvised Funds, subject to (i) (e) provide instructions for accessing and printing and conditions contained in the application. If the applicable Board and Independent the Multi-manager Information Statement; and (f) name of any Subadvised Fund contains the name Director approval and (ii) (a) any instruct the shareholder that a paper or email copy of a Subadviser (as defined below), the name of the of the Multi-manager Information Statement may be Adviser that serves as the primary adviser to that required shareholder approval or (b) any obtained, without charge, by contacting the Subadvised Fund, or a trademark or trade name that and all applicable terms and conditions Subadvised Funds. is owned by or publicly used to identify that set forth in the application. The terms A ‘‘Multi-manager Information Statement’’ will Adviser, will precede the name of the Subadviser. of each Subadvisory Agreement will meet the requirements of Regulation 14C, Schedule 7 The term ‘‘Investment Advisory Agreement’’ comply fully with the requirements of 14C and Item 22 of Schedule 14A under the includes each investment advisory agreement Exchange Act for an information statement, except entered into by an Adviser with, or on behalf of, Section 15(a) of the Act. as modified to permit Aggregate Fee Disclosure. a Subadvised Fund that in the future seeks to rely 6. Each current subadviser is, and any Multi-manager Information Statements will be filed on the order. future Subadviser will be either with the Commission via the EDGAR system.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63185
sections 15(a) and 15(c) of the Act materially amending, an advisory monitor and address any conflicts of before entering into or amending agreement or establishing, or increasing, interest. Subadvisory Agreements. advisory fees. 8. Applicants believe that relief from 8. Applicants also request an order 4. Regulation S–X sets forth the disclosure of the individual fees that the under section 6(c) of the Act exempting requirements for financial statements Adviser would pay to the Subadvisers is the Subadvised Fund from certain required to be included as part of a necessary or appropriate in the public disclosure obligations that may require registered investment company’s interest, consistent with the protection each Subadvised Fund to disclose fees registration statement and shareholder of investors and consistent with the paid by the Adviser to a subadviser. reports filed with the Commission. purposes fairly intended by the policy Applicants seek relief to permit each Sections 6–07(2)(a), (b), and (c) of and provisions of the Act, and should be Subadvised Fund to disclose (as a dollar Regulation S–X require a registered granted for the following reasons: (1) amount and a percentage of the investment company to include in its The Adviser will operate the Subadvised Fund’s net assets) only: (a) financial statement information about Subadvised Funds using the services of The aggregate fees paid to the the investment advisory fees. These one or more Subadvisers in a manner Subadvised Fund’s Adviser and any provisions could require a Subadvised different from that of Single-Manager Wholly-Owned Subadvisers; (b) the Fund’s financial statements to disclose Funds such that disclosure of the aggregate fees paid to Non-Affiliated information concerning fees paid to a individual fees that the Adviser or Subadvisers; and (c) the fee paid to each subadviser. Subadvised Funds would pay to each Affiliated Subadviser (collectively, the 5. Section 6(c) of the Act provides that Subadviser would not be relevant to a ‘‘Aggregate Fee Disclosure’’). All other the Commission by order upon shareholder or prospective shareholder items required by Sections 6–07(2)(a), application may conditionally or in understanding the aggregate amount (b) and (c) of Regulation S–X will be unconditionally exempt any person, that the fund would pay for investment disclosed. security, or transaction or any class or advisory services; (2) the relief would classes of persons, securities, or Applicants’ Legal Analysis benefit shareholders by enabling the transactions from any provisions of the Subadvised Funds to operate in a less 1. Section 15(a) of the Act states, in Act, or from any rule thereunder, if such costly and more efficient manner, for part, that it is unlawful for any person exemption is necessary or appropriate example, by facilitating the Adviser’s to act as an investment adviser to a in the public interest and consistent ability to negotiate and manage registered investment company ‘‘except with the protection of investors and the subadvisory relationships; and (3) the pursuant to a written contract, which purposes fairly intended by the policy relief is subject to a number of contract, whether with such registered and provisions of the Act. Applicants conditions that adequately address company or with an investment adviser assert that their requested relief meets disclosure concerns. of such registered company, has been this standard for the reasons discussed approved by the vote of a majority of the below. Applicants’ Conditions outstanding voting securities of such 6. Applicants assert that the Applicants agree that any order registered company.’’ Rule 18f–2 under shareholders expect the Adviser, subject granting the requested relief will be the Act provides that each series or class to the review and approval of the Board, subject to the following conditions: 9 of stock in a series investment company to select the Subadvisers that the 1. Before a Subadvised Fund may rely affected by a matter must approve that Adviser has reasonably determined are on the order requested in the matter if the Act requires shareholder well suited to achieve the Subadvised application, the operation of the approval. Fund’s investment objective. Applicants Subadvised Fund in the manner 2. Form N–1A is the registration assert that, from the perspective of the described in the application, including statement used by open-end investment shareholder, the role of the Subadviser the hiring of Wholly-Owned companies. Item 19(a)(3) of Form N–1A is substantially equivalent to the role of requires a registered investment the individual portfolio managers Subadvisers, will be approved by a company to disclose in its statement of employed by an investment adviser to a majority of the Subadvised Fund’s additional information the method of traditional investment company with a outstanding voting securities as defined computing the ‘‘advisory fee payable’’ single investment adviser (a ‘‘Single- in the Act, or, in the case of a by the investment company, including Manager Fund’’). Applicants believe Subadvised Fund whose public the total dollar amounts that the that permitting the Adviser to perform shareholders purchase shares on the investment company ‘‘paid to the the duties for which the shareholders of basis of a prospectus containing the adviser (aggregated with amounts paid the Subadvised Fund are paying the disclosure contemplated by condition 2 to affiliated advisers, if any), and any Adviser (which include the selection, below, by the initial shareholder before advisers who are not affiliated persons supervision and evaluation of the such Subadvised Fund’s shares are of the adviser, under the investment Subadvisers)—without incurring offered to the public. advisory contract for the last three fiscal unnecessary delays or expenses is 2. The prospectus for each years.’’ appropriate in the interest of the Subadvised Fund will disclose the 3. Rule 20a–1 under the Act requires Subadvised Fund’s shareholders and existence, substance and effect of any proxies solicited with respect to a will allow such Subadvised Fund to order granted pursuant to the registered investment company to operate more efficiently. application. In addition, each comply with Schedule 14A under the 7. Applicants state that a Subadvised Subadvised Fund will hold itself out to Exchange Act. Items 22(c)(1)(ii), Fund will be required to obtain the public as employing the Manager of 22(c)(1)(iii), 22(c)(8) and 22(c)(9) of shareholder approval of the Manager of Managers Structure. The prospectus will Schedule 14A, taken together, may Managers Structure before relying on prominently disclose that the Adviser require a Subadvised Fund to disclose the requested order. Applicants assert has the ultimate responsibility, subject the fees paid to a Subadviser in that conditions 6, 10, and 11 are 9 A Subadvised Fund relying on the order granted connection with a Subadvisory designed to provide the Board with hereunder will comply with conditions 7, 8, 9 and Agreement or with shareholder action sufficient independence and the 12 only if it relies on the relief that would allow with respect to entering into, or resources and information it needs to it to provide Aggregate Fee Disclosure.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63186 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
to oversight by the Board, to oversee the including a majority of the Independent The subject matter of the Open Subadvisers and recommend their Directors, will make a separate finding, Meeting will be: hiring, termination, and replacement. reflected in the Board minutes, that • The Commission will consider 3. The Adviser will provide general such change is in the best interests of whether to adopt rules relating to credit management services to each the Subadvised Fund and its risk retention by securitizers of asset- Subadvised Fund, including overall shareholders, and does not involve a backed securities, as mandated by supervisory responsibility for the conflict of interest from which the Section 15G of the Exchange Act and general management and investment of Adviser or the Affiliated Subadviser or Section 941(b) of the Dodd-Frank Wall the Subadvised Fund’s assets, and, Wholly-Owned Subadviser derives an Street Reform and Consumer Protection subject to the review and approval by inappropriate advantage. Act. the Board, the Adviser will (a) set a 11. No Director or officer of the Trust, The duty officer has determined that Subadvised Fund’s overall investment the Corporation, a Subadvised Fund, or no earlier notice was practicable. strategies, (b) evaluate, select, and partner, director or officer of the recommend Subadvisers to manage all Adviser, will own directly or indirectly At times, changes in Commission or a portion of the Subadvised Fund’s (other than through a pooled investment priorities require alterations in the assets, and (c) implement procedures vehicle that is not controlled by such scheduling of meeting items. reasonably designed to ensure that the person) any interest in a Subadviser For further information and to Subadvisers comply with the except for (a) ownership of interests in ascertain what, if any, matters have been Subadvised Fund’s investment the Adviser or any entity, other than a added, deleted, or postponed, please objectives, policies and restrictions. Wholly-Owned Subadviser, that contact: Subject to review by the Board, the controls, is controlled by, or is under The Office of the Secretary at (202) Adviser will (a) when appropriate, common control with the Adviser, or (b) 551–5400. allocate and reallocate the Subadvised ownership of less than 1% of the Fund’s assets among multiple outstanding securities of any class of Dated: October 17, 2014. Subadvisers; and (b) monitor and equity or debt of any publicly traded Brent J. Fields, evaluate the performance of the company that is either a Subadviser or Secretary. Subadvisers. an entity that controls, is controlled by, 4. A Subadvised Fund will not make [FR Doc. 2014–25208 Filed 10–20–14; 11:15 am] or under common control with a BILLING CODE 8011–01–P any Ineligible Subadviser Changes Subadviser. without the approval of the 12. Each Subadvised Fund will shareholders of the applicable disclose in its registration statement the Subadvised Fund. SECURITIES AND EXCHANGE 5. Subadvised Funds will inform Aggregate Fee Disclosure. COMMISSION shareholders of the hiring of a new 13. In the event the Commission Subadviser within 90 days after the adopts a rule under the Act providing [Release No. 34–73371; File No. SR–CME– hiring of the new Subadviser pursuant substantially similar relief to that 2014–14] to the Modified Notice and Access requested in the application, the Procedures. requested order will expire on the Self-Regulatory Organizations; 6. At all times, at least a majority of effective date of that rule. Chicago Mercantile Exchange Inc.; the Board will be Independent 14. Any new subadvisory agreement Notice of Filing and Immediate Directors, and the selection and or any amendment to a Subadvised Effectiveness of Proposed Rule nomination of new or additional Fund’s existing Investment Advisory Change To Amend Rule 850 Regarding Independent Directors will be placed Agreement or subadvisory agreement Fees within the discretion of the then- that directly or indirectly results in an October 16, 2014. existing Independent Directors. increase in the aggregate advisory fee 7. Independent Legal Counsel, as rate payable by the Subadvised Fund Pursuant to Section 19(b)(1) of the defined in rule 0–1(a)(16) under the Act, will be submitted to the Subadvised Securities Exchange Act of 1934 will be engaged to represent the Fund’s shareholders for approval. (‘‘Act’’) 1 and Rule 19b–4 thereunder 2 Independent Directors. The selection of For the Commission, by the Division of notice is hereby given that, on October such counsel will be within the Investment Management, under delegated 3, 2014, Chicago Mercantile Exchange discretion of the then-existing authority. Inc. (‘‘CME’’) filed with the Securities Independent Directors. Kevin M. O’Neill, and Exchange Commission 8. The Adviser will provide the Deputy Secretary. (‘‘Commission’’) the proposed rule Board, no less frequently than quarterly, [FR Doc. 2014–25083 Filed 10–21–14; 8:45 am] change as described in Items I, II and III with information about the profitability below, which Items have been prepared BILLING CODE 8011–01–P of the Adviser on a per Subadvised primarily by CME. CME filed the Fund basis. The information will reflect proposal pursuant to Section 19(b)(3)(A) the impact on profitability of the hiring SECURITIES AND EXCHANGE of the Act,3 and Rule 19b–4(f)(1) 4 or termination of any subadviser during COMMISSION thereunder, so that the proposal was the applicable quarter. effective upon filing with the 9. Whenever a subadviser is hired or Sunshine Act Meeting Commission. The Commission is terminated, the Adviser will provide the publishing this notice to solicit Board with information showing the Notice is hereby given, pursuant to comments on the proposed rule change expected impact on the profitability of the provisions of the Government in the from interested persons. the Adviser. Sunshine Act, Public Law 94–409, that 10. Whenever a subadviser change is the Securities and Exchange 1 15 U.S.C. 78s(b)(1). proposed for a Subadvised Fund with Commission will hold an Open Meeting 2 17 CFR 240.19b–4. an Affiliated Subadviser or a Wholly- on Wednesday, October 22, 2014 at 10 3 15 U.S.C. 78s(b)(3)(A). Owned Sub-Adviser, the Board, a.m., in the Auditorium, Room L–002. 4 17 CFR 240.19b–4(f)(1).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63187
I. Self-Regulatory Organization’s streamline Rule 850 by deleting current C. Self-Regulatory Organization’s Statement of the Terms of Substance of text and specifying that current Statement on Comments on the the Proposed Rule Change information concerning applicable fees Proposed Rule Change Received From CME is proposing to make certain and transaction surcharges would be set Members, Participants or Others amendments to CME Rule 850. The text forth in the CME fee schedule and/or CME has not solicited, and does not of the proposed rule change is available CME Fee Policy Bulletins available on intend to solicit, comments regarding on CME’s Web site at http:// CME’s Web site, which are updated as this proposed rule change. CME has not www.cmegroup.com, at the principal a regular practice, as applicable, when received any unsolicited written office of CME, and at the Commission’s fee changes become effective. As such, comments from interested parties. Public Reference Room. the proposed rule change would not add III. Date of Effectiveness of the new membership or fee requirements II. Self-Regulatory Organization’s Proposed Rule Change and Timing for but rather would streamline existing Statement of the Purpose of, and Commission Action rule text to refer to the already existing Statutory Basis for, the Proposed Rule The foregoing rule change has become Change CME fee schedule and/or CME Fee Policy Bulletins, as applicable. Because effective upon filing pursuant to Section In its filing with the Commission, the proposed rule change would remove 19(b)(3)(A) 10 of the Act and Rule 19b– 11 CME included statements concerning content that is separately covered by 4(f)(1) thereunder. At any time within the purpose of and basis for the existing CME Fee Schedule and 60 days of the filing of the proposed rule proposed rule change and discussed any applicable Fee Policy Bulletins change, the Commission summarily may comments it received on the proposed currently available on CME’s Web site, temporarily suspend such rule change if rule change. The text of these statements the proposed administrative changes it appears to the Commission that such may be examined at the places specified action is necessary or appropriate in the would simply streamline the language in Item IV below. CME has prepared public interest, for the protection of in CME Rule 850 without having the summaries, set forth in sections A, B, investors, or otherwise in furtherance of effect of making any substantive and C below, of the most significant the purposes of the Act. aspects of these statements. changes to existing rules. The proposed changes should therefore be seen to IV. Solicitation of Comments A. Self-Regulatory Organization’s promote the prompt and accurate Interested persons are invited to Statement of the Purpose of, and clearance and settlement of securities submit written data, views, and Statutory Basis for, the Proposed Rule transactions and, to the extent arguments concerning the foregoing, Change applicable, derivatives agreements, including whether the proposed rule CME is registered as a derivatives contracts, and transactions, to assure the change is consistent with the Act. clearing organization with the safeguarding of securities and funds Comments may be submitted by any of Commodity Futures Trading which are in the custody or control of the following methods: Commission and currently offers CME or for which it is responsible, and, Electronic Comments clearing services for many different in general, to protect investors and the futures and swaps products. With this public interest in a way that is • Use the Commission’s Internet filing, CME proposes to make certain consistent with Section 17A(b)(3)(F) of comment form (http://www.sec.gov/ amendments to CME Rule 850. The the Exchange Act.6 Because these rules/sro.shtml); or • amendments relate to fees assessed proposed changes simply streamline the Send an email to rule-comments@ against clearing members. The revisions language in CME Rule 850 without sec.gov. Please include File Number SR– would streamline Rule 850 by deleting making any substantive changes to CME–2014–14 on the subject line. current text and including new language existing requirements, the proposed Paper Comments that specifies that current information changes are consistent with the • concerning applicable fees and Send paper comments in triplicate requirements of Section 17A of the to Secretary, Securities and Exchange transaction surcharges would be set 7 Exchange Act and are properly filed Commission, 100 F Street NE., forth in the CME fee schedule and/or 8 under Section 19(b)(3)(A) and Rule Washington, DC 20549–1090. CME Fee Policy Bulletins available on 19b–4(f)(1) 9 thereunder. CME’s Web site. Fee schedules and Fee All submissions should refer to File Policy Bulletins are updated on CME’s B. Self-Regulatory Organization’s Number SR–CME–2014–14. This file Web site as a regular practice, as Statement on Burden on Competition number should be included on the applicable, when fee changes become subject line if email is used. To help the effective. CME does not believe that the Commission process and review your The proposed changes will become proposed rule change will have any comments more efficiently, please use effective immediately, however, CME impact, or impose any burden, on only one method. The Commission will plans operationalize the proposed competition. The revisions do not post all comments on the Commission’s changes on October 9, 2014. CME has impact current fee levels but rather Internet Web site (http://www.sec.gov/ also certified the proposed rule change simply streamline current CME Rule rules/sro.shtml). Copies of the that is the subject of this filing to the 850 by deleting text and replacing it submission, all subsequent Commodity Futures Trading with new language that makes clear amendments, all written statements Commission (‘‘CFTC’’) in CFTC applicable fees and transaction with respect to the proposed rule Submission 14–102. surcharges will be set forth in the CME change that are filed with the CME believes the proposed rule fee schedule and/or CME Fee Policy Commission, and all written change is consistent with the Bulletins available on CME’s Web site. communications relating to the requirements of the Exchange Act proposed rule change between the including Section 17A of the Exchange 6 15 U.S.C. 78q–1(b)(3)(F). Commission and any person, other than Act.5 The proposed changes would 7 15 U.S.C. 78q–1. 8 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78s(b)(3)(A). 5 15 U.S.C. 78q–1. 9 17 CFR 240.19b–4(f)(1). 11 17 CFR 240.19b–4(f)(1).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63188 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
those that may be withheld from the been prepared by the self-regulatory the regulatory considerations that led to public in accordance with the organization. The Commission is the implementation of the Trust provisions of 5 U.S.C. 552, will be publishing this notice to solicit Agreement in 2007 are now moot as a available for Web site viewing and comments on the proposed rule change result of the sale by Intercontinental printing in the Commission’s Public from interested persons. Exchange, Inc., a Delaware corporation Reference Room, 100 F Street NE., I. Self-Regulatory Organization’s (‘‘ICE’’), of Euronext N.V. (‘‘Euronext’’) Washington, DC 20549, on official Statement of the Terms of Substance of in June 2014 and certain changes in the business days between the hours of the Proposed Rule Change corporate governance of ICE, ICE 10:00 a.m. and 3:00 p.m. Copies of such Holdings and NYSE Holdings that filings will also be available for The Exchange proposes this rule filing occurred upon such sale.5 inspection and copying at the principal in connection with the proposed office of CME and on CME’s Web site at termination of the Amended and Background http://www.cmegroup.com/market- Restated Trust Agreement, dated as of In 2007, NYSE Group, which is the regulation/rule-filings.html. November 13, 2013 and amended on 100% owner of NYSE Arca, combined All comments received will be posted June 2, 2014 (the ‘‘Trust Agreement’’), with Euronext (the ‘‘Combination’’). The without change; the Commission does by and among NYSE Holdings LLC, a new parent company formed in the not edit personal identifying Delaware limited liability company Combination, NYSE Euronext, operated information from submissions. You (‘‘NYSE Holdings’’), NYSE Group, Inc., several regulated entities in the United should submit only information that a Delaware corporation (‘‘NYSE States and various jurisdictions in you wish to make available publicly. All Group’’), Wilmington Trust Company, Europe. In the Commission’s notice submissions should refer to File as Delaware Trustee, and each of relating to the proposed Combination, Number SR–CME–2014–14 and should Jacques de Larosie`re de Champfeu, Alan NYSE Arca emphasized the importance be submitted on or before November 12, Trager and John Shepard Reed, as of continuing to regulate marketplaces 2014. Trustees. The text of the proposed rule locally: change is available on the Exchange’s For the Commission, by the Division of A core aspect of the structure of the Trading and Markets, pursuant to delegated Web site at www.nyse.com, at the Combination is continued local regulation of authority.12 principal office of the Exchange, and at the marketplaces. Accordingly, the Kevin M. O’Neill, the Commission’s Public Reference Combination is premised on the notion that Deputy Secretary. Room. . . . [c]ompanies listing their securities only on markets operated by Euronext and its [FR Doc. 2014–25077 Filed 10–21–14; 8:45 am] II. Self-Regulatory Organization’s subsidiaries will not become newly subject to BILLING CODE 8011–01–P Statement of the Purpose of, and U.S. laws or regulation by the SEC as a result Statutory Basis for, the Proposed Rule of the Combination, and companies listing Change their securities only on the Exchange or SECURITIES AND EXCHANGE NYSE Arca, will not become newly subject COMMISSION In its filing with the Commission, the self-regulatory organization included to European rules or regulation as a result of the Combination.6 [Release No. 34–73374; File No. SR– statements concerning the purpose of, NYSEArca–2014–112] and basis for, the proposed rule change In connection with obtaining and discussed any comments it received regulatory approval of the Combination, Self-Regulatory Organizations; NYSE on the proposed rule change. The text NYSE Euronext implemented certain Arca, Inc.; Notice of Filing of Proposed of those statements may be examined at special arrangements consisting of two Rule Change in Connection With the the places specified in Item IV below. standby structures, one involving a Proposed Termination of the Amended The Exchange has prepared summaries, Dutch foundation (Stichting) and one and Restated Trust Agreement, Dated set forth in sections A, B, and C below, involving a Delaware trust. The Dutch as of November 13, 2013 and Amended of the most significant parts of such foundation was empowered to take on June 2, 2014 By and Among NYSE statements. actions to mitigate the effects of any Holdings LLC, a Delaware Limited material adverse change in U.S. law that Liability Company, NYSE Group, Inc., a A. Self-Regulatory Organization’s had an ‘‘extraterritorial’’ impact on non- Delaware Corporation, Wilmington Statement of the Purpose of, and U.S. issuers listed on Euronext markets, Trust Company, as Delaware Trustee, Statutory Basis for, the Proposed Rule non-U.S. financial services firms that and Each of Jacques de Larosie`re de Change were members of Euronext markets or Champfeu, Alan Trager and John 1. Purpose holders of exchange licenses with Shepard Reed, as Trustees The Exchange seeks approval for its respect to the Euronext markets. The October 16, 2014. 100% direct parent, NYSE Group, and Delaware trust was empowered to take Pursuant to Section 19(b)(1) 1 of the its 100% indirect parent, NYSE Securities Exchange Act of 1934 (the Regulation’’), NYSE Arca L.L.C., NYSE Arca Holdings, to terminate the Trust Equities, Inc. and NYSE Amex Options LLC. See 2 3 ‘‘Act’’) and Rule 19b–4 thereunder, Agreement.4 NYSE Arca believes that Exchange Act Release No. 70210 (August 15, 2013) notice is hereby given that, on October (SR–NYSE–2013–62) [sic], 78 FR 51758 (August 21, 8, 2014, NYSE Arca, Inc. (the 4 ICE, a public company listed on the New York 2013) (approving proposed rule change relating to ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with Stock Exchange, LLC (the ‘‘NYSE’’), owns 100% of a corporate transaction in which NYSE Euronext will become a wholly owned subsidiary of the Securities and Exchange Intercontinental Exchange Holdings, Inc., a Delaware corporation (‘‘ICE Holdings’’), which in IntercontinentalExchange Group, Inc.). Commission (the ‘‘Commission’’) the turn owns 100% of NYSE Holdings. Through ICE 5 The Exchange’s affiliates, the NYSE and NYSE proposed rule change as described in Holdings, NYSE Holdings and NYSE Group, ICE MKT, have also submitted the same proposed rule Items I and II below, which Items have indirectly owns (1) 100% of the equity interest of change to terminate the Trust Agreement. See SR– three registered national securities exchanges and NYSEMKT–2014–83 and SR–NYSE–2014–53. self-regulatory organizations (together, the ‘‘NYSE 6 See Exchange Act Release No. 55026 (Dec. 29, 12 17 CFR 200.30–3(a)(12). Exchanges’’)—NYSE Arca, the NYSE and NYSE 2006) (SR–NYSE–2006–120), 72 FR 814, 816–817 1 15 U.S.C. 78s(b)(1). MKT LLC (‘‘NYSE MKT’’)—and (2) 100% of the (January 8, 2007) (the ‘‘NYSE Euronext Notice’’). 2 15 U.S.C. 78a. equity interest of NYSE Market (DE), Inc. (‘‘NYSE NYSE Euronext acquired NYSE MKT, the third of 3 17 CFR 240.19b–4. Market’’), NYSE Regulation, Inc. (‘‘NYSE the NYSE Exchanges, in 2008.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63189
actions to mitigate the effects of any result, ICE and its subsidiaries are no Proposed Rule Change material adverse change in European longer subject to the provisions of the NYSE Arca requests approval to law that had an ‘‘extraterritorial’’ impact Dutch foundation. terminate the Delaware trust because it on the non-European issuers listed on In the 2013 merger, NYSE Euronext believes that the regulatory NYSE Group securities exchanges, non- was succeeded by the entity now known considerations that led to the European financial services firms that as NYSE Holdings, which is currently a implementation of the Trust Agreement were members of any NYSE Group party to the Trust Agreement. At that in 2007 have been mooted by the sale securities market or holders of exchange time, references to the nominating and of Euronext in June 2014, the automatic licenses with respect to the NYSE Group governance committee of the board of revocation of corporate governance securities exchanges. directors of NYSE Euronext, which provisions applicable to ICE, ICE The current form of the Trust selected the Trustees of the Delaware Holdings and NYSE Holdings that Agreement is attached as Exhibit 5A, trust, were replaced by references to the occurred upon such sale, and the fact and a form of unanimous written nominating and governance committee that the Dutch foundation which consent of all parties to, or otherwise of the board of directors of ICE.10 Other functioned as a European analog to the bound by, the Trust Agreement provisions of the Trust Agreement are Delaware trust, ceased to have any resolving that the Delaware trust be substantially unchanged.11 authority over ICE and its subsidiaries terminated is attached as Exhibit 5B. In connection with the Combination upon the closing of the sale of The terms of the Dutch foundation and Euronext.12 NYSE Arca believes that the the Delaware trust are complex. An of NYSE Group and Euronext in 2007 and the establishment of the Dutch prospect for any material adverse explanation of the terms is included in change in European law that would the NYSE Euronext Notice. Subsequent foundation and the Delaware trust, the Certificate of Incorporation and Bylaws have an ‘‘extraterritorial’’ impact on the modifications to the arrangements, to non-European issuers listed on NYSE the extent relevant to the proposed rule of NYSE Euronext included several provisions relating to representation of Group securities exchanges, non- change, are described herein. European financial services firms that The Dutch foundation and the European interests on the board of are members of any NYSE Group Delaware trust remained in effect after directors and other provisions requiring securities market or holders of exchange the merger of ICE Holdings (then known the board to give due consideration to licenses with respect to the NYSE Group as IntercontinentalExchange, Inc.) and European regulatory requirements and the interests of identified categories of securities exchanges is now remote. NYSE Euronext in 2013 under ICE (then Continuance of the Trust Agreement known as IntercontinentalExchange European stakeholders. These provisions are summarized in the NYSE when it no longer furthers the purposes Group, Inc.) as a new public holding of Section 6(b) of the Exchange Act 13 company. However, in connection with Euronext Notice. Each such provision was subject to automatic revocation in also imposes certain administrative ICE’s announced plan to sell the burdens and costs upon NYSE Arca and the event that NYSE Euronext no longer Euronext securities exchanges in an its affiliates, and may cause investor held a controlling interest in Euronext initial public offering, the Dutch uncertainty, that create impediments to or certain of its subsidiaries. For this Ministry of Finance permitted a free and open market. Specifically, the purpose, ‘‘controlling interest’’ was modifications of the terms of the Trust Agreement imposes defined to mean 50% or more of the governing document of the Dutch administrative burdens on ICE and the outstanding shares of each class of foundation under which the powers of nominating and governance committee voting securities and of the combined the Dutch foundation would cease to of its board of directors, such as the voting power of outstanding voting apply to ICE and its affiliates at such need to periodically consider and vote securities entitled to vote generally in time as ICE ceased to hold a on Trustees; the need to consider ‘‘controlling interest’’ in Euronext, with the election of directors. Substantially whether any proposed action requires ‘‘controlling interest’’ defined by identical provisions were added to the approval under the Trust Agreement reference to the definition of ‘‘control’’ Certificate of Incorporation and Bylaws and, if so, the obligation to prepare under Rule 10 of the International of ICE and ICE Holdings, and were materials for consideration and vote by Financial Reporting Standards (‘‘IFRS retained in the Operating Agreement of the Trustees; and the need to consider 7 10’’). In June 2014 ICE announced that NYSE Holdings, when ICE acquired whether any proposed action requires it had sold all but approximately 6% of NYSE Euronext in 2013, except that the an amendment to the Trust Agreement the ownership interest in Euronext in an ‘‘controlling interest’’ test was modified and, if so, the additional obligation to underwritten public offering outside the to become a ‘‘control’’ test under IFRS submit such amendment to the 8 United States. Upon application by 10, as described above with respect to Commission for approval under Rule ICE, the Dutch Ministry of Finance the Dutch foundation. As a result of the 19b–4.14 The Trust Agreement results in confirmed on July 16, 2014 that the initial public offering of Euronext, ICE out-of-pocket costs to NYSE Arca and its conditions to the cessation of the has established that it no longer controls affiliates including the fees of the application of the Dutch foundation to Euronext within the meaning of IFRS individual Trustees and the Delaware ICE had been satisfied or waived.9 As a 10, and the provisions of the constituent Trustee as well as fees of counsel documents of ICE, ICE Holdings and incurred in connection with review of 7 Excerpts from the Further Amended and NYSE Holdings have automatically and proposed amendments and assistance Restated Governance and Option Agreement, dated without further action become void and March 21, 2014, among the Dutch foundation, with the SEC approval process. NYSE Euronext Group N.V. and ICE are attached as are of no further force and effect. Arca also believes that some analysts Exhibit 5C. and institutional investors may not fully 8 ICE’s press release dated June 24, 2014 is 10 See note 4, supra. understand the purpose of the Delaware available at the following link: http://ir.theice.com/ 11 See Exchange Act Release No. 72158 (May 13, trust and may not have appreciated that, investors-and-media/press/press-releases/press- 2014) (SR–NYSE–2014–23), 79 FR 28784 (May 19, release-details/2014/Intercontinental-Exchange- 2014) (notice of filing and immediate effectiveness Announces-Closing-of-Euronext-Initial-Public- of proposed rule change relating to name changes 12 As noted above, this has been confirmed by the Offering/default.aspx. of the Exchange’s ultimate parent) (revising Trust Dutch Ministry of Finance. 9 An English translation of the Dutch Ministry of Agreement to reflect name changes of ICE and ICE 13 15 U.S.C. 78f(b). Finance’s letter is attached as Exhibit 5D. Holdings). 14 17 CFR 240.19b–4.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63190 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
even when ICE controlled Euronext and 6(b) of the Exchange Act,15 in general, necessary or appropriate in furtherance European regulatory considerations and with Section 6(b)(1) 16 in particular, of the purposes of the Exchange Act. played a substantial role in ICE’s in that it enables NYSE Arca to be so Indeed, the proposed rule change would corporate governance, the likelihood of organized as to have the capacity to be eliminate an earlier arrangement the Delaware trust’s substantive able to carry out the purposes of the intended in part to address potential provisions ever being invoked was, by Exchange Act and to comply, and to competitive issues in the European design, extremely remote. In light of the enforce compliance by its exchange securities markets that have abated as a sale of Euronext, the revocation of the members and persons associated with result of ICE’s sale of the Euronext governance provisions relating to its exchange members, with the securities exchanges in June 2014. The European considerations, and the provisions of the Exchange Act, the proposed rule change results in no cessation of application of the Dutch rules and regulations thereunder, and concentration or other changes of foundation to ICE and its affiliates, ICE the rules of NYSE Arca. The Delaware ownership of exchanges. believes it is appropriate to terminate trust was implemented in response to C. Self-Regulatory Organization’s the Delaware trust in order to avoid any potential concerns arising under non- Statement on Comments on the future need to reassure analysts and U.S. law and regulation at a time when Proposed Rule Change Received From investors that the trust does not impact NYSE Arca was owned by a company Members, Participants, or Others the daily operations or valuations of with substantial holdings of non-U.S. ICE’s national securities exchanges. securities exchanges, substantial non- No written comments were solicited U.S. board representation, and explicit or received with respect to the proposed Termination of the Delaware trust obligations on the part of its board to rule change. would be implemented through a give due consideration to matters of unanimous written consent of all parties III. Date of Effectiveness of the non-U.S. law and the interests of non- to, or otherwise bound by, the Trust Proposed Rule Change and Timing for U.S. stakeholders. In light of the Agreement in the form attached as Commission Action elimination of these concerns as Exhibit 5B. discussed above, NYSE Arca believes Within 45 days of the date of References to the Delaware trust also that termination of the Delaware trust is publication of this notice in the Federal would be deleted from, and related consistent with Section 6(b)(1). Register or within such longer period conforming changes would be made to, NYSE Arca also believes that this up to 90 days after publication (i) as the the constituent documents of NYSE filing furthers the objectives of Section Commission may designate if it finds Holdings, NYSE Group, the Exchange, 6(b)(5) of the Exchange Act 17 because such longer period to be appropriate NYSE MKT, NYSE Market and NYSE the proposed rule change would be and publishes its reasons for so finding Regulation. In particular: consistent with and facilitate a or (ii) as to which the self-regulatory NYSE Holdings. The Fifth Amended and governance and regulatory structure that organization consents, the Commission Restated Limited Liability Company is designed to prevent fraudulent and will: Agreement of NYSE Holdings would be manipulative acts and practices, to (A) by order approve or disapprove further amended and restated to eliminate promote just and equitable principles of the proposed rule change, or the definition of the term ‘‘Trust’’ in Section trade, to foster cooperation and (B) institute proceedings to determine 1.1 and the references to the Delaware trust coordination with persons engaged in whether the proposed rule change in Section 7.2. See Exhibit 5E. regulating, clearing, settling, processing should be disapproved. NYSE Group. The Third Amended and information with respect to, and IV. Solicitation of Comments Restated Certificate of Incorporation of NYSE facilitating transactions in securities, to Group would be further amended and remove impediments to, and perfect the Interested persons are invited to restated to eliminate references to the submit written data, views, and Delaware trust in Article IV, Section 4(a) and mechanism of a free and open market and a national market system and, in arguments concerning the foregoing, (b). See Exhibit 5F. including whether the proposed rule The Exchange. The Sixth Amended and general, to protect investors and the Restated Operating Agreement of the public interest. As discussed above, the change is consistent with the Act. Exchange would be further amended and Exchange believes that termination of Comments may be submitted by any of restated to eliminate references to the the Delaware trust will remove the following methods: Delaware trust in Section 3.03. See Exhibit impediments to the operation of NYSE Electronic Comments 5G. Arca by eliminating certain expenses • Use the Commission’s Internet NYSE MKT. The Fifth Amended and and administrative burdens as well as Restated Operating Agreement of NYSE MKT comment form (http://www.sec.gov/ the potential for uncertainty among would be further amended and restated to rules/sro.shtml); or eliminate references to the Delaware trust in analysts and investors as to the practical • Send an email to rule-comments@ Section 3.03. See Exhibit 5H. implications of the Delaware trust on sec.gov. Please include File Number SR– NYSE Market. The Second Amended and NYSE Arca as a marketplace and as a NYSEArca–2014–112 on the subject Restated Certificate of Incorporation of NYSE significant asset of ICE. For the same line. Market would be further amended and reasons, the proposed rule change is restated to eliminate references to the also designed to protect investors as Paper Comments Delaware trust in Article IV, Section 2. See well as the public interest . . . [sic] • Exhibit 5I. Send paper comments in triplicate NYSE Regulation. The Restated Certificate B. Self-Regulatory Organization’s to Brent J. Fields, Secretary, Securities of Incorporation of NYSE Regulation would Statement on Burden on Competition and Exchange Commission, 100 F Street be further amended and restated to eliminate NE., Washington, DC 20549–1090. NYSE Arca does not believe that the references to the Delaware trust in Article V. All submissions should refer to File See Exhibit 5J. proposed rule change will impose any burden on competition that is not Number SR–NYSEArca–2014–112. This 2. Statutory Basis file number should be included on the 15 15 U.S.C. 78f(b). subject line if email is used. To help the NYSE Arca believes that the proposed 16 15 U.S.C. 78f(b)(1). Commission process and review your rule change is consistent with Section 17 15 U.S. C. 78f(b)(5). comments more efficiently, please use
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63191
only one method. The Commission will SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s post all comments on the Commission’s COMMISSION Statement of the Purpose of, and Internet Web site (http://www.sec.gov/ Statutory Basis for, the Proposed Rule rules/sro.shtml). Copies of the [Release No. 34–73373; File No. SR–NYSE– Change submission, all subsequent 2014–53] In its filing with the Commission, the amendments, all written statements self-regulatory organization included with respect to the proposed rule Self-Regulatory Organizations; New statements concerning the purpose of, change that are filed with the York Stock Exchange LLC; Notice of and basis for, the proposed rule change Commission, and all written Filing of Proposed Rule Change in and discussed any comments it received communications relating to the Connection With the Proposed on the proposed rule change. The text proposed rule change between the Termination of the Amended and of those statements may be examined at Commission and any person, other than Restated Trust Agreement, Dated as of the places specified in Item IV below. those that may be withheld from the November 13, 2013 and Amended on The Exchange has prepared summaries, public in accordance with the June 2, 2014 by and Among NYSE set forth in sections A, B, and C below, provisions of 5 U.S.C. 552, will be Holdings LLC, a Delaware Limited of the most significant parts of such available for Web site viewing and Liability Company, NYSE Group, Inc., a statements. printing in the Commission’s Public Delaware Corporation, Wilmington A. Self-Regulatory Organization’s Reference Room, 100 F Street NE., Trust Company, as Delaware Trustee, Statement of the Purpose of, and Washington, DC 20549, on official and Each of Jacques de Larosie`re de Statutory Basis for, the Proposed Rule business days between the hours of Champfeu, Alan Trager and John Change 10:00 a.m. and 3:00 p.m. Copies of the Shepard Reed, as Trustees 1. Purpose filing also will be available for The Exchange seeks approval for its inspection and copying at the principal October 16, 2014. 100% direct parent, NYSE Group, and office of the Exchange. All comments Pursuant to Section 19(b)(1) 1 of the its 100% indirect parent, NYSE received will be posted without change; Securities Exchange Act of 1934 (the 2 3 Holdings, to terminate the Trust the Commission does not edit personal ‘‘Act’’) and Rule 19b–4 thereunder, Agreement.4 The Exchange believes that identifying information from notice is hereby given that, on October the regulatory considerations that led to submissions. You should submit only 8, 2014, New York Stock Exchange LLC the implementation of the Trust information that you wish to make (‘‘NYSE’’ or the ‘‘Exchange’’) filed with Agreement in 2007 are now moot as a available publicly. All submissions the Securities and Exchange result of the sale by Intercontinental should refer to File Number SR– Commission (the ‘‘Commission’’) the Exchange, Inc., a Delaware corporation NYSEArca–2014–112 and should be proposed rule change as described in (‘‘ICE’’), of Euronext N.V. (‘‘Euronext’’) submitted on or before November 12, Items I and II below, which Items have in June 2014 and certain changes in the 2014. been prepared by the self-regulatory corporate governance of ICE, ICE For the Commission, by the Division of organization. The Commission is Holdings and NYSE Holdings that 5 Trading and Markets, pursuant to delegated publishing this notice to solicit occurred upon such sale. authority.18 comments on the proposed rule change Background from interested persons. Kevin M. O’Neill, In 2007, NYSE Group, which is the Deputy Secretary. I. Self-Regulatory Organization’s 100% owner of the Exchange, combined [FR Doc. 2014–25080 Filed 10–21–14; 8:45 am] Statement of the Terms of Substance of with Euronext (the ‘‘Combination’’). The BILLING CODE 8011–01–P the Proposed Rule Change new parent company formed in the Combination, NYSE Euronext, operated The Exchange proposes this rule filing several regulated entities in the United in connection with the proposed States and various jurisdictions in termination of the Amended and Europe. In the Commission’s notice Restated Trust Agreement, dated as of November 13, 2013 and amended on 4 ICE, a public company listed on the Exchange, June 2, 2014 (the ‘‘Trust Agreement’’), owns 100% of Intercontinental Exchange Holdings, by and among NYSE Holdings LLC, a Inc., a Delaware corporation (‘‘ICE Holdings’’), which in turn owns 100% of NYSE Holdings. Delaware limited liability company Through ICE Holdings, NYSE Holdings and NYSE (‘‘NYSE Holdings’’), NYSE Group, Inc., Group, ICE indirectly owns (1) 100% of the equity a Delaware corporation (‘‘NYSE interest of three registered national securities exchanges and self-regulatory organizations Group’’), Wilmington Trust Company, (together, the ‘‘NYSE Exchanges’’)—the Exchange, as Delaware Trustee, and each of NYSE Arca, Inc. (‘‘NYSE Arca’’) and NYSE MKT Jacques de Larosie`re de Champfeu, Alan LLC (‘‘NYSE MKT’’)—and (2) 100% of the equity interest of NYSE Market (DE), Inc. (‘‘NYSE Trager and John Shepard Reed, as Market’’), NYSE Regulation, Inc. (‘‘NYSE Trustees. The text of the proposed rule Regulation’’), NYSE Arca L.L.C., NYSE Arca change is available on the Exchange’s Equities, Inc. and NYSE Amex Options LLC. See Web site at www.nyse.com, at the Exchange Act Release No. 70210 (August 15, 2013) (SR–NYSE–2013–42), 78 FR 51758 (August 21, principal office of the Exchange, and at 2013) (approving proposed rule change relating to the Commission’s Public Reference a corporate transaction in which NYSE Euronext Room. will become a wholly owned subsidiary of IntercontinentalExchange Group, Inc.). 5 The Exchange’s affiliates NYSE Arca and NYSE 1 15 U.S.C. 78s(b)(1). MKT have also submitted the same proposed rule 2 15 U.S.C. 78a. change to terminate the Trust Agreement. See SR– 18 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. NYSEMKT–2014–83 and SR–NYSEArca–2014–112.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63192 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
relating to the proposed Combination, Group, Inc.) as a new public holding European interests on the board of the Exchange emphasized the company. However, in connection with directors and other provisions requiring importance of continuing to regulate ICE’s announced plan to sell the the board to give due consideration to marketplaces locally: Euronext securities exchanges in an European regulatory requirements and A core aspect of the structure of the initial public offering, the Dutch the interests of identified categories of Combination is continued local regulation of Ministry of Finance permitted European stakeholders. These the marketplaces. Accordingly, the modifications of the terms of the provisions are summarized in the NYSE Combination is premised on the notion that governing document of the Dutch Euronext Notice. Each such provision . . . [c]ompanies listing their securities only foundation under which the powers of was subject to automatic revocation in on markets operated by Euronext and its the Dutch foundation would cease to the event that NYSE Euronext no longer subsidiaries will not become newly subject to apply to ICE and its affiliates at such U.S. laws or regulation by the SEC as a result held a controlling interest in Euronext of the Combination, and companies listing time as ICE ceased to hold a or certain of its subsidiaries. For this their securities only on the Exchange or ‘‘controlling interest’’ in Euronext, with purpose, ‘‘controlling interest’’ was NYSE Arca, will not become newly subject ‘‘controlling interest’’ defined by defined to mean 50% or more of the to European rules or regulation as a result of reference to the definition of ‘‘control’’ outstanding shares of each class of 6 the Combination. under Rule 10 of the International voting securities and of the combined In connection with obtaining Financial Reporting Standards (‘‘IFRS voting power of outstanding voting 7 regulatory approval of the Combination, 10’’). In June 2014 ICE announced that securities entitled to vote generally in NYSE Euronext implemented certain it had sold all but approximately 6% of the election of directors. Substantially special arrangements consisting of two the ownership interest in Euronext in an identical provisions were added to the standby structures, one involving a underwritten public offering outside the Certificate of Incorporation and Bylaws 8 Dutch foundation (Stichting) and one United States. Upon application by of ICE and ICE Holdings, and were involving a Delaware trust. The Dutch ICE, the Dutch Ministry of Finance retained in the Operating Agreement of confirmed on July 16, 2014 that the foundation was empowered to take NYSE Holdings, when ICE acquired conditions to the cessation of the actions to mitigate the effects of any NYSE Euronext in 2013, except that the application of the Dutch foundation to material adverse change in U.S. law that ‘‘controlling interest’’ test was modified ICE had been satisfied or waived.9 As a had an ‘‘extraterritorial’’ impact on non- to become a ‘‘control’’ test under IFRS result, ICE and its subsidiaries are no U.S. issuers listed on Euronext markets, 10, as described above with respect to non-U.S. financial services firms that longer subject to the provisions of the Dutch foundation. the Dutch foundation. As a result of the were members of Euronext markets or initial public offering of Euronext, ICE holders of exchange licenses with In the 2013 merger, NYSE Euronext was succeeded by the entity now known has established that it no longer controls respect to the Euronext markets. The Euronext within the meaning of IFRS Delaware trust was empowered to take as NYSE Holdings, which is currently a party to the Trust Agreement. At that 10, and the provisions of the constituent actions to mitigate the effects of any documents of ICE, ICE Holdings and material adverse change in European time, references to the nominating and NYSE Holdings have automatically and law that had an ‘‘extraterritorial’’ impact governance committee of the board of without further action become void and on the non-European issuers listed on directors of NYSE Euronext, which are of no further force and effect. NYSE Group securities exchanges, non- selected the Trustees of the Delaware European financial services firms that trust, were replaced by references to the Proposed Rule Change were members of any NYSE Group nominating and governance committee securities market or holders of exchange of the board of directors of ICE.10 Other The Exchange requests approval to licenses with respect to the NYSE Group provisions of the Trust Agreement are terminate the Delaware trust because it securities exchanges. substantially unchanged.11 believes that the regulatory The current form of the Trust In connection with the Combination considerations that led to the Agreement is attached as Exhibit 5A, of NYSE Group and Euronext in 2007 implementation of the Trust Agreement and a form of unanimous written and the establishment of the Dutch in 2007 have been mooted by the sale consent of all parties to, or otherwise foundation and the Delaware trust, the of Euronext in June 2014, the automatic bound by, the Trust Agreement Certificate of Incorporation and Bylaws revocation of corporate governance resolving that the Delaware trust be of NYSE Euronext included several provisions applicable to ICE, ICE terminated is attached as Exhibit 5B. provisions relating to representation of Holdings and NYSE Holdings that The terms of the Dutch foundation and occurred upon such sale, and the fact the Delaware trust are complex. An 7 Excerpts from the Further Amended and that the Dutch foundation which Restated Governance and Option Agreement, dated explanation of the terms is included in March 21, 2014, among the Dutch foundation, functioned as a European analog to the the NYSE Euronext Notice. Subsequent Euronext Group N.V. and ICE are attached as Delaware trust, ceased to have any modifications to the arrangements, to Exhibit 5C. authority over ICE and its subsidiaries the extent relevant to the proposed rule 8 ICE’s press release dated June 24, 2014 is upon the closing of the sale of available at the following link: http://ir.theice.com/ 12 change, are described herein. investors-and-media/press/press-releases/press- Euronext. The Exchange believes that The Dutch foundation and the release-details/2014/Intercontinental-Exchange- the prospect for any material adverse Delaware trust remained in effect after Announces-Closing-of-Euronext-Initial-Public- change in European law that would the merger of ICE Holdings (then known Offering/default.aspx. have an ‘‘extraterritorial’’ impact on the 9 as IntercontinentalExchange, Inc.) and An English translation of the Dutch Ministry of non-European issuers listed on NYSE NYSE Euronext in 2013 under ICE (then Finance’s letter is attached as Exhibit 5D. 10 See note 4, supra. Group securities exchanges, non- known as IntercontinentalExchange 11 See Exchange Act Release No. 72158 (May 13, European financial services firms that 2014) (SR–NYSE–2014–23), 79 FR 28784 (May 19, are members of any NYSE Group 6 See Exchange Act Release No. 55026 (Dec. 29, 2014) (notice of filing and immediate effectiveness securities market or holders of exchange 2006) (SR–NYSE–2006–120), 72 FR 814, 816–817 of proposed rule change relating to name changes (January 8, 2007) (the ‘‘NYSE Euronext Notice’’). of the Exchange’s ultimate parent) (revising Trust NYSE Euronext acquired NYSE MKT, the third of Agreement to reflect name changes of ICE and ICE 12 As noted above, this has been confirmed by the the NYSE Exchanges, in 2008. Holdings). Dutch Ministry of Finance.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63193
licenses with respect to the NYSE Group the constituent documents of NYSE representation, and explicit obligations securities exchanges is now remote. Holdings, NYSE Group, the Exchange, on the part of its board to give due Continuance of the Trust Agreement NYSE MKT, NYSE Market and NYSE consideration to matters of non-U.S. law when it no longer furthers the purposes Regulation. In particular: and the interests of non-U.S. of Section 6(b) of the Exchange Act 13 NYSE Holdings. The Fifth Amended stakeholders. In light of the elimination also imposes certain administrative and Restated Limited Liability Company of these concerns as discussed above, burdens and costs upon the Exchange Agreement of NYSE Holdings would be the Exchange believes that termination and its affiliates, and may cause investor further amended and restated to of the Delaware trust is consistent with uncertainty, that create impediments to eliminate the definition of the term Section 6(b)(1). a free and open market. Specifically, the ‘‘Trust’’ in Section 1.1 and the The Exchange also believes that this Trust Agreement imposes references to the Delaware trust in filing furthers the objectives of Section administrative burdens on ICE and the Section 7.2. See Exhibit 5E. 6(b)(5) of the Exchange Act 17 because nominating and governance committee NYSE Group. The Third Amended the proposed rule change would be of its board of directors, such as the and Restated Certificate of Incorporation consistent with and facilitate a need to periodically consider and vote of NYSE Group would be further governance and regulatory structure that on Trustees; the need to consider amended and restated to eliminate is designed to prevent fraudulent and whether any proposed action requires references to the Delaware trust in manipulative acts and practices, to approval under the Trust Agreement Article IV, Section 4(a) and (b). See promote just and equitable principles of and, if so, the obligation to prepare Exhibit 5F. trade, to foster cooperation and materials for consideration and vote by The Exchange. The Sixth Amended coordination with persons engaged in the Trustees; and the need to consider and Restated Operating Agreement of regulating, clearing, settling, processing whether any proposed action requires the Exchange would be further amended information with respect to, and an amendment to the Trust Agreement and restated to eliminate references to facilitating transactions in securities, to and, if so, the additional obligation to the Delaware trust in Section 3.03. See remove impediments to, and perfect the submit such amendment to the Exhibit 5G. mechanism of a free and open market Commission for approval under Rule NYSE MKT. The Fifth Amended and and a national market system and, in 19b–4.14 The Trust Agreement results in Restated Operating Agreement of NYSE general, to protect investors and the out-of-pocket costs to the Exchange and MKT would be further amended and public interest. As discussed above, the its affiliates including the fees of the restated to eliminate references to the Exchange believes that termination of individual Trustees and the Delaware Delaware trust in Section 3.03. See the Delaware trust will remove Trustee as well as fees of counsel Exhibit 5H. impediments to the operation of the incurred in connection with review of NYSE Market. The Second Amended Exchange by eliminating certain proposed amendments and assistance and Restated Certificate of Incorporation expenses and administrative burdens as with the SEC approval process. The of NYSE Market would be further well as the potential for uncertainty Exchange also believes that some amended and restated to eliminate among analysts and investors as to the analysts and institutional investors may references to the Delaware trust in practical implications of the Delaware not fully understand the purpose of the Article IV, Section 2. See Exhibit 5I. trust on the Exchange as a marketplace Delaware trust and may not have NYSE Regulation. The Restated and as a significant asset of ICE. For the appreciated that, even when ICE Certificate of Incorporation of NYSE same reasons, the proposed rule change controlled Euronext and European Regulation would be further amended is also designed to protect investors as regulatory considerations played a and restated to eliminate references to well as the public interest. substantial role in ICE’s corporate the Delaware trust in Article V. See B. Self-Regulatory Organization’s governance, the likelihood of the Exhibit 5J. Statement on Burden on Competition Delaware trust’s substantive provisions 2. Statutory Basis ever being invoked was, by design, The Exchange does not believe that extremely remote. The Exchange believes that the the proposed rule change will impose In light of the sale of Euronext, the proposed rule change is consistent with any burden on competition that is not revocation of the governance provisions Section 6(b) of the Exchange Act 15 in necessary or appropriate in furtherance relating to European considerations, and general, and with Section 6(b)(1) 16 in of the purposes of the Exchange Act. the cessation of application of the Dutch particular, in that it enables the Indeed, the proposed rule change would foundation to ICE and its affiliates, ICE Exchange to be so organized as to have eliminate an earlier arrangement believes it appropriate to terminate the the capacity to be able to carry out the intended in part to address potential Delaware trust in order to avoid any purposes of the Exchange Act and to competitive issues in the European future need to reassure analysts and comply, and to enforce compliance by securities markets that have abated as a investors that the trust does not impact its exchange members and persons result of ICE’s sale of the Euronext the daily operations or valuations of associated with its exchange members, securities exchanges in June 2014. The ICE’s national securities exchanges. with the provisions of the Exchange Act, proposed rule change results in no Termination of the Delaware trust the rules and regulations thereunder, concentration or other changes of would be implemented through a and the rules of the Exchange. The ownership of exchanges. unanimous written consent of all parties Delaware trust was implemented in C. Self-Regulatory Organization’s to, or otherwise bound by, the Trust response to potential concerns arising Statement on Comments on the Agreement in the form attached as under non-U.S. law and regulation at a Proposed Rule Change Received From Exhibit 5B. time when the Exchange was owned by References to the Delaware trust also a company with substantial holdings of Members, Participants, or Others would be deleted from, and related non-U.S. securities exchanges, No written comments were solicited conforming changes would be made to, substantial non-U.S. board or received with respect to the proposed rule change. 13 15 U.S.C. 78f(b). 15 15 U.S.C. 78f(b). 14 17 CFR 240.19b–4. 16 15 U.S.C. 78f(b)(1). 17 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63194 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
III. Date of Effectiveness of the filing also will be available for determining one of the two alternative Proposed Rule Change and Timing for inspection and copying at the principal minimum amounts for clearing Commission Action office of the Exchange. All comments members’ Base Guaranty Fund deposits. Within 45 days of the date of received will be posted without change; The proposed changes would only publication of this notice in the Federal the Commission does not edit personal impact the CME Base Guaranty Fund Register or within such longer period identifying information from and would not impact the CME CDS up to 90 days after publication (i) as the submissions. You should submit only Guaranty Fund. information that you wish to make Commission may designate if it finds II. Self-Regulatory Organization’s available publicly. All submissions such longer period to be appropriate Statement of the Purpose of, and and publishes its reasons for so finding should refer to File Number SR–NYSE– Statutory Basis for, the Proposed Rule or (ii) as to which the self-regulatory 2014–53 and should be submitted on or Change before November 12, 2014. organization consents, the Commission In its filing with the Commission, will: For the Commission, by the Division of CME included statements concerning (A) By order approve or disapprove Trading and Markets, pursuant to delegated 18 the purpose of and basis for the the proposed rule change, or authority. Kevin M. O’Neill, proposed rule change and discussed any (B) institute proceedings to determine comments it received on the proposed Deputy Secretary. whether the proposed rule change rule change. The text of these statements should be disapproved. [FR Doc. 2014–25079 Filed 10–21–14; 8:45 am] may be examined at the places specified BILLING CODE 8011–01–P IV. Solicitation of Comments in Item IV below. CME has prepared summaries, set forth in sections A, B, Interested persons are invited to and C below, of the most significant SECURITIES AND EXCHANGE submit written data, views, and aspects of these statements. arguments concerning the foregoing, COMMISSION A. Self-Regulatory Organization’s including whether the proposed rule [Release No. 34–73370; File No. SR–CME– change is consistent with the Act. 2014–41] Statement of the Purpose of, and Comments may be submitted by any of Statutory Basis for, the Proposed Rule the following methods: Self-Regulatory Organizations; Change Chicago Mercantile Exchange Inc.; Electronic Comments CME is registered as a derivatives Notice of Filing and Immediate clearing organization with the • Use the Commission’s Internet Effectiveness of Proposed Rule Commodity Futures Trading comment form (http://www.sec.gov/ Change to CME Rule 816 Commission (‘‘CFTC’’) and operates a rules/sro.shtml); or substantial business clearing futures and • October 16, 2014. Send an email to rule-comments@ swaps contracts subject to the Pursuant to Section 19(b)(1) of the sec.gov. Please include File Number SR– jurisdiction of the CFTC. CME is Securities Exchange Act of 1934 NYSE–2014–53 on the subject line. proposing to make certain changes to (‘‘Act’’) 1 and Rule 19b–4 thereunder 2 CME Rule 816 which governs guaranty Paper Comments notice is hereby given that, on October fund deposits. The proposed changes • 7, 2014, Chicago Mercantile Exchange Send paper comments in triplicate would only impact the CME Base Inc. (‘‘CME’’) filed with the Securities to Brent J. Fields, Secretary, Securities Guaranty Fund and would not impact and Exchange Commission and Exchange Commission, 100 F Street the CME CDS Guaranty Fund. NE., Washington, DC 20549–1090. (‘‘Commission’’) the proposed rule More specifically, the proposed All submissions should refer to File change as described in Items I, II and III changes would amend CME Rule 816 Number SR–NYSE–2014–53. This file below, which Items have been prepared (Guaranty Fund Deposit) to establish number should be included on the primarily by CME. CME filed the CME risk management staff as subject line if email is used. To help the proposal pursuant to Section 19(b)(3)(A) 3 4 responsible for determining one of the Commission process and review your of the Act, and Rule 19b–4(f)(4)(ii) two alternative minimum amounts for comments more efficiently, please use thereunder, so that the proposal was clearing members’ Base Guaranty Fund only one method. The Commission will effective upon filing with the deposits. Under current Rule 816, the post all comments on the Commission’s Commission. The Commission is minimum Base Guaranty Fund deposit Internet Web site (http://www.sec.gov/ publishing this notice to solicit of each clearing member is calculated as rules/sro.shtml). Copies of the comments on the proposed rule change the greater of (a) a minimum amount submission, all subsequent from interested persons. specified by the Clearing House Risk amendments, all written statements I. Self-Regulatory Organization’s Committee (‘‘CHRC’’) or (b) the clearing with respect to the proposed rule Statement of the Terms of Substance of member’s proportionate share of the change that are filed with the the Proposed Rule Change ‘‘Aggregate Guaranty Fund Deposit,’’ an Commission, and all written CME is proposing to make certain amount which is also determined by the communications relating to the changes to CME Rule 816 which governs CHRC. proposed rule change between the Revised Rule 816 would empower guaranty fund deposits. More Commission and any person, other than CME risk management staff rather than specifically, the proposed changes those that may be withheld from the the CHRC to determine the Aggregate would amend CME Rule 816 (Guaranty public in accordance with the Guaranty Fund Deposit, thus enabling Fund Deposit) to establish CME risk provisions of 5 U.S.C. 552, will be risk management staff to adjust the management staff as responsible for available for Web site viewing and minimum Base Guaranty Fund deposit printing in the Commission’s Public 18 17 CFR 200.30–3(a)(12). as necessary to remain in compliance Reference Room, 100 F Street NE., 1 15 U.S.C. 78s(b)(1). with CME’s financial resource Washington, DC 20549, on official 2 17 CFR 240.19b–4. requirements under applicable business days between the hours of 3 15 U.S.C. 78s(b)(3)(A). Commodity Futures Trading 10:00 a.m. and 3:00 p.m. Copies of the 4 17 CFR 240.19b–4(f)(4)(ii). Commission (‘‘CFTC’’) regulations. The
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63195
‘greater of’ measure established in Rule promoting the prompt and accurate III. Date of Effectiveness of the 816 will remain unchanged, meaning clearance of transactions and protecting Proposed Rule Change and Timing for risk management staff may not establish investors and the public interest. Commission Action a clearing member’s minimum Base Because the proposed changes are The foregoing rule change has become Guaranty Fund deposit lower than the limited in their effect to products that effective upon filing pursuant to Section minimum amount specified by the are under the exclusive jurisdiction of 19(b)(3)(A) 10 of the Act and Rule 19b– CHRC. the CFTC and are therefore offered 4(f)(4)(ii) 11 thereunder. At any time Additionally, a paragraph referencing under CME’s authority to act as a DCO, within 60 days of the filing of the Kansas City Board of Trade (‘‘KCBT’’) the proposed changes are properly proposed rule change, the Commission clearing permit holders is being classified as effecting a change in an summarily may temporarily suspend removed from CME Rule 816 as the existing service of CME that: such rule change if it appears to the permit holders’ status has expired (a) Primarily affects the clearing Commission that such action is pursuant to the terms of the KCBT- operations of CME with respect to necessary or appropriate in the public Chicago Board of Trade merger products that are not securities, interest, for the protection of investors, agreement. including futures that are not security or otherwise in furtherance of the As highlighted above, the proposed futures, swaps that are not security- purposes of the Act. changes in this filing are limited to based swaps or mixed swaps, and CME’s Base Guaranty Fund and forwards that are not security forwards; IV. Solicitation of Comments therefore do not impact CME’s CDS and Interested persons are invited to guaranty fund. The proposed rule (b) does not significantly affect any submit written data, views, and change would become effective securities clearing operations of CME or arguments concerning the foregoing, immediately but would be any rights or obligations of CME with including whether the proposed rule operationalized on October 17, 2014. respect to securities clearing or persons change is consistent with the Act. CME believes the proposed rule using such securities-clearing service. Comments may be submitted by any of change is consistent with the As such, the changes are therefore the following methods: requirements of the Exchange Act consistent with the requirements of including Section 17A of the Exchange Section 17A of the Exchange Act 7 and Electronic Comments Act.5 The proposed changes would are properly filed under Section • Use the Commission’s Internet enhance CME’s ability to manage risks 19(b)(3)(A) 8 and Rule 19b–4(f)(4)(ii) 9 comment form (http://www.sec.gov/ posed by its clearing members by thereunder. rules/sro.shtml); or enabling clearing house staff to require • Send an email to rule-comments@ a higher minimum Base Guaranty Fund B. Self-Regulatory Organization’s sec.gov. Please include File Number SR– deposit amount as needed. Allowing Statement on Burden on Competition CME–2014–41 on the subject line. staff rather than the CHRC to determine CME does not believe that the Paper Comments the Aggregate Guaranty Fund Deposit proposed rule change will have any amount provides CME with additional impact, or impose any burden, on • Send paper comments in triplicate risk management flexibility. For these competition. The proposed changes to Secretary, Securities and Exchange reasons, the proposed changes should would enhance CME’s ability to manage Commission, 100 F Street NE., be seen to promote the prompt and risks posed by its clearing members by Washington, DC 20549–1090. accurate clearance and settlement of enabling clearing house staff to require All submissions should refer to File securities transactions and, to the extent a higher minimum Base Guaranty Fund Number SR–CME–2014–41. This file applicable, derivatives agreements, deposit amount as needed. Allowing number should be included on the contracts, and transactions, to assure the staff rather than the CHRC to determine subject line if email is used. To help the safeguarding of securities and funds the Aggregate Guaranty Fund Deposit Commission process and review your which are in the custody or control of amount provides CME with additional comments more efficiently, please use the clearing agency or for which it is risk management flexibility. Further, the only one method. The Commission will responsible, and, in general, to protect proposed changes relate only to post all comments on the Commission’s investors and the public interest products that fall under the exclusive Internet Web site (http://www.sec.gov/ consistent with Section 17A(b)(3)(F) of jurisdiction of the CFTC. As such, these rules/sro.shtml). Copies of the the Exchange Act.6 proposed changes do not affect the submission, all subsequent Furthermore, the proposed changes security-based swap clearing activities amendments, all written statements are limited to CME’s Base Guaranty of CME in any way and therefore do not with respect to the proposed rule Fund, which means the proposed impose any burden on competition that change that are filed with the changes are limited in their effect to is inappropriate in furtherance of the Commission, and all written products that are under the exclusive purposes of the Act. communications relating to the jurisdiction of the CFTC. As such, the proposed rule change between the proposed CME changes are limited to C. Self-Regulatory Organization’s Commission and any person, other than CME’s activities as a DCO clearing Statement on Comments on the those that may be withheld from the products that are not security-based Proposed Rule Change Received From public in accordance with the swaps. CME notes that the policies of Members, Participants or Others provisions of 5 U.S.C. 552, will be the CFTC with respect to administering CME has not solicited, and does not available for Web site viewing and the Commodity Exchange Act are intend to solicit, comments regarding printing in the Commission’s Public comparable to a number of the policies this proposed rule change. CME has not Reference Room, 100 F Street NE., underlying the Exchange Act, such as received any unsolicited written Washington, DC 20549, on official promoting market transparency for over- comments from interested parties. business days between the hours of the-counter derivatives markets, 10:00 a.m. and 3:00 p.m. Copies of such 7 15 U.S.C. 78q–1. 5 15 U.S.C. 78q–1. 8 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78s(b)(3)(A). 6 15 U.S.C. 78q–1(b)(3)(F). 9 17 CFR 240.19b–4(f)(4)(ii). 11 17 CFR 240.19b–4(f)(4)(ii).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63196 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
filings will also be available for MIAX Rule 1107 (Arbitration) with that Rule 13000 Series of the FINRA Manual inspection and copying at the principal of another options exchange, the (Code of Arbitration Procedures for office of CME and on CME’s Web site at International Securities Exchange, LLC Customer Disputes and Code of http://www.cmegroup.com/market- (‘‘ISE’’). The text of the proposed rule Arbitration Procedures for Industry regulation/rule-filings.html. change is available on the Exchange’s Disputes, respectively) (collectively, the All comments received will be posted Web site at http:// ‘‘FINRA Code of Arbitration’’), as the without change; the Commission does www.miaxoptions.com/filter/wotitle/ same may be in effect from time to time, not edit personal identifying rule_filing, at the principal office of the would govern Exchange arbitrations information from submissions. You Exchange, and at the Commission’s except as may be specified in proposed should submit only information that Public Reference Room. Rule 1107. Definitions in the FINRA you wish to make available publicly. All Code of Arbitration would have the II. Self-Regulatory Organization’s submissions should refer to File same meaning as prescribed therein, Statement of the Purpose of, and Number SR–CME–2014–41 and should and procedures in the FINRA Code of Statutory Basis for, the Proposed Rule be submitted on or before November 12, Arbitration would have the same Change 2014. application with respect to Exchange In its filing with the Commission, the For the Commission, by the Division of arbitrations. Trading and Markets, pursuant to delegated Exchange included statements Under proposed Rule 1107, any authority.12 concerning the purpose of, and basis for, dispute, claim, or controversy arising Kevin M. O’Neill, the proposed rule change and discussed out of or in connection with the Deputy Secretary. any comments it received on the business of any member of the Exchange proposed rule change. The text of these (‘‘Member’’), or arising out of the [FR Doc. 2014–25076 Filed 10–21–14; 8:45 am] statements may be examined at the employment or termination of BILLING CODE 8011–01–P places specified in Item IV below. The employment of associated person(s) Exchange has prepared summaries, set with any Member would be arbitrable, SECURITIES AND EXCHANGE forth in sections A, B, and C below, of except that: (1) A dispute, claim, or COMMISSION the most significant aspects of such controversy alleging employment statements. discrimination (including a sexual [Release No. 34–73382; File No. SR–MIAX– harassment claim) in violation of a 2014–52] A. Self-Regulatory Organization’s Statement of the Purpose of, and statue may only be arbitrated if the parties have agreed to arbitrate it after Self-Regulatory Organizations: Miami Statutory Basis for, the Proposed Rule the dispute arose; and (2) any type of International Securities Exchange LLC; Change dispute, claim, or controversy that is not Notice of Filing and Immediate 1. Purpose permitted to be arbitrated under the Effectiveness of a Proposed Rule FINRA Code of Arbitration (such as Change To Amend MIAX Rule 1107 The Exchange proposes to amend class action claims) shall not be eligible Concerning Exchange Arbitrations MIAX Rule 1107 (Arbitration) to harmonize it with the rules of ISE in for arbitration under proposed Rule October 17, 2014. order to incorporate by reference the 1107. In addition, under the proposal Pursuant to the provisions of Section arbitration rules of Financial Industry the requirements of FINRA Rule 2268 19(b)(1) of the Securities Exchange Act Regulatory Authority, Inc. (‘‘FINRA’’).4 (Requirements When Using Predispute of 1934 (the ‘‘Act’’) 1 and Rule 19b–4 The current MIAX Rule 1107 is based Arbitration Agreements for Customer thereunder,2 notice is hereby given that on ISE Rule 1800, but incorporates by Accounts) would apply to predispute on October 2, 2014, Miami International reference the arbitration rules of the arbitration agreements between Securities Exchange LLC (‘‘MIAX’’ or Chicago Board Options Exchange Members and their customers. ‘‘Exchange’’) filed with the Securities (‘‘CBOE’’). This was appropriate when In addition, under proposed Rule and Exchange Commission the Exchange maintained a Regulatory 1107, if any matter comes to the (‘‘Commission’’) a proposed rule change Service Agreement (‘‘RSA’’) with CBOE. attention of an arbitrator during, and in as described in Items I and II below, The Exchange, however, recently connection with, the arbitrator’s which Items have been substantially entered into a RSA with FINRA, which participation in a proceeding, either prepared by the Exchange. The became effective on October 1, 2014. from the record of the proceeding or Commission is publishing this notice to The Exchange believes the proposed from material or communications solicit comments on the proposed rule rule change to reference the arbitration related to the proceeding, that the change from interested persons. The rules of FINRA is consistent with this arbitrator has reason to believe may Exchange has designated the proposed recent change in regulatory service constitute a violation of the Exchange’s rule change as constituting a ‘‘non- providers. rules or the federal securities laws, the arbitrator may initiate a referral of the controversial’’ rule change under Rule Proposed Rule Change 19b–4(f)(6) of the Act,3 which renders matter to the Exchange for disciplinary investigation; provided, however, that the proposal effective upon receipt of The Exchange proposes to replace any such referral could only be initiated this filing by the Commission. current references to CBOE arbitration rules in MIAX Rule 1107 with by an arbitrator after the matter before I. Self-Regulatory Organization’s references to the corresponding her or him has been settled or otherwise Statement of the Terms of Substance of arbitration rules of FINRA. The disposed of, or after an award finally the Proposed Rule Change proposed rule change would align disposing of the matter has been The Exchange proposes to amend its MIAX’s arbitration rule with the rendered pursuant to FINRA Rules rules to harmonize the language of arbitration rule of ISE, which also 12904 or 13904, as applicable. references FINRA’s arbitration rules.5 If the proposal is approved, the 12 17 CFR 200.30–3(a)(12). As proposed, the Rule 12000 Series and principle structure of the Exchange’s 1 15 U.S.C. 78s(b)(1). arbitration rule would remain the same, 2 17 CFR 240.19b–4. 4 See ISE Rule 1800. except that it would reference the 3 17 CFR 240.19b–4(f)(6). 5 See ISE Rule 1800. applicable FINRA arbitration rules in
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63197
lieu of the CBOE arbitration rules. In proposed rule change is not designed to the Commission believes that these addition, the proposed rule change address any competitive issues but steps help ensure that Dual Members would closely align the Exchange’s rather is designed to provide greater would be subject to a single set of SRO arbitration rule with the arbitration rule harmonization between Exchange and rules governing arbitration. The of another options exchange (ISE).6 The FINRA rules of similar purpose, Commission also believes that this Exchange believes that the proposed resulting in less burdensome and more would promote less burdensome and rule change would provide detailed efficient regulatory compliance for Dual more efficient regulatory compliance. guidelines and framework concerning Members. For these reasons, the Commission Exchange arbitrations in a manner that designates the proposed rule change to C. Self-Regulatory Organization’s is easily understood and enforceable not be operative upon filing.13 Statement on Comments on the only by Members, but also by FINRA, At any time within 60 days of the Proposed Rule Change Received From with which the Exchange recently filing of the proposed rule change, the Members, Participants, or Others entered into a RSA. Commission summarily may Written comments were neither temporarily suspend such rule change if 2. Statutory Basis solicited nor received. it appears to the Commission that such The Exchange believes that its III. Date of Effectiveness of the action is necessary or appropriate in the proposed rule change is consistent with Proposed Rule Change and Timing for public interest, for the protection of Section 6(b) of the Act,7 in general, and Commission Action investors, or otherwise in furtherance of furthers the objectives of Section 6(b)(5) the purposes of the Act. If the of the Act,8 in particular, because it is The Exchange has filed the proposed Commission takes such action, the designed to prevent fraudulent and rule change pursuant to Section Commission shall institute proceedings manipulative acts and practices, to 19(b)(3)(A) of the Act 9 and Rule 19b– under Section 19(b)(2)(B) of the Act 14 to promote just and equitable principles of 4(f)(6) thereunder.10 Because the determine whether the proposed rule trade, to foster cooperation and proposed rule change does not: (i) change should be approved or coordination with persons engaged in Significantly affect the protection of disapproved. facilitating transactions in securities, to investors or the public interest; (ii) remove impediments to and perfect the impose any significant burden on IV. Solicitation of Comments mechanisms of a free and open market competition; and (iii) become operative Interested persons are invited to and a national market system and, in for 30 days from the date on which it submit written data, views, and general, to protect investors and the was filed, or such shorter time as the arguments concerning the foregoing, public interest. Commission may designate, it has including whether the proposed rule In particular, the Exchange believes become effective pursuant to Section change is consistent with the Act. that the proposed rule change would 19(b)(3)(A) of the Act and Rule 19b– Comments may be submitted by any of provide a clear framework concerning 4(f)(6) thereunder.11 the following methods: Exchange arbitrations in a manner A proposed rule change filed under Electronic Comments designed to prevent fraudulent and Rule 19b–4(f)(6) normally does not manipulative acts and practices, and to become operative prior to 30 days after • Use the Commission’s Internet promote the protection of investors and the date of filing. However, pursuant to comment form (http://www.sec.gov/ the public interest. Further, the Rule 19b–4(f)(6)(iii),12 the Commission rules/sro.shtml); or Exchange notes that the proposed rule may designate a shorter period of time • Send an email to rule-comments@ change would provide greater if such action is consistent with the sec.gov. Please include File Number SR– harmonization between Exchange rules protection of investors and the public MIAX–2014–52 on the subject line. and the rules of similar substance and interest. The Exchange has asked the Paper Comments purpose of FINRA resulting in less Commission to waive the 30-day • burdensome and more efficient operative delay so that the proposed Send paper comments in triplicate regulatory compliance for members of rule may become operative immediately to Brent J. Fields, Secretary, Securities both MIAX and FINRA (‘‘Dual upon filing. and Exchange Commission, 100 F Street Members’’). As such, the Exchange The Commission believes that NE., Washington, DC 20549–1090. believes that the proposed rule change waiving the 30-day operative delay is All submissions should refer to File would foster cooperation and consistent with the protection of Number SR–MIAX–2014–52. This file coordination with persons engaged in investors and the public interest, number should be included on the facilitating transactions in securities and because it allows the Exchange to subject line if email is used. To help the would remove impediments to and immediately harmonize its arbitration Commission process and review your perfect the mechanism of a free and rules with those of ISE and, by comments more efficiently, please use open market and a national market extension, the FINRA Code of only one method. The Commission will system. Arbitration. The Commission notes that post all comments on the Commission’s the Exchange also recently entered into B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ an RSA with FINRA, which became Statement on Burden on Competition rules/sro.shtml). Copies of the effective on October 1, 2014. Together, submission, all subsequent The Exchange does not believe that amendments, all written statements the proposed rule change would impose 9 15 U.S.C. 78s(b)(3)(A). with respect to the proposed rule any burden on competition not 10 17 CFR 240.19b–4(f)(6). change that are filed with the 11 necessary or appropriate in furtherance Rule 19b–4(f)(6) also requires a self-regulatory Commission, and all written of the purposes of the Act. The organization (‘‘SRO’’) to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date 13 For purposes of waiving the 30-day operative 6 See Proposed MIAX Rule 1107. See also ISE of filing of the proposed rule change, or such delay, the Commission has considered the proposed Rule 1800. shorter time as designated by the Commission. The rule’s impact on efficiency, competition, and capital 7 15 U.S.C. 78f(b). Exchange has satisfied this requirement. formation. See 15 U.S.C. 78c(f). 8 15 U.S.C. 78f(b)(5). 12 17 CFR 240.19b–4(f)(6)(iii). 14 15 U.S.C. 78s(b)(2)(B).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63198 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
communications relating to the rule change was published for comment trading of Managed Fund Shares on the proposed rule change between the in the Federal Register on July 23, Exchange. The Shares will be offered by Commission and any person, other than 2014.3 On August 15, 2014, the the Alpha Architect ETF Trust those that may be withheld from the Exchange filed Amendment No. 1 to the (‘‘Trust’’), which was established as a public in accordance with the proposed rule change, which amended Delaware statutory trust and is provisions of 5 U.S.C. 552, will be and replaced the proposal in its entirety. registered with the Commission as an available for Web site viewing and On August 26, 2014, the Exchange filed open-end investment company.6 printing in the Commission’s Public Amendment No. 2 to the proposed rule Empowered Funds, LLC is the Reference Room, 100 F Street NE., change, which also amended and investment adviser (‘‘Adviser’’) to the Washington, DC 20549–1090, on official replaced the proposal in its entirety. Funds.7 The Adviser is not a registered business days between the hours of The Commission designated a longer broker-dealer and is not affiliated with 10:00 a.m. and 3:00 p.m. Copies of the period for Commission action on any broker-dealers.8 U.S. Bancorp Fund filing also will be available for September 5, 2014.4 On September 12, Services, LLC is the administrator and inspection and copying at the principal 2014, the Exchange filed Amendment transfer agent for the Trust. U.S. Bank office of the Exchange. All comments No. 3 to the proposed rule change, National Association is the custodian received will be posted without change; which again amended and replaced the for the Trust. Quasar Distributors, LLC the Commission does not edit personal proposal in its entirety.5 No comments serves as the distributor for the Trust.9 identifying information from on the proposal have been received. A. ValueShares U.S. Quantitative Value submissions. You should submit only This order approves the proposed rule ETF information that you wish to make change, as modified by Amendment No. available publicly. 3, on an accelerated basis. The investment objective of the Fund All submissions should refer to File is to provide long-term capital Number SR–MIAX–2014–52 and should I. Description of the Proposed Rule appreciation. Under normal be submitted on or before November 12, Change circumstances,10 the Fund will invest at 2014. The Exchange proposes to list and 6 The Trust and has filed a registration statement For the Commission, by the Division of trade the Shares under BATS Rule 14.11(i), which governs the listing and on behalf of the Funds on Form N–1A Trading and Markets, pursuant to delegated (‘‘Registration Statement’’) with the Commission. authority.15 See Registration Statement on Form N–1A for the Kevin M. O’Neill, 3 See Securities Exchange Act Release No. 72636 Trust, dated April 25, 2014 (File Nos. 333–195493 (July 17, 2014), 79 FR 42852. and 811–22961). The Commission has issued an Deputy Secretary. 4 See Securities Exchange Act Release No. 73003, order granting certain exemptive relief to the Trust [FR Doc. 2014–25148 Filed 10–21–14; 8:45 am] 79 FR 54307 (September 11, 2014). under the Investment Company Act of 1940 (15 5 BILLING CODE 8011–01–P Amendment No. 3 modified the proposed rule U.S.C. 80a–1) (‘‘1940 Act’’). See Investment change by clarifying the holdings of the Funds, Company Act Release No. 31018 (April 16, 2014) clarifying the valuation of various assets for (File No. 812–14245). purposes of calculating the net asset value (‘‘NAV’’) 7 The Adviser is an indirect subsidiary of SECURITIES AND EXCHANGE of each Fund, providing more information regarding Empirical Finance, LLC d/b/a Empiritrage, LLC. COMMISSION the Share creation and redemption process, and 8 BATS Rule 14.11(i)(7) provides that, if the adding information regarding its surveillance investment adviser to the investment company [Release No. 34–73376; File No. SR–BATS– capability. With respect to the Funds’ holdings, the issuing Managed Fund Shares is affiliated with a 2014–026] Exchange specified: (1) That the common stock, broker-dealer, the investment adviser shall erect a preferred stock, international stocks, and depositary firewall between the investment adviser and the Self-Regulatory Organizations; BATS receipts that may be held by the Funds (as broker-dealer with respect to access to information Exchange, Inc.; Notice of Filing of applicable) will all be exchange-listed (except that concerning the composition of or changes to the up to 10% the portfolios of the international Funds Amendment No. 3, and Order Granting investment company portfolio. In addition, Rule may be composed of unsponsored depositary 14.11(i)(7) further requires that personnel who Accelerated Approval of a Proposed receipts); (2) the types of fixed income securities make decisions on the investment company’s Rule Change To List and Trade Shares that may be held by each of the Funds; (3) that the portfolio composition must be subject to procedures of Certain Funds of the Alpha Architect debt securities held by the ValueShares U.S. designed to prevent the misuse and dissemination Quantitative Value ETF and the MomentumShares ETF Trust of material nonpublic information regarding the U.S. Quantitative Momentum ETF would be applicable investment company portfolio. The investment grade; (4) that the Funds would not October 16, 2014. Exchange states that, in the event that (a) the invest in private investment funds, vehicles or Adviser becomes registered as a broker-dealer or On July 3, 2014, BATS Exchange, Inc. structures; (5) that the 15% limit on illiquid assets newly affiliated with a broker-dealer, or (b) any new applicable to each Fund is an overarching (‘‘Exchange’’ or ‘‘BATS’’) filed with the adviser or sub-adviser is a registered broker-dealer investment restriction; and (6) the depositary or becomes affiliated with a broker-dealer, it will Securities and Exchange Commission receipts in which the ValueShares International implement a firewall with respect to its relevant (‘‘Commission’’), pursuant to Section Quantitative Value ETF and MomentumShares personnel or such broker-dealer affiliate, as International Quantitative Momentum ETF 19(b)(1) of the Securities Exchange Act applicable, regarding access to information (collectively, ‘‘International Funds’’) may invest. of 1934 (‘‘Act’’) 1 and Rule 19b–4 concerning the composition of or changes to the With respect to NAV calculation, the Exchange: (1) 2 portfolio, and will be subject to procedures thereunder, a proposed rule change to Clarified the method for valuation of exchange- designed to prevent the use and dissemination of list and trade shares (‘‘Shares’’) of each listed securities; (2) stated that non-exchange-listed material non-public information regarding the of the following funds: (1) ValueShares equity securities would be valued at their last reported sale prices or, if no last reported sale price portfolio. U.S. Quantitative Value ETF; (2) 9 is available, at the most recent bid price; and (3) Additional information regarding the Trust, the ValueShares International Quantitative clarified that fixed income securities (with the Funds, the Shares, investment strategies, Value ETF; (3) MomentumShares U.S. exception of repurchase agreements) would be investment restrictions, risks, NAV calculation, Quantitative Momentum ETF; and (4) valued by pricing services. With respect to Share creation and redemption procedures, fees, portfolio holdings, disclosure policies, distributions, and MomentumShares International creations and redemptions, the Exchange provided additional information regarding the circumstances taxes, among other information, is included in Quantitative Momentum ETF (each in which a Fund may accept a custom fund deposit Amendment No. 3 and the Registration Statement, referred to as the ‘‘Fund’’ and in connection with Share creations as well as the as applicable. See Amendment No. 3 and collectively the ‘‘Funds’’). The proposed daily dissemination of the redemption basket. Registration Statement, supra note 5 and 6, Lastly, the Exchange stated that it is able to access, respectively. as needed, trade information for certain fixed 10 The term ‘‘under normal circumstances’’ 15 17 CFR 200.30–3(a)(12). income instruments reported to the Trade Reporting includes, but is not limited to, the absence of 1 15 U.S.C. 78s(b)(1). and Compliance Engine (‘‘TRACE’’) of the Financial adverse market, economic, political, or other 2 17 CFR 240.19b–4. Industry Regulatory Authority (‘‘FINRA’’). conditions, including extreme volatility or trading
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63199
least 80% of its net assets, plus any Obligations of the U.S. government, its ISG or are parties to a comprehensive borrowings for investment purposes, in agencies and instrumentalities; surveillance sharing agreement with the exchange-listed common stock of U.S. corporate debt securities; master- Exchange. companies. demand notes; bank certificates of Other Portfolio Holdings. The Fund Other Portfolio Holdings. The Fund deposit; time deposits; bankers’ may invest in exchange-listed preferred may invest in exchange-listed preferred acceptances; commercial paper and stocks. The Fund may enter into stocks. The Fund may enter into other notes; and inflation-indexed repurchase agreements with banks and repurchase agreements with banks and securities. All debt securities held by broker-dealers. The Fund may invest in broker-dealers. The Fund may invest in the Fund will be investment grade. The the following types of debt securities: debt securities by purchasing the Fund may also invest in the securities Obligations of the U.S. government, its following: Obligations of the U.S. of other investment companies agencies and instrumentalities; government, its agencies and (including money market funds and corporate debt securities; master- instrumentalities; corporate debt ETFs) to the extent permitted under the demand notes; bank certificates of securities; master-demand notes; bank 1940 Act, Commission rules thereunder deposit; time deposits; bankers’ certificates of deposit; time deposits; and exemptions thereto. acceptances; commercial paper and bankers’ acceptances; commercial paper other notes; and inflation-indexed and other notes; and inflation-indexed C. MomentumShares U.S. Quantitative Momentum ETF securities. All debt securities held by securities. All debt securities held by the Fund will be investment grade. The the Fund will be investment grade. The The investment objective of the Fund Fund may also invest in the securities Fund may also invest in the securities is to provide long-term capital of other investment companies of other investment companies appreciation. Under normal (including money market funds and (including money market funds and circumstances, the Fund will invest at ETFs) to the extent permitted under the ETFs) to the extent permitted under the least 80% of its net assets, plus any 1940 Act, Commission rules thereunder 1940 Act, Commission rules thereunder borrowings for investment purposes, in and exemptions thereto. and exemptions thereto. exchange-listed common stock of U.S. companies. The Fund may invest in II. Discussion B. ValueShares International securities of companies in any industry Quantitative Value ETF After careful review, the Commission and of any market capitalization. finds that the proposed rule change is The investment objective of the Fund Other Portfolio Holdings. The Fund consistent with the requirements of is to provide long-term capital may invest in exchange-listed preferred Section 6 of the Act and the rules and appreciation. To achieve its objective, stocks. The Fund may enter into regulations thereunder applicable to a under normal circumstances, the Fund repurchase agreements with banks and national securities exchange.13 In will invest at least 65%—but generally broker-dealers. The Fund may invest in particular, the Commission finds that greater than 80%—of its net assets, plus the following types of debt securities: the proposed rule change is consistent any borrowings for investment Obligations of the U.S. government, its with Section 6(b)(5) of the Act, which purposes, in equity securities of agencies and instrumentalities; requires, among other things, that the international companies.11 Specifically, corporate debt securities; master- Exchange’s rules be designed to prevent the Fund may invest in exchange-listed demand notes; bank certificates of fraudulent and manipulative acts and common stock of international deposit; time deposits; bankers’ practices, to promote just and equitable companies, American Depositary acceptances; commercial paper and principles of trade, to remove Receipts, Global Depositary Receipts, other notes; and inflation-indexed impediments to and perfect the and European Depositary Receipts securities. All debt securities held by mechanism of a free and open market (collectively, ‘‘Depositary Receipts’’). the Fund will be investment grade. The and a national market system, and, in Among the international stocks and Fund may also invest in the securities general, to protect investors and the Depositary Receipts held by the Fund, at of other investment companies public interest. The Commission also least 90% of that part of the portfolio (including money market funds and finds that the proposal to list and trade will consist of securities that trade in ETFs) to the extent permitted under the the Shares on the Exchange is consistent markets that are members of the 1940 Act, Commission rules thereunder with Section 11A(a)(1)(C)(iii) of the Act, Intermarket Surveillance Group (‘‘ISG’’) and exemptions thereto. or are parties to a comprehensive which sets forth Congress’s finding that D. MomentumShares International surveillance sharing agreement with the it is in the public interest and Quantitative Momentum ETF Exchange.12 appropriate for the protection of Other Portfolio Holdings. The Fund The investment objective of the Fund investors and the maintenance of fair may invest in exchange-listed preferred is to provide long-term capital and orderly markets to assure the stocks. The Fund may enter into appreciation. To achieve its objective, availability to brokers, dealers, and repurchase agreements with banks and under normal circumstances, the Fund investors of information with respect to broker-dealers. The Fund may invest in will invest at least 65%—but generally quotations for, and transactions in, the following types of debt securities: greater than 80%—of its net assets, plus securities. any borrowings for investment According to the Exchange, quotation halts in the financial markets generally; operational purposes, in exchange-listed common and last-sale information for the Shares issues causing dissemination of inaccurate market stock of international companies and will be available on the facilities of the information; or force majeure type events such as Depositary Receipts. The Fund may Consolidated Tape Association, and the systems failure, natural or man-made disaster, act previous day’s closing price and trading of God, armed conflict, act of terrorism, riot, or invest in securities of companies in any labor disruption, or any similar intervening industry and of any market volume information for the Shares will circumstance. capitalization. Among the international be published daily in the financial 11 The Fund may invest in securities of stocks and Depositary Receipts held by companies in any industry and of any market 13 In approving this proposed rule change, the capitalization. the Fund, at least 90% of that part of the Commission has considered the proposed rule’s 12 For a list of the current members and affiliate portfolio will consist of securities that impact on efficiency, competition, and capital members of ISG, see www.isgportal.com. trade in markets that are members of the formation. See 15 U.S.C. 78c(f).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63200 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
section of newspapers. Additionally, include a form of the prospectus for the adviser or sub-adviser is a registered information regarding market price and Funds and additional data relating to broker-dealer or becomes affiliated with trading of the Shares will be continually NAV and other applicable quantitative a broker-dealer, it will implement a fire available on a real-time basis throughout information. wall with respect to its relevant the day on brokers’ computer screens The Commission further believes that personnel or such broker-dealer affiliate, and other electronic services. The the proposal to list and trade the Shares as applicable, regarding access to Exchange states that intraday, is reasonably designed to promote fair information concerning the composition executable price quotations on U.S. and disclosure of information that may be of or changes to the portfolio, and will non-U.S. securities as well as other necessary to price the Shares be subject to procedures designed to assets are available from major broker- appropriately and to prevent trading prevent the use and dissemination of dealer firms, and, for exchange-traded when a reasonable degree of material non-public information assets, such intraday information is transparency cannot be assured. The regarding such portfolio. available directly from the applicable Commission notes that the Exchange The Exchange deems the Shares to be listing exchange. Further, the Exchange will obtain a representation from the equity securities, thus rendering trading states that intraday price information is issuer of the Shares that the NAV per in the Shares subject to the Exchange’s available through subscription services. Share of each Fund will be calculated existing rules governing the trading of Pricing information for securities not daily and that the NAV and the equity securities. The Commission notes listed on an exchange or national Disclosed Portfolio will be made that the Funds and the Shares must securities market and repurchase available to all market participants at comply with the requirements of BATS agreements will be available from major the same time. In addition, trading in Rule 14.11(i) for the Shares to be listed broker-dealer firms and from the Shares would be subject to BATS and traded on the Exchange. subscription services, such as Rules 11.18 and 14.11(i)(4)(B)(iv), which Additionally, in support of its Bloomberg, Thomson Reuters and set forth circumstances under which proposal, the Exchange has made the International Data Corporation. trading in the Shares may be halted. following representations: In addition, the Intraday Indicative Trading may be halted because of (1) The Shares will be subject to Value, as defined in defined in BATS market conditions or for reasons that, in BATS Rule 14.11(i), which sets forth the Rule 14.11(i)(3)(C), will be widely the view of the Exchange, make trading initial and continued listing criteria disseminated at least every 15 seconds in the Shares inadvisable. These may applicable to Managed Fund Shares. during the Exchange’s Regular Trading include: (1) The extent to which trading (2) The Exchange has appropriate Hours.14 On each business day, before is not occurring in the securities or the rules to facilitate transactions in the commencement of trading in Shares financial instruments composing the Shares during all trading sessions. during Regular Trading Hours on the Disclosed Portfolio of a Fund; or (2) (3) Trading of the Shares through the Exchange, the Funds will disclose the whether other unusual conditions or Exchange will be subject to the identities and quantities of the portfolio circumstances detrimental to the Exchange’s surveillance procedures for of securities and other assets held by maintenance of a fair and orderly derivative products, including Managed each Fund that will form the basis for market are present. Further, the Fund Shares, which are adequate to the Fund’s calculation of NAV at the Commission notes that the Reporting properly monitor the trading of the end of the business day (‘‘Disclosed Authority that provides the Disclosed Shares on the Exchange during all Portfolio’’).15 The NAV of each Fund Portfolio of each Fund must implement trading sessions and to deter and detect will be calculated each business day as and maintain, or be subject to, violations of Exchange rules and the of the close of regular trading on the procedures designed to prevent the use applicable federal securities laws. New York Stock Exchange (normally and dissemination of material, non- (4) Prior to the commencement of 4:00 p.m. Eastern Time) on each day the public information regarding the actual trading, the Exchange will inform its New York Stock Exchange is open for components of the portfolio.16 In members in an Information Circular of trading. Portfolio composition files will addition, the Exchange may obtain the special characteristics and risks be sent via the National Securities information regarding trading in the associated with trading the Shares. Clearing Corporation and made Shares and the underlying shares of Specifically, the Information Circular available on each business day, prior to exchange-listed equity securities via the will discuss the following: (a) The the opening of business on the Exchange ISG, from other exchanges that are procedures for purchases and (currently 9:30 a.m., Eastern time), and members or affiliates of the ISG, or with redemptions of Shares in Creation Units will include a list of the names and the which the Exchange has entered into a (and that Shares are not individually required number of shares of each comprehensive surveillance sharing redeemable); (b) BATS Rule 3.7, which security in the in-kind creation basket agreement. The Commission also notes imposes suitability obligations on (based on information about the Fund’s that the Exchange is able to access, as Exchange members with respect to portfolio at the end of the previous needed, trade information for certain recommending transactions in the business day) and a list of the names fixed income securities held by the Shares to customers; (c) how and the number of shares of each Funds reported to TRACE. The information regarding the Intraday security in the in-kind redemption Exchange represents that it prohibits the Indicative Value is disseminated; (d) the basket. The Web site for the Funds will distribution of material non-public risks involved in trading the Shares information by its employees. The during the Pre-Opening 17 and After 14 Currently, it is the Exchange’s understanding Exchange represents that the Adviser is 18 that several major market data vendors display or Hours Trading Sessions when an not a registered broker-dealer and is not updated Intraday Indicative Value will make widely available Intraday Indicative Values affiliated with any broker-dealers. The published via the CTA or other data feeds. not be calculated or publicly 15 The Disclosed Portfolio will include, as Exchange represents that, in the event disseminated; (e) the requirement that applicable, the names, quantity, percentage that (a) the Adviser becomes registered weighting and market value of securities and other as a broker-dealer or newly affiliated assets held by the Fund and the characteristics of 17 The Pre-Opening Session is from 8:00 a.m. to such assets. The Funds will disseminate the with a broker-dealer, or (b) any new 9:30 a.m. Eastern Time. Disclosed Portfolios through their Web site at no 18 The After Hours Trading Session is from 4:00 charge. 16 See BATS Rule 14.11(i)(4)(B)(ii)(b). p.m. to 5:00 p.m. Eastern Time.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63201
members deliver a prospectus to All submissions should refer to File by Amendment No. 3, on an accelerated investors purchasing newly issued Number SR–BATS–2014–026. This file basis.20 Shares prior to or concurrently with the number should be included on the V. Conclusion confirmation of a transaction; and (f) subject line if email is used. To help the trading information. Commission process and review your It is therefore ordered, pursuant to (5) For initial and continued listing, comments more efficiently, please use Section 19(b)(2) of the Act, that the the Funds will be in compliance with only one method. The Commission will proposed rule change (SR–BATS–2014– Rule 10A–3 under the Exchange Act. post all comments on the Commission’s 026), as modified by Amendment No. 3, (6) A Fund may hold up to an Internet Web site (http://www.sec.gov/ be, and it hereby is, approved on an aggregate amount of 15% of its net rules/sro.shtml). Copies of the accelerated basis. assets (calculated at the time of submission, all subsequent For the Commission, by the Division of investment) in assets deemed illiquid by amendments, all written statements Trading and Markets, pursuant to delegated the Adviser, consistent with with respect to the proposed rule authority.21 Commission guidance. change that are filed with the Kevin M. O’Neill, (7) A minimum of 100,000 Shares of Commission, and all written Deputy Secretary. communications relating to the each Fund will be outstanding at the [FR Doc. 2014–25081 Filed 10–21–14; 8:45 am] proposed rule change between the commencement of trading on the BILLING CODE 8011–01–P Exchange. Commission and any person, other than (8) With respect to their investments those that may be withheld from the in exchange-listed common stocks and public in accordance with the SECURITIES AND EXCHANGE Depositary Receipts, the International provisions of 5 U.S.C. 552, will be COMMISSION Funds will invest at least 90% of their available for Web site viewing and assets invested in such securities in printing in the Commission’s Public [Release No. 34–73372; File No. SR– NYSEMKT–2014–83] exchange-listed common stocks and Reference Room, 100 F Street NE., Washington, DC 20549, on official Depositary Receipts that trade in Self-Regulatory Organizations; NYSE markets that are members of the ISG or business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the MKT LLC; Notice of Filing of Proposed are parties to a comprehensive Rule Change in Connection With the surveillance sharing agreement with the filing also will be available for inspection and copying at the principal Proposed Termination of the Amended Exchange. and Restated Trust Agreement, Dated (9) All of the debt securities held by office of the Exchange. All comments received will be posted without change; as of November 13, 2013 and Amended the Funds will be rated investment the Commission does not edit personal on June 2, 2014 By and Among NYSE grade. identifying information from Holdings LLC, a Delaware Limited This approval order is based on all of submissions. You should submit only Liability Company, NYSE Group, Inc., a the Exchange’s representations and information that you wish to make Delaware Corporation, Wilmington description of the Funds, including available publicly. All submissions Trust Company, as Delaware Trustee, those set forth above and in Amendment should refer to File Number SR–BATS– and Each of Jacques de Larosie`re de No. 3. 2014–026 and should be submitted on Champfeu, Alan Trager and John For the foregoing reasons, the or before November 12, 2014. Shepard Reed, as Trustees Commission finds that the proposed rule change, as modified by Amendment IV. Accelerated Approval of Proposed October 16, 2014. No. 3, is consistent with Section 6(b)(5) Rule Change, as Modified by Pursuant to Section 19(b)(1) 1 of the of the Act and the rules and regulations Amendment No. 3 Securities Exchange Act of 1934 (the thereunder applicable to a national The Commission finds good cause to ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 securities exchange. approve the proposed rule change, as notice is hereby given that, on October modified by Amendment No. 3, prior to 8, 2014, NYSE MKT LLC (the III. Solicitation of Comments on the thirtieth day after the date of ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with Amendment No. 3 publication of notice of Amendment No. the Securities and Exchange Interested persons are invited to 3 in the Federal Register. Amendment Commission (the ‘‘Commission’’) the submit written data, views, and No. 3 supplements the proposed rule proposed rule change as described in arguments concerning the foregoing, change by, among other things: (1) Items I and II below, which Items have including whether Amendment No. 3 is Clarifying the holdings of the Funds; (2) been prepared by the self-regulatory consistent with the Act. Comments may providing additional information organization. The Commission is be submitted by any of the following regarding the NAV valuation of certain publishing this notice to solicit methods: of the Funds’ holdings; (3) and comments on the proposed rule change supplemented the description of the from interested persons. Electronic Comments Exchange’s surveillance capabilities.19 • I. Self-Regulatory Organization’s Use the Commission’s Internet This additional information has aided Statement of the Terms of Substance of comment form (http://www.sec.gov/ the Commission’s analysis of the intra- the Proposed Rule Change rules/sro.shtml); or day trading of the Shares and has • Send an email to rule-comments@ clarified the Exchange’s ability to obtain The Exchange proposes this rule filing sec.gov. Please include File Number SR– trading information regarding the in connection with the proposed BATS–2014–026 on the subject line. underlying assets and thereby monitor trading in the Shares. Accordingly, the 20 This approval order is based on all of the Paper Comments Exchange’s representations and description of the Commission finds good cause, pursuant • Funds set forth above and in Amendment No. 3. Send paper comments in triplicate to Section 19(b)(2) of the Act, to approve 21 17 CFR 200.30–3(a)(57). to Secretary, Securities and Exchange the proposed rule change, as modified 1 15 U.S.C. 78s(b)(1). Commission, 100 F Street NE., 2 15 U.S.C. 78a. Washington, DC 20549–1090. 19 See note 5, supra. 3 17 CFR 240.19b–4.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63202 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
termination of the Amended and Exchange, Inc., a Delaware corporation and a form of unanimous written Restated Trust Agreement, dated as of (‘‘ICE’’), of Euronext N.V. (‘‘Euronext’’) consent of all parties to, or otherwise November 13, 2013 and amended on in June 2014 and certain changes in the bound by, the Trust Agreement June 2, 2014 (the ‘‘Trust Agreement’’), corporate governance of ICE, ICE resolving that the Delaware trust be by and among NYSE Holdings LLC, a Holdings and NYSE Holdings that terminated is attached as Exhibit 5B. Delaware limited liability company occurred upon such sale.5 The terms of the Dutch foundation and the Delaware trust are complex. An (‘‘NYSE Holdings’’), NYSE Group, Inc., Background a Delaware corporation (‘‘NYSE explanation of the terms is included in Group’’), Wilmington Trust Company, In 2007, NYSE Group, which is the the NYSE Euronext Notice. Subsequent as Delaware Trustee, and each of 100% owner of NYSE MKT, combined modifications to the arrangements, to Jacques de Larosie`re de Champfeu, Alan with Euronext (the ‘‘Combination’’). The the extent relevant to the proposed rule Trager and John Shepard Reed, as new parent company formed in the change, are described herein. The Dutch Trustees. The text of the proposed rule Combination, NYSE Euronext, operated foundation and the Delaware trust change is available on the Exchange’s several regulated entities in the United remained in effect after the merger of Web site at www.nyse.com, at the States and various jurisdictions in ICE Holdings (then known as principal office of the Exchange, and at Europe. In the Commission’s notice IntercontinentalExchange, Inc.) and the Commission’s Public Reference relating to the proposed Combination, NYSE Euronext in 2013 under ICE (then Room. NYSE MKT emphasized the importance known as IntercontinentalExchange of continuing to regulate marketplaces Group, Inc.) as a new public holding II. Self-Regulatory Organization’s locally: company. However, in connection with Statement of the Purpose of, and A core aspect of the structure of the ICE’s announced plan to sell the Statutory Basis for, the Proposed Rule Combination is continued local regulation of Euronext securities exchanges in an Change the marketplaces. Accordingly, the initial public offering, the Dutch In its filing with the Commission, the Combination is premised on the notion that Ministry of Finance permitted self-regulatory organization included . . . [c]ompanies listing their securities only modifications of the terms of the on markets operated by Euronext and its governing document of the Dutch statements concerning the purpose of, subsidiaries will not become newly subject to and basis for, the proposed rule change U.S. laws or regulation by the SEC as a result foundation under which the powers of and discussed any comments it received of the Combination, and companies listing the Dutch foundation would cease to on the proposed rule change. The text their securities only on the Exchange or apply to ICE and its affiliates at such of those statements may be examined at NYSE Arca, will not become newly subject time as ICE ceased to hold a the places specified in Item IV below. to European rules or regulation as a result of ‘‘controlling interest’’ in Euronext, with 6 The Exchange has prepared summaries, the Combination. ‘‘controlling interest’’ defined by set forth in sections A, B, and C below, In connection with obtaining reference to the definition of ‘‘control’’ of the most significant parts of such regulatory approval of the Combination, under Rule 10 of the International statements. NYSE Euronext implemented certain Financial Reporting Standards (‘‘IFRS special arrangements consisting of two 10’’).7 In June 2014 ICE announced that A. Self-Regulatory Organization’s standby structures, one involving a it had sold all but approximately 6% of Statement of the Purpose of, and Dutch foundation (Stichting) and one the ownership interest in Euronext in an Statutory Basis for, the Proposed Rule involving a Delaware trust. The Dutch underwritten public offering outside the Change foundation was empowered to take United States.8 Upon application by 1. Purpose actions to mitigate the effects of any ICE, the Dutch Ministry of Finance material adverse change in U.S. law that confirmed on July 16, 2014 that the NYSE MKT seeks approval for its had an ‘‘extraterritorial’’ impact on non- conditions to the cessation of the 100% direct parent, NYSE Group, and U.S. issuers listed on Euronext markets, application of the Dutch foundation to its 100% indirect parent, NYSE non-U.S. financial services firms that ICE had been satisfied or waived.9 As a Holdings, to terminate the Trust were members of Euronext markets or result, ICE and its subsidiaries are no 4 Agreement. NYSE MKT believes that holders of exchange licenses with longer subject to the provisions of the the regulatory considerations that led to respect to the Euronext markets. The Dutch foundation. the implementation of the Trust Delaware trust was empowered to take In the 2013 merger, NYSE Euronext Agreement in 2007 are now moot as a actions to mitigate the effects of any was succeeded by the entity now known result of the sale by Intercontinental material adverse change in European as NYSE Holdings, which is currently a law that had an ‘‘extraterritorial’’ impact party to the Trust Agreement. At that 4 ICE, a public company listed on the New York time, references to the nominating and Stock Exchange, LLC (the ‘‘NYSE’’), owns 100% of on the non-European issuers listed on Intercontinental Exchange Holdings, Inc., a NYSE Group securities exchanges, non- governance committee of the board of Delaware corporation (‘‘ICE Holdings’’), which in European financial services firms that directors of NYSE Euronext, which turn owns 100% of NYSE Holdings. Through ICE were members of any NYSE Group selected the Trustees of the Delaware Holdings, NYSE Holdings and NYSE Group, ICE trust, were replaced by references to the indirectly owns (1) 100% of the equity interest of securities market or holders of exchange three registered national securities exchanges and licenses with respect to the NYSE Group self-regulatory organizations (together, the ‘‘NYSE securities exchanges. 7 Excerpts from the Further Amended and Exchanges’’)—the Exchange, NYSE Arca, Inc. The current form of the Trust Restated Governance and Option Agreement, dated March 21, 2014, among the Dutch foundation, (‘‘NYSE Arca’’) and the NYSE—and (2) 100% of the Agreement is attached as Exhibit 5A, equity interest of NYSE Market (DE), Inc. (‘‘NYSE Euronext Group N.V. and ICE are attached as Market’’), NYSE Regulation, Inc. (‘‘NYSE Exhibit 5C. Regulation’’), NYSE Arca L.L.C., NYSE Arca 5 The Exchange’s affiliates, the NYSE and NYSE 8 ICE’s press release dated June 24, 2014 is Equities, Inc. and NYSE Amex Options LLC. See Arca, have also submitted the same proposed rule available at the following link: http://ir.theice.com/ Exchange Act Release No. 70210 (August 15, 2013) change to terminate the Trust Agreement. See SR– investors-and-media/press/press-releases/press- (SR–NYSEMKT–2013–50), 78 FR 51758 (August 21, NYSEArca–2014–112 and SR–NYSE–2014–53. release-details/2014/Intercontinental-Exchange- 2013) (approving proposed rule change relating to 6 See Exchange Act Release No. 55026 (Dec. 29, Announces-Closing-of-Euronext-Initial-Public- a corporate transaction in which NYSE Euronext 2006) (SR–NYSE–2006–120), 72 FR 814, 816–817 Offering/default.aspx. will become a wholly owned subsidiary of (January 8, 2007) (the ‘‘NYSE Euronext Notice’’). 9 An English translation of the Dutch Ministry of IntercontinentalExchange Group, Inc.). NYSE Euronext acquired NYSE MKT in 2008. Finance’s letter is attached as Exhibit 5D.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63203
nominating and governance committee that the Dutch which functioned as a believes it is appropriate to terminate of the board of directors of ICE.10 Other European analog to the Delaware trust, the Delaware trust in order to avoid any provisions of the Trust Agreement are ceased to have any authority over ICE future need to reassure analysts and substantially unchanged.11 and its subsidiaries upon the closing of investors that the trust does not impact In connection with the Combination the sale of Euronext.12 NYSE MKT the daily operations or valuations of of NYSE Group and Euronext in 2007 believes that the prospect for any ICE’s national securities exchanges. and the establishment of the Dutch material adverse change in European Termination of the Delaware trust foundation and the Delaware trust, the law that would have an would be implemented through a Certificate of Incorporation and Bylaws ‘‘extraterritorial’’ impact on the non- unanimous written consent of all parties of NYSE Euronext included several European issuers listed on NYSE Group to, or otherwise bound by, the Trust provisions relating to representation of securities exchanges, non-European Agreement in the form attached as European interests on the board of financial services firms that are Exhibit 5B. directors and other provisions requiring members of any NYSE Group securities References to the Delaware trust also the board to give due consideration to market or holders of exchange licenses would be deleted from, and related European regulatory requirements and with respect to the NYSE Group conforming changes would be made to, the interests of identified categories of securities exchanges is now remote. the constituent documents of NYSE European stakeholders. These Continuance of the Trust Agreement Holdings, NYSE Group, NYSE MKT, the provisions are summarized in the NYSE when it no longer furthers the purposes Exchange, NYSE Market and NYSE Euronext Notice. Each such provision of Section 6(b) of the Exchange Act 13 Regulation. In particular: was subject to automatic revocation in also imposes certain administrative NYSE Holdings. The Fifth Amended the event that NYSE Euronext no longer burdens and costs upon NYSE MKT and and Restated Limited Liability Company held a controlling interest in Euronext its affiliates, and may cause investor Agreement of NYSE Holdings would be or certain of its subsidiaries. For this uncertainty, that create impediments to further amended and restated to purpose, ‘‘controlling interest’’ was a free and open market. Specifically, the eliminate the definition of the term defined to mean 50% or more of the Trust Agreement imposes ‘‘Trust’’ in Section 1.1 and the outstanding shares of each class of administrative burdens on ICE and the references to the Delaware trust in voting securities and of the combined nominating and governance committee Section 7.2. See Exhibit 5E. voting power of outstanding voting of its board of directors, such as the NYSE Group. The Third Amended securities entitled to vote generally in need to periodically consider and vote and Restated Certificate of Incorporation the election of directors. Substantially on Trustees; the need to consider of NYSE Group would be further identical provisions were added to the whether any proposed action requires amended and restated to eliminate Certificate of Incorporation and Bylaws approval under the Trust Agreement references to the Delaware trust in of ICE and ICE Holdings, and were and, if so, the obligation to prepare Article IV, Section 4(a) and (b). See retained in the Operating Agreement of materials for consideration and vote by Exhibit 5F. NYSE Holdings, when ICE acquired the Trustees; and the need to consider The Exchange. The Sixth Amended NYSE Euronext in 2013, except that the whether any proposed action requires and Restated Operating Agreement of ‘‘controlling interest’’ test was modified an amendment to the Trust Agreement the Exchange would be further amended to become a ‘‘control’’ test under IFRS and, if so, the additional obligation to and restated to eliminate references to 10, as described above with respect to submit such amendment to the the Delaware trust in Section 3.03. See the Dutch foundation. As a result of the Commission for approval under Rule Exhibit 5G. initial public offering of Euronext, ICE 19b–4.14 The Trust Agreement results in NYSE MKT. The Fifth Amended and has established that it no longer controls out-of-pocket costs to NYSE MKT and Restated Operating Agreement of NYSE Euronext within the meaning of IFRS its affiliates including the fees of the MKT would be further amended and 10, and the provisions of the constituent individual Trustees and the Delaware restated to eliminate references to the documents of ICE, ICE Holdings and Trustee as well as fees of counsel Delaware trust in Section 3.03. See NYSE Holdings have automatically and incurred in connection with review of Exhibit 5H. without further action become void and proposed amendments and assistance NYSE Market. The Second Amended are of no further force and effect. with the SEC approval process. NYSE and Restated Certificate of Incorporation MKT also believes that some analysts of NYSE Market would be further Proposed Rule Change and institutional investors may not fully amended and restated to eliminate NYSE MKT requests approval to understand the purpose of the Delaware references to the Delaware trust in terminate the Delaware trust because it trust and may not have appreciated that, Article IV, Section 2. See Exhibit 5I. believes that the regulatory even when ICE controlled Euronext and NYSE Regulation. The Restated considerations that led to the European regulatory considerations Certificate of Incorporation of NYSE implementation of the Trust Agreement played a substantial role in ICE’s Regulation would be further amended in 2007 have been mooted by the sale corporate governance, the likelihood of and restated to eliminate references to of Euronext in June 2014, the automatic the Delaware trust’s substantive the Delaware trust in Article V. See revocation of corporate governance provisions ever being invoked was, by Exhibit 5J. provisions applicable to ICE, ICE design, extremely remote. In light of the 2. Statutory Basis Holdings and NYSE Holdings that sale of Euronext, the revocation of the occurred upon such sale, and the fact governance provisions relating to NYSE MKT believes that the proposed European considerations, and the rule change is consistent with Section 15 10 See note 4, supra. cessation of application of the Dutch 6(b) of the Exchange Act in general, 16 11 See Exchange Act Release No. 72158 (May 13, foundation to ICE and its affiliates, ICE and with Section 6(b)(1) in particular, 2014) (SR–NYSE–2014–23), 79 FR 28784 (May 19, in that it enables NYSE MKT to be so 2014) (notice of filing and immediate effectiveness 12 organized as to have the capacity to be of proposed rule change relating to name changes As noted above, this has been confirmed by the of the Exchange’s ultimate parent) (revising Trust Dutch Ministry of Finance. Agreement to reflect name changes of ICE and ICE 13 15 U.S.C. 78f(b). 15 15 U.S.C. 78f(b). Holdings). 14 17 CFR 240.19b–4. 16 15 U.S.C. 78f(b)(1).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63204 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
able to carry out the purposes of the securities markets that have abated as a change that are filed with the Exchange Act and to comply, and to result of ICE’s sale of the Euronext Commission, and all written enforce compliance by its exchange securities exchanges in June 2014. The communications relating to the members and persons associated with proposed rule change results in no proposed rule change between the its exchange members, with the concentration or other changes of Commission and any person, other than provisions of the Exchange Act, the ownership of exchanges. those that may be withheld from the rules and regulations thereunder, and public in accordance with the C. Self-Regulatory Organization’s the rules of NYSE MKT. The Delaware provisions of 5 U.S.C. 552, will be Statement on Comments on the trust was implemented in response to available for Web site viewing and Proposed Rule Change Received From potential concerns arising under non- printing in the Commission’s Public Members, Participants, or Others U.S. law and regulation at a time when Reference Room, 100 F Street NE., NYSE MKT was owned by a company No written comments were solicited Washington, DC 20549, on official with substantial holdings of non-U.S. or received with respect to the proposed business days between the hours of securities exchanges, substantial non- rule change. 10:00 a.m. and 3:00 p.m. Copies of the U.S. board representation, and explicit III. Date of Effectiveness of the filing also will be available for obligations on the part of its board to Proposed Rule Change and Timing for inspection and copying at the principal give due consideration to matters of Commission Action office of the Exchange. All comments non-U.S. law and the interests of non- received will be posted without change; U.S. stakeholders. In light of the Within 45 days of the date of the Commission does not edit personal elimination of these concerns as publication of this notice in the Federal identifying information from discussed above, NYSE MKT believes Register or within such longer period submissions. You should submit only that termination of the Delaware trust is up to 90 days after publication (i) as the information that you wish to make consistent with Section 6(b)(1). Commission may designate if it finds available publicly. All submissions NYSE MKT also believes that this such longer period to be appropriate should refer to File Number SR– filing furthers the objectives of Section and publishes its reasons for so finding NYSEMKT–2014–83 and should be 17 6(b)(5) of the Exchange Act because or (ii) as to which the self-regulatory submitted on or before November 12, the proposed rule change would be organization consents, the Commission 2014. consistent with and facilitate a will: governance and regulatory structure that (A) by order approve or disapprove For the Commission, by the Division of is designed to prevent fraudulent and the proposed rule change, or Trading and Markets, pursuant to delegated authority.18 manipulative acts and practices, to (B) institute proceedings to determine promote just and equitable principles of whether the proposed rule change Kevin M. O’Neill, trade, to foster cooperation and should be disapproved. Deputy Secretary. coordination with persons engaged in [FR Doc. 2014–25078 Filed 10–21–14; 8:45 am] IV. Solicitation of Comments regulating, clearing, settling, processing BILLING CODE 8011–01–P information with respect to, and Interested persons are invited to facilitating transactions in securities, to submit written data, views, and remove impediments to, and perfect the arguments concerning the foregoing, SMALL BUSINESS ADMINISTRATION mechanism of a free and open market including whether the proposed rule and a national market system and, in change is consistent with the Act. National Women’s Business Council general, to protect investors and the Comments may be submitted by any of (NWBC); Data Collection Available for public interest. As discussed above, the the following methods: Public Comments Exchange believes that termination of Electronic Comments AGENCY: National Women’s Business the Delaware trust will remove • Council, Small Business impediments to the operation of NYSE Use the Commission’s Internet Administration. MKT by eliminating certain expenses comment form (http://www.sec.gov/ and administrative burdens as well as rules/sro.shtml); or ACTION: 60-day notice and request for • the potential for uncertainty among Send an email to rule-comments@ comments. analysts and investors as to the practical sec.gov. Please include File Number SR– NYSEMKT–2014–83 on the subject line. SUMMARY: The National Women’s implications of the Delaware trust on Business Council (NWBC) intends to NYSE MKT as a marketplace and as a Paper Comments request approval, from the Office of significant asset of ICE. For the same • Management and Budget (OMB) for the reasons, the proposed rule change is Send paper comments in triplicate to Brent J. Fields, Secretary, Securities collection of information described also designed to protect investors as below. The Paperwork Reduction Act well as the public interest. and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. (PRA) of 1995, 44 U.S.C. Chapter 35 B. Self-Regulatory Organization’s All submissions should refer to File requires federal agencies to publish a Statement on Burden on Competition Number SR–NYSEMKT–2014–83. This notice in the Federal Register NYSE MKT does not believe that the file number should be included on the concerning each proposed collection of proposed rule change will impose any subject line if email is used. To help the information before submission to OMB, burden on competition that is not Commission process and review your and to allow 60 days for public necessary or appropriate in furtherance comments more efficiently, please use comment in response to the notice. This of the purposes of the Exchange Act. only one method. The Commission will notice complies with that requirement. Indeed, the proposed rule change would post all comments on the Commission’s DATES: Submit comments on or before eliminate an earlier arrangement Internet Web site (http://www.sec.gov/ December 22, 2014. intended in part to address potential rules/sro.shtml). Copies of the ADDRESSES: Send all comments to Erin competitive issues in the European submission, all subsequent Kelley, Director of Research and Policy, amendments, all written statements 17 15 U.S.C. 78f(b)(5). with respect to the proposed rule 18 17 CFR 200.30–3(a)(12).
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63205
National Women’s Business Council, business owners across the United screened, but who are not eligible, Small Business Administration, 409 3rd States will be invited to complete a willing, or able to participate in the Street, Room 210, Washington, DC survey regarding their experiences with focus groups, the time burden is 20416. corporate supplier diversity programs. approximately five minutes. This adds To delve more deeply into the FOR FURTHER INFORMATION CONTACT: Erin an additional annual time burden of Kelley, Director of Research and Policy, perceptions and opinions about $642.60. National Women’s Business Council, corporate supplier diversity programs, In total, the time burden cost for this [email protected] 202–205–3850, or focus groups with women business study is estimated at $16,216.20. owners will be held in Washington, DC, Curtis B. Rich, Management Analyst, New York, NY, Chicago, IL, and Los Curtis B. Rich, 202–205–7030, [email protected]. Angeles, CA. Individual interviews will Management Analyst. SUPPLEMENTARY INFORMATION: The be conducted with managers of [FR Doc. 2014–25071 Filed 10–21–14; 8:45 am] National Women’s Business Council corporate supplier diversity programs in BILLING CODE P (NWBC) is a non-partisan federal order to explore characteristics of advisory council created to serve as an corporate supplier diversity programs independent source of advice and and factors that contribute to their SMALL BUSINESS ADMINISTRATION counsel to the President, Congress, and success in meeting targets for [Disaster Declaration #14159 and #14160] the U.S. Small Business Administration participation of women owned on economic issues of importance to businesses. Montana Disaster #MT–00044 women business owners. Form Number: N/A. NWBC is undertaking a research AGENCY: U.S. Small Business study that will explore how corporate Total Estimated Annual Responses Administration. supplier diversity programs have and The study anticipates that ACTION: Notice. can be used to support the growth of approximately 400 surveys will be women-owned businesses (WOBs). Data completed by women business owners; SUMMARY: This is a Notice of the will be collected using surveys, focus that there will be a maximum of 96 Presidential declaration of a major groups and telephone interviews. focus group participants (no more than disaster for Public Assistance Only for This study will build on the existing 12 persons for each of 8 focus groups); the State of Montana (FEMA–4198–DR), body of knowledge about the and 20 individual interviews will be dated 10/09/2014. Incident: Severe Storms, Straight-line opportunities and challenges WOBs conducted. Potential participants will Winds, and Flooding. have faced in their experiences with be identified through organizations that Incident Period: 08/21/2014 through corporate supplier diversity programs; certify and provide services that the perceived and actual value 08/25/2014. facilitate the growth of women owned Effective Date: 10/09/2014. corporations gain by offering supplier businesses. Physical Loan Application Deadline diversity programs; how corporations Total Estimated Annual Hour Burden Date: 12/08/2014. intentionally support the success of Economic Injury (EIDL) Loan It is estimated that survey WOBs; and what factors are most Application Deadline Date: 07/09/2015. critical to the success of supplier respondents will spend a maximum of ADDRESSES: Submit completed loan diversity programs—from the 30 minutes completing the applications to: U.S. Small Business perspective of both women questionnaire. Focus groups Administration, Processing and entrepreneurs and corporations. participants will spend approximately Disbursement Center, 14925 Kingsport NWBC will use the resulting report 120 minutes completing a pre- Road, Fort Worth, TX 76155. from this data collection to inform its discussion questionnaire, engaging in annual report to the President, Congress, the focus group discussion and traveling FOR FURTHER INFORMATION CONTACT: A. and the SBA on policy and program to and from the focus group location. Escobar, Office of Disaster Assistance, recommendations to support the growth Interviews with corporate supplier U.S. Small Business Administration, of women-owned businesses. diversity managers will require 409 3rd Street SW., Suite 6050, approximately 60 minutes. Washington, DC 20416. Solicitation of Public Comments The total annual time burden is SUPPLEMENTARY INFORMATION: Notice is SBA is requesting comments on (a) estimated at 417 hours for completion of hereby given that as a result of the Whether the collection of information is all aspects of data collection. To President’s major disaster declaration on necessary for the agency to properly estimate the annualized cost of this time 10/09/2014, Private Non-Profit perform its functions; (b) whether the burden, we assumed 2,000 annual organizations that provide essential burden estimates are accurate; (c) working hours and an annual salary of services of governmental nature may file whether there are ways to minimize the $75,000, which is the median salary of disaster loan applications at the address burden, including through the use of small business owners as reported by listed above or other locally announced automated techniques or other forms of PayScale Human Resources 1, resulting locations. information technology; and (d) whether in a cost per participant of $0.63. For The following areas have been there are ways to enhance the quality, survey respondents, the total annualized determined to be adversely affected by utility, and clarity of the information. time burden would be would be $18.90 the disaster: per participant or a total of $7,560; for Summary of Information Collection Primary Counties: Blaine, Carter, focus group participants, it would be Musselshell, Petroleum, Valley, and Title: Women’s Participation in $75.60 or a total of $7,257.60; and for the Fort Belknap Reservation within Corporate Supplier Diversity. interview respondents it would be Blaine County. Description of Respondents: $37.80 or a total of $756.00. The Interest Rates are: Respondents in the study will be In order to obtain 96 focus women business owners and managers participants, it is estimated that 300 Percent of corporate supplier diversity contacts will be needed. Of those 204 programs. A random selection of women individuals who are contacted and For Physical Damage:
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63206 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
Percent comment preceding submission of the • Evaluate the accuracy of our collection to OMB. estimate of the burden of the proposed Non-Profit Organizations With DATES: The Department will accept collection, including the validity of the Credit Available Elsewhere 2.625 comments from the public up to 60 days methodology and assumptions used; Non-Profit Organizations from October 22, 2014. • Enhance the quality, utility, and Without Credit Available clarity of the information to be Elsewhere ...... 2.625 ADDRESSES: You may submit comments by any of the following methods: collected; For Economic Injury: • Non-Profit Organizations • Web: Persons with access to the Minimize the reporting burden on Without Credit Available Internet may use the Federal Docket those who are to respond, including the Elsewhere ...... 2.625 Management System (FDMS) to use of automated collection techniques comment on this notice by going to or other forms of technology. The number assigned to this disaster www.Regulations.gov. You can search Abstract of Proposed Collection for physical damage is 14159B and for for the document by entering ‘‘Public economic injury is 14160B. Notice 8923’’ in the Search bar. If Annual reports from designated program sponsors assist the Department (Catalog of Federal Domestic Assistance necessary, use the Narrow by Agency Numbers 59002 and 59008) filter option on the Results page. in oversight and administration of the • Email: [email protected] J-NONIMMIGRANT visa program. The James E. Rivera, • Mail (paper, disk, or CD–ROM reports provide qualitative data on the Associate Administrator for Disaster submissions): U.S. Department of State, number of exchange participants an Assistance. ECA/EC, SA–5, Floor 5, 2200 C Street organization sponsored annually per [FR Doc. 2014–25069 Filed 10–21–14; 8:45 am] NW., Washington, DC 20522–0505, category of exchange. The reports also BILLING CODE 8025–01–P ATTN: Federal Register Notice provide a summary of the activities in Response. You must include the DS which exchange visitors were engaged form number (if applicable), information and indicate information about program SMALL BUSINESS ADMINISTRATION collection title, and OMB control effectiveness. Program sponsors include number in any correspondence. government agencies, academic Military Reservist Economic Injury FOR FURTHER INFORMATION CONTACT: institutions, and private sector not-for- Disaster Loans Interest Rate for First Direct requests for additional profit and for-profit entities. Annual Quarter FY 2015 information regarding the collection reports are completed through the In accordance with the Code of listed in this notice, including requests Student and Exchange Visitor Federal Regulations 13—Business Credit for copies of the proposed information Information System (SEVIS) and then and Assistance § 123.512, the following collection and supporting documents, to printed and signed by a sponsor official, interest rate is effective for Military Robin J. Lerner, Deputy Assistant and sent to the Department by mail or Reservist Economic Injury Disaster Secretary for Private Sector Exchange, fax. Loans approved on or after October 17, ECA/EC, SA–5, Floor 5, Department of Dated: October 16, 2014. 2014. State, 2200 C Street NW., Washington, Robin Lerner, Military Reservist Loan Program— DC 20522–0505, who may be reached on Deputy Assistant Secretary for Private Sector 4.000% 202–632–3206 or at JExchanges@ Exchange, Bureau of Educational and state.gov. Cultural Affairs, U.S. Department of State. Dated: October 16, 2014. SUPPLEMENTARY INFORMATION: [FR Doc. 2014–25180 Filed 10–21–14; 8:45 am] James E. Rivera, • Title of Information Collection: BILLING CODE 4710–05–P Associate Administrator for Disaster Annual Report—J-NONIMMIGRANT Assistance. Exchange Visitor Program. [FR Doc. 2014–25070 Filed 10–21–14; 8:45 am] • OMB Control Number: 1405–0151. DEPARTMENT OF STATE BILLING CODE 8025–01–P • Type of Request: Revision of a Currently Approved Collection. [Public Notice: 8924] • Originating Office: Bureau of In the Matter of the Designation of DEPARTMENT OF STATE Educational and Cultural Affairs, Office of Private Sector Exchange, ECA/EC. Ramzi Mawafi, also known as Ramzi [Public Notice: 8923] • Form Number: Form DS–3097. Mowafi, also known as Ramzi • Respondents: Designated Mahmoud Al Mowafi, also known as 60-Day Notice of Proposed Information J-NONIMMIGRANT program sponsors. Ramzi Muwafi, as a Specially Collection: Annual Report—J- • Estimated Number of Respondents: Designated Global Terrorist pursuant NONIMMIGRANT Exchange Visitor 1,400. to Section 1(b) of Executive Order Program • Estimated Number of Responses: 13224, as Amended 1,400. ACTION: Notice of request for public • Average Hours per Response: 2 Acting under the authority of and in comments. hours. accordance with section 1(b) of • Total Estimated Burden: 2,800 Executive Order 13224 of September 23, SUMMARY: The Department of State is hours. 2001, as amended by Executive Order seeking Office of Management and • Frequency: Annually. 13268 of July 2, 2002, and Executive Budget (OMB) approval for the • Obligation to Respond: Required to Order 13284 of January 23, 2003, I information collection described below. Obtain or Retain Benefits. hereby determine that the individual In accordance with the Paperwork We are soliciting public comments to known as Ramzi Mawafi, also known as Reduction Act of 1995, we are permit the Department to: Ramzi Mowafi, also known as Ramzi requesting comments on this collection • Evaluate whether the proposed Mahmoud Al Mowafi, also known as from all interested individuals and information collection is necessary for Ramzi Muwafi, committed, or poses a organizations. The purpose of this the proper performance of our significant risk of committing, acts of notice is to allow 60 days for public functions; terrorism that threaten the security of
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63207
U.S. nationals or the national security, ineffectual the measures authorized in Dated: September 29, 2014. foreign policy, or economy of the United the Order. John F. Kerry, States. This notice shall be published in the Secretary of State. Consistent with the determination in Federal Register. [FR Doc. 2014–25164 Filed 10–21–14; 8:45 am] section 10 of Executive Order 13224 that Dated: September 17, 2014. BILLING CODE 4710–10–P ‘‘prior notice to persons determined to be subject to the Order who might have John F. Kerry, a constitutional presence in the United Secretary of State. DEPARTMENT OF STATE States would render ineffectual the [FR Doc. 2014–25173 Filed 10–21–14; 8:45 am] [Public Notice: 8925] blocking and other measures authorized BILLING CODE 4710–10–P in the Order because of the ability to In the Matter of the Designation of transfer funds instantaneously,’’ I DEPARTMENT OF STATE Sangeen Zadran as a Specially determine that no prior notice needs to Designated Global Terrorist Pursuant be provided to any person subject to this to Section 1(b) of Executive Order determination who might have a [Public Notice: 8928] 13224, as Amended constitutional presence in the United States, because to do so would render In the Matter of the Designation of Qari In accordance with section 1(b) of ineffectual the measures authorized in Hussain as a Specially Designated Executive Order 13224 of September 23, the Order. Global Terrorist Pursuant to Section 2001, as amended (‘‘the Order’’), I This notice shall be published in the 1(b) of Executive Order 13224, as hereby determine that the individual Federal Register. Amended known as Sangeen Zadran, also known Dated: October 10, 2014. as other aliases and transliterations, no In accordance with section 1(b) of longer meets the criteria for designation John F. Kerry, Executive Order 13224 of September 23, under the Order, and therefore I hereby Secretary of State. 2001, as amended (‘‘the Order’’), I revoke the designation of the [FR Doc. 2014–25169 Filed 10–21–14; 8:45 am] hereby determine that the individual aforementioned individual as a BILLING CODE 4710–10–P known as Qari Hussain, also known as Specially Designated Global Terrorist other aliases and transliterations, no pursuant to section 1(b) of the Order. longer meets the criteria for designation This notice shall be published in the DEPARTMENT OF STATE under the Order, and therefore I hereby Federal Register. revoke the designation of the Dated: October 10, 2014. [Public Notice: 8926] aforementioned individual as a Specially Designated Global Terrorist John F. Kerry, In the Matter of the Designation of pursuant to section 1(b) of the Order. Secretary of State. Khan Said, also known as Khan Sayed, This notice shall be published in the [FR Doc. 2014–25171 Filed 10–21–14; 8:45 am] also known as Sajna Mehsud, as a Federal Register. BILLING CODE 4710–10–P Specially Designated Global Terrorist Dated: October 10, 2014. pursuant to Section 1(b) of Executive Order 13224, as Amended John F. Kerry, DEPARTMENT OF STATE Secretary of State. [Public Notice 8922] Acting under the authority of and in [FR Doc. 2014–25162 Filed 10–21–14; 8:45 am] accordance with section 1(b) of BILLING CODE 4710–10–P U.S. National Commission for UNESCO Executive Order 13224 of September 23, Notice of Meeting 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive DEPARTMENT OF STATE The 2014 Annual Meeting of the U.S. Order 13284 of January 23, 2003, I National Commission for the United hereby determine that the individual [Public Notice: 8927] Nations Educational, Scientific, and known as Khan Said, also known as Cultural Organization (UNESCO) will Khan Sayed, also known as Sajna In the Matter of the Designation of take place on Friday, December 5, 2014, Mehsud, committed, or poses a Hakimullah Mehsud as a Specially at the U.S. Department of State in significant risk of committing, acts of Designated Global Terrorist Pursuant Washington, DC (2201 C Street NW.) terrorism that threaten the security of to Section 1(b) of Executive Order The Commission will hold a series of U.S. nationals or the national security, 13224, as Amended informational plenary sessions, subject- foreign policy, or economy of the United specific committee and thematic States. In accordance with section 1(b) of breakout sessions and discuss final Consistent with the determination in Executive Order 13224 of September 23, recommendations, which will be open section 10 of Executive Order 13224 that 2001, as amended (‘‘the Order’’), I to the public 9:30 a.m. to 12:30 p.m. and ‘‘prior notice to persons determined to hereby determine that the individual from 2:00 p.m. to approximately 4:30 be subject to the Order who might have known as Hakimullah Mehsud, also p.m. a constitutional presence in the United known as other aliases and Members of the public who wish to States would render ineffectual the transliterations, no longer meets the attend any of these meetings or who blocking and other measures authorized criteria for designation under the Order, need reasonable accommodation should in the Order because of the ability to and therefore I hereby revoke the contact the U.S. National Commission transfer funds instantaneously,’’ I designation of the aforementioned for UNESCO at the email address below determine that no prior notice needs to individual as a Specially Designated no later than Monday, December 1, 2014 be provided to any person subject to this Global Terrorist pursuant to section 1(b) for further information about admission, determination who might have a of the Order. as seating is limited. Those who wish to constitutional presence in the United This notice shall be published in the make oral comments during the public States, because to do so would render Federal Register. comment section held during the
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63208 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
afternoon session should request to be meeting to review implementation of public participation on matters related scheduled by Friday, November 28, the Environment Chapter of the United to the implementation of the chapter. In 2014. Each individual will be limited to States-Morocco Free Trade Agreement the Joint Statement, the governments of five minutes, with the total oral (FTA), a meeting of the United States- the United States and Morocco (1) comment period not exceeding thirty Morocco Working Group on recognize ‘‘the importance of protecting minutes. Environmental Cooperation (Working the environment while promoting Access to the building is strictly Group), and a public session in Rabat, sustainable development in concert controlled. For pre-clearance purposes, Morocco, on October 28, 2014, at the with the expanded bilateral trade and those planning to attend will need to Ministry of Environment, to discuss investment ties accompanying the provide full name, address, date of implementation of the Environment United States-Morocco Free Trade birth, citizenship, driver’s license or Chapter and Joint Statement on Agreement (‘FTA’)’’ and (2) indicate passport number, and email address. Environmental Cooperation. During the their intent ‘‘to pursue efforts to This information will greatly facilitate meetings, the governments will review enhance bilateral environmental entry into the building. and discuss implementation of the cooperation. . . .’’ The governments Written comments should be Environment Chapter of the FTA. The express their intention to undertake submitted by Friday, November 28, governments will also discuss how the cooperative environmental activities 2014 to allow time for distribution to United States and Morocco can pursuant to the Joint Statement. In the Commission members prior to the strengthen Morocco’s capacity to protect paragraph 5 of the Joint Statement, the meeting. The National Commission may and conserve the environment, highlight governments establish the Working be contacted via email at past bilateral environmental Group to coordinate and review [email protected], or via phone at cooperation, review activities under the environmental cooperation activities. As (202) 663–0026. The Web site can be 2010–2012 Plan of Action, and develop envisioned in the Joint Statement, the accessed at: http://www.state.gov/p/io/ a 2014–2017 Plan of Action. The Working Group will endeavor to unesco./ Department of State and USTR invite develop a Plan of Action, review and Personal information regarding the members of the public to submit assess cooperative environmental attendees is requested pursuant to written suggestions on items to include activities pursuant to the Plan of Action, Public Law 99–399 (Omnibus on the meeting agenda or in the 2014– recommend ways to improve such Diplomatic Security and Antiterrorism 2017 Plan of Action. cooperation, and undertake such other Act of 1986), as amended; Public Law The Department of State and USTR activities as may seem appropriate to 107–56 (USA PATRIOT Act); and also invite interested persons to attend the governments. The Plan of Action is Executive Order 13356. The purpose of a public session where the public will a tool to establish goals, objectives, and the collection is to validate the identity have the opportunity to ask about areas for cooperation, including short-, of individuals who enter Department implementation of both the Joint medium-, and long-term bilateral and/or facilities. The data will be entered into Statement and the Environment Chapter regional projects and activities. Through the Visitor Access Control System of the United States-Morocco FTA. this notice, the United States is (VACS–D) database. Please see the DATES: The public session will be held soliciting the views of the public with Security Records System of Records on October 28, 2014, in Rabat, Morocco respect to the 2014–2017 Plan of Action. Notice (State–36) at http:// at the Ministry of Environment. In February 2010, the governments www.state.gov/documents/organization/ Suggestions on the meeting agenda and/ established the 2010–2012 Plan of 103419.pdf for additional information. or the 2014–2017 Plan of Action should Action for environmental cooperation be provided no later than October 26, Dated: October 14, 2014. with the following primary areas of 2014, to facilitate consideration. Allison Wright, cooperation: (1) Institutional and Policy ADDRESSES: Those interested in Strengthening for Effective Executive Director, U.S. National Commission attending the public session should for UNESCO, Department of State. Implementation and Enforcement of email Geoff Finger at FingerGT@ Environmental Laws, Including Natural [FR Doc. 2014–25178 Filed 10–21–14; 8:45 am] state.gov to find out the time of the Resource-Related Laws; (2) Biodiversity BILLING CODE 4710–19–P session. Suggestions on the meeting Conservation and Improved agenda and/or the 2014–2017 Plan of Management of Protected Areas and DEPARTMENT OF STATE Action should be emailed to FingerGT@ Other Ecologically Important state.gov or faxed to Geoff Finger at Ecosystems; (3) Improved Private Sector [Public Notice: 8920] (202) 647–5947, with the subject line Environmental Performance; and (4) ‘‘United States-Morocco Environmental Environmental Education, Transparency Meeting on United States-Morocco Cooperation.’’ Those with access to the and Public Participation in Free Trade Agreement Environment internet can view and comment on this Environmental Decision-Making and Chapter Implementation, Working notice by going to: http:// Enforcement. The governments intend Group on Environmental Cooperation, www.regulations.gov/#!home and to adopt a 2014–2017 Plan of Action at and Public Session searching on docket number DOS– the meetings, which the United States AGENCY: Department of State. 2014–0025. expects will build upon the cooperative FOR FURTHER INFORMATION CONTACT: ACTION: Announcement of meetings; work initiated in the 2010–2012 Plan of solicitation of suggestions; invitation to Geoff Finger, (202) 647–4828. Action. public session. SUPPLEMENTARY INFORMATION: The Members of the public, including Environment Chapter of the FTA NGOs, educational institutions, private SUMMARY: The Department of State and includes obligations on each Party to sector enterprises, and all other the Office of the United States Trade ensure that its environmental laws and interested persons are invited to submit Representative (USTR) are providing policies provide for and encourage high written suggestions regarding items for notice that the governments of the levels of environmental protection, inclusion in the meeting agendas or in United States and Kingdom of Morocco effectively enforce its environmental the new Plan of Action. Please include (the governments) intend to hold a laws, and provide opportunities for your full name and identify any
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63209
organization or group you represent. We (6) Public Comments and Closing DEPARTMENT OF TRANSPORTATION encourage submitters to refer to: Remarks. Participation is open to the • United States-Morocco Joint public. Federal Highway Administration Statement on Environmental Members of the public who wish to Cooperation; Notice of Statute of Limitations on • 2010–2012 Plan of Action Pursuant participate must notify Courtney Claims; Notice of Final Federal Agency to the United States-Morocco Joint Freiberg at [email protected], Actions on Proposed Highway in Statement on Environmental not later than November 3, 2014. California Members of the public may present oral Cooperation; AGENCY: • statements at the meeting with the Federal Highway Chapter 17 of the United States- Administration (FHWA), DOT. Morocco Free Trade Agreement; and approval of Patricia Hu, Director of the • Final Environmental Review of the Bureau of Transportation Statistics. ACTION: Notice of Limitation on Claims United States–Morocco Free Trade Noncommittee members wishing to for Judicial Review of Actions by the California Department of Transportation Agreement. present oral statements or obtain (Caltrans), pursuant to 23 U.S.C. 327. These documents are available at: information should contact Courtney http://www.state.gov/e/oes/eqt/trade/ Freiberg via email no later than SUMMARY: The FHWA, on behalf of morocco/index.htm. November 3, 2014. Questions about the Caltrans, is issuing this notice to Dated: October 17, 2014. agenda or written comments may be announce actions taken by Caltrans, that Deborah Klepp, emailed ([email protected]) or are final within the meaning of 23 Director, Office of Environmental Quality and submitted by U.S. Mail to: U.S. U.S.C. 139(l)(1). The actions relate to a Transboundary Issues, U.S. Department of Department of Transportation, Office of proposed highway project on State. the Assistant Secretary for Research and Brookhurst Street from the southern end [FR Doc. 2014–25174 Filed 10–21–14; 8:45 am] Technology, Bureau of Transportation of La Palma Avenue between State BILLING CODE 4710–09–P Statistics, Attention: Courtney Freiberg, Route 91 (SR–91) and Interstate 5 (I–5), 1200 New Jersey Avenue SE., Room in the City of Anaheim, County of #E34–429, Washington, DC 20590, or Orange, State of California. Those DEPARTMENT OF TRANSPORTATION faxed to (202) 366–3383. BTS requests actions grant licenses, permits, and that written comments be received by approvals for the project. Office of the Assistant Secretary for November 3, 2014. Access to the DOT DATES: By this notice, the FHWA, on Research and Technology, Advisory Headquarters building is controlled behalf of Caltrans, is advising the public Council on Transportation Statistics; of final agency actions subject to 23 Notice of Meeting therefore all persons who plan to attend the meeting must notify Courtney U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency AGENCY: Bureau of Transportation Freiberg at 202–366–1270 prior to actions on the highway project will be Statistics, U.S. Department of November 3, 2014. Individuals Transportation. barred unless the claim is filed on or attending the meeting must report to the before March 23, 2015. If the Federal ACTION: Notice. main DOT entrance on New Jersey law that authorizes judicial review of a Avenue SE., for admission to the This notice announces, pursuant to claim provides a time period of less building. Attendance is open to the Section 10(a)(2) of the Federal Advisory than 150 days for filing such claim, then Committee Act (FACA) (Pub. L. 72–363; public, but limited space is available. that shorter time period still applies. 5 U.S.C. app. 2), a meeting of the Persons with a disability requiring FOR FURTHER INFORMATION CONTACT: For Advisory Council on Transportation special services, such as an interpreter Caltrans: Statistics (ACTS). The meeting will be for the hearing impaired, should contact Charles Baker, Senior Environmental held on Wednesday, November 5th from Courtney Freiberg at 202–366–1270 at Planner, Caltrans, 3347 Michelson Drive 8:30 a.m. to 4 p.m. E.S.T. at the U.S. least seven calendar days prior to the Suite #100, Irvine, CA 92612, 8 a.m.– Department of Transportation, Room meeting. 4:30 p.m., 949–724–2252, Charles_ E37–302, 1200 New Jersey Ave. SE., Notice of this meeting is provided in [email protected]. Washington, DC. Section 52011 of the accordance with the FACA and the SUPPLEMENTARY INFORMATION: Effective Moving Ahead for Progress in the 21st General Services Administration July 1, 2007, the Federal Highway Century Act (MAP–21) directs the U.S. regulations (41 CFR part 102–3) Administration (FHWA) assigned, and Department of Transportation to covering management of Federal the California Department of establish an Advisory Council on advisory committees. Transportation (Caltrans) assumed, Transportation Statistics subject to the environmental responsibilities for this Federal Advisory Committee Act (5 Issued in Washington, DC, on the 15th day project pursuant to 23 U.S.C. 327. U.S.C., App. 2) to advise the Bureau of of October 2014. Notice is hereby given that the Caltrans, Transportation Statistics (BTS) on the Rolf Schmitt, has taken final agency actions subject to quality, reliability, consistency, Deputy Director, Bureau of Transportation 23 U.S.C. 139(l)(1) by issuing licenses, objectivity, and relevance of Statistics. permits, and approvals for the following transportation statistics and analyses [FR Doc. 2014–24837 Filed 10–21–14; 8:45 am] highway project in the State of collected, supported, or disseminated by BILLING CODE 4910–9X–P California: Widen Brookhurst Street the Bureau and the Department. The from a four-lane facility to a six-lane following is a summary of the draft facility by shifting the roadway meeting agenda: (1) USDOT Welcome centerline a maximum of 22 feet to the and Introduction of Council Members; east and to widen the roadway right-of- (2) Update on Integration with the way in order to accommodate (1) Office of the Secretary; (3) Discussion additional lanes in the northbound and about Stakeholder Interaction; (4) southbound directions and 2 proposed Program Review; (5) Research Priorities; bikeways, sidewalks and landscaped
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63210 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
areas. The total length of the project site 21. Executive Order 11988, Management System (FDMS) at: http:// spans approximately 0.4 miles. The Floodplain Management www.regulations.gov. project is located within the City of 22. Department of Transportation Docket: For access to the docket to Anaheim between State Route 91 (SR– (DOT) Executive Order 5650.2— read background documents or 91) and Interstate 5 (I–5), Orange Floodplain Management and Protection comments, go to http:// County. The purpose of the project is to (April 23, 1979) www.regulations.gov and/or Room relieve congestion along the roadway, 23. Rivers and Harbors Appropriation W12–140 on the ground level of the provide continuity in the number of Act of 1899, Sections 9 and 10 West Building, 1200 New Jersey Avenue lanes on Brookhurst Street, and improve 24. Title VI of the Civil Rights Act of SE., Washington, DC, between 9 a.m. drainage along the corridor. The federal 1964, as amended and 5 p.m., Monday through Friday, aid project number is STPL 5055(163). 25. Executive Order 12898, Federal except Federal holidays. The actions by the Federal agency, and Actions to Address Environmental Privacy Act: Anyone may search the the laws under which such actions were Justice and Low-Income Populations electronic form of all comments taken, are described in the Final (Catalog of Federal Domestic Assistance received into any of DOT’s dockets by Environmental Assessment (FEA) for Program Number 20.205, Highway Planning the name of the individual submitting the project, approved on 9/12/14, in the and Construction. The regulations the comment (or of the person signing FHWA Finding of No Significant Impact implementing Executive Order 12372 the comment, if submitted on behalf of regarding intergovernmental consultation on (FONSI) issued on 9/12/14, and in other an association, business, labor union, or Federal programs and activities apply to this other entity). You may review DOT’s documents in the FHWA project program.) records. The FEA, FONSI, and other Privacy Act Statement for the Federal Authority: 23 U.S.C. 139(l)(1). project records are available by Docket Management System (FDMS) contacting Caltrans at the addresses Issued on: October 10th, 2014. published in the Federal Register on provided above. This notice applies to Cesar Perez, January 17, 2008 (73 FR 3316). all Federal agency decisions as of the Senior Transportation Engineer, Federal II. Background issuance date of this notice and all laws Highway Administration, Sacramento, under which such actions were taken, California. On August 14, 2014, FMCSA including but not limited to [FR Doc. 2014–25099 Filed 10–21–14; 8:45 am] published a notice of receipt of Federal diabetes exemption applications from 1. Council on Environmental Quality BILLING CODE 4910–RY–P Regulations 56 individuals and requested comments 2. National Environmental Policy Act from the public (79 FR 47702). The of 1969, as amended, 42 U.S.C. 4321 et DEPARTMENT OF TRANSPORTATION public comment period closed on seq. September 15, 2014, and seven 3. Federal-Aid Highway Act of 1970, Federal Motor Carrier Safety comments were received. 23 U.S.C. 109 Administration FMCSA has evaluated the eligibility of the 56 applicants and determined that 4. MAP–21, the Moving Ahead for [FMCSA Docket No. FMCSA–2014–0019] Progress in the 21st Century Act (Pub. granting the exemptions to these L. 112–141) Qualification of Drivers; Exemption individuals would achieve a level of 5. Clean Air Act Amendments of 1990 Applications; Diabetes Mellitus safety equivalent to or greater than the (CAAA) level that would be achieved by AGENCY: Federal Motor Carrier Safety 6. Clean Water Act of 1977 and 1987 complying with the current regulation 7. Federal Water Pollution Control Administration (FMCSA), DOT. 49 CFR 391.41(b)(3). ACTION: Notice of final disposition. Act of 1972 (see Clean Water Act of III. Diabetes Mellitus and Driving 1977 & 1987) SUMMARY: FMCSA confirms its decision Experience of the Applicants 8. Federal Land Policy and to exempt 56 individuals from its rule The Agency established the current Management Act of 1976 prohibiting persons with insulin-treated (Paleontological Resources) requirement for diabetes in 1970 diabetes mellitus (ITDM) from operating because several risk studies indicated 9. Noise Control Act of 1972 commercial motor vehicles (CMVs) in 10. Safe Drinking Water Act of 1944, that drivers with diabetes had a higher interstate commerce. The exemptions rate of crash involvement than the as amended enable these individuals to operate 11. Endangered Species Act of 1973 general population. The diabetes rule CMVs in interstate commerce. 12. Executive Order 11990, Protection provides that ‘‘A person is physically of Wetlands DATES: The exemptions were effective qualified to drive a commercial motor 13. Executive Order 13112, Invasive on August 14, 2014. The exemptions vehicle if that person has no established Species expire on September 15, 2016. medical history or clinical diagnosis of 14. Executive Order 13186, Migratory FOR FURTHER INFORMATION CONTACT: diabetes mellitus currently requiring Birds Elaine M. Papp, R.N., Chief, Medical insulin for control’’ (49 CFR 15. Fish and Wildlife Coordination Programs Division, (202) 366–4001, 391.41(b)(3)). Act of 1934, as amended [email protected], FMCSA, Room FMCSA established its diabetes 16. Migratory Bird Treaty Act W64–224, Department of exemption program, based on the 17. Water Bank Act Wetlands Transportation, 1200 New Jersey Agency’s July 2000 study entitled ‘‘A Mitigation Banks, ISTEA 1991, Sections Avenue SE., Washington, DC 20590– Report to Congress on the Feasibility of 1006–1007 0001. Office hours are from 8:30 a.m. to a Program to Qualify Individuals with 18. Wildflowers, Surface 5 p.m., Monday through Friday, except Insulin-Treated Diabetes Mellitus to Transportation and Uniform Relocation Federal holidays. Operate in Interstate Commerce as Act of 1987 Section 130 SUPPLEMENTARY INFORMATION: Directed by the Transportation Act for 19. Coastal Zone Management Act of the 21st Century.’’ The report concluded 1972 I. Electronic Access that a safe and practicable protocol to 20. Coastal Zone Management Act You may see all the comments online allow some drivers with ITDM to Reauthorization Amendments Of 1990 through the Federal Document operate CMVs is feasible. The
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63211
September 3, 2003 (68 FR 52441), Consequently, FMCSA finds that in Elefterios Hatzigeorgalis (MD) Federal Register notice in conjunction each case exempting these applicants Drew J. Holtan (MN) with the November 8, 2005 (70 FR from the diabetes requirement in 49 CFR Randy S. Holz (IA) 67777), Federal Register notice provides 391.41(b)(3) is likely to achieve a level Joseph C. House (AL) the current protocol for allowing such of safety equal to that existing without Kenneth B. Huff (PA) drivers to operate CMVs in interstate the exemption. Henderson R. Hughes (NY) Levi N. Hutchinson (PA) commerce. VI. Conditions and Requirements Joseph T. Ingiosi (MI) These 56 applicants have had ITDM Michael J. Javenkoski (MN) over a range of 1 to 48 years. These The terms and conditions of the Katlin W. Johnson (LA) applicants report no severe exemption will be provided to the Don L. Jorgensen (WY) hypoglycemic reactions resulting in loss applicants in the exemption document Steven T. Juhl (MN) of consciousness or seizure, requiring and they include the following: (1) that Christopher D. Lacasse, Sr. (MA) the assistance of another person, or each individual submit a quarterly Raymond S. Lucero (NM) resulting in impaired cognitive function monitoring checklist completed by the Richard M. Mackey (TX) that occurred without warning treating endocrinologist as well as an Kevin J. McGrath (MA) symptoms, in the past 12 months and no annual checklist with a comprehensive Jerry W. Murphy (MS) recurrent (2 or more) severe medical evaluation; (2) that each Christopher D. Murray (CA) hypoglycemic episodes in the past 5 individual reports within 2 business Robert D. Noe (IL) years. In each case, an endocrinologist days of occurrence, all episodes of Kyle W. Parker (CA) Eric D. Roberts (MI) severe hypoglycemia, significant verified that the driver has Gary L. Roberts (CT) demonstrated a willingness to properly complications, or inability to manage Tommy A. Rollins (GA) monitor and manage his/her diabetes diabetes; also, any involvement in an Janice M. Rowles (PA) mellitus, received education related to accident or any other adverse event in William B. Rupert, Jr. (PA) diabetes management, and is on a stable a CMV or personal vehicle, whether or Ahmed A. Saleh (MI) insulin regimen. These drivers report no not it is related to an episode of Robert M. Schmitz (IA) other disqualifying conditions, hypoglycemia; (3) that each individual David C. Schultze (MN) including diabetes-related provide a copy of the ophthalmologist’s Brian R. Schwint (IA) complications. Each meets the vision or optometrist’s report to the medical Dicky W. Shuttlesworth (TX) requirement at 49 CFR 391.41(b)(10). examiner at the time of the annual Bryce J. Smith (UT) The qualifications and medical medical examination; and (4) that each David R. Sprenkel (PA) condition of each applicant were stated individual provide a copy of the annual Jeffrey R. Stevens (PA) David W. Taggart (PA) and discussed in detail in the August medical certification to the employer for Artilla M. Thomas (IL) 14, 2014, Federal Register notice and retention in the driver’s qualification William C. Tomlinson (GA) they will not be repeated in this notice. file, or keep a copy in his/her driver’s In accordance with 49 U.S.C. 31136(e) qualification file if he/she is self- IV. Discussion of Comments and 31315 each exemption is valid for employed. The driver must also have a FMCSA received seven comments in two years unless revoked earlier by copy of the certification when driving, FMCSA. The exemption will be revoked this proceeding. The comments are for presentation to a duly authorized discussed below. if the following occurs: (1) The person Federal, State, or local enforcement fails to comply with the terms and E. Fajardo, Eman Saaidi, and three official. anonymous commenters are in favor of conditions of the exemption; (2) the granting all drivers included in this VII. Conclusion exemption has resulted in a lower level of safety than was maintained before it notice an exemption from the diabetes Based upon its evaluation of the 56 was granted; or (3) continuation of the standard. exemption applications, FMCSA exemption would not be consistent with Rayman Al-Omeri is in favor of exempts the following drivers from the the goals and objectives of 49 U.S.C. granting Ahmed Ali an exemption from diabetes requirement in 49 CFR 31136(e) and 31315. If the exemption is the diabetes standard. 391.41(b)(10), subject to the still effective at the end of the 2-year Richard Woodall is in favor of requirements cited above 949 CFR period, the person may apply to FMCSA granting Raymond Lucero an exemption 391.64(b)): from the diabetes standard. for a renewal under procedures in effect Michael N. Bohn (MN) at that time. V. Basis for Exemption Determination Jonathan Bona (NJ) Vincent M. Branch (VA) Issued on: October 10, 2014. Under 49 U.S.C. 31136(e) and 31315, Perry C. Bullis (PA) Larry W. Minor, FMCSA may grant an exemption from Christopher J. Burkhart (MO) Associate Administrator for Policy. the diabetes requirement in 49 CFR James E. Cantrell, Jr. (AL) 391.41(b)(3) if the exemption is likely to [FR Doc. 2014–25134 Filed 10–21–14; 8:45 am] Kristy S. R. Clark (VA) BILLING CODE 4910–EX–P achieve an equivalent or greater level of Royce N. Cordova (WA) safety than would be achieved without Robert Curry (NY) the exemption. The exemption allows Bradley C. Dunlap (IL) DEPARTMENT OF TRANSPORTATION the applicants to operate CMVs in John C. Fisher III (PA) interstate commerce. Kenneth W. Foster (IN) Federal Motor Carrier Safety To evaluate the effect of these Andrew C. Frykholm (MA) Administration exemptions on safety, FMCSA Lyle O. Gahler (MN) [Docket No. FMCSA–2014–0297] considered medical reports about the John A. Gillingham (PA) applicants’ ITDM and vision, and Ronald L. Glade (IL) Qualification of Drivers; Exemption reviewed the treating endocrinologists’ Brent C. Godshalk (IN) Applications; Vision medical opinion related to the ability of Robert L. Gordon (IL) the driver to safely operate a CMV while Jeffrey R. Harnack (MN) AGENCY: Federal Motor Carrier Safety using insulin. Daniel E. Harris (IL) Administration (FMCSA), DOT.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63212 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
ACTION: Notice of applications for page that appears after submitting holds a Class A CDL from Mississippi. exemptions, request for comments. comments on-line. His driving record for the last 3 years Privacy Act: Anyone may search the shows no crashes and no convictions for SUMMARY: FMCSA announces receipt of electronic form of all comments moving violations in a CMV. applications from 12 individuals for received into any of our dockets by the exemption from the vision requirement name of the individual submitting the Brian M. Goehring in the Federal Motor Carrier Safety comment (or of the person signing the Mr. Goehring, 46, has had amblyopia Regulations. They are unable to meet comment, if submitted on behalf of an in his right eye since childhood. The the vision requirement in one eye for association, business, labor union, etc.). visual acuity in his right eye is 20/100, various reasons. The exemptions will You may review DOT’s Privacy Act and in his left eye, 20/20. Following an enable these individuals to operate Statement for the Federal Docket examination in 2014, his optometrist commercial motor vehicles (CMVs) in Management System (FDMS) published stated, ‘‘It is my opinion that Mr. interstate commerce without meeting in the Federal Register on January 17, Goehring has sufficient vision to the prescribed vision requirement in 2008 (73 FR 3316). perform the daily tasks required to one eye. If granted, the exemptions FOR FURTHER INFORMATION CONTACT: operate a commercial vehicle.’’ would enable these individuals to Elaine M. Papp, R.N., Chief, Medical Mr. Goehring reported that he has qualify as drivers of commercial motor Programs Division, (202) 366–4001, driven straight trucks for 2 years, vehicles (CMVs) in interstate commerce. [email protected], FMCSA, accumulating 100,000 miles, and buses DATES: Comments must be received on Department of Transportation, 1200 for 21 years, accumulating 1.68 million or before November 21, 2014. All New Jersey Avenue SE., Room W64– miles. He holds a Class B CDL from comments will be investigated by 224, Washington, DC 20590–0001. Pennsylvania. His driving record for the FMCSA. The exemptions will be issued Office hours are from 8:30 a.m. to 5 last 3 years shows no crashes and no the day after the comment period closes. p.m., Monday through Friday, except convictions for moving violations in a ADDRESSES: You may submit comments Federal holidays. If you have questions CMV. bearing the Federal Docket Management regarding viewing or submitting Dewey P. Huffman System (FDMS) Docket No. FMCSA– material to the docket, contact Docket Mr. Huffman, 61, has complete loss of 2014–0297 using any of the following Services, telephone (202) 366–9826. vision in his right eye due to a traumatic methods: SUPPLEMENTARY INFORMATION: • incident in 1971. The visual acuity in Federal eRulemaking Portal: Go to I. Background his right eye is no light perception, and http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, in his left eye, 20/20. Following an on-line instructions for submitting examination in 2014, his comments. FMCSA may grant an exemption from • the Federal Motor Carrier Safety ophthalmologist stated, Mail: Docket Management Facility; ‘‘Mr. Huffman has excellent ocular U.S. Department of Transportation, 1200 Regulations for a 2-year period if it finds ‘‘such exemption would likely achieve a health of his only seeing eye. He has New Jersey Avenue SE., West Building sufficient vision in that eye to operate Ground Floor, Room W12–140, level of safety that is equivalent to or greater than the level that would be a commercial vehicle.’’ Mr. Huffman Washington, DC 20590–0001. reported that he has driven straight • Hand Delivery: West Building achieved absent such exemption.’’ FMCSA can renew exemptions at the trucks for 18 years, accumulating Ground Floor, Room W12–140, 1200 189,000 miles. He holds an operator’s New Jersey Avenue SE., Washington, end of each 2-year period. The 12 individuals listed in this notice have license from Oregon. His driving record DC, between 9 a.m. and 5 p.m., Monday for the last 3 years shows no crashes and through Friday, except Federal each requested such an exemption from the vision requirement in 49 CFR no convictions for moving violations in Holidays. a CMV. • Fax: 1–202–493–2251. 391.41(b)(10), which applies to drivers Instructions: Each submission must of CMVs in interstate commerce. Purvis W. Kills Enemy At Night Accordingly, the Agency will evaluate include the Agency name and the Mr. Kills Enemy At Night, 48, has the qualifications of each applicant to docket numbers for this notice. Note complete loss of vision in his left eye determine whether granting an that all comments received will be due to a traumatic incident in 1994. The exemption will achieve the required posted without change to http:// visual acuity in his right eye is 20/25, level of safety mandated by statute. www.regulations.gov, including any and in his left eye, no light perception. personal information provided. Please II. Qualifications of Applicants Following an examination in 2014, his see the Privacy Act heading below for ophthalmologist stated, ‘‘I do think he Rickie L. Brown further information. has sufficient vision to safely perform Docket: For access to the docket to Mr. Brown, 51, has a scar in his left driving his bus.’’ read background documents or eye due to a traumatic incident in Mr. Kills Enemy At Night reported comments, go to http:// childhood. The visual acuity in his right that he has driven buses for 4 years, www.regulations.gov at any time or eye is 20/20, and in his left eye, 20/125. accumulating 115,200 miles. He holds a Room W12–140 on the ground level of Following an examination in 2014, his Class B CDL from South Dakota. His the West Building, 1200 New Jersey optometrist stated, ‘‘I certify that, in my driving record for the last 3 years shows Avenue SE., Washington, DC, between 9 medical opinion, this patient has no crashes and no convictions for a.m. and 5 p.m., Monday through sufficient vision to operate a moving violations in a CMV. Friday, except Federal holidays. The commercial motor vehicle . . . No FDMS is available 24 hours each day, correction needed present CDL has Daniel M. King 365 days each year. If you want restrictions 3 and F [sic] . . . Patient Mr. King, 39, has had amblyopia in acknowledgment that we received your should continue w/present restrictions.’’ his left eye since birth. The visual acuity comments, please include a self- Mr. Brown reported that he has driven in his right eye is 20/20, and in his left addressed, stamped envelope or tractor-trailer combinations for 27 years, eye, 20/400. Following an examination postcard or print the acknowledgement accumulating 4.05 million miles. He in 2014, his optometrist stated, ‘‘Based
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63213
on my examination of Mr. King’s eyes, no crashes and no convictions for driving tasks to operate a commercial I hereby certify in my medical opinion, moving violations in a CMV. vehicle.’’ Daniel King has appropriate vision to Mr. Susino reported that he has Michael J. Monroe perform the driving tasks to operate a driven straight trucks for 22 years, commercial vehicle.’’ Mr. King reported Mr. Monroe, 67, has a prosthetic left accumulating 374,000 miles. He holds that he has driven straight trucks for 24 eye due to a traumatic incident in 1969. an operator’s license from New Jersey. years, accumulating 12,000 miles. He The visual acuity in his right eye is His driving record for the last 3 years holds an operator’s license from 20/15, and in his left eye, no light shows 1 crash, for which he was not Oklahoma. His driving record for the perception. Following an examination cited and to which he did not last 3 years shows no crashes and no in 2014, his ophthalmologist stated, contribute, and no convictions for convictions for moving violations in a ‘‘Patient’s vision is stable in his only moving violations in a CMV. CMV. eye, the right eye, at better than 20/20. Recommend driving privileges for III. Public Participation and Request for Robby K. Leith II commercial driving [sic] license.’’ Comments Mr. Leith, 26, has had amblyopia in Mr. Monroe reported that he has driven FMCSA encourages you to participate his left eye since childhood. The visual straight trucks for 32 years, by submitting comments and related acuity in his right eye is 20/20, and in accumulating 16,000 miles and buses materials. his left eye, 20/100. Following an for 1 month, accumulating 4,320 miles. Submitting Comments examination in 2014, his optometrist He holds a Class A CDL from Iowa. His If you submit a comment, please stated, ‘‘And in my opinion he has driving record for the last 3 years shows include the docket number for this sufficient vision to perform the driving no crashes and no convictions for notice, indicate the specific section of tasks to operate a commercial vehicle.’’ moving violations in a CMV. this document to which each comment Mr. Leith reported that he has driven Eugene F. Napieralski applies, and provide a reason for each straight trucks for 4 years, accumulating Mr. Napieralski, 50, has a corneal scar suggestion or recommendation. You 72,000 miles. He holds an operator’s in his left eye due to a traumatic may submit your comments and license from California. His driving incident in childhood. The visual acuity material online or by fax, mail, or hand record for the last 3 years shows no in his right eye is 20/20, and in his left delivery, but please use only one of crashes and no convictions for moving eye, no light perception. Following an these means. FMCSA recommends that violations in a CMV. examination in 2014, his optometrist you include your name and a mailing Roger F. Love stated, ‘‘It is my opinion that he has address, an email address, or a phone proven over the past twenty years of number in the body of your document Mr. Love, 73, has complete loss of accident free [sic] driving that he has so the Agency can contact you if it has vision in his right eye due to a traumatic sufficient vision to operate a questions regarding your submission. incident during childhood. The visual commercial vehicle.’’ Mr. Napieralski To submit your comment online, go to acuity in his right eye is no light reported that he has driven straight http://www.regulations.gov and put the perception, and in his left eye, 20/20. trucks for 29 years, accumulating docket number FMCSA–2014–0297 in Following an examination in 2014, his 522,000 miles. He holds a Class B CDL the ‘‘Keyword’’ box, and click ‘‘Search. ophthalmologist stated, ‘‘I certify in my from Minnesota. His driving record for When the new screen appears, click on medical opinion that Roger Love does the last 3 years shows no crashes and no ‘‘Comment Now!’’ button and type your have sufficient vision to perform the convictions for moving violations in a comment into the text box in the driving tasks required to operate a CMV. following screen. Choose whether you commercial vehicle.’’ Mr. Love reported are submitting your comment as an that he has driven straight trucks for 10 Benjamin Riegelman individual or on behalf of a third party years, accumulating 100,000 miles, and Mr. Riegelman, 52, has had refractive and then submit. If you submit your tractor-trailer combinations for 50 years, amblyopia in his left eye since comments by mail or hand delivery, accumulating 1 million miles. He holds childhood. The visual acuity in his right submit them in an unbound format, no a Class A CDL from Minnesota. His 1 eye is 20/20, and in his left eye, 20/400. larger than 8 ⁄2 by 11 inches, suitable for driving record for the last 3 years shows Following an examination in 2014, his copying and electronic filing. If you no crashes and 1 conviction for a optometrist stated, ‘‘Vision is sufficient submit comments by mail and would moving violation in a CMV; he exceeded to perform driving tasks required to like to know that they reached the the speed limit by 5 mph. operate a commercial vehicle.’’ facility, please enclose a stamped, self- Gary G. Medeiros II Mr. Riegelman reported that he has addressed postcard or envelope. driven straight trucks for 27 years, FMCSA will consider all comments Mr. Medeiros, 48, has had amblyopia accumulating 270,000 miles. He holds a and material received during the in his right eye since childhood. The Class B CDL from New Jersey. His comment period and may change this visual acuity in his right eye is 20/80, driving record for the last 3 years shows notice based on your comments. and in his left eye, 20/20. Following an no crashes and no convictions for Viewing Comments and Documents examination in 2014, his optometrist moving violations in a CMV. stated, ‘‘Mr. Medeiros’ vision is stable. To view comments, as well as He has more than adequate vision to Stephen Susino documents mentioned in this preamble operate a commercial vehicle.’’ Mr. Susino, 57, has had a corneal as being available in the docket, go to Mr. Medeiros reported that he has transplant in his right eye since 1991. http://www.regulations.gov and insert driven straight trucks for 30 years, The visual acuity in his right eye is the docket number FMCSA–2014–0297 accumulating 4.2 million miles and hand motion, and in his left eye, 20/20. in the ‘‘Keyword’’ box and click tractor-trailer combinations for 30 years, Following an examination in 2014, his ‘‘Search.’’ Next, click ‘‘Open Docket accumulating 3.72 million miles. He ophthalmologist stated, ‘‘It is my Folder’’ button and choose the holds a Class A CDL from Idaho. His medical opinion that his vision is document listed to review. If you do not driving record for the last 3 years shows sufficient to perform the required have access to the Internet, you may
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63214 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
view the docket online by visiting the see the Privacy Act heading below for II. Qualifications of Applicants Docket Management Facility in Room further information. Jeffrey S. Argabright W12–140 on the ground floor of the Docket: For access to the docket to Mr. Argabright, 44, has had ITDM DOT West Building, 1200 New Jersey read background documents or Avenue SE., Washington, DC 20590, since 1999. His endocrinologist comments, go to http:// examined him in 2014 and certified that between 9 a.m. and 5 p.m., e.t., Monday www.regulations.gov at any time or through Friday, except Federal holidays. he has had no severe hypoglycemic Room W12–140 on the ground level of reactions resulting in loss of Issued on: October 10, 2014. the West Building, 1200 New Jersey consciousness, requiring the assistance Larry W. Minor, Avenue SE., Washington, DC, between of another person, or resulting in Associate Administrator for Policy. 9 a.m. and 5 p.m., Monday through impaired cognitive function that [FR Doc. 2014–25126 Filed 10–21–14; 8:45 am] Friday, except Federal holidays. The occurred without warning in the past 12 BILLING CODE P Federal Docket Management System months and no recurrent (2 or more) (FDMS) is available 24 hours each day, severe hypoglycemic episodes in the 365 days each year. If you want last 5 years. His endocrinologist certifies DEPARTMENT OF TRANSPORTATION acknowledgment that we received your that Mr. Argabright understands comments, please include a self- diabetes management and monitoring, Federal Motor Carrier Safety addressed, stamped envelope or has stable control of his diabetes using Administration postcard or print the acknowledgement insulin, and is able to drive a CMV [Docket No. FMCSA–2014–0307] page that appears after submitting safely. Mr. Argabright meets the comments on-line. requirements of the vision standard at Qualification of Drivers; Exemption 49 CFR 391.41(b)(10). His Privacy Act: Anyone may search the Applications; Diabetes Mellitus ophthalmologist examined him in 2014 electronic form of all comments and certified that he has stable AGENCY: Federal Motor Carrier Safety received into any of our dockets by the nonproliferative diabetic retinopathy. Administration (FMCSA). name of the individual submitting the He holds a Class A CDL from Ohio. ACTION: Notice of applications for comment (or of the person signing the exemptions request for comments. comment, if submitted on behalf of an Darrell G. Brave association, business, labor union, etc.). Mr. Brave, 63, has had ITDM since SUMMARY: FMCSA announces receipt of You may review DOT’s Privacy Act 2005. His endocrinologist examined him applications from 32 individuals for Statement for the Federal Docket in 2014 and certified that he has had no exemption from the prohibition against Management System (FDMS) published severe hypoglycemic reactions resulting persons with insulin-treated diabetes in the Federal Register on January 17, in loss of consciousness, requiring the mellitus (ITDM) operating commercial 2008 (73 FR 3316). assistance of another person, or motor vehicles (CMVs) in interstate resulting in impaired cognitive function commerce. If granted, the exemptions FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief, Medical that occurred without warning in the would enable these individuals with past 12 months and no recurrent (2 or Programs Division, (202) 366–4001, ITDM to operate CMVs in interstate more) severe hypoglycemic episodes in [email protected], FMCSA, commerce. the last 5 years. His endocrinologist Department of Transportation, 1200 DATES: Comments must be received on certifies that Mr. Brave understands New Jersey Avenue SE., Room W64– or before November 21, 2014. diabetes management and monitoring, 224, Washington, DC 20590–0001. ADDRESSES: You may submit comments has stable control of his diabetes using Office hours are from 8:30 a.m. to bearing the Federal Docket Management insulin, and is able to drive a CMV 5 p.m., Monday through Friday, except System (FDMS) Docket No. FMCSA– safely. Mr. Brave meets the Federal holidays. 2014–0307 using any of the following requirements of the vision standard at methods: SUPPLEMENTARY INFORMATION: 49 CFR 391.41(b)(10). His optometrist • Federal eRulemaking Portal: Go to examined him in 2014 and certified that http://www.regulations.gov. Follow the I. Background he does not have diabetic retinopathy. on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315, He holds a Class A CDL from comments. FMCSA may grant an exemption from Washington. • Mail: Docket Management Facility; the Federal Motor Carrier Safety Domingo Cantu U.S. Department of Transportation, 1200 Regulations for a 2-year period if it finds New Jersey Avenue SE., West Building Mr. Cantu, 64, has had ITDM since ‘‘such exemption would likely achieve a Ground Floor, Room W12–140, 2009. His endocrinologist examined him Washington, DC 20590–0001. level of safety that is equivalent to or in 2014 and certified that he has had no • Hand Delivery: West Building greater than the level that would be severe hypoglycemic reactions resulting Ground Floor, Room W12–140, 1200 achieved absent such exemption.’’ The in loss of consciousness, requiring the New Jersey Avenue SE., Washington, statute also allows the Agency to renew assistance of another person, or DC, between 9 a.m. and 5 p.m., Monday exemptions at the end of the 2-year resulting in impaired cognitive function through Friday, except Federal period. The 32 individuals listed in this that occurred without warning in the Holidays. notice have recently requested such an past 12 months and no recurrent (2 or • Fax: 1–202–493–2251. exemption from the diabetes prohibition more) severe hypoglycemic episodes in Instructions: Each submission must in 49 CFR 391.41(b)(3), which applies to the last 5 years. His endocrinologist include the Agency name and the drivers of CMVs in interstate commerce. certifies that Mr. Cantu understands docket numbers for this notice. Note Accordingly, the Agency will evaluate diabetes management and monitoring, that all comments received will be the qualifications of each applicant to has stable control of his diabetes using posted without change to http:// determine whether granting the insulin, and is able to drive a CMV www.regulations.gov, including any exemption will achieve the required safely. Mr. Cantu meets the personal information provided. Please level of safety mandated by statute. requirements of the vision standard at
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63215
49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV has stable control of his diabetes using ophthalmologist examined him in 2014 safely. Mr. Devaney meets the insulin, and is able to drive a CMV and certified that he has stable requirements of the vision standard at safely. Mr. Gomez meets the proliferative diabetic retinopathy. He 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at holds a Class A CDL from Washington. examined him in 2014 and certified that 49 CFR 391.41(b)(10). His he does not have diabetic retinopathy. ophthalmologist examined him in 2014 Nicholas M. Cooper He holds a Class A CDL from Alabama. and certified that he has stable Mr. Cooper, 21, has had ITDM since nonproliferative diabetic retinopathy. Donald L. Feltman 2012. His endocrinologist examined him He holds an operator’s license from in 2014 and certified that he has had no Mr. Feltman, 69, has had ITDM since Louisiana. severe hypoglycemic reactions resulting 2013. His endocrinologist examined him in loss of consciousness, requiring the in 2014 and certified that he has had no Arthur Gonzalez assistance of another person, or severe hypoglycemic reactions resulting Mr. Gonzalez, 54, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2006. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2014 and certified that he has had no past 12 months and no recurrent (2 or resulting in impaired cognitive function severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in that occurred without warning in the in loss of consciousness, requiring the the last 5 years. His endocrinologist past 12 months and no recurrent (2 or assistance of another person, or certifies that Mr. Cooper understands more) severe hypoglycemic episodes in resulting in impaired cognitive function diabetes management and monitoring, the last 5 years. His endocrinologist that occurred without warning in the has stable control of his diabetes using certifies that Mr. Feltman understands past 12 months and no recurrent (2 or insulin, and is able to drive a CMV diabetes management and monitoring, more) severe hypoglycemic episodes in safely. Mr. Cooper meets the has stable control of his diabetes using the last 5 years. His endocrinologist requirements of the vision standard at insulin, and is able to drive a CMV certifies that Mr. Gonzalez understands 49 CFR 391.41(b)(10). His optometrist safely. Mr. Feltman meets the diabetes management and monitoring, examined him in 2014 and certified that requirements of the vision standard at has stable control of his diabetes using he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV He holds an operator’s license from examined him in 2014 and certified that safely. Mr. Gonzalez meets the Florida. he does not have diabetic retinopathy. requirements of the vision standard at He holds a Class A CDL from 49 CFR 391.41(b)(10). His James L. Crane Minnesota. ophthalmologist examined him in 2014 Mr. Crane, 66, has had ITDM since and certified that he does not have Benjamin T. Filip 2012. His endocrinologist examined him diabetic retinopathy. He holds a Class B in 2014 and certified that he has had no Mr. Filip, 61, has had ITDM since CDL from Texas. severe hypoglycemic reactions resulting 2010. His endocrinologist examined him in loss of consciousness, requiring the in 2014 and certified that he has had no Charles W. Guillory assistance of another person, or severe hypoglycemic reactions resulting Mr. Guillory, 63, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2013. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2014 and certified that he has had no past 12 months and no recurrent (2 or resulting in impaired cognitive function severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in that occurred without warning in the in loss of consciousness, requiring the the last 5 years. His endocrinologist past 12 months and no recurrent (2 or assistance of another person, or certifies that Mr. Crane understands more) severe hypoglycemic episodes in resulting in impaired cognitive function diabetes management and monitoring, the last 5 years. His endocrinologist that occurred without warning in the has stable control of his diabetes using certifies that Mr. Filip understands past 12 months and no recurrent (2 or insulin, and is able to drive a CMV diabetes management and monitoring, more) severe hypoglycemic episodes in safely. Mr. Crane meets the has stable control of his diabetes using the last 5 years. His endocrinologist requirements of the vision standard at insulin, and is able to drive a CMV certifies that Mr. Guillory understands 49 CFR 391.41(b)(10). His optometrist safely. Mr. Filip meets the requirements diabetes management and monitoring, examined him in 2014 and certified that of the vision standard at 49 CFR has stable control of his diabetes using he does not have diabetic retinopathy. 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV He holds an operator’s license from him in 2014 and certified that he does safely. Mr. Guillory meets the Mississippi. not have diabetic retinopathy. He holds requirements of the vision standard at a Class A CDL from North Dakota. 49 CFR 391.41(b)(10). His Bobby O. Devaney ophthalmologist examined him in 2014 Harold L. Gomez Mr. Devaney, 59, has had ITDM since and certified that he does not have 2014. His endocrinologist examined him Mr. Gomez, 61, has had ITDM since diabetic retinopathy. He holds a Class A in 2014 and certified that he has had no 2009. His endocrinologist examined him CDL from Louisiana. severe hypoglycemic reactions resulting in 2014 and certified that he has had no in loss of consciousness, requiring the severe hypoglycemic reactions resulting Bernard Heffern assistance of another person, or in loss of consciousness, requiring the Mr. Heffern, 57, has had ITDM since resulting in impaired cognitive function assistance of another person, or 2009. His endocrinologist examined him that occurred without warning in the resulting in impaired cognitive function in 2014 and certified that he has had no past 12 months and no recurrent (2 or that occurred without warning in the severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in past 12 months and no recurrent (2 or in loss of consciousness, requiring the the last 5 years. His endocrinologist more) severe hypoglycemic episodes in assistance of another person, or certifies that Mr. Devaney understands the last 5 years. His endocrinologist resulting in impaired cognitive function diabetes management and monitoring, certifies that Mr. Gomez understands that occurred without warning in the has stable control of his diabetes using diabetes management and monitoring, past 12 months and no recurrent (2 or
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63216 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
more) severe hypoglycemic episodes in assistance of another person, or severe hypoglycemic reactions resulting the last 5 years. His endocrinologist resulting in impaired cognitive function in loss of consciousness, requiring the certifies that Mr. Heffern understands that occurred without warning in the assistance of another person, or diabetes management and monitoring, past 12 months and no recurrent (2 or resulting in impaired cognitive function has stable control of his diabetes using more) severe hypoglycemic episodes in that occurred without warning in the insulin, and is able to drive a CMV the last 5 years. His endocrinologist past 12 months and no recurrent (2 or safely. Mr. Heffern meets the certifies that Mr. Jensen understands more) severe hypoglycemic episodes in requirements of the vision standard at diabetes management and monitoring, the last 5 years. His endocrinologist 49 CFR 391.41(b)(10). His has stable control of his diabetes using certifies that Mr. Lee understands ophthalmologist examined him in 2014 insulin, and is able to drive a CMV diabetes management and monitoring, and certified that he does not have safely. Mr. Jensen meets the has stable control of his diabetes using diabetic retinopathy. He holds a Class A requirements of the vision standard at insulin, and is able to drive a CMV CDL from New Jersey. 49 CFR 391.41(b)(10). His optometrist safely. Mr. Lee meets the requirements examined him in 2014 and certified that John W. Hurlbert of the vision standard at 49 CFR he does not have diabetic retinopathy. 391.41(b)(10). His ophthalmologist Mr. Hurlbert, 55, has had ITDM since He holds a Class A CDL from New examined him in 2014 and certified that 1980. His endocrinologist examined him Jersey. he has stable nonproliferative diabetic in 2014 and certified that he has had no retinopathy. He holds a Class A CDL severe hypoglycemic reactions resulting Robert W. Johnson, Sr. from New York. in loss of consciousness, requiring the Mr. Johnson, 74, has had ITDM since assistance of another person, or 2011. His endocrinologist examined him Gerald R. Lewis resulting in impaired cognitive function in 2014 and certified that he has had no that occurred without warning in the severe hypoglycemic reactions resulting Mr. Lewis, 54, has had ITDM since past 12 months and no recurrent (2 or in loss of consciousness, requiring the 2008. His endocrinologist examined him more) severe hypoglycemic episodes in assistance of another person, or in 2014 and certified that he has had no the last 5 years. His endocrinologist resulting in impaired cognitive function severe hypoglycemic reactions resulting certifies that Mr. Hurlbert understands that occurred without warning in the in loss of consciousness, requiring the diabetes management and monitoring, past 12 months and no recurrent (2 or assistance of another person, or has stable control of his diabetes using more) severe hypoglycemic episodes in resulting in impaired cognitive function insulin, and is able to drive a CMV the last 5 years. His endocrinologist that occurred without warning in the safely. Mr. Hurlbert meets the certifies that Mr. Johnson understands past 12 months and no recurrent (2 or requirements of the vision standard at diabetes management and monitoring, more) severe hypoglycemic episodes in 49 CFR 391.41(b)(10). His has stable control of his diabetes using the last 5 years. His endocrinologist ophthalmologist examined him in 2014 insulin, and is able to drive a CMV certifies that Mr. Lewis understands and certified that he has stable safely. Mr. Johnson meets the diabetes management and monitoring, nonproliferative diabetic retinopathy. requirements of the vision standard at has stable control of his diabetes using He holds an operator’s license from New 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV Jersey. ophthalmologist examined him in 2014 safely. Mr. Lewis meets the and certified that he does not have requirements of the vision standard at Roosevelt Isaiah diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His optometrist Mr. Isaiah, 69, has had ITDM since CDL from New York. examined him in 2014 and certified that 2008. His endocrinologist examined him Joseph H. Karas he does not have diabetic retinopathy. in 2014 and certified that he has had no He holds an operator’s license from severe hypoglycemic reactions resulting Mr. Karas, 32, has had ITDM since Tennessee. in loss of consciousness, requiring the 1987. His endocrinologist examined him assistance of another person, or in 2014 and certified that he has had no John R. Miller, II resulting in impaired cognitive function severe hypoglycemic reactions resulting that occurred without warning in the in loss of consciousness, requiring the Mr. Miller, 46, has had ITDM since past 12 months and no recurrent (2 or assistance of another person, or 1988. His endocrinologist examined him more) severe hypoglycemic episodes in resulting in impaired cognitive function in 2014 and certified that he has had no the last 5 years. His endocrinologist that occurred without warning in the severe hypoglycemic reactions resulting certifies that Mr. Isaiah understands past 12 months and no recurrent (2 or in loss of consciousness, requiring the diabetes management and monitoring, more) severe hypoglycemic episodes in assistance of another person, or has stable control of his diabetes using the last 5 years. His endocrinologist resulting in impaired cognitive function insulin, and is able to drive a CMV certifies that Mr. Karas understands that occurred without warning in the safely. Mr. Isaiah meets the diabetes management and monitoring, past 12 months and no recurrent (2 or requirements of the vision standard at has stable control of his diabetes using more) severe hypoglycemic episodes in 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV the last 5 years. His endocrinologist ophthalmologist examined him in 2014 safely. Mr. Karas meets the requirements certifies that Mr. Miller understands and certified that he does not have of the vision standard at 49 CFR diabetes management and monitoring, diabetic retinopathy. He holds a Class A 391.41(b)(10). His optometrist examined has stable control of his diabetes using CDL from South Carolina. him in 2014 and certified that he does insulin, and is able to drive a CMV not have diabetic retinopathy. He holds safely. Mr. Miller meets the William T. Jensen an operator’s license from New Jersey. requirements of the vision standard at Mr. Jensen, 28, has had ITDM since 49 CFR 391.41(b)(10). His 2013. His endocrinologist examined him Randy C. Lee ophthalmologist examined him in 2014 in 2014 and certified that he has had no Mr. Lee, 50, has had ITDM since 2014. and certified that he does not have severe hypoglycemic reactions resulting His endocrinologist examined him in diabetic retinopathy. He holds a Class B in loss of consciousness, requiring the 2014 and certified that he has had no CDL from Oregon.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63217
Robert A. Nicolai he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist Mr. Nicolai, 51, has had ITDM since He holds a Class A CDL from Iowa. examined him in 2014 and certified that he does not have diabetic retinopathy. 2008. His endocrinologist examined him Otto E. Reimer in 2014 and certified that he has had no He holds a Class B CDL from North Mr. Reimer, 66, has had ITDM since Carolina. severe hypoglycemic reactions resulting 1995. His endocrinologist examined him in loss of consciousness, requiring the in 2014 and certified that he has had no Samuel H. Schmidt assistance of another person, or severe hypoglycemic reactions resulting Mr. Schmidt, 21, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 1997. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2014 and certified that he has had no past 12 months and no recurrent (2 or resulting in impaired cognitive function severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in that occurred without warning in the in loss of consciousness, requiring the the last 5 years. His endocrinologist past 12 months and no recurrent (2 or assistance of another person, or certifies that Mr. Nicolai understands more) severe hypoglycemic episodes in resulting in impaired cognitive function diabetes management and monitoring, the last 5 years. His endocrinologist that occurred without warning in the has stable control of his diabetes using certifies that Mr. Reimer understands past 12 months and no recurrent (2 or insulin, and is able to drive a CMV diabetes management and monitoring, more) severe hypoglycemic episodes in safely. Mr. Nicolai meets the has stable control of his diabetes using the last 5 years. His endocrinologist requirements of the vision standard at insulin, and is able to drive a CMV certifies that Mr. Schmidt understands 49 CFR 391.41(b)(10). His safely. Mr. Reimer meets the diabetes management and monitoring, ophthalmologist examined him in 2014 requirements of the vision standard at has stable control of his diabetes using and certified that he does not have 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV diabetic retinopathy. He holds an ophthalmologist examined him in 2014 safely. Mr. Schmidt meets the operator’s license from Missouri. and certified that he has stable requirements of the vision standard at William P. Pearson, II nonproliferative diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist He holds a Class B CDL from Montana. examined him in 2014 and certified that Mr. Pearson, 33, has had ITDM since he does not have diabetic retinopathy. Danny L. Reimers 2013. His endocrinologist examined him He holds an operator’s license from in 2014 and certified that he has had no Mr. Reimers, 61, has had ITDM since Minnesota. severe hypoglycemic reactions resulting 2001. His endocrinologist examined him in loss of consciousness, requiring the in 2014 and certified that he has had no Timothy W. Selk assistance of another person, or severe hypoglycemic reactions resulting Mr. Selk, 56, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2009. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2014 and certified that he has had no past 12 months and no recurrent (2 or resulting in impaired cognitive function severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in that occurred without warning in the in loss of consciousness, requiring the the last 5 years. His endocrinologist past 12 months and no recurrent (2 or assistance of another person, or certifies that Mr. Pearson understands more) severe hypoglycemic episodes in resulting in impaired cognitive function diabetes management and monitoring, the last 5 years. His endocrinologist that occurred without warning in the has stable control of his diabetes using certifies that Mr. Reimers understands past 12 months and no recurrent (2 or insulin, and is able to drive a CMV diabetes management and monitoring, more) severe hypoglycemic episodes in safely. Mr. Pearson meets the has stable control of his diabetes using the last 5 years. His endocrinologist requirements of the vision standard at insulin, and is able to drive a CMV certifies that Mr. Selk understands 49 CFR 391.41(b)(10). His optometrist safely. Mr. Reimers meets the diabetes management and monitoring, examined him in 2014 and certified that requirements of the vision standard at has stable control of his diabetes using he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV He holds an operator’s license from examined him in 2014 and certified that safely. Mr. Selk meets the requirements Wisconsin. he does not have diabetic retinopathy. of the vision standard at 49 CFR Alan M. Primus He holds an operator’s license from New 391.41(b)(10). His optometrist examined Mexico. him in 2014 and certified that he does Mr. Primus, 63, has had ITDM since not have diabetic retinopathy. He holds Michael L. Reynolds 2010. His endocrinologist examined him a Class A CDL from Alaska. in 2014 and certified that he has had no Mr. Reynolds, 47, has had ITDM since severe hypoglycemic reactions resulting 2013. His endocrinologist examined him Dennis J. Stanley in loss of consciousness, requiring the in 2014 and certified that he has had no Mr. Stanley, 60, has had ITDM since assistance of another person, or severe hypoglycemic reactions resulting 2014. His endocrinologist examined him resulting in impaired cognitive function in loss of consciousness, requiring the in 2014 and certified that he has had no that occurred without warning in the assistance of another person, or severe hypoglycemic reactions resulting past 12 months and no recurrent (2 or resulting in impaired cognitive function in loss of consciousness, requiring the more) severe hypoglycemic episodes in that occurred without warning in the assistance of another person, or the last 5 years. His endocrinologist past 12 months and no recurrent (2 or resulting in impaired cognitive function certifies that Mr. Primus understands more) severe hypoglycemic episodes in that occurred without warning in the diabetes management and monitoring, the last 5 years. His endocrinologist past 12 months and no recurrent (2 or has stable control of his diabetes using certifies that Mr. Reynolds understands more) severe hypoglycemic episodes in insulin, and is able to drive a CMV diabetes management and monitoring, the last 5 years. His endocrinologist safely. Mr. Primus meets the has stable control of his diabetes using certifies that Mr. Stanley understands requirements of the vision standard at insulin, and is able to drive a CMV diabetes management and monitoring, 49 CFR 391.41(b)(10). His optometrist safely. Mr. Reynolds meets the has stable control of his diabetes using examined him in 2014 and certified that requirements of the vision standard at insulin, and is able to drive a CMV
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63218 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
safely. Mr. Stanley meets the diabetes management and monitoring, Therefore, all of the requirements set requirements of the vision standard at has stable control of his diabetes using out in the September 3, 2003 notice, 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV except as modified by the notice in the ophthalmologist examined him in 2014 safely. Mr. Westbury meets the Federal Register on November 8, 2005 and certified that he does not have requirements of the vision standard at (70 FR 67777), remain in effect. diabetic retinopathy. He holds a Class B 49 CFR 391.41(b)(10). His CDL from Illinois. ophthalmologist examined him in 2014 IV. Submitting Comments and certified that he does not have Howard J. Steinberg You may submit your comments and diabetic retinopathy. He holds an Mr. Steinberg, 65, has had ITDM since operator’s license from South Carolina. material online or by fax, mail, or hand 2000. His endocrinologist examined him delivery, but please use only one of in 2014 and certified that he has had no III. Request for Comments these means. FMCSA recommends that severe hypoglycemic reactions resulting In accordance with 49 U.S.C. 31136(e) you include your name and a mailing in loss of consciousness, requiring the and 31315, FMCSA requests public address, an email address, or a phone assistance of another person, or comment from all interested persons on number in the body of your document resulting in impaired cognitive function the exemption petitions described in so that FMCSA can contact you if there that occurred without warning in the this notice. We will consider all are questions regarding your past 12 months and no recurrent (2 or comments received before the close of submission. more) severe hypoglycemic episodes in business on the closing date indicated To submit your comment online, go to the last 5 years. His endocrinologist in the date section of the notice. http://www.regulations.gov and in the certifies that Mr. Steinberg understands FMCSA notes that section 4129 of the diabetes management and monitoring, Safe, Accountable, Flexible and search box insert the docket number has stable control of his diabetes using Efficient Transportation Equity Act: A FMCSA–2014–0307 and click the search insulin, and is able to drive a CMV Legacy for Users requires the Secretary button. When the new screen appears, safely. Mr. Steinberg meets the to revise its diabetes exemption program click on the blue ‘‘Comment Now!’’ requirements of the vision standard at established on September 3, 2003 (68 FR button on the right hand side of the 49 CFR 391.41(b)(10). His 52441) 1. The revision must provide for page. On the new page, enter ophthalmologist examined him in 2014 individual assessment of drivers with information required including the and certified that he does not have diabetes mellitus, and be consistent specific section of this document to diabetic retinopathy. He holds a Class B with the criteria described in section which each comment applies, and CDL from Massachusetts. 4018 of the Transportation Equity Act provide a reason for each suggestion or for the 21st Century (49 U.S.C. 31305). recommendation. If you submit your Steven M. Weimer Section 4129 requires: (1) Elimination comments by mail or hand delivery, Mr. Weimer, 53, has had ITDM since of the requirement for 3 years of submit them in an unbound format, no 2001. His endocrinologist examined him experience operating CMVs while being larger than 81⁄2 by 11 inches, suitable for in 2014 and certified that he has had no treated with insulin; and (2) copying and electronic filing. If you establishment of a specified minimum severe hypoglycemic reactions resulting submit comments by mail and would in loss of consciousness, requiring the period of insulin use to demonstrate like to know that they reached the assistance of another person, or stable control of diabetes before being facility, please enclose a stamped, self- resulting in impaired cognitive function allowed to operate a CMV. addressed postcard or envelope. that occurred without warning in the In response to section 4129, FMCSA past 12 months and no recurrent (2 or made immediate revisions to the We will consider all comments and more) severe hypoglycemic episodes in diabetes exemption program established material received during the comment the last 5 years. His endocrinologist by the September 3, 2003 notice. period and may change this proposed certifies that Mr. Weimer understands FMCSA discontinued use of the 3-year rule based on your comments. FMCSA diabetes management and monitoring, driving experience and fulfilled the may issue a final rule at any time after has stable control of his diabetes using requirements of section 4129 while the close of the comment period. insulin, and is able to drive a CMV continuing to ensure that operation of safely. Mr. Weimer meets the CMVs by drivers with ITDM will V. Viewing Comments and Documents achieve the requisite level of safety requirements of the vision standard at To view comments, as well as any 49 CFR 391.41(b)(10). His required of all exemptions granted under 49 U.S.C. 31136(e). documents mentioned in this preamble, ophthalmologist examined him in 2014 To submit your comment online, go to and certified that he does not have Section 4129(d) also directed FMCSA http://www.regulations.gov and in the diabetic retinopathy. He holds a Class A to ensure that drivers of CMVs with search box insert the docket number CDL from Pennsylvania. ITDM are not held to a higher standard than other drivers, with the exception of FMCSA–2014–0307 and click ‘‘Search.’’ Michael L. Westbury limited operating, monitoring and Next, click ‘‘Open Docket Folder’’ and Mr. Westbury, 50, has had ITDM since medical requirements that are deemed you will find all documents and 2006. His endocrinologist examined him medically necessary. comments related to the proposed in 2014 and certified that he has had no The FMCSA concluded that all of the rulemaking. operating, monitoring and medical severe hypoglycemic reactions resulting Issued on: October 10, 2014. in loss of consciousness, requiring the requirements set out in the September 3, Larry W. Minor, assistance of another person, or 2003 notice, except as modified, were in resulting in impaired cognitive function compliance with section 4129(d). Associate Administrator for Policy. that occurred without warning in the [FR Doc. 2014–25129 Filed 10–21–14; 8:45 am] past 12 months and no recurrent (2 or 1 Section 4129(a) refers to the 2003 notice as a BILLING CODE 4910–EX–P ‘‘final rule.’’ However, the 2003 notice did not issue more) severe hypoglycemic episodes in a ‘‘final rule’’ but did establish the procedures and the last 5 years. His endocrinologist standards for issuing exemptions for drivers with certifies that Mr. Westbury understands ITDM.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00141 Fmt 4703 Sfmt 9990 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63219
DEPARTMENT OF TRANSPORTATION from the public (79 FR 47711). The The qualifications and medical public comment period closed on condition of each applicant were stated Federal Motor Carrier Safety September 15, 2014, and no comments and discussed in detail in the August Administration were received. 14, 2014, Federal Register notice and FMCSA has evaluated the eligibility they will not be repeated in this notice. [FMCSA Docket No. FMCSA–2014–0020] of the 46 applicants and determined that IV. Discussion of Comments Qualification of Drivers; Exemption granting the exemptions to these Applications; Diabetes Mellitus individuals would achieve a level of FMCSA received no comments in this safety equivalent to or greater than the proceeding. AGENCY: Federal Motor Carrier Safety level that would be achieved by Administration (FMCSA), DOT. complying with the current regulation V. Basis for Exemption Determination ACTION: Notice of final disposition. 49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315, III. Diabetes Mellitus and Driving FMCSA may grant an exemption from SUMMARY: FMCSA confirms its decision Experience of the Applicants the diabetes requirement in 49 CFR to exempt 46 individuals from its rule 391.41(b)(3) if the exemption is likely to prohibiting persons with insulin-treated The Agency established the current achieve an equivalent or greater level of diabetes mellitus (ITDM) from operating requirement for diabetes in 1970 safety than would be achieved without commercial motor vehicles (CMVs) in because several risk studies indicated the exemption. The exemption allows interstate commerce. The exemptions that drivers with diabetes had a higher the applicants to operate CMVs in enable these individuals to operate rate of crash involvement than the interstate commerce. general population. The diabetes rule CMVs in interstate commerce. To evaluate the effect of these provides that ‘‘A person is physically DATES: The exemptions were effective qualified to drive a commercial motor exemptions on safety, FMCSA on August 14, 2014. The exemptions vehicle if that person has no established considered medical reports about the expire on September 15, 2016. medical history or clinical diagnosis of applicants’ ITDM and vision, and FOR FURTHER INFORMATION CONTACT: diabetes mellitus currently requiring reviewed the treating endocrinologists’ Elaine M. Papp, R.N., Chief, Medical insulin for control’’ (49 CFR medical opinion related to the ability of Programs Division, (202) 366–4001, 391.41(b)(3)). the driver to safely operate a CMV while [email protected], FMCSA, Room FMCSA established its diabetes using insulin. W64–224, Department of exemption program, based on the Consequently, FMCSA finds that in Transportation, 1200 New Jersey Agency’s July 2000 study entitled ‘‘A each case exempting these applicants Avenue SE., Washington, DC 20590– Report to Congress on the Feasibility of from the diabetes requirement in 49 CFR 0001. Office hours are from 8:30 a.m. to a Program to Qualify Individuals with 391.41(b)(3) is likely to achieve a level 5 p.m., Monday through Friday, except Insulin-Treated Diabetes Mellitus to of safety equal to that existing without Federal holidays. Operate in Interstate Commerce as the exemption. SUPPLEMENTARY INFORMATION: Directed by the Transportation Act for VI. Conditions and Requirements the 21st Century.’’ The report concluded I. Electronic Access that a safe and practicable protocol to The terms and conditions of the You may see all the comments online allow some drivers with ITDM to exemption will be provided to the through the Federal Document operate CMVs is feasible. The applicants in the exemption document Management System (FDMS) at: http:// September 3, 2003 (68 FR 52441), and they include the following: (1) That www.regulations.gov. Federal Register notice in conjunction each individual submit a quarterly Docket: For access to the docket to with the November 8, 2005 (70 FR monitoring checklist completed by the read background documents or 67777), Federal Register notice provides treating endocrinologist as well as an comments, go to http:// the current protocol for allowing such annual checklist with a comprehensive www.regulations.gov and/or Room drivers to operate CMVs in interstate medical evaluation; (2) that each W12–140 on the ground level of the commerce. individual reports within 2 business West Building, 1200 New Jersey Avenue These 46 applicants have had ITDM days of occurrence, all episodes of SE., Washington, DC, between 9 a.m. over a range of 1 to 43 years. These severe hypoglycemia, significant and 5 p.m., Monday through Friday, applicants report no severe complications, or inability to manage except Federal holidays. hypoglycemic reactions resulting in loss diabetes; also, any involvement in an Privacy Act: Anyone may search the of consciousness or seizure, requiring accident or any other adverse event in electronic form of all comments the assistance of another person, or a CMV or personal vehicle, whether or received into any of DOT’s dockets by resulting in impaired cognitive function not it is related to an episode of the name of the individual submitting that occurred without warning hypoglycemia; (3) that each individual the comment (or of the person signing symptoms, in the past 12 months and no provide a copy of the ophthalmologist’s the comment, if submitted on behalf of recurrent (2 or more) severe or optometrist’s report to the medical an association, business, labor union, or hypoglycemic episodes in the past 5 examiner at the time of the annual other entity). You may review DOT’s years. In each case, an endocrinologist medical examination; and (4) that each Privacy Act Statement for the Federal verified that the driver has individual provide a copy of the annual Docket Management System (FDMS) demonstrated a willingness to properly medical certification to the employer for published in the Federal Register on monitor and manage his/her diabetes retention in the driver’s qualification January 17, 2008 (73 FR 3316). mellitus, received education related to file, or keep a copy in his/her driver’s diabetes management, and is on a stable qualification file if he/she is self- II. Background insulin regimen. These drivers report no employed. The driver must also have a On August 14, 2014, FMCSA other disqualifying conditions, copy of the certification when driving, published a notice of receipt of Federal including diabetes-related for presentation to a duly authorized diabetes exemption applications from complications. Each meets the vision Federal, State, or local enforcement 46 individuals and requested comments requirement at 49 CFR 391.41(b)(10). official.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES 63220 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
VII. Conclusion period, the person may apply to FMCSA the Authority’s petition regarding Based upon its evaluation of the 46 for a renewal under procedures in effect whether 10501(b) would preempt CEQA exemption applications, FMCSA at that time. injunctive remedies regarding the Line. exempts the following drivers from the Issued on: October 10, 2014. The Board will therefore institute a diabetes requirement in 49 CFR Larry W. Minor, proceeding to consider the matter. Interested persons may file substantive 391.41(b)(10), subject to the Associate Administrator for Policy. replies to the Authority’s petition by requirements cited above 949 CFR [FR Doc. 2014–25128 Filed 10–21–14; 8:45 am] 391.64(b)): November 6, 2014. BILLING CODE 4910–EX–P This action will not significantly James M. Brooks (VA) affect either the quality of the human Gary L. Brown (PA) environment or the conservation of Richard E. Campney (IA) DEPARTMENT OF TRANSPORTATION energy resources. Steven J. Causie (MI) It is ordered: Wesley A. Chain (TX) Surface Transportation Board 1. A declaratory order proceeding is Richard M. Cohen (NJ) [Docket No. FD 35861] Alex A. Comella (NJ) instituted. Jeffrey R. Courtright (CO) 2. Interested persons may file California High Speed Rail Authority— substantive replies to the Authority’s Dwayne P. Daniels (PA) Petition for Declaratory Order James T. Dodge (CO) petition by November 6, 2014. Richard D. Domingo (NV) On October 9, 2014, the California 3. This decision is effective on its John J. Dominguez (TX) High-Speed Rail Authority (Authority) service date. Mark S. Duda (PA) filed a petition requesting that the Board By the Board. Vernon L. Fulton, Jr. (OR) issue a declaratory order regarding the Rachel D. Campbell, Gary W. Giles (TX) availability of injunctive remedies Director, Office of Proceedings. Benny B. Gonzales (TX) under the California Environmental Brendetta S. Jones, Quality Act (CEQA) to prevent or delay Jerry W. Gott (IA) Clearance Clerk. James L. Hummel (WA) construction of an approximately 114- Matthew J. Jensen (MN) mile high-speed passenger rail line [FR Doc. 2014–25130 Filed 10–21–14; 8:45 am] Joseph A. Kipus (OH) between Fresno and Bakersfield, Cal. BILLING CODE 4915–01–P Kevin L. Kreakie (OH) (the Line). The Board authorized Gerald D. Layton (TX) construction of the Line, subject to Steve F. Levicoff (PA) certain conditions, in California High- DEPARTMENT OF THE TREASURY Kevin C. Lewis (LA) Speed Rail Authority—Construction Timothy M. Malo (ME) Exemption—in Fresno, Kings, Tulare, & Submission for OMB Review; Paul J. Marshall (UT) Kern Counties, California, FD 35724 Comment Request David L. Mc Donald (IL) (Sub-No. 1) (STB served August 12, October 17, 2014. Thomas K. Miszler (PA) 2014) (Vice Chairman Miller concurring The Department of the Treasury will Rusty A. Neal (IL) and Commissioner Begeman dissenting). submit the following information Jacob B. Newman (GA) The Authority states that seven lawsuits collection requests to the Office of Duke R. Pendergraft (TX) have been filed against the Authority Management and Budget (OMB) for Timothy K. Price (WV) challenging its compliance with CEQA review and clearance in accordance Michael C. Prue (ME) with respect to the Line and that the with the Paperwork Reduction Act of Juan C. Rodriguez-Martinez (CA) lawsuits seek injunctive remedies under 1995, Public Law 104–13, on or after the Bradlee R. Saxby (IL) CEQA that would prevent or delay date of publication of this notice. Barry L. Schwab (MI) construction of the Line. The Authority Geoffrey E. Showaker (PA) argues that 49 U.S.C. 10501(b) would DATES: Comments should be received on Nicholas J. Shultz (IN) preempt such CEQA remedies because or before November 21, 2014 to be Kevin J. Sparks (ME) injunctive relief would enjoin assured of consideration. George E. Thompson (NJ) construction of a Board-authorized ADDRESSES: Send comments regarding Dale W. Tucker (VA) project. the burden estimates, or any other William C. Vickery (NY) The Authority has requested that the aspect of the information collections, Cheryl L. Weber Gambill (IL) Board issue an expedited declaratory including suggestions for reducing the Robert A. Whitcomb (MA) order by November 20, 2014. The first burden, to (1) Office of Information and Rodney L. Wichman (IL) case management conference for the Regulatory Affairs, Office of Richard D. Wiegartz (IL) lawsuits is scheduled for November 21, Management and Budget, Attention: In accordance with 49 U.S.C. 31136(e) 2014, and the Authority claims that a Desk Officer for Treasury, New and 31315 each exemption is valid for declaratory order issued before that Executive Office Building, Room 10235, two years unless revoked earlier by conference would remove uncertainty Washington, DC 20503, or email at FMCSA. The exemption will be revoked regarding the CEQA injunctive remedies [email protected] and if the following occurs: (1) The person available to the litigants. The Authority (2) Treasury PRA Clearance Officer, fails to comply with the terms and states that it served a copy of its petition 1750 Pennsylvania Ave. NW., Suite conditions of the exemption; (2) the on all counsel of record in the lawsuits. 8141, Washington, DC 20220, or email exemption has resulted in a lower level The Board has discretionary authority at [email protected]. of safety than was maintained before it under 5 U.S.C. 554(e) and 49 U.S.C. 721 FOR FURTHER INFORMATION CONTACT: was granted; or (3) continuation of the to issue a declaratory order to eliminate Copies of the submissions may be exemption would not be consistent with a controversy or remove uncertainty. obtained by emailing [email protected], the goals and objectives of 49 U.S.C. Here, it is appropriate to institute a calling (202) 622–1295, or viewing the 31136(e) and 31315. If the exemption is declaratory order proceeding so that the entire information collection request at still effective at the end of the 2-year Board can consider the issues raised in www.reginfo.gov.
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 63221
Internal Revenue Service (IRS) of a personal residence trust or a DEPARTMENT OF VETERANS OMB Number: 1545–0988. qualified personal residence trust in AFFAIRS Type of Review: Extension without order to comply with the applicable change of a currently approved requirements for such trusts. The final Funding Availability Under Supportive collection. regulations also provide that the Services for Veteran Families Program Title: Form 8609, Low-Income governing instruments of such trusts Housing Credit Allocation Certification; must prohibit the sale of a residence AGENCY: Veterans Health Form 8609–A, Annual Statement for held in the trust to the grantor of the Administration, Department of Veterans Low-Income Housing Credit. trust, the grantor’s spouse, or an entity Affairs. Form: 8609, 8609–A. controlled by the grantor or the grantor’s ACTION: Abstract: Owners of residential low- spouse. 26 CFR 25.2702–5(a)(2) Notice; correction. income rental buildings may claim a Affected Public: Individuals or low-income housing credit for each households. SUMMARY: The Department of Veterans qualified building over a 10-year credit Estimated Annual Burden Hours: 625. Affairs (VA) published a Notice of period. Form 8609 can be used to obtain OMB Number: 1545–1914. Funding Availability in the Federal a housing credit allocation from the Type of Review: Revision of a Register on October 10, 2014, that housing credit agency. Form 8609, along currently approved collection. contained an error. Specifically, it with Form 8609–A, is used by the Title: Low Sulfur Diesel Fuel incorrectly stated the phone number for owner to certify necessary information Production Credit. the VA point of contact, John Kuhn. The required by the law. Form: 8896. correct phone number is (877) 737– Affected Public: Businesses or other Abstract: Qualified small business 0111. for-profits; State, local, or tribal refiners use Form 8896 to claim the low Dated: October 17, 2014. governments. sulfur diesel fuel production credit. The Estimated Annual Burden Hours: credit generally is 5 cents for every William F. Russo, 4,090,332. gallon of low sulfur diesel fuel Acting Director, Office of Regulation Policy OMB Number: 1545–1485. produced. & Management, Office of the General Counsel, Type of Review: Extension without Affected Public: Businesses or other Department of Veterans Affairs. change of a currently approved for-profits. [FR Doc. 2014–25096 Filed 10–21–14; 8:45 am] collection. Estimated Annual Burden Hours: 260. BILLING CODE 8320–01–P Title: T.D. 8743, Sale of Residence From Qualified Personal Residence Brenda Simms, Trust. Treasury PRA Clearance Officer. Abstract: TD 8743 contains final [FR Doc. 2014–25109 Filed 10–21–14; 8:45 am] regulations permitting the reformation BILLING CODE 4830–01–P
VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00144 Fmt 4703 Sfmt 9990 E:\FR\FM\22OCN1.SGM 22OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Vol. 79 Wednesday, No. 204 October 22, 2014
Part II
Department of Agriculture
Food and Nutrition Service 7 CFR Parts 250 and 251 Requirements for the Distribution and Control of Donated Foods; Proposed Rule
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63224 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
DEPARTMENT OF AGRICULTURE of comments submitted may be found currently procure the services of under Part III, Procedural Matters, under commercial storage facilities to store Food and Nutrition Service SUPPLEMENTARY INFORMATION. donated foods and distribute them to FOR FURTHER INFORMATION CONTACT: recipient agencies, or permit direct 7 CFR Parts 250 and 251 Dana Rasmussen at the above address or shipments from vendors of donated foods to recipient agencies, the RIN 0584–AE29 telephone (703) 305–2662, or by email at [email protected]. contracted commercial storage facilities Requirements for the Distribution and SUPPLEMENTARY INFORMATION: of such agencies, or to processors for Control of Donated Foods processing of donated foods into end I. Background products. However, for donated foods AGENCY: Food and Nutrition Service, The Department of Agriculture’s (the distributed in NSLP, most school food USDA. Department or USDA) Food and authorities must pay a charge to help ACTION: Proposed rule. Nutrition Service (FNS) provides food to meet storage and distribution costs for State distributing agencies for use in donated foods. The charge imposed on SUMMARY: This rule proposes to revise food assistance programs as authorized school food authorities varies widely and clarify requirements to ensure that in the Richard B. Russell National from State to State. This rule proposes USDA donated foods are distributed, School Lunch Act (42 U.S.C. 1751 et to revise current requirements in 7 CFR stored, and managed in the safest, most seq.), the Emergency Food Assistance part 250 to ensure that State distribution efficient, and cost-effective manner, at Act of 1983 (7 U.S.C. 7501, et seq.), the systems provide the most efficient and State and recipient agency levels. The Food and Nutrition Act of 2008 (7 cost-effective service for school food rule would also reduce administrative U.S.C. 2011, et seq.), the Agriculture authorities in provision of donated and reporting requirements for State and Consumer Protection Act of 1973 (7 foods, while reducing the administrative distributing agencies, revise or clarify U.S.C. 612c note), the Older Americans burden on distributing agencies in providing such service. regulatory provisions relating to Act of 1965 (42 U.S.C. 3001, et seq.), In 2002, the Department, in accountability for donated foods, and and the Robert T. Stafford Disaster rewrite much of the regulations in a collaboration with State agencies and Relief and Emergency Assistance Act school food authorities, developed more user-friendly, ‘‘plain language,’’ (42 U.S.C. 5121, et seq.). State format. Lastly, the rule proposes to procedures and instructions for distributing agencies, in turn, distribute responding to donated foods subject to revise and clarify specific requirements the donated foods (which are also to conform more closely to related a food recall. Such procedures and referred to as USDA Foods) to recipient instructions ensure that donated foods requirements elsewhere in the Code of agencies (such as school food Federal Regulations. In formulating the subject to a food recall are isolated, authorities, food banks, and food inspected, and recovered in an proposals, the Food and Nutrition pantries) which provide assistance to Service (FNS) has utilized input expeditious manner. This rule proposes eligible persons or households in to include a section on donated food received from program administrators, specific food assistance programs, to industry representatives, and other safety and disposition, and to require needy persons served by charitable that State distributing agency organizations at national conferences institutions, or to persons victimized by and other meetings, and through email agreements and contracts include a disaster or situation of distress. The provisions to ensure compliance with or other routine communications with general regulations for the storage, such parties. all applicable Federal, State or local distribution, and control of donated requirements relating to food safety and DATES: To be assured of consideration, foods by State distributing agencies and food recalls. comments must be received on or before recipient agencies are included in 7 CFR In October 2002, 7 CFR part 250 was January 20, 2015. part 250. Other Federal regulations amended to permit school food ADDRESSES: The Food and Nutrition include requirements specific to authorities in NSLP, as well as other Service invites interested persons to particular food assistance programs that recipient agencies that use donated submit comments on this proposed rule. receive donated foods—e.g., 7 CFR part foods, to provide meals to recipients, You may submit comments, identified 251 for The Emergency Food Assistance store donated foods together with by RIN number 0584–AE29, by any of Program (TEFAP) and 7 CFR part 210 commercially purchased foods, and the following methods: for the National School Lunch Program maintain a single inventory record of Email: Send written comments to (NSLP). the donated and purchased foods (67 FR [email protected]. Include Following the enactment of the 65015). The single inventory RIN number 0584–AE29 in the subject Commodity Distribution Reform Act management option reduced the line of the message. and WIC Amendments of 1987, (7 workload for school food authorities in Mail: Send written comments to Dana U.S.C. 612c note), hereinafter referred to control and monitoring of their food Rasmussen, Branch Chief, Policy as the Commodity Distribution Reform inventories. In August 2008, 7 CFR part Branch, Food Distribution Division, Act, a final rule was issued in October 250 was amended to further clarify the Food and Nutrition Service, U.S. 1989 amending 7 CFR part 250 to single inventory management option for Department of Agriculture, Room 500, require State distributing agencies to school food authorities, and to revise 3101 Park Center Drive, Alexandria, evaluate the efficiency and cost- other requirements to ensure that such Virginia 22302–1594. effectiveness of their method of entities receive the full benefit of the Hand Delivery or Courier: Deliver distribution of donated foods to donated foods provided in NSLP (73 FR written comments to the above address. recipient agencies (54 FR 42476). The 46189). However, some confusion still Federal eRulemaking Portal: Go to amended regulations required exists regarding the application of the http://www.regulations.gov. Follow the distributing agencies to utilize a single inventory management option. online instructions for submitting commercial storage and distribution This rule proposes to further clarify comments. system, if such system was determined storage and inventory management Further information on the to be more cost-effective. As a result, requirements at the distributing and submission of comments or the review most State distributing agencies recipient agency levels.
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63225
In order to ensure compliance with 1. Purpose and Use of Donated Foods, embezzle, willfully misapply, steal, or requirements for the processing of § 250.1 obtain by fraud, donated foods, or funds donated foods, the State distributing In § 250.1, we propose to describe the deriving from donated foods. These agency must currently conduct an on- purpose of donated foods, the general sanctions are included in current site review of in-State processors at least requirements for their use, and the § 250.13(i). once every two years. This rule legislative sanctions that apply in the 2. Definitions, § 250.2 proposes to remove this requirement, event that they are used improperly. In In § 250.2, we propose to include the which is burdensome and costly for § 250.1(a), we indicate that the definitions applicable to 7 CFR part 250, distributing agencies, and to require Department purchases foods for which are included in current § 250.3. instead that in-State processors obtain donation in specific food assistance Although most of the definitions are independent Certified Public programs or to provide assistance to included without change, we have Accountant (CPA) audits, as currently needy persons, in accordance with chosen to set out all definitions in this required of multi-State processors. The legislation authorizing such assistance rule, in the interest of clarity. However, rule would also remove requirements in specific programs or providing for this preamble addresses only those for the distributing agency in removal of market surpluses and current definitions that we are verification of sales of processed end support of food prices. proposing to remove or revise and the products, and in reporting acceptability In § 250.1(b), we propose to include definitions that we are proposing to add. of donated foods to FNS. the stipulation, in current § 250.13(a)(1), We propose to remove the definitions that donated foods must be distributed The Department has developed of ‘‘Commodities’’, ‘‘Disaster victims’’, and used in accordance with the ‘‘Discount system’’, ‘‘FNSRO’’, instructions and guidance in areas of requirements of 7 CFR part 250. We ‘‘Nonprofit school food service donated food distribution related to propose to indicate that other Federal account’’, ‘‘Refund application’’, food recalls, the use of donated foods in regulations also apply to specific ‘‘Refund system’’, ‘‘School’’, disaster situations, ensuring that programs (e.g., 7 CFR part 251 includes ‘‘Secretary’’, ‘‘State and United States’’, restitution is made for donated food requirements for donated foods ‘‘Substituted food’’, and ‘‘Welfare losses, shipment and receipt of donated provided in TEFAP). We propose to agency’’. The term ‘‘commodities’’ is no foods, and options in the processing of include the provision, in current longer commonly used, as it has been donated foods. This rule proposes to § 250.13(a)(7), that permits donated replaced by ‘‘donated foods’’ or ‘‘USDA include references to these materials to foods to be used in activities designed Foods,’’ both of which are included in help the reader better understand to test their effective use in specific § 250.2 of this proposed rule. The standards and procedures relating to programs (e.g., in nutrition classes or Federal Emergency Management Agency specific aspects of the distribution and cooking demonstrations). However, we (FEMA) now commonly refers to control of donated foods. This rule also propose to remove the need for prior survivors of a disaster or emergency, proposes to provide references to other approval to permit such use. rather than to disaster victims, and we applicable Federal regulations to help In accordance with current propose to use the same reference in 7 the reader identify Federal requirements § 250.13(a)(1)(ii), donated foods may not CFR part 250. In this proposed rule, we affecting the distribution and control of be sold, exchanged, or otherwise refer simply to FNS actions or disposed of without prior approval of donated foods that are beyond the scope requirements, without specifying the Department. And, in accordance of this proposed rule. Lastly, the rule FNSRO (i.e., FNS Regional Offices) or with current § 250.15(a)(3), recipients proposes to rewrite and restructure FNS Headquarters. FNS guidance may not be required to make any indicates which FNS office is much of 7 CFR part 250 in a more user- payments, or perform any services, in responsible for specific procedures. The friendly, ‘‘plain language,’’ format. connection with the receipt of donated definitions of ‘‘Discount system’’, Specific proposals for change or foods. We propose to include these ‘‘Refund’’, ‘‘Refund application’’, clarification are discussed more fully in requirements in § 250.1(b) of this ‘‘Refund system’’, and ‘‘Substituted the next section of the preamble. proposed rule, with some clarification. food’’, are unnecessary, as their meaning II. Discussion of the Rule’s Provisions We propose to prohibit the sale, is clear in current Subpart C of 7 CFR exchange, or other disposition of part 250, which includes requirements 7 CFR Part 250 donated foods, or their use to require in the processing of donated foods. The A. Subpart A—General Purpose and recipients to make any payments, or definition of ‘‘Nonprofit school food Administration perform any services, except as service account’’ is included in 7 CFR specifically permitted in 7 CFR part 250, part 210, and we propose to include We propose to completely revise or in other Federal regulations. We also references to that part, as appropriate, current Subpart A of 7 CFR part 250 to propose to include the requirement, in rather than repeat the definition in 7 more clearly present the general current § 250.15(a)(3), that donated CFR part 250. Similarly, the definition purpose and use of donated foods, the foods may not be used to solicit of ‘‘School’’ is included in § 210.2, and definitions applicable to 7 CFR part 250, voluntary contributions, except for we refer invariably to the school food the responsible administrative agencies donated foods provided in the Nutrition authority, rather than to individual in the distribution and control of Services Incentive Program (NSIP), schools, in 7 CFR part 250. In this proposed rule, we refer to the donated foods at Federal and State which was formerly called the Nutrition Program for the Elderly. Department or USDA, rather than to the levels, and civil rights requirements. In § 250.1(c), we propose to include, Secretary. The term ‘‘Welfare agency’’ is Some of these requirements are located in streamlined form, the sanctions no longer in use, and such agencies in current Subpart B. Accordingly, we established under the Richard B. Russell would fall under the term ‘‘Recipient propose to change the heading of National School Lunch Act (42 U.S.C. agencies’’ in this proposed rule. The Subpart A to General Purpose and 1760) and the Agriculture and current definition of ‘‘State and United Administration, with new sections as Consumer Protection Act of 1973 (7 States’’ would be replaced by a new described in the following paragraphs. U.S.C. 612c note) for persons who definition of ‘‘State’’.
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63226 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
We propose to revise current distributing agencies in the ‘‘Household’’ clarifies the individuals or definitions of ‘‘Adult care institution’’, administration of the Food Distribution the groups of individuals which may be ‘‘CACFP’’, ‘‘Charitable institutions’’, Program on Indian Reservations (FDPIR) considered a household in this part. ‘‘Department’’, ‘‘Disaster’’, ‘‘Disaster or other programs on, or near, Indian We propose to add definitions of ‘‘7 organizations’’, ‘‘Distributing agency’’, reservations, as currently provided for CFR Part 3052’’, ‘‘Administering ‘‘Donated foods’’, ‘‘Elderly nutrition in Federal regulations. We propose to agency’’, ‘‘Carrier’’, ‘‘Consignee’’, project’’, ‘‘Household’’, ‘‘In-kind remove the inclusion of a Federal ‘‘CSFP’’, ‘‘Distribution charge’’, replacement’’, ‘‘Multi-State processor’’, agency or private agency under the ‘‘FDPIR’’, ‘‘Food recall’’, ‘‘Household ‘‘National per-meal value’’, ‘‘Needy definition. A Federal agency may programs’’, ‘‘In-State processor’’, persons’’, ‘‘NSIP’’, ‘‘NSLP’’, ‘‘Recipient distribute donated foods in a State, but ‘‘Multi-food shipment’’, ‘‘Out-of- agencies’’, ‘‘SBP’’, ‘‘Section 4(a)’’, would not do so as a distributing agency condition donated foods’’, ‘‘SAE funds’’, ‘‘Section 6’’, ‘‘Section 14’’, ‘‘Section 32’’, subject to the requirements in this part. ‘‘Section 27’’, ‘‘SNAP’’, ‘‘Split ‘‘Section 311’’, ‘‘Section 416’’, ‘‘Section A private nonprofit agency may shipment’’, ‘‘State’’, ‘‘TEFAP’’, ‘‘USDA 709’’, ‘‘SFSP’’, ‘‘Similar replacement’’, distribute donated foods in the State, foods’’, and ‘‘Vendor’’. ‘‘Situation of distress’’, ‘‘Storage but only as a subdistributing agency, The addition of ‘‘Administering facility’’, ‘‘State Agency on Aging’’, and under an agreement with the agency’’ would clarify its function in the ‘‘Subdistributing agency’’. distributing agency. A private for-profit overall administration of a food The proposed revisions of ‘‘Adult care entity (i.e., commercial enterprise) may assistance program in the State, rather institution’’, ‘‘CACFP’’, ‘‘Charitable also distribute donated foods in the than just the distribution of donated institutions’’, ‘‘Department’’, ‘‘Donated State, but only under contract with the foods, which is the function of the foods’’, ‘‘Elderly nutrition project’’, distributing agency (or subdistributing distributing agency. While the ‘‘Multi-State processor’’, ‘‘National per- agency), and subject to Federal administering agency may also be the meal value’’, ‘‘Needy persons’’, ‘‘NSIP’’, procurement requirements. The distributing agency in a State, that is not ‘‘NSLP’’, ‘‘SBP’’, ‘‘Section 4(a)’’, proposed revision of ‘‘Recipient always the case. The addition of ‘‘Section 6’’, ‘‘Section 14’’, ‘‘Section 32’’, agencies’’ would clarify their function ‘‘CSFP’’, ‘‘FDPIR’’, ‘‘Household ‘‘Section 311’’, ‘‘Section 416’’, ‘‘Section in providing assistance directly to needy programs’’, ‘‘SNAP’’, and ‘‘TEFAP’’ 709’’, ‘‘SFSP’’, ‘‘State Agency on persons. It would also clarify that local would help the reader identify food Aging’’, and ‘‘Storage facility’’ would agencies in the Commodity assistance programs referred to in 7 CFR simply streamline the current Supplemental Food Program (CSFP), part 250. The addition of ‘‘7 CFR Part definitions. and Indian Tribal Organizations 3052’’ would alert the reader to the The proposed revision of ‘‘Disaster’’ distributing donated foods to needy Departmental regulations relating to would also streamline the current persons through FDPIR in a State in audits of public and nonprofit agencies definition, and would include the which the State government administers receiving Federal grants. The additions Presidential declaration of a disaster or FDPIR, are considered recipient of ‘‘Carrier’’ and ‘‘Consignee’’ would emergency (e.g., a pandemic), as either agencies in 7 CFR part 250. identify entities that transport donated event would trigger the provision of The proposed revision of foods from one location to another, and donated foods, in accordance with ‘‘Subdistributing agency’’ would clarify that receive shipments of donated foods, section 413 of the Robert T. Stafford that it is a State agency, public agency, respectively. The addition of Disaster Relief and Emergency or a nonprofit organization selected by ‘‘Distribution charge’’ would identify Assistance Act, as amended (42 U.S.C. the distributing agency to perform one the total charge or fee that the 5180). The proposed revision of or more donated food activities required distributing agency may impose on ‘‘Situation of distress’’ would simply of the distributing agency. It would recipient agencies in child nutrition indicate that it is a natural catastrophe remove the current designation of State programs to help defray costs of storing or other event that does not meet the agencies, local agencies, and Indian and distributing donated foods, and definition of disaster, but that, in the Tribal Organizations that administer associated administrative costs. The determination of the distributing agency TEFAP, FDPIR, or CSFP as addition of ‘‘Multi-food shipment’’ or FNS, warrants the use of donated subdistributing agencies. State agencies would identify shipments of donated foods to assist persons in need of food and Indian Tribal Organizations foods from a Federal storage facility, assistance as a result of such catastrophe administering such programs meet the rather than directly from a vendor. or event. Further explanation relating to definition of distributing agency. Local The addition of ‘‘Food recall’’ would contingencies for the provision of agencies in CSFP may function as identify an action necessary to protect donated food assistance in such an subdistributing agencies if they receive public health, which is further event is included in § 250.70 of this donated foods for further distribution to addressed in § 250.15(c) of this proposed rule. The proposed revision of other recipient agencies. However, in proposed rule. The addition of ‘‘In-State ‘‘Disaster organizations’’ would include most cases, they function only as processor’’ would help the reader reference to such organizations recipient agencies in that they provide distinguish such an entity from a multi- authorized to provide assistance to assistance directly to needy persons. State processor. The addition of ‘‘Out- survivors of a disaster or a situation of The proposed revisions of ‘‘In-kind of-condition donated foods’’ would distress, rather than to disaster victims. replacement’’ and ‘‘Similar identify those donated foods that are no The proposed revision of replacement’’ would clarify that such longer fit for human consumption. The ‘‘Distributing agency’’ would clarify the replacement must be with the same (i.e., addition of ‘‘SAE funds’’ would identify current definition by indicating that it is in-kind) or similar foods of a quality and the Federal funds provided to State a State agency selected by the value at least equal to the lost donated agencies to pay for administrative appropriate authorities in the State to foods. The proposed revision of expenses in NSLP and other child distribute donated foods in the State, in ‘‘Similar replacement’’ also clarifies that nutrition programs, in accordance with accordance with 7 CFR part 250 and the replacement food must be from the 7 CFR part 235. The addition of other Federal regulations, as applicable. same food category (e.g., meat, ‘‘Section 27’’ would identify the section We also propose to clarify that Indian vegetable, grains) as the lost donated of the Food and Nutrition Act of 2008 Tribal Organizations may act as food. The proposed revision of that authorizes funds for food purchases
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63227
in TEFAP. The addition of ‘‘Split 4. Administration at the State Level, receive donated foods for distribution to shipment’’ would identify a shipment of § 250.4 needy persons, or for inclusion in meals donated food that is divided among two In § 250.4, we propose to include the provided to needy persons. We propose or more distributing or recipient responsibility of the distributing agency to clarify that such selection must be in agencies. The addition of ‘‘State’’ would in administering the distribution of accordance with eligibility criteria streamline the current definition of donated foods at the State level. In applicable to specific programs or ‘‘State and United States’’, which we are § 250.4(a), we propose to require the outlets. We also propose to retain the proposing to remove. It would also distributing agency to ensure requirement, in current § 250.12(b), that exclude the Trust Territory of the compliance with requirements in 7 CFR the distributing agency enter into a Pacific Islands, which is no longer a part 250, and in other Federal written agreement with a recipient recipient of donated foods. The addition regulations referenced in this part. We agency prior to distribution of donated of ‘‘USDA Foods’’ would alert the reader propose to include the requirement, in foods to it. We propose to clarify that, to another commonly-used term for current § 250.12(a), that the distributing for child nutrition programs, the donated foods. The addition of agency enter into a written agreement distributing agency must enter into ‘‘Vendor’’ would identify a commercial with FNS (i.e., the Federal-State agreements with recipient agencies enterprise from which the Department agreement) to receive, store, and selected by the State administering purchases food for donation. distribute donated foods in the State. agency (which may be different from the We propose to retain the current distributing agency) for participation in 3. Administration at the Federal Level, such programs, before distribution of § 250.3 provision that makes the agreement permanent, but to permit it to be donated foods to such recipient agencies. The distributing agency must In § 250.3, we propose to include the amended or terminated with the verify such recipient agencies’ actions that may be undertaken by FNS, concurrence of both parties. We also participation in child nutrition as the Federal administering agency for indicate that FNS may terminate the programs with the State administering USDA food assistance programs, in Federal-State agreement for the agency. We propose to include the ensuring the effective distribution and distributing agency’s failure to ensure requirement in current § 250.11(b) that control of donated foods. In § 250.3(a), compliance with requirements. Lastly, the distributing agency consider past we propose to describe the role of FNS we propose to retain the provision, in current § 250.2(b), that the distributing performance in selecting recipient in administering USDA food assistance agencies to receive donated foods, but programs at the Federal level, including agency may impose additional requirements relating to the distribution specify that this requirement only the distribution of donated foods to applies to household programs. We State distributing agencies for further and control of donated foods in the State, as long as such requirements are propose to remove the current provision distribution and use, in accordance with that the distributing agency ensure that the requirements in this part. not inconsistent with the requirements of 7 CFR part 250 or other Federal welfare agencies determine the In § 250.3(b), we propose to include regulations referenced in this part. We eligibility of program participants. the authority, in current § 250.18(a), for propose to remove the provision, in Requirements relating to the the Department, Comptroller General, or current § 250.2(c), that the distributing determination by recipient agencies of any of their authorized representatives, agency must provide adequate participant eligibility are included in to conduct audits or inspections of any personnel to administer the program, as regulations appropriate to specific agency, or contracted commercial entity, the need to comply with requirements programs or outlets. in order to determine compliance with for effective administration would We also propose to include the the requirements of this part, or with necessitate the employment of adequate required provisions of agreements with other applicable Federal regulations. personnel to do so. recipient agencies and subdistributing In § 250.3(c), we propose to include In § 250.4(b), we propose to include agencies in § 250.4(c) of this proposed FNS’s authority, in current § 250.20, to the option, in current §§ 250.3 and rule. We propose to retain the provision, terminate the distribution of donated 250.12(b), for the distributing agency to in current § 250.12(b)(1), that ensures foods, or the provision of administrative select a subdistributing agency (as compliance with the requirements of 7 funds, to a distributing agency for its defined in this proposed rule) to CFR part 250, and propose to also failure to comply with the requirements perform specific activities relating to include assurance of compliance with of 7 CFR part 250, or with other donated foods for which the distributing other Federal regulations, as referenced applicable Federal regulations. agency is responsible, in accordance in 7 CFR part 250 and with the However, we propose to clarify that FNS with a written agreement between the distributing agency’s written agreement may also choose to suspend such parties. We propose to retain the with FNS. We propose to include a activities, rather than terminate them, as provision, in current § 250.10(c), that provision for compliance with all provided for in 7 CFR 3016.43. We also prohibits the distributing agency from Federal, State or local requirements propose to clarify that FNS must delegating its overall responsibility to relating to food safety and food recalls. provide written notification to the ensure compliance with requirements in In § 250.15(c) of this proposed rule, we distributing agency of such termination 7 CFR part 250 to a subdistributing are proposing to require distributing and or suspension of assistance, and that agency or to any other organization. We recipient agencies to follow all such action is subject to an appeal if also propose to prohibit the distributing applicable Federal, State or local recourse to an appeal is provided for in agency from delegating its responsibility requirements for donated foods subject Federal regulations applicable to to ensure compliance with the to a food recall. As discussed in Section specific programs (e.g., as provided for performance standards included in I of this proposed rule, in 2002, the in FDPIR, in accordance with 7 CFR part § 250.22 of this proposed rule. Department, in collaboration with State 253) . Lastly, we include the stipulation In § 250.4(c), we propose to include agencies and school food authorities, that FNS may also take other actions, as the requirement, in current §§ 250.11(b) developed procedures and instructions appropriate, including prosecution and 250.13(d)(1), that the distributing for responding to donated foods subject under applicable Federal statutes. agency select recipient agencies to to a food recall. These procedures and
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63228 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
instructions are provided to assist agency verify registration of recipient foods effectively. FNS offers a wide distributing and recipient agencies in agencies to participate in the National variety of donated foods and continually ensuring that donated foods subject to a Commodity Processing Program, as this updates the foods offered to ensure that food recall are isolated, inspected, and program is no longer active. distributing and recipient agencies are recovered in an expeditious manner. Recipients of Federal grants must able to order the products which will In accordance with current ensure compliance with Departmental best meet the needs of their programs. § 250.12(c), distributing agency procurement requirements in 7 CFR As new foods become available, and as agreements with recipient agencies are parts 3016 or 3019, as applicable, in needs of an individual program or permanent, with amendments to be obtaining the services of a commercial recipient agency change, it is important made as necessary. However, the enterprise to conduct activities under that distributing agencies facilitate distributing agency’s agreement with a the grant. In § 250.4(d), we propose to ordering and use of the foods which will subdistributing agency is limited to one clarify that such procurement be most advantageous to recipient year, and may be extended for two requirements are applicable to agencies. In § 250.10(a), we propose to additional one-year periods. We propose distributing and recipient agencies in require the distributing agency to utilize to require that the duration of obtaining such services. We also a request-driven ordering system in agreements with recipient agencies and propose to indicate that such submitting orders for donated foods to subdistributing agencies be included in procurement must also ensure FNS, which must provide recipient provisions of such agreements, but compliance with other applicable agencies the opportunity to provide propose to remove the current Departmental requirements—e.g., a input at least annually in determining durational requirements in order to school food authority must ensure the donated foods from the full list that allow distributing agencies to determine compliance with requirements in 7 CFR are made available to them for ordering. the duration that will best meet the part 210, and in Subpart D of 7 CFR part We propose to require that the needs of the program. The distributing 250, in obtaining the services of a food distributing agency use the input agency may choose to enter into service management company to provided to ensure that the types and permanent agreements with recipient manage the school food service. forms of donated foods that recipient agencies or subdistributing agencies, agencies may best utilize are made 5. Civil Rights, § 250.5 unless other regulations applicable to available to them for ordering. FNS has specific programs limit such duration. In § 250.5, we propose to include civil developed guidance to assist In accordance with current rights requirements. In accordance with distributing agencies in implementing a § 250.12(c)(3), agreements may be current § 250.21, distributing, request-driven ordering system that terminated for cause by either party subdistributing, and recipient agencies meets the requirements of this section. upon 30 days notice. We propose to must comply with the Department’s Lastly, we propose to include the revise this provision to permit regulations pertaining to requirement, in current § 250.13(a), that termination of the agreement by the nondiscrimination, as well as with FNS the distributing agency ensure donated distributing agency for noncompliance civil rights instructions. Such foods are ordered and distributed in with its provisions or with other regulations and instructions ensure that quantities that may be utilized applicable requirements, upon written no person is discriminated against in efficiently and without waste. However, notification to the applicable party, but the receipt or distribution of donated we propose to remove the specific without specifying a notification period. foods. We propose to include such stipulation, in current § 250.13(d)(2), This will permit the distributing agency requirements in § 250.5. that Section 416 bonus foods may not be to take immediate action in the event distributed to recipient agencies if B. Subpart B—Delivery, Distribution, that noncompliance on the part of a normal food expenditures would be and Control of Donated Foods recipient agency or subdistributing reduced. The provision of donated foods agency would result in interruption of We propose to completely revise is meant, in part, to assist recipient services to program participants or other current Subpart B of 7 CFR part 250 to agencies in meeting their food serious program disruptions. We also more clearly present the specific assistance needs in a cost-effective propose to include a provision that requirements in the ordering and manner. permits termination of the agreement by delivery of donated foods, the In § 250.10(b), we propose to require either party, upon written notification to distribution of donated foods to the distributing agency to ensure that the other party at least 60 days prior to recipient agencies, and the control of recipient agencies have information on the effective date of termination. This donated foods at the distributing and the types and quantities of donated change will allow distributing agencies recipient agency levels. To this end, we foods that may be ordered, donated food the time needed to secure new propose to restructure this subpart into specifications and nutritional value, and contracts, alter distribution schedules, 13 new sections, and to change the procedures for the disposition of and move existing inventories, as heading to Delivery, Distribution, and donated foods that are out-of-condition necessary, without negatively impacting Control of Donated Foods, with new or that are subject to a food recall. program operations. sections as described in the following 2. Delivery and Receipt of Donated Food We propose to remove agreement paragraphs. provisions in current § 250.12(b) that Shipments, § 250.11 specifically address the responsibility 1. Availability and Ordering of Donated In § 250.11, we propose to include for donated food losses and claims Foods, § 250.10 requirements for the receipt of donated against other parties. Responsibility of In § 250.10, we propose to include food shipments from USDA vendors or each party in such instance is provided requirements to ensure that recipient from a Federal storage facility, and the for in 7 CFR part 250 and FNS agencies may order donated foods that conditions for the replacement of instructions and guidance, and the are most useful to them, and that may donated foods that have been delivered agreement must provide for adherence be utilized efficiently and without unsafe or out-of-condition by such to all such requirements. Lastly, we waste. We also propose to assure that entities. In § 250.11(a), we propose to propose to remove the requirement, in recipient agencies have the information indicate that the Department arranges current § 250.11(a), that the distributing necessary to order and utilize such for the delivery of donated foods from
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63229
vendors or Federal storage facilities to foods were out-of-condition at the time 3. Storage and Inventory Management at distributing or recipient agencies or of delivery. The proposed time periods the Distributing Agency Level, § 250.12 other entities designated by such would be more practical than the agencies (i.e., the consignee). However, current ones, as they bear a closer In § 250.12, we propose to describe we propose to remove the provision, in relationship to the actual shelf life of the the requirements for the storage and current § 250.13(a), that refers to the foods. management of donated food Department’s responsibility to conform inventories at storage facilities used by In accordance with current the distributing agency or to scheduled delivery periods. While § 250.13(g)(3), the vendor must provide the Department strives to ensure timely subdistributing agency, which may for in-kind replacement of donated deliveries to distributing and recipient include commercial storage facilities foods, unless FNS approves replacement agencies, such deliveries are subject to under contract with either the with another type of food in the same vendor and storage facility contracts and distributing or the subdistributing food category (i.e., similar replacement). performance. agency. In § 250.12(a), we propose to In § 250.11(b), we propose to require We propose to retain this requirement, essentially retain the requirements in that the distributing or recipient agency, and to indicate that the terms in-kind current § 250.14(b), which require that or other consignee, comply with all and similar replacement are defined in distributing agency facilities for the applicable Federal requirements in the § 250.2 of this proposed rule. In storage and control of donated foods receipt of donated food shipments. accordance with current § 250.13(g), if protect against theft, spoilage, damage, Procedures are contained in FNS physical replacement of donated foods or other loss, and obtain the required Instruction 709–5, Shipment and would not be cost-effective or efficient, Federal, State, or local health Receipt of Donated Foods, which FNS may approve payment by the inspections. However, we propose to include those for donated foods that vendor to the distributing or recipient revise this latter provision to require have been delivered out-of-condition. agency, or may credit the distributing that the distributing agency ensure that We also propose to require that the agency’s entitlement or assistance level. storage facilities comply with all distributing or recipient agency, or other We propose to retain these options in Federal, State, or local requirements consignee, provide notification of § 250.11(c). relating to food safety and health, as receipt of donated food shipments to In § 250.11(d), we propose to include applicable, and obtain all required FNS through electronic means, and the information, in current § 250.13(b), health inspections. retain an electronic record of receipt of that the Department is responsible for In § 250.12(b), we propose to include all donated food shipments. payment of the cost of delivering Implementation of an electronic the requirement, in current § 250.14(b), donated foods from vendors or Federal that the distributing agency ensure that donated foods ordering system has storage facilities to consignees, as well allowed distributing or recipient donated foods at any storage facility as any processing or handling costs used by the distributing or agencies to notify FNS of receipt of incurred up to the time of delivery, as donated foods more efficiently than subdistributing agency are stored in a is deemed in the best interest of the manner that permits them to be through previous ordering systems, Department. In accordance with current resulting in faster payment for vendors, distinguished from other foods, and § 250.15(d), the distributing agency is must ensure that a separate inventory and more efficient tracking of donated responsible for payment of any charges foods, which is important in the event record of such donated foods is accruing as a result of a delay in maintained. Such requirements ensure of food recalls or product complaint unloading a donated food shipment investigations. distribution of donated foods to the after arrival at the designated location, appropriate recipient agencies. We also In § 250.11(c), we propose to include unless the Department is responsible for requirements for the replacement of propose to require that the distributing such delay. We propose to retain such agency’s system of inventory donated foods that are delivered out-of- obligation, but to clarify that the condition by the vendor. In accordance management ensure that donated foods distributing agency, recipient agency, or with current § 250.13(g), the Department are distributed in a timely manner and other consignee, as appropriate, is arranges for vendor replacement of in optimal condition. FNS offers responsible for the payment of any donated foods that are delivered out-of- guidance that includes further direction delivery charges that accrue as a result condition. Vendor responsibility for on effective inventory management of such consignee’s failure to comply replacement of such foods may extend practices and the need to consider with procedures in FNS instructions. up to six months after their delivery, if product dates in distribution of donated We propose to include the failure to there is documentation indicating that foods. We propose to retain the provide for the unloading of a shipment the foods were out-of-condition at the requirement, in current § 250.14(e), that of donated foods within a designated time of delivery. We propose to retain the distributing agency conduct a the current requirement for vendor time period as an example of such physical review of such donated food replacement of donated foods that are noncompliance. inventories, and reconcile physical and delivered out-of-condition. However, we In § 250.11(e), we propose to include book inventories, on an annual basis. propose to require that vendor the provisions, in current § 250.13(c), We propose to include the requirement responsibility for such replacement relating to transfer of title to donated in current § 250.15(c) that the extend up until the time of expiration of foods. However, we propose to clarify distributing agency report donated food the product use-by or best-if-used-by that title transfers to the distributing or losses to FNS, and ensure restitution for date or, if no such date is included on recipient agency, as appropriate (i.e., such losses. FNS provides guidance for the product label, until expiration of the whichever agency receives the donated complying with these requirements in vendor warranty period. The warranty food shipment). We also propose to FNS Instruction 410–1, Claims for period is the minimum acceptable shelf clarify that, notwithstanding transfer of Losses of Donated Foods and Related life established in the USDA contract title, distributing and recipient agencies Administrative Losses—Procedures for with the vendor. In all cases, must ensure compliance with the the State Distributing Agency, and in responsibility for such replacement is requirements of 7 CFR part 250 in the FNS Instruction 420–1, Managing contingent on determination that the control and use of donated foods. Agency Debts.
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63230 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
In § 250.12(c), we propose to include food inventories at such facilities in the We propose to require the distributing the limitations on the amount of previous fiscal year. These minimum agency to obtain an inspection of donated food inventories on-hand. In insurance requirements will help ensure donated foods by State or local health accordance with current § 250.14(f)(2), that distributing agencies and recipient officials before transferring them, if donated food inventories at the agencies receive the full benefit of the there is a question of food safety, or at distributing agency level may not donated foods entitled to them in the the direction of FNS, to ensure that only exceed a six-month supply, unless event that donated foods are lost or foods that are still safe and not out-of- justification is submitted, and FNS damaged. The above entities are those condition are transferred. We also approval obtained, to maintain larger that are most likely to have large propose to retain the requirement in inventories. The inventory amount must inventories of donated foods, as well as current § 250.15(e) that the distributing be based on the amount of food that the the means to obtain protection for such agency is responsible for meeting any distributing agency can reasonably foods. Smaller recipient agencies that do transportation or inspection costs in utilize for the six-month period. We not have direct agreements with a transferring donated foods, unless the propose to retain the current inventory distributing or subdistributing agency, transfer is clearly not the result of limitation for donated foods received in but provide food packages directly to negligence or improper action of the NSLP or other child nutrition programs, recipients, such as food pantries or distributing agency. Lastly, we propose and in TEFAP. However, for donated community action agencies, would not to require that the distributing agency foods received in CSFP or FDPIR, which be required to obtain insurance. maintain a record of all transfers and offer defined food packages, we propose In § 250.12(e), we propose to include inspections of donated foods from its to limit inventory on-hand for each food requirements for the transfer of donated inventories. Transfer of donated foods at category to an amount needed for a foods from the distributing agency to the recipient agency level is discussed three-month period. The more another distributing agency or to in section II.B.5, Storage and Inventory restrictive inventory amounts would another program. In accordance with Management at the Recipient Agency allow for more efficient use of limited current § 250.13(h), the distributing Level, § 250.14, of this preamble. program resources, and permit FNS to agency must request FNS approval to In § 250.12(f), we propose to indicate provide, to the greatest extent practical ‘‘redonate’’ donated foods that it cannot that the distributing agency may obtain within available resources, a full variety efficiently utilize. Additionally, current the services of a commercial storage of foods needed to meet monthly food § 250.13(a)(1) includes requirements for facility to store and distribute donated package benefit levels in CSFP and the ‘‘transfer’’ of donated foods from one foods, or a carrier to transport such FDPIR. In addition, implementation of recipient agency to another. In practice, foods, but must ensure compliance with more frequent deliveries in recent years the terms ‘‘redonation’’ and ‘‘transfer’’ Departmental procurement has allowed distributing agencies in are often used interchangeably. To requirements in 7 CFR part 3016. We CSFP and FDPIR to more effectively clarify, we propose to use the term propose to retain the requirement, in manage donated food inventories. We ‘‘transfer’’ to refer to any redistribution current § 250.14(d), that the distributing propose to retain the option for the of donated foods from one agency to agency also enter into a written contract distributing agency to request FNS another, or from one program to with such commercial storage facility, approval to maintain donated food another, at the distributing or recipient and that such contract not exceed five inventories in excess of the established agency level, and to cease using the years in duration, including option limits. term ‘‘redonation’’. We propose to years for extension or renewal. Because In § 250.12(d), we propose to require clarify that the distributing agency may carriers assume similar responsibility that the distributing agency obtain transfer donated foods from its for donated foods under their control, insurance to protect the value of inventories to another distributing we propose to include the same donated food inventories at its storage agency or to another program, in order requirements in contracting with a facilities. Many distributing agencies to ensure that such foods may be carrier. We also propose to retain the currently have such protection, which utilized in a timely manner and while required contract provisions in current better ensures that restitution can be in optimal condition. We propose to § 250.14(d) relating to safe and secure made for donated food losses, in the permit the distributing agency to storage conditions, inventory event of a disaster or management error, transfer donated foods to another agency management, insurance, reviews, and that recipients continue to receive within the same program without FNS contract duration and extension, and program benefits. We also propose to approval. However, we propose to termination for noncompliance. We require the distributing agency to ensure require that the distributing agency propose to add provisions to assure that subdistributing agencies, and request FNS approval to transfer compliance with Federal, State or local recipient agencies in household donated foods from one program to requirements relative to food safety and programs that have agreements with the another—e.g., from NSLP to TEFAP— health. We also propose to add a distributing agency or subdistributing whether the transfer is in the same or a provision to assure that donated foods agency, obtain such insurance for different State, as these foods would be will be distributed to eligible recipient donated foods at their storage facilities. used in a program other than the agencies in a timely manner and in Lastly, we propose to require the program for which they were originally optimal condition, and in amounts for distributing agency to ensure that intended. We propose to stipulate that which such recipient agencies are commercial storage facilities under FNS may also require a distributing eligible. Lastly, we propose to revise the contract with the distributing agency, agency to transfer donated foods at the current provision providing for the subdistributing agency, or with the distributing agency’s storage facilities or termination of the contract by either recipient agencies cited above, obtain at a processor’s facility, if inventories of party (except as a result of insurance to protect the value of donated foods are excessive or may not noncompliance with regulatory donated food inventories. We propose to be efficiently utilized, so that such foods provisions) by requiring notification of require that, in all cases, the amount of may be used to the benefit of recipients such termination at least 60 days in the required insurance be at least equal receiving donated foods through another advance, rather than the current 30 to the average monthly value of donated agency or program. days. This change will allow
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63231
distributing agencies the time needed to funds are provided to State agencies for Program integrity. Consequently, we secure new contracts, alter distribution administering NSLP or other child also propose to remove the requirement, schedules, and move existing nutrition programs, in accordance with in current § 250.14(a)(5), that the inventories, as necessary, without 7 CFR part 235, and distributing distributing agency request a waiver to negatively impacting program agencies receive SAE funds specifically continue using a noncommercial operations. We propose to require the to cover the costs of storing and system. same provisions in a contract with a distributing donated foods and related In § 250.13(c), we propose to retain carrier, as such provisions are necessary administrative costs for such programs. the requirement, in current to ensure the safe and effective transport However, as SAE funds, or State funds, § 250.14(a)(7), that the distributing of foods from one location to another. are limited, distributing agencies may agency obtain FNS approval to increase also assess fees on school food the distribution charge beyond normal 4. Efficient and Cost-Effective authorities to help defray such costs. inflationary adjustments or to change Distribution of Donated Foods, § 250.13 Under 7 CFR part 250, such fees are the level of service provided under a In § 250.13, we propose to include included under the term ‘‘Distribution distribution charge. We also propose to requirements to ensure the distribution charge’’. require FNS approval of the amount of of donated foods to recipient agencies in We propose to retain the provision, in a newly established distribution charge the most efficient and cost-effective current § 250.15(a)(1), that permits the (some States do not currently impose a manner. In § 250.13(a), we propose to distributing agency to impose a distribution charge on school food retain the requirements, in current distribution charge on school food authorities). We propose to clarify that §§ 250.14(a) and 250.24(e), that the authorities, but with the clarification such requirement also applies to any distributing agency distribute donated that such charge may be imposed only charge imposed on school food foods to recipient agencies in the most if SAE funds, or other funds available authorities by a distributing agency’s efficient and cost-effective manner, and from State or local sources, are commercially contracted storage facility. that such distribution is responsive to insufficient to fully meet the costs of We propose to retain the current the needs of recipient agencies, as storing donated foods and distributing requirement that such request be feasible. In meeting this requirement, them to such agencies, and of submitted for approval at least 90 days we propose to require the distributing administrative costs relating to such in advance of its projected agency, to the extent practical, to activities. We also propose to clarify implementation. We also propose to provide for shipment of donated foods that the distribution charge may cover retain the requirement, in current directly from the USDA vendor to the only allowable costs, in accordance with § 250.15(a)(1), that the request include recipient agency, or (at the recipient 7 CFR part 3016 and with OMB justification for the new or increased agency’s request) directly to a processor guidance. The Departmental and OMB amount, and the specific costs to be for processing into end products. We guidance provide for allowable costs for covered by the distribution charge. also propose to require that the Federal grant expenditures. Lastly, we However, we propose to add a distributing agency provide for split propose to require that the distributing requirement that the request include shipments between two or more agency maintain a record of costs justification for any change in the level recipient agencies, if such agencies are incurred in storing and distributing of service provided under an existing unable to accept a full truckload. Split donated foods and related distribution charge. Distributing shipments allow recipient agencies, administrative costs, and the source of agencies may use SAE funds to meet the particularly small recipient agencies, to funds used to pay such costs. costs of storing and distributing donated receive donated foods in the forms and We propose to retain the requirement foods, and other Federal or State funds quantities that are most useful to them in current § 250.14 that the distributing may also be available for this purpose. and on a schedule that will permit them agency use a commercial storage facility The use of such funds should allow to store and distribute the foods in the to store and distribute donated foods, in distributing agencies to provide for most efficient and cost-effective manner accordance with requirements in storage and distribution costs of donated possible. § 250.12(f) of this proposed rule, if a foods with minimal, if any, charge to In § 250.13(b), we propose to require commercial system is determined to be recipient agencies. Therefore, any new that, if the distributing agency the most efficient and cost-effective. or increased charge, or change in the determines that direct shipments are However, we propose to remove the level of services associated with a impractical (even after taking into requirement, in current § 250.14(a)(2), charge, must be necessary to provide account split shipments), it must that a distributing agency utilizing a recipient agencies with donated foods in provide for storage of donated foods at noncommercial system of storage and the most efficient and cost-effective the distributing agency level, and distribution evaluate such system by manner possible, as determined by FNS. subsequent distribution to recipient comparing its costs with the cost of In § 250.13(d), we propose to indicate agencies. Such storage and distribution obtaining a commercial system, at 3- that FNS may disapprove the must be provided in the most efficient year intervals, and submit such cost distributing agency’s proposed new and cost-effective manner possible in evaluation to FNS. State distributing distribution charge or changes to an order to minimize the cost to the agencies performed such an evaluation existing distribution charge, if FNS recipient agency of receiving donated and cost comparison, as directed in the determines that such amount would not foods. We propose to clarify that the Commodity Distribution Reform Act provide for the most cost-effective distributing agency must use State and, as a result, either changed to a distribution of donated foods, or would Administrative Expense (SAE) funds, as commercially contracted distribution otherwise impact recipient agencies available, to meet costs of storing and system, or determined that other storage negatively. We propose to clarify that, in distributing donated foods, or related and distribution options were more such case, the distributing agency administrative costs, for school food cost-effective. Subsequent periodic would be required to adjust the authorities or other recipient agencies in evaluations have been required, distribution charge or the level of child nutrition programs, or must use however, only through the regulations. service provided under the distribution other Federal or State administrative We have determined that the use of charge, or to consider other storage and funds received for such purpose. SAE such evaluations is no longer necessary distribution options. We also propose to
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63232 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
retain the provision, in current that recipient agencies in child nutrition clarify that recipient agencies must § 250.14(a)(6)(ii), that FNS may, at any programs, and those receiving donated ensure that such commercial storage time, require the distributing agency to foods as charitable institutions (in facilities comply with the applicable submit documentation to justify the accordance with current § 250.67), are requirements in 7 CFR part 250 for the cost-effectiveness of its distribution not required to store donated foods in a storage and inventory management of system, and to re-evaluate such system, manner that distinguishes them from donated foods. if it is determined to be out of purchased foods or other foods, or to 6. Out-of-Condition Donated Foods, compliance with the requirements in maintain a separate inventory record of Food Recalls, and Complaints, § 250.15 this section, as proposed. We propose to donated foods. Such recipient agencies remove the requirement, in current may utilize single inventory In § 250.15, we propose to include § 250.15(a), that the distributing agency management, in which donated foods requirements for the disposition of submit to FNS a description of its are commingled with purchased foods donated foods that are out-of-condition, system for assessing its distribution or other foods in storage, and a single or that are subject to a food recall, and charge every three years. However, FNS inventory record is maintained. Under requirements for the resolution of may require the distributing agency to single inventory management, all foods recipient complaints relating to donated submit information relating to its are subject to the same safeguards foods. In § 250.15(a), we propose to assessment of the distribution charge, or regarding food safety and health. As a require the distributing agency to ensure to any other aspect of its distribution result, we propose to clarify that all that out-of-condition donated foods at system, in accordance with § 250.18(d) recipient agencies in child nutrition its storage facilities are destroyed, or of this proposed rule. programs, and those receiving donated otherwise disposed of, in accordance foods as charitable institutions, are not with State or local requirements 5. Storage and Inventory Management at required to separately monitor and pertaining to food safety and health. We the Recipient Agency Level, § 250.14 report donated food use, distribution, or propose to retain the contingency for In § 250.14, we propose to include loss to the distributing agency, unless sale of out-of-condition donated foods requirements for the storage and there is evidence indicating that (e.g., to a salvage company) in management of donated foods at the donated food loss has occurred as a accordance with current § 250.13(f), if recipient agency level, including result of theft or fraud. This is true such sale is permitted by State laws or commercial storage facilities or other regardless of the inventory management regulations, rather than contingent on entities under contract with the system actually utilized by such FNS approval. We also propose to recipient agency. In § 250.14(a), we recipient agencies. require the distributing agency to obtain propose to require recipient agencies to In § 250.14(d), we propose to include an inspection of donated foods by State meet the same requirements for food requirements in current or local health authorities to determine safety and health at their storage § 250.13(a)(1)(iii) for the transfer of their safety and condition, as necessary, facilities as those proposed for the donated foods from one recipient or as directed by FNS. distributing agency in § 250.12(a) of this agency to another recipient agency and In § 250.15(b), we propose to require rule. to clarify the types of transfers to which that recipient agencies in household In § 250.14(b), we propose to require these requirements apply. We propose programs report out-of-condition that recipient agencies in household to clarify that a recipient agency donated foods at their storage facilities programs store donated foods in a operating a household program request to the distributing agency, and ensure manner that permits them to be approval from the distributing agency to that such donated foods are destroyed, distinguished from other foods at their transfer donated foods to another or otherwise disposed of, in accordance storage facilities, and to maintain a recipient agency in the same program. with State or local requirements separate inventory record of donated We propose to clarify that transfer of pertaining to food safety and health. We foods. Recipient agencies in household donated foods from such recipient propose to require the distributing programs are currently subject to the agency to a recipient agency in another agency to ensure that such recipient requirement to maintain storage and program receive FNS approval (i.e., agencies obtain an inspection of inventories of donated foods separately through the distributing agency). We donated foods by State or local health from other foods in accordance with propose to indicate that a recipient authorities to determine their safety and their designation as ‘‘subdistributing agency operating a child nutrition condition, as necessary, or as directed agencies’’, in current § 250.3. However, program, or one receiving donated foods by FNS. We propose to indicate that, for as described in section II.A.2 of the as a charitable institution (in accordance recipient agencies in child nutrition preamble, we are proposing to remove with current § 250.67), may transfer programs, and those receiving donated the current designation of such recipient donated foods to another recipient foods as charitable institutions (in agencies as subdistributing agencies. We agency or charitable organization accordance with § 250.67), donated also propose to require that such without prior approval from the foods must be treated as other foods recipient agencies’ system of inventory distributing agency or FNS. This is in when safety is in question. management ensure that donated foods accordance with single inventory Consequently, such recipient agencies are distributed to recipients in a timely management, in which donated foods must comply with State or local manner that permits use of such foods are commingled with other foods, and requirements in determining the safety while still in optimal condition. Lastly, often may not be distinguished from of donated foods and other foods, and we propose to clarify that recipient them. in their destruction or other disposition, agencies in household programs must In § 250.14(e), we propose to indicate but are not required to report such notify the distributing agency of any that recipient agencies may obtain the actions to the distributing agency. donated food losses, and take further services of a commercial storage facility In § 250.15(c), we propose to require actions with respect to such donated to store and distribute donated foods, that the distributing agency or recipient foods, as directed by the distributing but must ensure compliance with agency, as appropriate, follow all agency. Departmental procurement applicable Federal, State or local In § 250.14(c), we propose to clarify requirements in 7 CFR parts 3016 or requirements for donated foods subject the requirement in current § 250.59(c) 3019, as applicable. We also propose to to a food recall. Departmental guidance
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63233
is also provided to assist distributing corrective actions to prevent future nutrition programs, in accordance with and recipient agencies in ensuring that losses. Guidance for distributing § 250.13(b) of this proposed rule. We donated foods subject to a food recall agencies is included in FNS Instruction propose to require that such funds be are isolated, inspected, and recovered in 410–1, Claims for Losses of Donated used to meet costs of storing and an expeditious manner, and that the Foods and Related Administrative distributing donated foods or related appropriate parties are reimbursed for Losses—Procedures for the State administrative costs, consistent with costs associated with such actions. Distributing Agency. limitations on the use of Federal grant In § 250.15(d), we propose to indicate We propose to remove the actions funds in 7 CFR part 3016, and with that the distributing agency must inform required of the distributing agency in OMB guidance. We also propose to recipient agencies of the preferred making restitution for donated food specifically prohibit the use of such method for receiving donated food losses in current § 250.15(c). We also funds to purchase foods to replace complaints and resolve complaints propose to remove the provision, in donated food losses or to pay claims received from recipients, recipient current § 250.15(c)(2), that inventory resulting from donated food losses. agencies, or other entities relating to loss of a donated food that does not We also propose to include in donated foods in an expeditious exceed one percent of the total § 250.17(a) the requirement, in current manner, and in accordance with inventory of that food may, under § 250.15(f)(3), that the distributing applicable requirements in 7 CFR part certain conditions, be exempt from agency maintain funds obtained from 250. We propose to require the recovery through claims. Although some the distribution charge in an operating distributing agency to submit any losses that meet such conditions may be account, separate from other funds, as complaints regarding product quality or exempted with FNS approval, as well as the current limitation on the specifications, or suggested products indicated above, a blanket exemption amount of funds that may be maintained improvements, to FNS through the for inventory loss does not encourage in such account. We also propose to established FNS donated foods efficient inventory management. Current retain the current requirement that, complaint system for tracking and provisions in § 250.15(c)(2) also exempt unless FNS approval is requested and evaluation purposes. If resolution of the losses in amounts that do not exceed granted, funds in excess of this amount complaint at the State level is not thresholds established in State laws or must be used to reduce the distribution feasible, we propose to indicate that the regulations. We propose to remove this charge imposed on recipient agencies, distributing agency must provide exemption as well, as all distributing or to provide appropriate information regarding the complaint to agencies should be held to the same reimbursement to such agencies. FNS for resolution. Guidance on standards with respect to accountability However, we propose to remove the meeting these requirements is included for Federal resources provided. contingency in current § 250.15(f)(2) on the FNS Web site. We also propose In § 250.16(b), we propose to clarify that such funds be returned to the to prohibit the distributing agency from that FNS may initiate and pursue a Department. disposing of any donated food that is claim against the distributing agency or In § 250.17(b), we propose to require the subject of a complaint prior to other entities for the loss of donated that school food authorities use funds guidance and authorization from FNS. foods, and for the loss or improper use obtained from processors in the Lastly, we propose to include the of funds provided, or obtained processing of donated foods into end requirement, in current § 250.22, that incidental to donated food distribution. products (e.g., through rebates for the the distributing agency maintain a We also propose to clarify that FNS may value of such processed donated foods, record of its investigations and other initiate and pursue a claim if the in accordance with Subpart C of 7 CFR actions with respect to any complaints distributing agency fails to take required part 250), or from food service relating to donated foods. Resolving and claim actions against other parties. management companies in crediting for tracking product complaints, either at These requirements incorporate the value of donated foods (in the Federal or State level, is critical to requirements in current § 250.15(c). FNS accordance with Subpart D of 7 CFR ensuring that recipient agencies are guidance on taking action on a claim is part 250), in support of the nonprofit receiving replacement products, as included in FNS Instruction 420–1, school food service. This aligns 7 CFR appropriate, and that donated foods Managing Agency Debts. Lastly, we part 250 with § 210.14 which provides meet the standards established by the propose to clarify that FNS may, on that school food authorities must use Department. behalf of the Department, compromise, revenues received in the operation of forgive, suspend, or waive a claim. Such the nonprofit school food service, as 7. Claims and Restitution for Donated actions would also be taken in defined in § 210.2 and in § 250.2 of this Food Losses, § 250.16 accordance with FNS Instruction 420–1. proposed rule, only for that food In § 250.16, we propose to include service. We propose to require that other requirements to ensure that restitution 8. Use of Funds Obtained Incidental to recipient agencies use such funds to is made for donated food losses, Donated Food Distribution, § 250.17 meet the costs of storing and including claims against parties In § 250.17, we propose to include distributing donated foods or related responsible for such losses. In requirements for the use of funds administrative costs, as proposed in § 250.16(a), we propose to require that obtained incidental to donated food § 250.17(c) of this rule. the distributing agency ensure that distribution—e.g., through the In § 250.17(c), we propose to clarify restitution is made for donated food distribution charge, the salvage of out- requirements in current §§ 250.15(f)(1) losses, and for the loss or improper use of-condition donated foods, the sale of and (f)(2) relating to funds collected in of funds provided for, or obtained pallets used for donated foods, or claims for donated food losses, and incidental to donated food distribution rebates from processors for the value of funds obtained from other sources (e.g., in salvage of donated foods or sale donated foods processed into end incidental to donated food distribution. of pallets). We propose to clarify that, in products. In § 250.17(a), we propose to Donated foods are made available to making restitution for losses, the clarify requirements in current distributing agencies to support the distributing agency must identify, and § 250.15(f)(2) relating to the use of funds participants of each respective program. seek restitution from, parties obtained from the distribution charge Any loss of donated foods means fewer responsible for the loss, and implement imposed on recipient agencies in child foods will be available through the
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63234 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
affected program unless replacement and expended in accordance with this the distributing agency must submit foods are purchased. Therefore, we proposed § 250.17(c). reports included in regulations for propose to require that funds collected In § 250.17(d), we propose to clarify specific food assistance programs. We in payment of claims for donated food that the distributing agency is also propose to indicate that such losses be used to purchase replacement prohibited from using funds obtained reports must be submitted in accordance foods for use in the program in which incidental to donated food distribution with the timeframes established for each the losses occurred unless the to meet State matching requirements for respective report, rather than include distributing agencies receives FNS other Federal grants received—e.g., for specific timeframes for submission in 7 approval to use the funds for other FDPIR or TEFAP. We also propose to CFR part 250. program purposes. Guidance for use of clarify that such funds may not be used We propose to retain the requirement, funds collected in payment of a claim in place of State Administrative in current § 250.17(a), that the are included in FNS Instruction 410–1, Expense (SAE) funds available to meet distributing agency report excessive Claims for Losses of Donated Foods and costs relating to storage and distribution donated food inventories in TEFAP, Related Administrative Losses— of donated foods. NSLP, and other child nutrition Procedures for the State Distributing In § 250.17(e), we propose to clarify programs to FNS, on a semiannual basis, Agency, and in FNS Instruction 420–1, the ‘‘Buy American’’ requirement, in utilizing form FNS–155, the Inventory Managing Agency Debts. We propose to current § 250.23, for the purchase of Management Register. We propose to require that funds obtained from other foods with funds obtained incidental to remove the requirement, in current sources, except as otherwise indicated donated food distribution. In §§ 250.13(k) and 250.17(d), that the in this section, be used to pay accordance with the current distributing agency report commodity administrative costs of storing and requirement, recipient agencies must acceptability information to FNS, distributing donated foods, consistent use Federal funds to purchase only utilizing information collected from with the limitations on the use of funds foods that are produced, or processed, recipient agencies in NSLP, CACFP, provided under a Federal grant in 7 CFR in the United States, with certain NSIP, CSFP, and FDPIR, and submitted parts 3016 or 3019, as applicable, and exceptions. We propose to clarify that, on form FNS–663, the Commodity when funds obtained in accordance OMB guidance, as applicable. Using Acceptability Report. Technological with this section, as proposed, are used such funds in this manner will permit advances, including the evolution of to purchase foods in the commercial distributing agencies to reduce or request-driven ordering systems, over market, a distributing or recipient eliminate the charges imposed on the last several years have made the agency in the continental United States, recipient agencies for storage, collection and reporting of such and in Hawaii, must, to the maximum distribution and administration related information by the distributing agency extent practical, purchase only domestic to donated foods. Sources of such funds unnecessary. FNS now receives foods or food products. This may include, for example, the sale of information on donated food clarification of the ‘‘Buy American’’ donated food containers or pallets, the acceptability from diverse parties on a requirement is consistent with the salvage of out-of-condition donated requirement for school food authority routine basis, through electronic foods, or payments by processors for purchases in § 210.21(d), and in Section communication, national conferences failure to meet processing yields. The 12(n) of the Richard B. Russell National and other meetings with program Departmental and OMB regulations School Lunch Act (42 U.S.C. 1760). We operators, as well as through periodic provide guidance for allowable costs in also propose to include the definition of reviews of its donated food offerings. Federal grant expenditures for State and domestic foods or food products used in In § 250.18(b), we propose to include local government entities, and for § 210.21(d). Lastly, we propose to clarify the requirement, in current § 250.30(m), private nonprofit organizations. We that the ‘‘Buy American’’ requirement is that processors submit monthly propose to remove the contingency, in also applicable to the cash-in-lieu-of- performance reports to the distributing current § 250.15(f)(2), that such funds be donated foods provided to school food agency to report donated food returned to the Department. authorities in NSLP and to child and inventories, processing of donated We propose to retain the requirement, adult care institutions in CACFP, in foods, and sale and delivery of end in current § 250.15(f)(3), that the accordance with §§ 250.56(e) and products. However, we propose to distributing agency maintain funds 250.61(c), respectively. remove the requirement that the obtained from claims or other sources distributing agency submit a report of indicated in this section in a separate 9. Reporting Requirements, § 250.18 processors’ inventories to the FNS salvage account. However, we propose In § 250.18, we propose to include Regional Office, in current § 250.17(b). to rename this account the ‘‘donated requirements for submission of reports Processors are required to submit food account.’’ We also propose to relating to the distribution and control monthly performance reports to FNS, revise upward the threshold for which of donated foods. In § 250.18(a), we eliminating the need for distributing deposits into, and expenditures from, propose to retain the requirement, in agencies to submit such information to such account must receive FNS current § 250.17(a), that the distributing FNS. approval. We propose to require that the agency submit form FNS–152, Monthly In § 250.18(c), we propose to include distributing agency receive FNS Distribution of Donated Foods to Family the requirement, in §§ 250.69(f) and approval for a deposit into, or Units, to report donated food 250.70(f) of this proposed rule, that the expenditure from, the donated food inventories and distribution in FDPIR. distributing agency submit to FNS a account in excess of $25,000, instead of However, we propose to remove report of the amounts of donated foods the $2,500 threshold in current reference to form FNS–153, Monthly used in disasters and situations of § 250.15(f)(4). Regardless, such funds Report of the Commodity Supplemental distress, utilizing electronic form FNS– must be used in accordance with the Food Program and Quarterly 292A, Report of Commodity Distribution requirements in proposed 250.17(c). Administrative Financial Status Report, for Disaster Relief. This form is also Lastly, we propose to require that the as the requirement for submission of used to request replacement of donated distributing or recipient agency this report is included in 7 CFR part foods used in disasters and situations of maintain a record of all funds obtained 247. We propose instead to indicate that distress.
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63235
In § 250.18(d), we propose to retain school food authorities. In accordance CPA audit in each of the first two years the requirement, in current § 250.17(e), with a final rule published in the that it receives donated foods for that the distributing agency submit Federal Register on August 8, 2008 at processing, regardless of the value of other information relating to the 73 FR 46169, the ‘‘offer and refusal’’ donated foods received, to ensure that distribution of donated foods that may system of ordering donated foods was new processors receive appropriate be requested by FNS on a periodic basis. removed. We also propose to remove the oversight as they establish their For example, FNS may require that the requirement, in current § 250.16(a)(5), processing programs. After the first two distributing agency provide information that recipient agencies maintain records years, we propose to require a multi- relating to the distribution charge, or to of the data and method used to State processor to obtain such an audit support the efficiency and cost- determine the number of eligible at a frequency determined by the effectiveness of its storage and persons served. Recordkeeping average value of donated foods received distribution system, in accordance with requirements relating to the for processing per year, as currently § 250.13 of this proposed rule. determination of eligibility, or the required. However, we propose to revise number of eligible persons served, are upward the current thresholds for 10. Recordkeeping Requirements, included in regulations applicable to determining the required frequency of § 250.19 specific programs (e.g., 7 CFR part 247 such audits to reflect the much larger In § 250.19, we propose to include for CSFP). volume of donated foods provided to recordkeeping requirements relating to In § 250.19(b), we propose to retain, such processors for processing over the the distribution and control of donated without change, requirements in current last several years. Hence, we propose to foods. In § 250.19(a), we propose to § 250.16(b) relating to the length of time require a multi-State processor to obtain require that distributing and recipient that records must be retained. an independent CPA audit: agencies, and other entities, maintain 11. Audit Requirements, § 250.20 (1) Annually, if it receives, on average, records of agreements and contracts, more than $5,000,000 in donated foods for reports, audits, and claim actions, funds In § 250.20, we propose to include processing per year; obtained incidental to donated food reference to Federal audit requirements (2) Every two years, if it receives, on distribution, and other records required for distributing and recipient agencies, average, between $1,000,000 and $5,000,000 in this part or in other Departmental and audit requirements for processors. in donated foods for processing per year; and regulations, as applicable. In addition to In § 250.20(a), we propose to reference (3) Every three years, if it receives, on these requirements, we propose to audit requirements in 7 CFR part 3052 average, less than $1,000,000 in donated require distributing agencies to keep a for State or local government agencies foods for processing per year. record of the value of donated foods and nonprofit organizations that receive In-State processors are not currently received by each of its school food Federal grants, as such requirements required to obtain an independent CPA authorities in order to assist in apply to distributing and recipient audit. In order to ensure compliance monitoring distributing agency agencies. In accordance with such with program requirements, the compliance with the requirement that requirements, the value of Federal distributing agency must conduct an on- school food authorities in NSLP are grants or awards expended in a fiscal site review of in-State processors at least offered, at a minimum, the commodity year determine if the distributing or once every two years, in accordance offer value of donated foods, in recipient agency must obtain an audit in with current § 250.19(b)(1)(iii). accordance with § 250.58; and records that year. We propose to clarify that the However, the performance of on-site to demonstrate compliance with the value of donated foods must be reviews is a costly and time-consuming professional standards for State considered as part of the total value of exercise for distributing agencies, and directors of distributing agencies in the Federal grant, and to reference FNS we are proposing to remove this § 235.11(g) of the proposed rule guidance in valuing donated foods for requirement, as discussed in section Professional Standards for State and audit purposes, and in determining if an II.B.13 of the preamble. We propose, Local School Nutrition Programs audit is required. instead, to require that an in-State Personnel as Required by the Healthy, In § 250.20(b), we propose to include processor obtain an independent CPA Hunger-Free Kids Act of 2010 (79 FR requirements for processors to obtain an audit to determine compliance with 6503 (Feb. 4, 2014)). We also propose to independent CPA audit to determine processing requirements for donated require that processors maintain records compliance with processing foods in the first year that it receives documenting the sale of end products to requirements for donated foods. In donated foods for processing. After the recipient agencies, including the sale of accordance with current § 250.18(b), first year, we propose to require an in- such end products by distributors. multi-State processors must obtain an State processor to obtain such an audit Specific recordkeeping requirements independent CPA audit at a frequency at a frequency determined by the relating to the use of donated foods in determined by the value of the donated average value of donated foods received contracts with food service management foods they receive for processing in a for processing per year, using the same companies are included in § 250.54. year. Currently, a multi-State processor thresholds for determining such Lastly, we propose to include the must obtain an independent CPA audit frequency as we are proposing for multi- provision, in current § 250.16(a)(6), that for any year in which it receives more State processors. Due to the lower failure to maintain required records than $250,000 in donated foods; every volume of donated foods received by in- must be considered prima facie two years, if it receives $75,000 to State processors, we expect that, after evidence of improper distribution or $250,000 in donated foods each year; the first year, in-State processors would loss of donated foods and may result in and every three years, if it receives less be subject to the audit requirement a claim against the responsible party for than $75,000 in donated foods each every three years. As currently required the loss of donated foods, or may result year. Such audits must be paid for by for multi-State processors, we propose in other sanctions or corrective actions. the processor. to require that in-State processors pay We propose to remove the We propose to amend the current the cost of the audit. requirement, in current § 250.16(a)(3), audit requirement for multi-State We propose to require that the that the distributing agency maintain processors by requiring that a multi- donated food value utilized must be the records of refusal of donated foods by State processor obtain an independent contract value of the donated foods, as
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63236 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
defined in § 250.2 of this proposed rule. ensure compliance with requirements in conducting the audits required in We also propose to clarify that audits relating to the distribution and control accordance with § 250.20(b) of this must determine processor compliance of donated foods. In § 250.21(a), we proposed rule. Consequently, all end with the requirements in this part, and propose to clarify and streamline review product sales may be verified through must be conducted in accordance with requirements in current § 250.19. We the review of audit reports, as well as the FNS Audit Guide for Processors. propose to require that the distributing through the distributing agency’s review However, we propose to remove the agency ensure compliance with of the processor’s monthly performance current stipulation that FNS may requirements in 7 CFR part 250, and in reports. The distributing agency may require auditors to attend training other Federal regulations as applicable, also require, at its option, that the sessions conducted by the Department. through its review of required reports, processor submit documentation to Although training may still be provided, and through on-site reviews of the support information included in the FNS provides written guidance and recipient agencies and other entities processor’s performance report, technical assistance for auditors on an indicated in § 250.21(b) of this proposed including sales of end products to ongoing basis. rule. The required reports for review recipient agencies. The State In § 250.20(c), we propose to include may include audit reports, processors’ administering agency may also review the actions required of processors monthly performance reports, and school food authorities’ records, in resulting from the audits. We propose to inventory reports submitted in CSFP order to ensure receipt of the requisite require that in-State processors submit a and FDPIR. We also propose to clarify quantity of end products, in accordance copy of the audit to the distributing that the distributing agency is not with the administrative review required agency for review by December 31 of required to review school food in 7 CFR part 210. each year in which an audit is required. authorities and other recipient agencies In § 250.21(c), we propose to include We propose to require the distributing in child nutrition programs. The State the requirement, in current agency to ensure that in-State processors administering agency (which may be § 250.19(b)(3) and (b)(4), that the provide a corrective action plan with different from the distributing agency) is distributing agency report deficiencies timelines for correcting deficiencies responsible for the review of such identified in its review to recipient identified in the audit, and that such recipient agencies in accordance with agencies or other entities, recommend deficiencies are corrected. We propose review requirements of Part 210. Lastly, corrective actions, and ensure that such to include the requirement in current we propose to remove specific review actions are completed. We propose to § 250.18(b) that multi-State processors procedures included in current remove the requirement in current submit a copy of the audit, and a § 250.19(b)(1), such as the review of § 250.19(b)(6) that the distributing corrective action plan with timelines to recipient agency eligibility and civil agency require that subdistributing correct deficiencies identified in the rights requirements, as they do not agencies monitor and review their own audit, as appropriate, to FNS for review apply to all programs, and are included operations. Such responsibility must by December 31 of each year in which in Federal regulations for specific reside with the distributing agency, in an audit is required. This will permit programs in which they do apply. accordance with § 250.4(a) of this FNS and distributing agencies to review We propose to include current on-site proposed rule. audit findings, follow up on required review requirements of charitable 13. Distributing Agency Performance corrective actions, and monitor institutions, and of storage facilities at Standards, § 250.22 noncompliance issues for the purpose of the distributing agency level, in identifying trends and implementing § 250.21(b), and to add a reference to the In § 250.22, we propose to include the program improvements. distributing agency’s requirement to performance standards that the In § 250.20(d), we propose to indicate perform on-site reviews of distributing agency must meet, most of that a distributing or recipient agency is subdistributing and recipient agencies which are included in current § 250.24. subject to sanctions for failure to obtain in CSFP, TEFAP, and FDPIR, in Performance standards are meant to the required audit, or for failure to accordance with 7 CFR parts 247, 251, highlight the most important areas of correct deficiencies identified in audits. and 253, respectively. However, we oversight for distributing agencies Such sanctions may include the propose to remove the requirement, in relating to donated foods; however, the withholding, suspension, or termination current § 250.19(b)(1)(iii), that the current standards cover a wide area. In of a Federal award. We propose to distributing agency perform on-site § 250.22(a), we propose to revise the indicate that, if a processor fails to reviews of in-State processors. The on- performance standards to include only obtain the required audit, or to correct site review would be replaced by review those relating to oversight of deficiencies identified in audits, a of the audits required of such requirements in the ordering, distributing or recipient agency may processors, in accordance with § 250.20 distribution, processing, and control of terminate the processing contract or of this proposed rule. donated foods, as such requirements are agreement, and may not extend or We propose to remove the proposed in this rule. We propose to renew such a contract or agreement. We requirement in current § 250.19(b)(2), revise the performance standard relating also propose to include the stipulation, that the distributing agency develop a to the provision for processing of in current § 250.18(b)(5), that FNS may system to verify sales of end products donated foods to clarify that the prohibit the further distribution of when a processor delivers end products distributing agency must provide for donated foods to a processor for its to a distributor for sale to recipient such processing, at the request of school failure to comply with audit agencies under a discount method of food authorities, in accordance with the requirements. sales. Processors receive notification of processing requirements in Subpart C of such end product sales from the 7 CFR part 250. Most distributing 12. Distributing Agency Reviews, distributor, usually by electronic means, agencies already provide for processing § 250.21 and the processor must maintain of donated foods into end products, In § 250.21, we propose to include the records of such sales, in accordance which permit school food authorities to requirements for the distributing agency with current § 250.30(k)(2), and with more easily prepare and serve meals in to review subdistributing agencies, § 250.19(a) of this proposed rule. Such NSLP. We propose to include recipient agencies, and other entities to records would be reviewed by auditors, clarification that some performance
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63237
standards are applicable only to the value of excessive donated food section, paragraphs (p), (s), and (t) distributing agencies that distribute inventories at the annual reconciliation. would be redesignated as paragraphs donated foods in NSLP or other child We also propose to update regulatory (o), (p), and (q) of this section, nutrition programs. We propose an references to conform to other changes respectively. additional performance standard, proposed in this rule, and to replace D. Subpart D—Donated Foods in ensuring distributing agencies provide reference to ‘‘FNSRO’’ with ‘‘FNS Contracts With Food Service recipient agencies information regarding Regional Office’’ given that the rule Management Companies the preferred method for the submission proposes to remove the definition of of donated food complaints to the ‘‘FNSRO’’ from the definitions section We propose to amend current Subpart distributing agency and that distributing of the rule, in proposed § 250.2. D of 7 CFR part 250 to clarify agencies act expeditiously to resolve We propose to remove the requirements in the storage, control, and submitted complaints. Lastly, we requirement, in current § 250.30(k)(3), use of donated foods in contracts with propose to clarify that the identification that the processor submit copies of food service management companies. In of specific performance standards does requests for refunds and refund current § 250.50(a), we propose to not relieve the distributing agency of the payments to the distributing agency. We clarify that the food service management responsibility to meet other also propose to remove the company must use all donated foods requirements in 7 CFR part 250. requirements, in current § 250.30(n)(4) received in the recipient agency’s food In § 250.22(b), we propose to include and § 250.30(o), that the distributing service, or must use commercial the requirement, in current § 250.19(c), agency submit monthly performance substitutes in place of such donated that the distributing agency submit a reports, or information from such foods only as permitted in § 250.51(d). corrective action plan to FNS if it is reports, to FNS on a periodic basis. We propose to revise current § 250.52(a) found to be substantially out of In accordance with the proposal to to clarify that the food service compliance with the performance remove the requirement that the management company must meet the standards. We propose to retain the distributing agency develop a sales requirements in § 250.14(a) of this current requirements that the plan verification system for end product proposed rule for the safe storage and identify the corrective actions to be sales, as described in section II.B.12 of control of donated foods. the preamble, we propose to remove the taken, the timeframe for completion of E. Subpart E—National School Lunch requirement, in current such actions, and that the distributing Program (NSLP) and Other Child § 250.30(m)(1)(viii), that the processor agency must submit the plan to FNS Nutrition Programs within 60 days after receiving report sales verification findings to the notification of a deficiency. Failure of a distributing agency. We also propose to We propose to amend current Subpart distributing agency to submit a timely remove current § 250.30(m)(1)(vii), E of 7 CFR part 250 to ensure that corrective action plan to FNS may be which is reserved. Accordingly, we school food authorities are able to order considered a violation of this part, and propose to redesignate and receive the donated foods that they therefore subject to suspension or § 250.30(m)(1)(ix) as § 250.30(m)(1)(vii). may best utilize in the school food termination under § 250.3(c). In accordance with current service, and to clarify requirements for In § 250.22(c), we propose to include § 250.30(n)(3), as part of the annual school food authorities in the storage, the provision, in current § 250.20, that reconciliation, a processor that has inventory management, and use of FNS may terminate the distributing contracted with the distributing agency donated foods. In order to accomplish agency’s participation in the for the following year must first reduce this, we propose to revise current distribution of donated foods, or in a any excessive donated food inventories paragraphs § 250.58(a) and (e), and to food distribution program, for failure to by paying the distributing agency for the consolidate current §§ 250.59 and comply with requirements in 7 CFR part value of such donated foods. While such 250.60 into a revised § 250.59. Current 250, with other applicable Federal cash-out of donated food inventories §§ 250.61 and 250.62 would be regulations, or with its written may be the best option in certain redesignated as §§ 250.60 and 250.61, agreement with FNS. We propose to instances, in other cases a transfer of respectively. indicate that FNS may also choose to such inventories to another distributing In § 250.58(a), we propose to remove suspend, rather than terminate, such agency or processor may be the better reference to the Electronic Commodity participation, or may terminate or option. Therefore, we propose to revise Ordering System (ECOS), as donated suspend some, but not all, activities. In current § 250.30(n)(3) to instead require food orders are now placed through a certain situations, suspending all or part such processor to reduce excessive new FNS electronic donated foods of a program rather than terminating the donated food inventories. Policy ordering system, currently named Web program in its entirety will allow FNS Memorandum FD–064, Management of Based Supply Chain Management to continue serving program Donated Food Inventories at Processors, (WBSCM). Although all distributing participants while pursuing corrective which was implemented in revised form agencies currently submit orders and actions. Lastly, we propose to include on March 20, 2012, provides several other information to FNS through the the stipulation, in current § 250.20, that options for reduction of excessive FNS electronic donated foods ordering FNS may also take other actions, as donated food inventories at processors. system, not all States have rolled down appropriate, including prosecution We propose to remove requirements such system to their school food under applicable Federal statutes. in current § 250.30(q) that the FNS authorities. Nevertheless, we propose to Regional Office review processing require that the distributing agency C. Subpart C—Processing and Labeling contracts and inventory reports, and in ensure that all school food authorities of Donated Foods current § 250.30(r), which indicates that are able to submit orders for donated We propose to amend current Subpart FNS will provide copies of contracts foods through the FNS electronic C of 7 CFR part 250 to reduce reporting upon request. Such contracts and donated foods ordering system, or requirements relating to the processing inventory reports are currently reviewed through a comparable electronic of donated foods, and to remove the by FNS Headquarters staff. In ordering system. Direct submission of requirement that the processor make a accordance with the removal of orders by school food authorities better payment to the distributing agency for paragraphs (o), (q), and (r) of this ensures that they receive the preferred
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63238 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
types and forms of donated foods, and school food authority may commingle the following new sections in the at a time when they may best utilize donated foods and purchased foods in a revised Subpart F. such foods in the school food service. single inventory management system. We propose to require that the We propose to remove the current 1. Commodity Supplemental Food distributing agency ensure that all provision that permits the distributing Program (CSFP), § 250.63 school food authorities have the agency to determine if the school food In § 250.63(a), we propose to clarify opportunity to provide input on at least authority may exercise the single that the Department distributes donated an annual basis in determining which inventory option, or must continue to foods in CSFP to the distributing agency donated foods, from the full list of maintain and track donated food for further distribution in the State, in donated foods, will be made available to inventories separately from its them for ordering electronically through purchased foods. Separate inventory accordance with 7 CFR part 247. We the FNS electronic donated foods tracking of donated foods would be an also propose to clarify that State and ordering system or another system. unnecessary burden for school food recipient agencies must comply with the Providing school food authorities with authorities, and it is important that requirements of 7 CFR part 250 in the the opportunity to order the types and single inventory management be distribution, control, and use of donated forms of foods that they have expressed implemented consistently in all States. foods in CSFP, to the extent that such a preference for will help them to In § 250.59(b), we propose to include requirements are not inconsistent with maximize their use of donated foods to the requirements in current § 250.60(a) the requirements in 7 CFR part 247. In meet the nutrition standards in the for the use of donated foods in the § 250.63(b), we propose to clarify the National School Lunch Program and to nonprofit school food service, with only types of donated foods distributed in prevent waste. Lastly, we propose to minor clarifications. In § 250.59(c), we CSFP, in accordance with the legislation require that the distributing agency propose to include contingencies and authorizing the purchase of such foods. ensure distribution to school food requirements in current § 250.60(b) for authorities of all such ordered donated the use of donated foods outside of the 2. The Emergency Food Assistance foods that may be distributed to them in nonprofit school food service, again Program (TEFAP), § 250.64 with only minor clarifications. In a cost-effective manner (including the In § 250.64, we propose to include a § 250.59(d), we propose to include use of split shipments, as necessary), description of the distribution of requirements in current § 250.60(c) for and that they may efficiently utilize so donated foods in TEFAP. In § 250.64(a), as to minimize the cost to school food donated foods in contracts with food we propose to clarify that the authorities of receiving donated foods. service management companies in a In § 250.58(e), we propose to require more streamlined form, but without Department distributes donated foods in that the distributing agency use either substantive changes. TEFAP to the distributing agency for the donated food cost-per-pound prices In § 250.59(e), we propose to clarify further distribution in the State, in posted annually by USDA or the most requirements for two or more school accordance with 7 CFR part 251. We recently published cost-per-pound in food authorities acting as a collective also propose to clarify that State and the USDA donated foods catalog in unit in conducting activities relating to recipient agencies must comply with the offering the school food authority the donated foods. School food authorities requirements of 7 CFR part 250 in the commodity offer value of donated foods, often perform activities in a distribution, control, and use of donated as required in § 250.58(b). In crediting collaborative manner through school co- foods in TEFAP, to the extent that such the school food authority’s donated food ops or consortia, in order to minimize requirements are not inconsistent with assistance level, currently the costs and improve efficiency of the requirements in 7 CFR part 251. In distributing agency may choose among operations. We propose to clarify that § 250.64(b), we propose to clarify the three options in valuing donated foods, the school collective unit is subject to types of donated foods distributed in including the commodity file cost as of the same requirements pertaining to TEFAP, in accordance with the a specified date and the estimated cost- such donated food activities as a single legislation authorizing the purchase of per-pound data included in commodity school food authority. For example, the such foods. survey memoranda. Instead, we propose school collective unit may commingle that the distributing agency use the donated foods and purchased foods in a 3. Food Distribution Program on Indian USDA purchase price (cost-per-pound) single inventory management system. Reservations (FDPIR), § 250.65 in crediting the school food authority’s F. Subpart F—Household Programs In § 250.65(a), we propose to clarify donated food assistance level, and that We propose to revise current Subpart that the Department distributes donated the distributing agency update this price foods in FDPIR to the distributing at least semi-annually to reflect the most F to streamline and clarify current agency for further distribution, in recent purchase price. This will better descriptions of, and requirements for, accordance with 7 CFR parts 253 and reflect the actual benefit received by the the distribution of donated foods in 254. We also propose to clarify that the school food authority. CSFP and FDPIR, and to include such In § 250.59(a), we propose to reference information for TEFAP. We propose to distributing agency may be a State the storage and inventory requirements remove reference to the Food agency or Indian Tribal Organization, in Subpart B of 7 CFR part 250 Distribution Program in the Trust and must comply with the requirements applicable to distributing agencies to Territory of the Pacific Islands, as all of 7 CFR part 250 in the distribution, ensure the safe and effective storage and distribution of donated foods in this control, and use of donated foods in control of donated foods. We propose to program has been cashed out. We also FDPIR, to the extent that such indicate that the school food authority propose to remove reference to the requirements are not inconsistent with must ensure the safe and sanitary Special Supplemental Nutrition the requirements in 7 CFR parts 253 and storage, inventory management, and use Program for Women, Infants, and 254. In § 250.65(b), we propose to clarify of donated foods and purchased foods, Children (i.e., the WIC Program), as the types of donated foods distributed in in accordance with requirements in donated food distribution in that FDPIR, in accordance with the current § 210.13. In accordance with program was discontinued several years legislation authorizing the purchase of § 250.14(c) of this proposed rule, the ago. Accordingly, we propose to include such foods.
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63239
G. Subpart G—Additional Provisions a disaster organization’s application to Commodity Distribution for Disaster We propose to amend current Subpart provide donated food disaster Relief, along with the report of the G of 7 CFR part 250 by revising the assistance, before distributing donated donated foods used in the disaster. Subpart heading to read Additional foods to such organization. We also Lastly, we propose to clarify that, for Provisions, by clarifying requirements propose to retain the current food diverted from inventories of for the distribution of donated foods in requirement that, for distribution of recipient agencies in child nutrition disasters and situations of distress, and donated foods to households, the programs, FNS will replace such food if by adding a provision which identifies application must also be forwarded to the recipient agency received the same FNS for approval. We propose to retain types of donated food during the year the OMB assigned information the current required elements of such preceding the onset of the disaster collection and recordkeeping control applications, including those additional assistance. Such recipient agencies may numbers. In order to accomplish this, elements required for distribution of commingle donated foods and we propose to revise the heading of donated foods to households. commercially purchased foods in a Subpart G, as well as current §§ 250.69 In § 250.69(d), we propose to include single inventory management system, and 250.70, and we propose to add the current requirement that disaster which makes it difficult to ascertain § 250.71. organizations collect information from which foods are actually used. We 1. Disasters, § 250.69 households receiving donated foods, if propose to clarify that such replacement issuance of D–SNAP benefits has also We propose to revise current § 250.69 will be in the amount of food used, but been approved, in order to ensure that to clarify requirements for the not to exceed the amount of like households receiving D–SNAP benefits distribution and use of donated foods in donated food received during the do not also receive donated foods. We a disaster, contingencies for preceding year. propose to retain the current In § 250.69(h), we propose to indicate replacement of such foods, and information that must be collected from that FNS will, upon receiving a reporting requirements. In accordance such households. We also propose to distributing agency request via public with § 250.2 of this proposed rule, the include the current requirements that voucher, reimburse the distributing term ‘‘disaster’’ includes a such household information be reported agency for any costs incurred in Presidentially declared disaster or to the distributing agency, and that the transporting donated foods within the emergency (e.g., a pandemic); therefore, distributing agency maintain a record of State, or from one State to another, for we refer simply to a disaster in this such information. use in disasters. section. In § 250.69(a), we propose to In § 250.69(e), we propose to include retain the current provision that the the provision, in current § 250.13(d)(1), 2. Situations of Distress, § 250.70 distributing agency may provide that permits disaster relief workers to We propose to revise current § 250.70 donated foods from current inventories, receive meals containing donated foods to clarify requirements for the at the distributing or recipient agency as an incident of their service to eligible distribution and use of donated foods in level, to approved disaster organizations recipients. However, we propose to a situation of distress (as defined in for use in providing congregate meal clarify that any emergency relief § 250.2 of this proposed rule), assistance to persons in need of food workers at the congregate feeding site contingencies for replacement of such assistance as a result of a disaster. We who are directly engaged in providing foods, and reporting requirements. As in propose to retain the current authority relief assistance may be served a disaster, donated foods may be used for the distributing agency to provide congregate meals containing donated to provide assistance in a situation of such assistance without FNS approval. foods. distress, but requirements for the use of However, we propose to clarify that the In § 250.69(f), we propose to include such foods, and conditions for their distributing agency must notify FNS the current requirement that the replacement, are somewhat different. In that donated foods will be provided, distributing agency report to FNS the § 250.70(a), we propose to retain the and the period of time that they are number and location of sites where current conditions for the distributing expected to be needed. If such period of donated foods are used in congregate agency to provide donated foods to time is extended, the distributing meals or household distribution, as approved disaster organizations for use agency must notify FNS of the these sites are established. We also in providing congregate meals to extension. propose to retain the requirement that persons in need of food assistance as a In § 250.69(b), we propose to retain the distributing agency provide a report result of a situation of distress. In the current provision that the of the types and amounts of donated accordance with current requirements, distributing agency may provide foods used in disaster assistance. FNS approval is not required for such donated foods to disaster organizations However, we propose to require this use if the situation of distress is the for distribution to households in need of information to be reported result of a natural event—e.g., a food assistance once FNS approval has electronically, utilizing form FNS– hurricane, flood, or snowstorm—and if been obtained for such distribution. We 292A, Report of Commodity Distribution its duration will not exceed 30 days. propose to clarify that such assistance for Disaster Relief. However, we propose to clarify that the may continue for the period of time that In § 250.69(g), we propose to include distributing agency must notify FNS FNS determines necessary to meet the the current provision for FNS that donated food assistance is to be needs of such households. We propose replacement of donated foods used in provided. FNS approval is required to to retain the prohibition for households disasters, as requested by the permit such donated food assistance for to simultaneously receive disaster distributing agency. However, we a period exceeding 30 days. We propose Supplemental Nutrition Assistance propose to require that such information to clarify that FNS approval is required Program (D–SNAP) benefits (formerly must be reported within 45 days of to permit donated food assistance in disaster food stamps) and donated food termination of disaster assistance, rather providing congregate meals in a assistance. than the current 30 day period. Also, we situation of distress that is not the result In § 250.69(c), we propose to retain propose to require that such of a natural event (e.g., an explosion), the current requirement that the replacement be requested electronically, for any period of time. As with distributing agency review and approve utilizing form FNS–292A, Report of disasters, the distributing agency may
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63240 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
use donated foods from current Distribution for Disaster Relief, within We propose to revise current inventories at the distributing or the same 45-day time period as required § 251.4(g) to require TEFAP donated recipient agency level. for disasters. foods to be distributed and used in In § 250.70(b), we propose to retain In § 250.70(g), we propose to include accordance with the requirements in 7 the current requirement that the the current contingencies for the CFR part 251, and with the distributing agency obtain FNS approval replacement of donated foods used in requirements in 7 CFR part 250, to the to provide donated foods to approved situations of distress. FNS will replace extent that such requirements are not disaster organizations for distribution to such foods to the extent that funds are inconsistent with the requirements in 7 households in a situation of distress. We available to purchase replacement CFR part 251. We propose to align propose to clarify that such assistance foods, and if the distributing agency requirements in the transfer of TEFAP may continue for the period of time that requests such replacement within 45 foods, and in ensuring restitution for FNS determines necessary to meet the days following the termination of such losses of TEFAP foods, with such needs of such households. In assistance. This is longer than the 30 requirements for other donated foods, as accordance with current restrictions, days that distributing agencies currently proposed in this rule. households receiving D–SNAP benefits have to request replacement of these We propose to require that transfers of are not eligible to also receive donated foods. However, we propose to require TEFAP donated foods comply with foods. that such replacement be requested requirements in §§ 250.12(d) and In § 250.70(c), we propose to retain electronically, utilizing form FNS– 250.14(d) of this proposed rule, as the current requirement that the disaster 292A, Report of Commodity Distribution applicable. We propose to clarify that organization submit an application to for Disaster Relief, along with the report the State agency must ensure that the distributing agency, for its review of the donated foods used in the restitution is made for the loss of TEFAP and approval, to receive donated foods situation of distress. We also propose to donated foods, or for the loss or to provide assistance in a situation of clarify that, subject to the above improper use of funds provided for, or distress. For distribution of donated conditions, FNS will replace foods obtained as an incident of, the foods in a situation of distress that is not diverted from inventories of recipient distribution of such foods, in the result of a natural event, or for any agencies in child nutrition programs if accordance with § 250.16 of this distribution of donated foods to the recipient agency received the same proposed rule. Lastly, we propose to households, we propose to clarify that, types of donated food during the year indicate that the State agency is subject once the distributing agency approves preceding the onset of the assistance. the application, it must submit the Such replacement will be in the amount to claims for such losses for which it is application to FNS for approval. We of food used, but not to exceed the responsible, as well as for its failure to propose to require the same elements for amount of like donated food received initiate or pursue claims against other all such applications as we propose to during the preceding year. parties responsible for such losses. We be included for applications in a In § 250.70(h), we propose to indicate propose to remove current § 251.4(l), as disaster, in accordance with § 250.69(c) that FNS will, upon receiving a the requirements for ensuring restitution of this proposed rule. distributing agency request via public for losses of donated foods are included In § 250.70(d), we propose to retain voucher, reimburse the distributing in proposed § 250.16. the current requirement that disaster agency, to the extent that funds are III. Procedural Matters organizations collect specific available, for any costs incurred in information from households receiving transporting donated foods within the A. Public Comment Procedures donated foods in a situation of distress, State, or from one State to another, for Your written comments on this if issuance of D–SNAP benefits has also use in a situation of distress. proposed rule should be specific, been approved. We propose to include In § 250.71 we propose to add a confined to issues pertinent to the the same information that is required to provision providing the current OMB proposed rule, and should explain your be collected from households in a assigned control numbers for the reasons for any change recommended. disaster, to require that such information collection and Where possible, you should reference information be reported to the recordkeeping provisions in 7 CFR part the specific section or paragraph of the distributing agency, and that the 250. proposal you are addressing. Comments distributing agency maintain a record of received after the close of the comment such information. In § 250.70(e), we 7 CFR Part 251 period (see DATES) will not be propose to clarify that emergency relief We propose to amend 7 CFR part 251 considered or included in the workers may receive meals containing to conform certain requirements for Administrative Record for the final rule. donated foods at a congregate feeding distribution of donated foods in TEFAP site in a situation of distress in to requirements for such distribution in The comments, including names, accordance with the same conditions other programs, or with changes to 7 street addresses, and other contact that apply in a disaster in § 250.69(e) of CFR part 250 proposed in this rule. We information of commenters, will be this proposed rule. propose to remove current § 251.4(f)(4), available for public review at FNS, In § 250.70(f), we propose to include which requires that the external Room 500, 3101 Park Center Drive, the current requirement that the shipping containers and product labels Alexandria, Virginia, during regular distributing agency report to FNS the of processed end products distributed in business hours (8:30 a.m. to 5 p.m.), number and location of sites where TEFAP identify them as USDA donated Mondays through Fridays, except donated foods are used in congregate food products. The removal of this Federal holidays. meals or household distribution, as requirement would conform to Executive Order 12866 requires each these sites are established. We also requirements for unprocessed donated agency to write regulations that are propose to require the distributing foods distributed in TEFAP, as well as simple and easy to understand. We agency to report the types and amounts other programs, which do not require invite your comments on how to make of donated foods used in the situation such identification. In accordance with these regulations easier to understand, of distress electronically, utilizing form this proposal, we propose to redesignate including answers to questions such as FNS–292A, Report of Commodity current § 251.4(f)(5) as § 251.4(f)(4). the following:
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63241
(1) Are the requirements in the rule Tribal governments, in the aggregate, or representation, and the School Nutrition clearly stated? to the private sector, of $100 million or Association, as well as other (2) Does the rule contain technical more in any one year. When such a conferences. language or jargon that interferes with statement is needed for a rule, section 2. Nature of Concerns and the Need to its clarity? 205 of the UMRA generally requires Issue This Rule (3) Does the format of the rule FNS to identify and consider a (grouping and order of sections, use of reasonable number of regulatory The rule addresses the concerns of headings, paragraphs, etc.) make it more alternatives and adopt the least costly, program operators that distribute and or less clear? more cost-effective or least burdensome use donated foods in food distribution (4) Would the rule be easier to alternative that achieves the objectives and child nutrition programs. The rule understand if it were divided into more of the rule. This rule contains no would reduce the reporting and (but shorter) sections? Federal mandates (under the regulatory administrative workload for distributing (5) Is the description of the rule in the provisions of Title II of the UMRA) for and recipient agencies involved in the preamble section entitled ‘‘Background State, local, and Tribal governments or distribution and control of donated and Discussion of the Proposed Rule’’ the private sector of $100 million or foods. helpful in understanding the rule? How more in any one year. This rule is, 3. Extent to Which We Meet Those could this description be more helpful? therefore, not subject to the Concerns B. Executive Order 12866 and 13563 requirements of sections 202 and 205 of the UMRA. FNS has considered the impact of the Executive Orders 12866 and 13563 proposed rule on State and local direct agencies to assess all costs and E. Executive Order 12372 agencies. The overall effect of this rule benefits of available regulatory The donation of foods in USDA food is to ensure that such agencies are able alternatives and, if regulation is distribution and child nutrition to utilize and distribute donated foods necessary, to select regulatory programs is included in the Catalog of safely and efficiently, with a minimal approaches that maximize net benefits Federal Domestic Assistance under reporting and recordkeeping burden. (including potential economic, 10.555, 10.558, 10.559, 10.565, 10.567, FNS is not aware of any case in which environmental, public health and safety and 10.569. For the reasons set forth in the provisions of the rule would effects, distributive impacts, and the final rule in 7 CFR part 3015, preempt State law. equity). Executive Order 13563 Subpart V and related Notice (48 FR emphasizes the importance of 29115, June 24, 1983), the donation of G. Executive Order 12988 quantifying both costs and benefits, of foods in such programs is included in This proposed rule has been reviewed reducing costs, of harmonizing rules, the scope of Executive Order 12372, under Executive Order 12988, Civil and of promoting flexibility. This which requires intergovernmental Justice Reform. This proposed rule, proposed rule has been determined to consultation with State and local when finalized, would have preemptive be not significant and was not reviewed officials. effect with respect to any State or local by the Office of Management and laws, regulations, or policies which F. Executive Order 13132 Budget (OMB) under Executive Order conflict with its provisions or which 12866. Executive Order 13132 requires would otherwise impede its full Federal agencies to consider the impact implementation. This proposed rule C. Regulatory Flexibility Act of their regulatory actions on State and would not have retroactive effect. Prior This proposed rule has been reviewed local governments. Where such actions to any judicial challenge to the with regard to the requirements of the have federalism implications, agencies provisions of this rule or the application Regulatory Flexibility Act (5 U.S.C. are directed to provide a statement for of its provisions, all applicable 601–612). Pursuant to that review, it has inclusion in the preamble to the administrative procedures must be been certified that this action will not regulations describing the agency’s exhausted. have a significant impact on a considerations in terms of the three substantial number of small entities. categories called for under section H. Civil Rights Impact Analysis Although the rule would require (6)(b)(2)(B) of Executive Order 13132. FNS has reviewed this rule in specific procedures for distributing and FNS has considered the impact of this accordance with the Department recipient agencies to follow in the rule on State and local governments and Regulation 4300–4, ‘‘Civil Rights Impact distribution and control of donated has determined that this rule does have Analysis’’, to identify and address any foods, USDA does not expect them to Federalism implications. major civil rights impacts the rule might have a significant impact on such have on minorities, women, and persons 1. Prior Consultation With State entities. with disabilities. After a careful review Officials of the rule’s intent and provisions, FNS D. Public Law 104–4, Unfunded The programs affected by the has determined that this rule will not in Mandates Reform Act of 1995 regulatory proposals in this rule are all any way limit or reduce the ability of Title II of the Unfunded Mandates State-administered, Federally-funded participants to receive the benefits of Reform Act of 1995 (UMRA), Public programs. Hence, our national donated foods in food distribution or Law 104–4, establishes requirements for headquarters office has formal and child nutrition programs on the basis of Federal agencies to assess the effects of informal discussions with State and an individual’s or group’s race, color, their regulatory actions on State, local, local officials, as well as commercial national origin, sex, age, or disability. and Tribal governments and the private contractors, on an ongoing basis FNS found no factors that would sector. Under section 202 of the UMRA, regarding issues relating to the negatively and disproportionately affect FNS generally must prepare a written distribution and control of donated any group of individuals. statement, including a cost-benefit foods. FNS attends annual conferences analysis, for proposed and final rules of the American Commodity I. Paperwork Reduction Act with ‘‘Federal mandates’’ that may Distribution Association, a national In accordance with the Paperwork result in expenditures to State, local, or group with State, local, and industry Reduction Act of 1995, this notice
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63242 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
invites the general public and other the online instructions for submitting revision also includes provisions public agencies to comment on this comments electronically. Commenters inadvertently omitted in the currently proposed information collection. This are asked to separate their comments on approved information collection, collection is a revision of a currently the information collection requirements substantially revises other provisions approved collection, OMB#0584–0293. from their comments on the remainder which were inaccurate, and updates all Written comments must be received of the proposed rule. relevant aspects of information on or before January 20, 2015. Title: Food Distribution Forms. collection requirements in the package. Comments are invited on: (a) Whether OMB Number: 0584–0293. Affected Public: Respondent groups the proposed collection of information Expiration Date: 09/30/2016. include: (1) Individuals and households; is necessary for the proper performance Type of Request: Revision of a (2) businesses or other for-profit of the functions of the agency, including currently approved collection. agencies; (3) not for profit organizations; whether the information shall have Abstract: This is a revision of an and (4) State, local, and Tribal practical utility; (b) the accuracy of the existing information collection based on governments. a proposed rule titled Proposed Changes agency’s estimate of the burden of the Estimated Number of Respondents: to the Requirements for the Distribution proposed collection of information, The total estimated number of including the validity of the and Control of Donated Foods, which respondents is 636,478. This includes methodology and assumptions that were substantially re-writes 7 CFR part 250. 611,200 individuals and households, used; (c) ways to enhance the quality, The rule proposes to revise and clarify 2,812 businesses and other for-profit utility, and clarity of the information to requirements in 7 CFR part 250 to companies, 1,600 private not-for-profit be collected; and (d) ways to minimize ensure that USDA donated foods are organizations, and 20,866 State, Local, the burden of the collection of distributed, stored, and managed in the and Tribal governments. information on those who are to safest, most efficient, and cost-effective respond, including use of appropriate manner, at State and recipient agency Estimated Number of Responses per automated, electronic, mechanical, or levels. The rule would also reduce Respondent: The total estimated average other technological collection administrative and reporting number of responses is 6.10 per techniques or other forms of information requirements for State distributing respondent. technology. agencies, revise or clarify regulatory Estimated Total Annual Responses: Comments may be sent to Dana provisions relating to accountability for 3,879,952. Rasmussen, at the address listed in the donated foods, and rewrite much of 7 Estimated Time per Response: The ADDRESSES section of this preamble. CFR part 250 in a more user-friendly, average response time is 0.30 hours per Comments may also be submitted via ‘‘plain language,’’ format. Lastly, the response. email to [email protected]. rule proposes to revise and clarify Estimated Total Annual Burden on Comments will also be accepted through specific requirements in 7 CFR part 251 Respondents: See the table below for the Federal eRulemaking Portal. Go to to conform more closely to related estimated total annual burden for each http://www.regulations.gov, and follow requirements in 7 CFR part 250. This type of respondent.
Number of Estimated total Affected public Estimated number responses per Total annual hours per Estimated total of respondents respondent responses response burden
Reporting
State, Local, and Tribal Governments ...... 20,866 11.16 232,774.24 0.26 59,589.50 Private for Profit ...... 2,812 305.10 857,949.00 0.03 24,566.72 Private Not for Profit ...... 1,600 2.03 3,240.00 0.19 614.50 Individual ...... 611,200 .00 1.96 1,199,200.00 0.25 304,400.00
Total Estimated Reporting Burden ...... 636,478 .00 3.60 2,293,163.24 0.17 389,170.72
Recordkeeping
State, Local, and Tribal Governments ...... 20,866.00 24.22 505,305.46 0.07 37,129.57 Private for Profit ...... 2,812 367.99 1,034,786.00 0.06 62,790.72 Private Not for Profit ...... 1,600 29.19 46,697.00 14.44 674,358.04 Individual ...... 0 0.00 0.00 0.00 0.00
Total Estimated Recordkeeping Burden 25,278 .00 62.77 1,586,788.46 0.49 774,278.33
Total of Reporting and Recordkeeping
Reporting ...... 636,478.00 3.60 2,293,163.24 0.17 389,170.72 Recordkeeping ...... 25,278.00 62.77 1,586,788.46 0.49 774,278.33 Total ...... 636,478.00 6.10 3,879,951.70 0.30 1,163,449.05 Note: A detailed table is included in the supplemental documents to this rule.
J. Regulatory Impact Analysis K. Executive Order 13175—Consultation coordinate with Tribes on a and Coordination With Indian Tribal government-to-government basis on This rule has been designated as Not Governments policies that have Tribal implications, Significant by the Office of Management including regulations, legislative and Budget, therefore, no Regulatory Executive Order 13175 requires comments or proposed legislation, and Impact Analysis is required. Federal agencies to consult and
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63243
other policy statements or actions that Subpart A—General Purpose and other penalties. Any person who have substantial direct effects on one or Administration receives, conceals, or retains such more Indian Tribes, on the relationship Sec. donated foods or funds, assets, or between the Federal Government and 250.1 Purpose and use of donated foods. property deriving from such foods, with Indian Tribes, or on the distribution of 250.2 Definitions. the knowledge that they were power and responsibilities between the 250.3 Administration at the Federal level. embezzled, willfully misapplied, stolen, Federal Government and Indian Tribes. 250.4 Administration at the State level. or obtained by fraud, will also be subject 250.5 Civil rights. On February 13, 2013, as part of its to Federal criminal prosecution and regular quarterly Tribal consultation § 250.1 Purpose and use of donated foods. other penalties. The distributing agency, schedule, USDA engaged in a (a) Purpose. The Department or other parties, as applicable, must consultative session to obtain input by purchases foods and donates them to immediately notify FNS of any such Tribal officials, or their designees, and State distributing agencies for further violations. Tribal members concerning the effect of distribution and use in food assistance § 250.2 Definitions. this and other rules on the Tribes or programs, or to provide assistance to Indian Tribal governments. In regard to needy persons, in accordance with 7 CFR Part 3016 means the the provisions of this rule, at the legislation: Department’s regulations establishing consultative session a Tribal member (1) Authorizing donated food uniform administrative requirements for requested, and FNS provided, assistance in specific programs (e.g., the Federal grants and cooperative clarification regarding the purpose of Richard B. Russell National School agreements and subawards to State, this rule. No concerns regarding the Lunch Act for the National School local, and Indian Tribal governments. provisions of the rule were expressed. Lunch Program (NSLP)); or 7 CFR Part 3019 means the We are unaware of any current Tribal (2) Authorizing the removal of surplus Department’s regulations establishing laws that could be in conflict with the foods from the market or the support of uniform administrative requirements for proposed rule. food prices (i.e., in accordance with Federal grants and cooperative Section 32, Section 416, and Section agreements awarded to institutions of L. E-Government Act Compliance 709, as defined in § 250.2). higher education, hospitals, and other nonprofit organizations. The Department is committed to (b) Use of donated foods. Donated 7 CFR Part 3052 means the complying with the E-Government Act, foods must be used in accordance with Department’s regulations establishing to promote the use of the Internet and the requirements of this part and with audit requirements for State and local other information technologies to other Federal regulations applicable to governments and nonprofit provide increased opportunities for specific food assistance programs (e.g., 7 organizations that receive Federal citizen access to Government CFR part 251 includes requirements for grants. information and services, and for other the use of donated foods in The purposes. Emergency Food Assistance Program Administering agency means a State (TEFAP)). Such use may include agency that has been approved by the List of Subjects activities designed to demonstrate or Department to administer a food 7 CFR Part 250 test the effective use of donated foods assistance program. If such agency is (e.g., in nutrition classes or cooking also responsible for the distribution of Disaster assistance, Food assistance demonstrations) in any programs. donated foods, it is referred to as the programs, Grant programs-social However, donated foods may not be: distributing agency in this part. programs, Reporting and recordkeeping (1) Sold or exchanged, or otherwise Adult care institution means a requirements. disposed of, unless approved by FNS, or nonresidential adult day care center that participates independently in CACFP, 7 CFR Part 251 specifically permitted elsewhere in this part or in other Federal regulations (e.g., or that participates as a sponsoring Food assistance programs, Grant donated foods may be used in meals organization, and that may receive programs-social programs, Reporting sold in NSLP); donated foods or cash-in-lieu of donated and recordkeeping requirements, (2) Used to require recipients to make foods, in accordance with an agreement Surplus agricultural commodities. any payments or perform any services in with the distributing agency. AoA means the Administration on Accordingly, 7 CFR parts 250 and 251 exchange for their receipt, unless Aging, which is the DHHS agency that are proposed to be amended as follows: approved by FNS, or specifically permitted elsewhere in this part or in administers NSIP. PART 250—DONATION OF FOODS other Federal regulations; or Bonus foods means Section 32, FOR USE IN THE UNITED STATES, ITS (3) Used to solicit voluntary Section 416, and Section 709 donated TERRITIORIES AND POSSESSIONS contributions in connection with their foods, as defined in this section, which AND AREAS UNDER ITS receipt, except for donated foods are purchased under surplus removal or JURISDICTION provided in the Nutrition Services price support authority, and provided to Incentive Program (NSIP). distributing agencies in addition to ■ 1. The authority citation for part 250 (c) Legislative sanctions. In legislatively authorized levels of continues to read as follows: accordance with the Richard B. Russell assistance. National School Lunch Act (42 U.S.C. CACFP means the Child and Adult Authority: 5 U.S.C. 301; 7 U.S.C. 612c, Care Food Program. 612c note, 1431, 1431b, 1431e, 1431 note, 1760) and the Agriculture and 1446a–1, 1859, 2014, 2025; 15 U.S.C. 713c; Consumer Protection Act of 1973 (7 Carrier means a commercial 22 U.S.C. 1922; 42 U.S.C. 1751, 1755, 1758, U.S.C. 612c note), any person who enterprise that transports donated foods 1760, 1761, 1762a, 1766, 3030a, 5179, 5180. embezzles, willfully misapplies, steals, from one location to another, but does or obtains by fraud any donated foods not store such foods. ■ 2. Revise Subpart A to read as follows: (or funds, assets, or property deriving Charitable institutions means public from such donated foods) will be subject institutions or private nonprofit to Federal criminal prosecution and organizations that provide a meal
VerDate Sep<11>2014 19:45 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63244 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
service on a regular basis to to provide assistance to survivors of a (3) The National Marine Fisheries predominantly needy persons in the disaster or a situation of distress. Service of the U.S. Department of same place without marked changes. Distributing agency means a State Commerce. Some types of charitable institutions are agency selected by the Governor of the Fee-for-service means the price by included in § 250.67. State or the State legislature to pound or case representing a processor’s Child care institution means a distribute donated foods in the State, in cost of ingredients (other than donated nonresidential child care center that accordance with an agreement with foods), labor, packaging, overhead, and participates independently in CACFP, FNS, and with the requirements in this other costs incurred in the conversion of or that participates as a sponsoring part and other Federal regulations, as the donated food into the specified end organization, in accordance with an applicable (e.g., a State agency product. agreement with the distributing agency. distributing donated foods in CSFP Fiscal year means the period of 12 Child nutrition program means NSLP, must comply with requirements in 7 months beginning October 1 of any CACFP, SFSP, or SBP. CFR part 247). Indian Tribal calendar year and ending September 30 Commodity offer value means the Organizations may act as a distributing of the following calendar year. minimum value of donated foods that agency in the distribution of donated FNS means the Food and Nutrition the distributing agency must offer to a foods on, or near, Indian reservations, as Service of the Department of school food authority participating in provided for in applicable Federal Agriculture. NSLP each school year. The commodity regulations (e.g., 7 CFR parts 253 or 254 Food recall means an action to offer value is equal to the national per- for FDPIR). remove food products from commerce meal value of donated food assistance Distribution charge means the when there is reason to believe the multiplied by the number of cumulative charge imposed by products may be unsafe, adulterated, or reimbursable lunches served by the distributing agencies on school food mislabeled. The action is taken to school food authority in the previous authorities to help meet the costs of protect the public from products that school year. storing and distributing donated foods, may cause health problems or possible Commodity school means a school and administrative costs related to such death. that operates a nonprofit food service, in activities. Food service management company accordance with 7 CFR part 210, but Distributor means a commercial food means a commercial enterprise, that receives additional donated food purveyor or handler who is independent nonprofit organization, or public assistance rather than the cash of a processor and both sells and bills institution that is, or may be, contracted assistance available to it under Section for the end products delivered to with by a recipient agency to manage 4 of the Richard B. Russell National recipient agencies. any aspect of a recipient agency’s food School Lunch Act (42 U.S.C. 1753). Donated foods means foods service, in accordance with 7 CFR parts Consignee means an entity (e.g., the purchased by USDA for donation in 210, 225, or 226, or, with respect to distributing or recipient agency, a food assistance programs, or for charitable institutions, in accordance commercial storage facility, or a donation to entities assisting needy with this part. To the extent that such processor) that receives a shipment of persons, in accordance with legislation management includes the use of donated foods from a vendor or Federal authorizing such purchase and donated foods, the food service storage facility. donation. Donated foods are also management company is subject to the Contract value of the donated foods referred to as USDA Foods. applicable requirements in this part. means the price assigned by the Elderly nutrition project means a However, a school food authority Department to a donated food which recipient agency selected by the State or participating in NSLP that performs shall reflect the Department’s current Area Agency on Aging to receive such functions is not considered a food acquisition price, transportation and, if assistance in NSIP, which may include service management company. Also, a applicable, processing costs related to donated food assistance. commercial enterprise that uses donated the food. foods to prepare meals at a commercial End product means a food product Contracting agency means the facility, or to perform other activities that contains processed donated foods. distributing agency, subdistributing that meet the definition of processing in agency, or recipient agency which Entitlement means the value of this section, is considered a processor in enters into a processing contract. donated foods a distributing agency is this part, and is subject to the authorized to receive in a specific CSFP means the Commodity requirements in subpart C, and not program, in accordance with program Supplemental Food Program. subpart D, of this part. legislation. Department means the United States Household means any of the Department of Agriculture (USDA). Entitlement foods means donated following individuals or groups of DHHS means the United States foods that USDA purchases and individuals, exclusive of boarders or Department of Health and Human provides in accordance with levels of residents of an institution: Services. assistance mandated by program (1) An individual living alone; Disaster means a Presidentially legislation. (2) An individual living with others, declared disaster or emergency, in FDPIR means the Food Distribution but customarily purchasing food and accordance with the Robert T. Stafford Program on Indian Reservations and the preparing meals for home consumption Disaster Relief and Emergency Food Distribution Program for Indian separate and apart from the others; Assistance Act, in which Federal Households in Oklahoma. (3) A group of individuals living assistance, including donated food Federal acceptance service means the together who customarily purchase and assistance, may be provided to persons acceptance service provided by: prepare meals in common for home in need of such assistance as a result of (1) The applicable grading branches of consumption; and the disaster or emergency. the Department’s Agricultural Marketing (4) Other individuals or groups of Disaster organization means an Service (AMS); individuals, as provided in FNS organization authorized by FNS or a (2) The Department’s Federal Grain regulations specific to particular food distributing agency, when appropriate, Inspection Service; and assistance programs.
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63245
Household programs means CSFP, surety company which guarantees Section 14 means section 14 of the FDPIR, and TEFAP. performance and supply of end Richard B. Russell National School In-kind replacement means the products by a processor under the terms Lunch Act, as amended (42 U.S.C. replacement of a loss of donated food of a processing contract. 1762a), which authorizes the with the same type of food of U.S. Processing means a commercial Department to use Section 32 or Section origin, of equal or better quality as the enterprise’s use of a commercial facility 416 funds to maintain the annually donated food, and at least equal in value to: programmed levels of donated food to the lost donated food. (1) Convert donated foods into an end assistance in child nutrition programs. In-State processor means a processor product; Section 27 means section 27 of the that has entered into agreements with (2) Repackage donated foods; or Food and Nutrition Act of 2008, as distributing or recipient agencies that (3) Use donated foods in the amended (7 U.S.C. 2036), which are located only in the State in which preparation of meals. authorizes the purchase of donated all of the processor’s processing Processor means a commercial foods for distribution in TEFAP. facilities are located. enterprise that processes donated foods Section 32 means section 32 of Public Multi-food shipment means a at a commercial facility. Law 74–320, as amended (7 U.S.C. shipment from a Federal storage facility Recipient agencies means agencies or 612c), which authorizes the Department that usually includes more than one organizations that receive donated foods to purchase primarily perishable foods type of donated food. for distribution to needy persons or for to remove market surpluses, and to Multi-State processor means a use in meals provided to needy persons, donate them for use in domestic food processor that has entered into in accordance with agreements with a assistance programs or by charitable agreements with distributing or distributing or subdistributing agency, institutions. recipient agencies in more than one or with another recipient agency. Local Section 311 means section 311 of the State, or that has entered into one or agencies in CSFP, and Indian Tribal Older Americans Act of 1965, as more agreements with distributing or Organizations distributing donated amended (42 U.S.C. 3030a), which recipient agencies that are located in a foods to needy persons through FDPIR permits State Agencies on Aging to State other than the State in which the in a State in which the State government receive all or part of their NSIP grant as processor’s processing facilities or administers FDPIR, are considered USDA donated foods. business office is located. recipient agencies in this part. Section 416 means section 416 of the Agricultural Act of 1949, as amended (7 National per-meal value means the Recipients means persons receiving U.S.C. 1431), which authorizes the value of donated foods provided for donated foods, or a meal containing Department to purchase nonperishable each reimbursable lunch served in donated foods, provided by recipient foods to support market prices, and to NSLP in the previous school year, and agencies. donate them for use in domestic food for each reimbursable lunch and supper Reimbursable meals means meals that assistance programs or by charitable served in CACFP in the previous school meet the nutritional standards institutions. year, as established in section 6(c) of the established in Federal regulations Section 709 means section 709 of the Richard B. Russell National School pertaining to NSLP, SFSP, or CACFP, Food and Agricultural Act of 1965, as Lunch Act (42 U.S.C. 1755(c)). and that are served to eligible recipients. Needy persons means persons in need amended (7 U.S.C. 1446a-1), which SAE funds means Federal funds of food assistance as a result of their: authorizes the Department to purchase provided to State agencies for State (1) Economic status; dairy products to meet authorized levels (2) Eligibility for a specific food administrative expenses, in accordance of assistance in domestic food assistance assistance program; or with 7 CFR part 235. programs when such assistance cannot (3) Eligibility as survivors of a disaster SBP means the School Breakfast be met by Section 416 food purchases. or a situation of distress. Program. Service institution means recipient Nonprofit organization means a School food authority means the agencies that participate in SFSP. private organization with tax-exempt governing body responsible for the SFSP means the Summer Food status under the Internal Revenue Code. administration of one or more schools, Service Program. Nonprofit organizations operated and that has the legal authority to Similar replacement means the exclusively for religious purposes are operate NSLP or be otherwise approved replacement of a loss of donated food automatically tax-exempt under the by FNS to operate NSLP. with another type of food from the same Internal Revenue Code. School year means the period of 12 food category (i.e., dairy, grain, meat/ Nonprofit school food service means months beginning July 1 of any calendar meat alternate, vegetable, fruit, etc.) that all food service operations conducted by year and ending June 30 of the following is of U.S. origin, of equal or better the school food authority principally for calendar year. quality than that type of donated food, the benefit of schoolchildren, all of the Section 4(a) means section 4(a) of the and at least equal in value to the lost revenue from which is used solely for Agriculture and Consumer Protection donated food. the operation or improvement of such Act of 1973, as amended (7 U.S.C. 612c Single inventory management means food services. note), which authorizes the Department the commingling in storage of donated NSIP means the Nutrition Services to purchase donated foods to maintain foods and foods from other sources, and Incentive Program. the traditional level of assistance for the maintenance of a single inventory NSLP means the National School food assistance programs authorized by record of such commingled foods. Lunch Program. law, including, but not limited to, CSFP, Situation of distress means a natural Out-of-condition donated foods FDPIR, and disaster assistance. catastrophe or other event that does not means donated foods that are no longer Section 6 means section 6 of the meet the definition of disaster in this fit for human consumption as a result of Richard B. Russell National School section, but that, in the determination of spoilage, contamination, infestation, Lunch Act, as amended (42 U.S.C. the distributing agency, or of FNS, as adulteration, or damage. 1755), which authorizes the Department applicable, warrants the use of donated Performance supply and surety bond to provide a specified value of donated foods to assist survivors of such means a written instrument issued by a food assistance in NSLP. catastrophe or other event. A situation
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63246 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
of distress may include, for example, a are not limited to, the prohibition the distribution and control of donated hurricane, flood, snowstorm, or against substituting for backhauled foods. In order to receive, store, and explosion. poultry commodity product. FNS may distribute donated foods, the SNAP means the Supplemental also prohibit substitution of certain distributing agency shall enter into a Nutrition Assistance Program. types of the same generic commodity. written agreement with FNS (the Split shipment means a shipment of (For example, FNS may decide to permit Federal-State Agreement, form FNS–74) donated foods from a vendor that is split substitution for bulk chicken but not for for the distribution of donated foods in between two or more distributing or canned chicken.) accordance with the provisions of this recipient agencies, and that usually Summer camp means a nonprofit or part and other applicable Federal includes more than one stop-off or public camp for children aged 18 and regulations. The Federal-State delivery location. under. agreement is permanent, but may be State means any State of the United TEFAP means The Emergency Food amended with the concurrence of both States, the District of Columbia, Puerto Assistance Program. parties. FNS may terminate the Federal- Rico, the Virgin Islands, Guam, and USDA Foods means donated foods. State agreement if the distributing American Samoa. Vendor means a commercial food agency fails to meet its obligations, in State Agency on Aging means: company from which the Department accordance with § 250.3(c). The (1) The State agency that has been purchases foods for donation. distributing agency may impose approved by DHHS to administer NSIP; additional requirements relating to the or § 250.3 Administration at the Federal level. distribution and control of donated (2) The Indian Tribal Organization (a) Food and Nutrition Service. foods in the State, as long as such that has been approved by DHHS to Within the Department, the Food and requirements are not inconsistent with administer NSIP. Nutrition Service (FNS) shall act on the requirements in this part or other Storage facility means a publicly- behalf of the Department to administer Federal regulations referenced in this owned or nonprofit facility or a the distribution of donated foods to part. commercial enterprise that stores distributing agencies for further (b) Subdistributing agency. The donated foods or end products, and that distribution and use at the State level, distributing agency may enter into a may also transport such foods to another in accordance with the requirements of written agreement with a location. this part. subdistributing agency, as defined in Subdistributing agency means a State (b) Audits or inspections. The § 250.2, to perform specific activities agency, a public agency, or a nonprofit Department, the Comptroller General of required of the distributing agency in organization selected by the distributing the United States, or any of their this part. However, the distributing agency to perform one or more activities authorized representatives, may conduct agency may not assign its overall required of the distributing agency in audits or inspections of distributing, responsibility for donated food this part, in accordance with a written subdistributing, or recipient agencies, or distribution and control to a agreement between the parties. A the commercial enterprises with which subdistributing agency or to any other subdistributing agency may also be a they have contracts or agreements, in organization, and may not delegate its recipient agency. order to determine compliance with the responsibility to ensure compliance Substitution means: requirements of this part, or with other with the performance standards in (1) The replacement of donated foods applicable Federal regulations. § 250.22. The agreement entered into with like quantities of domestically (c) Suspension or termination. with the subdistributing agency must produced commercial foods of the same Whenever it is determined that a include the provisions in paragraph (c) generic identity and of equal or better distributing agency has materially failed of this section, and must indicate the quality (i.e., cheddar cheese for cheddar to comply with the provisions of this specific activities for which the cheese, nonfat dry milk for nonfat dry part, or with other applicable Federal subdistributing agency is responsible. milk, etc.). regulations, FNS may suspend or (c) Recipient agencies. The (2) In the case of donated nonfat dry terminate the distribution of donated distributing agency must select recipient milk, substitution as defined under foods, or the provision of administrative agencies, as defined in § 250.2, to paragraph (1) of this definition or funds, to the distributing agency. FNS receive donated foods for distribution to replacement with an equivalent amount, must provide written notification of needy persons, or for use in meals based on milk solids content, of such suspension or termination of provided to needy persons, in domestically produced concentrated assistance, including the reasons for the accordance with eligibility criteria for skim milk. action and the effective date. The specific programs or outlets, and must (3) A processor can substitute distributing agency may appeal a enter into a written agreement with a commercial product for donated suspension or termination of assistance recipient agency prior to distribution of commodity, as described in paragraph if such appeal is provided for in Federal donated foods to it. However, for child (1) of this definition, without regulations applicable to a specific food nutrition programs, the distributing restrictions under full substitution. The assistance program (e.g., as provided for agency must enter into agreements with processor must return to the contracting in § 253.5(l) for FDPIR). FNS may also those recipient agencies selected by the agency, in finished end products, the take other actions, as appropriate, State administering agency to same number of pounds of commodity including prosecution under applicable participate in such programs, prior to that the processor originally received for Federal statutes. distribution of donated foods to such processing under full substitution. This recipient agencies. The distributing is the 100-percent yield requirement. § 250.4 Administration at the State level. agency must confirm such recipient (4) A processor can substitute (a) Distributing agency. The agencies’ approval for participation in commercial product for donated distributing agency, as defined in the appropriate child nutrition program commodity product, as described in § 250.2, is responsible for ensuring with the State administering agency. For paragraph (1) of this definition, with compliance with the requirements in household programs, distributing some restrictions under limited this part, and in other Federal agencies must consider the past substitution. Restrictions include, but regulations referenced in this part, in performance of recipient agencies when
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63247
approving applications for participation. Subpart B—Delivery, Distribution, and may also deliver donated foods directly Agreements with recipient agencies Control of Donated Foods to a recipient agency, or to a storage must include the provisions in this Sec. facility or processor with which the paragraph (c), as well as provisions 250.10 Availability and ordering of donated recipient agency has entered into a required in Federal regulations foods. contract or agreement, with the approval applicable to specific programs (e.g., 250.11 Delivery and receipt of donated food of the distributing agency. In accordance shipments. agreements with local agencies in CSFP with § 250.2, an entity that receives a 250.12 Storage and inventory management shipment of donated foods directly from must include the provisions in at the distributing agency level. § 247.4(b)). The agreements with 250.13 Efficient and cost-effective a USDA vendor or a Federal storage recipient agencies and subdistributing distribution of donated foods. facility is referred to as the consignee. agencies must: 250.14 Storage and inventory management Consignees must provide a delivery at the recipient agency level. address, and other information as (1) Ensure compliance with the 250.15 Out-of-condition donated foods, required by FNS, as well as update this applicable requirements in this part, food recalls, and complaints. information as necessary, to ensure with other Federal regulations 250.16 Claims and restitution for donated foods are delivered to the correct referenced in this part, and with the food losses. location. distributing agency’s written agreement 250.17 Use of funds obtained incidental to (b) Receipt of shipments. The with FNS; donated food distribution. distributing or recipient agency, or other 250.18 Reporting requirements. consignee, must comply with all (2) Ensure compliance with all 250.19 Recordkeeping requirements. requirements relating to food safety and 250.20 Audit requirements. applicable Federal requirements in food recalls; 250.21 Distributing agency reviews. receiving shipments of donated foods, including procedures for the disposition (3) Establish the duration of the 250.22 Distributing agency performance standards. of any donated foods in a shipment that agreement; are out-of-condition (as this term is (4) Permit termination of the § 250.10 Availability and ordering of defined in § 250.2), or are not in agreement by the distributing agency for donated foods. accordance with ordered amounts. The failure of the recipient agency (or (a) Ordering donated foods. The distributing or recipient agency, or other subdistributing agency, as applicable) to distributing agency must utilize a consignee, must provide notification of comply with its provisions or applicable request-driven ordering system in the receipt of donated food shipments to requirements, upon written notification submitting orders for donated foods to FNS, through electronic means, and to the applicable party; and FNS. As part of such system, the must maintain an electronic record of distributing agency must provide (5) Permit termination of the receipt of all donated food shipments. recipient agencies with the opportunity (c) Replacement of donated foods. agreement by either party, upon written to submit input, on at least an annual The vendor is responsible for the notification to the other party, at least basis, in determining the donated foods replacement of donated foods that are 60 days prior to the effective date of from the full list that are made available delivered out-of-condition. Such termination. to them for ordering. Based on the input responsibility extends until expiration (d) Procurement of services of received, the distributing agency must of the use-by or best-if-used-by date on commercial enterprises. The ensure that the types and forms of the food label, or, if no such date is distributing agency, or a recipient donated foods that recipient agencies included on the food label, until agency, must ensure compliance with may best utilize are made available to expiration of the vendor warranty Departmental procurement them for ordering. The distributing period included in the vendor contract requirements in 7 CFR part 3016 or agency must also ensure that donated with USDA. In all cases, responsibility 3019, as applicable, to obtain the foods are ordered and distributed only for replacement is contingent on the services of a commercial enterprise to in amounts that may be utilized determination that the foods were out- conduct activities relating to donated efficiently and without waste. of-condition at the time of delivery. foods. The distributing agency, or a (b) Provision of information on Replacement must be in-kind, unless recipient agency, must also ensure donated foods. The distributing agency FNS approves similar replacement (the compliance with other applicable must provide recipient agencies, at their terms in-kind and similar replacement Departmental regulations in such request, information that will assist are defined in § 250.2). If FNS procurements—for example, a school them in ordering or utilization of determines that physical replacement of food authority must ensure compliance donated foods, including: donated foods is not cost-effective or with requirements in §§ 210.16 and (1) The types and quantities of efficient, FNS may: 210.21, and in subpart D of this part, in donated foods that they may order; (1) Approve payment by the vendor to procuring the services of a food service (2) Donated food specifications and the distributing or recipient agency, as management company. nutritional value; and appropriate, for the value of the donated (3) Procedures for the disposition of foods at time of delivery (or at another § 250.5 Civil rights. donated foods that are out-of-condition value determined by FNS); or (2) Credit the distributing agency’s Distributing agencies, subdistributing or that are subject to a food recall. entitlement, as feasible. agencies and recipient agencies shall § 250.11 Delivery and receipt of donated (d) Payment of costs relating to comply with the Department’s food shipments. shipments. The Department is nondiscrimination regulations (7 CFR (a) Delivery. The Department arranges responsible for payment of processing, parts 15, 15a, and 15b) and the FNS for delivery of donated foods from the transportation, handling, or other costs civil rights instructions to ensure that in vendor or Federal storage facility to the incurred up to the time of delivery of the operation of the program no person distributing agency’s storage facility, or donated foods to a distributing or is discriminated against on a protected to a processor with which the recipient agency, or other consignee, as bases as it applies to each program. distributing agency has entered into a the Department deems in its best ■ 3. Revise Subpart B to read as follows: contract or agreement. The Department interest. However, the distributing or
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63248 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
recipient agency, or other consignee, is (1) For TEFAP, NSLP and other child part of the distributing agency. The responsible for payment of any delivery nutrition programs, inventories may not distributing agency must maintain a charges that accrue as a result of such exceed an amount needed for a six- record of all transfers from its consignee’s failure to comply with month period, based on an average inventories, and of any inspections procedures in FNS instructions—e.g., amount of donated foods utilized in that related to such transfers. failure to provide for the unloading of period; and (f) Commercial storage facilities or a shipment of donated foods within a (2) For CSFP and FDPIR, inventories carriers. The distributing agency may designated time period. of each category of donated food in the obtain the services of a commercial (e) Transfer of title. Title to donated food package may not exceed an amount storage facility to store and distribute foods transfers to the distributing or needed for a three-month period, based donated foods, or a carrier to transport recipient agency, as appropriate, upon on an average amount of donated food donated foods, but must ensure acceptance of the donated foods at the that the distributing agency can compliance with Departmental time and place of delivery. reasonably utilize in that period to meet procurement requirements in 7 CFR part Notwithstanding transfer of title, CSFP caseload or FDPIR average 3016. The distributing agency must distributing and recipient agencies must participation. enter into a written contract with a ensure compliance with the (d) Inventory protection. The commercial storage facility or carrier, requirements of this part in the distributing agency must obtain which may not exceed five years in distribution, control, and use of donated insurance to protect the value of duration, including any extensions or foods. donated foods at its storage facilities. renewals. The contract must include The amount of such insurance must be applicable provisions required by § 250.12 Storage and inventory at least equal to the average monthly management at the distributing agency Federal statutes and executive orders value of donated food inventories at listed in 7 CFR 3016.36(i). The contract level. such facilities in the previous fiscal (a) Safe storage and control. The must also include, as applicable to a year. The distributing agency must also storage facility or carrier, provisions distributing agency (or subdistributing ensure that the following entities obtain agency, as applicable) must provide that: insurance to protect the value of their (1) Assure storage, management, and facilities for the storage and control of donated food inventories, in the same donated foods that protect against theft, transportation of donated foods in a amount required of the distributing manner that properly safeguards them spoilage, damage, or other loss. agency in this paragraph (d): against theft, spoilage, damage, or other Accordingly, such storage facilities must (1) Subdistributing agencies; maintain donated foods in sanitary (2) Recipient agencies in household loss, in accordance with the conditions, at the proper temperature programs that have an agreement with requirements in this part; and humidity, and with adequate air the distributing agency or (2) Assure compliance with all circulation. The distributing agency subdistributing agency to store and Federal, State, or local requirements must ensure that storage facilities distribute foods; and relative to food safety and health, comply with all Federal, State, or local (3) Commercial storage facilities including required health inspections, requirements relative to food safety and under contract with the distributing and procedures for responding to a food health, as applicable, and obtain all agency or with an agency identified in recall; required health inspections. paragraph (d)(1) or (2) of this section. (3) Assure storage of donated foods in (b) Inventory management. The (e) Transfer of donated foods. The a manner that distinguishes them from distributing agency must ensure that distributing agency may transfer other foods, and assure separate donated foods at all storage facilities donated foods from its inventories to inventory recordkeeping of donated used by the distributing agency (or by a another distributing agency, or to foods; subdistributing agency) are stored in a another program, in order to ensure that (4) Assure distribution of donated manner that permits them to be such foods may be utilized in a timely foods to eligible recipient agencies in a distinguished from other foods, and manner and in optimal condition, in timely manner, in optimal condition, must ensure that a separate inventory accordance with this part. However, the and in amounts for which such record of donated foods is maintained. distributing agency must request FNS recipient agencies are eligible; The distributing agency’s system of approval to transfer donated foods from (5) Include the amount of insurance inventory management must ensure that one program to another (e.g., from NSLP coverage obtained to protect the value of donated foods are distributed in a to TEFAP). FNS may also require a donated foods; timely manner and in optimal distributing agency to transfer donated (6) Permit the performance of on-site condition. On an annual basis, the foods at the distributing agency’s storage reviews of the storage facility by the distributing agency must conduct a facilities or at a processor’s facility, if distributing agency, the Comptroller physical review of donated food inventories of donated foods are General, the Department of Agriculture, inventories at all storage facilities used excessive or may not be efficiently or any of its duly authorized by the distributing agency (or by a utilized. If there is a question of food representatives, in order to determine subdistributing agency), and must safety, or if directed by FNS, the compliance with requirements in this reconcile physical and book inventories distributing agency must obtain an part; of donated foods. The distributing inspection of donated foods by State or (7) Establish the duration of the agency must report donated food losses local health authorities to ensure that contract, and provide for extension or to FNS, and ensure that restitution is the donated foods are still safe and not renewal of the contract only upon made for such losses. out-of-condition before transferring fulfillment of all contract provisions; (c) Inventory limitations. The them. The distributing agency is (8) Provide for expeditious distributing agency is subject to the responsible for meeting any termination of the contract for following limitations in the amount of transportation or inspection costs noncompliance with its provisions; and donated food inventories on-hand, incurred, unless it is determined by FNS (9) Provide for termination of the unless FNS approval is obtained to that the transfer is not the result of contract by either party for other cause, maintain larger inventories: negligence or improper action on the after written notification of such intent
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63249
at least 60 days prior to the effective costs. The distribution charge may cover or local requirements relative to food date of such action. only allowable costs, in accordance with safety and health, as applicable, and 7 CFR part 3016 and with OMB obtain all required health inspections. § 250.13 Efficient and cost-effective guidance. The distributing agency must (b) Inventory management— distribution of donated foods. maintain a record of costs incurred in household programs. Recipient agencies (a) Direct shipments. The distributing storing and distributing donated foods in household programs must store agency must ensure that the distribution and related administrative costs, and the donated foods in a manner that permits of donated foods is conducted in the source of funds used to pay such costs. them to be distinguished from other most efficient and cost-effective manner, (c) FNS approval of amount of foods in storage, and must maintain a and, to the extent practical, in distribution charge. In determining the separate inventory record of donated accordance with the specific needs and amount of a new distribution charge, or foods. Such recipient agencies’ system preferences of recipient agencies. In in increasing the amount (except for of inventory management must ensure meeting this requirement, the normal inflationary adjustments) or that donated foods are distributed to distributing agency must, to the extent reducing the level of service provided recipients in a timely manner that practical, provide for: once a distribution charge is permits use of such foods while still in (1) Shipments of donated foods established, the distributing agency optimal condition. Such recipient directly from USDA vendors to recipient must request FNS approval prior to agencies must notify the distributing agencies, including two or more implementation. Such requirement also agency of donated food losses and take recipient agencies acting as a collective applies to the distribution charge further actions with respect to such food unit (such as a school co-op), or to the imposed by a commercial storage losses, as directed by the distributing commercial storage facilities of such facility under contract with the agency. agencies; distributing agency. The request for (c) Inventory management—child (2) Shipments of donated foods approval must be submitted to FNS at nutrition programs and charitable directly from USDA vendors to least 90 days in advance of its projected institutions. Recipient agencies in child processors for processing of donated implementation, and must include nutrition programs, and those receiving foods and sale of end products to justification of the newly established donated foods as charitable institutions, recipient agencies, in accordance with amount, or any increased charge or in accordance with § 250.67, are not Subpart C of this part; and reduction in the level of service required to store donated foods in a (3) The use of split shipments, as provided under an established manner that distinguishes them from defined in § 250.2, in arranging for distribution charge, and the specific purchased foods or other foods, or to delivery of donated foods to recipient costs covered under the distribution maintain a separate inventory record of agencies that cannot accept a full charge (e.g., storage, delivery, or donated foods—i.e., they may utilize truckload. administrative costs). single inventory management, as (b) Distributing agency storage and (d) FNS review authority. FNS may defined in § 250.2. For such recipient distribution charge. If a distributing reject the distributing agency’s proposed agencies, donated foods are subject to agency determines that direct shipments new, or changes to an existing, the same safeguards and effective of donated foods, as described in distribution charge if it determines that management practices as other foods. paragraph (a) of this section, are the charge would not provide for Accordingly, recipient agencies in child impractical, it must provide for the distribution of donated foods in the nutrition programs and those receiving storage of donated foods at the most efficient and cost-effective manner, donated foods as charitable institutions distributing agency level, and or may otherwise impact recipient (regardless of the inventory management subsequent distribution to recipient agencies negatively. In such case, the system utilized), are not required to agencies, in the most efficient and cost- distributing agency would be required separately monitor and report donated effective manner. The distributing to adjust the proposed amount or the food use, distribution, or loss to the agency must use a commercial storage level of service provided in its distributing agency, unless there is facility, in accordance with § 250.12(f), distribution charge, or consider other evidence indicating that donated food if such system is determined to be more distribution options. FNS may also loss has occurred as a result of theft or efficient and cost-effective. The require the distributing agency to fraud. distributing agency must utilize State submit documentation to justify the (d) Transfer of donated foods to Administrative Expense (SAE) funds, as efficiency and cost-effectiveness of its another recipient agency. A recipient available, to meet the costs of storing storage and distribution system at other agency operating a household program and distributing donated foods for times, and may require the distributing must request approval from the school food authorities or other agency to re-evaluate such system in distributing agency to transfer donated recipient agencies in child nutrition order to ensure compliance with the foods at its storage facilities to another programs, and administrative costs requirements in this part. recipient agency. The distributing related to such activities, in accordance agency may approve such transfer to with 7 CFR part 235. If SAE funds, or § 250.14 Storage and inventory another recipient agency in the same any other Federal or State funds management at the recipient agency level. household program (e.g., the transfer of received for such purpose, are (a) Safe storage and control. Recipient TEFAP foods from one food pantry to insufficient to fully meet the agencies must provide facilities for the another) without FNS approval. distributing agency’s costs of storing storage and control of donated foods However, the distributing agency must and distributing donated foods, and that protect against theft, spoilage, receive FNS approval to permit a related administrative costs (e.g., damage, or other loss. Accordingly, such recipient agency in a household salaries of employees engaged in such storage facilities must maintain donated program to transfer donated foods to a activities), the distributing agency may foods in sanitary conditions, at the recipient agency in a different program require school food authorities or other proper temperature and humidity, and (e.g., the transfer of TEFAP foods from recipient agencies in child nutrition with adequate air circulation. Recipient a food pantry to a CSFP local agency), programs to pay a distribution charge, as agencies must ensure that storage even if the same recipient agency defined in § 250.2, to help meet such facilities comply with all Federal, State, administers both programs. A recipient
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63250 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
agency operating a child nutrition (c) Food recalls. The distributing or its option, require assignment to it of program, or receiving donated foods as recipient agency, as appropriate, must any claim arising from the distribution a charitable institution, in accordance follow all applicable Federal, State or of donated foods. with § 250.67, may transfer donated local requirements for donated foods foods to another recipient agency or subject to a food recall, as this term is § 250.17 Use of funds obtained incidental to donated food distribution. charitable organization without defined in § 250.2. Further, in the event approval from the distributing agency or of a recall, Departmental guidance is (a) Distribution charge. The FNS. provided, including procedures or distributing agency must use funds (e) Commercial storage facilities. instructions for all parties in responding obtained from the distribution charge Recipient agencies may obtain the to a food recall, replacement of recalled imposed on recipient agencies in child services of commercial storage facilities donated foods, and reimbursement of nutrition programs, in accordance with to store and distribute donated foods, specific costs incurred as a result of § 250.13(b), to meet the costs of storing but must ensure compliance with such actions. and distributing donated foods or Departmental procurement (d) Complaints relating to donated related administrative costs, consistent requirements in 7 CFR parts 3016 or foods. The distributing agency must with the limitations on the use of funds 3019, as applicable. Recipient agencies inform recipient agencies of the provided under a Federal grant in 7 CFR must ensure that commercial storage preferred method of receiving part 3016 and OMB guidance. The facilities comply with all of the complaints regarding donated foods. distributing agency must maintain such applicable requirements in this section Complaints received from recipients, funds in an operating account, separate regarding the storage and inventory recipient agencies, or other entities from other funds obtained incidental to management of donated foods. relating to donated foods must be donated food distribution. The amount resolved in an expeditious manner, and of funds maintained at any time in the § 250.15 Out-of-condition donated foods, in accordance with applicable operating account may not exceed the food recalls, and complaints. requirements in this part. However, the distributing agency’s highest (a) Out-of-condition donated foods at distributing agency may not dispose of expenditure from that account over any the distributing agency level. The any donated food that is the subject of three-month period in the previous distributing agency must ensure that a complaint prior to guidance and school or fiscal year, unless the donated foods that are out-of-condition, authorization from FNS. Any distributing agency receives FNS as defined in § 250.2, at any of its complaints regarding product quality or approval to maintain a larger amount of storage facilities are destroyed, or specifications, or suggested product funds in such account. Unless such otherwise disposed of, in accordance improvements, must be submitted to approval is granted, funds in excess of with State or local requirements FNS through the established FNS the established limit must be used to pertaining to food safety and health. The donated foods complaint system for reduce the distribution charge imposed distributing agency must obtain an tracking purposes. If complaints may on recipient agencies, or to provide inspection of donated foods by State or not be resolved at the State level, the appropriate reimbursement to such local health authorities to determine distributing agency must provide agencies. The distributing agency may their safety and condition, as necessary, information regarding the complaint to not use funds obtained from the or as directed by FNS. Out-of-condition FNS. The distributing agency must distribution charge to purchase foods to donated foods may be sold (e.g., to a maintain a record of its investigations replace donated food losses or to pay salvage company), if permitted by State and other actions with respect to claims to make restitution for donated or local laws or regulations. complaints relating to donated foods. food losses. (b) Out-of-condition donated foods at (b) Processing and food service the recipient agency level. Recipient § 250.16 Claims and restitution for management company contracts. agencies in household programs must donated food losses. School food authorities must use funds report out-of-condition donated foods at (a) Distributing agency obtained from processors in processing their storage facilities to the distributing responsibilities. The distributing agency of donated foods into end products (e.g., agency, in accordance with § 250.14(b), must ensure that restitution is made for through rebates for the value of such and must ensure that such donated the loss of donated foods, or for the loss donated foods), or from food service foods are destroyed, or otherwise or improper use of funds provided for, management companies in crediting for disposed of, in accordance with State or or obtained as an incident of, the the value of donated foods received, in local requirements pertaining to food distribution of donated foods. The support of the nonprofit school food safety and health. The distributing distributing agency must identify, and service, in accordance with 7 CFR agency must ensure that such recipient seek restitution from, parties 210.14 of this chapter. Other recipient agencies obtain an inspection of responsible for the loss, and implement agencies must use such funds in donated foods by State or local health corrective actions to prevent future accordance with the requirements in authorities to determine their safety and losses. paragraph (c) of this section. condition, as necessary, or as directed (b) FNS claim actions. FNS may (c) Claims and other sources. The by FNS. For charitable institutions, in initiate and pursue claims against the distributing agency must ensure that accordance with § 250.67, and recipient distributing agency or other entities for funds collected in payment of claims for agencies in child nutrition programs, the loss of donated foods, or for the loss donated food losses are used only for donated foods must be treated as other or improper use of funds provided for, the payment of expenses of the food foods when safety is in question. or obtained as an incident of, the distribution program. The first priority Consequently, such recipient agencies distribution of donated foods. FNS may for the use of funds collected in a claim must comply with State or local also initiate and pursue claims against for the loss of donated foods is the requirements in determining the safety the distributing agency for failure to purchase of replacement foods for use in of foods (including donated foods), and take required claim actions against other the program in which the loss occurred. in their destruction or other disposition. parties. FNS may, on behalf of the If the purchase of replacement foods is However, they are not required to report Department, compromise, forgive, not feasible, funds collected in a claim such actions to the distributing agency. suspend, or waive a claim. FNS may, at for the loss of donated foods must be
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63251
used to pay allowable administrative § 250.18 Reporting requirements. products to recipient agencies, costs incurred in the storage and (a) Inventory and distribution of including the sale of such end products distribution of donated foods. The donated foods. The distributing agency by distributors. Specific recordkeeping distributing agency, or recipient agency, must submit to FNS reports relating to requirements relating to the use of must use funds obtained from sources the inventory and distribution of donated foods in contracts with food incidental to donated food distribution donated foods in this paragraph (a) or in service management companies are (except as otherwise indicated in this other regulations applicable to specific included in § 250.54. Failure of the section) to pay administrative costs programs. Such reports must be distributing agency, recipient agency, or incurred in the storage and distribution submitted in accordance with the time other entity to comply with of donated foods, consistent with the frames established for each respective recordkeeping requirements shall be limitations on the use of funds provided form. For donated foods received in considered prima facie evidence of under a Federal grant in 7 CFR parts FDPIR, the distributing agency must improper distribution or loss of donated 3016 or 3019, and OMB guidance, as submit form FNS–152, Monthly foods and may result in a claim against applicable. The distributing agency Distribution of Donated Foods to Family such party for the loss or misuse of must maintain funds obtained from Units. For donated foods received in donated foods, in accordance with claims and other sources included in TEFAP, NSLP, or other child nutrition § 250.16, or in other sanctions or this paragraph (c) in a donated food programs, the distributing agency must corrective actions. account (separate from the operating submit form FNS–155, the Inventory (b) Retention of records. Records account maintained in accordance with Management Register. relating to requirements for donated paragraph (a) of this section), and must (b) Processor performance reports. foods must be retained for a period of obtain FNS approval for any single Processors must submit monthly three years from the close of the fiscal deposit into, or expenditure from, such performance reports to the distributing or school year to which they pertain. account in excess of $25,000. agency, in accordance with § 250.30(m). However, records pertaining to claims Distributing and recipient agencies must Such reports must include the or audits that remain unresolved in this maintain records of funds obtained and information listed in § 250.30(m). period of time must be retained until expended in accordance with this (c) Disasters and situations of distress. such actions have been resolved. The distributing agency must submit to paragraph (c). Examples of funds § 250.20 Audit requirements. applicable to the provisions in this FNS a report of the types and amounts of donated foods used from distributing (a) Requirements for distributing and paragraph (c) include funds accrued recipient agencies. Audit requirements from: or recipient agency storage facilities in disasters and situations of distress, and for State or local government agencies (1) The salvage of out-of-condition a request for replacement of such foods, and nonprofit organizations that receive donated foods. using electronic form FNS–292A, Report Federal awards or grants (including (2) The sale of donated food of Commodity Distribution for Disaster distributing and recipient agencies containers, pallets, or packing materials. Relief, in accordance with §§ 250.69 and under this part) are included in 250.70. The report must be submitted Departmental regulations in 7 CFR part (3) Payments by processors for failure 3052 (which codifies audit requirements to meet processing yields or other cause. within 45 days of the termination of such assistance. in OMB Circular A–133). In accordance (d) Prohibitions. The distributing (d) Other information. The with such regulations, the value of agency may not use funds obtained distributing agency must submit other Federal grants or awards expended in a incidental to donated food distribution information, as requested by FNS, in fiscal year determine if the distributing to meet State matching requirements for order to ensure compliance with or recipient agency is required to obtain Federal administrative funds provided requirements in this part. For example, an audit in that year. The value of in household programs, or in place of FNS may require the distributing agency donated foods must be considered as State Administrative Expense (SAE) to submit information with respect to its part of the Federal grants or awards in funds provided in accordance with 7 assessment of the distribution charge, or determining if an audit is required. FNS CFR part 235. to justify the efficiency and cost- provides guidance for distributing and (e) Buy American. When funds effectiveness of its distribution system, recipient agencies in valuing donated obtained in accordance with this section in accordance with § 250.13(c) and (d). foods for audit purposes, and in are used to purchase foods in the determining whether an audit must be § 250.19 Recordkeeping requirements. commercial market, a distributing or obtained. (For availability of the OMB recipient agency in the continental (a) Required records. Distributing circular mentioned in this paragraph, United States, and in Hawaii, must, to agencies, recipient agencies, and other please refer to 5 CFR 1310.3). the maximum extent practical, purchase entities must maintain records of (b) Requirements for processors. In- only domestic foods or food products. agreements and contracts, reports, State processors must obtain an Such requirement is also applicable to audits, and claim actions, funds independent certified public accountant food purchases made with the cash-in- obtained as an incident of donated food (CPA) audit in the first year that they lieu-of-donated foods provided in NSLP distribution, and other records receive donated foods for processing, and CACFP, in accordance with specifically required in this part or in while multi-State processors must §§ 250.56(e) and 250.61(c). For the other Departmental regulations, as obtain such an audit in each of the first purposes of this section, domestic foods applicable. In addition, distributing two years that they receive donated or food products are: agencies must keep a record of the value foods for processing. After this initial of donated foods each of its school food requirement period, in-State and multi- (1) Agricultural commodities that are authorities receives, and records to State processors must obtain an produced in the United States; or demonstrate compliance with the independent CPA audit at a frequency (2) Food products that are processed professional standards for distributing determined by the average value of in the United States substantially using agency directors established in donated foods received for processing agricultural commodities that are 235.11(g). Processors must also maintain per year, as indicated in this paragraph produced in the United States. records documenting the sale of end (b). The value of donated foods used in
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63252 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
determining if an audit is required must review of required reports or audits. offer value of donated foods, in be the contract value of the donated However, the distributing agency is not accordance with § 250.58; foods, as defined in § 250.2. The audit responsible for the review of school (4) Provide for the storage, must determine that the processor’s food authorities and other recipient distribution, and control of donated performance is in compliance with the agencies in child nutrition programs. foods in accordance with all Federal, requirements in this part, and must be The State administering agency is State, or local requirements relating to conducted in accordance with responsible for the review of such food safety and health; procedures in the FNS Audit Guide for recipient agencies, in accordance with (5) Provide for the distribution of Processors. All processors must pay for review requirements of part 210. donated foods in the most efficient and audits required in this paragraph (b). An (b) On-site reviews. The distributing cost-effective manner, including, to the in-State or multi-State processor must agency must conduct an on-site review extent practical, direct shipments from obtain an audit: of: vendors to recipient agencies or (1) Annually, if it receives, on (1) Charitable institutions, whenever processors, and the use of split average, more than $5,000,000 in the distributing agency identifies actual shipments; donated foods for processing per year; or probable deficiencies in the use of (6) Use SAE funds, or other Federal or (2) Every two years, if it receives, on donated foods by such institutions, State funds, as available, in paying State average, between $1,000,000 and through audits, investigations, storage and distribution costs for child $5,000,000 in donated foods for complaints, or any other information; nutrition programs, and impose a processing per year; or (2) Storage facilities at the distributing distribution charge on recipient (3) Every three years, if it receives, on agency level (including commercial agencies in child nutrition programs average, less than $1,000,000 in donated storage facilities under contract with the only to extent that such funds are foods for processing per year. distributing or subdistributing agency), insufficient to meet applicable costs; (c) Post-audit actions required of (7) Provide for the processing of processors. In-State processors must on an annual basis; and (3) Subdistributing and recipient donated foods, at the request of school submit a copy of the audit to the food authorities, in accordance with distributing agency for review by agencies in CSFP, TEFAP, and FDPIR, in accordance with 7 CFR parts 247, Subpart C of this part, including the December 31st of each year in which an testing of end products with school food audit is required. The distributing 251, and 253, respectively. (c) Identification and correction of authorities, and the solicitation of agency must ensure that in-State acceptability input, when procuring end processors provide a corrective action deficiencies. The distributing agency must inform each subdistributing products on behalf of school food plan with timelines for correcting authorities or otherwise limiting the deficiencies identified in the audit, and agency, recipient agency, or other entity of any deficiencies identified in its procurement of end products; and must ensure that such deficiencies are (8) Provide recipient agencies corrected. Multi-State processors must reviews, and recommend specific actions to correct such deficiencies. The information regarding the preferred submit a copy of the audit, and a method for submission of donated foods corrective action plan with timelines for distributing agency must ensure that such agencies or entities implement complaints to the distributing agency correcting deficiencies identified in the and act expeditiously to resolve audit, as appropriate, to FNS for review corrective actions to correct deficiencies in a timely manner. submitted complaints. by December 31st of each year in which (b) Corrective action plan. The an audit is required. FNS may conduct § 250.22 Distributing agency performance distributing agency must submit a an audit or investigation of a processor standards. corrective action plan to FNS whenever to ensure correction of deficiencies, in (a) Performance standards. The it is found to be substantially out of accordance with § 250.3(b). distributing agency must meet the basic compliance with the performance (d) Failure to meet audit standards in paragraph (a) of this requirements. If a distributing agency or performance standards included in this paragraph in the ordering, distribution, section, or with other requirements in recipient agency fails to obtain the this part. The plan must identify the required audit, or fails to correct processing, if applicable, and control of donated foods. Some of the performance corrective actions to be taken, and the deficiencies identified in the audit, FNS timeframe for completion of such may withhold, suspend, or terminate standards apply only to distributing agencies that distribute donated foods in actions. The plan must be submitted to the Federal award. If a processor fails to FNS within 60 days after the obtain the required audit, or fails to NSLP or other child nutrition programs, as indicated. However, the distributing agency receives notification correct deficiencies identified in the from FNS of a deficiency. audit, a distributing or recipient agency identification of specific performance standards does not diminish the (c) Termination or suspension. FNS may terminate the processing may terminate or suspend all, or part, of agreement, and may not extend or responsibility of the distributing agency to meet other requirements in this part. the distributing agency’s participation renew such an agreement. Additionally, in the distribution of donated foods, or FNS may prohibit the further In meeting basic performance standards, the distributing agency must: in a food distribution program, for distribution of donated foods to such failure to comply with requirements in processor. (1) Provide recipient agencies with information on donated food this part, with other applicable Federal § 250.21 Distributing agency reviews. availability, assistance levels, values, regulations, or with its written (a) Scope of review requirements. The product specifications, and processing agreement with FNS. FNS may also take distributing agency must ensure that options, as requested; other actions, as appropriate, including subdistributing agencies, recipient (2) Implement a request-driven prosecution under applicable Federal agencies, and other entities comply with ordering system, in accordance with statutes. applicable requirements in this part, § 250.10(a), and, for child nutrition Subpart C—Processing and Labeling and in other Federal regulations, programs, § 250.58(a); of Donated Foods through the on-site reviews required in (3) Offer school food authorities in paragraph (b) of this section, and the NSLP, at a minimum, the commodity ■ 4. In Subpart C, § 250.30:
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63253
■ a. Revise all references to ‘‘FNSRO’’ to ■ s. Remove paragraph (n)(4), and accordance with the requirements in read ‘‘FNS Regional Office’’. redesignate paragraph (n)(5) as § 250.51(d). * * * ■ b. Amend paragraph (b)(2) paragraph (n)(4). * * * * * introductory text by removing the ■ t. Remove paragraphs (o), (q), and (r), ■ 6. In § 250.52, revise paragraph (a) to reference, ‘‘§ 250.12(b)’’, and adding in and redesignate paragraphs (p), (s), and read as follows: its place the reference, ‘‘§ 250.4(c)’’. (t) as paragraphs (o), (p), and (q), ■ c. Amend paragraph (b)(2)(i) by respectively. § 250.52 Storage and inventory management of donated foods. removing the words, ‘‘as defined in The revisions read as follows: § 250.3’’, and adding in their place the (a) General requirements. The food words, ‘‘in accordance with paragraph § 250.30 State processing of donated service management company must foods. (d) of this section’’. meet the requirements for the safe ■ d. Amend paragraph (c) as follows: * * * * * storage and control of donated foods in ■ i. Redesignate paragraphs (c)(1)(i) (c) * * * § 250.14(a). through (vi) as paragraphs (c)(1)(i)(A) (4) * * * * * * * * through (F). (viii) * * * Subpart E—National School Lunch ■ ii. Redesignate paragraph (c)(1) (G) Meet the requirements of § 250.19 Program (NSLP) and Other Child introductory text as (c)(1)(i) in maintaining records pertaining to the Nutrition Programs introductory text. receipt, distribution, and control of ■ iii. Designate the undesignated donated foods, and the sale of end ■ 7. In § 250.58, revise paragraphs (a) paragraph following paragraph products; and (e) to read as follows: (c)(1)(i)(F), beginning with the words * * * * * ‘‘These criteria will be reviewed’’, as § 250.58 Ordering donated foods and their (xi) Meet the requirements in provision to school food authorities. paragraph (c)(1)(ii). § 250.20(b) and (c) in obtaining an ■ e. Amend newly designated paragraph independent certified public accountant (a) Ordering and distribution of (c)(1)(ii) by removing the references, audit, and in performing post-audit donated foods. The distributing agency ‘‘Attachment O to OMB Circular A–102’’ actions; must ensure that school food authorities and ‘‘Attachment O of OMB Circular A– are able to submit donated food orders * * * * * through the FNS electronic donated 102’’, and adding in their place the (d) * * * reference, ‘‘7 CFR parts 3016 or 3019, as foods ordering system, or through a (1) * * * comparable electronic food ordering applicable’’. (i) A refund system in which the system. The distributing agency must ■ f. Amend paragraph (c)(4)(iii) by processor provides a payment to the ensure that all school food authorities removing the reference, ‘‘§ 250.3’’, and recipient agency in the amount of the have the opportunity to provide input at adding in its place the reference, contract value of the donated food least annually in determining the ‘‘§ 250.2’’. contained in the end product; donated foods from the full list that are ■ g. Revise paragraphs (c)(4)(viii)(G) and * * * * * made available to them for ordering in (c)(4)(xi). (e) * * * the FNS electronic donated foods ■ h. Remove paragraph (c)(4)(xiv), and (1) * * * ordering system or other comparable redesignate paragraphs (c)(4)(xv) (i) A refund system in which the electronic ordering system. The through (xviii) as paragraphs (c)(4)(xiv) processor provides a payment to the distributing agency must ensure through (xvii). recipient agency in the amount of the distribution to school food authorities of ■ i. Revise paragraph (d)(1)(i). contract value of the donated food all such ordered donated foods that may ■ j. Remove the second and third contained in the end product; be distributed to them in a cost-effective sentences of paragraph (d)(1)(iii). ■ * * * * * manner (including the use of split k. Revise paragraph (e)(1)(i). shipments, as necessary), and that they ■ l. Amend paragraph (f)(1) introductory (n) * * * (3) * * * As a part of the annual may utilize efficiently and without text by removing the reference, waste. ‘‘§ 250.3’’, and adding in its place the reconciliation, the distributing agency reference, ‘‘§ 250.2’’. must ensure that a processor with * * * * * (e) Donated food value in offer and ■ m. Amend paragraph (f)(2) by excessive inventories of donated foods crediting. In offering the school food removing the reference, ‘‘§ 250.16’’, and reduces such inventories. * * * authority the commodity offer value of adding in its place the reference, * * * * * donated foods, the distributing agency ‘‘§ 250.19’’. must use either the cost-per-pound ■ n. Amend paragraph (f)(3)(vii) by Subpart D—Donated Foods in donated food prices posted annually by removing the reference, ‘‘§ 250.16(a)(4)’’, Contracts With Food Service USDA or the most recently published and adding in its place the reference, Management Companies cost-per-pound price in the USDA ‘‘§ 250.19(a)’’. ■ 5. In § 250.50, revise the second donated foods catalog. The distributing ■ o. Amend paragraph (j)(3) by sentence of paragraph (a) to read as agency must credit the school food removing the reference, ‘‘FNS follows: authority using the USDA purchase Instruction 410–1, Non-Audit Claims, price (cost-per-pound), and update the Food Distribution Program’’, and adding § 250.50 Contract requirements and price at least semi-annually to reflect in its place the reference, ‘‘§ 250.17(c)’’. procurement. ■ the most recent USDA purchase price. p. Remove the last sentence of (a) * * * The contract must ensure ■ 8. Revise § 250.59 to read as follows: paragraph (k)(3). that all donated foods received for use ■ q. Remove paragraphs (m)(1)(vii) and by the recipient agency in the school or § 250.59 Storage, control, and use of (viii), and redesignate paragraph fiscal year, as applicable, are used in the donated foods. (m)(1)(ix) as paragraph (m)(1)(vii). recipient agency’s food service, or that (a) Storage and inventory ■ r. Revise the second sentence of commercially purchased foods are used management. The distributing agency paragraph (n)(3). in place of such donated foods only in must ensure compliance with
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63254 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
requirements in §§ 250.12 and 250.13 in assistance in the price charged for the inconsistent with the requirements in 7 order to ensure the safe and effective meal or other activity. CFR part 247. storage and inventory management of (d) Use of donated foods in a contract (b) Types of donated foods donated foods, and their efficient and with a food service management distributed. Donated foods distributed cost-effective distribution to school food company. When the school food in CSFP include Section 4(a) foods, and authorities. The school food authority authority contracts with a food service donated foods provided under Section must ensure compliance with management company to conduct the 32, Section 416, or Section 709, as requirements in § 210.13 to ensure the food service, in accordance with available. safe and sanitary storage, inventory § 210.16, it must ensure compliance management, and use of donated foods with requirements in Subpart D of this § 250.64 The Emergency Food Assistance Program (TEFAP). and purchased foods. In accordance part, which address the treatment of with § 250.14(c), the school food donated foods under such contract. The (a) Distribution of donated foods in authority may commingle donated foods school food authority must also ensure TEFAP. The Department provides and purchased foods in storage and compliance with the use of donated donated foods in TEFAP to the maintain a single inventory record of foods in paragraphs (b) and (c) of this distributing agency (i.e., the State such commingled foods, in a single section under its contract with a food agency, in accordance with 7 CFR part inventory management system. service management company. 251) for further distribution in the State, (b) Use of donated foods in the (e) School food authorities acting as a in accordance with 7 CFR part 251. nonprofit school food service. The collective unit. Two or more school food State agencies and recipient agencies school food authority must use donated authorities may conduct activities of the must comply with the requirements of foods, as much as is practical, in the nonprofit school food service as a this part in the distribution, control, and lunches served to schoolchildren, for collective unit (e.g., in a school co-op or use of donated foods, to the extent that which they receive an established per- consortium), including activities such requirements are not inconsistent meal value of donated food assistance relating to donated foods. Such with the requirements in 7 CFR part each school year. However, the school activities must be conducted in 251. food authority may also use donated accordance with a written agreement or (b) Types of donated foods foods in other activities of the nonprofit contract between the parties. The school distributed. Donated foods distributed school food service. Revenues received food authority collective unit is subject in TEFAP include Section 27 foods, and from such activities must accrue to the to the same requirements as a single donated foods provided under Section school food authority’s nonprofit school school food authority in conducting 32, Section 416, or Section 709, as food service account, in accordance such activities. For example, the school available. with § 210.14. Some examples of such food authority collective unit may use a single inventory management system in § 250.65 Food Distribution Program on activities in which donated foods may Indian Reservations (FDPIR). be used include: its storage and control of purchased and donated foods. (a) Distribution of donated foods in (1) School breakfasts or other meals FDPIR. The Department provides served in child nutrition programs; § 250.60 [Removed] donated foods in FDPIR to the (2) A la carte foods sold to ■ 9. Remove § 250.60. distributing agency (i.e., the State schoolchildren; agency, in accordance with 7 CFR parts §§ 250.61 and 250.62 [Redesignated as (3) Meals served to adults directly 253 and 254, which may be an Indian involved in the operation and §§ 250.60 and 250.61] ■ Tribal Organization) for further administration of the nonprofit school 10. Redesignate §§ 250.61 and 250.62 distribution, in accordance with 7 CFR food service, and to other school staff; as §§ 250.60 and 250.61, respectively. parts 253 and 254. The State agency ■ 11. Revise Subpart F to read as and must comply with the requirements of follows: (4) Training in nutrition, health, food this part in the distribution, control, and service, or general home economics Subpart F—Household Programs use of donated foods, to the extent that instruction for students. Sec. such requirements are not inconsistent (c) Use of donated foods outside of the 250.63 Commodity Supplemental Food with the requirements in 7 CFR parts nonprofit school food service. The Program (CSFP). 253 and 254. school food authority should not use 250.64 The Emergency Food Assistance (b) Types of donated foods donated foods in meals or other Program (TEFAP). distributed. Donated foods distributed activities that do not benefit primarily 250.65 Food Distribution Program on Indian Reservations (FDPIR). in FDPIR include Section 4(a) foods, schoolchildren, such as banquets or 250.66 [Reserved] and donated foods provided under catered events. However, as their use in Section 32, Section 416, or Section 709, such activities may not always be § 250.63 Commodity Supplemental Food as available. avoided (e.g., if donated foods are Program (CSFP). commingled with purchased foods in a (a) Distribution of donated foods in 250.66 [Reserved] single inventory management system), CSFP. The Department provides the school food authority must ensure donated foods in CSFP to the Subpart G—Additional Provisions reimbursement to the nonprofit school distributing agency (i.e., the State ■ 12. Revise the heading for subpart G food service for the value of donated agency, in accordance with 7 CFR part to read as set forth above. foods used in such activities. When 247) for further distribution in the State, ■ 13. Revise § 250.69 to read as follows: such reimbursement may not be based in accordance with 7 CFR part 247. on actual usage of donated foods (e.g., State agencies and recipient agencies § 250.69 Disasters. in a single inventory management (i.e., local agencies in 7 CFR part 247) (a) Use of donated foods to provide system), the school food authority must must comply with the requirements of congregate meals. The distributing establish an alternate method of this part in the distribution, control, and agency may provide donated foods from reimbursement—e.g., by including the use of donated foods in CSFP, to the current inventories, either at the current per-meal value of donated food extent that such requirements are not distributing or recipient agency level, to
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63255
a disaster organization (as defined in simultaneously to individual such foods in the amounts used, or in § 250.2), for use in providing congregate households, and a description of the the amount of like donated foods meals to persons in need of food system that will be implemented to received during the preceding year, assistance as a result of a Presidentially prevent such dual participation. whichever is less. declared disaster or emergency (d) Information from households. If (h) Reimbursement of transportation (hereinafter referred to collectively as a the issuance of D–SNAP benefits has costs. In order to receive reimbursement ‘‘disaster’’). FNS approval is not been approved, the distributing agency for any costs incurred in transporting required for such use. However, the must ensure that the disaster donated foods within the State, or from distributing agency must notify FNS organization obtains the following one State to another, for use in disasters, that such assistance is to be provided, information from households receiving the distributing agency must submit a and the period of time that it is expected donated foods, and reports such public voucher to FNS with to be needed. The distributing agency information to the distributing agency: documentation of such costs. FNS will may extend such period of assistance as (1) The name and address of the review the request and reimburse the needs dictate, but must notify FNS of household members applying for distributing agency. such extension. assistance; ■ 14. Revise § 250.70 to read as follows: (2) The number of household (b) Use of donated foods for § 250.70 Situations of distress. distribution to households. Subject to members; and (a) Use of donated foods to provide FNS approval, the distributing agency (3) A statement from the head of the congregate meals. The distributing may provide donated foods from current household certifying that the household agency may provide donated foods from inventories, either at the distributing or is in need of food assistance, is not current inventories, either at the recipient agency level, to a disaster receiving D–SNAP benefits, and understands that the sale or exchange of distributing or recipient agency level, to organization, for distribution to a disaster organization, for use in households in need of food assistance donated foods is prohibited. (e) Eligibility of emergency relief providing congregate meals to persons because of a disaster. Such distribution workers for congregate meals. The in need of food assistance because of a may continue for the period that FNS disaster organization may use donated situation of distress, as this term is has determined to be necessary to meet foods to provide meals to any defined in § 250.2. If the situation of the needs of such households. However, emergency relief workers at the distress results from a natural event households receiving disaster SNAP (D– congregate feeding site who are directly (e.g., a hurricane, flood, or snowstorm), SNAP) benefits are not eligible to engaged in providing relief assistance. such donated food assistance may be receive such donated food assistance. (f) Reporting and recordkeeping provided for a period not to exceed 30 (c) Approval of disaster organization. requirements. The distributing agency days, without the need for FNS Before distribution of donated foods to must report to FNS the number and approval. However, the distributing a disaster organization, the distributing location of sites where donated foods agency must notify FNS that such agency must review and approve such are used in congregate meals or assistance is to be provided. FNS organization’s application, which must household distribution as these sites are approval must be obtained to permit be submitted to the distributing agency established. The distributing agency such donated food assistance for a either electronically or in written form. must also report the types and amounts period exceeding 30 days. If the The distributing agency must also of donated foods from distributing or situation of distress results from other submit such application to FNS for recipient agency storage facilities used than a natural event (e.g., an explosion), review and approval before permitting in disaster assistance, utilizing form FNS approval is required to permit distribution of donated foods to FNS–292A, Report of Commodity donated food assistance for use in households. Distribution for Disaster Relief, which (1) The disaster organization’s providing congregate meals for any must be submitted electronically, within application must, to the extent possible, period of time. 45 days from the termination of disaster (b) Use of donated foods for include the following information: (i) A description of the disaster assistance. This form must also be used distribution to households. The situation; to request replacement of donated foods, distributing agency must receive FNS (ii) The number of people requiring in accordance with paragraph (g) of this approval to provide donated foods from assistance; section. The distributing agency must current inventories, either at the (iii) The period of time for which maintain records of reports and other distributing or recipient agency level, to donated foods are requested; information relating to disasters. a disaster organization for distribution (iv) The quantity and types of food (g) Replacement of donated foods. In to households in need of food assistance needed; and order to ensure replacement of donated because of a situation of distress. Such (v) The number and location of sites foods used in disasters, the distributing distribution may continue for the period where donated foods are to be used, to agency must submit to FNS a request for of time that FNS determines necessary the extent that such information is such replacement, utilizing form FNS– to meet the needs of such households. known. 292A, Report of Commodity Distribution However, households receiving D– (2) In addition to the information for Disaster Relief, within 45 days SNAP benefits are not eligible to receive required above, disaster organizations following the termination of disaster such donated food assistance. applying to distribute donated foods to assistance. The distributing agency may (c) Approval of disaster organizations. households must include the following request replacement of foods used from Before distribution of donated foods to information in their application: inventories in which donated foods are a disaster organization, the distributing (i) An explanation as to why such commingled with other foods (i.e., at agency must review and approve such distribution is needed; storage facilities of recipient agencies organization’s application, which must (ii) The method(s) of distribution utilizing single inventory management), be submitted to the distributing agency available; and if the recipient agency received donated either electronically or in written form. (iii) A statement assuring that D– foods of the same type as the foods used The distributing agency must also SNAP benefits and donated food during the year preceding the onset of submit such application to FNS for assistance will not be provided the disaster assistance. FNS will replace review and approval before permitting
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 63256 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
distribution of donated foods in a distributing agency must submit to FNS PART 251—THE EMERGENCY FOOD situation of distress that is not the result a request for replacement of such foods, ASSISTANCE PROGRAM of a natural event, or for any utilizing form FNS–292A, Report of distribution of donated foods to Commodity Distribution for Disaster ■ 16. The authority citation for part 251 households. The disaster organization’s Relief, which must be submitted continues to read as follows: application must, to the extent possible, electronically, within 45 days from the Authority: 7 U.S.C. 7501–7516. include the information required in termination of assistance. The ■ § 250.69(c). distributing agency may request 17. In § 251.4: (d) Information from households. If replacement of foods used from ■ a. Remove paragraph (f)(4) and the issuance of D–SNAP benefits has inventories in which donated foods are redesignate paragraph (f)(5) as been approved, the distributing agency commingled with other foods (i.e., at paragraph (f)(4). must ensure that the disaster storage facilities of recipient agencies ■ b. Revise paragraph (g). organization obtains the information in utilizing single inventory management), ■ c. Remove paragraph (l). § 250.69(d) from households receiving if the recipient agency received donated The revision reads as follows: donated foods, and reports such foods of the same type as the foods used information to the distributing agency. during the year preceding the onset of § 251.4 Availability of commodities. (e) Eligibility of emergency relief the situation of distress. Subject to the * * * * * workers for congregate meals. The availability of funds, FNS will replace (g) Distribution and control of disaster organization may use donated such foods in the amounts used, or in donated commodities. The State agency foods to provide meals to any the amount of like donated foods must ensure that the distribution, emergency relief workers at the received during the preceding year, control, and use of donated congregate feeding site that are directly whichever is less. engaged in providing relief assistance. (h) Reimbursement of transportation commodities are in accordance with the (f) Reporting and recordkeeping costs. In order to receive reimbursement requirements in this part, and with the requirements. The distributing agency for any costs incurred in transporting requirements in 7 CFR part 250, to the must report to FNS the number and donated foods within the State, or from extent that requirements in 7 CFR part location of sites where donated foods one State to another, for use in a 250 are not inconsistent with the are used in congregate meals or situation of distress, the distributing requirements in this part. Transfers of household distribution as these sites are agency must submit a public voucher to donated commodities must comply with established. The distributing agency FNS with documentation of such costs. requirements in §§ 250.12(e) and must also report the types and amounts FNS will review the request and 250.14(d), as applicable. In accordance of donated foods from distributing or reimburse the distributing agency to the with § 250.16, the State agency must recipient agency storage facilities used extent that funds are available. ensure that restitution is made for the in the situation of distress, utilizing ■ 15. Add § 250.71 to read as follows: loss of donated commodities, or for the form FNS–292A, Report of Commodity loss or improper use of funds provided Distribution for Disaster Relief, which § 250.71 OMB control numbers. for, or obtained as an incidence of, the must be submitted electronically, within Unless as otherwise specified in the distribution of donated commodities. 45 days from the termination of table below, the information collection The State agency is also subject to assistance. This form must also be used reporting and recordkeeping claims for such losses for which it is to request replacement of donated foods, requirements in 7 CFR part 250 are responsible, or for its failure to initiate in accordance with paragraph (g) of this accounted for in OMB control number or pursue claims against other parties section. The distributing agency must 0584–0293. responsible for such losses. maintain records of reports and other * * * * * information relating to situations of CFR cite OMB control No. distress. Dated: October 8, 2014. (g) Replacement of donated foods. 250.4(a) ...... 0584–0067 Jeffrey J. Tribiano, FNS will replace donated foods used in 250.19(a) ...... 0584–0067, 0584– Acting Administrator, Food and Nutrition a situation of distress only to the extent 0293 Service. 250.69(f)–(g) & 0584–0067, 0584– [FR Doc. 2014–24613 Filed 10–21–14; 8:45 am] that funds to provide for such 250.70(f)–(g). 0293 replacement are available. The BILLING CODE 3410–30–P
VerDate Sep<11>2014 19:25 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00034 Fmt 4701 Sfmt 9990 E:\FR\FM\22OCP2.SGM 22OCP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Vol. 79 Wednesday, No. 204 October 22, 2014
Part III
Environmental Protection Agency
40 CFR Parts 403 and 441 Effluent Limitations Guidelines and Standards for the Dental Category; Proposed Rule
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63258 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
ENVIRONMENTAL PROTECTION estimates the annual cost of the provide it in the body of your comment. AGENCY proposed rule would be $44 to $49 If you send an email comment directly million. to EPA without going through http:// 40 CFR Parts 403 and 441 DATES: Comments on this proposed rule www.regulations.gov your email address will be automatically captured and [EPA–HQ–OW–2014–0693; FRL–9911–63– must be received on or before December OW] 22, 2014. Under the Paperwork included as part of the comment that is Reduction Act (PRA), comments on the placed in the public docket and made RIN 2040–AF26 information collection provisions must available on the Internet. If you submit be received by the Office of an electronic comment, EPA Effluent Limitations Guidelines and recommends that you include your Standards for the Dental Category Management and Budget (OMB) on or before November 21, 2014. EPA will name and other contact information in the body of your comment and with any AGENCY: Environmental Protection conduct a public hearing on November disk or CD–ROM you submit. If EPA Agency (EPA). 10, 2014 at 1 p.m. in the William J. cannot read your comment due to Clinton Building—East Room 1153, ACTION: Proposed rule. technical difficulties and cannot contact 1201 Constitution Avenue NW., you for clarification, EPA may not be SUMMARY: EPA is proposing technology- Washington, DC. based pretreatment standards under the able to consider your comment. ADDRESSES: Submit your comments, Electronic files should avoid the use of Clean Water Act (CWA) for discharges identified by docket identification (ID) of pollutants into publicly owned special characters, any form of number EPA–HQ–OW–2014–0693 by encryption, and be free of any defects or treatment works (POTWs) from existing one of the following methods: and new dental practices that discharge • viruses. http://www.regulations.gov: Follow Docket: All documents in the docket dental amalgam. Dental amalgam the on-line instructions for submitting are listed in the http:// contains mercury in a highly comments. www.regulations.gov index. A detailed concentrated form that is relatively easy • Email: [email protected], record index, organized by subject, is to collect and recycle. Dental offices are Attention Docket ID number EPA–HQ– available on EPA’s Web site at http:// the main source of mercury discharges OW–2014–0693. water.epa.gov/scitech/wastetech/guide/ to POTWs. Mercury is a persistent and • Mail: Water Docket, Environmental dental/index.cfm. Although listed in the bioaccumulative pollutant in the Protection Agency, Mail code: 4203M, index, some information is not publicly environment with well-documented 1200 Pennsylvania Ave. NW., available, e.g., CBI or other information neurotoxic effects on humans. Mercury Washington, DC 20460. Attention whose disclosure is restricted by statute. pollution is widespread and comes from Docket ID number EPA–HQ–OW–2014– Certain other material, such as many diverse sources such as air 0693. Please include a total of three copyrighted material, will be publicly deposition from municipal and copies. In addition, please mail a copy available only in hard copy. Publicly industrial incinerators and combustion of your comments on the information available docket materials are available of fossil fuels. Mercury easily becomes collection provisions to the Office of either electronically in http:// diffuse in the environment and mercury Information and Regulatory Affairs, www.regulations.gov or in hard copy at pollution is a global problem. Removing OMB, Attn: Desk Officer for EPA, 725 the Water Docket in the EPA Docket mercury from the waste stream when it 17th St. NW., Washington, DC 20503. Center, EPA/DC, EPA West William • is in a concentrated and easy to handle Hand Delivery: Water Docket, EPA Jefferson Clinton Bldg., Room 3334, form like in waste dental amalgam is an Docket Center, EPA West Building 1301 Constitution Ave. NW., important and commonsense step to Room 3334, 1301 Constitution Ave. Washington, DC. The Public Reading take to prevent that mercury from being NW., Washington, DC, Attention Docket Room is open from 8:30 a.m. to 4:30 released back into the environment ID Number EPA–HQ–OW–2014–0693. p.m., Monday through Friday, excluding where it can become diffuse and a Such deliveries are only accepted legal holidays. The telephone number hazard to humans. during the Docket’s normal hours of for the Public Reading Room is 202– The proposal would require dental operation, and special arrangements 566–1744, and the telephone number for practices to comply with requirements should be made for deliveries of boxed the Water Docket is 202–566–2426. for controlling the discharge of mercury information by calling 202–566–2426. Pretreatment Hearing Information: and other metals in dental amalgam into Instructions: Direct your comments to EPA will conduct a public hearing on POTWs based on the best available docket ID number EPA–HQ–OW–2014– the proposed pretreatment standards on technology or best available 0693. EPA’s policy is that all comments November 10, 2014 at 1:00 p.m. in the demonstrated control technology. received will be included in the public William Jefferson Clinton Building EPA Specifically, the requirements would be docket without change and may be East Building—East Room 1153, 1201 based on the use of amalgam separators made available online at http:// Constitution Avenue NW., Washington, and best management practices (BMPs). www.regulations.gov, including any DC. No registration is required for this Amalgam separators are a practical, personal information provided, unless public hearing. During the pretreatment affordable and readily available the comment includes information hearing, the public will have an technology for capturing mercury and claimed to be Confidential Business opportunity to provide oral comment to other metals before they are discharged Information (CBI) or other information EPA on the proposed pretreatment into sewers and POTWs. EPA is also whose disclosure is restricted by statute. standards. EPA will not address any proposing to amend selected parts of the Do not submit information that you issues raised during the hearing at that General Pretreatment Regulations to consider to be CBI or otherwise time but these comments will be streamline oversight requirements for protected through www.regulations.gov included in the public record for the the dental sector. EPA expects or email. The http:// rule. For security reasons, we request compliance with this proposed rule www.regulations.gov Web site is an that you bring photo identification with would reduce the discharge of metals to ‘‘anonymous access’’ system, which you to the meeting. Also, if you let us POTWs by at least 8.8 tons per year, means EPA will not know your identity know in advance of your plans to about half of which is mercury. EPA or contact information unless you attend, it will expedite the process of
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63259
signing in. Seating will be provided on Washington, DC 20460–0001; telephone: XIII. Subcategorization a first-come, first-served basis. Please 202–566–2504; email: XIV. Proposed Regulation note that parking is very limited in [email protected]. XV. Technology Costs XVI. Economic Impact Analysis downtown Washington, and use of SUPPLEMENTARY INFORMATION: public transit is recommended. The EPA XVII. Pollutant Reductions to POTWs and Headquarters complex is located near Table of Contents Surface Waters XVIII. Cost Effectiveness the Federal Triangle Metro station. I. Regulated Entities XIX. Environmental Assessment Upon exiting the Metro station, walk II. How To Submit Comments XX. Non-Water Quality Environmental east to 12th Street. On 12th Street, walk III. Supporting Documentation Impacts Associated With the Proposed south to Constitution Avenue. At the IV. Overview Technology Basis corner, turn right onto Constitution V. Legal Authority XXI. Implementation and Proposed Changes Avenue and proceed to the EPA East VI. Purpose and Summary of Proposed Rule to General Pretreatment Regulations in Building entrance. VII. Solicitation of Data and Comments 40 CFR Part 403 VIII. Background FOR FURTHER INFORMATION CONTACT: XXII. Statutory and Executive Order Reviews IX. Description of the Dental Industry Damon Highsmith, Engineering and X. Summary of Data Collection I. Regulated Entities Analysis Division (4303T), Office of XI. Wastewater Characteristics, Dental Office Water, Environmental Protection Configurations, and Technology Options Entities potentially regulated by this Agency, 1200 Pennsylvania Ave. NW., XII. Scope/Applicability action include:
North American Industry Category Example of regulated entity Classification Sys- tem (NAICS) code
Industry ...... A general dentistry practice or large dental facility where mercury amalgam is 621210 placed or removed. States ...... Where they are the Control Authority 1 ...... 221320 Municipalities ...... POTWs and other municipally owned facilities that receive pollutants from dental 221320 offices.
This section is not intended to be Depository Libraries. No CBI should be technical and economic methodologies exhaustive, but rather provides a guide sent by email. used by the Agency to develop these for readers regarding entities likely to be proposed regulations. This preamble III. Supporting Documentation regulated by this proposed action. Other also solicits comment and data on types of entities that do not meet the The proposed rule is supported by a specific areas of interest. above criteria could also be regulated. number of documents including: V. Legal Authority To determine whether your facility • Technical and Economic would be regulated by this proposed Development Document for Proposed EPA is proposing this regulation action, you should carefully examine Effluent Limitations Guidelines and under the authorities of sections 101, the applicability criteria listed in Standards for the Dental Category 301, 304, 306, 307, 308, and 501 of the § 441.10 and the definitions in § 441.20 (TEDD), Document No. EPA–821–R–14– CWA, 33 U.S.C. 1251, 1311, 1314, 1316, of this proposed rule and detailed 006. 1317, 1318, 1342 and 1361 and pursuant further in Section XII of this preamble. The TEDD summarizes the technical to the Pollution Prevention Act of 1990, If you still have questions regarding the and economic analysis described in this 42 U.S.C. 13101 et seq. document. The TEDD and additional proposed applicability of this action to VI. Purpose and Summary of Proposed records are available in the public a particular entity, consult the person Rule listed under FOR FURTHER INFORMATION record for this proposed rule and on CONTACT. EPA’s Web site at http://water.epa.gov/ Across the United States, many states scitech/wastetech/guide/dental/ and POTWs (also referred to as II. How To Submit Comments index.cfm. They are available in hard municipal wastewater treatment plants) The public may submit comments in copy from the National Service Center are working toward the goal of reducing written or electronic form. (see for Environmental Publications discharges of mercury to POTWs. ADDRESSES). Electronic comments must (NSCEP), U.S. EPA/NSCEP, P.O. Box Mercury is a persistent and be identified by the docket ID number 42419, Cincinnati, Ohio 45242–2419, bioaccumulative pollutant with well- EPA–HQ–OW–2014–0693 and must be telephone 800–490–9198, http:// documented effects on human health. submitted as a WordPerfect, MS Word epa.gov/ncepihom. On November 6, 2013, the United States or ASCII text file, avoiding the use of joined the Minamata Convention on special characters and any form of IV. Overview Mercury, a new multilateral encryption. EPA requests that any The preamble describes the terms, environmental agreement not yet in graphics included in electronic acronyms, and abbreviations used in force that addresses specific human comments also be provided in hard- this document; the background activities that are contributing to copy form. EPA also will accept documents that support these proposed widespread mercury pollution. The comments and data on disks in the regulations; the legal authority for the agreement identifies dental amalgam as aforementioned file formats. Electronic proposed rules; a summary of the a mercury-added product for which comments received on this document options considered for the proposal; certain measures should be taken. may be filed online at many Federal background information; and the Specifically, the Convention lists nine
1 See Section XXI for a definition of Control Authority.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63260 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
measures for phasing down the use of office: $700 2), is a common sense a separator (including cases where the mercury in dental amalgam, including solution to managing mercury where it separator was installed as a result of a promoting the use of best environmental is most concentrated within the waste program required by a state or other practices in dental facilities to reduce stream that would otherwise be released locality and where the separator has a releases of mercury and mercury to air, land, and water. certified removal efficiency that is lower compounds to water and land. Nations Additionally, EPA is proposing to than 99.0%). that are parties to the Convention are amend selected parts of the General 5. Information on the frequency of required to implement at least two of Pretreatment Regulations (40 CFR part emergency removals at dental offices the nine measures to address dental 403) in order to streamline permitting that do not routinely place or remove amalgam. and oversight requirements specific to amalgam. 6. EPA seeks comment on its Many studies have been conducted in the dental sector. The number of dental approach for addressing offices where an attempt to identify the sources of offices that would likely be subject to no dental amalgam is placed or removed mercury entering POTWs. According to national pretreatment standards is except in limited emergency the 2002 Mercury Source Control and approximately ten times the current circumstances, and its approach for Pollution Prevention Program Final number of Categorical Industrial Users offices that have already installed an Report (DCN DA00006) prepared by the (CIUs). The proposed changes to 40 CFR part 403 reflect EPA’s recognition that amalgam separator. National Association of Clean Water 7. EPA proposes an inspection Agencies (NACWA), dentists are the the current regulatory framework needs to be adjusted for the effective frequency of at least once per month to main source of mercury discharges to ensure proper operation and POTWs. A study funded by the implementation and enforcement of these pretreatment requirements maintenance of the amalgam separator. American Dental Association (ADA) EPA solicits comment on this frequency published in 2005 estimated that 50% of affecting the dental industry. When categorical pretreatment requirements as well as others, and justifications for mercury entering POTWs was alternative approaches. contributed by dental offices (DCN apply to an industry, it creates certain oversight requirements. While other 8. Data on the number of dentists in DA00163). Mercury is discharged in the practices potentially subject to this rule form of dental amalgam when dentists industries subject to categorical pretreatment requirements typically that do not place or remove dental remove old amalgam fillings from amalgam and on the number of dentists cavities, and from excess amalgam consist of tens to hundreds of facilities, the dental industry consists of in practices excluded from the proposed removed when a dentist places a new rule such as oral pathology, oral and filling. approximately 100,000 facilities, making oversight of this large number of maxillofacial radiology, oral and EPA estimates that across the United facilities subject to categorical maxillofacial surgery, orthodontics, States 4.4 tons of mercury from waste pretreatment standards much more periodontics, and prosthodontics. EPA dental amalgam are collectively challenging. also solicits comment on its estimate of discharged into POTWs annually. the number of dentists in dental Mercury at POTWs frequently partitions VII. Solicitation of Data and Comments specialties that are not subject to this to the sludge, the solid material that EPA solicits comments on the proposed rule. remains after wastewater is treated. proposed rule, including EPA’s 9. Other technologies not discussed in Mercury from amalgam can then make rationale as described in this preamble. this proposed rule that have its way into the environment through EPA seeks comments on issues demonstrated an ability to reduce the incineration, landfilling, or land specifically identified in this document discharges of mercury from dental application of sludge or through surface as well as any other issues that are not offices and their associated costs. water discharge. Once deposited, certain specifically addressed in this document. 10. Data regarding EPA’s analysis of microorganisms can change mercury Comments are most helpful when clinics and very large facilities. into methylmercury, a highly toxic form accompanied by specific examples and 11. EPA’s proposed revisions to 40 of mercury that accumulates in fish, supporting data. Specifically, EPA CFR part 403, including revisions to shellfish, and animals that eat fish. Fish solicits information and data on the create the DIU category, and the means and shellfish are the main sources of following topics. of evaluating ongoing compliance for methylmercury exposure to humans. 1. Data demonstrating the the purposes of maintaining the DIU effectiveness of polishing, or the use of designation. Today’s proposed pretreatment 12. Information about mobile facilities standards would control mercury sorbent columns after solids separation, in reducing mercury discharges from used to treat patients. EPA seeks discharges to POTWs by requiring information on the number, size, dentists to reduce their discharge of dental offices. 2. Data on costs, performance, operation and financial characteristics dental amalgam to a level achievable of mobile facilities that offer dental through the use of the best available affordability and availability of polishing in combination with amalgam treatment. technology (a combination of amalgam 13. EPA’s estimate of the number of separators. separators and the use of BMPs. In order large institutional practices, including to simplify compliance with, and 3. Ways for dental offices to demonstrate compliance with this large facilities operated by the Federal enforcement of, the numeric reduction Government, and the characteristics requirements, the proposed rule would proposed rule, and how much reporting should be required. (chair size, number of practitioners, allow dentists to demonstrate currently employed mercury reduction compliance through the proper use of 4. Information on EPA’s approach for addressing offices where no dental approaches, incremental cost of amalgam separators rather than through proposed requirements) of these discharge monitoring. Removing amalgam is applied or removed, and its approach for offices that already employ facilities. concentrated sources of mercury waste 14. Additional information on opportunistically, such as through low- equipment needs and costs for starting 2 This estimate is based on the average annualized cost amalgam separators at dental cost for dentists that do not currently have an a dental practice including information offices (average annual cost per dental amalgam separator. See DCN DA00145. on the life of the dental equipment.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63261
15. Additional information on low indirect dischargers that may pass plans and processes, and other revenue dental offices and if they could through, interfere with or are otherwise improvements in technology, taking into represent baseline closures (see incompatible with POTW operations. account the cost of controls. Congress discussion in Section XVI). Generally, pretreatment standards are also directed that EPA not consider 16. Additional information on the designed to ensure that wastewaters water quality impacts on individual location and characteristics of low from direct and indirect industrial water bodies as the guidelines are revenue dental offices ((1) single-dentist dischargers are subject to similar levels developed. See Statement of Senator and/or part-time businesses that provide of treatment. In addition, POTWs are Muskie (Oct. 4, 1972), reprinted in services as a subcontractor on an required to implement local treatment Legislative History of the Water independent fee-for-service basis (2) limits applicable to their industrial Pollution Control Act Amendments of non-profit groups, or (3) non-viable as indirect dischargers to satisfy any local 1972, at 170. (U.S. Senate, Committee for-profit businesses). requirements. (see 40 CFR 403.5). on Public Works, Serial No. 93–1, 17. Information on requiring an Direct dischargers must comply with January 1973.) efficiency that exceeds the ISO effluent limitations in NPDES permits. There are standards applicable to standard. Indirect dischargers, who discharge direct dischargers (dischargers to 18. The proposal would greatly through POTWs, must comply with surface waters), and standards reduce potential requirements that pretreatment standards. Technology- applicable to indirect dischargers would otherwise apply to control based effluent limitations in NPDES (discharges to publicly owned treatment authorities with respect to dental permits are derived from effluent works or POTWs). The standards dischargers. EPA solicits comments on limitations guidelines (CWA sections relevant to this rulemaking are its estimate of burden and costs 301 and 304) and new source summarized here. performance standards (CWA section associated with these reduced 1. Best Available Technology 306) promulgated by EPA, or based on requirements. In particular, EPA solicits Economically Achievable (BAT) data from control authorities located in best professional judgment where EPA municipalities or states where similar has not promulgated an applicable BAT effluent limitations guidelines mandatory dental amalgam reduction effluent guideline or new source apply to direct dischargers of toxic and programs exist. performance standard. Additional nonconventional pollutants. In general, limitations based on water quality BAT effluent limitations guidelines VIII. Background standards (CWA sections 301(b)(1)(C) represent the best economically A. Clean Water Act and 303) may also be included in the achievable performance of facilities in permit in certain circumstances. The the industrial subcategory or category. Congress passed the Federal Water ELGs are established by regulation for The factors considered in assessing BAT Pollution Control Act Amendments of categories of industrial dischargers and include the cost of achieving BAT 1972, also known as the Clean Water are based on the degree of control that effluent reductions, the age of Act, to ‘‘restore and maintain the can be achieved using various levels of equipment and facilities involved, the chemical, physical, and biological pollution control technology. process employed, potential process integrity of the Nation’s waters.’’ (33 EPA promulgates national effluent changes, and non-water quality U.S.C. 1251(a)). The CWA establishes a limitations guidelines and standards of environmental impacts including energy comprehensive program for protecting performance for major industrial requirements, and such other factors as our nation’s waters. Among its core categories for three classes of pollutants: the Administrator deems appropriate. provisions, the CWA prohibits the (1) Conventional pollutants (total The Agency has considerable discretion discharge of pollutants from a point suspended solids, oil and grease, in assigning the weight to be accorded source to waters of the U.S. except as biochemical oxygen demand, fecal these factors. An additional statutory authorized under the CWA. Under coliform, and pH); (2) toxic pollutants factor considered in setting BAT is section 402 of the CWA, EPA authorizes (e.g., toxic metals such as chromium, economic achievability. Generally, EPA discharges by a National Pollutant lead, mercury, nickel, and zinc; toxic determines economic achievability on Discharge Elimination System (NPDES) organic pollutants such as benzene, the basis of total costs to the industry permit. The CWA also authorizes EPA benzo-a-pyrene, phenol, and and the effect of compliance with BAT to establish national technology-based naphthalene) as specified in CWA limitations on overall industry and effluent limitations guidelines and section 307 and; (3) non-conventional subcategory financial conditions. Where standards (effluent guidelines or ELGs) pollutants, those pollutants that are existing performance is uniformly for discharges from different categories neither conventional nor toxic (e.g., inadequate, BAT may reflect a higher of point sources, such as industrial, ammonia-N, formaldehyde, and level of performance than is currently commercial, and public sources. phosphorus). being achieved based on technology Congress recognized that regulating transferred from a different subcategory B. Effluent Guidelines and Standards only those sources that discharge or category. BAT may be based upon Program effluent directly into the nation’s waters process changes or internal controls, would not be sufficient to achieve the Effluent limitations guidelines and even when these technologies are not CWA’s goals. Consequently, the CWA standards are technology-based common industry practice. requires EPA to promulgate nationally- regulations that are developed by EPA applicable pretreatment guidelines and for a category of dischargers. These 2. New Source Performance Standards standards that restrict pollutant regulations are based on the (NSPS) discharges from facilities that discharge performance of control and treatment NSPS reflect effluent reductions that wastewater indirectly through sewers technologies. The legislative history of are achievable based on the best flowing to POTWs. (see CWA sections CWA section 304(b), describes the need available demonstrated control 304(g), 307(b) and (c), 33 U.S.C. 1314(g), to achieve progressively higher levels of technology. Owners of new facilities and 1317(b) and (c)). National control through research and have the opportunity to install the best pretreatment standards are established development of new processes, and most efficient production processes for those pollutants in wastewater from modifications, replacement of obsolete and wastewater treatment technologies.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63262 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
As a result, NSPS should represent the order to control and prevent the discharges causing ‘‘pass through’’ or most stringent controls attainable discharge into navigable waters either ‘‘interference’’ (i.e., cause the POTW to through the application of the best directly or through POTWs any violate its permits limits, or interfere available demonstrated control pollutant which interferes with, passes with the operation of the POTW or the technology for all pollutants (that is, through, or otherwise is incompatible beneficial use of its sewage sludge). All conventional, nonconventional, and with such treatment works. (see also POTWs with approved Pretreatment priority pollutants). In establishing Citizens Coal Council v. U.S. EPA, 447 Programs must develop local limits to NSPS, EPA is directed to take into F3d 879, 895–96 (6th Cir. 2006) implement the general pretreatment consideration the cost of achieving the (upholding EPA’s use of non-numeric standards. All other POTWs must effluent limitations and standards); effluent reduction and any non-water develop such local limits where they quality environmental impacts and Waterkeeper Alliance, Inc. v. U.S. EPA, have experienced ‘‘pass through’’ or energy requirements. 399 F.3d 486, 496–97, 502 (2d Cir. 2005) (EPA use of non-numerical effluent ‘‘interference’’ and such a violation is 3. Pretreatment Standards for Existing limitations in the form of BMPs are likely to recur. There are approximately Sources (PSES) effluent limitations under the CWA); 1,500 POTWs with approved Pretreatment standards apply to and Natural Res. Def. Council, Inc. v. Pretreatment Programs and 13,500 small discharges of pollutants to POTWs EPA, 673 F.2d 400, 403 (D.C. Cir. 1982) POTWs that are not required to develop rather than discharges to waters of the (‘‘section 502(11) [of the CWA] defines and implement Pretreatment Programs. United States. Pretreatment Standards ‘effluent limitation’ as ‘any restriction’ D. State and Local Requirements for Existing Sources are designed to on the amounts of pollutants prevent the discharge of pollutants that discharged, not just a numerical Currently, 12 states (Connecticut, pass through, interfere with, or are restriction.’’) Louisiana, Maine, Massachusetts, otherwise incompatible with the Michigan, New Hampshire, New Jersey, operation of POTWs, including sludge C. The National Pretreatment Program, 40 CFR Part 403 New York, Oregon, Rhode Island, disposal methods of POTWs. Categorical Vermont, and Washington) have pretreatment standards for existing The General Pretreatment Regulations implemented mandatory programs to sources are technology-based and are of 40 CFR part 403 establish reduce dental mercury discharges.3 analogous to BAT effluent limitations responsibilities among federal, state, Additionally, at least 19 localities guidelines. local government, industry, and the The General Pretreatment public to implement pretreatment similarly have mandatory dental Regulations, which set forth the standards to control pollutants that pass reduction pretreatment programs. These framework for the implementation of through or interfere with the POTW mandatory programs require the use of categorical pretreatment standards, are treatment processes or that can amalgam separators and BMPs. Removal found at 40 CFR part 403. contaminate sewage sludge. The efficiency requirements for separators in regulations, which have been revised mandatory program jurisdictions vary 4. Pretreatment Standards for New numerous times since originally from 95% to 99%. A full list of Sources (PSNS) published in 1978, consist of 20 sections jurisdictions with mandatory separator Like PSES, PSNS are designed to and seven appendices. The General requirements can be found in the TEDD prevent the discharges of pollutants that Pretreatment Regulations use two terms for this proposed rulemaking. pass through, interfere with, or are describing oversight responsibilities Later in this document, EPA estimates otherwise incompatible with the under those regulations. One is the term costs and economic impacts for this operation of POTWs. New indirect Control Authority. The ‘‘Control discharges have the opportunity to Authority’’ refers to the POTW if the proposed rule. In order to do so, EPA incorporate into their facilities the best POTW has an approved Pretreatment needed to estimate baseline compliance, available demonstrated technologies. Program, or the Approval Authority if or those dental offices that already have The Agency typically considers the the program has not been approved. The amalgam separators installed, and, same factors in promulgating PSNS as it term Approval Authority describes the therefore, would incur lower costs and considers in promulgating NSPS. party with responsibility to administer impacts from the proposed rule. In order the National Pretreatment Program, to estimate baseline compliance, EPA 5. BMPs which is either a state with an approved distributed the number of dental offices Section 304(e) of the CWA authorizes state Pretreatment Program or, in a state shown in Table IX–1 of Section IX by the Administrator to publish without an approved Pretreatment state,4 based on the 2007 Economic regulations, in addition to effluent Program, the EPA region for that state Census. Because EPA has no data to limitations guidelines and standards for (40 CFR 403.3(f)). An approved indicate otherwise, EPA assumes 100% certain toxic or hazardous pollutants, Pretreatment Program is comprised of compliance in the 12 states that require ‘‘to control plant site runoff, spillage or legal authorities, procedures, funding, amalgam separators. For states without leaks, sludge or waste disposal, and local limits, enforcement response plan, mandatory programs, EPA assumed that drainage from raw material storage and the list of significant industrial 20% of dentists have voluntarily which the Administrator determines are users (SIUs), together which the Control installed amalgam separators. As a associated with or ancillary to the Authority uses to implement the result, EPA estimates approximately industrial manufacturing or treatment General Pretreatment Regulations. The 40% of dental offices, nationally, have process . . . and may contribute General Pretreatment Regulations apply amalgam separators installed (DCN significant amounts of such pollutants to all nondomestic sources that DA00146). EPA, however, welcomes to navigable waters.’’ In addition, introduce pollutants into a POTW. data and comment on this assumption. section 304(g), read in concert with These sources of indirect discharges are section 501(a), authorizes EPA to more commonly referred to as Industrial 3 New Mexico has a similar program that is prescribe as wide a range of Users (IUs). All IUs are subject to scheduled to go into effect in 2015. pretreatment requirements as the general pretreatment standards (40 CFR 4 Puerto Rico, the Virgin Islands, Pacific Islands Administrator deems appropriate in part 403), including a prohibition on and Tribal Nations are not included in this analysis.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63263
E. 2008 Memorandum of Understanding preventing amalgam from entering the The industry includes mostly small on Reducing Mercury Discharges wastewater stream. In 2007, ADA added businesses with an estimated 99.8% of In December 2008, EPA signed a the use of amalgam separators to their all offices falling below the Small Memorandum of Understanding (MOU) BMPs. See DCN DA00165. Business Administration (SBA) size with the ADA and the NACWA to In late 2010, ADA’s Board of Directors standard ($7 million in annual revenue). establish and monitor the effectiveness adopted nine principles upon which Average revenues for offices were of a Voluntary Dental Amalgam ADA supported National Pretreatment estimated at $739,280 per year with an Discharge Reduction Program. The Standards for dental facilities. See DCN average of 6.50 employees per purpose of the MOU is to encourage DA00137. establishment. dental offices to voluntarily install and IX. Description of the Dental Industry According to ADA data, properly maintain amalgam separators, approximately 80% of the dental and recycle the collected amalgam The industry category that would be industry engages in general dentistry. waste. Although EPA has not conducted affected by this proposed rule is Offices a formal evaluation of the effectiveness of Dentists (NAICS 621210), which Approximately 20% are specialty of the MOU, EPA is proposing National comprises establishments of health dentists such as periodontics, Pretreatment Standards to accomplish practitioners primarily engaged in the orthodontics, radiology, maxillofacial the goals of the MOU in a more independent practice of general or surgery, endodontists, or prosthodontics predictable timeframe than a voluntary specialized dentistry, or dental surgery. (DCN DA00123). approach. These practitioners operate individual One way to categorize dental offices is or group practices in their own offices based on the number of chairs in each F. ADA BMPs and Support for a or in the offices of others, such as National Rulemaking facility. The 2007 Economic Census hospitals or health maintenance does not provide information on the ADA encourages dentists to handle organization medical centers. They can distribution of dental offices by the mercury and mercury amalgam in a provide either comprehensive number of chairs in each office. manner that is consistent with ADA’s preventive, cosmetic, or emergency care, ‘‘Best Management Practices for or specialize in a single field of However, two studies, the ADA Amalgam Waste.’’ ADA’s BMPs are dentistry. National Study and a Colorado Study, designed to reduce the amount of According to the 2007 Economic demonstrate distribution of dentist mercury entering the environment. Census, there were 127,057 U.S. dental offices by number of chairs (DCN Practices encouraged by these BMPs offices owned or operated by 121,048 DA00141 and DCN DA00149). EPA used include reducing the volume of bulk dental firms.5 Only 2% of all dental these two sources of data to correlate the elemental mercury in dentists’ offices, firms were multi-unit with the vast number of chairs per office to the encouraging dentists to recycle amalgam majority being single-unit. The growth revenue range of dental offices. EPA to the greatest extent possible, of the number of dental offices has averaged the correlation of these two preventing mercury from being disposed remained steady over the past decade studies. The results are reported in table of in medical waste bags, and with an average increase of 1% per year. IX–1:
TABLE IX–1—NUMBER OF DENTAL OFFICES BY NUMBER OF CHAIRS
Number of offices by chair size Number of chairs Colorado ADA survey survey Average
1–2 chairs ...... 13,694 10,700 12,197 3 chairs ...... 47,698 27,821 25,835 4 chairs ...... 32,102 27,976 5 chairs ...... 29,388 15,694 15,194 6 chairs ...... 9,399 12,047 7+ chairs ...... 19,079 14,143 16,611
Total ...... 109,859 109,859 109,859
Dentistry may also be performed at to today’s proposed rule, EPA does not required to report releases to TRI. EPA larger institutional dental service have information to estimate the identified only five dental offices that facilities (e.g., clinics or dental schools). number of such facilities. have National Pollutant Discharge These facilities are not included in the EPA currently lacks a central database Elimination System (NPDES) permit 2007 Economic Census data. EPA on reported discharges from dental information. All dental offices were estimates 130 dental institutional offices/clinics. Often, EPA looks to classified as minor dischargers. EPA has facilities exist nationwide. EPA information in the Toxic Release not found any DMR data indicating that recognizes that large facilities also may Inventory (TRI) and Discharge any significant number of dental offices exist at installations operated by the Monitoring Report (DMR) databases to discharge directly to waters of the U.S. Federal Government, specifically the gather information on industrial Therefore, EPA is not proposing effluent Department of Defense. While EPA discharges. However, no dental offices/ limits for direct dischargers.6 intends such facilities would be subject clinics (NAICS Code 621210) are
5 A firm is a business organization, such as a sole 6 EPA recognizes that some dental facilities may proprietorship, partnership, or corporation. discharge to a septic system. This proposed rule does not apply to such discharges.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63264 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
X. Summary of Data Collection industry, and operating characteristics amalgam. The other half of dental In developing this proposed rule, EPA of the industry. See DCN DA00137. amalgam is usually composed of 35% silver, 9% tin, 6% copper, 1% zinc and primarily used data previously collected E. NACWA for its Health Services Detailed Study small amounts of indium and palladium EPA met with NACWA in 2010 and including information submitted in (DCN DA00131). Sources of mercury 2011 to discuss the impact of public comments on the study. EPA also discharges generally occur in the course pretreatment standards on POTWs. collected information and data through of two categories of activities. The first NACWA provided EPA information on outreach to a number of stakeholders. category of discharges may occur in the its members’ experiences with handling The following describes EPA’s outreach course of treating a patient, such as mercury pollution from dental facilities, and additional data sources for this during the placement or removal of a implementing pretreatment programs proposed rule. filling. When filling a cavity, dentists for dental facilities, and its experiences overfill the tooth cavity so that the A. Health Services Industry Detailed implementing pretreatment standards filling can be carved to the proper Study on Dental Amalgam for industries with similar shape. The excess amalgam is typically In 2008, EPA published its Health characteristics to the dental sector. rinsed into a chair-side drain, or Services Industry Detailed Study on NACWA also provided EPA with suctioned out of the patient’s mouth. In Dental Amalgam. In the study, EPA information on the burden to permitting addition to filling new cavities, dentists compiled information on mercury authorities that would be associated also remove old cavity restorations that discharges from dental offices, BMPs, with implementing a dental amalgam are worn or damaged. Removed and amalgam separators. For amalgam pretreatment standard under the restorations also may be rinsed into the separators, EPA examined the frequency existing requirements in 40 CFR part chair-side drain or suctioned out of the with which they were used; their 403. See DCN DA00144. patient’s mouth. The second category of effectiveness in reducing discharges to F. Amalgam Separator Manufacturers mercury discharges occur in the course POTWs; and the capital and annual of activities not directly involved with EPA met with, or participated in calls costs associated with their installation the placement or removal of dental with, representatives of multiple and operation. EPA also conducted a amalgam. Preparation of dental amalgam separator manufacturers. The POTW pass-through analysis on amalgam, disposing of excess amalgam, purpose of the meetings was to mercury for the industry. This proposed and flushing vacuum lines with understand how amalgam separators rule relies heavily on data collected for corrosive chemicals present work, limitations of the technology, the study (including information opportunities for mercury from dental manufacturers’ distribution methods, submitted in public comments on the amalgam to be discharged. installation requirements, capital and study). operation and maintenance costs, B. Dental Office Configurations B. Environmental Council of the States operation and maintenance The typical plumbing configuration in (ECOS) requirements, effectiveness, equipment a dental office consists of a chair-side EPA participated in several meetings lifetime, amalgam disposal or recycling trap for each chair, and a central with the Quicksilver Caucus (QSC) of practices, manufacturing capacity, and vacuum pump with a vacuum pump ECOS. From QSC, EPA collected installation trends. filter. Chair-side traps and vacuum information on implementing G. Air Force Study pump filters remove approximately 78% mandatory amalgam separator programs of dental amalgam particles from the In anticipation of this proposed rule, at the state level, mandatory program wastewater stream (DCN DA00163). the United States Air Force’s Dental language, and information on Offices with multiple chairs typically Evaluation and Consultation Service compliance reporting and monitoring. share the vacuum lines between chairs. compiled a synopsis of commonly used QSC also provided EPA with Accordingly, this limits the locations for amalgam separator systems. The installation of control and treatment information on efficiency standards for synopsis describes whether or not the amalgam separators. See DCN DA00158. technologies. Controls may be installed: separator is International Organization At or near each individual chair; within C. Environmental Organizations for Standardization (ISO) 11143 the vacuum system piping; at a central EPA met with a coalition of certified, the installation requirements, location upstream of the vacuum pump; environmental organizations, led by the the design capacity, maintenance or at the exit of the air/water separator Environmental Law and Policy Center requirements for each model, the portion of the vacuum system. Physical and the Natural Resources Defense availability of recycling services by the office and building configurations may Council. Meetings between EPA and the manufacturer, size, price, and warranty pose additional considerations, such as coalition of environmental organizations details. EPA incorporated these data space limitations, electrical power into the technology cost analysis. The focused on identifying impacts of accessibility, and existing sewer synopsis can be found in the TEDD for discharges of dental amalgam to the connections. In the case of very large this proposed rule. environment. In Spring 2011, the offices, clinics, and medical buildings, it coalition submitted a letter listing its XI. Wastewater Characteristics, Dental may be possible to combine waste flows suggested BMPs for this proposed rule. Office Configurations, and Technology between offices to share or reduce costs. See DCN DA00136. Options C. Control and Treatment Technologies D. ADA A. Wastewater Sources and Wastewater and Best Management Practices EPA met with the ADA in 2010 and Characteristics As described previously, one source 2011. ADA submitted data to EPA on its Dental amalgam consists of of the discharge of mercury from dental principles for addressing mercury approximately 49% mercury by weight. amalgam occurs when dental amalgam discharges from dentists, the Mercury is the only metal that is in its enters the chair-side drain, or is proportions of specialties in the liquid phase at room temperature, and suctioned from the patient’s mouth. The industry, the geographic distribution of it bonds well with powdered alloy. This wastewater then travels through the dentists, financial characteristics of the contributes to its durability in dental dental facility’s vacuum system. EPA
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63265
identified two major technologies that requires special cleaning or additives to separators as described above that meet intercept dental amalgam at this point, maintain efficiency. the ISO standard and that are currently before it is discharged from the dental The typical amalgam separator will on the market, certified separators office and flows to the POTW: operate in one of two ways. A two- obtain a median of 99.0% total mercury Separators and ion exchange. EPA also chambered separator is a design removal efficiency (see Section 7 of the identified several BMPs which, when consisting of a base permanently TEDD). When existing chair side traps employed along with the use of the plumbed into the vacuum line, and a and vacuum pump filters are used technologies discussed below, further replaceable filtration cartridge. The upstream of the amalgam separators, the reduce the discharge of dental amalgam removable cartridge usually attaches to combined treatment system can achieve from activities not directly related to the the bottom of the permanent base. As total mercury removal rates exceeding placement or removal of dental wastewater enters the separator from the 99% (DCN DA00008). amalgam. top of the unit, gravity separates the EPA is proposing to include certain wastewater from the air pulling it operation, maintenance, and inspection 1. Amalgam Separators through the vacuum. Air from the activities that have the greatest impact An amalgam separator is a device vacuum continues through the system on the ability of an amalgam separator designed to remove solids from dental by exiting a bypass at or near the top of to achieve its performance as certified. office wastewater. The amalgam the base chamber. Wastewater then falls Once the separator reaches solids separator is placed at some point in the through the base of the separator and retention capacity, vacuum suction will vacuum line, before the vacuum line enters the filtration cartridge. As begin to diminish or, more commonly, intersects with plumbing in other parts additional wastewater enters the the separator will enter bypass mode. of the building, and separates solids separator, the filtration cartridge will fill Wastewater running through a separator from wastewater. Most separator designs to capacity, and wastewater will begin in bypass mode flows through the rely on the force of the dental facility’s to collect at the bottom of the base separator without being filtered, vacuum to draw wastewater into the chamber. Gravity forces wastewater in rendering the separator ineffective. separator. However, the separation of the separator through a filtration device Because many separators can enter solids from the wastewater and the exit and out of the separator through a bypass mode without any noticeable of the wastewater from the separator decanting tube on the side of the effect on vacuum suction, it would be will vary by design of the separator. separator. The wastewater, less the important that the unit be checked Practically all amalgam separators on solids retained by the separator, then periodically, and if necessary, serviced.7 the market today use sedimentation continues through the vacuum system Solids collected by the amalgam processes. The high specific gravity of and is eventually discharged from the separator may be a combination of amalgam allows effective separation of dental office and to the sanitary sewer dental amalgam, biological material amalgam from suspension in and the POTW. The second common from patients, and any other solid wastewater. Baffles or tanks can reduce separator design consists of a single material sent down the vacuum line. the speed of the wastewater flow, chamber that requires wastewater to Amalgam separator manufacturer allowing more amalgam particles to travel through a filtration medium instructions should be followed for settle out. After the solids settle, the before it is drawn out of the separator. servicing amalgam separators and for wastewater is either pumped out, These separators may be oriented handling separator waste. Some decanted during servicing, or is pulled vertically so that wastewater enters the amalgam separator manufacturers also through the separator. Sedimentation- top of the unit, remains in the separator offer waste management services. based separators are often used over for some time, and allows solids to Examples of services provided include other separation technologies for their settle. For either design, when the ensuring that waste collected by the operational simplicity. filtration cartridge or the separator itself separator is handled according to state Some amalgam separators may reaches the designed solids retention and local requirements, and providing combine filtration with separation. capacity, it must be replaced. necessary compliance documentation Different types of filtration units can be Manufacturers can include replacement for the facility’s recordkeeping employed to remove additional schedules and capacity levels for requirements. In the event that these amalgam particles. The amalgam amalgam separators. services are not employed, the facility separator may also be designed to The vast majority of amalgam should dispose of amalgam waste in operate horizontally where wastewater separators on the market today have accordance with state and local is drawn into one side of the separator, been evaluated for their ability to meet requirements. filtered, and then exits the opposite side the International Organization for Most amalgam separators are of the separator. This type of separator Standardization Standard for Dental compatible with both wet and dry is designed to be completely replaced Amalgam Separators (http:// vacuum systems, and with both large once it reaches its design solids holding _ www.iso.org/iso/iso catalogue/ and small dental offices.8 As explained capacity. In addition to combined _ _ catalogue tc/catalogue detail.htm? in Section VIII, currently at least 12 separation and filtration units, EPA is csnumber=42288). This voluntary states and 19 localities have aware of at least one type of separator standard setting organization implemented mandatory programs to that utilizes centrifugation. A established a standard for measuring reduce dental mercury discharges. All of centrifuge-based separator spins the amalgam separator efficiency by these programs require the use of water so that the heavier amalgam evaluating the retention of amalgam particles are forced to the sides of the mercury using specified test procedures 7 There may be separators on the market that do separator. in a laboratory setting. It also includes not notify users when they are in bypass mode or A few amalgam separators combine requirements for instructions for use otherwise require servicing. These separators would sedimentation (with or without and operation and maintenance. In not meet ISO certification standards. filtration) with ion exchange in the same order to obtain the ISO certification, a 8 This does not mean all types of separators are compatible at a given dental office. For example, an unit. This type of separator additionally separator must achieve 95% removal or amalgam separator that relies on filtration includes a chelating agent or proprietary greater of total mercury. Based on EPA’s technology may not be compatible with a dry resin. This type of separator often evaluation of a range of amalgam vacuum system in place.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63266 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
amalgam separators. Further, many As explained above, ISO certification technology basis for this proposed rule. dental offices in states or localities testing is based on an evaluation of the These practices have the greatest impact without mandatory programs have removal of total mercury in a laboratory on the ability of an amalgam separator voluntarily installed dental amalgam setting and does not differentiate to achieve its performance as certified. separators, and the ADA recommends removal for the suspended and EPA also proposes to require two their use as part of its ‘‘Best dissolved forms.9 In order to better BMPs to control mercury discharges that Management Practices for Amalgam understand the reductions in dissolved would not be captured by an amalgam Waste’’ (2007). As described in Section mercury that can be achieved with the separator. Bleach and other corrosive VIII, EPA estimates that 40% of dental addition of ion exchange as polishing, cleaners can solubilize bound mercury. offices currently employ amalgam EPA reviewed available data on the If corrosive cleaners are used to clean separators. performance from actual installations of vacuum lines that lead to an amalgam ion exchange units in addition to separator, the line cleaners may 2. Polishing To Remove Dissolved amalgam separators in dental offices. solubilize any mercury that the Mercury From Wastewater EPA found the use of polishing is separator has captured, leading to Mercury in dental amalgam is present limited to just a handful of dental increased mercury discharges. in both the suspended and dissolved offices. EPA identified only one study of Therefore, EPA proposes to require line form. The vast majority (>99.6%) is polishing systems, and has not cleaners that do not contain bleach, and suspended (DCN DA00018). An identified any further data pertaining to are of neutral pH. additional process sometimes referred to the performance of polishing. This one Flushing scrap amalgam (contact and as ‘‘polishing’’ uses ion exchange to study evaluated the additional efficacy non-contact), including dental amalgam remove dissolved mercury. In contrast associated with polishing at two dental from chair-side traps, screens, vacuum to amalgam separators that contain an facilities in response to sanitation pump filters, dental tools, or collection ion exchange component in the same district concerns over mercury devices into drains that do not have a unit, as discussed in the previous discharges. In both cases, the polishing solids collecting device presents section, ‘‘polishing’’ ion exchange refers systems were installed after the additional opportunities for mercury to to a separate wastewater treatment amalgam separators but prior to be discharged from the dental office. system added after the amalgam discharge into the treatment plant’s Therefore, EPA proposes to include a separator for the purpose of removing collection system. While a reduction BMP that prohibits flushing scrap dental dissolved mercury. was observed in the final effluent amalgam into any drain that is not Dissolved mercury has a tendency to mercury after the polishing system was connected to an amalgam separator. bind with other chemicals, resulting in installed, preliminary EPA Region 8 XII. Scope/Applicability audits showed the total additional a charged complex. Ion exchange is the As mentioned in the previous section, process that separates these charged mercury reductions were typically on the order of 0.5% (DCN DA00164). This EPA has not identified dental offices/ amalgam particles from the wastewater. clinics discharging directly to waters of Ion exchange does not rely on physical is not surprising since, as indicated above, dissolved mercury contributes the U.S. Because EPA has very limited settling of particles, and can remove information on any direct discharge of very small amalgam and ionic mercury such a small portion to the total amount of mercury in dental amalgam. It is dental amalgam, EPA is not proposing particles. This technology may be effluent limitations guidelines and new preferable over sedimentation (with or unclear whether any solid mercury was converted to dissolved mercury, and source performance standards for direct without filtration) alone because dischargers at this time. dissolved mercury is removed by this additional monitoring data are not yet available. As such, EPA is proposing to apply process. For example, ion exchange this rule to wastewater discharges to might be useful in municipalities that The capital costs of the polishing system, as a stand-alone system, are POTWs from offices where the practice have concentration limits on mercury of dentistry is performed, including (McManus, 2003). EPA is not aware of approximately four times that of the amalgam separator; the costs for institutions, permanent or temporary any state regulations that require ion offices, clinics, mobile units, home exchange. chemical use, regenerating the resin, filter replacement, and other operational offices, and facilities, and including For ion exchange to be most effective, costs were not reported. Further, EPA is dental facilities owned and operated by the incoming wastewater to be treated uncertain whether typical dental Federal, state, or local governments. must first have the solids removed. buildings have adequate space to install EPA is not proposing to include Then the wastewater needs to be the holding tanks needed to oxidize the wastewater discharges from dental oxidized in order for the resin or waste before treatment, as well as space facilities where the practice of dentistry mercury capturing material to capture for the polishing equipment itself. consists exclusively of one or more of the dissolved mercury. Therefore, ion the following dental specialties: oral exchange will not be effective without D. Best Management Practices pathology, oral and maxillofacial first being preceded by a solids EPA considered what BMPs reflect radiology, oral and maxillofacial collector. As a result, EPA concludes the best available technology surgery, orthodontics, periodontics, or this sequential polishing approach, in economically achievable or best prosthodontics. As described in the which amalgam separators and ion available demonstrated control TEDD, these specialty practices do not exchange are separate units, is more technology—the standards applicable to engage in the practice of restorations or effective than the single units described existing and new sources subject to removals, and are not expected to have above that combine sedimentation and categorical pretreatment standards. any discharges of dental amalgam. ion exchange. Dental offices needing to After this review, EPA proposes to XIII. Subcategorization employ polishing would likely need to include certain operation, maintenance, add a separate ion exchange unit and inspection practices as part of the In developing effluent limitations following the amalgam separator to guidelines and pretreatment standards, remove additional mercury from the 9 In some cases, the ISO testing results include EPA may divide an industry category waste stream. ranges of dissolved mercury in the effluent. into groupings called ’’subcategories’’ to
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63267
provide a method for addressing amalgam not captured by an amalgam effects, EPA lacks sufficient data to variations among products, processes, separator. Therefore, EPA developed a conclude that there is a significant and other factors, which result in regulatory option based on proper difference in the performance between distinctly different effluent operation and maintenance of amalgam the two technologies. EPA estimates that characteristics. See Texas Oil & Gas separators that achieve a 99.0% the capital costs of amalgam separators Ass’n. v. U.S. EPA, 161 F.3d 923, 939– reduction of total mercury from and polishing are at least four times that 40 (5th Cir. 1998). Regulation of a amalgam process wastewater with of amalgam separators alone (see DCN category by subcategories provides that BMPs. Compliance with the numeric DA00122). Finally, EPA is uncertain each subcategory has a uniform set of pretreatment standard for new and whether existing dental offices have effluent limitations or pretreatment existing sources could be met by adequate space to install polishing standards that take into account installation and proper operation and controls. These factors led EPA to find technological achievability, economic maintenance of an amalgam separator that polishing is not ‘‘available’’ as that impacts, and non-water quality certified to meet at least 99.0% term is used in the CWA. As a result, environmental impacts unique to that reduction of total mercury according to EPA did not select amalgam separators subcategory. In some cases, effluent the 2008 ISO 11143 standard. followed by polishing as the technology limitations or pretreatment standards Compliance with two additional basis for this proposed rule. EPA solicits within a subcategory may be different BMPs—not flushing scrap amalgam data on the costs, performance, based on consideration of these same down the drain and cleaning of chair affordability, and availability of factors, which are identified in CWA side traps with non-bleach, non- polishing in combination with amalgam section 304(b)(2)(B). The CWA requires chlorine cleaners—are necessary to separators. prevent mercury discharges that would EPA, in developing effluent guidelines B. Pollutants of Concern and Pass bypass the separator. EPA finds that the and pretreatment standards, to consider Through a number of different factors, which are proposed technology basis is also relevant for subcategorization. The ‘‘available’’ as that term is used in the Of the dental amalgam constituents, CWA also authorizes EPA to take into CWA because it is readily available and mercury is of greatest concern to human account other factors that the feasible for all dental offices. ADA health because it is a persistent, Administrator deems appropriate. recommends its dentists use the bioaccumulative, toxic chemical and In developing the proposed rule, EPA technology on which this rule is based can bioaccumulate three to ten times considered whether subcategorizing the (i.e., amalgam separators and BMPs). across each trophic level of the food dental industry was warranted. EPA Further, EPA estimates that 40% of chain. Mercury from dental amalgam evaluated a number of factors and dental offices currently use amalgam makes its way into the environment potential subcategorization approaches, separators on a voluntary basis or are in when it is discharged from the dental including the size of dental office, states with state or local laws requiring facility to a POTW, where it settles into specialty practices, and unusual the use of amalgam separators. For those sewage sludge, or is discharged to configurations that may be found at very dental offices that have not yet installed surface waters. Once discharged, certain large offices such as clinics and an amalgam separator, EPA estimates microorganisms change mercury into universities. EPA proposes that this is a low cost technology with an methylmercury, a form of mercury that establishing formal subcategories is not approximate average annual cost of can be absorbed by fish, shellfish and appropriate for the Dental Amalgam $700 10 per office. EPA’s economic animals that eat fish. EPA finds that the technologies category for three reasons. First, the analysis analyzes these costs in relation considered for control of amalgam proposed rule is structured to set to the overall income of the regulated solids will be similarly effective on standards only for those facilities that entities and shows that this proposed other metals contained in dental discharge dental amalgam. Second, the rule is economically achievable (see amalgam because these metals are in a requirements do not include a size Section XVI). Finally, EPA also solids form, and the separation threshold because the technology is examined the non-water quality technology is designed to remove solids. readily scaled to the size of the dental environmental impacts of the proposed Therefore any controls established for office. Finally, those states and localities rule and found them to be acceptable. the reduction of mercury discharges will that already have regulatory programs See Section XX, ‘‘Non Water Quality similarly reduce the discharge of other for controlling discharges of dental Environmental Impacts.’’ metals contained in amalgam. As such, amalgam have been largely successful EPA is not proposing to establish EPA focused its consideration of without subcategorization. pretreatment standards based on technologies that remove dissolved regulated pollutants on mercury. XIV. Proposed Regulation mercury, or polishing. None of the states C. POTW Pass Through Analysis with mandated requirements to reduce A. PSES Options Selection To establish pretreatment standards, dental mercury discharges requires EPA examines whether the pollutants Section XI discussed the technologies polishing. EPA also lacks adequate discharged by the industry ‘‘pass identified to control amalgam performance data to truly assess the through’’ a POTW to waters of the U.S. discharges from dental offices. EPA efficacy of polishing or its availability of or interfere with the POTW operation or identified two basic technologies, ion exchange for nationwide use. EPA’s sludge disposal practices. EPA’s amalgam separators and polishing. EPA current information suggests that consideration of pass through for determined separators plus polishing is polishing only achieves incremental national technology based categorical not ‘‘available’’ as that term is used in removals over the BAT selected pretreatment standards differs from that the CCWA. technology of less than one half percent EPA identified one technology that is described in Section VIII for general of total mercury. While even very small available and demonstrated—amalgam pretreatment standards. For categorical amounts of mercury have environmental separators. EPA further identified BMPs pretreatment standards, EPA’s approach that would ensure the effectiveness of 10 This estimate is based on the average for pass through satisfies two competing the amalgam separator technology and annualized cost for dentists that do not currently objectives set by Congress: (1) That would reduce discharges of dental have an amalgam separator. See DCN DA00145. standards for indirect dischargers be
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63268 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
equivalent to standards for direct proposing requirements to control its limited emergency circumstances. dischargers; and (2) that the treatment discharge. However, EPA, in consultation with capability and performance of the pretreatment authorities, has been D. Requirements POTWs be recognized and taken into unable to identify a publically available account in regulating the discharge of This proposed rule would establish a source of information that differentiates pollutants from indirect dischargers. pretreatment standard that would dental offices on the basis of whether or Generally, in determining whether require removal of at least 99.0% of total not dental amalgam may reasonably be pollutants pass through a POTW when mercury from amalgam discharges and expected to be present. As such, this considering the establishment of BMPs. One way affected dental offices proposed rule would apply to such categorical pretreatment standards, EPA would be able to meet the standard dischargers and require them to report compares the percentage of the would be to use, and properly operate baseline information, but it would also pollutant removed by typical POTWs and maintain, a dental amalgam allow them to certify (at any time) that achieving secondary treatment with the separator certified to achieve at least they do not and will not install or percentage of the pollutant removed by 99.0% reduction of total mercury remove amalgam (not including facilities meeting BAT effluent according to the 2008 ISO 11143 infrequent emergency treatment as limitations. A pollutant is deemed to standard, to perform certain BMPs, and discussed below). This would fulfill pass through a POTW when the average to certify to this effect. Another way their obligations under this proposed percentage removed by a typical POTW affected dental offices would be able to rule. If they subsequently elect to install is less than the percentage removed by meet the standard would be to certify or remove amalgam, they would then direct dischargers complying with that they do not install or remove need to comply with the proposed BPT 11/BAT effluent limitations. In this amalgam except in limited emergency numeric standard (e.g., proper operation manner, EPA can ensure that the circumstances. Dentists that certify that and maintenance of an amalgam combined treatment at indirect they do not install or remove amalgam separator) and with the BMPs in this discharging facilities and POTWs is at will be exempt from any further proposed rule.13 least equivalent to that obtained through requirements of the proposed rule. While the proposed rule does not EPA does not want to penalize treatment by a direct discharger, while existing dental offices or institutional also considering the treatment require the use of an amalgam separator to meet the numeric standard, EPA dental facilities that have already capability of the POTW. installed amalgam separators either In the case of this proposed expects that most, if not all dentists that voluntarily or to comply with state or rulemaking, where only pretreatment place or remove amalgam would use local requirements. EPA recognizes that standards are being developed, EPA this widely available technology to these offices may currently have compared the POTW removals with comply with the proposed numeric amalgam separators in place that are removals achieved by indirect standard. EPA expects dentists will certified to a removal rate slightly less dischargers using the candidate choose to install and operate an than this proposed standard. For technology that otherwise satisfies the amalgam separator because of the nature example, some states require dental BAT factors. Historically, EPA’s primary of dental offices, the variability of the offices to employ amalgam separators source of POTW removal data is its 1982 flows and resulting waste streams, and that are certified to remove 95% total ‘‘Fate of Priority Pollutants in Publicly the difficulty in obtaining a sample that mercury. EPA does not propose a rule Owned Treatment Works’’ (also known represents only dental amalgam that would require existing separators as the 50 POTW Study). The 50 POTW discharges. Moreover, amalgam that still have a remaining useful life to study presents data on the performance separators are an easy to use, low cost be retrofitted with new separators, both of 50 POTWs achieving secondary technology. Dental offices that elect to because of the additional costs incurred treatment in removing toxic pollutants. not use an amalgam separator must meet by dental facilities that moved ahead of Results of this study demonstrate the proposed numeric limit and would EPA’s proposed requirements to install POTWs remove 90% of total mercury be subject to the oversight and a treatment technology and because of found in wastewater. EPA has data from compliance requirements for indirect the additional solid waste that would be targeted studies performed by NACWA discharges subject to national generated by disposal of the existing and ADA that indicate a POTW can pretreatment requirements. separators. Therefore, EPA is proposing remove 95% of total mercury. However, In selecting an amalgam separator that that, as long as they continue to these studies reflect the performance of meets the requirements of today’s properly operate and maintain existing best performing POTWs, as opposed to proposed pretreatment standards, separators, comply with BMPs, and the 50 POTW Study which reflects dentists would verify that the amalgam comply with recordkeeping nationwide POTWs. Consequently, for separator is compliant with the 2008 requirements, these facilities would be this proposal, EPA maintains a POTW ISO 11143 standard and meets the considered in compliance with the percent removal rate of 90% for its design specifications of the proposed numeric standard until ten years from nationwide pass-through analysis. In regulation for their configuration. Once the effective date of the final rule. EPA comparison, indirect dischargers using selected and installed, EPA expects selected ten years because it appears to this proposed technology will remove dentists will operate and maintain the be a conservative estimate of the useful 99.0% or more total mercury prior to separator following all manufacturer’s life of the existing equipment. However, discharge. Therefore, EPA concludes instructions and conduct inspections at if prior to that time, the currently mercury passes through 12 and is today least monthly to ensure all features are functional. installed separator needs to be replaced, 11 Best Practicable Control Technology Currently This proposal would subject all these facilities would need to install and Available. dentists (except those specialists as 12 For all the metals contained in dental amalgam, described in Section XII) to categorical 13 EPA recognizes that dentists, infrequently, may EPA’s record demonstrates that these pollutants pretreatment requirements. EPA remove amalgam in the course of emergency would similarly pass through as defined above. See treatment. EPA does not intend for discharges of the Pollutant Reduction Estimates section of the recognizes that some dentists covered dental amalgam, related to only these infrequent TEDD for POTW removal estimates for the other by this proposal do not apply or remove emergency treatments, to preclude such dentists metals. dental amalgam except possibly in from certifying.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63269
operate an amalgam separator that meets polishing) for the same reasons stated use facility-specific data to determine a removal efficiency of 99.0%. above for existing standards. what requirements apply to a given EPA requests comment on this facility and whether that facility would XV. Technology Costs proposed regulatory scheme. In already meet the proposed particular, EPA seeks comment on its This section summarizes EPA’s requirements. This approach requires approach for addressing offices where approach for estimating compliance facility specific technical and financial no dental amalgam is placed or removed costs, while the TEDD provides detailed data. In this case, EPA would need such except in limited emergency information on the methodology. EPA’s data for approximately 110,000 dental circumstances, and its approach for cost methodology assumes dental offices offices estimated to be subject to this offices that have already installed an would use the required BMPs in rule. Such data are not available. An amalgam separator. combination with 2008 ISO 11143 alternative approach often used by EPA amalgam separators on the market today is to develop a series of model facilities E. PSNS Option Selection to comply. See DCN DA00138. EPA that exhibit the typical characteristics of As previously noted, under section categorized all of the costs as either the affected facilities and calculate costs 307(c) of the CWA, new sources of capital costs 14 (one-time costs for each model facility. EPA can then pollutants into POTWs must comply associated with planning or installation determine how many of the affected with standards which reflect the greatest of technologies), as operation and facilities are represented nationally by degree of effluent reduction achievable maintenance (O&M) costs (costs that each model facility to represent the full through application of the best available occur on a regular ongoing basis such as universe of affected facilities. demonstrated control technologies. inspection or cleaning of the unit or Congress envisioned that new treatment annual purchases of amalgam A. Methodology for Developing Model systems could meet tighter controls than cartridges), or as reporting costs. All Dental Office Costs existing sources because of the final cost estimates are expressed in EPA used the model approach to opportunity to incorporate the most terms of 2010 dollars. estimate costs for facilities that place or efficient processes and treatment EPA estimated compliance costs remove amalgam for this proposal. The systems into the facility design. EPA associated with this proposal using data model facility approach used in this proposes PSNS that would control the collected through EPA’s Health Services effort involved calculating compliance same pollutants using the same Industry Detailed Study (August 2008) costs for each of the size classes of technologies proposed for control by [EPA–821–R–08–014], a review of the dental offices described in Section IX of PSES. The technologies used to control literature, and information supplied by this preamble. In other words, EPA pollutants at existing offices, amalgam vendors. EPA’s cost estimates represent developed compliance costs for six separators and BMPs, are fully the incremental costs for a dental office models based on the number of chairs applicable to new offices. New dental to comply with this proposed rule. For in an office. The ranges for each model offices can incorporate amalgam costing purposes, EPA differentiated are as follows: 1 to 2 chairs, 3 chairs, 4 separators into the design and dental offices by those that already use chairs, 5 chairs, 6 chairs, and 7+ chairs installation of their vacuum system. amalgam separators and those that do (average of 10 chairs). In addition to Furthermore, EPA has not identified any not. each of the size class models, EPA technologies that are demonstrated for EPA recognizes that some fraction of developed a model facility to represent new sources that are more effective than dental offices subject to this proposed very large offices such as clinics and those identified for existing sources. rule may not place or remove amalgam universities. This is discussed Finally, EPA determined that the and proposes to allow them to submit a separately in Section XV. B., below. proposed PSNS present no barrier to one-time baseline monitoring report. EPA developed two sets of costs for entry. EPA has found that overall Such dental offices would be exempt each model: one for facilities that do not impacts from the proposed standards on from this rule so long as they do not use an amalgam separator and one for new sources would not be any more place or remove amalgam. Should the facilities that do. For those that do not severe than those on existing sources, status of the dental office change, the use an amalgam separator, EPA since the costs faced by new sources certification would no longer be valid. estimated capital costs and operation generally will be the same as or less For example, if a dental office so and maintenance costs. Capital costs than those faced by existing sources. certifies and is sold, the new owner include purchase of the separator and Therefore, EPA proposes to establish must similarly so certify or would need installation. Recurring costs include NSPS that are the same as those to comply with the rule. See § 441.10. replacement of the cartridge, and proposed for PSES. EPA estimates the costs associated with operation and maintenance costs. A EPA does not propose to establish this one-time only certification to be summary of costs for dental offices that more stringent requirements for new $22. do not currently use amalgam separators sources based on technologies that In general, one approach that EPA may be found in Tables XV–1 and remove dissolved mercury (i.e., takes to estimate compliance costs is to XV–2.
TABLE XV–1—SUMMARY OF ONE TIME MODEL FACILITY COSTS ($2010) FOR DENTAL OFFICES THAT DO NOT CURRENTLY USE AMALGAM SEPARATORS
Number of chairs in the model dental office Cost element 1 or 2 3, 4, or 5 15 6 7+
Separator Purchase ...... $502 $599 $1,058 $1,531
14 See Section XVI and the Economic Section of the Technical Development Document for information on how EPA annualized costs.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63270 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
TABLE XV–1—SUMMARY OF ONE TIME MODEL FACILITY COSTS ($2010) FOR DENTAL OFFICES THAT DO NOT CURRENTLY USE AMALGAM SEPARATORS—Continued
Number of chairs in the model dental office Cost element 1 or 2 3, 4, or 5 15 6 7+
Installation ...... 250 250 250 250
TABLE XV–2—SUMMARY OF ONE TIME MODEL FACILITY COSTS ($2010) FOR DENTAL OFFICES THAT DO NOT CURRENTLY USE AMALGAM SEPARATORS
Number of chairs in the model dental office Cost element 1 or 2 3, 4, or 5 16 6 7+
Replacement Parts ...... $195 $219 $430 $647 O&M Including Recycling ...... 216 216 216 216
For those facilities that already have an amalgam separator, EPA calculated costs for certain additional recurring operation and maintenance associated with the amalgam separator compliance option in this proposal. Recurring costs include replacement of the cartridge and operation and maintenance costs. A summary of these costs may be found in Table XV–3. This is a conservative approach to costing, however, because some of these facilities would presumably continue to operate and maintain the separators that they have already chosen or been required to install.
TABLE XV–3—SUMMARY OF ANNUAL MODEL FACILITY COSTS ($2010) FOR DENTAL OFFICES THAT CURRENTLY USE AMALGAM SEPARATORS
Number of chairs in the model dental office Cost element 1 or 2 3, 4, or 5 17 6 7+
Replacement Parts ...... $98 $110 $215 $324 O&M including recycling ...... 116 116 116 116
In assessing the long term costs of rule would have already been completed, requirements. EPA also included compliance for these model facilities EPA has projected that amalgam reporting costs for one-time preparation (those with and without existing separators replaced beyond year 10 of a baseline report and initial separators), EPA estimated that would be installed at one-half of the compliance report and recurring costs amalgam separators would have a cost of the original installation. For associated with preparation of an service life of 10 years, at which time example, EPA assumed plumbing annual certification statement. Section the amalgam separators would need to modifications for initial installation XI describes the BMPs in this proposal. be replaced. For the purposes of cost would cost $250 per office, but that EPA projects that there will be no estimates for this proposal, EPA replaced equipment would cost $125 to incremental costs associated with these assumed that all offices regardless of the install. EPA assumed that dental offices BMPs, because 1) costs for non- original technology in-place would would continue to incur recurring oxidizing, pH neutral line cleaners are incur the full cost of purchasing expenses such as O&M in the same way roughly equivalent to other line as described for the initial installation. amalgam separators at the time of cleaners; and 2) dentists will not incur reinstallation. However, because various Finally, all dental offices subject to additional costs by changing the modifications needed by the office for this proposed rule will also have location for flushing scrap amalgam. initial amalgam separator installation reporting requirements and BMP
15 EPA assumed the separator can be sized for 3, 16 EPA assumed the separator can be sized for 3, 17 EPA assumed the separator can be sized for 3, 4, or 5 chairs, but has kept these three model office 4, or 5 chairs, but has kept these three model office 4, or 5 chairs, but has kept these three model office sizes distinct because the economic analysis sizes distinct because the economic analysis sizes distinct because the economic analysis evaluates different revenues for each of these sized evaluates different revenues for each of these sized evaluates different revenues for each of these sized offices. offices. offices.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63271
B. Methodology for Developing Costs for model dental offices. As described NAICS (621210), and their annual Institutional Facilities there, EPA developed compliance costs revenue. Because reported Institutional dental service facilities for six models based on the number of establishments were described by their (e.g., clinics or dental schools), have a chairs in an office. The ranges for each annual revenue and not number of larger number of chairs than the typical model are as follows: 1 to 2 chairs, 3 chairs (the basis of model compliance dental office. For these institutional chairs, 4 chairs, 5 chairs, 6 chairs, and costs), EPA used data from two surveys, dental facilities, EPA developed a 7+ chairs (average of 10 chairs). In a Colorado survey and an ADA survey, costing methodology based on the addition to each of the size class to correlate the estimated number of methodology for offices described models, EPA developed a model facility chairs per office to the revenue range of above. For purposes of costs, EPA to represent institutional facilities such dental offices. Because EPA used two assumed the average institutional as clinics and universities. different data sources, results are facility has 15 chairs. In the For each model facility, EPA presented as a range. Details of the methodology described previously, the estimated compliance costs for dental relationship between chairs and revenue model practice with the largest number offices that currently use a separator, can be found in the TEDD. of chairs for which EPA developed cost those that do not have a separator in To estimate nationwide social costs, information is the 7+ chair model with place, and those that certify that they do EPA multiplied the estimated total an average of 10 chairs. Scaling the not place or remove amalgam. For those annualized costs of rule compliance for information on costs for the 10 chair that do not currently use a separator, each model facility by the estimated model facility to a 15 chair operation EPA estimated costs as either capital number of dental offices represented by using a straight ratio yields costs at costs (one-time costs associated with that model (i.e. with the indicated these institutional facilities at 1.5 times planning or installation of technologies), number of chairs and with/without the costs estimated for the largest chair as O&M costs (costs that occur on a existing amalgam separators). EPA also range shown in Table XV–1 and Table regular ongoing basis such as inspection accounted for some dental offices that XV–2. These costs are likely overstated or cleaning of the unit, annual may not place or remove amalgam and as they do not reflect opportunities the purchases of amalgam cartridges, and assigned them costs only for a one-time largest offices may have to share costs,18 recycling), and as reporting costs. For baseline monitoring report. EPA then and they do not assume any economies those that use a separator summed the values for each chair range of scale. EPA solicits comment and data (approximately 40% of dental offices as over the number of chair ranges to yield regarding EPA’s analysis of clinics and reported in Section VIII), EPA estimated the total estimated compliance cost. institutional facilities. O&M costs and reporting costs only. As Similarly, EPA calculated costs for applicable, EPA annualized the capital institutional facilities by multiplying XVI. Economic Impact Analysis costs over a 20-year period at a discount the compliance cost for its model This section summarizes EPA’s rate of 3%19 and summed these costs institutional facility by the number of assessment of the costs and impacts of with the O&M and reporting costs to estimated institutional facilities the proposed pretreatment standards on determine an annual compliance cost indicated in Section IX. Lastly, EPA the regulated industry. estimate for each model facility. In order estimated costs for control authorities to develop a national estimate of social for administering the Dental Amalgam A. Social Cost Estimates costs 20 based on these model facilities, Rule.22 Details of this cost analysis can As described earlier in Section XIV of EPA estimated the number of dental be found in the TEDD. See Table XVI– this preamble, EPA proposes PSES and offices represented by each model 1 for EPA’s estimate of nationwide PSNS based on a widely available facility. As explained in Section IX, EPA annualized costs for each chair range technology, amalgam separator, and estimated the number of dental offices represented by EPA’s model facilities as employment of BMPs. Section XV based on data from the 2007 Economic well as EPA’s estimate of total provides a detailed explanation of how Census 21 describing the number of nationwide annualized costs for this EPA estimated compliance costs for establishments in the Offices of Dentists proposed rule.
TABLE XVI–1—TOTAL ANNUALIZED SOCIAL COSTS BY NUMBER OF CHAIRS [Millions of 2010 dollars]
Total annualized costs by chair size 1 Number of chairs Colorado survey ADA Survey
1–2 chairs ...... $3.4 $4.4 3 chairs ...... 9.5 16.3 4 chairs ...... 11.0 5 chairs ...... 5.4 14.8 6 chairs ...... 4.7 7+ chairs ...... 9.5 12.8 Large Dental Facilities ...... 0.1 0.1
18 For example, multiple offices located in a 20 Costs of the rule, from the standpoint of cost amount of visits (quantity demanded). Therefore single building or complex may be able to share to society, include compliance costs and EPA makes no adjustment to social costs based on plumbing, vacuum systems, and may be able to administrative costs to control authorities. Social a change in quantity. costs would also incorporate any adjustment based install a larger separator rather than each office 21 EPA adjusted the 2007 Economic Census on a quantity demand response to a change in price having its own separator. driven by a price change due to cost pass-through revenue values to reflect 2010 dollars. 19 See the TEDD for the reported analyses using to consumers. For this analysis, EPA is not able to 22 As a point of clarification, for this proposal, a 7% discount rate. demonstrate an observable change in price for social costs equal the sum of compliance costs and dental services, therefore no observable change in administrative costs.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63272 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
TABLE XVI–1—TOTAL ANNUALIZED SOCIAL COSTS BY NUMBER OF CHAIRS—Continued [Millions of 2010 dollars]
Total annualized costs by chair size 1 Number of chairs Colorado survey ADA Survey
Cost to Control Authorities ...... 0.9 0.9
Total Annualized Social Costs ...... 44.5 49.4 1 EPA assumed that initial capital outlays and initial incurrence of ongoing compliance expenses would occur in the third year following rule promulgation. EPA assumed that the amalgam separator technology would have a service life of 10 years, and used a 20-year analysis period to allow for one-time replacement of capital equipment 10 years following the initial installation. A 3% discount rate was used for the analysis re- ported in this table, see the TEDD for the analysis with a 7% discount rate.
B. Economic Impact Methodologies any of these costs, it would be on a looking at impacts to small businesses. EPA devised a set of tests for limited fractional share basis, most The cost-to-revenue analysis compares analyzing economic achievability. As is likely in proportion to the total value of the total annualized compliance cost of often the practice, EPA conducted a their services as a fraction of the total each regulatory option with the revenue cost-to-revenue analysis to examine the revenue in the office. On the other hand, of the entities. It is also used under the relationship between the costs of the if these operators offer their services in Regulatory Flexibility Act (RFA) to proposed rule to current (or pre-rule) a competitive market, it may be that determine if a rule has the potential to dental office revenues. In addition, EPA none of the compliance costs are shared have a significant impact on a by these subcontractors. substantial number of small entities. chose to examine the financial impacts • Another possibility is these very EPA apportioned all dental offices into of the proposed rule using two measures low revenue offices could be non-profit Economic Census revenue ranges. Using that utilize the data EPA has on dental groups which provide pay-as-you-can or the relationship between revenue and office baseline assets and estimated free services to a low-income number-of-chairs previously developed, replacement capital costs: (1) Ratio of populations. In this case, these small each revenue range was assigned to a the Proposed Rule’s Capital Costs to businesses may be viable enterprises number-of-chairs category which Total Dental Office Capital Assets and because they receive in-kind donations determined its annual costs. EPA looked (2) Ratio of the Proposed Rule’s Capital not counted as revenue, e.g., services of at whether all, some, or none of the Costs to Annual Dental Office Capital a practicing dentist. offices in each revenue range would Replacement Costs. • Alternatively, these low revenue exceed the 1% or 3% threshold (to EPA did not conduct a traditional offices may be non-viable as for-profit signal the potential for significant closure analysis for this proposed rule businesses, if they are attempting to impact), and summed across chair-size because EPA does not have detailed operate as general service dental categories to assess impact to the data on baseline financial conditions of practices. This is based on EPA’s industry. To incorporate the discussion dental offices. Also, closure analyses assessment (see Ratio of Proposed Rule of low revenue dental offices described typically rely on accounting measures Capital Costs to Total Dental Office in Section XVI.B above, this analysis is such as present value of after-tax cash Capital Replacement Costs, below) that conducted twice: (1) Excluding dental flow. However, such accounting 1–2 chair offices would incur pre-rule offices that could represent baseline measures are difficult to implement for capital replacement costs of closures and (2) including all offices in businesses that are organized as sole approximately $23,500 per year. This the analysis. proprietorships or partnerships, as is the cost represents all or a substantial case in the dental industry. Still, the fraction of annual revenue of the 2. Ratio of the Proposed Rule’s Capital 2007 Economic Census reports that business in the below-$25,000 revenue Costs to Total Dental Office Capital approximately 700 offices of the range. Accordingly, these businesses Assets approximately 110,000 total offices had may not be operating viably as for-profit This ratio examines the initial revenue of less than $25,000 (2007 general service dental offices. spending on capital costs of compliance dollar basis). In reviewing the implied As such, EPA could consider these in relation to the baseline value of assets operating characteristics of these low offices to be the equivalent of baseline on the balance sheet of dental office revenue offices, EPA considered closures as traditionally accounted for businesses. EPA assumes a low ratio whether these offices should be in cost and economic impact analysis implies limited impact on dental offices’ excluded from the analyses on any of for effluent guidelines rulemakings. As ability to finance the initial spending on the following bases: a result of the uncertainty here, EPA capital costs of the proposed rule. A • These low revenue offices could be analyzed the impacts twice: (1) high ratio may still allow costs to be single-dentist and/or part-time Excluding dental offices that could financed but could imply a need to businesses that provide services as a represent baseline closures and (2) change capital planning and budgeting. subcontractor on an independent fee- including all offices in the analysis. EPA EPA relied on data from Risk for-service basis, such as dental hygiene, solicits comment for additional Management Association (RMA) 23 to in general service dental offices that are information on these low revenue dental estimate the average asset-to-sales ratio owned and operated by a larger dental offices. practice. Because these establishments 23 Risk Management Association reports financial would not be the primary owner/ 1. Cost-to-Revenue Analysis statement information received from lending operator of the dental offices in which To provide an assessment of the institutions, for businesses in a wide range of economic sectors, including Dental Offices. These they provide services, they would not impact of the rule on dental offices, EPA data include a wide range of income statement and directly incur the compliance costs of a used a cost-to-revenue analysis as is balance sheet information as well as financial and Dental Amalgam Rule. If they incurred standard practice for ELGs when operating ratios.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63273
in each number-of-chairs category for systems, chairs, x-ray machines, etc.). assigned to each number-of-chairs as the the dental office sector. This ratio was The capital replacement costs represent numerator for the ratio. then applied to the revenue range/ a value that dental offices may Because the data are for starting a number-of-chairs categories to find an reasonably expect to spend in any year dental clinic instead of a dental asset value for the minimum (reported to replace and/or upgrade dental office practice, EPA is taking comment to as low in Table XVI–3) and maximum capital equipment. EPA assumes a low solicit additional information on (reported as high in Table XVI–3) ratio implies limited impact on dental equipment needs and costs for starting revenue values for that number-of-chairs offices’ ability to finance the initial a dental practice, including information category. EPA used these baseline assets spending on capital costs of the on the life of the dental equipment. See by number-of-chairs category as the proposed rule. A high ratio may still the TEDD for details on this analysis. denominator for the ratio. Total allow costs to be financed but could proposed rule compliance costs, as imply a need to change capital planning C. Results of Impact Analysis described in Section XVI.B above, were and budgeting. However, because EPA 1. Cost-to-Revenue Analysis Results assigned to each number-of-chairs expects that annual dental office capital category as the numerator for the ratio. replacement would be smaller than total Following the methodology outlined To incorporate the discussion of low dental office capital assets, this ratio is in XVI.B, EPA estimated the occurrence revenue dental offices described in likely to result in a higher value than of annualized compliance costs Section XVI.B above, this analysis is the previous ratio. Because this ratio is exceeding the 1% and 3% of revenue conducted twice: (1) Excluding dental based on a different data source, it thresholds for the proposed option offices that could represent baseline provides an independent check that twice: (1) Excluding dental offices that closures, and (2) including all offices in abstracts from the limitations of the could represent baseline closures, and the analysis. This analysis assumes a RMA data. (2) including all offices in the analysis. minimum revenue value of $5,000 for the lowest revenue range to prevent EPA used data from Safety Net Dental Table XVI–2 summarizes the results division by zero. Clinic Manual, prepared by the National from this analysis. As shown there, The RMA data contains the limitation Maternal & Child Oral Health Resource under either scenario, over 99% of that it may not be fully representative of Center at Georgetown University (see dentists would incur annualized all dental offices, because it only DCN DA00143). This study examines compliance costs of less than 1% of represents dental offices that are data describing the equipment needs revenue. With baseline set-asides successful borrowers. It is possible that and costs for starting a dental practice excluded from the analysis, 507 offices offices that are not financially healthy for a range of different number-of-chairs (0.5% of offices using dental amalgam may be underrepresented in the RMA including information on the life of the and exceeding the set-aside revenue data. This would tend to understate dental equipment. EPA then used these threshold) are estimated to incur costs EPA’s finding of impacts. data to estimate capital replacement exceeding 1% of revenue; no offices are costs, accounting for the total value of estimated to incur costs exceeding 3% 3. Comparison of the Proposed Rule’s equipment purchases for different of revenue. With baseline set-asides Capital Costs to Annual Dental Office numbers of chairs, and the composition included in the analysis, 965 offices Capital Replacement Costs of purchases by equipment life category. (0.9% of offices using dental amalgam) EPA also compared the initial EPA used these replacement capital are estimated to incur costs exceeding spending on capital costs of compliance costs by number-of-chairs as the 1% of revenue; 221 offices (0.2% of associated with this proposed rule to the denominator for the ratio. Total offices using dental amalgam) are estimated capital replacement costs for proposed rule compliance costs, as estimated to incur costs exceeding 3% a dental office business (e.g., computer described in Section XVI.B above, were of revenue.
TABLE XVI–2—COST-TO-REVENUE ANALYSIS IMPACT SUMMARY
Costs >1% Revenue Costs >3% Revenue Number of chairs Total offices by chair size Number Percent Number Percent
Excluding Baseline Set-Aside Offices from Analysis
1–2 chairs ...... 12,197 507 4.2 0 0.0 3 chairs ...... 25,835 0 0.0 0 0.0 4 chairs ...... 27,976 0 0.0 0 0.0 5 chairs ...... 15,194 0 0.0 0 0.0 6 chairs ...... 12,047 0 0.0 0 0.0 7+ chairs ...... 16,611 0 0.0 0 0.0
Total ...... 109,859 507 0.5 0 0.0
Including Baseline Set-Aside Offices in Analysis
1–2 chairs ...... 12,197 965 7.9 221 1.8 3 chairs ...... 25,835 0 0.0 0 0.0 4 chairs ...... 27,976 0 0.0 0 0.0 5 chairs ...... 15,194 0 0.0 0 0.0 6 chairs ...... 12,047 0 0.0 0 0.0 7+ chairs ...... 16,611 0 0.0 0 0.0
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63274 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
TABLE XVI–2—COST-TO-REVENUE ANALYSIS IMPACT SUMMARY—Continued
Costs >1% Revenue Costs >3% Revenue Number of chairs Total offices by chair size Number Percent Number Percent
Total ...... 109,859 965 0.9 221 0.2 Source: EPA analysis.
2. Ratio of the Proposed Rule’s Capital total assets of dental office across the technology in-place case. With baseline Costs to Total Dental Office Capital revenue range/number-of-chairs closures included in the analysis, the Assets analysis combinations. With baseline resulting initial capital costs to total set-asides excluded from the analysis, capital assets values are low, with an Table XVI–3 reports the findings from the resulting initial capital costs to total average value 0.6% to 1.2% for the no this analysis, specifically the weighted capital assets values are low, with an technology in-place case and 0% for the average of the initial spending on the average value 0.5% to 1.0% for the no technology in-place case. proposed rule’s capital costs divided by technology in-place case and 0% for the
TABLE XVI–3—INITIAL SPENDING AS PERCENTAGE OF PRE-RULE TOTAL DENTAL OFFICE CAPITAL ASSETS 1
Technology in place No technology in place Number of chairs Low High Low High
Excluding Baseline Set-Aside Establishments from Analysis
1–2 chairs ...... 0.1 0.1 2.7 1.3 3 chairs ...... 0.0 0.0 0.8 0.5 4 chairs ...... 0.0 0.0 0.5 0.3 5 chairs ...... 0.0 0.0 0.3 0.2 6 chairs ...... 0.0 0.0 0.3 0.2 7+ chairs ...... 0.0 0.0 0.2 0.2 Weighted Average ...... 0.0 0.0 0.7 0.4
Including Baseline Set-Aside Establishments in Analysis
1–2 chairs ...... 0.2 0.1 3.7 1.7 3 chairs ...... 0.0 0.0 0.8 0.5 4 chairs ...... 0.0 0.0 0.5 0.3 5 chairs ...... 0.0 0.0 0.3 0.2 6 chairs ...... 0.0 0.0 0.3 0.2 7+ chairs ...... 0.0 0.0 0.2 0.2 Weighted Average ...... 0.0 0.0 0.8 0.5 1 EPA used the baseline asset value for the minimum (reported as low) and maximum (reported as high) revenue values by number-of-chairs category as the denominator for the ratio. Total proposed rule compliance costs, as described in Section XVI.B above, were assigned to each number-of-chairs category as the numerator for the ratio.
3. Ratio of the Proposed Rule’s Capital TABLE XVI–4—INITIAL SPENDING AS D. Economic Achievability Costs to Annual Dental Office Capital PERCENTAGE OF ESTIMATED AN- The analyses performed above Replacement Costs Results NUAL DENTAL OFFICE CAPITAL RE- 1 demonstrate the impact of this proposed EPA compared the estimated total PLACEMENT COSTS —Continued rule on the dental office sector. In the initial spending on the proposed rule’s cost-to-revenue analysis, EPA found that capital costs to the estimated capital Number of chairs Percent no more than 0.2% of offices, mostly in replacement costs across all chair-sizes. the lower revenue ranges, would The resulting values for the proposed 6 chairs ...... 2.9 potentially incur costs in excess of 3% option range from 2.9% to 3.5%, with 7 chairs ...... 3.5 of revenue. The two financial ratios a weighted average of 2.9% across all 8 chairs ...... 3.1 reported in Tables XVI–3 and XVI–4 chair size ranges. 9 chairs ...... 2.9 Weighted Average ...... 2.9 show that the proposed option would TABLE XVI–4—INITIAL SPENDING AS not cause dental offices to encounter Source: EPA Analysis. difficulty in financing initial spending PERCENTAGE OF ESTIMATED AN- 1 EPA estimated capital replacement costs, accounting for the total value of equipment on capital costs of the proposed NUAL DENTAL OFFICE CAPITAL RE- regulatory option. Based on the results 1 purchases for different numbers of chairs, and PLACEMENT COSTS the composition of purchases by equipment of the three analyses above in life category by number-of-chairs as the de- combination, and EPA’s inability at this Number of chairs Percent nominator for the ratio. Total proposed rule compliance costs, as described in Section time to conduct a traditional facility 1–2 chairs ...... 3.4 XVI.B, were assigned to each number-of- closure analysis, EPA has determined 3 chairs ...... 3.2 chairs as the numerator for the ratio. that the proposed pretreatment standard 4 chairs ...... 2.6 is economically achievable. EPA notes 5 chairs ...... 2.2 that, due to a lack of data, the economic
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63275
impact analyses did not include large average mercury loadings by dividing amount of mercury removed at the institutional facilities. However, the the total number of annual procedures dental office and prior to POTW results of the economic analyses by the total number of dentists discharge through existing chair side performed on a range of office sizes performing the procedure.24 This is the traps, vacuum pump filters, and/or indicate that this proposal is same approach and data that EPA amalgam separators as described below. economically achievable at every level. presented in its Health Services B. National Estimate of Annual Baseline Therefore, EPA projects the rule would Industry Detailed Study (EPA 821–R– Discharges of Mercury From Dental similarly be achievable for large 08–014). EPA did not receive comments Offices to POTWs institutional facilities. EPA requests on this part of the health study that comment on this projection and data to would cause EPA to reconsider its As described in Section VIII, EPA perform economic achievability approach, and, therefore, EPA did not estimates that 40% of dental offices analyses. change the overall methodology. The currently operate dental amalgam following sections describe the method separators. Thus, on a nationwide basis, E. Economic Impact for New Sources in more detail. approximately 65,000 dental offices EPA determined that this proposed currently do not have separators and A. Nationwide Estimate of Annual pretreatment standard for new sources 44,000 offices already have separators in Mercury Discharges From Dental Offices would not impose a barrier to entry. place. Of the offices that do not EPA relied on data describing the First, EPA estimated the amount of currently have separators in place, EPA equipment needs and costs for starting mercury potentially discharged assumed that 20% do not install or a dental practice as compiled in Safety nationwide through amalgam remove amalgam, but EPA requests Net Dental Clinic Manual, prepared by restorations. EPA’s main source of the comment on this assumption. For the the National Maternal & Child Oral data underlying all of the estimates remainder, based on information in its Health Resource Center at Georgetown related to restorations is Vandeven and record, EPA assumes all offices have University (see DCN DA00143). McGinnis, 2005 (DCN 00163). EPA chair side traps or a combination of Information from the Georgetown estimates 71 million restorations occur chair side traps and vacuum filters that Manual demonstrates that the amalgam at dental offices annually and that these result in 68% and 78% collection of separator capital costs (based on costs restorations are performed with one dental amalgam, respectively (Vandeven for existing model facilities as described amalgam capsule per restoration. Each and McGinnis). After accounting for in Section XI) comprised 0.3% to 0.4% amalgam capsule contains 450 mg of mercury reductions achieved through of the cost of starting a dental practice mercury and, on average, 75% of the existing chair side traps, vacuum filters, and, therefore, does not pose a barrier to capsule is used for the filling, with the and separators, as appropriate, EPA entry. remaining 25% remaining in the estimates the offices without separators capsule. Therefore, 340 mg of mercury that place or remove amalgam TABLE XVI–5—INITIAL SPENDING AS (75% of the capsule) are used per filling. collectively discharge a total of 4.4 tons PERCENTAGE OF ESTIMATED DENTAL Further, 9% of the 340 mg of mercury, of mercury to POTWs per year. The or 31 mg, is discharged to the POTW as OFFICE START-UP COSTS offices with separators collectively carvings and filings or other waste. discharge approximately 63 pounds of Thus, EPA estimates a total of 2.4 tons mercury to POTWs per year. Thus, EPA Number of chairs Percent 25 of mercury nationwide is discharged calculates the current nationwide 1–2 chairs ...... 0.4 annually to POTWs from restorations. annual baseline pounds of mercury Second, EPA modeled mercury 3 chairs ...... 0.4 discharged to POTWs from dental discharges from amalgam removals. 4 chairs ...... 0.3 offices to be 4.4 tons mercury (out of a 5 chairs ...... 0.3 Similar to restorations, EPA’s main total of the 31.4 tons mercury originally 6 chairs ...... 0.3 source of the data underlying all of the generated). See Chapter 10 of the TEDD 7 chairs ...... 0.4 estimates related to amalgam removals for more information. 8 chairs ...... 0.4 is Vandeven and McGinnis, 2005. Based 9 chairs ...... 0.3 on this information, EPA estimates C. National Estimate of Annual Baseline Weighted Average ...... 0.3 approximately 97 million amalgam Discharges of Other Metals Contained in Source: EPA Analysis. removals occur each year. An average of Amalgam From Dental Offices to 300 mg mercury is removed from the POTWs XVII. Pollutant Reductions to POTWs filling. Ninety percent of the removed and Surface Waters Amalgam is comprised of roughly filling is assumed to be discharged to 49% mercury, 35% is silver, 9% tin, 6% Consistent with its costing wastewater, and the other 10% is copper and 1% zinc 26 (DCN DA00131). methodology, EPA’s pollutant reduction handled as dry waste and/or gray As explained earlier in Section XI, EPA methodology assumes 2008 ISO 11143 bagged. Thus, EPA estimates 29 tons of concludes the technology basis for this amalgam separators on the market today mercury are discharged to POTWs from proposal would be equally effective in with BMPs, the proposed technology removals each year. reducing discharges of silver, tin, basis, would be used to comply with Summing the total mercury copper, and zinc as it is in reducing this proposed rule. As was the case for discharged from restorations plus that mercury. EPA similarly assumes chair costing, EPA does not have office associated with filling removals, 31.4 side traps and the combination of chair specific discharge data for the tons of mercury are potentially side traps and vacuum filters will result approximately 110,000 dental offices discharged annually to POTWs from in 68% and 78% collection of these potentially subject to this proposal. dental offices. However, these metals, respectively. Accordingly, after Instead, EPA has modeled the calculations do not account for the accounting for existing technologies at discharges of mercury based on dental offices, EPA estimates that in nationwide estimates of amalgam 24 Because this approach is based on the number restorations and removals, and did not of dentists, it includes those dentists both at offices and institutional facilities. 26 It also contains small amounts of indium and calculate the pollutant reductions on a 25 71 million restorations times 31 mg per palladium. EPA did not estimate discharges of these per office basis. Rather, EPA calculated restoration. two pollutants.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63276 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
addition to 4.4 tons of mercury, above, at baseline and prior to removed by an option by a toxic approximately 4.6 tons of these implementation of this proposal, EPA weighting factor (TWF). The toxic additional metals are discharged to estimates 4.4 tons of dental mercury is weighting factors account for the POTWs annually for a total metal collectively discharged annually to differences in toxicity among pollutants discharge to POTWs of 9 tons annually. POTWs. Based on the 50 POTW Study, and are derived using chronic aquatic EPA estimates POTWs remove 90% of D. National Estimate of Annual life criteria (or toxic effect levels) and the 4.4 tons mercury from the Pollutant Reductions to POTWs human health criteria (or toxic effect wastewater. Thus, POTWs collectively Associated With This Proposal levels) established for the consumption discharge 880 lbs of mercury from of fish. For this proposal, EPA used the 1. Mercury dental amalgam to surface waters annual pounds removed for mercury, EPA estimates the 52,000 offices that annually. Under this proposed rule, silver, tin, copper and zinc. The TWF install separators would obtain an 99.0% of the solid mercury currently for these pollutants is shown in Table additional 99.0% removal by amalgam discharged annually to POTWs will be XVIII–1. separator (median removal efficiency of removed prior to the POTW. The amalgam separators; see 7.1 of TEDD). POTWs then further remove 90% of TABLE XVIII–1—TOXIC WEIGHTING This would result in reduction of total total mercury from the wastewater. This FACTORS FOR POLLUTANTS IN DEN- mercury discharges to POTWs by 4.3 reduces the total amount of dental TAL AMALGAM tons. Because dissolved mercury mercury discharged from POTWs nationwide to surface water to 14 lbs of accounts for much less than 1% of total Total Mercury ...... 117.12 mercury (DCN DA00018), and because mercury annually. In other words, Silver ...... 16.47 amalgam separators are not effective in discharges of mercury to waters of the Tin ...... 0.30 removing dissolved mercury, the U.S. are expected to be reduced by 860 Copper ...... 0.63 27 dissolved mercury contribution and pounds per year. Similarly, EPA’s 50 Zinc ...... 0.05 associated reduction in loads is POTW Study data shows 79% to 88% of other metals in the wastewater are assumed to be negligible. EPA solicits EPA presents cost effectiveness in comment and data on this assumption. removed by POTWs. As explained above, EPA estimates 4.6 tons of other 1981 dollars as a reporting convention. 2. Other Metals metals are also collectively discharged This allows EPA to compare the cost- effectiveness of various ELGs. EPA As explained earlier in Section XI, annually to POTWs. Thus POTWs calculates cost-effectiveness as the ratio EPA concludes the technology basis for collectively discharge approximately of pre-tax annualized costs of an option this proposal would be equally effective 1,280 lbs of other metals to surface to the annual pounds-equivalent in reducing discharges of silver, tin, waters annually. Following compliance removed by that option, and for this copper, and zinc as it is in reducing with this proposed rule, the total proposal is expressed as the average mercury. Accordingly, EPA estimates a amount of other metal discharges from cost-effectiveness for the option. reduction of these metal discharges to POTWs nationwide to surface waters POTWs of approximately 4.5 tons. will be approximately 20 lbs or a Average cost-effectiveness can be reduction of 1,257 lbs. See TEDD for thought of as the ‘‘increment’’ between 3. Total Reductions more details. no regulation and the selected option for EPA estimates this proposal would any given rule. The technology basis for XVIII. Cost Effectiveness annually reduce mercury discharges by PSES in this proposal has a cost- 4.3 tons and other metal discharges by EPA also conducted an analysis of the effectiveness ratio of $181–$201/lb- 4.5 tons for a total annual reduction to cost-effectiveness of the proposed equivalent. This cost-effectiveness ratio POTWs of 8.8 tons. option. For more information about the falls within industry comparisons of methodology, data, and results see the PSES cost-effectiveness. A review of E. National Estimate of Annual cost effectiveness section of the TEDD. approximately 25 of the most recently Pollutant Reductions to Surface Waters The results of this cost-effectiveness promulgated or revised categorical Associated With This Proposal analysis are expressed in terms of the pretreatment standards demonstrates In order to evaluate final discharges of costs (in 1981 dollars) per pound- that PSES cost effectiveness ranges from mercury (and other metals) to waters of equivalent removed, where pounds- approximately $1/lb-equivalent the U.S. by the POTW, EPA used its 50 equivalent removed for a particular (Inorganic Chemicals) to $380/lb- POTW Study to calculate POTW pollutant is determined by multiplying equivalent (Transportation Equipment removals of each metal. As explained the number of pounds of a pollutant Cleaning) in 1981 dollars.
TABLE XVIII–2—PSES COST EFFECTIVENESS ANALYSIS
Pre-tax total Proposed option annualized costs Removals Average cost ($1981 M) (lbs-eq) effectiveness ADA National Survey ...... $23 113,152 $201 Colorado Survey ...... 21 113,152 181
27 Dissolved mercury accounts for a portion of surface water discharges, because amalgam separators do not remove dissolved mercury.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63277
XIX. Environmental Assessment subpart E provides that incineration of methylated dental mercury that is taken sludge must meet the requirements of up by fish and wildlife, the human A. Environmental Impacts the National Emissions Standards for consumption rates of fish contaminated EPA conducted a literature review Mercury in subpart E of 40 CFR part 61. with methylated dental mercury, and concerning potential environmental Environmental assessment of impacts the extent and magnitude of naturally- impacts associated with mercury in associated with POTW discharges of occurring mercury in aquatic dental amalgam discharged to surface dental mercury is complicated by environments. water by POTWs. See DCN DA00148. uncertainties about the fate and Studies indicate that dental offices are transport of mercury in aquatic B. Environmental Benefits the largest source of mercury entering environments. The elemental form of While EPA did not perform an POTWs. The total annual baseline mercury used in dentistry has low water environmental benefits analysis of this discharge of dental mercury to POTWs solubility and is not readily absorbed proposed rule, due to insufficient data is approximately 8,800 pounds (4.4 when ingested by humans, fish, or about the aquatic fate and transport of tons): 8,448 pounds are in the form of wildlife. However, elemental mercury dental mercury discharged by POTWs, solid particles and 352 pounds (4%) are may be converted into highly toxic EPA was able to assess the qualitative dissolved in the wastewater. Through methylmercury in aquatic environments environmental benefits based on POTW treatment, approximately 90% of by certain forms of anaerobic sulfur existing information. For example, EPA dental mercury is removed from the reducing bacteria. Methylmercury is identified studies that show that wastewater and transferred to sewage easily absorbed into muscle and fat decreased point-source discharges of sludge. The 10% of dental mercury not tissues, but it is not readily excreted due mercury to surface water result in lower removed by POTW treatment is to its low water solubility. methylmercury concentrations in fish. discharged to surface water. EPA Methylmercury thus has high potential Moreover, several studies quantified estimates that POTWs annually to become increasingly concentrated up economic benefits from improved discharge approximately 880 pounds of through aquatic food chains as larger human health and ecological conditions dental mercury nationwide. fish eat smaller fish. Fish commonly resulting from lower fish concentrations The CWA regulations known as eaten by humans may have of methylmercury. See DCN DA00148. Standards for Use and Disposal of methylmercury levels 100,000 times The proposed pretreatment standards Sewage Sludge, 40 CFR part 503, control that of ambient water. The neurological will produce human health and the land application, surface disposal, effects of consumption of ecological benefits by reducing the and incineration of sewage sludge methylmercury contaminated fish are estimated annual nationwide POTW generated by POTWs. Of the 11.2 billion well documented. Developmental discharge of dental mercury to surface dry pounds of sewage sludge generated effects to fetuses, infants, children, and water from 880 pounds to 14 pounds. annually, about 60%, or 6.7 billion women of childbearing age are of XX. Non-Water Quality Environmental pounds, are treated to produce biosolids special concern. Neurological effects Impacts Associated With the Proposed for beneficial use as a soil amendment from predation of methylmercury Technology Basis and applied to about 0.1% of contaminated fish have been agricultural lands in the United States documented to occur in wild Eliminating or reducing one form of (National Research Council, 2002). populations of fish, birds, and mammals pollution may cause other Approximately 4,800 pounds per year of in many areas of the United States. environmental problems. Sections dental mercury are contained in land A plausible link has been identified 304(b) and 306 of the Clean Water Act applied biosolids. between anthropogenic sources of require EPA to consider non-water Approximately 18%, or 2 billion mercury in the United States and quality environmental impacts pounds, of the sewage sludge generated methylmercury in fish. However, fish (including energy requirements) annually by POTWs are surface methylmercury concentrations also associated with effluent limitations disposed in facilities such as sewage result from existing background guidelines and standards. To comply sludge mono-fills or municipal landfills. concentrations of mercury which may with these requirements, EPA Approximately 1,400 pounds per year of consist of mercury from natural sources, considered the potential impact of the dental mercury are contained in surface mercury re-emitted from the oceans or collection and treatment technologies disposed sewage sludge. Pollutant limits soils, and mercury deposited in the on energy consumption, air pollution, and monitoring requirements for surface United States from sources in other and solid waste generation. EPA disposed sewage sludge mono-fills are countries. Given the current scientific anticipates that the proposed rule would set by 40 CFR part 503 and by 40 CFR understanding of the environmental fate produce minimal non-water quality part 258 for municipal landfills. There and transport of mercury, it is not impacts. The Administrator has may be additional state or local possible to quantify how much of the determined that these very minimal regulations that are more stringent than methylmercury in fish consumed by the impacts are acceptable. For additional the federal biosolids regulations. U.S. population is contributed by U.S. information on the analysis of these The remaining 22%, or 2.5 billion emissions relative to international non-water quality impacts, see the pounds, of sewage sludge generated mercury sources or natural mercury Technical and Economic Development annually by POTWs is disposed of sources. Document. through incineration. An estimated 35 EPA was unable to assess the specific pounds of dental mercury are emitted to environmental impacts of dental A. Energy Requirements the atmosphere annually from mercury discharged by POTWs due to Net energy consumption considers the incineration of sewage sludge (U.S. insufficient data needed to evaluate incremental electrical requirements EPA, 2005); about 11.5 pounds of which several fundamental factors about the associated with operating and are deposited within the conterminous discharge, fate, and transport of dental maintaining dental amalgam separators United States (U.S. EPA, 1997). 40 CFR mercury in aquatic environments, used in combination with BMPs that part 503, subpart E sets requirements for including: the degree and geographic form the technology basis for the the incineration of mercury and other extent of dental mercury methylation in proposed rule standards. As described toxic metals in sludge. For mercury, aquatic environments, the amount of in Section VI, an amalgam separator in
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63278 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
a dental office is installed between since EPA estimates 40% of dental compliance with the numeric standard chairs used for treatment and the offices have separators installed, with a (presumably using amalgam separators) vacuum pump. Amalgam separators use corresponding increase in collection of and implement the required BMPs. sedimentation, either alone or in used amalgam prior to POTW discharge 2. New Sources conjunction with filtration to remove and recycling of amalgam via the spent solids in the waste stream. Most separator canisters. EPA expects the For new sources, the compliance separators rely on gravity or the suction operation and maintenance deadline is governed by EPA’s of the existing vacuum system to requirements associated with the regulation at 40 CFR 403.6(b), which operate, and do not require an amalgam separator compliance option provides that additional electrical power source. As a included as part of the proposed rule New Sources shall install and have in result, EPA expects operation of an will further promote recycling as the operating condition, and shall ‘start-up’ all amalgam separator would pose primary means of amalgam waste pollution control equipment required to meet negligible additional energy management. EPA expects this proposed applicable Pretreatment Standards before requirements on the existing vacuum rule will not create additional solid beginning to Discharge. Within the shortest pump. waste, but will instead result in a shift feasible time (not to exceed 90 days), new While the vendor data used to support in how dental amalgam is handled. Sources must meet all applicable this proposed rule have not identified Nationally, EPA expects less dental Pretreatment Standards. incremental energy requirements for an amalgam will partition to the POTW B. Upset and Bypass Provisions amalgam separator, EPA is aware that wastewater sludge leading to reductions some units described in the literature in the amount of mercury currently land A ‘‘bypass’’ is an intentional diversion may require small pumps to remove applied, landfilled, or released to the air of the streams from any portion of a settled effluent from the separator (DCN during incineration. Instead, it will be treatment facility. An ‘‘upset’’ is an 00162). EPA found that these pumps are collected in separator canisters and exceptional incident in which there is designed to operate only at the end of recycled. Based on this evaluation of unintentional and temporary the day or overnight, when the vacuum solid waste generation, EPA concludes noncompliance with technology-based system is turned off. Any incremental there will be a reduction in non-water permit effluent limitations because of energy requirements in those cases quality impacts associated with solid factors beyond the reasonable control of where a small supplemental pump is waste generation as a result of this the permittee. EPA’s regulations for installed would be negligible compared proposed rule. indirect dischargers concerning to the energy demands of the vacuum bypasses and upsets are set forth at 40 pump. Based on this evaluation of XXI. Implementation and Proposed CFR 403.16 and 403.17. Changes to General Pretreatment energy requirements associated with C. Variances and Modifications this proposed rule, EPA concludes there Regulations in 40 CFR Part 403 will be no significant non-water quality A. Implementation Deadline The CWA requires application of impacts associated with the energy pretreatment standards established 1. Existing Sources requirements of this proposed rule. pursuant to sections 304 and 307 for all For existing sources, EPA proposes a indirect dischargers. However, the B. Air Emissions compliance date of three years after the statute provides for the modification of Unbound mercury is highly volatile effective date of the final rule. Section these national requirements in a limited and can easily evaporate into the 307(b)(1) of the CWA provides number of circumstances. Moreover, the atmosphere. An estimated 99.6% of categorical pretreatment standards Agency has established administrative dental mercury discharges are in solid ‘‘shall specify a time for compliance not mechanisms to provide an opportunity bound form; i.e. elemental mercury to exceed three years from the date of for relief from the application of the bound to amalgam particles (DCN promulgation.’’ See also 40 CFR national pretreatment standards for DA00018). Because the majority of 403.6(b). In proposing a compliance categories of existing sources. dental mercury is bound to solid date for existing sources subject to this 1. Fundamentally Different Factors particles, it likely will not volatize to proposed rule, EPA considered several Variance the atmosphere. Therefore, EPA expects factors. First, EPA considered the the proposed PSES and PSNS will not burden on Control Authorities (POTWs EPA may develop pretreatment pose any increases in air pollution. EPA with approved Pretreatment Programs) standards different from the otherwise concludes there will be no significant of implementing this rule on an applicable requirements if an individual non-water quality impacts associated industry consisting of approximately discharger is fundamentally different with air emissions as a result of this 110,000 dental offices, many of whom with respect to factors considered in proposed rule. are small businesses. EPA expects that establishing the standards applicable to these POTWs will need to develop and the individual discharger. Such a C. Solid Waste Generation implement new strategies and programs modification is known as a As explained above in Section XI, in for managing the enforcement and ‘‘fundamentally different factors’’ (FDF) the absence of amalgam separators, a compliance of these pretreatment variance. See 40 CFR 403.13. EPA, in its portion of the amalgam rinsed into chair standards given that the number of initial implementation of the effluent side drains is collected by chair side possibly affected facilities is guidelines and standards program, traps. The remainder is discharged to approximately 10 times the total provided for the FDF modifications in the POTW where the vast majority is number of dischargers currently regulations. These were variances from removed from the wastewater and regulated under any categorical the BCT effluent limitations, BAT becomes part of the POTW sludge that pretreatment standard. EPA expects that limitations for toxic and may be land applied, disposed of in POTWs will need time to conduct nonconventional pollutants, and BPT landfills or mono-fills, or incinerated. outreach to dental offices subject to this limitations for conventional pollutants This proposed rule is expected to proposed rule. Moreover, EPA envisions for direct dischargers. FDF variances for increase the use of amalgam separators that dental offices may use the entire toxic pollutants were challenged nationwide by one and a half times, three year period to come into judicially and ultimately sustained by
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63279
the Supreme Court. (Chemical impact considered during development incompatible with the operation of Manufacturers Association v. Natural of the pretreatment standards. The POTWs, including sludge disposal Resources Defense Council, 479 U.S.C. legislative history of section 301(n) of methods at POTWs. The General 116 (1985)). the CWA underscores the necessity for Pretreatment Regulations require Subsequently, in the Water Quality the FDF variance applicant to establish POTWs that meet certain criteria (e.g. Act of 1987, Congress added new CWA eligibility for the variance. EPA’s minimum design flow) to develop section 301(n). This provision explicitly regulations at 40 CFR 403.13 are explicit Pretreatment Programs to control authorizes modifications of the in imposing this burden upon the industrial Discharges into their sewage otherwise applicable BAT effluent applicant. The applicant must show that collection systems, unless the state limitations or categorical pretreatment the factors relating to the discharge exercises its option to assume local standards for existing sources if a controlled by the applicant’s permit responsibilities as provided in EPA’s discharger is fundamentally different which are claimed to be fundamentally regulations at 40 CFR 403.10(e) and (f). with respect to the factors specified in different are, in fact, fundamentally Today there are an estimated 1500 CWA section 304 or 403 (other than different from those factors considered approved POTW Pretreatment Programs. costs) from those considered by EPA in by EPA in establishing the applicable As required under 40 CFR part 403, establishing the effluent limitations or pretreatment standards. In practice, very Control Authorities implement and pretreatment standards. CWA section few FDF variances have been granted for enforce control mechanisms (e.g., 301(n) also defined the conditions past ELGs. An FDF variance is not permits) to the Industrial Users (IUs) under which EPA may establish available to a new source subject to that discharge to their systems, inspect alternative requirements. Under section PSNS. and sample, and enforce control 301(n) of the CWA, an application for requirements in order to protect the 2. Economic Variances approval of a FDF variance must be POTW against discharges which ‘‘pass based solely on (1) information Section 301(c) of the CWA authorizes through’’ or cause interference’’ with the submitted during rulemaking raising the a variance from the otherwise applicable POTW (see 40 CFR 403.3(p) and (k)). factors that are fundamentally different PSES and PSNS for nonconventional or (2) information the applicant did not pollutants due to economic factors. As 2. Approval Authority have an opportunity to submit. The this rule controls toxic pollutants and The Director in an NPDES state with alternate limitation or standard must be only controls nonconventional an approved state Pretreatment Program no less stringent than justified by the pollutants that are also found in the may be authorized to serve as the difference and must not result in same waste stream, this variance would Approval Authority for the markedly more adverse non-water not be applicable to this particular rule. implementation of a general quality environmental impacts than the pretreatment program. (40 CFR D. What are the roles of key entities national limitation or standard. 403.3(c)). Thirty-six states have such involved in implementing the rule and EPA regulations at 40 CFR part 403, approved Pretreatment Programs and how are pretreatment standards authorizing the Regional Administrators are authorized to serve as Approval implemented? to establish alternative standards, Authorities for implementation of the further detail the substantive criteria EPA recognizes the role of many Pretreatment Program. In a non-NPDES used to evaluate FDF variance requests interested parties in the development of, state or an NPDES state without an for existing dischargers to POTWs. and, ultimately, the successful approved state Pretreatment Program, Thus, 40 CFR 403.13(d) identifies six implementation of pretreatment the EPA Regional Administrator is the factors (e.g., volume of process standards for dental dischargers. To the Approval Authority. wastewater, age and size of a greatest extent possible, EPA has discharger’s facility) that may be attempted to strike a reasonable balance 3. EPA considered in determining if a among the many interests. A short EPA establishes and implements discharger is fundamentally different. summary of the various roles involved national regulations for Pretreatment The Agency must determine whether, in implementing categorical Programs and categorical pretreatment based on one or more of these factors, pretreatment standards is provided standards for certain industries such as the discharger in question is below. the pretreatment standards for dental fundamentally different from the amalgam proposed today. EPA also 1. Control Authorities dischargers and factors considered by develops policy and guidance and EPA in developing the nationally The ‘‘Control Authority’’ refers to the provides training and oversight for applicable pretreatment standards. The POTW if the POTW has an approved Pretreatment Program implementation. regulation also lists four other factors Pretreatment Program, or the Approval As noted above, EPA’s Regional (e.g., inability to install equipment Authority if it has not been approved, Administrator serves as the Approval within the time allowed or a which may be the state or EPA. A Authority for a non-NPDES state or an discharger’s ability to pay) that may not POTW is a treatment works as defined NPDES state without an approved state provide a basis for an FDF variance. In by section 212(2) of the CWA, which is Pretreatment Program, and as the addition, under 40 CFR 403.13(c)(2), a owned by a state or municipality (as Control Authority for POTWs without request for standards less stringent than defined in CWA sections 502 (3) and (4), an approved Pretreatment Program in the national standard may be approved respectively). (see 40 CFR 403.3(q).) these states. only if compliance with the POTWs collect wastewater from homes, pretreatment standards would result in commercial buildings, and industrial 4. Industrial Dischargers (i.e. Dentists) either (a) a removal cost wholly out of facilities and typically transport it via a IUs of POTWs must comply with proportion to the removal cost series of pipes, known as a collection Pretreatment Standards prior to considered during development of the system, to the treatment plant. Most introducing pollutants into a POTW. pretreatment standards, or (b) a non- POTWs are not designed to treat the The General Pretreatment Regulations water quality environmental impact toxics in commercial and industrial include general prohibitions that forbid (including energy requirements) wastes, which can cause pass through, IUs from causing pass through and fundamentally more adverse than the interfere with, or are otherwise interference (i.e., cause the POTW to
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63280 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
violate its permits limits, or interfere finding, the Control Authority may H. When is a dental office a DIU? with the operation of the POTW or the exclude facilities meeting the NSCIU Under the proposed rule, a dental beneficial use of its sewage sludge), and criteria from the SIU definition and its discharger is given the option of specific prohibitions against the minimum oversight requirements. A complying with monitoring and discharge of pollutants that cause Control Authority may not exclude CIUs reporting requirements in 40 CFR problems at the POTW such as from the requirements of the categorical 441.60, which are tailored for dental corrosion, fire or explosion, and danger pretreatment standards. dischargers, in lieu of the otherwise to worker health and safety. As applicable monitoring and reporting discussed in this document, EPA may F. Why is EPA revising the existing requirements in 40 CFR part 403. If a also develop national categorical General Pretreatment Regulations? dental discharger complies with (1) the pretreatment standards, including special monitoring and reporting numeric pollutant limits and BMPs, for EPA proposes to amend selected parts requirements in 40 CFR 441.60, (2) the IUs in specific industrial categories. The of the General Pretreatment Regulations remaining 40 CFR part 403 General Pretreatment Regulations in order to simplify oversight requirements, and the applicable include reporting and other requirements for the approximately pretreatment standards (PSES or PSNS), requirements necessary to implement 110,000 dental offices subject to this then the Control Authority may treat the these categorical standards (e.g., 40 CFR proposed rule. As mentioned in dental discharger as a DIU. The DIU 403.12). paragraph E. of this section, when EPA promulgates categorical industrial must maintain compliance in order to E. What are the Control Authority pretreatment standards, as defined in 40 retain its DIU status. requirements under existing General CFR part 403, affected dischargers are Pretreatment Regulations? I. When is a dental office not a DIU? referred to as Categorical Industrial The current regulations require If the dental office does not meet the Users (CIUs). The number of dental requirements to be treated as a DIU, certain minimum oversight of IUs by offices that would be subject to this Control Authorities, which are typically under this proposal the Control proposed rule is approximately ten Authority must treat the dental POTWs with Approved Pretreatment times the current number of Categorical Programs but could be states or EPA discharger as a Significant Industrial Industrial Users. EPA recognizes User as defined in 40 CFR 403.3(v). As acting as Pretreatment Control regulatory oversight of this increased Authorities. The required minimum a Significant Industrial User, the POTW number of CIUs would need to be very oversight includes receipt and analysis Control Authority would be required to different from regulating the current of reports and other notices submitted conduct the oversight duties applicable number of CIUs. Using the existing by IUs, randomly sampling and to SIUs as described in 40 CFR 403.8(f). regulatory framework, enforcement of analyzing effluent from IUs, and J. What oversight responsibilities for conducting surveillance activities to categorical pretreatment regulation on this industry would require an increase DIUs is EPA proposing for Control identify occasional and continuing non- Authorities? compliance with pretreatment in local, state and federal resources standards. In addition, for IUs whereas EPA does not expect such This proposal would require that a designated as significant industrial efforts to result in greater environmental Control Authority evaluate, at least once users (SIUs), per 40 CFR 403.3(v), benefit. EPA is focused on providing per year, whether an IU previously Control Authorities must inspect and technical means to reduce determined to be a DIU still meets the sample the SIU effluent annually, administrative burden to dentists and criteria for treatment as a DIU under 40 review the need for a slug control plan, Control Authorities, while still CFR 441.60. EPA anticipates that this and issue a Permit or equivalent control providing a clear understanding of who evaluation will primarily involve the mechanism with a duration not to is affected and what they are expected Control Authority’s verification that the exceed five years (40 CFR 403.8(f)(1)(iii) to do, as well as achieving the projected certification has been submitted by the and 403.8(f)(2)(v), 403.10(e) and pollutant reductions. EPA estimates that dental office documenting continued 403.10(f)(2)(i)). Control authorities may these changes to the Existing General eligibility for DIU status. In accordance determine that an industrial user is a Pretreatment Standards would reduce with 40 CFR 403.8(f)(2)(viii)(F), a dental non-significant categorical industrial costs to POTWs to implement and discharger would be in significant user or that an industrial user is not an enforce this proposed rule by $47 noncompliance if it fails to provide any SIU (see 40 CFR 403.3(v)(2) and (v)(3)). million annually (see TEDD). required report within 45 days of the Facilities that are subject to due date or if the Control Authority categorical pretreatment standards G. What changes is EPA proposing to elects to inspect the facility and finds contained in regulations in 40 CFR the General Pretreatment Standards? the facility is not in compliance with 40 Chapter I, subchapter N are referred to CFR 441.60. Upon discovery that a as Categorical Industrial Users (CIUs). EPA proposes a new classification of dental office is not in compliance with The regulations related to SIU at 40 CFR CIU specifically tailored to the Dental regulations at 40 CFR 441.60 (either 403.3(v) define SIU to include CIUs, but Office Effluent Limitations Guidelines reporting requirements, 403, or 441 also provide that a Control Authority and Standards rule, ‘‘Dental Industrial PSES/PSNS requirements), the Control may determine that a CIU may be a Non- User’’ (DIU). EPA proposes that such Authority must initiate enforcement in Significant Categorical Industrial User Users not be subject to the oversight accordance with its approved (NSCIU) if certain conditions are met. requirements for SIUs (i.e., control Pretreatment Program to return the (see 403.3(v)(1) and (v)(2)). State mechanism issuance requirement, dental discharger into compliance. In Approval Authorities and POTW annual inspection and sampling order for the Control Authority to Control Authorities who have the legal requirements). Rather, EPA proposes to continue to treat the dentist as a DIU, authority to implement the NSCIU allow Control Authorities to focus their the Control Authority would need to classification may find some of their oversight efforts on those dental office verify and find, through an inspection, CIUs satisfy the qualifying conditions of facilities that fail to meet the that the dental discharger has returned NSCIU at 40 CFR 403.3(v)(2). Upon such compliance requirements of the DIU. to full compliance with the criteria in 40
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63281
CFR 441.60. If, within 90 days, the that legal authority is adopted. The Program may instead assume local Control Authority inspects, verifies, and General Pretreatment Regulations responsibilities as provided in 40 CFR finds that the dental discharger has describe conditions which must be met 403.10(e). EPA anticipates that the returned to full compliance with 40 CFR in order for the Control Authority to use approved states will choose to carry out 441.60, then the dental discharger a general control mechanism in lieu of the oversight activities themselves would remain a DIU. The 90 day an individual permit or control rather than requiring a POTW to compliance deadline is consistent with mechanism. Provided that the Control develop a full Pretreatment Program other portions of 40 CFR part 403 (e.g., Authority adopted the necessary legal solely to regulate its dental dischargers. significant noncompliance compliance authority and modified its Pretreatment report deadlines, 90 day report after Program to incorporate such authority N. Would states or municipalities that effective dates of categorical standards), and procedures, the Control Authority already implement Dental Amalgam and provides both the dental discharger may use a general control mechanism or Control Programs need to modify their and Control Authority with an incentive ‘‘general permit’’ for facilities that meet regulations? to provide a timely return to certain minimum criteria for being The proposed rulemaking would not compliance. If the dental discharger has considered substantially similar. The affect existing state and local not returned to compliance within 90 use of general control mechanisms requirements that control discharges of days of the initial noncompliance, the allows the permitting authority to dental amalgam. However, states with Control Authority could no longer treat allocate resources in a more efficient approved state programs and POTWs the dental discharger as a DIU and the manner and to provide timelier permit with approved Pretreatment Programs dental discharger would become a coverage, particularly in the would need to enforce the federal Significant Industrial User. Control circumstances of covering large requirements at a minimum. The new Authorities are required to provide numbers of similar facilities under a federal requirements include removal of oversight of SIUs which includes single mechanism. EPA considers that at least 99.0% of total mercury from inspection and sampling of each SIU most dental offices generally will amalgam discharges which can be annually, reviewing the need for a slug conform to these requirements and accomplished through proper use of a control plan, and issuing a Permit or could appropriately be covered by a 2008 ISO 11143 certified amalgam equivalent control mechanism with a general control mechanism issued by a separator with a removal efficiency of at duration not to exceed five years (40 Control Authority. The use of a general least 99.0%. The proposal at part CFR 403.8(f)(1)(iii) and (f)(2)(v) and control mechanism also ensures 441.40(d) would allow dentists 403.10(f)(2)(i)). consistency of permit conditions for currently operating amalgam separators similar facilities. Additional K. Can a dental office DIU be a Non- no less efficient than 95% to continue information on the use of general Significant Industrial User (NSCIU)? to operate their separators for ten years control mechanisms may be found in EPA does not propose to prohibit a before they would be required to meet the Federal Register of October 14, 2005 the 99% removal standard. Where Control Authority from finding that a (70 FR 60143). dental office may qualify as an NSCIU ongoing state or POTW Control on an individual basis. State Approval M. Would any POTW with a dentist Authority programs require additional Authorities and POTW Control office in its service area be required to information or implementation Authorities who have the legal authority develop a Pretreatment Program? requirements, the Control Authority to implement the NSCIU classification In accordance with 40 CFR 403.8(a), must implement and enforce both may find that one or more of their POTWs (or combination of POTWs program requirements and, for dental office CIUs may qualify as operated by the same authority) with a overlapping requirements, the more NSCIUs. However, since its total design flow greater than 5 million stringent of the two programmatic promulgation in 2005, many state gallons per day and receiving pollutants requirements. Approval Authorities and POTW from IUs which pass through or O. Will states or municipalities that Control Authorities have not adopted interfere with the operation of the already implement Dental Amalgam regulations to implement the NSCIU POTW or are otherwise subject to Control Programs need to issue control classification. EPA believes that the DIU Pretreatment Standards are required to mechanisms or permits to impose classification, tailored for this single establish a POTW Pretreatment Program requirements that are more stringent categorical pretreatment standard, while unless the state with an approved than the federal requirements? comparable to the NSCIU classification, Pretreatment Program exercises its would be preferable, because it would option to assume local responsibilities The legal authority requirements for a significantly reduce the Control as provided for in 40 CFR 403.10(e). For POTW Pretreatment program only Authority’s burden in complying with smaller POTWs, POTWs that have a require issuance of an individual or the oversight requirements that would design flow of 5 million gallons per day general control mechanism to SIUs, 40 otherwise apply. or less, the Regional Administrator or CFR 403.8(f)(2)(1)(iii)(A). The proposed state Director may require the POTW to regulation modification in the General L. Can Dental Industrial Users be develop a local Pretreatment Program if Pretreatment Regulations is to establish covered under a general permit? the nature or volume of the industrial a new DIU classification of Industrial Although this proposed rule does not influent, treatment process upsets, User. The proposal indicates that a DIU require a Control Authority to regulate violations of POTW effluent limitations, will not be a Significant Industrial User. DIUs as SIUs thereby requiring the contamination of municipal sludge, or Where the state or POTW existing Control Authority to issue a control other circumstances warrant such dental amalgam control programs are mechanism, designation of a dental development in order to prevent equal to or less stringent than this office subject to 40 CFR part 441 as a interference or pass through. proposal, and the state or Control DIU does not preclude a Control Interference and pass through are Authority adopt and have their Authority’s option to regulate the dental defined at 40 CFR 403.3(k) and (p), Pretreatment Programs appropriately office under a general control respectively. As noted above, a state approved to incorporate EPA’s DIU mechanism, 40 CFR 403.8(f)(1)(iii)(A), if with an Approved state Pretreatment provisions, dental offices compliant
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63282 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
with the DIU classification will not need flexibility and are not required to be the proposed rule. EPA estimates that to be issued a control mechanism. incorporated into the state or POTW’s there would be no start-up or capital Pretreatment Program. However, for costs associated with the information P. What reports would dental Control Authorities to designate dental described above. Burden is defined at 5 dischargers be required to submit? offices as DIUs, the state and POTW CFR 1320(b). Existing and new dental dischargers Pretreatment program would need to An agency may not conduct or could comply with the special reporting incorporate these changes into their sponsor, and a person is not required to requirements in 40 CFR part 441 in lieu legal authority under 40 CFR 403.8(f)(l). respond to, a collection of information of the otherwise applicable reporting unless it displays a currently valid OMB requirements in 40 CFR part 403 by XXII. Statutory and Executive Order control number. The OMB control submitting the Baseline Report (40 CFR Reviews numbers for EPA’s regulations in 40 441.60(a)(1)) and the 90 Day A. Executive Order 12866: Regulatory CFR are listed in 40 CFR part 9. Compliance Report (40 CFR Planning and Review and Executive To comment on the Agency’s need for 441.60(a)(2)) and Periodic Monitoring Order 13563: Improving Regulation and this information, the accuracy of the reports (40 CFR 441.60(a)(3)). Regulatory Review provided burden estimates, and any Submission of these reports would suggested methods for minimizing Under Executive Order 12866 (58 FR satisfy the reporting requirements in 40 respondent burden, EPA has established 51735, October 4, 1993), this action is a CFR parts 403 and 441. Dental a public docket for this proposed rule, ‘‘significant regulatory action.’’ dischargers who do not submit reports which includes this ICR, under Docket Accordingly, EPA submitted this action consistent with the requirements in 40 identification ID number EPA–HQ–OW– to the OMB for review under Executive CFR 441.60 would be required to submit 2014–0693. Submit any comments Orders 12866 and 13563 (76 FR 3821, the reports described in 40 CFR related to the ICR to EPA and OMB. See January 21, 2011) and any changes made 403.12(b), (d), and (e). ADDRESSES section in this document for in response to OMB recommendations where to submit comments to EPA. Q. Can the DIU designate a contractor have been documented in the docket for Since OMB is required to make a or contract vendor to submit this action. decision concerning the ICR between 30 Compliance Reports to the Control B. Paperwork Reduction Act and 60 days after October 22, 2014, a Authority or EPA? The information collection comment to OMB is best assured of In accordance with 40 CFR 403.12(l), requirements in this proposed rule have having its full effect if OMB receives it Baseline Monitoring Reports, 90-day been submitted for approval to the OMB by November 21, 2014. The final rule Compliance Reports, and Periodic under the Paperwork Reduction Act, 44 will respond to any OMB or public monitoring reports (40 CFR 403.12(b), U.S.C. 3501 et seq. The Information comments on the information collection (d), and (e), respectively) must be signed Collection Request (ICR) document requirements contained in this proposal. by (1) a responsible corporate officer of prepared by EPA has been assigned EPA the IU if it is a corporation; (2) a general C. Regulatory Flexibility Act ICR number 2514.01. To reduce the partner or proprietor if the IU is a overall costs associated with this rule, The Regulatory Flexibility Act (RFA) partnership or sole proprietorship; or (3) in lieu of discharge monitoring, generally requires an agency to prepare a duly authorized representative of the proposed 40 CFR 441.60 allows dentists a regulatory flexibility analysis of any responsible corporate officer, general to certify compliance with requirements rule subject to notice and comment partner, or proprietor if the for amalgam capture and certain BMPs. rulemaking requirements under the authorization specifies either an For purposes of this estimate, EPA Administrative Procedure Act or any individual or a position having assumed all affected dentists would other statute unless the agency certifies responsibility for the overall operation elect to comply with this proposal that the rule will not have a significant of the facility from which the industrial through certification rather than economic impact on a substantial discharge originates, such as the discharge monitoring. EPA estimates it number of small entities. Small entities position of plant manager or a position would take a total annual average of include small businesses, small of equivalent responsibility for 153,000 hours 29 and $2.5 million for organizations, and small governmental environmental matters for the company affected dental offices to collect and jurisdictions. and the written authorization is report the information required for For purposes of assessing the impacts submitted to the Control Authority.28 certification in the proposed rule. This of this proposed rule on small entities, This does not preclude a third-party estimate includes effort for each dental small entity is defined as: (1) A small from submitting the reports as long as office associated with completing the business in the Dental Office sector the submission includes the proper baseline monitoring report, a one-time (NAICS 621210) with annual receipts of signature from the DIU. compliance report and an annual 7 million dollars or less (based on SBA R. Would Control Authorities need to compliance certification for each year of size standards); (2) a small modify their Sewer Use Ordinance and a three year ICR. This estimate is based governmental jurisdiction that is a state regulations, respectively, to on average labor rates from the Bureau government of a city, county, town, incorporate these changes to 40 CFR of Labor Statistics for the dental office school district or special district with a part 403? personnel involved in collecting and population of less than 50,000; and (3) a small organization that is any not-for- The proposed changes to 40 CFR part reporting the information required. EPA estimates it would take a total annual profit enterprise which is independently 403 to create the DIU classification are owned and operated and is not changes that the Control Authority may average of 17,400 hours and $960,000 for control authorities to review the dominant in its field. adopt at its discretion. The changes to EPA estimates that 109,600 dental information submitted by dentists that 40 CFR part 403 provide program offices out of 109,859 dental offices certify they meet the requirements in potentially subject to this proposal meet 28 Today’s proposal does not apply to third-party vendors because they are not dental dischargers, 29 This estimate reflects approximately three the small business definition. EPA’s and therefore, as such, EPA cannot compel a third- hours per office in the first year and one hour each analysis of projected impacts on small party vendor to meet any reporting requirements. subsequent year. dental offices is described in detail in
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63283
Section XVI. EPA projects less than 1% has not identified any dental offices that Federal government and Indian Tribes. of 109,859 affected dental offices would are owned by small governments. While This proposed rule contains no Federal incur compliance costs exceeding 1% of this proposal would impact government mandates for Tribal governments and revenue and no more than 0.2% would entities required to administer the does not impose any enforceable duties incur compliance costs exceeding 3% of proposed pretreatment standards, EPA on Tribal governments. Thus, Executive revenue. After considering the economic does not expect that this would include Order 13175 does not apply to this rule. impact of this proposed rule on small any small governments. By statute, a EPA specifically solicits additional entities, I certify that this action will not small government jurisdiction is defined comment on this proposed action from have a significant economic impact on as a government of a city, county, town, Tribal officials. a substantial number of small entities. school district or special district with a G. Executive Order 13045: Protection of Although this proposed rule will not population of less than 50,000 (5 U.S.C. Children From Environmental Health have a significant economic impact on 601). As explained in Section XXI, and Safety Risks a substantial number of small entities, control authorities are responsible for EPA nonetheless has tried to reduce the oversight and administration associated Executive Order 13045 (62 FR 19885, impact of this proposed rule on small with this proposal. To qualify as a April 23, 1997) applies to rules that are entities. First, while some amalgam Control Authority, a POTW must have economically significant according to separators currently used at some a flow of at least 5 million gallons per Executive Order 12866 and involve a dentists are certified to meet slightly day. The average water use per person health or safety risk that may less mercury removal than required in is 100 gallons per day so a POTW with disproportionately affect children. This this proposed rule (e.g., they are a population less than 50,000 would action is not subject to Executive Order certified to remove 95% total mercury), likely have a flow less than 5 MGD. 13045 because it is estimated to cost less this proposal would allow dentists with Therefore, EPA does not expect small than $100 million and does not involve existing separators to satisfy the government owned POTWs would meet a safety or health risk that may have requirements for a period of up to 10 the definition of a Control Authority. disproportionately negative effects on years. See Section XIV. In addition, this children. The proposed rule will reduce proposed rule includes a compliance E. Executive Order 13132: Federalism the amount of mercury from dental option that would allow dental offices This proposed rule would not have amalgam entering POTW’s and subject to the rule to certify proper federalism implications. It would not eventually the nation’s waters, which operation of a widely available, have substantial direct effects on the will reduce impacts to the neurological inexpensive technology that meets states, on the relationship between the development of children. national government and the states, or certain requirements in combination H. Executive Order 13211: Energy with BMPs in lieu of conducting more on the distribution of power and Effects onerous discharge monitoring responsibilities among the various requirements that would otherwise be levels of government, as specified in This proposed rule is not a associated with pretreatment standards. Executive Order 13132. The proposed ‘‘significant energy action’’ as defined in Finally, EPA has tried to minimize rule would not alter the basic state- Executive Order 13211, ‘‘Actions impacts to small governments federal scheme established in the CWA Concerning Regulations That responsible for Pretreatment Programs under which EPA authorizes states to Significantly Affect Energy Supply, by proposing to amend the General carry out the NPDES permit program. Distribution, or Use’’ (66 FR 28355, May Pretreatment Regulations to create the EPA expects the proposed rule would 22, 2001) because it is not likely to have DIU classification. The DIU have little effect on the relationship a significant adverse effect on the classification reduces oversight between, or the distribution of power supply, distribution, or use of energy, as responsibilities for Control Authorities and responsibilities among, the federal described in Section XX of this from the current regulatory scheme, and state governments. Thus, Executive proposal. EPA determined that any while at the same time achieving the Order 13132 does not apply to this additional energy usage would be projected pollutant reductions. We proposed rule. insignificant to the total energy usage of continue to be interested in the EPA coordinated closely with states, Dental Offices and total annual U.S. potential impacts of the proposed rule via ECOS and local governments and energy consumption. with NACWA, throughout the on small entities and welcome I. National Technology Transfer development of this proposed rule. In comments on issues related to such Advancement Act impacts. the spirit of Executive Order 13132, and consistent with EPA policy to promote Section 12(d) of the National D. Unfunded Mandates Reform Act communications between EPA and state Technology Transfer and Advancement (UMRA) and local governments, EPA specifically Act (NTTAA) of 1995, (Pub. L. 104–113; This proposed rule does not contain solicits comment on this proposed rule 15 U.S.C. 272 note) directs EPA to use a Federal mandate that may result in from state and local officials. voluntary consensus standards in its expenditures of $100 million or more regulatory activities unless to do so for state, local, and tribal governments, F. Executive Order 13175: Consultation would be inconsistent with applicable in the aggregate, or the private sector in and Coordination With Indian Tribal law or otherwise impractical. Voluntary any 1 year. As explained in Section XVI, Governments consensus standards are technical the annual cost of the proposed rule is This proposed rule does not have standards (e.g., materials specifications, $44–$49 million. Thus, this proposed tribal implications, as specified in test methods, sampling procedures, and rule is not subject to the requirements Executive Order 13175 (65 FR 67249, business practices) that are developed or of sections 202 or 205 of UMRA. November 6, 2000). It would not have adopted by voluntary consensus The proposal is also not subject to the substantial direct effects on Tribal standard bodies. The NTTAA directs requirements of section 203 of UMRA, governments, on the relationship EPA to provide Congress, through OMB, because it contains no regulatory between the Federal government and explanations when the Agency decides requirements that may significantly or Indian Tribes, or on the distribution of not to use available and applicable uniquely affect small governments. EPA power and responsibilities between the voluntary consensus standards.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63284 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
This proposed rulemaking involves List of Subjects in 40 CFR Parts 403 and response plan. If the dental discharger technical standards. The International 441 has not returned to compliance within Organization for Standardization (ISO) Environmental protection, Dental, 90 days of the initial noncompliance, developed efficiency standards for Dental office, Dentist, Mercury, the POTW may no longer treat the amalgam separators (ISO 11143) in 1999 Pretreatment, Waste treatment and dental discharger as a DIU and must and updated these standards in 2008. disposal, Water pollution control. treat the dental discharger as a SIU. EPA proposes to use ISO 11143 2008. Upon verification by the POTW through This voluntary standard setting Dated: September 23, 2014. an inspection and a finding that the organization established a standard for Gina McCarthy, dental discharger has complied with all measuring amalgam separator efficiency Administrator. of the applicable requirements in by evaluating the retention of amalgam Therefore, it is proposed that 40 CFR § 403.3(v)(4), the dental discharger may mercury using specified test procedures parts 403 and 441 be amended as be considered a DIU. in a laboratory setting. It also includes follows: * * * * * requirements for instructions for use ■ 4. Add part 441 to read as follows: and operation and maintenance. PART 403—GENERAL EPA welcomes comments on this PRETREATMENT REGULATIONS FOR PART 441—DENTAL OFFICE aspect of the proposed rulemaking and, EXISTING AND NEW SOURCES OF (MERCURY AMALGAM) POINT specifically, invites the public to POLLUTION SOURCE CATEGORY identify potentially-applicable voluntary consensus standards and to ■ 1. The authority citation for part 403 Sec. explain why such standards should be continues to read as follows: 441.10 Applicability. used in this regulation. 441.20 General definitions. Authority: 33 U.S.C. 1251, 1311, 1314, 441.30 General pretreatment requirements. J. Executive Order 12898: Federal 1316, 1317, 1318, 1342, and 1361. 441.40 Pretreatment standards for existing Actions To Address Environmental ■ 2. In § 403.3, add paragraph (v)(4) to sources (PSES). Justice in Minority Populations and read as follows: 441.50 Pretreatment standards for new Low-Income Populations sources (PSNS). § 403.3 Definitions. 441.60 Discharge monitoring, reporting, and Executive Order 12898 (59 FR 7629, * * * * * recordkeeping requirements. Feb. 16, 1994) establishes federal (v) * * * Authority: 33 U.S.C. 1251, 1311, 1314, executive policy on environmental (4) An industrial user subject to 1316, 1317, 1318, 1342, and 1361. 42 U.S.C. justice. Its main provision directs categorical Pretreatment Standards 13101 et seq. federal agencies, to the greatest extent under 40 CFR part 441 is designated a practicable and permitted by law, to Dental Industrial User (DIU) rather than § 441.10 Applicability. make environmental justice part of their a Significant Industrial User (SIU) if the (a) Except as provided in paragraphs mission by identifying and addressing, Industrial User (IU) has complied with (b) and (c) of this section, the provisions as appropriate, disproportionately high 40 CFR part 403, the applicable of this part are applicable to discharges and adverse human health or pretreatment standards for existing of wastewater to publicly owned environmental effects of their programs, sources (PSES) or pretreatment treatment works from facilities where policies, and activities on minority standards for new sources (PSNS) and the practice of dentistry is performed populations and low-income the monitoring and reporting (‘‘dental dischargers’’), including but populations in the United States. requirements of 40 CFR 441.60. If a DIU not limited to institutions, permanent or EPA has determined that this has not complied with these temporary offices, clinics, mobile units, proposed rule will not have requirements and standards, such IU home offices, and facilities, and disproportionately high and adverse will be considered a SIU until the including dental facilities owned and human health or environmental effects Control Authority evaluates the IU as operated by Federal, state, or local on minority or low-income populations. specified in § 403.8(f)(2)(v)(D). governments. While EPA was unable to perform a (b) The provisions of this part do not detailed environmental justice analysis * * * * * ■ apply to process wastewater discharges because it lacks data on the location of 3. In § 403.8, add paragraph (f)(2)(v)(D) to read as follows: from dental dischargers which POTWs to which dental discharges exclusively practice one or more of the currently occur, the proposal would § 403.8 Pretreatment Program following dental specialties: oral increase the level of environmental Requirements: Development and pathology, oral and maxillofacial protection for all affected populations Implementation by POTW. radiology, oral and maxillofacial without having any disproportionately * * * * * surgery, orthodontics, periodontics, or high and adverse human health or (f) * * * prosthodontics; environmental effects on any (2) * * * (c) Dental Dischargers will be exempt population, including any minority or (v) * * * from any further requirements of this low-income population. The proposed (D) Where the publicly owned rule so long as they: rule will reduce the amount of mercury treatment works (POTW) finds that an (1) Do not place or remove amalgam from dental amalgam entering POTW’s Industrial User (IU) meets the criteria except in limited emergency and eventually the nation’s waters, to for classification as a Dental Industrial circumstances benefit all of society, including minority User (DIU), the POTW must evaluate, at (2) Certify to the Control Authority communities. least once per year, whether the IU that that they do not and will not use EPA welcomes comments on this meets the criteria in § 403.3(v)(4). In the or remove amalgam, including the aspect of the proposed rulemaking and, event that the POTW determines that a following information: specifically, invites the public to DIU does not meet the criteria in (i) The facility name, address, contact identify potential environmental justice § 403.3(v)(4), the POTW must information. considerations associated with this immediately begin enforcement in (ii) The dental license number of all proposed regulation. accordance with its enforcement practicing dentists at the location.
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules 63285
(3) Notify the Control Authority of bleach, non-chlorine containing § 441.50 Pretreatment standards for new any changes to information required cleaners that have a pH of 6 to 8. Such sources (PSNS). under paragraphs (c)(2)(i) and (ii) of this cleaning must be conducted at least Except as provided in 40 CFR 403.7 section. weekly. (removal credits) and 40 CFR 403.13 (4) Information provided to comply (3) Certification that the BMPs (fundamentally different factors), any with paragraphs (c)(2)(i) and (ii) of this specified in paragraphs (b)(1) and (2) of new source subject to this part must section must be signed by the this section are being followed is achieve PSNS as follows: responsible corporate officer as defined deemed to meet these requirements. (a) Removal of at least 99.0% of total in § 403.12(l). (c) The requirements of paragraph (a) mercury from amalgam process of this section may be met by wastewater and § 441.20 General definitions. installation and operation of at least one (b) Incorporation of the following best For purposes of this part: 2008 ISO 11143 certified amalgam management practices (BMPs): Amalgam process wastewater means separator that: (1) Scrap amalgam (contact and non- any wastewater generated and (1) Is certified to meet a removal contact), including but not limited to discharged by a dental discharger efficiency of no less than 99.0%; dental amalgam from chair-side traps, through the practice of dentistry that (2) Receives all amalgam process screens, vacuum pump filters, dental may contain dental amalgam. tools, or collection devices may not be Amalgam separator means a wastewater; (3) Is sized to incorporate all flushed down the drain. collection device designed to capture (2) Chair-side traps that may drain to and remove dental amalgam from the wastewater that may pass through it; (4) Is inspected at least once per a sewer must be cleaned with non- amalgam process wastewater of a dental bleach, non-chlorine containing facility. month to ensure proper operation and maintenance of the separator, including cleaners that have a pH of 6 to 8. Such Control Authority is defined in 40 cleaning must be conducted at least CFR 403.3(f). confirmation that amalgam process wastewater is flowing through the weekly. Dental amalgam means an alloy of (3) Certification that the BMPs elemental mercury and other metals that retaining cartridge, separator canister, or amalgam separating portion of the specified in (1) and (2) of this subpart is used in the practice of dentistry. are being followed is deemed to meet Dental Discharger means a source of amalgam separator (preventing bypass); these requirements. wastewater to a publicly owned (5) In the event that the separator is found to not be functioning properly, is (c) The requirements of paragraph (a) treatment works from a facility where of this section may be met by the practice of dentistry is performed as repaired or replaced according to manufacturer instructions; and installation and operation of at least one described in 40 CFR 441.10. 2008 ISO 11143 certified amalgam Dental Industrial User (DIU) means a (6) Is regularly maintained by separator that: dental discharger as described in replacing the amalgam retaining (1) Is certified to meet a removal § 441.10(a) that meets the requirements cartridge(s), separator canister(s), or separator unit(s) whenever the efficiency of no less than 99.0%; of 40 CFR 441.60. (2) Captures all amalgam process collection of retained solids reaches the wastewater; § 441.30 General pretreatment manufacturer’s stated design capacity or (3) Is sized to incorporate all amalgam requirements. annually, whichever comes first. process wastewater that may pass (a) Any source subject to this part that (d) Dental Dischargers that operate an through it; introduces process wastewater amalgam separator certified under the (4) Is inspected at least once per pollutants into a publicly owned 1999 or 2008 ISO 11143 standard month to ensure proper operation and treatment works (POTW) must comply installed at a dental facility prior to maintenance of the separator, including with 40 CFR part 403. October 22, 2014, satisfy the confirmation that amalgam process (b) [Reserved] requirements of paragraph (a) of this wastewater is flowing through the section until [DATE 10 YEARS AFTER § 441.40 Pretreatment standards for retaining cartridge, separator canister, or EFFECTIVE DATE OF THE FINAL existing sources (PSES). amalgam separating portion of the RULE IN THE FEDERAL REGISTER] if Except as provided in 40 CFR 403.7 amalgam separator (preventing bypass); (removal credits) and 403.13 the existing amalgam separator: (5) In the event that the separator is (fundamentally different factors) and no (1) Receives all amalgam process found to not be functioning properly, is later than [DATE 3 YEARS AFTER wastewater; repaired or replaced according to EFFECTIVE DATE OF THE FINAL (2) Is sized to incorporate all amalgam manufacturer instructions; and RULE IN THE FEDERAL REGISTER], process wastewater that may pass (6) Is regularly maintained by any existing source subject to this part through it; replacing the amalgam retaining must achieve the following pretreatment (3) Is inspected at least once per cartridge(s), separator canister(s), or standards: month to ensure proper operation and separator unit(s) whenever the (a) Removal of at least 99.0% of total maintenance of the separator, including collection of retained solids reaches the mercury from amalgam process confirmation that wastewater is flowing manufacturer’s stated design capacity or wastewater and through the retaining cartridge, annually, whichever comes first. (b) Incorporation of the following best separator canister, or amalgam management practices: separating portion of the amalgam § 441.60 Discharge monitoring, reporting, (1) Scrap amalgam (contact and non- separator (preventing bypass); and and recordkeeping requirements. contact), including but not limited to (4) Is regularly maintained by (a) Dental dischargers may comply dental amalgam from chair-side traps, replacing the amalgam retaining with the following monitoring and screens, vacuum pump filters, dental cartridge(s), separator canister(s), or reporting requirements in lieu of the tools, or collection devices may not be separator unit(s) whenever the otherwise applicable requirements in flushed down the drain. collection of retained solids reaches the § 403.12(b), (d), and (e). (2) Chair-side traps that may drain to manufacturer’s rated design capacity or (1) Baseline report. For existing a sewer must be cleaned with non- annually, whichever comes first. sources, a baseline report must be
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 63286 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Proposed Rules
submitted within 180 days of the (A) The total number of chairs, and reporting requirements described in effective date of this rule. For new (B) The total number of chairs at paragraphs (a)(1) through (3) of this sources, a baseline report must be which dental amalgam may be present section, in addition to the applicable submitted at least 90 days prior to in the resulting wastewater. pretreatment standards for existing commencement of discharge. It must (C) A description of any existing sources (PSES) or pretreatment include: amalgam separators currently operated standards for new sources (PSNS) in (i) The facility name, address, and to include, at a minimum, the make, § 441.40 or § 441.50, the dental contact information as well as the dental model, and manufacturers discharger may be considered a Dental license number of all practicing dentists recommended frequency of container Industrial User (DIU) by the Control at the location. change. Authority; otherwise the Control (ii) A description of the operation at (iii) Certification that the design and Authority must treat the dental the dental discharger including: operation of separators meet the discharger as a Significant Industrial (A) The total number of chairs, requirements specified in § 441.40 or User (SIU) as defined in 40 CFR (B) The total number of chairs at § 441.50, as applicable. 403.3(v). Reports submitted to comply which dental amalgam may be present (iv) Certification that the facility is with this section must be signed by the in the resulting wastewater; employing BMPs specified in responsible corporate officer as defined (C) For existing sources, a description § 441.40(b) or § 441.50(b), as applicable. in 40 CFR 403.12(l). of any existing amalgam separators (3) Periodic monitoring report. A (c) Dental dischargers must maintain currently operated to include, at a periodic report of ongoing compliance on site and available for inspection (in minimum, the make, model, and must be submitted annually. The reports either physical or electronic form) the manufacturers recommended frequency must include: following records for a period of three of container change. If no separators are (i) The facility name, address, and years from the date they are created: currently employed, indicate none. For contact information as well as the dental (1) The baseline report required in new sources, a description of any license number of all practicing dentists paragraph (a)(1) of this section; planned amalgam separators to include, at the location; (2) The 90-day compliance report at a minimum, the make, model, and (ii) If no changes have occurred since required in paragraph (a)(2) of this manufacturers recommended frequency submission of the most recent section; of container change. compliance submission (e.g. 90-day (3) The periodic monitoring report (iii) For existing sources, statement of compliance report or periodic required paragraph (a)(3) of this section; whether or not the facility currently monitoring report); (4) Documentation including the date employs the best management practices (iii) Certification that the design and of each visual inspection of the (BMPs) specified in § 441.40(b). operation of the separators meets the amalgam separator(s) as specified in (2) 90-day compliance report. For requirements specified in § 441.40 or § 441.40(c)(4) or § 441.50(c)(4), existing sources, a compliance report § 441.50, as applicable and that the including records of visual inspections must be submitted within [90 days after facility is employing the BMPs specified of the amalgam separator to ensure that the final compliance date of this rule]. in § 441.40(b) or § 441.50(b), as the device is not in bypass mode; For new sources, a compliance report applicable; must be submitted within 90 days (iv) If changes have occurred since (5) Documentation specifying the date following commencement of the submission of the most recent of amalgam retaining cartridge introduction of wastewater into the compliance submission (e.g. 90-day replacement in accordance with publicly owned treatment works compliance report or periodic § 441.40(c)(5) or § 441.50(c)(5); and (POTW). The report must include: monitoring report), you must submit the (6) Records indicating the date of (i) The facility name, address, and updated information required for the 90- amalgam retaining cartridges are sent off contact information as well as the dental day compliance report as specified in site for proper disposal and the shipping license number of all practicing dentists § 441.60(a)(2). address of the facility to which amalgam at the location. (b) If the dental discharger complies retaining cartridges are sent. (ii) A description of the operation at with the applicable requirements in 40 [FR Doc. 2014–24347 Filed 10–21–14; 8:45 am] the dental office including: CFR part 403 and the monitoring and BILLING CODE 6560–50–P
VerDate Sep<11>2014 20:24 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00030 Fmt 4701 Sfmt 9990 E:\FR\FM\22OCP3.SGM 22OCP3 tkelley on DSK3SPTVN1PROD with PROPOSALS3 i
Reader Aids Federal Register Vol. 79, No. 204 Wednesday, October 22, 2014
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
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 2 CFR 763...... 60739 741–6000 764...... 60739 Executive orders and proclamations 1882...... 62797 The United States Government Manual 741–6000 765...... 60739 Proposed Rules: Proposed Rules: Other Services 2700...... 62060 250...... 63224 Electronic and on-line services (voice) 741–6020 3 CFR 251...... 63224 Privacy Act Compilation 741–6064 319...... 62055 Public Laws Update Service (numbers, dates, etc.) 741–6043 Proclamations: 948...... 60117 TTY for the deaf-and-hard-of-hearing 741–6086 9174...... 59417 980...... 60117 9175...... 59419 ELECTRONIC RESEARCH 9176...... 59421 10 CFR 9177...... 60043 50...... 62329 9178...... 60045 World Wide Web 52...... 61944 9179...... 60047 72...... 59623 Full text of the daily Federal Register, CFR and other publications 9180...... 60049 431...... 59090 is located at: www.fdsys.gov. 9181...... 60051 433...... 61563 9182...... 60053 Federal Register information and research tools, including Public 435...... 61563 9183...... 60055 Inspection List, indexes, and Code of Federal Regulations are 436...... 61563 located at: www.ofr.gov. 9184...... 60737 9185...... 60939 Proposed Rules: E-mail 9186...... 60941 50...... 60383, 62360 72...... 59693 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 9187...... 60943 9188...... 60945 429...... 60996, 62522 an open e-mail service that provides subscribers with a digital 430 ...... 60996, 62522, 62891, form of the Federal Register Table of Contents. The digital form 9189...... 61759 9190...... 62295 62894 of the Federal Register Table of Contents includes HTML and 431 ...... 59153, 62899, 62910 PDF links to the full text of each document. 9191...... 62297 9192...... 62299 433...... 61694 To join or leave, go to http://listserv.access.gpo.gov and select 9193...... 62301 435...... 61694 Online mailing list archives, FEDREGTOC-L, Join or leave the list 9194...... 62303 460...... 59154 (or change settings); then follow the instructions. 9195...... 62551 11 CFR PENS (Public Law Electronic Notification Service) is an e-mail Executive Orders: service that notifies subscribers of recently enacted laws. 13678...... 60949 104...... 62797 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13679...... 62323 110...... 62335 114...... 62797 and select Join or leave the list (or change settings); then follow Administrative Orders: the instructions. Memorandums: Proposed Rules: Memorandum of 100...... 59459 FEDREGTOC-L and PENS are mailing lists only. We cannot 110...... 62361 respond to specific inquiries. September 24, 2014 ...... 60041 Reference questions. Send questions and comments about the 12 CFR Notices: Federal Register system to: [email protected] Notice of October 16, 50...... 61440 The Federal Register staff cannot interpret specific documents or 2014 ...... 62795 249...... 61440 regulations. Presidential 329...... 61440 Ch. VI...... 63033 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Determinations: 621...... 63033 longer appears in the Federal Register. This information can be No. 2015–01 of 701...... 59627 found online at http://bookstore.gpo.gov/. October 9, 2014 ...... 62793 706...... 59627 5 CFR 790...... 59627 FEDERAL REGISTER PAGES AND DATE, OCTOBER 890...... 62325 Proposed Rules: 59087–59422...... 1 1201...... 63031 611...... 62058 59423–59622...... 2 1210...... 63031 931...... 60783 59623–60056...... 3 Proposed Rules: 933...... 60783 60057–60318...... 6 337...... 61266 1001...... 60762 60319–60738...... 7 576...... 61266 1090...... 60762 60739–60950...... 8 792...... 61266 1263...... 60384 60951–61214...... 9 831...... 61266 1277...... 60783 61215–61562...... 10 842...... 61266 13 CFR 61563–61758...... 14 870...... 61788 61759–61988...... 15 107...... 62819 61989–62294...... 16 7 CFR Proposed Rules: 62295–62552...... 17 301...... 61215 103...... 62060 62553–62796...... 20 319 ...... 59087, 59089, 61216 121...... 62576 62797–63030...... 21 761...... 60739 124...... 62060 63031–63286...... 22 762...... 60739 134...... 62060
VerDate Sep 11 2014 20:35 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\22OCCU.LOC 22OCCU tkelley on DSK3SPTVN1PROD with CU ii Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Reader Aids
14 CFR Proposed Rules: 62826 141...... 62716 13...... 61761 237...... 62576 165 ...... 59648, 59650, 60057, 180...... 61844 60745, 61238, 61578, 62339, 191...... 61268 25 ...... 59423, 59431, 60319 23 CFR 39 ...... 59091, 59093, 59096, 62341, 62344, 62570, 62827, 194...... 61268 59102, 59630, 59633, 59636, 771...... 60100 62829 228...... 61591 Proposed Rules: 230...... 61590 59640, 59643, 60322, 60325, 24 CFR 60327, 60329, 60331, 60334, 117...... 61041 232...... 61590 60337, 60339 5...... 59646 165...... 59173, 59701 271...... 59471, 60795 71...... 62336 232...... 59646 328...... 61590 272...... 59471 Proposed Rules: 300 ...... 59179, 59182, 61590 73...... 59645, 61989 34 CFR 398...... 60951 Ch. II ...... 61020 302...... 61590 406...... 61990 891...... 60590 668...... 62752 401...... 61590 1267...... 62797 892...... 60590 Proposed Rules: 403...... 63258 1274...... 62797 970...... 62250 75...... 63062 441...... 63258 721...... 59186 Proposed Rules: 972...... 62250 77...... 63062 39 ...... 59154, 59157, 59160, 25 CFR 41 CFR 59162, 59459, 59461, 59463, 36 CFR 59465, 59467, 59468, 59695, Proposed Rules: Proposed Rules: Proposed Rules: 59697, 60384, 60389, 60789, 81...... 61021, 62587 7...... 61587 300–3...... 62588 62070, 62072, 62075, 62363, 82...... 61021, 62587 301–10...... 62588 62928 169...... 60794 37 CFR 301–70...... 62588 65...... 63061 26 CFR 1...... 63036 42 CFR 71 ...... 60793, 61790, 62079, 2...... 63036 62080, 62366 1...... 59112 7...... 63036 Ch. IV...... 62356 1245...... 60119 54...... 59130 11...... 63036 Ch. V...... 62356 1260...... 61013 Proposed Rules: 41...... 63036 405...... 59675 1274...... 61013 1...... 61791 42...... 63036 412...... 59121, 59675 210...... 60977 413...... 59675 15 CFR 27 CFR 415...... 59675 4...... 62553 9...... 60954, 60968 38 CFR 422...... 59675 774...... 61571 Proposed Rules: Proposed Rules: 424...... 59675 Proposed Rules: 478...... 60391 38...... 59176 430...... 59123 762...... 59166 555...... 60391 431...... 59123 771...... 60391 39 CFR 433...... 59123 16 CFR 435...... 59123 3032...... 62290 1240...... 59962 29 CFR 436...... 59123 440...... 59123 Proposed Rules: 10...... 60634 40 CFR 306...... 61267 552...... 60974 485...... 59675 51...... 60343 488...... 59675 1120...... 62081 2590...... 59130 52 ...... 59433, 59435, 59663, Proposed Rules: 4022...... 61761 60059, 60061, 60064, 60065, 17 CFR 409...... 61164 Proposed Rules: 60070, 60073, 60075, 60078, 410...... 61164 200...... 59104 1910...... 61384 60081, 60347, 60978, 60985, 418...... 61164 232...... 61576 1915...... 61384 62003, 62006, 62008, 62010, 440...... 61164 240...... 61576 1917...... 61384 62019, 62022, 62035, 62042, 484...... 61164 249...... 61576 1918...... 61384 62346, 62350, 62352, 62752, 485...... 61164 249b...... 61576 1926...... 61384 62832, 62844, 62846, 62852, 488...... 61164 Proposed Rules: 62856, 62859, 62861, 63044, 30 CFR 1001...... 59717 23...... 59898 63045 1003...... 59717 140...... 59898 1290...... 62047 60...... 60993 Proposed Rules: 63...... 60898 43 CFR 18 CFR 5...... 61035 81 ...... 59674, 60078, 60081 2...... 60953 7...... 59167 82...... 62863 4...... 62047 4...... 59105 75...... 59167 93...... 60343 44 CFR 38...... 60953 550...... 61041 180 ...... 59115, 59119, 60748, 380...... 59105 551...... 61041 63047, 63053 64 ...... 59123, 59127, 61766 556...... 61041 194...... 60750 45 CFR 20 CFR 581...... 61041 271...... 59438, 60756 404...... 61221 582...... 61041 272...... 59438 146...... 59130 Proposed Rules: 585...... 61041 312...... 60087 147...... 59137 620...... 61013 721...... 60759 155...... 59137 31 CFR Proposed Rules: 1355...... 61241 21 CFR 34...... 61236 52 ...... 59471, 59703, 60123, 1614...... 61770 866...... 63034 223...... 61992 60124, 60125, 60405, 61042, 46 CFR Proposed Rules: Proposed Rules: 61794, 61799, 61822, 62090, 73...... 62932, 63062 1...... 59699 62368, 62378, 62379, 62389, 67...... 61261 179...... 59699 62932, 62933, 62934, 62934, 125...... 62358 573...... 62090 32 CFR 62935 Proposed Rules: Proposed Rules: 60...... 61044 515...... 61544 22 CFR 86...... 59168, 60794 63...... 60238, 61843 62...... 60294 81 ...... 59703, 61822, 62389 47 CFR 120...... 61226 33 CFR 110...... 61590 12...... 61785 121...... 61226 100...... 59647, 61762 112...... 61590 20...... 59444 123...... 61226 110...... 62568 116...... 61590 27...... 59138 126...... 61226 117 ...... 59431, 59432, 60976, 117...... 61590 54...... 60090 130...... 61226 62337, 62338, 62824, 62825, 122...... 61590 64...... 62875
VerDate Sep 11 2014 20:35 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\22OCCU.LOC 22OCCU tkelley on DSK3SPTVN1PROD with CU Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Reader Aids iii
73 ...... 59447, 60090, 60091, 28...... 61743 49 CFR 50 CFR 61787, 62883 36...... 61746 10...... 59448 17 ...... 59140, 59992, 60365 95...... 60092 52...... 61743, 61746 26...... 59566 622 ...... 60379, 61262, 61585, Proposed Rules: 53...... 61746 355...... 59450 62358, 62575 54...... 60406 205...... 61579 365...... 59450 648...... 59150 64...... 62935 369...... 59450 206...... 61579 679 ...... 60381, 61263, 61264, 73 ...... 60796, 61045, 61271 215...... 61579 383...... 59450 384...... 59450 62052, 62053, 62054, 62885, 48 CFR 219...... 61579 63059 226...... 61579 385...... 59450 Ch. 1...... 61738, 61743 387...... 59450 Proposed Rules: 232...... 61579 1...... 61743, 61746 390...... 59450, 63057 17 ...... 59195, 59364, 60406, 235...... 61579 2...... 61739, 61746 391...... 59139, 59450 61136, 62408 247...... 61583 4...... 61739, 61746 392...... 59450 222...... 63066 252...... 61579, 61584 12...... 61746 395...... 59450 300...... 60796 501...... 62883, 63056 14...... 61746 397...... 59450 622...... 59204, 62410 514...... 63056 602...... 60349 15...... 61746 648...... 59472 19...... 61746 552...... 63056 622...... 60100 660...... 61272, 62590 22...... 61746 537...... 62883 Proposed Rules: 26...... 61746 552...... 62883 831...... 61272 679...... 59733, 60802
VerDate Sep 11 2014 20:35 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\22OCCU.LOC 22OCCU tkelley on DSK3SPTVN1PROD with CU iv Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Reader Aids
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 October 9, 2014 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.
VerDate Sep 11 2014 20:35 Oct 21, 2014 Jkt 235001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\22OCCU.LOC 22OCCU tkelley on DSK3SPTVN1PROD with CU