Vol. 80 Monday, No. 35 February 23, 2015

Pages 9359–9590

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 80, No. 35

Monday, February 23, 2015

Agriculture Department NOTICES See Food Safety and Inspection Service Agency Information Collection Activities; Proposals, See Forest Service Submissions, and Approvals: NOTICES Personal Authentication Service for Federal Student Aid 2015 Dietary Guidelines Advisory Committee Scientific ID, 9447–9448 Report, 9465–9466 Applications for New Awards: District of Columbia Opportunity Scholarship Program, Army Department 9448–9453 See Engineers Corps Employment and Training Administration Centers for Medicare & Medicaid Services NOTICES NOTICES Labor Certification Process for the Temporary Employment Medicare and Medicaid Programs: of Aliens in Agriculture in the United States: Continued Approval of the Joint Commission’s 2015 Allowable Charges for Agricultural Workers Meals Psychiatric Hospital Accreditation Program, 9466– and Travel Subsistence Reimbursement, 9482–9483 9468 Energy Department Coast Guard See National Nuclear Security Administration NOTICES RULES Meetings: Assistance to Foreign Atomic Energy Activities, 9359–9380 Lower Mississippi River Waterway Safety Advisory PROPOSED RULES Committee, 9468–9469 Energy Conservation Program for Consumer Products: Hearth Products Standards; Correction, 9399 Commerce Department Energy Efficiency Program for Residential Products: See Foreign-Trade Zones Board Residential Dishwasher Standards, 9399–9400 See Industry and Security Bureau See International Trade Administration Engineers Corps See National Oceanic and Atmospheric Administration RULES See Patent and Trademark Office Danger Zones: NOTICES Oregon Army National Guard Danger Zone, Camp Rilea, Agency Information Collection Activities; Proposals, Clatsop County, OR, 9384–9385 Submissions, and Approvals, 9433–9434 Restricted Areas: St. Johns River, U.S. Coast Guard Station Mayport, Sector Council on Environmental Quality Jacksonville, FL, 9385–9387 NOTICES NOTICES Guidance: Environmental Impact Statements; Availability, etc.: Consideration of Greenhouse Gas Emissions and the Lower Bois d’Arc Creek Reservoir Project, Fannin Effects of Climate Change in NEPA Reviews, 9443 County, TX, 9445–9446 Meetings: Defense Acquisition Regulations System Board on Coastal Engineering Research, 9446–9447 NOTICES Agency Information Collection Activities; Proposals, Environmental Protection Agency Submissions, and Approvals: RULES Earned Value Management System; Defense Federal Pesticide Tolerances: Acquisition Regulation Supplement, 9445 Fomesafen, 9390–9391 Temporary Exemptions From Requirements, 9387–9390 Defense Department PROPOSED RULES See Defense Acquisition Regulations System Air Quality State Implementation Plans; Approvals and See Engineers Corps Promulgations: NOTICES Idaho; Interstate Transport of Fine Particulate Matter, Meetings: 9423–9427 Defense Advisory Committee on Women in the Services, Significant New Use Rules: 9444–9445 Toluene Diisocyanates and Related Compounds, 9427 U.S. Strategic Command Strategic Advisory Group, 9443– NOTICES 9444 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Education Department Requirements and Exemptions for Specific RCRA Wastes, PROPOSED RULES 9454 First in the World Program: Transportation Conformity Determinations for Federally Priorities, Requirements, Selection Criterion and Funded and Approved Transportation Plans, Definitions, 9414–9423 Programs and Projects, 9454–9456

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Clean Air Act Operating Permit Program; State Operating Fish and Wildlife Service Permit Objections: RULES Luminant Generating Co., LLC Steam Electric Generating Migratory Bird Subsistence Harvest in Alaska: Stations Martin Lake, Monticello, and Big Brown, Harvest Regulations for the 2015 Season, 9392–9398 TX, 9456 NOTICES Clean Water Act List Decisions, 9456–9457 Endangered and Threatened Species Permits, 9470–9473 Meetings: Endangered Species Recovery Permit Applications, 9473– Small Community Advisory Subcommittee and Local 9475 Government Advisory Committee, 9457 Enhancement of Survival Permit Applications: Recent Postings of Broadly Applicable Alternative Test Greater Sage-Grouse on Oregon Department of State Methods, 9457–9459 Lands, 9475–9477 Environmental Assessments; Availability, etc.: Environmental Quality Council Fender’s Blue Butterfly on Private Lands in Yamhill See Council on Environmental Quality County, OR; Habitat Conservation Plans, 9477–9479

Executive Office of the President Food Safety and Inspection Service See Council on Environmental Quality NOTICES Web-Based Self-Reporting Tools: Federal Aviation Administration Document Reviews of Foreign Food Regulatory Systems, RULES 9428–9431 Airworthiness Directives: Rolls-Royce plc Turbofan Engines, 9380–9382 Foreign-Trade Zones Board Short Brothers and Harland Ltd. Airplanes, 9382–9384 NOTICES PROPOSED RULES Subzone Expansion Applications: Airworthiness Directives: Eli Lilly and Co., Plainfield, IN; Foreign-Trade Zone 72, The Boeing Company Airplanes, 9400–9414 Indianapolis, IN, 9434 Operation and Certification of Small Unmanned Aircraft Systems, 9544–9590 Forest Service NOTICES NOTICES Requests for Nominations: Environmental Impact Statements; Availability, etc.: National Parks Overflights Advisory Group Aviation Over-Snow Vehicle Use Designation, Tahoe National Rulemaking Committee, 9502 Forest, CA, 9431–9432 Federal Communications Commission Meetings: RULES New Mexico Collaborative Forest Restoration Program Television Broadcasting Services: Technical Advisory Panel, 9433 Lansing, MI, 9392 NOTICES Geological Survey Meetings: NOTICES Downloadable Security Technology Advisory Committee, Meetings: 9459–9460 National Geospatial Advisory Committee, 9479 Federal Emergency Management Agency Health and Human Services Department NOTICES See Centers for Medicare & Medicaid Services Meetings: NOTICES Technical Mapping Advisory Council, 9469–9470 2015 Dietary Guidelines Advisory Committee Scientific Report, 9465–9466 Federal Highway Administration NOTICES Homeland Security Department Buy American Waivers, 9502–9503 See Coast Guard See Federal Emergency Management Agency Federal Trade Commission NOTICES Indian Affairs Bureau Privacy Act; Systems of Records, 9460–9465 NOTICES Agency Information Collection Activities; Proposals, Financial Crimes Enforcement Network Submissions, and Approvals: NOTICES Bureau of Indian Education Adult Education Program, Agency Information Collection Activities; Proposals, 9479–9480 Submissions, and Approvals: Anti-Money Laundering Programs for Insurance Industry and Security Bureau Companies and Non-Bank Residential Mortgage NOTICES Lenders and Originators, 9504–9505 Denials of Export Privileges: Anti-Money Laundering Programs for Money Services Ernesto Salgado-Guzman, 9434–9435 Businesses, Mutual Funds, and Operators of Credit Cards Systems, 9505–9506 Interior Department Suspicious Activity Reporting Requirements by Brokers See Fish and Wildlife Service or Dealers in Securities and Futures Commission See Geological Survey Merchants and Introducing Brokers in Commodities, See Indian Affairs Bureau 9506–9507 See Land Management Bureau

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International Trade Administration Meetings; Sunshine Act, 9486 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Parole Commission or Reviews: NOTICES Uncovered Innerspring Units From the People’s Republic Meetings; Sunshine Act, 9481 of China, 9435–9437 International Trade Commission Patent and Trademark Office NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Agency Information Collection Activities; Proposals, or Reviews: Submissions, and Approvals: Commodity Matchbooks From India, 9480–9481 National Medal of Technology and Innovation Nomination Application, 9442 Justice Department Public User ID Badging, 9442–9443 See Parole Commission Securities and Exchange Commission Labor Department NOTICES See Employment and Training Administration Self-Regulatory Organizations; Proposed Rule Changes: NOTICES EDGX Exchange, Inc., 9487–9496 Agency Information Collection Activities; Proposals, New York Stock Exchange, LLC, 9496–9499 Submissions, and Approvals: Planning Guidance and Instructions for Strategic State Plan and Plan Modifications Submission for Social Security Administration Workforce Investment Act Title I and Wagner-Peyser NOTICES Act, 9481–9482 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9499–9501 Land Management Bureau NOTICES Surface Transportation Board Meetings: NOTICES Pecos District Resource Advisory Council Lesser Prairie- Trackage Rights Exemptions: Chicken Habitat Preservation Area of Critical BNSF Railway Co. From Union Pacific Railroad Co., 9504 Environmental Concerns Livestock Grazing Subcommittee , 9480 Transportation Department See Federal Aviation Administration National Nuclear Security Administration See Federal Highway Administration NOTICES See Surface Transportation Board Defense Programs Advisory Committee; Renewals, 9453 NOTICES National Oceanic and Atmospheric Administration Certificates of Public Convenience and Necessity and RULES Foreign Air Carrier Permits; Applications, 9501–9502 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod in the Western Aleutian Islands District of Treasury Department the Bering Sea and Aleutian Islands Management See Financial Crimes Enforcement Network Area, 9398 PROPOSED RULES Taking and Importing Marine Mammals: Separate Parts In This Issue Seismic Surveys in Cook Inlet, AK, 9510–9541 NOTICES Agency Information Collection Activities; Proposals, Part II Submissions, and Approvals, 9437–9438 Commerce Department, National Oceanic and Atmospheric Agency Information Collection Activities; Proposals, Administration, 9510–9541 Submissions, and Approvals: Aleutian Islands Pollock Fishery, 9438 Part III Domestic Fisheries; General Provisions: Transportation Department, Federal Aviation Application for Fishing Year 2014 Sector Exemption, Administration, 9544–9590 9438–9440 Meetings: Western Pacific Fishery Management Council, 9440–9442 Reader Aids Nuclear Regulatory Commission Consult the Reader Aids section at the end of this page for NOTICES phone numbers, online resources, finding aids, reminders, Exemptions: and notice of recently enacted public laws. Entergy Nuclear Operations, Inc.; Vermont Yankee To subscribe to the Federal Register Table of Contents Nuclear Power Station, 9483–9485 LISTSERV electronic mailing list, go to http:// License Amendment Applications: listserv.access.gpo.gov and select Online mailing list Nebraska Public Power District; Cooper Nuclear Station, archives, FEDREGTOC-L, Join or leave the list (or change Withdrawal, 9486 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

10 CFR 810...... 9359 Proposed Rules: 430 (2 documents) ...... 9399 14 CFR 39 (2 documents) ....9380, 9382 Proposed Rules: 21...... 9544 39...... 9400 43...... 9544 45...... 9544 47...... 9544 61...... 9544 91...... 9544 101...... 9544 107...... 9544 183...... 9544 33 CFR 334 (2 documents) ...... 9384, 9385 34 CFR Proposed Rules: Ch. VI...... 9414 40 CFR 174...... 9387 180...... 9390 Proposed Rules: 52...... 9423 721...... 9427 47 CFR 73...... 9392 50 CFR 92...... 9392 679...... 9398 Proposed Rules: 217...... 9510

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Rules and Regulations Federal Register Vol. 80, No. 35

Monday, February 23, 2015

This section of the FEDERAL REGISTER Independence Avenue SW., amended by section 302 of the Nuclear contains regulatory documents having general Washington, DC 20585, telephone 202– Nonproliferation Act of 1978 (NNPA). applicability and legal effect, most of which 586–8627. Part 810 controls the export of are keyed to and codified in the Code of SUPPLEMENTARY INFORMATION: unclassified nuclear technology and Federal Regulations, which is published under assistance. It enables peaceful nuclear 50 titles pursuant to 44 U.S.C. 1510. I. Background II. Description of Changes in the Final Rule trade by helping to assure that nuclear The Code of Federal Regulations is sold by III. Transition Process to Final Rule technologies exported from the United the Superintendent of Documents. Prices of A. Current Specific Authorization Requests States will not be used for non-peaceful new books are listed in the first FEDERAL B. Current Generally Authorized Activities purposes. Part 810 controls the export of REGISTER issue of each week. C. Previously Unreported Deemed Exports nuclear technology and assistance by and Deemed Re-Exports identifying activities that can be IV. Discussion of Public Comments and the ‘‘generally authorized’’ by the Secretary, DEPARTMENT OF ENERGY Final Rule A. Process Issues thereby requiring no further authorization under part 810. It also 10 CFR Part 810 1. Compliance With Administrative Procedure Act Rulemaking Requirements controls those activities that require RIN 1994–AA02 2. Part 810 Process Improvements ‘‘specific authorization’’ by the B. Classification of Foreign Destinations Secretary. Part 810 also delineates the Assistance to Foreign Atomic Energy 1. Mexico process for applying for specific Activities 2. Ukraine authorization from the Secretary and 3. Croatia and Vietnam AGENCY: National Nuclear Security 4. Continued Specific Authorization identifies the reporting requirements for Administration (NNSA), Department of Destinations (Russia, India and China) activities subject to part 810. Energy (DOE). 5. Thailand and Norway While some revisions to part 810 were made in 1993 and 2000, part 810 has not ACTION: Final rule. C. Activities Requiring Part 810 Authorization been comprehensively updated since SUMMARY: DOE is issuing the first 1. Special Nuclear Material Nexus 1986. Since then, the global civil comprehensive updating of regulations Requirement nuclear market has expanded, concerning Assistance to Foreign 2. Activities Supporting Commercial Power particularly in China, the Middle East, Reactors Atomic Energy Activities since 1986, 3. Deemed Exports and Deemed Re-Exports and Eastern Europe, with vendors from reflecting a need to make the regulations Employee Issues France, Japan, the Republic of Korea, consistent with current global civil 4. Operational Safety Activities Russia, and Canada emerging to serve nuclear trade practices and 5. Other customers in these markets. DOE nonproliferation norms, and to update D. Technical Corrections believes the regulation should be the activities and technologies subject to 1. § 810.1 updated to ensure that the part 810 the Secretary of Energy’s specific 2. § 810.3 Technical Services nuclear export controls remain effective authorization and DOE reporting 3. § 810.3 Technical Assistance vs. and efficient as the commercial nuclear requirements. This rule also identifies Assistance 4. § 810.6(f) market continues to expand. This means destinations with respect to which most 5. §§ 810.6(c)(2) and 810.11(b) carefully determining which assistance would be generally 6. § 810.16 Savings Clause destinations and activities can be authorized and destinations that would V. Regulatory Review generally authorized and which will require a specific authorization by the A. Executive Order 12866 require a specific authorization, and Secretary of Energy. B. Administrative Procedure Act assuring that the determinations are DATES: This rule is effective March 25, C. National Environmental Policy Act consistent with U.S. national security, 2015. D. Regulatory Flexibility Act diplomatic, and trade policy. E. Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: Mr. F. Unfunded Mandates Reform Act of 1995 On September 7, 2011, DOE issued Richard Goorevich, Senior Policy G. Treasury and General Government the NOPR to propose the updating of Advisor, or Ms. Katie Strangis, Senior Appropriations Act, 1999 part 810 (76 FR 55278). The NOPR Policy Advisor, Office of H. Executive Order 13132 listed destinations for which most Nonproliferation and Arms Control I. Executive Order 12988 assistance to foreign atomic energy (NPAC), National Nuclear Security J. Treasury and General Government activities would be generally Administration, Department of Energy, Appropriations Act, 2001 authorized, and activities that would 1000 Independence Avenue SW., K. Executive Order 13211 require a specific authorization by the L. Executive Order 13609 Washington, DC 20585, telephone 202– M. Congressional Notification Secretary of Energy. Additionally, the 586–0589 (Mr. Goorevich) or 202–586– VI. Approval by the Office of the Secretary NOPR identified types of technology 8623 (Ms. Strangis); Mr. Elliot Oxman, transfers subject to the regulation. DOE Office of the General Counsel, GC–53, PART 810—ASSISTANCE TO FOREIGN received numerous comments on the Department of Energy, 1000 ATOMIC ENERGY ACTIVITIES NOPR. After careful consideration of all Independence Avenue SW., comments received on the NOPR, on Washington, DC 20585, telephone 202– I. Background August 2, 2013 DOE issued a 586–1755; or Mr. Zachary Stern, Office The Department of Energy’s part 810 supplemental notice of proposed of the General Counsel, National regulation (10 CFR part 810) rulemaking (SNOPR) and public Nuclear Security Administration, implements section 57b.(2) of the meetings to respond to those comments, Department of Energy, 1000 Atomic Energy Act of 1954 (AEA), as propose new or revised rule changes,

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and afford interested parties a second the United States, in a country listed in line with changes in the approach of the opportunity to comment (78 FR 46829). the Appendix or in a country not listed final rule to authorized destinations and DOE held its first public meeting on in the Appendix. Part 810 does not authorized activities: Foreign national, August 5, 2013. On October 29, 2013 apply to transfers of nuclear technology general authorization, operational DOE issued a notice of a second public or assistance within the United States safety, production accelerator, meeting and extension of the comment between or among U.S. citizens, citizens production accelerator-driven period and on March 25, 2014 re- or nationals of foreign countries who are subcritical assembly system, production opened the comment period until April U.S. lawful permanent residents, or subcritical assembly, publicly available 2, 2014. Today, DOE is issuing this final protected individuals under the information, publicly available rule. Immigration and Naturalization Act (8 technology, and specific authorization. As described below and in response U.S.C. 1324b(a)(3)), because such The term ‘‘country’’ has been added to to comments received from the public transfers would not constitute engaging clarify that Taiwan is covered under this on the SNOPR, in the final rule or participating, directly or indirectly, final rule, consistent with section 4 of announced today, DOE makes only a in the development or production of the Taiwan Relations Act (22 U.S.C. few changes to the existing rule, what special nuclear material outside the 3303). The terms ‘‘Secretary’’ and will be referred to hereinafter as ‘‘the United States. ‘‘DOE’’ were added to define 1986 version of the rule,’’ that are 3. The following exempt activities are administrative terms. The following different than those proposed in the added: terms are retained with no change SNOPR. Details of today’s changes to • Exports authorized by the except technical edits or format the 1986 version of part 810 are Department of State (DOS) or changes: ‘‘Agreement for cooperation’’, summarized in Section II. Responses to Department of Commerce (DOC), or the ‘‘Atomic Energy Act’’, ‘‘classified public comments received on the Nuclear Regulatory Commission (NRC); information’’, ‘‘IAEA’’, ‘‘NNPA’’, SNOPR are discussed in Section IV. • Transfer of ‘‘publicly available ‘‘NPT’’, ‘‘nuclear reactor’’, ‘‘person’’, information,’’ ‘‘publicly available II. Description of Changes in the Final ‘‘production reactor’’, ‘‘Restricted Data’’, technology,’’ and the results of Rule ‘‘sensitive nuclear technology’’, ‘‘source ‘‘fundamental research’’; material’’, ‘‘special nuclear material’’, In response to the SNOPR, DOE • Assistance for certain mining and and ‘‘United States’’. The following received written comments from 26 milling activities, and certain fusion terms have been deleted as unused: entities as well as oral comments made reactors because these activities do not ‘‘accelerator-driven subassembly’’, at public meetings. All of the comments involve the production or use of special ‘‘non-nuclear-weapon state’’, ‘‘open and meeting transcripts are available for nuclear material; meeting’’, ‘‘public information’’, and review on line at: http:// • Production or extraction of ‘‘subcritical assembly’’. www.regulations.gov/ radiopharmaceutical isotopes when the Several changes from the definitions #!docketDetail;D=DOE-HQ-2011-0035, process does not involve special nuclear proposed in the SNOPR are made in the Docket ID: DOE–HQ–2011–0035. This material; and final rule including: ‘‘technical final rule responds to the comments • Transfers to lawful permanent assistance’’ is changed to ‘‘assistance,’’ received in response to the SNOPR and residents of the United States or the term ‘‘technical assistance’’ is makes changes to the 1986 version of protected individuals under the replaced with ‘‘assistance’’ in the the rule. Final changes to the current Immigration and Naturalization Act (8 definition of ‘‘technology’’, and the term rule, organized by section, are U.S.C. 1324b(a)(3)). ‘‘technical services’’ is replaced with summarized below: 4. In § 810.3 ‘‘Definitions’’ of this final ‘‘assistance’’ in the definition of 1. The change to § 810.1 ‘‘Purpose’’ rule, a number of definitions are added ‘‘sensitive nuclear technology’’. These states the statutory basis and purpose of and revisions are made to existing changes are explained in section IV.D. the part 810 regulation, eliminating the definitions to reflect terminological in response to public comments on the need for the 1986 version of § 810.6. changes and technological SNOPR. ‘‘U.S. persons’’ has been replaced with developments since the part 810 5. Sections 810.4 ‘‘Communications’’ ‘‘persons.’’ regulation was last updated, and to and § 810.5 ‘‘Interpretations’’ update 2. The change to paragraph (a) in provide additional clarity to certain points of contact information to reflect § 810.2 ‘‘Scope’’ states DOE’s terms defined and used in the 1986 the current DOE organizational structure jurisdiction under § 57b.(2) of the version of the rule. and office designations for applications, Atomic Energy Act. Paragraph (b) in The 1986 version of the rule has 23 questions, or requests. Section 810.4(c) § 810.2 identifies activities governed by defined terms. This final rule has been added to allow the regulation when those activities, substantially revises 5 terms, adds 23 communication, fast-track requests, and whether conducted in the United States terms, deletes 5 terms, and leaves 13 Ukraine notifications to be emailed. The or abroad, constitute engaging or terms essentially unchanged, for a total final rule adds paragraph (c) to § 810.5 participating, directly or indirectly, in of 36 defined terms in the regulation. that states DOE may periodically the development or production of The following terms have been added publish abstracts of general or specific special nuclear material outside the to the final rule to update the terms authorizations, excluding applicants’ United States. Paragraph (c) of § 810.2 used in part 810 to make them proprietary data and other information identifies exempt activities, some consistent with terms used in other U.S. protected by law from public disclosure, retained from the 1986 version of the export control programs and Nuclear that may be of general interest. rule. A person directly or indirectly Suppliers Group (NSG) guidelines 6. The 1986 version of § 810.6 engaging or participating in the (IAEA Information Circular [INFCIRC] ‘‘Authorization requirement,’’ which development or production of special 254/Part 1): Assistance, cooperative quotes § 57 b. of the Atomic Energy Act, nuclear material outside the United enrichment enterprise, development, is deleted and replaced by § 810.1 States may be, for example, a U.S. enrichment, fissile material, ‘‘Purpose.’’ citizen, a foreign national or a fundamental research, production, 7. The 1986 version of § 810.7 subsidiary of a U.S. company located technical data, technology, and use. The ‘‘Generally authorized activities’’ is re- abroad. The activity may take place in following terms are added or revised in numbered as § 810.6. It identifies

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activities the Secretary has found to be This proposal has not been adopted in (subparagraph (b)(3)); and whether, not inimical to the interest of the United the final rule. under subparagraph (b)(8), the transfer States if conducted in a destination (v) Furnishing operational safety is part of an existing ‘‘cooperative listed in the Appendix to the final rule. information or assistance to existing, enrichment enterprise’’ (as defined in The introductory text eliminates the proposed, or new-build nuclear power § 810.3 of this final rule) or the supply specific reference to § 57 b.(2) of the plants in the United States is authorized chain of such an enterprise. Section Atomic Energy Act. in § 810.6(c)(3), for example, 810.9(c) addresses the export of (i) Paragraph (a) generally authorizes participation in safety assessments by ‘‘sensitive nuclear technology’’ as the assistance or transfers of technology to organizations such as the Institute of quoted term is defined in § 810.3 of this destinations listed in the Appendix to Nuclear Power Operations (INPO). final rule. This section is expanded to the final rule. The 1986 version of (vi) Section 810.6(d) generally describe additional factors, which § 810.8(a) uses the opposite authorizes exchange programs approved include compliance with the United classification approach. It lists by the DOS with DOE consultation. States’ NSG commitments, the Secretary destinations for which a specific Sections 810.6(e) and (f) authorize will take into account when considering authorization is required. certain cooperative activities with the a specific authorization request for (ii) The 1986 version of § 810.7(a) IAEA, namely, activities carried out in transfers of sensitive nuclear ‘‘furnishing public information’’ is the course of implementation of the technology. The United States adheres deleted from the list of generally ‘‘Agreement between the United States to the NSG Guidelines for Nuclear authorized activities because under the of America and the [IAEA] for the Transfers, and NSG Guidelines for final rule ‘‘public information’’ is no Application of Safeguards in the United Transfers of Nuclear-related Dual-Use longer a defined term. Specifically, in States’’; and those carried out by full- Equipment, Materials, Software and § 810.2(c)(2) of the final rule, ‘‘publicly time employees of the IAEA, or by Related Technology (IAEA INFCIRC/ available information,’’ ‘‘publicly individuals whose employment or work 254/Part 2). The current versions of both available technology,’’ and the results of is sponsored or approved by the DOS or sets of Guidelines can be found at ‘‘fundamental research’’ (all as defined DOE. The final rule replaces the word www.nuclearsuppliersgroup.org. In the in § 810.3 of this final rule) are exempt ‘‘and’’ with the disjunctive ‘‘or’’ at the final rule a new paragraph (d) is added from the scope of part 810. end of subparagraph (f) to clarify that to § 810.9 concerning requests to engage (iii) In a new approach to deemed any of the listed activities are generally in authorized foreign atomic energy exports, § 810.6(b) of this final rule authorized. assistance activities related to the generally authorizes nuclear technology (vii) Section 810.6(g) is a new enrichment of source material and transfers to citizens or nationals of provision that authorizes transfers of special nuclear material. Approval of specific authorization destinations who technology and assistance for the such requests will be conditioned upon are lawfully employed by or contracted extraction of Molybdenum-99 from the receipt of written nonproliferation to work for nuclear industry employers irradiated nuclear material in certain assurances from the government of the in the United States, subject to such circumstances. destination country concerned. This individuals meeting NRC unescorted 8. Section 810.7—renumbered from process is designed to facilitate U.S. access requirements and executing a the 1986 version of § 810.8—‘‘Activities conformity to the NSG Guidelines. confidentiality agreement to prevent requiring specific authorization’’ 11. Section 810.10 ‘‘Revocation, unauthorized disclosure of nuclear continues to list activities that require a suspension, or modification of technology to which those individuals specific authorization for all foreign authorization,’’ as renumbered from the are afforded access. Deemed export destinations. The initial phrase ‘‘Unless 1986 version of § 810.11, makes an reporting requirements with respect to generally authorized by § 810.6’’ editorial revision, changing ‘‘authorized these individuals are set forth in proposed in the SNOPR has been assistance’’ in paragraph (c) to § 810.12(g). removed as unnecessary. ‘‘authorization governed by this part.’’ (iv) The existing ‘‘fast track’’ general 9. Section 810.8 ‘‘Restrictions on 12. The 1986 version of § 810.12, authorization in the 1986 version of general and specific authorization’’ renumbered in the final rule as § 810.11 § 810.7(b) for emergency activities at remains unchanged from § 810.9 in the ‘‘Information required in an application any safeguarded facility and operational 1986 version of the rule, except for the for specific authorization,’’ is expanded safety assistance to existing foreign following editorial revisions: Replacing to add more detail about the information safeguarded reactors has been retained ‘‘these regulations’’ with ‘‘this part’’ in required for DOE to process a specific in §§ 810.6 (c)(1) and (c)(2) of the final the introductory phrase; replacing authorization request, including rule, respectively, but with a revised ‘‘Restricted Data and other classified applications for ‘‘deemed export’’ and definition of ‘‘operational safety.’’ information’’ with ‘‘classified ‘‘deemed re-export’’ authorizations. Paragraph (c)(1) includes the phrase ‘‘in information’’ in paragraph (a), and Section 810.11(a) of the final rule DOE’s assessment,’’ modifying the replacing ‘‘Government agencies’’ with requires the submission of the same emergency clause to make DOE ‘‘U.S. Government agencies’’ in information required by the 1986 responsible for deciding potential paragraph (b). version of the rule (§ 810.12(a)). ‘‘other means.’’ Furnishing operational 10. Section 810.9 ‘‘Grant of specific The 1986 version of § 810.12(a) safety information or assistance to authorization’’ of the final rule, § 810.10 required that an application for specific existing safeguarded civilian nuclear of the 1986 version, identifies the authorization include information reactors outside the United States in factors consistent with U.S. regarding ‘‘the degree of any control or countries with safeguards agreements international nonproliferation ownership by any foreign person or with the IAEA or an equivalent commitments that will be considered by entity’’. Since the term ‘‘foreign person’’ voluntary offer, for example, the Secretary in granting a specific is used only once in the 1986 version of performance of probabilistic risk authorization. Paragraph (b) adds as the regulation (in § 810.12(a)), DOE assessments, is authorized in factors to be considered: Whether the proposed in the SNOPR to revise § 810.6(c)(2). In § 810.6(c)(2) the SNOPR government of the country concerned is proposed § 810.11(a) without reference proposed to include an option to in good standing with respect to its to ‘‘foreign person’’. To avoid any provide information cited in § 810.11(b). nonproliferation commitments possible confusion between usages of

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‘‘person’’ and ‘‘foreign national’’, the to § 810.6(b)(2), and reduce cross- section number in the final rule as it has final rule adopts this change and referencing in the document. in the 1986 version of the rule. The only § 810.11(a)(1) requests information Finally, § 810.11(c) identifies the change to the language, as proposed in concerning an applicant’s foreign information required to be submitted by the SNOPR, is an extension of the date ownership or control by asking about an applicant seeking a specific persons must come into compliance ‘‘the degree of any control or ownership authorization to engage in foreign with the rule from 90 to 180 days. atomic energy assistance activities by any foreign individual, corporation, 18. In this final rule, Croatia is added partnership, firm, association, trust, related to the enrichment of fissile material. to the Appendix list of generally estate, public or private institution or authorized destinations because on July government agency’’. 13. The 1986 version of § 810.13 is 1, 2013, it joined the European Atomic The SNOPR proposed in paragraph (b) renumbered as § 810.12 in the final rule and changes reporting obligations. An Energy Community (Euratom) and to solicit any information the applicant therefore the provisions of the peaceful wishes to provide concerning the factors addition in § 810.12(d) of the final rule nuclear cooperation agreement entered listed in proposed §§ 810.9(b) and (c). requires companies to submit reports to into pursuant to AEA § 123 (‘‘123 However, this proposal has not been DOE concerning activities requiring Agreement’’) between the United States adopted. Instead, specific required specific authorization, to include and Euratom apply to supply to Croatia applicant information has been added to information required by U.S. law of U.S. nuclear material and equipment. § 810.11(a)(3) of the final rule. concerning specific civil nuclear Therefore, proposed § 810.11(c) of the activities in or exports to destinations Vietnam is also added to the Appendix SNOPR is renumbered § 810.11(b) in for which a specific authorization is list of generally authorized destinations this final rule. Likewise, proposed required. Under § 810.12(e)(4) of the because on October 3, 2014, a 123 § 810.11(d) of the SNOPR is numbered final rule the reference to reporting on Agreement between Vietnam and the § 810.11(c) in this final rule. materials and equipment transferred United States entered into force. under a general authorization is retained Section 810.11(b) addresses the Thailand has been deleted from the list to ensure, among other things, that any required content for applications filed of generally authorized destinations technical data that is transferred as part by U.S. companies seeking to employ in because its 123 Agreement with the of dual-use equipment is reported. In United States has expired and there has the United States citizens or nationals of this final rule, paragraph (g) describes specific authorization countries that not been a decision to renew the the reporting requirements of U.S. Agreement. In this final rule, a reference could result in the transfer of employers with respect to their deemed technology subject to §§ 810.2 or 810.7 has been added to the Appendix list export and deemed re-export regarding Ukraine, in order to ensure (deemed exports). Submission of the employees. same information is also required with applicants are aware of the added 14. The 1986 version of § 810.14 is requirements in § 810.14 of the final respect to any such citizen or national renumbered in the final rule as § 810.13, rule, as discussed in Section IV.B.2. whom the part 810 applicant seeks to ‘‘Additional information.’’ The section directly employ abroad in either a is otherwise unchanged. 19. DOE/NNSA recently changed the general or specific authorization country 15. In the final rule, a new § 810.14 name of the Office of Nonproliferation (a deemed re-export) that could result in has been added to describe specific and International Security (NA–24) to the export of assistance or transfer of reporting requirements with respect to the Office of Nonproliferation and Arms technology requiring a specific Ukraine. While the SNOPR contained a Control (NPAC). The final rule in authorization. As proposed in the proposal to move Ukraine to the general §§ 810.4, 810.5, 810.9, and 810.12 reflect SNOPR, and adopted in the final rule, authorization list, that proposal was this change. no part 810 authorization is required for made prior to the current geopolitical an individual who is lawfully admitted situation in that country. In light of III. Transition Process to Final Rule for permanent residence in the United those circumstances, DOE is finalizing DOE recognizes that, as a result of the States or is a protected individual under its SNOPR proposal with the inclusion rule announced today, some persons the Immigration and Naturalization Act of advance notification requirements (8 U.S.C. 1324b(a)(3)). will have foreign atomic energy prior to beginning any generally assistance activities in process As proposed in the SNOPR and authorized activity in Ukraine. A concerning destinations whose general adopted in the final rule, § 810.11(b) written report within 10 days following authorization or specific authorization makes explicit DOE’s current practice of the original transfer of material, status has changed. This section requiring an applicant for a specific equipment or technology is also authorization to provide detailed describes actions to provide a seamless required for all activities in Ukraine transition to the final rule. information concerning the citizenship, subject to part 810. A more detailed visa status, educational background, and explanation of the reason for this A. Current Specific Authorization employment history of each foreign addition is in Section IV.B.2. Requests national to whom the applicant seeks to 16. Section 810.15 ‘‘Violations’’ grant access to technology subject to the retains the same section number in the Any pending specific authorization part 810 regulation. The applicant is final rule as it has in the 1986 version request for a destination that is now also required to provide a description of of the rule, although it was proposed to generally authorized in the final rule, the subject technology, a copy of any be renumbered in both the NOPR and namely, Croatia, Kazakhstan, Ukraine, confidentiality agreement between the the SNOPR. Section 810.15 in the final United Arab Emirates, and Vietnam, U.S. employer and the employee rule contains a number of revisions that should be withdrawn starting on the concerning the protection of the bring the wording into alignment with effective date of the rule. Contact DOE employer’s proprietary business data the applicable statutory language. to formally withdraw the request. from unauthorized disclosure, and 17. Section 810.16, ‘‘Effective date Pending requests for specific written nonproliferation assurances by and savings clause’’, which was authorization to Ukraine are subject to the individual. Section 810.11(b)(3) has proposed to be renumbered in the NOPR the 10-day notification requirement set been revised to eliminate the reference and the SNOPR, retains the same forth in § 810.14(a) of the final rule.

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B. Current Generally Authorized 5. Continuing the general DOE has reviewed the public Activities authorization for emergency activities comments received in response to the As stated in § 810.16, generally and operational safety assistance SNOPR. The final rule adopts most of authorized activities for which the 6. Proposing that the regulatory revisions proposed in the a. Routine storage, processing, and contracts, purchase orders, or licensing SNOPR, and incorporates some further arrangements were already in effect transportation of spent nuclear fuel changes based on careful consideration before March 25, 2015, but that require would be outside the scope of part 810, of public comments. The public b. Activities licensed by the DOS and specific authorization under the final comments were analyzed and placed DOC would be outside the scope of part rule, must be the subject of a specific into three categories: 810, and • Process Issues authorization request by August 24, c. The transfer of publicly available • 2015 but may continue until DOE acts Classification of Foreign information would be outside the scope on the request. Destinations of part 810. • Activities Requiring Part 810 C. Previously Unreported Deemed Commenters also supported DOE’s Authorization Exports and Deemed Re-Exports initiation of a process improvement A. Process Issues DOE recognizes that many companies program (PIP) to reduce specific with employees who are citizens or authorization processing time, and 1. Compliance With Administrative nationals of countries now subject to DOE’s plan to create a guide to part 810 Procedure Act Rulemaking specific authorization requirements and an electronic application and Requirements under the final rule announced today tracking (e-810) system. Several organizations and companies offered to NEI in part claimed the SNOPR may not have previously reported the violated the Administrative Procedure transfer of part 810 covered technology participate in developing the PIP and drafting a guide. Act (APA) by providing inadequate to such individuals to DOE under the explanation of the proposed changes, 1986 version of the rule, as required, The Nuclear Energy Institute (NEI), the primary industry trade association, particularly the proposed general vs. and further, that in many cases specific authorization destination technology transfers already have provided a comprehensive set of comments in response to the SNOPR. classifications. NEI included China, occurred. A record of part 810- Russia, and India in this discussion, controlled generally authorized The Ad-hoc Utility Group (AHUG), Exelon, and the Chamber of Commerce although these three countries have technology transfers to these employees been, and remain, destinations requiring is necessary for DOE to adequately of the United States (USCC) fully endorsed NEI’s comments. AREVA and specific authorization. NEI, in 80 pages monitor these transfers. Companies that of comments on the destination have made unreported generally the US India Business Council (USIBC) supported NEI’s comments. Black and classification issue, called for DOE to authorized transfers should provide the ‘‘withdraw and re-publish the rule with information required by § 810.11 of the Veatch endorsed NEI’s comments. Westinghouse stated that it ‘‘largely enough information regarding its final rule for each transfer to any foreign factual, legal and policy rationales to national who continues to have access concurred’’ with NEI comments. In this discussion of the public comments, allow stakeholders to comment to part 810-controlled technology by meaningfully.’’ AREVA stated ‘‘DOE has August 24, 2015. unless these commenters provided different perspectives on the same not put forth a sufficient rationale for IV. Discussion of Public Comments and matter, NEI will be referenced when the change in designation of these the Final Rule discussing the comments. countries.’’ AUECO ‘‘join[ed] the U.S. On August 2, 2013 DOE published the Many commenters, including the Chamber of Commerce in calling upon SNOPR, inviting public comments on American Nuclear Society (ANS), DOE to withdraw the rule.’’ In response regulatory proposals DOE formulated in AREVA, Babcock and Wilcox (B&W), to these concerns and comments, and consideration of comments received on the Center for Strategic and the desire to hear from as many the NOPR. Thereafter, DOE held two International Studies (CSIS), commenters as possible, DOE re-opened formal public meetings to give the EnergySolutions, Exelon, Fluor, G.C. the comment period to allow for more public an opportunity to make oral Rudy/Integrated Systems Technology public comments. comments and ask questions about the (IST), NEI, the Nuclear Infrastructure The SNOPR preamble adequately and proposed regulatory changes in the Council (NIC), and Westinghouse, also reasonably explained the reasons for SNOPR. In addition, DOE extended the made requests for guidance or DOE’s proposed reclassification of time period for the public to submit clarification on part 810 that would not foreign destinations, as well as other written comments on the SNOPR. DOE require a change from the regulatory text proposed changes to the part 810 received comments from 26 industry proposed in the SNOPR. Depending on regulation. It also explained the reasons members and organizations. The the specific nature of these requests, why DOE proposed the Secretary could majority of commenters expressly DOE may address each request as part not generally authorize nuclear supported some of the SNOPR changes of a formal guide, more informally as technology transfers to China, Russia, to the NOPR, such as proposals: part of a Frequently Asked Questions and India. Adequate notice was 1. Limiting the scope of technology (FAQ) page on the proposed Web site, provided for meaningful comments from covered by part 810 or in response to individual requests the public on the SNOPR as evidenced 2. Generally authorizing deemed made pursuant to § 810.5— by 26 separate letters of comments exports to certain U.S. nuclear industry Interpretations. submitted to DOE, including lengthy employees This final rule implements the and detailed comments from NEI and 3. Facilitating nuclear safety and other important goals of part 810: AREVA. DOE’s new approach in the exchange activities • Effective nuclear proliferation final rule to classifying general and 4. Generally authorizing nuclear threat reduction, specific authorization destinations is a technology exports to Mexico, Chile, • Effective civil nuclear trade reasonable policy decision, made in Kazakhstan, Ukraine, and the United support, and compliance with the requirements of the Arab Emirates • Efficient regulation. APA and as authorized by the AEA.

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2. Part 810 Process Improvements that may come from the PIP include with the reclassification of countries As noted in the SNOPR, many NOPR these recommended actions from that was proposed in the SNOPR. AHUG cited Chile, Jamaica, Jordan, commenters were concerned that the commenters: • Namibia, New Zealand, Nigeria, and the part 810 specific authorization process Digitize the 810 authorization Philippines as countries that deserved is unduly protracted, and that process (e810)—Digitization of the generally authorized status ‘‘due to their processing delays put U.S. suppliers at authorization process will make the participation in key international a competitive disadvantage with applications easier to complete; nuclear nonproliferation regimes, companies in other countries. It streamline the review process, increase transparency by enabling applicant including the Treaty on the Non- appeared that many concerns with the Proliferation of Nuclear Weapons (NPT), NOPR and SNOPR proposals indicated tracking; provide a searchable archive of past decisions; and facilitate audits the comprehensive safeguards less dissatisfaction with the merits of agreement (CSA) with the IAEA and an the proposed regulatory changes than required for ISO compliance. In this rule, DOE has added explicit email Additional Protocol (AP) thereto, and the commenters’ belief that the the NSG’’. Further, they noted that New proposed rule revisions would continue communication options, including applications, fast-track requests, and Zealand and the Philippines have been or worsen delays in receiving specific granted a general license pursuant to 10 authorizations. Ukraine notifications in § 810.4(c). • Reduce application processing CFR 110.26 under NRC’s regulations as AHUG, ANS, AREVA, B&W, CSIS, destinations authorized to receive EnergySolutions, Exelon, Fluor, GC time—This effort will begin by DOE analyzing the authorization case ‘‘minor’’ reactor components. Rudy/IST, NEI, NIC, and Westinghouse B&W named Saudi Arabia, Jordan, the database to determine causes of all made suggestions and comments Philippines, and Malaysia, and Fluor processing time variation and undue related to improving the processing of named the Philippines and Singapore as delay. The PIP team will conduct specific authorization requests. In many countries that deserved generally benchmark studies to identify best cases these comments reiterated those authorized status, but provided no practices and methods to improve received during the NOPR comment specific arguments regarding their period. As these comments are not efficiency. The team will work with the suitability for the non-inimicality directed to the content of the proposed DOS to find ways to request and secure determination mandated by AEA rule, they will not be addressed here but foreign governments’ nonproliferation § 57b.(2). rather in the PIP that is ongoing assurances more promptly, and make EnergySolutions commented ‘‘The currently. internal DOE and inter-agency reviews Department has failed to account for the Similarly, commenters’ concerns of part 810 specific authorization burden imposed by the proposed rule about process ‘‘burdens’’ appeared to applications more efficient by reducing and the message it sends to foreign drive their comments about the unnecessary reviews and approvals. nations.’’ The company repeated the • substance of the proposed regulatory Develop a guidance document— claim it made in response to the NOPR changes. As noted, DOE proposed and Many SNOPR commenters sought that reversing the approach to country has underway a PIP separate from the guidance or clarification on specific designations was unwarranted. In its rulemaking to make the part 810 issues and recommended DOE prepare a comments on the SNOPR, authorization process more transparent, guidance document or Web site to EnergySolutions further commented orderly, and efficient in order to address improve transparency. As noted above, ‘‘the SNOPR sends a message to specific authorization time in process. DOE intends to develop a document or countries that have not been considered The part 810 PIP is part of a larger Web site that may include responses to a proliferation risk for over 70 years and NNSA plan to be ISO 9001 compliant. requests made under § 810.5 (with have maintained safe nuclear The PIP team will focus on improving proprietary information redacted), operations, that the United States now performance as measured by these FAQs, and process maps of various part views them as a potential liability. critical to quality characteristics: 810 activities. DOE will continue to While the Department may view this • Effective nuclear proliferation adhere to current inter-agency new Rulemaking as a way to provide threat reduction in a changing world, procedures for processing, reviewing additional oversight to trade countries, • Openness, predictability, and and approving specific authorizations as EnergySolutions fears that it has the clarity of regulation, and set forth in the ‘‘Amendment to potential to adversely affect foreign • Efficiency: Performing the mission Procedures Established Pursuant to the relations with our trading partners.’’ of preventing proliferation without Nuclear Nonproliferation Act of 1978.’’ DOE has considered commenters’ wasting time, money, or placing 49 FR 20780 (May 16, 1984). recommendations for countries to be unnecessary burdens on U.S. companies reconsidered for classification as B. Classification of Foreign Destinations competing in global markets. generally authorized destinations. The PIP team also will: The general authorization versus Under section 57b.(2) of the AEA, the • Measure process performance by specific authorization proposed country Secretary may authorize the transfer of listening to applicant ‘‘customers’’ and classifications provoked considerable nuclear technology for the development process implementers. Receiving these comments in response to the NOPR. The or production of special nuclear inputs will be key to realistic problem SNOPR explained the rationale for the material by persons subject to U.S. definition and development of effective proposed changes and proposed to jurisdiction upon a determination that process improvements. change some classifications. Many of the activity will not be ‘‘inimical’’ to the • Analyze causes of delays in DOE the NOPR comments were repeated in interest of the United States. processing time for an application. SNOPR comments. AHUG, AREVA, Classification of activities and foreign • Recommend actions to sustain AUECO, B&W, CSIS, EnergySolutions, destinations as ‘‘generally authorized’’ improved performance in processing Electric Power Research Institute (EPRI), or, conversely, the determination that part 810 applications for specific Exelon, Fluor, National Association of other activities and destinations authorization. Manufacturers (NAM), NEI, NIC, USIBC, necessitate a specific authorization is a Anticipated improvements in the U.S. Russia Business Council, and matter committed to agency discretion. processing time of part 810 applications Westinghouse all expressed concerns The Secretary’s decision that a specific

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authorization is or is not required for a considered that being a party to track record as a responsible nuclear proposed transaction is based on U.S. nonproliferation treaties (including but nonproliferation partner. nuclear and national security policies. not limited to other regional treaties Moreover, Ukraine is heavily Consonant with those policies, the such as the Treaty for the Prohibition of dependent on nuclear reactors for Secretary may determine that Nuclear Weapons in Latin America generation of electricity. Currently, transactions with a country or entity are (Treaty of Tlatelolco), African Nuclear there are 15 operating reactors in either generally authorized or require a Weapon Free Zone Treaty (Treaty of Ukraine that generate about 50% of the specific authorization. Under the AEA, Pelindaba), South Pacific Nuclear Free electricity used there. While Ukraine is DOE is to promote widespread Zone Treaty (Treaty of Roratonga)), now a civil nuclear trading partner of participation in the development and while an important part of such a the United States, these reactors rely utilization of atomic energy for peaceful determination is not alone sufficient to almost entirely on services and nuclear purposes. The AEA, however, makes make a finding of non-inimicality. The fuel from the Russian Federation to national security the paramount NRC’s regulation at 10 CFR 110.26 is operate. Recent geopolitical concern. Consequently, assistance to, limited to reactor components only for developments in Ukraine involving the participation in, or technology transfer reactors generating less than 5MW, Russian Federation underlie the U.S. for the development or production of which is not an adequate indication of Government’s determination to help special nuclear material outside the a country’s ability to manage nuclear ensure that Ukraine is able to maintain United States may be authorized only technology and prevent its use in ways a stable civil nuclear energy program upon a determination by the Secretary ‘‘inimical to the interest of the United independent of and without support that such activities will not be ‘‘inimical States.’’ from the Russian Federation. to the interest of the United States’’. A No comments were received regarding However, transfers of nuclear technology and assistance to areas that destination is included on the proposed the SNOPR proposal to remove are not under control of the Government generally authorized list based on the Bangladesh and Peru from the generally of Ukraine could present a proliferation Secretary’s ‘‘not inimical’’ authorized destination list; therefore the risk, and a case-by-case non-inimicality determination required by section proposed deletion is retained in the determination is needed for transfers to 57b.(2) of the AEA. Examples of types final rule. of considerations taken into account those areas. For this reason, § 810.14 in The final rule retains the destination include the existence of a 123 the final rule identifies an additional classifications proposed in the SNOPR Agreement with the United States, a full requirement, for persons about to begin unchanged, except for clarification scope safeguards agreement with the any generally authorized activity concerning the availability of general IAEA, satisfactory experience as a civil involving Ukraine, to notify DOE at least authorizations for Ukraine (§ 810.14) nuclear trading partner, and being a ten days prior to beginning such and the addition of Croatia and Vietnam party to nonproliferation treaties and activity. Following notification of a as generally authorized destinations and membership in international proposed transfer to Ukraine pursuant the removal of Thailand. DOE will nonproliferation regimes. That to § 810.14, the Secretary may invoke provide notice of future changes to the determination can be made only with the authority in § 810.10 (c) if he the concurrence of the DOS and after Appendix in the Federal Register. determines that transfer is inimical to consultation with the NRC, the 1. Mexico the interest of the United States at that Department of Defense (DOD), and the time. Thus, that transfer would not be DOC. EPRI noted that additional IAEA considered generally authorized and the DOE appreciates commenters’ agreements beyond INFCIRC/203 and applicant would need to file a request recommendations for countries to be INFCIRC/825 with Mexico may be for specific authorization in accordance reconsidered for classification to developed, and suggested clarifying with §§ 810.7 and 11. generally authorized status. However, language to allow countries concluding classification of activities by destination such agreements to be included in the 3. Croatia and Vietnam as ‘‘generally authorized’’ is an general authorization destinations NEI noted that ‘‘Croatia, now a administrative tool to avoid unnecessary Appendix list to the final rule. DOE has member-state of the European Union, reviews of foreign atomic energy decided not to incorporate such changes should be added to the Appendix.’’ In assistance activities in countries that in the final rule. While DOE is prepared addition, as noted in section II, present little or no proliferation risk, at present to include Mexico on the Vietnam, as of May 26, 2014 signed a and are known nuclear trading partners. Appendix list, on the basis of its 123 Agreement with the United States, General authorizations reflect the agreement with the IAEA, DOE has and that agreement entered into force on assessment that the Secretary has made determined to approach other such October 3, 2014. DOE has added both a non-inimicality finding regarding the agreements on a case-by-case basis. Croatia and Vietnam to the list of provision of assistance and technology 2. Ukraine generally authorized destinations in the to particular countries on an advance Appendix to this final rule. programmatic basis, without performing The Secretary’s decision that a 4. Continued Specific Authorization a transaction-specific analysis or specific authorization is or is not Destinations (Russia, India and China) obtaining specific nonproliferation required for a particular proposed assurances from the government of the export is based on U.S. nuclear and B&W, EnergySolutions, Fluor, intended foreign recipient. national security policies. When the Lightbridge, and NEI all repeated The world has changed since the existing regulations were promulgated comments on the NOPR regarding original part 810 rule was issued. The in 1986, Ukraine was not a party to any DOE’s proposal to retain Russia, India, creation of new countries and the threat international nuclear cooperation and China as destinations requiring of proliferative activities in countries agreements. Ukraine has since entered specific authorization. Some disagreed with limited ability to manage or deter into a 123 Agreement with the United with the SNOPR’s explanatory rationale such threats must be considered in the States, has engaged in civil nuclear in section IV.B.2, but failed to provide Secretary’s determination of non- trade with the United States under the sufficient justification to warrant any inimicality. The Secretary has 123 Agreement, and has developed a change in the current specific

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authorization status of these three NEI commented that DOE should (Section IV.C.13.). The SNOPR countries. limit the scope of part 810 to explained that a mechanistic approach After duly considering the comments technologies that are ‘‘especially is not appropriate for part 810 coverage and consulting with the DOS, DOC, designed for the production or determinations for authorization of DOD, and NRC, the Secretary remains of processing of special nuclear material,’’ activities such as cooperative the view that it is not appropriate to such as enrichment, reprocessing, and enrichment enterprises and other change the part 810 specific production reactors. Adoption of this technology transfers by collaborative authorization status of these three proposal would move light water reactor enterprises. DOE will continue to make countries at this time for the same (LWR) technology outside the scope of coverage determinations based on the reasons as articulated in the SNOPR in part 810, even though it has been within specific facts of the proposed activity section IV.B.2. the scope since the inception of part including but not limited to technology 810. Although LWRs are designed to be transferred, the significance of the 5. Thailand and Norway primarily for power production, they do technology to the production of special directly produce plutonium, which is nuclear material, end user destination, The Appendix to the final rule has within the scope of part 810. Therefore, and end use duration of the activity been changed from the SNOPR to omit the final rule retains LWRs in the scope such as single transfer or an ongoing Thailand, whose 123 Agreement with of part 810. activity, rather than by mechanistic rule the United States has expired. As there NEI and NIC further commented that because the facts of each case are unique has not been a decision regarding there should be explicit exemptions or and not readily addressed by a de renewal of the Agreement at this time, authorization for the transfer of sales, minimis threshold or characterization. under this final rule Thailand will marketing or sourcing information, to NEI reiterated its recommendation to therefore be a specifically authorized provide U.S. business with more add the term ‘‘control-in-fact’’ to the destination. flexibility to operate in the very definition in § 810.3 and to apply the The Appendix to the final rule competitive international civil nuclear concept to the application of the scope includes Norway, whose 123 Agreement market because U.S. businesses are at a of § 810.2(a)(1) as well as revisions and with the United States has expired. disadvantage to foreign competitors that clarifications to that provision to However, the United States and Norway are not subject to technology controls include the term ‘‘control-in-fact.’’ NEI are negotiating a renewal of the 123 similar to part 810 requirements. DOE is recommended that DOE explicitly Agreement. Thus, the Department has not prepared to exempt the transfer of include in § 810.2(a)(2) the clarification determined that Norway will remain a part 810-controlled technology based on that foreign ‘‘licensees, contractors, or generally authorized destination under the intent of the transfer but will subsidiaries under [the] direction, this final rule. consider the content of the transfer supervision, responsibility or control’’ when making a determination of part of persons described by the proposed C. Activities Requiring Part 810 810’s applicability. That means that if rule in § 810.2(a)(1) are within the scope Authorization part 810-controlled technical data is of part 810 only if the technology 1. Special Nuclear Material Nexus transferred in a bid, proposal, transferred is of U.S. origin. Further, Requirement solicitation, trade show, or plant tour, NEI recommended that control be the activity is subject to part 810 determined by reference to corporate As explained in SNOPR section controls and requirements but if no such governance arrangements, instead of the IV.C.1, the Secretary has broad technical data is transferred, the activity specific terms and circumstances of the discretion to determine which activities is not within the scope of part 810 and proposed activity. DOE has considered indirectly constitute sufficient therefore not subject to those controls. this comment again and has determined engagement or participation in the NEI and B&W commented that the to adopt § 810.2(a) and (b) as proposed production of special nuclear material SNOPR lacked clear and justified without further revision. DOE will to bring them within the scope of part thresholds for how much recipient review the specific fact pattern of the 810. The decision is based on the nature control, modification or U.S. content in activity that includes the transfer of part of the technology or assistance to be jointly developed technology would be 810-controlled technologies, which in provided. As such, whether an activity enough to trigger part 810 coverage of an some cases may not match the stated is generally authorized is a matter of activity. NEI recommended that DOE governance or ‘‘control’’ of the company policy. A number of commenters adopt specific percentage values as de but which is specific to the technology (including; NEI, B&W, Westinghouse, minimis thresholds based on the total transfer in question. Fluor, ANS, NIC, AREVA, EPRI and value of technology to be transferred. B&W, TerraPower, NEI, and AHUG ERIN Engineering and Research Inc. NEI also proposed that only also commented that the definition of (ERIN)) stated that the SNOPR resolved ‘‘enhancements’’ to foreign technology ‘‘technology’’ should be revised to use some of their concerns with the should be subject to part 810, but other the conjunctive ‘‘and’’ in place of ‘‘or’’ sufficiency of the nexus between some changes, such as conforming foreign before ‘‘use’’ in proposed § 810.3, covered activities or technologies and technology to U.S. codes and standards thereby limiting the scope of part 810 to the production of special nuclear (commonly known as Americanization), activities and technologies directly material to be subject to part 810 but should not generally make the transfer associated with the production of maintained that the scope remained too of technology subject to part 810. In a special nuclear material, creating a broad or unclear in some cases. NEI also related comment, TerraPower asserted minimum threshold for technology and supported the proposed exclusion from that DOE should set a de minimis assistance provided, and mirroring the part 810 of technologies and assistance threshold of 5% ownership before that wording currently guiding the NSG. The under the jurisdiction of the DOS and ownership must be disclosed in an proposed use of the disjunctive ‘‘or’’ in DOC and requested the same treatment application for specific authorization. the definition of ‘‘technology’’ in for NRC-approved activities, which was The comments above are largely proposed § 810.3 was intentional. Any already explicit in § 810.2(c)(1) as restatements of views expressed in of the listed forms of assistance is proposed in the SNOPR and adopted in response to the NOPR and were sufficient to trigger part 810 coverage. It the final rule. addressed in the SNOPR preamble is not necessary to specify all of the

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technology forms; therefore the change inquiry to potential reactor specific U.S. vendors offering nuclear has not been made to the definition. applications of new technologies. This technologies that are identical or similar AUECO commented that under the type of research will not be generally to those that have been previously SNOPR, DOE would subject academic authorized because it can be applied to approved for export burdens U.S. and scientific communications and a facility that could be involved in the vendors, giving their competitors an research to new and burdensome production of special nuclear material. advantage without a nonproliferation deemed export requirements without The definition of ‘‘fundamental benefit. Both DOE and the commenters sufficient statutory basis, and that research’’ in the final rule remains recognize that the harm to U.S. vendors burden would be further exacerbated by unchanged from that proposed in the is exacerbated by lengthy part 810 the general/specific authorization SNOPR. application processing time required to proposed reclassification of 77 AUECO also commented that the secure a specific authorization. DOE countries. The SNOPR proposal, they SNOPR’s proposed definition of believes the way to resolve the time-in- argued, would jeopardize the free flow ‘‘publicly available information’’ did not process problem is through the PIP, not of academic collaboration that is address information that has been by relaxing the standards for the explicitly protected by the AEA, cleared for release by the appropriate Secretary’s non-inimicality without DOE identifying a clear or entity but has not yet been officially determination. It should be noted that direct connection to the production of released, and that lack of clarity on this the 1986 version of § 810.10(b)(7) special nuclear material. point adversely affects academic expressly states that in making the non- Part 810’s statutory basis is the AEA, institutions with respect to transferring inimicality determination, the Secretary which states its purpose is to ‘‘support nuclear technology to foreign national will take into account ‘‘[t]he availability the conducting, assisting and fostering researchers. AUECO recommended that of comparable assistance from other of research in order to encourage information that will be or is eligible for sources’’. The final rule retains this maximum scientific progress’’ through unlimited release should be considered provision. the establishment of policies that benefit ‘‘publicly available information’’ and NEI and AUECO commented that the not only the development of technology therefore not subject to part 810 controls description and definition of the but also, and paramount, the common in academic settings. DOE considers portions of the ‘‘nuclear reactor’’ that defense and security of the United information published in academic would be covered by part 810, as States. While part 810 requirements journals or otherwise available to the proposed in §§ 810.2 and 810.3 of the concerning deemed exports may apply general public to be ‘‘publicly available SNOPR, were an improvement from the in an academic setting, DOE technology’’ for the purposes of deemed NOPR and provided clarity, but did not understands that most work performed exports prior to actual publication as align with the NRC’s part 110 Appendix by academic institutions qualifies as long as the information has been A definition of a nuclear reactor. The fundamental research, which is exempt appropriately authorized for release and proposed definition of ‘‘nuclear reactor’’ from part 810 coverage under there is a clear intent to publish all in § 810.3 in the SNOPR is almost § 810.2(c)(2) of the final rule. Issuance of results, and directs commenters to identical to the NRC definition in 10 the final rule does not constitute a new examine the definition of ‘‘publicly CFR 110.2. Also, the proposed scope of burden for academic institutions and available technology’’ for clarification. part 810 controls concerning nuclear comports with AEA purposes. It is those This subject will be dealt with in more reactors has been aligned with the activities that go beyond fundamental detail in the PIP. language used in NRC’s part 110 research and are applied research and NEI also commented that the Appendix A. Specifically, the wording development that have always been definition of ‘‘publicly available ‘‘components within or attached within the scope of part 810 controls. information’’ should conform to the text directly to the reactor vessel, the No change has been made in this final of and guidance concerning the ITAR equipment that controls the level of rule in response to this comment. (International Traffic in Arms power in the core, and the equipment or AUECO and NEI welcomed the Regulations) administered by DOS and components that normally contain or definition of ‘‘fundamental research’’ DOC’s EAR (Export Administration come in direct contact with or control proposed in the SNOPR but commented Regulations). DOE has considered NEI’s the primary coolant of the reactor core’’ that it fell short of protecting applied request but has determined to retain the in § 810.2(b)(5) of the SNOPR has been research and development at definition as proposed in the SNOPR adopted in today’s rule to align directly universities, which they argued is the because the definition as formulated in with language used in Appendix A of intent of the AEA. The definition the final rule adequately and completely NRC’s part 110 regulation. announced today achieves the intent of incorporates the characteristics of NEI further commented that the the AEA both to encourage fundamental information that DOE considers to be description of the scope of covered research and to protect information publicly available. technologies concerning nuclear whose dissemination is restricted for reactors proposed in § 810.2 of the national security reasons. NEI also 2. Activities Supporting Commercial SNOPR did not address the limits of recommended revising the definition of Power Reactors application of the regulation to ‘‘fundamental research’’ to exclude NEI and B&W commented that analogous components or systems in proprietary ‘‘industrial development’’ controlling LWR technology is boiling water reactors and pressurized and ‘‘product utilization’’ from the unnecessary, because it is ubiquitous water reactors. As a general principle, definition. DOE wishes to clarify that and available more freely from many DOE considers the technology related to proprietary development or utilization foreign vendors. Further, requiring a the primary coolant in the reactor core information is not exempted from specific authorization for such as within the scope of part 810 controls. controls in the final rule because technology to any country does little, in However, NRC’s part 110 regulation development and use technology is the commenters’ view, to stem specifically excludes the steam turbine beyond basic scientific exploration that proliferation and would hurt the generator portion of a nuclear power is intended to remain outside the scope competitive position of U.S. vendors. plant from its definition of a utilization of part 810. Applied research crosses the AHUG, Fluor, and NEI stated that facility. Since the definition and scope boundary from theoretical scientific requiring a specific authorization for statement in the SNOPR’s proposed rule

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were meant to align with part 110, DOE authorization is required, DOE should exports would continue to apply to has determined that the steam turbine follow the DOC policy of using the NRC-cleared individuals working in the generator portion of a nuclear plant is individual’s most recent country of United States for a U.S. company who licensed by the DOC and is not subject citizenship or permanent residency to are no longer working at the NRC- to part 810 requirements. determine citizenship. Current DOE licensed facility, but who require access B&W commented that DOE should practice is to consider all countries of an to part 810-controlled information. develop a list of Widely Available individual’s allegiance (citizenship or Under this suggestion, the authorization Technologies. B&W further permanent residency) in making the would extend to foreign nationals recommended that DOE solicit national requisite non-inimicality determination. working in the United States at any U.S. laboratory and industry input to publish Authorization decisions in these company, even if unescorted access and update the list through a Federal situations are fact-specific, and DOE status has expired. DOE is not adopting Register Notice. Per B&W’s comment, will continue to deal with them on a this proposal in today’s final rule the technology list would include an case-by-case basis. Therefore DOE is not because the termination of NRC exhaustive list of technologies or incorporating this suggestion in the final unescorted access could occur for a assistance associated with those rule. variety of reasons which must be technologies and be generally ANS, AREVA, AUECO, NEI, and considered. DOE invites applicants with authorized to non-embargoed countries. AHUG welcomed the general respect to the requirements of DOE has not added a widely available authorization proposed in the SNOPR at § 810.11(b)(2) to document any NRC technology list to part 810 at this time § 810.6(b) for foreign nationals working clearances granted to subject foreign because the Secretary has not made a at NRC-licensed facilities who are nationals that may be used to inform non-inimicality finding about the granted unescorted access in accordance DOE’s determination of non-inimicality transfer of technologies directly or with NRC regulations. The commenters for the deemed export. indirectly related to the production of also suggested expanding the general AREVA commented that positions special nuclear material but rather the authorization to include foreign requiring critical skill sets may go destination of those technologies. nationals working in the United States unfilled due to the increased number of Instead, DOE will address technologies at non-NRC licensed facilities, based on foreign nationals working for AREVA in and approving the transfers of them in NRC regulations governing access to the United States and overseas that will the PIP. As a part of the PIP process, safeguards information (SGI) or a U.S. no longer be eligible for a general DOE will seek stakeholder input during security clearance for access to authorization because under the SNOPR planned outreach programs. classified information. DOE determined proposal, more countries would be NEI, B&W, Fluor, AHUG, and NIC that NRC’s regulations and reviews specific authorization destinations, provided similar comments to the effect governing unescorted access to NRC therefore restricting a larger number of that if technology related to nuclear licensed facilities are much more possible hires from accessing part 810- reactors continues to be defined as detailed than SGI protection controlled technology. In addition, proposed in § 810.2 of the SNOPR, some requirements, which mandate only a AREVA stated that the provision would formulation of a ‘‘fast track’’ or hybrid search by the Federal Bureau of only address current employees but not authorization process should be Investigation to identify any criminal address future hires and thus included in the regulation text or a records of the individual for whom the complicate hiring decisions. DOE has general authorization provided for applicant is requesting access. weighed this comment and understands transfers of identified technologies. This Alternatively, for unescorted access to that companies are concerned about process would not apply to technology controlled technology in an NRC- burdens to comply with deemed export transfers to embargoed or non-NSG licensed facility, an individual must controls under the final rule, given the member countries but all other undergo a stringent review in addition increase in the number of specifically specifically authorized destinations. to complying with the SGI’s authorized destinations. DOE will Expediting the approval of nuclear requirement, including, but not limited continue to require companies to seek reactor technology transfers to to, a psychological interview, drug authorization to provide access to part destinations requiring specific testing, and employment history check. 810-controlled technologies to authorizations will be addressed in the After consulting with the NRC, DOE and individuals who are citizens of PIP that is being conducted NRC concurred that, for the reasons specifically authorized countries independently from this rulemaking. described above, SGI review criteria are because the transfer of technology to a Therefore DOE will not incorporate a not sufficient to justify providing a citizen of a specific authorization change or add a general authorization general authorization under part 810 for destination is considered an export to for nuclear reactor technologies at this foreign nationals to have access to part that country and therefore deemed an time. 810-controlled technologies. In export, which requires a Secretarial addition, DOE was unable to identify a non-inimicality finding before the 3. Deemed Exports and Deemed Re- cohort of foreign nationals who would export can be authorized. But under the Exports Employee Issues have security clearances and are PIP, DOE will endeavor to institute AUECO, NEI, B&W, and nationals of countries not on the part efficiencies to decrease the review and Westinghouse repeated in response to 810 Appendix list that would justify approval times for deemed export the SNOPR their recommendation in adoption of the suggestion in the final authorizations. comments on the NOPR concerning the rule. No other regulatory regimes or Exelon stated that the cost of review transfer of part 810-covered technology persuasive factors were identified by the of I–9 forms (required by U.S. to individuals who are citizens other commenters as a basis for DOE to Citizenship and Immigration Services) (including those with dual citizenship) make the requested change. Therefore, to determine the number of foreign of specific authorization countries but DOE has decided to adopt § 810.6(b) as nationals working at U.S. nuclear have lawful permanent residence in a proposed in the SNOPR. facilities who are citizens of specifically generally authorized country. The NEI further requested that DOE authorized countries will be overly commenters advanced the view that, in should clarify in guidance that the burdensome and impede hiring and determining whether a specific general authorization for deemed internal reassignments. In this regard,

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the final rule makes all employees companies in some subset of countries assistance are under its control and take granted unescorted access to an NRC- (B&W proposed NSG member states) as place in compliance with part 810. licensed facility generally authorized, eligible for general authorization with AUECO commented that the rule obviating any need to research the respect to deemed re-exports, meaning ‘‘should also explicitly authorize citizenship status of employees who the recipient entity would be generally deemed exports to foreign nationals of have been granted unescorted access to authorized, as well as all its employees, Appendix A [sic] countries who meet an NRC-licensed facility. In addition, regardless of citizenship, so long as the the requirements of § 810.6(b)(1, 2 and the required I–9 forms provide readily foreign nationals are employed legally 4) . . .)’’ This recommendation available data on new foreign national (and in the case of Fluor’s comment, so indicates a misreading of § 810.6. employees that should help companies long as a confidentiality agreement is in Proposed § 810.6(a) of the SNOPR determine whether a foreign national place). As noted above, DOE has explicitly authorizes specified activities needing access to part 810-controlled determined to retain in the final rule with entities in countries listed in the information will require a specific adopted today the regulatory approach Appendix. Section 810.6 proposed in authorization. to deemed re-exports under the 1986 the SNOPR and adopted in today’s final NEI and B&W both commented that version of part 810 and in the NOPR and rule includes all nationals or citizens of the time frames in the supplemental SNOPR. countries listed in the Appendix for all proposed rule at § 810.15 were B&W and NEI suggested that the activities except those described in inadequate, DOE acknowledges that 90 language contained in § 810.11(c) as § 810.7. days is too short a time for many entities proposed in the SNOPR (§ 810.11(b) in In conclusion, DOE carefully weighed to review internal compliance programs, the final rule) indicates that mere the comments received concerning review employment records, file reports ‘‘employment’’ of a foreign national who deemed exports and deemed re-exports. with DOE on current foreign employees is a citizen of a country not listed in the In the discussion above, DOE has receiving part 810-controlled Appendix, by a U.S. company or its provided clarity for issues raised by technology, and submit necessary foreign subsidiary, would require a commenters, but has determined that it requests for specific authorization, and specific authorization. This is incorrect. is unnecessary to make changes to the in today’s final rule DOE has therefore Under the SNOPR and under today’s requirements for deemed export and extended the transition period to 180 final rule, a specific authorization is deemed re-export authorizations as days. required for the transfer of part 810- proposed in the SNOPR. DOE will Fluor commented that it is not controlled technology or information to address potential improvements for reasonable for a U.S. company to treat a foreign national, not merely efficiencies for such applications in the its non-U.S. citizen employees working employment of that individual by a U.S. PIP and continue to work directly with in offices/subsidiaries located in foreign company or its foreign subsidiary. part 810 applicants that have fact- countries differently (e.g., an employee B&W and NEI also recommended that specific compliance questions. who is a citizen of specific authorization DOE streamline the proposed part 810 4. Operational Safety Activities country working in a country on the rule to clarify that U.S. companies are general authorization Appendix list only required to comply with the AREVA, AHUG, and EPRI strongly would require a specific authorization proposed deemed export requirements supported the inclusion of the proposed to access part 810-controlled to the extent that compliance does not definition of ‘‘operational safety’’ and technology); and requested that foreign violate applicable employment laws in the proposed general authorization nationals employed at U.S. subsidiaries those countries where a company’s provisions contained in the SNOPR for in countries not listed in the Appendix foreign national employees are proposed § 810.6(c) (adopted as be eligible for a general authorization as employed. The intent of § 810.11(b) as § 810.6(b) in the final rule). AHUG and long as the company can assure DOE proposed and made final is to control EPRI provided comments and a red line that the part 810-covered technology technology transfers, not employment. It text of the general authorization transferred to the foreign national is enables DOE to implement its authority provisions at proposed § 810.6(c)(2) and protected from unauthorized disclosure. to authorize re-exports of transferred (3) as well as the definition of The final rule retains the approach, as technology. Companies may hire ‘‘operational safety’’ contained in implemented under the 1986 version of whomever they choose. However, the proposed § 810.3 to further expand the the rule and as proposed in the NOPR AEA is the foundation upon which the provisions. AHUG, NEI, and EPRI and SNOPR, to deemed re-exports. That regulation at part 810 and makes clear recommended that DOE consolidate is, whether a specific authorization is that U.S. companies are not free to proposed §§ 810.6(c)(2) and (3) into a required for a foreign national (as transfer part 810-controlled technology single general authorization that focuses defined in § 810.3) employed in a to employees who are citizens of on the nationality of the recipients of foreign country depends on the general countries that are not listed in the the operational safety information or or specific authorization designation of Appendix without a specific assistance rather than on the nuclear the foreign national’s country of authorization or who meet the power plants. The commenters alleged citizenship. Under the final rule, requirements of § 810.6(b) of the final that proposed § 810.6(c)(2) would be companies working with entities rule. applicable only to existing plants outside the U.S., whether or not they are NEI commented that as proposed in overseas, while proposed § 810.6(c)(3) wholly owned subsidiaries, are the SNOPR, a foreign national is would include new plants as well as authorized either generally or through a required to interact with DOE to secure existing plants in the United States and specific authorization to transfer a specific authorization. That assertion that DOE did not provide a clear specific technology. DOE will continue is incorrect. DOE consent is requested rationale for its proposal. AHUG further to require compliance with the transfer by and granted to the U.S. company- commented that extending a general of part 810-controlled technology no applicant under the rule, and not authorization as proposed in the SNOPR matter where the export takes place. directly to the foreign national. It is the to include assistance to new nuclear B&W and Fluor made a similar responsibility of the person subject to power plants located in countries that proposal: That DOE view part 810- part 810 to ensure that transfers and are not eligible for a general controlled technology transfers to retransfers of U.S. technology and authorization to ensure state of the art

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safety technologies and methodologies, in foreign countries should be generally not conform to the NSG Guidelines but including input from U.S. nuclear authorized. ERIN commented that PRAs instead reflects U.S. law. operators, are incorporated at the design do not fall within the scope of part 810 DOE will address with Enrichment phase of a reactor construction is crucial because the methodology is publicly Technology U.S. and Integrated Systems for the safety of nuclear plants. available. Further, ERIN stated that Technology the questions posed in their Proposed § 810.6(c)(2) is intended to while the information included in the comments concerning the application of authorize U.S. companies to provide PRA is specific to the power plant, no the final rule to their specific cases or operational safety technologies and knowledge to design or operate the authorization conditions. NIC assistance to existing plants in foreign reactor more efficiently is transferred in recommended a users group be created countries so they can meet specific the process of developing a PRA or the for part 810 authorization recipients. national or international safety final report. DOE has considered this After consideration of this request, DOE standards or requirements for comment and agrees with ERIN’s has decided that the need for a users operational safety. Proposed comment. DOE concludes in today’s group will be considered upon § 810.6(c)(3), on the other hand, is final rule that PRAs are generally completion of the PIP. intended to authorize important authorized activities within the TerraPower commented that benchmarking activities at plants in the definition of ‘‘operational safety’’ for clarification is needed concerning United States by international entities or destinations typically requiring specific technologies and assistance associated individuals, such as those conducted by authorization. No change to the rule is with fuel research and development the INPO, and NRC-sponsored and required to address this comment. programs that could be viewed as -approved activities. The difference in NEI commented that in proposed analogous to reprocessing technologies treatment between plants located in the § 810.6(c)(1) of the SNOPR the words and because, without a definition of United States and those overseas is ‘‘which emergency cannot be met by ‘‘reprocessing’’ in the rule, there is room intentional. Assistance to U.S. facilities other means’’ should be deleted. NEI for misinterpretation. DOE has is not assistance to foreign entities, and stated that it is not in the interest of the considered this comment and will the incidental transfer of technical United States that persons subject to address these specific concerns on a information to foreign nationals part 810 should, in the face of a current case-by-case basis because the providing the assistance is not deemed or imminent radiological emergency, technology has a number of aspects that by DOE to be a significant proliferation spend time trying to demonstrate that may or may not constitute reprocessing risk. However, providing information no other means, foreign or domestic, depending on the specifics of the case. during the design and construction of a could defuse that emergency, or that the A definition could be too restrictive in new facility in a destination requiring proposed assistance is uniquely capable some applications, and insufficient in specific authorization constitutes a of successfully doing so. DOE declines others. much higher proliferation risk, and to incorporate that suggestion because DOE will not address B&W comments requires DOE approval. The basis for the the phrase in question provides DOE concerning the extraterritorial DOE decision to adopt the distinction with the latitude to make the application of the rule as this is outside between assistance to a foreign reactor determination that an activity can take the scope of this rulemaking. Other and benchmarking in the United States place without the paperwork in place. matters that were presented but are remains the basis for § 810.6(c)(3) in the This is the qualitative analysis that outside the scope of this rulemaking final rule. NRC-sponsored or -licensed DOE, not the U.S. company, must include: EPRI’s comment that any activities in the United States or conduct when considering such revision of part 810 is unnecessary as overseas are outside the scope of part requests. However, to clarify the intent, the United States already has the most 810, as explicitly provided in the phrase ‘‘in DOE’s assessment’’ has stringent and unilateral export controls § 810.2(c)(1). been added. The phrase now reads in the world; and NIC’s DOE also reviewed the proposed ‘‘which emergency in DOE’s assessment recommendations to modernize the revision to the definition of ‘‘operational cannot be met by other means.’’ AEA 123 Agreement process and safety’’ provided by AHUG and EPRI. conduct a 360-degree peer review of DOE proposed a definition of 5. Other other nuclear technology export control ‘‘operational safety’’ in the SNOPR that NEI reiterated its view that exercise of regimes. would broaden the scope of assistance the Secretary of Energy’s statutory NEI submitted a number of editorial and technology that could be generally authority under § 57 b.(2) of the AEA to and clarifying revisions in a red lined authorized. The suggested revisions as authorize persons to engage or document, including a proposal that provided by AHUG and EPRI further participate in the development or proposed § 810.5(b) should include a broadened DOE’s proposed scope and production of special nuclear material timeframe for a response (NEI proposed include services that are not considered outside the United States can and 30 days). The proposed rule and this merely safety but rather services to should be delegated; however, as the final rule already provide 30 days for improve design and/or efficiencies of AEA in section 161 n. does not allow for responses to requests for advice. nuclear reactors. Because the general delegation below the Secretary, the Specific authorizations frequently authorization relates only to operational requested change has not been made in require interactions with foreign safety, the broader definition that the rule. NEI also commented that some governments over whose response time includes design improvements or language proposed in the SNOPR does DOE has no control, thus attempting to efficiencies has not been adopted. DOE not conform to the NSG Guidelines in incorporate a timeline in the final rule has not made revisions to the proposed some areas. The U.S. Government is a would not achieve NEI’s intended definition of ‘‘operational safety’’, but member of and fully supports the NSG; purpose of driving speedier DOE rather is adopting unchanged in today’s however, the legal underpinning of the approvals. Putting a hard deadline in final rule the definition proposed in the part 810 regulation is U.S. law, namely, the rule would require DOE to reject the SNOPR. the AEA. The NSG Guidelines are application if foreign government ERIN requested clarification on adopted by the NSG by unanimous nonproliferation assurances could not whether probabilistic risk assessments approval; thus, in some important be obtained within the mandated time, (PRAs) for existing nuclear power plants instances the part 810 regulation will and would require the company to

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resubmit and restart the process. DOE the rule should be clear that any activities in countries moving from will address timelines in the PIP and controls asserted on the basis of general authorization to specific not in the final rule published today. Secretarial determination over specific authorization classification. NEI pointed types of technical assistance that are not out that such activities were unlikely to D. Technical Corrections listed in the rule should apply only be found problematic by DOE. NEI 1. § 810.1 prospectively.’’ recommended a limited time frame and The definition of ‘‘assistance’’ NEI recommended adding a clause to suggested that a lack of objection from includes a list of activities that can be proposed § 810.1 ‘‘(d) Establish orderly DOE would constitute acceptance. construed as assistance, and cannot, by DOE acknowledges that 90 days is too and expeditious procedures for the its nature, be a comprehensive short a time for many entities to request consideration of requests for specific description of all the ways persons may specific authorization for activities that authorization under this part.’’ endeavor to assist persons in other were generally authorized prior to This phrase is, in part, a direct quote countries with nuclear technology. The issuance of the final rule, and in today’s of § 57 b. of the Atomic Energy Act inclusion of the phrase ‘‘as determined final rule DOE has therefore extended directing the adoption of procedures for by the Secretary’’ is intended to prevent the transition period to 180 days. processing part 810 specific circumvention of this rule by the mere However, a finding of non-inimicality authorization requests. Such procedures renaming of activities to avoid the cannot be met by DOE not meeting a were issued in 1978 and amended in descriptions included in this list. deadline of any kind. Acknowledging 1984. It does not add to the rule, nor Therefore, based on consideration of the that technology transfers have already does it create enforceable language that comment, DOE determined to retain the occurred, the savings clause in the final will either help applicants obtain their phrase in the final rule. rule provides that until DOE acts on an specific authorizations more rapidly or applicant’s request, the applicant can provide further direction to DOE. 4. § 810.6(f) continue its part 810-controlled current Therefore, DOE does not incorporate NEI commented that DOE should activities. this recommendation into the final rule. delete the ‘‘and’’ at the end of § 810.6(f) V. Regulatory Review 2. § 810.3 Technical Services proposed in the SNOPR to clarify that any one of the activities in subsections A. Executive Order 12866 AUECO commented that there was no (a) through (g) of this section is Today’s final rule has been definition of ‘‘technical services’’ independently generally authorized, determined to be an economically proposed in the SNOPR and requested rather than requiring that all of them be significant regulatory action under clarification concerning whether the involved in order for the activity to be Executive Order 12866, ‘‘Regulatory quoted phrase is different from the generally authorized. defined term ‘‘technical assistance.’’ DOE agrees with NEI and in this final Planning and Review,’’ 58 FR 51735 The term ‘‘technical services’’ occurs rule replaces ‘‘and’’ with ‘‘or’’ to make (October 4, 1993). Accordingly, this only once in the 1986 version of the rule the disjunctive nature of the list clear. action was subject to review under that and in the SNOPR, in the definition of Executive Order by the Office of ‘‘sensitive nuclear technology.’’ To 5. §§ 810.6(c)(2) and 810.11(b) Information and Regulatory Affairs of avoid the potential for confusion, DOE NEI requested that DOE clarify ‘‘that the Office of Management and Budget. in today’s final rule has replaced 810.6(c)(2) has correctly numbered The required economic impact analysis ‘‘technical services’’ with ‘‘assistance’’ references. It calls for information in was prepared by DOE. AREVA, AUECO, because they have the same intended 810.11(b), which refers the applicant to George Mason University, and NEI meaning. A new definition of optional information from 810.9(b) and commented that the economic analysis ‘‘assistance’’ has been added to § 810.3. (c).’’ performed as a part of the rulemaking was based on flawed data sets or data 3. § 810.3 Technical Assistance vs. The SNOPR proposed § 810.11(b), from soft growth periods, which the Assistance which provided applicants the option of providing information concerning the commenters contended are not realistic NEI commented that ‘‘assistance’’ factors listed in §§ 810.9(b) and (c) of in normal circumstances. should be globally replaced with the SNOPR. DOE has determined that NEI’s analysis is the most ‘‘technical assistance’’ or ‘‘assistance’’ the factors are more properly considered comprehensive of those provided and is should be defined. by DOE in making non-inimicality used in this discussion of the economic The phrase ‘‘technical assistance’’ determinations. Therefore, in the final impacts of this final rule. Rather than occurred only twice in the SNOPR rule § 810.11(b) as proposed in the debate the assumptions between DOE’s beyond the definitions in proposed SNOPR has been eliminated and analysis and NEI’s analysis, DOE § 810.3. All usages of ‘‘technical § 810.11(c) as proposed in the SNOPR accepts NEI’s basic claim that different assistance’’ in today’s final rule have has been renumbered as § 810.11(b). assumptions will result in different been replaced with ‘‘assistance’’ and the In the final rule, the phrase ‘‘and may outcomes. NEI’s critique claims that definition modified accordingly. As provide information cited in revisions to part 810 as proposed in the noted, a new definition of ‘‘assistance’’ § 810.11(b)’’ is eliminated from SNOPR would have an annual impact of has been added to § 810.3. § 810.6(c)(2). The elimination of $10 million to the detriment of the U.S. In addition NEI commented that the § 810.11(b) and subsequent renumbering nuclear industry. phrase ‘‘as determined by the Secretary’’ also requires changes to § 810.11(a) that In its analysis, NEI listed 14 key in the definition of ‘‘assistance’’ should referenced § 810.11(b). This clause now countries that will be moving from be deleted because ‘‘it is vague and references §§ 810.9(b)(7), (8), and (9). generally authorized to specifically open-ended and reduces certainty about authorized classification and based its what types of assistance are covered by 6. § 810.16 Savings Clause conclusion concerning the economic Part 810. Any expansion of the reach of NEI and B&W both commented that impact of DOE’s proposed regulatory the regulation should be accomplished the time frames in proposed § 810.15 revisions on these 14 countries. NEI did only by an amendment, subject to were inadequate. B&W recommended a not provide any information about the Section 553 of the APA. At a minimum, complete grandfathering of all current specific opportunities provided in each

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country, so DOE has assumed it is acknowledge that there is additional from specific authorizations to general roughly equal to $700,000 per country effort involved in hiring workers from authorization classification. Such per year. As Croatia was included in these destinations into positions where changes serve to reduce the impact of NEI’s list, and since that country has part 810-controlled technology would this rule further. For example, Vietnam been included on the Appendix list of be shared, the final rule does not (although not one of NEI’s identified 14 generally authorized destinations, any preclude such hiring and, in fact, NNSA critical countries) has just entered into impact should be reduced by $700,000 is working on a PIP to reduce this a 123 Agreement with the United States, per year, bringing the impact down to burden. Under the 1986 version of the and is included in the Appendix to the $9.3 million per year. rule a large number of the specific final rule as a generally authorized NEI’s critique also included a authorizations were, in fact, to allow destination. projected $5 million per year impact for such workers to work in those positions. These corrections bring the net effect losses associated with deemed exports. However, for the sake of discussion, of the NEI based analysis to $6.8 million The argument is related to an economic DOE accepts that there is an impact of per year, or roughly $100 million over loss attributed to those companies that $2.5 million per year. the analysis period (present to 2030). would be required to hire workers from To be further conservative, DOE has The Table below summarizes NEI’s countries that do not require specific omitted any potential additional original assumption and DOE’s authorizations. While the DOE does positive impact of countries moving corrections:

Impacts Annual through Changes impact 2030 (million/yr) (millions)

NEI ...... Base ...... $10 160 DOE Changes for Croatia’s status as GA ...... $0.7 ...... 9.3 148.8 DOE Changes for Deemed export impact ...... $2.5 ...... 6.8 108.7

DOE’s economic analysis compared associated with transferring technology the net effect on U.S. nuclear exports the potential impacts on the U.S. to specifically authorized countries using the average annual yearly trade nuclear exports of shifting countries reclassified as generally authorized derived from the WNA low projection from one type of authorization to countries to be between $86 to $154 from 2013 through 2030 and from four another for three different nuclear million per year. scenarios that assume 10% to 40% of capacity forecasts. Using the World DOE monetized the potential impact annual yearly trade will be impacted Nuclear Association (WNA low of the rule from moving countries from either positively or negatively by the projection), Nuclear Assurance the GA to SA category and from the SA rule change. Using the 20% impact as Corporation, and UxC nuclear capacity to the GA category. For countries the assumption for the primary impact forecasts; DOE estimated the potential moving from the GA to SA category, the estimate, DOE estimated the costs to be for lost business in nuclear exports to monetary impact is expected to be $23 million/year and the benefits to be range from $20 to $86 million per year negative, since specific authorization $43 million/year with a net benefit of over the 18-year window as potential involves additional cost to applicants $20 million/year at a 7% discount rate. export volume destined for countries and time for DOE to process, and some The net benefit of the rule ranged from moving from generally authorized to small fraction of SA applications may a low of $9 million/year to $53 million/ specifically authorized status. Using the ultimately not be approved. The impact year at a 7% discount rate as shown in same three nuclear capacity forecasts, of moving a country from the SA to GA the table below. The estimates using a DOE also estimated the potential category will, for the same reasons, is 3% discount rate are also presented in impacts on U.S. nuclear exports expected to be positive. DOE calculated the table below.

Discount Primary Low estimate High estimate Year dollars rate Period (%) covered

Annualized Monetized Costs ($Millions/Year) ...... $22,690,617 $10,084,718 $60,508,311 2010 7 2013–2030 23,674,479 10,521,991 63,131,945 2010 3 2013–2030 Annualized Monetized Benefits ($Millions/Year) ...... 42,586,759 18,927,448 113,564,690 2010 7 2013–2030 42,927,555 19,078,913 114,473,479 2010 3 2013–2030 Annualized Monetized Net Benefits ($Millions/Year) ...... 19,896,142 8,842,730 53,056,379 2010 7 2013–2030 19,253,076 8,556,922 51,341,534 2010 3 2013–2030

Both NEI and DOE’s analyses concur authorized to specific authorization providing an opportunity for public that MW’s of nuclear generation serve as status represent significantly less than comment on office name changes in a rough approximation of potential 1% of the total market. DOE’s internal organization structure market opportunity. In looking at prior to publication of this rule is not B. Administrative Procedure Act comprehensive forecasts from today to necessary and contrary to the public 2030, DOE notes that at the maximum, In accordance with 5 U.S.C. interest because they are minor the countries moving from generally 553(b)(3)(B), the DOE finds that technical changes. Prior notice and

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opportunity to comment on these E. Paperwork Reduction Act positive generally authorized changes are unnecessary because they U.S. companies that wish to export destination list is not expected to result are not subject to the exercise of nuclear technology or assistance within in a substantial increase in the volume discretion by the DOE. the scope of this final rule must provide of reporting or requests for specific authorization, as the subject countries C. National Environmental Policy Act DOE with information concerning the technology to be transferred as well as have no civilian nuclear programs or DOE determined that today’s final the destination and use or application of plans for civilian nuclear programs in rule is covered under the Categorical the assistance or technology. Depending the near future. The reporting and application burden Exclusion found in DOE’s National on the destination and the technology in is estimated at three hours per response, Environmental Policy Act regulations at question, a U.S. company will be and an average of three responses per required to submit a report of the paragraph A5 of Appendix A to Subpart distinct entity, regardless of it being a activity 30 days after the fact or a D, 10 CFR part 1021, categorical report of generally authorized activities request for a specific authorization from exclusion A5, which applies to a rule or or a request for specific authorization. the Secretary. DOE submitted a request regulation that interprets or amends an This number includes the time for for the reinstatement of the collection of ‘‘existing rule or regulation that does not reviewing the regulation, searching information associated with change the environmental effect of the existing data sources, gathering and recordkeeping and reporting rule or regulation being amended.’’ maintaining the data needed, and requirements of part 810 to OMB for Accordingly, neither an environmental completing and reviewing the collection approval pursuant to the Paperwork assessment nor an environmental of information. DOE estimated for the impact statement is required. Reduction Act of 1995 (44 U.S.C. 3501 1986 version of the rule that the total et seq.) and the procedures D. Regulatory Flexibility Act number of unduplicated respondents to implementing that Act, 5 CFR 1320.1 et be 145 with the average of 2.22 seq. The collection of information The Regulatory Flexibility Act (5 responses per respondent, resulting in requirements for compliance with part U.S.C. 601 et seq.) requires preparation 322 responses and 966 total annual 810 and recordkeeping is subject to of an initial regulatory flexibility burden hours with the average burden review and approval by OMB under analysis for any rule that by law must per response at 3 hours and the average OMB Control Number 1901–0263. OMB be proposed for public comment, unless annual burden per respondent at 6.66 approved the reinstatement of the the agency certifies that the rule, if hours. Under the final rule, DOE is information collection on October 31, promulgated, will not have a significant estimating that the number of 2014. DOE published notices in the economic impact on a substantial respondents will remain the same but Federal Register on March 7, 2014, that the number of reports filed per number of small entities. As required by FRN# 2014–04984, p. 13048, and FRN# Executive Order 13272, ‘‘Proper respondent to increase from 2.22 to 2014–12800, p. 31928 soliciting 3.19, resulting in 463 total annual Consideration of Small Entities in comments on the DOE estimate of the Agency Rulemaking,’’ 67 FR 53461 responses and 1389 total annual burden information collection burden. No hours. The average burden per response (August 16, 2002), DOE published public comments were received on the procedures and policies on February 19, is estimated to remain at 3 hours per 60-day or 30-day notices. In association respondent and the average annual 2003, to ensure that the potential with this rulemaking revision for part impacts of its rules on small entities are burden per respondent at 9.57 hours. 810, DOE is submitting for OMB Notwithstanding any other provision properly considered during the approval the revisions to this rulemaking process (68 FR 7990). DOE of the law, no person is required to information collection. respond to, nor shall any person be has made its procedures and policies Under the 1986 version of the rule, a available on the Office of the General subject to a penalty for failure to comply list of countries at § 810.8(a) contained with, a collection of information subject Counsel’s Web site: http:// 73 counties that required case-by-case to the requirements of the Paperwork www.energy.gov/gc/downloads/ review for the Secretary to make a non- Reduction Act, unless that collection of executive-order-13272-consideration- inimicality finding specifically information displays a currently valid small-entities-agency-rulemaking. authorizing the transfer of any OMB Control Number. In the SNOPR, DOE certified that this technology or assistance except where rule would not have a significant generally authorized in § 810.7. By F. Unfunded Mandates Reform Act of economic impact on a substantial default, all countries not listed were 1995 number of small entities and did not generally authorized destinations for the The Unfunded Mandates Reform Act prepare a regulatory flexibility analysis transfer of nuclear power plant of 1995 (Pub. L. 104–4) generally for this rulemaking. The DOE received technology and assistance to those requires Federal agencies to examine no comments on the certification, and countries without prior approval from closely the impacts of regulatory actions has responded to comments related to DOE. In this final rule, DOE restructured on State, local, and tribal governments. the economic impacts of the rule the list to a positive list of destinations, Subsection 101(5) of title I of that law elsewhere in this preamble; no changes including 51 destinations to which the defines a Federal intergovernmental to the certification were made based on transfer of nuclear power plant mandate to include any regulation that comments received. As a result, the technology will be generally authorized. would impose upon State, local, or DOE certifies that today’s final rule will This revision has effected a net change tribal governments an enforceable duty, not have a significant impact on a of an additional 74 countries that were except a condition of Federal assistance substantial number of small entities. by default generally authorized for the or a duty arising from participating in a The DOE’s certification and supporting transfer of nuclear power plant voluntary federal program. Title II of statement of factual basis will be technology but will now require a that law requires each Federal agency to provided to the Chief Counsel for specific authorization. While this is an assess the effects of Federal regulatory Advocacy of the Small Business increase in the number of destinations actions on State, local, and tribal Administration pursuant to 5 U.S.C. not eligible for a general authorization governments, in the aggregate, or to the 605(b). by default, in DOE’s estimation, the private sector, other than to the extent

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such actions merely incorporate Reform,’’ 61 FR 4729 (February 7, 1996), expected to lead to promulgation of a requirements specifically set forth in a imposes on Executive agencies the final rule, and that: (1) Is a significant statute. Section 202 of that title requires general duty to adhere to the following regulatory action under Executive Order a Federal agency to perform a detailed requirements: (1) Eliminate drafting 12866, or any successor order; and (2) assessment of the anticipated costs and errors and ambiguity; (2) write is likely to have a significant adverse benefits of any rule that includes a regulations to minimize litigation; and effect on the supply, distribution, or use Federal mandate which may result in (3) provide a clear legal standard for of energy, or (3) is designated by the costs to State, local, or tribal affected conduct rather than a general Administrator of the Office of governments, or to the private sector, of standard and promote simplification Information and Regulatory Affairs as a $100 million or more in any one year and burden reduction. With regard to significant energy action. For any (adjusted annually for inflation). 2 the review required by section 3(a), proposed significant energy action, the U.S.C. 1532(a) and (b). Section 204 of section 3(b) of Executive Order 12988 agency must give a detailed statement of that title requires each agency that specifically requires that Executive any adverse effects on energy supply, proposes a rule containing a significant agencies make every reasonable effort to distribution, or use should the proposal Federal intergovernmental mandate to ensure that the regulation: (1) Clearly be implemented, and of reasonable develop an effective process for specifies the preemptive effect, if any; alternatives to the action and their obtaining meaningful and timely input (2) clearly specifies any effect on expected benefits on energy supply, from elected officers of State, local, and existing Federal law or regulation; (3) distribution, and use. Today’s regulatory tribal governments (2 U.S.C. 1534). provides a clear legal standard for action will not have a significant This rule does not impose a Federal affected conduct while promoting adverse effect on the supply, mandate on State, local, or tribal simplification and burden reduction; (4) distribution, or use of energy and is governments or on the private sector. specifies the retroactive effect, if any; (5) therefore not a significant energy action. Accordingly, no assessment or analysis adequately defines key terms; and (6) Accordingly, DOE has not prepared a is required under the Unfunded addresses other important issues Statement of Energy Effects. Mandates Reform Act of 1995. affecting clarity and general draftsmanship under any guidelines L. Executive Order 13609 G. Treasury and General Government issued by the Attorney General. Section Executive Order 13609 of May 1, Appropriations Act, 1999 3(c) of Executive Order 12988 requires 2012, ‘‘Promoting International Section 654 of the Treasury and Executive agencies to review regulations Regulatory Cooperation,’’ requires that, General Government Appropriations in light of applicable standards in to the extent permitted by law and Act, 1999 (Pub. L. 105–277) requires section 3(a) and section 3(b) to consistent with the principles and Federal agencies to issue a Family determine whether they are met or it is requirements of Executive Order 13563 Policymaking Assessment for any unreasonable to meet one or more of and Executive Order 12866, each proposed rule that may affect family them. DOE has completed the required Federal agency shall: well-being. The final rule will not have review and determined that, to the (a) If required to submit a Regulatory any impact on the autonomy or integrity extent permitted by law, the rule meets Plan pursuant to Executive Order 12866, of the family as an institution. the relevant standards of Executive include in that plan a summary of its Accordingly, DOE has concluded that it Order 12988. international regulatory cooperation is not necessary to prepare a Family activities that are reasonably anticipated Policymaking Assessment. J. Treasury and General Government to lead to significant regulations, with Appropriations Act, 2001 an explanation of how these activities H. Executive Order 13132 The Treasury and General advance the purposes of Executive Executive Order 13132, ‘‘Federalism,’’ Government Appropriations Act, 2001 Order 13563 and this order; 64 FR 43255 (August 4, 1999), imposes (44 U.S.C. 3516 note), provides for (b) Ensure that significant regulations certain requirements on agencies agencies to review most disseminations that the agency identifies as having formulating and implementing policies of information to the public under significant international impacts are or regulations that preempt State law or guidelines established by each agency designated as such in the Unified that have federalism implications. pursuant to general guidelines issued by Agenda of Federal Regulatory and Agencies are required to examine the OMB. Deregulatory Actions, on RegInfo.gov, constitutional and statutory authority OMB’s guidelines were published at and on Regulations.gov; supporting any action that would limit 67 FR 8452 (February 22, 2002), and (c) In selecting which regulations to the policymaking discretion of the DOE’s guidelines were published at 67 include in its retrospective review plan, States and carefully assess the necessity FR 62446 (October 7, 2002). DOE has as required by Executive Order 13563, for such actions. DOE has examined this reviewed this rule under the OMB and consider: rule and has determined that it does not DOE guidelines and has concluded that (i) Reforms to existing significant pre-empt State law and will not have a it is consistent with applicable policies regulations that address unnecessary substantial direct effect on the States, on in those guidelines. differences in regulatory requirements the relationship between the national between the United States and its major K. Executive Order 13211 government and the States, or on the trading partners, consistent with section distribution of power and Executive Order 13211, ‘‘Actions 1 of this order, when stakeholders responsibilities among the various Concerning Regulations That provide adequate information to the levels of government. No further action Significantly Affect Energy Supply, agency establishing that the differences is required by Executive Order 13132. Distribution, or Use,’’ 66 FR 28355 (May are unnecessary; and 22, 2001), requires Federal agencies to (ii) Such reforms in other I. Executive Order 12988 prepare and submit to OMB a Statement circumstances as the agency deems With respect to the review of existing of Energy Effects for any proposed appropriate; and regulations and the promulgation of significant energy action. A ‘‘significant (d) For significant regulations that the new regulations, section 3(a) of energy action’’ is defined as any action agency identifies as having significant Executive Order 12988, ‘‘Civil Justice by an agency that promulgated or is international impacts, consider, to the

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extent feasible, appropriate, and Act of 1978, Pub. L. 95–242, 68 Stat. 932, (including stable isotope separation) consistent with law, any regulatory 948, 950, 958, 92 Stat. 126, 136, 137, 138 (42 when the technology or process can be approaches by a foreign government that U.S.C. 2077, 2156, 2157, 2158, 2201, 2272, applied directly or indirectly to the United States has agreed to consider 2280), and the Intelligence Reform and uranium or plutonium; Terrorism Prevention Act of 2004, Pub. L. (5) Nuclear reactor development, under a regulatory cooperation council 108–458, 118 Stat. 3768; Sec. 104 of the work plan. Energy Reorganization Act of 1974, Pub. L. production or use of the components DOE has reviewed this rule under the 93–438; Sec. 301, Department of Energy within or attached directly to the reactor provisions of Executive Order 13609 Organization Act, Pub. L. 95–91; National vessel, the equipment that controls the and determined that the rule complies Nuclear Security Administration Act, Pub. L. level of power in the core, and the with all requirements set forth in the 106–65, 50 U.S.C. 2401 et seq., as amended. equipment or components that normally order. contain or come in direct contact with § 810.1 Purpose. or control the primary coolant of the M. Congressional Notification The regulations in this part reactor core; As required by 5 U.S.C. 801, DOE will implement section 57 b.(2) of the (6) Development, production or use of submit to Congress a report regarding Atomic Energy Act, which empowers production accelerator-driven the issuance of today’s final rule prior the Secretary, with the concurrence of subcritical assembly systems; to the effective date set forth at the the Department of State, and after (7) Heavy water production and outset of this notice. The report will consultation with the Nuclear hydrogen isotope separation when the state that it has been determined that Regulatory Commission, the Department technology or process has reasonable the rule is not a ‘‘major rule’’ as defined of Commerce, and the Department of potential for large-scale separation of by 5 U.S.C. 801(2). Defense, to authorize persons to directly deuterium (2H) from protium (1H); or indirectly engage or participate in the (8) Reprocessing of irradiated nuclear VI. Approval by the Office of the development or production of special fuel or targets containing special nuclear Secretary nuclear material outside the United material, and post-irradiation The Office of the Secretary of Energy States. The purpose of the regulations in examination of fuel elements, fuel has approved the publication of this this part is to: assemblies and cladding thereof, if it is final rule. (a) Identify activities that are part of a reprocessing program; and List of Subjects in 10 CFR Part 810 generally authorized by the Secretary (9) The transfer of technology for the and thus require no other authorization development, production, or use of Foreign relations, Nuclear energy, under this part; equipment or material especially Reporting and recordkeeping (b) Identify activities that require designed or prepared for any of the requirements. specific authorization by the Secretary above listed activities. (See Nuclear Issued in Washington, DC, on February 7, and explain how to request Regulatory Commission regulations at 2015. authorization; and 10 CFR part 110, Appendices A through Ernest J. Moniz, (c) Specify reporting requirements for K, and O, for an illustrative list of items Secretary of Energy. authorized activities. considered to be especially designed or prepared for certain listed nuclear For the reasons stated in the § 810.2 Scope. preamble, DOE amends title 10 of the activities.) (a) Part 810 (this part) applies to: (c) This part does not apply to: Code of Federal Regulations by revising (1) All persons subject to the part 810 to read as follows: (1) Exports authorized by the Nuclear jurisdiction of the United States who Regulatory Commission, Department of PART 810—ASSISTANCE TO FOREIGN directly or indirectly engage or State, or Department of Commerce; ATOMIC ENERGY ACTIVITIES participate in the development or (2) Transfer of publicly available production of any special nuclear information, publicly available Sec. material outside the United States; and technology, or the results of 810.1 Purpose. (2) The transfer of technology that fundamental research; 810.2 Scope. involves any of the activities listed in (3) Uranium and thorium mining and 810.3 Definitions. paragraph (b) of this section either in milling (e.g., production of impure 810.4 Communications. the United States or abroad by such source material concentrates such as 810.5 Interpretations. persons or by licensees, contractors or 810.6 Generally authorized activities. uranium yellowcake and all activities 810.7 Activities requiring specific subsidiaries under their direction, prior to that production step); authorization. supervision, responsibility, or control. (4) Nuclear fusion reactors per se, 810.8 Restrictions on general and specific (b) The activities referred to in except for supporting systems involving authorization. paragraph (a) of this section are: hydrogen isotope separation 810.9 Grant of specific authorization. (1) Chemical conversion and technologies within the scope defined 810.10 Revocation, suspension, or purification of uranium and thorium in paragraph (b)(7) of this section and modification of authorization. from milling plant concentrates and in § 810.7(c)(3); 810.11 Information required in an all subsequent steps in the nuclear fuel (5) Production or extraction of application for specific authorization. cycle; radiopharmaceutical isotopes when the 810.12 Reports. (2) Chemical conversion and 810.13 Additional information. process does not involve special nuclear 810.14 Special provision regarding purification of plutonium and material; and Ukraine. neptunium; (6) Transfer of technology to any 810.15 Violations. (3) Nuclear fuel fabrication, including individual who is lawfully admitted for 810.16 Effective date and savings clause. preparation of fuel elements, fuel permanent residence in the United Appendix A to Part 810—Generally assemblies and cladding thereof; States or is a protected individual under Authorized Destinations (4) Uranium isotope separation the Immigration and Naturalization Act Authority: Secs. 57, 127, 128, 129, 161, (uranium enrichment), plutonium (8 U.S.C. 1324b(a)(3)). 222, and 232 Atomic Energy Act of 1954, as isotope separation, and isotope (d) Persons under U.S. jurisdiction are amended by the Nuclear Nonproliferation separation of any other elements responsible for their foreign licensees,

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contractors, or subsidiaries to the extent broadly within the scientific used, or intended for use with a that the former have control over the community, as distinguished from production subcritical assembly. activities of the latter. proprietary research and from industrial Production accelerator-driven development, design, production, and subcritical assembly system means a § 810.3 Definitions. product utilization, the results of which system comprised of a production As used in this part 810: ordinarily are restricted for proprietary subcritical assembly and a production Agreement for cooperation means an or national security reasons. accelerator and which is especially agreement with another nation or group General authorization means an designed, used, or intended for the of nations concluded under sections 123 authorization granted by the Secretary production of plutonium or uranium- or 124 of the Atomic Energy Act. under section 57 b.(2) of the Atomic 233. In such a system, the production Assistance means assistance in such Energy Act to provide assistance or accelerator target provides a source of forms as instruction, skills, training, technology to foreign atomic energy neutrons used to effect special nuclear working knowledge, consulting services, activities subject to this part and which material production in the production or any other assistance as determined by does not require a request for, or the subcritical assembly. the Secretary. Assistance may involve Secretary’s issuance of, a specific Production reactor means a nuclear the transfer of technical data. authorization. reactor especially designed or used Atomic Energy Act means the Atomic IAEA means the International Atomic primarily for the production of Energy Act of 1954, as amended. Energy Agency. plutonium or uranium-233. Classified information means national NNPA means the Nuclear Non- Production subcritical assembly security information classified under Proliferation Act of 1978, 22 U.S.C. 3201 means an apparatus that contains source Executive Order 13526 or any et seq. material or special nuclear material to predecessor or superseding order, and NPT means the Treaty on the Non- produce a nuclear fission chain reaction Restricted Data classified under the Proliferation of Nuclear Weapons, done that is not self-sustaining and that is Atomic Energy Act. on July 1, 1968. especially designed, used, or intended Cooperative enrichment enterprise for the production of plutonium or means a multi-country or multi- Nuclear reactor means an apparatus, other than a nuclear explosive device, uranium-233. company (where at least two of the Publicly available information means companies are incorporated in different designed or used to sustain nuclear fission in a self-sustaining chain information in any form that is generally countries) joint development or accessible, without restriction, to the production effort. The term includes a reaction. Operational safety means the public. consortium of countries or companies or Publicly available technology means capability of a reactor to be operated in a multinational corporation. technology that is already published or a manner that complies with national Country, as well as government, has been prepared for publication; arises standards or requirements or widely- nation, state, and similar entity, shall be during, or results from, fundamental accepted international standards and read to include Taiwan, consistent with research; or is included in an recommendations to prevent section 4 of the Taiwan Relations Act application filed with the U.S. Patent uncontrolled or inadvertent criticality, (22 U.S.C. 3303). Office and eligible for foreign filing prevent or mitigate uncontrolled release Development means any activity under 35 U.S.C. 184. related to all phases before production of radioactivity to the environment, Restricted Data means all data such as: Design, design research, design monitor and limit staff exposure to concerning: analysis, design concepts, assembly and radiation and radioactivity, and protect (1) Design, manufacture, or utilization testing of prototypes, pilot production off-site population from exposure to of atomic weapons; schemes, design data, process of radiation or radioactivity. Operational (2) The production of special nuclear transforming design data into a product, safety may be enhanced by providing material; or configuration design, integration design, expert advice, equipment, (3) The use of special nuclear material and layouts. instrumentation, technology, software, in the production of energy, but shall DOE means the U.S. Department of services, analyses, procedures, training, not include data declassified or Energy. or other assistance that improves the removed from the Restricted Data Enrichment means isotope separation capability of the reactor to be operated category pursuant to section 142 of the of uranium or isotope separation of in compliance with such standards, Atomic Energy Act. plutonium, regardless of the type of requirements or recommendations. Secretary means the Secretary of process or separation mechanism used. Person means: Energy. Fissile material means isotopes that (1) Any individual, corporation, Sensitive nuclear technology means readily fission after absorbing a neutron partnership, firm, association, trust, any information (including information of any energy, either fast or slow. Fissile estate, public or private institution; incorporated in a production or materials are uranium-235, uranium- (2) Any group, government agency utilization facility or important 233, plutonium-239, and plutonium- other than DOE, or any State or political component part thereof) which is not 241. entity within a State; and available to the public (see definition of Foreign national means an individual (3) Any legal successor, ‘‘publicly available information’’) and who is not a citizen or national of the representative, agent, or agency of the which is important to the design, United States, but excludes U.S. lawful foregoing. construction, fabrication, operation, or permanent residents and protected Production means all production maintenance of a uranium enrichment individuals under the Immigration and phases such as: Construction, or nuclear fuel reprocessing facility or a Naturalization Act (8 U.S.C. production engineering, manufacture, facility for the production of heavy 1324b(a)(3)). integration, assembly or mounting, water, but shall not include Restricted Fundamental research means basic inspection, testing, and quality Data controlled pursuant to chapter 12 and applied research in science and assurance. of the Atomic Energy Act. The engineering, the results of which Production accelerator means a information may take a tangible form ordinarily are published and shared particle accelerator especially designed, such as a model, prototype, blueprint, or

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operation manual or an intangible form [email protected]. (1) Prevent or correct a current or such as assistance. Notifications regarding activity in the imminent radiological emergency Source material means: Ukraine should be delivered by email posing a significant danger to the health (1) Uranium or thorium, other than to: [email protected]. and safety of the off-site population, special nuclear material; or which emergency in DOE’s assessment (2) Ores that contain by weight 0.05 § 810.5 Interpretations. cannot be met by other means, provided percent or more of uranium or thorium, (a) The advice of the DOE Office of DOE is notified in writing in advance or any combination of these materials. Nonproliferation and Arms Control may and does not object within 48 hours of Special nuclear material means: be requested on whether a proposed receipt of the advance notification; (1) Plutonium, activity falls outside the scope of this (2) Furnish operational safety (2) Uranium-233, or part, is generally authorized under information or assistance to existing (3) Uranium enriched above 0.711 § 810.6, or requires a specific safeguarded civilian nuclear reactors percent by weight in the isotope authorization under § 810.7. However, outside the United States in countries uranium-235. unless authorized by the Secretary in with safeguards agreements with the Specific authorization means an writing, no interpretation of the IAEA or an equivalent voluntary offer, authorization granted by the Secretary regulations in this part other than a provided DOE is notified in writing and under section 57b.(2) of the Atomic written interpretation by the DOE approves the activity in writing within Energy Act, in response to an General Counsel is binding upon DOE. 45 calendar days of the notice. The application filed under this part, to (b) When advice is requested from the applicant should provide all the engage in specifically authorized DOE Office of Nonproliferation and information required under § 810.11 and nuclear activities subject to this part. Arms Control, or a binding, written specific references to the national or Technical data means data in such determination is requested from the international safety standards or forms as blueprints, plans, diagrams, DOE General Counsel, a response requirements for operational safety for models, formulae, engineering designs, normally will be made within 30 nuclear reactors that will be addressed specifications, manuals, and calendar days and, if this is not feasible, by the assistance; or instructions written or recorded on an interim response will explain the (3) Furnish operational safety other media or devices such as disks, reason for the delay. information or assistance to existing, tapes, read-only memories, and (c) The DOE Office of proposed, or new-build civilian nuclear computational methodologies, Nonproliferation and Arms Control may facilities in the United States, provided algorithms, and computer codes that can periodically publish abstracts of general DOE is notified by certified mail return directly or indirectly affect the or specific authorizations that may be of receipt requested and approves the production of special nuclear material. general interest, exclusive of proprietary activity in writing within 45 calendar Technology means assistance or business-confidential data submitted to days of the notice. The applicant should technical data required for the DOE or other information protected by provide all the information required development, production or use of any law from unauthorized disclosure. under § 810.11. plant, facility, or especially designed or (d) Participation in exchange § 810.6 Generally authorized activities. prepared equipment for the activities programs approved by the Department described in § 810.2(b). The Secretary has determined that the of State in consultation with DOE; Use means operation, installation following activities are generally (e) Activities carried out in the course (including on-site installation), authorized, provided that no sensitive of implementation of the ‘‘Agreement maintenance (checking), repair, nuclear technology or assistance between the United States of America overhaul, or refurbishing. described in § 810.7 is involved: and the IAEA for the Application of United States, when used in a (a) Engaging directly or indirectly in Safeguards in the United States,’’ done geographical sense, includes Puerto the production of special nuclear on December 9, 1980; Rico and all territories and possessions material at facilities in countries or with (f) Activities carried out by persons of the United States. entities listed in the Appendix to this who are full-time employees of the part; § 810.4 Communications. IAEA or whose employment by or work (b) Transfer of technology to a citizen for the IAEA is sponsored or approved (a) All communications concerning or national of a country other than the by the Department of State or DOE; or the regulations in this part should be United States not listed in the Appendix (g) Extraction of Molybdenum-99 for addressed to: U.S. Department of to this part and working at an NRC- medical use from irradiated targets of Energy, Washington, DC 20585. licensed facility, provided: enriched uranium, provided that the Attention: Senior Policy Advisor, (1) The foreign national is lawfully activity does not also involve National Nuclear Security employed by or contracted to work for purification and recovery of enriched Administration/Office of a U.S. employer in the United States; uranium materials, and provided Nonproliferation and Arms Control (2) The foreign national executes a further, that the technology used does (NPAC), Telephone (202) 586–1007. confidentiality agreement with the U.S. not involve significant components (b) Communications also may be employer to safeguard the technology relevant for reprocessing spent nuclear delivered to DOE’s headquarters at 1000 from unauthorized use or disclosure; reactor fuel (e.g., high-speed centrifugal Independence Avenue SW., (3) The foreign national has been contactors, pulsed columns). Washington, DC 20585. All clearly granted unescorted access in accordance marked proprietary information will be with NRC regulations at an NRC- § 810.7 Activities requiring specific given the maximum protection allowed licensed facility; and authorization. by law. (4) The foreign national’s U.S. Any person requires a specific (c) Communications may also be employer authorizing access to the authorization by the Secretary before: delivered by email to: Part810@ technology complies with the reporting (a) Engaging in any of the activities nnsa.doe.gov. For ‘‘fast track’’ activities requirements in § 810.12(g). listed in § 810.2(b) with any foreign described in §§ 810.6(c)(1) and (c)(2) (c) Activities at any safeguarded or country or entity not specified in the emails should be sent to: Part810- NRC-licensed facility to: Appendix to this part;

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(b) Providing or transferring sensitive it is determined, with the concurrence control arrangement for nuclear nuclear technology to any foreign of the Department of State and after materials, is implementing, in country or entity; or consultation with the Nuclear cooperation with the IAEA, a safeguards (c) Engaging in or providing Regulatory Commission, Department of agreement approved by the IAEA Board technology (including assistance) for Commerce, and Department of Defense, of Governors prior to the publication of any of the following activities with that the activity will not be inimical to INFCIRC/540 (September 1997); or respect to any foreign country or entity the interest of the United States. In alternatively whether comprehensive (or a citizen or national of that country making such a determination, the safeguards, including the measures of other than U.S. lawful permanent Secretary will take into account the the Model Additional Protocol, are residents or protected individuals under following factors: being applied in the country; the Immigration and Naturalization Act (1) Whether the United States has an (2) Whether the country has not been (8 U.S.C. 1324b(a)(3)): agreement for cooperation in force identified in a report by the IAEA (1) Uranium isotope separation covering exports to the country or entity Secretariat that is under consideration (uranium enrichment), plutonium involved; by the IAEA Board of Governors, as isotope separation, or isotope separation (2) Whether the country is a party to, being in breach of obligations to comply of any other elements (including stable or has otherwise adhered to, the NPT; with the applicable safeguards isotope separation) when the technology (3) Whether the country is in good agreement, nor continues to be the or process can be applied directly or standing with its acknowledged subject of Board of Governors decisions indirectly to uranium or plutonium; nonproliferation commitments; calling upon it to take additional steps (2) Fabrication of nuclear fuel (4) Whether the country is in full to comply with its safeguards containing plutonium, including compliance with its obligations under obligations or to build confidence in the preparation of fuel elements, fuel the NPT; peaceful nature of its nuclear program, assemblies, and cladding thereof; (5) Whether the country has accepted nor as to which the IAEA Secretariat has (3) Heavy water production, and IAEA safeguards obligations on all reported that it is unable to implement hydrogen isotope separation, when the nuclear materials used for peaceful the applicable safeguards agreement. technology or process has reasonable purposes and has them in force; This criterion would not apply in cases potential for large-scale separation of (6) Whether other nonproliferation where the IAEA Board of Governors or deuterium (2H) from protium (1H); controls or conditions exist on the the United Nations Security Council (4) Development, production or use of proposed activity, including that the subsequently decides that adequate a production accelerator-driven recipient is duly authorized by the assurances exist as to the peaceful subcritical assembly system; country to receive and use the purposes of the country’s nuclear (5) Development, production or use of technology sought to be transferred; program and its compliance with the (7) Significance of the assistance or a production reactor; or applicable safeguards agreements. For transferred technology relative to the (6) Reprocessing of irradiated nuclear the purposes of this paragraph, ‘‘breach’’ existing nuclear capabilities of the fuel or targets containing special nuclear refers only to serious breaches of material. country; (8) Whether the transferred proliferation concern; § 810.8 Restrictions on general and technology is part of an existing (3) Whether the country is adhering to specific authorization. cooperative enrichment enterprise or the Nuclear Suppliers Group Guidelines and, where applicable, has reported to A general or specific authorization the supply chain of such an enterprise; the Security Council of the United granted by the Secretary under this part: (9) The availability of comparable (a) Is limited to activities involving assistance or technology from other Nations that it is implementing effective only unclassified information and does sources; and export controls as identified by Security not permit furnishing classified (10) Any other factors that may bear Council Resolution 1540; and information; upon the political, economic, (4) Whether the country adheres to (b) Does not relieve a person from competitiveness, or security interests of international safety conventions relating complying with the relevant laws or the the United States, including the to nuclear or other radioactive materials regulations of other U.S. Government obligations of the United States under or facilities. agencies applicable to exports; and treaties or other international (d) Unless otherwise prohibited by (c) Does not authorize a person to agreements, and the obligations of the U.S. law, the Secretary may grant an engage in any activity when the person country under treaties or other application for specific authorization for knows or has reason to know that the international agreements. activities related to the enrichment of activity is intended to provide (c) If the proposed activity involves source material and special nuclear assistance in designing, developing, the export of sensitive nuclear material, provided that: fabricating, or testing a nuclear technology, the requirements of sections (1) The U.S. Government has received explosive device. 127 and 128 of the Atomic Energy Act written nonproliferation assurances and of any applicable United States from the government of the country; § 810.9 Grant of specific authorization. international commitments must also be (2) That it/they accept(s) the sensitive (a) An application for authorization to met. For the export of sensitive nuclear enrichment equipment and enabling engage in activities for which specific technology, in addition to the factors in technologies or an operable enrichment authorization is required under § 810.7 paragraph (b) of this section, the facility under conditions that do not should be made to the U.S. Department Secretary will take into account: permit or enable unauthorized of Energy, National Nuclear Security (1) Whether the country has signed, replication of the facilities; Administration, Washington, DC 20585, ratified, and is implementing a (3) That the subject enrichment Attention: Senior Policy Advisor, Office comprehensive safeguards agreement activity will not result in the production of Nonproliferation and Arms Control with the IAEA and has in force an of uranium enriched to greater than (NPAC). Additional Protocol based on the Model 20% in the isotope uranium-235; and (b) The Secretary will approve an Additional Protocol, or, pending this, in (4) That there are in place appropriate application for specific authorization if the case of a regional accounting and security arrangements to protect the

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activity from use or transfer inconsistent (b) Except as provided in § 810.6(b), § 810.12 Reports. with the country’s national laws. an applicant seeking to employ a citizen (a) Each person who has received a (e) Approximately 30 calendar days or national of a country not listed in the specific authorization shall, within 30 after the Secretary’s grant of a specific Appendix in a position that could result calendar days after beginning the authorization, a copy of the Secretary’s in the transfer of technology subject to authorized activity, provide to DOE a determination may be provided to any § 810.2, or seeking to employ any written report containing the following person requesting it at DOE’s Public foreign national in the United States or information: Reading Room, unless the applicant in a foreign country that could result in (1) The name, address, and submits information demonstrating that the export of assistance or transfer of citizenship of the person submitting the public disclosure will cause substantial technology subject to § 810.7 must report; harm to its competitive position. This request a specific authorization. The (2) The name, address, and provision does not affect any other applicant must provide, with respect to citizenship of the person for whom or authority provided by law for the non- each foreign national to whom access to which the activity is being performed; disclosure of information. technology will be granted, the (3) A description of the activity, the date it began, its location, status, and § 810.10 Revocation, suspension, or following: modification of authorization. (1) A description of the technology anticipated date of completion; and (4) A copy of the DOE letter The Secretary may revoke, suspend, that would be made available to the foreign national; authorizing the activity. or modify a general or specific (b) Each person carrying out a authorization: (2) The purpose of the proposed specifically authorized activity shall (a) For any material false statement in transfer, a description of the applicant’s inform DOE, in writing within 30 an application for specific authorization technology control program, and any calendar days, of completion of the or in any additional information Nuclear Regulatory Commission activity or of its termination before submitted in its support; standards applicable to the employer’s (b) For failing to provide a report or completion. grant of access to the technology; (c) Each person granted a specific for any material false statement in a (3) A copy of any confidentiality authorization shall inform DOE, in report submitted pursuant to § 810.12; agreement to safeguard the technology (c) If any authorization governed by writing within 30 calendar days, when from unauthorized use or disclosure this part is subsequently determined by it is known that the proposed activity between the applicant and the foreign the Secretary to be inimical to the will not be undertaken and the granted national; interest of the United States or authorization will not be used. otherwise no longer meets the legal (4) Background information about the (d) DOE may require reports to criteria for approval; or foreign national, including the include such additional information (d) Pursuant to section 129 of the individual’s citizenship, all countries that may be required by applicable U.S. Atomic Energy Act. where the individual has resided for law, regulation, or policy with respect to more than six months, the training or the specific nuclear activity or country § 810.11 Information required in an educational background of the for which specific authorization is application for specific authorization. individual, all work experience, any required. (a) An application letter must include other known affiliations with persons (e) Each person, within 30 calendar the following information: engaged in activities subject to this part, days after beginning any generally (1) The name, address, and and any current immigration or visa authorized activity under § 810.6, shall citizenship of the applicant, and status in the United States; and provide to DOE: complete disclosure of all real parties in (1) The name, address, and (5) A statement signed by the foreign interest; if the applicant is a corporation citizenship of the person submitting the national that he/she will comply with or other legal entity, where it is report; incorporated or organized; the location the regulations under this part; will not (2) The name, address, and of its principal office; and the degree of disclose the applicant’s technology citizenship of the person for whom or any control or ownership by any foreign without DOE’s prior written which the activity is being performed; individual, corporation, partnership, authorization; and will not, at any time (3) A description of the activity, the firm, association, trust, estate, public or during or after his/her employment with date it began, its location, status, and private institution or government the applicant, use the applicant’s anticipated date of completion; and agency; technology for any nuclear explosive (4) A written assurance that the (2) The country or entity to receive device, for research on or development applicant has an agreement with the the assistance or technology; the name of any nuclear explosive device, or in recipient ensuring that any subsequent and location of any facility or project furtherance of any military purpose. transfer of materials, equipment, or involved; and the name and address of (c) An applicant for a specific technology transferred under general the person for which or whom the authorization related to the enrichment authorization under circumstances in activity is to be performed; of fissile material must submit which the conditions in § 810.6 would (3) A description of the assistance or information that demonstrates that the not be met will take place only if the technology to be provided, including a proposed transfer will avoid, so far as applicant obtains DOE’s prior written complete description of the proposed practicable, the transfer of enabling approval. activity, its approximate monetary design or manufacturing technology (f) Individuals engaging in generally value, and a detailed description of any associated with such items; and that the authorized activities as employees of specific project to which the activity applicant will share with the recipient persons required to report are not relates as specified in §§ 810.9(b)(7), (8), only information required for the themselves required to submit the and (9); and regulatory purposes of the recipient reports described in paragraph (e) of this (4) The designation of any country or to ensure the safe installation section. information that if publicly disclosed and operation of a resulting enrichment (g) Persons engaging in generally would cause substantial harm to the facility, without divulging enabling authorized activities under § 810.6(b) competitive position of the applicant. technology. are required to notify DOE that a citizen

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or national of a country not listed in the (2) In accordance with section 222 of Kazakhstan Appendix to this part has been granted the AEA, whoever willfully violates, Korea, Republic of access to information subject to § 810.2 attempts to violate, or conspires to Latvia in accordance with Nuclear Regulatory violate any provision of section 57 of Lithuania Luxembourg Commission access requirements. The the Atomic Energy Act may be fined up Malta report should contain the information to $10,000 or imprisoned up to 10 years, Mexico (For all activities related to INFCIRC/ required in § 810.11(b). or both. If the offense is committed with 203 Parts 1 and 2 and INFCIRC/825 only) (h) All reports should be sent to: U.S. intent to injure the United States or to Morocco Department of Energy, National Nuclear aid any foreign nation, the penalty Netherlands Security Administration, Washington, could be up to life imprisonment or a Norway DC 20585, Attention: Senior Policy $20,000 fine, or both. Poland Advisor, Office of Nonproliferation and (b) In accordance with Title 18 of the Portugal Arms Control (NPAC). United States Code, section 1001, Romania Slovakia whoever knowingly and willfully § 810.13 Additional information. Slovenia falsifies, conceals, or covers up a South Africa DOE may at any time require a person material fact or makes or uses false, Spain engaging in any generally or specifically fictitious or fraudulent statements or Sweden authorized activity to submit additional representations shall be fined under that Switzerland information. title or imprisoned up to five or eight Taiwan years depending on the crime, or both. Turkey § 810.14 Special provisions regarding Ukraine (Refer to § 810.14 for specific Ukraine. § 810.16 Effective date and savings clause. information and requirements) (a) Pre-activity notification (a) The regulations in this part are United Arab Emirates requirements. Any person beginning effective March 25, 2015. United Kingdom Vietnam any generally authorized activity (b) Except for actions that may be involving Ukraine shall provide to DOE taken by DOE pursuant to § 810.10, the [FR Doc. 2015–03479 Filed 2–20–15; 8:45 am] at least ten days prior to beginning that regulations in this part do not affect the BILLING CODE 6450–01–P activity a report containing the validity or terms of any specific following information: authorizations granted under (1) The name, address, and regulations in effect before March 25, citizenship of the person submitting the 2015 or generally authorized activities DEPARTMENT OF TRANSPORTATION notification; under those regulations for which the Federal Aviation Administration (2) The name, address, and contracts, purchase orders, or licensing citizenship of the person for which the arrangements were already in effect. 14 CFR Part 39 activity is to be performed; Persons engaging in activities that were (3) A description of the activity, the generally authorized under regulations date it is proposed to begin, its location, in effect before March 25, 2015, but that [Docket No. FAA–2014–0561; Directorate status, and anticipated date of require specific authorization under the Identifier 2014–NE–12–AD; Amendment 39– 18105; AD 2015–04–03] completion; and regulations in this part, must request (4) A written assurance that the specific authorization by August 24, person that is to perform the activity has 2015 and may continue their activities RIN 2120–AA64 an agreement with the recipient that any until DOE acts on the request. subsequent transfer of technology or Airworthiness Directives; Rolls-Royce information transferred under general Appendix A to Part 810—Generally plc Turbofan Engines authorization will not be transferred to Authorized Destinations AGENCY: Federal Aviation a country that is not listed in the Argentina Administration (FAA), DOT. Appendix to this part without the prior Australia ACTION: Final rule. written approval of DOE. Austria Belgium (b) Post-activity reporting SUMMARY: We are adopting a new Brazil requirements. Every person completing airworthiness directive (AD) for certain a generally authorized activity in Bulgaria Canada Rolls-Royce plc (RR) RB211 Trent 768– Ukraine shall provide to DOE within ten 60, 772–60, and 772B–60 turbofan days following the original transfer of Chile (For all activities related to INFCIRC/ 834 only) engines. This AD requires inspection of technology or information written Colombia the oil feed tube sealing sleeve and confirmation that such transfer was Croatia removal of those oil feed tube sealing completed in accordance with the Cyprus sleeves that are affected by this AD. This description of the activity provided as Czech Republic AD was prompted by fractures of the required by paragraph (a) of this section. Denmark high-pressure/intermediate-pressure Egypt § 810.15 Violations. Estonia (HP/IP) turbine support internal oil feed (a) The Atomic Energy Act provides Finland tube. We are issuing this AD to prevent that: France failure of the HP/IP turbine support (1) In accordance with section 232 of Germany internal oil feed tube, which could the AEA, permanent or temporary Greece result in uncontained engine failure and Hungary damage to the airplane. injunctions, restraining or other orders Indonesia DATES: This AD becomes effective may be granted to prevent a violation of International Atomic Energy Agency any provision of the Atomic Energy Act Ireland March 30, 2015. or any regulation or order issued Italy ADDRESSES: See the FOR FURTHER thereunder. Japan INFORMATION CONTACT section.

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Examining the AD Docket Costs of Compliance Adoption of the Amendment You may examine the AD docket on We estimate that this AD affects 69 Accordingly, under the authority the Internet at http:// engines installed on airplanes of U.S. delegated to me by the Administrator, www.regulations.gov by searching for registry. We also estimate that it will the FAA amends 14 CFR part 39 as and locating Docket No. FAA–2014– take about 8.5 hours per engine to follows: 0561; or in person at the Docket comply with this AD. The average labor Management Facility between 9 a.m. rate is $85 per hour. Based on these PART 39—AIRWORTHINESS and 5 p.m., Monday through Friday, figures, we estimate the cost of this AD DIRECTIVES except Federal holidays. The AD docket on U.S. operators to be $49,853. contains this AD, the mandatory ■ Authority for This Rulemaking 1. The authority citation for part 39 continuing airworthiness information continues to read as follows: (MCAI), the regulatory evaluation, any Title 49 of the United States Code comments received, and other specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. information. The address for the Docket rules on aviation safety. Subtitle I, § 39.13 [Amended] Office (phone: 800–647–5527) is section 106, describes the authority of Document Management Facility, U.S. the FAA Administrator. ‘‘Subtitle VII: ■ 2. The FAA amends § 39.13 by adding Department of Transportation, Docket Aviation Programs,’’ describes in more the following new airworthiness Operations, M–30, West Building detail the scope of the Agency’s directive (AD): Ground Floor, Room W12–140, 1200 authority. 2015–04–03 Rolls-Royce plc: Amendment New Jersey Avenue SE., Washington, We are issuing this rulemaking under DC 20590. 39–18105; Docket No. FAA–2014–0561; the authority described in ‘‘Subtitle VII, Directorate Identifier 2014–NE–12–AD. FOR FURTHER INFORMATION CONTACT: Part A, Subpart III, Section 44701: (a) Effective Date Wego Wang, Aerospace Engineer, General requirements.’’ Under that Engine Certification Office, FAA, Engine section, Congress charges the FAA with This AD becomes effective March 30, 2015. & Propeller Directorate, 12 New England promoting safe flight of civil aircraft in (b) Affected ADs Executive Park, Burlington, MA 01803; air commerce by prescribing regulations None. phone: 781–238–7134; fax: 781–238– for practices, methods, and procedures 7199; email: [email protected]. the Administrator finds necessary for (c) Applicability SUPPLEMENTARY INFORMATION: safety in air commerce. This regulation This AD applies to Rolls-Royce plc (RR) is within the scope of that authority RB211 Trent 768–60, 772–60, and 772B–60 Discussion because it addresses an unsafe condition turbofan engines, serial numbers 41693 We issued a notice of proposed that is likely to exist or develop on through 42309 inclusive, 42313, 42318, rulemaking (NPRM) to amend 14 CFR products identified in this rulemaking 42319, 42320, 42328, and 42330 with high- part 39 by adding an AD that would action. pressure/intermediate-pressure (HP/IP) turbine support internal oil feed tube sealing apply to the specified products. The Regulatory Findings sleeve, part number (P/N) FW15003, NPRM was published in the Federal installed, that is marked with the prefix ‘‘B/ We determined that this AD will not Register on September 18, 2014 (79 FR N’’ followed by a six digit batch number and 56025). The NPRM proposed to correct have federalism implications under does not contain the marking 102013, 112013 an unsafe condition for the specified Executive Order 13132. This AD will or 102013L. products. The MCAI states: not have a substantial direct effect on the States, on the relationship between (d) Reason There have been nine occurrences of high oil consumption, caused by fracture of the High/ the national government and the States, This AD was prompted by fractures of the Intermediate Pressure (HP/IP) turbine or on the distribution of power and HP/IP turbine support internal oil feed tube. support internal oil feed tube Part Number responsibilities among the various We are issuing this AD to prevent failure of (P/N) FW45909. levels of government. the HP/IP turbine support internal oil feed The oil feed tube threaded end adaptor and For the reasons discussed above, I tube, which could result in uncontained engine failure and damage to the airplane. sealing sleeve P/N FW15003 are designed to certify this AD: form a sliding joint which, if restrained, can (e) Actions and Compliance compress the oil feed tube during thermal (1) Is not a ‘‘significant regulatory contraction of the turbine casing at the end action’’ under Executive Order 12866, Comply with this AD within the of the flight cycle. On each subsequent flight, (2) Is not a ‘‘significant rule’’ under compliance times specified, unless already the thermal growth and contraction of the the DOT Regulatory Policies and done. turbine casing relative to the oil tube, during Procedures (44 FR 11034, February 26, (1) Within 6 months after the effective date the heating and cooling phases of the flight 1979), of this AD, perform on-wing or in-shop cycle, apply a load cycle to the tube, which inspection for, and remove from service, any may lead to low cycle fatigue fracture. (3) Will not affect intrastate aviation affected HP/IP turbine support internal oil in Alaska to the extent that it justifies feed tube sealing sleeve. Comments making a regulatory distinction, and (2) Remove from service any HP/IP turbine We gave the public the opportunity to (4) Will not have a significant support internal oil feed tube sealing sleeve participate in developing this AD. We economic impact, positive or negative, on which markings cannot be sufficiently received no comments on the NPRM (79 on a substantial number of small entities identified to determine whether said sealing sleeve is part of the affected population. FR 56025, September 18, 2014). under the criteria of the Regulatory Flexibility Act. (3) From the effective date of this AD, you Conclusion may install on engines HP/IP turbine support List of Subjects in 14 CFR Part 39 internal oil feed tube sealing sleeves, P/N We reviewed the available data and FW15003, that are marked with the prefix determined that air safety and the Air transportation, Aircraft, Aviation ‘‘B/N’’ followed by a six digit batch number, public interest require adopting this AD safety, Incorporation by reference, provided that the part is marked with as proposed. Safety. 102013, 112013, or 102013L.

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(f) Alternative Methods of Compliance The Director of the Federal Register authority of another country. The MCAI (AMOCs) approved the incorporation by reference states: The Manager, Engine Certification Office, of certain publications listed in the AD A fracture of the nose landing gear (NLG) FAA, may approve AMOCs to this AD. Use as of March 30, 2015. sliding tube was reported. The subsequent the procedures found in 14 CFR 39.19 to ADDRESSES: You may examine the AD investigation determined fatigue cracking as make your request. You may email your docket on the Internet at http:// possible cause of the failure. request to: [email protected]. www.regulations.gov by searching for This condition, if not detected and (g) Related Information and locating Docket No. FAA–2014– corrected, could lead to structural failure of 1001; or in person at Document the NLG, possibly resulting in loss of control (1) For more information about this AD, of the aeroplane during take-off or landing. contact Wego Wang, Aerospace Engineer, Management Facility, U.S. Department To address this unsafe condition, the Engine Certification Office, FAA, Engine & of Transportation, Docket Operations, Messier-Dowty Ltd, the NLG manufacturer, Propeller Directorate, 12 New England M–30, West Building Ground Floor, issued Service Bulletin (SB) 32–17M to Executive Park, Burlington, MA 01803; Room W12–140, 1200 New Jersey provide inspection instructions. phone: 781–238–7134; fax: 781–238–7199; Avenue SE., Washington, DC 20590. Consequently Short Brothers PLC issued SB email: [email protected]. 32–74 which references Messier-Dowty Ltd (2) Refer to MCAI European Aviation For service information identified in this AD, contact Short Brothers & SB 32–17M. Safety Agency AD 2014–0168, dated July 16, For the reasons described above, this AD 2014, for more information. You may Harland Ltd. service information identified in this proposed AD, contact requires one-time visual and fluorescent examine the MCAI in the AD docket on the penetrant inspections and, depending on Internet at http://www.regulations.gov/#! Airworthiness, Short Brothers PLC, P.O. findings, accomplishment of applicable docketDetail;D=FAA-2014-0561. Box 241, Airport Road, Belfast, BT3 9DZ corrective action(s). Northern Ireland, United Kingdom; (h) Material Incorporated by Reference The MCAI requires you report the phone: +44–2890–462469, fax: 44– None. findings to Short Brothers PLC to obtain 2890–733647, email: michael. FAA-approved repair instructions and [email protected], Issued in Burlington, Massachusetts, on accomplish the repair accordingly. The internet: None; and for SAFRAN February 11, 2015. MCAI can be found in the AD docket on Messier-Buggatti-Dowty service Colleen M. D’Alessandro, the Internet at: http:// information contact Messier-Dowty Assistant Directorate Manager, Engine & www.regulations.gov/ Limited, Cheltenham Road, Gloucester Propeller Directorate, Aircraft Certification #!documentDetail;D=FAA-2014-1001- GL2 9QH, ENGLAND; phone: Service. 0002. [FR Doc. 2015–03533 Filed 2–20–15; 8:45 am] +44(0)1452 712424; fax: +44(0)1452 BILLING CODE 4910–13–P 713821; email: americacsc@ Comments safranmbd.com, Internet: http:// We gave the public the opportunity to www.safranmbd.com. You may view participate in developing this AD. We DEPARTMENT OF TRANSPORTATION this referenced service information at received no comments on the NPRM (79 the FAA, Small Airplane Directorate, FR 72562, December 8, 2014) or on the Federal Aviation Administration 901 Locust, Kansas City, Missouri determination of the cost to the public. 64106. For information on the 14 CFR Part 39 availability of this material at the FAA, Conclusion [Docket No. FAA–2014–1001; Directorate call (816) 329–4148. You can also find We reviewed the relevant data and Identifier 2014–CE–034–AD; Amendment this service information on the Internet determined that air safety and the 39–18003; AD 2015–04–01] at http://www.regulations.gov by public interest require adopting the AD searching for and locating Docket No. RIN 2120–AA64 as proposed except for minor editorial FAA–2014–1001. It is also available on changes. We have determined that these Airworthiness Directives; Short the Internet at http://www.regulations. minor changes: Brothers & Harland Ltd. Airplanes gov by searching for and locating Docket • Are consistent with the intent that No. FAA–2014–1001. was proposed in the NPRM (79 FR AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: 72562, December 8, 2014) for correcting Administration (FAA), Department of Doug Rudolph, Aerospace Engineer, the unsafe condition; and Transportation (DOT). FAA, Small Airplane Directorate, 901 • Do not add any additional burden ACTION: Final rule. Locust, Room 301, Kansas City, upon the public than was already Missouri 64106; telephone: (816) 329– proposed in the NPRM (79 FR 72562, SUMMARY: We are adopting a new 4059; fax: (816) 329–4090; email: December 8, 2014). airworthiness directive (AD) for Short [email protected]. Relative Service Information Under 1 Brothers & Harland Ltd. Model SC–7 SUPPLEMENTARY INFORMATION: Series 3 airplanes. This AD results from CFR Part 51 mandatory continuing airworthiness Discussion We reviewed Short Brothers & information (MCAI) issued by an We issued a notice of proposed Harland Ltd. Shorts Service Bulletin aviation authority of another country to rulemaking (NPRM) to amend 14 CFR Number 32–74, dated November 1, identify and correct an unsafe condition part 39 to adding an AD that would 2014; and SAFRAN Messier-Buggatti- on an aviation product. The MCAI apply to Short Brothers & Harland Ltd Dowty Service Bulletin No. 32–17M, describes the unsafe condition as fatigue Model SC–7 Series 3 airplane. The dated November 1, 2014. The Shorts cracking, which could lead to structural NPRM was published in the Federal Service Bulletin Number 32–74, dated failure of the nose landing gear (NLG). Register on December 8, 2014 (79 FR November 1, 2014, and SAFRAN We are issuing this AD to require 72562). The NPRM proposed to correct Messier-Buggatti-Dowty Service Bulletin actions to address the unsafe condition an unsafe condition for the specified No. 32–17M, dated November 1, 2014, on these products. products and was based on mandatory describe procedures for a visual DATES: This AD is effective March 30, continuing airworthiness information inspection and a fluorescent penetrant 2015. (MCAI) originated by an aviation inspection (FPI) for cracking of the NLG

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Sliding Tube. This service information is within the scope of that authority 2015–04–01 Short Brothers & Harland Ltd: is reasonably available; see ADDRESSES because it addresses an unsafe condition Amendment 39–18103; Docket No. for ways to access this service that is likely to exist or develop on FAA–2014–1001; Directorate Identifier information. products identified in this rulemaking 2014–CE–034–AD. action. (a) Effective Date Costs of Compliance Regulatory Findings This airworthiness directive (AD) becomes We estimate that this AD will affect effective March 30, 2015. 24 products of U.S. registry. We also We determined that this AD will not estimate that it would take about 5 have federalism implications under (b) Affected Ads work-hours per product to comply with Executive Order 13132. This AD will None. the basic requirements of this AD. The not have a substantial direct effect on (c) Applicability the States, on the relationship between average labor rate is $85 per work-hour. This AD applies to Short Brothers & Based on these figures, we estimate the national government and the States, Harland Ltd. Model SC–7 Series 3 airplanes, the cost of the AD on U.S. operators to or on the distribution of power and all serial numbers, certificated in any be $10,200, or $425 per product. responsibilities among the various category. In addition, we estimate that any levels of government. necessary follow-on actions would take For the reasons discussed above, I (d) Subject about 16 work-hours and require parts certify this AD: Air Transport Association of America costing $25,000, for a cost of $26,360 (1) Is not a ‘‘significant regulatory (ATA) Code 32: Landing Gear. per product. We have no way of action’’ under Executive Order 12866, (e) Reason (2) Is not a ‘‘significant rule’’ under determining the number of products This AD was prompted by mandatory that may need these actions. the DOT Regulatory Policies and continuing airworthiness information (MCAI) Procedures (44 FR 11034, February 26, Paperwork Reduction Act originated by an aviation authority of another 1979), country to identify and correct an unsafe A federal agency may not conduct or (3) Will not affect intrastate aviation condition on an aviation product. The MCAI sponsor, and a person is not required to in Alaska, and describes the unsafe condition as fatigue respond to, nor shall a person be subject (4) Will not have a significant cracking which could lead to structural to penalty for failure to comply with a economic impact, positive or negative, failure of the nose landing gear (NLG). We are collection of information subject to the on a substantial number of small entities issuing this proposed AD to detect and correct fatigue cracking which, if not requirements of the Paperwork under the criteria of the Regulatory Flexibility Act. detected and corrected, could lead to Reduction Act unless that collection of structural failure of the NLG, possibly information displays a current valid Examining the AD Docket resulting in loss of control of the airplane OMB control number. The control during take-off or landing. You may examine the AD docket on number for the collection of information the Internet at http:// (f) Actions and Compliance required by this AD is 2120–0056. The www.regulations.gov by searching for paperwork cost associated with this AD Unless already done, comply with this AD and locating Docket No. FAA–2014– within the compliance times specified in has been detailed in the Costs of 1001; or in person at the Docket paragraphs (f)(1) through (f)(5) of this AD. Compliance section of this document Management Facility between 9 a.m. (1) Within 30 days after March 30, 2015 and includes time for reviewing and 5 p.m., Monday through Friday, (the effective date of this AD), accomplish a instructions, as well as completing and except Federal holidays. The AD docket visual inspection of the NLG sliding tube reviewing the collection of information. following the instructions of paragraph 3.A of contains the NPRM, the regulatory Therefore, all reporting associated with SAFRAN Messier-Buggatti-Dowty Service evaluation, any comments received, and this AD is mandatory. Comments Bulletin No. 32–17M, dated November 1, other information. The street address for concerning the accuracy of this burden 2014. the Docket Office (telephone (800) 647– Note 1 to paragraphs (f)(1), (f)(2), (f)(4), and and suggestions for reducing the burden 5527) is in the ADDRESSES section. (f)(5) of this AD: Instructions provided by should be directed to the FAA at 800 Comments will be available in the AD SAFRAN Messier-Buggatti-Dowty Service Independence Ave. SW., Washington, docket shortly after receipt. Bulletin No. 32–17M, dated November 1, DC 20591. ATTN: Information 2014, are referenced in Shorts Service Collection Clearance Officer, AES–200. List of Subjects in 14 CFR Part 39 Bulletin Number 32–74, dated November 1, Air transportation, Aircraft, Aviation 2014. Authority for This Rulemaking (2) Within 90 days after March 30, 2015 safety, Incorporation by reference, (the effective date of this AD), do a Title 49 of the United States Code Safety. specifies the FAA’s authority to issue fluorescent penetrant inspection of the rules on aviation safety. Subtitle I, Adoption of the Amendment sliding tube following the instructions of paragraph 3.B of SAFRAN Messier-Buggatti- section 106, describes the authority of Accordingly, under the authority Dowty Service Bulletin No. 32–17M, dated the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, November 1, 2014. Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as (3) If any crack is detected during the detail the scope of the Agency’s follows: inspection required by paragraph (f)(1) or authority. (f)(2) of this AD, before further flight, obtain We are issuing this rulemaking under PART 39—AIRWORTHINESS FAA-approved repair instructions approved the authority described in ‘‘Subtitle VII, DIRECTIVES specifically for compliance with this AD by Part A, Subpart III, Section 44701: reporting the findings to Short Brothers & General requirements.’’ Under that ■ 1. The authority citation for part 39 Harland Ltd and incorporating those section, Congress charges the FAA with continues to read as follows: instructions. You can find contact information for Short Brothers & Harland Ltd. promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. in paragraph (h) of this AD. air commerce by prescribing regulations § 39.13 [Amended] (4) Within 30 days after any inspection for practices, methods, and procedures required by paragraphs (f)(1) and (f)(2) of this the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by adding AD or within 30 days after March 30, 2015 safety in air commerce. This regulation the following new AD: (the effective date of this AD), whichever

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occurs later, report the inspection results to 2014, for related information. The MCAI can SUMMARY: The U.S. Army Corps of Short Brothers & Harland Ltd. by completing be found in the AD docket on the Internet at: Engineers is establishing a new danger the Inspection Results Proforma following http://www.regulations.gov/ zone in the waters adjacent to Camp the instructions of paragraph 3.C.(2) of #!documentDetail;D=FAA-2014-1001-0002. Rilea located in Clatsop County, Oregon. For Short Brothers & Harland Ltd. service SAFRAN Messier-Buggatti-Dowty Service The regulation prohibits any activity by Bulletin No. 32–17M, dated November 1, information identified in this AD, contact 2014. You can find contact information for Airworthiness, Short Brothers PLC, P.O. Box the public within the danger zone Short Brothers & Harland Ltd. in paragraph 241, Airport Road, Belfast, BT3 9DZ Northern during use of weapons training ranges. (h) of this AD. Ireland, United Kingdom; phone: +44–2890– The new danger zone is necessary to (5) From March 30, 2015 (the effective date 462469, fax: 44–2890–733647, email: ensure public safety and satisfy the of this AD), you may install a sliding tube on [email protected], Oregon National Guard operations an NLG provided that, before next flight after internet: None. requirements for small arms training. installation, the NLG sliding tube passes the (i) Material Incorporated by Reference DATES: Effective March 25, 2015. inspections in paragraphs (f)(1) and (f)(2) of this AD following the instructions of (1) The Director of the Federal Register ADDRESSES: U.S. Army Corps of paragraph 3 of SAFRAN Messier-Buggatti- approved the incorporation by reference Engineers, Attn: CECW–CO (David B. Dowty Service Bulletin No. 32–17M, dated (IBR) of the service information listed in this Olson), 441 G Street NW., Washington, November 1, 2014. paragraph under 5 U.S.C. 552(a) and 1 CFR DC 20314–1000. part 51. (g) Other FAA AD Provisions FOR FURTHER INFORMATION CONTACT: Mr. (2) You must use this service information David Olson, Headquarters, Operations The following provisions also apply to this as applicable to do the actions required by and Regulatory Community of Practice, AD: this AD, unless the AD specifies otherwise. (1) Alternative Methods of Compliance (i) SAFRAN Messier-Buggatti-Dowty Washington, DC at 202–761–4922 or Mr. (AMOCs): The Manager, Standards Office, Service Bulletin No. 32–17M, dated Steve Gagnon, U.S. Army Corps of FAA, has the authority to approve AMOCs November 1, 2014. Engineers, Portland District, Regulatory for this AD, if requested using the procedures (ii) Reserved. Branch, at 503–808–4379. found in 14 CFR 39.19. Send information to (3) For SAFRAN Messier-Buggatti-Dowty SUPPLEMENTARY INFORMATION: In ATTN: Doug Rudolph, Aerospace Engineer, service information identified in this AD, response to a request from the Oregon FAA, Small Airplane Directorate, 901 Locust, contact Messier-Dowty Limited, Cheltenham Army National Guard, and pursuant to Room 301, Kansas City, Missouri 64106; Road, Gloucester GL2 9QH, ENGLAND; its authorities in Section 7 of the Rivers telephone: (816) 329–4059; fax: (816) 329– phone: +44(0)1452 712424; fax: +44(0)1452 4090; email: [email protected]. Before 713821; email: [email protected], and Harbors Act of 1917 (40 Stat. 266; using any approved AMOC on any airplane Internet: http://www.safranmbd.com. 33 U.S.C. 1) and Chapter XIX of the to which the AMOC applies, notify your (4) You may view this service information Army Appropriations Act of 1919 (40 appropriate principal inspector (PI) in the at the FAA, Small Airplane Directorate, 901 Stat. 892; 33 U.S.C. 3), the Corps is FAA Flight Standards District Office (FSDO), Locust, Kansas City, Missouri 64106. For amending the regulations at 33 CFR part or lacking a PI, your local FSDO. information on the availability of this 334 to establish a new danger zone. The (2) Airworthy Product: For any requirement material at the FAA, call (816) 329–4148. In danger zone will prohibit access to in this AD to obtain corrective actions from addition, you can access this service waters adjacent to Camp Rilea during a manufacturer or other source, use these information on the Internet at http:// use of weapons training ranges, thereby actions if they are FAA-approved. Corrective www.regulations.gov by searching for and actions are considered FAA-approved if they locating Docket No. FAA–2014–1001. ensuring that no threat is posed to are approved by the State of Design Authority (6) You may view this service information passing water traffic due to ricochet (or their delegated agent). You are required that is incorporated by reference at the rounds. to assure the product is airworthy before it National Archives and Records The proposed rule was published in is returned to service. Administration (NARA). For information on the May 2, 2012, issue of the Federal (3) Reporting Requirements: For any the availability of this material at NARA, call Register (77 FR 25952), and its reporting requirement in this AD, a federal 202–741–6030, or go to: http:// regulations.gov docket number is COE– agency may not conduct or sponsor, and a www.archives.gov/federal-register/cfr/ibr- 2011–0036. Three state agencies person is not required to respond to, nor locations.html. responded to the notice with comments. shall a person be subject to a penalty for Issued in Kansas City, Missouri, on Most of the comments were regarding failure to comply with a collection of February 6, 2015. information subject to the requirements of public access and notification methods. the Paperwork Reduction Act unless that Robert Busto, Oregon law created a recreation collection of information displays a current Acting Manager, Small Airplane Directorate, easement in 1967 guaranteeing access to valid OMB Control Number. The OMB Aircraft Certification Service. the beaches for everyone. The Control Number for this information [FR Doc. 2015–03165 Filed 2–20–15; 8:45 am] commenting agencies expressed collection is 2120–0056. Public reporting for BILLING CODE 4910–13–P concerns that these closures would this collection of information is estimated to impinge on this recreational access, be approximately 5 minutes per response, especially during periods of heavy including the time for reviewing instructions, recreational use such as clam harvesting completing and reviewing the collection of DEPARTMENT OF DEFENSE information. All responses to this collection activities. Oregon Parks and Recreation of information are mandatory. Comments Department of the Army, Corps of Department developed an interagency concerning the accuracy of this burden and Engineers agreement with the Oregon Military suggestions for reducing the burden should Department detailing when closures can be directed to the FAA at: 800 Independence 33 CFR Part 334 and cannot occur and procedures for Ave. SW., Washington, DC 20591, Attn: those closures to ensure public safety. Information Collection Clearance Officer, Oregon Army National Guard Danger For example, the closures will not be AES–200. Zone, Camp Rilea, Clatsop County, scheduled during low tides most (h) Related Information Oregon favorable for clam digging; there will be Refer to MCAI European Aviation Safety AGENCY: U.S. Army Corps of Engineers, 15 minutes of cease fire during each Agency (EASA) AD No.: 2014–0246, dated DoD hour of closure to allow passage by boats and beach goers through the November 12, 2014; and Shorts Service ACTION: Final rule. Bulletin Number 32–74, dated November 1, restricted area; and Oregon Military

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Department will maintain a Web site to environmental impact statement is not zone, red flags will be raised on wooden disseminate information about closures. required. An environmental assessment poles immediately next to the beach at Oregon Department of Fish and has been prepared and may be reviewed the north and south boundaries of Camp Wildlife also had concerns about at the District office listed at the end of Rilea. The red flags will remain flying potential disturbance to sensitive the FOR FURTHER INFORMATION CONTACT while the ranges are in use. During night wildlife species, including Steller sea section, above. weapons training activities, red lights lions, snowy plovers, and sea turtles. d. Unfunded Mandates Act. This rule will be substituted for the flags. Closure The use of the danger zone is not does not impose an enforceable duty announcements will be broadcast over expected to increase impacts to any among the private sector and, therefore, marine VHF Channel 16/19. When range wildlife. A danger zone is a buffer it is not a Federal private section training activities are completed, the red established around a firing range for mandate and it is not subject to the flags will be removed and an unexpected errant rounds or explosive requirements of either section 202 or announcement made over marine VHF fragments. In addition, establishing a Section 205 of the Unfunded Mandates Channel 16/19 that restrictions are buffer is intended to increase public Act. We have also found under Section lifted. safety during training on the firing 203 of the Act that small governments (4) When restrictions are in force, ranges, but is not granting permission will not be significantly and uniquely Camp Rilea will visually monitor the for the National Guard to perform affected by this rulemaking. danger zone using radar and guards, training. Increased activity due to the List of Subjects in 33 CFR Part 334 equipped with binoculars and two-way danger zone determination would be radios, posted on the beach near the limited to hanging warning flags and Danger Zones, Marine Safety, north and south boundaries of the posting guards on the beach. This type Navigation (water), Restricted Areas, Camp. If a vessel is detected in the of activity is entirely consistent with Waterways. danger zone, a cease fire will be called existing activity on the beach and would For the reasons stated in the on all active weapons ranges and Camp not increase impacts to sensitive preamble, the Corps amends 33 CFR Rilea will attempt to contact the vessel wildlife species in the area. part 334 as follows: using marine VHF radio. Cease fire will be maintained until the vessel leaves the Procedural Requirements PART 334—DANGER ZONE AND danger zone. a. Review Under Executive Order RESTRICTED AREA REGULATIONS (c) Enforcement. The regulations in 12866. This final rule is issued with this section shall be enforced by the respect to a military function of the ■ 1. The authority citation for 33 CFR part 334 continues to read as follows: Commanding Officer, Camp Rilea, Defense Department and the provisions Oregon and such agencies as he/she of Executive Order 12866 do not apply. Authority: 40 Stat. 266 (33 U.S.C. 1) and may designate. b. Review Under the Regulatory 40 Stat. 892 (33 U.S.C. 3). Flexibility Act. This rule has been Dated: February 18, 2015. ■ 2. Add § 334.1175 to read as follows: reviewed under the Regulatory Edward E. Belk, Jr., Flexibility Act (Pub. L. 96–354). The § 334.1175 Pacific Ocean, at Camp Rilea, Chief, Operations and Regulatory Division, Regulatory Flexibility Act generally Clatsop County, Oregon; Danger Zone. Directorate of Civil Works. requires an agency to prepare a (a) The danger zone. The danger zone [FR Doc. 2015–03626 Filed 2–20–15; 8:45 am] regulatory flexibility analysis of any rule shall encompass all navigable waters of BILLING CODE 3720–58–P subject to the notice-and-comment the United States, as defined at 33 CFR rulemaking requirements under the part 329, within an area bounded as Administrative Procedure Act or any follows: Beginning at latitude DEPARTMENT OF DEFENSE other statute unless the agency certifies 46°09′00.32″ N, longitude 123°57′52.57″ that the rule will not have a significant W; thence to latitude 46°09′00.32″ N, Department of the Army, Corps of economic impact on a substantial longitude 124°01′03.92″ W; thence to Engineers number of small entities (i.e., small latitude 46°05′25.38″ N, longitude businesses and small governments). The 124°01′03.92″ W; thence to latitude 33 CFR Part 334 danger zone is necessary to protect ° ′ ″ ° ′ ″ 46 05 25.38 N, longitude 123 56 23.19 St. Johns River, U.S. Coast Guard public safety and satisfy the Oregon W. The datum for these coordinates is National Guard’s operations Station Mayport, Sector Jacksonville, WGS84. Florida; Restricted Area requirements for small arms training. (b) The regulations. (1) No person or Small entities can utilize navigable vessel shall enter or remain in the AGENCY: United States Army Corps of waters in the danger zone when the danger zone when restrictions are in Engineers, DoD. danger zone is not activated by the force during weapons range training ACTION: Final rule. Oregon National Guard. When the activities. At all other times, nothing in danger zone is activated, small entities this regulation prohibits any lawful uses SUMMARY: The U.S. Army Corps of can utilize navigable waters outside of of this area. Engineers (Corps) is amending its the danger zone. After considering the (2) A schedule for proposed closures restricted area/danger zone regulations economic impacts of this danger zone of the danger zone will be furnished to to establish a new restricted area in the regulation on small entities, I certify the Coast Guard, Astoria Command waters surrounding U.S. Coast Guard that this action will not have a Center one week in advance of range Sector Jacksonville facilities at Station significant impact on a substantial training activities to provide local notice Mayport, Jacksonville, Florida (Station number of small entities. to mariners. Changes to the schedule Mayport). Station Mayport is situated on c. Review Under the National made less than one week in advance of the south side of the St. Johns River Environmental Policy Act. The Corps the event will be transmitted to the which, as the primary federal navigable has determined that this regulation will Command Center on the day the change channel entering the Port of not have a significant impact to the is made. Jacksonville, is heavily transited by quality of the human environment and, (3) At least 30 minutes prior to commercial and recreational vessels. therefore, preparation of an restricting navigation in the danger This United States Coast Guard (USCG)

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facility maintains a high operational Procedural Requirements For the reasons set out in the tempo for both routine and emergency preamble, the Corps amends 33 CFR operations. This amendment to the a. Review Under Executive Order part 334 as follows: existing regulations is necessary to 12866. This regulation is issued with enhance the USCG’s ability to counter respect to a military function of the PART 334—DANGER ZONE AND postulated threats against their Department of Defense and the RESTRICTED AREA REGULATIONS personnel, equipment, cutters and provisions of Executive Order 12866 do facilities by providing a stand-off buffer not apply. ■ 1. The authority citation for part 334 encompassing the waters immediately b. Review Under the Regulatory continues to read as follows: contiguous to the Station Mayport. The Flexibility Act. This rule has been Authority: 40 Stat. 266 (33 U.S.C. 1) and amendment will also serve to protect reviewed under the Regulatory 40 Stat. 892 (33 U.S.C. 3). the general public from injury or Flexibility Act (Pub. L. 96–354). The ■ 2. Add § 334.505 to read as follows: property damage during routine and Regulatory Flexibility Act generally emergency USCG operations and requires an agency to prepare a § 334.505 St. Johns River, U.S. Coast provide an explosive safety arc buffer regulatory flexibility analysis of any rule Guard Station Mayport, Sector Jacksonville, during periodic transfer of ammunitions subject to the notice-and-comment Florida; restricted area. between units, including cutters. rulemaking requirements under the (a) The area. The restricted area Administrative Procedure Act or any DATES: Effective March 25, 2015. encompasses all navigable waters of the other statute unless the agency certifies United States as defined at 33 CFR part ADDRESSES: U.S. Army Corps of that the rule will not have a significant 329, within the area bounded by a line Engineers, Attn: CECW–CO (David B. economic impact on a substantial connecting the following coordinates: Olson), 441 G Street NW., Washington, number of small entities (i.e., small Commencing from the shoreline at DC 20314–1000. businesses and small governments). The latitude 30°23.315366′ N, longitude restricted area regulations is necessary 081°26.056735′ W; thence directly to FOR FURTHER INFORMATION CONTACT: Mr. to protect USCG personnel, equipment, latitude 30°23.325775′ N, longitude David Olson, Headquarters, Operations cutters, and facilities at Station 081°26.071548′ W; thence directly to and Regulatory Community of Practice, Mayport. The restricted area is also latitude 30°23.266063′ N, longitude Washington, DC at 202–761–4922 or Mr. necessary to protect the general public 081°26.132775′ W; thence to latitude Mark R. Evans, U.S. Army Corps of from injury or property damage during 30°23.215082′ N, longitude Engineers, Jacksonville District, routine and emergency USCG 081°26.1287404′ W; thence proceed Regulatory Division, at 904–232–2028. operations. Small entities can continue directly to a point on the shoreline at SUPPLEMENTARY INFORMATION: Pursuant to use the navigable waters of St. Johns latitude 30°23.204522′ N, longitude to its authorities in Section 7 of the River that are outside of the restricted 081°26.111753′ W thence following the Rivers and Harbors Act of 1917 (40 Stat area. After considering the economic mean high water line to the point of 266; 33 U.S.C. 1) and Chapter XIX of the impacts of this danger zone regulation beginning. The datum for these Army Appropriations Act of 1919 (40 on small entities, I certify that this coordinates is WGS84. action will not have a significant impact Stat 892; 33 U.S.C. 3) the Corps is (b) The regulation. (1) The restricted on a substantial number of small amending the regulations in 33 CFR part area described in paragraph (a) of this entities. 334 by adding § 334.505 to establish a section is only open to U.S. Government new restricted area in the waters of the c. Review Under the National vessels. U.S. Government vessels St. Johns River adjacent to Station Environmental Policy Act. This include, but are not limited to, U.S. Mayport. The amendment to this regulation will not have a significant Coast Guard, U.S. Coast Guard regulation will allow the Commanding impact to the quality of the human Auxiliary, Department of Defense, Officer, U.S. Coast Guard Station environment and, therefore, preparation National Oceanic and Atmospheric Mayport to restrict passage of persons, of an environmental impact statement Administration, state and local law watercraft, and vessels in waters will not be required. An environmental enforcement, emergency services and contiguous to this Command, thereby assessment has been prepared. It may be vessels under contract with the U.S. providing greater security to the reviewed at the district office listed at Government. Warning signs notifying personnel, equipment, cutters and the end of FOR FURTHER INFORMATION individuals of the restricted area facilities housed at the site. CONTACT, above. boundary and prohibiting all The proposed rule was published in d. Unfunded Mandates Act. This unauthorized entry into the area will be the July 17, 2014, issue of the Federal regulation does not impose an posted along the property boundary. Register (79 FR 41664), and its enforceable duty among the private (2) All persons, vessels and other craft regulations.gov docket number is COE– sector and, therefore, is not a Federal are prohibited from entering, transiting, 2014–0009. In response to the proposed private sector mandate and is not drifting, dredging or anchoring within rule, one comment was provided by the subject to the requirements of Section the restricted area described in Marine Chart Division, National 202 or 205 of the Unfunded Mandates paragraph (a) of this section without Oceanic and Atmospheric Reform Act (Pub. L. 104–4, 109 Stat. 48, prior approval from the Commanding Administration. The concern voiced 2 U.S.C. 1501 et seq.). We have also Officer, U.S. Coast Guard Station pertained to the lack of information found under Section 203 of the Act, that Mayport or his/her designated regarding what horizontal datum was small governments will not be representative. associated with the latitude/longitude significantly or uniquely affected by this (3) Fishing, trawling, net-fishing and coordinates used to define the restricted regulation. other aquatic activities are prohibited in area. In response to the comment List of Subjects in 33 CFR Part 334 the restricted area without prior received, we have modified the rule text approval from the Commanding Officer, to include datum information within the Danger zones, Navigation (water), U.S. Coast Guard Station Mayport or body of the final rule. Restricted areas, Waterways. his/her designated representative.

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(4) The restrictions described in Public Reading Room is (202) 566–1744, and hearing requests are provided in 40 paragraph (b) of this section are in effect and the telephone number for the OPP CFR 178.25(b). 24 hours a day, 7 days a week. Docket is (703) 305–5805. Please review In addition to filing an objection or (c) Enforcement. The regulations in the visitor instructions and additional hearing request with the Hearing Clerk this section shall be enforced by the information about the docket available as described in 40 CFR part 178, please Commanding Officer, U.S. Coast Guard at http://www.epa.gov/dockets. submit a copy of the filing (excluding Station Mayport and/or such persons or FOR FURTHER INFORMATION CONTACT: any Confidential Business Information agencies as he/she may designate. Robert McNally, Biopesticides and (CBI)) for inclusion in the public docket. Dated: February 18, 2015. Pollution Prevention Division (7511P), Information not marked confidential pursuant to 40 CFR part 2 may be Edward E. Belk, Jr., Office of Pesticide Programs, Environmental Protection Agency, 1200 disclosed publicly by EPA without prior Chief, Operations and Regulatory Division, notice. Submit the non-CBI copy of your Directorate of Civil Works. Pennsylvania Ave. NW., Washington, objection or hearing request, identified DC 20460–0001; main telephone [FR Doc. 2015–03625 Filed 2–20–15; 8:45 am] by docket ID number EPA–HQ–OPP– number: (703) 305–7090; email address: BILLING CODE 3720–58–P 2014–0457, by one of the following [email protected]. methods: SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// ENVIRONMENTAL PROTECTION I. General Information www.regulations.gov. Follow the online AGENCY instructions for submitting comments. A. Does this action apply to me? Do not submit electronically any 40 CFR Part 174 You may be potentially affected by information you consider to be CBI or [EPA–HQ–OPP–2014–0457; FRL–9922–53] this action if you are an agricultural other information whose disclosure is restricted by statute. producer, food manufacturer, or • Temporary Exemption From the pesticide manufacturer. The following Mail: OPP Docket, Environmental Requirement of a Tolerance list of North American Industrial Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. AGENCY: Environmental Protection Classification System (NAICS) codes is not intended to be exhaustive, but rather NW., Washington, DC 20460–0001. Agency (EPA). • Hand Delivery: To make special provides a guide to help readers ACTION: Final rule. arrangements for hand delivery or determine whether this document delivery of boxed information, please SUMMARY: This regulation establishes a applies to them. Potentially affected follow the instructions at http:// temporary exemption from the entities may include: requirement of a tolerance for residues • www.epa.gov/dockets/contacts.html. Crop production (NAICS code 111). Additional instructions on of the VNT1 protein in potato when • Animal production (NAICS code commenting or visiting the docket, used as a plant-incorporated protectant 112). along with more information about in accordance with the terms of • Food manufacturing (NAICS code dockets generally, is available at Experimental Use Permit (EUP) No. 311). http://www.epa.gov/dockets. 8917–EUP–2. J.R. Simplot Company • Pesticide manufacturing (NAICS submitted a petition to EPA under the code 32532). II. Background and Statutory Findings Federal Food, Drug, and Cosmetic Act In the Federal Register of October 24, B. How can I get electronic access to (FFDCA), requesting the temporary 2014 (79 FR 63594) (FRL–9916–03), other related information? tolerance exemption. This regulation EPA issued a document pursuant to eliminates the need to establish a You may access a frequently updated FFDCA section 408(d)(3), 21 U.S.C. maximum permissible level for residues electronic version of 40 CFR part 174 346a(d)(3), announcing the filing of a of VNT1 protein in potato. The through the Government Printing pesticide tolerance petition (PP 4F8251) temporary tolerance exemption expires Office’s e-CFR site at http:// by J.R. Simplot Company, 5369 W. on December 31, 2015. www.ecfr.gov/cgi-bin/text- Irving St., Boise, ID 83706. In the DATES: This regulation is effective idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Federal Register of December 17, 2014 February 23, 2015. Objections and 40tab_02.tpl. (79 FR 75107) (FRL–9918–90), EPA requests for hearings must be received inadvertently reannounced the filing of C. How can I file an objection or hearing on or before April 24, 2015, and must this same petition. The petition request? be filed in accordance with the requested that 40 CFR part 174 be instructions provided in 40 CFR part Under FFDCA section 408(g), 21 amended by establishing a temporary 178 (see also Unit I.C. of the U.S.C. 346a, any person may file an exemption from the requirement of a SUPPLEMENTARY INFORMATION). objection to any aspect of this regulation tolerance for residues of Potato Late ADDRESSES: The docket for this action, and may also request a hearing on those Blight Resistance protein VTN1 in or on identified by docket identification (ID) objections. You must file your objection potato. Those documents referenced a number EPA–HQ–OPP–2014–0457, is or request a hearing on this regulation summary of the petition prepared by the available at http://www.regulations.gov in accordance with the instructions petitioner J.R. Simplot Company, which or at the Office of Pesticide Programs provided in 40 CFR part 178. To ensure is available in the docket, http:// Regulatory Public Docket (OPP Docket) proper receipt by EPA, you must www.regulations.gov. Comments were in the Environmental Protection Agency identify docket ID number EPA–HQ– received, and EPA’s response to these Docket Center (EPA/DC), West William OPP–2014–0457 in the subject line on comments is discussed in Unit VII.B. Jefferson Clinton Bldg., Rm. 3334, 1301 the first page of your submission. All Section 408(c)(2)(A)(i) of FFDCA Constitution Ave. NW., Washington, DC objections and requests for a hearing allows EPA to establish an exemption 20460–0001. The Public Reading Room must be in writing, and must be from the requirement for a tolerance (the is open from 8:30 a.m. to 4:30 p.m., received by the Hearing Clerk on or legal limit for a pesticide chemical Monday through Friday, excluding legal before April 24, 2015. Addresses for residue in or on a food) only if EPA holidays. The telephone number for the mail and hand delivery of objections determines that the exemption is ‘‘safe.’’

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Section 408(c)(2)(A)(ii) of FFDCA infestans throughout the rest of the 1. The VNT1 protein has been a defines ‘‘safe ’’ to mean that ‘‘there is a plant. component of the human diet from reasonable certainty that no harm will Although people have not been ingestion of tomatoes for a long time. result from aggregate exposure to the exposed to the VNT1 protein in potatoes 2. The VNT1 protein is similar to pesticide chemical residue, including (because it is currently only found in other proteins to which people are all anticipated dietary exposures and all wild potato varieties), humans have regularly exposed in their diet without other exposures for which there is been exposed to the VNT1 protein in adverse effect. reliable information.’’ This includes tomatoes. In addition to conferring 3. The VNT1 protein is not similar to exposure through drinking water and in resistance to late blight in potato, the any known allergens. VNT1 protein also confers resistance to residential settings, but does not include IV. Aggregate Exposures occupational exposure. Pursuant to late blight in tomatoes. Both potato and FFDCA section 408(c)(2)(B), in tomato, which both belong to the In examining aggregate exposure, establishing or maintaining in effect an Solanum genus, are affected by late FFDCA section 408 directs EPA to exemption from the requirement of a blight and have developed resistance consider available information tolerance, EPA must take into account through the same VNT1 protein. concerning exposures from the pesticide the factors set forth in FFDCA section In addition, the VNT1 protein found residue in food and all other non- 408(b)(2)(C), which require EPA to give in wild potatoes and tomatoes is similar occupational exposures, including special consideration to exposure of to several other protein sequences in drinking water from ground water or infants and children to the pesticide tomatoes. The protein in tomato species surface water and exposure through chemical residue in establishing a most closely related to the VNT1 protein pesticide use in gardens, lawns, or tolerance and to ‘‘ensure that there is a (over 90% similarity) introduced into buildings (residential and other indoor 2 reasonable certainty that no harm will potato is called Tm-2 or Tm2 , which is uses). result to infants and children from a protein bred into tomato for resistance The Agency has considered available aggregate exposure to the pesticide to the tomato mosaic virus. information on the aggregate exposure chemical residue. . . .’’ Additionally, levels of consumers (and major B. Mammalian Toxicity and identifiable subgroups of consumers) to FFDCA section 408(b)(2)(D) requires Allergenicity Assessment that the Agency consider ‘‘available the pesticide chemical residue and to Since the VNT1 protein is not other related substances. These information concerning the cumulative detectable by current methodologies and effects of a particular pesticide’s considerations include dietary exposure attempts to isolate or produce the VNT1 under the tolerance exemption and all residues’’ and ‘‘other substances that protein were not successful, no toxicity have a common mechanism of toxicity.’’ other tolerances or exemptions in effect testing was performed with either plant for the residues of plant-incorporated EPA performs a number of analyses to purified protein or protein produced in protectant, and exposure from non- determine the risks from aggregate a surrogate organism. Rather, the occupational sources. exposure to pesticide residues. First, Agency has reviewed a bioinformatics The Agency expects consumers to be EPA determines the toxicity of analysis of the allergenic and toxic exposed to the VNT1 protein through pesticides. Second, EPA examines potential of the VNT1 protein and on potatoes containing the plant- exposure to the pesticide through food, similar proteins to which humans are incorporated protectant derived from drinking water, and through other currently and regularly exposed through the Rpi-vnt1 gene and to other potatoes exposures that occur as a result of ingestion of edible plants. The Agency and tomatoes containing the gene pesticide use in residential settings. has identified known allergens found in naturally. Since this protein will be III. Toxicological Profile potatoes and tomatoes, and the analysis directly incorporated into the potato in shows that VNT1 protein does not have a plant-incorporated protectant, the Consistent with FFDCA section any similarity to any known allergens. Agency does not expect any exposure 408(b)(2)(D), EPA has reviewed the The Agency has not identified any through drinking water or through available scientific data and other other potential toxicity with the VNT1 inhalation or dermal routes of exposure. relevant information in support of this protein. Although some proteins may The Agency also does not expect any action and considered its validity, have toxic properties, those proteins are non-occupational (i.e., other residential) completeness and reliability, and the not found in tomato or potato, and the exposure to the VNT1 protein since relationship of this information to VNT1 protein does not have any there are no residential uses for this human risk. EPA has also considered similarity to those proteins. plant-incorporated protectant. available information concerning the Furthermore, consumers have been variability of the sensitivities of major exposed previously to the VNT1 protein V. Cumulative Effects From Substances identifiable subgroups of consumers, in tomatoes. Also, consumers have been With a Common Mechanism of Toxicity including infants and children. exposed to the very similar Tm-2 Section 408(b)(2)(D)(v) of FFDCA A. Product Characterization Overview protein in tomato. Many tomato mosaic requires that, when considering whether virus resistant tomato varieties are to establish, modify, or revoke a The gene that confers Potato Late readily available and grown in the U.S. tolerance, the Agency consider Blight Resistance (Rpi-vnt1) is found for fresh market tomato production and ‘‘available information’’ concerning the naturally in wild potato varieties. When are widely consumed. Since no health cumulative effects of a particular Rpi-vnt1 is expressed in potato, the or toxicity issues have been raised in pesticide’s residues and ‘‘other VNT1 protein it encodes confers broad- tomato containing the Tm-2 protein, the substances that have a common spectrum resistance to Phytophthora Agency does not expect any toxicity to mechanism of toxicity.’’ infestans, late blight of potato. VNT1 be associated with the VNT1 protein in EPA has concluded that the VNT1 activates a signal transduction pathway potato. protein in potato does not have a toxic that leads to localized plant cell death Therefore, EPA concludes that VNT1 mode of action and thus does not share or the hypersensitive response. Death is protein is not likely to pose any toxicity a common mechanism of toxicity with restricted to a few plant cells and limits or cause any allergenicity based on the other substances; therefore, section the growth and spread of Phytophthora following: 408(b)(2)(D)(v)) does not apply.

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VI. Determination of Safety for U.S. B. Response to Comments response to a petition submitted to the Population, Infants and Children EPA received two comments relevant Agency. The Office of Management and FFDCA section 408(b)(2)(C) provides to this petition. Budget (OMB) has exempted these types that, in considering the establishment of It is unclear whether one commenter, of actions from review under Executive a tolerance or tolerance exemption for a which urged ‘‘no deregulation’’, had a Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, pesticide chemical residue, EPA shall general comment related to the Agency’s October 4, 1993). Because this action assess the available information about tolerance action for the VNT1 protein. has been exempted from review under consumption patterns among infants EPA’s action is establishing a regulation Executive Order 12866, this action is and children, special susceptibility of that would exempt residues of the VNT1 not subject to Executive Order 13211, infants and children to pesticide protein in potato from the requirement entitled ‘‘Actions Concerning chemical residues, and the cumulative of a tolerance; the Agency does not Regulations That Significantly Affect effects on infants and children of the consider such action to be a Energy Supply, Distribution, or Use’’ (66 residues and other substances with a ‘‘deregulation’’. EPA continues to FR 28355, May 22, 2001) or Executive common mechanism of toxicity. In regulate this pesticidal active ingredient Order 13045, entitled ‘‘Protection of addition, FFDCA section 408(b)(2)(C) through the FFDCA and the Federal provides that EPA shall apply an Children from Environmental Health Insecticide Fungicide and Rodenticide Risks and Safety Risks’’ (62 FR 19885, additional tenfold (10X) margin of Act (FIFRA). To the extent the exposure (safety) for infants and April 23, 1997). This action does not commenter is arguing generally that that contain any information collections children in the case of threshold effects pesticides, including plant-incorporated to account for prenatal and postnatal subject to OMB approval under the protectants, should be banned on Paperwork Reduction Act (PRA) (44 toxicity and the completeness of the agricultural crop, the comment appears database on toxicity and exposure U.S.C. 3501 et seq.), nor does it require to be directed at the underlying statute any special considerations under unless EPA determines that a different and not EPA’s implementation of it. margin of exposure (safety) will be safe Executive Order 12898, entitled However, the existing legal framework ‘‘Federal Actions to Address for infants and children. This additional provided by section 408 of the FFDCA margin of exposure (safety) is commonly Environmental Justice in Minority states that tolerances or exemptions may Populations and Low-Income referred to as the Food Quality be set when the Agency determines that Protection Act Safety Factor (FQPA SF). Populations’’ (59 FR 7629, February 16, the pesticide meets the safety standard 1994). In applying this provision, EPA either imposed by that statute. retains the default value of 10X or uses Since tolerances and exemptions that Another commenter raised issues in are established on the basis of a petition a different additional safety factor when regards to pollen drift, soil health, and under FFDCA section 408(d), such as reliable data available to EPA support mammalian health for plant- the exemption in this final rule, do not the choice of a different factor. incorporated protectants. In this FFDCA require the issuance of a proposed rule, Based on the information discussed in action, the Agency has reviewed the Unit III., EPA concludes that there are the requirements of the Regulatory food safety issues for this product and Flexibility Act (RFA) (5 U.S.C. 601 et no threshold effects of concern to has concluded the product is safe for infants, children, or adults from seq.), do not apply. human/animal consumption. The This action directly regulates growers, exposure to the VNT1 protein. As a potatoes with the VNT1 protein are safe food processors, food handlers, and food result, EPA concludes that no additional for human consumption at levels likely retailers, not States or tribes, nor does margin of exposure (safety) is necessary to be found in these sources. The other this action alter the relationships or to protect infants and children and that issues raised by the commenter, pollen distribution of power and not adding any additional margin of drift and soil health, are not relevant to responsibilities established by Congress exposure (safety) will be safe for infants this food safety determination made in the preemption provisions of FFDCA and children. under FFDCA. However, EPA has section 408(n)(4). As such, the Agency Therefore, based on the discussion in considered these issues as part of its has determined that this action will not Unit III and the supporting review of the EUP regulated under have a substantial direct effect on States documentation, EPA concludes that FIFRA. or tribal governments, on the there is a reasonable certainty that no relationship between the national VIII. Conclusion harm will result to the U.S. population, government and the States or tribal including infants and children, from The Agency concludes that there is a governments, or on the distribution of aggregate exposure to the residues of reasonable certainty that no harm will power and responsibilities among the VNT1 protein in potato when it is used result to the U.S. population, including various levels of government or between as a plant-incorporated protectant. Such infants and children, from aggregate the Federal Government and Indian exposure includes all anticipated exposure to residues of VNT1 protein in tribes. Thus, the Agency has determined dietary exposures and all other potato. Therefore, a temporary that Executive Order 13132, entitled exposures for which there is reliable exemption is established for residues ‘‘Federalism’’ (64 FR 43255, August 10, information. the VNT1 protein in potato. The 1999) and Executive Order 13175, VII. Other Considerations experimental use permit (EUP No. entitled ‘‘Consultation and Coordination 8917–EUP–2) expires on December 31, with Indian Tribal Governments’’ (65 FR A. Analytical Enforcement Methodology 2015, so EPA is establishing an 67249, November 9, 2000) do not apply The Agency has determined that an expiration for this temporary tolerance to this action. In addition, this action analytical method is not required for of the same date. does not impose any enforceable duty or enforcement purposes since the Agency contain any unfunded mandate as IX. Statutory and Executive Order is establishing a temporary exemption described under Title II of the Unfunded Reviews from the requirement of a tolerance Mandates Reform Act (UMRA) (2 U.S.C. without any numerical limitation in This action establishes an exemption 1501 et seq.). association with use under EUP No.: from the requirement of a tolerance This action does not involve any 8917–EUP–2. under FFDCA section 408(d) in technical standards that would require

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Agency consideration of voluntary SUMMARY: This regulation establishes a • Animal production (NAICS code consensus standards pursuant to section tolerance for residues of fomesafen in or 112). 12(d) of the National Technology on watermelon. Interregional Research • Food manufacturing (NAICS code Transfer and Advancement Act Project Number 4 (IR–4) requested this 311). (NTTAA) (15 U.S.C. 272 note). tolerance under the Federal Food, Drug, • Pesticide manufacturing (NAICS and Cosmetic Act (FFDCA). A final rule code 32532). X. Congressional Review Act establishing a tolerance for residues of B. How can I get electronic access to Pursuant to the Congressional Review fomesafen on watermelon, among other other related information? Act (5 U.S.C. 801 et seq.), EPA will commodities, was previously published submit a report containing this rule and in the Federal Register on November 1, You may access a frequently updated other required information to the U.S. 2013, however, watermelon was not electronic version of EPA’s tolerance Senate, the U.S. House of ultimately included in the table in the regulations at 40 CFR part 180 through Representatives, and the Comptroller Code of Federal Regulations (CFR) the Government Printing Office’s e-CFR General of the United States prior to under section 180.433 paragraph (a). site at http://www.ecfr.gov/cgi-bin/text- publication of the rule in the Federal This document corrects that error. idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl. Register. This action is not a ‘‘major DATES: This regulation is effective rule’’ as defined by 5 U.S.C. 804(2). February 23, 2015. Objections and C. How can I file an objection or hearing List of Subjects in 40 CFR Part 174 requests for hearings must be received request? Environmental protection, on or before April 24, 2015, and must Under FFDCA section 408(g), 21 Administrative practice and procedure, be filed in accordance with the U.S.C. 346a, any person may file an Agricultural commodities, Pesticides instructions provided in 40 CFR part objection to any aspect of this regulation and pests, Reporting and recordkeeping 178 (see also Unit I.C. of the and may also request a hearing on those requirements. SUPPLEMENTARY INFORMATION). objections. You must file your objection ADDRESSES: The docket for this action, Dated: February 4, 2015. or request a hearing on this regulation identified by docket identification (ID) in accordance with the instructions Kimberly Nesci, number EPA–HQ–OPP–2012–0589, is provided in 40 CFR part 178. To ensure Chief, Microbial Pesticides Branch, available at http://www.regulations.gov proper receipt by EPA, you must Biopesticides and Pollution Prevention or at the Office of Pesticide Programs Division, Office of Pesticide Programs. identify docket ID number EPA–HQ– Regulatory Public Docket (OPP Docket) OPP–2012–0589 in the subject line on Therefore, 40 CFR chapter I is in the Environmental Protection Agency the first page of your submission. All amended as follows: Docket Center (EPA/DC), West William objections and requests for a hearing PART 174—[AMENDED] Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or ■ 1. The authority citation for part 174 20460–0001. The Public Reading Room before April 24, 2015. Addresses for continues to read as follows: is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections Monday through Friday, excluding legal Authority: 21 U.S.C. 321(q), 346a and 371. and hearing requests are provided in 40 holidays. The telephone number for the CFR 178.25(b). ■ 2. Add § 174.534 to subpart W to read Public Reading Room is (202) 566–1744, In addition to filing an objection or as follows: and the telephone number for the OPP hearing request with the Hearing Clerk Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please § 174.534 VNT1 protein in potato; the visitor instructions and additional submit a copy of the filing (excluding temporary exemption from the requirement of a tolerance. information about the docket available any Confidential Business Information at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. Residues of VNT1 protein in potato Information not marked confidential are exempt from the requirement of a FOR FURTHER INFORMATION CONTACT: pursuant to 40 CFR part 2 may be tolerance when the Rpi-vnt1 gene that Susan Lewis, Registration Division disclosed publicly by EPA without prior expresses the VNT1 protein is used as (7505P), Office of Pesticide Programs, notice. Submit the non-CBI copy of your a plant-incorporated protectant in Environmental Protection Agency, 1200 objection or hearing request, identified potato in accordance with the terms of Pennsylvania Ave. NW., Washington, by docket ID number EPA–HQ–OPP– Experimental Use Permit No. 8917– DC 20460–0001; main telephone 2012–0589, by one of the following EUP–2. This temporary exemption from number: (703) 305–7090; email address: [email protected]. methods: the requirement of a tolerance expires • Federal eRulemaking Portal: http:// SUPPLEMENTARY INFORMATION: on December 31, 2015. www.regulations.gov. Follow the online [FR Doc. 2015–03570 Filed 2–20–15; 8:45 am] I. General Information instructions for submitting comments. BILLING CODE 6560–50–P Do not submit electronically any A. Does this action apply to me? information you consider to be CBI or You may be potentially affected by other information whose disclosure is ENVIRONMENTAL PROTECTION this action if you are an agricultural restricted by statute. AGENCY producer, food manufacturer, or • Mail: OPP Docket, Environmental pesticide manufacturer. The following Protection Agency Docket Center (EPA/ 40 CFR Part 180 list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. [EPA–HQ–OPP–2012–0589; FRL–9922–82] Classification System (NAICS) codes is NW., Washington, DC 20460–0001. not intended to be exhaustive, but rather • Hand Delivery: To make special Fomesafen; Pesticide Tolerance provides a guide to help readers arrangements for hand delivery or AGENCY: Environmental Protection determine whether this document delivery of boxed information, please Agency (EPA). applies to them. Potentially affected follow the instructions at http:// entities may include: www.epa.gov/dockets/contacts.html. ACTION: Final rule. • Crop production (NAICS code 111). Additional instructions on commenting

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or visiting the docket, along with more IV. Conclusion August 10, 1999) and Executive Order information about dockets generally, is Therefore, a tolerance is established 13175, entitled ‘‘Consultation and available at http://www.epa.gov/ for residues of the herbicide fomesafen, Coordination with Indian Tribal dockets. including its metabolites and Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In II. Summary of Petitioned-For degradates, in or on watermelon at 0.025 ppm. addition, this action does not impose Tolerance any enforceable duty or contain any V. Statutory and Executive Order In the Federal Register of September unfunded mandate as described under Reviews 28, 2012 (77 FR 59578) (FRL–9364–6), Title II of the Unfunded Mandates EPA issued a document pursuant to This action establishes tolerances Reform Act (UMRA) (2 U.S.C. 1501 et seq.). FFDCA section 408(d)(3), 21 U.S.C. under FFDCA section 408(d) in This action does not involve any 346a(d)(3), announcing the filing of a response to a petition submitted to the Agency. The Office of Management and technical standards that would require pesticide petition (PP 2E8061) by IR–4, Agency consideration of voluntary IR–4 Project Headquarters, 500 College Budget (OMB) has exempted these types of actions from review under Executive consensus standards pursuant to section Road East, Suite 201W, Princeton, NJ 12(d) of the National Technology 08540. The petition requested that 40 Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, Transfer and Advancement Act CFR 180.433 be amended by (NTTAA) (15 U.S.C. 272 note). establishing tolerances for residues of October 4, 1993). Because this action the herbicide fomesafen, 5-[2-chloro-4- has been exempted from review under VI. Congressional Review Act Executive Order 12866, this action is (trifluoromethyl)phenoxy]-N- Pursuant to the Congressional Review not subject to Executive Order 13211, (methylsulfonyl)-2-nitrobenzamide, in Act (5 U.S.C. 801 et seq.), EPA will entitled ‘‘Actions Concerning or on cantaloupe; cucumber; pea, submit a report containing this rule and Regulations That Significantly Affect succulent; pumpkin; squash, summer; other required information to the U.S. Energy Supply, Distribution, or Use’’ (66 squash, winter; and watermelon at 0.025 Senate, the U.S. House of FR 28355, May 22, 2001) or Executive parts per million (ppm); and soybean, Representatives, and the Comptroller Order 13045, entitled ‘‘Protection of vegetable, succulent at 0.05 ppm. The General of the United States prior to Children from Environmental Health document referenced a summary of the publication of the rule in the Federal Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major petition prepared by Syngenta Crop April 23, 1997). This action does not rule’’ as defined by 5 U.S.C. 804(2). Protections, LLC, the registrant, which contain any information collections is available in the docket, http:// subject to OMB approval under the List of Subjects in 40 CFR Part 180 www.regulations.gov. Paperwork Reduction Act (PRA) (44 Environmental protection, A final rule establishing tolerances on U.S.C. 3501 et seq.), nor does it require Administrative practice and procedure, these commodities, including any special considerations under Agricultural commodities, Pesticides watermelon at 0.025 ppm, was Executive Order 12898, entitled and pests, Reporting and recordkeeping published in the Federal Register on ‘‘Federal Actions to Address requirements. November 1, 2013 (78 FR 65565) (FRL– Environmental Justice in Minority 9401–8); however, watermelon was not Populations and Low-Income Dated: February 12, 2015. ultimately included in the CFR under Populations’’ (59 FR 7629, February 16, Susan Lewis, section 180.433 paragraph (a). This 1994). Director, Registration Division, Office of document corrects that error and Since tolerances and exemptions that Pesticide Programs. establishes the tolerance for residues of are established on the basis of a petition Therefore, 40 CFR chapter I is fomesafen in or on watermelon at 0.025 under FFDCA section 408(d), such as amended as follows: ppm. the tolerance in this final rule, do not require the issuance of a proposed rule, PART 180—[AMENDED] III. Aggregate Risk Assessment and the requirements of the Regulatory ■ 1. The authority citation for part 180 Determination of Safety Flexibility Act (RFA) (5 U.S.C. 601 et continues to read as follows: seq.), do not apply. EPA is relying upon the findings This action directly regulates growers, Authority: 21 U.S.C. 321(q), 346a and 371. summarized in the November 1, 2013, food processors, food handlers, and food final rule (78 FR 65565) (FRL–9401–8) ■ 2. In § 180.433, by adding retailers, not States or tribes, nor does that established tolerances for residues alphabetically the following entry this action alter the relationships or of fomesafen in or on multiple ‘‘Watermelon’’ to the table in paragraph distribution of power and (a) to read as follows: commodities, including watermelon, to responsibilities established by Congress establish this tolerance. Details in the preemption provisions of FFDCA § 180.433 Fomesafen; tolerances for regarding the final rule as well as its section 408(n)(4). As such, the Agency residues. associated supporting risk assessments has determined that this action will not (a) * * * are available at http:// have a substantial direct effect on States www.regulations.gov in docket ID or tribal governments, on the Commodity Parts number EPA–HQ–OPP–2012–0589. relationship between the national per million Based on the risk assessments used to government and the States or tribal support the November 1, 2013, Federal governments, or on the distribution of ***** Register notice, EPA concludes that power and responsibilities among the there is a reasonable certainty that no various levels of government or between Watermelon ...... 0.025 harm will result to the general the Federal Government and Indian population, or to infants and children Tribes. Thus, the Agency has * * * * * from aggregate exposure to fomesafen determined that Executive Order 13132, [FR Doc. 2015–03575 Filed 2–20–15; 8:45 am] residues. entitled ‘‘Federalism’’ (64 FR 43255, BILLING CODE 6560–50–P

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FEDERAL COMMUNICATIONS Public Law 107–198, see 44 U.S.C. regulations were developed under a co- COMMISSION 3506(c)(4). Provisions of the Regulatory management process involving the Flexibility Act of 1980 do not apply to Service, the Alaska Department of Fish 47 CFR Part 73 this proceeding. and Game, and Alaska Native [MB Docket No. 15–2, RM–11744; DA 15– The Commission will send a copy of representatives. The rulemaking is 210] the Report and Order in a report to be necessary because the regulations sent to Congress and the Government governing the subsistence harvest of Television Broadcasting Services; Accountability Office pursuant to the migratory birds in Alaska are subject to Lansing, Michigan Congressional review Act, see 5 U.S.C. annual review. This rulemaking 801(a)(1)(A). establishes region-specific regulations AGENCY: Federal Communications that would go into effect on April 2, List of Subjects in 47 CFR Part 73 Commission. 2015, and expire on August 31, 2015. ACTION: Final rule. Television. DATES: Effective April 2, 2015, through SUMMARY: A petition for rulemaking was Federal Communications Commission. August 31, 2015. filed by WLAJ–TV LLC (‘‘Petitioner’’), Barbara A. Kreisman, FOR FURTHER INFORMATION CONTACT: the licensee of WLAJ–TV, channel 51, Chief, Video Division, Media Bureau. Donna Dewhurst, U.S. Fish and Wildlife Lansing, Michigan, requesting the For the reasons discussed in the Service, 1011 E. Tudor Road, Mail Stop substitution of channel 25 for channel preamble, the Federal Communications 201, Anchorage, AK 99503; (907) 786– 51 at Lansing. Petitioner filed comments Commission amends 47 CFR part 73 as 3499. reaffirming its interest in the proposed follows: SUPPLEMENTARY INFORMATION: channel substitution stating that if the Why is this rulemaking necessary? proposal is granted, it will promptly file PART 73—RADIO BROADCAST an application for the facilities specified SERVICES This rulemaking is necessary because, in its rulemaking petition and construct by law, the migratory bird harvest the station. Petitioner also reiterates that ■ 1. The authority citation for part 73 season is closed unless opened by the the grant of the petition would serve the continues to read as follows: Secretary of the Interior, and the public interest because its operation on Authority: 47 U.S.C. 154, 303, 334, 336, regulations governing subsistence channel 25 would eliminate potential and 339. harvest of migratory birds in Alaska are interference to and from wireless subject to public review and annual operations in the adjacent Lower 700 § 73.622 [Amended] approval. This rule establishes MHz A Block. The proposed ■ 2. Section 73.622(i), the Post- regulations for the taking of migratory substitution will permit the wireless Transition Table of DTV Allotments birds for subsistence uses in Alaska licensee to expand operations in service under Michigan is amended by during the spring and summer of 2015. to subscribers. removing channel 51 and adding This rule also sets forth a list of DATES: Effective February 23, 2015. channel 25 at Lansing. migratory bird season openings and FOR FURTHER INFORMATION CONTACT: [FR Doc. 2015–03742 Filed 2–20–15; 8:45 am] closures in Alaska by region. Jeremy Miller, [email protected], BILLING CODE 6712–01–P How do I find the history of these Media Bureau, (202) 418–1507. regulations? SUPPLEMENTARY INFORMATION: This is a Background information, including synopsis of the Commission’s Report DEPARTMENT OF THE INTERIOR past events leading to this rulemaking, and Order, MB Docket No. 15–2, accomplishments since the Migratory Fish and Wildlife Service adopted February 13, 2015, and released Bird Treaties with Canada and Mexico February 13, 2015. The full text of this were amended, and a history, were 50 CFR Part 92 document is available for public originally addressed in the Federal inspection and copying during normal [Docket No. FWS–R7–MB–2014–0036; Register on August 16, 2002 (67 FR business hours in the FCC’s Reference FF09M21200–145–FXMB1231099BPP0] 53511) and most recently on April 8, Information Center at Portals II, CY– 2014 (79 FR 19454). A257, 445 12th Street SW., Washington, RIN 1018–BA48 Recent Federal Register documents DC 20554. This document will also be Migratory Bird Subsistence Harvest in and all final rules setting forth the available via ECFS (http:// Alaska; Harvest Regulations for annual harvest regulations are available fjallfoss.fcc.gov/ecfs/). To request Migratory Birds in Alaska During the at http://www.fws.gov/alaska/ambcc/ materials in accessible formats for 2015 Season regulations.htm or by contacting the people with disabilities (braille, large person listed under FOR FURTHER print, electronic files, audio format), AGENCY: Fish and Wildlife Service, INFORMATION CONTACT. send an email to [email protected] or call Interior. What is the process for issuing the Consumer & Governmental Affairs ACTION: Final rule. Bureau at 202–418–0530 (voice), 202– regulations for the subsistence harvest 418–0432 (tty). SUMMARY: The U.S. Fish and Wildlife of migratory birds in Alaska? This document does not contain Service (Service or we) is establishing The U.S. Fish and Wildlife Service information collection requirements migratory bird subsistence harvest (Service or we) is establishing migratory subject to the Paperwork Reduction Act regulations in Alaska for the 2015 bird subsistence harvest regulations in of 1995, Public Law 104–13. In addition, season. These regulations allow for the Alaska for the 2015 season. These therefore, it does not contain any continuation of customary and regulations allow for the continuation of information collection burden ‘‘for traditional subsistence uses of migratory customary and traditional subsistence small business concerns with fewer than birds in Alaska and prescribe regional uses of migratory birds in Alaska and 25 employees,’’ pursuant to the Small information on when and where the prescribe regional information on when Business Paperwork Relief Act of 2002, harvesting of birds may occur. These and where the harvesting of birds may

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occur. These regulations were for glaucous-winged gull egg gathering provided that regulations continue to developed under a co-management only, based on petitions requesting protect threatened species, measures to process involving the Service, the inclusion. These southeastern address documented threats are Alaska Department of Fish and Game, communities were Craig, Hydaburg, and implemented, and the subsistence and Alaska Native representatives. Yakutat, with a combined population of community and other conservation We opened the process to establish 2,459, based on the latest census partners commit to working together. regulations for the 2015 spring and information at that time. With these dual objectives in mind, the summer subsistence harvest of In 2007, we enacted the Alaska Service, working with North Slope migratory birds in Alaska in a proposed Department of Fish and Game’s request partners, developed measures in 2009, rule published in the Federal Register to expand the Fairbanks North Star to further reduce the potential for on April 30, 2014 (79 FR 24512), to Borough excluded area to include the shooting mortality or injury of closed amend 50 CFR part 20. While that Central Interior area. This action species. These conservation measures proposed rule primarily addressed the excluded the following communities included: (1) Increased waterfowl regulatory process for hunting migratory from participation in this harvest: Big hunter outreach and community birds for all purposes throughout the Delta/Fort Greely, Healy, McKinley awareness through partnering with the United States, we also discussed the Park/Village, and Ferry, with a North Slope Migratory Bird Task Force; background and history of Alaska combined population of 2,812. and (2) continued enforcement of the subsistence regulations, explained the In 2012, we received a request from migratory bird regulations that are annual process for their establishment, the Native Village of Eyak to include protective of listed eiders. and requested proposals for the 2015 Cordova, Alaska, for a limited season This final rule continues to focus on season. The rulemaking processes for that would legalize the traditional the North Slope from Barrow to Point both types of migratory bird harvest are gathering of gull eggs and the hunting of Hope because Steller’s eiders from the related, and the April 30, 2014, waterfowl during spring. This request listed Alaska breeding population are proposed rule explained the connection resulted in a new, limited harvest of known to breed and migrate there. between the two. spring waterfowl and gull eggs starting These regulations are designed to The Alaska Migratory Bird Co- in 2014. address several ongoing eider management Council (Co-management management needs by clarifying for Council) held meetings on April 10–11, What is different in the region-specific subsistence users that (1) Service law 2014, to develop recommendations for regulations for 2015? enforcement personnel have authority to changes that would take effect during There are no changes from the 2014 verify species of birds possessed by the 2015 harvest season. No changes regulations. hunters, and (2) it is illegal to possess were recommended, and this was any species of bird closed to harvest. How will the service ensure that the presented first to the Pacific Flyway This rule also describes how the subsistence harvest will not raise Council and then to the Service Service’s existing authority of Regulations Committee (SRC) for overall migratory bird harvest or emergency closure will be implemented, approval at the committee’s meeting on threaten the conservation of if necessary, to protect Steller’s eiders. July 30, 2014. endangered and threatened species? We are always willing to discuss We have monitored subsistence Who is eligible to hunt under these regulations with our partners on the harvest for the past 25 years through the regulations? North Slope to ensure protection of use of household surveys in the most closed species as well as provide Eligibility to harvest under the heavily used subsistence harvest areas, subsistence hunters an opportunity to regulations established in 2003 was such as the Yukon-Kuskokwim Delta. In harvest migratory birds in a way that limited to permanent residents, recent years, more intensive surveys maintains the culture and traditional regardless of race, in villages located combined with outreach efforts focused harvest of the community. The within the Alaska Peninsula, Kodiak on species identification have been regulations pertaining to bag checks and Archipelago, the Aleutian Islands, and added to improve the accuracy of possession of illegal birds are deemed in areas north and west of the Alaska information gathered from regions still necessary to monitor the number of Range (50 CFR 92.5). These geographical reporting some subsistence harvest of closed eider species taken during the restrictions opened the initial migratory listed or candidate species. subsistence hunt. bird subsistence harvest to about 13 The Service is aware of and percent of Alaska residents. High- Spectacled and Steller’s Eiders appreciates the considerable efforts by populated, roaded areas such as Spectacled eiders (Somateria fischeri) North Slope partners to raise awareness Anchorage, the Matanuska-Susitna and and the Alaska-breeding population of and educate hunters on Steller’s eider Fairbanks North Star boroughs, the Steller’s eiders (Polysticta stelleri) are conservation via the bird fair, meetings, Kenai Peninsula roaded area, the Gulf of listed as threatened species. Their radio shows, signs, school visits, and Alaska roaded area, and Southeast migration and breeding distribution one-on-one contacts. We also recognize Alaska were excluded from eligible overlap with areas where the spring and that no listed eiders have been subsistence harvest areas. summer subsistence migratory bird hunt documented shot from 2009 through Based on petitions requesting is open in Alaska. Both species are 2012, however, one Steller’s eider and inclusion in the harvest in 2004, we closed to hunting, although harvest one spectacled eider were found shot added 13 additional communities based surveys and Service documentation during the summer of 2013; and one on criteria set forth in 50 CFR 92.5(c). indicate both species have been taken in was found shot in 2014. The Service These communities were Gulkana, several regions of Alaska. acknowledges progress made with the Gakona, Tazlina, Copper Center, The Service has dual objectives and other eider conservation measures Mentasta Lake, Chitina, Chistochina, responsibilities for authorizing a including partnering with the North Tatitlek, Chenega, Port Graham, subsistence harvest while protecting Slope Migratory Bird Task Force for Nanwalek, Tyonek, and Hoonah, with a migratory birds and threatened species. increased waterfowl hunter awareness, combined population of 2,766. In 2005, Although these objectives continue to be continued enforcement of the we added three additional communities challenging, they are not irreconcilable, regulations, and in-season verification

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of the harvest. To reduce the threat of loon is not a significant subsistence jeopardize the continued existence of shooting mortality of threatened eiders, resource; and, that the limited harvest any endangered species or threatened we continue to work with North Slope does not have a negative impact on the species or result in the destruction or partners to conduct education and population. Also, additional years of adverse modification of [critical] outreach. In addition, the emergency survey data on the Arctic Coastal Plain habitat. * * *’’ We conducted an intra- closure authority provides another level in Alaska of survey data on the Arctic agency consultation with the Service’s of assurance if an unexpected number of Coastal Plain in Alaska further support Fairbanks Fish and Wildlife Field Office Steller’s eiders are killed by shooting that the breeding population, which we on this harvest as it will be managed in (50 CFR 92.21 and 50 CFR 92.32). believe to be representative of the other accordance with this final rule and the In-season harvest monitoring breeding populations, is stable or conservation measures. The information will be used to evaluate the slightly increasing in abundance. consultation was completed with a efficacy of regulations, conservation Though the Service is not listing the biological opinion dated December 5, measures, and outreach efforts. yellow-billed loon, it remains a 2014, that concluded the final rule and Conservation measures are being conservation priority for the Service. conservation measures are not likely to continued by the Service, with the The Service, working with Tribal, State, jeopardize the continued existence of amount of effort and emphasis being and Federal partners, will continue to Steller’s and spectacled eiders or result based on regulatory adherence. monitor and implement conservation in the destruction or adverse The longstanding general emergency measures for the yellow-billed loon in modification of designated critical closure provision at 50 CFR 92.21 northern and western Alaska. habitat. specifies that the harvest may be closed The Yellow-billed Loon Species or temporarily suspended upon finding Status Assessment Report is available Summary of Public Involvement that a continuation of the regulation on the Internet at on http:// On September 5, 2014, we published allowing the harvest would pose an www.fws.gov/alaska/fisheries/ in the Federal Register a proposed rule imminent threat to the conservation of endangered/species/yellow-billed_ (79 FR 53120) to establish spring and any migratory bird population. With loon.htm. summer migratory bird subsistence regard to Steller’s eiders, the regulation Yellow-billed loons are currently harvest regulations in Alaska for the at 50 CFR 92.32, carried over from the closed to hunting, but surveys have 2015 subsistence season. The proposed past 5 years, clarifies that we will take indicated that on the North Slope and rule provided for a public comment action under 50 CFR 92.21 as is St. Lawrence Island some take does period of 60 days, ending November 4, necessary to prevent further take of occur. Of the yellow-billed loons taken 2014. We posted an announcement of Steller’s eiders, and that action could on the North Slope, many were found to the comment period dates for the include temporary or long-term closures be entangled loons salvaged from proposed rule, as well as the rule itself of the harvest in all or a portion of the subsistence fishing nets as described and related historical documents, on the geographic area open to harvest. When below. The Service is planning to Co-management Council’s Internet and if mortality of threatened eiders is continue outreach efforts on St. homepage. We issued a press release documented, we will evaluate each Lawrence Island, encouraging partners announcing our request for public mortality event by criteria such as in an effort to reduce the take of yellow- comments and the pertinent deadlines cause, quantity, sex, age, location, and billed loons. for such comments, which was faxed to date. We will consult with the Co- Consistent with the request of the the media statewide in Alaska. management Council when we are North Slope Borough Fish and Game Additionally, all documents were considering an emergency closure. If we Management Committee and the available on http://www.regulations.gov. determine that an emergency closure is recommendation of the Co-management The Service received three responses, necessary, we will design it to minimize Council, this rule continues the two from the public and one from a its impact on the subsistence harvest. provisions originally established in government agency. 2005, to allow subsistence use of Yellow-billed loon yellow-billed loons inadvertently Response to Public Comments In the proposed rule, we discussed entangled in subsistence fishing (gill) Comment: We received one comment Yellow-billed loons (Gavia adamsii) as nets on the North Slope. Yellow-billed on the overall regulations that expressed a candidate species for listing under the loons are culturally important to the strong opposition to the concept of Endangered Species Act of 1973, as Inupiat Eskimo of the North Slope for allowing any harvest of migratory birds amended (16 U.S.C. 1531 et seq.). Since use in traditional dance regalia. A in Alaska. then, the Service published a ‘‘not- maximum of 20 yellow-billed loons will Service Response: For centuries, warranted’’ 12-Month Finding in the be allowed to be kept if found entangled indigenous inhabitants of Alaska have Federal Register on October 3, 2014 (79 in fishing nets in 2015, under this harvested migratory birds for FR 59195), determining that listing provision. This provision does not subsistence purposes during the spring yellow-billed loons as a threatened or authorize intentional harvest of yellow- and summer months. The Canada and endangered species is not warranted at billed loons, but allows use of those Mexico migratory bird treaties were this time. There are several reasons the loons inadvertently entangled during amended for the express purpose of Service determined that listing the normal subsistence fishing activities. allowing subsistence hunting for yellow-billed loon was not warranted in migratory birds during the spring and contrast to our earlier determination. Endangered Species Act Consideration summer. The amendments indicate that The Service and its partners expanded Section 7 of the Endangered Species the Service should issue regulations efforts to better understand yellow- Act (16 U.S.C. 1536) requires the allowing such hunting as provided in billed loon harvest, abundance, and Secretary of the Interior to ‘‘review other the Migratory Bird Treaty Act; see 16 distribution in the Bering Strait-Norton programs administered by him and U.S.C. 712(1). Please refer to Statutory Sound region with the goal of evaluating utilize such programs in furtherance of Authority section, below, for more the reliability of reported subsistence the purposes of the Act’’ and to ‘‘insure details. harvest. The Service now has reliable that any action authorized, funded, or Comment: We received two comments information suggesting the yellow-billed carried out * * * is not likely to expressing support of the continued

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implementation of the proposed regulatory flexibility analysis is not required. Participation on regional regulations at the 2014 levels, citing the required. Accordingly, a Small Entity management bodies and the Co- importance of subsistence to provide Compliance Guide is not required. This management Council requires travel fresh, local foods in the rural areas. final rule would legalize a pre-existing expenses for some Alaska Native Service Response: The Service subsistence activity, and the resources organizations and local governments. In appreciates the support for this co- harvested will be consumed. addition, they assume some expenses management process which allows for Small Business Regulatory Enforcement related to coordinating involvement of the continuation of customary and Fairness Act village councils in the regulatory traditional subsistence uses of migratory process. Total coordination and travel birds in Alaska. This rule is not a major rule under 5 expenses for all Alaska Native U.S.C. 804(2), the Small Business Statutory Authority organizations are estimated to be less Regulatory Enforcement Fairness Act. than $300,000 per year. In a notice of We derive our authority to issue these This rule: decision (65 FR 16405; March 28, 2000), (a) Would not have an annual effect regulations from the Migratory Bird we identified 7 to 12 partner on the economy of $100 million or Treaty Act of 1918, at 16 U.S.C. 712(1), organizations (Alaska Native nonprofits more. It would legalize and regulate a which authorizes the Secretary of the and local governments) to administer Interior, in accordance with the treaties traditional subsistence activity. It would not result in a substantial increase in the regional programs. The Alaska with Canada, Mexico, Japan, and Russia, Department of Fish and Game also to ‘‘issue such regulations as may be subsistence harvest or a significant change in harvesting patterns. The incurs expenses for travel to Co- necessary to assure that the taking of management Council and regional migratory birds and the collection of commodities that would be regulated under this final rule are migratory birds. management body meetings. In their eggs, by the indigenous inhabitants addition, the State of Alaska will be of the State of Alaska, shall be permitted This rule deals with legalizing the subsistence harvest of migratory birds required to provide technical staff for their own nutritional and other support to each of the regional essential needs, as determined by the and, as such, does not involve commodities traded in the marketplace. management bodies and to the Co- Secretary of the Interior, during seasons management Council. Expenses for the established so as to provide for the A small economic benefit from this final rule would derive from the sale of State’s involvement may exceed preservation and maintenance of stocks $100,000 per year, but should not of migratory birds.’’ equipment and ammunition to carry out subsistence hunting. Most, if not all, exceed $150,000 per year. When Required Determinations businesses that sell hunting equipment funding permits, we make annual grant in rural Alaska qualify as small agreements available to the partner Regulatory Planning and Review organizations and the Alaska (Executive Orders 12866 and 13563) businesses. We have no reason to believe that this final rule would lead to Department of Fish and Game to help Executive Order 12866 provides that a disproportionate distribution of offset their expenses. the Office of Information and Regulatory benefits. Takings (Executive Order 12630) Affairs (OIRA) will review all significant (b) Would not cause a major increase rules. The OIRA has determined that in costs or prices for consumers; Under the criteria in Executive Order this rule is not significant. individual industries; Federal, State, or 12630, this final rule would not have Executive Order 13563 reaffirms the local government agencies; or significant takings implications. This principles of E.O. 12866 while calling geographic regions. This final rule does final rule is not specific to particular for improvements in the nation’s not deal with traded commodities and, land ownership, but applies to the regulatory system to promote therefore, does not have an impact on harvesting of migratory bird resources predictability, to reduce uncertainty, prices for consumers. throughout Alaska. A takings and to use the best, most innovative, (c) Would not have significant adverse implication assessment is not required. and least burdensome tools for effects on competition, employment, achieving regulatory ends. The investment, productivity, innovation, or Federalism (Executive Order 13132) executive order directs agencies to the ability of U.S.-based enterprises to Under the criteria in Executive Order consider regulatory approaches that compete with foreign-based enterprises. 13132, this final rule does not have reduce burdens and maintain flexibility This final rule deals with the harvesting sufficient federalism implications to and freedom of choice for the public of wildlife for personal consumption. It warrant the preparation of a federalism where these approaches are relevant, does not regulate the marketplace in any summary impact statement. We discuss feasible, and consistent with regulatory way to generate substantial effects on effects of this final rule on the State of objectives. E.O. 13563 emphasizes the economy or the ability of businesses Alaska in the Unfunded Mandates further that regulations must be based to compete. on the best available science and that Reform Act section above. We worked the rulemaking process must allow for Unfunded Mandates Reform Act with the State of Alaska to develop public participation and an open We have determined and certified these final regulations. Therefore, a exchange of ideas. We have developed under the Unfunded Mandates Reform federalism summary impact statement is this rule in a manner consistent with Act (2 U.S.C. 1501 et seq.) that this final not required. these requirements. rule would not impose a cost of $100 Civil Justice Reform (Executive Order million or more in any given year on 12988) Regulatory Flexibility Act local, State, or tribal governments or The Department of the Interior private entities. The final rule does not The Department, in promulgating this certifies that, if adopted, this rule will have a significant or unique effect on final rule, has determined that it will not have a significant economic impact State, local, or tribal governments or the not unduly burden the judicial system on a substantial number of small entities private sector. A statement containing and that it meets the requirements of as defined under the Regulatory the information required by the sections 3(a) and 3(b)(2) of Executive Flexibility Act (5 U.S.C. 601 et seq.). A Unfunded Mandates Reform Act is not Order 12988.

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Government-to-Government Relations June 30, 2016. We may not conduct or (i) Season: April 2–June 15 and July with Native American Tribal sponsor a survey unless it displays a 16–August 31. Governments currently valid OMB control number. (ii) Closure: June 16–July 15. (iii) Special Black Brant Season Consistent with Executive Order National Environmental Policy Act Closure: August 16–August 31, only in 13175 (65 FR 67249; November 6, 2000), Consideration (42 U.S.C. 4321 et seq.) Izembek and Moffet lagoons. ‘‘Consultation and Coordination with (iv) Special Tundra Swan Closure: All Indian Tribal Governments,’’ and The annual regulations and options hunting and egg gathering closed in Department of Interior policy on are considered in a September 2014 Game Management Units 9(D) and 10. Consultation with Indian Tribes environmental assessment, ‘‘Managing Migratory Bird Subsistence Hunting in (3) Western Unit (Umnak Island west (December 1, 2011), we will send letters to and including Attu Island): to all 229 Alaska Federally recognized Alaska: Hunting Regulations for the 2015 Spring/Summer Harvest.’’ Copies (i) Season: April 2–July 15 and August Indian tribes. Consistent with 16–August 31. Congressional direction (Pub. L. 108– are available from the person listed under FOR FURTHER INFORMATION (ii) Closure: July 16–August 15. 199, div. H, Sec. 161, Jan. 23, 2004, 118 (b) Yukon/Kuskokwim Delta Region. Stat. 452; as amended by Public Law CONTACT or at http:// www.regulations.gov. (1) Season: April 2–August 31. 108–447, div. H, title V, Sec. 518, Dec. (2) Closure: 30-day closure dates to be 8, 2004, 118 Stat. 3267), we will be Energy Supply, Distribution, or Use announced by the Service’s Alaska sending letters to approximately 200 (Executive Order 13211) Regional Director or his designee, after Alaska Native corporations and other Executive Order 13211 requires consultation with field biologists and tribal entities in Alaska soliciting their agencies to prepare Statements of the Association of Village Council input as to whether or not they would Energy Effects when undertaking certain President’s Waterfowl Conservation like the Service to consult with them on actions. This is not a significant Committee. This 30-day period will the 2015 migratory bird subsistence regulatory action under this Executive occur between June 1 and August 15 of harvest regulations. Order; it would allow only for each year. A press release announcing We implemented the amended treaty traditional subsistence harvest and the actual closure dates will be with Canada with a focus on local improve conservation of migratory birds forwarded to regional newspapers and involvement. The treaty calls for the by allowing effective regulation of this radio and television stations. creation of management bodies to harvest. Further, this final rule is not (3) Special Black Brant and Cackling ensure an effective and meaningful role expected to significantly affect energy Goose Season Hunting Closure: From for Alaska’s indigenous inhabitants in supplies, distribution, or use. Therefore, the period when egg laying begins until the conservation of migratory birds. this action is not a significant energy young birds are fledged. Closure dates to According to the Letter of Submittal, action under Executive Order 13211, be announced by the Service’s Alaska management bodies are to include and a Statement of Energy Effects is not Regional Director or his designee, after Alaska Native, Federal, and State of required. consultation with field biologists and Alaska representatives as equals. They the Association of Village Council develop recommendations for, among List of Subjects in 50 CFR Part 92 President’s Waterfowl Conservation other things: Seasons and bag limits, Hunting, Treaties, Wildlife. Committee. A press release announcing methods and means of take, law the actual closure dates will be enforcement policies, population and Final Regulation Promulgation forwarded to regional newspapers and harvest monitoring, education programs, For the reasons set out in the radio and television stations. research and use of traditional preamble, we amend title 50, chapter I, (c) Bristol Bay Region. (1) Season: knowledge, and habitat protection. The subchapter G, of the Code of Federal April 2–June 14 and July 16–August 31 management bodies involve village Regulations as follows: (general season); April 2–July 15 for councils to the maximum extent seabird egg gathering only. possible in all aspects of management. PART 92—MIGRATORY BIRD (2) Closure: June 15–July 15 (general To ensure maximum input at the village SUBSISTENCE HARVEST IN ALASKA season); July 16–August 31 (seabird egg level, we required each of the 11 gathering). participating regions to create regional ■ 1. The authority citation for part 92 (d) Bering Strait/Norton Sound management bodies consisting of at continues to read as follows: Region. (1) Stebbins/St. Michael Area least one representative from the Authority: 16 U.S.C. 703–712. (Point Romanof to Canal Point): participating villages. The regional (i) Season: April 15–June 14 and July management bodies meet twice Subpart D—Annual Regulations 16–August 31. annually to review and/or submit Governing Subsistence Harvest (ii) Closure: June 15–July 15. proposals to the Statewide body. (2) Remainder of the region: ■ 2. Amend subpart D by adding § 92.31 (i) Season: April 2–June 14 and July Paperwork Reduction Act to read as follows: 16–August 31 for waterfowl; April 2– This final rule has been examined July 19 and August 21–August 31 for all under the Paperwork Reduction Act of § 92.31 Region-specific regulations. other birds. 1995 (44 U.S.C. 3501 et seq.) and does The 2015 season dates for the eligible (ii) Closure: June 15–July 15 for not contain any new collections of subsistence harvest areas are as follows: waterfowl; July 20–August 20 for all information that require Office of (a) Aleutian/Pribilof Islands Region. other birds. Management and Budget (OMB) (1) Northern Unit (Pribilof Islands): (e) Kodiak Archipelago Region, except approval. OMB has renewed our (i) Season: April 2–June 30. for the Kodiak Island roaded area, collection of information associated (ii) Closure: July 1–August 31. which is closed to the harvesting of with the voluntary annual household (2) Central Unit (Aleutian Region’s migratory birds and their eggs. The surveys used to determine levels of eastern boundary on the Alaska closed area consists of all lands and subsistence take. The OMB control Peninsula westward to and including waters (including exposed tidelands) number is 1018–0124, which expires Unalaska Island): east of a line extending from Crag Point

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in the north to the west end of Saltery (3) Eastern Unit (East of eastern bank goose; gadwall; Eurasian and American Cove in the south and all lands and of the Sagavanirktok River): wigeon; blue-winged and green-winged water south of a line extending from (i) Season: April 2–June 19 and July teal; mallard; northern shoveler; Termination Point along the north side 20–August 31. northern pintail; canvasback; redhead; of Cascade Lake extending to Anton (ii) Closure: June 20–July 19. ring-necked duck; greater and lesser Larsen Bay. Marine waters adjacent to (4) All Units: Yellow-billed loons. scaup; king and common eider; the closed area are closed to harvest Annually, up to 20 yellow-billed loons harlequin duck; surf, white-winged, and within 500 feet from the water’s edge. total for the region inadvertently black scoter; long-tailed duck; The offshore islands are open to harvest. entangled in subsistence fishing nets in bufflehead; common and Barrow’s (1) Season: April 2–June 30 and July the North Slope Region may be kept for goldeneye; hooded, common, and red- 31–August 31 for seabirds; April 2–June subsistence use. breasted merganser; and sandhill crane. 20 and July 22–August 31 for all other (5) North Coastal Zone (Cape Species open for egg gathering: birds. Thompson north to Point Hope and east Glaucous-winged, herring, and mew (2) Closure: July 1–July 30 for along the Arctic Ocean coastline around gulls. seabirds; June 21–July 21 for all other Point Barrow to Ross Point, including (iv) Use of Boats/All-Terrain Vehicles: birds. Iko Bay, and 5 miles inland). No hunting from motorized vehicles or (f) Northwest Arctic Region. (1) (i) No person may at any time, by any any form of watercraft. Season: April 2–June 9 and August 15– means, or in any manner, possess or (v) Special Registration: All hunters or August 31 (hunting in general); have in custody any migratory bird or egg gatherers must possess an annual waterfowl egg gathering May 20–June 9 part thereof, taken in violation of permit, which is available from the only; seabird egg gathering May 20–July subpart C and D of this part. Cordova offices of the Native Village of 12 only; hunting molting/non-nesting (ii) Upon request from a Service law Eyak and the U. S. Forest Service. waterfowl July 1–July 31 only. enforcement officer, hunters taking, (3) Kachemak Bay Area (Harvest area: (2) Closure: June 10–August 14, attempting to take, or transporting Game Management Unit 15[C] South of except for the taking of seabird eggs and migratory birds taken during the a line connecting the tip of Homer Spit molting/non-nesting waterfowl as subsistence harvest season must present to the mouth of Fox River) (Eligible provided in paragraph (f)(1) of this them to the officer for species Chugach Communities: Port Graham, section. identification. Nanwalek): (g) North Slope Region. (1) Southern (h) Interior Region. (1) Season: April (i) Season: April 2–May 31 and July Unit (Southwestern North Slope 2–June 14 and July 16–August 31; egg 1–August 31. regional boundary east to Peard Bay, gathering May 1–June 14 only. (ii) Closure: June 1–30. everything west of the longitude line (2) Closure: June 15–July 15. (k) Cook Inlet (Harvest area: Portions 158°30′ W and south of the latitude line (i) Upper Copper River Region of Game Management Unit 16[B] as 70°45′ N to the west bank of the (Harvest Area: Game Management Units specified below) (Eligible communities: Ikpikpuk River, and everything south of 11 and 13) (Eligible communities: Tyonek only): the latitude line 69°45′ N between the Gulkana, Chitina, Tazlina, Copper (1) Season: April 2–May 31—That west bank of the Ikpikpuk River to the Center, Gakona, Mentasta Lake, portion of Game Management Unit 16(B) east bank of Sagavinirktok River): Chistochina and Cantwell). (i) Season: April 2–June 29 and July (1) Season: April 15–May 26 and June south of the Skwentna River and west 30–August 31 for seabirds; April 2–June 27–August 31. of the Yentna River, and August 1–31— 19 and July 20–August 31 for all other (2) Closure: May 27–June 26. That portion of Game Management Unit birds. (3) The Copper River Basin 16(B) south of the Beluga River, Beluga (ii) Closure: June 30–July 29 for communities listed above also Lake, and the Triumvirate Glacier. seabirds; June 20–July 19 for all other documented traditional use harvesting (2) Closure: June 1–July 31. birds. birds in Game Management Unit 12, (l) Southeast Alaska. (1) Community (iii) Special Black Brant Hunting making them eligible to hunt in this unit of Hoonah (Harvest area: National Forest Opening: From June 20–July 5. The using the seasons specified in paragraph lands in Icy Strait and Cross Sound, open area consists of the coastline, from (h) of this section. including Middle Pass Rock near the mean high water line outward to (j) Gulf of Alaska Region. (1) Prince Inian Islands, Table Rock in Cross include open water, from Nokotlek William Sound Area West (Harvest area: Sound, and other traditional locations Point east to longitude line 158°30′ W. Game Management Unit 6[D]), (Eligible on the coast of Yakobi Island. The land This includes Peard Bay, Kugrua Bay, Chugach communities: Chenega Bay, and waters of Glacier Bay National Park and Wainwright Inlet, but not the Kuk Tatitlek): remain closed to all subsistence and Kugrua river drainages. (i) Season: April 2–May 31 and July harvesting (50 CFR part 100.3(a)): (2) Northern Unit (At Peard Bay, 1–August 31. (i) Season: Glaucous-winged gull egg everything east of the longitude line (ii) Closure: June 1–30. gathering only: May 15–June 30. 158°30′ W and north of the latitude line (2) Prince William Sound Area East (ii) Closure: July 1–August 31. 70°45′ N to west bank of the Ikpikpuk (Harvest area: Game Management Units (2) Communities of Craig and River, and everything north of the 6[B] and [C]–Barrier Islands between Hydaburg (Harvest area: Small islands latitude line 69°45′ N between the west Strawberry Channel and Softtuk Bar), and adjacent shoreline of western Prince bank of the Ikpikpuk River to the east (Eligible Chugach communities: of Wales Island from Point Baker to bank of Sagavinirktok River): Cordova): Cape Chacon, but also including (i) Season: April 2–June 6 and July 7– (i) Season: April 2–April 30 (hunting); Coronation and Warren islands): August 31 for king and common eiders; May 1–May 31 (gull egg gathering). (i) Season: Glaucous-winged gull egg April 2–June 15 and July 16–August 31 (ii) Closure: May 1–August 31 gathering only: May 15–June 30. for all other birds. (hunting); April 2–30 and June 1– (ii) Closure: July 1–August 31. (ii) Closure: June 7–July 6 for king and August 31 (gull egg gathering). (3) Community of Yakutat (Harvest common eiders; June 16–July 15 for all (iii) Species Open for Hunting: area: Icy Bay (Icy Cape to Point Riou), other birds. Greater white-fronted goose; snow and coastal lands and islands bordering

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the Gulf of Alaska from Point Manby Atmospheric Administration (NOAA), Consequently, NMFS is prohibiting southeast to and including Dry Bay): Commerce. directed fishing for Pacific cod in the (i) Season: Glaucous-winged gull egg ACTION: Temporary rule; closure. Western Aleutian Islands district of the gathering: May 15–June 30. BSAI. (ii) Closure: July 1–August 31. SUMMARY: NMFS is prohibiting directed After the effective date of this closure ■ 4. Amend subpart D by adding § 92.32 fishing for Pacific cod, including for the the maximum retainable amounts at to read as follows: Community Development Quota program (CDQ), in the Western Aleutian § 679.20(e) and (f) apply at any time § 92.32 Emergency regulations to protect Islands district (Area 543) of the Bering during a trip. Steller’s eiders. Sea and Aleutian Islands management Classification Upon finding that continuation of area (BSAI). This action is necessary to these subsistence regulations would prevent exceeding the Area 543 Pacific This action responds to the best pose an imminent threat to the cod harvest limit of the 2015 total available information recently obtained conservation of threatened Steller’s allowable catch (TAC) in the Aleutian from the fishery. The Assistant eiders (Polysticta stelleri), the U.S. Fish Islands subarea of the BSAI. Administrator for Fisheries, NOAA and Wildlife Service Alaska Regional DATES: Effective 1200 hrs, Alaska local Director, in consultation with the Co- (AA), finds good cause to waive the time (A.l.t.), February 18, 2015, through requirement to provide prior notice and management Council, will immediately 2400 hrs, A.l.t., December 31, 2015. under § 92.21 take action as is necessary opportunity for public comment FOR FURTHER INFORMATION CONTACT: pursuant to the authority set forth at 5 to prevent further take. Regulation Mary Furuness, 907–586–7228. changes implemented could range from U.S.C. 553(b)(B) as such requirement is SUPPLEMENTARY INFORMATION: a temporary closure of duck hunting in NMFS impracticable and contrary to the public a small geographic area to large-scale manages the groundfish fishery in the interest. This requirement is regional or Statewide long-term closures BSAI according to the Fishery impracticable and contrary to the public of all subsistence migratory bird Management Plan for Groundfish of the interest as it would prevent NMFS from hunting. These closures or temporary Bering Sea and Aleutian Islands responding to the most recent fisheries Management Area (FMP) prepared by suspensions will remain in effect until data in a timely fashion and would the North Pacific Fishery Management the Regional Director, in consultation delay the directed fishing closure of Council under authority of the with the Co-management Council, Pacific cod in the Western Aleutian determines that the potential for Magnuson-Stevens Fishery Conservation and Management Act. Islands district of the BSAI. NMFS was additional Steller’s eiders to be taken no unable to publish a notice providing longer exists. Regulations governing fishing by U.S. vessels in accordance with the FMP time for public comment because the Dated: February 9, 2015. appear at subpart H of 50 CFR part 600 most recent, relevant data only became Michael J. Bean, and 50 CFR part 679. available as of February 16, 2015. Principal Deputy Assistant Secretary for Fish The Area 543 Pacific cod harvest limit The AA also finds good cause to and Wildlife and Parks. of the 2015 TAC in the Aleutian Islands waive the 30-day delay in the effective [FR Doc. 2015–03602 Filed 2–20–15; 8:45 am] subarea of the BSAI is 2,478 metric tons date of this action under 5 U.S.C. BILLING CODE 4310–55–P (mt) as established by the final 2014 and 553(d)(3). This finding is based upon 2015 harvest specifications for the reasons provided above for waiver of groundfish in the BSAI (79 FR 12108, prior notice and opportunity for public DEPARTMENT OF COMMERCE March 4, 2014) and inseason adjustment comment. (80 FR 188, January 5, 2015). In National Oceanic and Atmospheric accordance with § 679.20(d)(1)(i), the This action is required by § 679.20 Administration Administrator, Alaska Region, NMFS, and is exempt from review under has determined that the Area 543 Pacific Executive Order 12866. 50 CFR Part 679 cod harvest limit of the 2015 Pacific cod Authority: 16 U.S.C. 1801 et seq. [Docket No. 131021878–4158–02] TAC in the Aleutian Islands subarea of the BSAI will soon be reached. Dated: February 18, 2015. RIN 0648–XD780 Therefore, the Regional Administrator is Emily H. Menashes, establishing a directed fishing Acting Director, Office of Sustainable Fisheries of the Exclusive Economic Fisheries, National Marine Fisheries Service. Zone Off Alaska; Pacific Cod in the allowance of 2,178 mt, and is setting Western Aleutian Islands District of the aside the remaining 300 mt as incidental [FR Doc. 2015–03554 Filed 2–18–15; 4:15 pm] Bering Sea and Aleutian Islands catch in directed fishing for other BILLING CODE 3510–22–P Management Area species. In accordance with § 679.20(d)(1)(iii), the Regional AGENCY: National Marine Fisheries Administrator finds that this directed Service (NMFS), National Oceanic and fishing allowance has been reached.

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Proposed Rules Federal Register Vol. 80, No. 35

Monday, February 23, 2015

This section of the FEDERAL REGISTER Issued in Washington, DC, on February 12, Technologies Program, Mailstop EE–5B, contains notices to the public of the proposed 2015. 1000 Independence Avenue SW., issuance of rules and regulations. The Kathleen B. Hogan, Washington, DC 20585–0121. If purpose of these notices is to give interested Deputy Assistant Secretary for Energy possible, please submit all items on a persons an opportunity to participate in the Efficiency, Energy Efficiency and Renewable compact disc (CD), in which case it is rule making prior to the adoption of the final Energy. rules. not necessary to include printed copies. [FR Doc. 2015–03594 Filed 2–20–15; 8:45 am] [Please note that comments and CDs BILLING CODE 6450–01–P sent by mail are often delayed and may DEPARTMENT OF ENERGY be damaged by mail screening processes.] 10 CFR Part 430 DEPARTMENT OF ENERGY • Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, 10 CFR Part 430 [Docket Number EERE–2014–BT–STD– Building Technologies Program, 950 0036] [Docket No. EERE–2014–BT–STD–0021] L’Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone (202) RIN 1904–AD24 RIN 1904–AD35 586–2945. If possible, please submit all Energy Efficiency Program for items on CD, in which case it is not Energy Conservation Program for Residential Products: Energy necessary to include printed copies. Consumer Products: Energy Conservation Standards for Docket: The docket is available for Conservation Standards for Hearth Residential Dishwashers review at www.regulations.gov, Products; Correction including Federal Register notices, AGENCY: Office of Energy Efficiency and public meeting attendee lists and AGENCY: Office of Energy Efficiency and Renewable Energy, Department of transcripts, comments, and other Renewable Energy, Department of Energy. supporting documents/materials. All Energy. ACTION: Reopening of public comment documents in the docket are listed in ACTION: Notice of proposed rulemaking period. the www.regulations.gov index. and announcement of public meeting; However, not all documents listed in Correction. SUMMARY: The U.S. Department of the index may be publicly available, Energy (DOE) has published a notice of such as information that is exempt from SUMMARY: This document corrects the proposed rulemaking (NOPR) which is public disclosure. The rulemaking Web DATES section to a notice of proposed proposing energy conservation page can be found at: http:// rulemaking and announcement of standards for residential dishwashers. www1.eere.energy.gov/buildings/ public meeting which published in the The comment period for the NOPR appliance_standards/product.aspx/ Federal Register on February 9, 2015, pertaining to the energy conservation productid/67. This Web page contains a regarding Energy Conservation Program standards for residential dishwasher link to the docket for this notice on the for Consumer Products: Energy products ended February 17, 2015. DOE regulation.gov site. The Conservation Standards for Hearth is reopening the comment period for www.regulations.gov Web page contains Products. The day of the week for the comments related to the analysis that instructions on how to access all March 23, 2015 meeting is being estimates the potential economic documents in the docket, including corrected. impacts and energy savings that could public comments. DATES: February 23, 2015. result from an energy conservation FOR FURTHER INFORMATION CONTACT: Mr. FOR FURTHER INFORMATION CONTACT: Mr. standard for residential dishwashers. Bryan Berringer, U.S. Department of John Cymbalsky, U.S. Department of Comments will be accepted until March Energy, Office of Energy Efficiency and Energy, Office of Energy Efficiency and 25, 2015. Renewable Energy, Building Renewable Energy, Building DATES: The reopened comment period Technologies, EE–2J, 1000 Technologies Office, EE–5B, 1000 ends March 25, 2015. Independence Avenue SW., Independence Avenue SW., ADDRESSES: Interested persons may Washington, DC 20585–0121. Washington, DC 20585–0121. submit comments, identified by docket Telephone: (202) 586–0371. Email: Telephone: (202) 287–1692. Email: number EERE–2014–BT–STD–0021 [email protected] [email protected] and/or Regulation Identification Ms. Johanna Hariharan, U.S. Number (RIN) 1904–AD24, by any of the Department of Energy, Office of the Correction following methods: General Counsel, GC–33, 1000 In the Federal Register published on • Federal eRulemaking Portal: http:// Independence Avenue SW., February 9, 2015, in FR Doc. 2015– www.regulations.gov. Follow the Washington, DC 20585–0121. 02179, the following correction should instructions for submitting comments. Telephone: (202) 287–6307. Email: be made: • Email: [email protected]. On page 7082, the first sentence of the ResDishwashers2014STD0021@ For further information on how to DATES section is corrected to read: ee.doe.gov . Include EERE–2014–BT– submit a comment and review other Meeting: DOE will hold a public STD–0021 and/or RIN 1904–AD24 in public comments and the docket, meeting on Monday, March 23, 2015, the subject line of the message. contact Ms. Brenda Edwards at (202) from 9:00 a.m. to 4:00 p.m., in • Mail: Ms. Brenda Edwards, 586–2945 or by email: Washington, DC. U.S.Department of Energy, Building [email protected].

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SUPPLEMENTARY INFORMATION: On manufacturer. This action revises the except Federal holidays. The AD docket December 19, 2014, DOE published in NPRM by revising the applicability, contains this proposed AD, the the Federal Register a notice of including optional actions for cargo regulatory evaluation, any comments proposed rulemaking (NOPR) to update airplanes, and extending the compliance received, and other information. The the energy conservation standards for time. We are proposing this street address for the Docket Office residential dishwashers. 79 FR 76142 . supplemental NPRM (SNPRM) to (phone: 800–647–5527) is in the In the NOPR, DOE invited written prevent ignition sources inside the ADDRESSES section. Comments will be submission of public comments, to be center fuel tank, which, in combination available in the AD docket shortly after received by February 17, 2015. On an with flammable fuel vapors, could result receipt. email dated January 16, 2015, the in fuel tank explosions and consequent FOR FURTHER INFORMATION CONTACT: Jon Association for Home Appliance loss of the airplane. Since these actions Regimbal, Aerospace Engineer, Manufacturers (AHAM) requested an significantly change the corrective Propulsion Branch, ANM–140S, FAA, extension of the public comment period action options for cargo airplanes Seattle Aircraft Certification Office by 60 days. AHAM stated in its request relative to the proposal in the NPRM, (ACO), 1601 Lind Avenue SW., Renton, that AHAM required additional time to and because the cost estimate is WA 98057–3356; phone: 425–917–6506; review the published analysis in order significantly revised, we are reopening fax: 425–917–6590; email: to prepare and submit comments the comment period to allow the public [email protected]. accordingly. DOE has determined that the chance to comment on these SUPPLEMENTARY INFORMATION: extending the comment period to allow proposed changes. additional time for interested parties to DATES: We must receive comments on Comments Invited submit comments is appropriate based this SNPRM by April 24, 2015. We invite you to send any written on the foregoing reason. DOE believes ADDRESSES: You may send comments, relevant data, views, or arguments about an additional 30-days, providing a total using the procedures found in 14 CFR this proposed AD. Send your comments comment period of 90 days, allows 11.43 and 11.45, by any of the following to an address listed under the sufficient time for submitting inputs methods: ADDRESSES section. Include ‘‘Docket No. regarding DOE’s analysis. Accordingly, • Federal eRulemaking Portal: Go to FAA–2012–0187; Directorate Identifier DOE will consider any comments http://www.regulations.gov. Follow the 2011–NM–094–AD’’ at the beginning of received by midnight of March 25, 2015, instructions for submitting comments. your comments. We specifically invite and deems any comments received by • Fax: 202–493–2251. comments on the overall regulatory, that time to be timely submitted. • Mail: U.S. Department of economic, environmental, and energy Issued in Washington, DC, on February 12, Transportation, Docket Operations, M– aspects of this proposed AD. We will 2015. 30, West Building Ground Floor, Room consider all comments received by the Kathleen B. Hogan, W12–140, 1200 New Jersey Avenue SE., closing date and may amend this Deputy Assistant Secretary for Energy Washington, DC 20590. proposed AD because of those Efficiency, Energy Efficiency and Renewable • Hand Delivery: U.S. Department of comments. Energy. Transportation, Docket Operations, M– We will post all comments we [FR Doc. 2015–03599 Filed 2–20–15; 8:45 am] 30, West Building Ground Floor, Room receive, without change, to http:// BILLING CODE 6450–01–P W12–140, 1200 New Jersey Avenue SE., www.regulations.gov, including any Washington, DC 20590, between 9 a.m. personal information you provide. We and 5 p.m., Monday through Friday, will also post a report summarizing each DEPARTMENT OF TRANSPORTATION except Federal holidays. substantive verbal contact we receive For service information identified in about this proposed AD. Federal Aviation Administration this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Discussion 14 CFR Part 39 Management, P. O. Box 3707, MC 2H– We issued an NPRM to amend 14 CFR [Docket No. FAA–2012–0187; Directorate 65, Seattle, WA 98124–2207; telephone part 39 by adding an AD that would Identifier 2011–NM–094–AD] 206–544–5000, extension 1; fax 206– apply to certain The Boeing Company 766–5680; Internet https:// Model 757 airplanes. The NPRM RIN 2120–AA64 www.myboeingfleet.com. You may view published in the Federal Register on this referenced service information at March 1, 2012 (77 FR 12506). The Airworthiness Directives; the Boeing the FAA, Transport Airplane NPRM proposed to require modifying Company Airplanes Directorate, 1601 Lind Avenue SW., the fuel quantity indication system AGENCY: Federal Aviation Renton, WA. For information on the (FQIS) wiring or fuel tank systems to Administration (FAA), DOT. availability of this material at the FAA, prevent development of an ignition ACTION: Supplemental notice of call 425–227–1221. It is also available source inside the center fuel tank. We proposed rulemaking (NPRM); on the Internet at http:// subsequently issued an NPRM (77 FR reopening of comment period. www.regulations.gov by searching for 33129, June 5, 2012) to reopen and and locating Docket No. FAA–2012– extend the comment period for an SUMMARY: We are revising an earlier 0187. additional 2 months. proposed airworthiness directive (AD) for certain The Boeing Company Model Examining the AD Docket Related Service Information Under 1 757 airplanes. The NPRM proposed to You may examine the AD docket on CFR Part 51 require modifying the fuel quantity the Internet at http:// We have reviewed Boeing Service indication system (FQIS) wiring or fuel www.regulations.gov by searching for Bulletin 757–28–0136, dated June 5, tank systems to prevent development of and locating Docket No. FAA–2012– 2014. This service information describes an ignition source inside the center fuel 0187; or in person at the Docket procedures for the built-in test tank. The NPRM was prompted by fuel Management Facility between 9 a.m. equipment test/procedure (BITE check) system reviews conducted by the and 5 p.m., Monday through Friday, specified in paragraph (h)(1) of this

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supplemental NPRM. For information flight safety risk in consideration of pre- rgl.faa.gov/Regulatory_and_Guidance_ on the procedures and compliance existing hidden failure conditions and Library%5CrgFAR.nsf/0/EEFB3F94451 times, refer to this service information. accounts for dispatch with inoperative DC06286256C93004F5E07?Open This service information is reasonably equipment. The TARAM policy Document) and the flammability available; see ADDRESSES for ways to classifies a flight dispatch condition as analysis submitted to support access this service information. ‘‘reasonably anticipated’’ if, in absence certification of Boeing’s flammability of corrective action, ten or more flights reduction means (FRM), which Boeing Comments are expected to occur. refers to as a nitrogen generation system We gave the public the opportunity to Average risk is an arithmetic average (NGS). For those reasonably anticipated comment on the NPRM (77 FR 12506, of the risk of a given event during all flights, the probability of a catastrophic March 1, 2012). The following presents operation of an aircraft fleet, regardless event (or individual flight safety risk) is the comments received on the NPRM of whether the risk actually varies the probability of an additional single and the FAA’s response to each during the operation of the fleet. We use failure in the related aircraft wiring or comment. average risk analysis to assess whether equipment sending a high energy signal Request To Withdraw NPRM (77 FR a risk is acceptable when there is little onto the already compromised in-tank 12506, March 1, 2012): Unjustified by or no variation in risk from flight to circuit(s). The individual flight safety Risk flight. Total fleet risk is the aggregate risk of a catastrophic event on these sum of all risk throughout a fleet during flights is in excess of the FAA’s Boeing and Airbus requested that we the remaining fleet life. Total fleet risk threshold for an unsafe condition withdraw the NPRM (77 FR 12506, analysis is meaningful in assessing total determination contained in the March 1, 2012). Airbus requested that societal risk, but it does not assess the published TARAM Policy Statement we consider risk levels before pursuing variation in risk between flights or the PS–ANM–25–05 (http://rgl.faa.gov/ anticipated ADs for similar models. risk on the worst anticipated flights. Regulatory_and_Guidance_Library/ Boeing’s request was based on a Individual flight risk as used by the rgPolicy.nsf/0/4E5AE870716467 determination that the risk posed by the FAA is an assessment of the specific 4A862579510061F96B?Open FQIS is not high enough to warrant AD safety risk that exists or will exist on the Document&Highlight=ps-anm-25-05). action. Boeing described the detailed worst reasonably anticipated individual As discussed above, this risk of a design features that it considers make flights due to a given issue. catastrophic event on those flights is the failures contributing to the unsafe Individual risk analysis is used by the due to a single additional failure condition unlikely. Boeing added that FAA to determine whether the public’s condition. The risk on those flights due its own numerical probability analysis expectation for a reasonable level of to a single failure violates the FAA’s of the average risk level due to the safety on each transport airplane flight general fail-safe design requirements combination of failures required to is met. An acceptable average risk level philosophy for transport airplanes. In cause a fuel tank explosion is on the and acceptable total fleet risk do not general, we issue ADs in cases where order of one catastrophic event per ensure that all reasonably anticipated reasonably anticipated flights with pre- billion flight hours. Boeing pointed out flights (flights with known inoperative existing failures (either due to latent that this probability level would meet equipment, flights with undetected failure conditions or allowable dispatch the certification standard for systems failures, flights in less-than-ideal but configurations) are vulnerable to a contained in section 25.1309(b) of the approved and expected weather or catastrophic event due to an additional Federal Aviation Regulations (14 CFR operational conditions, etc.) will foreseeable single failure condition. 25.1309(b)). Boeing also pointed out provide the minimum level of safety This is because the FAA considers that, because the Model 757 is out of expected by the public. When the safety operation of flights vulnerable to a production and has a limited remaining risk is concentrated on flights with a potentially catastrophic single failure fleet life, the total risk of a catastrophic given pre-existing dispatch condition or condition to be an excessive safety risk event occurring in the remaining fleet expected operational condition, it is to the passengers on those flights. This life is approximately 0.5 percent. Boeing possible to have an unacceptable SNPRM is consistent with that also noted that if a conductive condition individual flight safety risk on the worst continued operational safety were to exist between the probes or reasonably anticipated flights even philosophy. wiring and structure, it would be when the average risk and total fleet risk In its comment, Boeing stated that the identified by FQIS faults and therefore are acceptable. existing design meets the numerical would not be latent for multiple flights. In the case of this SNPRM, the risk probability requirements of section We disagree with the request to due to the current Model 757 FQIS 25.1309(b) of the Federal Aviation withdraw the NPRM (77 FR 12506, design architecture is not spread equally Regulations (14 CFR 25.1309(b)), which March 1, 2012). Average risk per flight among all of the flights conducted on requires safety analysis of systems. hour and total fleet risk were not the the affected airplanes. Instead, the risk Boeing concluded that the existing safety criteria that drove the FAA to is concentrated almost entirely on the system would need no further risk propose the AD. In addition to small subset of flights that occur with a reduction to meet the requirements of examining average risk and total fleet latent failure condition pre-existing in that rule. We disagree with this risk, the FAA examines the individual the fuel tank. Flights with such a latent conclusion. First, the existence of a flight risk on the worst reasonably failure condition and flammable general safety standard, even if met by anticipated flights. FAA Transport conditions in the center fuel tank have a design, does not in and of itself Airplane Risk Assessment Methodology been judged by the FAA to be preclude a determination that there is a (TARAM) Policy Statement PS–ANM– reasonably anticipated to occur based specific unsafe condition. The 25–05 (http://rgl.faa.gov/ on the numerical probability analysis recognition that compliance with an Regulatory_and_Guidance_Library/ submitted by the manufacturer in existing regulation may not be sufficient rgPolicy.nsf/0/4E5AE870716467 response to Special Federal Aviation to ensure safety is specifically addressed 4A862579510061F96B?Open Regulation No. 88 (‘‘SFAR 88,’’ in type certification by section Document&Highlight=ps-anm-25–05) Amendment 21–78, and subsequent 21.21(b)(2) of the Federal Aviation calls for the FAA to assess individual Amendments 21–82 and 21–83) (http:// Regulations (14 CFR 21.21.(b)(2)) and

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has often led to changes in regulations environmental conditions or other analysis determined that the risk of an to address newly recognized unsafe operational conditions for which the explosion event due to an FQIS latent- conditions. Second, because Boeing airplane is approved. If single failure plus-one failure condition is not evenly mentioned only that rule, we infer that conditions that jeopardize safe shared by all flights of airplanes of the Boeing may be suggesting that section operation of the airplane (catastrophic affected design. Instead, the risk of an 25.1309(b) of the Federal Aviation or hazardous conditions) are identified FQIS-related fuel tank ignition event is Regulations (14 CFR 25.1309(b)) is the as part of this examination, the design largely concentrated on the subset of most relevant safety analysis standard is considered to be non-compliant with flights that occur with a pre-existing applicable to the FQIS. As discussed section 25.901(c) of the Federal Aviation latent failure condition and that operate above, even if later changes to section Regulations (14 CFR 25.901(c)). with flammable conditions in the center 25.981 of the Federal Aviation Finally, the SFAR 88 AD-decision fuel tank. Based on Boeing’s data, such Regulations (14 CFR 25.981) are not policy (Policy Memo ANM–100–2003– flights are reasonably anticipated to considered and only the original 112–15) (http://rgl.faa.gov/Regulatory_ occur. _ _ certification basis for the Model 757 is and Guidance Library/rgPolicy.nsf/0/ For those flights, the risk exceeds the applied, there are safety standards more DC94C3A46396950386256D5E006 allowable threshold for individual flight specific to powerplant installations AED11?OpenDocument&Highlight safety risk in the TARAM policy. In including fuel tanks and FQIS than =anm-100-2003-112-15) classifies a addition, that risk on those flights is due section 25.1309(b) of the Federal ‘‘latent-plus-one’’ condition in a high to a single additional failure, which is Aviation Regulations (14 CFR flammability fuel tank as an unsafe inconsistent with the fail-safe design 25.1309(b)). condition requiring corrective action. philosophy; that philosophy is The original certification basis for That policy actually provides some fundamental to the excellent safety Model 757 airplanes included section relief from the latent-plus-one criteria record of transport airplanes. (See FAA 25.901(c) of the Federal Aviation contained in the airworthiness Advisory Circular (AC) 25.1309–1A, Regulations (14 CFR 25.901(c)) (http:// regulations. ‘‘System Design and Analysis,’’ dated rgl.faa.gov/Regulatory_and_Guidance_ We have not changed this SNPRM June 21, 1998 (http://www.faa.gov/ Library/rgFar.nsf/FARSBySectLookup/ regarding this issue. documentLibrary/media/Advisory_ 25.901) at Amendment 25–40. Request To Withdraw NPRM (77 FR Circular/AC%2025.1309-1.pdf), for a According to that subsection, ‘‘For each 12506, March 1, 2012): Not Supported discussion of the fail-safe design powerplant and auxiliary power unit by Risk Analysis philosophy.) We would normally installation, it must be shown that no classify either of those conditions as an single failure or malfunction or probable Airlines for America (A4A) proposed unsafe condition. Based on this risk combination of failures will jeopardize that we re-evaluate the NPRM (77 FR analysis, we have determined that the the safe operation of the airplane. . . .’’ 12506, March 1, 2012) because it is ‘‘not individual flight safety risk due to this (The FQIS is considered to be part of the founded on a data-based risk analysis.’’ powerplant installation in accordance A4A stated that the FAA determined issue on the worst anticipated flights with the definition in section 25.901(a) that an unsafe condition exists based does not meet the minimum level of of the Federal Aviation Regulations (14 only on non-compliance with one SFAR safety required by the FAA and CFR 25.901(a)).) Section 25.901(c) of the 88 criterion. A4A noted that the design expected by the public. We have not Federal Aviation Regulations (14 CFR approval holder, Boeing, has performed changed this SNPRM regarding this 25.901(c)) sets a more stringent a numerical probability analysis and has issue. applicable standard than that of section calculated that the probability of a fuel Request To Withdraw or Delay NPRM 25.1309(b) of the Federal Aviation tank explosion due to the FQIS issue is (77 FR 12506, March 1, 2012): Need Regulations (14 CFR 25.1309(b)) for approximately one event per billion Detailed Risk Assessment catastrophic failure conditions that are flight hours, with cargo airplanes being due to latent failure conditions slightly better due to a lower average FedEx requested that we revise the combined with a subsequent single tank flammability. A4A also stated that NPRM (77 FR 12506, March 1, 2012) to failure condition (referred to as ‘‘latent- existing ignition-prevention ADs have provide a numerical risk assessment plus-one’’ conditions). reduced the overall risk of an ignition justifying the proposed action. UPS The more stringent intent of section event to a level that questions the need made a similar comment. UPS stated 25.901(c) of the Federal Aviation for FQIS modification. We infer that the that, if the FAA has gathered new data Regulations (14 CFR 25.901(c)) (http:// commenter is requesting that we since the issuance of the ‘‘Reduction of rgl.faa.gov/Regulatory_and_Guidance_ withdraw the NPRM. Fuel Tank Flammability in Transport Library/rgFar.nsf/FARSBySectLookup/ We disagree to withdraw the NPRM Category Airplanes’’ rule (73 FR 42444, 25.901) is discussed in further detail in (77 FR 12506, March 1, 2012). We July 21, 2008) (http://www.gpo.gov/ the notice of proposed rulemaking and performed a qualitative risk assessment fdsys/pkg/FR-2008-07-21/pdf/E8- the preamble that were published for in accordance with our published SFAR 16084.pdf), referred to as the Fuel Tank Amendment 25–102. The FAA’s long- 88 unsafe condition determination Flammability Reduction (FTFR) rule, standing practice in applying the ‘‘no policy based on Boeing’s submitted the FTFR working group should be single failure or malfunction’’ clause of SFAR 88 design review, and determined reconvened in order to collaborate and section 25.901(c) of the Federal Aviation that the FQIS design on the Model 757 discuss the proposed safety risk, assess Regulations (14 CFR 25.901(c)) has been series airplanes presents an unsafe the risk statistically, evaluate solutions to apply that standard to all reasonably condition and that AD action was and options, and establish accurate cost anticipated flights—not simply to an warranted under that policy. We also and economic impact for the options. average flight or an ideal flight. As such, performed a data-based numerical risk FedEx provided an analysis showing we examine all conditions: Flights with analysis using data provided by the that the total risk of a tank explosion reasonably anticipated pre-existing manufacturer, and assessed the risk due to this issue on the fleet of Model failure conditions, flights with under the transport airplane unsafe 757 cargo airplanes is relatively low. We inoperative equipment allowed for condition criteria in the TARAM policy infer that the commenters are requesting dispatch, and flights in adverse currently used by the FAA. Our risk that we withdraw or delay the NPRM.

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We disagree with the request to the unsafe condition identified in the therefore would not have a significant withdraw the NPRM (77 FR 12506, NPRM is inconsistent with the working effect on either the number of flights March 1, 2012), pending review of the group analysis and lacks new data or that occur with a latent failure condition FAA’s numerical risk assessment by the evidence indicating that ‘‘excessive or the FQIS-related fuel tank explosion ‘‘FTFR working group.’’ The Aviation flammability or other known unsafe risk level on those flights estimated in Rulemaking Advisory Committee condition exists, or is likely to the FAA’s risk assessment. We have not (ARAC) Fuel Tank Harmonization develop.’’ Finally, UPS made the changed this SNPRM regarding this Working Group (FTHWG) was tasked to following observation about the NPRM: issue. recommend new rulemaking to The NPRM fails to consider the beneficial Request To Withdraw NPRM (77 FR eliminate or significantly reduce the risk effects of the timing and effects of the 12506, March 1, 2012): No Unsafe of exposure to flammable fuel-air maintenance action in response to a single Condition mixtures in fuel tanks. The ARAC in-tank or out-of-tank failure mode, or the FTHWG issued its final report in 1998. beneficial effects of previous airworthiness Airbus acknowledged that the latent- The subsequent ARAC Fuel Tank directives and other SFAR 88 related actions plus-one scenarios that prompted the Inerting Harmonization Working Group taken to mitigate the proposed risk and unsafe condition determination are a reduce the probability. (FTIHWG) was tasked to provide data technical possibility, but stated that the needed for the FAA to evaluate the We infer that the commenter is failure combinations that can create an feasibility of implementing regulations requesting that we withdraw the NPRM ignition source are extremely that would require eliminating or (77 FR 12506, March 1, 2012). We improbable. Airbus also stated that AD- significantly reducing the development disagree with the request to withdraw required airworthiness limitations of flammable vapors in fuel tanks on the NPRM. The FAA has performed a related to FQIS have significantly transport-category airplanes. This effort risk assessment and has determined that reduced the likelihood of an FQIS- was an extension of the previous work an unsafe condition does exist, both related fuel tank ignition event. We infer performed by the FTHWG. The ARAC from a design architectural standpoint that Airbus is requesting that we FTIHWG issued its final report in 2002. and a numerical risk standpoint. The withdraw the NPRM (77 FR 12506, The FAA’s work in developing the basis for that determination is discussed March 1, 2012) based on Airbus’s SFAR 88 corrective action decision in detail in the responses to ‘‘Request to contention that no unsafe condition policy and in determining specific Withdraw NPRM (77 FR 12506, March exists. unsafe conditions was outside the scope 1, 2012): Unjustified by Risk’’ and We agree to clarify the likelihood that and charter of these working groups that ‘‘Request to Withdraw NPRM (77 FR the unsafe condition could occur. The contributed to the FTFR rule (73 FR 12506, March 1, 2012): Not Supported FAA’s unsafe condition determination 42444, July 21, 2008). We determined by Risk Analysis’’ in this SNPRM. was not based on an assessment of that an unsafe condition exists in The requirements of section average risk. We agree that the average accordance with the SFAR 88 corrective 25.981(a)(3) of the Federal Aviation risk of a fuel tank explosion on the action decision policy and TARAM Regulations (14 CFR 25.981(a)(3)) Model 757 is likely to be lower than the policy. We have provided a summary of cannot be met with an approved numerical guidance for ‘‘extremely our risk assessment as discussed in the maintenance program only. While an improbable’’ of 1.0x10E–9 per flight responses to ‘‘Request to Withdraw appropriate maintenance program is hour. We also agree that the average risk NPRM (77 FR 12506, March 1, 2012): required, section 25.981(a)(3) of the was likely reduced by AD-required Unjustified by Risk’’ and ‘‘Request to Federal Aviation Regulations (14 CFR airworthiness limitations that specify Withdraw NPRM (77 FR 12506, March 25.981(a)(3)) has the effect of setting extra checks after in-tank work, and 1, 2012): Not Supported by Risk minimum requirements for the design adequate separation of newly installed Analysis’’ in this SNPRM. As explained architecture and the reliability of system out-of-tank wiring from FQIS wiring. previously (see ‘‘Request to Withdraw elements. The Model 757 FQIS as As discussed in ‘‘Request to NPRM (77 FR 12506, March 1, 2012): originally designed does not meet all of Withdraw NPRM (77 FR 12506, March Unjustified by Risk’’ in this SNPRM), those requirements. Previous AD 1, 2012): Unjustified by Risk’’ in this the FAA determined the unsafe actions, other than the required SNPRM, however, the FAA’s unsafe condition based on the unacceptable maintenance program revisions condition determination was driven by risk on anticipated flights with a latent included in AD 2012–12–15, the identification of an unacceptable FQIS failure and flammable fuel tank Amendment 39–17095 (77 FR 42964, level of individual risk that exists on conditions, not the total fleet risk. We July 23, 2012) (which superseded AD flights that are anticipated to occur with have not changed this SNPRM regarding 2008–10–11, Amendment 39–15517 (73 a pre-existing latent in-tank failure this issue. FR 25974, May 8, 2008)), have no effect condition and with a flammable center on the level of individual flight risk that fuel tank. In the remaining life of the Request To Withdraw NPRM (77 FR has been determined to be an unsafe affected airplanes, a significant number 12506, March 1, 2012): No Unsafe condition. Some of the airworthiness of such flights are reasonably Condition limitations (AWLs) introduced by AD anticipated to occur—even with the UPS stated that an SFAR 88 working 2012–12–15 will reduce the rate of improvements expected under the group analyzed potential fuel tank introduction of additional risks due to AWLs required by AD 2012–12–15, ignition sources and that maintenance future maintenance errors or Amendment 39–17095 (77 FR 42964, programs were revised using MSG3 modifications compromising required July 23, 2012). For those flights, a fuel methodology to meet the revised criteria design features, but are not expected to tank explosion can be caused by an in ‘‘14 CFR 25.981(3).’’ (We assume UPS prevent all errors. Those AWLs do not additional single wiring failure. In intended to refer to section 25.981(a)(3) address problems that may already exist addition, the manufacturer’s estimated of the Federal Aviation Regulations (14 or develop on in-service airplanes probability of such a failure (the CFR 25.981(a)(3))) (http://www.faa.gov/ separate from maintenance activity, and additional single wiring failure) regulations_policies/advisory_circulars/ they do not address the basic non- significantly exceeds the FAA’s unsafe index.cfm/go/document.information/ compliant aspects of the original FQIS condition numerical threshold for documentID/73716).) UPS stated that design architecture. Those AWLs individual flight risk. The probability of

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a fuel tank explosion on those flights is mitigation means on a given airplane in because inclusion could not be justified not reduced by the existence of the accordance with the FTFR rule would in a cost-benefit analysis. The FTFR rule above-mentioned AWLs. The AWL that be sufficient to address the FQIS latent- was intended to enhance the requires extra checks after in-tank work plus-one unsafe condition. The FTFR airworthiness standards in a manner has been done has the potential to rule was not intended to prevent the that would increase the level of safety reduce the number of flights with a pre- FAA from addressing that unsafe for affected airplanes over that ensured existing in-tank failure condition. The condition on airplanes that would not by the existing regulations. That AWL that requires newly installed be affected by the FTFR rule. This was enhancement was expected to result wiring to meet separation standards clearly stated in the preamble to the from an increased level of protection should prevent a significant increase in FTFR rule. We have not changed this from ignition sources that had not been the risk on those flights that would have SNPRM regarding this issue. identified by manufacturers in their resulted from the installation of safety analyses. That enhancement of Request To Withdraw NPRM (77 FR additional, inadequately separated the airworthiness standards was 12506, March 1, 2012): Underestimated wiring. required to be justified by a cost-benefit Economic Impact We have not changed this SNPRM analysis. Cargo airplanes were excluded regarding this issue. Several commenters requested that we because the FTFR rule safety withdraw the NPRM (77 FR 12506, Request To Withdraw NPRM (77 FR enhancement could not be justified for March 1, 2012) because the FAA’s cost those airplanes from a cost-benefit 12506, March 1, 2012) Based on Similar estimate was too low. A4A estimated Rulemaking for Cargo Airplanes standpoint. that the costs associated with the NPRM This SNPRM would not require a ASTAR Air Cargo (ASTAR) requested would be up to 3 times the $100,000 to safety enhancement over the level of that we withdraw the NPRM (77 FR $200,000 estimated by the FAA, and safety required by previous standards. 12506, March 1, 2012). In support of its would be comparable with the cost of Instead, this SNPRM addresses an request, ASTAR cited the TWA Flight Boeing’s NGS installation. Goodrich unsafe condition that was identified 800 accident investigation and its pointed out that any redesigned FQIS from the manufacturer’s SFAR 88 safety finding that the most probable cause of would likely be subject to the current analysis using the FAA’s published the accident was a fuel tank explosion requirements of section 25.981 of the corrective action decision criteria for due to a latent-plus-one failure of the Federal Aviation Regulations (14 CFR SFAR 88 identified design issues (see FQIS. ASTAR stated that the FAA had 25.981), resulting in higher costs than section 25.981(a)(3) of the Federal proposed the FTFR rule (73 FR 42444, estimated by the FAA. A4A speculated Aviation Regulations (14 CFR July 21, 2008) to mitigate the risk of fuel that these higher costs were the reason 25.981(a)(3) (http://www.faa.gov/ tank explosions, and that cargo the NGS was acknowledged as a method regulations_policies/advisory_circulars/ airplanes had been exempted from that of compliance in the NPRM. A4A and index.cfm/go/document.information/ requirement based on a cost-benefit UPS stated that the FAA appears to be documentID/73716). We deferred taking analysis. ASTAR argued that, because using the NPRM as a method to require action on this unsafe condition until the basis for exclusion of all cargo the installation of Boeing’s NGS (or after the FTFR rulemaking activity aircraft from the FTFR rule has not equivalent actions) on airplanes that because the installation of an FRM changed, all cargo aircraft should be were not included in the applicability of would sufficiently address the FQIS exempt from any corrective action for the FTFR rule (73 FR 42444, July 21, latent-plus-one unsafe condition. Now the FQIS latent-plus-one issues, and the 2008) based on a cost-benefit analysis. that the FTFR rulemaking process is NPRM (77 FR 12506, March 1, 2012) Although we disagree to withdraw the complete, we are resuming our activity should be withdrawn. NPRM, we agree with some of the to address these unsafe conditions via We disagree with the request. We commenters’ assertions. We agree that AD actions. The Boeing NGS has been have determined that an unsafe our original cost estimate was low. We acknowledged as a method of condition requiring corrective action agree to adjust the cost estimate, based compliance in this SNPRM because the exists in the Model 757 FQIS. The FTFR on the information provided by the Boeing NGS is an available design that rule (73 FR 42444, July 21, 2008) was commenters, as discussed below under the FAA knows would address the proposed not because of FQIS issues ‘‘Request to Revise Cost Estimate Based unsafe condition. No additional change specifically, but because of the history on New Data.’’ Our original estimate was made to this SNPRM as a result of of fuel tank explosions in the transport was based on information provided this comment. airplane fleet due to various causes, and previously by manufacturers of original an acknowledgement that industry and equipment FQIS, retrofit FQIS, and both Request To Withdraw NPRM (77 FR the FAA may not be able to anticipate original equipment and aftermarket 12506, March 1, 2012) Due to Its and prevent all of the fuel tank ignition transient suppression and isolation Hidden Effects sources that may arise due to design and devices. Our current estimate has been A4A requested that we withdraw the maintenance issues in the life of a fleet increased to reflect the written NPRM (77 FR 12506, March 1, 2012) of airplanes. comments from and further discussions because of certain hidden effects that The intent of the FTFR rule (73 FR with Boeing and Goodrich. There is no may not have been anticipated by the 42444, July 21, 2008) was to reduce the change to our determination that an FAA. A4A pointed out that some overall exposure to flammable fuel tank unsafe condition exists. We are operators are already anticipating conditions in the fleet by approximately therefore proceeding with this AD difficulty in meeting the deadlines for one order of magnitude with the action based on the identified corrective compliance with the FTFR rule (73 FR expectation that this would have a actions that will address the unsafe 42444, July 21, 2008). Based on A4A’s significant impact on the rate of fuel condition. assumption that airlines would comply tank explosions in the future due to We disagree with the characterization with the NPRM by incorporating unanticipated causes. In promulgating that we are using the AD process to Boeing’s current NGS design, A4A this improvement in the safety require an FRM to be installed on expressed concern that using Boeing’s standards, the FAA acknowledged that airplanes that were excluded from the NGS for these additional airplanes installation of FRM or ignition FTFR rule (73 FR 42444, July 21, 2008) would potentially exceed the rate at

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which industry can modify the fleet a significant rule that would require a address the FQIS issue with AD actions. affected by the planned ADs and the cost-benefit analysis. The purpose of that statement was to FTFR rule. A4A also noted that the We disagree with the request. First, in note that there would be some cost compliance time for the NPRM would assessing whether an AD is a significant savings to industry resulting from the overlap the compliance period for the rule in accordance with FAA policy, we elimination of other actions required to FTFR rule. do not combine the cost of multiple address an unsafe condition for the While we disagree with the request to planned ADs for different airplanes, airplanes affected by the proposed rules, withdraw the NPRM, we agree with even when the design issues and unsafe and to point out that the FAA did not some of the assertions made by the conditions addressed are similar. take credit for those potential cost commenter. We agree with the concern Second, the changes discussed reductions in assessing the cost of the that this AD action has the potential to previously in this SNPRM will FTFR rule (73 FR 42444, July 21, 2008) further burden the operators and significantly reduce the cost impact. We because the costs were not well modifiers that are working to meet the have made no further changes to this understood at the time. That statement FRM operating rule deadlines, because SNPRM regarding this issue. was not a commitment by the FAA to some additional airplanes are likely to Request To Withdraw NPRM (77 FR reverse its intentions to address an be modified by installing FRM such as 12506, March 1, 2012): Inadequate identified unsafe condition on the Boeing’s NGS. But since we issued the Notice to Public airplanes that are not required to NPRM (77 FR 12506, March 1, 2012), incorporate FRM. We have not changed A4A recommended that we provide two factors have changed that reduce this SNPRM regarding this issue. information on any other designs that A4A’s concern. First, we have identified have been reviewed under SFAR 88, Request for Cost-Benefit Analysis a less costly option for cargo airplanes, and provide industry with information Boeing, FedEx, Airbus, ASTAR Air which most cargo operators are regarding their planned disposition. Cargo, and A4A requested that we expected to prefer over installation of A4A asserted that, during the FTFR perform a cost-benefit analysis for the FRM. This is expected to result in rulemaking activity, we did not provide NPRM (77 FR 12506, March 1, 2012) significantly fewer airplanes competing notice to the industry that we still and publish the results. Airbus stated for FRM modification resources. intended to address the FQIS issues that its own cost estimates exceed those Second, this AD action has been identified via SFAR 88. We infer that used by the FAA for the FTFR rule (73 delayed due to numerous factors, A4A is requesting that we withdraw the FR 42444, July 21, 2008) cost-benefit including the number of comments, the NPRM (77 FR 12506, March 1, 2012) analysis that ended up excluding cargo development of a different corrective based on inadequate notice to the public airplanes. A4A and ASTAR Air Cargo action option, and the resultant need to and the chance to comment on the requested that the NPRM be withdrawn extend the comment period to allow the proposal. The commenter stated that the until a cost-benefit analysis is public the chance to comment on these preamble of the FTFR rule (73 FR performed. The commenters suggested proposed changes. 42444, July 21, 2008) was unclear that a cost-benefit analysis would show Also, as discussed below under regarding whether AD actions would be that the NPRM cannot be justified ‘‘Request to Extend Compliance Time taken to address the FQIS issues on because the costs of the proposed Pending Issuance of Service airplanes that were not required to actions would exceed the monetary Information,’’ we have extended the incorporate FRM. value of the AD’s safety benefits. The proposed compliance time by 12 We disagree with the request to commenters cited the cost-benefit months. These delays and changes will withdraw the NPRM (77 FR 12506, analysis that was performed to justify result in the AD compliance deadline March 1, 2012). We determined that an the FTFR rule, and pointed out that a being at least 3 years beyond the final unsafe condition exists. FTFR requirement for FRM could not be compliance deadline of the FTFR rule rulemaking was done because the FAA justified for the airplanes that would be (73 FR 42444, July 21, 2008). Similar recognized the benefit for the specific affected by the proposed AD. planned ADs for other models have design changes involving incorporation We infer that, pending a full cost- been similarly delayed. We have of FRM required by the FTFR rule (73 benefit analysis, these commenters are determined that the industry FR 42444, July 21, 2008) to enhance fuel requesting that we either withdraw the modification capacity will be sufficient tank safety. Because the FTFR final rule NPRM or delay this action further until to support the modification of the requires action on only a subset of the a cost-benefit analysis demonstrates that expected additional airplanes receiving airplanes that have the FQIS unsafe an AD is justified in this case. We FRM within the new proposed condition, we are taking action to disagree. The FAA’s process and legal compliance time. We have not changed address the remaining airplanes that obligations for introducing new this SNPRM further regarding this issue. will continue to have the unsafe airworthiness standards are different Request To Withdraw NPRM (77 FR condition if no further corrective action from those for initiating an AD to 12506, March 1, 2012): Potential is taken. address an unsafe condition in an The commenter has taken the Significant Rule existing product. In addition, the statement from the FTFR preamble out commenters’ assertions were based on A4A stated that the combined costs of of context. In fact, the paragraph from the assumption that the only design the NPRM (77 FR 12506, March 1, 2012) which the commenter quoted solution that would be made available and other anticipated ADs for U.S. specifically states that the FAA to address the solution would be an airplane models with an FQIS latent- expected to take AD action to address FRM, or another solution of similarly plus-one issue would exceed $177 FQIS issues identified through SFAR 88 high cost. million and would require a cost-benefit analyses. The paragraph simply states When we propose a new analysis. We infer that the commenter is that the proposed FRM has the potential airworthiness standard, as in the case of requesting we withdraw the NPRM (77 to reduce the industry cost associated the FTFR rule (73 FR 42444, July 21, FR 12506, March 1, 2012) on the basis with those expected ADs because the 2008), we are required to perform a cost- that the planned ADs for various installation of an FRM likely would versus-benefit comparison to justify the models, if combined, would qualify as eliminate the need for action to further application of the new standard. The

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decision in that rulemaking action—to to be addressed for airplanes that would operation of the air conditioning system not require FRM installation on cargo have been subject to the FTFR rule in on the ground significantly contributes airplanes—was based in significant part the U.S., and suggested that EASA to the heating of the center fuel tank. on cost estimates that industry provided might have to issue an AD (instead of Boeing’s analysis estimated a fleet to show that AD-required FQIS design adopting the FAA AD), with similar average flammability for the center fuel changes would be far less costly than technical content, but extending the tanks of the cargo airplane fleet of 50 installing FRM on cargo airplanes. We applicability to the entire Model 757 percent of the level for the passenger specifically considered the option to not fleet in Europe. fleet. Boeing also noted that cargo require retrofit of cargo airplanes with We agree to revise the applicability. airplanes generally accumulate flight FRM because of the expectation that EASA is correct that the unsafe hours at a lower rate than passenger alternative design solutions to address condition potentially affects all Model airplanes. the specific, known unsafe condition of 757 airplanes, whereas the applicability We disagree with the request to FQIS latent-plus-one vulnerability statement in the NPRM (77 FR 12506, withdraw the NPRM (77 FR 12506, would still be required through AD March 1, 2012) could be interpreted as March 1, 2012). actions. For this AD action, however, not covering airplanes in passenger We acknowledge that the increased industry submitted written comments service that are not operated under parts night operation and reduced use of the and made verbal statements that the cost 121, 125, or 129 of the Federal Aviation air conditioning system on the ground of an FQIS design solution would be Regulations (14 CFR part 121, 125, or reduce the average flammability comparable to, and possibly greater 129). The EASA comment makes it exposure for the fleet of cargo airplanes than, the cost of its FRM modification. apparent that the proposed applicability relative to the fleet of passenger In general, a full cost-benefit analysis statement may be unclear to some airplanes. That reduction in fleet is rarely required for an AD. As a matter operators and regulatory authorities. average flammability, however, is not of regulation, in order to be airworthy, While the applicability statement in the sufficient to allow the center fuel tanks an aircraft must conform to its type NPRM is technically correct (e.g., an on those airplanes to be classified as design and be in a condition for safe EASA operator is not operating under low flammability fuel tanks. The FAA’s operation. The type design is approved those FAA operating rules and therefore determination that an unsafe condition only after the FAA makes a would have been subject to the AD), we exists for the cargo airplanes as well as determination that the design complies now agree that there is a potential for passenger airplanes was driven by the with all applicable airworthiness confusion that can be eliminated by FAA’s individual risk safety decision requirements. In adopting and more directly stating the requirement criteria rather than an average risk or maintaining those requirements, the and applicability in a manner similar to fleet risk criterion. There is no FAA has already made the that proposed by EASA in their difference in the individual flight risk determination that those requirements comment. We have changed the on the worst anticipated flights between establish a level of safety that is cost applicability in this SNPRM to all passenger airplanes and cargo airplanes beneficial. A finding of an unsafe Model 757 airplanes except for due to this issue. The worst anticipated condition that warrants AD action airplanes equipped with an FRM flights in either case involve a pre- means that this cost-beneficial level of approved by the FAA as compliant with existing latent in-tank failure and safety is no longer being achieved, and the FTFR requirements of section operation with flammable conditions in the required AD actions are necessary to 26.33(c)(1) of the Federal Aviation the center fuel tank. Flights with that restore that level of safety. Because this Regulations (14 CFR 26.33(c)(1)), as combination of conditions are level of safety has already been discussed below. As with any required anticipated to occur in both the determined to be cost beneficial and equipment, the FRM must be passenger fleets and cargo fleets does not add an additional regulatory operational with the exception of any (although at a somewhat lower relative requirement, a full cost-benefit analysis relief granted under master minimum rate on cargo airplanes, for the reasons for each AD would be redundant and equipment list (MMEL) provisions. cited by the commenters). unnecessary. With the clarification in paragraph (c), For those flights, a fuel tank explosion We have not changed this SNPRM ‘‘Applicability,’’ of this SNPRM, we could occur due to a single failure in the regarding this issue. have determined that paragraph (h), airplane wiring or the FQIS processor ‘‘Optional Installation of Flammability that conducts a high level of electrical Request To Revise Applicability Reduction Means,’’ of the NPRM would energy onto circuits that enter the fuel Statement To Clarify the Intent of the be superfluous and is no longer tank. As discussed previously in the Rule for Non-U.S.-Registered Airplanes necessary. Paragraph (c) of this response to ‘‘Request to Withdraw The European Aviation Safety Agency supplemental NPRM, as revised, would NPRM (77 FR 12506, March 1, 2012): (EASA), the Technical Agent for the not apply to airplanes equipped with Unjustified by Risk,’’ this is not Member States of the European FRM. consistent with the FAA’s fail-safe Community, requested that we revise design philosophy for transport the proposed applicability. Specifically, Requests To Withdraw NPRM (77 FR airplanes. In addition, the numerical EASA requested that we add Model 757 12506, March 1, 2012) Based on probability of the single failure as airplanes that did not have FRM Applicability estimated by the manufacturer and the installed in production. EASA further Boeing and ASTAR Air Cargo FAA significantly exceeds the unsafe requested that we exclude airplanes requested that we withraw the NPRM condition threshold for individual flight equipped with FRM that meet the FAA’s (77 FR 12506, March 1, 2012) because risk in the FAA’s TARAM) Policy FTFR rule (73 FR 42444, July 21, 2008). cargo airplanes on average have a lower Statement PS–ANM–25–05 (http:// EASA stated that it has not issued an flammability exposure due to a larger rgl.faa.gov/Regulatory_and_Guidance_ operating regulation corresponding to portion of night operations (with Library/rgPolicy.nsf/0/4E5AE87071646 the FAA’s requirements for retrofitting resultant cooler outside air 74A862579510061F96B?Open FRM in the FTFR rule. EASA noted that, temperatures) and a lower rate of Document&Highlight=ps-anm-25–05). at least for European operators, the utilization of the cabin air conditioning We have therefore determined that an unsafe condition would not be required system on the ground. Boeing stated that unsafe condition does exist on cargo

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airplanes even in consideration of the exemption, and they indicated their for a portion of their operating time, and lower fleet exposure factors cited by the willingness to make such a petition. the criteria include ignition prevention commenters. We have added new paragraph (h) in thresholds commensurate with that While we have determined that this this SNPRM to allow repetitive FQIS level of flammability. The regulatory unsafe condition requires corrective built-in test equipment (BITE) checks performance standard for FRMs is action, we have identified additional and modification of the airplane by equivalent to the flammability of a corrective action options that we expect separating FQIS wiring from other conventional aluminum wing tank, will be significantly less costly to aircraft wiring that is not intrinsically which is the benchmark for the incorporate than the originally proposed safe (in a manner acceptable to the FAA) definition of a low-flammability tank. requirement. We have determined that as an additional option for airplanes We have therefore determined that it is this additional corrective action option used exclusively for cargo operations. appropriate to treat ignition sources in is not suitable for passenger airplanes We have redesignated subsequent center fuel tanks with compliant FRMs because it does not provide a sufficient paragraphs of this SNPRM accordingly. the same way they would be treated for level of risk reduction for passenger Request To Change Applicability To a tank that has inherent low operations. The FAA normally does not Address Unsafe Condition on Airplanes flammability. Because the FQIS latent- differentiate between the safety With FRM plus-one vulnerability for Model 757 requirements or corrective action airplanes was classified as a theoretical National Air Traffic Controllers requirements for cargo airplanes and vulnerability and not as a condition Association (NATCA) requested that we passenger airplanes. However, after known to have occurred, the SFAR 88 revise the NPRM (77 FR 12506, March reviewing all of the comments on the corrective action policy does not require 1, 2012) to include airplanes on which estimated high cost of the corrective corrective action for that condition in FRMs were incorporated either action and the uncertainty in those low-flammability fuel tanks. The voluntarily or to comply with the FTFR estimates, we examined other options installation of an FRM causes the center rule (73 FR 42444, July 21, 2008). for less costly risk reduction on cargo fuel tank to meet the criteria for NATCA noted that the introduction of classification as a low-flammablity fuel airplanes. We identified an option that FRM on such airplanes only reduces the provides significant risk reduction at a tank, and therefore FRM installation fraction of time the airplane is operated was considered to be acceptable per-airplane cost that is estimated to be with flammable conditions in its fuel less than one-quarter of the cost of the mitigating action. We have not changed tanks, but does not eliminate flammable this SNPRM regarding this issue. original proposal (77 FR 12506, March operation. NATCA further noted that 1, 2012). The amount of risk reduction FAA operating rules allow limited Request To Remove Requirement for from this option is not at this time operation of the airplane with the FRM Goodrich FQIS considered to be adequate to address the inoperative. NATCA added that the Goodrich stated that its FQIS fuel unsafe condition for passenger likelihood of a fuel tank explosion height and dielectric sensor interface airplanes. during operation with flammable tanks circuitry presently meets the energy, In this case, the FAA is proposing to is similar regardless of whether an FRM voltage, and current limits specified in accept a higher level of individual flight is installed. FAA AC 25.981–1C, ‘‘Fuel Tank Ignition risk exposure for cargo flights that are We disagree with the request. We Source Prevention Guidelines,’’ dated not fail-safe due to the absence of have developed and published policy September 19, 2008 (http:// passengers and the resulting significant for determination of unsafe conditions www.faa.gov/regulations_policies/ reduction in occupant exposure on a and the need for corrective actions advisory_circulars/index.cfm/go/ cargo airplane versus a passenger during the evaluation of SFAR 88 fuel document.information/documentID/ airplane, and due to relatively low tank safety review findings. The 73716). Goodrich stated that the system estimated individual flight risk that decision to allow FRM as an acceptable design would require multiple serial would exist on a cargo airplane after the mitigating action for the identified failures to enable a fault to propagate to corrective actions are taken. The FAA unsafe condition is consistent with that the tank, resulting in the combination of has allowed a higher risk level to exist policy. We acknowledge NATCA’s point those failures being extremely on cargo airplanes due to other issues, that, if no actions are taken on an improbable on average. Goodrich added and applies a slightly less stringent airplane to correct the FQIS latent-plus- that the system built-in test detects open numerical fleet risk threshold standard one issue other than installation of an circuits and short circuits in the sensors for unsafe conditions in the published FRM, flights on that airplane where and aircraft wiring, including shorts to TARAM policy. Because this is an FRM is inoperative or ineffective would structure. Goodrich stated that there unusual determination, we have have the same risk of a fuel tank have been no failures in service in reopened the comment period to give explosion due to the FQIS latent-plus- which the Goodrich FQIS exposed the affected operators, pilots, and the public one issue as flights on an airplane with fuel tank to an unsafe condition. the opportunity to comment on this no FRM installed. However, the Goodrich asked whether the actual proposal. published unsafe condition criteria system operation and service life have We expect that the optional wire (section 25.981(a)(3) of the Federal been considered in the evaluation of the separation design change to support Aviation Regulations (14 CFR probability of an unsafe condition and compliance with the proposed AD for 25.981(a)(3)) (http://www.faa.gov/ the mitigation provided by the present cargo airplanes will involve the regulations_policies/advisory_circulars/ Goodrich FQIS. manufacturer or any other modifier index.cfm/go/document.information/ We infer that the commenter is petitioning for a partial exemption from documentID/73716) differentiate requesting that we revise the NPRM (77 the ‘‘latent-plus-one’’ requirements of between low- and high-flammability FR 12506, March 1, 2012) to eliminate sections 25.901(c) and 25.981(a)(3) of fuel tanks, with a higher level of any requirement for corrective action for the Federal Aviation Regulations (14 conservatism applied to high- airplanes equipped with a Goodrich CFR 25.901(c) and 14 CFR 25.981(a)(3)). flammability tanks. FQIS. We partially agree. The Goodrich We have informed the manufacturer that The criteria recognize that low- system is recognized as having we are open to granting such an flammability tanks are still flammable significant improvements relative to the

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original 757 system developed by fuel tank (for example, because of of the later-developed SFAR 88 unsafe another manufacturer. We recognize common wiring between the tanks), condition criteria. We have not changed that the Goodrich FQIS has the ability then that modification would be this SNPRM regarding this issue. to identify a significant portion of the required. Paragraph (g) of this SNPRM Request for Specific Corrective Action potential latent in-tank failure already states this (‘‘modify the FQIS conditions that can occur inside the fuel wiring or fuel tank systems to prevent EASA noted that the NPRM (77 FR tanks. Those conditions, however, are development of an ignition source 12506, March 1, 2012) did not cite detected and corrected only when the inside the center fuel tank’’). A change service information for a specific design built-in test capability is activated to this SNPRM itself therefore is not solution other than acknowledging FRM during maintenance. Currently, necessary. as an acceptable method of compliance. activating the built-in test features is We infer that EASA is requesting that Request To Revise Proposed AD required only when troubleshooting an the NPRM propose to require a specific Requirements To Apply to All Fuel FQIS problem that has become apparent corrective action for the unsafe Tanks to flight or maintenance crew. This still condition. EASA pointed out that, potentially leaves significant latency NATCA noted that action similar to under its regulations and policies, periods for those failures. the proposed requirements of the NPRM EASA issues ADs based on specific We have agreed that the Goodrich (77 FR 12506, March 1, 2012) was solutions provided by the responsible processor has sufficient circuit isolation required for all fuel tanks on early manufacturer. EASA stated that, in the such that the processor itself is not Model 747 and 737 airplanes via AD absence of a specific solution, EASA expected to create hot short conditions 98–20–40, Amendment 39–10808 (63 will not be in a position to simply adopt in tank circuits, and is not expected to FR 52147, September 30, 1998); and AD the FAA AD, and may need to develop pass energy from non-tank-side low- 99–03–04, Amendment 39–11018 (64 its own AD or find another solution. voltage hot shorts onto tank-side FR 4959, February 2, 1999). The We disagree with the request to circuits. There remains, however, a commenter also noted that the FAA’s require a specific corrective action in significant potential for a single failure published SFAR 88 unsafe condition this SNPRM. In this case, the causing a hot short onto tank-side criteria (section 25.981(a)(3) of the manufacturer has not provided a circuits, or a single failure causing a Federal Aviation Regulations (14 CFR corrective action specific to FQIS in high-voltage hot short onto non-tank- 25.981(a)(3)) (http://www.faa.gov/ time to support the NPRM, noting that side circuits to cause non-intrinsically regulations_policies/advisory_circulars/ they have provided service instructions safe energy, voltage, or current levels to index.cfm/go/document.information/ to install FRM that the FAA has defined be conducted into the fuel tanks. The documentID/73716)) require corrective as one method of compliance within the latent-plus-one concern therefore still action for ‘‘known latent-plus-one NPRM (77 FR 12506, March 1, 2012). exists even with the additional conditions’’ in both low- and high- While the FAA has the authority to detection capabilities that exist in the flammability tanks. compel the manufacturer to provide a Goodrich FQIS. We have determined We infer the commenter is requesting solution specifically providing FQIS this concern requires corrective action that we revise the proposed actions of protection, in this case the FAA decided in accordance with the SFAR 88 the NPRM (77 FR 12506, March 1, 2012) to seek public comment on the NPRM corrective action decision policy to apply to all fuel tanks. We disagree. (77 FR 12506, March 1, 2012) before discussed previously. We disagree with NATCA’s interpretation of the word deciding whether to take that action. the request to revise this SNPRM to ‘‘known’’ appears to be different from The FAA already requires the vast eliminate any requirement for corrective that intended by the FAA when the majority of passenger airplanes action for airplanes equipped with a SFAR 88 decision criteria were registered in the U.S. to be equipped Goodrich FQIS because we have developed and implemented. For low- with FRM, and since we defined determined that an unsafe condition flammability fuel tanks, the FAA has incorporation of FRM as one method of requiring corrective action exists on the proposed that corrective action for compliance within the NPRM (77 FR Goodrich FQIS-equipped airplanes even ‘‘latent-plus-one’’ issues be required 12506, March 1, 2012), and because after considering the differences only in cases where the particular Boeing and Goodrich provided between the Goodrich FQIS and the latent-plus-one scenario is known to information to show that a specific FQIS original 757 system developed by have occurred on that particular design. protection solution would have a per- another manufacturer. We have not Where relevant design details are airplane cost similar to that of Boeing’s changed this SNPRM regarding this significantly different, a condition that FRM design solution, we have issue. has occurred with one design is not determined there is no practical reason considered to be a ‘‘known’’ latent-plus- to require the manufacturer to provide Request To Clarify Affected Tanks one condition on another design simply a corrective action specific to FQIS for FedEx requested that we revise the because the same architectural passenger airplanes. Consideration of NPRM (77 FR 12506, March 1, 2012) to vulnerability theoretically exists. the many comments on the NPRM (77 clarify that only the center fuel tank is In the case of AD 98–20–40, FR 12506, March 1, 2012) has resulted affected. FedEx stated that the proposed Amendment 39–10808 (63 FR 52147, in a revision of the FAA’s approach for wording could be interpreted as September 30, 1998); and AD 99–03–04, cargo airplanes, leading to a applying to all tanks. Amendment 39–11018 (64 FR 4959, significantly different proposed AD. At We agree to clarify the intent of this February 2, 1999); we required this point we do expect the SNPRM. The FQIS wiring and related corrective action for all fuel tanks manufacturer to provide service system components are to be modified because the details of those designs information for the proposed optional to the extent necessary to prevent the were identical or very similar to the solution for cargo airplanes. We have, development of an ignition source in the details of the design that were however, decided not to further delay center fuel tank due to FQIS failure considered to be the most likely cause action on this issue by waiting for that conditions. If modification of wing tank- of the 1996 Model 747–100 accident. service information. The service related components is necessary to The actions of AD 98–20–40 and AD information is expected to be released prevent an ignition source in the center 99–03–04 are consistent with the intent shortly after the issuance of a final rule.

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No change to this SNPRM is necessary from an additional single failure, it and for operators that must comply with for this issue. If service information would still exceed the TARAM- the AD. This SNPRM, however, is not becomes available before the final rule allowable risk level for individual flight the appropriate forum to discuss is issued, we might consider risk. This determination is consistent potential enforcement action. We have incorporating it into the AD. with the SFAR 88 corrective action not changed this SNPRM regarding this decision policy and TARAM policy. As Request for Information on issue. discussed previously, we have added Modifications new paragraph (h) in this SNPRM to Boeing’s Planned Service Information Icelandair requested more detailed allow the option of a periodic BITE information on the specific Boeing stated that it will offer only check and partial wire separation for the Boeing FRM as a solution, if the AD modifications that would need to be cargo airplanes. performed to comply with the proposed is issued as proposed. Boeing added that requirements specified in the NPRM (77 Request for Repetitive Inspections or it does not develop detailed cost FR 12506, March 1, 2012), and asked if Replacement estimates for design changes they do not a related service bulletin was available. Oy Air Finland Ltd. stated that wires intend to provide. Further, Boeing Service information is available for within the fuel tank must remain in an stated that it does not advocate FRM incorporation of FRM approved by the undamaged condition and therefore installation on airplanes for which FRM FAA as compliant with the FTFR rule requested that we revise the NPRM (77 is not required under the FTFR rule (73 FR 42444, July 21, 2008) FR 12506, March 1, 2012) to specify (‘‘Reduction of Fuel Tank Flammability requirements of section 26.33(c)(1) of their repetitive inspection or in Transport Category Airplanes’’ (73 FR the Federal Aviation Regulations (14 replacement. The commenter provided 42444, July 21, 2008)). Boeing proposed CFR 26.33(c)(1)). no justification. no change to the NPRM (77 FR 12506, As stated previously, we have revised We disagree with including specific March 1, 2012). Boeing noted that a the NPRM (77 FR 12506, March 1, 2012) requirements to periodically inspect or requirement to install an FRM on the to provide more specific information replace the wiring within the fuel tanks affected airplanes could not be justified about a less costly optional modification because airworthiness limitations and in the cost-versus-benefit analysis for cargo airplanes. Service information existing maintenance practices are performed for the new FTFR rule, and related to this modification is not already in place to monitor the therefore cannot be justified to address currently available. We have not condition of in-tank wiring. This the unsafe condition identified by the changed this SNPRM further regarding SNPRM would require installation of FAA. this issue. flammability reduction means or a We have provided the basis for this combination of periodic system checks Request for Optional Modification SNPRM in response to ‘‘Request for (which would detect many types of Cost-Benefit Analysis’’ in this SNPRM. Goodrich requested that we revise the wiring defects or damage) and wire NPRM (77 FR 12506, March 1, 2012) to We emphasize, however, that this separation improvements, either of SNPRM does not require installation of require or allow a modification to which would significantly reduce the separate and shield the FQIS tank-side a nitrogen generation system or other probability of a fuel tank explosion on FRM. The actions specified in this circuits from other wiring as corrective a given airplane flight to an acceptable SNPRM will correct a specific, known action for the identified unsafe level. We have not changed this SNPRM unsafe condition with the FQIS. We condition. Goodrich referred to its regarding this issue. discussion regarding the capability of decided to propose this AD action the Goodrich FQIS processor to isolate Request To Compel Issuance of Service without specific service information for the tank-side circuits from the non-tank- Information the expected design solution side circuits. NATCA requested that we enforce specifically because Boeing has not to We partially agree with the request. sections 21.99 and 183.63(d) of the date provided a design solution specific We considered that method of Federal Aviation Regulations (14 CFR to FQIS. As a result of considering the compliance and determined that the 21.99 and 183.63(d)) and SFAR 88, comments to the NPRM (77 FR 12506, benefit from that corrective action Amendment 21–78, and subsequent March 1, 2012), the FAA has identified would be sufficient for cargo airplanes Amendments 21–82 and 21–83) (http:// a less costly option for Model 757 cargo when combined with regular FQIS rgl.faa.gov/Regulatory_and_Guidance_ airplanes. We have asked Boeing to checks using the previously mentioned Library%5CrgFAR.nsf/0/EEFB3F9445 develop service information for that built-in test capability. We disagree with 1DC06286256C93004F5E07?Open option, and Boeing has agreed. Since the allowing the proposed alternative for Document) to obtain necessary service FAA already requires the vast majority passenger airplanes that are not information from design approval of passenger airplanes registered in the equipped with FRM because the level of holders. NATCA noted that EASA U.S. to be equipped with FRM and we risk reduction achieved from that cannot ‘‘issue ADs’’ (that is, EASA may defined incorporation of FRM as one alternative corrective action would not not be able to adopt the FAA AD per se) method of compliance within the NPRM provide a sufficient risk reduction for if specific service information is not (77 FR 12506, March 1, 2012), and those airplanes. Even when the built-in identified. NATCA expressed concern because Boeing and Goodrich provided test capability is periodically exercised, that other civil aviation authorities may information to show that a specific FQIS there will still be a significant latency take a similar position. protection solution would have a per- period for some in-tank failures. The We partially agree with the request. airplane cost similar to that of Boeing’s risk on the flights where those failures We agree that the cited regulations are FRM design solution, we have exist and where flammable conditions relevant in setting requirements for determined there is no practical reason exist in the fuel tank is considered to be action by design approval holders when to require the manufacturer to provide excessive for passenger airplanes, we have identified an unsafe condition. a corrective action specific to FQIS for because it results from a single We also recognize that issuance of an passenger airplanes. We have not additional failure (those flights would AD without service information creates further changed this SNPRM regarding not be fail-safe). Even if it did not result significant issues for regulatory agencies this issue.

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Request To Extend Compliance Time inerting systems for center fuel tanks, directly affected the applicability of this Pending Issuance of Service and the FAA was working with industry SNPRM, and implemented the FTFR Information to develop a practical nitrogen rule. Now that we are proposing action A4A requested that we revise the generation system for new production for the affected airplanes, we must NPRM (77 FR 12506, March 1, 2012) to and retrofit installations on transport consider the ability of industry to extend the compliance time from 60 airplanes. The FAA was also planning develop an appropriate design change months to ‘‘a 96-month compliance to propose a new rule requiring those and incorporate it on all affected period that commences one year after systems to be installed on new and airplanes; we find that it is not practical the effective date of the AD’’—for a total existing airplanes, as recommended by for industry to respond to this AD in compliance time of 9 years. A4A noted the NTSB. The FAA recognized that, if only 3 years. We have therefore not that SFAR 88 (Special Federal Aviation such a system was installed on a given reduced the compliance time in this SNPRM. Regulation No. 88 (‘‘SFAR 88,’’ set of airplanes, the unsafe condition determination for the center fuel tank Amendment 21–78, and subsequent Request To Revise Cost Estimate Based latent-plus-one would be addressed due Amendments 21–82 and 21–83) (http:// on New Data to the modified center fuel tank meeting rgl.faa.gov/Regulatory_and_Guidance_ the conditions for a low flammability Boeing requested that we revise the Library%5CrgFAR.nsf/0/EEFB3F94 fuel tank after installation of a nitrogen cost estimate specified in the NPRM (77 451DC06286256C93004F5E07?Open generation system. FR 12506, March 1, 2012) because the Document)) required design solutions The FAA therefore decided to defer actual cost to develop and implement a for non-compliant designs to be addressing the FQIS latent-plus-one design change to fully address the FQIS provided by December 6, 2002, and issue on the affected airplanes until latent-plus-one failure conditions would considered that the absence of service after the outcome of the FTFR be significantly higher. Boeing information reflects a failure of rulemaking process. Now that the estimated in their comment that the cost communication and coordination, rulemaking process is complete and the to develop and implement a transient presumably between the FAA and safety enhancement provided by the suppression unit design for Model 757 Boeing. A4A was concerned that FTFR rule (73 FR 42444, July 21, 2008) airplanes would be about the same as Boeing’s declaration that it does not has been limited to certain airplanes (14 the cost of Boeing’s FRM provided for intend to develop a design solution CFR part 121, 125, and 129 passenger the airplanes affected by the FTFR rule other than its existing nitrogen airplanes), the FAA is addressing the (73 FR 42444, July 21, 2008): in excess generation system indicates that the FQIS latent-plus-one unsafe conditions of $300,000 per airplane for airplanes development of any other design on the airplanes that are not required to equipped with the early FQIS design, solution would be technically receive the safety enhancement of the and in excess of $200,000 per airplane challenging and time consuming. A4A FTFR rule. This history was discussed for airplanes equipped with a Goodrich also cited the implementation of the in detail in the NPRM (77 FR 12506, FQIS. requirements of part 26 of the Federal March 1, 2012) and in the preamble for In a subsequent meeting initiated by Aviation Regulations (14 CFR part 26) as the FTFR rule. the FAA to obtain more detail on this an example of the FAA underestimating We disagree with extending the cost estimate, Boeing provided a higher the costs and time required to develop compliance time to 9 years. Service cost estimate than they provided in their design solutions. information to support the modification written comment. However, in We partially agree with the request to portion of the option for cargo airplanes subsequent discussions with Boeing as extend the compliance time. While we is expected to be available shortly after part of developing this SNPRM, Boeing agree to provide additional time for the final rule is issued. The service indicated that they were working on an manufacturers to develop service information for the inspection portion of isolation-based design alternative to the information, we acknowledge that that option and the FRM option is FAA’s proposed modification option for service information is not likely to be already released. We have determined the cargo airplanes that would likely be available until several months after the that a compliance time extension to 72 significantly less costly than the FAA’s final rule is issued. We disagree with months for the modification will give proposed cargo airplane option of the assertion that the delay in proposing adequate time for manufacturers to partial wire separation. an AD to address the FQIS latent-plus- complete the remaining service We partially agree with the one unsafe conditions on several information and for operators to commenter. We agree to revise the cost transport airplane models reflects a complete the modification. estimate because both Boeing and one of failure to communicate and coordinate We have revised the compliance time Boeing’s affected FQIS vendors with design approval holders. in this SNPRM to 72 months after the provided similar cost estimates that In 2003, the FAA held a series of AD effective date of the AD. were higher than the estimates made in board meetings to decide which of the the NPRM (77 FR 12506, March 1, 2012) design areas identified in SFAR 88 Request To Reduce Compliance Time by the FAA. We disagree to revise the design reviews as non-compliant on NATCA requested that we reduce the cost estimate as Boeing proposed. We Boeing airplanes would be classified as compliance time from 60 months to 36 have received several inconsistent cost unsafe conditions requiring AD action. months because of the time that has estimates from industry during the The FQIS latent-plus-one issue was already passed to address this unsafe development of the FTFR rule (73 FR identified as an unsafe condition for condition since its identification in 42444, July 21, 2008), in their written high flammability fuel tanks at that time 2003. comments to the NPRM, and during for several models, including the Model While we acknowledge the time that discussions of the FAA’s proposed 757. Several airplane models from other has passed since the identification of alternative for cargo airplanes. We have manufacturers were identified as having the unsafe condition identified in this therefore provided a revised cost similar issues. However, during that SNPRM, the FAA delayed taking action estimate for the originally proposed same time period, the National for this issue while we developed the action based on input from Boeing’s Transportation Safety Board (NTSB) had FTFR rule (73 FR 42444, July 21, 2008), written comment and from the FQIS recommended FAA action to require determined its applicability, which vendor. We also have considered that it

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is likely that aftermarket vendors may determined by the NTSB to be the most purpose of the cost estimate for develop competing design solutions, as likely cause of the 1996 Model 747–100 passenger airplanes, we have assumed has occurred for other similar ADs, and accident described in the NPRM. that the airplane will be upgraded to the those solutions will likely cost less than Because the latent-plus-one failure Goodrich FQIS if necessary, and any the original manufacturer’s solutions. scenario was suspected of actually further modifications will be to only the In addition, we have identified an having occurred on that system type, we center fuel tank circuits or wiring. For additional compliance option—with a determined that corrective action for all the purpose of the additional proposed different cost—for cargo airplanes. That fuel tanks was appropriate. This cargo airplane option, we have provided cost estimate is based on Model 757 decision was consistent with the separate estimates for each design. For service information that described a subsequently published FAA policy on cargo airplanes equipped with the early very similar modification. We have used SFAR 88 AD decision criteria (section 757 FQIS design, we have assumed that the work-hour estimate from that service 25.981(a)(3) of the Federal Aviation additional isolation of some main fuel bulletin, increased the work-hour Regulations (14 CFR 25.981(a)(3))) tank wiring will be required. It is not estimate by 20 percent to account for (http://www.faa.gov/regulations_ necessary to change the proposed any unforeseen increases in the work, policies/advisory_circulars/index.cfm/ requirement itself in paragraph (g) of and increased the parts prices to go/document.information/documentID/ this SNPRM, which is very specific that account for inflation and the potential 73716)). Also, it was our understanding protection is required for the center fuel that additional parts may be needed. that the design of that FQIS was such tank. that, due to wiring interconnections Request To Revise Cost Estimate Based Request To Revise Cost Estimate To between fuel tanks, it was necessary to on AD Scope Consider Long-Term Effect of AD protect the circuits for all fuel tanks in Goodrich requested that, if the intent order to achieve effective protection for Goodrich asked whether the cost of the NPRM (77 FR 12506, March 1, any one fuel tank. estimate specified in the NPRM (77 FR 2012) is to protect all fuel tanks rather We have determined that the FQIS 12506, March 1, 2012) considers the than just the center fuel tank, we revise used on earlier production Model 757 expectation that the affected fleet will the cost estimate of the NPRM airplanes has the same fuel tank be in operation for at least 20 more accordingly. Goodrich stated that the interconnection issue, but that the years, and that a complete redesign of cost estimate is based on three Goodrich system used on later the FQIS would need to be considered assumptions: (1) That current production Model 757 airplanes does to ensure the availability of key FQIS technology circuit isolation devices not have that issue. Since the cost electrical components. Goodrich stated similar to those previously approved for estimates provided by both Boeing and this concern could drive potential other models would be acceptable, (2) Goodrich were based on design development costs higher. that no further changes to airplane solutions that included upgrading to a We agree with the commenter’s wiring would be required, and (3) that Goodrich FQIS, we assume that the assertion. We did consider that the the design change would be required to level of circuit protection for the center affected fleet will be in service for a protect only the center fuel tank. fuel tank can be significantly increased considerable period of time. In the cost Goodrich noted that protection for all relative to the existing Goodrich design estimate in the NPRM (77 FR 12506, fuel tanks is required for the two similar without having to further alter circuits March 1, 2012), we assumed that the ADs: AD 99–03–04, Amendment 39– or wiring for the main fuel tanks existing FQIS could be modified to meet 11018 (64 FR 4959, February 2, 1999), (beyond the alterations necessary to the intent of the AD. However, for Model 737 airplanes; and AD 98–20– replace the FQIS with the Goodrich comments from Boeing and Goodrich 40, Amendment 39–10808 (63 FR FQIS). led us to recognize that it was likely that 52147, September 30, 1998), for Model Because the latent-plus-one scenarios operators of airplanes with the early 757 747 airplanes. Goodrich requested that for Model 757 airplanes equipped with FQIS design will likely need to be we revise the cost estimate if the AD’s the Goodrich FQIS are classified as upgraded to the later Goodrich FQIS. intent is to require protection for fuel ‘‘theoretical’’ rather than ‘‘known to The cost estimates used in this SNPRM tanks other than the center fuel tank or have occurred’’ under the FAA policy for the fully compliant FQIS option (as if other wiring change requirements are on SFAR 88 AD decision criteria opposed to the newly added cargo anticipated. Goodrich stated that the (section 25.981(a)(3) of the Federal airplane option) are based on the cost specified in the NPRM should be Aviation Regulations (14 CFR estimates provided by Boeing and estimated based on the actual design 25.981(a)(3))) (http://www.faa.gov/ Goodrich. We previously described changes expected, rather than on regulations_policies/advisory_circulars/ changes to the cost estimate in this previous AD actions. index.cfm/go/document.information/ SNPRM, but no further change is We provide the following clarification documentID/73716)), we have necessary regarding this issue. of the intended scope of the NPRM (77 determined in accordance with that FR 12506, March 1, 2012) and the policy that the corrective action for Request To Explain Delay in associated cost estimate regarding passenger airplanes must eliminate the Rulemaking and Identify Planned which fuel tanks are subject to the potential for all theoretical latent-plus- SFAR 88 ADs proposed requirements. AD 99–03–04, one scenarios to create an ignition A4A requested that we explain the Amendment 39–11018 (64 FR 4959, source in the center fuel tank, which is delay in rulemaking for this issue, and February 2, 1999), and AD 98–20–40, classified under that policy as a high identify any further planned SFAR 88 Amendment 39–10808 (63 FR 52147, flammability fuel tank. The need to ADs. A4A asked why the NPRM (77 FR September 30, 1998), affect FQIS modify the circuits or wiring for the 12506, March 1, 2012) was issued designs that are considered to have a main fuel tanks to achieve that intent approximately 10 years after the higher level of risk of a fuel tank will depend on the proposed design identification of the unsafe conditions ignition source than the systems used solution and the existing configuration and development of design solutions on Model 757 airplanes. In addition, of the airplane. was required to be completed under those systems were identical or nearly As stated previously, we have revised SFAR 88. A4A further asked that the identical to the FQIS that was the cost estimate in this SNPRM. For the FAA provide information on any other

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designs that were already reviewed Request for Independent Review ‘‘equipped with a flammability under SFAR 88, and provide industry Regarding Timeliness of AD reduction means (FRM) approved by the with information regarding their NATCA requested an independent FAA. . . .’’ That exclusion does not planned disposition. review to identify and document how state that the installed equipment must We have specifically discussed these this issue was allowed to go be operative. However, installed issues in the preamble to the FTFR rule unaddressed for 16 years since the TWA equipment is required to be operative by (73 FR 42444, July 21, 2008) and the accident and 9 years since SFAR 88 sections 121.628, 125.201, and 129.14 of NPRM (77 FR 12506, March 1, 2012), required the development of service the Federal Aviation Regulations (14 and explained the reasons for the delay CFR 121.628, 14 CFR 125.201, and 14 in the response to ‘‘Request to Extend information. The commenter requested that the findings from that review be CFR 129.14) except as allowed by the Compliance Time Pending Issuance of MMEL and the operator’s approved Service Information’’ in this SNPRM. published. We acknowledge that there have been minimum equipment list (MEL). We cannot provide additional Dispatch with an inoperative FRM information on the results of design significant delays in addressing the issue that is the subject of this SNPRM. under the MMEL is not prohibited by reviews and the planned disposition of the AD, and our intent is to allow such issues identified in those design reviews We are also fully aware of the events and factors that have led to those delays. operation. We have not further changed because that information is proprietary. this SNPRM regarding this issue. The FAA has not made available to the We infer that NATCA made the request public an overall list of the specific to ensure that the public is aware of Request To Clarify Airplanes Excluded product issues identified and the plans those events and factors. We have From Applicability to address those issues, but operators described those events and factors in the A4A requested that we revise the can request the design review results NPRM (77 FR 12506, March 1, 2012) NPRM (77 FR 12506, March 1, 2012) to from the manufacturers. We will likely and in the other comment responses clarify that airplanes equipped with propose additional AD rulemaking, and included in this SNPRM, and therefore FRM before conversion to all-cargo the public will be notified of those the FAA does not plan to conduct the operations are excluded from the proposals via NPRMs. We have not proposed review. We have not changed proposed requirement to modify the changed this SNPRM regarding this this SNPRM regarding this issue. FQIS. issue. Request To Clarify Compliance Times We agree to provide clarification. The Request To Explain Timing of NPRM revised applicability of this SNPRM A4A requested that we revise the excludes airplanes for which operators (77 FR 12506, March 1, 2012) and NPRM (77 FR 12506, March 1, 2012) to Deficiencies of Affected Design have installed FRM. No further change clarify that the compliance deadlines in is necessary to this SNPRM regarding FedEx requested that we explain what the AD prevail over the compliance this issue. As noted above, the FRM is non-compliant about the affected deadlines in section 121.1117 of the must be operational with the exception design and why we are proposing this Federal Aviation Regulations (14 CFR of any relief granted under MMEL design change at this late date. FedEx 121.1117) for any airplane for which the provisions. stated that Boeing and Goodrich operator has chosen to comply with the determined in their safety reviews that AD by installing FRM. Additional Change to NPRM (77 FR only the FQIS densitometer was non- The proposed compliance times 12506, March 1, 2012) compliant. reflect the desired interpretation of the We have removed NOTE 1 of the We agree to provide further commenter as they pertain to cargo NPRM (77 FR 12506, March 1, 2012). explanation. This SNPRM addresses the airplanes and airplanes that are not The note was included only as reminder question about the timing of this operated per part 121, part 125, or part that maintenance and/or preventive proposal under ‘‘Request to Extend 129 of the Federal Aviation Regulations maintenance under 14 CFR part 43 is Compliance Time Pending Issuance of (14 CFR part 121, 14 CFR part 125, or permitted provided the maintenance Service Information’’ in this SNPRM. 14 CFR part 129). Passenger airplanes does not result in changing the AD- Boeing and Goodrich did identify that operating under part 121, part 125, or mandated configuration (reference 14 the densitometer of the Goodrich system part 129 of the Federal Aviation CFR 39.7). had the potential for a single failure to Regulations (14 CFR part 121, 14 CFR cause an ignition source in a fuel tank. part 125, or 14 CFR part 129) must meet FAA’s Determination That issue was addressed by AD 2009– the compliance deadlines established in We are proposing this SNPRM 06–20, Amendment 39–15857 (74 FR those operating rules. No change to this because we evaluated all the relevant 12236, March 24, 2009). However, the SNPRM is necessary regarding this information and determined the unsafe Boeing safety review and the FAA SFAR issue. condition described previously is likely 88 AD Board also identified the to exist or develop in other products of potential for a failure in airplane wiring Request To Clarify Master Minimum Equipment List (MMEL) Relief the same type design. Certain changes outside the fuel tank or in the FQIS described above expand the scope of the processor unit that, combined with a A4A requested that we revise the NPRM (77 FR 12506, March 1, 2012). As pre-existing latent failure of wiring or NPRM (77 FR 12506, March 1, 2012) to a result, we have determined that it is certain types of probe contamination clarify that the MMEL relief provided necessary to reopen the comment period inside the fuel tank, could cause an for the Boeing NGS also applies to to provide additional opportunity for ignition source. These identified failure airplanes for which the operator has the public to comment on this SNPRM. combinations were considered to be chosen to comply with the AD by non-compliant with section 25.901(c) of installing an FRM such as the Boeing Proposed Requirements of the SNPRM the Federal Aviation Regulations (14 NGS. This SNPRM would require CFR 25.901(c)) and section 25.981 of the We acknowledge the commenter’s modifying the FQIS wiring or fuel tank Federal Aviation Regulations (14 CFR concern. The revised applicability systems to prevent development of an 25.981). We have not changed this statement in paragraph (c) of this ignition source inside the center fuel SNPRM regarding this issue. SNPRM excludes airplanes that are tank.

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Costs of Compliance This estimate includes 148 cargo following costs to comply with this We estimate that this proposed AD airplanes and 19 non-air-carrier proposed AD: affects 167 airplanes of U.S. registry. passenger airplanes. We estimate the

Action Labor cost Parts cost Cost per product

Estimated Costs—Basic Proposed Requirement for All Airplanes

Fully correct FQIS vulnerability to latent-plus-one 1,200 work-hours × $85 per hour = $102,000 ..... $200,000 $302,000. failure conditions.

Estimated Costs—Optional Actions for All Airplanes

Install FRM ...... 720 work-hours × $85 per hour = $61,200 ...... $323,000 $384,200.

Estimated Costs—Optional Actions for Cargo Airplanes

Wire separation ...... 230 work-hours × $85 per hour = $19,550 ...... $10,000 $29,550. FQIS BITE check (required with wire separation 1 work-hour × $85 per hour = $85 ...... 0 $85 per check (4 checks option). per year).

Existing regulations already require the relationship between the national (a) Comments Due Date that air-carrier passenger airplanes be Government and the States, or on the We must receive comments by April 24, equipped with FRM by December 26, distribution of power and 2015. 2017. We therefore assume that the FRM responsibilities among the various (b) Affected ADs installation specified in paragraph (g) of levels of government. None. this SNPRM would be done on only the For the reasons discussed above, I 19 affected non-air-carrier passenger certify this proposed regulation: (c) Applicability airplanes, for an estimated passenger (1) Is not a ‘‘significant regulatory This AD applies to The Boeing Company fleet cost of $5,738,000. We also assume action’’ under Executive Order 12866, Model 757–200, –200PF, –200CB, and –300 that the operators of the 148 affected series airplanes; certificated in any category; cargo airplanes would choose the less (2) Is not a ‘‘significant rule’’ under except airplanes equipped with a costly actions specified in paragraph (h) the DOT Regulatory Policies and flammability reduction means (FRM) of this AD, at an estimated cost of Procedures (44 FR 11034, February 26, approved by the FAA as compliant with the 1979), Fuel Tank Flammability Reduction (FTFR) $4,373,400 for the wire separation rule (73 FR 42444, July 21, 2008) modification, plus $50,320 annually for (3) Will not affect intrastate aviation requirements of section 25.981(b) or section the BITE checks. in Alaska, and 26.33(c)(1) of the Federal Aviation Regulations (14 CFR 25.981(b) or 14 CFR Authority for This Rulemaking (4) Will not have a significant economic impact, positive or negative, 26.33(c)(1)). Title 49 of the United States Code on a substantial number of small entities (d) Subject specifies the FAA’s authority to issue under the criteria of the Regulatory rules on aviation safety. Subtitle I, Joint Aircraft System Component (JASC) Flexibility Act. Code 7397: Engine fuel system wiring. section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: List of Subjects in 14 CFR Part 39 (e) Unsafe Condition Aviation Programs’’ describes in more Air transportation, Aircraft, Aviation This AD was prompted by fuel system detail the scope of the Agency’s reviews conducted by the manufacturer. We safety, Incorporation by reference, are issuing this AD to prevent development authority. Safety. We are issuing this rulemaking under of an ignition source inside the center fuel the authority described in Subtitle VII, The Proposed Amendment tank caused by a latent in-tank failure combined with electrical energy transmitted Part A, Subpart III, Section 44701: into the center fuel tank via the fuel quantity ‘‘General requirements.’’ Under that Accordingly, under the authority delegated to me by the Administrator, indicating system (FQIS) wiring due to a section, Congress charges the FAA with single out-tank failure. promoting safe flight of civil aircraft in the FAA proposes to amend 14 CFR part air commerce by prescribing regulations 39 as follows: (f) Compliance Comply with this AD within the for practices, methods, and procedures PART 39—AIRWORTHINESS the Administrator finds necessary for compliance times specified, unless already DIRECTIVES done. safety in air commerce. This regulation (g) Modification is within the scope of that authority ■ 1. The authority citation for part 39 because it addresses an unsafe condition continues to read as follows: Within 72 months after the effective date that is likely to exist or develop on of this AD, modify the FQIS wiring or fuel products identified in this rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. tank systems to prevent development of an action. ignition source inside the center fuel tank, § 39.13 [Amended] using a method approved in accordance with Regulatory Findings ■ 2. The FAA amends § 39.13 by adding the procedures specified in paragraph (i) of We determined that this proposed AD the following new airworthiness this AD. would not have federalism implications directive (AD): (h) Optional Actions for Cargo Airplanes under Executive Order 13132. This The Boeing Company: Docket No. FAA– For airplanes used exclusively for cargo proposed AD would not have a 2012–0187; Directorate Identifier 2011– operations: As an option to the requirements substantial direct effect on the States, on NM–094–AD. of paragraph (g) of this AD, do the actions

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specified in paragraphs (h)(1) and (h)(2) of AGENCY: Office of Postsecondary If you use a telecommunications this AD, using methods approved in Education, Department of Education. device for the deaf (TDD) or a text accordance with the procedures specified in ACTION: Proposed priorities, telephone (TTY), call the Federal Relay paragraph (i) of this AD. Service (FRS), toll free, at 1–800–877– (1) Within 6 months after the effective date requirements, selection criterion, and of this AD, record the existing fault codes definitions. 8339. stored in the FQIS processor and then do a SUPPLEMENTARY INFORMATION: BITE check (check of built-in test equipment) SUMMARY: The Assistant Secretary for Invitation to Comment: We invite you of the FQIS, in accordance with the Postsecondary Education proposes to submit comments regarding this Accomplishment Instructions of Boeing priorities, requirements, a selection notice. To ensure that your comments Service Bulletin 757–28–0136, dated June 5, criterion, and definitions under the First have maximum effect in developing the 2014. If any fault codes are recorded prior to in the World (FITW) Program. The the BITE check or as a result of the BITE notice of final priorities, requirements, Assistant Secretary may use these selection criterion, and definitions, we check, before further flight, do all applicable priorities, requirements, selection repairs and repeat the BITE check until a urge you to identify clearly the specific successful test is performed with no faults criterion, and definitions for FITW proposed priority, requirement, found, in accordance with Boeing Service competitions in fiscal year (FY) 2015 selection criterion or definition that Bulletin 757–28–0136, dated June 5, 2014. and later years. These priorities, each comment addresses. Repeat these actions thereafter at intervals requirements, selection criterion, and We invite you to assist us in not to exceed 750 flight hours. definitions would enable the complying with the specific (2) Within 72 months after the effective Department to focus the FITW program requirements of Executive Orders 12866 date of this AD, modify the airplane by on identified barriers to student success and 13563 and their overall requirement separating FQIS wiring that runs between the in postsecondary education and FQIS processor and the center fuel tank, of reducing regulatory burden that including any circuits that might pass advance the program’s purpose to build might result from these proposed through a main fuel tank, from other airplane evidence for what works in priorities, requirements, selection wiring that is not intrinsically safe. postsecondary education through criterion, or definitions. Please let us development, evaluation, and know of any further ways we could (i) Alternative Methods of Compliance dissemination of innovative strategies to (AMOCs) reduce potential costs or increase support students who are at risk of potential benefits while preserving the (1) The Manager, Seattle Aircraft failure in persisting in and completing effective and efficient administration of Certification Office (ACO), FAA, has the their postsecondary programs of study. authority to approve AMOCs for this AD, if the program. requested using the procedures found in 14 DATES: We must receive your comments During and after the comment period, CFR 39.19. In accordance with 14 CFR 39.19, on or before March 25, 2015. you may inspect all public comments send your request to your principal inspector ADDRESSES: Submit your comments about this notice by accessing or local Flight Standards District Office, as through the Federal eRulemaking Portal Regulations.gov. You may also inspect appropriate. If sending information directly or via postal mail, commercial delivery, the comments in person in room 6164, to the manager of the ACO, send it to the or hand delivery. We will not accept 1990 K. St. NW., Washington, DC attention of the person identified in between the hours of 8:30 a.m. and 4:00 paragraph (j) of this AD. Information may be comments submitted by fax or by email or those submitted after the comment p.m., Washington, DC time, Monday emailed to: 9-ANM-Seattle-ACO-AMOC- through Friday of each week except [email protected]. period. To ensure that we do not receive (2) Before using any approved AMOC, duplicate copies, please submit your Federal holidays. Please contact the FOR FURTHER notify your appropriate principal inspector, comments only once. person listed under or lacking a principal inspector, the manager • Federal eRulemaking Portal: Go to INFORMATION CONTACT. Assistance to Individuals with of the local flight standards district office/ www.regulations.gov to submit your certificate holding district office. Disabilities in Reviewing the comments electronically. Information Rulemaking Record: On request we will (j) Related Information on using Regulations.gov, including provide an appropriate accommodation instructions for accessing agency For more information about this AD, or auxiliary aid to an individual with a contact Jon Regimbal, Aerospace Engineer, documents, submitting comments, and disability who needs assistance to Propulsion Branch, ANM–140S, FAA, Seattle viewing the docket, is available on the review the comments or other Aircraft Certification Office (ACO), 1601 Lind site under ‘‘Are you new to the site?’’ documents in the public rulemaking Avenue SW., Renton, Washington 98057– • Postal Mail, Commercial Delivery, record for this notice. If you want to 3356; phone: 425–917–6506; fax: 425–917– or Hand Delivery: If you mail or deliver 6590; email: [email protected]. schedule an appointment for this type of your comments about these proposed accommodation or auxiliary aid, please Issued in Renton, Washington, on regulations, address them to Frank contact the person listed under FOR December 18, 2014. Frankfort, U.S. Department of FURTHER INFORMATION CONTACT. Jeffrey E. Duven, Education, 1990 K Street NW., Room Manager, Transport Airplane Directorate, Purpose of Program: Earning a 6166, Washington, DC 20006. postsecondary degree or credential is a Aircraft Certification Service. Privacy Note: The Department’s prerequisite for the growing jobs of the [FR Doc. 2015–03540 Filed 2–20–15; 8:45 am] policy is to make all comments received new economy and the clearest pathway BILLING CODE 4910–13–P from members of the public available for to the middle class. Average earnings of public viewing in their entirety on the college graduates are almost twice as Federal eRulemaking Portal at high as that of workers with only a high www.regulations.gov. Therefore, DEPARTMENT OF EDUCATION school diploma and, over this decade, commenters should be careful to employment in jobs requiring education 34 CFR Chapter VI include in their comments only beyond a high school diploma will grow information that they wish to make more rapidly than employment in jobs Proposed Priorities, Requirements, publicly available. Selection Criterion, and Definitions— that do not.1 FOR FURTHER INFORMATION CONTACT: First in the World Program Frank Frankfort. Telephone: (202) 502– 1 Carnavale, A., Smith, N., Strohl, J., Help CFDA Numbers: 84.116F and 84.116X 7513 or email: [email protected]. Wanted: Projections of Jobs and Education

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But today, even though college backgrounds, students of color, and effective strategies that improve college enrollment has increased by 50 percent first-generation students now make up completion through rapid scaling by since 1990, from almost 14 million the majority of students in college.8 allowing larger awards in lower tiers for students to almost 21 million students, Ensuring that these students persist in college and university systems and and despite the importance of a and complete their postsecondary consortia that collaborate with leading postsecondary education to financial education is essential to meeting our experts to test and rigorously evaluate security for American families and for nation’s educational challenges. the most promising strategies at the national economy to grow and However, the traditional methods and multiple sites. remain competitive in the global practices of the country’s higher All FITW projects are required to use economy, only 40 percent of Americans education system have typically not part of their budgets to conduct hold a postsecondary degree.2 While the been focused on ensuring successful independent evaluations (as defined in vast majority of high school graduates outcomes for these students, and too this notice) of their projects. This from the wealthiest American families little is known about what strategies are ensures that projects funded under the continue on to higher education, only most effective for addressing key FITW program contribute significantly half of high school graduates from the barriers that prevent these students from to improving the information available poorest families attend college.3 About persisting and completing. to practitioners and policymakers about 60 percent of students at four-year The FITW program addresses these which practices work, for which types institutions earn a bachelor’s degree problems by supporting the of students, and in what contexts. within six years.4 For low-income development of innovative solutions to Program Authority: 20 U.S.C. 1138– students, the prospects are even worse persistent and widespread challenges in 1138d. as only 40 percent reach completion.5 postsecondary education, particularly Background: The proposed priorities, Almost 37 million Americans report those that affect adult learners, working requirements, selection criterion, and ‘‘some college, no degree’’ as their students, part-time students, students definitions for the FITW program set highest level of education.6 Due to these from low-income backgrounds, students forth in this notice would better enable the Department to achieve the purpose outcomes, the U.S. has been outpaced of color, and first-generation students, and goals of the FITW program by internationally in higher education. In and building evidence for what works in creating mechanisms to direct funding 1990, the U.S. ranked first in the world postsecondary education by testing the to priority areas of work that address the in four-year degree attainment among effectiveness of these strategies in most important challenges in 25–34 year olds; in 2012, the U.S. improving student persistence and postsecondary education and, ranked 12th.7 completion outcomes. Similar to the Recognizing these factors, President Department’s Investing in Innovation additionally, set evidence and Obama set a goal for the country that Fund, which supports innovation and evaluation requirements. There are currently no such program-specific America will once again have the evidence building in elementary and priorities, requirements, selection highest proportion of college graduates secondary education, a key element of criteria, or definitions for the FITW in the world. To support this national the FITW program is its multi-tier structure that links the amount of program. effort, the Administration has outlined a Proposed Priorities: This notice comprehensive agenda that includes funding that an applicant may receive to the quality of evidence supporting the contains nine proposed priorities. In expanding opportunity and increasing any grant competition under this quality at all levels of education, from efficacy of the proposed project. Applicants proposing practices program, the Secretary may use, early learning through higher education. individually or in combination, one or The FITW program is a key part of this supported by limited evidence can receive relatively small grants more of these priorities or subparts of agenda. these priorities, priorities from the final Unlike in previous generations, adult (Development grants) that support the development and initial evaluation of supplemental priorities and definitions learners, working students, part-time for discretionary grant programs, students, students from low-income innovative but untested strategies. Applicants proposing practices published in the Federal Register on December 10, 2014 (79 FR 73425), and Requirements Through 2018. Georgetown Center on supported by evidence from rigorous Education and the Workforce, 2010. evaluations can receive larger grants priorities based on the statutory 2 National Center for Education Statistics. ‘‘Total (Validation and Scale-up grants), in requirements for the Fund for the fall enrollment in degree-granting postsecondary amounts commensurate to the level of Improvement of Postsecondary institutions, by attendance status, sex of student, supporting evidence, for Education (FIPSE). and control of institution: Selected years, 1947 Background: The proposed priorities through 2012.’’ Retrieved from: http://nces.ed.gov/ implementation at greater scale to test correspond to what the Department programs/digest/d13/tables/dt13_303.10.asp. whether initially successful strategies 3 believes are the greatest current National Center for Education Statistics. remain effective when adopted in varied ‘‘Percentage of recent high school completers challenges in postsecondary education locations and with large and diverse enrolled in 2-year and 4-year colleges, by income and most important areas of work groups of students. This structure level: 1975 through 2012.’’ Retrieved from: http:// seeking to address barriers to nces.ed.gov/programs/digest/d13/tables/dt13_ provides incentives for applicants to postsecondary student success. As 302.30.asp. build evidence of effectiveness of their 4 provided under 34 CFR 75.105, these National Center for Education Statistics. proposed projects and to address the ‘‘Percentage distribution of first-time postsecondary priorities may be used by the barriers to serving large numbers of students starting at 2- and 4-year institutions during Department as absolute or competitive the 2003–04 academic year, by highest degree students within institutions and across preference priorities in grant attained, enrollment status, and selected systems, States, regions, or the country. competitions for the FITW program in characteristics: Spring 2009.’’ Retrieved from: Additionally, the Department is http://nces.ed.gov/programs/digest/d13/tables/ FY 2015 and later years to direct FITW exploring ways to accelerate the dt13_326.40.asp. funds to projects that address these 5 progress of building evidence for Id. identified challenges and areas of work. 6 U.S. Census Bureau, 2012 American Community Survey. 8 U.S. Department of Education. 2010. Profile of In addition, we may also use priorities 7 Organization of Economic Co-operation and Undergraduate Students: 2007–08. National Center from the Department’s final Development, Education at a Glance 2014. for Education Statistics: 2010–205. Washington DC. supplemental priorities and definitions

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for discretionary grant programs, cognitive Factors) could be included as developmental course.10 While published in the Federal Register on follows: participation rates vary widely across December 10, 2014 (79 FR 73425) • (Example) Competitive Preference States and institution types, low- (Supplemental Priorities), as absolute or Priority: To meet this competitive income, African-American, and competitive preference priorities in the preference priority, an applicant must Hispanic students are referred to FITW program. Accordingly, we are not meet both sections (A) and (B) of this developmental courses at much higher proposing priorities in this notice that priority. rates.11 12 13 are already included in the (A) Implementing Low Cost-High Developmental education is one of the Supplemental Priorities. Impact Strategies to Improve Student leading barriers to postsecondary Establishing program-specific Outcomes—Projects that use low cost persistence and completion.14 priorities would provide the Department tools or strategies, such as those that use Discouraged by the inability to enroll in the option to focus a particular year’s technology, that result in a high impact courses that will allow them to earn FITW grant competition on any or all (or on student outcomes. credit and advance in their programs of none) of the policy areas set forth in (B) Influencing the Development of study, many students never even enroll those priorities. For each year that new Non-cognitive Factors—Projects that are in the developmental courses to which 15 funds are available under the FITW designed to improve students’ mastery they are referred. For those students program, the Department would of non-cognitive skills and behaviors that do enroll in developmental courses, determine which, if any, of the priorities (such as academic behaviors, academic the majority do not complete them, to include in the grant competition. eventually dropping out of mindset, perseverance, self-regulation, 16 17 The proposed priorities are organized social and emotional skills, and postsecondary education altogether. so that the Department has the approaches toward learning strategies) Promising new practices in flexibility to determine the area of focus and enhance student motivation and developmental math education that for the priority. For example, with engagement in learning. have shown greater learning gains and success in credit-bearing coursework by respect to Proposed Priority 1— With respect to the proposed students indicate that the traditional Improving Success in Developmental priorities, the Department is particularly sequence, teaching, and content of Education, the Department could interested in brief comments responding developmental coursework has been choose to include in a notice inviting to the following questions: ineffective in supporting student applications a competitive preference • Do the proposed priorities priority for any type of project that seeks mastery of the material. sufficiently address the greatest A number of institutions are making to improve outcomes in developmental challenges and barriers to postsecondary great effort to reform traditional education by using the broadest student success? developmental education with language in the priority: • Do the subparts for each proposed • promising results that would benefit (Example) Competitive Preference priority adequately capture the most from more rigorous evaluation, in part Priority: Improving Success in promising aspects of the policy topic to determine their effectiveness on Developmental Education—Projects area of each priority? student performance, persistence, and designed to improve student success in Proposed Priorities: completion, but also to identify effective developmental education or accelerate The Assistant Secretary proposes the implementation strategies. Further, for student progress into credit bearing following priorities for this program. In the interventions that have produced postsecondary courses. any grant competition under this evidence of positive impacts on student Or, we could choose more specific program, the Secretary may use, outcomes, almost none have been language from the priority to target a individually or in combination, one or replicated and evaluated at scale. particular aspect of developmental more of these priorities or subparts of education reform by choosing to also these priorities, priorities from the final 10 U.S. Department of Education, National Center include one of the subparts of Proposed supplemental priorities and definitions for Education Statistics, 2011–12 National Priority 1: for discretionary grant programs, Postsecondary Student Aid Study (NPSAS:12), • (Example) Competitive Preference Profile of Undergraduate Students 2011–12, Table published in the Federal Register on 6.2. Report available at: http://nces.ed.gov/ Priority: Improving Success in December 10, 2014 (79 FR 73425), and pubs2015/2015167.pdf. Developmental Education—Projects priorities based on the statutory 11 MDRC, Unlocking the Gate, June 2011. Article designed to improve student success in requirements for the Fund for the available at: http://www.mdrc.org/sites/default/ _ developmental education or accelerate Improvement of Postsecondary files/full 595.pdf. student progress into credit bearing 12 Attewell, P. A., Lavin, D. E., Domina, T., & Education (FIPSE). Levey, T. 2006. New Evidence on College postsecondary courses through Proposed Priority 1—Improving Remediation. The Journal of Higher Education. redesigning developmental education Success in Developmental Education. Article available at: http://www.jstor.org/stable/ courses or programs through strategies Background: ‘‘Developmental’’ 3838791. 13 http://ccrc.tc.columbia.edu/media/k2/ such as contextualization of courses are instructional courses, developmental coursework together attachments/referral-enrollment-completion- typically non-credit bearing, designed developmental.pdf. with occupational or college-content for students deficient in the general 14 http://www.mdrc.org/sites/default/files/ coursework. competencies necessary for a regular full_595.pdf. We may also use priorities in postsecondary curriculum. The most 15 Complete College America. 2012. Remediation: combination with each other in a notice Higher Education’s Bridge to Nowhere. Report common developmental courses to available at: http://www.completecollege.org/ inviting applications. For example, a which beginning students are referred resources_and_reports/. competitive preference priority for low are math and reading/writing.9 It is 16 Complete College America. 2012. Remediation: cost, high impact strategies (Proposed estimated that almost one-third of all Higher Education’s Bridge to Nowhere. Priority 6—Implementing Low Cost-High students take some form of 17 Bailey, T. 2009. Challenge and Opportunity: Impact Strategies to Improve Student Rethinking the Role and Function of Developmental Education in Community College. In New Outcomes) that influence non-cognitive 9 http://ccrc.tc.columbia.edu/media/k2/ Directions for Community Colleges. (Available factors (Supplemental Priority 2— attachments/referral-enrollment-completion- Article available at: http://onlinelibrary.wiley.com/ Influencing the Development of Non- developmental.pdf. doi/10.1002/cc.352/pdf.

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Proposed Priority 1—Improving make the prospect of dropping out more accessibility and quality and reduce Success in Developmental Education. likely.19 Further, for students that do cost. Proposed Priority: The Secretary gives complete, the limited available Proposed Priority 2: Improving priority to: information on learning proficiency Teaching and Learning. (a) Projects designed to improve suggests that too many students are The Secretary gives priority to: student success in developmental lacking the critical thinking, analytical, (a) Projects designed to improve education or accelerate student progress and communication skills needed for teaching and learning; or, into credit bearing postsecondary the modern workforce.20 Some research (b) Projects designed to improve courses; or, indicates that as much as a third of teaching and learning through one or (b) Projects designed to improve students show no high-order cognitive more of the following: student success in developmental learning gains over the course of their (i) Instruction-level tools or strategies education or accelerate student progress undergraduate educations.21 such as adaptive learning technology, into credit bearing postsecondary These deficits are accompanied by a educational games, personalized courses through one or more of the decline in productivity in higher learning, active- or project-based following: education. Controlling for inflation, the learning, faculty-centered strategies that (i) Identifying and treating academic cost of attending college has more than systematically improve the quality of needs prior to postsecondary doubled over the past three decades.22 teaching, or multi-disciplinary efforts enrollment, including while in middle Despite these challenges, which are focused on improving instructional or high school, through strategies such felt more acutely by the types of experiences; as partnerships between K–12 and students that now make up the majority (ii) Program-level strategies such as postsecondary institutions; of students enrolled in postsecondary competency-based programs that are (ii) Diagnosing students’ education, adult learners, working designed with faculty, industry, developmental education needs at the students, part-time students, students employer, and expert engagement, use time of or after postsecondary from low-income backgrounds, students rigorous methods to define enrollment, such as by developing of color, and first-generation students, competencies, and utilize externally alternatives to single measure placement there has been little change in the validated assessments, online or strategies, and identifying specific methods of teaching and instruction, as blended programs, or joint offering of content gaps in order to customize well as how students experience programs across institutions; instruction to an individual student’s learning in college. With some (iii) Institution-level tools or strategies needs; exceptions, the same degrees and other such as faculty-centered strategies to (iii) Offering alternative pathways in credentials are offered in the same way, improve teaching across an institution, mathematics, such as non-Algebra based by counting up the amount of hours use of open educational resources coursework for non-math and science students are taught. Methods of teaching across, or tailoring academic content fields. have stayed largely static. Given the (iv) Accelerating students’ progress in and delivery to serve the needs of non- poor outcomes many students are completing developmental education, traditional students. experiencing, new approaches to through strategies such as modularized, Proposed Priority 3—Improving teaching and learning, using new tools fast-tracked, or self-paced courses or Student Support Services. and strategies that can help customize placing students whose academic Background: Almost all secondary learning to accommodate diverse performance is one or more levels below schools and institutions of higher learning styles, are needed at all levels that required for credit-bearing courses education offer a diverse array of of postsecondary education to improve into credit-bearing courses with student support services to assist with academic supports; college preparation, application and (v) Redesigning developmental Education, September 2003). Greene and Foster enrollment, financial aid, academic define being minimally ‘‘college ready’’ as: barriers and other issues related to education courses or programs through graduating from high school, having taken four strategies such as contextualization of years of English, three years of mathematics, and access, persistence, and completion. developmental coursework together two years of science, social science, and foreign The range of services and support is with occupational or college-content language, and demonstrating basic literacy skills by extensive, and include interventions scoring at least 265 points on the National both inside and outside the classroom coursework; Assessment of Educational Progress in reading. (vi) Integrating academic and other 19 Eric Bettinger and Bridget Terry Long, and campus. Many of these services are supports for students in developmental ‘‘Addressing the Needs of Under-Prepared College also provided by outside organizations, education. Students: Does College Remediation Work?’’ Journal including non-profits. Further, several of Human Resources 44, no. 3 (2009); Brian Jacob of the Department’s programs, including Proposed Priority 2—Improving and Lars Lefgren, ‘‘Remedial Education and Student Teaching and Learning. Achievement: A Regression-Discontinuity TRIO, GEAR UP, and the Aid for Background: A large percentage of Analysis,’’ Review of Economics and Statistics 86, Institutional Development programs, students in postsecondary education no. 1 (2004): 226–44. provide funding for student and struggle academically because they 20 Arum, Richard and Roksa, Josipa, academic support services. Academically Adrift: Limited Learning on College arrive to college unprepared for college- Campuses (University of Chicago Press, January However, few student support level coursework.18 These struggles 2011). services strategies have been rigorously 21 Richard Arum and Josipa Roksa, ‘‘Are evaluated. Given the need to improve 18 Xianglei Chen and others, Academic Undergraduates Actually Learning Anything?’’ outcomes, particularly for adult Preparation for College in the High School Senior Chronicle of Higher Education, January 18, 2011. learners, working students, part-time Class of 2003–04: Education Longitudinal Study of Retrieved from: http://chronicle.com/article/Are- students, students from low-income 2002 (ELS: 2002), Base-year, 2002, First Follow-up, Undergraduates-Actually/125979/. 2004, and High School Transcript Study, 2004 22 National Center for Education Statistics. backgrounds, students of color, and (Washington: U.S. Department of Education, ‘‘Average undergraduate tuition and fees and room first-generation students, new and National Center for Education Statistics, January and board rates charged for full-time students in innovative approaches are needed, 2010); Jay Greene and Greg Foster, ‘‘Public High degree-granting institutions, by level and control of including those that are cost effective, School Graduation and College Readiness Rates in institution: 1969–70 through 2011–12.’’ Retrieved the United States,’’ Working Paper 3 (New York: from: http://nces.ed.gov/programs/digest/d12/ so that a greater number of students can Manhattan Institute, Center for Civic Information, tables/dt12_381.asp. be served.

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Proposed Priority 3: Improving validated assessments of student towards postsecondary degrees or Student Support Services. learning and stated learning goals credentials through one or more of the The Secretary gives priority to: through one or more of the following: following: (a) Projects designed to improve the (i) Alternative assessment tools or (i) Seamless transfer of credits supports or services provided to strategies such as micro- or competency- between postsecondary institutions; students prior to or during the students’ based assessments, assessments (ii) Validation and transfer of credit enrollment in postsecondary education; embedded in curriculum, or for learning or learning experiences or, simulations, games, or other technology- from non-institutional sources; (b) Projects designed to improve the based assessment approaches; (iii) Alternate credentialing or badging supports or services provided to (ii) Professional development or frameworks; students prior to or during the students’ training of faculty on the approaches to (iv) Opportunities for students to earn enrollment in postsecondary education developing, using, and interpreting college credits prior to postsecondary through one or more of the following: assessments; enrollment, such as through dual (i) Integrating student support (iii) Combining or sequencing enrollment, dual degree, dual services, including with academic assessments from multiple sources to admission, or early college programs. advising and instruction; strengthen diagnostic capabilities; Proposed Priority 6—Increasing the (ii) Individualizing or personalizing (iv) Aligning assessments across Effectiveness of Financial Aid. support services such as advising, sectors and institutions, such as across Background: The federal government, coaching, tutoring, or mentoring to kindergarten through grade 12 and States, and institutions make a wide students and their identified needs postsecondary education systems or range of financial aid in the form of using tools or strategies such as across 2-year and 4-year institutions, to grants, loans, and tax credits available to predictive analytics to identify students improve college-readiness and content students pursuing postsecondary who may need specific supports, or delivery; education. Evidence shows that behavioral interventions used to provide (v) Open-source assessments. lowering the costs of college, the result timely, relevant, and actionable Proposed Priority 5—Facilitating of student aid, can improve access and information for students at critical Pathways to Credentialing and Transfer. completion.23 Indeed, since the points such as when they may be at risk Background: Students obtain adoption of the Higher Education Act of dropping out; knowledge and skills through a variety almost 50 years ago, average aid per (iii) Connecting students to resources of experiences and from a range of student has more than tripled, from or services other than those typically institutions and providers. Many $3,347 in 1971–72 to $12,455 in 2010– provided by postsecondary institutions, postsecondary students attend more 11 (in constant 2010 dollars), while full- such as providing assistance in than one institution on their way to time equivalent enrollment has more accessing government benefits, earning a certificate or degree. Although than doubled, from about 6.2 million in transportation assistance, medical, increasing numbers of States and 1971–72 to 14.2 million in 2010–11.24 health, or nutritional resources and educational institutions are entering But, this conclusion is not without services, child care, housing, or legal into articulation agreements to facilitate exception. Due to the numerous types of services; credit transfer, too many students aid that are available, the range of (iv) Utilizing technology such as continue to lose time and incur sources, and the detailed application digital messaging to provide supports or additional expense due to lost credits process, the financial aid system is services systematically. when transferring between institutions. complex. This complexity may have the Proposed Priority 4—Developing and Further, many student learning unintended effect of creating barriers to Using Assessments of Learning. experiences, such as learning that access, one of the very problems that Background: Learning assessment has occurs through work experience or from financial aid is designed to address. shown promise as an effective non-traditional education providers, are Further, some types of aid may have a instructional strategy to increase student simply not recognized. greater impact on outcomes than others, success. While learning assessment, in Alternate systems and methods of achievement incentives may help the past, focused more on traditional assessing, aggregating, and credentialing improve persistence and completion, testing, current assessment has learning experiences are needed to help and in the case of loans, levels of debt expanded to assess not just what more students reach completion in may influence student decisions. In students know but also what they can accelerated timeframes. Additionally, general, the effectiveness of financial do. Further, a knowledge-based new systems of portable, stackable aid is impacted by a number of factors economy requires assessment of higher- postsecondary degrees and credentials including the design and delivery of aid order thinking skills such as recall, along transparent career pathways must programs, the level of understanding by analysis, comparison, inference, be designed and opportunities to obtain students and families of costs and application, and evaluation. New forms such degrees and credential must be availability of aid, and the ability of of assessments must be developed for expanded. students and families to navigate the these purposes. Assessments are also Proposed Priority 5: Facilitating application process and make optimal needed to measure what is learned Pathways to Credentialing and Transfer. decisions. New and innovative outside the classroom, such as through The Secretary gives priority to: strategies and tools that address these previous work experience. (a) Projects designed to develop and realities to maximize the effectiveness of Proposed Priority 4: Developing and implement systems and practices to financial aid are needed. Using Assessments of Learning. capture and aggregate credit or other The Secretary gives priority to: evidence of knowledge and skills 23 Dynarski, S.(2003). Does Aid Matter? (a) Projects that support the towards postsecondary degrees or Measuring the Effects of Student Aid on College development and use of externally credentials; or, Attendance and Completion. American Economic validated assessments of student (b) Projects designed to develop and Review. 24 implement systems and practices to Dynarski, S., & Scott-Clayton, J. (2013). learning and stated learning goals; or, Financial aid policy: Lessons from Research. The (b) Projects that support the capture and aggregate credit or other Future of Children. Postsecondary Education in the development and use of externally evidence of knowledge and skills United States. Vol 23. No. 1.

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Proposed Priority 6: Increasing the Secretary gives priority to projects that improve the quality and applicability of Effectiveness of Financial Aid. The use low cost tools or strategies, such as the evidence produced from the Secretary gives priority to: those that use technology, that result in required evaluations, and encourage (a) Projects designed to improve the a high impact on student outcomes. efforts in the field to work across effectiveness of financial aid. Proposed Priority 8—Improving networks to share emergent effective (b) Projects designed to improve the Postsecondary Student Outcomes at practices across the higher education effectiveness of financial aid through Minority-Serving Institutions. enterprise. one or more of the following: Background: Minority-serving Proposed Priority 9: Systems and (i) Counseling, advising, creation of institutions (MSIs) (as defined in this Consortia Focused on Large-Scale information and resources, and other notice), including Historically Black Impact. The Secretary gives priority to support activities on higher education Colleges and Universities (HBCUs), projects that involve consortia of financing and financial literacy enroll a significant and disproportionate institutions, including across a college delivered by financial aid offices or share of students from low-income or university system, and partnerships integrated with other support services backgrounds, students of color, and with leading experts that are provided by institutions, including on first-generation students. As the goal of implemented at multiple sites with large student loan repayment options such as the FITW program is to identify sample sizes to allow for more rapid income driven repayment plans and strategies that work in improving the development, evaluation, and scaling of public service loan forgiveness and debt postsecondary outcomes of these practices determined to be effective. management; students, and because, in some cases, Types of Priorities: (ii) Personalized approaches to MSIs face unique challenges, it is When inviting applications for a financial aid delivery, counseling, important that the FITW program competition using one or more advising, and other support activities supports projects at MSIs. Accordingly, priorities, we designate the type of each which may include early warning the Department proposes this priority to priority as absolute, competitive systems, use of predictive analytics, prioritize projects at MSIs. This preference, or invitational through a need based aid, emergency aid, or proposed priority could be used as an notice in the Federal Register. The bonuses or other incentives for absolute priority to set aside a specific effect of each type of priority follows: successful outcomes such as on-time amount of funds to support projects at Absolute priority: Under an absolute academic progress and completion. MSIs, or to give competitive preference priority, we consider only applications Note: As with any project supported by the points to applicants that are MSIs. The that meet the priority (34 CFR FITW program, grantees may not disburse lead applicant under this proposed 75.105(c)(3)). project funds under this priority to students priority must be an MSI. Competitive preference priority: for the purpose of providing student aid. Proposed Priority 8: Improving Under a competitive preference priority, FITW funds may be used to pay project costs Postsecondary Student Outcomes at we give competitive preference to an such as costs for the design, administration, Minority-Serving Institutions. The application by (1) awarding additional and evaluation of aid programs or financial Secretary gives priority to projects points, depending on the extent to aid strategies. designed to improve student outcomes which the application meets the priority Proposed Priority 7—Implementing at Minority-Serving Institutions (as (34 CFR 75.105(c)(2)(i)); or (2) selecting Low Cost-High Impact Strategies To defined in this notice). an application that meets the priority Improve Student Outcomes. Proposed Priority 9—Systems and over an application of comparable merit Background: Given the limited Consortia Focused on Large-Scale that does not meet the priority (34 CFR resources of secondary schools, Impact. 75.105(c)(2)(ii)). institutions of higher education, and Background: The Department is Invitational priority: Under an other relevant stakeholders, the cost including this proposed priority to invitational priority, we are particularly effectiveness of any intervention encourage the formation of college interested in applications that meet the designed to improve student outcomes consortia and systems that can priority. However, we do not give an is of primary importance. In recent collaborate with leading experts to application that meets the priority a years, numerous institutions, implement promising strategies that preference over other applications (34 researchers, and others have begun address key barriers to completion. This CFR 75.105(c)(1)). testing interventions that are relatively would allow applicants to increase the Proposed Requirements, Selection low cost but have the ability to have a number of students participating in or Criterion, and Definitions: high impact on student outcomes. Many impacted by a project and would allow This notice contains eight proposed of these interventions minimize cost for development, testing, and robust requirements, one proposed selection through the use of technology, such as evaluation of projects at multiple sites criterion, and three proposed digital messaging. Others incorporate whose results could be more rapidly definitions. low cost approaches, such as non- generalized and applied to other Background: The proposed cognitive interventions. We are institutions. While Validation and requirements, selection criterion, and particularly interested in effective low Scale-up projects would be designed to definitions would allow the Department cost interventions because even serve relatively larger numbers of to set the eligibility, evidence, and institutions with limited resources students across multiple institutions, evaluation expectations for grant would be able to scale such strategies to Development projects may be more recipients under the FITW program. We impact large numbers of students, and, limited in scope so long as they have the may also use requirements, selection such interventions, particularly those sample size necessary to meet the criteria, or definitions from 34 CFR parts that use technology, are often easily proposed requirements for evaluation 75 and 77 and other sections of the replicable. This proposed priority could design described below. Encouraging Education Department General be used in combination with other greater collaboration with other Administrative Regulations (EDGAR). priorities. institutions and partners would enable Accordingly, we are not proposing Proposed Priority 7: Implementing postsecondary institutions and systems requirements, selection criteria, and Low Cost-High Impact Strategies To to expand the number of students definitions in this notice that are Improve Student Outcomes. The served by a project, more rapidly already included in EDGAR.

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The Department may award three students, would identify the core available in the FY 2015 FITW grant types of grants under this program: elements of the practice, and would competition? The Department ‘‘Development’’ grants, ‘‘Validation’’ codify the practices to support adoption encourages commenters responding to grants, and ‘‘Scale-up’’ grants. These or replication by the applicant and other this question to provide citations or grants differ in terms of the level of entities. links to any studies they believe would prior evidence of effectiveness required (3) Scale-up grants provide funding to meet the moderate evidence of for consideration of funding, the level of expand projects supported by greater effectiveness standard. scale the funded project should reach, evidence than would be required for • Are there a sufficient number of and, consequently, the amount of Development or Validation grants, likely postsecondary strategies or funding available to support the project. strong evidence of effectiveness (as interventions addressing important We provide an overview to clarify our defined in 34 CFR 77.1(c)), and to a challenges in postsecondary education expectations for each grant type: larger number of sites than would be that are supported by strong evidence of (1) Development grants provide required for a Development or effectiveness (as defined in 34 CFR funding to support the development or Validation grant, such as across a 77.1(c)), the likely evidence standard testing of processes, products, strategies, system of institutions, across requirement that would be assigned by or practices that are supported by institutions in a State, a region, or the Department to a competition for relatively less evidence, likely strong nationally, or across institutions in a Scale-up grants, to warrant making theory (as defined in 34 CFR 77.1(c)) or labor market sector. In addition to Scale-up grants available in the FY 2015 evidence of promise (as defined in 34 improving outcomes for an increasing FITW grant competition? The CFR 77.1(c)), and whose efficacy should number of high-need students, Scale-up Department encourages commenters be systematically studied. Development grants will generate information about responding to this question to provide grants would support new or the students and contexts for which a citations or links to any studies they substantially more effective practices for practice is most effective. We expect believe would meet the strong evidence addressing widely shared challenges. that Scale-up grants would increase of effectiveness standard. Development projects are novel and practitioners’ and policymakers’ • Which of the proposed priorities significant nationally, not projects that understanding of strategies that allow should be included as absolute or simply implement existing practices in organizations or practices to expand competitive preference priorities in the additional locations or support needs quickly and efficiently while FY 2015 FITW program grant that are primarily local in nature. maintaining their effectiveness. competition? All Development grantees must Similar to Validation grants, all Scale- Proposed Requirements: evaluate the effectiveness of the project up grantees must evaluate the The Assistant Secretary proposes the at the level of scale required in the effectiveness of the FITW-supported following requirements for this program. notice inviting applications under practice that the project implements and We may apply one or more of these which they applied. expands; this is particularly important requirements in any year in which this (2) Validation grants provide funding in instances in which the proposed program is in effect. to expand projects supported by greater project includes changing the FITW- 1. Innovations that Improve Outcomes evidence than would be required for a supported practice in order to more for High-Need Students: The Secretary development grant, likely moderate efficiently reach the proposed level of may require that— evidence of effectiveness (as defined in scale (for example, by developing (a) Grantees must implement projects 34 CFR 77.1(c)), to multiple sites such technology-enabled training tools). The designed to improve outcomes of high- as multiple institutions. Validation evaluation of a Scale-up grant must need students (as defined in this notice) grants must further assess the identify the core elements of, and in postsecondary education; or, effectiveness of the FITW-supported codify, the FITW-supported practice (b) Grantees must implement projects practice through a rigorous evaluation, that the project implements to support designed to improve one or more of the with particular focus on the populations adoption or replication by other entities. following outcomes of high-need for and the contexts in which the We also expect that evaluations of students (as defined in this notice) in practice is most effective. We expect Scale-up grants would be conducted in postsecondary education: and consider it appropriate that each a variety of contexts and for a variety of (i) Persistence; applicant would propose to use the students in order to determine the (ii) Academic progress; Validation funding to build its capacity context(s) and population(s) for which (iii) Time to degree; or, to deliver the FITW-supported practice, the FITW-supported practice is most (iv) Completion. particularly early in the funding period, effective. 2. Eligibility: The Secretary may make to successfully reach the level of scale With respect to the proposed grants to, or enter into contracts with, proposed in its application. requirements, selection criterion, and one or more of the following: Additionally, we expect each applicant definitions, the Department is (a) A public or private non-profit to address any specific barriers to the particularly interested in brief institution of higher education, a public or growth or scaling of the organization or comments responding to the following private non-profit institution, or practice (including barriers related to questions: combinations of such institutions; or, cost-effectiveness) in order to deliver • Are there a sufficient number of (b) A public or private non-profit agency. the FITW-supported practice at the postsecondary strategies or The Secretary will announce the proposed level of scale and provide interventions addressing important eligible applicants in the NIA. strategies to address these barriers as challenges in postsecondary education part of its proposed scaling plan. that are supported by moderate Note: Section 741 of the HEA provides All Validation grantees must evaluate evidence of effectiveness (as defined in that, under the FIPSE, the Secretary is authorized to make grants to, or enter into the effectiveness of the practice that the 34 CFR 77.1(c)), the likely evidence contracts with, institutions of higher supported project implements and standard requirement that would be education, combinations of such institutions, expands. We expect that these assigned by the Department to a and other public and private nonprofit evaluations would be conducted in a competition for Validation grants, to institutions and agencies. The requirement variety of contexts and for a variety of warrant making Validation grants for eligibility simply restates these statutory

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provisions. In any grant competition under from their supporting study as closely as the scope and objectives of the approved this program, the Department could choose to possible. Where modifications to a cited application. allow applications from one or more of the process, product, strategy, or practice 6. Funding Categories: An applicant eligible entities, including public or private will be made to account for student or will be considered for an award only for non-profit educational institutions that are the type of FITW grant (Development, not institutions of higher education as institutional characteristics, resource defined under the HEA and public agencies limitations, or other special factors or to Validation, and Scale-up) for which it or third party non-profit organizations or address deficiencies identified by the applies. An applicant may not submit entities. cited study, the applicant must provide an application for the same proposed a justification or basis for the project under more than one type of 3. Types of FITW grants: Awards may modifications. Modifications may not be grant. be made for Development grants, proposed to the core aspects of any cited 7. Limit on Grant Awards: The Validation grants, and Scale-up grants. process, product, strategy, or practice. Secretary may choose to deny the award The Secretary will announce the type of 5. Evaluation: of a grant to an applicant if the grants that applicants may apply for in applicant already holds an active FITW the NIA. (a) The grantee must conduct an grant from a previous FITW competition 4. Evidence and Sample Size Independent Evaluation (as defined in or, if awarded, would result in the Standards: To be eligible for an award— this notice) of its project. The evaluation applicant receiving more than one FITW (a) An application for a Development must estimate the impact of the FITW- grant in the same year. grant must be supported by one of the supported practice (as implemented at 8. Management Plan: Within 100 days following: the proposed level of scale) on a of a grant award, the grantee must (i) Evidence of promise (as defined in relevant outcome (as defined in 34 CFR provide an updated comprehensive 34 CFR 77.1(c)); 77.1(c)). management plan for the approved (ii) Strong theory (as defined in 34 (b) The evaluation design for a project in a format and using such tools CFR 77.1(c)); or Development grant, Validation grant, or as the Department may require. This (iii) Evidence of promise or strong Scale-up grant must meet one or either management plan must include detailed theory. of the following standards: The Secretary will announce in the (i) What Works Clearing Standards information about implementation of notice inviting applications which without reservations (as defined in 34 the first year of the grant, including key evidence standard will apply to a CFR 77.1(c)); or milestones, staffing details, and other Development grant in a given (ii) What Works Clearinghouse information that the Department may competition. Under (a)(iii), applicants Standards with reservations (as defined require. It must also include a complete must identify whether their application in 34 CFR 77.1(c)). list of performance metrics, including is supported by evidence of promise or The Secretary will announce in the baseline measures and annual targets. strong theory. NIA the evaluation standard(s) that will The grantee must update this (b) An application for a Validation apply to each type of FITW grant management plan at least annually to grant must be supported by moderate (Development, Validation, or Scale-up) reflect implementation of subsequent evidence of effectiveness (as defined in that is available. years of the project and provide the 34 CFR 77.1(c)). (c) The grantee must make broadly updated management plan to the (c) An application for a Scale-up grant available digitally and free of charge, Department. must be supported by strong evidence of through formal (e.g., peer-reviewed Proposed Selection Criterion: effectiveness (as defined in 34 CFR journals) or informal (e.g., newsletters) The Assistant Secretary proposes the 77.1(c)). mechanisms, the results of any following selection criterion for (d) The Secretary may require that an evaluations it conducts of its funded evaluating an application under this application for a Development grant, activities. The grantee must also ensure program. We may apply this criterion or Validation grant, or Scale-up grant must that the data from its evaluation are any of the selection criteria from 34 CFR be supported by one or more of the made available to third-party part 75 in any year in which this following levels of sample size: researchers consistent with applicable program is in effect. In the notice (i) Large sample (as defined in 34 CFR privacy requirements. inviting applications, the application 77.1(c)); (d) The grantee and its independent package, or both, we will announce the (ii) Multi-site sample (as defined in 34 evaluator must agree to cooperate on an maximum points assigned to each CFR 77.1(c)), such as at multiple ongoing basis with any technical selection criteria. institutions; or assistance provided by the Department 1. Collaborations: The extent to which (iii) Scaled multi-site sample, such as or its contractor, including any the proposed project is designed to across a system of institutions, across technical assistance provided to ensure engage individuals or entities with institutions in a State, a region, or that the evaluation design meets the expertise, experience, and knowledge nationally, or across institutions in a required evaluation standards, and regarding the project’s activities, such as labor market sector. comply with the requirements of any postsecondary institutions, non-profit The Secretary will announce in the evaluation of the program conducted by organizations, experts, academics, and NIA which sample size standards will the Department. This includes practitioners. apply to each type of FITW grant providing to the Department, within 100 Note: This proposed selection criterion— (Development, Validation, or Scale-up) days of a grant award, an updated Collaborations—would assess the extent to that is available. comprehensive evaluation plan in a which applicants collaborate with (e) Where evidence of promise, format and using such tools as the knowledgeable or experienced parties in moderate evidence of effectiveness, or Department may require. Grantees must designing and implementing their projects. It is intended to encourage such collaboration strong evidence of effectiveness is update this evaluation plan at least in order to increase the quality of an required to receive a grant, an annually to reflect any changes to the application and project. The purpose of the applicant’s project must propose to evaluation and provide the updated Collaborations selection criterion is distinct implement the core aspects of the evaluation plan to the Department. All from the purpose of Proposed Priority 8— process, product, strategy, or practice of these updates must be consistent with Implementing Partnerships Focused on

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Large-scale Impact, which focuses on adversely affect a sector of the economy, might result from technological increasing impact. The proposed selection productivity, competition, jobs, the innovation or anticipated behavioral criterion for Collaborations would not assess environment, public health or safety, or changes.’’ scope of impact. Rather, it would determine State, local, or tribal governments or We are issuing these proposed whether an applicant has engaged relevant priorities, requirements, selection third party experts in designing the project. communities in a material way (also referred to as an ‘‘economically criterion, and definitions only upon a Proposed Definitions: significant’’ rule); reasoned determination that their The Assistant Secretary proposes the (2) Create serious inconsistency or benefits would justify their costs. In following definitions for this program. otherwise interfere with an action taken choosing among alternative regulatory We may apply one or more of these or planned by another agency; approaches, we selected those definitions in any year in which this (3) Materially alter the budgetary approaches that would maximize net program is in effect. impacts of entitlement grants, user fees, benefits. Based on the analysis that 1. High-need student means a student or loan programs or the rights and follows, the Department believes that at risk of education failure or otherwise obligations of recipients thereof; or this regulatory action is consistent with in need of special assistance and (4) Raise novel legal or policy issues the principles in Executive Order 13563. support such as adult learners, working arising out of legal mandates, the We also have determined that this students, part-time students, students President’s priorities, or the principles regulatory action would not unduly from low-income backgrounds, students stated in the Executive order. interfere with State, local, and tribal of color, first-generation students, and This proposed regulatory action is not governments in the exercise of their students who are English learners. a significant regulatory action subject to governmental functions. 2. Independent evaluation means an review by OMB under section 3(f) of In accordance with both Executive evaluation that is designed and carried Executive Order 12866. orders, the Department has assessed the out independent of and external to the We have also reviewed this proposed potential costs and benefits, both grantee, but in coordination with, any regulatory action under Executive Order quantitative and qualitative, of this employees of the grantee who develop 13563, which supplements and regulatory action. The potential costs a process, product, strategy, or practice explicitly reaffirms the principles, are those resulting from statutory and are implementing it. structures, and definitions governing requirements and those we have 3. Minority-serving institution means regulatory review established in determined as necessary for an institution that is eligible to receive Executive Order 12866. To the extent administering the Department’s assistance under sections 316 through permitted by law, Executive Order programs and activities. 320 of part A of Title III, under part B 13563 requires that an agency— Intergovernmental Review: This of Title III, or under Title V of the HEA. (1) Propose or adopt regulations only program is subject to Executive Order Final Priorities, Requirements, on a reasoned determination that their 12372 and the regulations in 34 CFR Selection Criterion, and Definitions: benefits justify their costs (recognizing part 79. One of the objectives of the We will announce the final priorities, that some benefits and costs are difficult Executive order is to foster an requirements, selection criterion, and to quantify); intergovernmental partnership and a definitions in a notice in the Federal (2) Tailor its regulations to impose the strengthened federalism. The Executive Register. We will determine the final least burden on society, consistent with order relies on processes developed by priorities, requirements, selection obtaining regulatory objectives and State and local governments for criterion, and definitions after taking into account—among other things coordination and review of proposed considering responses to this notice and and to the extent practicable—the costs Federal financial assistance. other information available to the of cumulative regulations; This document provides early Department. This notice does not (3) In choosing among alternative notification of our specific plans and preclude us from proposing additional regulatory approaches, select those actions for this program. priorities, requirements, definitions, or approaches that maximize net benefits Accessible Format: Individuals with selection criteria, subject to meeting (including potential economic, disabilities can obtain this document in applicable rulemaking requirements. environmental, public health and safety, an accessible format (e.g., braille, large and other advantages; distributive print, audiotape, or compact disc) on Note: This notice does not solicit impacts; and equity); request to the program contact person applications. In any year in which we choose (4) To the extent feasible, specify listed under FOR FURTHER INFORMATION to use one or more of these priorities, requirements, selection criterion, and performance objectives, rather than the CONTACT. definitions, we invite applications through a behavior or manner of compliance a Electronic Access to This Document: notice in the Federal Register. regulated entity must adopt; and The official version of this document is (5) Identify and assess available the document published in the Federal Executive Orders 12866 and 13563 alternatives to direct regulation, Register. Free Internet access to the including economic incentives—such as official edition of the Federal Register Regulatory Impact Analysis user fees or marketable permits—to and the Code of Federal Regulations is Under Executive Order 12866, the encourage the desired behavior, or available via the Federal Digital System Secretary must determine whether this provide information that enables the at: www.gpo.gov/fdsys. At this site you regulatory action is ‘‘significant’’ and, public to make choices. can view this document, as well as all therefore, subject to the requirements of Executive Order 13563 also requires other documents of this Department the Executive Order and subject to an agency ‘‘to use the best available published in the Federal Register, in review by the Office of Management and techniques to quantify anticipated text or Adobe Portable Document Budget (OMB). Section 3(f) of Executive present and future benefits and costs as Format (PDF). To use PDF you must Order 12866 defines a ‘‘significant accurately as possible.’’ The Office of have Adobe Acrobat Reader, which is regulatory action’’ as an action likely to Information and Regulatory Affairs of available free at the site. result in a rule that may— OMB has emphasized that these You may also access documents of the (1) Have an annual effect on the techniques may include ‘‘identifying Department published in the Federal economy of $100 million or more, or changing future compliance costs that Register by using the article search

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feature at: www.federalregister.gov. arrangements should be made for Table of Contents Specifically, through the advanced deliveries of boxed information. I. Background search feature at this site, you can limit Instructions: Direct your comments to A. 2006 24-Hour PM2.5 NAAQS and your search to documents published by Docket ID No. EPA–R10–OAR–2013– Interstate Transport the Department. 0581. The EPA’s policy is that all B. Rules Addressing Interstate Transport Dated: February 13, 2015. comments received will be included in for the 2006 24-Hour PM2.5 NAAQS the public docket without change and C. Guidance Ted Mitchell, may be made available online at II. State Submittal Under Secretary. www.regulations.gov, including any III. EPA Evaluation [FR Doc. 2015–03502 Filed 2–20–15; 8:45 am] personal information provided, unless A. Identification of Nonattainment and BILLING CODE 4000–01–P the comment includes information Maintenance Receptors B. Evaluation of Significant Contribution to claimed to be Confidential Business Nonattainment Information (CBI) or other information C. Evaluation of Interference With ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. Maintenance AGENCY Do not submit information that you IV. Proposed Action consider to be CBI or otherwise V. Statutory and Executive Order Reviews 40 CFR Part 52 protected through www.regulations.gov I. Background or email. The www.regulations.gov Web [EPA–R10–OAR–2013–0581; FRL–9923–37– site is an ‘‘anonymous access’’ system, A. 2006 24-Hour PM2.5 NAAQS and Region 10] which means the EPA will not know Interstate Transport your identity or contact information Approval and Promulgation of On September 21, 2006, the EPA Implementation Plans; Idaho: unless you provide it in the body of your comment. If you send an email promulgated a final rule revising the Interstate Transport of Fine Particulate 1997 24-hour primary and secondary Matter comment directly to the EPA without going through www.regulations.gov your NAAQS for PM2.5 from 65 micrograms m 3 m 3 AGENCY: Environmental Protection email address will be automatically per cubic meter ( g/m ) to 35 g/m Agency. captured and included as part of the (October 17, 2006, 71 FR 61144). Section 110(a)(1) of the CAA requires ACTION: Proposed rule. comment that is placed in the public docket and made available on the each state to submit to the EPA, within SUMMARY: The Clean Air Act (CAA) Internet. If you submit an electronic three years (or such shorter period as requires each State Implementation Plan comment, the EPA recommends that the Administrator may prescribe) after (SIP) to contain adequate provisions you include your name and other the promulgation of a primary or prohibiting air emissions that will have contact information in the body of your secondary NAAQS or any revision certain adverse air quality effects in comment and with any disk or CD–ROM thereof, a SIP that provides for the other states. On June 28, 2010, the State you submit. If the EPA cannot read your ‘‘implementation, maintenance, and of Idaho submitted a SIP revision to the comment due to technical difficulties enforcement’’ of such NAAQS. The EPA Environmental Protection Agency (EPA) and cannot contact you for clarification, refers to these specific submittals as to address these interstate transport the EPA may not be able to consider ‘‘infrastructure’’ SIPs because they are requirements with respect to the 2006 your comment. Electronic files should intended to address basic structural SIP requirements for new or revised 24-hour fine particulate matter (PM2.5) avoid the use of special characters, any

National Ambient Air Quality Standards form of encryption, and be free of any NAAQS. For the 2006 24-hour PM2.5 (NAAQS). The EPA is proposing to find defects or viruses. NAAQS, these infrastructure SIPs were that Idaho has adequately addressed Docket: All documents in the docket due on September 21, 2009. CAA certain CAA interstate transport are listed in the www.regulations.gov section 110(a)(2) includes a list of specific elements that ‘‘[e]ach such plan requirements for the 2006 24-hour PM2.5 index. Although listed in the index, NAAQS. some information is not publicly submission’’ must meet. DATES: Written comments must be available, e.g., CBI or other information The interstate transport provisions in received on or before March 25, 2015. the disclosure of which is restricted by CAA section 110(a)(2)(D)(i) (also called ‘‘good neighbor’’ provisions) require ADDRESSES: Submit your comments, statute. Certain other material, such as each state to submit a SIP that prohibits identified by Docket ID No. EPA–R10– copyrighted material, is not placed on emissions that will have certain adverse OAR–2013–0581, by any of the the Internet and will be publicly air quality effects in other states. CAA following methods: available only in hard copy. Publicly section 110(a)(2)(D)(i) identifies four • www.regulations.gov: Follow the available docket materials are available distinct elements related to the impacts on-line instructions for submitting either electronically in of air pollutants transported across state comments. www.regulations.gov or in hard copy lines. In this action, the EPA is • Email: R10-Public_Comments@ during normal business hours at the addressing the first two elements of this epa.gov. Office of Air, Waste and Toxics, EPA section, specified at CAA section • Mail: Kristin Hall, EPA Region 10, Region 10, 1200 Sixth Avenue, Seattle, 110(a)(2)(D)(i)(I),1 for the 2006 24-hour Office of Air, Waste and Toxics (AWT– WA 98101. PM NAAQS. 150), 1200 Sixth Avenue Suite 900, FOR FURTHER INFORMATION CONTACT: 2.5 Seattle, WA 98101. Kristin Hall at (206) 553–6357, • [email protected], or the above EPA, 1 This proposed action does not address the two Hand Delivery/Courier: EPA Region elements of the interstate transport SIP provision in 10 9th Floor Mailroom, 1200 Sixth Region 10 address. CAA section 110(a)(2)(D)(i)(II) regarding Avenue Suite 900, Seattle, WA 98101. SUPPLEMENTARY INFORMATION: interference with measures required to prevent Attention: Kristin Hall, Office of Air, Throughout this document wherever significant deterioration of air quality or to protect visibility in another state. We previously approved Waste and Toxics, AWT—150. Such ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is the Idaho SIP for purposes of CAA section deliveries are only accepted during intended to refer to the EPA. 110(a)(2)(D)(I)(II) for the 2006 24-hour PM2.5 normal hours of operation, and special Information is organized as follows: NAAQS on July 14, 2014 (79 FR 40662).

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The first element of CAA section regarding whether emissions from requirement in CAA section 110(a)(2)(D)(i)(I) requires that each SIP sources in Idaho significantly contribute 110(a)(2)(D)(i)(I) that state SIPs contain for a new or revised NAAQS contain to nonattainment or interfere with adequate provisions prohibiting adequate provisions to prohibit any maintenance of the 2006 24-hour PM2.5 emissions that would interfere with source or other type of emissions NAAQS in another state, nor did it maintenance of the NAAQS by any activity within the state from emitting attempt to quantify Idaho’s obligation.6 other state, the Guidance stated that SIP air pollutants that will ‘‘contribute submissions must address this C. Guidance significantly to nonattainment’’ of the independent requirement of the statute NAAQS in another state. The second On September 25, 2009, the EPA and provide technical information element of CAA section 110(a)(2)(D)(i)(I) issued a guidance memorandum that appropriate to support the state’s requires that each SIP contain adequate addressed the requirements of CAA conclusions, such as information provisions to prohibit any source or section 110(a)(2)(D)(i) for the 2006 24- concerning emissions in the state, other type of emissions activity in the hour PM2.5 NAAQS (‘‘2006 24-hour meteorological conditions in the state state from emitting air pollutants that PM2.5 NAAQS Infrastructure Guidance’’ and in potentially impacted states, will ‘‘interfere with maintenance’’ of the or ‘‘Guidance’’).7 With respect to the monitored ambient concentrations in applicable NAAQS in any other state. requirement in CAA section the state and in potentially impacted 110(a)(2)(D)(i)(I) that state SIPs contain states, and air quality modeling. See B. Rules Addressing Interstate Transport adequate provisions prohibiting footnotes 5 and 6. for the 2006 24-Hour PM2.5 NAAQS emissions that would contribute In this action, the EPA is proposing to The EPA has addressed the interstate significantly to nonattainment of the use the conceptual approach to transport requirements of CAA section NAAQS in any other state, the 2006 24- evaluating interstate pollution transport 110(a)(2)(D)(i)(I) in past regulatory hour PM2.5 NAAQS Infrastructure under CAA section 110(a)(2)(D)(i)(I) for 2 actions. The EPA promulgated the final Guidance essentially reiterated the the 2006 24-hour PM2.5 NAAQS with Cross-State Air Pollution Rule recommendations for western states respect to Idaho that the EPA explained (Transport Rule) to address CAA section made by the EPA in previous guidance in the 2006 24-hour PM2.5 NAAQS 110(a)(2)(D)(i)(I) in the eastern portion addressing the CAA section Infrastructure Guidance. The EPA of the United States with respect to the 110(a)(2)(D)(i) requirements for the 1997 believes that the CAA section 8 2006 PM2.5 NAAQS, the 1997 PM2.5 8-hour ozone and 1997 PM2.5 NAAQS. 110(a)(2)(D)(i)(I) SIP submission from NAAQS, and the 1997 8-hour ozone The 2006 24-hour PM2.5 NAAQS Idaho for the 2006 24-hour PM2.5 NAAQS (August 8, 2011, 76 FR 48208). Infrastructure Guidance advised states NAAQS may be evaluated using a The Transport Rule was intended to outside of the CAIR region to include in ‘‘weight of the evidence’’ approach that replace the earlier Clean Air Interstate their CAA section 110(a)(2)(D)(i)(I) SIPs takes into account available relevant Rule (CAIR) which was judicially adequate technical analyses to support information. Such information may remanded.3 See North Carolina v. EPA, their conclusions regarding interstate include, but is not limited to, the 531 F.3d 896 (D.C. Cir. 2008). On pollution transport, e.g., information amount of emissions in the state August 21, 2012, the U.S. Court of concerning emissions in the state, relevant to the 2006 24-hour PM2.5 Appeals for the D.C. Circuit issued a meteorological conditions in the state NAAQS, the meteorological conditions decision vacating the Transport Rule. and in potentially impacted states, in the area, the distance from the state See EME Homer City Generation, L.P. v. monitored ambient pollutant to the nearest monitors in other states E.P.A., 696 F.3d 7 (D.C. Cir. 2012). The concentrations in the state and in that are appropriate receptors, or such Court also ordered the EPA to continue potentially impacted states, distances to other information as may be probative to implementing CAIR in the interim. the nearest areas not attaining the consider whether sources in the state However, on April 29, 2014, the U.S. NAAQS in other states, and air quality may contribute significantly to Supreme Court reversed and remanded modeling.9 With respect to the nonattainment or interfere with the D.C. Circuit’s ruling and upheld the maintenance of the 2006 24-hour PM2.5 EPA’s approach in the Transport Rule 6 Transport Rule or Cross-State Air Pollution NAAQS in other states. These for the issues that were in front of the Rule, 76 FR 48208 (August 8, 2011). submissions may rely on modeling 7 Supreme Court for review.4 On October See Memorandum from William T. Harnett when acceptable modeling technical 23, 2014, the D.C. Circuit lifted the stay entitled ‘‘Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24- analyses are available, but if not on the Transport Rule.5 While our Hour Fine Particle (PM2.5) National Ambient Air available, other available information evaluation is consistent with the Quality Standards (NAAQS),’’ September 25, 2009, can be sufficient to evaluate the Transport Rule approach, the State of available at http://www.epa.gov/ttn/caaa/t1/ presence or degree of interstate Idaho was not covered by either CAIR memoranda/20090925_harnett_pm25_sip_ 110a12.pdf. transport in a specific situation for the or the Transport Rule, and the EPA 8 See Memorandum from William T. Harnett 2006 24-hour PM2.5 NAAQS. For further made no determinations in either rule entitled ‘‘Guidance for State Implementation Plan explanation of this approach, see the (SIP) Submission to Meet Current Outstanding technical support document (TSD) in 2 Obligations Under Section 110(a)(2)(D)(i) for the 8- See NOX SIP Call, 63 FR 57371 (October 27, the docket for this action. 1998); Clean Air Interstate Rule (CAIR), 70 FR hour ozone and PM2.5 National Ambient Air Quality 25172 (May 12, 2005); and Transport Rule or Cross- Standards,’’ August 15, 2006, available at http:// State Air Pollution Rule, 76 FR 48208 (August 8, www.epa.gov/ttn/caaa/t1/memoranda/ II. State Submittal 2011). section110a2di_sip_guidance.pdf. CAA sections 110(a)(1) and (2) and 3 9 CAIR addressed the 1997 annual and 24-hour The 2006 24-hour PM2.5 NAAQS Infrastructure section 110(l) require that revisions to a PM2.5 NAAQS, and the 1997 8-hour ozone NAAQS. Guidance stated that EPA was working on a new SIP be adopted by the state after It did not address the 2006 24-hour PM2.5 NAAQS. rule to replace CAIR that would address issues For more information on CAIR, please see our July raised by the Court in the North Carolina case and reasonable notice and public hearing. 30, 2012 proposal for Arizona regarding interstate that would provide guidance to states in addressing The EPA has promulgated specific transport for the 2006 PM2.5 NAAQS (77 FR 44551, the requirements related to interstate transport in procedural requirements for SIP 44552). CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour 4 revisions in 40 CFR part 51, subpart F. EPA v. EME Homer City Generation, L.P., 134 PM2.5 NAAQS. It also noted that states could not S.Ct. 1584 (2014). rely on the CAIR rule for section 110(a)(2)(D)(i)(I) 5 USCA Case #11–1302, Document #1518738, submissions for the 2006 24-hour PM2.5 NAAQS See 2006 PM2.5 NAAQS Infrastructure Guidance Filed 10/23/2014. because the CAIR rule did not address this NAAQS. at 4.

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These requirements include publication under a two-state, one airshed approach PM2.5 NAAQS in Utah, within the Cache of notices, by prominent advertisement to address the nonattainment problems Valley. In the event that emissions from in the relevant geographic area, a public in the Logan UT–ID NAA. A detailed sources on the Idaho side of the Cache comment period of at least 30 days, and discussion of the Idaho 2010 Interstate Valley do significantly contribute to an opportunity for a public hearing. Transport submittal can be found in the nonattainment on the Utah side of the On June 28, 2010, Idaho submitted a technical support document (TSD) in Cache Valley, we have evaluated the SIP to address the interstate transport the docket for this action. current Idaho SIP, and control measures in the SIP addressing emissions within requirements of CAA section III. EPA Evaluation 110(a)(2)(D)(i) for the 8-hour ozone and the Cache Valley. We believe it is PM2.5 NAAQS (Idaho 2010 Interstate To determine whether the CAA reasonable to conclude that, taking cost Transport submittal).10 The Idaho 2010 section 110(a)(2)(D)(i)(I) requirements into account as the EPA has done in Interstate Transport submittal included are satisfied, the EPA must determine past interstate transport rulemakings, documentation of a public comment whether a state’s emissions will and which has been recently upheld as period from May 11, 2010 through June contribute significantly to a valid approach by the Supreme Court 10, 2010, and opportunity for public nonattainment or interfere with (See footnote 4), Idaho has adequately hearing. We find that the process maintenance in other states. If this addressed the interstate transport followed by Idaho in adopting the SIP factual finding is in the negative, then requirements of CAA section submittal complies with the procedural CAA section 110(a)(2)(D)(i)(I) does not 110(a)(2)(D)(i)(I) for the 2006 24-hour requirements for SIP revisions under require any changes to a state’s SIP. PM2.5 NAAQS. We are not, in this CAA section 110 and the EPA’s Consistent with the EPA’s approach in action, proposing to make any findings implementing regulations. the 1998 NOX SIP call, the 2005 CAIR, with respect to the attainment planning With respect to the requirement in and the 2011 Transport Rule, the EPA requirements of CAA title I, part D for CAA section 110(a)(2)(D)(i)(I), the Idaho is evaluating these impacts with respect the Logan UT–ID NAA. These 2010 Interstate Transport submittal to specific monitors identified as having requirements will be addressed in a referred to the applicable rules in the nonattainment and/or maintenance separate action. Below is a summary of Idaho SIP, meteorological and other problems, which we refer to as our evaluation. For the complete characteristics of areas with ‘‘receptors.’’ See footnote 2. evaluation, please see the TSD in the With respect to this proposed action, nonattainment problems for the 2006 docket for this action. the EPA notes that no single piece of 24-hour PM NAAQS in surrounding 2.5 information is by itself dispositive of the A. Identification of Nonattainment and states, source apportionment data that issue. Instead, the total weight of all the Maintenance Receptors provides information on how Idaho evidence taken together is used to The EPA evaluated data from existing sources influence PM levels at 2.5 evaluate significant contributions to monitors over three overlapping three- monitors in National Parks and nonattainment or interference with year periods (i.e., 2009–2011, 2010– wilderness areas surrounding Idaho. maintenance of the 2006 24-hour PM2.5 2012, and 2011–2013) to determine The Idaho submittal concluded that, NAAQS in another state. Our proposed which areas were violating the 2006 24- based on the weight of the evidence, the action takes into account the Idaho 2010 hour PM NAAQS and which areas Idaho SIP adequately addresses the 2.5 Interstate Transport submittal, a might have difficulty maintaining the interstate transport requirements of supplemental evaluation of monitors in standard. If a monitoring site measured CAA section 110(a)(2)(D)(i)(I) for the other states that are appropriate a violation of the 2006 24-hour PM2.5 2006 24-hour PM2.5 NAAQS. The Idaho ‘‘nonattainment receptors’’ or NAAQS during the most recent three- submittal made clear that such ‘‘maintenance receptors,’’ a review of year period (2011–2013), then this submittal did not address the 2006 24- monitoring data considered monitor location was evaluated for hour PM2.5 nonattainment problems in representative of background, and purposes of the significant contribution the Cache Valley, a mountain valley that revisions made to the Idaho SIP since to nonattainment element of CAA straddles the Utah-Idaho border. A the 2010 Interstate Transport submittal. section 110(a)(2)(D)(i)(I). If, on the other portion of the Cache Valley has been In particular, we have reviewed hand, a monitoring site showed designated nonattainment for the 2006 technical information developed since attainment of the 2006 24-hour PM2.5 24-hour PM2.5 NAAQS (Logan UT–ID the Idaho 2010 Interstate Transport NAAQS during the most recent three- 11 nonattainment area (NAA)). Idaho submittal, specifically the Idaho SIP year period (2011–2013) but a violation stated that the State is working directly revision submitted in December of 2012 in at least one of the previous two three- with Utah and EPA Regions 8 and 10 for purposes of addressing 24-hour year periods (2009–2011 or 2010–2012), PM2.5 problems in the Logan UT–ID then this monitor location was 10 The Idaho 2010 Interstate Transport submittal NAA. The EPA finalized a limited addressed the interstate transport requirements of evaluated for purposes of the the 1997 PM2.5, 1997 ozone, 2006 PM2.5, and 2008 approval of portions of this December interference with maintenance element ozone NAAQS. In this action, we are only taking 2012 SIP submittal on March 25, 2014 of the statute. action with respect to CAA section 110(a)(2)(D)(i)(I) (79 FR 16201). The State of Idaho was not covered by for the 2006 24-hour PM2.5 NAAQS. The EPA has Based on the analysis in our TSD in the modeling analyses available for the addressed CAA section 110(a)(2)(D)(i)(II) for the the docket for this action, we believe CAIR and the Transport Rule. The 2006 PM2.5 and 2008 ozone NAAQS in a separate action (July 14, 2014, 79 FR 40662). In addition, we that it is reasonable to conclude that approach described above is similar to previously approved the Idaho SIP for emissions from sources in Idaho do not the approach utilized by the EPA in 110(a)(2)(D)(i) with respect to the 1997 PM2.5 and significantly contribute to promulgating the CAIR and the 1997 ozone NAAQS on November 26, 2010 (75 FR 72705). Finally, we will address the requirements nonattainment or interfere with Transport Rule. By this method, the of CAA section 110(a)(2)(D)(i)(I) with respect to the maintenance of the 2006 24-hour PM2.5 EPA has identified those areas with 2008 ozone NAAQS in a future action. NAAQS in any other state, with the monitors to be considered 11 The EPA designated areas nonattainment for following exception. We are unable to ‘‘nonattainment receptors’’ or the 2006 24-hour PM2.5 NAAQS on November 13, 2009, including the Logan UT–ID nonattainment determine whether or not emissions ‘‘maintenance receptors’’ for evaluating area, commonly referred to as the Cache Valley from Idaho significantly contribute to whether the emissions from sources in nonattainment area (74 FR 58688). nonattainment of the 2006 24-hour another state could significantly

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contribute to nonattainment in, or emissions of PM2.5 on the Idaho side of of the 2006 24-hour PM2.5 NAAQS in interfere with maintenance in, that the Cache Valley (79 FR 16201). We any eastern state. particular area. note that because of a recent court IV. Proposed Action remand of related implementing B. Evaluation of Significant regulations,15 The EPA is proposing to find that Contribution to Nonattainment and the need to evaluate the controls for the Idaho side of the Idaho has adequately addressed the The EPA reviewed the Idaho 2010 Cache Valley in conjunction with the interstate transport requirements of Interstate Transport submittal and controls submitted for the Utah side of CAA section 110(a)(2)(D)(i)(I) for the additional technical information to the Cache Valley, we did not fully 2006 24-hour PM2.5 NAAQS. We are not, evaluate the potential for emissions approve the submittal as meeting all in this action, proposing to make any from sources in Idaho to contribute statutory nonattainment planning findings with respect to the attainment significantly to nonattainment of the requirements for the 2006 PM2.5 NAAQS planning requirements of CAA title I, 2006 24-hour PM2.5 NAAQS at specified (March 25, 2014; 79 FR 16201). part D for the Logan UT–ID NAA. These monitoring sites in the western United However, based on the analysis in our requirements will be addressed in a 12 States. The EPA first identified as TSD, we are proposing to determine that separate action. ‘‘nonattainment receptors’’ all Idaho’s SIP adequately addresses the monitoring sites in the western states V. Statutory and Executive Order requirements of CAA section Reviews that had recorded PM2.5 design values 110(a)(2)(D)(i)(I) for the 2006 24-hour above the level of the 2006 24-hour PM NAAQS, including with respect to Under the CAA, the Administrator is m 3 2.5 PM2.5 NAAQS (35 g/m ) during the Utah, within the Cache Valley. required to approve a SIP submission years 2011–2013.13 Please see the TSD that complies with the provisions of the in the docket for a more detailed C. Evaluation of Interference With CAA and applicable Federal regulations. description of the EPA’s methodology Maintenance 42 U.S.C. 7410(k); 40 CFR 52.02(a). for selection of nonattainment receptors. The EPA reviewed the Idaho 2010 Thus, in reviewing SIP submissions, the All of the nonattainment receptors we Interstate Transport SIP and additional EPA’s role is to approve state choices, identified in western states are in technical information to evaluate the provided that they meet the criteria of California, Idaho, Montana, Oregon, and potential for Idaho emissions to the CAA. Accordingly, this action Utah.14 interfere with maintenance of the 2006 merely proposes to approve state law as Based on the analysis in our TSD, we meeting Federal requirements and does believe it is reasonable to conclude that 24-hour PM2.5 NAAQS at specified monitoring sites in the western United not impose additional requirements emissions from sources in Idaho do not beyond those imposed by state law. For significantly contribute to States. The EPA first identified as ‘‘maintenance receptors’’ all monitoring that reason, this action: nonattainment of the 2006 24-hour • Is not a ‘‘significant regulatory PM NAAQS in any other state, with sites in the western states that had 2.5 recorded PM design values above the action’’ subject to review by the Office the possible exception of Utah, within 2.5 of Management and Budget under the Cache Valley. We also evaluated level of the 2006 24-hour PM2.5 NAAQS (35 mg/m3) during the 2009–2011 and/or Executive Order 12866 (58 FR 51735, nonattainment receptors in eastern October 4, 1993) and 13563 (76 FR 3821, states, as detailed in the TSD, and we 2010–2012 periods but below this standard during the 2011–2013 period. January 21, 2011); believe it is reasonable to conclude that • does not impose an information Please see our TSD for more information emissions from sources in Idaho do not collection burden under the provisions regarding the EPA’s methodology for significantly contribute to of the Paperwork Reduction Act (44 selection of maintenance receptors. All nonattainment of the 2006 24-hour U.S.C. 3501 et seq.); of the maintenance receptors we PM2.5 NAAQS in any eastern state. • is certified as not having a identified in western states are located On March 25, 2014, the EPA finalized significant economic impact on a in California, Montana, and Utah. a limited approval of specific residential substantial number of small entities wood burning ordinances and road As detailed in the TSD, we believe it under the Regulatory Flexibility Act (5 sanding agreements addressing is reasonable to conclude that emissions U.S.C. 601 et seq.); from sources in Idaho do not interfere • does not contain any unfunded 12 The EPA has also considered potential PM2.5 with maintenance of the 2006 24-hour mandate or significantly or uniquely transport from Idaho to the nearest nonattainment PM2.5 NAAQS in these states. We also affect small governments, as described and maintenance receptors located in the eastern, evaluated maintenance receptors in midwestern, and southern states covered by the in the Unfunded Mandates Reform Act Transport Rule and believes it is reasonable to eastern states, as detailed in the TSD, of 1995 (Pub. L. 104–4); conclude that, given the significant distance from and we believe it is reasonable to • does not have Federalism Idaho to the nearest such receptor (in Illinois) and conclude that emissions from sources in the relatively insignificant amount of emissions implications as specified in Executive from Idaho that could potentially be transported Idaho do not interfere with maintenance Order 13132 (64 FR 43255, August 10, such a distance, emissions from Idaho sources do 1999); not significantly contribute to nonattainment or 15 On January 4, 2013, the U.S. Court of Appeals • is not an economically significant interfere with maintenance of the 2006 24-hour in the District of Columbia, in Natural Resources regulatory action based on health or PM2.5 NAAQS at this location. These same factors Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.), also support a finding that emissions from Idaho issued a judgment that remanded two of the EPA’s safety risks subject to Executive Order sources neither contribute significantly to rules implementing the 1997 PM2.5 NAAQS, 13045 (62 FR 19885, April 23, 1997); nonattainment nor interfere with maintenance of including the ‘‘Implementation of New Source • is not a significant regulatory action the 2006 24-hour PM2.5 NAAQS at any location Review (NSR) Program for Particulate Matter Less subject to Executive Order 13211 (66 FR further east. See TSD at Section II.C. Than 2.5 Micrometers (PM2.5),’’ (73 FR 28321, May 13 28355, May 22, 2001); Because CAIR did not cover states in the 16, 2008) (2008 PM2.5 NSR Implementation Rule). • western United States, these data are not The Court ordered the EPA to ‘‘repromulgate these is not subject to requirements of significantly impacted by the remanded CAIR at the rules pursuant to Subpart 4 consistent with this Section 12(d) of the National time and thus could be considered in this analysis. opinion.’’ Id. at 437. Subpart 4 of Part D, Title 1 of Technology Transfer and Advancement 14 As this analysis is focused on interstate the CAA establishes additional provisions for transport, the EPA did not evaluate the impact of particulate matter nonattainment areas. On June 2, Act of 1995 (15 U.S.C. 272 note) because Idaho emissions on nonattainment receptors within 2014, the EPA repromulgated these rules pursuant it does not involve technical standards; Idaho. to Subpart 4 (79 FR 31566). and

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• does not provide the EPA with the ACTION: Proposed rule; extension of 1404; email address: TSCA-Hotline@ discretionary authority to address, as comment period. epa.gov. appropriate, disproportionate human health or environmental effects, using SUMMARY: EPA issued a proposed rule in SUPPLEMENTARY INFORMATION: This practicable and legally permissible the Federal Register of January 15, document extends the public comment methods, under Executive Order 12898 2015, concerning 2,4-toluene period established in the Federal (59 FR 7629, February 16, 1994). diisocyanate, 2,6-toluene diisocyanate, Register document of January 15, 2015. In addition, the SIP is not approved toluene diisocyanate unspecified In that document, EPA proposed the to apply on any Indian reservation land isomers (these three chemical significant new use is any use in a or in any other area where the EPA or substances are hereafter referred to as consumer product, with a proposed an Indian tribe has demonstrated that a toluene diisocyanates or TDI) and exception for use of certain chemical tribe has jurisdiction. In those areas of related compounds. This document substances in coatings, elastomers, Indian country, the rule does not have extends the comment period for 45 adhesives, binders, and sealants that days, from March 16, 2015, to April 30, tribal implications as specified by results in less than or equal to 0.1 2015. The comment period is being Executive Order 13175 (65 FR 67249, percent by weight of TDI in a consumer November 9, 2000), nor will it impose extended because EPA received product. In addition, EPA also proposed substantial direct costs on tribal comments asserting that there may be that the general SNUR exemption for governments or preempt tribal law. significant implications for the supply chain and it is critical that interested persons who import or process these List of Subjects in 40 CFR Part 52 stakeholders have sufficient time to chemical substances as part of an article Environmental protection, Air respond to the proposed rulemaking. would not apply. EPA is hereby extending the comment period, which pollution control, Incorporation by DATES: The comment period for the reference, Intergovernmental relations, proposed rule published on January 15, was set to end on March 16, 2015, to Particulate matter, Reporting and 2015 (80 FR 2068), is extended. April 30, 2015. recordkeeping requirements. Comments, identified by docket To submit comments, or access the Authority: 42 U.S.C. 7401 et seq. identification (ID) number EPA–HQ– docket, please follow the detailed Dated: February 5, 2015. OPPT–2011–0976, must be received on instructions provided under ADDRESSES Dennis J. McLerran, or before April 30, 2015. in the Federal Register document of Regional Administrator, Region 10. ADDRESSES: Follow the detailed January 15, 2015. If you have questions, [FR Doc. 2015–03573 Filed 2–20–15; 8:45 am] instructions provided under ADDRESSES consult the technical person listed FOR FURTHER INFORMATION BILLING CODE 6560–50–P in the Federal Register document of under January 15, 2015 (80 FR 2068) (FRL– CONTACT. 9915–62). List of Subjects in 40 CFR Part 721 ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: For AGENCY technical information contact: Environmental protection, Chemicals, Katherine Sleasman, Chemical Control Hazardous substances, Reporting and 40 CFR Part 721 Division (7405M), Office of Pollution recordkeeping requirements. [EPA–HQ–OPPT–2011–0976; FRL–9922–45] Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Dated: February 4, 2015. RIN 2070–AJ91 Ave. NW., Washington, DC 20460–0001; Wendy C. Hamnett, Toluene Diisocyanates (TDI) and telephone number: (202) 564–7716; Director, Office of Pollution Prevention and Related Compounds; Significant New email address: sleasman.katherine@ Toxics. Use Rule; Extension of Comment epa.gov. [FR Doc. 2015–03301 Filed 2–20–15; 8:45 am] For general information contact: The Period BILLING CODE 6560–50–P TSCA-Hotline, ABVI-Goodwill, 422 AGENCY: Environmental Protection South Clinton Ave., Rochester, NY Agency (EPA). 14620; telephone number: (202) 554–

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Notices Federal Register Vol. 80, No. 35

Monday, February 23, 2015

This section of the FEDERAL REGISTER United States on December 1 of each changes are explained below and are contains documents other than rules or year in the future. discussed in more detail in the Agency’s proposed rules that are applicable to the Countries applying for initial responses to comments. public. Notices of hearings and investigations, equivalence determinations after Improvements to the Document Review committee meetings, agency decisions and February 23, 2015 must submit their rulings, delegations of authority, filing of Process petitions and applications and agency completed SRTs within one year of statements of organization and functions are receiving the SRT. A foreign country interested in examples of documents appearing in this FOR FURTHER INFORMATION CONTACT: Dr. exporting to the United States is section. Daniel L. Engeljohn, Assistant required to submit information Administrator, Office of Policy and concerning its food regulatory system to Program Development; Telephone: (202) FSIS (see 9 CFR 327.2(a)(2)(iii), DEPARTMENT OF AGRICULTURE 205–0495. 381.196(a)(2)(iii), and 590.910). As SUPPLEMENTARY INFORMATION: explained in the January 2013 Federal Food Safety and Inspection Service Register notice, FSIS uses the Background equivalence questionnaire, called the [Docket No. FSIS–2014–0039] In a notice published in the Federal SRT, to collect this information for the Document Reviews of Foreign Food Register of January 25, 2013 (78 FR Agency’s document review of the food Regulatory Systems: New Web-based 5409) (hereafter ‘‘the Federal Register regulatory system of foreign countries Self-Reporting Tool notice’’), FSIS described how it that are listed in the regulations as conducts ongoing equivalence eligible to export meat, poultry, or egg AGENCY: Food Safety and Inspection verifications of the food regulatory products to the United States and for Service, USDA. systems of countries that export meat, countries interested in becoming ACTION: Response to comments; notice poultry, or processed egg products to eligible (78 FR 5411). The SRT is a of availability. the United States. FSIS uses a three-part repository for key documents about a approach that includes (1) document foreign food safety inspection system SUMMARY: FSIS is making available to reviews, (2) on-site system audits, and (e.g., inspection system laws, the public its new Web-based Self- (3) POE reinspections. FSIS determines regulations, and policy issuances) that Reporting Tool (SRT) that it will be the scope and frequency of on-site FSIS uses, in addition to on-site audits, sending to foreign countries to report systems audits based on its analysis of to verify whether the laws, regulations, information on their food regulatory the results of its document reviews and and implementing policies of a foreign systems for the purpose of establishing ongoing assessment of a country’s country establish an inspection system that the systems are, or continue to be, performance. This performance-based that is equivalent to the U.S. system. It equivalent to that of the United States’ approach allows FSIS to direct its audit also allows FSIS to evaluate whether a system. The Agency will send a letter to resources to foreign food regulatory country maintains system effectiveness foreign countries with instructions on systems that appear to pose a greater and to assess any impacts that an how to access and use the Web-based risk to public health than other foreign administrative or legislative change has SRT. FSIS is also responding to the systems. had on a foreign food regulatory system. comments on its document review FSIS invited interested persons to FSIS conducts a document review at process for determining and verifying submit comments on its new least annually. equivalence that the Agency received in methodology by March 26, 2013. FSIS The information in the SRT allows response to the Federal Register notice received approximately 31 comments FSIS to conduct a comprehensive that it published on January 25, 2013, from foreign countries, trade consulting assessment of a foreign country’s food on the use of the SRT. FSIS evaluates groups, consumer groups, private safety regulatory system. These the information provided in the SRT citizens, a trade association representing comprehensive assessments inform the and uses it, along with the results of on- the meat industry, and a member of the Agency’s determination of whether a site systems audits and port-of-entry U.S. Congress. Twelve of those country’s system should be found (POE) reinspections, to make a comments concerned the Agency’s equivalent and the country eligible to determination on equivalence. document review process. In this notice, export product into the United States. DATES: On February 17, 2015, FSIS will FSIS is responding only to the FSIS also assesses information in the make available to the public the new comments that it received on its SRT on an ongoing basis to verify Web-based SRT. To ensure that a document review process. A summary whether a country maintains complete and up-to-date SRT is being of comments on the Agency’s document equivalence. considered as part of FSIS’s annual review process and the Agency’s In the past, the SRT was available in assessment of country performance, responses are below. The Agency will a Microsoft Word format, and once countries that are currently eligible to address the other comments in a future completed by the country, it was export meat, poultry, and egg products Federal Register document. submitted to FSIS along with to the United States must submit their On the basis of information provided corresponding supporting completed SRTs to FSIS before May 18 by commenters, FSIS’s experience in documentation either by mail or email of 2015 and annually before May 18 conducting document reviews, and the communication. A PDF copy of the thereafter. FSIS will send SRTs to all Agency’s analysis of available SRT data, Microsoft Word version of the SRT is countries currently eligible to export FSIS has decided to make two changes available on FSIS’s Web site at: http:// meat, poultry, and egg products to the to its document review process. The www.fsis.usda.gov/wps/wcm/connect/

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7893547e-d0d2-4fa9-a984- the revised SRT asks fewer and more of actions directed at product presented fdc17228bfcd/SRT.pdf?MOD=AJPERES. targeted questions necessary for FSIS to for reinspection (e.g., intensified testing On February 17, 2015, FSIS will launch verify system equivalence. FSIS expects for microbial adulterants, indicator a Web-based version of the SRT within countries to answer all the targeted organisms, chemical residues, or its Public Health Information System questions in the SRT to facilitate the species) to address the absence of a (PHIS) to more efficiently capture up-to- review process. FSIS may not be able to government-supplied explanation of date information about foreign food make an equivalence determination inspection system controls. In addition, regulatory systems. PHIS is a without answers to all of these FSIS likely would begin refusing to list comprehensive Web-based data- questions. establishments newly certified by the analytics and inspection system that The SRT also includes questions for foreign government, or to relist certified automates and replaces many of FSIS’s FSIS to use in assessing how frequently establishments, because of a lack of paper-based processes. to conduct on-site audits of the country. confidence in the government-supplied The Web-based SRT will be beneficial FSIS refers to these questions as level of explanation of its inspection system. for countries exporting meat, poultry, advancement (LOA) questions. As FSIS may conduct specially designed and egg products to the United States; explained in the Federal Register in-country audits to obtain information. countries interested in exporting notice, the sum of the LOA responses is FSIS may, within a reasonable period of product to the United States and one of the factors that FSIS considers as time, refuse entry to products exported applying for equivalence; and FSIS part of an annual analysis of country from that country. Finally, if it becomes personnel. With the Web-based SRT, performance to determine the frequency necessary, FSIS will take steps to countries can link supporting and scope of on-site audits (78 FR 5412). remove the country from the list of documentation to each question. With FSIS uses the results from the analysis countries eligible to export meat, the Microsoft Word version, the to place exporting countries into one of poultry, or processed egg products. supporting documentation is provided three categories, based on food safety Any country can apply for eligibility as a supplement to the SRT. As a result, performance, with corresponding audit to export meat, poultry, or egg products during the review process, FSIS must frequencies: Well-performing countries to the United States. The application sift through documents to match up are to be audited every three years. process begins with a letter to FSIS from information with the corresponding Average-performing countries are to a foreign country asking for questions in the SRT. FSIS anticipates be audited every two years. Adequately- consideration to export its products for that use of the Web-based SRT will performing countries are to be audited sale in the United States. FSIS responds decrease the time it takes the Agency to every year. Thus, the completeness of a to these letters with a standard package review an SRT submission and thereby country’s SRT contributes to FSIS’s that contains information on the SRT allow for a quicker response to an assessment of that country’s and information on gaining equivalence request. performance and to FSIS’s eAuthentication. More information on Using PHIS as a platform for the SRT determination of the appropriate audit how to apply for initial equivalence is allows for a more secure exchange of frequency for that country. Countries available on FSIS’s Web site at: http:// information between FSIS and foreign with incomplete SRTs will not be www.fsis.usda.gov/wps/portal/fsis/ countries because countries will be considered ‘‘well-performing’’ because topics/international-affairs/importing- accessing the SRT through a secure they will not have provided the Agency products/equivalence/equivalence- USDA Web site that requires a unique enough information to give the Agency process-apply-for-initial-equivalence. ID and password acquired through an confidence in their food safety systems. FSIS asks that a foreign country authentication process. To guarantee FSIS will provide more information on applying for initial equivalence submit that the security of the Web-based SRT LOAs in a subsequent Federal Register a complete SRT to FSIS in PHIS within in PHIS is maintained and to gain access notice that addresses all comments one year of receiving the questionnaire. to the system, each potential user will received in the January 2013 Federal If FSIS needs additional information, or have to register for a USDA Register notice and provides additional if FSIS’s regulations change, the Agency eAuthentication (eAuth) Level 2 updates on the FSIS equivalence will request that the country update its account and complete the determination process. SRT to provide additional information authentication process. FSIS will send a To ensure that a complete and up-to- to demonstrate that the country has an letter to foreign countries with date SRT is being considered as part of equivalent food regulatory system to the instructions on obtaining an eAuth FSIS’s annual assessment of country United States’ system. If FSIS’s account and using the Web-based performance, countries must submit document review supports that the version of the SRT. FSIS strongly their completed SRTs to FSIS before foreign country’s food regulatory system encourages countries to use the Web- May 18, 2015, and on an annual basis may be equivalent to the United States’ based SRT. However, the use of the moving forward. If a country submits system, the Agency will conduct an on- Web-based SRT is voluntary, and FSIS partial or inaccurate information, FSIS site audit. will continue to accept the current personnel will follow up with However, if a foreign government Microsoft Word version of the SRT. To additional questions until all applying for initial equivalence does not ensure that the transition to the Web- outstanding issues are resolved. FSIS submit a complete SRT or fails to based SRT is as seamless as possible, must have complete and accurate respond to additional requests for FSIS pre-entered into PHIS the SRT information to verify that the foreign information within one year of receiving responses and supporting country’s food regulatory system is the SRT, FSIS will not be able to documentation that countries actively robust, transparent, and science-based. determine that the country maintains an exporting meat, poultry, or egg products If a country does not provide FSIS with inspection system equivalent to FSIS’s to the United States have provided to documentation showing its system is system and will discontinue its analysis. FSIS. FSIS requests that countries equivalent, or if it continues to submit FSIS will accept information review the pre-entered responses for inadequate documentation, FSIS will submitted in any one of the three completeness and accuracy. not have sufficient information to official languages of the World Trade In addition to a Web-based version of determine the viability of the food safety Organization (WTO)—English, French, the SRT, foreign countries will note that system and may have to pursue a series or Spanish. Please note that it may take

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the Agency a longer period of time to have been achieved rather than whether the SRT that will better inform FSIS’s review documents submitted in French various activities and processes have audit scheduling. In addition, or Spanish because the information will been replicated. The commenter information from the SRT may be used have to be translated. suggested that FSIS change the design of to inform reinspection assignments. For the SRT so that it is more like the example, based on information from the Summary of Comments ‘‘outcome-focused’’ design of the United SRT, FSIS may perform targeted testing Comment: Several commenters were States Food and Drug Administration’s for residues or pathogens in product pleased to see improvements in the (FDA’s) International Comparability from certain countries. document review process; however, Tool. It should also be noted that every they asked FSIS to provide more Response: FSIS reduced the number country now eligible to export meat, guidance on how the SRT will be used. of questions in the SRT to focus on poultry, or egg products to the United They also asked the Agency to share the those most necessary to determine or to States has a food inspection system that content of the SRT with the public. A verify whether a country’s food FSIS has determined to be equivalent to few commenters asked FSIS to clarify regulatory system is equivalent and the FSIS domestic inspection system. whether the document review process is those necessary to help inform the FSIS is committed to protecting the limited to the information collected in necessary on-site audit frequency. In the health of U.S. consumers, and it will the SRT, or if it also includes past, the SRT included approximately continue to make every effort to ensure information from other sources. The 500 questions. The new, streamlined that meat, poultry, and egg products commenters asked FSIS to explain how version has approximately 200 imported into the United States are as data outside the SRT would be used in questions. Foreign countries may safe as products produced in this the document review process, how the receive fewer questions depending on country. Agency would validate the quality of the number of classes of products data, and how often FSIS would collect produced. USDA Nondiscrimination Statement and use the data. One commenter stated In addition, the Web-based version of No agency, officer, or employee of the that both the National Advisory the SRT is more accessible. Foreign USDA shall, on the grounds of race, Committee on Meat and Poultry countries will be able to log onto PHIS color, national origin, religion, sex, Inspection’s (NACMPI’s) at any time to view and update their gender identity, sexual orientation, recommendations and the Codex responses and supporting disability, age, marital status, family/ document cited in the Federal Register documentation. Countries will also be parental status, income derived from a notice (78 FR 5409) support third-party able to view the status of their public assistance program, or political audits as a means of informing individual SRT, as well as a date and beliefs, exclude from participation in, importing countries about the time stamp for each status update. deny the benefits of, or subject to knowledge, experience, and confidence FDA’s International Comparability discrimination any person in the United of an exporting country’s food Tool does not provide the information States under any program or activity regulatory system. that FSIS needs to verify that a foreign conducted by the USDA. Response: The SRT is used to inform country’s food regulatory system is To file a complaint of discrimination, a determination that a country has or equivalent to FSIS’s system. The SRT complete the USDA Program has not met the United States’ level of focuses on individual components of a Discrimination Complaint Form, which protection and is eligible to export foreign food regulatory system and may be accessed online at http:// product into the United States. It is compares them to components within www.ocio.usda.gov/sites/default/files/ reviewed on an ongoing basis to verify FSIS’s regulations because the Acts and docs/2012/Complain_combined_6_8_ whether the country maintains regulations (9 CFR 372.2, 381.196, and 12.pdf, or write a letter signed by you equivalence. FSIS requires countries to 590.910) require that foreign countries or your authorized representative. update the SRT at least annually and as maintain equivalent requirements to Send your completed complaint form changes are made in the foreign those that apply to United States or letter to USDA by mail, fax, or email: country’s food regulatory system. domestic meat, poultry, and egg Mail: U.S. Department of Agriculture, FSIS personnel may review outside products. Director, Office of Adjudication, 1400 information, such as third-party audit Comment: A few commenters stated Independence Avenue SW., reports, in preparation for an on-site that FSIS’s review of information in the Washington, DC 20250–9410. audit (see FSIS Notice 35–14, Ongoing SRT should not be a substitute for on- Fax: (202) 690–7442. Foreign Equivalence Verification site audits by FSIS because countries Email: [email protected]. Audits). The outside information could may not always report information fully Persons with disabilities who require affect the scope of an on-site audit. or accurately. The commenters argued alternative means for communication Comment: Two commenters were that FSIS will be forced to rely more (Braille, large print, audiotape, etc.) concerned about the amount of time it heavily on self-reported data from should contact USDA’s TARGET Center takes to complete the SRT. One countries, as well as POE reinspections, at (202) 720–2600 (voice and TDD). commenter asked FSIS to reduce the and that these data sources are not an number of questions in the SRT. adequate substitute for in-person Additional Public Notification Another commenter requested that FSIS inspection. Public awareness of all segments of limit the level of detail required for Response: The SRT is not a substitute rulemaking and policy development is responses. The commenter stated that for on-site audits. The SRT is one of important. Consequently, FSIS will the SRT focuses too much on individual three components to FSIS’s equivalence announce this Federal Register components of the foreign inspection process. As mentioned above and in the publication on-line through the FSIS system, rather than taking a more January 2013 Federal Register notice, Web page located at: http:// holistic approach to assessing whether the SRT provides FSIS with initial www.fsis.usda.gov/federal-register. defined food safety outcomes are met. information that is verified through FSIS also will make copies of this The commenter recommended that FSIS periodic on-site audits and POE publication available through the FSIS focus more on an evaluation of whether reinspections (78 FR 5411). FSIS will Constituent Update, which is used to food safety and suitability outcomes get more accurate information through provide information regarding FSIS

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policies, procedures, regulations, National Forest OSV Designation Web February 27, 2015. The final rule states: Federal Register notices, FSIS public page: http://www.fs.fed.us/nepa/nepa_ ‘‘Over-snow vehicle use on NFS roads, meetings, and other types of information project_exp.php?project=45914. on NFS trails, and in areas on NFS lands that could affect or would be of interest FOR FURTHER INFORMATION CONTACT: shall be designated by the Responsible to our constituents and stakeholders. Michael Woodbridge, Public Affairs Official on administrative units or The Update is available on the FSIS Officer, USDA Forest Service, Tahoe Ranger Districts, or parts of Web page. Through the Web page, FSIS National Forest, 631 Coyote Street, administrative units or Ranger Districts, is able to provide information to a much Nevada City, CA 95959; phone 530– of the NFS where snowfall is adequate broader, more diverse audience. In 478–6205; email mjwoodbridge@ for that use to occur, and, if appropriate, addition, FSIS offers an email fs.fed.us. Hours for personal shall be designated by class of vehicle subscription service which provides communication at the Supervisor’s and time of year . . .’’ (36 CFR 212.81 automatic and customized access to Office are between 8:00 a.m. and 4:30 (a)). Further, under 36 CFR 261.14, it is selected food safety news and p.m. Pacific Time, Monday through prohibited to possess or operate an OSV information. This service is available at: Friday. on NFS lands in that administrative unit http://www.fsis.usda.gov/subscribe. Individuals with a hearing or speech or Ranger District other than in Options range from recalls to export disability may dial 711 for accordance with those designations. information, regulations, directives, and Telecommunication Relay Services. OSV designations made as a result of notices. Customers can add or delete the analysis in this Environmental SUPPLEMENTARY INFORMATION: subscriptions themselves, and have the Impact Statement would conform to the Snow Trail Grooming Program: For option to password protect their final Subpart C of the Travel over 30 years, the Forest Service, Pacific accounts. Management Rule. Southwest Region, in cooperation with Done in Washington, DC on: February 18, the California Department of Parks and Purpose and Need for Action 2015. Recreation Off-Highway Motor Vehicle One purpose of this project is to Alfred V. Almanza, Recreation (OHMVR) Division has effectively manage OSV use on the Acting Administrator. enhanced winter recreation, and more Tahoe National Forest to provide access, [FR Doc. 2015–03576 Filed 2–20–15; 8:45 am] specifically snowmobiling recreation, by ensure that OSV use occurs when there BILLING CODE 3410–DM–P maintaining NFS trails (snow trails) by is adequate snow, promote the safety of grooming snow for snowmobile use. all users, enhance public enjoyment, Most groomed snow trails are co-located minimize impacts to natural and DEPARTMENT OF AGRICULTURE on underlying NFS roads. Some cultural resources, and minimize grooming occurs on county roads and Forest Service conflicts among the various uses. closed snow-covered highways. Most There is a need to provide a Tahoe National Forest; California; grooming activities are currently funded manageable, designated OSV system of Tahoe National Forest Over-Snow by the state off-highway vehicle trust trails and areas within the Tahoe Vehicle (OSV) Use Designation fund. National Forest that is consistent with Environmental Impact Statement The Forest Service manages OSV use and achieves the purposes of the Forest on the Tahoe National Forest consistent Service Travel Management Rule at 36 AGENCY: Forest Service, USDA. with management direction contained CFR part 212. This action responds to ACTION: Notice of intent to prepare an in the Tahoe National Forest Land and direction provided by the Forest environmental impact statement. Resource Management Plan (Forest Service’s Travel Management Rule at 36 Plan). The following summarizes CFR part 212 and Subpart C of the SUMMARY: The Forest Service, U.S. current management of OSV use on Travel Management Rule. Department of Agriculture will prepare approximately 829,510 acres of NFS The existing system of OSV trails and an Environmental Impact Statement lands in the Tahoe National Forest: areas open for OSV use on the Tahoe (EIS) on a proposal to designate over- 1. Approximately 236 miles of National Forest results from snow vehicle (OSV) use on National designated NFS OSV trails; implementation of Forest Plan Forest System (NFS) roads, NFS trails, 2. Of the approximately 236 miles of management direction for OSV use. and areas on NFS lands within the designated NFS OSV trails, Public OSV use of the majority of this Tahoe National Forest; and to identify approximately 188 miles are OSV trails existing system continues to be snow trails for grooming within the available for grooming; manageable and consistent with current Tahoe National Forest. In addition, the 3. Approximately 105 miles of NFS travel management regulations. Forest Service is proposing to establish trail (Pacific Crest Trail) is closed to Exceptions have been identified, based snow depths for OSV use and snow OSV use; on internal and informal public input grooming. 4. Approximately 48,756 acres of NFS and the criteria listed at 36 CFR 212.55. DATES: Comments concerning the scope land is restricted to designated routes These include needs to protect natural of the analysis must be received by only; resources, provide improved access for March 25, 2015. The draft 5. Approximately 1,408 acres of NFS OSV users, provide improved quiet environmental impact statement is land is closed to OSV use from winter recreation opportunities and expected in January 2016, and the final September 15 through December 31. ensure consistency with overall environmental impact statement is 6. Approximately 669,537 acres of management area direction contained in expected in August 2016. NFS land is open to off-trail cross- the Forest Plan. These exceptions ADDRESSES: Send written comments to country OSV use; and represent additional needs for change, Michael Woodbridge, on behalf of Tom 7. Approximately 109,808 acres of and in these cases, changes are Quinn, Forest Supervisor, Tahoe NFS land is closed to OSV use. proposed to meet the overall objectives. National Forest, 631 Coyote Street, The final amended Subpart C of the The snow trail grooming analysis Nevada City, CA 95959. Comments may Travel Management Rule was issued on would also address the need to provide also be sent via facsimile to 530–478– January 28, 2015 (80 FR 4500, Jan. 28, a high quality snowmobile trail system 6109 or submitted on the Tahoe 2015), and becomes effective on on the Tahoe National Forest that is

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smooth and stable for the rider. Snowmobile riders are known to use the only apply to the use of OSVs as defined Groomed trails are designed so the snow covered roofs of the historic in the Forest Service’s Travel novice rider can use them without structures as ramps at Robinson Flat. Management Regulations (36 CFR difficulty. c. Independence Lake Donated Parcels 212.1). The Forest Supervisor will (approximately 703 acres)—To protect Proposed Action consider all reasonable alternatives and watershed values on steep terrain decide whether to continue current The Forest Service proposes the within the Independence Lake management of OSV uses on the Tahoe following: watershed which provides habitat for National Forest, implement the 1. To designate OSV use on NFS the Lahontan cutthroat trout, a species roads, NFS trails, and areas on NFS proposed action, or select an alternative listed as Threatened under the for the management of OSV use. lands within the Tahoe National Forest Endangered Species Act. where snow depth is adequate for that 6. To designate OSV crossings for the Scoping Process use to occur. The Tahoe National Forest Pacific Crest Trail. There would be two is proposing off-trail cross-country OSV designated crossings, as well as two This notice of intent initiates the use covering 665,717 acres. Trails where sections in which an OSV trail and the scoping process, which guides the OSV use would be allowed would total Pacific Crest Trail share the same route development of the environmental 236 miles. where the Pacific Crest Trail is located impact statement. 2. To identify approximately 188 on roads. Scoping meetings will be held miles of the Tahoe National Forest’s OSV use inconsistent with these between 4 p.m. and 7 p.m. Pacific Time approximately 236 miles of designated designations would be prohibited under at the following locations: OSV trails as available for snow 36 CFR part 261 once the decision is grooming. issued and OSV use maps are made March 2: Nevada City, Supervisor’s 3. To implement a standard of 12 available to the public. Office, 631 Coyote Street, Nevada City, inches of snow depth or more for snow The use designations resulting from CA 95959. trail grooming when funds and this analysis would only apply to the March 3: Truckee, Truckee Ranger equipment are used from sources other use of OSVs. An OSV is defined in the Station, 10811 Stockrest Springs Road, than the OHMVR Division. When using Forest Service’s Travel Management Truckee, CA 96161. OHMVR Division funds, their snow Regulations as ‘‘a motor vehicle that is depth standards will be used. designed for use over snow and that March 4: Sierraville, Sierraville 4. To implement a Forest-wide snow runs on a track or tracks and/or a ski or Ranger District, 317 South Lincoln depth requirement for OSV use that skis, while in use over snow’’ (36 CFR Street, Sierraville, CA 96126. would provide for public safety and 212.1). March 5: Sierra City, Sierra City natural and cultural resource protection Limited administrative use by the Community Hall, 13 Castagna Alley, by (1) allowing OSV use in designated Forest Service; use of any fire, military, Sierra City, CA 96125. areas when there is a minimum of 12 emergency, or law enforcement vehicle Foresthill—Date and location to be inches of snow covering the landscape, for emergency purposes; authorized use determined. and (2) allowing OSV use on designated of any combat or combat support NFS roads and designated NFS trails vehicle for national defense purposes; Comments received in response to when there is a minimum of 6 inches of law enforcement response to violations this solicitation, including names and snow covering the road or trail. When of law, including pursuit; and OSV use addresses of those who comment, will the snow-depth requirement is not met, that is specifically authorized under a be part of the public record for this OSV use would be prohibited. Most written authorization issued under proposed action. Comments submitted snow trails would be located on existing Federal law or regulations would be anonymously will also be accepted and dirt, gravel, or paved trails or roads. exempt from these designations (36 CFR considered. These trails and roads are used in the 212.81(a)). The Tahoe National Forest OSV Use summer for highway vehicle and off These actions would begin Designation Project is an activity highway vehicle uses. immediately upon the issuance of the 5. To establish OSV use prohibitions record of decision, which is expected in implementing a land management plan. in three areas. OSV use is currently December of 2016. The Forest Service It is not an activity authorized under the prohibited on 109,808 acres of the would produce an OSV use map that Healthy Forests Restoration Act of 2003 Tahoe National Forest in accordance would resemble the existing motor (Pub. L. 108–148). Therefore, this with the existing Forest Plan vehicle use map for the Tahoe National activity is subject to pre-decisional management direction. These current Forest. Such a map would allow the administrative review consistent with OSV prohibitions would continue. The public to identify the routes and areas the Consolidated Appropriations Act of Tahoe National Forest has identified where OSV use would be allowed on 2012 (Pub. L. 112–74) as implemented three additional areas in which OSV use the Tahoe National Forest. by Subparts A and B of 36 CFR part 218. would be prohibited. Adopting these Certain portions of the proposed action Responsible Official prohibitions would require an would amend the Forest Plan. These amendment to the Forest Plan. These The Tahoe National Forest Supervisor actions are subject to pre-decisional areas are: will issue the decision. administrative review, pursuant to a. High Loch Leven (approximately Nature of Decision To Be Made Subpart B of the Planning Rule (36 CFR 3,117 acres)—To provide increased non- part 219). motorized winter recreation This decision will designate OSV use opportunities in the Loch Leven on NFS roads, on NFS trails, and in Dated: February 13, 2015. Management Area. areas on NFS lands in the Tahoe Tom Quinn, b. Robinson Flat Cultural National Forest where snowfall is Forest Supervisor, Tahoe National Forest. (approximately 1 acre)—To protect adequate for that use to occur. It will [FR Doc. 2015–03595 Filed 2–20–15; 8:45 am] fragile historic building structures from also identify the NFS trails available for BILLING CODE 3410–11–P damage by snowmobile use. snow grooming. The decision would

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DEPARTMENT OF AGRICULTURE (3) Develop prioritized 2015 CFRP Agency: International Trade project funding recommendations for Administration. Forest Service the Secretary, Title: Survey of International Air (4) Develop an agenda and identify Travelers (SIAT). New Mexico Collaborative Forest members for the 2015 CFRP Sub- OMB Control Number: 0625–0227. Restoration Program Technical Committee for the review of multi-party Form Number(s): None. Advisory Panel monitoring reports from completed Type of Request: Regular submission projects, and (extension and revision of a currently AGENCY: Forest Service, USDA. (5) Discuss the proposal review approved information collection). ACTION: Notice of meeting. process used by the Panel to identify Number of Respondents: 300,000. what went well and what could be Average Hours per Response: 15 SUMMARY: The New Mexico imporved. minutes. Collaborative Forest Restoration The meeting is open to the public. Burden Hours: 75,000. Program (CFRP) Technical Advisory Panel discussion is limited to Panel Needs and Uses: The Survey of Panel (Panel) will meet in Albuquerque, members and Forest Service staff. International Air Travelers (SIAT) New Mexico. The Panel is established Project proponents may make brief program, administered by the National consistent with the Federal Advisory presentations to the Panel summarizing Travel and Tourism Office (NTTO) of Committee Act of 1972 (5 U.S.C. App. their grant application and respond to the International Trade Administration II), and Title VI of the Community questions of clarification from Panel provides source data required to: (1) Forest Restoration Act (Pub. L. 106– members or Forest Service staff. Estimate international travel and 393). Additional information concerning However, the agenda will include time passenger fare exports, imports and the the Panel, including the meeting for people to make oral statements of trade balance for the United States, (2) summary/minutes, can be found by three minutes or less. Individuals comply with the U.S. Travel Promotion visiting the Panel’s Web site at: http:// wishing to make an oral statement Act of 2009 (Pub. L. 111–145), collect, www.fs.usda.gov/goto/r3/cfrp. should submit a request in writing by analyze and report information to the DATES: The meeting will be held March March 23, 2015 to be scheduled on the Corporation for Travel Promotion (CTP), 30, 2015–April 3, 2015, from 10:00 a.m. agenda. Anyone who would like to and support the National Export to 4:00 p.m. All meetings are subject to bring CFRP grant application review Initiative (NEI–NEXT) to double U.S. cancellation. For updated status of the related matters to the attention of the exports, (3) comply with the 1945, 1961, meeting prior to attendance, please Panel may file written statements with 1981, and 1996 travel and tourism contact the person listed under FOR the Panel staff before or after each day related acts to collect and publish FURTHER INFORMATION CONTACT. of the meeting. Written comments and comprehensive international travel and ADDRESSES: The meeting will be held at time requests for oral comments must be tourism statistics and other marketing the Hyatt Place Albuquerque/Uptown, sent to the person listed under FOR information, and (4) support the 6901 Arvada Avenue NE, Albuquerque, FURTHER INFORMATION CONTACT. continuation of the Travel & Tourism New Mexico. Written comments may be A summary of the meeting will be Satellite Accounts for the United States, submitted as described under posted on the Web site listed above which provide the only spending and SUPPLEMENTARY INFORMATION. All within 45 days after the meeting. employment figures for the industry. Meeting Accommodations: If you are comments, including names and The SIAT program contains the core a person requiring reasonable addresses, when provided, are placed in data that is analyzed and communicated accommodation, please make requests the record and available for public by NTTO with other government in advance for sign language inspection and copying. The public may agencies, associations and businesses interpreting, assistive listening devices inspect comments received at the that share the same objective of or other reasonable accommodation for Cooperative and International Forestry increasing U.S. international travel access to the facility or proceedings by Office. Please call ahead at to facilitate exports. contacting the person listed in the The SIAT assists NTTO in assessing entry into the building. section titled FOR FURTHER INFORMATION the economic impact of international FOR FURTHER INFORMATION CONTACT: CONTACT. All reasonable travel on state and local economies, Walter Dunn, Designated Federal accommodation requests are managed providing visitation estimates, key Official, USDA Forest Service, 333 on a case by case basis. market intelligence, and identifying Broadway SE., Albuquerque, New Dated: February 17, 2015. traveler and trip characteristics. The Mexico 87102, by phone at (505) 842– U.S. Department of Commerce assists 3425, by email at [email protected], or Danny R. Montoya, Acting Deputy Regional Forester. travel industry enterprises to increase via fax at (505) 842–3165. international travel and passenger fare [FR Doc. 2015–03566 Filed 2–20–15; 8:45 am] Individuals who use exports for the country as well as telecommunication devices for the deaf BILLING CODE 3411–15–P outbound travel on U.S. carriers. The (TDD) may call the Federal Information Survey program provides the only Relay Service (FIRS) at 1–800–877–8339 available estimates of nonresident between 8:00 a.m. and 8:00 p.m., DEPARTMENT OF COMMERCE visitation to the states and cities within Eastern Standard Time, Monday the United States, as well as U.S. through Friday. Submission for OMB Review; Comment Request resident travel abroad. SUPPLEMENTARY INFORMATION: The The SIAT also assists NTTO in purpose of the meeting is to: The Department of Commerce will producing in-depth statistical reports, (1) Review Panel Bylaws, Charter, and submit to the Office of Management and fact sheets and briefings on economic what it means to be a Federal Advisory Budget (OMB) for clearance the factors and policy issues affecting U.S. Committee, following proposal for collection of industries. With the SIAT statistical (2) Evaluate and score the 2015 CFRP information under the provisions of the data not replicable by private sector grant applicsiotns to determine which Paperwork Reduction Act (44 U.S.C. trade associations or by private firms, ones best meet the program objectives, Chapter 35). Federal agencies, Congress and

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international organizations rely on these production activity has been requested Guzman was sentenced to 46 months statistic-based tools, as do American at this time. imprisonment, 36 months of supervised businesses, state and local governments, In accordance with the FTZ Board’s release and a $100 assessment. and news organizations. regulations, Elizabeth Whiteman of the Section 766.25 of the Export Affected Public: Individuals or FTZ Staff is designated examiner to Administration Regulations (‘‘EAR’’ or households: International travelers review the application and make ‘‘Regulations’’) 1 provides, in pertinent departing the United States 18 years or recommendations to the FTZ Board. part, that ‘‘[t]he Director of the Office of older which includes U.S. and non-U.S. Public comment is invited from Exporter Services, in consultation with residents for all countries except interested parties. Submissions shall be the Director of the Office of Export Canada. addressed to the FTZ Board’s Executive Enforcement, may deny the export Frequency: Monthly. Secretary at the address below. The privileges of any person who has been Respondent’s Obligation: Voluntary. closing period for their receipt is April convicted of a violation of the Export This information collection request 6, 2015. Rebuttal comments in response Administration Act (‘‘EAA’’), the EAR, may be viewed at reginfo.gov. Follow to material submitted during the or any order, license or authorization the instructions to view Department of foregoing period may be submitted issued thereunder; any regulation, Commerce collections currently under during the subsequent 15-day period to license, or order issued under the review by OMB. April 20, 2015. International Emergency Economic Written comments and A copy of the application will be Powers Act (50 U.S.C. 1701–1706); 18 recommendations for the proposed available for public inspection at the U.S.C. 793, 794 or 798; section 4(b) of information collection should be sent Office of the Executive Secretary, the Internal Security Act of 1950 (50 within 30 days of publication of this Foreign-Trade Zones Board, Room U.S.C. 83(b)), or section 38 of the Arms notice to OIRA_Submission@ 21013, U.S. Department of Commerce, Export Control Act (22 U.S.C. 2778).’’ 15 omb.eop.gov or fax to (202) 395–5806. 1401 Constitution Avenue NW., CFR 766.25(a); see also Section 11(h) of Washington, DC 20230–0002, and in the Dated: February 18, 2015. the EAA, 50 U.S.C. app. 2410(h). The ‘‘Reading Room’’ section of the FTZ denial of export privileges under this Glenna Mickelson, Board’s Web site, which is accessible provision may be for a period of up to Management Analyst, Office of the Chief via www.trade.gov/ftz. 10 years from the date of the conviction. Information Officer. FOR FURTHER INFORMATION CONTACT: 15 CFR 766.25(d); see also 50 U.S.C. [FR Doc. 2015–03550 Filed 2–20–15; 8:45 am] Elizabeth Whiteman at app. 2410(h). In addition, Section 750.8 BILLING CODE 3510–DS–P [email protected] or (202) of the Regulations states that the Bureau 482–0473. of Industry and Security’s Office of DEPARTMENT OF COMMERCE Dated: February 13, 2015. Exporter Services may revoke any Andrew McGilvray, Bureau of Industry and Security (‘‘BIS’’) Foreign-Trade Zones Board Executive Secretary. licenses previously issued in which the person had an interest in at the time of [B–8–2015] [FR Doc. 2015–03614 Filed 2–20–15; 8:45 am] his conviction. BILLING CODE 3510–DS–P BIS has received notice of Salgado- Foreign-Trade Zone 72—Indianapolis, Guzman’s conviction for violating the Indiana; Expansion of Subzone 72B; DEPARTMENT OF COMMERCE AECA, and have provided notice and an Eli Lilly and Company; Plainfield, opportunity for Salgado-Guzman to Indiana Bureau of Industry and Security make a written submission to BIS, as An application has been submitted to provided in Section 766.25 of the the Foreign-Trade Zones (FTZ) Board by Order Denying Export Privileges Regulations. BIS has received and the Indianapolis Airport Authority, reviewed a submission from Salgado- grantee of FTZ 72, requesting an In the Matter of: Guzman. expansion of Subzone 72B on behalf of Ernesto Salgado-Guzman; Inmate Number— Based upon my review and Eli Lilly and Company (Eli Lilly) to 68370–097; Willacy County; Correctional consultations with BIS’s Office of include a site in Plainfield, Indiana. The Institution; 1800 Industrial Drive; Export Enforcement, including its Raymondville, TX 78580 application was submitted pursuant to Director, and the facts available to BIS, the provisions of the Foreign-Trade and with an address at: I have decided to deny Salgado- Zones Act, as amended (19 U.S.C. 81a– 16738 Harper Blvd.; Madera, CA 93638 Guzman’s export privileges under the 81u), and the regulations of the FTZ On May 5, 2014, in the U.S. District Regulations for a period of 10 years from Board (15 CFR part 400). It was formally Court, Eastern District of California, the date of Salgado-Guzman’s docketed on February 13, 2015. Ernesto Salgado-Guzman (‘‘Salgado- conviction. I have also decided to Subzone 72B was approved on July Guzman’’), was convicted of violating revoke all licenses issued pursuant to 26, 1985 (Board Order 309, 50 FR 3l404, Section 38 of the Arms Export Control the Act or Regulations in which 8–2–1985), and expanded on April 15, Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). 1 The Regulations are currently codified in the 2002 (Board Order 1222, 67 FR 20086, Specifically, Salgado-Guzman Code of Federal Regulations at 15 CFR parts 730– 4–24–2002). The subzone currently knowingly and willfully exported and 774 (2014). The Regulations issued pursuant to the consists of two sites: Site 1 (359 acres)— caused to be exported and attempted to Export Administration Act (50 U.S.C. app. 2401– five parcels in the Indianapolis area, export and attempted to cause to be 2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the EAA has been in lapse and the President, through Marion County; and, Site 3 (751 acres)— exported from the United States to Executive Order 13222 of August 17, 2001 (3 CFR State Road 63, Clinton, Vermillion Mexico caliber rifles, defense articles 2001 Comp. 783 (2002)), which has been extended County. which were on the United States by successive Presidential Notices, the most recent The current request would add a site Munitions List, without having first being that of August 7, 2014 (79 FR 46959 (August 11, 2014)), has continued the Regulations in effect (34 acres) located at 2222 Stanley Road obtained from the Department of State a under the International Emergency Economic in Plainfield, Hendricks County, to the license for such export or written Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. subzone. No additional authorization for authorization for such export. Salgado- IV 2010)).

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Salgado-Guzman had an interest at the intended to be, exported from the antidumping duty order on uncovered time of his conviction. United States; or innerspring units (‘‘innerspring units’’) Accordingly, it is hereby ordered: E. Engage in any transaction to service from the People’s Republic of China First, from the date of this Order until any item subject to the Regulations that (‘‘PRC’’). The period of review is May 5, 2024, Ernesto Salgado-Guzman, has been or will be exported from the February 1, 2013, through January 31, with last known addresses of Inmate United States and which is owned, 2014. The review covers two exporters Number—68370–097, Willacy County, possessed or controlled by the Denied of subject merchandise: Comfort Coil Correctional Institution, 1800 Industrial Person, or service any item, of whatever Technology Sdn Bhd (‘‘Comfort Coil’’) Drive, Raymondville, TX 78580 and origin, that is owned, possessed or and Creative Furniture & Bedding 16738 Harper Blvd., Madera, CA 93638, controlled by the Denied Person if such Manufacturing (‘‘Creative Furniture’’). and when acting for or on his behalf, his service involves the use of any item The Department preliminarily successors, assigns, employees, agents subject to the Regulations that has been determines that Comfort Coil had no or representatives (the ‘‘Denied or will be exported from the United shipments of subject merchandise Person’’), may not, directly or indirectly, States. For purposes of this paragraph, during the POR. The Department also participate in any way in any servicing means installation, preliminarily determines that Creative transaction involving any commodity, maintenance, repair, modification or Furniture did not cooperate to the best software or technology (hereinafter testing. of its ability and is, therefore, applying collectively referred to as ‘‘item’’) Third, after notice and opportunity for adverse facts available (‘‘AFA’’) to exported or to be exported from the comment as provided in Section 766.23 Creative Furniture’s PRC-origin United States that is subject to the of the Regulations, any other person, merchandise. Interested parties are Regulations, including, but not limited firm, corporation, or business invited to comment on these to: organization related to Salgado-Guzman preliminary results. A. Applying for, obtaining, or using by ownership, control, position of FOR FURTHER INFORMATION CONTACT: any license, License Exception, or responsibility, affiliation, or other Susan Pulongbarit, AD/CVD Operations, export control document; connection in the conduct of trade or Office V, Enforcement and Compliance, B. Carrying on negotiations business may also be made subject to International Trade Administration, concerning, or ordering, buying, the provisions of this Order in order to Department of Commerce, 14th Street receiving, using, selling, delivering, prevent evasion of this Order. and Constitution Avenue NW., storing, disposing of, forwarding, Fourth, in accordance with Part 756 of Washington, DC 20230; telephone: (202) transporting, financing, or otherwise the Regulations, Salgado-Guzman may 482–4031. servicing in any way, any transaction file an appeal of this Order with the SUPPLEMENTARY INFORMATION: involving any item exported or to be Under Secretary of Commerce for exported from the United States that is Industry and Security. The appeal must Background subject to the Regulations, or in any be filed within 45 days from the date of On February 19, 2009, the Department other activity subject to the Regulations; this Order and must comply with the published in the Federal Register notice or provisions of Part 756 of the of an antidumping duty order on C. Benefitting in any way from any Regulations. innerspring units from the PRC (‘‘the transaction involving any item exported Fifth, a copy of this Order shall be Order’’).1 On February 28, 2014, Leggett or to be exported from the United States delivered to the Salgado-Guzman. This & Platt, Inc. (‘‘Petitioner’’) submitted a that is subject to the Regulations, or in Order shall be published in the Federal request for the Department to conduct any other activity subject to the Register. an administrative review of the Order Regulations. Sixth, this Order is effective that examines Comfort Coil’s and Second, no person may, directly or immediately and shall remain in effect Creative Furniture’s exports of subject indirectly, do any of the following: until May 5, 2024. merchandise made during the POR.2 On A. Export or reexport to or on behalf Issued this 12th day of February, 2015. April 1, 2014, the Department published of the Denied Person any item subject to Thomas Andrukonis, in the Federal Register a notice of the Regulations; Acting Director, Office of Exporter Services. initiation of this administrative review B. Take any action that facilitates the of the Order concerning Comfort Coil’s [FR Doc. 2015–03590 Filed 2–20–15; 8:45 am] acquisition or attempted acquisition by and Creative Furniture’s POR exports of the Denied Person of the ownership, BILLING CODE P subject merchandise.34 possession, or control of any item Scope of the Order subject to the Regulations that has been DEPARTMENT OF COMMERCE or will be exported from the United The merchandise subject to the order States, including financing or other International Trade Administration is uncovered innerspring units support activities related to a transaction whereby the Denied Person [A–570–928] 1 See Uncovered Innerspring Units from the People’s Republic of China: Notice of Antidumping acquires or attempts to acquire such Uncovered Innerspring Units From the Duty Order, 74 FR 7661 (February 19, 2009). ownership, possession or control; People’s Republic of China: 2 See Request for Antidumping Administrative C. Take any action to acquire from or Preliminary Results of Antidumping Review of the Antidumping Duty Order on Uncovered Innerspring Units from the People’s to facilitate the acquisition or attempted Duty Administrative Review; 2013– acquisition from the Denied Person of Republic of China, dated February 28, 2014. 2014 3 See Initiation of Antidumping and any item subject to the Regulations that Countervailing Duty Administrative Reviews and has been exported from the United AGENCY: Enforcement and Compliance, Request for Revocation in Part, 79 FR 18262, 18272 States; International Trade Administration, (April 1, 2014) (‘‘Initiation Notice’’). D. Obtain from the Denied Person in Department of Commerce. 4 Comfort Coil and Creative Furniture are both SUMMARY: located in market economy countries. As a result, the United States any item subject to the The Department of Commerce the Department is examining each company’s Regulations with knowledge or reason (‘‘the Department’’) is conducting an respective PRC exports of subject merchandise for to know that the item will be, or is administrative review of the this administrative review.

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composed of a series of individual metal Memorandum can be accessed directly table of authorities.11 Case and rebuttal springs joined together in sizes on the Internet at http:// briefs should be filed using ACCESS.12 corresponding to the sizes of adult enforcement.trade.gov/frn/. The signed Pursuant to 19 CFR 351.310(c), mattresses (e.g., twin, twin long, full, Preliminary Decision Memorandum and interested parties who wish to request a full long, queen, California king and the electronic versions of the hearing, or to participate if one is king) and units used in smaller Preliminary Decision Memorandum are requested, must submit a written constructions, such as crib and youth identical in content. request to the Assistant Secretary for mattresses. The product is currently Enforcement and Compliance, filed classified under subheading Preliminary Determination of No electronically via ACCESS. An 9404.29.9010 and has also been Shipments electronically filed document must be classified under subheadings Comfort Coil timely submitted a received successfully in its entirety by 9404.10.0000, 7326.20.0070, certification indicating that it had no 5 p.m. Eastern Standard Time within 30 7320.20.5010, or 7320.90.5010 of the exports, sales, or entries of subject days after the date of publication of this Harmonized Tariff Schedule of the merchandise to the United States during notice in the Federal Register.13 United States (‘‘HTSUS’’). The HTSUS the POR.8 To corroborate Comfort Coil’s Requests should contain: (1) The party’s subheadings are provided for no shipments claim, the Department name, address, and telephone number; convenience and customs purposes submitted a formal query to U.S. (2) the number of participants; and (3) only; the written product description of Customs & Border Protection (‘‘CBP’’), a list of issues to be discussed. Issues the scope of the order is dispositive.5 the results of which did not provide any raised in the hearing will be limited to evidence that contradicts Comfort Coil’s those raised in the respective case Methodology claim of no shipments. Moreover, no briefs. The Department will issue the The Department has conducted this party commented on Comfort Coil’s no final results of this administrative review in accordance with section shipments claim or the results of the review, including the results of its 751(a)(1)(A) of the Tariff Act of 1930, as CBP query. Based on the certification of analysis of the issues raised in any amended (‘‘the Act’’). With respect to Comfort Coil and our analysis of the written briefs, not later than 120 days Creative Furniture, we relied on facts CBP information, the Department after the date of publication of this available and, because Creative preliminarily determines that Comfort notice, pursuant to section 751(a)(3)(A) Furniture did not act to the best of its Coil did not have any reviewable of the Act. ability to respond to the Department’s transactions during the POR. In Assessment Rates requests for information, we drew an addition, consistent with the adverse inference in selecting from Department’s practice in nonmarket Upon issuance of the final results, the among the facts otherwise available.6 economy (‘‘NME’’) cases, the Department will determine, and CBP For a full description of the Department finds that it is appropriate shall assess, antidumping duties on all methodology underlying our not to rescind the review, in part, in appropriate entries covered by this 14 conclusions, please see the Preliminary these circumstances, but rather to review. The Department intends to Decision Memorandum. The complete the review with respect to issue assessment instructions to CBP 15 Preliminary Decision Memorandum is a Comfort Coil and issue appropriate days after the publication date of the public document and is on file instructions to CBP based on the final final results of this review. We will electronically via Enforcement and results of the review.9 instruct CBP to assess duties at the ad Compliance’s Antidumping and valorem margin rate published above. Countervailing Duty Centralized Preliminary Results of Review We will instruct CBP to assess Electronic Service System (‘‘ACCESS’’).7 The Department preliminarily antidumping duties on all appropriate ACCESS is available to registered users determines that a dumping margin of entries covered by this review if any at http://access.trade.gov and in the 234.51 percent exists for Creative assessment rate calculated in the final Central Records Unit, room 7046 of the Furniture for the period February 1, results of this review is above de main Department of Commerce 2013, through January 31, 2014. minimis. Additionally, pursuant to its building. In addition, a complete assessment practice in NME cases, if the Public Comment version of the Preliminary Decision Department continues to determine that Pursuant to 19 CFR 351.309(c), Comfort Coil had no shipments of the 5 For a complete description of the scope of the interested parties may submit case briefs subject merchandise, any suspended subject antidumping duty order, see Memorandum not later than 30 days after the date of entries that entered under that to Paul Piquado, Assistant Secretary for publication of this notice in the Federal exporter’s case number (i.e., at that Enforcement and Compliance, from Christian Register. Rebuttal briefs, limited to exporter’s rate) will be liquidated at the Marsh, Deputy Assistant Secretary for Antidumping 15 and Countervailing Duty Operations, entitled issues raised in the case briefs, may be PRC-wide rate. The final results of this ‘‘Decision Memorandum for Preliminary Results of filed not later than five days after the review shall be the basis for the 2013–2014 Antidumping Duty Administrative date for filing case briefs.10 Parties who assessment of antidumping duties on Review: Uncovered Innerspring Units from the entries of merchandise covered by the People’s Republic of China’’ (‘‘Preliminary Decision submit case briefs or rebuttal briefs in Memorandum’’), dated concurrently with these this proceeding are encouraged to final results of this review and for future results and hereby adopted by this notice. submit with each argument: (1) A deposits of estimated duties, where 6 See sections 776(a) and (b) of the Act. statement of the issue; (2) a brief applicable. The Department will assess 7 On November 24, 2014, Enforcement and summary of the argument; and (3) a duties only on entries of Comfort Coil’s Compliance changed the name of its centralized electronic service system to ACCESS. The Web site 8 11 See 19 CFR 351.309(c)(2) and (d)(2). location was changed from http://iaaccess.trade.gov See Uncovered Innerspring Units from the 12 to http://access.trade.gov. The Department People’s Republic of China: No Sales Certifications See 19 CFR 351.303. published in the Federal Register the final rule Clarifications, dated December 2, 2014. 13 See 19 CFR 351.310(c). changing the references to ‘‘IA ACCESS’’ in the 9 See Non-Market Economy Antidumping 14 See 19 CFR 351.212(b)(1). Department’s regulations to ‘‘ACCESS.’’ See Proceedings: Assessment of Antidumping Duties, 76 15 For a full discussion of this practice, see Non- Enforcement and Compliance; Change of Electronic FR 65694, 65694–95 (October 24, 2011) and the Market Economy Antidumping Proceedings: Filing System Name, 79 FR 69046 (November 20, ‘‘Assessment Rates’’ section below. Assessment of Antidumping Duties, 76 FR 65694 2014). 10 See 19 CFR 351.309(d). (October 24, 2011).

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and Creative Furniture’s PRC-origin Dated: February 13, 2015. of a known size. Additionally, this form merchandise. Paul Piquado, will help collect data on potential Assistant Secretary for Enforcement and marine debris resulting from the March Cash Deposit Requirements Compliance. 2011 Japan tsunami in order to better model movement of the debris as well The following cash deposit Appendix requirements will be effective upon as prepare (as needed) for continued List of Topics Discussed in the Preliminary publication of the final results of this debris arrival to areas around the Decision Memorandum Pacific. This form may additionally be administrative review for shipments of 1. Summary used to collect data on floating marine the subject merchandise from the PRC 2. Background debris in any water body. entered, or withdrawn from warehouse, 3. Scope of the Order Affected Public: Individuals or for consumption on or after the 4. Preliminary Determination of No households; not-for-profit institutions; publication date, as provided by section Shipments business or other for-profit 751(a)(2)(C) of the Act: (1) For Comfort 5. Facts Otherwise Available organizations. 6. Adverse Facts Available Coil, which claimed no shipments, the Frequency: On occasion. Department has not established a cash 7. Corroboration 8. Recommendation Respondent’s Obligation: Voluntary. deposit rate in this administrative This information collection request review, for Creative Furniture, the cash [FR Doc. 2015–03613 Filed 2–20–15; 8:45 am] may be viewed at reginfo.gov. Follow deposit rate will be that established in BILLING CODE 3510–DS–P the instructions to view Department of the final results of this review (except, Commerce collections currently under review by OMB. if the rate is zero or de minimis, then DEPARTMENT OF COMMERCE zero cash deposit will be required) and Written comments and the Department will collect cash National Oceanic and Atmospheric recommendations for the proposed deposits only on Comfort Coil’s and Administration information collection should be sent Creative Furniture’s PRC-origin within 30 days of publication of this _ merchandise; (2) for previously Submission for OMB Review; notice to OIRA Submission@ investigated or reviewed PRC and non- Comment Request omb.eop.gov or fax to (202) 395–5806. PRC exporters not listed above that The Department of Commerce will Dated: February 17, 2015. received a separate rate in a prior submit to the Office of Management and Sarah Brabson, segment of this proceeding, the cash Budget (OMB) for clearance the NOAA PRA Clearance Officer. deposit rate will continue to be the following proposal for collection of [FR Doc. 2015–03536 Filed 2–20–15; 8:45 am] existing exporter-specific rate published information under the provisions of the BILLING CODE 3510–JE–P for the most recently completed period; Paperwork Reduction Act (44 U.S.C. (3) for all PRC exporters of subject chapter 35). merchandise that have not been found Agency: National Oceanic and DEPARTMENT OF COMMERCE to be entitled to a separate rate, the cash Atmospheric Administration (NOAA). National Oceanic and Atmospheric deposit rate will be the PRC-wide rate Title: Shipboard Observation Form for Administration of 234.51 percent; and (4) for all non- Floating Marine Debris. OMB Control Number: 0648–0644. PRC exporters of subject merchandise Submission for OMB Review; Form Number(s): None. which have not received their own rate, Comment Request the cash deposit rate will be the rate Type of Request: Regular (extension of applicable to the PRC exporter that a currently approved information The Department of Commerce will collection). supplied that non-PRC exporter. These submit to the Office of Management and Number of Respondents: 20. Budget (OMB) for clearance the deposit requirements, when imposed, Average Hours Per Response: 30 shall remain in effect until further following proposal for collection of minutes. information under the provisions of the notice. Burden Hours: 10. Paperwork Reduction Act (44 U.S.C. Notification to Importers Needs and Uses: This request is for chapter 35). extension of a currently approved Agency: National Oceanic and This notice also serves as a information collection. Atmospheric Administration (NOAA). preliminary reminder to importers of This data collection project will be Title: Coral Reef Conservation their responsibility under 19 CFR coordinated by the NOAA Marine Program Administration. 351.402(f)(2) to file a certificate Debris Program, and involve OMB Control Number: 0648–0448. regarding the reimbursement of recreational and commercial vessels Form Number(s): None. antidumping duties prior to liquidation (respondents), shipboard observers Type of Request: Regular (extension of of the relevant entries during this (respondents), NGOs (respondents) as a currently approved information review period. Failure to comply with well as numerous experts on marine collection). this requirement could result in the debris observations at sea. The Number of Respondents: 35. Department’s presumption that Shipboard Observation Form for Average Hours Per Response: 2. Floating Marine Debris was created reimbursement of antidumping duties Burden Hours: 70. based on methods used in studies of Needs and Uses: This request is for occurred and the subsequent assessment floating marine debris by established extension of a currently approved of double antidumping duties. researchers, previous shipboard information collection. We are issuing and publishing these observational studies conducted at sea The Coral Reef Conservation Act of results in accordance with sections by NOAA, and the experience and input 2000 (Act) was enacted to provide a 751(a)(1) and 777(i)(1) of the Act and 19 of recreational sailors. The goal of this framework for conserving coral reefs. CFR 351.213. form is to be able to calculate the The Coral Reef Conservation Grant density of marine debris within an area Program, under the Act, provides funds

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to broad-based applicants with Washington, DC 20230 (or via the agency’s estimate of the burden experience in coral reef conservation to Internet at [email protected]). (including hours and cost) of the conduct activities to protect and FOR FURTHER INFORMATION CONTACT: proposed collection of information; (c) conserve coral reef ecosystems. The Requests for additional information or ways to enhance the quality, utility, and information submitted by applicants is copies of the information collection clarity of the information to be used to determine if a proposed project instrument and instructions should be collected; and (d) ways to minimize the is consistent with the NOAA coral reef directed to Patsy A. Bearden, (907) 586– burden of the collection of information conservation priorities and the priorities 7008 or [email protected]. on respondents, including through the of authorities with jurisdiction over the SUPPLEMENTARY INFORMATION: use of automated collection techniques area where the project will be carried or other forms of information out. As part of the application, NOAA I. Abstract technology. requires a Data and Information Sharing This request is for extension of a Comments submitted in response to Plan in addition to the standard currently approved information this notice will be summarized and/or required application materials. collection. included in the request for OMB Affected Public: Business or other for- Amendment 82 to the Fishery approval of this information collection; profit organizations; not-for-profit Management Plan for the Groundfish they also will become a matter of public institutions; state, local, or tribal Fishery of the Bering Sea and Aleutian record. government. Islands Management Area (FMP) Dated: February 18, 2015. Frequency: Annually. established a framework for the Sarah Brabson, Respondent’s Obligation: Required to management of the Aleutian Islands NOAA PIA Clearance Officer. obtain or retain benefits. subarea (AI) directed pollock fishery. This information collection request The Aleutian Islands pollock fishery [FR Doc. 2015–03543 Filed 2–20–15; 8:45 am] may be viewed at reginfo.gov. Follow was allocated to the Aleut Corporation, BILLING CODE 3510–22–P the instructions to view Department of Adak, Alaska, for the purpose of Commerce collections currently under economic development in Adak, Alaska. DEPARTMENT OF COMMERCE review by OMB. The Aleut Corporation is identified in Written comments and Public Law 108–199 as a business recommendations for the proposed National Oceanic and Atmospheric incorporated pursuant to the Alaska information collection should be sent Administration Native Claims Settlement Act (43 U.S.C. within 30 days of publication of this 1601 et seq.). Regulations implementing RIN 0648–XD775 notice to OIRA_Submission@ the FMP appear at 50 CFR part 679. omb.eop.gov or fax to (202) 395–5806. Participants are identified and Magnuson-Stevens Act Provisions; Dated: February 17, 2015. approved through a letter from the Aleut General Provisions for Domestic Sarah Brabson, Corporation which is approved by Fisheries; Application for Fishing Year NOAA PRA Clearance Offcer. National Marine Fisheries Service 2014 Sector Exemption (NMFS). This letter includes a list of [FR Doc. 2015–03535 Filed 2–20–15; 8:45 am] AGENCY: National Marine Fisheries approved participants. A copy of the BILLING CODE 3510–JE–P Service (NMFS), National Oceanic and letter must be on each participating Atmospheric Administration (NOAA), vessel. Commerce. DEPARTMENT OF COMMERCE II. Method of Collection ACTION: Notice; request for comments. National Oceanic and Atmospheric Mail and retention of document on SUMMARY: Administration participating vessels. Several groundfish sectors have requested regulatory exemptions Proposed Information Collection; III. Data from two recently implemented Gulf of Comment Request; Aleutian Islands OMB Control Number: 0648–0513. Maine cod interim management Pollock Fishery Form Number: None. measures. The Regional Administrator, Type of Review: Extension of a Greater Atlantic Region, NMFS, has AGENCY: National Oceanic and currently approved information determined that the request warrants Atmospheric Administration (NOAA), collection. further consideration. We are seeking Commerce. Affected Public: Business or other for- public comment on these exemption ACTION: Notice. profits organizations. requests. Estimated Number of Respondents: 1. SUMMARY: The Department of DATES: Comments must be received on Estimated Time per Response: Annual Commerce, as part of its continuing or before March 2, 2015. AI Pollock Fishery Participant Letter, 16 effort to reduce paperwork and ADDRESSES: hours; process, 4 hours. You may submit comments respondent burden, invites the general by the following methods: Estimated Total Annual Burden • public and other Federal agencies to Hours: 36. Email: [email protected]. take this opportunity to comment on Estimated Total Annual Cost to Include in the subject line ‘‘Comments proposed and/or continuing information Public: $3 in recordkeeping/reporting on Gulf of Maine Cod Sector Exemption collections, as required by the costs. Request.’’ Paperwork Reduction Act of 1995. • Mail: John K. Bullard, Regional DATES: Written comments must be IV. Request for Comments Administrator, NMFS, NE Regional submitted on or before April 24, 2015. Comments are invited on: (a) Whether Office, 55 Great Republic Drive, ADDRESSES: Direct all written comments the proposed collection of information Gloucester, MA 01930. Mark the outside to Jennifer Jessup, Departmental is necessary for the proper performance of the envelope ‘‘Comments on Gulf of Paperwork Clearance Officer, of the functions of the agency, including Maine Cod Sector Exemption Request.’’ Department of Commerce, Room 6616, whether the information shall have FOR FURTHER INFORMATION CONTACT: 14th and Constitution Avenue NW., practical utility; (b) the accuracy of the William Whitmore, Fisheries Policy

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Analyst, 978–281–9182, 200-lb (90.7-kg) trip limit. Removing the When NMFS implemented the [email protected]. trip limit, as requested by the sectors, interim rule in November 2014, it did SUPPLEMENTARY INFORMATION: On would provide a clear limit on overall not take any action to reduce the GOM November 13, 2014, NMFS published a catch of GOM cod and should minimize cod ACL or ACE allocated to sectors. temporary rule to enhance protections regulatory discarding. During public discussion at the for Gulf of Maine (GOM) cod (79 FR The requested exemption would also September Council meeting at which 67362) in response to an updated GOM remove the restriction preventing the Council requested the agency to cod stock assessment that indicated the vessels from fishing both inside and develop emergency measures for GOM health of the stock is worsening. The outside of the GOM BSA on the same cod, it was clear that any unilateral GOM cod interim rule implemented a trip. The sectors requesting the action to reduce the ACE available to GOM cod trip limit of 200 lb (90.7 kg) exemption have argued that the single sectors in the middle of the fishing year for sector and common pool groundfish BSA restriction has severely impacted could have substantial economic vessels fishing within the GOM broad fishing operations of vessels that impacts to much of the industry. stock area (BSA) and restricted traditionally fish on Georges Bank and However, in terms of effecting mortality commercial limited access groundfish in the GOM on the same trip. Although reductions, a change to the ACE vessels that fish in the GOM BSA to recognizing that the single BSA available for harvest by the sectors is fishing only in that BSA for the duration restriction impedes flexibility to fish in generally the most effective and direct of the declared trip. Additional multiple stock areas on a trip, we means to reduce total potential catch. previously determined that the short- information on the GOM cod interim Instead, NMFS imposed a trip limit to term benefits of this measure were rule can be found online at reduce the incentive to target GOM cod necessary to achieve the interim rule’s www.greateratlantic.fisheries.noaa.gov/ within the ACE available, recognizing objective of reducing mortality and stories/2014/GOM_cod_interim_ that if the industry continued to ensuring the effectiveness of other management_measures.html. encounter GOM cod, mortality would measures in the interim rule. On February 9, 2015, we received an continue largely through regulatory Specifically, the single GOM BSA exemption request from several sectors. discarding, potentially up to the full restriction was intended to facilitate allocated ACE level. Although the These sectors worked together to more effective shore-side enforcement of analysis supporting the interim assemble 30 mt of GOM cod annual the 200-lb (90.7 kg) trip limit. It was also measures suggested the trip limit could catch entitlement (ACE), which was intended to help reduce the opportunity reduce mortality by approximately 20 traded to Northeast Fishery Sector IV, a for vessels to misreport their catch to mt, there was considerable uncertainty lease-only sector with no active fishing ensure that GOM cod catch would be around this estimate, primarily due to effort. That sector has proposed to properly accounted for between stock uncertainty with the amount of withhold and render unusable that areas. discarding that would occur. GOM cod ACE, including preventing its Reducing the overall catch limit by 30 In this request for a sector exemption, use for potential carryover to the next mt and removing the trip limit more the sectors are proposing to implement fishing year, if sectors are granted effectively achieves the interim rule’s what NMFS did not: A reduction to the regulatory exemptions from the GOM objective of reducing potential cod ACE available to those sectors for the cod trip limit and GOM BSA restriction. mortality and, along with additional remainder of the fishing year. Because The 200-lb (90.7-kg) trip limit was reporting measures, outweighs the the fishing industry will continue to fish intended to reduce the incentive to short-term benefit of retaining the single through the end of the fishing year, and target GOM cod in areas that would BSA restriction. If the trip limit is no will continue to encounter GOM cod, remain open under the interim action to longer in effect, there is less of a need the sectors’ proposed exemption would ensure that open-area catch would not for the GOM BSA restriction to facilitate establish a firm upper limit on total cod result in excessive GOM cod fishing dockside enforcement. mortality and is more likely to be lower mortality. The 2014 GOM Cod Interim In consideration of the sectors’ than would otherwise be achieved Rule environmental assessment (EA) request to be exempt from the BSA through the interim measures. In estimated that implementing the 200-lb restriction, we are proposing to replace addition to an actual reduction in the (90.7-kg) trip limit would likely reduce this requirement with daily catch total potential cod catch, the sectors’ GOM cod mortality by 20 mt. The reporting requirements should we proposed exemption would improve the sectors’ request would reduce the GOM approve the sectors’ request. We would catch yield and reduce the uncertainty cod catch limit by 30 mt. Economic still require that sector vessels that of that cod catch. modeling and simulations included in declare their intent to fish inside and This exemption would apply only for the EA suggest that there is a substantial outside of the GOM BSA on the same the remainder of the 2014 fishing year. amount of uncertainty regarding the 20- trip submit daily vessel monitoring It is our intent to continue reviewing mt estimated mortality reduction. It system (VMS) catch reports. Vessels sector exemption requests included in should also be noted that most of the would also be required to submit a VMS annual sector operations plans through public comments submitted in response catch report prior to moving fishing a proposed and final rulemaking to the GOM cod interim rule opposed operations from one BSA to another. process. However, future mid-year the implementation of a trip limit This additional reporting requirement exemption requests, or modifications to because trip limits can result in high would help ensure that catch is properly existing exemptions, may be considered, discards of GOM cod and are counter to accounted for. The removal of any and granted or denied, through a the sector system, which limits the incentive to misreport trip catches in shortened notice and comment process fishery based on an annual quota. The relation to the trip limit along with similar to this action. requesting sectors propose that a additional reporting requirements to If we can conclude that the exemption definite 30-mt reduction in the catch help ensure proper apportioning of request is at least conversation neutral, limit resulting from the sector catch between BSAs replaces or and if this request is granted, this exemption would provide a greater mitigates the loss of the short-term exemption will apply to all sectors who biological benefit to GOM cod than the benefits expected from the single BSA request it, and sector operations plans probable reduction in mortality from the restriction. and letters of authorizations will be

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modified to include these regulatory on March 17, 2015, between 6 p.m. and 4. Report from the Pacific Islands exemptions. Minor sector exemption 9 p.m. For specific times and agendas, Fisheries Science Center (PIFSC) modifications may be granted without see SUPPLEMENTARY INFORMATION. Director further notice if they are deemed ADDRESSES: The SSC Sub-working group 5. Insular Fisheries essential to facilitate these exemptions on March 9, 2015, 118th SSC on March A. Coral reef ecosystem stock and have minimal impacts that do not 10–12, 2015, Pelagic and International assessments change the scope or impact of the Standing Committee and Executive and 1. Hawaii kumu initially approved sector exemption Budget Standing Committee on March 2. Hawaii parrotfish request. 14, 2015 will be held at the Council B. Report on the Main Hawaiian A supplemental information report office, 1164 Bishop Street, Suite 1400, Island (MHI) Deep 7 Bottomfish public analyzing the environmental impacts of Honolulu, HI 96813, telephone: (808) scoping meeting this exemption request has been 522–8220; C. Report on PIFSC meeting with the developed and is available online for The 162nd Council meeting on March Hawaii bottomfish fishermen review at http:// 16–18, 2015 will be held at the Laniakea D. 2nd Bottomfish Research www.greateratlantic.fisheries.noaa.gov/ YWCA-Fuller Hall, 1040 Richards Coordination Workshop regs/. Street, Honolulu, HI 96813, telephone: E. Report on the Center for Authority: 16 U.S.C. 1801 et seq. (808) 538–7061; and Independent Experts (CIE) review of the The Fishers Forum on March 17, 2015 2014 MHI Deep 7 Bottomfish Stock Dated: February 13, 2015. will be held at the Harbor View Center, Assessment Emily H. Menashes, Pier 38, 1129 North Nimitz Highway, F. NMFS actions on the MHI Acting Director, Office of Sustainable Honolulu, HI 96817, telephone: (808) Bottomfish Annual Catch Limits (ACLs) Fisheries, National Marine Fisheries Service. 983–1200. G. Public Comment [FR Doc. 2015–03539 Filed 2–18–15; 4:15 pm] Background documents will be H. SSC Discussion and BILLING CODE 3510–22–P available from, and written comments Recommendations should be sent to, Mr. Edwin Ebisui, 6. Program Planning Chair, Western Pacific Fishery A. National Standards (NS) DEPARTMENT OF COMMERCE Management Council, 1164 Bishop Guidelines Proposed Rule Street, Suite 1400, Honolulu, HI 96813, B. NOAA Fisheries Draft Climate National Oceanic and Atmospheric telephone: (808) 522–8220 or fax: (808) Science Strategy Administration 522–8226. C. Report on the National SSC RIN 0648–XD781 FOR FURTHER INFORMATION CONTACT: Workshop V Kitty M. Simonds, Executive Director; D. Public Comment Western Pacific Fishery Management telephone: (808) 522–8220. E. SSC Discussion and Council; Public Meetings SUPPLEMENTARY INFORMATION: In Recommendations AGENCY: National Marine Fisheries addition to the agenda items listed here, 8:30 a.m., Wednesday, March 11, 2015 Service (NMFS), National Oceanic and the SSC and Council will hear recommendations from Council 7. Pelagic Fisheries Atmospheric Administration (NOAA), A. Hawaii Yellowfin and Bigeye Commerce. advisory groups. Public comment periods will be provided throughout the Commercial Minimum Size Limit ACTION: Notice of public meetings and 1. Public Meetings hearings. agendas. The order in which agenda items are addressed may change. The 2. Socio-economic studies 3. Yield per Recruit Analyses SUMMARY: The Western Pacific Fishery meetings will run as late as necessary to Management Council (Council) will complete scheduled business. B. American Samoa Large Vessel Prohibited Area (LVPA) changes (Action hold meetings of its 118th Scientific and Schedule and Agenda for the SSC Sub- Statistical Committee (SSC), SSC sub- Item) Working Group C. Territorial Bigeye Specification working group and its 162nd Council (Action Item) meeting to take actions on fishery 1. Welcome and Introductions D. American Samoa longline U.S. management issues in the Western 2. Approval of the Agenda Exclusive Economic Zone (EEZ) Pacific Region. The Council will also 3. Main Hawaiian Island Deep 7 albacore catch limit (Action Item) convene meetings of the Pelagic and Bottomfish A. Review of the Center for E. Social Capital, Ethnic Diversity, International Standing Committee and Independent Experts (CIE) review and Economic Outcome in Hawaii’s Executive and Budget Standing reports Longline Fishery Committee. B. Current status of stock assessments E. International Fisheries DATES: The SSC sub-working group will and Acceptable Biological Catch (ABC) 1. WCPFC 11th Regular Session be held on Monday, March 9, between specification F. Public Comment 1 p.m. and 4 p.m. The SSC meeting will C. ABC specification for fishing year G. SSC Discussion and be held between 8:30 a.m. and 5 p.m. on 2015–16 Recommendations March 10–12, 2015. The Council’s 5. Public Comments 8. Protected Species Pelagic and International Standing 6. Discussion and Recommendations A. Endangered Species Act (ESA) Committee meeting will be held Schedule and Agenda for 118th SSC Section 7 Consultations for Coral between 1 p.m. and 3 p.m. on March 14, Meeting Species 2015; Executive and Budget Standing B. Effectiveness of Management Committee meeting will be held 8:30 a.m., Tuesday, March 10, 2015 Measures Implemented under the False between 3 p.m. and 5 p.m. on March 14, 1. Introductions Killer Whale Take Reduction Plan 2015; and the 162nd Council meeting 2. Approval of Draft Agenda and C. Draft 2014 Marine Mammal Stock will be held between 8:30 a.m. and 5 Assignment of Rapporteurs Assessment Reports p.m. on March 16–18, 2015. In addition, 3. Status of the 117th SSC Meeting D. False Killer Whale Stock Boundary the Council will host a Fishers Forum Recommendations Revision

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E. Updates on ESA and Marine 1. Marine Planning and Climate 9. Protected Species Mammal Protection Act (MMPA) Change Committee A. ESA Listed Corals Actions H. Social Science Reports 1. Section 7 Consultations for Coral 1. ESA-listed Threatened Corals Post- 1. Report on the Regional Fishery Species Listing Activities Management Council’s Social Science 2. Advanced Notice of Proposed 2. Green Turtle Status Review Meeting Rulemaking on 4(d) Take Prohibition for 3. North Pacific Humpback Whale I. Advisory Panel Recommendations Corals Status Review J. SSC Recommendations 3. Other Relevant Actions 4. Other Relevant Actions K. Public Comment B. Effectiveness of Management F. Public Comment L. Council Discussion and Action Measures Implemented under the False G. SSC Discussion and Killer Whale Take Reduction Plan 8:30 a.m.–5 p.m., Tuesday, March 17, Recommendations C. Draft 2014 Marine Mammal Stock 2015 8:30 a.m., Thursday, March 12, 2015 Assessment Reports 7. American Samoa Archipelago D. Updates on ESA and MMPA 9. Other Business A. Motu Lipoti Actions A. 119th SSC Meeting B. Fono Report 1. Green Turtle Status Review 10. Summary of SSC C. Enforcement Issues 2. North Pacific Humpback Whale Recommendations to the Council D. Community Activities and Issues Status Review Schedule for Council Standing 1. Report on the Governor’s Fisheries 3. Other Relevant Actions Committee Meetings Committee E. ESA Section 7 Integration Policy 2. Fisheries Development Directive 1 p.m.–3 p.m., Saturday, March 14, 2015 a. Fish Market Dedication F. Managing Green Turtles under the Pelagic and International Standing b. Tri Marine/Samoa Tuna Processors Council’s Archipelagic Fishery Committee Grand Opening of Canning Ops Ecosystem Plans 3. Marine Recreational Improvement G. Advisory Panel Recommendations 3 p.m.–5 p.m., Saturday, March 14, 2015 Program (MRIP) & Territorial Science H. SSC Recommendations Executive and Budget Standing Initiative (TSI) updates I. Public Comment Committee E. Education and Outreach Initiatives J. Council Discussion and Action 1. American Samoa (AS) lunar 10. Public Comment on Non-agenda Schedule and Agenda for 162nd calendar completion Items Council Meeting 2. AS summer high school fisheries & 6 p.m.–9 p.m., Tuesday, March 17, 2015 8:30 a.m.–5 p.m., Monday, March 16, marine resource management course 2015 3. TSI Seafood vendors forum Fishers Forum, Stock Assessment 4. MRIP Fishermen Forum 1. Welcome and Introductions 5. Manu’a Outreach Project Summary 8:30 a.m.–5 p.m., Wednesday, March 18, 2. Approval of the 162nd Agenda F. Advisory Panel Recommendations 2015 3. Approval of the 161st Meeting G. SSC Recommendations 11. Mariana Archipelago Minutes H. Public Comment A. Guam 4. Executive Director’s Report I. Council Discussion and Action 1. Isla Informe 5. Agency Reports 8. Hawaii Archipelago & Pacific 2. Legislative Report A. National Marine Fisheries Service Remote Island Areas (PRIA) 3. Enforcement Issues 1. Pacific Islands Regional Office A. Moku Pepa 4. Community Activities and Issues 2. Pacific Islands Fisheries Science B. Legislative Report a. Update on Malesso Community- Center B. NOAA Office of General Counsel, C. Enforcement Based Management Plan (CBMP) Pacific Islands Section D. Main Hawaiian Islands Bottomfish implementation C. U.S. Fish and Wildlife Service 1. PIFSC meeting with MHI b. Report on Village of Yigo CBMP D. Enforcement Bottomfish Fishermen meeting 1. U.S. Coast Guard 2. Report on the CIE review of the c. Report on Manell-Geus Habitat 2. NOAA Office of Law Enforcement 2014 MHI Deep 7 Bottomfish Stock Blueprint Focus Area 3. NOAA Office of General Counsel, Assessment d. Report on Indigenous Fishing Enforcement Section 3. Report on 2nd Hawaii Bottomfish Rights Initiatives E. Public Comment Research Workshop e. Report on the Guam fishing conflict F. Council Discussion and Action 4. Report on Public Scoping Meetings B. Commonwealth of Northern 6. Program Planning and Research E. Community Projects, Activities and Mariana Islands A. National Standards Guidelines Issues 1. Arongol Falu´ Proposed Rule 1. Fish Processing Waste—A Valuable 2. Legislative Report B. Report on the National SSC co-product from Hawaii Fisheries 3. Enforcement Issues Workshop V 2. Hawaii Community Fish 4. Community Activities and Issues C. Report on the Fishery Ecosystem Aggregating Devices (FADS) a. Report on Northern Islands CBMP Plan Review by Council Family and 3. Outreach and Education Report meeting Public 4. Lahaina Marine Planning Project b. Report on CNMI Joint Military D. NOAA Fisheries Draft Climate 5. Report on West Hawai‘i Habitat Training Environmental Impact Study Science Strategy Blueprint Focus Area (EIS) E. Fisheries Internship and Student F. Hawaiian Islands Humpback Whale 5. Education and Outreach Help Project National Marine Sanctuary a. Radio Talk Show F. Regional, National and G. Advisory Panel Recommendations C. Marianas Trench Marine National International Outreach & Education H. SSC Recommendations Monument: Islands, Volcanic, and G. Advisory Group Reports and I. Public Comment Trench Units Recommendations J. Council Discussion and Action D. Advisory Panel Recommendations

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E. SSC Recommendations Dated: February 18, 2015. OMB Desk Officer: Nicholas A. Fraser, F. Public Comment Tracey L. Thompson, email: Nicholas_A._Fraser@ G. Council Discussion and Action Acting Deputy Director, Office of Sustainable omb.eop.gov. 12. Pelagic & International Fisheries Fisheries, National Marine Fisheries Service. Once submitted, the request will be A. Hawaii Yellowfin and Bigeye [FR Doc. 2015–03556 Filed 2–20–15; 8:45 am] publicly available in electronic format Commercial Minimum Size Limit BILLING CODE 3510–22–P through reginfo.gov. Follow the instructions to view Department of 1. Public Meetings Commerce collections currently under 2. Socio-economic Considerations DEPARTMENT OF COMMERCE review by OMB. B. American Samoa Large Vessel Paper copies can be obtained by: Prohibited Area Temporary Exemption Patent and Trademark Office • Email: InformationCollection@ (Action Item) uspto.gov. Include ‘‘0651–0060 copy C. American Samoa longline EEZ Submission for OMB Review; request’’ in the subject line of the albacore catch limit (Action Item) Comment Request; National Medal of message. D. Territory Longline Bigeye Technology and Innovation • Mail: Marcie Lovett, Records Specification (Action Item) Nomination Application Management Division Director, Office of E. Report on Illegal, Unreported and The Department of Commerce will the Chief Information Officer, United Unregulated (IUU) and Seafood Labeling submit to the Office of Management and States Patent and Trademark Office, F. International Fisheries Budget (OMB) for clearance the P.O. Box 1450, Alexandria, VA 22313– 1. WCPFC 11th Regular Session following proposal for collection of 1450. G. Advisory Panel Recommendations information under the provisions of the Written comments and recommendations for the proposed H. SSC Recommendations Paperwork Reduction Act (44 U.S.C. Chapter 35). information collection should be sent on I. Standing Committee or before March 25, 2015 to Nicholas A. Recommendations Agency: United States Patent and Trademark Office, Commerce. Fraser, OMB Desk Officer, via email to J. Public Hearing Title: National Medal of Technology [email protected], or by K. Council Discussion and and Innovation Nomination fax to 202–395–5167, marked to the Recommendations Application. attention of Nicholas A. Fraser. 13. Administrative Matters OMB Control Number: 0651–0060. Dated: February 11, 2015. A. Financial Reports Form Number(s): Marcie Lovett, • No PTO Form Number Associated. B. Administrative Reports Records Management Division Director, C. Council Family Changes Type of Request: Regular. Number of Respondents: 50. USPTO, Office of the Chief Information 1. Advisory Panel Changes Officer. Average Hours per Response: 40. 2. Plan Team Changes Burden Hours: 2,000. [FR Doc. 2015–03553 Filed 2–20–15; 8:45 am] D. Meetings and Workshops Cost Burden: $1.47. BILLING CODE 3510–16–P E. Other Business Needs and Uses: The public uses the F. Standing Committee National Medal of Technology and Recommendations Innovation Nomination Application to DEPARTMENT OF COMMERCE recognize through nomination an G. Public Comment United States Patent and Trademark individual’s or company’s extraordinary H. Council Discussion and Action Office 14. Other Business leadership and innovation in Non-Emergency issues not contained technological achievement. The Submission for OMB Review; in this agenda may come before the application must be accompanied by six Comment Request; ‘‘Public User ID Council for discussion and formal letters of recommendation or support Badging’’ Council action during its 162nd from individuals who have first-hand The Department of Commerce will meeting. However, Council action on knowledge of the cited achievement(s). The Information Quality Guidelines submit to the Office of Management and regulatory issues will be restricted to from Section 515 of Public Law 106– Budget (OMB) for clearance the those issues specifically listed in this 554, Treasury and General Government following proposal for collection of document and any regulatory issue Appropriations Act for Fiscal Year 2001, information under the provisions of the arising after publication of this apply to this information collection and Paperwork Reduction Act (44 U.S.C. document that requires emergency this information collection and its Chapter 35). action under section 305(c) of the supporting statement comply with all Agency: United States Patent and Magnuson-Stevens Act, provided the applicable information quality Trademark Office. public has been notified of the Council’s guidelines, i.e., OMB and specific Title: Public User ID Badging. intent to take action to address the operating unit guidelines. OMB Control Number: 0651–0041. emergency. This proposed collection of Form Number(s): Special Accommodations information will result in information • PTO–2030 that will be collected, maintained, and • PTO–2224 These meetings are physically used in a way consistent with all Type of Request: Regular. accessible to people with disabilities. applicable Office of Management and Number of Respondents: 7,121. Requests for sign language Budget (OMB) and USPTO Information Average Hours per Response: The interpretation or other auxiliary aids Quality Guidelines. USPTO estimates that it will take the should be directed to Kitty M. Simonds, Affected Public: Businesses or other public approximately five and a half (808) 522–8220 (voice) or (808) 522– for-profits; not-for-profit institutions. minutes (0.09 hours) to complete the 8226 (fax), at least 5 days prior to the Frequency: On occasion. information in this collection, including meeting date. Respondent’s Obligation: Required to gathering the necessary information, Authority: 16 U.S.C. 1801 et seq. Obtain or Retain Benefits. preparing the appropriate form, and

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submitting the completed request. The • Mail: Marcie Lovett, Records Greczmiel, 722 Jackson Place NW., estimated response time for the Management Division Director, Office of Washington, DC 20503. individual items in this collection the Chief Information Officer, United FOR FURTHER INFORMATION CONTACT: ranges from five to ten minutes (0.08 to States Patent and Trademark Office, Horst Greczmiel, Associate Director for 0.17 hours) depending on the P.O. Box 1450, Alexandria, VA 22313– National Environmental Policy Act instruments and practices used. 1450. Oversight, at (202) 395–5750. Written comments and Burden Hours: 654.42 hours. SUPPLEMENTARY INFORMATION: On Cost Burden: $1,982. recommendations for the proposed December 24, 2014, the Council on Needs and Uses: The United States information collection should be sent on Environmental Quality (CEQ) published Patent and Trademark Office (USPTO) is or before March 25, 2015 to Nicholas A. revised draft guidance in the Federal required by 35 U.S.C. 41(i)(1) to Fraser, OMB Desk Officer, via email to _ _ Register (79 FR 77802, Dec. 24, 2014) maintain a Public Search Facility to Nicholas A. [email protected], or by with comments due on or before provide patent and trademark fax to 202–395–5167, marked to the February 23, 2015. The revised draft collections for searching and retrieval of attention of Nicholas A. Fraser. guidance discusses how National information. In order to manage the Dated: February 13, 2015. Environmental Policy Act (NEPA), 42 patent and trademark collections that Marcie Lovett, U.S.C. 4321–4370, analysis and are available to the public, the USPTO Records Management Division Director, documentation should address issues online access accounts to USPTO, Office of the Chief Information greenhouse gas (GHG) emissions and the customers who wish to use the Officer. impacts of climate change. electronic search systems at the Public [FR Doc. 2015–03571 Filed 2–20–15; 8:45 am] CEQ has received inquiries from state- Search Facility. Customers may obtain BILLING CODE 3510–16–P based and national industry an online access accounts by completing organizations regarding the 60-day time the application at the Public Search period to submit comments. The Facility reference desk and providing COUNCIL ON ENVIRONMENTAL organizations stated that they needed proper identification. Users may renew QUALITY additional time to respond to the rule their accounts by validating and due to the complex nature of the updating the required information and Notice To Extend the Comment Period proposed revisions. Because of the may obtain a replacement for a lost for the Revised Draft Guidance for scope of the proposed guidance, and account by providing proper Federal Departments and Agencies on because CEQ has specifically requested identification. Consideration of Greenhouse Gas the public’s comments on various Under the authority provided in 41 Emissions and the Effects of Climate aspects of the guidance in an attempt to CFR part 102–81, the USPTO issues Change in NEPA Reviews benefit from the experiences of all security identification badges to interested parties, CEQ has decided to AGENCY: members of the public who wish to use Council on Environmental extend the comment period for an the facilities at the USPTO. Public users Quality. additional 30 days. This notice may apply for a security badge in person ACTION: Notice of Extension of Comment announces the extension of the public at the USPTO Office of Security by Period. comment period to March 25, 2015. providing the necessary information and CEQ posts all comments received SUMMARY: This notice extends the presenting a valid form of identification electronically on a weekly basis at comment period for the proposed with photograph. The security badges http://www.whitehouse.gov/ guidance published in the Federal include a color photograph of the user administration/eop/ceq/initiatives/ Register on December 24, 2014, (79 FR and must be worn at all times while at nepa/comments. Follow the search 77802, Dec. 24, 2014). The comment the USPTO facilities. The information instructions on that Web site to view period for the proposed guidance, obtained in this collection constitutes public comments. the application available at the Public which would have ended on February Search Facility, and allows users to gain 23, 2015, is extended for 30 days. Dated: February 18, 2015. a security badge granting them access to DATES: The comment period is extended Brenda Mallory, that Facility. to 11:00 p.m. Eastern Standard Time on General Counsel, Council on Environmental Affected Public: Individuals or March 25, 2015. Quality. households. ADDRESSES: The revised Draft Guidance [FR Doc. 2015–03606 Filed 2–20–15; 8:45 am] Frequency: On occasion. is available at http:// BILLING CODE 3225–F5–P Respondent’s Obligation: Required to www.whitehouse.gov/administration/ Obtain or Retain Benefits (in the form of eop/ceq/initiatives/nepa. Comments on security identification badges). the ‘‘Revised Draft Guidance for Federal DEPARTMENT OF DEFENSE OMB Desk Officer: Nicholas A. Fraser, Departments and Agencies on email: Nicholas_A._Fraser@ Consideration of Greenhouse Gas Office of the Secretary omb.eop.gov. Emissions and the Effects of Climate U.S. Strategic Command Strategic Once submitted, the request will be Change in NEPA Reviews’’ should be Advisory Group; Notice of Federal publicly available in electronic format submitted in one of the following ways: Advisory Committee Closed Meeting through reginfo.gov. Follow the a. Electronically at http:// instructions to view Department of www.whitehouse.gov/webform/submit- AGENCY: Department of Defense. Commerce collections currently under comments-revised-draft-guidance- ACTION: Notice of Advisory Committee review by OMB. greenhouse-gas-emissions-and-climate- closed meeting. Paper copies can be obtained by: change-impacts; • Email: InformationCollection@ b. By email to GCC.guidance@ SUMMARY: The Department of Defense is uspto.gov. Include ‘‘0651–0041 copy ceq.eop.gov; or publishing this notice to announce the request’’ in the subject line of the c. By regular mail to the Council on following Federal Advisory Committee message. Environmental Quality, ATTN: Horst meeting of the U.S. Strategic Command

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Strategic Advisory Group. This meeting comments pertain to a specific topic will give a status update on the will be closed to the public. being discussed at a planned meeting, Committee’s requests for information. DATES: Wednesday, April 1, 2015, from then these statements must be submitted The Committee will receive briefings on 8:00 a.m. to 5:00 p.m. and Thursday, no later than five business days prior to increasing female accessions and an April 2, 2015, from 8:00 a.m. to 11:00 the meeting in question. The Designated update on enlisted women in a.m. Federal Officer will review all submarines. Additionally, the ADDRESSES: Dougherty Conference submitted written statements and Committee will receive briefings on DoD Center, Building 432, 906 SAC provide copies to all the committee childcare programs and initiatives, and Boulevard, Offutt AFB, Nebraska 68113. members. the impacts of state and federal laws on FOR FURTHER INFORMATION CONTACT: Mr. Dated: February 18, 2015. military families. There will also be a Bruce Sudduth, Designated Federal Aaron Siegel, public comment period. Officer, (402) 294–4102, 901 SAC Alternate OSD Federal Register Liaison Pursuant to 41 CFR 102–3.140, and Boulevard, Suite 1F7, Offutt AFB, NE Officer, Department of Defense. section 10(a)(3) of the Federal Advisory 68113–6030. [FR Doc. 2015–03603 Filed 2–20–15; 8:45 am] Committee Act of 1972, interested SUPPLEMENTARY INFORMATION: This BILLING CODE 5001–06–P persons may submit a written statement meeting is being held under the for consideration by the Defense provisions of the Federal Advisory Advisory Committee on Women in the Committee Act of 1972 (5 U.S.C. App 2, DEPARTMENT OF DEFENSE Services. Individuals submitting a Section 1), the Government in Sunshine written statement must submit their Act of 1976 (5 U.S.C. 552b), and 41 CFR Office of the Secretary statement to the point of contact listed 102–3.150. at the address in FOR FURTHER Defense Advisory Committee on Purpose of the Meeting: The purpose INFORMATION CONTACT no later than 5:00 Women in the Services (DACOWITS); of the meeting is to provide advice on p.m., Monday, March 9, 2015. If a scientific, technical, intelligence, and Notice of Federal Advisory Committee Meeting written statement is not received by policy-related issues to the Commander, Monday, March 9, 2015, prior to the U.S. Strategic Command, during the AGENCY: Department of Defense. meeting, which is the subject of this development of the Nation’s strategic ACTION: Notice. notice, then it may not be provided to war plans. or considered by the Defense Advisory Agenda: Topics include: Policy SUMMARY: The Department of Defense is Committee on Women in the Services Issues, Space Operations, Nuclear publishing this notice to announce that until its next open meeting. The Weapons Stockpile Assessment, the following Federal Advisory Designated Federal Officer will review Weapons of Mass Destruction, Committee meeting of the Defense all timely submissions with the Defense Intelligence Operations, Cyber Advisory Committee on Women in the Advisory Committee on Women in the Operations, Global Strike, Command Services (DACOWITS) will take place. Services Chair and ensure they are and Control, Science and Technology, This meeting is open to the public. provided to the members of the Defense Missile Defense. DATES: Wednesday, March 11, 2015, Advisory Committee on Women in the Meeting Accessibility: Pursuant to 5 from 8:30 a.m. to 12:15 p.m.; Thursday, Services. If members of the public are U.S.C. 552b, and 41 CFR 102–3.155, the March 12, 2015, from 8:30 a.m. to 11:45 interested in making an oral statement, Department of Defense has determined a.m. a written statement should be that the meeting shall be closed to the submitted. After reviewing the written public. Per delegated authority by the ADDRESSES: Hyatt Regency—Crystal City, 2799 Jefferson Davis Hwy, comments, the Chair and the Designated Chairman, Joint Chiefs of Staff, Admiral Federal Officer will determine who of C.D. Haney, Commander, U.S. Strategic Arlington, VA 22202. the requesting persons will be able to Command, in consultation with his FOR FURTHER INFORMATION CONTACT: Mr. make an oral presentation of their issue legal advisor, has determined in writing Robert Bowling or DACOWITS Staff at during an open portion of this meeting that the public interest requires that all 4800 Mark Center Drive, Suite 04J25–01, or at a future meeting. Pursuant to 41 sessions of this meeting be closed to the Alexandria, Virginia 22350–9000. CFR 102–3.140(d), determination of public because they will be concerned [email protected]. who will be making an oral presentation with matters listed in 5 U.S.C. Telephone (703) 697–2122. Fax (703) is at the sole discretion of the 552b(c)(1). 614–6233. Any updates to the agenda or Written Statements: Pursuant to 41 any additional information can be found Committee Chair and the Designated CFR 102–3.105(j) and 102–3.140, the at http://dacowits.defense.gov/. Federal Officer and will depend on time public or interested organizations may SUPPLEMENTARY INFORMATION: Pursuant available and if the topics are relevant submit written statements to the to the Federal Advisory Committee Act to the Committee’s activities. Two membership of the Strategic Advisory of 1972 (5 U.S.C. Appendix, as minutes will be allotted to persons Group at any time or in response to the amended), the Government in the desiring to make an oral presentation. stated agenda of a planned meeting. Sunshine Act of 1976 (5 U.S.C. 552b), Oral presentations by members of the Written statements should be submitted and Section 10(a), Public Law 92–463, public will be permitted only on to the Strategic Advisory Group’s as amended, notice is hereby given of a Thursday, March 12, 2015 from 11:30 Designated Federal Officer; the forthcoming meeting of the Defense a.m. to 11:45 a.m. in front of the full Designated Federal Officer’s contact Advisory Committee on Women in the Committee. The number of oral information can be obtained from the Services (DACOWITS). presentations to be made will depend GSA’s FACA Database—http:// The purpose of the meeting is for the on the number of requests received from www.facadatabase.gov/. Written Committee to receive briefings and members of the public. statements that do not pertain to a updates relating to their current work. Pursuant to 5 U.S.C. 552b and 41 CFR scheduled meeting of the Strategic Four new members will be introduced 102–3.140 through 102–3.165, this Advisory Group may be submitted at and sworn in on the first day of the meeting is open to the public, subject to any time. However, if individual meeting. The Designated Federal Officer the availability of space.

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Meeting Agenda respondents, including the use of the Office of Management and Budget. automated collection techniques or This request specifically addresses Wednesday, March 11, 2015, from 8:30 other forms of information technology. information required by DFARS clause a.m. to 12:15 p.m. The Office of Management and Budget 252.234–7002, Earned Value —Welcome, Introductions, (OMB) has approved this information Management System, for contractors to Announcements collection under Control Number 0704– respond to determinations of significant —Swearing In of New Committee 0479 for use through June 30, 2015. DoD deficiencies in a contractor’s Earned Members is proposing that OMB extend its Value Management System (EVMS). The —Briefing—Request for Information approval for use for three additional requirements apply to entities that are Status Update years. contractually required to maintain an —Briefing—Increasing Female EVMS. DoD needs this information to Accessions DATES: DoD will consider all comments received by March 25, 2015. document actions to correct significant —Briefing—Enlisted Women in deficiencies in contractor business Submarines Update ADDRESSES: You may submit comments, identified by OMB Control Number systems. DoD contracting officers use Thursday, March 12, 2015, from 8:30 0704–0479, using any of the following the information to mitigate the risk of a.m. to 11:45 a.m. methods: unallowable and unreasonable costs being charged on government contracts. —Welcome and Announcements Æ Federal eRulemaking Portal: Affected Public: Businesses or other —Briefing—DoD Childcare Programs http://www.regulations.gov. Follow the for-profit institutions. and Initiatives Overview instructions for submitting comments. Number of Respondents: 12. —Briefing—State and Federal Laws: Æ Email: [email protected]. Include OMB Control Number 0704–0479 in the Responses per Respondent: 1. Impacts to Military Families Annual Responses: 12. —Public Comment Period subject line of the message. Æ Fax: (571) 372–6094. Average Burden per Response: Dated: February 18, 2015. Æ Mail: Defense Acquisition Approximately 676 hours. Aaron Siegel, Regulations System, Attn: Mr. Mark Annual Response Burden Hours: Alternate OSD Federal Register Liaison Gomersall, OUSD (AT&L) DPAP/DARS, 8,112. Officer, Department of Defense. Room 3B941, 3060 Defense Pentagon, Reporting Frequency: On occasion. [FR Doc. 2015–03555 Filed 2–20–15; 8:45 am] Washington, DC 20301–3060. Summary of Information Collection BILLING CODE 5001–06–P Comments received generally will be DFARS clause 252.234–7002, Earned posted without change to http:// Value Management System, requires www.regulations.gov, including any contractors to respond in writing to DEPARTMENT OF DEFENSE personal information provided. To initial and final determinations of confirm receipt of your comment(s), Defense Acquisition Regulation significant deficiencies in the please check www.regulations.gov System contractor’s business systems as defined approximately two to three days after in the clause. [Docket Number 2015–0005] submission to verify posting (except allow 30 days for posting of comments Manuel Quinones, Information Collection Requirement; submitted by mail). Editor, Defense Acquisition Regulations Defense Federal Acquisition FOR FURTHER INFORMATION CONTACT: Mr. System. Regulation Supplement; DFARS 234.2, Mark Gomersall, at (571) 372–6099. The [FR Doc. 2015–03551 Filed 2–20–15; 8:45 am] Earned Value Management System information collection requirements BILLING CODE 5001–06–P AGENCY: Defense Acquisition addressed in this notice are available on Regulations System, Department of the World Wide Web at: http:// Defense (DoD). www.acq.osd.mil/dpap/dfars/ DEPARTMENT OF DEFENSE ACTION: Notice and request for index.htm. Paper copies are available from Mr. Mark Gomersall, OUSD Department of the Army, Corps of comments regarding a proposed Engineers extension of an approved information (AT&L) DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC collection requirement. Availability of the Draft Environmental 20301–3060. Impact Statement for the Lower Bois SUMMARY: In compliance with section SUPPLEMENTARY INFORMATION: d’Arc Creek Reservoir Project, Fannin 3506(c)(2)(A) of the Paperwork Title and OMB Number: Defense County, TX Reduction Act of 1995 (44 U.S.C. Federal Acquisition Regulation chapter 35), DoD announces the Supplement (DFARS) Business Systems- AGENCY: Department of the Army, U.S. proposed extension of a public Definition and Administration; DFARS Army Corps of Engineers, DoD. information collection requirement and 234, Earned Value Management System, ACTION: Notice of Availability. seeks public comment on the provisions OMB Control Number 0704–0479. thereof. DoD invites comments on: (a) Needs and Uses: DFARS clause SUMMARY: The U.S. Army Corps of Whether the proposed collection of 252.242–7005 requires contractors to Engineers (USACE) Tulsa District has information is necessary for the proper respond to written determinations of prepared a Draft Environmental Impact performance of the functions of DoD, significant deficiencies in the Statement (EIS) to analyze the direct, including whether the information will contractor’s business systems as defined indirect and cumulative effects of the have practical utility; (b) the accuracy of in the clause. The information construction and operation of the the estimate of the burden of the contractors are required to submit in proposed Lower Bois d’Arc Creek proposed information collection; (c) response to findings of significant Reservoir (LBCR) and related actions ways to enhance the quality, utility, and deficiencies in their accounting system, proposed by the North Texas Municipal clarity of the information to be estimating system, material management Water District (NTMWD) in Fannin collected; and (d) ways to minimize the and accounting system and purchasing County, TX. The Proposed Action is a burden of the information collection on system has previously been approved by regional water supply project intended

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to provide up to 175,000 acre-feet/year to disclose environmental impacts and 1. Bonham Public Library, 305 East (AFY), with an estimated firm yield of identify mitigation measures to reduce 5th Street, Bonham, TX 75418; (903) 126,200 AFY, of new water for impacts. NTMWD proposes to build the 583–3128. NTMWD’s member cities and direct LBCR with a total storage capacity of 2. Sam Rayburn Library, 800 West customers in all or portions of nine approximately 367,609 AF. A dam Sam Rayburn Drive, Bonham, TX 75418; counties in northern Texas—Collin, approximately 10,400 feet (about two (903) 583–2455. Dallas, Denton, Fannin, Hopkins, Hunt, miles) long and up to 90 feet high would 3. Bertha Voyer Memorial Library, 500 Kaufman, Rains and Rockwall. be constructed, and much of the 6th Street, Honey Grove, TX 75446; Construction of the reservoir and related reservoir footprint would be cleared of (903)–378–2206. facilities would result in permanent trees and built structures. NTMWD also 4. Leonard Public Library, 102 South impacts to approximately 6,180 acres of proposes to construct several related Main Street, Leonard, TX 75452; (903) wetlands and 651,024 linear feet of facilities or connected actions. These 587–2391. streams. This action requires include a raw water intake pump station 5. North Texas Municipal Water authorization from the USACE under and electrical substation at the reservoir District headquarters, 505 East Brown Section 404 of the Clean Water Act. The site, as well as a 90–96 inch diameter Street, Wylie, TX 75098. Section 404 permit applicant is the buried pipeline to carry raw water from 6. Army Corps of Engineers, Tulsa NTMWD. the new reservoir approximately 35 District, Regulatory Office, 1645 S 101 E The Draft EIS was prepared in miles in a southwesterly direction to a Avenue, Tulsa, OK 74128–4609. accordance with the National new water treatment plant and terminal Electronic copies of the Draft EIS may Environmental Policy Act (NEPA) of storage reservoir that would be located be obtained from the Corps’ Tulsa 1969, as amended, and the USACE’s west of the City of Leonard, also in District Regulatory Office or its Web site regulations for NEPA implementation Fannin County. A number of rural roads at http://www.swt.usace.army.mil/ (33 Code of Federal Regulations [CFR] within the footprint and in the vicinity Missions/Regulatory/PublicNotices/ parts 230 and 325, Appendices B and of the proposed reservoir would have to tabid/4955/Year/2015/Default.aspx. C). The USACE, Tulsa District, be closed or relocated; the most Andrew R. Commer, Regulatory Branch is the lead federal significant of these is FM 1396, which Chief, Regulatory Office, Tulsa District. would be relocated to cross the reservoir agency responsible for the Draft EIS and [FR Doc. 2015–03622 Filed 2–20–15; 8:45 am] information contained in the EIS serves in a different alignment on an entirely BILLING CODE 3720–58–P as the basis for a decision whether or new bridge that would need to be not to issue a Section 404 permit. It also constructed. provides information for Federal, state An aquatic resources mitigation plan DEPARTMENT OF DEFENSE and local agencies having jurisdictional has been prepared by the applicant to responsibility for affected resources. comply with the federal policy of ‘‘no Department of the Army, Corps of DATES: Written comments on the Draft overall net loss of wetlands’’ and to Engineers EIS will be accepted on or after provide compensatory mitigation, to the February 20, 2015 until April 21, 2015. extent practicable, for impacts to other Board on Coastal Engineering Oral and/or written comments may also waters of the U.S. that would be Research impacted by construction of the be presented at the Public Meeting to be AGENCY: Department of the Army, DoD. held at 6 p.m. on Tuesday, March 24, proposed reservoir. NTMWD has purchased a 14,960-acre parcel of land ACTION: Notice of Advisory Committee 2015 at the Fannin County Multi- meeting. Purpose Complex, FM 87, 700 Texas 56, known as the Riverby Ranch, which borders the Red River. This working Bonham, TX 75418. SUMMARY: The Department of the Army ranch is located downstream of the ADDRESSES: Send written comments is publishing this notice to announce proposed project within both the same the following Federal advisory regarding the Proposed Action and Draft watershed (Bois d’Arc Creek) and the committee meeting of the Board on EIS to Andrew R. Commer, USACE, same county (Fannin). NTMWD Coastal Engineering Research. This Tulsa District Regulatory Office, 1645 S acquired the Riverby Ranch specifically meeting is open to the public. 101 E Avenue, Tulsa, OK 74128–4609, because its biophysical features have the or via email: [email protected]. potential to provide appropriate DATES: Dates and Location: The Board Requests to be placed on or removed mitigation for the proposed project. on Coastal Engineering Research will from the mailing list should also be sent Additional mitigation would be meet from 8:00 a.m. to 4:30 p.m. on to this address. provided within the proposed reservoir March 3, 2015, and reconvene from 8:00 FOR FURTHER INFORMATION CONTACT: itself and on Bois d’Arc Creek a.m. to 12:00 p.m. on March 4, 2015. Andrew R. Commer, U.S. Army Corps of downstream of the reservoir as a result Both sessions of the meeting will be Engineers, Tulsa District, Regulatory of an operations plan and flow regime held in the Conference Facility, Coastal Office, at 918–669–7400. established in consultation with the and Hydraulics Laboratory (CHL), U.S. SUPPLEMENTARY INFORMATION: The Texas Commission on Environmental Army Engineer Research and purpose of the Proposed Action is to Quality (TCEQ), and stipulated in the Development Center, 3909 Halls Ferry provide additional firm annual yield to Draft Water Right Permit issued by Road, Vicksburg, MS 39180–6199. All NTMWD’s member cities and direct TCEQ to NTMWD. sessions are open to the public. For customers to address anticipated water The U.S. Environmental Protection more information about the Board, demands associated with projected Agency Region VI, U.S. Forest Service, please visit http:// growth in the cities and suburbs in the U.S. Fish and Wildlife Service, and the chl.erdc.usace.army.mil/cerb. NTMWD service area northeast of Texas Parks and Wildlife Department FOR FURTHER INFORMATION CONTACT: Dallas. (TPWD) participated as cooperating Colonel Jeffrey R. Eckstein, Designated The purpose of the Draft EIS is to agencies in the formulation of the Draft Federal Officer (DFO) and Executive provide decision-makers and the public EIS. Secretary, U.S. Army Engineer Research with information pertaining to the Copies of the Draft EIS will be and Development Center, Waterways Proposed Action and alternatives, and available for review at: Experiment Station, 3909 Halls Ferry

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Road, Vicksburg, MS 39180–6199, Laboratory. Please note that the guards below. If a member of the public is phone 601–634–2513, or have a right to inspect vehicles seeking interested in making a verbal comment [email protected]. to enter the facility. The Coastal and at the open meeting, that individual SUPPLEMENTARY INFORMATION: The Hydraulics Laboratory is fully handicap must submit a request, with a brief meeting is being held under the accessible. For additional information statement of the subject matter to be provisions of the Federal Advisory about public access procedures, please addressed by the comment, at least five Committee Act (FACA) of 1972 (5 contact Colonel Eckstein, the Board’s business days in advance to the Board’s U.S.C., Appendix, as amended), the Designated Federal Officer, at the email DFO, via electronic mail, the preferred Government in the Sunshine Act of address or telephone number listed in mode of submission, at the address 1976 (5 U.S.C. 552b, as amended), and the FOR FURTHER INFORMATION CONTACT listed in the FOR FURTHER INFORMATION 41 CFR 102–3.150. The Board on section. CONTACT section. The DFO will log each Coastal Engineering Research provides Registration: Individuals who wish to request, in the order received, and in broad policy guidance and reviews attend the meeting of the Board must consultation with the Board Chair, plans for the conduct of research and register with the DFO by email, the determine whether the subject matter of the development of research projects in preferred method of contact, no later each comment is relevant to the Board’s consonance with the needs of the than February 27, using the electronic mission and/or the topics to be coastal engineering field and the mail contact information found in the addressed in this public meeting. A 30- FOR FURTHER INFORMATION CONTACT objectives of the U.S. Army Chief of minute period near the end of the Engineers. section, above. The communication meeting will be available for verbal should include the registrant’s full Purpose of the Meeting: The meeting public comments. Members of the name, title, affiliation or employer, is an Executive Session to review past public who have requested to make a email address, and daytime phone action items, status reports, research verbal comment, and whose comments number. If applicable, include written and development strategic directions, have been deemed relevant under the comments or statements with the and coastal engineering research in the process described above, will be allotted registration email. United States. no more than five minutes during this Written Comments and Statements: period, and will be invited to speak in Agenda: On Tuesday morning, March Pursuant to 41 CFR 102–3.015(j) and 3, 2015, meeting logistics, review and the order in which their requests were 102–3.140 and section 10(a)(3) of the received by the DFO. status of action items, CHL coastal FACA, the public or interested research and development strategic organizations may submit written David B. Olson, direction, existing coastal engineering comments or statements to the Board, in Federal Register Liaison, U.S. Army Corps statements of need, and a status report response to the stated agenda of the of Engineers. on the Coastal Working Group will be open meeting or in regard to the Board’s [FR Doc. 2015–03621 Filed 2–20–15; 8:45 am] discussed. mission in general. Written comments BILLING CODE 3720–58–P On Tuesday afternoon, there will be or statements should be submitted to technology demonstrations of the Ship- Colonel Jeffrey R. Eckstein, DFO, via Tow Simulator and the CHL Sediment electronic mail, the preferred mode of DEPARTMENT OF EDUCATION Lab and presentations and discussions submission, as the address listed in the on the U.S. Army Corps of Engineers FOR FURTHER INFORMATION CONTACT [Docket No.: ED–2014–ICCD–0152] (USACE) Resilience and Harmonization, section above. Each page of the next steps for Civil Works and Military comment or statement must include the Agency Information Collection initiatives, and USACE resilience author’s name, title or affiliation, Activities; Submission to the Office of research and development plans. address, and daytime phone number. Management and Budget for Review On Wednesday, March 4, 2015, the The DFO will review all submitted and Approval; Comment Request; Board will reconvene to discuss a written comments or statements and Personal Authentication Service (PAS) Regional Sediment Management provide them to members of the Board for FSA ID Regional Technical Center of Expertise for their consideration. Written AGENCY: Federal Student Aid (FSA), and coastal engineering research in the comments or statements being Department of Education (ED). United States. A discussion on the submitted in response to the agenda set September meeting will also be hosted forth in this notice must be received by ACTION: Notice. by the U.S. Army Engineer Division, the DFO at least five business days prior Southwestern. SUMMARY: In accordance with the to the meeting to be considered by the Paperwork Reduction Act of 1995 (44 Meeting Accessibility: Pursuant to 5 Board. The DFO will review all timely U.S.C. chapter 3501 et seq.), ED is U.S.C. 552b, as amended, and 41 CFR submitted written comments or proposing a new information collection. 102–3.140 through 102–3.165, and statements with the Board Chairperson subject to the availability of space, the and ensure the comments are provided DATES: Interested persons are invited to meeting is open to the public. Because to all members of the Board before the submit comments on or before March seating capacity is limited, advance meeting. Written comments or 25, 2015. registration is required. Registration can statements received after this date may ADDRESSES: Comments submitted in be accomplished as set forth below. not be provided to the Board until its response to this notice should be Because the meeting of the Board will next meeting. submitted electronically through the be held in a Federal Government Verbal Comments: Pursuant to 41 CFR Federal eRulemaking Portal at http:// facility, security screening is required. A 102–3.140d, the Board is not obligated www.regulations.gov by selecting photo ID is required to enter the facility. to allow a member of the public to speak Docket ID number ED–2014–ICCD–0152 The name of each person seeking entry or otherwise address the Board during or via postal mail, commercial delivery, will be checked against the list of names the meeting. Members of the public will or hand delivery. If the regulations.gov of those persons who have registered to be permitted to make verbal comments site is not available to the public for any attend the meeting. Individuals will be during the Board meeting only at the reason, ED will temporarily accept directed to the Coastal and Hydraulics time and in the manner described comments at [email protected].

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Please note that comments submitted by receive per year and in total. If a in the District of Columbia (DC) an fax or email and those submitted after borrower receives more than one of opportunity to receive a scholarship to the comment period will not be these maximum amounts, the borrower attend a DC private school of their accepted; ED will ONLY accept is rendered ineligible for further Title IV parents’ choice. comments during the comment period aid (including Federal Pell Grants, Background: The OSP was established in this mailbox when the regulations.gov Federal Supplemental Educational in 2004 under the DC School Choice site is not available. Written requests for Opportunity Grants, Federal Work- Incentive Act of 2003 (School Choice information or comments submitted by Study, and Teacher Education Incentive Act) (Title III of Division C of postal mail or delivery should be Assistance for Higher Education the Consolidated Appropriations Act, addressed to the Director of the (TEACH) Grants) unless the borrower 2004; Pub. L. 108–199 Stat. 3 (2004)). In Information Collection Clearance repays the excess amount or agreed to 2011, Congress reauthorized the OSP Division, U.S. Department of Education, repay the excess amount according to under the Scholarships for Opportunity 400 Maryland Avenue SW., LBJ, the terms and conditions of the and Results Act (SOAR Act, Division C Mailstop L–OM–2–2E319, Room 2E103, promissory note that the borrower of the Pub. L. 112–10). Washington, DC 20202. signed. Agreeing to repay the excess For FY 2015, the Department will FOR FURTHER INFORMATION CONTACT: For amount according to the terms and award one grant to an eligible applicant specific questions related to collection conditions of the promissory note that to administer the OSP. The grant will be activities, please contact Ian Foss, 202– the borrower signed is called awarded in the form of a cooperative 377–3681. ‘‘reaffirmation’’, which is the subject of agreement between the Department and SUPPLEMENTARY INFORMATION: The this collection. the grantee. This grantee is expected to Department of Education (ED), in Dated: February 18, 2015. explain in its application, among other accordance with the Paperwork Kate Mullan, things, how it would recruit and select Reduction Act of 1995 (PRA) (44 U.S.C. eligible scholarship applicants in years Acting Director, Information Collection 3506(c)(2)(A)), provides the general Clearance Division, Privacy, Information and that scholarships are awarded, serve public and Federal agencies with an Records Management Services, Office of scholarship students and families in a opportunity to comment on proposed, Management. timely manner, identify and work with revised, and continuing collections of [FR Doc. 2015–03562 Filed 2–20–15; 8:45 am] participating schools, monitor information. This helps the Department BILLING CODE 4000–01–P compliance of participating schools assess the impact of its information with program and reporting collection requirements and minimize requirements, maintain reliable data the public’s reporting burden. It also DEPARTMENT OF EDUCATION regarding the operation of the program, helps the public understand the and ensure appropriate coordination Department’s information collection Applications for New Awards; District with the other entities that conduct requirements and provide the requested of Columbia Opportunity Scholarship activities related to this program. data in the desired format. ED is Program Application Requirements: The soliciting comments on the proposed following requirements are from section AGENCY: Office of Innovation and information collection request (ICR) that 3005(b) of the SOAR Act and apply to Improvement, Department of Education. is described below. The Department of all applications submitted by eligible Education is especially interested in ACTION: Notice. entities under this competition. Each public comment addressing the Overview Information: entity’s application must include a following issues: (1) Is this collection District of Columbia Opportunity detailed description of— necessary to the proper functions of the Scholarship Program (OSP) (A) How the entity will address the Department; (2) will this information be Notice inviting applications for new priorities described in section 3006 of processed and used in a timely manner; awards for fiscal year (FY) 2015. the SOAR Act; (3) is the estimate of burden accurate; Catalog of Federal Domestic Assistance (B) How the entity will ensure that if (4) how might the Department enhance (CFDA) Number: 84.370A. more eligible students seek admission in the quality, utility, and clarity of the Dates: the program of the entity than the information to be collected; and (5) how Applications Available: February 23, program can accommodate, eligible might the Department minimize the 2015. students are selected for admission burden of this collection on the Deadline for Notice of Intent To through a random selection process respondents, including through the use Apply: March 25, 2015. which gives weight to the priorities of information technology. Please note Date of Informational Meeting: The described in section 3006 of the SOAR that written comments received in OSP intends to hold a webinar designed Act; response to this notice will be to provide technical assistance to (C) How the entity will ensure that if considered public records. interested applicants. Detailed more participating eligible students seek Title of Collection: Personal information regarding this webinar will admission to a participating school than Authentication Service (PAS) for FSA be provided on the OSP Web site at the school can accommodate, ID. http://www2.ed.gov/programs/dcchoice/ OMB Control Number: 1845–NEW. participating eligible students are index.html. Type of Review: A new information selected for admission through a Deadline for Transmittal of collection. random selection process; Respondents/Affected Public: Applications: April 24, 2015. (D) How the entity will notify parents Deadline for Intergovernmental Individuals or Households. of eligible students of the expanded Total Estimated Number of Annual Review: June 23, 2015. choice opportunities in order to allow Responses: 14,440. Full Text of Announcement the parents to make informed decisions; Total Estimated Number of Annual (E) The activities that the entity will Burden Hours: 1,155. I. Funding Opportunity Description carry out to provide parents of eligible Abstract: The HEA provides for a Purpose of Program: The OSP students with expanded choice maximum amount that a borrower can provides low-income students residing opportunities through the awarding of

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scholarships under section 3007(a) of and Budget and revised annually in demonstrate how it will communicate the SOAR Act; accordance with section 673(2) of the and coordinate with the current grantee, (F) How the entity will determine the Community Services Block Grant Act) as needed, to ensure a seamless and amount that will be provided to parents applicable to a family of the size smooth transition between the 2015– under section 3007(a)(2) of the SOAR involved. 2016 and 2016–2017 school years for Act for the payment of tuition, fees, and Secondary school means an families and schools participating in the transportation expenses, if any; institutional day or residential school, OSP. (G) How the entity will seek out including a public secondary charter IV. Application and Submission private elementary schools and school, that provides secondary Information secondary schools in District of education, as determined under District Columbia to participate in the program; of Columbia law, except that the term 1. Address to Request Application (H) How the entity will ensure that does not include any education beyond Package: Jeanne Gilroy, U.S. each participating school will meet the grade 12. Department of Education, 400 Maryland Avenue SW., Room 4W227, reporting and other program Program Authority: SOAR Act (Division C requirements under the SOAR Act; of the P.L. 112–10, the Department of Defense Washington, DC 20202–5960 or by (I) How the entity will ensure that and Full-Year Continuing Appropriations email: [email protected]. participating schools submit to site Act, 2011, April 15, 2011; 125 Stat. 38, 199– If you use a telecommunications visits by the entity as determined to be 212), as amended by Pub. L. 112–92. device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay necessary by the entity, except that a Applicable Regulations: (a) EDGAR in Service (FRS), toll free, at 1–800–877– participating school may not be required 34 CFR parts 75, 77, 79, 81, 82, 84, 97, to submit to more than 1 site visit per 8339. 98, and 99. (b) The OMB Guidelines to Individuals with disabilities can school year; Agencies on Governmentwide (J) How the entity will ensure that obtain a copy of the application package Debarment and Suspension participating schools are financially in an accessible format (e.g., braille, (Nonprocurement) in 2 CFR part 180, as responsible and will use the funds large print, audiotape, or compact disc) adopted and amended as regulations of received under section 3007 of the by contacting the program contact the Department in 2 CFR part 3485. (c) SOAR Act effectively; person listed in this section. The Uniform Administrative (K) How the entity will address the 2. a. Content and Form of Application Requirements, Cost Principles, and renewal of scholarships to participating Submission: Requirements concerning Audit Requirements for Federal Awards eligible students, including continued the content of an application, together in 2 CFR part 200, as adopted and eligibility; and with the forms you must submit, are in (L) How the entity will ensure that a amended in 2 CFR part 3474. the application package for this majority of its voting board members or II. Award Information competition. governing organization are residents of Notice of Intent to Apply: March 25, Type of Award: Discretionary grants. 2015. The Department will be able to District of Columbia. Estimated Available Funds: develop a more efficient process for The entity must also provide in its $13,200,000. application an assurance that the entity reviewing grant applications if it has a will comply with all requests regarding Note: A total award of $13,200,000 will better estimate of the number of entities any evaluation carried out under section include $12,000,000 to be spent on that intend to apply for funding under scholarships and up to $600,000 to be spent this competition. Therefore, the 3009(a) of the SOAR Act. on administrative expenses, up to $400,000 Department strongly encourages each Definitions to be spent on parental assistance, and up to $200,000 to be spent on student academic potential applicant to notify the The definitions for the terms assistance. Department by sending a short email ‘‘Elementary school’’, ‘‘Parent’’, message indicating the applicant’s Estimated Number of Awards: 1. ‘‘Poverty line’’, and ‘‘Secondary school’’ intent to submit an application for are from section 3013 of the SOAR Act. Note: The Department is not bound by any funding. The email need not include The definition for the term ‘‘nonprofit’’ estimates in this notice. information regarding the content of the is from 34 CFR 77.1(c). Project Period: Up to 36 months. proposed application, only the Elementary school means an applicant’s intent to submit it. The III. Eligibility Information institutional day or residential school, Department requests that this email including a public elementary charter 1. Eligible Applicants: To be eligible notification be sent to DCOSP2015@ school, that provides elementary for an OSP grant, an entity must be ed.gov. education, as determined under District either a nonprofit organization or a Eligible entities that fail to provide of Columbia law. consortium of nonprofit organizations. this email notification may still apply Nonprofit, as applied to an agency, 2. Cost Sharing or Matching: This for funding. Page Limit: The application organization, or institution, means that program does not require cost sharing or narrative (Part III of the application) is it is owned and operated by one or more matching. where you, the applicant, address the corporations or associations whose net 3. Coordination: An eligible entity application requirements and selection earnings do not benefit, and cannot must be willing and able to work with criteria that reviewers use to evaluate lawfully benefit, any private other entities affiliated with the Federal your application. We suggest you limit shareholder or entity. and DC governments, as well as with the application narrative to the Parent includes a legal guardian or other organizations that might conduct equivalent of no more than 50 pages, other person standing in loco parentis activities integral to the success of the using the following standards: (such as a grandparent or stepparent program, including, as appropriate, • A ‘‘page’’ is 8.5″ x 11″, on one side with whom the child lives, or a person determining the household income of only, with 1″ margins at the top, bottom, who is legally responsible for the child’s scholarship recipients and ensuring the and both sides. welfare). ongoing eligibility of schools • Double space (no more than three Poverty line means the poverty line participating in the program. lines per vertical inch) all text in the (as defined by the Office of Management Additionally, an eligible entity must application narrative, except for titles,

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headings, footnotes, quotations, We do not consider an application depending on the completeness and references, captions, charts, tables, that does not comply with the deadline accuracy of the data entered into the figures, and graphs. requirements. SAM database by an entity. Thus, if you • Use a font that is either 12 point or Individuals with disabilities who think you might want to apply for larger or no smaller than 10 pitch need an accommodation or auxiliary aid Federal financial assistance under a (characters per inch). in connection with the application program administered by the • Use one of the following fonts: process should contact the person listed Department, please allow sufficient time Times New Roman, Courier, Courier under FOR FURTHER INFORMATION to obtain and register your DUNS New, or Arial. CONTACT in section VII of this notice. If number and TIN. We strongly The page limit does not apply to Part the Department provides an recommend that you register early. I, the cover sheet; Part II, the budget accommodation or auxiliary aid to an Note: Once your SAM registration is active, section, including the narrative budget individual with a disability in you will need to allow 24 to 48 hours for the justification; Part IV, the assurances and connection with the application information to be available in Grants.gov and certifications; or the one-page abstract, process, the individual’s application before you can submit an application through the resumes, or letters of support. remains subject to all other Grants.gov. However, the page limit does apply to requirements and limitations in this If you are currently registered with all of the application narrative section. notice. SAM, you may not need to make any b. Submission of Proprietary Deadline for Intergovernmental changes. However, please make certain Information: Given the types of projects Review: June 23, 2015. that the TIN associated with your DUNS 4. Intergovernmental Review: This that may be proposed in applications for number is correct. Also note that you competition is subject to Executive the OSP, an application may include will need to update your registration Order 12372 and the regulations in 34 business information that the applicant annually. This may take three or more CFR part 79. Information about considers proprietary. The Department’s business days. Intergovernmental Review of Federal regulations define ‘‘business Information about SAM is available at Programs under Executive Order 12372 information’’ in 34 CFR 5.11. www.SAM.gov. To further assist you is in the application package for this Because we plan to make successful with obtaining and registering your competition. applications available to the public, you DUNS number and TIN in SAM or 5. Funding Restrictions: We reference may wish to request confidentiality of updating your existing SAM account, regulations outlining funding business information. we have prepared a SAM.gov Tip Sheet, restrictions in the Applicable Consistent with Executive Order which you can find at: http:// 12600, please designate in your Regulations section of this notice. 6. Data Universal Numbering System www2.ed.gov/fund/grant/apply/sam- application any information that you Number, Taxpayer Identification faqs.html. feel is exempt from disclosure under Number, and System for Award In addition, if you are submitting your Exemption 4 of the Freedom of Management: To do business with the application via Grants.gov, you must (1) Information Act. In the appropriate Department of Education, you must— be designated by your organization as an Appendix section of your application, a. Have a Data Universal Numbering Authorized Organization Representative under ‘‘Other Attachments Form,’’ System (DUNS) number and a Taxpayer (AOR); and (2) register yourself with please list the page number or numbers Identification Number (TIN); Grants.gov as an AOR. Details on these on which we can find this information. b. Register both your DUNS number steps are outlined at the following For additional information please see 34 and TIN with the System for Award Grants.gov Web page: www.grants.gov/ CFR 5.11(c). Management (SAM) (formerly the web/grants/register.html. 3. Submission Dates and Times: Central Contractor Registry (CCR)), the 7. Other Submission Requirements: Applications Available: February 23, Government’s primary registrant Applications for grants under this 2015. database; competition must be submitted Deadline for Notice of Intent to Apply: c. Provide your DUNS number and electronically unless you qualify for an March 25, 2015. TIN on your application; and exception to this requirement in Date of Informational Meeting: The d. Maintain an active SAM accordance with the instructions in this OSP intends to hold a webinar designed registration with current information section. to provide technical assistance to while your application is under review a. Electronic Submission of interested applicants. Detailed by the Department and, if you are Applications. information regarding this webinar will awarded a grant, during the project Applications for grants under the be provided on the OSP Web site at period. OSP, CFDA number 84.370A, must be http://www2.ed.gov/programs/dcchoice/ You can obtain a DUNS number from submitted electronically using the index.html. Dun and Bradstreet. A DUNS number Governmentwide Grants.gov Apply site Deadline for Transmittal of can be created within one to two at www.Grants.gov. Through this site, Applications: April 24, 2015. business days. you will be able to download a copy of Applications for grants under this If you are a corporate entity, agency, the application package, complete it competition must be submitted institution, or organization, you can offline, and then upload and submit electronically using the Grants.gov obtain a TIN from the Internal Revenue your application. You may not email an Apply site (Grants.gov). For information Service. If you are an individual, you electronic copy of a grant application to (including dates and times) about how can obtain a TIN from the Internal us. to submit your application Revenue Service or the Social Security We will reject your application if you electronically, or in paper format by Administration. If you need a new TIN, submit it in paper format unless, as mail or hand delivery if you qualify for please allow 2–5 weeks for your TIN to described elsewhere in this section, you an exception to the electronic become active. qualify for one of the exceptions to the submission requirement, please refer to The SAM registration process can take electronic submission requirement and section IV. 7. Other Submission approximately seven business days, but submit, no later than two weeks before Requirements of this notice. may take upwards of several weeks, the application deadline date, a written

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statement to the Department that you an exception to the electronic the application deadline date, please qualify for one of these exceptions. submission requirement, as described contact the person listed under FOR Further information regarding elsewhere in this section, and submit FURTHER INFORMATION CONTACT in calculation of the date that is two weeks your application in paper format. section VII of this notice and provide an before the application deadline date is • You must submit all documents explanation of the technical problem provided later in this section under electronically, including all information you experienced with Grants.gov, along Exception to Electronic Submission you typically provide on the following with the Grants.gov Support Desk Case Requirement. forms: The Application for Federal Number. We will accept your You may access the electronic grant Assistance (SF 424), the Department of application if we can confirm that a application for the OSP at Education Supplemental Information for technical problem occurred with the www.Grants.gov. You must search for SF 424, Budget Information—Non- Grants.gov system and that that problem the downloadable application package Construction Programs (ED 524), and all affected your ability to submit your for this competition by the CFDA necessary assurances and certifications. application by 4:30:00 p.m., • number. Do not include the CFDA You must upload any narrative Washington, DC time, on the number’s alpha suffix in your search sections and all other attachments to application deadline date. The (e.g., search for 84.370, not 84.370A). your application as files in a PDF Department will contact you after a Please note the following: (Portable Document) read-only, non- • determination is made on whether your When you enter the Grants.gov site, modifiable format. Do not upload an application will be accepted. you will find information about interactive or fillable PDF file. If you submitting an application electronically upload a file type other than a read- Note: The extensions to which we refer in through the site, as well as the hours of only, non-modifiable PDF or submit a this section apply only to the unavailability of, or technical problems with, the Grants.gov operation. password-protected file, we will not system. We will not grant you an extension • Applications received by Grants.gov review that material. • if you failed to fully register to submit your are date and time stamped. Your Your electronic application must application to Grants.gov before the application must be fully uploaded and comply with any page-limit application deadline date and time or if the submitted and must be date and time requirements described in this notice. technical problem you experienced is stamped by the Grants.gov system no • After you electronically submit unrelated to the Grants.gov system. later than 4:30:00 p.m., Washington, DC your application, you will receive from Exception to Electronic Submission time, on the application deadline date. Grants.gov an automatic notification of Requirement: You qualify for an Except as otherwise noted in this receipt that contains a Grants.gov exception to the electronic submission section, we will not accept your tracking number. (This notification requirement, and may submit your application if it is received—that is, date indicates receipt by Grants.gov only, not application in paper format, if you are and time stamped by the Grants.gov receipt by the Department.) The unable to submit an application through system—after 4:30:00 p.m., Washington, Department then will retrieve your the Grants.gov system because— DC time, on the application deadline application from Grants.gov and send a • You do not have access to the date. We do not consider an application second notification to you by email. Internet; or that does not comply with the deadline This second notification indicates that • You do not have the capacity to requirements. When we retrieve your the Department has received your upload large documents to the application from Grants.gov, we will application and has assigned your Grants.gov system; notify you if we are rejecting your application a PR/Award number (an ED- and application because it was date and time specified identifying number unique to • No later than two weeks before the stamped by the Grants.gov system after your application). application deadline date (14 calendar 4:30:00 p.m., Washington, DC time, on • We may request that you provide us days or, if the fourteenth calendar day the application deadline date. original signatures on forms at a later before the application deadline date • The amount of time it can take to date. falls on a Federal holiday, the next upload an application will vary Application Deadline Date Extension business day following the Federal depending on a variety of factors, in Case of Technical Issues With the holiday), you mail or fax a written including the size of the application and Grants.gov System: If you are statement to the Department, explaining the speed of your Internet connection. experiencing problems submitting your which of the two grounds for an Therefore, we strongly recommend that application through Grants.gov, please exception prevent you from using the you do not wait until the application contact the Grants.gov Support Desk, Internet to submit your application. deadline date to begin the submission toll free, at 1–800–518–4726. You must If you mail your written statement to process through Grants.gov. obtain a Grants.gov Support Desk Case the Department, it must be postmarked • You should review and follow the Number and must keep a record of it. no later than two weeks before the Education Submission Procedures for If you are prevented from application deadline date. If you fax submitting an application through electronically submitting your your written statement to the Grants.gov that are included in the application on the application deadline Department, we must receive the faxed application package for this competition date because of technical problems with statement no later than two weeks to ensure that you submit your the Grants.gov system, we will grant you before the application deadline date. application in a timely manner to the an extension until 4:30:00 p.m., Address and mail or fax your Grants.gov system. You can also find the Washington, DC time, the following statement to: Jeanne Gilroy, U.S. Education Submission Procedures business day to enable you to transmit Department of Education, 400 Maryland pertaining to Grants.gov under News your application electronically or by Avenue SW., Room 4W227, and Events on the Department’s G5 hand delivery. You also may mail your Washington, DC 20202–5960. system home page at www.G5.gov. application by following the mailing FAX: (202) 205–5630. • You will not receive additional instructions described elsewhere in this Your paper application must be point value because you submit your notice. submitted in accordance with the mail application in electronic format, nor If you submit an application after or hand delivery instructions described will we penalize you if you qualify for 4:30:00 p.m., Washington, DC time, on in this notice.

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b. Submission of Paper Applications the CFDA number, including suffix project director or principal by Mail. letter, if any, of the competition under investigator. If you qualify for an exception to the which you are submitting your (ii) The qualifications, including electronic submission requirement, you application; and relevant training and experience, of key may mail (through the U.S. Postal (2) The Application Control Center project personnel. Service or a commercial carrier) your will mail to you a notification of receipt C. Adequacy of resources (20 points). application to the Department. You of your grant application. If you do not (1) The Secretary considers the must mail the original and two copies receive this notification within 15 adequacy of resources for the proposed of your application, on or before the business days from the application project. application deadline date, to the deadline date, you should call the U.S. (2) In determining the adequacy of Department at the following address: Department of Education Application resources for the proposed project, the U.S. Department of Education, Control Center at (202) 245–6288. Secretary considers: Application Control Center, Attention: (i) The adequacy of support, including (CFDA Number 84.370A), LBJ Basement V. Application Review Information facilities, equipment, supplies, and Level 1, 400 Maryland Avenue SW., 1. Selection Criteria: The selection other resources, from the applicant Washington, DC 20202–4260. criteria for this competition are from 34 organization or the lead applicant You must show proof of mailing CFR 75.210 and are as follows: organization. consisting of one of the following: The maximum score for all the (ii) The extent to which the budget is (1) A legibly dated U.S. Postal Service selection criteria is 100 points. The adequate to support the proposed postmark. maximum score for each criterion is project. (2) A legible mail receipt with the indicated in parentheses. Each criterion D. Quality of the management plan date of mailing stamped by the U.S. also includes the factors that reviewers (35 points). Postal Service. will consider in determining the extent (1) The Secretary considers the (3) A dated shipping label, invoice, or to which an applicant meets the quality of the management plan for the receipt from a commercial carrier. criterion. proposed project. (2) In determining the quality of the (4) Any other proof of mailing In addressing each criterion, management plan for the proposed acceptable to the Secretary of the U.S. applicants are encouraged to make project, the Secretary considers: Department of Education. explicit connections to relevant aspects If you mail your application through (i) The adequacy of the management of responses to other selection criteria. plan to achieve the objectives of the the U.S. Postal Service, we do not A. Quality of project services (20 accept either of the following as proof proposed project on time and within points). budget, including clearly defined of mailing: (1) The Secretary considers the (1) A private metered postmark. responsibilities, timelines, and quality of the services to be provided by (2) A mail receipt that is not dated by milestones for accomplishing project the proposed project. the U.S. Postal Service. tasks. If your application is postmarked after (2) In determining the quality of the (ii) The adequacy of procedures for the application deadline date, we will services to be provided by the proposed ensuring feedback and continuous not consider your application. project, the Secretary considers the improvement in the operation of the quality and sufficiency of strategies for proposed project. Note: The U.S. Postal Service does not ensuring equal access and treatment for uniformly provide a dated postmark. Before (iii) The adequacy of mechanisms for eligible project participants who are ensuring high-quality products and relying on this method, you should check members of groups that have with your local post office. services from the proposed project. traditionally been underrepresented 2. Review and Selection Process: We c. Submission of Paper Applications based on race, color, national origin, remind potential applicants that in by Hand Delivery. gender, age, or disability. reviewing applications in any If you qualify for an exception to the (3) In addition, the Secretary discretionary grant competition, the electronic submission requirement, you considers the extent to which the Secretary may consider, under 34 CFR (or a courier service) may deliver your services to be provided by the proposed 75.217(d)(3), the past performance of the paper application to the Department by project are appropriate to the needs of applicant in carrying out a previous hand. You must deliver the original and the intended recipients or beneficiaries award, such as the applicant’s use of two copies of your application by hand, of those services. funds, achievement of project on or before the application deadline B. Quality of project personnel (25 objectives, and compliance with grant date, to the Department at the following points). conditions. The Secretary may also address: U.S. Department of Education, (1) The Secretary considers the consider whether the applicant failed to Application Control Center, Attention: quality of the personnel who will carry submit a timely performance report or (CFDA Number 84.370A), 550 12th out the proposed project. submitted a report of unacceptable Street SW., Room 7039, Potomac Center (2) In determining the quality of quality. Plaza, Washington, DC 20202–4260. project personnel, the Secretary In addition, in making a competitive The Application Control Center considers the extent to which the grant award, the Secretary also requires accepts hand deliveries daily between applicant encourages applications for various assurances including those 8:00 a.m. and 4:30:00 p.m., Washington, employment from persons who are applicable to Federal civil rights laws DC time, except Saturdays, Sundays, members of groups that have that prohibit discrimination in programs and Federal holidays. traditionally been underrepresented or activities receiving Federal financial Note for Mail or Hand Delivery of Paper based on race, color, national origin, assistance from the Department of Applications: If you mail or hand deliver gender, age, or disability. Education (34 CFR 100.4, 104.5, 106.4, your application to the Department— (3) In addition, the Secretary 108.8, and 110.23). (1) You must indicate on the envelope considers: 3. Special Conditions: Under 2 CFR and—if not provided by the (i) The qualifications, including 3474.10, the Secretary may impose Department—in Item 11 of the SF 424 relevant training and experience, of the special conditions and, in appropriate

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circumstances, high-risk conditions on a measure will be collected through the Dated: February 18, 2015. grant if the applicant or grantee is not program evaluation. Nadya Chinoy Dabby, financially stable; has a history of 5. Continuation Awards: In making a Assistant Deputy Secretary for Innovation and unsatisfactory performance; has a continuation award under 34 CFR Improvement. financial or other management system 75.253, the Secretary considers, among [FR Doc. 2015–03620 Filed 2–20–15; 8:45 am] that does not meet the standards in 2 other things: whether a grantee has BILLING CODE 4000–01–P CFR part 200, subpart D; has not made substantial progress in achieving fulfilled the conditions of a prior grant; the goals and objectives of the project; or is otherwise not responsible. whether the grantee has expended funds in a manner that is consistent with its VI. Award Administration Information DEPARTMENT OF ENERGY approved application and budget; and, 1. Award Notices: If your application if the Secretary has established National Nuclear Security is successful, we notify your U.S. performance measurement Administration Representative and U.S. Senators and requirements, the performance targets in send you a Grant Award Notification the grantee’s approved application. In Defense Programs Advisory (GAN); or we may send you an email making a continuation grant, the Committee containing a link to access an electronic Secretary also considers whether the version of your GAN. We may notify grantee is operating in compliance with AGENCY: Office of Defense Programs, you informally, also. the assurances in its approved National Nuclear Security If your application is not evaluated or application, including those applicable Administration, Department of Energy. not selected for funding, we notify you. to Federal civil rights laws that prohibit 2. Administrative and National Policy discrimination in programs or activities ACTION: Notice of renewal. Requirements: We identify receiving Federal financial assistance administrative and national policy from the Department (34 CFR 100.4, SUMMARY: Pursuant to section requirements in the application package 104.5, 106.4, 108.8, and 110.23). 14(a)(2)(A) of the Federal Advisory and reference these and other Committee Act (Pub. L. 92–463), and in VII. Agency Contact requirements in the Applicable accordance with title 41, Code of Regulations section of this notice. FOR FURTHER INFORMATION CONTACT: Federal Regulations, section 102– We reference the regulations outlining Jeanne Gilroy, U.S. Department of 3.65(a), and following consultation with the terms and conditions of an award in Education, 400 Maryland Avenue SW., the Committee Management Secretariat, the Applicable Regulations section of Room 4W227, Washington, DC 20202– General Services Administration, notice this notice and include these and other 5960. Telephone: (202) 453–6474, or by is hereby given that the Defense specific conditions in the GAN. The email: [email protected]. Programs Advisory Committee (DPAC) GAN also incorporates your approved If you use a TDD or a TTY, call the will be renewed for a two-year period application as part of your binding FRS, toll free, at 1–800–877–8339. beginning on February 12, 2015. commitments under the grant. 3. Reporting: (a) If you apply for a VIII. Other Information The DPAC will provide advice and grant under this competition, you must Accessible Format: Individuals with recommendations to the Deputy ensure that you have in place the disabilities can obtain this document Administrator for Defense Programs on necessary processes and systems to and a copy of the application package in the stewardship and maintenance of the comply with the reporting requirements an accessible format (e.g., braille, large Nation’s nuclear deterrent. in 2 CFR part 170 should you receive print, audiotape, or compact disc) on Additionally, the renewal of the funding under the competition. This request to the program contact person Committee has been determined to be does not apply if you have an exception listed under FOR FURTHER INFORMATION essential to the conduct of the under 2 CFR 170.110(b). CONTACT in section VII of this notice. Department’s business and to be in the (b) At the end of your project period, Electronic Access to This Document: public interest in connection with the you must submit a final performance The official version of this document is performance of duties imposed upon the report, including financial information, the document published in the Federal Department of Energy by law and as directed by the Secretary. If you Register. Free Internet access to the agreement. The Committee will receive a multi-year award, you must official edition of the Federal Register continue to operate in accordance with submit an annual performance report and the Code of Federal Regulations is the provisions of the Federal Advisory that provides the most current available via the Federal Digital System Committee Act and the rules and performance and financial expenditure at: www.gpo.gov/fdsys. At this site you regulations in implementation of that information as directed by the Secretary can view this document, as well as all Act. under 34 CFR 75.118. The Secretary other documents of this Department may also require more frequent published in the Federal Register, in FOR FURTHER INFORMATION CONTACT: Ms. performance reports under 34 CFR text or Adobe Portable Document Loretta Martin, Office of Defense 75.720(c). For specific requirements on Format (PDF). To use PDF you must Programs, at (202) 586–7996. reporting, please go to www.ed.gov/ have Adobe Acrobat Reader, which is fund/grant/apply/appforms/ available free at the site. Issued in Washington, DC, on February 12, appforms.html. You may also access documents of the 2015. 4. Performance Measures: The long- Department published in the Federal Amy Bodette, term performance indicator for this Register by using the article search Committee Management Officer. program is whether, at the end of the feature at: www.federalregister.gov. [FR Doc. 2015–03591 Filed 2–20–15; 8:45 am] program, the student achievement gains Specifically, through the advanced BILLING CODE 6450–01–P of participants are greater than those of search feature at this site, you can limit students in control or comparison your search to documents published by groups. Data for the performance the Department.

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ENVIRONMENTAL PROTECTION Washington, DC 20460; telephone to obtain or retain a benefit (40 CFR AGENCY number: 703–308–5477; fax number: parts 266 and 279). 703–308–8433; email address: Estimated number of respondents: [EPA–HQ–RCRA–2014–0694; FRL—9922– 134,280. 67–OEI] [email protected]. SUPPLEMENTARY INFORMATION: Frequency of response: Occasionally. Information Collection Request Supporting documents, which explain Total estimated burden: 679,354 Submitted to OMB for Review and in detail the information that the EPA hours per year. Burden is defined at 5 Approval; Comment Request; will be collecting, are available in the CFR 1320.03(b) Requirements and Exemptions for public docket for this ICR. The docket Total estimated cost: $44,737,952 (per Specific RCRA Wastes (Renewal) can be viewed online at year), includes $10,015,823 annualized www.regulations.gov or in person at the capital or operation & maintenance AGENCY: Environmental Protection EPA Docket Center, EPA WJC, Room costs. Agency (EPA). 3334, 1301 Constitution Ave. NW., Changes in the Estimates: There is an ACTION: Notice. Washington, DC. The telephone number increase of 28,189 hours in the total for the Docket Center is 202–566–1744. estimated respondent burden compared SUMMARY: The Environmental Protection For additional information about EPA’s with the ICR currently approved by Agency has submitted an information public docket, visit http://www.epa.gov/ OMB. This increase is due to updating collection request (ICR), ‘‘Requirements dockets. the current Universe and Mixed Waste and Exemptions for Specific RCRA Abstract: In 1995, EPA promulgated estimates. Wastes (Renewal)’’ (EPA ICR No. regulations at 40 CFR part 273 that 1597.11, OMB Control No. 2050–0145) Courtney Kerwin, govern the collection and management to the Office of Management and Budget Acting Director, Collection Strategies of widely-generated hazardous wastes (OMB) for review and approval in Division. known as ‘‘Universal Wastes.’’ Part 273 accordance with the Paperwork [FR Doc. 2015–03541 Filed 2–20–15; 8:45 am] regulations are designed to ensure Reduction Act (44 U.S.C. 3501 et seq.). BILLING CODE 6560–50–P facilities collect and properly manage This is a proposed extension of the ICR, these wastes. EPA needs to collect which is currently approved through notifications of Universal Waste February 28, 2015. Public comments ENVIRONMENTAL PROTECTION management to obtain general were previously requested via the AGENCY information on handlers and to facilitate Federal Register (79 FR 65652) on enforcement of the part 273 regulations, [EPA–HQ–OAR–2007–0269; FRL–9923–38– November 5, 2014 during a 60-day OAR] to ensure that Universal Waste is being comment period. This notice allows for accumulated responsibly, to collect an additional 30 days for public Proposed Information Collection information on illegal Universal Waste comments. A fuller description of the Request; Comment Request; shipments, and lastly to help ensure ICR is given below, including its Transportation Conformity that Universal Waste is being properly estimated burden and cost to the public. Determinations for Federally Funded treated, recycled, and/or disposed. In An Agency may not conduct or sponsor and Approved Transportation Plans, 2001, EPA promulgated regulations in and a person is not required to respond Programs and Projects 40 CFR part 266 that provide increased to a collection of information unless it flexibility to facilities managing wastes AGENCY: Environmental Protection displays a currently valid OMB control commonly known as ‘‘Mixed Waste.’’ Agency (EPA). number. Section 266.345(a) requires that ACTION: Notice. DATES: Additional comments may be generators or treaters notify EPA or the submitted on or before March 25, 2015. Authorized State that they are claiming SUMMARY: The Environmental Protection ADDRESSES: Submit your comments, the Transportation and Disposal Agency (EPA) is planning to submit an referencing Docket ID No. EPA–HQ– Conditional Exemption prior to the information collection request (ICR), RCRA–2014–0694, to (1) EPA online initial shipment of a waste to a LLRW ‘‘Transportation Conformity using www.regulations.gov (our disposal facility. Finally, the regulations Determinations for Federally Funded preferred method), by email to rcra- at 40 CFR part 279 establish streamlined and Approved Transportation Plans, [email protected], or by mail to: EPA procedures for notification, testing, Programs, and Projects’’ (EPA ICR No. Docket Center, Environmental labeling, and recordkeeping including 2130.05, OMB Control No. 2060–0561) Protection Agency, Mail Code 28221T, an approach for tracking off-site to the Office of Management and Budget 1200 Pennsylvania Ave. NW., shipments that allow used oil handlers (OMB) for review and approval in Washington, DC 20460, and (2) OMB via to use standard business practices (e.g., accordance with the Paperwork email to [email protected]. invoices, bill of lading). Used oil Reduction Act (44 U.S.C. 3501 et seq.). Address comments to OMB Desk Officer transporters must comply with all Before doing so, EPA is soliciting public for EPA. applicable packaging, labeling, and comments on specific aspects of the EPA’s policy is that all comments placarding requirements of 49 CFR parts proposed information collection as received will be included in the public 173, 178, and 179. In addition, used oil described below. This is a proposed docket without change including any transporters must report discharges of extension of the ICR. personal information provided, unless used oil according to existing 49 CFR DATES: Comments must be submitted on the comment includes profanity, threats, part 171 and 33 CFR part 153 or before April 24, 2015. information claimed to be Confidential requirements. ADDRESSES: Submit your comments, Business Information (CBI) or other Form Numbers: None. referencing Docket ID No. EPA–HQ– information whose disclosure is Respondents/affected entities: Private OAR–2007–0269 online using restricted by statute. Sector and State, Local, or Tribal www.regulations.gov (our preferred FOR FURTHER INFORMATION CONTACT: Governments. method) or by mail to: EPA Docket Peggy Vyas, Environmental Protection Respondent’s obligation to respond: Center, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Mandatory (40 CFR part 273), required Agency, Mail Code 28221T, 1200

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Pennsylvania Ave. NW., Washington, 176(c) (42 U.S.C. 7506(c)) to ensure that • Reduced burden as a result of areas DC 20460. federally supported transportation no longer determining conformity for EPA’s policy is that all comments activities are consistent with (‘‘conform the 1997 ozone NAAQS due to received will be included in the public to’’) the purpose of the state air quality revocation 2 anticipated in early 2015; docket without change including any implementation plan (SIP). and, personal information provided, unless Transportation activities include • Reduced burden as a result of areas the comment includes profanity, threats, transportation plans, transportation completing 20 years of maintenance for information claimed to be Confidential improvement programs (TIPs), and the PM10 and CO NAAQS, at which time Business Information (CBI) or other federally funded or approved highway transportation conformity is no longer information whose disclosure is or transit projects. Conformity to the required. restricted by statute. purpose of the SIP means that This ICR does not include burden FOR FURTHER INFORMATION CONTACT: transportation activities will not cause associated with the general Astrid Larsen, Transportation and or contribute to new air quality development of transportation planning Climate Division, State Measures and violations, worsen existing violations, or and air quality planning documents for Transportation Planning Center, delay timely attainment of the relevant meeting other federal requirements. Environmental Protection Agency, 2000 national ambient air quality standards Form numbers: None. Traverwood Drive, Ann Arbor, MI (NAAQS or ‘‘standards’’) or interim Respondents/affected entities: Entities 48105; telephone number: 734–214– milestones. potentially affected by this action are 4812; fax number: 734–214–4052; email Transportation conformity applies metropolitan planning organizations, address: [email protected]. under EPA’s conformity regulations at local transit agencies, state departments SUPPLEMENTARY INFORMATION: 40 CFR part 93, subpart A, to areas that of transportation, and state and local air Supporting documents which explain are designated nonattainment, and those quality agencies. Federal agencies in detail the information that the EPA redesignated to attainment after 1990 potentially affected by this action will be collecting are available in the (‘‘maintenance areas’’ with plans include FHWA, FTA, and EPA. public docket for this ICR. The docket developed under Clean Air Act section Respondent’s obligation to respond: can be viewed online at 175A) for the following transportation- Mandatory pursuant to Clean Air Act www.regulations.gov or in person at the related criteria pollutants: ozone, section 176(c) (42 U.S.C. 7506(c)) and 40 EPA Docket Center, WJC West, Room particulate matter (PM2.5 and PM10), CFR part 51 and 93. 3334, 1301 Constitution Ave. NW., carbon monoxide (CO), and nitrogen Estimated number of respondents: Washington, DC. The telephone number dioxide (NO2). The EPA published the EPA estimates that 126 MPOs will be for the Docket Center is 202–566–1744. original transportation conformity rule subject to conformity requirements For additional information about EPA’s on November 24, 1993 (58 FR 62188), during the period covered by this ICR public docket, visit www.epa.gov/ and subsequently published several and that EPA Regional Offices, the dockets. revisions. EPA develops the conformity FHWA, and FTA will be involved in Pursuant to section 3506(c)(2)(A) of regulations in coordination with the interagency consultation, and review of the PRA, EPA is soliciting comments Federal Highway Administration transportation-related conformity and information to enable it to: (i) (FHWA) and Federal Transit determinations performed by MPOs Evaluate whether the proposed Administration (FTA). during this process. EPA also estimates collection of information is necessary Transportation conformity that similar consultation will occur for for the proper performance of the determinations are required before projects in isolated rural areas. functions of the Agency, including federal approval or funding is given to Frequency of response: The whether the information will have certain types of transportation planning information collections described in this practical utility; (ii) evaluate the documents as well as non-exempt ICR must be completed before a 1 accuracy of the Agency’s estimate of the highway and transit projects. transportation plan, TIP, or project burden of the proposed collection of EPA considered the following in conformity determination is made. The renewing the existing ICR: Clean Air Act requires conformity to be information, including the validity of • the methodology and assumptions used; Burden estimates for transportation determined for transportation plans and (iii) enhance the quality, utility, and conformity determinations (including TIPs every four years. Conformity clarity of the information to be both regional and project-level) in determinations on projects in collected; and (iv) minimize the burden current nonattainment and maintenance metropolitan and isolated rural areas are of the collection of information on those areas for the ozone, PM2.5, PM10, CO, required on as as-needed bases. who are to respond, including through and NO2 NAAQS; Total estimated burden: 63,237 hours • Federal burden associated with the use of appropriate automated (per year). Burden is defined at 5 CFR EPA’s adequacy review process for electronic, mechanical, or other 1320.03(b). submitted SIP motor vehicle emissions technological collection techniques or Total estimated cost: $3,768,668 (per budgets that are to be used in other forms of information technology, year), includes zero annualized capital conformity determinations; e.g., permitting electronic submission of or operation and maintenance costs. • Efficiencies in areas making responses. EPA will consider the Changes in estimates: There is a conformity determinations for multiple comments received and amend the ICR decrease of 136,200 hours in the total NAAQS; as appropriate. The final ICR package estimated respondent burden compared • Differences in conformity resource will then be submitted to OMB for with the ICR currently approved by needs in large and small metropolitan review and approval. At that time, EPA OMB. This decrease is due to less areas and isolated rural areas; will issue another Federal Register • burden associated with decreased Burden estimates for the transition conformity analysis for PM CO and notice to announce the submission of from MOVES2010 to MOVES2014: 10, the ICR to OMB and the opportunity to 1997 ozone NAAQS, the transition from MOVES2010 to MOVES2014, decreased submit additional comments to OMB. 1 Some projects are exempt from all or certain Abstract: Transportation conformity is conformity requirements; see 40 CFR 93.126, required under Clean Air Act section 93.127, and 93.128. 2 See 78 FR 34178 (June 3, 2013).

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project-level conformity analyses, and Federal Register, pursuant to section the petitioner in accordance with a decreased EPA adequacy findings. 307(b) of the Act. settlement agreement reached on Dated: February 12, 2015. ADDRESSES: You may review copies of January 22, 2015 between the Petitioner Karl Simon, the final Orders, the petitions, and other and the EPA. The claims are described in detail in Director, Transportation and Climate supporting information at EPA Region 6, Division, Office of Transportation and Air 1445 Ross Avenue, Dallas, Texas 75202– Section IV of the Order. In summary, the Quality. 2733. issues raised are that: (1) the Compliance Assurance Monitoring [FR Doc. 2015–03577 Filed 2–20–15; 8:45 am] For Information: Please contact Brad (CAM) provisions in the Martin Lake, BILLING CODE 6560–50–P Toups at (214) 665–7258, email address: [email protected] or the above EPA, Monticello and Big Brown permits do Region 6 address, to view copies of the not assure compliance with the ENVIRONMENTAL PROTECTION final Orders, petitions, and other applicable particulate matter (PM) AGENCY supporting information. You may view emission limit during periods of startup, the hard copies Monday through Friday, shutdown, maintenance and [FRL–9923–16–Region 6] from 9:00 a.m. to 3:00 p.m., excluding malfunction; (2) the record supporting Federal holidays. If you wish to the CAM opacity indicator ranges for Clean Air Act Operating Permit examine these documents, you should PM for Monticello Units 1, 2 and 3 is Program; Petitions for Objection to make an appointment at least 24 hours deficient and not based on reliable data; State Operating Permits for Luminant before the visiting day. Additionally, the and (3) the Big Brown permit must be Generating Company, LLC Steam final January 23, 2015 Order is available revised to ensure that any credible Electric Generating Stations Martin electronically at: http://www.epa.gov/ evidence may be used to demonstrate Lake, Monticello, and Big Brown in region07/air/title5/petitiondb/petitions/ noncompliance with applicable Texas luminant_response2014.pdf. requirements. AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: The CAA Due to significant overlap in the Agency (EPA). affords the EPA a 45-day period to issues raised in the Petitions and the similarity of the relevant permit ACTION: Notice of final action. review, and object, as appropriate, to a title V operating permit proposed by a conditions in each of the three permits, SUMMARY: Pursuant to Clean Air Act state permitting authority. Section the EPA is responding to the identified (CAA) Section 505(b)(2) and 40 CFR 505(b)(2) of the CAA authorizes any portion of all three Petitions in this 70.8(d), the EPA Administrator signed person to petition the EPA Order on January 23, 2015. The EPA’s an Order, dated January 23, 2015, Administrator, within 60 days after the rationale for denying the addressed denying in part three petitions asking expiration of this review period, to claims is described in the Order. the EPA to object to operating permits object to a title V operating permit if the Dated: February 9, 2015. issued by the Texas Commission on EPA has not done so. Petitions must be Ron Curry, Environmental Quality (TCEQ) to based only on objections to the permit Regional Administrator, Region 6. Luminant Generating Company, LLC that were raised with reasonable [FR Doc. 2015–03583 Filed 2–20–15; 8:45 am] (Luminant) relating to three coal fired specificity during the public comment BILLING CODE 6560–50–P steam electric generating stations (SES) period provided by the state, unless the located in East and Northeast Texas. petitioner demonstrates that it was Title V operating permit number O53 impracticable to raise these issues ENVIRONMENTAL PROTECTION was issued by the TCEQ to Luminant for during the comment period or unless AGENCY the Martin Lake SES located in Rusk the grounds for the issue arose after this County, Texas. Title V operating permit period. [FRL–9923–31–Region 2] number O64 was issued to Luminant for The EPA received three petitions from Clean Water Act Section 303(d): the Monticello SES located in Titus the Petitioners, one dated February 26, Availability of List Decisions County, Texas, while title V operating 2014 for the Martin Lake permit, and permit number O65 was issued to one each dated March 3, 2014 for the AGENCY: Environmental Protection Luminant for the Big Brown SES located Monticello and Big Brown permits, to Agency (EPA). in Freestone County, Texas. The EPA’s object to operating permits issued to ACTION: Notice and request for January 23, 2015 Order responds to the Luminant Generating Company, LLC comments. three petitions submitted by the relating respectively to facilities located Environmental Integrity Project (EIP) in Rusk, Titus, and Freestone counties, SUMMARY: This notice announces EPA’s representing themselves and on behalf Texas. decision to identify certain water of Sierra Club (collectively, the The Order issued on January 23, 2015 quality limited waters and the Petitioners): the petition addressing the responds to claim V.A of the Martin associated pollutant to be listed Martin Lake permit was received on Lake Petition (pp. 5–9), the Monticello pursuant to the Clean Water Act Section February 26, 2014, while the petitions Petition (pp. 5–11) and the Big Brown 303(d)(2) on New York’s list of impaired addressing the Monticello permit and Petition (pp. 7–14) raised by EIP, the waters, and requests public comment. Big Brown permit were both received on Sierra Club having withdrawn all of Section 303(d)(2) requires that States March 4, 2014. Sections 307(b) and their objections prior to the issuance of submit, and EPA approve or disapprove, 505(b)(2) of the Act provide that a the order. The EIP requested that the lists of waters for which existing petitioner may ask for judicial review of Administrator object to the proposed technology-based pollution controls are those portions of the Orders that deny operating permits issued by the TCEQ to not stringent enough to attain or objections raised in the petitions by the Luminant on several bases. The three maintain State water quality standards United States Court of Appeals for the petitions did not raise identical claims; and for which total maximum daily appropriate circuit. Any petition for however, three common claims are loads (TMDLs) must be prepared. review shall be filed within 60 days addressed in the issued order. The On January 13, 2015, EPA from the date this notice appears in the remaining issues are to be withdrawn by disapproved New York’s decision to

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exclude Jones Inlet/Jones Bay from its correspondence dated November 3, the Committee will be allowed a 2014 303(d) list. EPA evaluated existing 2014, January 5, 2015 and January 7, maximum of five minutes to present and readily available data and 2015. On January 13, 2015, EPA their point of view. Also, written information and concluded that the partially approved New York’s comments should be submitted applicable narrative water quality submittal of the 303(d) list, and electronically to [email protected]. standard for nutrients is being exceeded disapproved New York’s decision to Please contact the Designated Federal in Jones Inlet/Jones Bay. Based on this exclude Jones Inlet/Jones Bay from the Officer (DFO) at the number listed evaluation, EPA has determined that 2014 list. EPA is soliciting public below to schedule a time on the agenda. Jones Inlet/Jones Bay is not fully comment on the addition of this water Time will be allotted on a first-come attaining the water quality standards to the State’s list, as required by 40 CFR first-serve basis, and the total period for established by New York State and 130.7(d)(2). comments may be extended if the should be included on the State’s 303(d) Authority: Clean Water Act, 33 U.S.C. 1251 number of requests for appearances list of impaired waters. et seq. requires it. EPA is providing the public the ADDRESSES: The Small Communities opportunity to review its decision to Dated: January 26, 2015. Judith A. Enck, Advisory Subcommittee and Local add this water to New York’s 303(d) list, Government Advisory Committee as required by 40 CFR 130.7(d)(2). EPA Regional Administrator, U.S. Environmental Protection Agency, Region 2. meetings will meet via teleconference. will consider public comments before Meeting summaries will be available transmitting its final listing decision to [FR Doc. 2015–03578 Filed 2–20–15; 8:45 am] after the meeting online at the State. BILLING CODE 6560–50–P www.epa.gov/ocir/scas_lgac/lgac_ DATES: Comments must be submitted to index.htm and can be obtained by EPA on or before March 25, 2015. written request to the DFO. ADDRESSES: Comments on the proposed ENVIRONMENTAL PROTECTION AGENCY FOR FURTHER INFORMATION CONTACT: decision should be sent to Dana Flint, Local Government Advisory Committee U.S. Environmental Protection Agency [FRL–9923–33–OA] (LGAC) and Small Communities Region 2, 290 Broadway, New York, NY Advisory Subcommittee (SCAS), contact 10007, email [email protected], Meetings of the Small Community Frances Eargle, Designated Federal telephone (212)–637–3635. Oral Advisory Subcommittee and the Local Officer, at (202) 564–3115 or email at comments will not be considered. Government Advisory Committee [email protected]. Copies of EPA’s letter explaining the AGENCY: Environmental Protection Information on Services for Those rationale for EPA’s decision concerning Agency (EPA). with Disabilities: For information on New York’s list can be obtained by access or services for individuals with calling or emailing Mrs. Flint at the ACTION: Notice; announcement of disabilities, please contact Frances address above. Underlying documents meetings. Eargle at (202) 564–3115 or email at from the administrative record for these SUMMARY: The Small Community [email protected]. To request decisions are available for public Advisory Subcommittee (SCAS) will accommodation of a disability, please inspection at the above address. Please meet via teleconference on Tuesday, request it 10 days prior to the meeting, contact Mrs. Flint to schedule an March 10, 2015, 1:00 p.m.–2:00 p.m. to give EPA as much time as possible to inspection. (EST). The Subcommittee will discuss process your request. FOR FURTHER INFORMATION CONTACT: an EPA Rural Strategy and other small Dated: February 10, 2015. Dana Flint at (212) 637–3635 or at community issues. This is an open Frances Eargle, [email protected]. meeting. Individuals or organizations Designated Federal Officer. Local Government SUPPLEMENTARY INFORMATION: Section wishing to address the Subcommittee Advisory Committee. 303(d) of the Clean Water Act (CWA) meeting will be allowed a maximum of requires that each state identify those five minutes to present their point of [FR Doc. 2015–03563 Filed 2–20–15; 8:45 am] waters for which existing technology- view on issues pertaining to small BILLING CODE 6560–50–P based pollution controls are not communities. stringent enough to attain or maintain The Local Government Advisory Committee (LGAC) will meet via ENVIRONMENTAL PROTECTION state water quality standards. For those AGENCY waters, states are required to establish teleconference on Tuesday, March 10, TMDLs according to a priority ranking. 2015, 2:00 p.m.–3:00 p.m. (EST). The EPA’s Water Quality Planning and Committee meeting will focus on the [EPA–HQ–OAR–2007–1196; FRL–9923–36– Management regulations include Small Community Advisory OAR] requirements related to the Subcommittee’s action on an EPA Rural Recent Postings of Broadly Applicable implementation of section 303(d) of the Strategy and other LGAC Workgroup Alternative Test Methods CWA (40 CFR 130.7). The regulations actions such as a Water Infrastructure require states to identify water quality and Resiliency Finance Center, and AGENCY: Environmental Protection limited waters still requiring TMDLs other LGAC actions. Agency (EPA). every two years. The lists of waters still These are open meetings, and all ACTION: Notice of availability. needing TMDLs must also include interested persons are invited to priority rankings, identify the pollutants participate. The Subcommittee will hear SUMMARY: This notice announces the causing the impairment, and identify comments from the public on Tuesday, broadly applicable alternative test the waters targeted for TMDL March 10, 2015, 1:15 p.m.–1:30 p.m. method approval decisions the development during the next two years (EST) and the Committee will hear Environmental Protection Agency (EPA) (40 CFR 130.7). comments from the public 2:15 p.m.– has made under and in support of New Consistent with EPA’s regulations, 2:30 p.m. (EST) on Tuesday, March 10, Source Performance Standards (NSPS), New York submitted its listing decisions 2015. Individuals or organizations the National Emission Standards for under Section 303(d)(2) to EPA in wishing to address the Subcommittee or Hazardous Air Pollutants (NESHAP),

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and the Consolidated Federal Air Rule authority is found in sections 60.8(b)(3), Table 1 serves only as a brief summary under the Clean Air Act (CAA) in 2014. 61.13(h)(1)(ii), and 63.7(e)(2)(ii). A of the broadly applicable alternative test FOR FURTHER INFORMATION CONTACT: An similar authority is granted in 40 CFR methods. electronic copy of each alternative test part 65 under section 65.158(a)(2). In This notice also acknowledges two method approval document is available the past, we have performed thorough broadly applicable test method on the EPA’s Web site at www.epa.gov/ technical reviews of numerous requests approvals that we retracted in 2014. ttn/emc/approalt.html. For questions for alternatives and modifications to test Broadly applicable alternative test about this notice, contact Ms. Lula H. methods and procedures. Based on method approvals referred to as ALT– these reviews, we have often found that Melton, Air Quality Assessment 061 and ALT–087 issued on September these changes or alternatives would be Division, Office of Air Quality Planning 22, 2009, and July 27, 2011, equally valid and appropriate to apply and Standards (E143–02), respectively, were withdrawn. In the to other sources within a particular Environmental Protection Agency, Federal Register notices dated February class, category, or subcategory. Research Triangle Park, NC 27711; 22, 2010, and February 15, 2012, we Consequently, we have concluded that, telephone number: (919) 541–2910; fax announced the approvals of the use of number: (919) 541–0516; email address: where a method modification or an single-point sampling at the centroid of [email protected]. For technical alternative method is clearly broadly the exhaust when sampling gaseous questions about individual alternative applicable to a class, category, or emissions and diluent gases from test method decisions, refer to the subcategory of sources, it is both more federally regulated engines. However, contact person identified in the equitable and efficient to approve its use based on comments that we received (on individual approval documents. for all appropriate sources and the proposed rule titled, ‘‘Revisions to SUPPLEMENTARY INFORMATION: situations at the same time. It is important to clarify that Test Methods and Testing Regulations,’’ I. General Information alternative methods are not mandatory published in the Federal Register on January 9, 2012) from the Alaska A. Does this notice apply to me? but permissive. Sources are not required to employ such a method but may Department of Environmental This notice will be of interest to choose to do so in appropriate cases. Conservation in a letter dated March 9, entities regulated under 40 Code of Source owners or operators should 2012, we no longer believe that this Federal Regulations (CFR) parts 60 and review the specific broadly applicable alternative is appropriate for broad 63, state, local, and tribal agencies, and alternative method approval decision on applicability. Therefore, we have the EPA Regional Offices responsible for the EPA’s Web site at www.epa.gov/ttn/ withdrawn broadly applicable implementation and enforcement of emc/approalt.html before electing to alternative approvals, ALT–061 and regulations under 40 CFR parts 60 and employ it. As per section 63.7(f)(5), by ALT–087. Please refer to the withdrawal 63. electing to use an alternative method for memo on EPA’s Web site at http:// B. How can I get copies of this 40 CFR part 63 standards, the source www.epa.gov/ttn/emc/approalt.html for information? owner or operator must continue to use details regarding our decision to You may access copies of the broadly the alternative method until approved withdraw ALT–061 and ALT–087. applicable alternative test method otherwise. If you are aware of reasons why a approval documents from the EPA’s The criteria for approval and particular alternative test method Web site at www.epa.gov/ttn/emc/ procedures for submission and review approval that we issued should not be approalt.html. of broadly applicable alternative test broadly applicable, we request that you methods are outlined at 72 FR 4257 make us aware of the reasons in writing, II. Background (January 30, 2007). We will continue to and we will revisit the broad approval. Broadly applicable alternative test announce approvals for broadly Any objection to a broadly applicable method approval decisions made by the applicable alternative test methods on alternative test method, as well as the EPA in 2014 under the NSPS, 40 CFR the EPA’s Web site at www.epa.gov/ttn/ resolution of that objection, will be part 60 and the NESHAP, 40 CFR part emc/approalt.html and publish a notice announced on the EPA’s Web site at 63 are identified in this notice (see annually that summarizes approvals for www.epa.gov/ttn/emc/approalt.html Table 1). Source owners and operators broadly applicable alternative test and in the subsequent Federal Register may voluntarily use these broadly methods. notice. If we decide to retract a broadly applicable alternative test methods This notice comprises a summary of applicable test method, we would subject to their specific applicability. four such approval documents posted to continue to grant case-by-case Use of these broadly applicable our Technology Transfer Network from approvals, as appropriate, and would (as alternative test methods does not change January 1, 2014, through December 31, states, local and tribal agencies and the the applicable emission standards. 2014. The alternative method decision EPA Regional Offices should) consider As explained in a previous Federal letter/memo number, the reference the need for an appropriate transition Register notice published at 72 FR 4257 method affected, sources allowed to use period for users either to request case- (January 30, 2007) and found on the this alternative, and the modification or by-case approval or to transition to an EPA’s Web site at www.epa.gov/ttn/ alternative method allowed are approved method. emc/approalt.html, the EPA summarized in Table 1 of this notice. Administrator has the authority to Please refer to the complete copies of Dated: February 8, 2015. approve the use of alternative test these approval documents available Stephen D. Page, methods to comply with requirements from the EPA’s Web site at Director, Office of Air Quality Planning and under 40 CFR parts 60, 61, and 63. This www.epa.gov/ttn/emc/approalt.html as Standards.

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TABLE 1—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS REFERENCED IN OR PUBLISHED UNDER APPENDICES IN 40 CFR PARTS 60 AND 63 POSTED BETWEEN JANUARY 2014 AND DECEMBER 2014

Alternative method decision letter/memo As an alternative or modification For . . . You may . . . number to . . .

ALT–105 ...... Method 25A—Determination of Total Sources subject to 40 CFR part 63, Produce and use vendor certified cali- Gaseous Organic Concentration subpart BBBBBB; 40 CFR part 63, bration gases that meet the following Using a Flame Ionization Analyzer subpart R, and 40 CFR part 60, sub- requirements: prepared in accord- or Method 25B—Determination of part XX. ance with ISO 6142; analyzed in ac- Total Gaseous Organic Concentra- cordance with ISO 6143; filled at tion Using a Nondispersive Infrared ISO 17025 accredited laboratories; Analyzer. and have a total expanded uncer- tainty of less than 1% (relative) with caveats stipulated in the agency’s approval letter dated May 12, 2014. ALT–106 ...... Method 18—Measurement of Gaseous Spark ignition internal combustion en- Use an alternative testing approach Organic Compound Emissions by gines subject to 40 CFR part 60, using GC to separate and measure Gas Chromatography or Method subpart JJJJ. methane and ethane, followed by 25A—Determination of Total Gas- GC back-flush procedures to meas- eous Organic Concentration Using a ure NMEOC in post-combustion Flame Ionization Analyzer. emissions with caveats stipulated in the agency’s approval letter dated June 6, 2014. ALT–107 ...... Test methods to demonstrate initial Stationary reciprocating internal com- Use a certified and quality assured CO and annual compliance with CO bustion engines subject to 40 CFR and O2 CEMS that meet the criteria testing requirements prescribed in part 63, subpart ZZZZ—National specified in the agency’s approval paragraph 63.6630(e) of 40 CFR Emissions Standards for Hazardous letter dated November 20, 2013. part 63, subpart ZZZZ. Air Pollutants for Stationary Recipro- cating Internal Combustion Engines. ALT–108 ...... The minimum sample volume require- Sources subject to 40 CFR part 63, Use a 2-hour minimum sampling time ment of 30 dscf when using Method subpart EEEEEEE, National Emis- in lieu of a 30 dscf minimum sample 29—Determination of Metals Emis- sion Standards for Hazardous Air volume when Method 29 is applied. sions from Stationary Sources. Pollutants: Gold Mine Ore Proc- essing and Production Area Source Category. Source owners or operators should review the specific broadly applicable alternative method approval letter on the EPA’s Web site at www.epa.gov/ttn/emc/approalt.html before electing to employ it.

[FR Doc. 2015–03581 Filed 2–20–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: For Government due to snow. At the BILLING CODE 6560–50–P additional information on this meeting, the Committee will discuss (i) proceeding, contact Brendan Murray, the scope of the report that it will [email protected], of the Media deliver to the Commission, (ii) the Bureau, Policy Division, (202) 418–1573 ultimate goals of interested parties with FEDERAL COMMUNICATIONS or Nancy Murphy, Nancy.Murphy@ respect to navigation device conditional COMMISSION fcc.gov, of the Media Bureau, (202) 418– access and content security, (iii) 1043. recommended working groups and the Federal Advisory Committee Act; SUPPLEMENTARY INFORMATION: tasks for which they will be responsible, Downloadable Security Technology The meeting will be held on February and (iv) any other topics related to the Advisory Committee 23, 2015, from 10:00 a.m. to 4:00 p.m. DSTAC’s work that may arise. The Commission will provide audio AGENCY: Federal Communications in the Commission Meeting Room of the and/or video coverage of the meeting Commission. Federal Communications Commission, Room TW–C305, 445 12th Street SW., over the Internet from the FCC’s Web ACTION: Notice. Washington, DC 20554. page at http://www.fcc.gov/live. The The DSTAC is a Federal Advisory public may submit written comments SUMMARY: In accordance with the before the meeting to Brendan Murray, Federal Advisory Committee Act, this Committee that will ‘‘identify, report, DSTAC Designated Federal Officer, by notice advises interested persons that and recommend performance objectives, technical capabilities, and technical email to [email protected] or by U.S. the first meeting of the Federal standards of a not unduly burdensome, Postal Service Mail to 445 12th Street Communications Commission’s (FCC or uniform, and technology- and platform- SW., Room 4–A726, Washington, DC Commission) Downloadable Security neutral software-based downloadable 20554. Technology Advisory Committee security system.’’ On December 8, 2014, Open captioning will be provided for (DSTAC) has been rescheduled for the FCC, pursuant to the Federal this event. Other reasonable February 23, 2015 at the Commission Advisory Committee Act, established accommodations for people with headquarters in Washington, DC. the charter for the DSTAC. disabilities are available upon request. DATES: February 23, 2015. The meeting on February 23, 2015, Requests for such accommodations ADDRESSES: Federal Communications will be the first meeting of the DSTAC. should be submitted via email to Commission, Room TW–C305 The meeting was initially set to be held [email protected] or by calling the (Commission Meeting Room), 445 12th on February 17, 2015, but was cancelled Consumer & Governmental Affairs Street SW., Washington, DC 20554. because of closure of the Federal Bureau at (202) 418–0530 (voice), (202)

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418–0432 (tty). Such requests should FTC staff reviews each SORN on a interest determinations. This SORN also include a detailed description of the periodic basis. As a result of this pertains to other ethics records about accommodation needed. In addition, systematic review, the FTC made individual FTC employees, including please include a way the FCC can revisions to several of its SORNs on material addressing outside activities, contact you if it needs more April 17, 2009, 74 FR 17863, and on post-employment, and travel information. Please allow at least five August 27, 2010, 75 FR 52749. Based on reimbursement concerns. The Office of days’ advance notice; last-minute subsequent review, the FTC is making Government Ethics (OGE) has published requests will be accepted, but may be the following technical revisions to two Government-wide SORNs that impossible to fill. several of its SORNs and one of the together cover records in this FTC 1 Federal Communications Commission. appendices. system. See OGE/GOVT–1 (Public Financial Disclosure Reports and Other Marlene H. Dortch, I. FTC Law Enforcement Systems of Name-Retrieved Ethics Program Secretary. Records Records), OGE/GOVT–2 (Confidential [FR Doc. 2015–03611 Filed 2–18–15; 4:15 pm] FTC–I–8 (Stenographic Reporting Financial Disclosure Reports). See 68 FR BILLING CODE 6712–01–P Services Request System—FTC). This 3098, 24744 (2003). We have revised SORN covers the database system that FTC–II–7 to make it more consistent the FTC uses to log and fulfill requests with the OGE SORNs. FEDERAL TRADE COMMISSION by FTC attorneys for stenographic FTC–II–11 (Personnel Security, services in FTC investigations, litigation Identity Management, and Access Privacy Act of 1974; System of and other FTC matters. The Commission Control Records System—FTC). This Records Notices is including additional types of records SORN covers security-related records AGENCY: Federal Trade Commission under ‘‘category of records’’ and for determining the eligibility of FTC (FTC). changing the retrievability section to employees or other authorized ACTION: Notice of revised Privacy Act reflect the capabilities of a new internal individuals (e.g., on-site contractors) for system notices. software program used to track access to FTC facilities and resources, as stenographic services. The FTC also is well as records related to granting and SUMMARY: The FTC is making technical clarifying that the information controlling such access. The FTC has revisions to several of the notices that it maintained in this system can include a clarified that those materials obtained is required to publish under the Privacy deponent’s home address and that this from the Office of Personnel Act of 1974 to describe its systems of type of information is destroyed by the Management’s Federal Investigative records about individuals. This action is FTC when no longer needed. Services (OPM–FIS) remain the property intended to make these notices clearer, II. Federal Trade Commission of OPM–FIS and are subject to that more accurate, and up-to-date. 2 Personnel Systems of Records agency’s SORN. DATES: This notice shall become final III. Federal Trade Commission and effective on February 23, 2015. FTC–II–1 (General Personnel Records— FTC), Financial Systems of Records FOR FURTHER INFORMATION CONTACT: G. FTC–II–2 (Unofficial Personnel Richard Gold, Alex Tang, or Lorielle L. FTC–III–1 (Personnel Payroll Records—FTC), System—FTC). This SORN covers Pankey, Attorneys, Office of the General FTC–II–3 (Workers’ Compensation— Counsel, FTC, 600 Pennsylvania payroll processing and retirement FTC), records for FTC employees. As noted Avenue NW., Washington, DC 20580, FTC–II–4 (Employment Application- (202) 326–2424. above, the Human Resources Related Records—FTC), Management Office (HRMO) is now the SUPPLEMENTARY INFORMATION: To inform FTC–II–8 (Employee Adverse Action and Human Capital Management Office the public, the FTC publishes in the Disciplinary Records—FTC), (HCMO), and the FTC has revised the Federal Register and posts on its Web FTC–II–10 (Employee Health Care title of the system manager for this site a ‘‘system of records notice’’ (SORN) Records—FTC), and system to reflect this change. for each system of records about FTC–II–12 (e-Train Learning FTC–III–3 (Financial Management individuals that the FTC currently Management System—FTC). System—FTC). This SORN covers FTC maintains within the meaning of the These SORNs relate to FTC employee records of payments or reimbursements Privacy Act of 1974, as amended, 5 records. The Human Resources for travel by its employees and others U.S.C. 552a. See http://www.ftc.gov/ Management Office (HRMO) is now the and payments for the acquisition of about-ftc/foia/foia-reading-rooms/ Human Capital Management Office other goods or services. The FTC has privacy-act-systems. Each SORN (HCMO). We have revised the titles of revised FTC–III–3 to update the describes the records maintained in system managers and other references in hyperlink to the related SORN each system, including the categories of these SORNs to reflect this change. For published by Department of the Interior individuals that the records in the FTC–II–2 (Unofficial Personnel (DOI), which processes and manages system are about (e.g., FTC employees Records—FTC), we also have clarified financial data for the FTC. See DOI–91 or consumers). Each system notice also the retention and disposal section. (Federal Financial System), 78 FR 55284 contains information explaining how FTC–II–7 (Ethics Program Records– (Sept. 10, 2013). individuals can find out from the FTC). This SORN covers financial agency if that system contains any disclosure forms, ethics agreements and IV. FTC Correspondence Systems of records about them. other records related to conflict of Records On June 12, 2008, the FTC FTC–IV–1 (Consumer Information republished and updated all of the 1 The FTC is not adding or changing any routine System—FTC). This SORN covers FTC’s SORNs, describing all of the uses of its system records, adding any new systems, consumer complaints and information agency’s systems of records covered by or making other significant system changes that would require prior public comment or notice to the Privacy Act in a single document for the Office of Management & Budget (OMB) and 2 This is OPM/CENTRAL–9 (Personnel ease of use and reference. 73 FR 33592. Congress. See U.S.C. 552a(e)(11) and 552a(r); OMB Investigations Records), which was most recently To ensure the SORNs remain accurate, Circular A–130, Appendix I. amended at 75 FR 28307 (May 20, 2010).

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requests received from consumers, as building repairs, maintenance or other CATEGORIES OF RECORDS IN THE SYSTEM: well as identity theft complaints. We administrative services. The FTC is Name, phone number, mail drop, and have revised the SORN’s exemption clarifying that this system’s purpose FTC organization of the individual language to incorporate the pre-existing also includes registering, tracking and requesting stenographic reporting (k)(2) exemption as set out in 16 CFR controlling usage of FTC desktop and services and other information about the 4.13(m)(2) applicable to identity theft mobile telephones and other FTC service request, including but not records. This merely corrects an telecommunication devices by limited to: request number, request inadvertent omission in the 2008 SORN individual users. Additionally, the status, request submitted date, funding update and republication, rather than categories of records includes organization name and number, matter establishing any new exemption.3 individual users of any of these types of name, number and organization, activity devices. Due to an internal VII. FTC Miscellaneous Systems of code name and number, lead attorney reorganization of the agency’s Records name and number, contract and delivery information and technology resources, order number and name, deponent FTC–VII–2 (Employee Locator the FTC is revising this SORN to delete name, witness language, due dates, (STAFFID) System—FTC). This SORN the Assistant Chief Information Officer, service date and time, duration time of tracks and locates employees, Customer Services, Office of service, name and number of contractors, volunteers or others (e.g., Information and Technology individuals eligible to purchase the students) working for or at the FTC. The Management as one of the system transcripts, name and address of FTC is updating the system manager managers. The FTC is updating the title location where deposition will be taken entry to Assistant Director for for the existing system manager, who is including home addresses when Infrastructure Operations, Office of the the Assistant Director for Applications, applicable, type of recording device that Chief Information Officer. Office of the Chief Information Officer. FTC–VII–3 (Computer Systems User contains the material to be transcribed, Identification and Access Records— Appendix III (FTC System Locations). type of formatting required for draft and FTC). This SORN covers records that the This Appendix includes the addresses final copies; recording details such as FTC maintains on those who have of all FTC facilities, including its number of recordings, total minutes, access to FTC computer systems in satellite building in Washington, DC, digital file size, total number of tapes/ order to monitor and control the usage and regional offices. It also explains that CDs/DVDs; original language of media, of such systems. The FTC is revising the FTC may maintain records in other specific types of audio and video and this SORN to delete the Assistant Chief leased facilities or, in certain cases, may the name, address and phone number of Information Officer, Operations have contractors operate or maintain anybody other than the requester that is Assurance, Office of Information and Privacy Act record systems off-site. The receiving a copy of the transcript. FTC is updating the list of these Technology Management, as one of the * * * * * system managers. The FTC is also facilities to include changes to satellite locations in the Washington, DC, area. updating the title of the remaining PURPOSE(S): system manager, who is the Assistant The entire appendix as revised is set out Director for Infrastructure Operations, below. To track and fulfill FTC staff requests for stenographic services from the Office of the Chief Information Officer. FTC Systems of Records Notices FTC–VII–4 (Call Detail Records— agency’s stenographic reporting service FTC). This SORN covers records that the Accordingly, the FTC revises and contractors; to schedule services with FTC maintains on telephone system updates its Privacy Act systems of such contractors; to provide information usage by FTC employees, contractors records below as follows: necessary for the contractor to render and other individuals who work at the such services; and for other internal I. FTC Law Enforcement Systems of FTC. Due to an internal reorganization administrative purposes, including to Records of the agency’s information and ensure that stenographic services are technology resources, the FTC is * * * * * being properly allocated and authorized, revising this SORN to delete the to provide statistical data on service FTC–I–8 Assistant Chief Information Officer, usage for agency managerial and budget Customer Services, Office of SYSTEM NAME: purposes, and as source for transcript Information and Technology dates and times for incorporation as Management as one of the system Stenographic Reporting Services appropriate into FTC–I–5 (Matter managers. The FTC is updating the title Request System—FTC. Management System—FTC) and FTC– of the remaining system manager, who * * * * * VII–6 (Document Management and is the Assistant Director for Retrieval System—FTC). CATEGORIES OF INDIVIDUALS COVERED BY THE Infrastructure Operations, Office of the * * * * * Chief Information Officer. SYSTEM: FTC–VII–7 (Information Technology FTC staff who have requested RETRIEVABILITY: Service Ticket System—FTC). This stenographic reporting services for SORN tracks and fulfills requests made depositions, testimony or other Data in the system may be retrieved by employees or other individuals for transcriptions in FTC proceedings; other electronically by the name of the FTC staff or contractors involved in individual being deposed or providing 3 In the 2008 SORN update and republication, the processing the request or providing such testimony, the individual requesting previously separate Identity Theft Complaint services; witnesses or other individuals stenographic services, the managing Management System was incorporated into the attorney, the fund manager name, the broader Consumer Information System. Pursuant to who are deposed or provide testimony 5 U.S.C. 552a(k)(2), the Identity Theft Management at hearings or proceedings in which request number, the matter number, the System was exempt from the requirements of stenographic reporting services are delivery order number, the contract subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), (I), and used. (Businesses, sole proprietorships, number, or by other data entered into (f) of 5 U.S.C. 552a, and the corresponding and searchable in the system. provisions of 16 CFR 4.13. See FTC Rules of or corporations are not covered by this Practice 4.13(m), 16 CFR 4.13(m). system.) * * * * *

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RETENTION AND DISPOSAL: reductions in force, resignations, how the individual wants the Records are retained and disposed of separations, suspensions, approval of investments to be made in the various in accordance with Schedule 2 of FTC disability retirement applications, TSP Funds. Records Retention Schedule N1–122– retirement and removals. m. Copies of records contained in the 09–1, which was approved by the c. Records relating to participation in Enterprise Human Resources Integration National Archives and Records the Federal Employees’ Group Life (EHRI) data warehouse (including the Administration. The FTC will destroy Insurance Program and Federal Central Employee Record, the Business home address information for deponents Employees Health Benefits Program. Intelligence file that provide resources when no longer needed as non-record d. Records relating to an to obtain career summaries, and the material. Intergovernmental Personnel Act electronic Official Personnel Folder * * * * * assignment or Federal-private exchange (eOPF)) maintained by OPM. These data program. elements include many of the above II. Federal Trade Commission Personnel e. Records relating to participation in records along with additional human Systems of Records an agency Federal Executive or SES resources information such as training, FTC–II–1 Candidate Development Program. payroll and performance information f. Records relating to Government- from other OPM and agency systems of SYSTEM NAME: sponsored training or participation in records. A definitive list of EHRI data General Personnel Records—FTC. the agency’s Upward Mobility Program elements is contained in OPM’s Guide * * * * * or other personnel programs designed to to Human Resources Reporting and The broaden an employee’s work CATEGORIES OF RECORDS IN THE SYSTEM: Guide to Personnel Data Standards. experiences and for purposes of n. Emergency contact information for Each category of records may include advancement (e.g., an administrative the employee (see, e.g., FTC Form 75), identifying information such as name(s), intern program). which is kept on the left side of the date of birth, home residence, mailing g. Records connected with the Senior OPF. address, Social Security number, and Executive Service (SES), for use in * * * * * home telephone number. This system making studies and analyses of the SES, includes, but is not limited to, the preparing reports, and in making SAFEGUARDS: contents of the Official Personnel Folder decisions affecting incumbents of these Access is restricted to agency (OPF) maintained by the FTC’s Human positions, e.g., relating to sabbatical personnel or contractors whose Capital Management Office (HCMO) and leave programs, training, reassignments, responsibilities require access. Paper described in the United States Office of and details, that are perhaps unique to records are maintained in lockable Personnel Management (OPM) Guide to the SES and which may or may not be rooms or file cabinets. (In addition, FTC Personnel Recordkeeping and in OPM’s filed in the employee’s OPF. These HCMO offices are in a locked suite Government-wide system of records records may also serve as basis for separate from other FTC offices not notice for this system, OPM/GOVT–1. reports submitted to OMB’s Executive generally accessible to the public or (Nonduplicative personnel records Personnel and Management other FTC staff.) Access to electronic maintained by FTC employee managers Development Group for purposes of records is controlled by ‘‘user ID’’ and in other FTC offices are covered by implementing the Office’s oversight password combinations and/or other FTC–II–2, Unofficial Personnel responsibilities concerning the SES. appropriate electronic access or network Records–FTC.) Records in this system h. Records on an employee’s activities controls (e.g., firewalls). FTC buildings (FTC–II–(1) include copies of current on behalf of the recognized labor are guarded and monitored by security employees’ applications for organization representing agency personnel, cameras, ID checks, and employment, documentation supporting employees, including accounting of other physical security measures. appointments and awards, benefits official time spent and documentation * * * * * records (health insurance, life in support of per diem and travel insurance, retirement information, and expenses. SYSTEM MANAGER(S) AND ADDRESS: Thrift Savings Plan information), i. To the extent that the records listed Director, Human Capital Management investigative process documents, here are also maintained in the agency Office, Federal Trade Commission, 600 personnel actions, other personnel automated personnel or microform Pennsylvania Avenue NW., Washington, documents, changes in filing records system, those versions of the DC 20580. requirements, and training documents. above records are considered to be Other records include: covered by this system notice. Any NOTIFICATION PROCEDURE; RECORD ACCESS a. Records reflecting work experience, additional copies of these records PROCEDURES; AND CONTESTING RECORD educational level achieved, specialized (excluding performance ratings of PROCEDURES: education or training obtained outside record and conduct-related documents See Appendix II. Current FTC of Federal service. maintained by first-line supervisors and employees may also request access to b. Records reflecting Federal service managers covered by FTC–II–2) their records directly through their and documenting work experience and maintained by agencies at field or designated FTC HCMO contact or specialized education or training administrative offices remote from managers, as applicable, and may be received while employed. Such records where the original records exist are required to complete a written request contain information about past and considered part of this system. form and to show identification to present positions held; grades; salaries; j. Records relating to designations for obtain access to their records. and duty station locations; lump sum death benefits. Former FTC employees subsequently commendations, awards, or other data k. Records relating to classified employed by another Federal agency reflecting special recognition of an information nondisclosure agreements. should contact the personnel office for employee’s performance; and notices of l. Records relating to the Thrift their current Federal employer. Former all personnel actions, such as Savings Plan (TSP) concerning the employees who have left Federal service appointments, transfers, reassignments, starting, changing, or stopping of and want access to their official details, promotions, demotions, contributions to the TSP as well as the personnel records in storage should

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contact the National Personnel Records Center, 111 Winnebago Street, St. Louis, officials who review the statements to Center, 111 Winnebago Street, St. Louis, MO 63118–4126. make conflict of interest determinations; MO 63118–4126. * * * * * and persons alleging conflict of interests * * * * * or violations of other ethics laws and FTC–II–3 persons contacted during any FTC–II–2 SYSTEM NAME: investigation of the allegations. SYSTEM NAME: Workers’ Compensation—FTC. * * * * * Unofficial Personnel Records—FTC. * * * * * FTC–II–8

* * * * * SYSTEM MANAGER(S) AND ADDRESS: SYSTEM NAME: Director, Human Capital Management RETENTION AND DISPOSAL: Employee Adverse Action and Office (HCMO), Federal Trade Disciplinary Records—FTC. Records are generally retained in Commission, 600 Pennsylvania Avenue * * * * * accordance with National Archives and NW., Washington, DC 20580. See DOL/ Records Administration (NARA) GOVT–1 for information about the SYSTEM MANAGER(S) AND ADDRESS: General Records Schedule (GRS) 1, system manager and address for that Director, Human Capital Management items 18 (supervisory personnel files) system. Office, Federal Trade Commission, 600 and 23 (employee performance records). Pennsylvania Avenue NW., Washington, NOTIFICATION PROCEDURE; RECORD ACCESS A detailed retention schedule for DC 20580. employee performance-related records; PROCEDURES; AND CONTESTING RECORD * * * * * which include ratings of record, PROCEDURES: supporting documentation for those See Appendix II. Current FTC FTC–II–10 ratings, and any other performance- employees may also request access to related material required by agency their records directly through their SYSTEM NAME: performance appraisal system, is also Human Resources contact or managers Employee Health Care Records—FTC. set forth in OPM/GOVT–2. In general, as applicable and may be required to * * * * * supervisory personnel files are complete a written form and show SYSTEM MANAGER(S) AND ADDRESS: destroyed within 1 year after the identification to obtain access to their employee separates or transfers from the records. See DOL/GOVT–1 for Director, Capital Management Office, agency, and employee performance information about the notification, Federal Trade Commission, 600 records that have not been destroyed as record access and contesting procedures Pennsylvania Avenue NW., Washington, obsolete or superseded, or have not been for claims records maintained by DOL. DC 20580. Director, DCP/HRS/PSC, Room 4A– placed in the employee’s Official RECORD SOURCE CATEGORIES: Personnel Folder (OPF), see FTC II–1, 15, Parklawn Building, 5600 Fishers Employee claiming work-related are destroyed when they are 4 years old Lane, Rockville, Maryland 20857–0001. injury; beneficiaries; witnesses; FTC for non-SES appointees, or 5 years old * * * * * supervisors, managers, and responsible for SES appointments. Where any of FTC HRMO staff; DOL; suppliers of FTC–II–11 these records are needed in connection health care products and services and with an administrative, quasi-judicial or SYSTEM NAME: their agents and representatives, judicial proceeding, they may be including physicians, hospitals, and Personnel Security, Identity retained as needed beyond the retention clinics; consumer credit reports, etc. Management, and Access Control periods stated in GRS 1. Records System–FTC. * * * * * SYSTEM MANAGER(S) AND ADDRESS: * * * * * FTC–II–4 Director, Human Capital Management CATEGORIES OF RECORDS IN THE SYSTEM: Office (HCMO), Federal Trade SYSTEM NAME: Names, security investigation reports, Commission, 600 Pennsylvania Avenue Employment Application-Related adjudication files, card files, and NW., Washington, DC 20580. Records—FTC. position sensitivity designation files, * * * * * and other data compiled, generated or NOTIFICATION PROCEDURE; RECORD ACCESS used for personnel security clearance; PROCEDURES; AND CONTESTING RECORD SYSTEM MANAGER(S) AND ADDRESS: fingerprints, photographs, signatures, PROCEDURES: Director, Human Capital Management and other personal data collected or See Appendix II. Current FTC Office, Federal Trade Commission, 600 used in connection with the issuance of employees may also request access to Pennsylvania Avenue NW., Washington, FTC identification (credentials); time, their records directly through their DC 20580. date, location, or other data, logs, tapes, designated FTC HCMO contact or See OPM/GOVT–5 for information or records compiled or generated when managers, as applicable, and may be about the system manager and address such credentials are used to obtain required to complete a written request for OPM’s system of records. physical or logical access to FTC form and to show identification to * * * * * facilities or resources. obtain access to their records. These records are also covered by the FTC–II–7 Former FTC employees subsequently applicable system notice published by employed by another Federal agency SYSTEM NAME: the Office of Personnel Management- should contact the personnel office for Ethics Program Records—FTC. Federal Investigative Services (OPM– their current Federal employer. Former FIS), OPM/CENTRAL–9 (Personnel employees who have left Federal service RECORD SOURCE CATEGORIES: Investigations Records), and any and want access to their official The subject individual or a designated successor system notice that may be personnel records in storage should person, such as a trustee, attorney, published by OPM–FIS for this system. contact the National Personnel Records accountant, banker, or relative; federal Any materials obtained from OPM–FIS

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remain property of OPM–FIS and are FTC–III–3 Commission, 600 Pennsylvania Avenue subject to OPM/CENTRAL–9. NW., Washington, DC 20580. SYSTEM NAME: * * * * * * * * * * Financial Management System—FTC. FTC–II–12 * * * * * FTC–VII–3

SYSTEM NAME: CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM NAME: e-Train Learning Management For current and former FTC Computer Systems User Identification System—FTC. employees, records include names, and Access Records—FTC. * * * * * home addresses, employee supplier * * * * * numbers, Social Security numbers, CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM MANAGER(S) AND ADDRESS: banking account numbers for electronic SYSTEM: Assistant Director for Infrastructure Individuals who, at the time the fund transfer payments, invoices and claims for reimbursements. Operations, Office of the Chief records are added to the system, are FTC Information Officer, Federal Trade employees who registered to attend For non-employee individuals and sole proprietors, records include names, Commission, 600 Pennsylvania Avenue training courses offered by the Human NW., Washington, DC 20580. Capital Management Office. home or business addresses, Social Security numbers, banking account * * * * * * * * * * numbers for electronic fund transfer FTC–VII–4 PURPOSE(S): payments, invoices and claims for To provide information to agency reimbursement. Records in this system SYSTEM NAME: managers necessary to indicate the are subject to the Privacy Act only to the Call Detail Records—FTC. training that has been requested and extent, if any, they are about an * * * * * provided to individual employees; to individual within the meaning of the determine course offerings and Act, and not if they are about a business SYSTEM MANAGER(S) AND ADDRESS: frequency; and to manage the training or other non-individual. Assistant Director for Infrastructure program administered by the Human This system is also covered by the Operations, Office of the Chief Capital Management Office. Since this system notice published by the Information Officer, Federal Trade system is legally part of the OPM’s Department of Interior (DOI) for this Commission, 600 Pennsylvania Avenue Government-wide system of records system, DOI–91 (Oracle Federal NW., Washington, DC 20580. notice for this system, OPM/GOVT–1, it Financials), or any successor system * * * * * is subject to the same purposes set forth notice published by DOI for this system. for that system by OPM, see OPM/ * * * * * FTC–VII–7 GOVT–1, or any successor OPM system SYSTEM NAME: notice that may be published for this IV. FTC Correspondence Systems of Records Information Technology Service system (visit www.opm.gov for more Ticket System—FTC. information). FTC–IV–1 * * * * * * * * * * SYSTEM NAME: CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: Consumer Information System—FTC. FTC personnel, consultants, and Director, Human Capital Management * * * * * contractors assigned office telephones, Office, Federal Trade Commission, 600 cell phones, or other Pennsylvania Avenue NW., Washington, EXEMPTIONS CLAIMED FOR THE SYSTEM: telecommunications resources; name of DC 20580. Pursuant to 5 U.S.C. 552a(k)(2), requesting individual, organization * * * * * records in this system relating to identity theft are exempt from the code, telephone number, date of RECORD SOURCE CATEGORIES: requirements of subsections (c)(3), (d), reported problem, nature of problem, Individual about whom the record is (e)(1), (e)(4) (G), (H), (I), and (f) of 5 and action taken to resolve problem. maintained, supervisors, managers, and U.S.C. 552a, and the corresponding * * * * * Human Capital Management Office staff provisions of 16 CFR 4.13. See FTC PURPOSE(S): responsible for the training program. Rules of Practice 4.13(m), 16 CFR To register, track and control usage of * * * * * 4.13(m). office telephones, cell telephones and III. Federal Trade Commission Financial * * * * * other telecommunication devices by Systems of Records VII. FTC Miscellaneous Systems of individual users; to record the receipt of FTC–III–1 Records requests for information technology (IT) service by the FTC’s enterprise service SYSTEM NAME: * * * * * desk (i.e., help desk) and the actions Personnel Payroll System—FTC. FTC–VII–2 taken to resolve those requests; to * * * * * provide agency management with SYSTEM NAME: information identifying trends in SYSTEM MANAGER(S) AND ADDRESS: Employee Locator (STAFFID) questions and problems for use in Director, Human Capital Management System—FTC. managing the Commission’s hardware Office, Federal Trade Commission, 600 * * * * * and software resources. The FTC’s help Pennsylvania Avenue NW., Washington, desk, currently operated by a contractor, DC 20580. SYSTEM MANAGER(S) AND ADDRESS: generates and maintains these records See DOI–85 for the FPPS system Assistant Director for Infrastructure (‘‘service tickets’’) in the course of manager and address. Operations, Office of the Chief fulfilling requests or orders to create or * * * * * Information Officer, Federal Trade close email and other network accounts

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when an individual begins or ends DEPARTMENT OF HEALTH AND Prevention and Health Promotion, employment at the FTC, to answer HUMAN SERVICES OASH/HHS; 1101 Wootton Parkway, questions or provide assistance when Suite LL100 Tower Building; Rockville, FTC staff have problems with computer DEPARTMENT OF AGRICULTURE MD 20852: Telephone: (240) 453–8280; Fax: (240) 453–8281; Lead USDA Co- or network access or other FTC IT Announcement of the Availability of equipment or software issues, etc. Executive Secretary, Colette I. Rihane, the Scientific Report of the 2015 M.S., R.D., Director, Office of Nutrition * * * * * Dietary Guidelines Advisory Guidance and Analysis, Center for Committee, Solicitation of Written Nutrition Policy and Promotion, USDA; SYSTEM MANAGER(S) AND ADDRESS: Comments on the Advisory Report, 3101 Park Center Drive, Room 1034; Assistant Director for Applications, and Invitation for Oral Testimony at a Alexandria, VA 22302; Telephone: (703) Office of the Chief Information Officer, Public Meeting 305–7600; Fax: (703) 305–3300; and/or Federal Trade Commission, 600 AGENCY: Office of the Assistant USDA Co-Executive Secretary, Shanthy Pennsylvania Avenue NW., Washington, Secretary for Health, Office of the A. Bowman, Ph.D., Nutritionist, Food DC 20580. Secretary, Department of Health and Surveys Research Group, Beltsville * * * * * Human Services; and Food, Nutrition Human Nutrition Research Center, and Consumer Services and Research, Agricultural Research Service, USDA; Appendix III Education, and Economics, U.S. 10300 Baltimore Avenue, BARC-West Bldg 005, Room 125; Beltsville, MD Locations of FTC Buildings and Regional Department of Agriculture. Offices ACTION: Notice. 20705–2350; Telephone: (301) 504– 0619. The Advisory Report and the In addition to the FTC’s headquarters SUMMARY: The Department of Health and agenda for this meeting will be made building at 600 Pennsylvania Avenue NW., Human Services (HHS) and the available on the Internet at Washington, DC 20580, the FTC has a Department of Agriculture (USDA) (a) www.DietaryGuidelines.gov. satellite building at 400 7th Street SW., announce the availability of the Washington, DC 20024, and also operates the SUPPLEMENTARY INFORMATION: Under Scientific Report of the 2015 Dietary Section 301 of Public Law 101–445 (7 following Regional Offices where Privacy Act Guidelines Advisory Committee records may in some cases be maintained or U.S.C. 5341, the National Nutrition (Advisory Report); (b) solicit written Monitoring and Related Research Act of accessed: comments on the Advisory Report; and East Central Region, Eaton Center, Suite 200, 1990, Title III) the Secretaries of Health (c) provide notice of a public meeting to and Human Services (HHS) and 1111 Superior Avenue, Cleveland, OH solicit oral comments from the public 44114–2507 Agriculture (USDA) are directed to issue on the Advisory Report. at least every five years a report titled Midwest Region, 55 West Monroe Street, DATES: The Advisory Report of the 2015 Suite 1825, Chicago, IL 60603–5001 Dietary Guidelines for Americans. The Dietary Guidelines Advisory Committee law instructs that this publication shall Northeast Region, Alexander Hamilton U.S. (Committee or DGAC) is available for Custom House, One Bowling Green, Suite contain nutritional and dietary review and public written comment. information and guidelines for the 318, New York, NY 10004 Written comments will be accepted Northwest Region, 915 Second Avenue, Suite general public, shall be based on the through midnight E.S.T. on April 8, preponderance of scientific and medical 2896, Seattle, WA 98174 2015. The meeting for the public to Southeast Region, 225 Peachtree Street NE., knowledge current at the time of provide oral testimony to HHS and Suite 1500, Atlanta, GA 30303 publication, and shall be promoted by USDA on the Advisory Report will be Southwest Region, 1999 Bryan Street, Suite each federal agency in carrying out any held on March 24, 2015, from 8:30 a.m.– 2150, Dallas, TX 75201 federal food, nutrition, or health 1:00 p.m. E.S.T. Western Region–San Francisco, 901 Market program. The Dietary Guidelines for Street, Suite 570, San Francisco, CA 94103 ADDRESSES: The Advisory Report is Americans was issued voluntarily by Western Region–Los Angeles, 10877 Wilshire available on the Internet at HHS and USDA in 1980, 1985, and Boulevard, Suite 700, Los Angeles, CA www.DietaryGuidelines.gov. Those 1990; the 1995 edition was the first 90024 participating in providing public oral statutorily mandated report, followed by In addition, FTC records subject to the testimony to HHS and USDA on the subsequent editions at appropriate Privacy Act may sometimes be maintained at Advisory Report are required to attend intervals. To assist with satisfying the other facilities leased by the FTC or operated the public meeting in-person at the mandate, a discretionary federal by FTC contractors, including by other National Institutes of Health (NIH) advisory committee is established every Federal agencies, or by the National Archives Clinical Center, Building 10, Masur five years to provide independent, and Records Administration on the FTC’s Auditorium, 10 Center Drive, 9000 science-based advice and behalf. Rockville Pike, Bethesda, MD 20892. recommendations. The Committee Others wanting to participate by consists of a panel of experts who were David C. Shonka, listening to the oral testimony can do so selected from the public/private sector. Principal Deputy General Counsel. in-person or via webcast on the Internet. Individuals who were selected to serve [FR Doc. 2015–03549 Filed 2–20–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: on the Committee have current BILLING CODE 6750–01–P Designated Federal Officer (DFO), 2015 scientific knowledge in the field of DGAC, Richard D. Olson, M.D., M.P.H.; human nutrition and chronic disease. Office of Disease Prevention and Health Appointed Committee Members: Promotion, OASH/HHS; 1101 Wootton Fourteen members served on the 2015 Parkway, Suite LL100 Tower Building; Committee. They were appointed by the Rockville, MD 20852: Telephone: (240) Secretaries of HHS and USDA in May 453–8280; Fax: (240) 453–8281; 2013. Information on the DGAC Alternate DFO, 2015 DGAC, Kellie membership is available at (O’Connell) Casavale, Ph.D., R.D., www.DietaryGuidelines.gov. As Nutrition Advisor; Office of Disease stipulated in the charter, the Committee

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terminated because it has completed its or viewed at www.DietaryGuidelines.gov ACTION: Final notice. mission. using the ‘‘Submit Comments’’ and Meeting Agenda: The meeting agenda ‘‘Read Comments’’ links, respectively. SUMMARY: This final notice announces will include opportunity for the public HHS and USDA requests that our decision to approve the Joint to give oral testimony to HHS and commenters provide a brief (250 words Commission for continued recognition USDA officials on the Advisory Report. or less) summary of the points or issues as a national accrediting organization Meeting Registration: The meeting in the comment text box. If commenters for psychiatric hospitals that wish to will be publicly accessible in-person are providing literature or other participate in the Medicare or Medicaid and by webcast on the Internet. resources, complete citations or programs. A psychiatric hospital that Registration is required and is expected abstracts and electronic links to full participates in Medicaid must also meet to open on March 9, 2015. To register, articles or reports are preferred instead the Medicare conditions of participation please go to www.DietaryGuidelines.gov of attaching these documents to the (CoPs) as required by statute. and click on the link for meeting comment. All comments must be DATES: Effective Date: This notice is registration. To register by phone, please received by midnight (E.S.T.) on April effective February 25, 2015 through call National Capitol Contracting, 8, 2015, after which the time period for February 25, 2019. Andrea Popp at (703) 243–9696. submitting written comments to the FOR FURTHER INFORMATION CONTACT: Registration must include name, federal government expires. The ability Monda Shaver, (410) 786–3410. affiliation, and phone number or email to view public comments will continue Cindy Melanson, (410) 786–0310. address. to be available. Please allow until April Patricia Chmielewski, (410) 786–6899. Webcast Public Participation: After 22, 2015, for comment submissions to SUPPLEMENTARY INFORMATION: registering, individuals participating by be processed and posted for viewing. webcast will receive webcast access Meeting Documents: Documents I. Background information via email. Webcast pertaining to the meeting, including a A healthcare provider may enter into registrants can observe the oral meeting agenda and webcast recording an agreement with Medicare to testimony; however, testimony can only will be available on participate in the program as a be given in-person. www.DietaryGuidelines.gov. Meeting psychiatric hospital provided certain In-Person Public Participation and information will continue to be requirements are met. Section 1861(f) of Building Access: For in-person accessible online, at the NIH Library participants, the meetings will be held (see the Addresses section), and upon the Social Security Act (the Act) in the National Institutes of Health request at the Office of Disease establishes criteria for facilities seeking (NIH) Clinical Center (Building 10), as Prevention and Health Promotion, participation as a psychiatric hospital. noted above in the Addresses section. OASH/HHS; 1101 Wootton Parkway, Regulations concerning Medicare Directions will be posted on Suite LL100 Tower Building; Rockville, provider agreements in general are at 42 www.DietaryGuidelines.gov. For in- MD 20852: Telephone (240) 453–8280; CFR part 489 and those pertaining to the person participants, check-in at the Fax: (240) 453–8281. survey and certification for Medicare registration desk onsite at the meeting is participation of providers and certain Dated: January 13, 2015. required and will begin at 8:00 a.m. types of suppliers are at 42 CFR part Don Wright, E.S.T. 488. The regulations at 42 CFR part 482 Oral Testimony: HHS and USDA Deputy Assistant Secretary for Health, Office subpart E, set forth the specific invite requests from the public to of Disease Prevention and Health Promotion, conditions that a provider must meet to Office of the Assistant Secretary for Health, participate in the Medicare program as present three minutes of oral testimony U.S. Department of Health and Human to HHS and USDA officials on the Services. a psychiatric hospital. Generally, to enter into an agreement, Advisory Report at the March 24, 2015 Dated: January 13, 2015. a psychiatric hospital must first be public meeting. Angela Tagtow, Registration capacity is limited to 70 certified by a State Survey Agency as individuals confirmed to speak and an Executive Director, Center for Nutrition Policy complying with the conditions or and Promotion, U.S. Department of additional 10 who are not confirmed to Agriculture. requirements set forth in part 482 subpart E of our regulations. Thereafter, speak but are on stand-by (if time Dated: January 15, 2015. remains) to provide oral testimony. the psychiatric hospital is subject to Chavonda Jacobs-Young, Capacity will be filled in the order regular surveys by a State Survey received. Confirmation by email will Administrator, Agricultural Research Service, Agency to determine whether it U.S. Department of Agriculture. include further instructions for continues to meet these requirements. participation. Requests to present oral [FR Doc. 2015–03552 Filed 2–20–15; 8:45 am] However, there is an alternative to testimony can be made by going to BILLING CODE 4150–32P certification surveys by state agencies. www.DietaryGuidelines.gov and clicking Accreditation by a national Medicare accreditation program approved by the on the link for meeting registration and DEPARTMENT OF HEALTH AND Centers for Medicare & Medicaid must include a written outline of the HUMAN SERVICES intended testimony not exceeding one Services (CMS) may substitute for both page in length. In addition, the public Centers for Medicare & Medicaid initial and ongoing state agency review. is encouraged to provide written Services Section 1865(a)(1) of the Act provides comments (separate from oral that, if the Secretary of the Department testimony) submitted electronically [CMS–3304–FN] of Health and Human Services (the Secretary) finds that accreditation of a through the public comments database Medicare and Medicaid Program; provider entity by an approved national at www.DietaryGuidelines.gov. Continued Approval of the Joint Written Public Comments: Written accrediting organization meets or Commission’s Psychiatric Hospital comments on the Advisory Report are Accreditation Program exceeds all applicable Medicare encouraged from the public and will be conditions, we may treat the provider accepted through April 8, 2015. Written AGENCY: Centers for Medicare & entity as having met those conditions, public comments can be submitted and/ Medicaid Services (CMS), HHS. that is, we may ‘‘deem’’ the provider

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entity to be in compliance. survey review and decision-making hospitals that wish to participate in the Accreditation by an accrediting process for accreditation. Medicare or Medicaid programs. organization is voluntary and is not • A comparison of the Joint IV. Provisions of the Final Notice required for Medicare participation. Commission’s Medicare accreditation Part 488 subpart A implements the program standards to our current A. Differences Between the Joint provisions of section 1865 of the Act Medicare psychiatric hospital Commission’s Standards and and requires that a national accrediting conditions of participations (CoPs). Requirements for Accreditation and organization applying for approval of its • A documentation review of the Medicare Conditions and Survey Medicare accreditation program must Joint Commission’s survey process to— Requirements provide CMS with reasonable assurance ++ Determine the composition of the We compared the Joint Commission’s that its accredited provider entities meet survey team, surveyor qualifications, psychiatric hospital accreditation requirements that are at least as and the Joint Commission’s ability to stringent as the Medicare conditions. provide continuing surveyor training. requirements and survey process with Our regulations concerning the approval ++ Compare the Joint Commission’s the Medicare CoPs in part 482, and the of accrediting organizations are set forth processes to those we require of state survey and certification process at § 488.4 and § 488.8(d)(3). The survey agencies, including periodic requirements of parts 488 and 489. Our regulations at § 488.8(d)(3) require an resurvey and the ability to investigate review and evaluation of the Joint accrediting organization to reapply for and respond appropriately to Commission’s psychiatric hospital continued approval of its Medicare complaints against accredited accreditation program application, accreditation program every 6 years or psychiatric hospitals. which were conducted as described in sooner, as determined by CMS. The ++ Evaluate the Joint Commission’s section III of this final notice, identified Joint Commission’s current term of procedures for monitoring psychiatric a number of areas in which, as of the approval as a Medicare accreditation hospitals it has found to be out of date of this notice, the Joint Commission program for psychiatric hospitals compliance with the Joint Commission’s is in the process of, or has completed, expires February 25, 2015. program requirements. (This pertains revising its standards in order to ensure only to monitoring procedures when the that its accredited psychiatric hospitals II. Application Approval Process Joint Commission identifies non- meet the following regulatory Section 1865(a)(3)(A) of the Act compliance. If non-compliance is requirements: • requires that we publish, within 60 days identified by a State Survey Agency Section 482.61(a)(2), requiring that of receipt of an organization’s complete through a validation survey, the State the medical record include the application, a notice identifying the Survey Agency monitors corrections as diagnosis of intercurrent diseases as national accrediting body making the specified at § 488.7(d).) well as the psychiatric diagnoses. • request, describing the nature of the ++ Assess the Joint Commission’s Section 482.61(a)(4), requiring that request, and providing at least a 30-day ability to report deficiencies to the social service records include a social public comment period. We have 210 surveyed psychiatric hospital and history and reports of interviews with days from the receipt of a complete respond to the psychiatric hospital’s patients, family members, and others. • application to publish notice of plan of correction in a timely manner. Section 482.61(a)(5), requiring that approval or denial of the application. ++ Establish the Joint Commission’s a complete neurological examination be ability to provide CMS with electronic recorded at the time of the admission III. Provisions of the Proposed Notice data and reports necessary for effective physical examination. On September 23, 2014, we published validation and assessment of the • Section 482.61(b)(4), requiring that a proposed notice in the Federal organization’s survey process. the psychiatric evaluation includes the Register (79 FR 56806) entitled ++ Determine the adequacy of the onset of illness and the circumstances ‘‘Continued Approval of the Joint Joint Commission’s staff and other leading to admission. Commission’s Psychiatric Hospital resources. • Section 482.61(b)(7), requiring that Accreditation Program’’ announcing the ++ Confirm the Joint Commission’s the psychiatric evaluation include an Joint Commission’s request for ability to provide adequate funding for inventory of the patient’s assets. continued approval of its Medicare performing required surveys. • Section 482.61(c)(1), requiring that psychiatric hospital accreditation ++ Confirm the Joint Commission’s the individual comprehensive treatment program. In the proposed notice, we policies with respect to surveys being plan be based on the patient’s strengths detailed our evaluation criteria. Under unannounced. and disabilities. section 1865(a)(2) of the Act and in our ++ Obtain the Joint Commission’s • Section 482.61(c)(1)(i), requiring regulations at § 488.4 and § 488.8, we agreement to provide CMS with a copy that the treatment plan contain a conducted a review of the Joint of the most current accreditation survey substantiated diagnosis. Commission’s Medicare psychiatric together with any other information • Section 482.61(c)(1)(v), requiring hospital accreditation application in related to the survey as we may require, that the treatment plan contain adequate accordance with the criteria specified by including corrective action plans. documentation to justify the diagnosis, our regulations, which include, but are In accordance with section treatment, and rehabilitation activities not limited to the following: 1865(a)(3)(A) of the Act, the September carried out. • An onsite administrative review of 23, 2014 proposed notice also solicited • Section 482.61(c)(2), requiring that the Joint Commission’s: (1) Corporate public comments regarding whether the the treatment plan contain policies; (2) financial and human Joint Commission’s requirements met or documentation of the treatment received resources available to accomplish the exceeded the Medicare CoPs for by the patient, in a way that assures all proposed surveys; (3) procedures for psychiatric hospitals. We received one active therapeutic efforts are included. training, monitoring, and evaluation of comment in response to our proposed • Section 482.61(d), requiring that its psychiatric hospital surveyors; (4) notice. The commenter supported our progress notes contain ability to investigate and respond approval of the Joint Commission for recommendations for revisions in the appropriately to complaints against continued recognition as a national treatment plan, as indicated, as well as accredited psychiatric hospitals; and (5) accrediting organization for psychiatric a precise assessment of the patient’s

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progress in accordance with the original at the appropriate level of citation for inclusion on the Lower Mississippi or revised treatment plan. [condition versus standard level River Waterway Safety Advisory • Section 482.61(e), requiring that citations]; Committee Web site must be submitted each patient who has been discharged —Ensure that all instances of on or before March 2, 2015. Please note has a documented discharge summary. observed non-compliance are that this meeting may close early if all • Section 482.62(c), requiring that, if documented in the survey report; and, business is finished. medical and surgical diagnostic and —Ensure that surveyors do not ADDRESSES: The Committee will meet at treatment services are not available minimize the importance of compliance the New Orleans Yacht Club, 403 North within the institution, the institution with regulations. Roadway Street, New Orleans, LA 70124 have an agreement with an outside B. Term of Approval http://noyc.org/wordpress/. source of these services to ensure that For information on facilities or they are immediately available or a Based on our review and observations services for individuals with disabilities satisfactory agreement must be described in section III of this final or to request special assistance, please established for transferring patients to a notice, we approve the Joint contact Lieutenant Junior Grade Colin general hospital that participates in the Commission as a national accrediting Marquis as indicated in the FOR FURTHER Medicare program. organization for psychiatric hospitals • INFORMATION CONTACT paragraph below. Section 482.62(g)(1), requiring that that request participation in the To facilitate public participation, we therapeutic activities be appropriate to Medicare program, effective February are inviting public comment on the the needs and interests of patients and 25, 2015 through February 25, 2019. issues to be considered by the be directed toward restoring and To verify the Joint Commission’s committee as listed in the ‘‘Agenda’’ maintaining optimal levels of physical continued compliance with the section below. Written comments must and psychosocial functioning. provisions of this final notice, CMS will be identified by the Docket No. USCG– In addition, we determined that the conduct a follow-up corporate on-site 2015–0023 and submitted by one of the Joint Commission is in the process of, or visit and survey observation within 18 following methods: has completed, revising its accreditation months of the publication date of this • Federal eRulemaking Portal: http:// survey processes in order to ensure that notice. www.regulations.gov. they meet the following regulatory V. Collection of Information Follow the instructions for submitting requirements: comments (preferred method to avoid • Section 488.4(a)(3), regarding the Requirements delays in processing). sample sizes required for medical record This document does not impose • Fax: 202–493–2251. reviews and the minimum number of information collection requirements, • Mail: Docket Management Facility medical records to be reviewed during that is, reporting, recordkeeping or (M–30), U.S. Department of the survey process. third-party disclosure requirements. Transportation, West Building Ground • Section 488.8(a)(2)(v), requiring that Consequently, there is no need for Floor, Room W12–140, 1200 New Jersey complaint data submitted to CMS be review by the Office of Management and Avenue SE., Washington, DC 20590– accurate. Budget under the authority of the • 0001. Section 488.8(a)(2)(ii), requiring Paperwork Reduction Act of 1995. • that a process be in place to conduct Hand Delivery: Same as mail routine second level survey Dated: February 13, 2015. address above, between 9 a.m. and 5 documentation review to assure that Marilyn Tavenner, p.m., Monday through Friday, except deficiency citations are made at the Administrator, Centers for Medicare & Federal Holidays. The telephone appropriate level when no ‘‘flags’’ have Medicaid Services. number for the Docket Management been placed on the survey report [FR Doc. 2015–03559 Filed 2–20–15; 8:45 am] Facility is 202–366–9329. Instructions: All submissions must through the automated process of the BILLING CODE 4120–01–P electronic scoring system or the include the words ‘‘Department of surveyor; that surveyors are adequately Homeland Security’’ and the docket equipped and trained to appropriately DEPARTMENT OF HOMELAND number for this action. Comments identify circumstances posing an SECURITY received will be posted without immediate threat to life and safety; that alteration at http:// medical records and credentialing Coast Guard www.regulations.gov., including any personal information provided. You records are sampled appropriately, [Docket No. USCG–2015–0023] based on services provided and types of may review a Privacy Act notice staff employed; and that medical Lower Mississippi River Waterway regarding our public dockets in the records and credentialing records are Safety Advisory Committee; Meeting January 17, 2008, issue of the Federal reviewed thoroughly, in a uniform and Register (73 FR 3316). complete manner by surveyors. AGENCY: Coast Guard, DHS. Docket: For access to the docket to • Section 488.9, requiring the Joint ACTION: Notice of Federal Advisory read documents or comments related to Commission to consistently provide Committee Meeting. this notice, go to http:// CMS access to observe its entire survey www.regulations.gov, enter the docket process, including surveyors’ use of SUMMARY: The Lower Mississippi River number in the ‘‘Search’’ field and follow resources provided outside of the Waterway Safety Advisory Committee the instructions on the Web site. accreditation standards manual (for will meet to discuss safe transit of FOR FURTHER INFORMATION CONTACT: example, discussions with its Standards vessels and cargoes to and from the Lieutenant Junior Grade Colin Marquis, Interpretation Group, as outlined in the ports of the Lower Mississippi River. Alternate Designated Federal Officer of application). This meeting will be open to the public. the Lower Mississippi River Waterway • Section 488.26(b), regarding DATES: The Committee will meet on Safety Advisory Committee, telephone surveyors’ abilities to— Wednesday, March 11, 2015, from 9 504–365–2280, or at Colin.L.Marquis@ —Accurately and completely a.m. to 12:00 p.m. Written comments for uscg.mil. If you have any questions on document instances of non-compliance distribution to committee members and reviewing or submitting material to the

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docket, call Cheryl Collins, Program vi. Recognition of Electronic Displays DEPARTMENT OF HOMELAND Manager, Docket Operations, telephone on Tow Boats and Cruise Ships. SECURITY 202–366–9826 or 1–800–647–5527. vii. Support to the Inner Harbor Federal Emergency Management SUPPLEMENTARY INFORMATION: Notice of Navigation Canal Alternate Route Agency this meeting is given under the Federal Establishment. Advisory Committee Act (Public Law [Docket ID FEMA–2014–0022] 92–463, 5 U.S.C. Appendix). The Lower (c) Army Corps of Engineers Mississippi River Waterway Advisory i. Water Resources Reform and Technical Mapping Advisory Council Committee is an advisory committee Development Act impacts to Flood authorized in Section 19 of the Coast Control Structures and Dredging AGENCY: Federal Emergency Guard Authorization Act of 1991, Operations. Management Agency, DHS. ACTION: Committee Management; Notice (Public Law 102–241), as amended by (d) Coast Guard section 621(d) of the Coast Guard of Federal Advisory Committee Meeting. Authorization Act of 2010, (Public Law i. Establishment of the Inner Harbor 111–281) and chartered under the Navigation Canal Alternate Route. SUMMARY: The Federal Emergency provisions of Federal Advisory ii. Status of Sensors at 81 Mile Point. Management Agency (FEMA) Technical Committee Act. The Lower Mississippi Mapping Advisory Council (TMAC) will iii. Proposed Liquefied Natural Gas meet in person on March 10–11, 2015, River Waterway Advisory Committee Terminals and Waterway Impacts. provides advice and recommendations in Reston, Virginia. The meeting will be to the Department of Homeland Security (7) New Business, to include open to the public. on matters relating to communications, discussion of: DATES: The TMAC will meet on Tuesday surveillance, traffic management, (a) Mile Marker 73 Memorandum of and Wednesday, March 10–11 2015, anchorages, development and operation Understanding. from 1:00 p.m.–6:00 p.m. Eastern of the New Orleans Vessel Traffic Daylight Savings Time (EDT). Please (b) Anchorage Establishment and Service, and other related topics dealing note that the meeting will close early if Amendments. with navigation safety on the Lower the TMAC has completed its business. Mississippi River as required by the (c) Systematic Port Planning. ADDRESSES: The meeting will be held in U.S. Coast Guard. (d) Lower Mississippi River Waterway the auditorium of the United States Agenda Safety Advisory Committee Vacancy Geological Survey headquarters Notice. building located at 12201 Sunrise Valley The agenda for the March 11, 2015, Drive Reston, VA 20192. Members of the (8) Public comment period. Committee meeting is as follows: public who wish to attend the meeting (1) Opening Remarks. (9) Adjournment. must send an email to FEMA-TMAC@ (2) Introduction; There will be a comment period for fema.dhs.gov (attention Mark Crowell) (3) Roll call of committee members the Lower Mississippi River Waterway by 11 p.m. EDT on Thursday, March 5, and determination of a quorum; 2015. Members of the public must check (4) Approval of the April 2014 Safety Advisory Committee and in at the Visitor’s entrance security minutes. comment period for the public after desk; photo identification is required. (5) Old Business: each deliberation and voting, but before (a) Status of Action Items from April each recommendation is formulated. For information on facilities or 2014 Meeting. The Committee will review the services for individuals with disabilities (6) Agency Updates: information presented on each issue, or to request special assistance at the meeting, contact the person listed in (a) Southeast Louisiana Flood deliberate on any recommendations ‘‘FOR FURTHER INFORMATION CONTACT’’ Protection Authority—East and West presented, and formulate below as soon as possible. i. Procedures used by Flood recommendations for the Department’s To facilitate public participation, Protection Authority—West for Bayou consideration. Please note that the Segnette and Western Closure Complex members of the public are invited to public oral comment period may end provide written comments on the issues Gate Closures including Routine before the prescribed ending time Exercises and Response to Tropical to be considered by the TMAC, as listed following the last call for comments. in the ‘‘Supplementary Information’’ Events. Speakers are requested to limit their (b) National Oceanic and Atmospheric section below. Associated meeting comments to 3 minutes. Please contact Association materials will be available at i. Move to Electronic Navigation Lieutenant Junior Grade Colin Marquis www.fema.gov/TMAC for review by Charts. listed in the FOR FURTHER INFORMATION February 23, 2015. Written comments to ii. Digital Accessibility of National CONTACT section to register as a speaker. be considered by the committee at the Oceanic and Atmosphere Association This notice may be viewed in our online time of the meeting must be submitted Chart Data for Navigation, Restoration docket, USCG–2015–0023, at http:// and received by Thursday, March 5, and Coastal Planning, and Spill and www.regulations.gov. 2015, identified by Docket ID FEMA– Incident Response. Dated: February 10, 2015. 2014–0022, and submitted by one of the iii. National Oceanic and Atmosphere following methods: Kevin S. Cook, Association Physical Oceanographic • Federal eRulemaking Portal: http:// Real-Time System. Rear Admiral, U.S. Coast Guard, Commander, www.regulations.gov. Follow the iv. National Oceanic and Atmosphere Eighth Coast Guard District. instructions for submitting comments. Association Northern Gulf Operational [FR Doc. 2015–03542 Filed 2–20–15; 8:45 am] • Email: Address the email to: FEMA– Forecast System Grid Model BILLING CODE 9110–04–P [email protected] and CC: FEMA– Improvements. [email protected]. Include the v. Surveying and Chart Updates to docket number in the subject line of the Navigation Hazards in and around the message. Include name and contact Southern Bird-foot Delta. detail in the body of the email.

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• Mail: Regulatory Affairs Division, and flood risk identification; (4) development. The full agenda and Office of Chief Counsel, FEMA, 500 C procedures for delegating mapping related briefing materials will be Street SW., Room 8NE, Washington, DC activities to State and local mapping available at http://www.fema.gov/ 20472–3100. partners; and (5) (a) methods for TMAC. Instructions: All submissions received improving interagency and Dated: February 18, 2015. must include the words ‘‘Federal intergovernmental coordination on W. Craig Fugate, Emergency Management Agency’’ and flood mapping and flood risk the docket number for this action. determination; and (b) a funding Administrator, Federal Emergency Management Agency. Comments received will be posted strategy to leverage and coordinate without alteration at http:// budgets and expenditures across Federal [FR Doc. 2015–03615 Filed 2–20–15; 8:45 am] www.regulations.gov, including any agencies. Furthermore, the TMAC is BILLING CODE 9110–12–P personal information provided. required to submit an annual report to Docket: For access to the docket to the FEMA Administrator that contains: read background documents or (1) A description of the activities of the DEPARTMENT OF THE INTERIOR comments received by the TMAC, go to Council; (2) an evaluation of the status http://www.regulations.gov and search and performance of flood insurance rate Fish and Wildlife Service for the Docket ID FEMA–2014–0022. maps and mapping activities to revise A public comment period will be held [FWS–R8–ES–2015–N041]; and update flood insurance rate maps; [FXES11130800000–154–FF08E00000] on March 10, 2015, from 3:30 p.m. to and (3) a summary of recommendations 4:00 p.m. and again on March 11, 2015, made by the Council to the FEMA Endangered and Threatened Species; from 3:15 to 3:45 p.m. Speakers are Administrator. Permits Issued requested to limit their comments to no The TMAC must also develop more than three minutes. The public recommendations on how to ensure that AGENCY: Fish and Wildlife Service, comment period will not exceed 30 flood insurance rate maps incorporate Interior. minutes. Please note that the public the best available climate science to ACTION: Notice of issuance of permits. comment period may end before the assess flood risks and ensure that FEMA time indicated, following the last call uses the best available methodology to DATES: The permit issuance dates are for comments. Contact the individual consider the impact of the rise in sea under SUPPLEMENTARY INFORMATION. listed below to register as a speaker by level and future development on flood close of business on Tuesday, March 3, SUMMARY: We, the U.S. Fish and risk. The TMAC must collect these Wildlife Service, have issued the 2015. recommendations and present them to FOR FURTHER INFORMATION CONTACT: following permits to conduct certain the FEMA Administrator in a future activities with endangered species Mark Crowell, Designated Federal conditions risk assessment and Officer for the TMAC, FEMA, 1800 under the authority of the Endangered modeling report. Species Act, as amended (Act). With South Bell Street Arlington, VA 22202, Finally, in accordance with the some exceptions, the Act prohibits telephone (202) 646–3432, and email Homeowner Flood Insurance activities with listed species unless a [email protected]. The TMAC Affordability Act of 2014, the TMAC Federal permit is issued that allows Web site is: http://www.fema.gov/ must develop a review report related to such activity. TMAC. flood mapping in support of the FOR FURTHER INFORMATION CONTACT: Mr. SUPPLEMENTARY INFORMATION: Notice of National Flood Insurance Program this meeting is given under the Federal (NFIP). Daniel Marquez, U.S. Fish and Wildlife Advisory Committee Act, 5 U.S.C. Agenda: On March 10, 2015, the Service, Region 8, 2800 Cottage Way, TMAC members will discuss (1) the Room W–2606, Sacramento, CA 95825; Appendix. _ As required by the Biggert-Waters proposed TMAC vision statement. In 760–431–9440 (telephone); or daniel Flood Insurance Reform Act of 2012, the addition, invited subject matter experts [email protected] (email). TMAC makes recommendations to the will brief TMAC members on (1) SUPPLEMENTARY INFORMATION: We have FEMA Administrator on: (1) How to floodplain management (David Stearrett, issued the following permits in response improve, in a cost-effective manner, the FEMA), (2) flood risk to insurance rating to recovery permit applications we (a) accuracy, general quality, ease of use, (Andy Neal, FEMA), and (3) the FEMA received under the authority of section and distribution and dissemination of Cooperating Technical Partnership 10 of the Act, as amended (16 U.S.C. flood insurance rate maps and risk data; program (speakers to be determined). 1531 et seq.). We provide this notice and (b) performance metrics and On March 11, 2015, the TMAC members under section 10(d) of the Act. Each milestones required to effectively and will discuss (1) the adoption of a TMAC permit listed below was issued only efficiently map flood risk areas in the vision statement, (2) a report out from after we determined that it was applied United States; (2) mapping standards the TMAC subcommittees (a. Future for in good faith, that granting the and guidelines for (a) flood insurance Conditions; b. Flood Hazard Risk permit would not be to the disadvantage rate maps; and (b) data accuracy, data Generation and Dissemination; and c. of the listed species, and that the terms quality, data currency, and data Operations, Coordination, and and conditions of the permit were eligibility; (3) how to maintain, on an Leveraging), and (3) next steps for consistent with purposes and policy set ongoing basis, flood insurance rate maps TMAC discussions and report forth in the Act.

Applicant name Permit No. Date issued Expiration date

CLEVELAND NATIONAL FOREST ...... 041668 8/4/2014 8/3/2018 RYAN, THOMAS P...... 097516 4/30/2014 3/15/2015 HELIX ENVIRONMENTAL PLANNING, INC...... 778195 6/17/2014 7/26/2015 AMEC ENVIRONMENTAL AND INFRASTRUCTURE, INCORPORATED ...... 785148 4/11/2014 12/15/2015 ROMICH, MIKAEL T...... 068799 8/4/2014 12/22/2015 ALLEN, DOUGLAS W...... 837448 12/10/2014 2/9/2016

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Applicant name Permit No. Date issued Expiration date

COOPER, TRAVIS B...... 170389 3/28/2014 7/19/2016 EDWARDS, CLAUDE G...... 814215 4/18/2014 4/17/2017 FORDE, ANDREW MCGINN ...... 062907 4/18/2014 4/17/2017 STERLING, JOHN C...... 22802B 7/24/2014 7/23/2017 DAVERIN, CYNTHIA JONES ...... 811615 7/28/2014 7/27/2017 CARTER, KAREN J...... 24603A 8/4/2014 8/3/2017 SANDOVAL, CRISTINA P...... 073205 9/1/2014 8/31/2017 SAN FRANCISCO BAY BIRD OBSERVATORY ...... 34570A 12/10/2014 12/9/2017 CALIFORNIA LIVING MUSEUM ...... 13703B 1/29/2014 1/28/2018 BUSBY, DARIN ANDREW ...... 115373 2/21/2014 2/20/2018 KIMBALL, NICOLE M...... 053598 2/21/2014 2/20/2018 CALIFORNIA STATE PARKS, SAN LUIS OBISPO COAST DISTRICT ...... 082237 3/28/2014 3/27/2018 DAVENPORT, ARTHUR E...... 802450 3/28/2014 3/27/2018 HAYWORTH, ANITA M...... 781084 3/28/2014 3/27/2018 LEMONS, PAUL M...... 051248 3/28/2014 3/27/2018 PREITE, ARIANNE B...... 095858 3/28/2014 3/27/2018 ICF JONES & STOKES, INC...... 795934 4/11/2014 4/10/2018 WINGERT, CARIE M...... 217119 4/11/2014 4/10/2018 BRUYEA, GUY P...... 837439 6/25/2014 6/24/2018 U.S. GEOLOGICAL SURVEY, WESTERN ECOLOGICAL RESEARCH CENTER, SAN FRANCISCO BAY ESTUARY ...... 020548 7/15/2014 7/14/2018 GORMAN, LAURA ELIZABETH ...... 233367 7/28/2014 7/27/2018 EASTTY, ANDREW BRENT ...... 227185 8/4/2014 8/3/2018 MERKEL & ASSOCIATES, INC...... 797999 8/19/2014 8/18/2018 EAST BAY REGIONAL PARK DISTRICT ...... 817400 9/8/2014 9/7/2018 BAILEY, ERIC (RICK) A...... 101151 12/3/2014 12/2/2018 WALLACE, ANNE C...... 800291 12/10/2014 12/9/2018 GALVIN, J. PAUL ...... 821967 12/24/2014 12/23/2018 NERHUS, BARRY SCOTT ...... 74785A 11/3/2014 1/31/2016 GROSHOLZ, EDWIN D...... 045937 7/15/2014 8/16/2016 BLUNDELL, MELISSA ANN–REYES ...... 97717A 4/18/2014 8/19/2016 YOUNG, RYAN R...... 062121 2/21/2014 2/20/2017 CHAN, FLORENCE ...... 22780B 8/4/2014 8/3/2017 KEGEL, TRAVIS ...... 27501B 8/4/2014 8/3/2017 FLETT, MARY ANNE ...... 233373 9/8/2014 9/8/2017 GARDINER, RACHEL J...... 31222B 11/3/2014 11/2/2017 WIGGINTON, RACHEL D...... 30914B 7/28/2014 7/27/2018 EDELSTEIN, DANIEL ...... 101743 12/24/2014 12/23/2018 RANDALL, RYAN C...... 76698A 2/21/2014 3/14/2016 FLISIK, TYLER J...... 15265B 1/31/2014 1/30/2017 VETTES, BRENNAN C...... 20160B 2/14/2014 2/13/2017 HOWARD, PHILLIP J...... 15264B 2/21/2014 2/20/2017 SHAW, BRIAN K...... 20914B 2/21/2014 2/20/2017 MARTUS, CAROLYN ...... 17852B 3/14/2014 3/13/2017 JOHNSON, ROBERT B...... 036935 12/3/2014 12/2/2017 SCHEUERMAN, CLINT M...... 44855A 3/7/2014 10/6/2015 LIMM, TAMMY C...... 48149A 12/24/2014 12/8/2015 U.S.G.S.–WESTERN ECOLOGICAL RESEARCH CENTER ...... 157216 3/14/2014 1/12/2016 AREA WEST ENVIRONMENTAL, INC...... 48210A 12/10/2014 2/9/2016 UNIVERSITY OF CALIFORNIA SACRAMENTO ...... 192702 7/28/2014 3/14/2017 SIEMENS, MITCH C...... 190302 12/24/2014 7/25/2017 SWEET, SAMUEL SPENDER ...... 025732 10/2/2014 8/22/2017 LSA ASSOCIATES INCORPORATED ...... 797234 7/15/2014 10/31/2017 SWAIM, KAREN E...... 815537 1/16/2014 1/15/2018 STEAD, JONATHAN E...... 028223 1/24/2014 1/23/2018 BETTELHEIM, MATTHEW P...... 094845 1/31/2014 1/30/2018 KOBERNUS, LAWRENCE P...... 205609 2/21/2014 2/20/2018 ORLOFF, SUE G...... 075898 2/21/2014 2/20/2018 SLOCOMB, CHRISTINE L...... 13691B 2/21/2014 2/20/2018 SCHELL, ROBERT ANTHONY ...... 212445 3/14/2014 3/13/2018 SWOLGAARD, CRAIG A...... 20915B 3/14/2014 3/13/2018 WUNDERLICH, VERONICA A...... 095860 3/14/2014 3/13/2018 U.S. GEOLOGICAL SURVEY ...... 005956 3/14/2014 3/13/2018 EDA C. EGGEMAN ...... 844030 3/28/2014 3/27/2018 PARDO, SUMMER LYNN ...... 02838B 3/28/2014 3/27/2018 JEPSON PRAIRIE RESERVE/DOCENT PROGRAM ...... 800777 4/11/2014 4/10/2018 NORTH STAR ENGINEERING ...... 22798B 4/11/2014 4/10/2018 SAN FRANCISCO PUBLIC UTILITIES COMMISION, NRLMD ...... 21744B 4/11/2014 4/10/2018 SYCAMORE ENVIRONMENTAL CONSULTANTS, INC...... 799564 4/11/2014 4/10/2018 BUREAU OF LAND MANAGEMENT, BAKERSFIELD FIELD OFFICE ...... 037806 4/18/2014 4/17/2018 DIDONATO, JOSEPH E...... 213308 4/18/2014 4/17/2018 HALSTEAD, JEFFREY A...... 769304 4/18/2014 4/17/2018 HENRY, RYAN N...... 031848 4/18/2014 4/17/2018 MARINE SCIENCE INSTITUTE ...... 21778B 4/18/2014 4/17/2018

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Applicant name Permit No. Date issued Expiration date

U.S. GEOLOGICAL SURVEY–WESTERN ECOLOGICAL RESEARCH CENTER 045994 6/25/2014 6/24/2018 KNAPP, ROLAND A...... 40090B 7/1/2014 6/30/2018 STANISLAUS NATIONAL FOREST ...... 40087B 7/1/2014 6/30/2018 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ...... 225974 7/15/2014 7/14/2018 SLAUGHTER, CRISTINA VICTORIA ...... 217401 7/24/2014 7/23/2018 PEARSON, AUSTIN J...... 108683 7/28/2014 7/27/2018 SUNSHINE, AARON I...... 28769B 8/4/2014 8/3/2018 DAYTON, GAGE H...... 115370 8/20/2014 8/19/2018 POWELL, SARAH CHRISTINE ...... 063427 8/20/2014 8/19/2018 DALLAS, MITCHELL C...... 102310 9/8/2014 9/7/2018 McGINNIS, SAMUEL M...... 811894 9/8/2014 9/7/2018 RIVAS, RICHARD T...... 093151 9/8/2014 9/7/2018 SMITH, JERRY J...... 793640 9/8/2014 9/7/2018 MULLEN, DANIELLE A...... 31221B 11/3/2014 11/2/2018 WEINBERG, DANIEL H...... 081298 12/2/2014 12/1/2018 POWELL, STEVEN D...... 107075 12/3/2014 12/2/2018 GALLAWAY, JODY M...... 049693 12/10/2014 12/9/2018 KUNNA, JOHN L...... 40218B 12/10/2014 12/9/2018 SCHEIDT, VINCENT N...... 788133 12/10/2014 12/9/2018 DAVIS, JOHN H...... 110095 12/24/2014 12/23/2018 PAGE, CARL J...... 802094 12/24/2014 12/23/2018 TANSLEY TEAM, INCORPORATED ...... 795930 4/11/2014 8/1/2015 COUNTY OF SAN LUIS OBISPO, PUBLIC WORKS DEPT ...... 076257 9/1/2014 8/31/2018 LOVE, JULIE M...... 217402 12/3/2014 12/2/2018 PERNICANO, MARTINA ...... 72047A 1/24/2014 10/4/2015 STOCKWELL, CRAIG A...... 126141 7/15/2014 10/13/2015 MCLAUGHLIN, DANA H...... 43597A 3/14/2014 10/27/2015 PUGH, DALLAS RYAN ...... 79192A 3/28/2014 1/31/2017 NATURAL RESOURCES ASSESSMENT, INC...... 831207 1/24/2014 1/23/2018 SHOMO, BRIAN S...... 206822 1/24/2014 1/23/2018 MESSIN, JOSEPH E...... 022649 1/31/2014 1/30/2018 DALKEY, ANN M...... 217663 3/7/2014 3/6/2018 ENNIS, ANASTASIA G...... 13639B 3/7/2014 3/6/2018 RICHARD, MICHAEL A...... 207867 3/7/2014 3/6/2018 COLLINS, PAUL W...... 023895 3/14/2014 3/13/2018 GROSSO, DIANA J...... 21700B 3/28/2014 3/27/2018 STEWART, JOSEPH A.E...... 25257B 4/11/2014 4/10/2018 DANIELS, BRETT ...... 24256B 4/30/2014 4/29/2018 TREMOR, SCOTT B...... 787716 5/29/2014 5/29/2018 YOUNG, CHAD M...... 213730 6/25/2014 6/24/2018 TOOTHMAN, MARY H...... 40110B 7/1/2014 6/30/2018 JANEKE, DUSTIN SCOTT ...... 045153 7/15/2014 7/14/2018 PERRY, RICK L...... 27452B 7/28/2014 7/27/2018 STORRER, JOHN R...... 817397 8/4/2014 8/3/2018 CROWE, REBECCA E...... 25226B 9/4/2014 9/3/2018 ORR, BRUCE K...... 237086 9/8/2014 9/7/2018 PEDERSEN, DIRK T...... 198917 9/8/2014 9/7/2018 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE ...... 54614A 10/8/2014 10/7/2018 EZELL, DAVID J...... 022181 11/3/2014 11/2/2018 RISCHBIETER, DOUGLAS C...... 101154 11/3/2014 11/2/2018 CHATMAN, GREGORY K...... 075112 11/3/2014 11/2/2018 KUCERA, THOMAS E...... 796835 12/2/2014 12/2/2018 SAN DIEGO NATIONAL WILDLIFE REFUGE COMPLEX ...... 053741 12/10/2014 12/31/2017 SACRAMENTO FISH AND WILDLIFE OFFICE ...... 022333 3/14/2014 11/5/2016 U.S. FISH AND WILDLIFE SERVICE ...... 062618 7/15/2014 12/31/2017 KLAMATH FALLS FISH AND WILDLIFE OFFICE ...... 003314 7/15/2014 12/31/2017 USFWS–STOCKTON FWO ...... 188803 1/31/2014 12/31/2015 ZYCH, ALISA CATHERINE ...... 72045A 4/11/2014 8/16/2015 ANDERSON, RACHEL B...... 63330A 7/15/2014 4/19/2016 UNIVERSITY OF CALIFORNIA–DAVIS ...... 027742 9/1/2014 9/13/2016 HINDERLE, DANNA ...... 218901 9/1/2014 1/28/2018 DENISE DUFFY & ASSOCIATES, INC...... 091857 2/21/2014 2/20/2018 EDWARDS AIR FORCE BASE ...... 210234 3/28/2014 3/27/2018 HARRINGTON, LUCY G...... 20148B 4/11/2014 4/10/2018 GRIMALDO, LENNY F...... 36109B 5/9/2014 5/8/2018 U.S. GEOLOGICAL SURVEY ...... 844852 7/1/2014 6/30/2018 UNITED STATES GEOLOGICAL SURVEY–WESTERN ECOLOGICAL RE- SEARCH CENTER ...... 40112B 7/1/2014 6/30/2018 MENDOCINO REDWOOD COMPANY, LLC ...... 058630 8/15/2014 8/14/2018 MURPHY, AMANDA C...... 078657 9/1/2014 8/31/2018 NICESWANGER, JULIE A...... 196118 12/3/2014 12/2/2018 MEDICA, PHILIP A...... 759747 12/10/2014 12/9/2018 GEI CONSULTANTS, INC...... 032198 12/24/2014 12/23/2018

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Availability of Documents species under section 10(a)(1)(A) of the fairy shrimp (Branchinecta Documents and other information Act (16 U.S.C. 1531 et seq.). We seek sandiegonensis), and vernal pool submitted with these applications are review and comment from local, State, tadpole shrimp (Lepidurus packardi) in available for review, subject to the and Federal agencies and the public on conjunction with survey activities requirements of the Privacy Act and the following permit requests. throughout the range of the species in Freedom of Information Act, by any Applicants California for the purpose of enhancing party who submits a written request for the species’ survival. Permit No. TE–53771B a copy of such documents to Daniel Permit No. TE–022360 Marquez (see FOR FURTHER INFORMATION Applicant: Erin J. Bergman, Lemon CONTACT). Grove, California Applicant: United States Geological Survey, Henderson, Nevada Authority: The authority for this notice is The applicant requests a permit to the Endangered Species Act of 1973, as take (capture, collect, and collect The applicant requests a permit amended (16 U.S.C. 1531 et seq.). vouchers) the Conservancy fairy shrimp renewal to remove/reduce to possession the Swallenia alexandrae (Eureka Dune Michael Long, (Branchinecta conservatio), longhorn fairy shrimp (Branchinecta grass) and Oenothera californica subsp. Acting Regional Director, Pacific Southwest eurekensis (O. avita subsp. e.) (Eureka Region, Sacramento, California. longiantenna), Riverside fairy shrimp (Streptocephalus woottoni), San Diego Valley evening-primrose) from lands [FR Doc. 2015–03597 Filed 2–20–15; 8:45 am] fairy shrimp (Branchinecta under Federal jurisdiction in BILLING CODE 4310–55–P sandiegonensis), and vernal pool conjunction with restoration activities tadpole shrimp (Lepidurus packardi), in Inyo County, California, for the purpose of enhancing the species’ DEPARTMENT OF THE INTERIOR and take (survey by pursuit, handle, and live-capture) the Quino checkerspot survival. Fish and Wildlife Service butterfly (Euphydryas editha quino) in Permit No. TE–53825B conjunction with survey and population [FWS–R8–ES–2015–N039; monitoring activities throughout the Applicant: Zoological Society of San FXES11130800000–154–FF08E00000] range of the species in California for the Diego, Escondido, California Endangered Species Recovery Permit purpose of enhancing the species’ The applicant requests a permit to Applications survival. take (harass by survey, locate and Permit No. TE–039640 monitor nests) the California least tern AGENCY: Fish and Wildlife Service, (Sternula antillarum browni) (Sterna a. Interior. Applicant: Kris R. Alberts, San Diego, browni) in conjunction with surveys, ACTION: Notice of receipt of permit California population monitoring, and research applications; request for comment. The applicant requests a permit activities at Marine Corps Base Camp amendment to take (locate and monitor Pendleton and Naval Amphibious Base SUMMARY: We, the U.S. Fish and nests) the southwestern willow Coronado, California, for the purpose of Wildlife Service, invite the public to flycatcher (Empidonax traillii extimus) enhancing the species’ survival. comment on the following applications in conjunction with population Permit No. TE–42833A to conduct certain activities with monitoring activities throughout the endangered species. With some range of the species for the purpose of Applicant: Ian E.D. Maunsell, San exceptions, the Endangered Species Act enhancing the species’ survival. Diego, California (Act) prohibits activities with The applicant requests a permit endangered and threatened species Permit No. TE–077388 renewal to take (harass by survey) the unless a Federal permit allows such Applicant: Oregon Zoo, Portland, light-footed Ridgway’s rail (light-footed activity. The Act also requires that we Oregon clapper r.) (Rallus obsoletus levipes) (R. invite public comment before issuing longirostris l.) and Yuma Ridgway’s rail recovery permits to conduct certain The applicant requests a permit (Yuma clapper r.) (Rallus obsoletus activities with endangered species. renewal and amendment to take (receive captive produced nestlings, propagate in yumanensis) (R. longirostris y.) in DATES: Comments on these permit captivity, handle, provide veterinary conjunction with surveys and applications must be received on or care, publicly display, transport, and population monitoring throughout the before March 25, 2015. release into the wild) the California range of the species in California for the ADDRESSES: Written data or comments condor (Gymnogyps californianus) in purpose of enhancing the species’ should be submitted to the Endangered conjunction with captive propagation survival. Species Program Manager, U.S. Fish and and population management activities Permit No. TE–25864A Wildlife Service, Region 8, 2800 Cottage throughout the range of the species in Way, Room W–2606, Sacramento, CA California for the purpose of enhancing Applicant: Richard C. Stolpe, Carlsbad, 95825 (telephone: 916–414–6464; fax: the species’ survival. California 916–414–6486). Please refer to the Permit No. TE–25164A The applicant requests a permit respective permit number for each renewal to take (capture, collect, and application when submitting comments. Applicant: Catherine A. Little, collect vouchers) the Conservancy fairy FOR FURTHER INFORMATION CONTACT: Woodland, California shrimp (Branchinecta conservatio), Daniel Marquez, Fish and Wildlife The applicant requests a permit longhorn fairy shrimp (Branchinecta Biologist; see ADDRESSES (telephone: renewal to take (capture, collect, and longiantenna), Riverside fairy shrimp 760–431–9440; fax: 760–431–9624). collect vouchers) the Conservancy fairy (Streptocephalus woottoni), San Diego SUPPLEMENTARY INFORMATION: The shrimp (Branchinecta conservatio), fairy shrimp (Branchinecta following applicants have applied for longhorn fairy shrimp (Branchinecta sandiegonensis), and vernal pool scientific research permits to conduct longiantenna), Riverside fairy shrimp tadpole shrimp (Lepidurus packardi) in certain activities with endangered (Streptocephalus woottoni), San Diego conjunction with survey activities

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throughout the range of the species in Permit No. TE–200339 Permit No. TE–095868 California for the purpose of enhancing Applicant: Sarah M. Foster, Sacramento, Applicant: David A. Kisner, Orcutt, the species’ survival. California California Permit No. TE–038701 The applicant requests a permit The applicant requests a permit Applicant: Bonnie L. Peterson, amendment to take (harass by survey) renewal to take (harass by survey, locate Lakeside, California the California Ridgway’s rail (California and monitor nests, and remove brown- clapper r.) (Rallus obsoletus obsoletus) headed cowbird eggs and chicks from The applicant requests a permit (R. longirostris o.) in conjunction with parasitized nests) the southwestern renewal and amendment to take (locate surveys and population monitoring willow flycatcher (Empidonax traillii and monitor nests, and remove brown- throughout the range of the species in extimus), and take (locate and monitor headed cowbird (Molothrus ater) eggs California for the purpose of enhancing nests, and remove brown-headed and chicks from parasitized nests) the the species’ survival. cowbird eggs and chicks from least Bell’s vireo (Vireo bellii pusillus), parasitized nests) the least Bell’s vireo take (harass by survey, locate and Permit No. TE–829204 (Vireo bellii pusillus) in conjunction monitor nests, and remove brown- Applicant: Harry Lee Jones, Lake Forest, with surveys and population monitoring headed cowbird eggs and chicks from California activities throughout the range of the parasitized nests) the southwestern species in California for the purpose of willow flycatcher (Empidonax traillii The applicant requests a permit enhancing the species’ survival. extimus), take (harass by survey, and amendment to take (attach transmitters, locate and monitor nests, capture, conduct radio telemetry, and mark) the Permit No. TE–122026 handle, handle/float eggs, weigh, band, arroyo toad (arroyo southwestern) Applicant: Tracy Y. Bailey, Ridgecrest, color-band, and release) the western (Anaxyrus californicus) in conjunction California snowy plover (Pacific Coast population with research and population distinct population segment (DPS)) monitoring activities at Naval Weapons The applicant requests a permit (Charadrius nivosus nivosus), take Station Seal Beach Detachment renewal to take (survey, capture, handle (locate and monitor nests, capture, Fallbrook in San Diego County, and release) the Stephens’ kangaroo rat handle, weigh, band, color-band, and California, for the purpose of enhancing (Dipodomys stephensi), San Bernardino release) the California least tern the species’ survival. kangaroo rat (Dipodomys merriami (Sternula antillarum browni) (Sterna a. parvus), Pacific pocket mouse Permit No. TE–006328 browni), take (survey by pursuit, handle, (Perognathus longimembris pacificus), and live-capture) the Quino checkerspot Applicant: Brian M. Drake, Tehachapi, and Morro Bay kangaroo rat (Dipodomys butterfly (Euphydryas editha quino), California heermanni morroensis) in conjunction and take (harass by survey) the light- with survey and population monitoring footed Ridgway’s rail (light-footed The applicant requests a permit activities throughout the range of the clapper r.) (Rallus obsoletus levipes) (R. amendment to take (survey, capture, species in California for the purpose of longirostris l.), in conjunction with handle and release) the Stephens’ enhancing the species’ survival. surveys and population monitoring kangaroo rat (Dipodomys stephensi) in activities in Los Angeles, Orange, conjunction with survey and population Permit No. TE–56626B Riverside, San Diego, and Imperial monitoring activities throughout the Applicant: Robin E. Dakin, San Jose, Counties, California, for the purpose of range of the species in California for the California enhancing the species’ survival. purpose of enhancing the species’ survival. The applicant requests a permit to Permit No. TE–19226A take (harass by survey, capture, handle, Permit No. TE–060175 Applicant: Jillian S. Moore, Oceanside, and release) the California tiger California Applicant: Teresa L. Gonzalez, La salamander (Santa Barbara County DPS) Quinta, California and Sonoma County DPS) (Ambystoma The applicant requests a permit californiense) in conjunction with renewal to take (capture, collect, and The applicant requests a permit surveys and population monitoring collect vouchers) the Conservancy fairy renewal to take (harass by survey, locate throughout the range of the species in shrimp (Branchinecta conservatio), and monitor nests, and remove brown- California for the purpose of enhancing longhorn fairy shrimp (Branchinecta headed cowbird eggs and chicks from the species’ survival. longiantenna), Riverside fairy shrimp parasitized nests) the southwestern (Streptocephalus woottoni), San Diego willow flycatcher (Empidonax traillii Permit No. TE–20186A fairy shrimp (Branchinecta extimus), and take (locate and monitor Applicant: Garrett R. Huffman, Yauapai, sandiegonensis), and vernal pool nests, and remove brown-headed Arizona tadpole shrimp (Lepidurus packardi) in cowbird eggs and chicks from conjunction with survey activities in parasitized nests) the least Bell’s vireo The applicant requests a permit to San Diego, Orange, Riverside, San (Vireo bellii pusillus) in conjunction take (survey by pursuit, handle, and Bernardino, Imperial, Los Angeles, with surveys and population monitoring live-capture) the Quino checkerspot Ventura, Kern, Santa Barbara, and San activities in San Diego, Orange, butterfly (Euphydryas editha quino) in Luis Obispo Counties, California, for the Riverside, Los Angeles, San Bernardino, conjunction with survey and population purpose of enhancing the species’ and Ventura Counties, California, for the monitoring activities throughout the survival. purpose of enhancing the species’ range of the species in California for the survival. purpose of enhancing the species’ survival.

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Permit No. TE–56489B southwestern willow flycatcher ACTION: Notice of availability; request (Empidonax traillii extimus), and take for comments. Applicant: Jonathan T. Koehler, Napa, (locate and monitor nests) the least California Bell’s vireo (Vireo bellii pusillus) in SUMMARY: We, the U.S. Fish and The applicant requests a permit to conjunction with surveys and Wildlife Service (Service), have received take (live-capture, handle, remove/ population monitoring activities an application from the Oregon relocate, and release) the California throughout the range of the species in Department of State Lands (DSL) for an freshwater shrimp (Syncaris pacifica) in California for the purpose of enhancing enhancement of survival (EOS) permit conjunction with survey, population the species’ survival. under the Endangered Species Act of monitoring, and restoration activities in 1973, as amended (ESA). The permit Napa County, California, for the purpose Permit No. TE–787037 application includes a draft candidate of enhancing the species’ survival. Applicant: Marie Simovich, San Diego, conservation agreement with assurances California (CCAA) for the greater sage-grouse, Permit No. TE–15544A addressing rangeland management The applicant requests a permit Applicant: Christine L. Beck, San Diego, activities on Oregon State Trust Lands amendment to take (collect cysts, California administered by DSL. The Service also juveniles, and adults) the San Diego announces the availability of a draft The applicant requests a permit fairy shrimp (Branchinecta environmental assessment (EA), renewal to take (locate and monitor sandiegonensis) in conjunction with prepared pursuant to the National nests) the least Bell’s vireo (Vireo bellii voucher collection, species Environmental Policy Act of 1969 pusillus), and take (survey, locate and identification, and genetic analysis in (NEPA), addressing the proposed CCAA monitor nests, capture, handle, band, San Diego County, California, for the and issuance of an EOS permit. We and release) the California least tern purpose of enhancing the species’ invite comments from all interested (Sternula antillarum browni) (Sterna a. survival. parties on the application, including the browni) in conjunction with surveys and draft CCAA and the draft EA. population monitoring activities Public Comments throughout the range of the species in We invite public review and comment DATES: To ensure consideration, written California for the purpose of enhancing on each of these recovery permit comments must be received from the species’ survival. applications. Comments and materials interested parties no later than March we receive will be available for public 25, 2015. Permit No. TE–824123 inspection, by appointment, during ADDRESSES: To request further Applicant: SWCA Environmental normal business hours at the address information or submit written Consultants, San Luis Obispo, California listed in the ADDRESSES section of this comments, please use one of the following methods, and note that your The applicant requests a permit notice. information request or comments are in renewal to take (locate, handle, remove/ Before including your address, phone reference to the DSL CCAA. relocate, and release) the Morro number, email address, or other • Internet: Documents may be viewed shoulderband snail (Helminthoglypta personal identifying information in your on the Internet at http://www.fws.gov/ walkeriana) in conjunction with survey comment, you should be aware that oregonfwo/. and habitat enhancement activities, and your entire comment—including your personal identifying information—may • Email: [email protected]. Include a permit amendment to take (survey, ‘‘DSL CCAA’’ in the subject line of the capture, handle, and release) the giant be made publicly available at any time. While you can ask us in your comment message. kangaroo rat (Dipodomys ingens), • U.S. Mail: U.S. Fish and Wildlife Tipton kangaroo rat (Dipodomys to withhold your personal identifying information from public review, we Service, Oregon Fish and Wildlife nitratoides nitratoides), and Fresno Office, 2600 SE 98th Ave., Suite 100, kangaroo rat (Dipodomys nitratoides cannot guarantee that we will be able to do so. Portland, OR 97266. exilis) in conjunction with survey and • Fax: 503–231–6195, Attn: DSL population monitoring activities Michael Long, CCAA. throughout the range of the species in Acting Regional Director, Pacific Southwest • In-Person Viewing or Pickup: California for the purpose of enhancing Region, Sacramento, California. Documents will be available for public the species’ survival. [FR Doc. 2015–03600 Filed 2–20–15; 8:45 am] inspection by appointment during Permit No. TE–057065B BILLING CODE 4310–55–P normal business hours at the U.S. Fish and Wildlife Service, Oregon Fish and Applicant: Steven G. Morris, Wildlife Office, 2600 SE 98th Ave., Huntington Beach, California DEPARTMENT OF THE INTERIOR Suite 100, Portland, OR. The applicant requests a permit to FOR FURTHER INFORMATION CONTACT: Fish and Wildlife Service Jeff take (harass by survey) the southwestern Everett or Jennifer Siani, U.S. Fish and willow flycatcher (Empidonax traillii [FWS–R1–ES–2015–N007; Wildlife Service, Oregon Fish and extimus) in conjunction with survey FXES11120100000–156–FF01E00000] Wildlife Office (see ADDRESSES), activities throughout the range of the telephone: 503–231–6179. If you use a species in California for the purpose of Draft Candidate Conservation telecommunications device for the deaf, enhancing the species’ survival. Agreement With Assurances, Receipt please call the Federal Information of Application for an Enhancement of Relay Service at 800–877–8339. Permit No. TE–082233 Survival Permit for the Greater Sage- Grouse on Oregon Department of State SUPPLEMENTARY INFORMATION: We have Applicant: Marcus C. England, Los received an application from DSL for an Angeles, California Lands, and Draft Environmental Assessment EOS permit under section 10(a)(1)(A) The applicant requests a permit the ESA for incidental take of sage- amendment to take (harass by survey, AGENCY: Fish and Wildlife Service, grouse (Centrocercus urophasianus). locate and monitor nests) the Interior. The permit application includes a draft

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CCAA prepared by the Service and the preliminary general habitat/PGH) and above, and the ‘‘no action’’ alternative. DSL to conserve the greater sage-grouse approximately 153,107 acres of core Under the no action alternative, the and its habitat on Oregon State Trust area sage-grouse habitat (or preliminary Service would not enter into the CCAA lands administered by DSL. priority habitat/PPH). Sage-grouse with DSL, nor issue the EOS permit. currently use habitats on these lands for The Service also considered, but did not Background Information lekking (communal breeding displays), analyze in detail, two additional Private and other non-Federal late-brood rearing, and wintering. alternatives. The first of these would property owners are encouraged to enter The draft CCAA describes all of the have required DSL to implement all into CCAAs, in which they voluntarily threats to sage-grouse that have been grazing CMs immediately upon undertake management activities on identified on the covered lands, approval of the CCAA. This alternative their properties to enhance, restore, or including: Loss and fragmentation of was rejected, because immediate maintain habitat benefiting species that sagebrush habitat; large wildfires, as implementation would have to proceed are proposed for listing under the ESA, well as lack of fire in some areas; prior to having the benefit of the candidates for listing, or species that encroachment of junipers and other completed SGHAs. The second may become candidates or proposed for conifers; improper grazing; invasive additional alternative was a substantial listing. Through a CCAA and its plants; vegetation treatments that reduce reduction in the amount of cattle associated EOS permit, the Service or degrade sagebrush habitat; grazing on DSL lands. This alternative provides assurances to property owners degradation of riparian areas; drought, was rejected because it would be that they will not be subjected to as well as catastrophic flooding; contrary to the economic purposes of increased land use restrictions if the disturbance from recreation and other State Trust Lands and could eventually covered species become listed under the activities; predation; West Nile virus; lead to lands being used for other ESA in the future, provided certain wild horses and burros; and insecticide purposes less compatible with conditions are met. use. The CCAAs also describe conservation of sage-grouse habitat. Application requirements and conservation measures the DSL would issuance criteria for EOS permits for implement to address each threat. Public Comments CCAAs are found in the Code of Federal Under the CCAA, the DSL would You may submit your comments and Regulations (CFR) at 50 CFR 17.22(d) prepare a Sage Grouse Habitat materials by one of the methods listed and 17.32(d), respectively. See also our Assessment (SGHA), which would serve in the ADDRESSES section. We request joint policy on CCAAs, which we as a site-specific plan, for each land data, information, opinions, or published in the Federal Register with parcel under DSL administration. The suggestions from the public, other the Department of Commerce’s National SGHA would include conservation concerned governmental agencies, the Oceanic and Atmospheric measures from the draft CCAA that scientific community, Tribes, industry, Administration, National Marine would address all threats occurring on or any other interested party on our Fisheries Service (64 FR 32726; June 17, that parcel of land. The Service will proposed permit action. We particularly 1999). review submitted SGHAs and approve seek comments on the following: (1) On March 23, 2010, the Service them through a letter of concurrence if Biological information and relevant data determined that listing the greater sage- the SGHAs are consistent with the concerning the greater sage-grouse; (2) grouse under the ESA (16 U.S.C. 1538) CCAA, EOS permit terms and current or planned activities in the was warranted, but precluded by the conditions, and the CCAA standard. subject area and their possible impacts need to address higher priority species Should the sage-grouse become listed, on the greater sage-grouse; (3) first. In anticipation of the potential take authorization would be effective identification of any other listing of sage-grouse under the ESA, the once a minimum of 25 percent of the environmental issues that should be DSL requested assistance from the covered lands have completed and considered with regard to the proposed Service in developing a sage-grouse approved SGHAs. The amount of permit action; and (4) information CCAA for rangeland management incidental take authorized will be regarding the adequacy of the draft activities on Oregon State Trust lands. proportional to the acres of habitat CCAA pursuant to the requirements for permits at 50 CFR parts 13 and 17. Proposed Action where SGHAs are being properly implemented. DSL staff will implement Public Availability of Comments The Service proposes to approve the many of the conservation measures draft CCAA and to issue an EOS permit, identified in the SGHAs, but measures All comments and materials we both with a term of 30 years, to the DSL directly related to grazing operations receive become part of the public record for incidental take of greater sage-grouse may be included as lessee associated with this action. Before caused by covered activities, if permit responsibilities in their annual including your address, phone number, issuance criteria are met. Covered operating plans. email address, or other personally activities on DSL lands would include identifiable information (PII) in your sage-grouse conservation, rangeland National Environmental Policy Act comments, you should be aware that treatments, livestock management, Compliance your entire comment—including your recreation, and existing agricultural Approval of a CCAA and issuance of PII—may be made publicly available at operations. Covered activities may be an EOS permit are Federal actions that any time. While you can ask us in your conducted by DSL or their authorized trigger the need for compliance with comment to withhold your PII from agents including lessees of DSL lands. NEPA. Pursuant to NEPA, we have public review, we cannot guarantee that The area covered under the proposed prepared a draft EA to analyze the we will be able to do so. Comments and CCAA is approximately 633,000 acres of environmental impacts related to the materials we receive, as well as Oregon State Trust Lands located in issuance of an EOS permit for sage- supporting documentation we use in Baker, Crook, Deschutes, Grant, Harney, grouse and implementation of the preparing the EA, will be available for Lake, Malheur, and Union Counties, conservation measures under the public inspection by appointment, Oregon. The covered lands encompass proposed CCAA. during normal business hours, at our approximately 380,705 acres of low- The EA analyses two alternatives: The Oregon Fish and Wildlife Office (see density sage-grouse habitat (or proposed action, which is described ADDRESSES).

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Next Steps Conservation Plan (HCP) addressing or degradation that results in death or After completion of the EA based on private land management activities injury to listed species by significantly consideration of public comments, we within upland prairie in Yamhill impairing essential behavioral patterns, will determine whether adoption of the County, Oregon, that may result in the including breeding, feeding, or proposed CCAA warrants a finding of incidental take of the federally sheltering (50 CFR 17.3). The term no significant impact or whether an endangered Fender’s blue butterfly. The ‘‘harass’’ is defined in our regulations as environmental impact statement should Service also announces the availability to carry out actions that create the be prepared. We will evaluate the of a draft environmental assessment likelihood of injury to listed species to proposed CCAA as well as any (EA) addressing the proposed HCP and such an extent as to significantly disrupt comments we receive, to determine issuance of a permit that was prepared normal behavioral patterns, which whether implementation of the in accordance with the National include, but are not limited to, breeding, proposed CCAA would meet the Environmental Policy Act of 1969, as feeding, or sheltering (50 CFR 17.3). requirements for issuance of an EOS amended (NEPA). We invite comments Under specified circumstances, the permit under section 10(a)(1)(A) of the from all interested parties on the permit Service may issue permits that authorize ESA. We will also evaluate whether the application, including the HCP and the take of federally listed species, provided proposed permit action would comply EA. the take is incidental to, but not the with section 7 of the ESA by conducting DATES: Written comments on the HCP purpose of, an otherwise lawful activity. an intra-Service section 7 consultation. and the EA must be received from Regulations governing permits for We will consider the results of this interested parties no later than March endangered and threatened species are consultation, in combination with the 25, 2015. at 50 CFR 17.22 and 17.32, respectively. above findings, in our final analysis to ADDRESSES: To request further Section 10(a)(1)(B) of the ESA contains determine whether or not to issue an information or submit written provisions for issuing such incidental EOS permit to the DSL. We will not comments, please use one of the take permits to non-Federal entities for make our final decision until after the following methods, and note that your the take of endangered and threatened end of the 30-day public comment information request or comments are in species, provided the following criteria period, and we will fully consider all reference to the Yamhill SWCD HCP. are met: comments we receive during the public • Internet: Documents may be viewed (1) The taking will be incidental; comment period. on the Internet at http://www.fws.gov/ (2) The applicant will prepare a oregonfwo/ToolsForLandowners/ conservation plan that, to the maximum Authority HabitatConservationPlans/. extent practicable, identifies the steps We provide this notice in accordance • Email: [email protected]. the applicant will take to minimize and with the requirements of section 10 of Include ‘‘Yamhill SWCD HCP’’ in the mitigate the impact of such taking; the ESA (16 U.S.C. 1531 et seq.), and subject line of the message or (3) The applicant will ensure that NEPA (42 U.S.C. 4321 et seq.) and their comments. adequate funding for the plan will be implementing regulations (50 CFR 17.22 • U.S. Mail: State Supervisor, U.S. provided; and 40 CFR 1506.6, respectively). Fish and Wildlife Service, 2600 SE 98th (4) The taking will not appreciably Ave., Suite 100, Portland, OR 97266. Dated: February 10, 2015. reduce the likelihood of the survival • Fax: 503–231–6195, Attn: Yamhill and recovery of the species in the wild; Richard Hannan, SWCD HCP. and Deputy Regional Director, Pacific Region, U.S. • In-Person Viewing or Pickup: (5) The applicant will carry out any Fish and Wildlife Service, Portland, Oregon. Comments and materials received will other measures that the Service may [FR Doc. 2015–03565 Filed 2–20–15; 8:45 am] be available for public inspection, by require as being necessary or BILLING CODE 4310–55–P appointment, during normal business appropriate for the purposes of the plan. hours at the U.S. Fish and Wildlife Service, 2600 SE 98th Ave., Suite 100, Proposed Action DEPARTMENT OF THE INTERIOR Portland, OR 97266. The Service proposes to approve the Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: HCP and to issue a permit, both with a Richard Szlemp, U.S. Fish and Wildlife term of 50 years, to the SWCD for [FWS–R1–ES–2015–N001; Service (see ADDRESSES), telephone: incidental take of the federally FXES11120100000F2–156–FF01E00000] 503–231–6179; facsimile: 503–231– endangered Fender’s blue butterfly Draft Environmental Assessment and 6195. If you use a telecommunications (Icaricia icarioides fenderi) caused by Draft Habitat Conservation Plan for the device for the deaf, please call the covered activities, if permit issuance Fender’s Blue Butterfly on Private Federal Information Relay Service at criteria are met. The permit would allow Lands in Yamhill County, Oregon 800–877–8339. the SWCD to issue certificates of SUPPLEMENTARY INFORMATION: inclusion to private landowners wanting AGENCY: Fish and Wildlife Service, coverage under the HCP for incidental Interior. Background take of the Fender’s blue butterfly. ACTION: Notice of availability; request Section 9 of the ESA (16 U.S.C. 1531 Private landowners who wish to be for comment. et seq.) prohibits the take of fish and covered under the permit may apply for wildlife species listed as endangered or a certificate of inclusion to the permit SUMMARY: We, the U.S. Fish and threatened under section 4 of the ESA. after signing a cooperative agreement Wildlife Service (Service), have received Under the ESA, the term ‘‘take’’ means with the SWCD. This will allow an application from the Yamhill Soil to harass, harm, pursue, hunt, shoot, landowners within identified butterfly and Water Conservation District (SWCD) wound, kill, trap, capture, or collect, or habitat in Yamhill County to continue to for an incidental take permit (permit) to attempt to engage in any such perform otherwise lawful activities that under the Endangered Species Act of conduct (16 U.S.C. 1532(19)). The term have the potential to impact the 1973, as amended (ESA). The permit ‘‘harm,’’ as defined in our regulations, Fender’s blue butterfly. To compensate application includes a draft Habitat includes significant habitat modification for take impacts, the SWCD will work

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with participating landowners to to 5 to 1. The HCP assumes an overall activities in the subject area and their minimize and mitigate their impacts. average mitigation ratio of 2 to 1 to be possible impacts on these species; (4) The area to be addressed in the HCP applied. the presence of archeological sites, (i.e., the covered lands) consists of buildings and structures, historic National Environmental Policy Act privately-owned lands in Yamhill events, sacred and traditional areas, and Compliance County, Oregon, totaling approximately other historic preservation concerns, 7,831 acres. The covered lands are The development of the draft HCP which are required to be considered in primarily rural lands supporting a and the proposed issuance of the permit Federal project planning by the National variety of agricultural activities, some of under this plan is a Federal action that Historic Preservation Act; (5) which have the potential to affect triggers the need for compliance with identification of any other Fender’s blue butterflies. Activities NEPA (42 U.S.C. 4321 et seq.). We have environmental issues that should be proposed for coverage (covered prepared a draft EA to analyze the considered with regard to the permit activities) under the HCP include forage environmental impacts of three action; and (6) information regarding the production, livestock grazing, vineyard alternatives related to the issuance of a adequacy of the HCP pursuant to the establishment, timber establishment, permit and implementation of the requirements for permits at 50 CFR parts voluntary habitat restoration, and conservation program under the 13 and 17. mitigation and monitoring. Potential proposed HCP. The three alternatives impacts caused by covered activities are include the proposed action, a no-action Public Availability of Comments anticipated to occur within upland alternative, and an individual permit All comments and materials we prairie habitat in areas that are within alternative to the issuance of certificates receive become part of the public record the butterfly flight distance (1.2 miles) of inclusion under the HCP. associated with this action. Before of known Fender’s blue butterfly The ‘‘Proposed Action’’ alternative is including your address, phone number, populations. the issuance of a permit to the SWCD email address, or other personal Under the HCP, the impacts of ‘‘take’’ and implementation of the HCP. identifying information in your of the Fender’s blue butterfly are being Under the ‘‘No-action’’ alternative, the comments, you should be aware that measured by the quantity of the proposed HCP would not be your entire comment—including your butterfly’s host plant, Kincaid’s lupine implemented and no permit would be personal identifying information—may (Lupinus sulphureus ssp. kincaidii), and issued to the SWCD to provide be made publicly available at any time. nectar resources that are adversely landowners coverage for incidental take While you can ask us in your comment affected. Kincaid’s lupine is federally- of Fender’s blue butterfly resulting from to withhold your personal identifying listed as a threatened species, but there covered activities. The no-action information from public review, we are no take prohibitions for plants on alternative would not give landowners cannot guarantee that we will be able to non-Federal lands under the ESA. These regulatory certainty, and actions that do so. Comments and materials we impacts are projected based on the could result in take of Fender’s blue receive, as well as supporting acreage of butterfly habitat where the butterfly would be prohibited under documentation we use in preparing the covered activities occur, and the average section 9 of the ESA. EA, will be available for public abundance of Kincaid’s lupine and Under the individual permit inspection by appointment, during nectar plants in those affected areas. alternative, each landowner who may normal business hours, at our Oregon Under the HCP, the total take impact on impact the Fender’s blue butterfly and Fish and Wildlife Office (see covered lands is estimated at 0.91 acres its habitat would complete their own ADDRESSES). over the 50-year permit term. HCP, obtain their own permit, and Next Steps The HCP includes measures to conduct and pay for their own conserve butterfly habitat, and to avoid mitigation, which could delay After completion of the EA based on and minimize incidental take of the implementation of a covered activity consideration of public comments, we Fender’s blue butterfly. Under the HCP, anywhere from one to three years. The will determine whether our proposed the conservation measures include: SWCD would also be required to obtain approval of the HCP warrants a finding (1) Working with individual take coverage for any habitat restoration, of no significant impact or whether an landowners and providing technical enhancement, and management environmental impact statement should assistance on means to avoid adverse activities that are likely to impact and be prepared pursuant to NEPA. We will impacts to the butterfly and its habitat cause take of the Fender’s blue butterfly. evaluate the HCP, as well as any and to implement best management comments we receive, to determine practices for the identified covered Public Comments whether implementation of the HCP activities; You may submit your comments and would meet the criteria for issuance of (2) Implementing mitigation measures materials by one of the methods listed a permit under section 10(a)(1)(B) of the when impacts to the Fender’s blue in the ADDRESSES section. We request ESA. We will also evaluate whether the butterfly and its habitats are data, comments, new information, or proposed permit action would comply unavoidable. Mitigation may be suggestions from the public, other with section 7 of the ESA by conducting completed by protection of existing concerned governmental agencies, the an intra-Service section 7 consultation. butterfly-occupied habitat, habitat scientific community, Tribes, industry, We will consider the results of this enhancement and management that or any other interested party on our consultation, in combination with the increases the quantity of resources for proposed Federal action. We above findings, in our final analysis to Fender’s blue butterflies beyond pre- particularly seek comments on the determine whether or not to issue a existing levels, or a combination of following: (1) Biological data or other permit to the SWCD. We will not make protection and enhancement. Mitigation information regarding the Fender’s blue the final NEPA and permit decisions ratios will be calculated using a product butterfly and Kincaid’s lupine; (2) until after the end of the 30-day public of a site quality multiplier and a base additional information concerning the comment period on this notice, and we mitigation ratio. The site quality range, distribution, population size, and will fully consider all comments we modifier ranges from 0.8 to 1.2, and the population trends of the butterfly and receive during the public comment base mitigation ratios vary from 1 to 1, the lupine; (3) current or planned period.

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If we determine that the permit March 18. Comments may also be Mendoza, Program Analyst, Bureau of issuance requirements are met, the submitted to the NGAC in writing. Indian Education, U.S. Department of Service will issue a permit to the SWCD. Members of the public who wish to the Interior, 1951 Constitution Avenue The SWCD would then begin processing attend the meeting must register in NW., MS 312, Washington, DC 20240; or requests from landowners interested in advance. Please register by contacting email to: [email protected]. certificates on inclusion under the HCP Lucia Foulkes at the U.S. Geological FOR FURTHER INFORMATION CONTACT: Ms. in order to receive coverage for the Survey (703–648–4142, lfoulkes@ Juanita Mendoza, telephone: (202) 208– incidental take of the Fender’s blue usgs.gov). Registrations are due by 3559. You may review the information butterfly under the permit issued to March 13, 2015. While the meeting will collection request online at http:// SWCD. be open to the public, registration is www.reginfo.gov. Follow the required for entrance to the South Authority instructions to review Department of the Interior Building, and seating may be Interior collections under review by We provide this notice in accordance limited due to room capacity. OMB. with the requirements of section 10 of DATES: The meeting will be held from SUPPLEMENTARY INFORMATION: the ESA (16 U.S.C. 1531 et seq.), and 8:30 a.m. to 5:30 p.m. on March 17 and NEPA (42 U.S.C. 4321 et seq.) and their from 8:30 a.m. to 4:00 p.m. on March 18. I. Abstract implementing regulations (50 CFR 17.22 FOR FURTHER INFORMATION CONTACT: John and 40 CFR 1506.6, respectively). The Bureau of Indian Education (BIE) Mahoney, U.S. Geological Survey (206– is seeking renewal of the approval for Dated: January 9, 2015. 220–4621). the information collection conducted Richard Hannan, SUPPLEMENTARY INFORMATION: Meetings under 25 CFR part 46 to manage Deputy Regional Director, Pacific Region, U.S. of the National Geospatial Advisory program resources and for fiscal Fish and Wildlife Service, Portland, Oregon. Committee are open to the public. accountability and appropriate direct [FR Doc. 2015–03572 Filed 2–20–15; 8:45 am] Additional information about the NGAC services documentation. Approval for BILLING CODE 4310–55–P and the meeting is available at this collection expires on February 28, www.fgdc.gov/ngac. 2015. This information includes an annual report form. No changes are Kenneth Shaffer, DEPARTMENT OF THE INTERIOR being made to the approved burden Deputy Executive Director, Federal Geographic Data Committee. hours and forms for this information Geological Survey collection. [FR Doc. 2015–03592 Filed 2–20–15; 8:45 am] [GX15EE000101100] BILLING CODE 4311–AM–P II. Request for Comments Announcement of National Geospatial On December 9, 2014, the BIE Advisory Committee Meeting published a notice announcing the DEPARTMENT OF THE INTERIOR renewal of this information collection AGENCY: U.S. Geological Survey, Bureau of Indian Affairs and provided a 60-day comment period Interior. in the Federal Register (79 FR 73100). ACTION: Notice of Meeting [145A2100DD.AADD001000.A0E501010. There were no comments received in 999900] SUMMARY: The National Geospatial response to this notice. Advisory Committee (NGAC) will meet Renewal of Agency Information The BIE requests your comments on on March 17–18, 2015 at the South Collection for the Bureau of Indian this collection concerning: (a) The Interior Building Auditorium, 1951 Education Adult Education Program necessity of this information collection Constitution Avenue NW, Washington, for the proper performance of the AGENCY: DC 20240. The meeting will be held in Bureau of Indian Affairs, functions of the agency, including the first floor Auditorium. The NGAC, Interior. whether the information will have which is composed of representatives ACTION: Notice of submission to OMB. practical utility; (b) The accuracy of the agency’s estimate of the burden (hours from governmental, private sector, non- SUMMARY: In compliance with the profit, and academic organizations, was and cost) of the collection of Paperwork Reduction Act of 1995, the information, including the validity of established to advise the Federal Bureau of Indian Education (BIE) is Geographic Data Committee (FGDC) on the methodology and assumptions used; submitting to the Office of Management (c) Ways we could enhance the quality, management of Federal geospatial and Budget (OMB) a request for renewal programs, the development of the utility, and clarity of the information to for the collection of information for the be collected; and (d) Ways we could National Spatial Data Infrastructure Bureau of Indian Education Adult (NSDI), and the implementation of minimize the burden of the collection of Education Program. The information the information on the respondents. Office of Management and Budget collection is currently authorized by (OMB) Circular A–16. Topics to be Please note that an agency may not OMB Control Number 1076–0120, conduct or sponsor, and an individual addressed at the meeting include: which expires February 28, 2015. • Leadership Dialogue need not respond to, a collection of DATES: Interested persons are invited to • FGDC Report (NSDI Strategic Plan information unless it displays a valid submit comments on or before March Implementation, National Geospatial OMB Control Number. 25, 2015. Data Asset Management Plan, It is our policy to make all comments Geospatial Platform) ADDRESSES: You may submit comments available to the public for review at the • Crowd-Sourced Geospatial Data on the information collection to the location listed in the ADDRESSES section. • Geospatial Privacy Desk Officer for the Department of the Before including your address, phone • 3D Elevation Program Interior at the Office of Management and number, email address or other personal • Landsat Budget, by facsimile to (202) 395–5806 identifying information in your • Subcommittee Activities or you may send an email to: OIRA_ comment, you should be aware that The meeting will include an [email protected]. Please send a your entire comment—including your opportunity for public comment on copy of your comments to Ms. Juanita personal identifying information—may

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be made publicly available at any time. Act and the Federal Advisory SUMMARY: The Commission hereby gives While you can ask us in your comment Committee Act, Bureau of Land notice of the scheduling of expedited to withhold your personal identifying Management’s (BLM) Pecos District reviews pursuant to section 751(c)(3) of information from public review, we Resource Advisory Council’s (RAC) the Tariff Act of 1930 (19 U.S.C. cannot guarantee that we will be able to Lesser Prairie-Chicken (LPC) Habitat 1675(c)(3)) (the Act) to determine do so. Preservation Area of Critical whether revocation of the antidumping Environmental Concerns (ACEC) duty and countervailing duty orders on III. Data Livestock Grazing Subcommittee will commodity matchbooks from India OMB Control Number: 1076–0120. meet as indicated below. would be likely to lead to continuation Title: Bureau of Indian Education DATES: The LPC ACEC Subcommittee or recurrence of material injury within Adult Education Program. will meet on March 31, 2015, at the a reasonably foreseeable time. For Brief Description of Collection: Roswell Field Office, 2909 West Second further information concerning the Submission of this information allows Street, Roswell, NM 88201, at 1:00 p.m. conduct of these reviews and rules of BIE to manage program resources, for The public may send written comments general application, consult the fiscal accountability and appropriate to the Subcommittee at the BLM Pecos Commission’s Rules of Practice and direct services documentation, and to District Office, 2909 West 2nd Street, Procedure, part 201, subparts A through prioritize programs. The information Roswell, New Mexico, 88201. E (19 CFR part 201), and part 207, helps manage the resources available to FOR FURTHER INFORMATION CONTACT: subparts A, D, E, and F (19 CFR part provide education opportunities for 207). adult Indians and Alaska Natives to Adam Ortega, Range Management complete high school graduation Specialist, Roswell Field Office, Bureau DATES: Effective Date: February 6, 2015. requirements and gain new skills and of Land Management, 2909 West 2nd FOR FURTHER INFORMATION CONTACT: knowledge for self-enhancement. Street, Roswell, New Mexico 88201, Justin Enck (202–205–3363), Office of Response is required to obtain a benefit. 575–627–0204. Persons who use a Investigations, U.S. International Trade Type of Review: Extension without telecommunications device for the deaf Commission, 500 E Street SW., change of currently approved collection. (TDD) may call the Federal Information Washington, DC 20436. Hearing- Respondents: Individuals (Tribal Relay Service (FIRS) at 1–800–877–8229 impaired persons can obtain Adult Education Program to contact the above individual during information on this matter by contacting Administrators). normal business hours. The FIRS is the Commission’s TDD terminal on 202– Number of Respondents: 70 per year, available 24 hours a day, 7 days a week, 205–1810. Persons with mobility on average. to leave a message or question with the impairments who will need special Total Number of Responses: 70 per above individual. You will receive a assistance in gaining access to the year, on average. reply during normal business hours. Commission should contact the Office Frequency of Response: Once per SUPPLEMENTARY INFORMATION: The 10- of the Secretary at 202–205–2000. year. member Pecos District RAC elected to General information concerning the Estimated Time per Response: 4 create a subcommittee to advise the Commission may also be obtained by hours. Secretary of the Interior, through the accessing its internet server (http:// Estimated Total Annual Hour Burden: BLM Pecos District, about possible www.usitc.gov). The public record for 280 hours. livestock grazing within the LPC ACEC. these reviews may be viewed on the Estimated Total Annual Non-Hour Planned agenda includes a discussion of Commission’s electronic docket (EDIS) Dollar Cost: $200. management strategies for the ACEC. at http://edis.usitc.gov. Dated: February 13, 2015. For any interested members of the SUPPLEMENTARY INFORMATION: Elizabeth K. Appel, public who wish to address the Background. On Friday, February 6, Director, Office of Regulatory Affairs and Subcommittee, there will be a half-hour 2015, the Commission determined that Collaborative Action—Indian Affairs. public comment period beginning at the domestic interested party group [FR Doc. 2015–03574 Filed 2–20–15; 8:45 am] 2:30 p.m. Depending on the number of response to its notice of institution (79 persons wishing to speak and time BILLING CODE 4310–6W–P FR 65243, November 3, 2014) of the available, the time for individual subject five-year reviews was adequate comments may be limited. and that the respondent interested party DEPARTMENT OF THE INTERIOR Michael H. Tupper, group response was inadequate. The Deputy State Director, Lands and Resources. Commission did not find any other Bureau of Land Management circumstances that would warrant [FR Doc. 2015–03579 Filed 2–20–15; 8:45 am] conducting full reviews.1 Accordingly, [LLNMP00000 L13110000.PP0000 BILLING CODE 4310–FB–P 15XL1109PF] the Commission determined that it would conduct expedited reviews Notice of Public Meeting, Pecos pursuant to section 751(c)(3) of the Act. District Resource Advisory Council INTERNATIONAL TRADE Staff report. A staff report containing Meeting, Lesser Prairie-Chicken COMMISSION information concerning the subject Habitat Preservation Area of Critical [Investigation Nos. 701–TA–459 and 731– matter of the reviews has been placed in Environmental Concern (LPC ACEC) TA–1155 (Review)] the nonpublic record and made Livestock Grazing Subcommittee New available to persons on the Mexico Commodity Matchbooks From India; Administrative Protective Order service Scheduling of Expedited Five-year list for these reviews. A public version AGENCY: Bureau of Land Management, Reviews Interior. 1 A record of the Commissioners’ votes, the ACTION: Notice of public meeting. AGENCY: United States International Commission’s statement on adequacy, and any Trade Commission. individual Commissioner’s statements will be SUMMARY: In accordance with the ACTION: Notice. available from the Office of the Secretary and at the Federal Land Policy and Management Commission’s Web site.

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will be issued pursuant to section DEPARTMENT OF JUSTICE (this link will only become active on the 207.62(d)(4) of the Commission’s rules. day following publication of this notice) Written submissions. As provided in Parole Commission or by contacting Michel Smyth by section 207.62(d) of the Commission’s telephone at 202–693–4129, TTY 202– rules, interested parties that are parties Sunshine Act Meeting 693–8064, (these are not toll-free to the reviews and that have provided numbers) or by email at DOL_PRA_ TIME AND DATE: 12:00 p.m., Tuesday, individually adequate responses to the [email protected]. February 24, 2015. notice of institution,2 and any party Submit comments about this request other than an interested party to the PLACE: U.S. Parole Commission, 90 K by mail or courier to the Office of reviews may file written comments with Street NE., 3rd Floor, Washington, DC. Information and Regulatory Affairs, the Secretary on what determination the STATUS: Closed. Attn: OMB Desk Officer for DOL–ETA, Commission should reach in the MATTERS TO BE CONSIDERED: Office of Management and Budget, reviews. Comments are due on or before Determination on five original Room 10235, 725 17th Street NW., Tuesday, March 10, 2015 and may not jurisdiction cases. Washington, DC 20503; by Fax: 202– contain new factual information. Any CONTACT PERSON FOR MORE INFORMATION: 395–5806 (this is not a toll-free person that is neither a party to the five- Jacqueline Graham, Staff Assistant to number); or by email: OIRA_ year reviews nor an interested party the Chairman, U.S. Parole Commission, [email protected]. Commenters may submit a brief written statement 90 K Street NE., 3rd Floor, Washington, are encouraged, but not required, to (which shall not contain any new DC 20530, (202) 346–7001. send a courtesy copy of any comments factual information) pertinent to the Dated: February 18, 2015. by mail or courier to the U.S. reviews by Tuesday, March 10, 2015. Department of Labor-OASAM, Office of J. Patricia W. Smoot, However, should the Department of the Chief Information Officer, Attn: Commerce extend the time limit for its Acting Chairman, U.S. Parole Commission. Departmental Information Compliance completion of the final results of its [FR Doc. 2015–03723 Filed 2–19–15; 4:15 pm] Management Program, Room N1301, reviews, the deadline for comments BILLING CODE 4410–31–P 200 Constitution Avenue NW., (which may not contain new factual Washington, DC 20210; or by email: information) on Commerce’s final [email protected]. results is three business days after the DEPARTMENT OF LABOR FOR FURTHER INFORMATION CONTACT: issuance of Commerce’s results. If Contact Michel Smyth by telephone at Office of the Secretary comments contain business proprietary 202–693–4129, TTY 202–693–8064, information (BPI), they must conform to Agency Information Collection (these are not toll-free numbers) or by the requirements of sections 201.6, email at [email protected]. 207.3, and 207.7 of the Commission’s Activities; Submission for OMB SUPPLEMENTARY INFORMATION: This ICR rules. Please be aware that the Review; Comment Request; Planning seeks to extend PRA authority for the Commission’s rules with respect to Guidance and Instructions for Planning Guidance and Instructions for filing have changed. The most recent Strategic State Plan and Plan Strategic State Plan and Plan amendments took effect on July 25, Modifications Submission for Modifications Submission for Workforce 2014. See 79 FR 35920 (June 25, 2014), Workforce Investment Act Title I and Investment Act (WIA), Pub. L. 105–220, and the revised Commission Handbook Wagner-Peyser Act Title I and Wagner-Peyser Act, 29 U.S.C. on E-filing, available from the ACTION: Notice. 49 et seq., information collection. The Commission’s Web site at http:// WIA provides the framework for a edis.usitc.gov. SUMMARY: The Department of Labor In accordance with sections 201.16(c) network of State workforce investment (DOL) is submitting the Employment systems designed to meet the needs of and 207.3 of the rules, each document and Training Administration (ETA) filed by a party to the reviews must be the nation’s businesses, job seekers, sponsored information collection youth, and those who want to further served on all other parties to the reviews request (ICR) titled, ‘‘Planning Guidance (as identified by either the public or BPI their careers. Title I requires a State to and Instructions for Strategic State Plan develop five-year strategic plans for this service list), and a certificate of service and Plan Modifications Submission for must be timely filed. The Secretary will system, which must also contain the Workforce Investment Act Title I and detail plans required under the Wagner- not accept a document for filing without Wagner-Peyser Act,’’ to the Office of a certificate of service. Peyser Act. Regulations 20 CFR 661.230 Management and Budget (OMB) for establishes requirements for WIA title I Authority: These reviews are being review and approval for continued use, and Wagner-Peyser Act plan conducted under authority of title VII of the without change, in accordance with the modification. WIA section 112, 29 Tariff Act of 1930; this notice is published Paperwork Reduction Act of 1995 U.S.C. 2822, and Wagner-Peyser Act, 29 pursuant to section 207.62 of the (PRA), 44 U.S.C. 3501 et seq. Public Commission’s rules. U.S.C. 49g, authorize this information comments on the ICR are invited. collection. Issued: February 18, 2015. DATES: The OMB will consider all This information collection is subject By order of the Commission. written comments that agency receives to the PRA. A Federal agency generally William R. Bishop, on or before March 25, 2015. cannot conduct or sponsor a collection Supervisory Hearings and Information ADDRESSES: A copy of this ICR with of information, and the public is Officer. applicable supporting documentation; generally not required to respond to an [FR Doc. 2015–03560 Filed 2–20–15; 8:45 am] including a description of the likely information collection, unless it is BILLING CODE 7020–02–P respondents, proposed frequency of approved by the OMB under the PRA response, and estimated total burden and displays a currently valid OMB 2 The Commission has found the response may be obtained free of charge from the Control Number. In addition, submitted by domestic interested party D.D. Bean to be individually adequate. Comments from other RegInfo.gov Web site at http:// notwithstanding any other provisions of interested parties will not be accepted (see 19 CFR www.reginfo.gov/public/do/ law, no person shall generally be subject 207.62(d)(2)). PRAViewICR?ref_nbr=201411-1205-003 to penalty for failing to comply with a

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collection of information that does not Total Estimated Annual Time Burden: to perform the labor or services involved display a valid Control Number. See 5 400 hours. in the petition; and (2) the employment CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs of the foreign worker(s) in such labor or obtains OMB approval for this Burden: $0. services will not adversely affect the information collection under Control Authority: 44 U.S.C. 3507(a)(1)(D). wages and working conditions of Number 1205–0398. workers in the U.S. similarly employed. OMB authorization for an ICR cannot Dated: February 12, 2015. 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c)(1), be for more than three (3) years without Michel Smyth, and 1188(a); 8 CFR 214.2(h)(5). renewal, and the current approval for Departmental Clearance Officer. Allowable Meal Charge this collection is scheduled to expire on [FR Doc. 2015–03561 Filed 2–20–15; 8:45 am] February 28, 2015. The DOL currently BILLING CODE 4510–FN–P Among the minimum benefits and seeks to extend PRA authorization for working conditions that the Department this information collection, without any requires employers to offer their U.S. change to existing requirements. The DEPARTMENT OF LABOR and H–2A workers are three meals a day DOL notes that existing information or free and convenient cooking and collection requirements submitted to the Employment and Training kitchen facilities. 20 CFR 655.122(g). OMB receive a month-to-month Administration Where the employer provides the meals, the job offer must state the charge, if extension while they undergo review. Labor Certification Process for the any, to the worker for such meals. Id. For additional substantive information Temporary Employment of Aliens in The Department provides, at 20 CFR about this ICR, see the related notice Agriculture in the United States: 2015 655.173(a), the methodology for published in the Federal Register on Allowable Charges for Agricultural determining the maximum amounts that September 10, 2014 (79 FR 53786). Workers’ Meals and Travel Interested parties are encouraged to H–2A agricultural employers may Subsistence Reimbursement, send comments to the OMB, Office of charge their U.S. and foreign workers for Including Lodging Information and Regulatory Affairs at providing them with three meals per the address shown in the ADDRESSES AGENCY: Employment and Training day during employment. This section within thirty (30) days of Administration, Department of Labor. methodology provides for annual publication of this notice in the Federal ACTION: Notice. adjustments of the previous year’s Register. In order to help ensure maximum allowable charge based upon appropriate consideration, comments SUMMARY: The Employment and updated Consumer Price Index (CPI) should mention OMB Control Number Training Administration (ETA) of the data. The maximum charge allowed by 1205–0398. The OMB is particularly Department of Labor (Department) is 20 CFR 655.173(a) is adjusted by the interested in comments that: issuing this Notice to announce (1) the same percentage as the 12-month • Evaluate whether the proposed allowable charges for 2015 that percent change in the CPI for all Urban collection of information is necessary employers seeking H–2A workers may Consumers for Food (CPI–U for Food).1 for the proper performance of the charge their workers when the employer The OFLC Certifying Officer may also functions of the agency, including provides three meals a day, and (2) the permit an employer to charge workers a whether the information will have maximum travel subsistence meal higher amount for providing them with practical utility; reimbursement that a worker with three meals a day, if the higher amount • Evaluate the accuracy of the receipts may claim in 2015. The Notice is justified and sufficiently documented agency’s estimate of the burden of the also includes a reminder regarding by the employer, as set forth in 20 CFR proposed collection of information, employers’ obligations with respect to 655.173(b). including the validity of the overnight lodging costs as part of The Department has determined that methodology and assumptions used; required subsistence. the percentage change between • Enhance the quality, utility, and DATES: Effective Date: This notice is December of 2013 and December of clarity of the information to be effective on February 23, 2015. 2014 for the CPI–U for Food was 2.4 collected; and FOR FURTHER INFORMATION CONTACT: percent. Accordingly, the maximum an • Minimize the burden of the William W. Thompson, Acting employer is allowed to charge under 20 collection of information on those who Administrator, Office of Foreign Labor CFR 655.122(g) shall be no more than are to respond, including through the Certification (OFLC), U.S. Department of $11.86 per day, unless the OFLC use of appropriate automated, Labor, Room C–4312, 200 Constitution Certifying Officer approves a higher electronic, mechanical, or other Avenue NW., Washington, DC 20210. charge for a specific employer as technological collection techniques or Telephone: 202–693–3010 (this is not a authorized under 20 CFR 655.173(b). other forms of information technology, toll-free number). e.g., permitting electronic submission of Reimbursement for Daily Travel responses. SUPPLEMENTARY INFORMATION: Subsistence Agency: DOL–ETA. The United States (U.S.) Citizenship The regulations at 20 CFR 655.122(h) Title of Collection: Planning Guidance and Immigration Services of the establish that the minimum daily travel and Instructions for Strategic State Plan Department of Homeland Security will subsistence expense for meals, to which and Plan Modifications Submission for not approve an employer’s petition for a worker is entitled to reimbursement, Workforce Investment Act Title I and the admission of H–2A nonimmigrant must be at least as much as the Wagner-Peyser Act. temporary agricultural workers in the employer would charge for providing OMB Control Number: 1205–0398. U.S. unless the petitioner has received the worker with three meals a day Affected Public: State, Local, and from the Department an H–2A labor during employment (if applicable), but Tribal Governments. certification. The H–2A labor in no event less than the amount Total Estimated Number of certification provides that: (1) there are Respondents: 10. not sufficient U.S. workers who are able, 1 Consumer Price Index—December 2014, Total Estimated Number of willing, and qualified, and who will be published January 16, 2015 at http://data.bls.gov/ Responses: 10. available at the time and place needed pdq/SurveyOutputServlet

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permitted under § 655.173(a), i.e. the required, lodging, must be no less than email: [email protected]. For charge annually adjusted by the 12- (and is not required to be more than) the technical questions, contact the month percentage change in CPI–U for most economical and reasonable costs. individual listed in the FOR FURTHER Food. The employer is responsible for those INFORMATION CONTACT section of this The Department determines the costs necessary for the worker to travel document. maximum meals component of the daily to the worksite if the worker completes • NRC’s Agencywide Documents travel subsistence expense on the 50 percent of the work contract period, Access and Management System standard minimum Continental United but is not responsible for unauthorized (ADAMS): You may obtain publicly- States (CONUS) per diem rate as detours, and if the worker completes the available documents online in the established by the General Services contract the employer is further ADAMS Public Documents collection at Administration (GSA) at 41 CFR part responsible for return transportation http://www.nrc.gov/reading-rm/ 301, formerly published in Appendix A, and subsistence costs, including lodging adams.html. To begin the search, select and now found at www.gsa.gov/ costs where necessary. This policy also ‘‘ADAMS Public Documents’’ and then perdiem. The CONUS minimum meals applies to instances where the worker is select ‘‘Begin Web-based ADAMS component remains $46.00 per day for traveling within the U.S. to the Search.’’ For problems with ADAMS, 2015.2 Workers who qualify for travel employer’s worksite. please contact the NRC’s Public reimbursement are entitled to For further information on when the Document Room (PDR) reference staff at reimbursement for meals up to the employer is responsible for 1–800–397–4209, 301–415–4737, or by CONUS meal rate when they provide transportation, lodging and meal costs, email to [email protected]. The receipts. In determining the appropriate please see the Department’s H–2A ADAMS accession number for each amount of reimbursement for meals for Frequently Asked Questions on Travel document referenced in this document less than a full day, the employer may and Daily Subsistence, which may (if that document is available in provide for meal expense found on the OFLC Web site: http:// ADAMS) is provided the first time that reimbursement, with receipts, to 75 www.foreignlaborcert.doleta.gov/. a document is referenced. percent of the maximum reimbursement • NRC’s PDR: You may examine and for meals of $34.50, as provided for in Portia Wu, purchase copies of public documents at the GSA per diem schedule. If a worker Assistant Secretary, Employment and the NRC’s PDR, Room O1–F21, One has no receipts, the employer is not Training Administration. White Flint North, 11555 Rockville obligated to reimburse above the [FR Doc. 2015–03596 Filed 2–20–15; 8:45 am] Pike, Rockville, Maryland 20852. minimum stated at 20 CFR 655.173(a) as BILLING CODE 4510–FP–P FOR FURTHER INFORMATION CONTACT: specified above. James Kim, Office of Nuclear Reactor The term ‘‘subsistence’’ includes both Regulation; U.S. Nuclear Regulatory meals and lodging during travel to and NUCLEAR REGULATORY Commission, Washington, DC 20555– from the worksite. Therefore, an COMMISSION 0001; telephone: 301–415–4125; email: employer is responsible for providing [Docket No. 50–271; NRC–2015–0034] [email protected]. (either paying in advance or I. Background reimbursing a worker) the reasonable Entergy Nuclear Operations, Inc., costs of transportation and daily Vermont Yankee Nuclear Power Entergy is the holder of Renewed subsistence between the employer’s Station Facility Operating License No. DPR–28. worksite and the place from which the The license provides, among other worker comes to work for the employer, AGENCY: Nuclear Regulatory things, that the facility is subject to all if the worker completes 50 percent of Commission. rules, regulations, and orders of the NRC the work contract period. Upon the ACTION: Exemption; issuance. now or hereafter in effect. The facility worker completing the contract, the consists of a boiling-water reactor SUMMARY: The U.S. Nuclear Regulatory employer is obligated to pay the return located in Windham County, Vermont. Commission (NRC) is issuing an By letter dated January 12, 2015, costs. In those instances where a worker exemption in response to a October 31, must travel to obtain a visa so that the (ADAMS Accession No. ML15013A426), 2013, request from Entergy Nuclear Entergy submitted to the NRC the worker may enter the U.S. to come to Operations, Inc. (Entergy or the work for the employer, the employer certification, in accordance with Section licensee), from certain regulatory 50.82(a)(1)(i) and 50.82(a)(1)(ii) of Title must pay for the transportation and requirements. The exemption would daily subsistence costs of that part of the 10 of the Code of Federal Regulations remove the requirement that a licensed (10 CFR), indicating it permanently travel as well. senior operator approve the emergency As the Department has stated before, ceased power operations and that the suspension of security measures for we interpret the regulation to require VY reactor vessel was permanently Vermont Yankee Nuclear Power Station the employer to assume responsibility defueled. (VY) during certain emergency for the reasonable costs associated with conditions or during severe weather. II. Request/Action the worker’s travel, including transportation, food, and, in those ADDRESSES: Please refer to Docket ID On October 31, 2013 (ADAMS instances where it is necessary, lodging. NRC–2015–0034 when contacting the Accession No. ML13317A077), the The minimum and maximum daily NRC about the availability of licensee requested an exemption from travel meal reimbursement amounts are information regarding this document. 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii), established above. If transportation and You may obtain publicly-available pursuant to 10 CFR 73.5, ‘‘Specific lodging are not provided by the information related to this document exemptions.’’ Section 73.55(p)(1)(i) and using any of the following methods: 73.55(p)(1)(ii) require, in part, that the employer, the amount an employer must • pay for transportation and, where Federal Rulemaking Web site: Go to suspension of security measures during http://www.regulations.gov and search certain emergency conditions or during 2 Maximum Per Diem Rates for the Continental for Docket ID NRC–2015–0034. Address severe weather be approved by a United States (CONUS), 79 FR 48168 (August. 15, questions about NRC dockets to Carol licensed senior operator. The exemption 2014); see also www.gsa.gov/perdiem. Gallagher; telephone: 301–415–3463; request relates solely to the licensing

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requirements specified in the permanently ceased operations and licensee’s proposed exemption will not regulations for the staff directing permanently removed fuel from the reactor result in a violation of the Atomic suspension of security measures in vessel, subject to the requirements of Energy Act of 1954, as amended, or accordance with 10 CFR 73.55(p)(1)(i) § 50.82(a) and consistent with the proposed other laws. Therefore, the exemption is definition of ‘‘Certified Fuel Handler’’ and 73.55(p)(1)(ii), and would remove specified in § 50.2, to make these evaluations authorized by law. the requirement for a licensed senior and judgments. A nuclear power reactor that B. Will Not Endanger Life or Property or operator to provide this approval. has permanently ceased operations and no the Common Defense and Security Instead, the exemption would allow the longer has fuel in the reactor vessel does not suspension of security measures during require a licensed individual to monitor core Removing the requirement to have a certain emergency conditions or during conditions. A certified fuel handler at a licensed senior operator approve severe weather by a certified fuel hander permanently shutdown and defueled nuclear suspension of security measures during (CFH). Portions of the letter dated power reactor undergoing decommissioning emergencies or severe weather will not is an individual who has the requisite endanger life or property or the common October 31, 2013, contain sensitive knowledge and experience to evaluate plant unclassified nonsafeguards information conditions and make these judgments. defense and security for the reasons (security-related) and, accordingly, have described below. been withheld from public disclosure. In the final rule (61 FR 39298; July 29, First, 10 CFR 73.55(p)(2) continues to 1996), the Commission added the require that ‘‘[s]uspended security III. Discussion following definition to 10 CFR 50.2: measures must be reinstated as soon as Historically, the Commission’s ‘‘Certified fuel handler means, for a conditions permit.’’ nuclear power reactor facility, a non- security rules have long recognized the Second, the suspension for licensed operator who has qualified in potential to suspend security or nonweather emergency conditions accordance with a fuel handler training safeguards measures under certain under 10 CFR 73.55(p)(1)(i) will program approved by the Commission.’’ conditions. Accordingly, 10 CFR continue to be invoked only ‘‘when this However, the Decommissioning Rule 50.54(x) and (y), first promulgated in action is immediately needed to protect did not propose or make parallel 1983, allow a licensee to take reasonable the public health and safety and no changes to 10 CFR 73.55(a), and did not steps in an emergency that deviate from action consistent with license discuss the role of a non-licensed license conditions when those steps are conditions and technical specifications certified fuel handler. ‘‘needed to protect the public health and that can provide adequate or equivalent In the final rule, ‘‘Power Reactor safety’’ and there are no conforming protection is immediately apparent.’’ Security Requirements’’ (74 FR 13926; comparable measures. (48 FR 13970; Thus, the underlying purpose of 10 CFR March 27, 2009), the NRC relocated and April 1, 1983). As originally 73.55(p)(1)(i) will continue to be to split the security suspension promulgated, the deviation from license protect public health and safety even requirements from 10 CFR 73.55(a) to 10 conditions must be approved by, as a after the exemption is granted. minimum, a licensed senior operator. In CFR 73.55(p)(1)(i) and (p)(1)(ii). The CFHs were not discussed in the Third, the suspension for severe 1986, in its final rule, ‘‘Miscellaneous weather under 10 CFR 73.55(p)(1)(ii) Amendments Concerning the Physical rulemaking, so the requirements of 10 CFR 73.55(p) to use a licensed senior will continue to be used only when ‘‘the Protection of Nuclear Power Plants’’ (51 suspension of affected security FR 27817; August 4, 1986), the operator remain, even for a site that otherwise no longer operates. measures is immediately needed to Commission promulgated 10 CFR protect the personal health and safety of 73.55(a), stating in part: However, pursuant to 10 CFR 73.5, the Commission may, upon application security force personnel and no other In accordance with § 50.54 (x) and (y) of by any interested person or upon its immediately apparent action consistent Part 50, the licensee may suspend any with the license conditions and safeguards measures pursuant to § 73.55 in own initiative, grant exemptions from the requirements of 10 CFR part 73, as technical specifications can provide an emergency when this action is adequate or equivalent protection.’’ The immediately needed to protect the public it determines are authorized by law and health and safety and no action consistent will not endanger life or property or the requirement to receive input from the with license conditions and technical common defense and security, and are security supervisor or manager will specification that can provide adequate or otherwise in the public interest. remain. The underlying purpose of 10 equivalent protection is immediately CFR 73.55(p)(1)(ii) will continue to be to apparent. This suspension must be approved A. The Exemption Is Authorized by Law protect the health and safety of the as a minimum by a licensed senior operator The exemption from 10 CFR security force. prior to taking the action. 73.55(p)(1)(i) and 10 CFR 73.55(p)(1)(ii) Additionally, by letter dated October In 1995, the Commission made a would remove the requirement that a 1, 2014 (ADAMS Accession No. number of proposed rule changes to licensed senior operator approve the ML14162A209), the NRC approved address decommissioning. Among the suspension of security measures, under Entergy’s CFH training and retraining changes were new regulations that certain emergency conditions or severe program for the VY facility. The NRC affected § 50.54 (x) and (y) by allowing weather. The licensee intends to align staff found that, among other things, the a non-licensed operator called a these regulations with 10 CFR 50.54(y) program addresses the safe conduct of ‘‘Certified Fuel Handler,’’ in addition to by using the authority of a non-licensed decommissioning activities, safe a licensed senior operator, to authorize CFH in place of a licensed senior handling and storage of spent fuel, and protective steps. Specifically, in operator to approve the suspension of the appropriate response to plant addressing the role of the CFH during security measures during certain emergencies. Because the CFH is emergencies, the Commission stated in emergency conditions or during severe sufficiently trained and qualified under the proposed rule, ‘‘Decommissioning of weather. an NRC-approved program, the NRC Nuclear Power Reactors’’ (60 FR 37379; Per 10 CFR 73.5, the Commission is staff considers a CFH to have sufficient July 20, 1995): allowed to grant exemptions from the knowledge of operational and safety The Commission is proposing to amend 10 regulations in 10 CFR part 73, as concerns, such that allowing a CFH to CFR 50.54(y) to permit a certified fuel authorized by law. The NRC staff has suspend security measures during the handler at nuclear power reactors that have determined that granting of the emergencies or severe weather will not

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result in undue risk to public health and measures in the event of an emergency suspension at a defueled shutdown safety. or severe weather. Second, the power plant does not (1) involve a In addition, the exemption does not consistent and efficient regulation of significant increase in the probability or reduce the overall effectiveness of the nuclear power plants serves the public consequences of an accident previously physical security plan and has no interest. This exemption would assure evaluated; or (2) create the possibility of adverse impacts to Entergy’s ability to consistency between the security a new or different kind of accident from physically secure the site or protect regulations in 10 CFR part 73 and the any accident previously evaluated; or special nuclear material at VY, and thus operating reactor regulations in 10 CFR (3) involve a significant reduction in a would not have an effect on the part 50, and the requirements margin of safety. The exempted security common defense and security. The NRC concerning licensed operators in 10 CFR regulation is unrelated to any staff has concluded that the exemption part 55. The NRC staff has determined operational restriction. Accordingly, would not reduce security measures that granting of the licensee’s proposed currently in place to protect against exemption would allow the licensee to there is no significant change in the radiological sabotage. Therefore, designate an alternative position, with types or significant increase in the removing the requirement for a licensed qualifications appropriate for a amounts of any effluents that may be senior operator to approve the permanently shutdown and defueled released offsite; and no significant suspension of security measures in an reactor, to approve the suspension of increase in individual or cumulative emergency or during severe weather, to security measures during an emergency public or occupational radiation allow suspension of security measures to protect the public health and safety, exposure. The exempted regulation is to be authorized by a CFH, does not and during severe weather to protect the not associated with construction, so adversely affect public health and safety safety of the security force, consistent there is no significant construction issues or the assurance of the common with the similar authority provided by impact. The exempted regulation does defense and security. 10 CFR 50.54(y). Therefore, the not concern the source term (i.e., C. Is Otherwise in the Public Interest exemption is in the public interest. potential amount of radiation in an accident), nor mitigation. Thus, there is Entergy’s proposed exemption would D. Environmental Considerations no significant increase in the potential remove the requirement that a licensed The NRC approval of the exemption for, or consequences of, a radiological senior operator approve suspension of to security requirements belongs to a accident. The requirement to have a security measures in an emergency category of actions that the Commission, licensed senior operator approve when ‘‘immediately needed to protect by rule or regulation, has declared to be the public health and safety’’ or during a categorical exclusion, after first departure from security actions may be severe weather when ‘‘immediately finding that the category of actions does viewed as involving either safeguards, needed to protect the personal health not individually or cumulatively have a materials control, or managerial matters. and safety of security force personnel.’’ significant effect on the human Therefore, pursuant to 10 CFR Without the exemption, the licensee environment. Specifically, the 51.22(b) and 51.22(c)(25), no cannot implement changes to its exemption is categorically excluded environmental impact statement or security plan to authorize a CFH to from further analysis under 10 CFR environmental assessment need be approve the temporary suspension of 51.22(c)(25). prepared in connection with the security regulations during an Under 10 CFR 51.22(c)(25), granting approval of this exemption request. emergency or severe weather, of an exemption from the requirements comparable to the authority given to the of any regulation of Chapter I to 10 CFR IV. Conclusions CFH by the Commission when it is a categorical exclusion provided that promulgated 10 CFR 50.54(y). Instead, (i) there is no significant hazards Accordingly, the Commission has the regulations would continue to consideration; (ii) there is no significant determined that, pursuant to 10 CFR require that a licensed senior operator change in the types or significant 73.5, the exemption is authorized by be available to make decisions for a increase in the amounts of any effluents law and will not endanger life or permanently shutdown plant, even that may be released offsite; (iii) there is property or the common defense and though VY no longer requires a licensed no significant increase in individual or security, and is otherwise in the public senior operator. However, it is unclear cumulative public or occupational interest. Therefore, the Commission how the licensee would implement radiation exposure; (iv) there is no hereby grants the licensee’s request for emergency or severe weather significant construction impact; (v) an exemption from the requirements of suspensions of security measures there is no significant increase in the 10 CFR 73.55(p)(1)(i) and 73.55(p)(1)(ii), without a licensed senior operator. This potential for or consequences from which otherwise would require exemption is in the public interest for radiological accidents; and (vi) the suspension of security measures during two reasons. First, without the requirements from which an exemption emergencies and severe weather, exemption, there is uncertainty on how is sought involve: safeguard plans, and respectively, to be approved by a the licensee will invoke temporary materials control and accounting licensed senior operator. The exemption suspension of security matters that may inventory scheduling requirements; or is effective upon issuance. be needed for protecting public health involve other requirements of an and safety or the safety of the security administrative, managerial, or Dated at Rockville, Maryland, this 12th day forces during emergencies and severe organizational nature. of February 2015. weather. The exemption would allow The Director, Division of Operating For the Nuclear Regulatory Commission. the licensee to make decisions pursuant Reactor Licensing, Office of Nuclear Michele G. Evans, to 73.55(p)(1)(i) & (ii) without having to Reactor Regulation, has determined that Director, Division of Operating Reactor maintain a staff of licensed senior approval of the exemption request Licensing, Office of Nuclear Reactor operators. The exemption would also involves no significant hazards Regulation. allow the licensee to have an consideration because removing the [FR Doc. 2015–03624 Filed 2–20–15; 8:45 am] established procedure in place to allow requirement to have a licensed senior BILLING CODE 7590–01–P a trained CFH to suspend security operator approve the security

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NUCLEAR REGULATORY Regulation, U.S. Nuclear Regulatory Week of March 9, 2015—Tentative COMMISSION Commission, Washington, DC 20555– There are no meetings scheduled for 0001; telephone: 301–415–1564, email: [Docket No. 50–298; NRC–2014–0180] the week of March 9, 2015. [email protected]. Week of March 16, 2015—Tentative Nebraska Public Power District; SUPPLEMENTARY INFORMATION: The NRC Cooper Nuclear Station has granted the request of Nebraska There are no meetings scheduled for Public Power District (the licensee) to the week of March 16, 2015. AGENCY: Nuclear Regulatory withdraw its June 2, 2014, application Week of March 23, 2015—Tentative Commission. (Agencywide Documents Access and ACTION: License amendment application; Management System (ADAMS) Thursday, March 26, 2015 withdrawal by applicant. Accession No. ML14157A006) for a 9:30 a.m. Briefing on Security Issues proposed amendment to Facility SUMMARY: The U.S. Nuclear Regulatory (Closed—Ex. 1) Operating License No. DPR–46 for the 1:30 p.m. Briefing on Security Issues Commission (NRC) has granted the Cooper Nuclear Station, located in (Closed—Ex. 1) request of Nebraska Public Power Nemaha County, Nebraska. District to withdraw its application The proposed amendment would Friday, March 27, 2015 dated June 2, 2014, for a proposed have revised the Cooper Nuclear Station 9:30 a.m. Briefing on Threat amendment to Facility Operating TS to update Figure 4.1–1, ‘‘Site and Environment Assessment (Closed— License No. DPR–46. The proposed Exclusion Area Boundaries and Low Ex. 1) amendment would have revised the Population Zone,’’ to reflect the current Week of March 30, 2015—Tentative Cooper Nuclear Station Technical site layout. Specifications (TS) to update Figure The Commission had previously There are no meetings scheduled for 4.1–1, ‘‘Site and Exclusion Area issued a Notice of Consideration of the week of March 30, 2015. Boundaries and Low Population Zone,’’ Issuance of Amendment published in * * * * * to reflect the current site layout. the Federal Register on August 5, 2014 The schedule for Commission ADDRESSES: Please refer to Docket ID (79 FR 45478). However, by letter dated meetings is subject to change on short NRC–2014–0180 when contacting the February 3, 2015 (ADAMS) Accession notice. For more information or to verify NRC about the availability of No. ML15041A664), the licensee the status of meetings, contact Glenn information regarding this document. withdrew the proposed change. Ellmers at 301–415–0442 or via email at You may obtain publicly-available Dated at Rockville, Maryland, this 11th day [email protected]. information related to this document of February 2015. * * * * * using any of the following methods: For the Nuclear Regulatory Commission. The NRC Commission Meeting • Federal Rulemaking Web site: Go to Siva P. Lingam, Schedule can be found on the Internet http://www.regulations.gov and search at: http://www.nrc.gov/public-involve/ Project Manager, Plant Licensing Branch IV– for Docket ID NRC–2014–0180. Address public-meetings/schedule.html. questions about NRC dockets to Carol 1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. * * * * * Gallagher; telephone: 301–415–3463; The NRC provides reasonable email: [email protected]. For [FR Doc. 2015–03623 Filed 2–20–15; 8:45 am] BILLING CODE 7590–01–P accommodation to individuals with technical questions, contact the disabilities where appropriate. If you individual listed in the FOR FURTHER need a reasonable accommodation to INFORMATION CONTACT section of this NUCLEAR REGULATORY participate in these public meetings, or document. • COMMISSION need this meeting notice or the NRC’s Agencywide Documents transcript or other information from the Access and Management System [NRC–2015–0001] public meetings in another format (e.g. (ADAMS): You may obtain publicly braille, large print), please notify available documents online in the Sunshine Act Meeting Kimberly Meyer, NRC Disability ADAMS Public Documents collection at Program Manager, at 301–287–0727, by http://www.nrc.gov/reading-rm/ DATE: Weeks of February 23, March 2, 9, videophone at 240–428–3217, or by adams.html. To begin the search, select 16, 23, 30, 2015. email at Kimberly.Meyer-Chambers@ ‘‘ADAMS Public Documents’’ and then PLACE: Commissioners’ Conference nrc.gov. Determinations on requests for select ‘‘Begin Web-based ADAMS Room, 11555 Rockville Pike, Rockville, reasonable accommodation will be Search.’’ For problems with ADAMS, Maryland. made on a case-by-case basis. please contact the NRC’s Public STATUS: Public and Closed. Document Room (PDR) reference staff at * * * * * Members of the public may request to 1–800–397–4209, 301–415–4737, or by Week of February 23, 2015 receive this information electronically. email to [email protected]. The Thursday, February 26, 2015 If you would like to be added to the ADAMS accession number for each distribution, please contact the Nuclear document referenced in this document 2:00 p.m. Briefing on NRC International Regulatory Commission, Office of the (if that document is available in Activities (Closed—Ex. 1 & 9) Secretary, Washington, DC 20555 (301– ADAMS) is provided the first time that Week of March 2, 2015—Tentative 415–1969), or email a document is referenced. [email protected] or • NRC’s PDR: You may examine and Thursday, March 5, 2015 [email protected]. purchase copies of public documents at 10:00 a.m. Meeting with Advisory the NRC’s PDR, Room O1–F21, One Committee on Reactor, Safeguards Dated: February 19, 2015. White Flint North, 11555 Rockville (Public Meeting), (Contact: Edwin Glenn Ellmers, Pike, Rockville, Maryland 20852. Hackett, 301–415–7360). Policy Coordinator, Office of the Secretary. FOR FURTHER INFORMATION CONTACT: Siva This meeting will be webcast live at [FR Doc. 2015–03734 Filed 2–19–15; 4:15 pm] P. Lingam, Office of Nuclear Reactor the Web address—http://www.nrc.gov/. BILLING CODE 7590–01–P

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SECURITIES AND EXCHANGE places specified in Item IV below. The First, the Exchange proposes to COMMISSION Exchange has prepared summaries, set amend and relocate its current forth in sections A, B, and C below, of definition of a ‘‘Distributor’’ contained [Release No. 34–74282; File No. SR–EDGX– in its fee schedule. A Distributor is 2015–09] the most significant parts of such statements. currently defined as ‘‘any entity that Self-Regulatory Organizations; EDGX receives a market data feed directly from A. Self-Regulatory Organization’s the Exchange or indirectly through Exchange, Inc.; Notice of Filing and Statement of the Purpose of, and Immediate Effectiveness of a Proposed another entity and then distributes it Statutory Basis for, the Proposed Rule either internally (within that entity) Rule Change To Establish Fees for Change EDGX Top, EDGX Last Sale, and the (‘‘Internal Distributor’’) or externally BATS One Feed 1. Purpose (outside that entity) (‘‘External Distributor’’). All Distributors shall February 17, 2015. The Exchange proposes to amend its execute a Market Data Vendor Pursuant to Section 19(b)(1) of the fee schedule to establish fees for EDGX Agreement with Direct Edge, Inc., acting Securities Exchange Act of 1934 (the Top, EDGX Last Sale, and the BATS on behalf of EDGX Exchange, Inc.’’ As ‘‘Act’’),1 and Rule 19b–4 thereunder,2 One Feed, as well as add definitions for amended, a ‘‘Distributor’’ will be notice is hereby given that on February terms that apply to market data fees and defined as ‘‘any entity that receives an 2, 2015, EDGX Exchange, Inc. (‘‘EDGX’’ make certain technical, non-substantive Exchange Market Data product directly or the ‘‘Exchange’’) filed with the changes. from the Exchange or indirectly through Securities and Exchange Commission Technical, Non-Substantive Changes another entity and then distributes it (‘‘Commission’’) the proposed rule internally or externally to a third change as described in Items I and II The Exchange proposes the following party.’’ 6 In turn, an Internal Distributor below, which Items have been prepared technical, non-substantive amendments and External Distributor will be by the Exchange. The Exchange has to its fee schedule regarding its existing separately defined. An Internal designated the proposed rule change as market data fees. First, the Exchange Distributor will be defined as a one establishing or changing a member proposes to group all fees for its market ‘‘Distributor that receives the Exchange due, fee, or other charge imposed by the data products under a section entitled, Market Data product and then Exchange under Section 19(b)(3)(A)(ii) ‘‘Market Data Fees.’’ Second, the distributes that data to one or more of the Act 3 and Rule 19b–4(f)(2) Exchange proposes to rename the Users within the Distributor’s own thereunder,4 which renders the section entitled ‘‘EdgeBook Depth Fees’’ entity.’’ 7 An External Distributor will be proposed rule change effective upon as the ‘‘EDGX Depth’’ to align with a defined as a ‘‘Distributor that receives filing with the Commission. The name change within Rule 13.8 that was the Exchange Market Data product and Commission is publishing this notice to recently filed with the Commission.5 then distributes that data to a third party solicit comments on the proposed rule Third, the Exchange proposes to amend or one or more Users outside the change from interested persons. the name of the section entitled Distributor’s own entity.’’ 8 ‘‘EdgeBook Attributed Fees’’ as ‘‘EDGX Secondly, the Exchange proposes to I. Self-Regulatory Organization’s Depth Attributed’’ to align with the add a definition of ‘‘User’’ to its fee Statement of the Terms of Substance of naming convention of the Exchange’s schedule. A User will be defined as a the Proposed Rule Change other market data products: EDGX ‘‘natural person, a proprietorship, The Exchange filed a proposal to Depth, EDGX Top, and EDGX Last Sale. corporation, partnership, or entity, or amend its fee schedule to establish fees Fourth, the Exchange proposes to device (computer or other automated for EDGX Top, EDGX Last Sale, and the relocate the section entitled ‘‘EDGX service), that is entitled to receive BATS One Feed, as well as add Historical Depth Data’’ within the new Exchange data.’’ For purposes of its definitions for terms that apply to section on market data fees. The market data fees, the Exchange will market data fees and make certain Exchange also proposes to replace distinguish between ‘‘Non-Professional technical, non-substantive changes. references to ‘‘EdgeBook Depth X’’ with Users’’ and ‘‘Professional Users.’’ The text of the proposed rule change ‘‘EDGX Depth’’ to align with the name Specifically, a Non-Professional User is available at the Exchange’s Web site change within Rule 13.8 discussed will be defined as ‘‘a natural person at http://www.batstrading.com, at the above. who is not: (i) Registered or qualified in principal office of the Exchange, and at any capacity with the Commission, the the Commission’s Public Reference Definitions Applicable to Market Data Commodity Futures Trading Room. Fees Commission, any state securities agency, any securities exchange or The Exchange proposes to include in II. Self-Regulatory Organization’s association; any commodities or futures its fee schedule the following defined Statement of the Purpose of, and contract market or association; (ii) terms that relate to the Exchange’s Statutory Basis for, the Proposed Rule engaged as an ‘‘investment adviser’’ as market data fees. The proposed Change that term is defined in Section 201(11) definitions are designed to provide of the Investment Advisers Act of 1940 In its filing with the Commission, the greater transparency with regard to how Exchange included statements (whether or not registered or qualified the Exchange assesses fees for market under that Act); or (iii) employed by a concerning the purpose of, and basis for, data. The Exchange notes that none of the proposed rule change and discussed bank or other organization exempt from the proposed definitions are designed to registration under federal or state any comments it received on the amend any fee, nor alter the manner in proposed rule change. The text of those which it assesses fees. statements may be examined at the 6 The proposed definition of ‘‘Distributor’’ is similar to Nasdaq Rule 7047(d)(1). 5 See Securities Exchange Act Release No. 73989 7 The proposed definition of ‘‘Internal 1 15 U.S.C. 78s(b)(1). (January 5, 2015) (SR–EDGX–2014–36) (Notice of Distributor’’ is similar to Nasdaq Rule 2 17 CFR 240.19b–4. Filing and Immediate Effectiveness of Proposed 7047(d)(1)(A). 3 15 U.S.C. 78s(b)(3)(A)(ii). Rule Change to Adopt Top and Last Sale Data 8 The proposed definition of ‘‘External 4 17 CFR 240.19b–4(f)(2). Feeds). Distributor’’ is similar to Nasdaq Rule 7047(d)(1)(B).

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securities laws to perform functions that months. Subscribers to either EDGX Top available to buy and sell at that will require registration or qualification or EDGX Last Sale may also receive, particular price level. if such functions were performed for an upon request and at no additional cost, The Exchange uses the following data 9 organization not so exempt.’’ A EDGX Last Sale or EDGX Top, as feeds to create the BATS One Summary Professional User will be defined as applicable. The Exchange believes that Feed and the BATS One Premium Feed, ‘‘any User other than a Non-Professional the proposed pricing model is simple 10 each of which is available to other User.’’ and easy for data recipients to comply vendors: EDGX Depth, EDGA Depth, with, and thus, will result in a minimal EDGX Top and EDGX Last Sale BYX Depth, and BZX Depth, and each additional administrative burden for of which have been previously The Exchange will begin to offer two data recipients with respect to EDGX published by the Commission.16 A new data feeds that are also identical to Last Sale and EDGX Top. data feeds currently available on the vendor that wishes to create a product BATS Exchange, Inc. (‘‘BZX’’) and BATS One Feed like the BATS One Summary Feed BATS Y-Exchange, Inc. (‘‘BYX’’ The Commission recently approved a could instead subscribe to EDGX Top, collectively, with BZX, ‘‘BATS’’): EDGX proposed rule change by the Exchange EDGX Last Sale, EDGA Top, EDGA Last Last Sale and EDGX Top.11 EDGX Last to establish a new market data product Sale, BZX Top, BZX Last Sale, BYX Sale will provide real-time, intraday called the BATS One Feed.13 The BATS Top, and BYX Last Sale.17 The BATS trade information, including price, One Feed is a data feed that Exchanges are the exclusive distributors volume and time of executions based on disseminates, on a real-time basis, the of these individual data feeds from orders entered into the System.12 EDGX aggregate best bid and offer (‘‘BBO’’) of which certain data elements are taken to Last Sale will not include quotation all displayed orders for securities traded create the BATS One Feed as well as the information. EDGX Top will include top on EDGX and its affiliated exchanges14 feeds that a vendor may use to create a of book quotations and last sale and for which the BATS Exchanges product like the BATS One Summary execution information based on orders report quotes under the Consolidated Feed. By contrast, the Exchange would entered into the System. The quotations Tape Association (‘‘CTA’’) Plan or the not be the exclusive distributor of the made available via EDGX Top will Nasdaq/UTP Plan.15 The BATS One aggregated and consolidated provide an aggregated size and do not Feed also contains the individual last information that comprises the BATS indicate the size or number of sale information for the BATS One Feed. Any entity that receives, or individual orders at the best bid or ask. Exchanges (collectively with the elects to received [sic], the individual The proposed cost of EDGX Last Sale aggregate BBO, the ‘‘BATS One data feeds or the feeds that may be used for an Internal Distributor will be $500 Summary Feed’’). In addition, the BATS to create a product like the BATS One per month. Likewise, the proposed cost One Feed contains optional Feed would be able to, if it so chooses, of EDGX Top for an Internal Distributor functionality which will enable to create a data feed with the same will be $500 per month. The Exchange recipients to elect to receive aggregated information included in the BATS One does not propose to charge per User fees two-sided quotations from the BATS Feed and sell and distribute it to its for either EDGX Last Sale or EDGX Top. Exchanges for up to five (5) price levels clients so that it could be received by Therefore, the Exchange will not require for all securities that are traded on the those clients as quickly as the BATS an External Distributor of EDGX Last BATS Exchanges in addition to the One Feed would be received by those Sale or EDGX Top to count, classify BATS One Summary Feed (‘‘BATS One same clients.18 (e.g., professional or non-professional) Premium Feed’’). For each price level on or report to the Exchange information one of the BATS Exchanges, the BATS The Exchange proposes to amend its regarding the customers to which they One Premium Feed will include a two- fee schedule to incorporate fees related provide the data. Instead, the Exchange sided quote and the number of shares to the BATS One Feed. The Exchange proposes to charge an External proposes to charge different fees to Distributor of EDGX Last Sale a flat fee 13 See Securities Exchange Act Release No. 73918 vendors depending on whether the of $1,250 per month. The Exchange also (December 23, 2014), 79 FR 78920 (December 31, vendor elects to receive: (i) The BATS 2014) (File Nos. SR–EDGX–2014–25; SR–EDGA– One Summary Feed; or (ii) the optional proposes to charge an External 2014–25; SR–BATS–2014–055; SR–BYX–2014–030) Distributor of EDGX Top a flat fee of (Notice of Amendments No. 2 and Order Granting BATS One Premium Feed. These fees $1,250 per month. End Users will not Accelerated Approval to Proposed Rule Changes, as include the following, each of which are have to pay the Exchange for EDGX Last Modified by Amendments Nos. 1 and 2, to Establish described in detail below: (i) Distributor a New Market Data Product called the BATS One Sale or EDGX Top, nor will end Users Feed) (‘‘BATS One Approval Order’’). 16 be required to enter into contracts with 14 EDGX’s affiliated exchanges are BZX, BYX, and See Securities Exchange Act Release Nos. the Exchange. The Exchange also EDGA Exchange, Inc. (‘‘EDGA’’, together with 66864 (April 26, 2012), 77 FR 26064 (May 2, 2012) EDGX, BZX, and BYX, the ‘‘BATS Exchanges’’). On (SR–EDGX–2012–14); 66863 (April 26, 2012), 77 FR proposes to establish a New External 26059 (May 2, 2012) (SR–EDGA–2012–15); 69936 Distributor Credit under which new January 31, 2014, Direct Edge Holdings LLC (‘‘DE Holdings’’), the former parent company of the (July 3, 2013), 78 FR 41483 (July 10, 2013) (SR– External Distributors of EDGX Top or Exchange and EDGA, completed its business BATS–2013–39); 69935 (July 3, 2013), 78 FR 47447 EDGX Last Sale will not be charged a combination with BATS Global Markets, Inc., the (July 10, 2013) (SR–BYX–2013–023). See EDGA Distributor Fee for their first three (3) parent company of BATS and BYX. See Securities Rule 13.8, EDGX Rule 13.8, BZX Rule 11.22(a) and Exchange Act Release No. 71449 (January 30, 2014), (c), and BYX Rule 11.22 (a) and (c) for a description 79 FR 6961 (February 5, 2014) (SR–EDGX–2013–43, of the depth of book feeds offered by each of the 9 The proposed definition of ‘‘Professional User’’ SR–EDGA–2014–34). Upon completion of the BATS Exchanges. is similar to Nasdaq Rule 7047(d)(3)(A). business combination, DE Holdings and BATS 17 See supra note 5. See also BZX and BYX Rules 10 The proposed definition of ‘‘Non-Professional Global Markets, Inc. each became intermediate 11.22(d) and (g). User’’ is similar to Nasdaq Rule 7047(d)(3)(B). holding companies, held under a single new 18 See BATS One Approval Order, supra note 13. 11 See supra note 5. See also BATS Rule 11.22(d) holding company. The new holding company, The Exchange notes that a vendor can obtain the and (g). formerly named ‘‘BATS Global Markets Holdings, underlying depth-of-book feeds as well as EDGX 12 The term ‘‘System’’ is defined as ‘‘the Inc.,’’ changed its name to ‘‘BATS Global Markets, Top, EDGX Last Sale, EDGA Top, EDGA Last Sale, electronic communications and trading facility Inc.’’ BZX Top, BZX Last Sale, BYX Top and BYX Last designated by the Board through which securities 15 The Exchange understands that each of the Sale on the same latency basis as the Exchange orders of Users are consolidated for ranking, BATS Exchanges will separately file substantially would receive the underlying depth-of-book feeds execution and, when applicable, routing away.’’ See similar proposed rule changes with the Commission necessary to create the BATS One Feed, including Exchange Rule 1.5(cc). to implement fees for the BATS One Feed. the BATS One Summary Feed. Id.

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Fees;19 (ii) Usage Fees for both One Premium Feed23 by purchasing the of the BATS One Premium Feed. The Professional and Non-Professional [sic] each of these depth of book Exchange does not believe the New Users;20 (iii) Enterprise Fees;21 and (iv) products from the individual BATS External Distributor Credit would a Data Consolidation Fee. The amount Exchanges and then performing its own inhibit a vendor from creating a of each fee may differ depending on aggregation and consolidation functions. competing product and offer a similar whether they use the BATS One Feed The combined External Distributor fees free period as the Exchange. data for internal or external distribution. for these individual data feeds of the Specifically, a vendor seeking to create Vendors that distribute the BATS One BATS Exchanges is $12,500 per the BATS One Summary Feed could do Feed data both internally and externally month,24 equal to the $12,500 per so by subscribing to EDGX Top, EDGX will be subject to the higher of the two month External Distributor Fee Last Sale, EDGA Top, EDGA Last Sale, Distributor Fees. proposed for the BATS One Premium BZX Top, BZX Last Sale, BYX Top and Internal Distributor Fees. As Feed. An External Distributor that seeks BYX Last Sale, all of which are either proposed, each Internal Distributor that to create a competing product to the free or also include a New External receives only the BATS One Summary BATS One Summary Feed could instead Distributor Credit identical to that Feed shall pay a fee of $10,000 per subscribe to the following data feeds: proposed for the BATS One Summary month. The Exchange also proposes that EDGX Top, EDGX Last Sale, EDGA Top, Feed. As a result, a competing vendor each Internal Distributor shall pay a fee EDGA Last Sale, BZX Top, BZX Last would incur similar costs as the of $15,000 per month where they elect Sale, BYX Top, and BYX Last Sale,25 Exchange in offering such free period to receive the BATS One Premium Feed. and then perform their own aggregation for a competing product and may do so The Exchange does not propose to and consolidation function. The on the same terms as the Exchange. charge any User fees for the BATS One combined External Distributor fees for User Fees Feed where the data is received and these individual data feeds of the BATS subsequently internally distributed to Exchanges is $5,000 per month,26 equal In addition to Internal and External Professional or Non-Professional Users. to the $5,000 per month External Distributor Fees, the Exchange proposes External Distributor Fees. The Distributor Fee proposed for the BATS to charge those who receive the BATS Exchange proposes to charge those firms One Summary Feed. To ensure that One Feed from External Distributors that distribute the BATS One Feed vendors could compete with the different fees for both their Professional externally a fee of $5,000 per month for Exchange by creating the same product Users and Non-Professional Users. The the BATS One Summary Feed. As as the BATS One Feed and selling it to Exchange will assess a monthly fee for proposed, each External Distributor their clients, the Exchange proposes to Professional Users of $10.00 per User for shall pay a fee of $12,500 per month charge External Distributors an External receipt of the BATS One Summary Feed where they elect to receive the BATS Distributor fee that equals the combined or $15.00 per User who elects to also One Premium Feed. External Distributor fees for each of the receive the BATS One Premium Feed. The BATS One Feed is comprised of individual feeds listed above. Non-Professional Users will be assessed data included in EDGX Depth, EDGA The Exchange also proposes to a monthly fee of $0.25 per user for the Depth, BYX Depth, and BZX Depth.22 establish a New External Distributor BATS One Summary Feed or $0.50 per Currently, an External Distributor could Credit under which new External user where they elects to receive the create a competing product to the BATS Distributors of the BATS One Summary BATS One Premium Feed. Feed will not be charged a Distributor External Distributors must count 19 The Exchange notes that Distributor Fees as Fee for their first three (3) months in every Professional User and Non- well as the distinctions based on external versus order to allow them to enlist new Users Professional User to which they provide internal distribution have been previously filed to receive the BATS One Feed.27 The BATS One Feed data. Thus, the with the Commission by Nasdaq, Nasdaq OMX BX, New External Distributor Fee Credit will and Nasdaq OMX PSX. See Nasdaq Rule 7019(b); Distributor’s count will include every see also Securities Exchange Act Release No. 62876 not be available to External Distributors person and device that accesses the data (September 9, 2010), 75 FR 56624 (September 16, regardless of the purpose for which the 2010) (SR–PHLX–2010–120); Securities Exchange 23 Like the Exchange, an External Distributor individual or device uses the data.28 Act Release Nos. 62907 (September 14, 2010), 75 FR would also be able to create a competing product 57314 (September 20, 2010) (SR–NASDAQ–2010– to the BATS One Summary Feed from the data Distributors must report all Professional 110); 59582 (March 16, 2009), 74 FR 12423 (March received via EDGX Depth, EDGA Depth, BYX and Non-Professional Users in 24, 2009) (Order approving SR–NASDAQ–2008– Depth, and BZX Depth, without having to accordance with the following: 102); Securities Exchange Act Release No. 63442 separately purchase the top and last sale feeds from • In connection with an External (December 6, 2010), 75 FR 77029 (December 10, each of the BATS Exchanges. Distributor’s distribution of the BATS 2010) (SR–BX–2010–081). 24 The monthly External Distributor fee is $2,500 20 The Exchange notes that User fees as well as per month for EDGX Depth, $2,500 per month for One Feed, the Distributor should count the distinctions based on professional and non- EDGA Depth, $2,500 for BYX Depth, and $5,000 for as one User each unique User that the professional users have been previously filed with BZX Depth. Distributor has entitled to have access to or approved by the Commission by Nasdaq and the 25 See supra note 5. See also BATS Rule 11.22(d) the BATS One Feed. However, where a New York Stock Exchange, Inc. (‘‘NYSE’’). See and (g). device is dedicated specifically to a Securities Exchange Act Release Nos. 59582 (March 26 The monthly External Distributor fee is $1,250 16, 2009), 74 FR 12423 (March 24, 2009) (Order per month for EDGX Top and EDGX Last Sale (as single individual, the Distributor should approving SR–NASDAQ–2008–102). proposed herein), free for EDGA Top and EDGA 21 The Exchange notes that Enterprise fees have Last Sale, $1,250 for BYX Top and BYX Last Sale, 28 Requiring that every person or device to which been previously filed with or approved by the and $2,500 for BZX Top and BZX Last Sale. See they provide the data is counted by the Distributor Commission by Nasdaq, NYSE and the CTA/CQ SR–EDGA–2015–09 and SR–BYX–2015–09. See receiving the BATS One Feed is similar to the Plans. See Nasdaq Rule 7047. Securities Exchange also the BZX Fee Schedule available at http:// NYSE Unit-of-Count Policy. The only difference is Act Release Nos. 71507 (February 7, 2014), 79 FR www.batstrading.com/support/fee_schedule/bzx/. that the NYSE Unit-of-Count Policy requires the 8763 (February 13, 2014) (SR–NASDAQ–20140011); 27 The Exchange notes that just as a third party counting of users receiving a market data product 70211 (August 15, 2013), 78 FR 51781 (August 21, vendor could choose to offer special pricing in through both internal and external distribution. 2013) (SR–NYSE–2013–58); 70010 (July 19, 2013) order to incentivize data recipients to perform Because the Exchange proposes to charge Usage (File No. SR–CTA/CQ–2013–04). necessary development and other work in order to Fees solely to recipient firms who’s Users receive 22 See EDGA Rule 13.8, EDGX Rule 13.8, BZX receive and distribute a new data product, the data from an external distributor and not through Rule 11.22(a) and (c), and BYX Rule 11.22 (a) and Exchange has proposed pricing to incentivize data internal distribution, it only requires the counting (c) for a description of the depth of book feeds recipients to take and distribute the BATS One of Users by Distributors that disseminate the BATS offered by each of the BATS Exchanges. Feed. One Feed externally.

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count only the individual and need not Enterprise Fee, the recipient firm will underlying individual feed. As count the device. pay a flat fee of $50,000 for an unlimited discussed above, each Internal • The External Distributor should number of Professional and Non- Distributor that receives only the BATS identify and report each unique User. If Professional Users for the BATS One Summary Feed shall pay a fee of a User uses the same unique method to Summary Feed portion of the BATS One $10,000 per month, as compared to gain access to the BATS One Feed, the Feed. A recipient firm must pay a $5,000, which is the total of the Distributor should count that as one separate Enterprise Fee for each underlying feeds.30 Each Internal User. However, if a unique User uses External Distributor that controls Distributor shall pay a fee of $15,000 per multiple methods to gain access to the display of the BATS One Feed if it month where they elect to receive the BATS One Feed (e.g., a single User has wishes such User to be covered by an BATS One Premium Feed, as compared multiple passwords and user Enterprise Fee rather than by per-User to $12,500, which is the total cost of the identifications), the External Distributor fees. A recipient firms that pays the underlying depth feeds.31 The increased should report all of those methods as an Enterprise Fee will not have to report its cost of the BATS One Feed is designed individual User. number of such Users on a monthly to include the value of the aggregation • External Distributors should report basis. However, every six months, a and consolidation function the each unique individual person who recipient firm must provide the Exchange performs in creating the BATS receives access through multiple Exchange with a count of the total One Feed. Therefore, the Exchange does devices as one User so long as each number of natural person users of each not propose to charge Internal device is dedicated specifically to that product, including both Professional Distributors a separate Data individual. • and Non-Professional Users. The Consolidation Fee. If an External Distributor entitles Enterprise Fee would be in addition to 2. Statutory Basis one or more individuals to use the same the applicable Distributor Fee. device, the External Distributor should include only the individuals, and not Data Consolidation Fee The Exchange believes that the the device, in the count. proposed rule change is consistent with The Exchange also proposes to charge the objectives of Section 6 of the Act,32 Each External Distributor will receive External Distributors of the BATS One a credit against its monthly Distributor in general, and furthers the objectives of Feed a separate Data Consolidation Fee, Section 6(b)(4),33 in particular, as it is Fee for the BATS One Feed equal to the which reflects the value of the amount of its monthly Usage Fees up to designed to provide for the equitable aggregation and consolidation function a maximum of the Distributor Fee for allocation of reasonable dues, fees and the Exchange performs in creating the the BATS One Feed. For example, an other charges among its Members and BATS One Feed. As stated above, the External Distributor will be subject to a other persons using its facilities. The Exchange creates the BATS One Feed $12,500 monthly Distributor Fee where Exchange believes that the proposed from data derived from the EDGX they elect to receive the BATS One rates are equitable and non- Depth, EDGA Depth, BYX Depth, and Premium Feed. If that External discriminatory in that they apply BZX Depth.29 The Exchange notes that Distributor reports User quantities uniformly to all Members. The an External Distributor could create a totaling $12,500 or more of monthly Exchange believes the proposed fees are usage of the BATS One Premium Feed, competing product to the BATS One competitive with those charged by other it will pay no net Distributor Fee, Feed based on these individual data venues and, therefore, reasonable and whereas if that same External feeds, or, alternatively, the applicable equitably allocated to Members. Top and Last Sale products offered by Distributor were to report User Technical, Non-Substantive Changes quantities totaling $11,500 of monthly the Exchanges, and could charge its clients a fee that it believes reflects the usage, it will pay a net of $1,000 for the The Exchange believes that the non- value of the aggregation and Distributor Fee. External Distributors substantive changes to its fee schedule consolidation function. The Exchanges will remain subject to the per User fees are reasonable because they are [sic] believes that the incremental cost discussed above. In every case the designed to align with a previous name to a particular vendor for aggregation Exchange will receive at least $12,500 in change within Rule 13.8 and the naming can be supported by the vendor’s connection with the distribution of the convention of the Exchange’s other revenue opportunity and may be BATS One Feed (through a combination market data products: EDGX Depth, the inconsequential if such vendor already of the External Distribution Fee and per EDGX Top, and EDGX Last Sale. The has systems in place to perform these User Fees). Exchange notes that none of the functions as part of creating its Enterprise Fee. The Exchange also proposed non-substantive changes are proprietary market data products and is proposes to establish a $50,000 per designed to amend any fee, nor alter the able to allocate these costs over month Enterprise Fee that will permit a manner in which it assesses fees. These numerous products and customer recipient firm who receives the BATS non-substantive, technical changes to relationships. For these reasons, the Summary Feed portion of the BATS One the fee schedule are intended to make Exchange believes that vendors could Feed from an External Distributor to the fee schedule clearer and less readily offer a product similar to the receive the data for an unlimited confusing for investors and eliminate BATS One Feed on a competitive basis number of Professional and Non- potential investor confusion, thereby at a similar cost. Professional Users and $100,000 per removing impediments to and The Exchange does not propose to month for recipient firms who elect to perfecting the mechanism of a free and charge Internal Distributors the separate receive the BATS One Premium Feed. open market and a national market Data Consolidation Fee as the proposed For example, if a recipient firm had system, and, in general, protecting Internal Distributor Fees are greater than 15,000 Professional Users who each investors and the public interest. receive the BATS One Summary Feed the cost of subscribing to each of the

portion of the BATS One Feed at $10.00 30 29 See EDGA Rule 13.8, EDGX Rule 13.8, BZX See supra note 26. per month, then that recipient firm will Rule 11.22(a) and (c), and BYX Rule 11.22 (a) and 31 See supra note 24. pay $150,000 per month in Professional (c) for a description of the depth of book feeds 32 15 U.S.C. 78f. Users fees. Under the proposed offered by each of the BATS Exchanges. 33 15 U.S.C. 78f(b)(4).

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Definitions Applicable to Market Data reason, including due to an assessment purchase one or more of the individual Fees of the reasonableness of fees charged. data feeds offered by the BATS The Exchange believes that the Lastly, the Exchange also believes that Exchanges would be able to do so. proposed definitions are reasonable the proposed amendments to its fee The Exchange has taken into because they are designed to provide schedule are reasonable and non- consideration its affiliated relationship greater transparency to Members with discriminatory because it [sic] will with EDGA, BYX, and BZX in its design regard to how the Exchange assesses apply uniformly to all Members. of the BATS One Feed to assure that fees for market data. The Exchange BATS One Feed vendors would be able to offer a similar product on the same terms as the notes that none of the proposed The Exchange also believes that the definitions are designed to amend any Exchange from a cost perspective. While proposed fees for the BATS One Feed the BATS Exchanges are the exclusive fee, nor alter the manner in which it are consistent with Section 6(b) of the assesses fees. The Exchange believes distributors of the individual data feeds Act,36 in general, and Section 6(b)(4) of from which certain data elements may that Members would benefit from clear 37 the Act, in particular, in that it [sic] be taken to create the BATS One Feed, guidance in its fee schedule that they provide for an equitable allocation describes the manner in which the they are not the exclusive distributors of of reasonable fees among Users and the aggregated and consolidated Exchange would assess fees. These recipients of the data and are not definitions are intended to make the fee information that comprises the BATS designed to permit unfair One Feed. Any entity that receives, or schedule clearer and less confusing for discrimination among customers, investors and eliminate potential elects to receive, the individual data brokers, or dealers. The Exchange also feeds would be able to, if it so chooses, investor confusion, thereby removing believes that the proposed rule change impediments to and perfecting the to create a data feed with the same is consistent with Section 11(A) of the information included in the BATS One mechanism of a free and open market Act38 in that it supports (i) fair and a national market system, and, in Feed and sell and distribute it to its competition among brokers and dealers, clients so that it could be received by general, protecting investors and the among exchange markets, and between public interest. Lastly, the proposed those clients as quickly as the BATS exchange markets and markets other One Feed would be received by those definitions are based on existing rules of than exchange markets and (ii) the the Nasdaq Stock Market LLC same clients with no greater cost than availability to brokers, dealers, and 40 (‘‘Nasdaq’’).34 the Exchange. investors of information with respect to In addition, vendors and subscribers EDGX Top and EDGX Last Sale quotations for and transactions in that do not wish to purchase the BATS securities. Furthermore, the proposed The Exchange believes that its One Feed may separately purchase the rule change is consistent with Rule 603 proposed fees for EDGX Last Sale and individual underlying products, and if of Regulation NMS,39 which provides EDGX Top are consistent with Section they so choose, perform a similar that any national securities exchange 6(b)(4) of the Act 35 because they aggregation and consolidation function that distributes information with respect provide for an equitable allocation of that the Exchange performs in creating to quotations for or transactions in an reasonable dues, fees, and other charges the BATS One Feed. To enable such NMS stock do so on terms that are not among its members and other recipients competition, the Exchange is offering unreasonably discriminatory. In of Exchange data. The Exchange also the BATS One Feed on terms that a adopting Regulation NMS, the believes the proposed fees for EDGX subscriber of those underlying feeds Commission granted self-regulatory Last Sale and EDGX Top are reasonable could offer a competing product if it so organizations and broker-dealers and equitable in light of the benefits to chooses. increased authority and flexibility to data recipients. To the extent consumers The Exchange notes that the use of the offer new and unique market data to the do purchase the data products, the BATS One Feed is entirely optional. public. It was believed that this revenue generated will offset the Firms have a wide variety of alternative authority would expand the amount of Exchange’s fixed costs of operating and market data products from which to data available to consumers, and also regulating a highly efficient and reliable choose, including the Exchanges’ own spur innovation and competition for the platform for the trading of U.S. equities. underlying data products, the Nasdaq provision of market data. and the NYSE proprietary data products It will also help the Exchange cover its In addition, the proposed fees would described in this filing,41 and costs in developing and running that not permit unfair discrimination consolidated data. Moreover, the platform, as well as ongoing because all of the Exchange’s customers Exchange is not required to make any infrastructure costs. EDGX Last Sale and and market data vendors will be subject proprietary data products available or to EDGX Top would be distributed and to the proposed fee structure on an offer any specific pricing alternatives to purchased on a voluntary basis, in that equivalent basis. The BATS One Feed any customers. neither the Exchanges nor market data would be distributed and purchased on In addition, the fees that are the distributors are required by any rule or a voluntary basis, in that neither the subject of this rule filing are constrained regulation to make this data available. BATS Exchanges nor market data by competition. As explained below in Accordingly, Distributors and Users can distributors are required by any rule or the Exchange’s Statement on Burden on discontinue use at any time and for any regulation to make this data available. Competition, the existence of Accordingly, Distributors and Users can 34 The proposed definition of ‘‘Distributor’’ is similar to Nasdaq Rule 7047(d)(1). The proposed discontinue use at any time and for any 40 See BATS One Approval Order, supra note 13. definition of ‘‘Internal Distributor’’ is similar to reason, including due to an assessment The Exchange notes that a vendor can obtain the Nasdaq Rule 7047(d)(1)(A). The proposed definition of the reasonableness of fees charged. In underlying depth-of-book feeds as well as EDGX of ‘‘External Distributor’’ is similar to Nasdaq Rule addition, any customer that wishes to Top, EDGX Last Sale, EDGA Top, EDGA Last Sale, 7047(d)(1)(B). The proposed definition of BZX Top, BZX Last Sale, BYX Top and BYX Last ‘‘Professional User’’ is similar to Nasdaq Rule Sale on the same latency basis as the Exchange 7047(d)(3)(A). The proposed definition of ‘‘Non- 36 15 U.S.C. 78f. would receive the underlying depth-of-book feeds Professional User’’ is similar to Nasdaq Rule 37 15 U.S.C. 78f(b)(4). necessary to create the BATS One Feed, including 7047(d)(3)(B). 38 15 U.S.C. 78k–1. the BATS One Summary Feed. Id. 35 15 U.S.C. 78f(b)(4). 39 See 17 CFR 242.603. 41 See infra note 55.

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alternatives to the BATS One Feed reasonable, equitable, and not unfairly offer an enterprise license for non- further ensures that the Exchange discriminatory. professional users. The Exchange’s cannot set unreasonable fees, or fees User Fees. The Exchange believes that proposed per-User Fees are lower than that are unreasonably discriminatory, implementing the Professional and Non- the NYSE’s and Nasdaq’s fees. In when vendors and subscribers can elect Professional User fees for the BATS One addition, the Exchange is proposing such alternatives. That is, the Exchange Feed is reasonable because it will make Professional and Non-Professional User competes with other exchanges (and the product more affordable and result fees and Enterprise Fees that are less their affiliates) that provide similar in greater availability to Professional than the fees currently charged by the market data products. If another and Non-Professional Users. Moreover, CTA and CQ Plans. Under the CTA and exchange (or its affiliate) were to charge introducing a modest Non-Professional CQ Plans, Tape A consolidated last sale less to consolidate and distribute its User fee for the BATS One Feed is and bid-ask data are offered together for similar product than the Exchange reasonable because it provides an a monthly fee of $20-$50 per device, charges to consolidate and distribute the additional method for retail investors to depending on the number of BATS One Feed, prospective Users access the BATS One Feed data by professional subscribers, and $1.00 per likely would not subscribe to, or would providing the same data that is available non-professional subscriber, depending cease subscribing to, the BATS One to Professional Users. The Exchange on the number of non-professional Feed. In addition, the Exchange would believes that the proposed fees are subscribers.45 A monthly enterprise fee compete with unaffiliated market data equitable and not unfairly of $686,400 is available under which a vendors who would be in a position to discriminatory because they will be U.S. registered broker-dealer may consolidate and distribute the same data charged uniformly to recipient firms distribute data to an unlimited number that comprises the BATS One Feed into and Users. The fee structure of of its own employees and its non- the vendor’s own comparable market differentiated Professional and Non- professional subscriber brokerage data product. If the third-party vendor is Professional fees has long been used by account customers. Finally, in contrast able to provide the exact same data for other exchanges for their proprietary to Nasdaq UTP and the CTA and CQ a lower cost, prospective Users would data products, and by the Nasdaq UTP Plans, the Exchange also will permit avail themselves of that lower cost and and the CTA and CQ Plans in order to enterprise distribution by a non-broker- elect not to take the BATS One Feed. reduce the price of data to retail dealer. The Exchange notes that the investors and make it more broadly Enterprise Fee. The proposed Commission is not required to available.43 Offering the BATS One Feed Enterprise Fee for the BATS One Feed undertake a cost-of-service or to Non-Professional Users with the same is reasonable as the fee proposed is less ratemaking approach. The Exchange data available to Professional Users than the enterprise fees currently believes that, even if it were possible as results in greater equity among data charged for underlying data feeds for a matter of economic theory, cost-based recipients. NYSE BQT, Nasdaq Basic, and pricing for non-core market data would In addition, the proposed fees are consolidated data distributed under the be so complicated that it could not be Nasdaq UTP and the CTA and CQ Plans. 42 reasonable when compared to fees for done practically. comparable products offered by the In addition, the Enterprise Fee could For these reasons, the Exchange NYSE, Nasdaq, and under the CTA and result in a fee reduction for recipient believes that the proposed fees are CQ Plans. Specifically, Nasdaq offers firms with a large number of Professional and Non-Professional 42 The Exchange believes that cost-based pricing Nasdaq Basic, which includes best bid would be impractical because it would create and offer and last sale data for Nasdaq Users. If a recipient firm has a smaller enormous administrative burdens for all parties, and the FINRA/Nasdaq TRF, for a number of Professional Users of the including the Commission, to cost-regulate a large monthly fee of $26 per professional BATS One Feed, then it may continue number of participants and standardize and analyze using the per User structure and benefit extraordinary amounts of information, accounts, subscriber and $1 per non-professional and reports. In addition, it is impossible to regulate subscriber; alternatively, a broker-dealer from the per User Fee reductions. By market data prices in isolation from prices charged may purchase an enterprise license at a reducing prices for recipient firms with by markets for other services that are joint products. rate of $350,000 per month for internal a large number of Professional and Non- Cost-based rate regulation would also lead to Professional Users, the Exchange litigation and may distort incentives, including distribution to an unlimited number of those to minimize costs and to innovate, leading to professional users or $365,000 per believes that more firms may choose to further waste. Under cost-based pricing, the month for external distribution for up to receive and to distribute the BATS One Commission would be burdened with determining Feed, thereby expanding the a fair rate of return, and the industry could 16,000 professional users, plus $2 for experience frequent rate increases based on each additional professional user over distribution of this market data for the escalating expense levels. Even in industries 16,000.44 The NYSE offers BQT, which benefit of investors. historically subject to utility regulation, cost-based provides BBO and last sale information The Exchange further believes that the ratemaking has been discredited. As such, the proposed Enterprise Fee is reasonable Exchange believes that cost-based ratemaking for the NYSE, NYSE Arca, and NYSE would be inappropriate for proprietary market data MKT. To obtain BQT, subscribers must because it will simplify reporting for and inconsistent with Congress’s direction that the purchase the [sic] each underlying data certain recipients that have large Commission use its authority to foster the feed for a monthly fee of $18 per numbers of Professional and Non- development of the national market system, and Professional Users. Firms that pay the that market forces will continue to provide professional subscriber and $1 per non- appropriate pricing discipline. See Appendix C to professional subscriber; alternatively, a proposed Enterprise Fee will not have to NYSE’s comments to the Commission’s 2000 broker-dealer may purchase an report the number of Users on a Concept Release on the Regulation of Market monthly basis as they currently do, but Information Fees and Revenues, which can be enterprise license at a rate of $365,000 found on the Commission’s Web site at http:// per month for an unlimited number of rather will only have to count natural www.sec.gov/rules/concept/s72899/buck1.htm. See professional users. The NYSE does not person users every six months, which is also Securities Exchange Act Release No. 73816 a significant reduction in administrative (December 11, 2014), 79 FR 75200 (December 17, 43 burden. Finally, the Exchange believes 2014) (SR–NYSE–2014–64) (Notice of Filing and See, e.g., Securities Exchange Act Release No. Immediate Effectiveness of Proposed Rule Change 20002, File No. S7–433 (July 22, 1983) (establishing to Establish an Access Fee for the NYSE Best Quote nonprofessional fees for CTA data); Nasdaq Rules 45 See CTA Plan dated September 9, 2013 and CQ and Trades Data Feed, Operative December 1, 7023(b), 7047. Plan dated September 9, 2013, available at https:// 2014). 44 See Nasdaq Rule 7047. cta.nyxdata.com/CTA.

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that it is equitable and not unfairly distributor fees for these individual designed to permit unfair discriminatory to establish an Enterprise depth of book feeds of the BATS discrimination because all External Fee because it reduces the Exchange’s Exchanges is $12,500 per month,50 Distributor who subscribe to the BATS costs and the Distributor’s equal to the $12,500 per month External One Feed will be charged the same fee. administrative burdens in tracking and Distributor Fee proposed for the BATS The Exchange believes it is reasonable auditing large numbers of users. One Premium Feed. An External and not unfairly discriminatory to not Distributor Fee. The Exchange Distributor that seeks to create a charge Internal Distributor a separate believes that the proposed Distributor competing product to the BATS One Data Consolidation Fee as the proposed Fees are also reasonable, equitably Summary Feed could alternatively Internal Distributor Fees are greater than allocated, and not unreasonably subscribe to EDGX Top, EDGX Last Sale, the cost of subscribing to each of the discriminatory. The fees for Members EDGA Top, EDGA Last Sale, BZX Top, underlying individual feed. As and non-Members are uniform except BZX Last Sale, BYX Top, and BYX Last discussed above, each Internal with respect to reasonable distinctions Sale, and then perform their own Distributor that receives only the BATS with respect to internal and external aggregation and consolidation function. One Summary Feed shall pay a fee of 46 distribution. The Exchange believes The combined external distributor fees $10,000 per month as compared to that the Distributor Fees for the BATS for these individual data feeds of the $5,000, which is the total of the One Feed are reasonable and fair in light BATS Exchanges is $5,000 per month,51 underlying feeds.53 Each Internal of alternatives offered by other market equal to the $5,000 per month External Distributor shall pay a fee of $15,000 per centers. First, although the Internal Distributor Fee proposed for the BATS month where they elect to receive the Distributor fee is higher than those of One Summary Feed. In addition, the BATS One Premium Feed as compared competitor products, there are no User Exchange believes it is reasonable to not to $12,500, which is the total cost of the fees assessed for Users that receive the charge External Distributors a underlying depth feeds.54 The increased BATS One Feed data through an Distribution Fee during their first three cost of the BATS One Feed is designed Internal Distributor, which results in a (3) months and does not believe this to include the value of the aggregation net cost that is lower than competitor would inhibit a vendor from creating a and consolidation function the products for many data recipients and competing product and offer a similar Exchange performs in creating the BATS will be easier to administer. free period as the Exchange. One Feed. Therefore, the Exchange The proposed Distributor Fees for the Specifically, a vendor seeking to create believes the proposed application of the BATS One Feed are also designed to the BATS One Summary Feed could do Data Consolidation Fee is reasonable ensure that vendors could compete with so by subscribing to EDGX Top, EDGX would not permit unfair discrimination. the Exchange by creating a similar Last Sale, EDGA Top, EDGA Last Sale, product as the BATS One Feed. The BZX Top, BZX Last Sale, BYX Top and In addition, a vendor could create a Exchange believes that the proposed BYX Last Sale, all of which are either competing product based on the Distributor Fees are equitable and free or also include a New External individual data feeds and charge its reasonable as it [sic] equals the Distributor Credit identical to that clients a fee that it believes reflects the combined fee of subscribing to each proposed for the BATS One Summary value of the aggregation and individual data feed of the BATS Feed. As a result, a competing vendor consolidation function that is Exchanges, which have been previously would incur similar costs as the competitive with the BATS One Feed published by the Commission.47 Exchange in offering such free period pricing. The Exchanges believes that the Currently, an External Distributor that for a competing product and may do so incremental cost to a particular vendor seeks to create a competing product to on the same terms as the Exchange. for aggregation can be supported by the the BATS One Premium Feed 48 would vendor’s revenue opportunity and may need to purchase each of the depth of Data Consolidation Fee be inconsequential if such vendor book products from the individual The Exchange believes that the already has systems in place to perform BATS Exchanges and then perform its proposed $1,000 per month Data these functions as part of creating its own aggregation and consolidation Consolidation Fee charged to External proprietary market data products and is functions.49 The combined external Distributors who receive the BATS One able to allocate these costs over Feed is reasonable because it represents numerous products and customer 46 The Exchange notes that distinctions based on the value of the data aggregation and relationships. Therefore, the Exchange external versus internal distribution have been consolidation function that the believes the proposed pricing would previously filed with the Commission by Nasdaq, Nasdaq OMX BX, and Nasdaq OMX PSX. See Exchange performs. The Exchange also enable a vendor to create a competing Nasdaq Rule 019(b); see also Securities Exchange notes that its proposed $1,000 per product based on the individual data Act Release No. 62876 (September 9, 2010), 75 FR month Data Consolidation Fee is feeds and charge its clients a fee that it 56624 (September 16, 2010) (SR–PHLX–2010–120); identical to an access fee charged by the believes reflects the value of the Securities Exchange Act Release No. 62907 (September 14, 2010), 75 FR 57314 (September 20, NYSE for BQT, which is also designed aggregation and consolidation function 2010) (SR–NASDAQ–2010–110); Securities to represent the value of the data that is competitive with BATS One Feed Exchange Act Release No. 63442 (December 6, aggregation function provided by the pricing as discussed further below. 2010), 75 FR 77029 (December 10, 2010) (SR–BX– NYSE in constructing it BQT feed.52 2010–081). The Exchange further believes the B. Self-Regulatory Organization’s 47 See supra notes 15 and 16. proposed Data Consolidation Fee is not Statement on Burden on Competition 48 Like the Exchange, an External Distributor would also be able to create a competing product The Exchange does not believe that to the BATS One Summary Feed from the data 50 See supra note 24. received via EDGX Depth, EDGA Depth, BYX 51 See supra note 26. the proposed rule change will result in Depth, and BZX Depth, without having to 52 See Securities Exchange Act Release No. 73816 any burden on competition that is not separately purchase the top and last sale feeds from (December 11, 2014), 79 FR 75200 (December 17, necessary or appropriate in furtherance each of the BATS Exchanges. 2014) (SR–NYSE–2014–64) (Notice of Filing and of the purposes of the Act, as amended. 49 As discussed, the Exchange proposes to charge Immediate Effectiveness of Proposed Rule Change External Distributors a separate Data Consolidation to Establish an Access Fee for the NYSE Best Quote Fee to reflect the value of the consolidation and Trades Data Feed, Operative December 1, 53 See supra note 26. function performed by the Exchange. 2014). 54 See supra note 24.

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Technical, Non-Substantive Changes networks, with quotes posted in BATS One Feed The proposed name changes to FINRA’s Alternative Display Facility, The BATS One Feed will enhance EdgeBook and Depth and EdgeBook with alternative trading systems, and competition because it not only Attributed will not result in any burden with securities firms that primarily provides content that is competitive on competition. The proposed trade as principal with their customer with the similar products offered by amendments are not designed to address order flow. other exchanges, but will provide and competitive issues, but rather In addition, EDGX Last Sale and pricing that is competitive as well. The provide consistency amongst the EDGX Top compete with a number of BATS One Feed provides investors with naming conventions used for the alternative products. For instance, an alternative option for receiving Exchange market data products, EDGX Last Sale and EDGX Top do not market data and competes directly with resulting in additional clarity and provide a complete picture of all trading similar market data products currently transparency to Members, Users, and activity in a security. Rather, the other offered by the NYSE and Nasdaq.55 As the investing public regarding the national securities exchanges, the previously stated, the fees for the BATS Exchange’s market data products. The several TRFs of FINRA, and Electronic One Feed are significantly lower than Exchange notes that none of the Communication Networks (‘‘ECN’’) that alternative exchange products. The proposed non-substantive changes are produce proprietary data all produce BATS One Feed is less expensive per designed to amend any fee, nor alter the trades and trade reports. Each is professional user and more than 85% manner in which it assesses fees. These currently permitted to produce last sale less expensive for an enterprise license non-substantive, technical changes to information products, and many for professional users (50% less for non- the fee schedule are intended to make currently do, including Nasdaq and professional users) when compared to a the fee schedule clearer and less NYSE. In addition, market participants similar competitor exchange product, confusing for investors and eliminate can gain access to EDGX last sale prices offering firms a lower cost alternative potential investor confusion. and top-of-book quotations though for similar content. Although the BATS Exchanges are the Definitions Applicable to Market Data integrated with the prices of other exclusive distributors of the individual Fees markets on feeds made available through the SIPs. data feeds from which certain data The proposed definitions applicable elements would be taken to create the In sum, the availability of a variety of to market data fees will not result in any BATS One Feed, the Exchange would alternative sources of information burden on competition. The proposed not be the exclusive distributor of the imposes significant competitive definitions are not designed to amend aggregated and consolidated pressures on Exchange data products any fee, nor alter the manner in which information that would compose the and the Exchange’s compelling need to it assesses fees. The Exchange believes proposed BATS One Feed. Any entity attract order flow imposes significant that Members would benefit from clear that receives, or elects to received, the competitive pressure on the Exchange to guidance in its fee schedule that underlying data feeds would be able to, act equitably, fairly, and reasonably in describes the manner in which the if it so chooses, to create a data feed setting the proposed data product fees. Exchange would assess fees for market with the same information included in The proposed data product fees are, in data. These definitions are intended to the BATS One Feed and sell and part, responses to that pressure. The make the Fee Schedule clearer and less distribute it to its clients so that it could Exchange believes that the proposed confusing for investors and are not be received by those clients as quickly fees would reflect an equitable designed to have a competitive impact. as the BATS One Feed would be allocation of its overall costs to users of received by those same clients and at a EDGX Top and EDGX Last Sale its facilities. similar cost.56 The Exchange does not believe that In addition, when establishing the The proposed pricing the Exchange the proposed rule change will result in proposed fees, the Exchange considered would charge clients for the BATS One any burden on competition that is not the competitiveness of the market for Feed compared to the cost of the necessary or appropriate in furtherance proprietary data and all of the of the purposes of the Act, as amended. implications of that competition. The 55 See Nasdaq Basic, http:// The Exchange’s ability to price EDGX Exchange believes that it has considered www.nasdaqtrader.com/ Last Sale and EDGX Top are constrained all relevant factors and has not Trader.aspx?id=nasdaqbasic (last visited May 29, 2014) (data feed offering the BBO and Last Sale by: (i) Competition among exchanges, considered irrelevant factors in order to information for all U.S. exchange-listed securities other trading platforms, and Trade establish fair, reasonable, and not based on liquidity within the Nasdaq market center, Reporting Facilities (‘‘TRF’’) that unreasonably discriminatory fees and an as well as trades reported to the FINRA/Nasdaq compete with each other in a variety of equitable allocation of fees among all Trade Reporting Facility (‘‘TRF’’)); Nasdaq NLS Plus, http://www.nasdaqtrader.com/ dimensions; (ii) the existence of Users. The existence of alternatives to Trader.aspx?id=NLSplus (last visited July 8, 2014) inexpensive real-time consolidated data EDGX Last Sale and EDGX Top, (data feed providing last sale data as well as and market-specific data and free including existing similar feeds by other consolidated volume from the following Nasdaq delayed data; and (iii) the inherent exchanges, consolidated data, and OMX markets for U.S. exchange-listed securities: Nasdaq, FINRA/Nasdaq TRF, Nasdaq OMX BX, and contestability of the market for proprietary data from other sources, Nasdaq OMX PSX); Securities Exchange Act proprietary data. ensures that the Exchange cannot set Release No. 73553 (November 6, 2014), 79 FR 67491 The Exchange and its market data unreasonable fees, or fees that are (November 13, 2014) (SR–NYSE–2014–40) (Notice products are subject to significant unreasonably discriminatory, when of Amendment No. 1 and Order Granting Accelerated Approval to a Proposed Rule Change, competitive forces and the proposed vendors and subscribers can elect these as Modified by Amendment No.1, To Establish the fees represent responses to that alternatives or choose not to purchase a NYSE Best Quote & Trades (‘‘BQT’’) Data Feed); competition. To start, the Exchange specific proprietary data product if its http://www.nyxdata.com/Data-Products/NYSE- competes intensely for order flow. It cost to purchase is not justified by the Best-Quote-and-Trades (last visited May 27, 2014) (data feed providing unified view of BBO and last competes with the other national returns any particular vendor or sale information for the NYSE, NYSE Arca, and securities exchanges that currently trade subscriber would achieve through the NYSE MKT). equities, with electronic communication purchase. 56 See BATS One Approval Order, supra note 13.

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individual data feeds from the BATS the incremental cost to a particular C. Self-Regulatory Organization’s Exchanges would enable a vendor to vendor for aggregation can be supported Statement on Comments on the receive the underlying data feeds and by the vendor’s revenue opportunity Proposed Rule Change Received From offer a similar product on a competitive and may be inconsequential if such Members, Participants or Others basis and with no greater cost than the vendor already has systems in place to The Exchange has neither solicited Exchange. The pricing the Exchange perform these functions as part of nor received written comments on the would charge for the BATS One Feed creating its proprietary market data proposed rule change. would not be lower than the cost to a products and is able to allocate these III. Date of Effectiveness of the vendor of receiving the underlying data costs over numerous products and Proposed Rule Change and Timing for feeds. The pricing the Exchange would customer relationships. For these Commission Action charge clients for the BATS One Feed reasons, the Exchange believes the compared to the cost of the individual proposed pricing, including the New The foregoing rule change has become data feeds from the BATS Exchanges External Distributor Fee Credit, would effective pursuant to Section would enable a vendor to receive the 60 enable a vendor to create a competing 19(b)(3)(A)(ii) of the Act and underlying data feeds and offer a similar product based on the individual data paragraph (f)(2) of Rule 19b–4 product on a competitive basis and with 61 feeds and charge its clients a fee that it thereunder. At any time within 60 no greater cost than the Exchange. The days of the filing of the proposed rule believes reflects the value of the Distributor Fees that the Exchange change, the Commission summarily may aggregation and consolidation function intends to propose for the BATS One temporarily suspend such rule change if Feed would not be less than the that is competitive with BATS One Feed it appears to the Commission that such combined fee of subscribing to each pricing. action is necessary or appropriate in the individual data feed.57 In addition, the Finally, the Exchange notes that there public interest, for the protection of Exchange believes that not charging is already actual competition for investors, or otherwise in furtherance of External Distributors a Distribution Fee products similar to the BATS One Feed. the purposes of the Act. during their first three (3) months would The NYSE offers BQT which provides IV. Solicitation of Comments not impede a vendor from creating a BBO and last sale information for the competing product. Specifically, a NYSE, NYSE Arca Equities, Inc. and Interested persons are invited to vendor seeking to create the BATS One NYSE MKT LLC.58 Nasdaq already submit written data, views, and Summary Feed could do so by offers Nasdaq Basic, a filed market data arguments concerning the foregoing, subscribing to EDGX Top, EDGX Last product, and through its affiliate, offers including whether the proposed rule Sale, EDGA Top, EDGA Last Sale, BZX NLS Plus which provides a unified view change is consistent with the Act. Top, BZX Last Sale, BYX Top and BYX Comments may be submitted by any of of last sale information similar to the Last Sale, all of which are either free or the following methods: BATS One Feed.59 The existence of also include a New External Distributor Electronic Comments Credit identical to that proposed for the these competing data products BATS One Summary Feed. As a result, demonstrates that there is ample, • Use the Commission’s Internet a competing vendor would incur similar existing competition for products such comment form (http://www.sec.gov/ costs as the Exchange in offering such as the BATS One Feed and the fees rules/sro.shtml); or free period and offer a competing associated by such products is • Send an email to rule-comments@ product on a similar basis as the constrained by competition. sec.gov. Please include File Number SR– Exchange. In establishing the proposed fees, the EDGX–2015–09 on the subject line. The Exchange further believes that its Exchange considered the Paper Comments proposed monthly Data Consolidation competitiveness of the market for • Send paper comments in triplicate Fee would be pro-competitive because it proprietary data and all of the to Secretary, Securities and Exchange is identical to a similar fee charged by implications of that competition. The the NYSE for its BQT feed and a vendor Commission, 100 F Street NE., Exchange believes that it has considered Washington, DC 20549–1090. could create a competing product, all relevant factors and has not All submissions should refer to File perform a similar aggregating and considered irrelevant factors in order to Number SR–EDGX–2015–09. This file consolidating function, and similarly establish fair, reasonable, and not number should be included on the charge for such service. The Exchange unreasonably discriminatory fees and an notes that a competing vendor might subject line if email is used. To help the equitable allocation of fees among all engage in a different analysis of Commission process and review your users. The existence of alternatives to assessing the cost of a competing comments more efficiently, please use the BATS One Feed, including the product. The Exchanges believes that only one method. The Commission will existing underlying feeds, consolidated post all comments on the Commission’s data, and proprietary data from other 57 The combined external distribution fee for the Internet Web site (http://www.sec.gov/ individual depth of book data feeds of the BATS sources, ensures that the Exchange rules/sro.shtml). Copies of the Exchanges is $12,500 per month. The monthly cannot set unreasonable fees, or fees submission, all subsequent External Distributor fee is $2,500 per month for the that are unreasonably discriminatory, EDGX Depth, $2,500 per month for the EDGA amendments, all written statements Depth, $2,500 for BYX Depth, and $5,000 for BZX when vendors and subscribers can elect with respect to the proposed rule Depth. The combined external distribution fee for these alternatives or choose not to change that are filed with the the individual top and last sale data feed of the purchase a specific proprietary data Commission, and all written BATS Exchanges is $5,000 per month. The monthly product if its cost to purchase is not External Distributor fee is $1,250 per month for communications relating to the EDGX Top and EDGX Last Sale, free for EDGA Top justified by the returns any particular proposed rule change between the and EDGA Last Sale, $1,250 for BYX Top and BYX vendor or subscriber would achieve Commission and any person, other than Last Sale, and $2,500 for BZX Top and BZX Last through the purchase. those that may be withheld from the Sale. See SR–EDGA–2015–09 and SR–BYX–2015– 09. See also the BZX Fee Schedule available at http://www.batstrading.com/support/fee_schedule/ 58 See supra note 55. 60 15 U.S.C. 78s(b)(3)(A)(ii). bzx/ 59 Id. 61 17 CFR 240.19b–4(f)(2).

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public in accordance with the I. Self-Regulatory Organization’s would benefit from such price provisions of 5 U.S.C. 552, will be Statement of the Terms of Substance of discovery. The Exchange further available for Web site viewing and the Proposed Rule Change believes that providing the Exchange printing in the Commission’s Public The Exchange proposes to adopt new with the ability to designate which Reference Room, 100 F Street NE., Rule 124 to conduct a daily single- stocks within those parameters are Washington, DC 20549, on official priced auction at a specified time in eligible for the Midday Auction is business days between the hours of lower-volume securities (‘‘Midday appropriate because it would provide 10:00 a.m. and 3:00 p.m. Copies of the Auction’’) and amend Rule 104 to codify the Exchange with the ability to add or filing also will be available for the obligation of Designated Market remove stocks depending on the inspection and copying at the principal Makers (‘‘DMM’’) to facilitate the individual trading characteristics of a office of EDGX. All comments received Midday Auction. The text of the stock. As proposed, the Exchange would will be posted without change; the proposed rule change is available on the update the list of Midday Auction Stocks at least quarterly.5 Commission does not edit personal Exchange’s Web site at www.nyse.com, at the principal office of the Exchange, The Exchange proposes to conduct identifying information from one Midday Auction in each Midday submissions. You should submit only and at the Commission’s Public Reference Room. Auction Stock per trading day.6 The information that you wish to make Midday Auction would not be available publicly. All submissions II. Self-Regulatory Organization’s conducted on trading days the Exchange should refer to File Number SR–EDGX– Statement of the Purpose of, and is scheduled to close before 4:00 p.m. 2015–09 and should be submitted on or Statutory Basis for, the Proposed Rule ET or if the security is halted, paused, before March 16, 2015. Change suspended, or not opened for trading at 7 For the Commission, by the Division of In its filing with the Commission, the the time of the Midday Auction. For Trading and Markets, pursuant to delegated self-regulatory organization included example, if during the pause preceding authority.62 statements concerning the purpose of, the Midday Auction (described below), and basis for, the proposed rule change a pause pursuant to the Plan to Address Brent J. Fields, and discussed any comments it received Extraordinary Market Volatility (‘‘LULD on the proposed rule change. The text Plan’’) 8 or regulatory halt were Secretary. of those statements may be examined at triggered, the Exchange would not [FR Doc. 2015–03538 Filed 2–20–15; 8:45 am] the places specified in Item IV below. conduct a Midday Auction and instead BILLING CODE 8011–01–P The Exchange has prepared summaries, would reopen the security pursuant to set forth in sections A, B, and C below, the procedures for reopening following of the most significant parts of such a LULD Plan pause or regulatory halt. SECURITIES AND EXCHANGE statements. Beginning at a time specified by the COMMISSION Exchange between 11 a.m. ET and 2 A. Self-Regulatory Organization’s p.m. ET,9 the Exchange would pause Statement of the Purpose of, and the [Release No. 34–74281; File No. SR–NYSE– trading on the Exchange only in the Statutory Basis for, the Proposed Rule 2015–06] Change Midday Auction Stocks for five minutes in order to provide market participants Self-Regulatory Organizations; New 1. Purpose with an opportunity to enter interest York Stock Exchange LLC; Notice of The Exchange proposes to adopt new intended for the auction (the ‘‘Midday Filing of Proposed Rule Change Rule 124 to conduct a daily Midday Auction Pause’’).10 During the Midday Adopting New Rule 124 to Conduct a Auction and amend Rule 104 to reflect Auction Pause, the Exchange would Midday Auction and Amending Rule that the DMM’s obligation to facilitate suspend automatic executions and 104 to Codify the Obligation of reopenings includes the Midday publish a zero quote on both the public Designated Market Makers to Facilitate Auction. and proprietary data feeds.11 the Midday Auction The Exchange proposes to adopt new Rule 124 to conduct a Midday Auction 5 See Proposed Rule 124(a)(1). February 17, 2015. in a subset of NYSE-listed securities that 6 See Proposed Rule 124(a)(3). 7 See Proposed Rule 124(a)(2). 1 have a consolidated average daily Pursuant to section 19(b)(1) of the 8 See Securities Exchange Act Release No. 67091 Securities Exchange Act of 1934 trading volume (‘‘CADV’’) of 1,000,000 (May 31, 2012), 77 FR 33498 (June 6, 2012) (File (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 shares or less and have been designated no. 4–631). notice is hereby given that on February by the Exchange (the ‘‘Midday Auction 9 The Exchange proposes to specify the time of the Midday Auction Pause by Trader Update. 2, 2015, New York Stock Exchange LLC Stocks’’). The Midday Auction is intended to consolidate volume, 10 See Proposed Rule 124(b). Under Rule (‘‘NYSE’’ or ‘‘Exchange’’) filed with the including orders of larger blocks of 104(a)(1)(B)(ii), the DMM’s quoting obligations are Securities and Exchange Commission suspended during a trading pause and do not re- stock, for price discovery purposes in (‘‘Commission’’) the proposed rule commence until after the first regular way lower-volume securities to provide transaction on the primary listing market in the change as described in Items I and II market participants with a single-priced security following such pause. The Exchange below, which Items have been prepared execution intraday to supplement the believes that DMMs would also be relieved of their quoting obligations pursuant to Rule 104(a)(1)(B)(ii) by the self-regulatory organization. The 4 existing opening and closing auctions. during the Midday Auction Pause. Commission is publishing this notice to The Exchange believes the proposed 11 See id. Because the Midday Auction would be solicit comments on the proposed rule parameters for which stocks would be intended to occur daily at the same time in change from interested persons. eligible to participate is reasonably specified securities, the Exchange believes that the publication of a zero quote condition would signal designed to include those stocks that to the market that the Midday Auction Pause has 62 17 CFR 200.30–3(a)(12). begun. The Exchange therefore does not propose, 4 The Exchange notes that NYSE-listed securities nor does it believe it necessary, to disseminate an 1 15 U.S.C.78s(b)(1). with a CADV of 1,000,000 shares or less represent indication over the Consolidated Quote System or 2 15 U.S.C. 78a. approximately 16 percent of the consolidated Consolidated Tape that a security is in a Midday 3 17 CFR 240.19b–4. volume of all NYSE-listed securities. Auction Pause.

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In order to maximize the interest conducting the Midday Auction either interest that is eligible to participate in eligible to participate in the Midday manually or electronically, as provided the Midday Auction. Auction, during the Midday Auction for in Rule 123D(1).19 Rule 104(a)(2) sets Because the Midday Auction is Pause, the Exchange would maintain forth the DMM’s obligation to facilitate intended to be conducted the same as a resting orders on the Exchange’s book openings and reopenings for each of the reopening pursuant to Rule 123D that are eligible to participate in a securities in which the DMM is (except as provided for in the two reopening.12 The Exchange would also registered as required under Exchange exceptions), the Exchange proposes to accept new orders that are eligible to rules, which may include providing specify that orders would participate in participate in the Midday Auction.13 liquidity as needed. To specify that the the Midday Auction in the same manner The Exchange notes that Market-on- DMM has a similar obligation for the that such orders would participate in Open (‘‘MOO’’) and Limit-on-Open Midday Auction, the Exchange proposes openings or reopenings. The Exchange (‘‘LOO’’) Orders, which are existing to amend Rule 104(a)(2) by adding the further proposes to specify that orders order types available for openings and clause ‘‘including the Midday Auction’’ that are not eligible to participate in reopenings, would be accepted during following ‘‘reopenings.’’ openings or reopenings pursuant to the Midday Auction Pause. The The first proposed exception to Rule Exchange rule would not participate in Exchange would also accept and process 123D is based on the manner that the the Midday Auction.23 cancellations of new and resting orders Exchange reopens securities following a Generally, the Exchange expects that 14 during the Midday Auction Pause, LULD Plan pause, as set forth in Rule DMMs would facilitate the Midday which is how the Exchange processes 80C(b)(2)(A). As currently the case for Auction electronically as close to the orders during a trading halt or LULD reopenings pursuant to Rule end of the Midday Auction Pause as Plan pause. 80C(b)(2)(A), the Exchange proposes feasible. However, if there is a Because a Midday Auction Stock that for Midday Auctions, indications significant imbalance or Floor broker would be paused on the Exchange only, may be published to the Consolidated crowd interest, the DMM would have during the Midday Auction Pause, the Tape, but they are not required. In the ability, as is the case today with all Exchange proposes to continue re- addition, prior Floor Official approval is Exchange auctions, to manually conduct pricing sell short orders, including not required and if an indication is the Midday Auction to provide greater MOO and LOO Orders, consistent with published, it would not need to be opportunity for equilibrium in any Rule 440B(e) (Short Sales).15 The updated before the Midday Auction and imbalance of orders. The Exchange Exchange also proposes to continuously the Midday Auction may occur outside proposes that if there is a significant re-price and/or cancel orders, including of any prior indication. Moreover, a imbalance in a Midday Auction Stock at MOO and LOO Orders, consistent with Midday Auction would not be subject to the end of the Midday Auction Pause, Rule 80C(a)(5).16 In addition, in order to the requirements that (i) a minimum of with the approval of a Floor Governor attract contra-side interest, during a three minutes must elapse between the or two Floor Officials, the Midday Midday Auction Pause, the Exchange first indication and the Midday Auction, Auction Pause may be converted to an would publish Order Imbalance 24 or (ii) if more than one indication is order imbalance halt. In practice, this Information as defined in Rule 15(c) 17 published, a minimum of one minute would provide the DMMs with approximately every five seconds.18 must elapse before the Midday flexibility to conduct a Midday Auction At the end of the Midday Auction Auction.20 manually, but convert to an order Pause, the Exchange proposes to imbalance halt if attracting offsetting conduct the Midday Auction by The second proposed exception to Rule 123D would be that the Midday interest would delay the Midday reopening the Midday Auction Stocks at Auction. The benefit of converting to an a single equilibrium price in the same Auction would not execute at a price outside of the LULD Price Bands, as order imbalance halt is that it would manner as in Rule 123D (Openings and signal to the public that there is an order Halts in Trading) for reopenings, with provided for in Rule 80C(a)(4).21 Although the LULD Plan provides that imbalance in a symbol, and provide the two exceptions. Accordingly, as with DMM with the ability to reopen the reopenings following a regulatory halt reopenings are not subject to the Plan,22 the Exchange believes that because security pursuant to Rule 123D, without or LULD Plan pause, the DMM either of the above-described exceptions registered in the security would be trading in Midday Auction Stocks 25 would be continuing on other markets, applicable to the Midday Auction. In responsible for facilitating the Midday such case, the reopening would not be Auction in a manner similar to how an the Midday Auction should execute consistent with the Price Bands in effect subject to the LULD Price Bands, and as opening or reopening would be proposed, orders re-priced pursuant to conducted. This includes the DMM at the time of the Midday Auction. As noted above, to facilitate a Midday proposed Rule 124(b)(6) would be re- supplying liquidity as needed, as filed according to the original order provided for in Rule 104(a)(2), and Auction priced consistent with the LULD Price Bands, the Exchange would instructions and the security would be 12 See Proposed Rule 124(b)(1). be re-pricing both market and limit 23 See Proposed Rule 124(d). 13 See Proposed Rule 124(b)(2). 24 See Proposed Rule 123(e). The Exchange notes 14 See Proposed Rule 124(b)(3). 19 See Proposed Rule 124(c). that the current procedure for invoking a trading 15 See Proposed Rule 124(b)(4). 20 See Proposed Rule 123(c)(1). halt requires the approval of a Floor Governor or 16 See Proposed Rule 124(b)(5). 21 See Proposed Rule 124(c)(2). The Exchange two Floor Officials. See Rule 123D(1) (‘‘Once 17 Order Imbalance Information reflects real-time will be submitting separately a request for trading has commenced, trading may only be halted order imbalances that accumulate prior to the exemptive relief pursuant to Rule 611(d) of with the approval of a Floor Governor or two Floor opening or reopening transaction on the Exchange Regulation NMS that the Midday Auction be Officials.’’) and the price at which interest eligible to exempted from the requirements of Rule 611 of 25 The Exchange notes that when it halts a participate in an opening or reopening transaction Regulation NMS, 17 CFR 242.600 et seq., because security for an order imbalance halt, which is a may be executed in full. Order Imbalance it operates, in substance, in the same way as a non-regulatory halt, the Exchange disseminates via Information disseminated pursuant to Rule 15(c) single-priced reopening transaction, which is an the public data feeds that a symbol is subject to an includes all interest eligible for execution in the existing exception to the Order Protection Rule order imbalance halt. See Consolidated Tape opening or reopening transaction of a security in under Rule 611(b)(3). System CTS Output Multicast Interface Exchange systems. See Rule 15(c)(1). 22 See LULD Plan, supra note 8 at section Specification, at 95, 141, and 142, available at 18 See Proposed Rule 124(b)(6). VI(A)(1). https://www.ctaplan.com/.

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reopened pursuant to the procedures set because symbols with this volume of opportunities on other markets during forth in Rule 123D.26 trading are more likely to have wider the Midday Auction Pause. Because of the technology changes spreads and less certainty of an intraday The Exchange further believes that the associated with the proposed rule execution. proposed Midday Auction, which change, the Exchange proposes to The Exchange further believes that would be conducted in the same announce the implementation date via designating the list of Midday Auction manner as set forth in the reopening Trader Update. Stocks from within this category, and procedures in Rule 123D, would perfect the mechanism of a free and open 2. Statutory Basis updating the list at least quarterly, would perfect the mechanism of a free market and national market system The Exchange believes that the and open market and a national market because the Exchange would use an proposed rule change is consistent with established auction process for the 27 system because it would provide the section 6(b) of the Act, in general, and Exchange with the ability to add or Midday Auction. Specifically, as furthers the objectives of section 6(b)(5) proposed, the DMM assigned to a 28 remove stocks from eligibility for the of the Act, in particular, because it is Midday Auction depending on the Midday Auction Stock would be designed to prevent fraudulent and trading characteristics of an individual responsible for facilitating the Midday manipulative acts and practices, to security. For example, a security with a Auction in a manner similar to how an promote just and equitable principles of CADV of 1,000,000 shares or less may opening or reopening would be trade, to foster cooperation and have tight spreads and regular intraday conducted. This includes the DMM coordination with persons engaged in trading opportunities; such a symbol supplying liquidity as needed, as regulating, clearing, settling, processing would be less likely to benefit from a provided for in Rule 104(a)(2), and information with respect to, and Midday Auction. conducting the Midday Auction either facilitating transactions in securities, to Similarly, the Exchange believes that manually or electronically, as provided remove impediments to, and perfect the for in Rule 123D(1). In addition, the mechanisms of, a free and open market providing the Exchange with discretion of when the Midday Auction Pause Exchange would process orders during and a national market system and, in the Midday Auction in a manner similar period would begin, provided it is general, to protect investors and the to how orders are handled during a between 11 a.m. ET and 2 p.m. ET, public interest and because it is not trading halt or LULD trading pause, would perfect the mechanism of a free designed to permit unfair including accepting MOO and LOO and open market and a national market discrimination between customers, Orders to participate in the Midday system because it would enable the issuers, brokers, or dealers. Auction. The Exchange would also Exchange to change when the Midday The Exchange believes that the publish Order Imbalance Information Auction occurs in order to respond to proposed Midday Auction would during a Midday Auction Pause, thereby market events. The Exchange believes perfect the mechanism of a free and providing investors and the public with that the proposed window for the open market and a national market information about the pricing of the system and, in general, protect investors Midday Auction is designed to be a Midday Auction. The Exchange would and the public interest because it would period after the opening and before the also follow established procedures for provide opportunity for price discovery closing when additional price discovery publishing indications during a Midday and an intra-day execution for thinly- for a Midday Auction Stock would be Auction Pause that are based on how traded securities. More specifically, the warranted. The Exchange notes that as indications may be published during Exchange believes that the proposed proposed, regardless of the time, it LULD trading pauses pursuant to Rule Midday Auction would provide would conduct only one Midday 80C(b)(2)(A). The Exchange believes investors with an intra-day price Auction per day in Midday Auction that replicating established reopening discovery mechanism during which Stocks. The Exchange further notes that processes for the Midday Auction potential trading volumes may be it would provide advance notice of the would provide transparency and consolidated, thereby providing more timing of the Midday Auction by Trader certainty to investors and the public certainty of an execution opportunity Update. who are already familiar with the during the trading day. In addition, The Exchange believes that the Exchange’s auction process for openings because volume would be consolidated proposed Midday Auction Pause would and reopenings. for the auction, investors with large perfect the mechanism of a free and The Exchange also believes that the blocks of stock could use the Midday open market and national market system proposal to price a Midday Auction Auction to execute those orders without because it is designed to pause intra-day consistent with the LULD price bands in impacting the price of the stock, which trading only on the Exchange to provide effect at the time of the auction would could occur if a large order were entered investors with time to enter interest for perfect the mechanism of a free and during continuous, intra-day trading. As the Midday Auction, including MOO open market and national market system proposed, the Exchange would make the and LOO Orders. The Exchange notes because it would assure that the Midday Midday Auction available for Exchange- that the proposed five-minute period for Auction would not be priced outside of listed securities with a CADV of the Midday Auction Pause is based on the established parameters for trading in 1,000,000 shares or less, which the time frame for a LULD Plan pause. that security at a given time. In represent approximately 16% of all Because the Midday Auction is particular, because trading in a Midday NYSE-listed securities by consolidated intended for similar purpose to a LULD Auction Stock would be paused only on volume, and that have been designated Pause, i.e., to consolidate volume for the Exchange, the Exchange believes it by the Exchange. The Exchange believes price discovery purposes, the Exchange is appropriate to maintain deference to that making the Midday Auction believes that the proposed five-minute the prices that are occurring on other available for symbols with a CADV of period is appropriate and consistent markets and price the Midday Auction 1,000,000 shares or less is appropriate with the Act. The Exchange notes that consistent with the Price Bands. the proposed Midday Auction Pause The Exchange notes that if there is a 26 See Proposed Rule 124(e). would pause trading only on the significant imbalance in a Midday 27 15 U.S.C. 78f(b). Exchange and therefore investors would Auction Stock, the Midday Auction 28 15 U.S.C. 78f(b)(5). continue to have intra-day executions Pause could be converted to an order

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imbalance halt with the approval of a the self-regulatory organization 2015–06 and should be submitted on or Floor Governor or two Floor Officials, consents, the Commission will: before March 16, 2015. which is the existing process for (A) By order approve or disapprove For the Commission, by the Division of invoking a halt on the Exchange the proposed rule change, or Trading and Markets, pursuant to delegated pursuant to Rule 123D. The Exchange (B) institute proceedings to determine authority.29 believes that invoking an order whether the proposed rule change Brent J. Fields, imbalance halt, which would similarly should be disapproved. Secretary. halt trading on the Exchange only, [FR Doc. 2015–03537 Filed 2–20–15; 8:45 am] would be appropriate because it would IV. Solicitation of Comments BILLING CODE 8011–01–P provide notice to the public of an order Interested persons are invited to imbalance in a stock and an opportunity submit written data, views, and for the price discovery process to arguments concerning the foregoing, SOCIAL SECURITY ADMINISTRATION continue consistent with Rule 123D, including whether the proposed rule including the requirement for change is consistent with the Act. [Docket No: SSA–2015–0005] publishing indications. The Exchange Comments may be submitted by any of believes that for a significant order the following methods: Agency Information Collection imbalance, using the existing reopening Activities: Proposed Request and Electronic Comments process rather than a Midday Auction Comment Request • would perfect the mechanism of a free Use the Commission’s Internet The Social Security Administration and open market and national market comment form (http://www.sec.gov/ (SSA) publishes a list of information system and protect investors and the rules/sro.shtml); or collection packages requiring clearance • public interest because it would provide Send an email to rule-comments@ by the Office of Management and an opportunity for greater price sec.gov. Please include File Number SR– Budget (OMB) in compliance with discovery that would not be restricted NYSE–2015–06 on the subject line. Public Law 104–13, the Paperwork by LULD Price Bands. Paper Comments Reduction Act of 1995, effective October B. Self-Regulatory Organization’s 1, 1995. This notice includes revisions • Send paper comments in triplicate Statement on Burden on Competition of OMB-approved information to Brent J. Fields, Secretary, Securities collections and one new information The Exchange does not believe that and Exchange Commission, 100 F Street collection. the proposed rule change will impose NE., Washington, DC 20549–1090. SSA is soliciting comments on the any burden on competition that is not All submissions should refer to File accuracy of the agency’s burden necessary or appropriate in furtherance Number SR–NYSE–2015–06. This file estimate; the need for the information; of the purposes of the Exchange Act. number should be included on the its practical utility; ways to enhance its The proposed Midday Auction would subject line if email is used. To help the quality, utility, and clarity; and ways to only pause trading on the Exchange and Commission process and review your minimize burden on respondents, would not prevent market participants comments more efficiently, please use including the use of automated from directing order flow in Midday only one method. The Commission will collection techniques or other forms of Auction Stocks to other markets and post all comments on the Commission’s information technology. Mail, email, or trading venues during the auction. The Internet Web site (http://www.sec.gov/ fax your comments and proposed Midday Auction would also rules/sro.shtml). Copies of the recommendations on the information be available to all market participants submission, all subsequent collection(s) to the OMB Desk Officer on the Exchange each day at the same amendments, all written statements and SSA Reports Clearance Officer at time. Further, the Exchange believes with respect to the proposed rule the following addresses or fax numbers. that by providing an additional change that are filed with the (OMB), Office of Management and opportunity to execute orders in thinly- Commission, and all written Budget, Attn: Desk Officer for SSA, traded securities hours before the close communications relating to the Fax: 202–395–6974, Email address: of trading, the proposed rule change proposed rule change between the [email protected]. would further the price discovery Commission and any person, other than (SSA) Social Security Administration, process and enhance competition. those that may be withheld from the OLCA, Attn: Reports Clearance C. Self-Regulatory Organization’s public in accordance with the Director, 3100 West High Rise, 6401 Statement on Comments on the provisions of 5 U.S.C. 552, will be Security Blvd., Baltimore, MD 21235, Proposed Rule Change Received From available for Web site viewing and Fax: 410–966–2830, Email address: Members, Participants, or Others printing in the Commission’s Public [email protected]. Reference Room, 100 F Street NE., Or you may submit your comments No written comments were solicited Washington, DC 20549, on official online through www.regulations.gov, or received with respect to the proposed business days between the hours of referencing Docket ID Number [SSA– rule change. 10:00 a.m. and 3:00 p.m. Copies of the 2015–0005]. III. Date of Effectiveness of the filing will also be available for I. The information collections below Proposed Rule Change and Timing for inspection and copying at the NYSE’s are pending at SSA. SSA will submit Commission Action principal office and on its Internet Web them to OMB within 60 days from the site at www.nyse.com. All comments date of this notice. To be sure we Within 45 days of the date of received will be posted without change; consider your comments, we must publication of this notice in the Federal the Commission does not edit personal receive them no later than April 24, Register, or within such longer period identifying information from 2015. Individuals can obtain copies of up to 90 days (i) as the Commission may submissions. You should submit only the collection instruments by writing to designate if it finds such longer period information that you wish to make the above email address. to be appropriate and publishes its available publicly. All submissions reasons for so finding or (ii) as to which should refer to File Number SR–NYSE– 29 17 CFR 200.30–3(a)(12).

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1. Data Exchange Request Form— computer matches for benefit eligibility, for this purpose. Requesting agencies, 0960–NEW. SSA maintains depending on the requestor’s business governments, or private organizations approximately 3,000 data exchange needs. Section 1106 of the Social will use the form when voluntarily agreements and regularly receives new Security Act (Act) requires we consider initiating a request for data exchange requests from Federal, State, local, and the requestor’s legal authority to receive from SSA. Respondents are Federal, foreign governments, as well as private the data, our disclosure policies, State, local, and foreign governments, as organizations, to share data systems’ feasibility, systems’ security, well as private organizations seeking to electronically. SSA engages in various and costs before entering into a data share data electronically with SSA. forms of data exchanges from Social exchange agreement. We will use Form Type of Request: This is a new Security number verifications to SSA–157, Data Exchange Request Form, information collection.

Average Estimated Number of Frequency burden per total annual Modality of completion responses of response response burden (minutes) (hours)

SSA–157 ...... 60 1 30 30

2. Request for Withdrawal of written request for withdrawal signed process the request for withdrawal. The Application—20 CFR 404.640—0960– by the claimant or a proper applicant on respondents are applicants for 0015. Form SSA–521 documents the the claimant’s behalf will suffice. Retirement, Survivors, Disability, and information SSA needs to process the Individuals who wish to withdraw their Health Insurance benefits. withdrawal of an application for applications for benefits complete Form Type of Request: Revision of an OMB- benefits. A paper Form SSA–521 is our SSA–521, or sign the completed form approved information collection. preferred instrument for executing a for each request to withdraw. SSA uses withdrawal request; however, any the information from the SSA–521 to

Average Total esti- Number of Frequency burden per mated an- Modality of completion respondents of response response nual burden (minutes) (hours)

SSA–521 ...... 39,000 1 5 3,250

3. Statement of Self-Employment year. SSA uses Form SSA–766, credit additional quarters of coverage to Income—20 CFR 404.101, 404.110, Statement of Self-Employment Income, give the individual insured status thus 404.1096(a)–(d)—0960–0046. To qualify to collect the information we need to expediting benefit payments. for insured status and thus collect determine if the individual will have at Respondents are self-employed Social Security benefits, self-employed least the minimum amount of SEI individuals who may be eligible for individuals must demonstrate they needed for one or more quarters of Social Security benefits. earned the minimum amount of self- coverage in the current year. Based on Type of Request: Revision of an OMB- employment income (SEI) in a current the information we obtain, we may approved information collection.

Average Total esti- Number of Frequency burden per mated an- Modality of completion respondents of response response nual burden (minutes) (hours)

SSA–766 ...... 2,500 1 5 208

4. Request for Workers’ Social Security disability payments or an administering public agency Compensation/Public Disability Benefit accordingly. If claimants provide complete this form. The respondents are Information—20 CFR 404.408(e)—0960– necessary evidence, such as a copy of Federal, State, and local agencies, 0098. Claimants for Social Security their award notice, benefit check, etc., insurance carriers, and public or private disability payments who are also that is sufficient verification. In cases self-insured companies administering receiving Worker’s Compensation/ where claimants cannot provide such WC/PDB benefits to disability Public Disability Benefits (WC/PDB) evidence, SSA uses Form SSA–1709. claimants. must notify SSA about their WC/PDB, The entity paying the WC/PDB benefits, Type of Request: Revision of an OMB- so the agency can reduce claimants’ its agent (such as an insurance carrier), approved information collection.

Average Total esti- Number of Frequency burden per mated an- Modality of completion respondents of response response nual burden (minutes) (hours)

SSA–1709 ...... 120,000 1 15 30,000

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II. SSA submitted the information writing to OR.Reports.Clearance@ information on Form SSA–5–BK to collection below to OMB for clearance. ssa.gov. determine an individual’s eligibility for Your comments regarding the Application for Mother’s or Father’s mother’s or father’s insurance benefits. information collection would be most Insurance Benefits—20 CFR 404.339– The respondents are individuals caring useful if OMB and SSA receive them 30 404.342, 20 CFR 404.601–404.603— for a child of the deceased worker who days from the date of this publication. 0960–0003. Section 202(g) of the Act is applying for mother’s or father’s To be sure we consider your comments, provides for the payment of monthly insurance benefits under the Old Age, we must receive them no later than benefits to the widow or widower of an Survivors, and Disability Insurance insured individual if the surviving March 25, 2015. Individuals can obtain program. spouse is caring for the deceased copies of the OMB clearance package by worker’s child (who is entitled to Social Type of Request: Revision of an OMB- Security benefits). SSA uses the approved information collection.

Total Average estimated Modality of completion Number of Frequency burden per annual respondents of response response burden (minutes) (hours)

SSA–5–F6 (paper) ...... 1,611 1 15 403 Modernized Claim System (MCS) ...... 26,045 1 15 6,511 MCS/Signature Proxy ...... 26,044 1 14 6,077

Total ...... 53,700 ...... 12,991

Dated: February 18, 2015. Description procedures may consist of the adoption Faye Lipsky, Application of Air Cargo Global, s.r.o. of a show-cause order, a tentative order, Reports Clearance Officer, Social Security (‘‘ACG’’) requesting a foreign air carrier or in appropriate cases a final order Administration. permit and exemption authority to without further proceedings. [FR Doc. 2015–03545 Filed 2–20–15; 8:45 am] enable ACG to engage in foreign Docket Number: DOT–OST–2014– BILLING CODE 4191–02–P scheduled and charter air transportation 0194. of property and mail between any point Date Filed: November 12, 2014. or points in the United States and any Due Date for Answers, Conforming point or points outside the United Applications, or Motion to Modify DEPARTMENT OF TRANSPORTATION States, and any other transportation Scope: December 3, 2014. authorized by additional rights made Description Office of the Secretary available to European Community carriers in the future. Application of Northern Air Cargo, Notice of Applications for Certificates Inc. (‘‘NAC’’) requesting a blanket open of Public Convenience and Necessity Barbara J. Hairston, skies certificate of public convenience and Foreign Air Carrier Permits Filed Supervisory Dockets Officer, Docket and necessity that will allow NAC to Under Subpart B (Formerly Subpart Q) Operations, Federal Register Liaison. provide scheduled foreign air During the Week Ending November 29, [FR Doc. 2015–03546 Filed 2–20–15; 8:45 am] transportation of property and mail 2014 BILLING CODE 4910–9X–P between the United States and all countries with which the United States The following Applications for has entered into an open skies Certificates of Public Convenience and DEPARTMENT OF TRANSPORTATION agreement, as well as any country with Necessity and Foreign Air Carrier which the United States may in the Permits were filed under Subpart B Office of the Secretary future entered into an open skies (formerly Subpart Q) of the Department Notice of Applications for Certificates agreement, once the agreement is being of Transportation’s Procedural of Public Convenience and Necessity applied by both countries. NAC also Regulations (See 14 CFR 302. 201 et and Foreign Air Carrier Permits Filed requests on an expedited basis a seq.). The due date for Answers, Under Subpart B (Formerly Subpart Q) corresponding exemption authorizing Conforming Applications, or Motions to During the Week Ending November 15, NAC to provide the services described Modify Scope are set forth below for 2014 above pending issuance of a certificate each application. Following the Answer of public and necessity. period DOT may process the application The following Applications for Docket Number: DOT–OST–2014– by expedited procedures. Such Certificates of Public Convenience and 0195. procedures may consist of the adoption Necessity and Foreign Air Carrier Date Filed: November 13, 2014. of a show-cause order, a tentative order, Permits were filed under Subpart B Due Date for Answers, Conforming or in appropriate cases a final order (formerly Subpart Q) of the Department Applications, or Motion to Modify without further proceedings. of Transportation’s Procedural Scope: December 4, 2014. Regulations (See 14 CFR 302. 201 et Docket Number: DOT–OST–2014– Description 0209. seq.). The due date for Answers, Conforming Applications, or Motions to Application of WestJet Encore Date Filed: November 26, 2014. Modify Scope are set forth below for Limited (‘‘WestJet Encore’’) requesting a Due Date for Answers, Conforming each application. Following the Answer foreign air carrier permit to the full Applications, or Motion To Modify period DOT may process the application extent authorized by the Air Transport Scope: December 17, 2014. by expedited procedures. Such Agreement between the Government of

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the United States of America and the of the persons selected to fill these commercial air tour operators; Michael Government of Canada in order to current and future vacancies. Sutton and Dick Hingson representing engage in: (i) Scheduled foreign air FOR FURTHER INFORMATION CONTACT: environmental interests with two open transportation of persons, property and Keith Lusk, Special Programs Staff, seats; and Rory Majenty and Martin mail from points behind Canada via Federal Aviation Administration, Begaye representing Native American Canada and intermediate points to a Western-Pacific Region Headquarters, tribes. Rory Majenty’s seat expires on point or points in the United States and P.O. Box 92007, Los Angeles, CA April 2, 2015. beyond; (ii) charter foreign air 90009–2007, telephone: (310) 725–3808, Selection transportation of persons, property and email: [email protected]. The persons selected to fill the two mail from any point or points in Canada SUPPLEMENTARY INFORMATION: and any point or points in the United open seats representing environmental States and any point or points in a third Background concerns are Nicholas Miller and Mark country or countries, provided that, The National Parks Air Tour Belles. Their 3-year terms will begin on except with respect to cargo charters, Management Act of 2000 (the Act) was the day of this Federal Register notice such service constitutes part of a enacted on April 5, 2000, as Public Law publication. The person selected to fill continuous operation, with or without a 106–181, and subsequently amended in the upcoming open seat representing change of aircraft, that includes service the FAA Modernization and Reform Act Native American concerns is Leigh to Canada for the purpose of carrying of 2012. The Act required the Kuwanwisiwma. Mr. Kuwanwisiwma’s local traffic between Canada and the establishment of the advisory group 3-year term will begin on April 3, 2015. United States; and (iii) other charter within 1 year after its enactment. The Issued in Hawthorne, CA on February 11, transportation pursuant to the prior NPOAG was established in March 2001. 2015. approval requirements. WestJet Encore The advisory group is comprised of a Keith Lusk, further requests exemption authority to balanced group of representatives of Program Manager, Special Programs Staff, the extent necessary to enable it to general aviation, commercial air tour Western-Pacific Region. provide the services described above operations, environmental concerns, [FR Doc. 2015–03558 Filed 2–18–15; 8:45 am] pending issuance of a foreign air carrier and Native American tribes. The BILLING CODE 4910–13–P permit and such additional or other Administrator of the FAA and the relief as the Department may deem Director of NPS (or their designees) necessary or appropriate. It also requests serve as ex officio members of the DEPARTMENT OF TRANSPORTATION a statement of authorization to the group. Representatives of the extent necessary to enable WestJet Administrator and Director serve Federal Highway Administration Encore to operate U.S.-Canada alternating 1-year terms as chairman of Buy America Waiver Notification transborder service on behalf of WestJet the advisory group. under the ‘‘WestJet’’ name. In accordance with the Act, the AGENCY: Federal Highway Barbara J. Hairston, advisory group provides ‘‘advice, Administration (FHWA), Department of Supervisory Dockets Officer, Docket information, and recommendations to Transportation (DOT). the Administrator and the Director— Operations, Federal Register Liaison. ACTION: Notice. [FR Doc. 2015–03548 Filed 2–20–15; 8:45 am] (1) On the implementation of this title BILLING CODE 4910–9X–P [the Act] and the amendments made by SUMMARY: This notice provides this title; information regarding FHWA’s finding (2) On commonly accepted quiet that a Buy America waiver is DEPARTMENT OF TRANSPORTATION aircraft technology for use in appropriate for the obligation of commercial air tour operations over a Federal-aid funds for 75 State projects Federal Aviation Administration national park or tribal lands, which will involving the acquisition of vehicles receive preferential treatment in a given and equipment on the condition that Membership in the National Parks air tour management plan; they be assembled in the U.S. Overflights Advisory Group Aviation (3) On other measures that might be Rulemaking Committee DATES: The effective date of the waiver taken to accommodate the interests of is February 24, 2015. visitors to national parks; and AGENCY: Federal Aviation (4) At the request of the Administrator FOR FURTHER INFORMATION CONTACT: For Administration, Transportation. and the Director, safety, environmental, questions about this notice, please ACTION: Notice. and other issues related to commercial contact Mr. Gerald Yakowenko, FHWA air tour operations over a national park Office of Program Administration, 202– SUMMARY: By Federal Register notice or tribal lands.’’ 366–1562, or via email at (See 79 FR 77594–77595, December 24, [email protected]. For legal 2014) the National Park Service (NPS) Membership questions, please contact Mr. Jomar and the Federal Aviation The current NPOAG ARC is made up Maldonado, FHWA Office of the Chief Administration (FAA) invited interested of one member representing general Counsel, 202–366–1373, or via email at persons to apply to fill two existing aviation, three members representing [email protected]. Office hours openings and one upcoming opening on the commercial air tour industry, four for the FHWA are from 8:00 a.m. to 4:30 the National Parks Overflights Advisory members representing environmental p.m., e.t., Monday through Friday, Group (NPOAG) Aviation Rulemaking concerns, and two members except Federal holidays. Committee (ARC). The notice invited representing Native American interests. SUPPLEMENTARY INFORMATION: Electronic interested persons to apply to fill two Current members of the NPOAG ARC Access. currently vacant seats representing are as follows: An electronic copy of this document environmental concerns and one future Heidi Williams representing general may be downloaded from the Federal opening to represent Native American aviation; Alan Stephen, Matt Zuccaro, Register’s home page at http:// interests. This notice informs the public and Mark Francis representing www.archives.gov and the Government

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Publishing Office’s database at http:// components identified in this notice in to these products is inconsistent with www.access.gpo.gov/nara. such a way that their steel and iron the public interest (23 U.S.C. 313(b)(1) elements are manufactured Background and 23 CFR 635.410(c)(2)(i)). However, domestically. The FHWA’s Buy America FHWA believes that it is in the public This notice provides information requirements were tailored to the types interest and consistent with the Buy regarding FHWA’s finding that a Buy of products that are typically used in America requirements to impose the America waiver is appropriate for the highway construction, which generally condition that the vehicles and the obligation of Federal-aid funds for 75 meet the requirement that steel and iron vehicle components be assembled in the State projects involving the acquisition materials be manufactured domestically. U.S. Requiring final assembly to be of vehicles (including sedans, vans, In today’s global industry, vehicles are performed in the U.S. is consistent with pickups, trucks, buses, and street assembled with iron and steel past guidance to FHWA Division Offices sweepers) and equipment (such as components that are manufactured all electric charging station and trail over the world. The FHWA is not aware on manufactured products (see grooming equipment) on the condition of any domestically produced vehicle Memorandum on Buy America Policy that they be assembled in the U.S. The on the market that meets FHWA’s Buy Response, Dec. 22, 1997, http:// waiver would apply to approximately America requirement to have all its iron www.fhwa.dot.gov/programadmin/ 950 vehicles. The requests, available at and steel be manufactured exclusively contracts/122297.cfm). A waiver of the http://www.fhwa.dot.gov/construction/ in the U.S. For example, the Chevrolet Buy America requirement without any contracts/cmaq141124.cfm, are Volt, which was identified by many regard to where the vehicle is assembled incorporated by reference into this commenters in a November 21, 2011, would diminish the purpose of the Buy notice. These projects are being Federal Register Notice (76 FR 72027) America requirement. Moreover, in undertaken to implement air quality as a car that is made in the U.S., is today’s economic environment, the Buy improvement, safety, and mobility goals comprised of only 45 percent of U.S. America requirement is especially under FHWA’s Congestion Mitigation and Canadian content according to the significant in that it will ensure that and Air Quality Improvement Program; National Highway Traffic Safety Federal Highway Trust Fund dollars are National Bridge and Tunnel Inventory Administration’s Part 583 American used to support and create jobs in the and Inspection Program; and the Automobile Labeling Act Report Web U.S. This approach is similar to the Recreational Trails Program. page (http://www.nhtsa.gov/Laws+& conditional waivers previously given for Title 23, Code of Federal Regulations, +Regulations/Part+583+American section 635.410 requires that steel or various vehicle projects. Thus, so long +Automobile+Labeling+Act+(AALA) as the final assembly of the 75 State iron materials (including protective +Reports). Moreover, there is no projects occurs in the U.S., applicants to coatings) that will be permanently indication of how much of this 45 this waiver request may proceed to incorporated in a Federal-aid project percent content is U.S.-manufactured must be manufactured in the U.S. For (from initial melting and mixing) iron purchase these vehicles and equipment FHWA, this means that all the processes and steel content. consistent with the Buy America that modified the chemical content, In accordance with Division A, requirement. physical shape or size, or final finish of section 122 of the Consolidated and In accordance with the provisions of the material (from initial melting and Further Continuing Appropriations Act section 117 of the Safe, Accountable, mixing, continuing through the bending of 2012 (Pub. L. 112–284), FHWA Flexible, Efficient Transportation Equity and coating) occurred in the U.S. The published a notice of intent to issue a Act: A Legacy for Users, Technical statute and regulations create a process waiver on its Web site at http:// Corrections Act of 2008 (Pub. L. 110– for granting waivers from the Buy www.fhwa.dot.gov/construction/ 244), FHWA is providing this notice of America requirements when its contracts/waivers.cfm?id=101 on application would be inconsistent with its finding that a public interest waiver November 25, 2014. The FHWA of Buy America requirements is the public interest or when satisfactory received 17 comments in response to appropriate on the condition that the quality domestic steel and iron products the publication. Eight commenters vehicles and equipment identified in are not sufficiently available. In 1983, including; Puget Sound Clean Air FHWA determined that it was both in Agency, Port of Seattle, Chicago the notice be assembled in the U.S. The the public interest and consistent with Metropolitan Agency for Planning, and FHWA invites public comment on this the legislative intent to waive Buy Virginia DOT support granting a waiver. finding for an additional 15 days America for manufactured products Four commenters objected to the following the effective date of the other than steel manufactured products. waiver, and five others provided general finding. Comments may be submitted to However, FHWA’s national waiver for statements regarding domestic FHWA’s Web site via the link provided manufactured products does not apply manufacturing and the U.S. economy. to the waiver page noted above. to the requests in this notice because None of the four commenters objecting Authority: 23 U.S.C. 313; Pub. L. 110–161, they involve predominately steel and to the waiver identified a manufacturer 23 CFR 635.410. iron manufactured products. The that meets the Buy America FHWA’s Buy America requirements do requirements for the vehicles and Issued on: February 13, 2015. not have special provisions for applying equipment listed in the November 25, Gregory G. Nadeau, Buy America to ‘‘rolling stock’’ such as 2014 notice. Acting Administrator, Federal Highway vehicles or vehicle components (see 49 Based on FHWA’s conclusion that Administration. U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and there are no domestic manufacturers [FR Doc. 2015–03564 Filed 2–20–15; 8:45 am] 49 U.S.C. 24405(a)(2)(C) for examples of that can produce the vehicles and BILLING CODE 4910–22–P Buy America rolling stock provisions for equipment identified in this notice in other DOT agencies). such a way that steel and iron materials Based on all the information available are manufactured domestically, and to the agency, FHWA concludes that after consideration of the comments there are no domestic manufacturers received, FHWA finds that application that produce the vehicles and vehicle of FHWA’s Buy America requirements

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DEPARTMENT OF TRANSPORTATION Decided: February 18, 2015. FOR FURTHER INFORMATION CONTACT: The By the Board, Acting Chairman Miller and FinCEN Resource Center at 800–767– Surface Transportation Board Vice Chairman Begeman. 2825 or email [email protected]. [Docket No. FD 35879 (Sub-No. 1)] Jeffrey Herzig, SUPPLEMENTARY INFORMATION: The Bank Clearance Clerk. Secrecy Act (‘‘BSA’’), Titles I and II of BNSF Railway Company—Temporary [FR Doc. 2015–03598 Filed 2–20–15; 8:45 am] Public Law 91–508, as amended, Trackage Rights Exemption—Union BILLING CODE 4915–01–P codified at 12 U.S.C. 1829(b), 12 U.S.C. Pacific Railroad Company 1951–1959, and 31 U.S.C. 5311–5332, AGENCY: Surface Transportation Board, authorizes the Secretary of the Treasury, Department of Transportation. among other things, to require financial DEPARTMENT OF THE TREASURY institutions to keep records and file ACTION: Partial revocation of exemption. reports that are determined to have a SUMMARY: Under 49 U.S.C. 10502, the Financial Crimes Enforcement Network high degree of usefulness in criminal, tax, and regulatory matters, or in the Board revokes the class exemption as it Proposed Information Collection conduct of intelligence or counter- pertains to the trackage rights described Renewal; Comment Request; Anti- 1 intelligence activities to protect against in Docket No. FD 35879 to permit the Money Laundering Programs for international terrorism, and to trackage rights to expire at midnight on Insurance Companies and Non-Bank October 31, 2015, in accordance with implement counter-money laundering Residential Mortgage Lenders and the agreement of the parties, subject to programs and compliance procedures.1 Originators the employee protective conditions set Regulations implementing Title II of forth in Oregon Short Line Railroad— AGENCY: Financial Crimes Enforcement the BSA appear at 31 CFR Chapter X. Abandonment Portion Goshen Branch Network (‘‘FinCEN’’), Treasury. The authority of the Secretary of the Between Firth & Ammon, in Bingham & Treasury to administer the BSA has ACTION: Notice and request for Bonneville Counties, Idaho, 360 I.C.C. been delegated to the Director of comments. 91 (1979). FinCEN. DATES: This decision is effective on SUMMARY: FinCEN invites comment on The information collected and March 25, 2015. Petitions to stay must the renewal of information collections retained under the regulations be filed by March 5, 2015. Petitions for in existing regulations requiring addressed in this notice assists federal, reconsideration must be filed by March insurance companies and non-bank state, and local law enforcement as well 16, 2015. mortgage lenders and originators to as regulatory authorities in the ADDRESSES: Send an original and 10 develop and implement written anti- identification, investigation, and copies of all pleadings, referring to money laundering programs reasonably prosecution of money laundering and Docket No. FD 35879 (Sub-No. 1) to: designed to prevent those financial other matters. In accordance with the Surface Transportation Board, 395 E institutions from being used to facilitate requirements of the PRA, 44 U.S.C. Street SW., Washington, DC 20423– money laundering and the financing of 3506(c)(2)(A), and its implementing 0001. In addition, a copy of each terrorist activities. This request for regulations, the following information is pleading must be served on BNSF’s comments is being made pursuant to the presented concerning the recordkeeping representative: Karl Morell, Ball Janik Paperwork Reduction Act (‘‘PRA’’) of requirements listed below. LLP, Suite 225, 655 Fifteenth St. NW., 1995, Public Law 104–13, 44 U.S.C. Title: Anti-money laundering Washington, DC 20005. 3506(c)(2)(A). programs for insurance companies, 31 FOR FURTHER INFORMATION CONTACT: CFR 1025.210 and non-bank residential DATES: Written comments are welcome Joseph H. Dettmar, (202) 245–0395. mortgage lenders and originators, 31 and must be received on or before April [Assistance for the hearing impaired is CFR 1029.210. 24, 2015. available through the Federal Office of Management and Budget Information Relay Service (FIRS) at ADDRESSES: Written comments should (‘‘OMB’’) Control Number: 1506–0035. (800) 877–8339.] be submitted to: Policy Division, Abstract: Insurance companies and SUPPLEMENTARY INFORMATION: Financial Crimes Enforcement Network, non-bank residential mortgage lenders Additional information is contained in P.O. Box 39, Vienna, VA 22183, and originators are required to establish the Board’s decision. Board decisions Attention: Anti-Money Laundering and maintain written anti-money and notices are available on our Web Program Comments—Insurance laundering programs. A copy of the site at ‘‘WWW.STB.DOT.GOV.’’ Companies and Non-Bank Residential written program must be maintained for Mortgage Lenders and Originators. five years. 1 In that docket, on November 25, 2014, BNSF Comments also may be submitted by Current Action: Renewal of current Railway Company (BNSF) filed a verified notice of electronic mail to the following Internet regulations. exemption under the Board’s class exemption address: [email protected], again Type of Review: Renewal of a procedures at 49 CFR 1180.2(d)(7). The notice addressed an agreement in which Union Pacific with a caption, in the body of the text, currently approved information Railroad Company (UP) granted local trackage ‘‘Attention: Anti-Money Laundering collection. rights to BNSF over UP’s lines extending between: Program Comments—Insurance Affected Public: Businesses and other (1) UP milepost 93.2 at Stockton, Cal., on UP’s Companies and Non-Bank Residential Oakland Subdivision, and UP milepost 219.4 at for-profit institutions. Elsey, Cal., on UP’s Canyon Subdivision, a distance Mortgage Lenders and Originators.’’ Estimated Number of Respondents: of 126.2 miles; and (2) UP milepost 219.4 at Elsey Inspection of comments. Comments 1,200 Insurance Companies and 31,000 and UP milepost 280.7 at Keddie, Cal., on UP’s may be inspected, between 10 a.m. and Canyon Subdivision, a distance of 61.3 miles. See BNSF Ry.—Temporary Trackage Rights 4 p.m., in the FinCEN reading room in 1 Language expanding the scope of the BSA to Exemption—Union Pac. R.R., FD 35879 (STB served Vienna, VA. Persons wishing to inspect intelligence or counter-intelligence activities to Dec. 11, 2014). BNSF notes that, because the the comments submitted must request protect against international terrorism was added by trackage rights covered by that docket are ‘‘local’’ an appointment with the Disclosure Section 358 of the Uniting and Strengthening rather than ‘‘overhead’’ rights, they do not qualify America by Providing Appropriate Tools Required for the Board’s class exemption for temporary Officer by telephoning (703) 905–5034 to Intercept and Obstruct Terrorism Act of 2001, trackage rights at 49 CFR 1180.2(d)(8). (Not a toll free call). Public Law 107–56.

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Non-Bank Residential Mortgage Lender ACTION: Notice and request for in the conduct of intelligence or and Originators. comments. counter-intelligence activities to protect Estimated Number of Responses: against international terrorism, and to SUMMARY: 1,200 Insurance Companies and 31,000 As part of our continuing implement counter-money laundering Non-Bank Residential Mortgage Lender effort to reduce paperwork and programs and compliance procedures.1 and Originators. respondent burden, the Financial Regulations implementing Title II of the Crimes Enforcement Network Estimated Number of Hours: 1,200 BSA appear at 31 CFR Chapter X. The (‘‘FinCEN’’) invites comment on a Insurance Companies and 31,000 Non- authority of the Secretary of the proposed renewal, without change, to Bank Residential Mortgage Lender and Treasury to administer the BSA has information collections found in Originators. been delegated to the Director of existing regulations requiring money FinCEN. The information collected and Total Estimated Burden Hours: services businesses, mutual funds, and retained under the regulations 43,000. operators of credit card systems to addressed in this notice assist federal, An agency may not conduct or develop and implement written anti- state, and local law enforcement as well sponsor, and a person is not required to money laundering programs reasonably as regulatory authorities in the respond to, a collection of information designed to prevent those financial unless it displays a valid OMB control institutions from being used to facilitate identification, investigation, and number. Records required to be retained money laundering and the financing of prosecution of money laundering and under the BSA must be retained for five terrorist activities. This request for other matters. In accordance with the years. Generally, information collected comments is being made pursuant to the requirements of the PRA, 44 U.S.C. pursuant to the BSA is confidential but Paperwork Reduction Act of 1995 3506(c)(2)(A), and its implementing may be shared as provided by law with (‘‘PRA’’), Public Law 104–13, 44 U.S.C. regulations, the following information is regulatory and law enforcement 3506(c)(2)(A). presented concerning the recordkeeping authorities. requirements listed below. DATES: Written comments are welcome Request for Comments: Comments and must be received on or before April Title: Anti-money laundering submitted in response to this notice will 24, 2015. programs for money services businesses be summarized and/or included in the 2 ADDRESSES: Written comments should (31 CFR 1022.210), Anti-money request for OMB approval. All be submitted to: Policy Division, laundering programs for mutual funds comments will become a matter of Financial Crimes Enforcement Network, (31 CFR 1024.210), and Anti-money public record. Comments are invited on: U.S Department of the Treasury, P.O. laundering programs for operators of (a) Whether the collection of Box 39, Vienna, VA 22183. Attention: credit card systems (31 CFR 1028.210). information is necessary for the proper PRA Comments—AML Requirements Office of Management and Budget performance of the functions of the for money services businesses, mutual (‘‘OMB’’) Control Number: 1506–0020. agency, including whether the funds, and operators of credit card information shall have practical utility; Abstract: MSBs, mutual funds, and systems. Comments also may be (b) the accuracy of the agency’s estimate operators of credit card systems are submitted by electronic mail to the of the burden of the collection of required to develop and implement following Internet address: information; (c) ways to enhance the written anti-money laundering [email protected] with the quality, utility, and clarity of the programs. FinCEN recognizes a three caption in the body of the text, information to be collected: (d) ways to hour burden for the initial development ‘‘Attention: PRA Comments—AML minimize the burden of the collection of of an AML program. FinCEN further Requirements for money services information on respondents, including estimates an annual burden of one hour businesses, mutual funds, and operators through the use of automated collection for maintenance of the program (i.e., of credit card systems.’’ All submissions techniques or other forms of information review and update as necessary). In received must include the agency name technology; and (e) estimates of capital view of the limited information and the specific OMB control number or start-up costs and costs of operation, providers and sellers of prepaid access for this notice. (a type of MSB) are required to maintenance and purchase of services to Inspection of comments. Comments provide information. may be inspected, between 10 a.m. and maintain, and the degree of automation Dated: February 13, 2015. 4 p.m., in the FinCEN reading room in available to them, FinCEN estimates an Jennifer Shasky Calvery, Vienna, VA. Persons wishing to inspect annual maintenance burden of two minutes for each prepaid card issued for Director, Financial Crimes Enforcement the comments submitted must request 3 Network. an appointment with the Disclosure this MSB subset. A copy of the written [FR Doc. 2015–03580 Filed 2–20–15; 8:45 am] Officer by telephoning (703) 905–5034 (not a toll free call). 1 Language expanding the scope of the BSA to BILLING CODE 4810–02–P intelligence or counter-intelligence activities to FOR FURTHER INFORMATION CONTACT: The protect against international terrorism was added by FinCEN Resource Center at 800–767– Section 358 of the Uniting and Strengthening DEPARTMENT OF THE TREASURY 2825 or email [email protected]. America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, SUPPLEMENTARY INFORMATION: The Bank Financial Crimes Enforcement Network Public Law 107–56. Secrecy Act (‘‘BSA’’), Titles I and II of 2 The term money services business (‘‘MSB’’) Proposed Information Collection; Public Law 91–508, as amended, includes dealer in foreign exchange, check casher, codified at 12 U.S.C. 1829(b), 12 issuer or seller of traveler’s checks or money orders, Comment Request; Renewal Without provider of prepaid access, money transmitter, U.S. Change of Anti-Money Laundering U.S.C.1951–1959, and 31 U.S.C. 5311– Postal Service, and seller of prepaid access. See 31 Programs for Money Services 5332, authorizes the Secretary of the CFR 1010.100(ff). Businesses, Mutual Funds, and Treasury, among other things, to require 3 Providers and sellers of prepaid access are financial institutions to keep records required to collect and maintain the customer’s Operators of Credit Cards Systems name, date of birth, address, and identification and file reports that are determined to number for five years. This collection is automated. AGENCY: Financial Crimes Enforcement have a high degree of usefulness in FinCEN estimates that approximately 2,583,300 Network, Treasury. criminal, tax and regulatory matters, or prepaid cards are issued annually.

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program must be maintained for five technology; and (e) estimates of capital Department of the Treasury, P.O. Box years. or start-up costs and costs of operation, 39, Vienna, Virginia 22183, ‘‘Attention: Current Action: Renewal without maintenance and purchase of services to PRA Comments—SAR Requirements- change to the existing regulations. provide information. Securities and Futures Industries.’’ Affected Public: Businesses and other Dated: February 13, 2015. Comments also may be submitted by for-profit institutions. electronic mail to the following Internet Jennifer Shasky Calvery, Burden: Estimated Number of address: [email protected], again Respondents: 327,206. Director, Financial Crimes Enforcement with a caption, in the body of the text, Network. 31 CFR 1022.210 = 324,100. ‘‘Attention: PRA Comments—SAR [FR Doc. 2015–03586 Filed 2–20–15; 8:45 am] 31 CFR 1024.210 = 3,000. Requirements-Securities and Futures 31 CFR 1028.210 = 6. BILLING CODE 4810–02–P Industry.’’ Estimated Number of Responses: Inspection of comments. Comments 2,838,406. may be inspected, between 10 a.m. and DEPARTMENT OF THE TREASURY 4 p.m., in the FinCEN reading room in 31 CFR 1022.210 = 2,835,400. Vienna, VA. Persons wishing to inspect 31 CFR 1024.210 = 3,000. Financial Crimes Enforcement Network 31 CFR 1028.210 = 6. the comments submitted must request Proposed Information Collection; an appointment with the Disclosure Estimated at one hour per respondent. Comment Request; Renewal of Officer by telephoning (703) 905–5034 (not a toll free call). 31 CFR 1022.210 = 252,100.4 Suspicious Activity Reporting 31 CFR 1024.210 = 3,000. Requirements by Brokers or Dealers in FOR FURTHER INFORMATION CONTACT: The 31 CFR 1028.210 = 6. Securities and Futures Commission FinCEN Resource Center at 800–767– 2825 or email [email protected]. Estimated Number of Hours: 255,106. Merchants and Introducing Brokers in Estimated at two minutes per prepaid Commodities. SUPPLEMENTARY INFORMATION: The Bank Secrecy Act (‘‘BSA’’), Titles I and II of card issued. AGENCY: Financial Crimes Enforcement 5 Public Law 91–508, as amended, 31 CFR 1022.210 = 86,110. Network (‘‘FinCEN’’), Treasury. codified at 12 U.S.C. 1829(b), 12 U.S.C. Estimated Total Number of hours: ACTION: Notice and request for 1951–1959, and 31 U.S.C. 5311–5332, 341,216 comments. authorizes the Secretary of the Treasury, An agency may not conduct or among other things, to require financial sponsor, and a person is not required to SUMMARY: FinCEN invites comment on the renewal of an information collection institutions to keep records and file respond to, a collection of information reports that are determined to have a unless it displays a valid control requirement for the recordkeeping and reporting of suspicious activities by high degree of usefulness in criminal, number assigned by OMB. Records tax, and regulatory matters, or in the required to be retained under the BSA brokers or dealers in securities and futures commission merchants (FCMs) conduct of intelligence or counter- must be retained for five years. intelligence activities to protect against and introducing brokers in commodities Generally, information collected international terrorism, and to (IBs).1 The Bank Secrecy Act Suspicious pursuant to the BSA is confidential but implement counter-money laundering Activity Report, (‘‘BSAR’’) 2 will be used may be shared as provided by law with programs and compliance procedures.3 regulatory and law enforcement by these entities to report suspicious Regulations implementing Title II of authorities. activity to FinCEN. This request for the BSA appear at 31 CFR Chapter X. comments also covers 31 CFR 1023.320, The Secretary of the Treasury was Request for Comments relating to reports by brokers or dealers granted authority in 1992, with the Comments submitted in response to in securities of suspicious transactions, enactment of 31 U.S.C. 5318(g), to this notice will be summarized and/or and 31 CFR 1026.320, reports by futures require financial institutions to report included in the request for OMB commission merchants and introducing suspicious transactions. The authority approval. All comments will become a brokers in commodities of suspicious of the Secretary of the Treasury to matter of public record. Comments are transactions. This request for comments administer the BSA has been delegated invited on: (a) Whether the collection of is being made pursuant to the to the Director of FinCEN. The final information is necessary for the proper Paperwork Reduction Act (‘‘PRA’’) of Broker-Dealer SAR rule can be found at performance of the functions of the 1995, Public Law 104–13, 44 U.S.C. 31 CFR 1023.320. The final FCM–IB agency, including whether the 3506(c)(2)(A). SAR rule can be found at 31 CFR information shall have practical utility; DATES: Written comments are welcome 1026.320. (b) the accuracy of the agency’s estimate and must be received on or before April The information collected is required of the burden of the collection of 24, 2015. to be provided pursuant to 31 U.S.C. information; (c) ways to enhance the ADDRESSES: Written comments should 5318(g), 31 CFR 1023.320 and 31 CFR quality, utility, and clarity of the be submitted to: Policy Division, 1026.320. This information will be information to be collected; (d) ways to Financial Crimes Enforcement Network, made available, in accordance with minimize the burden of the collection of strict safeguards, to appropriate criminal information on respondents, including 1 The federal functional regulator for the law enforcement and regulatory through the use of automated collection securities industry is the U.S. Securities and personnel, and to the registered Exchange Commission (‘‘SEC’’) and, for the futures securities and futures associations and techniques or other forms of information industry, it is the Commodity Futures Trading Commission (‘‘CFTC’’). national exchanges (so-called self- 4 FinCEN estimates that it will take each MSB that 2 The BSAR was approved by the Office of is not a prepaid provider one hour to respond to Management and Budget (‘‘OMB’’) under control 3 Language expanding the scope of the BSA to this information collection, for a total of 252,100 number 1506–0065. The BSAR is a single report intelligence or counter-intelligence activities to hours. FinCEN estimates that it will take each MSB that replaced previous individual SAR forms for protect against international terrorism was added by that is a prepaid provider two minutes per prepaid depository institutions, casinos, money services Section 358 of the Uniting and Strengthening card issued, for a total of 86,100 hours. Combined, businesses, securities brokers or dealers, mutual America by Providing Appropriate Tools Required the estimated hourly burden for MSBs is 338,210. funds, futures commission merchants, introducing to Intercept and Obstruct Terrorism Act of 2001, 5 Ibid. brokers in commodities, and insurance companies, Public Law 107–56.

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regulatory organizations) for use in Form Number: FinCEN Form 111 Request for Comments: Comments official performance of their duties, for (BSAR).4 submitted in response to this notice will regulatory purposes, and in Type of Review: Renewal and update be summarized and/or included in the investigations and proceedings of a currently approved information request for OMB approval. All involving domestic and international collection. comments will become a matter of money laundering, terrorist financing, Affected public: Businesses or other public record. Comments are invited on: tax violations, fraud, and other financial for-profit institutions. (a) Whether the collection of crimes. Frequency: As required. information is necessary for the proper Broker-dealers, futures commission Estimated Reporting and performance of the functions of the merchants, and introducing brokers in Recordkeeping Burden: 1 hour.5 agency, including whether the commodities required to report suspicious transactions, or reporting Estimated Number of Respondents: information shall have practical utility; such transactions voluntarily, will be 8,300. (b) the accuracy of the agency’s estimate subject to the protection from liability Estimated Total Annual Responses: of the burden of the collection of contained in 31 U.S.C. 5318(g)(3) and to 8,300. information; (c) ways to enhance the the prohibition contained in 31 U.S.C. Estimated Total Annual Reporting quality, utility, and clarity of the 5318(g)(2) against notifying any person and Recordkeeping Burden: 8,300 information to be collected; (d) ways to involved in the transaction that a hours. minimize the burden of the collection of suspicious activity report has been filed. An agency may not conduct or information on respondents, including Title: Suspicious Activity Reporting sponsor, and a person is not required to through the use of automated collection by Brokers or Dealers in Securities and respond to, a collection of information techniques or other forms of information Futures Commission Merchants and unless the collection of information technology; and (e) estimates of capital Introducing Brokers in Commodities (31 displays a valid OMB control number. or start-up costs and costs of operation, CFR 1023.320, and 31 CFR 1026.320). Records required to be retained under maintenance and purchase of services to OMB Number: 1506–0019. the BSA must be retained for five years. provide information. Abstract: This notice renews the SAR Dated: February 13, 2015. reporting and recordkeeping 4 See footnote 2. requirements for the above mentioned 5 The reporting and recordkeeping burden of the Jennifer Shasky Calvery, entities. Additionally, this notice regulations (31 CFR 1023.320 and 1026.320) is Director, Financial Crimes Enforcement updates the title of the information reflected in the burden for the BSAR as approved Network. under 1506–0065. This listed burden is assigned to collection under this OMB control maintain control number 1506–0019 active as a [FR Doc. 2015–03584 Filed 2–20–15; 8:45 am] number to specifically define the reporting requirement for 31 CFR 1023.320 and BILLING CODE 4810–02P–P entities addressed under this number. 1026.320.

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Part II

Department of Commerce

National Oceanic and Atmospheric Administration 50 CFR Part 217 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Seismic Surveys in Cook Inlet, Alaska; Proposed Rule

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DEPARTMENT OF COMMERCE Instructions: Comments sent by any reasonably expected to, and is not other method, to any other address or reasonably likely to, adversely affect the National Oceanic and Atmospheric individual, or received after the end of species or stock through effects on Administration the comment period, may not be annual rates of recruitment or survival.’’ considered by NMFS. All comments Except with respect to certain 50 CFR Part 217 received are a part of the public record activities not pertinent here, the MMPA [Docket No. 140912776–5025–01] and will generally be posted to http:// defines ‘‘harassment’’ as: ‘‘any act of www.regulations.gov without change. RIN 0648–BE53 pursuit, torment, or annoyance which (i) All Personal Identifying Information (for has the potential to injure a marine example, name, address, etc.) Taking and Importing Marine mammal or marine mammal stock in the voluntarily submitted by the commenter Mammals; Taking Marine Mammals wild [Level A harassment]; or (ii) has may be publicly accessible. Do not Incidental to Seismic Surveys in Cook the potential to disturb a marine submit Confidential Business Inlet, Alaska mammal or marine mammal stock in the Information or otherwise sensitive or wild by causing disruption of behavioral AGENCY: National Marine Fisheries protected information. NMFS will patterns, including, but not limited to, accept anonymous comments (enter N/ Service (NMFS), National Oceanic and migration, breathing, nursing, breeding, A in the required fields if you wish to Atmospheric Administration (NOAA), feeding, or sheltering [Level B remain anonymous). Commerce. harassment].’’ ACTION: Proposed rule; request for An electronic copy of the application, comments. containing a list of references used in Summary of Request this document, and the Draft SUMMARY: NMFS has received a request Environmental Assessment (EA) may be On July 11, 2014, NMFS received a from Apache Alaska Corporation obtained by writing to the address complete application from Apache (Apache) for authorization to take specified above, telephoning the contact requesting authorization for the take of marine mammals, by harassment, listed below (see FOR FURTHER six marine mammal species incidental incidental to its proposed oil and gas INFORMATION CONTACT), or visiting the to an oil and gas exploration seismic exploration seismic survey program in internet at: http://www.nmfs.noaa.gov/ program in Cook Inlet, AK, over the Cook Inlet, Alaska, between March 1, pr/permits/incidental.htm. Documents course of 5 years. The proposed activity 2015, and February 29, 2020. Pursuant cited in this proposed rule may also be would occur for approximately 8–9 to the Marine Mammal Protection Act viewed, by appointment, during regular months annually over the course of a 5- (MMPA), NMFS is requesting comments business hours at the above address. To year period between March 1, 2015 and on its proposal to issue regulations and help NMFS process and review February 29, 2020. In-water airguns will subsequent Letters of Authorization comments more efficiently, please use only be active for approximately 2–3 (LOAs) to Apache to incidentally harass only one method to submit comments. hours during each of the slack tide marine mammals. FOR FURTHER INFORMATION CONTACT: Sara periods. There are approximately four DATES: Comments and information must Young or Ben Laws, Office of Protected slack tide periods in a 24-hour period; be received no later than March 25, Resources, NMFS, (301) 427–8484. therefore, airgun operations will be active during approximately 8–12 hours 2015. SUPPLEMENTARY INFORMATION: per day, if weather conditions allow. ADDRESSES: You may submit comments Background The following specific aspects of the on this document, identified by 0648– proposed activities are likely to result in BE53, by any one of the following Sections 101(a)(5)(A) and (D) of the the take of marine mammals: Seismic methods: MMPA (16 U.S.C. 1361 et seq.) direct airgun operations. Take, by Level B • Electronic Submissions: Submit all the Secretary of Commerce to allow, Harassment only, of individuals of six electronic public comments via the upon request, the incidental, but not species or stocks of marine mammals is Federal e-Rulemaking Portal. Go to: intentional, taking of small numbers of anticipated to result from the specified www.regulations.gov, enter NOAA– marine mammals by U.S. citizens who activity. NMFS–2014–0144 in the ‘‘Search’’ box, engage in a specified activity (other than click the ‘‘Comment Now!’’ icon, commercial fishing) within a specified This is the fourth request (but first complete the required fields, and enter geographical region if certain findings request for 5-year regulations and or attach your comments. are made and either regulations are annual LOAs) that NMFS has received • Mail: Submit written comments to issued or, if the taking is limited to from Apache for takes of marine Jolie Harrison, Chief, Permits and harassment, a notice of a proposed mammals incidental to conducting a Conservation Division, Office of authorization is provided to the public seismic survey program in Cook Inlet. Protected Resources, National Marine for review. On April 30, 2012, NMFS issued a 1- Fisheries Service, 1315 East-West Authorization for incidental takings year Incidental Harassment Highway, Silver Spring, MD 20910. shall be granted if NMFS finds that the Authorization (IHA) to Apache for their • Fax: 301–713–0376, Attn: Sara taking will have a negligible impact on first season of seismic acquisition in Young. the species or stock(s), will not have an Cook Inlet (77 FR 27720). NMFS issued Comments regarding any aspect of the unmitigable adverse impact on the a second 1-year IHA to Apache in collection of information requirement availability of the species or stock(s) for February 2013 (78 FR 12720, February contained in this proposed rule should subsistence uses (where relevant), and if 25, 2013). However, no seismic be sent to NMFS via one of the means the permissible methods of taking and operations occurred in 2013. Most stated here and to the Office of requirements pertaining to the recently, NMFS issued a third IHA to Information and Regulatory Affairs, mitigation, monitoring and reporting of Apache on March 4, 2014 to conduct 3D NEOB–10202, Office of Management such takings are set forth. NMFS has seismic survey operations in Cook Inlet and Budget (OMB), Attn: Desk Office, defined ‘‘negligible impact’’ in 50 CFR (79 FR 13626, March 11, 2014). The Washington, DC 20503, OIRA@ 216.103 as ‘‘an impact resulting from third IHA expires on December 31, omb.eop.gov. the specified activity that cannot be 2014.

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Description of the Specified Activity shallow waters in the intertidal area. actual survey duration each year will Water depths for the proposed program take approximately 160 days over the Overview will range from 0–128 m (0–420 ft). course of 8 to 9 months. The vessels will Apache has acquired over 850,000 Seismic surveys are designed to be mobilized out of Homer or acres of oil and gas leases in Cook Inlet collect bathymetric and sub-seafloor Anchorage with resupply runs occurring since 2010 with the primary objective to data that allow the evaluation of multiple times per week out of Homer, explore for and develop oil and gas potential shallow faults, gas zones, and Anchorage, or Nikiski. resources in Cook Inlet. Apache archeological features at prospective Specified Geographic Region proposes to conduct oil and gas seismic exploration drilling locations. In the surveys in Cook Inlet, Alaska, in an area spring of 2011, Apache conducted a Each phase of the Apache program that encompasses approximately 5,684 seismic test program to evaluate the would encounter land, intertidal km2 (2,195 mi2) of intertidal and feasibility of using new nodal (no transition zone, and marine offshore areas. This area is slightly cables) technology seismic recording environments in Cook Inlet, Alaska. larger than that shown in Apache’s equipment for operations in Cook Inlet. However, only the portions occurring in MMPA application and corresponds This test program found and provided the intertidal zone and marine with the request contained in their important input to assist in finalizing environments have the potential to take Biological Assessment and Figure 1 in the design of the 3D seismic program in marine mammals. The land-based this document, which is also available Cook Inlet (the nodal technology was portion of the proposed program would at: http://www.nmfs.noaa.gov/pr/ determined to be feasible). Apache not result in underwater sound levels permits/incidental/ began seismic onshore acquisition on that would rise to the level of a marine oilgas.htm#apache2020. Vessels will lay the west side of Cook Inlet in September mammal take. and retrieve nodal sensors on the sea 2011 and offshore acquisition in May The proposed location of Apache’s floor in periods of low current, or, in the 2012 under an IHA issued by NMFS for acquisition plan is depicted in Figure 1 case of the intertidal area, during high April 30, 2012 through April 30, 2013 in this document. The total proposed tide over a 24-hour period. In deep (77 FR 27720, May 11, 2012). Apache seismic survey data acquisition water, a hull or pole mounted pinger continued seismic data acquisition for locations encompass approximately system will be used to determine the approximately 3 months in spring and 5,684 km2 (2,195 mi2) of intertidal and exact location of the nodes. The two summer 2014 in compliance with an offshore areas. This area is instruments used in this technique are IHA issued on March 4, 2014 (79 FR approximately 18% larger than the area a transceiver (operating at 33–55kHz 13626, March 11, 2014). contained in Apache’s MMPA with a maximum source level of 188 dB application. The additional area re 1 mPa at 1 meter) and a transponder Dates and Duration proposed for seismic survey data (operating at 35–50kHz with a Apache proposes to acquire offshore/ acquisition considered in this proposed maximum source level of 188 dB re 1 transition zone operations for rule (and not originally noted in mPa at 1 meter). Apache proposes to use approximately 8 to 9 months in offshore Apache’s MMPA application) is located two synchronized vessels. Each source areas in open water periods from March in northern Cook Inlet near the Susitna vessel will be equipped with 1 through December 31 annually over Delta region. Apache would only compressors and 2,400 cubic inch (in3) the course of 5 years. During each 24- operate in a portion of this entire area airgun arrays. Additionally, one of the hour period, seismic support activities between March 1 and December 31 each source vessels will be equipped with a may be conducted throughout the entire year. There are numerous factors that 440 in3 shallow water source array, period; however, in-water airguns will influence the survey areas, including which can be deployed at high tide in only be active for approximately 2–3 the geology of the Cook Inlet area, other the intertidal area in less than 1.8 m (6 hours during each of the slack tide permitting restrictions (i.e., commercial ft) of water. The two source vessels do periods. There are approximately four fishing, Alaska Department of Fish and not fire the airguns simultaneously; slack tide periods in a 24-hour period; Game refuges), seismic imaging of leases rather, each vessel fires a shot every 24 therefore, airgun operations will be held by other entities with whom seconds, leaving 12 seconds between active during approximately 8–12 hours Apache has agreements (e.g., data shots. per day, if weather conditions allow. sharing), overlap of sources and The operation will utilize two source Two airgun source vessels will work receivers to obtain the necessary seismic vessels, three cable/nodal deployment concurrently on the spread, acquiring imaging data, and general operational and retrieval operations vessels, a source lines approximately 12 km (7.5 restrictions (ice, weather, environmental mitigation/monitoring vessel, a node re- mi) in length. Apache anticipates that a conditions, marine life activity, etc.). charging and housing vessel, and two crew can acquire approximately 6.2 km2 Water depths for the program will range small vessels for personnel transport (2.4 mi2) per day, assuming a crew can from 0–128 m (0–420 ft). and node support in the extremely work 8–12 hours per day. Thus, the BILLING CODE 3510–22–P

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Detailed Description of Activities inter-tidal and marine zone operators The deployment length is limited by will use a submersible multi-component battery length and data storage capacity. (1) Recording System system made up of three velocity The geometry methodology that The recording system is an sensors and a hydrophone (see Figure 4 Apache will use to gather seismic data autonomous system ‘‘nodal’’ (i.e., no in application). These systems have the is called patch shooting. This type of cables), made up of at least two types of ability to record continuous data. Inline seismic survey requires the use of nodes; one for the land and one for the receiver intervals for the node systems multiple vessels for cable layout/ intertidal and marine environment. For will be 50 m (165 ft). The nodes are pickup, recording, and sourcing. the land operator, a single-component deployed in patches for the seismic Operations begin by laying node lines sensor land node will be used (see source and deployed for up to 15 days. on the seafloor parallel to each other Figure 3 in Apache’s application); the with a node line spacing of

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approximately 402 m (1,320 ft). frequency of 35–50 kHz at a source level generate source positions for each of the Apache’s patch will have 6–8 node lines of 185 dB re 1 mPa at 1 m. two arrays close to a 50 m (165 ft) (receivers) that generally run Onshore/Intertidal Components: interval along each of the source lines perpendicular to the shoreline for Onshore and intertidal locating of in a patch. Vessel speeds range from 2– transition zones and parallel to the source and receivers will be 4 knots (2.3–4.6 miles/hour [mph]). The shoreline for offshore areas. The node accomplished with Differential Global source effort will average 8–12 hours lines will be separated by either 402 or Positioning System/roving units (DGPS/ per day. 503 m (1,320 or 1,650 ft). Inline spacing RTK) equipped with telemetry radios Each source line is approximately between nodes will be 50 m (165 ft). which will be linked to a base station 12.9 km (8 mi) long. A single vessel is The node vessels will lay the entire established on the M/V Arctic Wolf or capable of acquiring a source line in patch on the seafloor prior to the airgun similar vessel. Survey crews will have approximately 1 hour. With two source activity. Individual vessels are capable both helicopter and light tracked vehicle vessels operating simultaneously, a of carrying up to 400 nodes. With three support. Offshore sound sources and patch of approximately 3,900 source node vessels operating simultaneously, receivers will be positioned with an points can be acquired in a single day a patch can be laid down in a single 24- integrated navigation system utilizing assuming a 10–12 hour source effort. hour period, weather permitting. A DGPS/RTK link to the land located base When the data from the patch of nodes sample transition zone patch is depicted stations. The integrated navigation have been acquired, the node vessels in Figure 5 in Apache’s application. A system will be capable of many features pick up the patch and roll it to the next sample offshore patch is depicted in that are critical to efficient safe location. The pickup effort takes Figure 6 in Apache’s application. operations. The system will include a approximately 18 hours. As the patches are acquired, the node hazard display system that can be Onshore/Intertidal Components: The lines will be moved either side-to-side loaded with known obstructions or onshore source effort will be shot holes. or inline to the next patch’s location. exclusion zones. Typically the vessel These holes are drilled every 50 m (165 Figure 7 in Apache’s application depicts displays are also loaded with the day- ft) along source lines which are multiple side-to-side patches that are to-day operational hazards, buoys, etc. orientated perpendicular to the receiver acquired individually but when seamed This display gives a quick reference lines and parallel to the coast. To access together at the processing phase, create when a potential question regarding the onshore drill sites, Apache would continuous coverage along the coastline. positioning or tracking arises. In the use a combination of helicopter portable case of inclement weather, the hazard and tracked vehicle drills. At each (2) Sensor Positioning display can and has been used to vector source location, Apache will drill to the Transition Zone/Offshore vessels to safety. prescribed hole depth of approximately Components: Once the nodes are in 10 m (35 ft) and load it with 4 kilograms place on the seafloor, the exact position (3) Seismic Source (kg) (8.8 pounds [lbs]) of explosive of each node is required. There are Transition Zone/Offshore (likely Orica OSX Pentolite Explosive). several techniques used to locate the Components: Apache proposes to use The hole will be capped with a ‘‘smart nodes on the seafloor, depending on the two synchronized source vessels in cap’’ that will make it impossible to depth of the water. In very shallow time. The source vessels, M/V Peregrine detonate the explosive without the water, the node positions are either Falcon and the M/V Arctic Wolf (or proper blaster. At the request of NMFS, surveyed by a land surveyor when the similar vessels), will be equipped with Apache conducted sound source tide is low, or the position is accepted compressors and 2,400 in3 airgun arrays verification (SSV) of the onshore shot based on the position at which the (1,200 in3, if feasible). The M/V hole to determine if underwater navigator has laid the unit. Peregrine Falcon, or similar, will be received sound levels exceeded the In deeper water, a technique known equipped with a 440 in3 shallow water NMFS thresholds for harassment. The as Ultra-Short Baseline (USBL) will be source, which it can deploy at high tide results of the SSV confirmed received used. This technique uses a hull or pole in the intertidal area in less than 1.8 m sound levels in the water are not mounted pinger to send a signal to a (6 ft) of water. Most of the airgun sound expected to exceed NMFS’s MMPA transponder which is attached to each energy is contained at frequencies below harassment thresholds (see Appendix A node. The transponders are coded, and approximately 500 Hz. The modeled of Apache’s application), therefore, the crew knows which transponder goes broadband source level for the array was onshore sources are not discussed with which node prior to the layout. 251 dB re 1uPa peak and 238 dB re 1 further in this application. However, in The transponder’s response (once mPa rms. Source lines are oriented the event that the planned charge depth pinged) is added together with several perpendicular to the node lines and of 10 m (33 ft) is unattainable due to other responses to create a suite of parallel to the beach (see red lines on loose sediments collapsing the bore ranges and bearings between the pinger Figure 5 in Apache’s application). The hole, then an SSV will be conducted on boat and the node. Those data are then two source vessels will traverse source the new land-based charge depths to calculated to precisely position the lines of the same patch using a shooting determine if they are within NMFS node. In good conditions, the nodes can technique called ping/pong. The ping/ thresholds. be interrogated as they are laid out. It is pong methodology will have the first also common for the nodes to be pinged source boat commence the source effort. Description of Marine Mammals in the after they have been laid out. The pinger As the first airgun pop is initiated, the Area of the Specified Activity that will be used is a Sonardyne second gun boat is sent a command and The marine mammal species under Shallow Water Cable Positioning begins a countdown to pop its guns 12 NMFS’s jurisdiction that could occur system. The two instruments used are a seconds later than the first vessel. The near operations in Cook Inlet include Scout USBL Transceiver that operates at first source boat would then take its four cetacean species: beluga whale a frequency of 33–55 kilohertz (kHz) at second pop 12 seconds after the second (Delphinapterus leucas), killer whale a max source level of 188 decibels vessel has popped and so on. The (Orcinus orca), harbor porpoise referenced to one micro Pascal (dB re 1 vessels try to manage their speed so that (Phocoena phocoena), and gray whale mPa) at 1 m; and a LR USBL they cover approximately 50 m (165 ft) (Eschrichtius robustus) and two Transponder that operates at a between pops. The objective is to pinniped species: harbor seal (Phoca

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vitulina richardsi) and Steller sea lions Cook Inlet, their occurrence is (Steller sea lions are divided into two (Eumetopias jubatus). The marine considered rare in that portion of the distinct population segments (DPSs), an mammal species that is likely to be Inlet. eastern and a western DPS; the relevant encountered most widely (in space and Of the six marine mammal species DPS in Cook Inlet is the western DPS). time) throughout the period of the likely to occur in the proposed marine The eastern DPS was recently removed planned surveys is the harbor seal. survey area, Cook Inlet beluga whales from the endangered species list (78 FR While killer and gray whales and Steller and one stock of Steller sea lions are 66139, November 4, 2013)). sea lions have been sighted in upper listed as endangered under the ESA

TABLE 1—TABLE OF STOCKS EXPECTED TO OCCUR IN THE PROJECT AREA

ESA/ MMPA 1 Stock abundance (CV, Nmin, most Relative occurrence in Cook Inlet; Species Stock status; 2 Strategic recent abundance survey) season of occurrence. (Y/N)

Gray whale ...... Eastern North Pacific ...... -; N ...... 19,126 (0.071; 18,017; 2007) ...... Rare migratory visitor; late winter. Killer whale ...... Alaska Resident ...... -;N ...... 2,347 (N/A; 2,084; 2009) ...... Occasionally sighted in Lowe Cook Inlet. Gulf of Alaska, Aleutian Island, Ber- -:N ...... 345 (N/A; 303; 2003). ing Sea Transient. Beluga whale ...... Cook Inlet ...... E/D;Y .... 312 (0.10; 280; 2012) ...... Use upper Inlet in summer and lower in winter: annual. Harbor porpoise .... Gulf of Alaska ...... -;Y ...... 31,046 (0.214; 25,987; 1998) ...... Widespread in the Inlet: annual (less in winter). Steller sea lion ...... Western DPS ...... E/D;Y .... 79,300 (N/A; 45,659; 2012) ...... Primarily found in lower Inlet. Harbor seal ...... Alaska—Cook Inlet ...... -;N ...... 22,900 (0.053; 21,896; 2006) ...... Frequently found in upper and lower inlet; annual (more in northern Inlet in summer). 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the specie’s (or similar species’) life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the minimum abundance may represent actual counts of all animals ashore.

Pursuant to the ESA, critical habitat exploration seismic operations area is Data indicate that the Cook Inlet has been designated for Cook Inlet 5,684 km2, of which a smaller portion population of beluga whales (which was beluga whales and Steller sea lions. The would be surveyed over an eight to nine listed in 2008) has been decreasing at a proposed action falls within critical month period annually. Approximately rate of 0.6 percent annually between habitat designated in Cook Inlet for 711 km2 of Apache’s proposed seismic 2002 and 2012 (Allen and Angliss, beluga whales but is not within critical survey area is in the designated beluga 2014). One review of the status of the habitat designated for Steller sea lions. whale Critical Habitat Area 1 and population indicated that there is an On April 11, 2011, NMFS announced approximately 4,200 km2 is in the 80% chance that the population will the two areas of beluga whale critical designated beluga whale Critical Habitat decline further (Hobbs and Shelden, habitat (76 FR 20180) comprising 7,800 Area 2. 2008). km2 (3,013 mi2) of marine habitat. There are several species of Cook Inlet beluga whales reside in Designated beluga whale Critical Habitat mysticetes that have been observed Cook Inlet year-round although their Area 1 consists of 1,909 km2 of Cook infrequently in lower Cook Inlet, distribution and density changes Inlet, north of Three Mile Creek and including minke whale (Balaenoptera seasonally. Factors that are likely to Point Possession. Critical Habitat Area 1 acutorostrata), humpback whale influence beluga whale distribution contains shallow tidal flats or mudflats (Megaptera novaeangliae), and fin within the inlet include prey and mouths of rivers that provide whale (Balaenoptera physalus). Because availability, predation pressure, sea-ice important areas for foraging, calving, of their infrequent occurrence in the cover and other environmental factors, molting, and escape from predators. location of seismic acquisition, they are reproduction, sex and age class, and High concentrations of beluga whales not included in this proposed rule. Sea human activities (Rugh et al., 2000; are often observed in these areas from otters also occur in Cook Inlet. However, NMFS 2008). Seasonal movement and spring through fall. Critical Habitat Area sea otters are managed by the U.S. Fish density patterns as well as site fidelity 2 consists of 5,891 km2 located south of and Wildlife Service and are therefore appear to be closely linked to prey Critical Habitat Area 1 and includes not considered further in this proposed availability, coinciding with seasonal nearshore areas along western Cook rule. salmon and eulachon concentrations Inlet and Kachemak Bay. Critical Cetaceans (Moore et al., 2000). For example, Habitat Area 2 consists of known fall during spring and summer, beluga and winter foraging and transit habitat 1. Beluga Whales whales are generally concentrated near for beluga whales, as well as spring and Despite the ESA listing and critical the warmer waters of river mouths summer habitat for smaller habitat designations already mentioned, where prey availability is high and concentrations of beluga whales. Cook Inlet beluga whales have not made predator occurrence is low (Huntington Apache’s total proposed oil and gas significant progress towards recovery. 2000; Moore et al., 2000). During the

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winter (November to April), belugas al. (2006, 2008). Eleven killer whale overall numbers are still unknown at disperse throughout the upper and mid- strandings have been reported in this time. inlet areas, with animals found between Turnagain Arm, six in May 1991 and 4. Gray Whale Kalgin Island and Point Possession five in August 1993. NMFS aerial survey (Rugh et al., 2000). During these data spanning 13 years conducted in Numbers of gray whales in Cook Inlet months, there are generally fewer June each year have reported sightings are small compared to the overall observations of beluga whales in the ranging from 0 to 33 whales in a single population (18,017 individuals). Anchorage and Knik Arm area (NMML year. Sightings data can be found in However, Apache marine mammal 2004; Rugh et al., 2004). Table 5 of Apache’s application. observers recorded nine sightings of Beluga whales use several areas of the Therefore, very few killer whales, if any, nine individuals (including possible upper Cook Inlet for repeated summer are expected to approach or be in the resights of the same animals) from May- and fall feeding. The primary hotspots vicinity of the action area. July 2012. Of those sightings, seven for beluga feeding include the Big and were observed from project vessels, and Little Susitna rivers, Eagle Bay to 3. Harbor Porpoise two were observed from land-based Eklutna River, Ivan Slough, Theodore Previously estimated density for observation stations. The eastern North River, Lewis River, and Chickaloon harbor porpoises in Cook Inlet is 7.2 per Pacific gray whales observed in Cook River and Bay (NMFS, 2008). 1,000 km2 (Dahlheim et al., 2000), Inlet are likely migrating to summer Availability of prey species appears to suggesting that only a small number use feeding grounds in the Bering, Chukchi, be the most influential environmental Cook Inlet. Data from NMFS aerial and Beaufort Seas, though a small variable affecting Cook Inlet beluga surveys (Table 5 in Apache’s number feed along the coast between whale distribution and relative application) flown annually in June Kodiak Island and northern California abundance (Moore et al., 2000). The from 2000–2012 sighted anywhere from (Matkin, 2009; Carretta et al., 2014). patterns and timing of eulachon and 0 to 100 porpoises in a single season. NMFS aerial surveys flown annually in salmon runs have a strong influence on The densities derived from this data June have not sighted a gray whale beluga whale feeding behavior and their range from 0 to 0.014 animals per km2. during survey season since 2001. seasonal movements (Nemeth et al., Harbor porpoise have been reported in Occurrences in the seismic survey area 2007; NMFS, 2008). The presence of lower Cook Inlet from Cape Douglas to (especially in the upper parts of the prey species may account for the the West Foreland, Kachemak Bay, and Inlet) are expected to be low. offshore (Rugh et al., 2005). Small seasonal changes in beluga group size Pinnipeds and composition (Moore et al., 2000). numbers of harbor porpoises have been Aerial and vessel-based monitoring consistently reported in upper Cook Two species of pinnipeds may be conducted by Apache during the March Inlet between April and October, but encountered in Cook Inlet: Harbor seal 2011 2D test program in Cook Inlet more recent observations have recorded and Steller sea lion. reported 33 beluga sightings. One of the higher numbers (Prevel Ramos et al., 1. Harbor Seals sightings was of a large group (∼25 2008). Prevel Ramos et al. (2008) individuals on March 27, 2011) of reported 17 harbor porpoises from Harbor seals inhabit the coastal and feeding/milling belugas near the mouth spring to fall 2006, while other studies estuarine waters of Cook Inlet. of the Drift River. If belugas are present reported 14 in the spring of 2007 Historically, harbor seals have been during the late summer/early fall, they (Brueggeman et al. 2007) and 12 in the more abundant in lower Cook Inlet than are more likely to occur in shallow areas fall of 2007 (Brueggeman et al. 2008). in upper Cook Inlet (Rugh et al. near river mouths in upper Cook Inlet. During the spring and fall of 2007, 129 2005a,b). Harbor seals are non- For example, no beluga whales were harbor porpoises were reported between migratory; their movements are sighted in Trading Bay during the SSV Granite Point and the Susitna River; associated with tides, weather, season, conducted in September 2011 because however, the reason for the increase in food availability, and reproduction. The during that time of year they are more numbers of harbor porpoise in the upper major haulout sites for harbor seals are likely to be in the upper regions of Cook Cook Inlet remains unclear and the located in lower Cook Inlet, and their Inlet. disparity between this result and past presence in the upper inlet coincides sightings suggests that it may be an with seasonal runs of prey species. For 2. Killer Whales anomaly. The spike in reported example, harbor seals are commonly In general, killer whales are rare in sightings occurred in July, which was observed along the Susitna River and upper Cook Inlet. Transient killer followed by sightings of 79 harbor other tributaries along upper Cook Inlet whales are known to feed on beluga porpoises in August, 78 in September, during the eulachon and salmon whales, and resident killer whales are and 59 in October 2007. It is important migrations (NMFS, 2003). During aerial known to feed on anadromous fish to note that the number of porpoises surveys of upper Cook Inlet in 2001, (Shelden et al., 2003). The availability counted more than once was unknown, 2002, and 2003, harbor seals were of these prey species largely determines which suggests that the actual numbers observed 24 to 96 km (15 to 60 mi) the likeliest times for killer whales to be are likely smaller than those reported. In south-southwest of Anchorage at the in the area. Between 1993 and 2004, 23 2012, Apache marine mammal observers Chickaloon, Little Susitna, Susitna, sightings of killer whales were reported recorded 137 sightings of 190 estimated Ivan, McArthur, and Beluga Rivers in the lower Cook Inlet during aerial individuals; a similar count to the 2007 (Rugh et al., 2005). NMFS aerial surveys surveys by Rugh et al. (2005). Surveys spike previously observed. In addition, flown in June have reported sightings conducted over a span of 20 years by recent passive acoustic research in Cook ranging from 956 to 2037 harbor seals Shelden et al. (2003) reported 11 Inlet by the Alaska Department of Fish over the course of surveys from 2000 to sightings in upper Cook Inlet between and Game and the National Marine 2012. Apache aerial observers recorded Turnagain Arm, Susitna Flats, and Knik Mammal Laboratory have indicated that approximately 900 harbor seals north of Arm. No killer whales were spotted harbor porpoises occur in the area more the Forelands in 2012 (Lomac-MacNair during surveys by Funk et al. (2005), frequently than previously thought, et al., 2013). Moreover, preliminary Ireland et al. (2005), Brueggeman et al. particularly in the West Foreland area in reports from Apache’s 2014 vessel, (2007a, 2007b, 2008), or Prevel Ramos et the spring (NMFS 2011); however aerial, and land observations suggest

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harbor seals may be more abundant analyzed western Steller sea lion ‘‘Estimated Take by Incidental north of the Forelands than previously population trends in Alaska and noted Harassment’’ section, the ‘‘Proposed understood. During the 2D test program that there was strong evidence that non- Mitigation’’ section, and the in March 2011, two harbor seals were pup counts in the western stock in ‘‘Anticipated Effects on Marine Mammal observed by vessel-based PSOs. On Alaska increased between 2000 and Habitat’’ section to draw conclusions March 25, 2011, one harbor seal was 2012 (average rate of 1.67 percent regarding the likely impacts of this observed approximately 400 m (0.2 mi) annually). However, there continues to activity on the reproductive success or from the M/V Miss Diane. At the time be considerable regional variability in survivorship of individuals and from of the observation, the vessel was recent trends across the range in Alaska, that on the affected marine mammal operating the positioning pinger, and with strong evidence of a positive trend populations or stocks. PSOs instructed the operator to east of Samalga Pass and strong Operating active acoustic sources, implement a shut-down. The pinger was evidence of a decreasing trend to the such as airgun arrays, has the potential shut down for 30 minutes while PSOs west (Allen and Angliss, 2014). for adverse effects on marine mammals. monitored the area and re-started the Steller sea lions primarily occur in The majority of anticipated impacts device when the animal was not sighted lower, rather than upper Cook Inlet and would be from the use of acoustic again during the 30 minute site clearing are rarely sighted north of Nikiski on the sources. protocol. No unusual behaviors were Kenai Peninsula. NMFS aerial surveys Acoustic Impacts reported during the time the animal was conducted in June, primarily in lower observed. The second harbor seal was Cook Inlet, have sighted 0 to 104 When considering the influence of observed on March 26, 2011, by vessel- Stellers during survey seasons ranging various kinds of sound on the marine based PSO onboard the M/V from 2000 to 2012. Haul-outs and environment, it is necessary to Dreamcatcher approximately 4,260 m rookeries are located near Cook Inlet at understand that different kinds of (2.6 mi) from the source vessel, which Gore Point, Elizabeth Island, Perl Island, marine life are sensitive to different was operating the 10 in3 airgun at the and Chugach Island (NMFS, 2008). No frequencies of sound. Based on available time. NMFS and Apache do not Steller sea lion haul-outs or rookeries behavioral data, audiograms have been anticipate encountering large haulouts are located in the vicinity of the derived using auditory evoked of seals (the closest haulout site to the proposed seismic survey. Furthermore, potentials, anatomical modeling, and action area is located on Kalgin Island, no sightings of Steller sea lions were other data. Southall et al. (2007) which is approximately 22 km [14 mi] reported by Apache during the 2D test designate ‘‘functional hearing groups’’ south of the McArthur River), but we do program in March 2011. During the 3D for marine mammals and estimate the expect to see curious individual harbor seismic survey, one Steller sea lion was lower and upper frequencies of seals; especially during large fish runs observed from the M/V Dreamcatcher functional hearing of the groups. The in the various rivers draining into Cook on August 18, 2012, during a period functional groups and the associated Inlet. when the air guns were not active. frequencies are indicated below (note Important harbor seal life functions, Although Apache has requested takes of that animals are less sensitive to sounds such as breeding and molting may occur Steller sea lions, Steller sea lions would at the outer edge of their functional within portions of Apache’s proposed be rare in the action area during seismic range and most sensitive to sounds of survey area in June and August, but the survey operations. frequencies within a smaller range co-occurrence is expected to be Apache’s application contains more somewhere in the middle of their minimal. From November through information on the status, distribution, functional hearing range): January, harbor seals leave Cook Inlet to seasonal distribution, and abundance of • Low frequency cetaceans (13 forage in Shelikof Strait (Boveng et al., each of the species under NMFS species of mysticetes): Functional 2007). jurisdiction mentioned in this hearing is estimated to occur between document. Please refer to the 2. Steller Sea Lion approximately 7 Hz and 30 kHz; application for that information (see • Mid-frequency cetaceans (32 Two separate stocks of Steller sea ADDRESSES). Additional information can species of dolphins, six species of larger lions are recognized within U.S. waters: also be found in the NMFS Stock toothed whales, and 19 species of An eastern DPS, which includes Assessment Reports (SAR). The Alaska beaked and bottlenose whales): animals east of Cape Suckling, Alaska; 2013 SAR is available on the Internet at: Functional hearing is estimated to occur and a western DPS, which includes http://www.nmfs.noaa.gov/pr/sars/pdf/ between approximately 150 Hz and 160 animals west of Cape Suckling (NMFS, ak2013_final.pdf. kHz; 2008). Individuals in Cook Inlet are • High frequency cetaceans (eight considered part of the western DPS, Potential Effects of the Specified Activity on Marine Mammals species of true porpoises, six species of which is listed as endangered under the river dolphins, Kogia, the franciscana, ESA. This section includes a summary and and four species of cephalorhynchids): Regional variation in trends in Steller discussion of the ways that components Functional hearing is estimated to occur sea lion pup counts in 2000–2012 is (e.g., seismic airgun operations, vessel between approximately 200 Hz and 180 similar to that of non-pup counts movement) of the specified activity, kHz; (Johnson and Fritz, 2014). Overall, there including mitigation, may impact • Phocid pinnipeds in Water: is strong evidence that pup counts in marine mammals. The ‘‘Estimated Take Functional hearing is estimated to occur the western stock in Alaska increased by Incidental Harassment’’ section later between approximately 75 Hz and 100 (1.45 percent annually). Between 2004 in this document will include a kHz; and and 2008, Alaska western non-pup quantitative analysis of the number of • Otariid pinnipeds in Water: counts increased only 3%: Eastern Gulf individuals that are expected to be taken Functional hearing is estimated to occur of Alaska (Prince William Sound area) by this activity. The ‘‘Negligible Impact between approximately 100 Hz and 40 counts were higher and Kenai Peninsula Analysis’’ section will include the kHz. through Kiska Island counts were stable, analysis of how this specific activity As mentioned previously in this but western Aleutian counts continued will impact marine mammals and will document, six marine mammal species to decline. Johnson and Fritz (2014) consider the content of this section, the (four cetacean and two pinniped

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species) are likely to occur in the array’s operational status (i.e., active vessels operating large airgun systems. proposed seismic survey area. Of the versus silent). However, some dolphins seem to be four cetacean species likely to occur in Behavioral Disturbance: Marine attracted to the seismic vessel and Apache’s proposed project area, one is mammals may behaviorally react to floats, and some ride the bow wave of classified as a low-frequency cetacean sound when exposed to anthropogenic the seismic vessel even when large (gray whale), two are classified as mid- noise. These behavioral reactions are arrays of airguns are firing. Nonetheless, frequency cetaceans (i.e., beluga and often shown as: Changing durations of there have been indications that small killer whales), and one is classified as surfacing and dives, number of blows toothed whales sometimes move away a high-frequency cetacean (i.e., harbor per surfacing, or moving direction and/ or maintain a somewhat greater distance porpoise) (Southall et al., 2007). Of the or speed; reduced/increased vocal from the vessel when a large array of two pinniped species likely to occur in activities; changing/cessation of certain airguns is operating than when it is Apache’s proposed project area, one is behavioral activities (such as socializing silent (e.g., Goold, 1996a,b,c; classified as a phocid (i.e., harbor seal), or feeding); visible startle response or Calambokidis and Osmek, 1998; Stone, and one is classified as an otariid (i.e., aggressive behavior (such as tail/fluke 2003). The beluga may be a species that Steller sea lion). A species’s functional slapping or jaw clapping); avoidance of (at least in certain geographic areas) hearing group is a consideration when areas where noise sources are located; shows long-distance avoidance of we analyze the effects of exposure to and/or flight responses (e.g., pinnipeds seismic vessels. Aerial surveys during sound on marine mammals. flushing into water from haulouts or seismic operations in the southeastern rookeries). Beaufort Sea recorded much lower 1. Potential Effects of Airgun Sounds on The biological significance of many of sighting rates of beluga whales within Marine Mammals these behavioral disturbances is difficult 10–20 km (6.2–12.4 mi) of an active The effects of sounds from airgun to predict, especially if the detected seismic vessel. These results were pulses might include one or more of the disturbances appear minor. However, consistent with the low number of following: Tolerance, masking of natural the consequences of behavioral beluga sightings reported by observers sounds, behavioral disturbance, and modification have the potential to be aboard the seismic vessel, suggesting temporary or permanent hearing biologically significant if the change that some belugas might have been impairment or non-auditory effects affects growth, survival, or avoiding the seismic operations at (Richardson et al., 1995). As outlined in reproduction. Examples of behavioral distances of 10–20 km (6.2–12.4 mi) previous NMFS documents, the effects modifications that could impact growth, (Miller et al., 2005). of noise on marine mammals are highly survival or reproduction include: Captive bottlenose dolphins and (of • Drastic changes in diving/surfacing/ variable, often depending on species more relevance in this project) beluga swimming patterns that lead to and contextual factors (based on whales exhibit changes in behavior stranding (such as those associated with Richardson et al., 1995). when exposed to strong pulsed sounds beaked whale strandings related to similar in duration to those typically Tolerance: Numerous studies have exposure to military mid-frequency used in seismic surveys (Finneran et al., shown that pulsed sounds from air guns tactical sonar); 2002, 2005). However, the animals are often readily detectable in the water • Habitat abandonment (temporary or tolerated high received levels of sound at distances of many kilometers. permanent) due to loss of desirable (pk–pk level >200 dB re 1 mPa) before Numerous studies have also shown that acoustic environment; and exhibiting aversive behaviors. marine mammals at distances more than • Disruption of feeding or social Observers stationed on seismic a few kilometers from operating survey interaction resulting in significant vessels operating off the United vessels often show no apparent energetic costs, inhibited breeding, or Kingdom from 1997–2000 have response. That is often true even in cow-calf separation. provided data on the occurrence and cases when the pulsed sounds must be The onset of behavioral disturbance behavior of various toothed whales readily audible to the animals based on from anthropogenic noise depends on exposed to seismic pulses (Stone, 2003; measured received levels and the both external factors (characteristics of Gordon et al., 2004). Killer whales were hearing sensitivity of that mammal noise sources and their paths) and the found to be significantly farther from group. In general, pinnipeds and small receiving animals (hearing, motivation, large airgun arrays during periods of odontocetes (toothed whales) seem to be experience, demography) and is also shooting compared with periods of no more tolerant of exposure to air gun difficult to predict (Southall et al., shooting. The displacement of the pulses than baleen whales. Although 2007). median distance from the array was various toothed whales, and (less Toothed whales. Few systematic data approximately 0.5 km (0.3 mi) or more. frequently) pinnipeds have been shown are available describing reactions of Killer whales also appear to be more to react behaviorally to airgun pulses toothed whales to noise pulses. tolerant of seismic shooting in deeper under some conditions, at other times, However, systematic work on sperm water. mammals of both types have shown no whales is underway (Tyack et al., 2003), Reactions of toothed whales to large overt reactions. Weir (2008) observed and there is an increasing amount of arrays of airguns are variable and, at marine mammal responses to seismic information about responses of various least for delphinids, seem to be confined pulses from a 24 airgun array firing a odontocetes to seismic surveys based on to a smaller radius than has been total volume of either 5,085 in3 or 3,147 monitoring studies (e.g., Stone, 2003; observed for mysticetes. However, based in3 in Angolan waters between August Smultea et al., 2004; Moulton and on the limited existing evidence, 2004 and May 2005. Weir recorded a Miller, 2005). belugas should not be grouped with total of 207 sightings of humpback Seismic operators and marine delphinids in the ‘‘less responsive’’ whales (n = 66), sperm whales (n = 124), mammal observers sometimes see category. and Atlantic spotted dolphins (n = 17) dolphins and other small toothed Pinnipeds. Pinnipeds are not likely to and reported that there were no whales near operating airgun arrays, show a strong avoidance reaction to the significant differences in encounter but, in general, there seems to be a airgun sources proposed for use. Visual rates (sightings/hr) for humpback and tendency for most delphinids to show monitoring from seismic vessels has sperm whales according to the airgun some limited avoidance of seismic shown only slight (if any) avoidance of

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airguns by pinnipeds and only slight (if signals can disturb the behavior of even in the presence of strong any) changes in behavior. Monitoring individual animals, groups of animals, background noise because their work in the Alaskan Beaufort Sea during or entire populations. frequency content and temporal features 1996–2001 provided considerable Masking occurs when anthropogenic usually differ strongly from those of the information regarding the behavior of sounds and signals (that the animal background noise (Au and Moore, 1988, Arctic ice seals exposed to seismic utilizes) overlap at both spectral and 1990). The components of background pulses (Harris et al., 2001; Moulton and temporal scales. For the airgun sound noise that are similar in frequency to the Lawson, 2002). These seismic projects generated from the proposed seismic sound signal in question primarily usually involved arrays of 6 to 16 surveys, sound will consist of low determine the degree of masking of that airguns with total volumes of 560 to frequency (under 500 Hz) pulses with signal. 1,500 in3. The combined results suggest extremely short durations (less than one Redundancy and context can also that some seals avoid the immediate second). Lower frequency man-made facilitate detection of weak signals. area around seismic vessels. In most sounds are more likely to affect These phenomena may help marine survey years, ringed seal sightings detection of communication calls and mammals detect weak sounds in the tended to be farther away from the other potentially important natural presence of natural or manmade noise. seismic vessel when the airguns were sounds such as surf and prey noise. Most masking studies in marine operating than when they were not There is little concern regarding mammals present the test signal and the (Moulton and Lawson, 2002). However, masking near the sound source due to masking noise from the same direction. these avoidance movements were the brief duration of these pulses and The sound localization abilities of relatively small, on the order of 100 m relatively longer silence between air gun marine mammals suggest that, if signal (328 ft) to a few hundreds of meters, and shots (approximately 12 seconds). and noise come from different many seals remained within 100–200 m However, at long distances (over tens of directions, masking would not be as (328–656 ft) of the trackline as the kilometers away), due to multipath severe as the usual types of masking operating airgun array passed by. Seal propagation and reverberation, the studies might suggest (Richardson et al., sighting rates at the water surface were durations of airgun pulses can be 1995). The dominant background noise lower during airgun array operations ‘‘stretched’’ to seconds with long decays may be highly directional if it comes than during no-airgun periods in each (Madsen et al., 2006), although the from a particular anthropogenic source survey year except 1997. Similarly, seals intensity of the sound is greatly such as a ship or industrial site. are often very tolerant of pulsed sounds reduced. Directional hearing may significantly from seal-scaring devices (Mate and This could affect communication reduce the masking effects of these Harvey, 1987; Jefferson and Curry, 1994; signals used by low frequency sounds by improving the effective mysticetes when they occur near the Richardson et al., 1995a). However, signal-to-noise ratio. In the cases of noise band and thus reduce the initial telemetry work suggests that higher frequency hearing by the communication space of animals (e.g., avoidance and other behavioral bottlenose dolphin, beluga whale, and Clark et al., 2009) and cause increased reactions by two other species of seals killer whale, empirical evidence stress levels (e.g., Foote et al., 2004; Holt to small airgun sources may at times be confirms that masking depends strongly et al., 2009); however, no baleen whales stronger than evident to date from visual on the relative directions of arrival of are expected to occur within the studies of pinniped reactions to airguns sound signals and the masking noise proposed action area. Marine mammals (Penner et al., 1986; Dubrovskiy, 1990; (Thompson et al., 1998). Even if are thought to be able to compensate for Bain et al., 1993; Bain and Dahlheim, reactions of the species occurring in the masking by adjusting their acoustic 1994). Toothed whales, and probably present study area are as strong as those behavior by shifting call frequencies, other marine mammals as well, have evident in the telemetry study, reactions and/or increasing call volume and additional capabilities besides are expected to be confined to relatively vocalization rates. For example, blue directional hearing that can facilitate small distances and durations, with no whales are found to increase call rates detection of sounds in the presence of long-term effects on pinniped when exposed to seismic survey noise background noise. There is evidence individuals or populations. in the St. Lawrence Estuary (Di Iorio that some toothed whales can shift the Masking: Masking is the obscuring of and Clark, 2010). The North Atlantic dominant frequencies of their sounds of interest by other sounds, often right whales (Eubalaena glacialis) echolocation signals from a frequency at similar frequencies. Marine mammals exposed to high shipping noise increase range with a lot of ambient noise toward use acoustic signals for a variety of call frequency (Parks et al., 2007), while frequencies with less noise (Au et al., purposes, which differ among species, some humpback whales respond to low- 1974, 1985; Moore and Pawloski, 1990; but include communication between frequency active sonar playbacks by Thomas and Turl, 1990; Romanenko individuals, navigation, foraging, increasing song length (Miller et al., and Kitain, 1992; Lesage et al., 1999). A reproduction, avoiding predators, and 2000). Additionally, beluga whales have few marine mammal species are known learning about their environment (Erbe been known to change their to increase the source levels or alter the and Farmer, 2000; Tyack, 2000). vocalizations in the presence of high frequency of their calls in the presence Masking, or auditory interference, background noise possibly to avoid of elevated sound levels (Dahlheim, generally occurs when sounds in the masking calls (Au et al., 1985; Lesage et 1987; Au, 1993; Lesage et al., 1993, environment are louder than, and of a al., 1999; Scheifele et al., 2005). 1999; Terhune, 1999; Foote et al., 2004; similar frequency to, auditory signals an Although some degree of masking is Parks et al., 2007, 2009; Di Iorio and animal is trying to receive. Masking is inevitable when high levels of manmade Clark, 2009; Holt et al., 2009). a phenomenon that affects animals broadband sounds are introduced into These data demonstrating adaptations trying to receive acoustic information the sea, marine mammals have evolved for reduced masking pertain mainly to about their environment, including systems and behavior that function to the very high frequency echolocation sounds from other members of their reduce the impacts of masking. signals of toothed whales. There is less species, predators, prey, and sounds Structured signals, such as the information about the existence of that allow them to orient in their echolocation click sequences of small corresponding mechanisms at moderate environment. Masking these acoustic toothed whales, may be readily detected or low frequencies or in other types of

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marine mammals. For example, Zaitseva the amount of TS, along with the the context in which it is experienced, et al. (1980) found that, for the recovery time. For intermittent sounds, TTS can have effects on marine bottlenose dolphin, the angular less TS could occur than compared to a mammals ranging from discountable to separation between a sound source and continuous exposure with the same serious (similar to those discussed in a masking noise source had little effect energy (some recovery could occur auditory masking, below). For example, on the degree of masking when the between intermittent exposures a marine mammal may be able to readily sound frequency was 18 kHz, in contrast depending on the duty cycle between compensate for a brief, relatively small to the pronounced effect at higher sounds) (Kryter et al., 1966; Ward, amount of TTS in a non-critical frequencies. Directional hearing has 1997). For example, one short but loud frequency range that occurs during a been demonstrated at frequencies as low (higher SPL) sound exposure may time where ambient noise is lower and as 0.5–2 kHz in several marine induce the same impairment as one there are not as many competing sounds mammals, including killer whales longer but softer sound, which in turn present. Alternatively, a larger amount (Richardson et al., 1995a). This ability may cause more impairment than a and longer duration of TTS sustained may be useful in reducing masking at series of several intermittent softer during time when communication is these frequencies. In summary, high sounds with the same total energy critical for successful mother/calf levels of sound generated by (Ward, 1997). Additionally, though TTS interactions could have more serious anthropogenic activities may act to is temporary, prolonged exposure to impacts. Also, depending on the degree mask the detection of weaker sounds strong enough to elicit TTS, or and frequency range, the effects of PTS biologically important sounds by some shorter-term exposure to sound levels on an animal could range in severity, marine mammals. This masking may be well above the TTS threshold, can cause although it is considered generally more more prominent for lower frequencies. PTS, at least in terrestrial mammals serious because it is a permanent For higher frequencies, such as that (Kryter, 1985). Although in the case of condition. Of note, reduced hearing used in echolocation by toothed whales, the seismic survey, animals are not sensitivity as a simple function of aging several mechanisms are available that expected to be exposed to levels high has been observed in marine mammals, may allow them to reduce the effects of enough or durations long enough to as well as humans and other taxa such masking. result in PTS. (Southall et al., 2007), so we can infer Threshold Shift (noise-induced loss of PTS is considered auditory injury that strategies exist for coping with this hearing)—When animals exhibit (Southall et al., 2007). Irreparable condition to some degree, though likely reduced hearing sensitivity (i.e., sounds damage to the inner or outer cochlear not without cost. must be louder for an animal to detect hair cells may cause PTS; however, Given the higher level of sound them) following exposure to an intense other mechanisms are also involved, necessary to cause PTS as compared sound or sound for long duration, it is such as exceeding the elastic limits of with TTS, it is considerably less likely referred to as a noise-induced threshold certain tissues and membranes in the that PTS would occur during the shift (TS). An animal can experience middle and inner ears and resultant proposed seismic surveys in Cook Inlet. temporary threshold shift (TTS) or changes in the chemical composition of Cetaceans generally avoid the permanent threshold shift (PTS). TTS the inner ear fluids (Southall et al., immediate area around operating can last from minutes or hours to days 2007). seismic vessels, as do some other (i.e., there is complete recovery), can Although the published body of marine mammals. Some pinnipeds occur in specific frequency ranges (i.e., scientific literature contains numerous show avoidance reactions to airguns, an animal might only have a temporary theoretical studies and discussion but their avoidance reactions are loss of hearing sensitivity between the papers on hearing impairments that can generally not as strong or consistent as frequencies of 1 and 10 kHz), and can occur with exposure to a loud sound, those of cetaceans, and occasionally be of varying amounts (for example, an only a few studies provide empirical they seem to be attracted to operating animal’s hearing sensitivity might be information on the levels at which seismic vessels (NMFS, 2010). reduced initially by only 6 dB or noise-induced loss in hearing sensitivity Non-auditory Physical Effects: Non- reduced by 30 dB). PTS is permanent, occurs in nonhuman animals. For auditory physical effects might occur in but some recovery is possible. PTS can marine mammals, published data are marine mammals exposed to strong also occur in a specific frequency range limited to the captive bottlenose underwater pulsed sound. Possible and amount as mentioned above for dolphin, beluga, harbor porpoise, and types of non-auditory physiological TTS. Yangtze finless porpoise (Finneran et effects or injuries that theoretically The following physiological al., 2000, 2002b, 2003, 2005a, 2007, might occur in mammals close to a mechanisms are thought to play a role 2010a, 2010b; Finneran and Schlundt, strong sound source include stress, in inducing auditory TS: Effects to 2010; Lucke et al., 2009; Mooney et al., neurological effects, bubble formation, sensory hair cells in the inner ear that 2009a, 2009b; Popov et al., 2011a, and other types of organ or tissue reduce their sensitivity, modification of 2011b; Kastelein et al., 2012a; Schlundt damage. Some marine mammal species the chemical environment within the et al., 2000; Nachtigall et al., 2003, (i.e., beaked whales) may be especially sensory cells, residual muscular activity 2004). For pinnipeds in water, data are susceptible to injury and/or stranding in the middle ear, displacement of limited to measurements of TTS in when exposed to strong pulsed sounds. certain inner ear membranes, increased harbor seals, an elephant seal, and Classic stress responses begin when blood flow, and post-stimulatory California sea lions (Kastak et al., 1999, an animal’s central nervous system reduction in both efferent and sensory 2005; Kastelein et al., 2012b). perceives a potential threat to its neural output (Southall et al., 2007). Marine mammal hearing plays a homeostasis. That perception triggers The amplitude, duration, frequency, critical role in communication with stress responses regardless of whether a temporal pattern, and energy conspecifics, and interpretation of stimulus actually threatens the animal; distribution of sound exposure all can environmental cues for purposes such the mere perception of a threat is affect the amount of associated TS and as predator avoidance and prey capture. sufficient to trigger a stress response the frequency range in which it occurs. Depending on the degree (elevation of (Moberg, 2000; Sapolsky et al., 2005; As amplitude and duration of sound threshold in dB), duration (i.e., recovery Seyle, 1950). Once an animal’s central exposure increase, so, generally, does time), and frequency range of TTS, and nervous system perceives a threat, it

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mounts a biological response or defense other biotic functions, which impair and behavioral stress responses that that consists of a combination of the those functions that experience the accompanied damage to the inner ears four general biological defense diversion. For example, when mounting of fish and several mammals. responses: behavioral responses; a stress response diverts energy away Hearing is one of the primary senses autonomic nervous system responses; from growth in young animals, those marine mammals use to gather neuroendocrine responses; or immune animals may experience stunted growth. information about their environment responses. When mounting a stress response and communicate with conspecifics. In the case of many stressors, an diverts energy from a fetus, an animal’s Although empirical information on the animal’s first and most economical (in reproductive success and fitness will effects of sensory impairment (TTS, terms of biotic costs) response is suffer. In these cases, the animals will PTS, and acoustic masking) on marine behavioral avoidance of the potential have entered a pre-pathological or mammals remains limited, we assume stressor or avoidance of continued pathological state which is called that reducing a marine mammal’s ability exposure to a stressor. An animal’s ‘‘distress’’ (sensu Seyle, 1950) or to gather information about its second line of defense to stressors ‘‘allostatic loading’’ (sensu McEwen and environment and communicate with involves the sympathetic part of the Wingfield, 2003). This pathological state other members of its species would autonomic nervous system and the will last until the animal replenishes its induce stress, based on data that classical ‘‘fight or flight’’ response, biotic reserves sufficient to restore terrestrial animals exhibit those which includes the cardiovascular normal function. Note that these responses under similar conditions system, the gastrointestinal system, the examples involved a long-term (days or (NRC, 2003) and because marine exocrine glands, and the adrenal weeks) stress response due to exposure mammals use hearing as their primary medulla to produce changes in heart to stimuli. sensory mechanism. Therefore, we rate, blood pressure, and gastrointestinal Relationships between these assume that acoustic exposures activity that humans commonly physiological mechanisms, animal sufficient to trigger onset PTS or TTS associate with ‘‘stress.’’ These responses behavior, and the costs of stress would be accompanied by physiological have a relatively short duration and may responses have also been documented stress responses. However, marine or may not have significant long-term fairly well through controlled mammals also might experience stress effects on an animal’s welfare. experiment; because this physiology responses at received levels lower than An animal’s third line of defense to exists in every vertebrate that has been those necessary to trigger onset TTS. stressors involves its neuroendocrine or studied, it is not surprising that stress Based on empirical studies of the time sympathetic nervous systems; the responses and their costs have been required to recover from stress system that has received the most study documented in both laboratory and free- responses (Moberg, 2000), NMFS also has been the hypothalmus-pituitary- living animals (for examples see, assumes that stress responses could adrenal system (also known as the HPA Holberton et al., 1996; Hood et al., 1998; persist beyond the time interval axis in mammals or the hypothalamus- Jessop et al., 2003; Krausman et al., required for animals to recover from pituitary-interrenal axis in fish and 2004; Lankford et al., 2005; Reneerkens TTS and might result in pathological some reptiles). Unlike stress responses et al., 2002; Thompson and Hamer, and pre-pathological states that would associated with the autonomic nervous 2000). Although no information has be as significant as behavioral responses system, virtually all neuroendocrine been collected on the physiological to TTS. Resonance effects (Gentry, 2002) functions that are affected by stress— responses of marine mammals to and direct noise-induced bubble including immune competence, anthropogenic sound exposure, studies formations (Crum et al., 2005) are reproduction, metabolism, and of other marine animals and terrestrial implausible in the case of exposure to behavior—are regulated by pituitary animals would lead us to expect some an impulsive broadband source like an hormones. Stress-induced changes in marine mammals to experience airgun array. If seismic surveys disrupt the secretion of pituitary hormones have physiological stress responses and, diving patterns of deep-diving species, been implicated in failed reproduction perhaps, physiological responses that this might result in bubble formation (Moberg, 1987; Rivier, 1995), altered would be classified as ‘‘distress’’ upon and a form of the bends, as speculated metabolism (Elasser et al., 2000), exposure to anthropogenic sounds. to occur in beaked whales exposed to reduced immune competence (Blecha, For example, Jansen (1998) reported sonar. However, there is no specific 2000), and behavioral disturbance. on the relationship between acoustic evidence of this upon exposure to Increases in the circulation of exposures and physiological responses airgun pulses. Additionally, no beaked glucocorticosteroids (cortisol, that are indicative of stress responses in whale species occur in the proposed corticosterone, and aldosterone in humans (e.g., elevated respiration and seismic survey area. marine mammals; see Romano et al., increased heart rates). Jones (1998) In general, very little is known about 2004) have been equated with stress for reported on reductions in human the potential for strong, anthropogenic many years. performance when faced with acute, underwater sounds to cause non- The primary distinction between repetitive exposures to acoustic auditory physical effects in marine stress (which is adaptive and does not disturbance. Trimper et al. (1998) mammals. Such effects, if they occur at normally place an animal at risk) and reported on the physiological stress all, would presumably be limited to distress is the biotic cost of the responses of osprey to low-level aircraft short distances and to activities that response. During a stress response, an noise while Krausman et al. (2004) extend over a prolonged period. The animal uses glycogen stores that can be reported on the auditory and physiology available data do not allow quickly replenished once the stress is stress responses of endangered Sonoran identification of a specific exposure alleviated. In such circumstances, the pronghorn to military overflights. Smith level above which non-auditory effects cost of the stress response would not et al. (2004a, 2004b) identified noise- can be expected (Southall et al., 2007) pose a risk to the animal’s welfare. induced physiological transient stress or any meaningful quantitative However, when an animal does not have responses in hearing-specialist fish (i.e., predictions of the numbers (if any) of sufficient energy reserves to satisfy the goldfish) that accompanied short- and marine mammals that might be affected energetic costs of a stress response, long-term hearing losses. Welch and in those ways. There is no definitive energy resources must be diverted from Welch (1970) reported physiological evidence that any of these effects occur

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even for marine mammals in close not expect any marine mammals will applying the operational requirements proximity to large arrays of airguns. In incur serious injury or mortality in Cook discussed above, sound levels addition, marine mammals that show Inlet or strand as a result of the underwater are not expected to rise to behavioral avoidance of seismic vessels, proposed seismic survey. the level of take. including belugas and some pinnipeds, The majority of observations of 2. Potential Effects From Pingers on are especially unlikely to incur non- pinnipeds reacting to aircraft noise are Marine Mammals auditory impairment or other physical associated with animals hauled out on effects. Therefore, it is unlikely that Active acoustic sources other than the land or ice. There are few data such effects would occur during airguns have been proposed for describing the reactions of pinnipeds in Apache’s proposed surveys given the Apache’s 5-year oil and gas exploration water to aircraft (Richardson et al., brief duration of exposure and the seismic survey program in Cook Inlet. 1995). In the presence of aircraft, planned monitoring and mitigation The specifications for the pingers pinnipeds hauled out for pupping or measures described later in this (source levels and frequency ranges) molting generally became alert and then document. were provided earlier in this document. rushed or slipped (when on ice) into the Stranding and Mortality: Marine In general, pingers are known to cause water. Stampedes often result from this mammals close to underwater behavioral disturbance and are response and may increase pup detonations of high explosive can be commonly used to deter marine mortality due to crushing or an increase killed or severely injured, and the mammals from commercial fishing gear rate of pup abandonment. The greatest auditory organs are especially or fish farms. Due to the potential to reactions from hauled out pinnipeds susceptible to injury (Ketten et al. 1993; change marine mammal behavior, shut were observed when low flying aircraft Ketten 1995). Airgun pulses are less downs described for airguns will also be passed directly above the animal(s) energetic and their peak amplitudes applied to pinger use. (Richardson et al., 1995). Although have slower rise times. To date, there is 3. Potential Effects From Aircraft Noise noise associated with aircraft activity no evidence that serious injury, death, on Marine Mammals could cause hauled out pinnipeds to or stranding by marine mammals can rush into the water, there are no known occur from exposure to air gun pulses, Apache plans to utilize aircraft to haul out sites in the vicinity of the even in the case of large air gun arrays. conduct aerial surveys near river survey site. Therefore, the operation of However, in numerous past IHA mouths in order to identify locations or aircraft during the seismic survey is not notices for seismic surveys, commenters congregations of beluga whales and expected to result in the harassment of have referenced two stranding events other marine mammals prior to the pinnipeds. To minimize the noise allegedly associated with seismic commencement of operations. The generated by aircraft, Apache will activities, one off Baja California and a aircraft will not be used every day but follow NMFS’s Marine Mammal second off Brazil. NMFS has addressed will be used for surveys near river Viewing Guidelines and Regulations this concern several times, including in mouths. Aerial surveys will fly at an found on the Internet at: http:// the Federal Register notice announcing altitude of 305 m (1,000 ft) when www.alaskafisheries.noaa.gov/ the IHA for Apache’s first seismic practicable and weather conditions protectedresources/mmv/guide.htm. survey in 2012. Without new permit. In the event of a marine information, NMFS does not believe mammal sighting, aircraft will try to Vessel Impacts that this issue warrants further maintain a radial distance of 457 m Vessel activity and noise associated discussion. For information relevant to (1,500 ft) from the marine mammal(s). with vessel activity will temporarily strandings of marine mammals, readers Aircraft will avoid approaching marine increase in the action area during are encouraged to review NMFS’s mammals from head-on, flying over or Apache’s seismic survey as a result of response to comments on this matter passing the shadow of the aircraft over the operation of nine vessels. To found in 69 FR 74905 (December 14, the marine mammals. minimize the effects of vessels and 2004), 71 FR 43112 (July 31, 2006), 71 Studies on the reactions of cetaceans noise associated with vessel activity, FR 50027 (August 24, 2006), 71 FR to aircraft show little negative response Apache will follow NMFS’s Marine 49418 (August 23, 2006), and 77 FR (Richardson et al., 1995). In general, Mammal Viewing Guidelines and 27720 (May 11, 2012). reactions range from sudden dives and Regulations and will alter heading or It should be noted that strandings turns and are typically found to speed if a marine mammal gets too close related to sound exposure have not been decrease if the animals are engaged in to a vessel. In addition, vessels will be recorded for marine mammal species in feeding or social behavior. Whales with operating at slow speed (2–4 knots) Cook Inlet. Beluga whale strandings in calves or in confined waters may show when conducting surveys and in a Cook Inlet are not uncommon; however, more of a response. Generally there has purposeful manner to and from work these events often coincide with been little or no evidence of marine sites in as direct a route as possible. extreme tidal fluctuations (‘‘spring mammals responding to aircraft Marine mammal monitoring observers tides’’) or killer whale sightings overflights when altitudes are at or and passive acoustic devices will alert (Shelden et al., 2003). For example, in above 305 m (1,000 ft), based on three vessel captains as animals are detected August 2012, a group of Cook Inlet decades of flying experience in the to ensure safe and effective measures are beluga whales stranded in the mud flats Arctic (NMFS, unpublished data). Based applied to avoid coming into direct of Turnagain Arm during low tide and on long-term studies that have been contact with marine mammals. were able to swim free with the flood conducted on beluga whales in Cook Therefore, NMFS neither anticipates nor tide. No strandings or marine mammals Inlet since 1993, NMFS expect that authorizes takes of marine mammals in distress were observed during the 2D there will be no effects of this activity from ship strikes. test survey conducted by Apache in on beluga whales or other cetaceans. No Odontocetes, such as beluga whales, March 2011, and none were reported by change in beluga swim directions or killer whales, and harbor porpoises, Cook Inlet inhabitants. Furthermore, no other noticeable reactions have been often show tolerance to vessel activity; strandings were reported during seismic observed during the Cook Inlet aerial however, they may react at long survey operations conducted under the surveys flown from 183 to 244 m (600 distances if they are confined by ice, April 2012 IHA. As a result, NMFS does to 800 ft) (e.g., Rugh et al., 2000). By shallow water, or were previously

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harassed by vessels (Richardson et al., Beluga whales feed on a variety of fish, distance communication would rarely 1995). Beluga whale response to vessel shrimp, squid, and octopus (Burns and be possible. Fishes have evolved a noise varies greatly from tolerance to Seaman, 1986). Common prey species in diversity of sound generating organs and extreme sensitivity depending on the Knik Arm include salmon, eulachon acoustic signals of various temporal and activity of the whale and previous and cod. Harbor seals feed on fish such spectral contents. Fish sounds vary in experience with vessels (Richardson et as pollock, cod, capelin, eulachon, structure, depending on the mechanism al., 1995). Reactions to vessels depend Pacific herring, and salmon, as well as used to produce them (Hawkins, 1993). on whale activities and experience, a variety of benthic species, including Generally, fish sounds are habitat, boat type, and boat behavior crabs, shrimp, and cephalopods. Harbor predominantly composed of low (Richardson et al., 1995) and may seals are also opportunistic feeders with frequencies (less than 3 kHz). include behavioral responses, such as their diet varying with season and Since objects in the water scatter altered headings or avoidance (Blane location. The preferred diet of the sound, fish are able to detect these and Jaakson, 1994; Erbe and Farmer, harbor seal in the Gulf of Alaska objects through monitoring the ambient 2000); fast swimming; changes in consists of pollock, octopus, capelin, noise. Therefore, fish are probably able vocalizations (Lesage et al., 1999; eulachon, and Pacific herring (Calkins, to detect prey, predators, conspecifics, Scheifele et al., 2005); and changes in 1989). Other prey species include cod, and physical features by listening to dive, surfacing, and respiration patterns. flat fishes, shrimp, salmon, and squid environmental sounds (Hawkins, 1981). There are few data published on (Hoover, 1988). Harbor porpoises feed There are two sensory systems that pinniped responses to vessel activity, primarily on Pacific herring, cod, enable fish to monitor the vibration- and most of the information is anecdotal whiting (hake), pollock, squid, and based information of their surroundings. (Richardson et al., 1995). Generally, sea octopus (Leatherwood et al., 1982). In The two sensory systems, the inner ear lions in water show tolerance to close the upper Cook Inlet area, harbor and the lateral line, constitute the and frequently approaching vessels and porpoise feed on squid and a variety of acoustico-lateralis system. sometimes show interest in fishing small schooling fish, which would Although the hearing sensitivities of vessels. They are less tolerant when likely include Pacific herring and very few fish species have been studied hauled out on land; however, they eulachon (Bowen and Siniff, 1999; to date, it is becoming obvious that the rarely react unless the vessel approaches NMFS, unpublished data). Killer whales intra- and inter-specific variability is within 100–200 m (330–660 ft; reviewed feed on either fish or other marine considerable (Coombs, 1981). Nedwell in Richardson et al., 1995). mammals depending on genetic type et al. (2004) compiled and published (resident versus transient respectively). available fish audiogram information. A Entanglement Killer whales in Knik Arm are typically noninvasive electrophysiological Although some of Apache’s the transient type (Shelden et al., 2003) recording method known as auditory equipment contains cables or lines, the and feed on beluga whales and other brainstem response is now commonly risk of entanglement is extremely marine mammals, such as harbor seal used in the production of fish remote. Additionally, mortality from and harbor porpoise. The Steller sea audiograms (Yan, 2004). Popper and entanglement is not anticipated. The lion diet consists of a variety of fishes Carlson (1998) and the Navy (2001) material used by Apache and the (capelin, cod, herring, mackerel, found that fish generally perceive amount of slack is not anticipated to pollock, rockfish, salmon, sand lance, underwater sounds in the frequency allow for marine mammal etc.), bivalves, squid, octopus, and range of 50–2,000 Hz, with peak entanglements. gastropods. sensitivities below 800 Hz. Even though some fish are able to detect sounds in Anticipated Effects on Marine Mammal Potential Impacts on Prey Species the ultrasonic frequency range, the Habitat With regard to fish as a prey source thresholds at these higher frequencies The primary potential impacts to for cetaceans and pinnipeds, fish are tend to be considerably higher than marine mammal habitat and other known to hear and react to sounds and those at the lower end of the auditory marine species are associated with to use sound to communicate (Tavolga frequency range. elevated sound levels produced by et al., 1981) and possibly avoid Fish are sensitive to underwater airguns and other active acoustic predators (Wilson and Dill, 2002). impulsive sounds due to swim bladder sources. However, other potential Experiments have shown that fish can resonance. As the pressure wave passes impacts to the surrounding habitat from sense both the strength and direction of through a fish, the swim bladder is physical disturbance are also possible. sound (Hawkins, 1981). Primary factors rapidly squeezed as the high pressure This section describes the potential determining whether a fish can sense a wave, and then the under pressure impacts to marine mammal habitat from sound signal, and potentially react to it, component of the wave, passes through the specified activity. Because the are the frequency of the signal and the the fish. The swim bladder may marine mammals in the area feed on strength of the signal in relation to the repeatedly expand and contract at the fish and/or invertebrates there is also natural background sound level. high sound pressure levels, creating information on the species typically Fishes produce sounds that are pressure on the internal organs preyed upon by the marine mammals in associated with behaviors that include surrounding the swim bladder. the area. As noted earlier, upper Cook territoriality, mate search, courtship, Literature relating to the impacts of Inlet is an important feeding and calving and aggression. It has also been sound on marine fish species can be area for the Cook Inlet beluga whale, speculated that sound production may divided into the following categories: (1) and critical habitat has been designated provide the means for long distance Pathological effects; (2) physiological for this species in the proposed seismic communication and communication effects; and (3) behavioral effects. survey area. under poor underwater visibility Pathological effects include lethal and conditions (Zelick et al., 1999), although sub-lethal physical damage to fish; Common Marine Mammal Prey in the the fact that fish communicate at low- physiological effects include primary Project Area frequency sound levels where the and secondary stress responses; and Fish are the primary prey species for masking effects of ambient noise are behavioral effects include changes in marine mammals in upper Cook Inlet. naturally highest suggests that very long exhibited behaviors of fish. Behavioral

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changes might be a direct reaction to a few feet is because they react to water Proposed Mitigation detected sound or a result of the particle motion/acceleration, not sound In order to issue an incidental take anthropogenic sound masking natural pressures. Detectable particle motion is authorization (ITA) under section sounds that the fish normally detect and produced within very short distances of 101(a)(5)(A) of the MMPA, NMFS must to which they respond. The three types a sound source, although sound set forth the permissible methods of of effects are often interrelated in pressure waves travel farther. taking pursuant to such activity, and complex ways. For example, some other means of effecting the least physiological and behavioral effects Potential Impacts to the Benthic Environment practicable impact on such species or could potentially lead to the ultimate stock and its habitat, paying particular pathological effect of mortality. Hastings Apache’s seismic survey requires the attention to rookeries, mating grounds, and Popper (2005) reviewed what is deployment of a submersible recording and areas of similar significance, and on known about the effects of sound on system in the inter-tidal and marine the availability of such species or stock fishes and identified studies needed to zones. An autonomous ‘‘nodal’’ (i.e., no for taking for certain subsistence uses address areas of uncertainty relative to cables) system would be placed on the (where relevant). measurement of sound and the seafloor by specific vessels in lines responses of fishes. Popper et al. (2003/ parallel to each other with a node line Mitigation Measures Proposed by 2004) also published a paper that spacing of 402 m (0.25 mi). Each nodal Apache reviews the effects of anthropogenic ‘‘patch’’ would have six to eight node For the proposed mitigation measures, sound on the behavior and physiology lines parallel to each other. The lines Apache listed the following protocols to of fishes. generally run perpendicular to the be implemented during its seismic The level of sound at which a fish shoreline. An entire patch would be survey program in Cook Inlet. will react or alter its behavior is usually placed on the seafloor prior to airgun well above the detection level. Fish 1. Operation of Mitigation Airgun at activity. As the patches are surveyed, Night have been found to react to sounds the node lines would be moved either when the sound level increased to about side to side or inline to the next Apache proposes to conduct both 20 dB above the detection level of 120 location. Placement and retrieval of the daytime and nighttime operations. dB (Ona, 1988); however, the response nodes may cause temporary and Nighttime operations would be initiated threshold can depend on the time of localized increases in turbidity on the only if a ‘‘mitigation airgun’’ (typically year and the fish’s physiological seafloor. The substrate of Cook Inlet the 10 in3) has been continuously condition (Engas et al., 1993). In consists of glacial silt, clay, cobbles, operational from the time that PSO general, fish react more strongly to pebbles, and sand (Sharma and Burrell, monitoring has ceased for the day. pulses of sound rather than a 1970). Sediments like sand and cobble Seismic activity would not ramp up continuous signal (Blaxter et al., 1981), dissipate quickly when suspended, but from an extended shut-down (i.e., when and a quicker alarm response is elicited finer materials like clay and silt can the airgun has been down with no when the sound signal intensity rises create thicker plumes that may harm activity for at least 10 minutes) during rapidly compared to sound rising more fish; however, the turbidity created by nighttime operations, and survey slowly to the same level. placing and removing nodes on the activities would be suspended until the Investigations of fish behavior in seafloor would settle to background following day. At night, the vessel relation to vessel noise (Olsen et al., levels within minutes after the cessation captain and crew would maintain 1983; Ona, 1988; Ona and Godo, 1990) of activity. lookout for marine mammals and would have shown that fish react when the order the airgun(s) to be shut down if In addition, seismic noise will radiate sound from the engines and propeller marine mammals are observed in or throughout the water column from exceeds a certain level. Avoidance about to enter the established exclusion airguns and pingers until it dissipates to reactions have been observed in fish zones. such as cod and herring when vessels background levels. No studies have approached close enough that received demonstrated that seismic noise affects 2. Exclusion and Disturbance Zones sound levels are 110 dB to 130 dB the life stages, condition, or amount of Apache proposes to establish (Nakken, 1992; Olsen, 1979; Ona and food resources (fish, invertebrates, eggs) exclusion zones to avoid Level A Godo, 1990; Ona and Toresen, 1988). used by marine mammals, except when harassment (‘‘injury exclusion zone’’) of However, other researchers have found exposed to sound levels within a few all marine mammals and to avoid Level that fish such as polar cod, herring, and meters of the seismic source or in few B harassment (‘‘disturbance exclusion capelin are often attracted to vessels very isolated cases. Where fish or zone’’) for groups of five or more killer (apparently by the noise) and swim invertebrates did respond to seismic whales or harbor porpoises detected toward the vessel (Rostad et al., 2006). noise, the effects were temporary and of within the designated zones. The injury Typical sound source levels of vessel short duration. Consequently, exclusion zone will correspond to the noise in the audible range for fish are disturbance to fish species due to the area around the source within which 150 dB to 170 dB (Richardson et al., activities associated with the seismic received levels equal or exceed 180 dB 1995). survey (i.e, placement and retrieval of re 1 mPa [rms] for cetaceans and 190 dB Carlson (1994), in a review of 40 years nodes and noise from sound sources) re 1 mPa [rms] for pinnipeds and Apache of studies concerning the use of would be short term and fish would be will shut down or power down underwater sound to deter salmonids expected to return to their pre- operations if any marine mammals are from hazardous areas at hydroelectric disturbance behavior once seismic seen approaching or entering this zone dams and other facilities, concluded survey activities cease. (more detail below). The disturbance that salmonids were able to respond to Based on the preceding discussion, exclusion zone will correspond to the low-frequency sound and to react to the proposed activity is not expected to area around the source within which sound sources within a few feet of the have any habitat-related effects that received levels equal or exceed 160 dB source. He speculated that the reason could cause significant or long-term re 1 mPa [rms] and Apache will that underwater sound had no effect on consequences for individual marine implement power down and/or salmonids at distances greater than a mammals or their populations. shutdown measures, as appropriate, if

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any beluga whales or group of five or exclusion zone is not visible, then ramp- Additional Mitigation Measures more killer whales or harbor porpoises up from a cold start cannot begin. If a Proposed by NMFS are seen entering or approaching the marine mammal(s) is sighted within the In addition to the mitigation measures disturbance exclusion zone. injury exclusion zone during the 30- proposed by Apache, NMFS proposes minute watch prior to ramp-up, ramp- 3. Power Down and Shutdown implementation of the following Procedures up will be delayed until the marine mitigation measures. mammal(s) is sighted outside of the A power down is the immediate Apache must not operate airguns zone or the animal(s) is not sighted for reduction in the number of operating within 10 miles (16 km) of the mean at least 15–30 minutes: 15 minutes for energy sources from a full array firing to higher high water (MHHW) line of the small odontocetes and pinnipeds (e.g. a mitigation airgun. A shutdown is the Susitna Delta (Beluga River to the Little immediate cessation of firing of all harbor porpoises, harbor seals, and Susitna River) between April 15 and energy sources. The arrays will be Steller sea lions), or 30 minutes for large October 15. The purpose of this immediately powered down whenever a odontocetes (e.g., killer whales and mitigation measure is to protect beluga marine mammal is sighted approaching beluga whales). whales in the designated critical habitat close to or within the applicable 5. Speed or Course Alteration in this area that is important for beluga exclusion zone of the full arrays but is whale feeding and calving during the outside the applicable exclusion zone of If a marine mammal is detected spring and fall months. The range of the the single source. If a marine mammal outside the Level A injury exclusion setback required by NMFS was is sighted within the applicable zone and, based on its position and the designated to protect this important exclusion zone of the single energy relative motion, is likely to enter that habitat area and also to create an source, the entire array will be zone, the vessel’s speed and/or direct effective buffer where sound does not shutdown (i.e., no sources firing). course may, when practical and safe, be encroach on this habitat. This seasonal Following a power down or a shutdown, changed to also minimize the effect on exclusion is proposed to be in effect airgun activity will not resume until the the seismic program. This can be used from April 15–October 15. Activities marine mammal has clearly left the in coordination with a power down can occur within this area from October applicable injury or disturbance 16–April 14. exclusion zone. The animal will be procedure. The marine mammal The mitigation airgun will be considered to have cleared the zone if activities and movements relative to the operated at approximately one shot per it: (1) Is visually observed to have left seismic and support vessels will be minute, only during daylight and when the zone; (2) has not been seen within closely monitored to ensure that the there is good visibility, and will not be the zone for 15 minutes in the case of marine mammal does not approach operated for longer than 3 hours in pinnipeds and small odontocetes; or (3) within the applicable exclusion radius. duration. In cases when the next start- has not been seen within the zone for If the mammal appears likely to enter up after the turn is expected to be 30 minutes in the case of large the exclusion radius, further mitigative during lowlight or low visibility, use of odontocetes, including killer whales actions will be taken, i.e., either further the mitigation airgun may be initiated and belugas. course alterations, power down, or shut 30 minutes before darkness or low down of the airgun(s). 4. Ramp-Up Procedures visibility conditions occur and may be A ramp-up of an airgun array provides 6. Measures for Beluga Whales and operated until the start of the next a gradual increase in sound levels, and Groups of Killer Whales and Harbor seismic acquisition line. The mitigation involves a step-wise increase in the Porpoises gun must still be operated at number and total volume of air guns approximately one shot per minute. firing until the full volume is achieved. The following additional protective NMFS proposes that Apache must The purpose of a ramp-up (or ‘‘soft measures for beluga whales and groups suspend seismic operations if a live start’’) is to ‘‘warn’’ cetaceans and of five or more killer whales and harbor marine mammal stranding is reported in pinnipeds in the vicinity of the airguns porpoises are proposed. Specifically, a Cook Inlet coincident to, or within 72 and to provide the time for them to 160-dB vessel monitoring zone would hours of, seismic survey activities leave the area and thus avoid any be established and monitored in Cook involving the use of airguns (regardless potential injury or impairment of their Inlet during all seismic surveys. If a of any suspected cause of the stranding). hearing abilities. beluga whale or groups of five or more The shutdown must occur if the animal During the proposed seismic survey, killer whales and/or harbor porpoises is within a distance two times that of the seismic operator will ramp up the are visually sighted approaching or the 160 dB isopleth of the largest airgun airgun array slowly. NMFS proposes within the 160-dB disturbance zone, array configuration in use. This distance that the rate of ramp-up to be no more survey activity would not commence was chosen to create an additional than 6 dB per 5-minute period. Ramp- until the animals are no longer present buffer beyond the distance at which up is used at the start of airgun within the 160-dB disturbance zone. animals would typically be considered operations, after a power- or shut-down, Whenever beluga whales or groups of harassed, as animals involved in a live and after any period of greater than 10 five or more killer whales and/or harbor stranding event are likely compromised, minutes in duration without airgun porpoises are detected approaching or with potentially increased susceptibility operations (i.e., extended shutdown). within the 160-dB disturbance zone, the to stressors, and the goal is to decrease A full ramp-up after a shutdown will the likelihood that they are further airguns may be powered down before not begin until there has been a disturbed or impacted by the seismic the animal is within the 160-dB minimum of 30 minutes of observation survey, regardless of what the original of the applicable exclusion zone by disturbance zone, as an alternative to a cause of the stranding event was. PSOs to assure that no marine mammals complete shutdown. If a power down is Shutdown procedures will remain in are present. The entire exclusion zone not sufficient, the sound source(s) shall effect until NMFS determines and must be visible during the 30-minute be shut-down until the animals are no advises Apache that all live animals lead-in to a full ramp up. If the entire longer present within the 160-dB zone. involved in the stranding have left the

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area (either of their own volition or result in the take of marine mammals 2. An increase in our understanding following herding by responders). (this goal may contribute to 1, above, or of the nature, scope, or context of the Finally, NMFS proposes that if any to reducing the severity of harassment likely exposure of marine mammal marine mammal species are takes only). species to any of the potential stressor(s) encountered, during seismic activities 5. Avoidance or minimization of associated with the action (e.g. sound or for which take is not authorized, that are adverse effects to marine mammal visual stimuli), through better likely to be exposed to sound pressure habitat, paying special attention to the understanding of one or more of the levels (SPLs) greater than or equal to food base, activities that block or limit following: the action itself and its 160 dB re 1 mPa (rms), then Apache passage to or from biologically environment (e.g. sound source must alter speed or course, power down important areas, permanent destruction characterization, propagation, and or shut-down the sound source to avoid of habitat, or temporary destruction/ ambient noise levels); the affected take of those species. disturbance of habitat during a species (e.g. life history or dive pattern); the likely co-occurrence of marine Mitigation Conclusions biologically important time. 6. For monitoring directly related to mammal species with the action (in NMFS has carefully evaluated mitigation—an increase in the whole or part) associated with specific Apache’s proposed mitigation measures probability of detecting marine adverse effects; and/or the likely and considered a range of other mammals, thus allowing for more biological or behavioral context of measures in the context of ensuring that effective implementation of the exposure to the stressor for the marine NMFS prescribes the means of effecting mitigation. mammal (e.g. age class of exposed the least practicable adverse impact on Based on our evaluation of the animals or known pupping, calving or the affected marine mammal species applicant’s proposed measures, as well feeding areas). and stocks and their habitat. Our as other measures considered by NMFS, 3. An increase in our understanding evaluation of potential measures NMFS has preliminarily determined of how individual marine mammals included consideration of the following that the proposed mitigation measures respond (behaviorally or factors in relation to one another: provide the means of effecting the least physiologically) to the specific stressors • The manner in which, and the practicable adverse impact on marine associated with the action (in specific degree to which, the successful mammals species or stocks and their contexts, where possible, e.g., at what implementation of the measures are habitat, paying particular attention to distance or received level). expected to minimize adverse impacts rookeries, mating grounds, and areas of 4. An increase in our understanding to marine mammals; similar significance. of how anticipated individual • The proven or likely efficacy of the responses, to individual stressors or specific measure to minimize adverse Proposed Monitoring and Reporting anticipated combinations of stressors, impacts as planned; and In order to issue an ITA for an may impact either: the long-term fitness • The practicability of the measure activity, section 101(a)(5)(D) of the and survival of an individual; or the for applicant implementation. MMPA states that NMFS must set forth population, species, or stock (e.g., Any mitigation measure(s) prescribed through effects on annual rates of by NMFS should be able to accomplish, ‘‘requirements pertaining to the monitoring and reporting of such recruitment or survival). have a reasonable likelihood of 5. An increase in our understanding taking’’. The MMPA implementing accomplishing (based on current of how the activity affects marine regulations at 50 CFR 216.104 (a)(13) science), or contribute to the mammal habitat, such as through effects indicate that requests for ITAs must accomplishment of one or more of the on prey sources or acoustic habitat (e.g., include the suggested means of general goals listed below: through characterization of longer-term accomplishing the necessary monitoring 1. Avoidance or minimization of contributions of multiple sound sources and reporting that will result in injury or death of marine mammals to rising ambient noise levels and increased knowledge of the species and wherever possible (goals 2, 3, and 4 may assessment of the potential chronic of the level of taking or impacts on contribute to this goal). effects on marine mammals). populations of marine mammals that are 2. A reduction in the numbers of 6. An increase in understanding of the expected to be present in the proposed marine mammals (total number or impacts of the activity on marine action area. Apache submitted number at biologically important time mammals in combination with the information regarding marine mammal or location) exposed to received levels impacts of other anthropogenic monitoring to be conducted during of seismic airguns, or other activities activities or natural factors occurring in seismic operations as part of the expected to result in the take of marine the region. mammals (this goal may contribute to 1, proposed rule application. That 7. An increase in our understanding above, or to reducing harassment takes information can be found in Sections 12 of the effectiveness of mitigation and only). and 14 of the application. The monitoring measures. 3. A reduction in the number of times monitoring measures may be modified 8. An increase in the probability of (total number or number at biologically or supplemented based on comments or detecting marine mammals (through important time or location) individuals new information received from the improved technology or methodology), would be exposed to received levels of public during the public comment both specifically within the safety zone seismic airguns or other activities period. (thus allowing for more effective expected to result in the take of marine Monitoring measures proposed by the implementation of the mitigation) and mammals (this goal may contribute to 1, applicant or prescribed by NMFS in general, to better achieve the above above, or to reducing harassment takes should contribute to or accomplish one goals. only). or more of the following top-level goals: 4. A reduction in the intensity of 1. An increase in our understanding Monitoring Results From Previously exposures (either total number or of the likely occurrence of marine Authorized Activities number at biologically important time mammal species in the vicinity of the As noted earlier in this document, or location) to received levels of seismic action, i.e., presence, abundance, NMFS has issued three IHAs to Apache airguns or other activities expected to distribution, and/or density of species. for this same proposed activity. No

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seismic surveys were conducted under California sea lions were observed once. operations, and documenting ‘‘take by the IHA issued in February 2013 No killer whales were observed during harassment’’ as defined by NMFS. (became effective March 1, 2013). seismic survey operations conducted A minimum number of six PSOs (two Apache conducted seismic operations under the 2012 IHA. per source vessel and two per support under the first IHA issued in April 2012. A total of 88 exclusion zone clearing vessel) would be required onboard the Below is a summary of the results from delays, 154 shutdowns, 7 power downs, survey vessel to meet the following the monitoring conducted in accordance 23 shutdowns following a power down, criteria: (1) 100 percent monitoring with the April 2012 IHA. and one speed and course alteration coverage during all periods of survey Marine mammal monitoring was were implemented under the 2012 IHA. operations in daylight (nautical twilight- conducted in central Cook Inlet between Exclusion zone clearing delays, dawn to nautical twilight-dusk; (2) May 6 and September 30, 2012, which shutdowns, and shutdowns following a maximum of 4 consecutive hours on resulted in a total of 6,912 hours of power down occurred most frequently watch per PSO; and (3) maximum of 12 observations. Monitoring was conducted during harbor seal sightings (n=61, hours of watch time per day per PSO. from the two seismic survey vessels, a n=110, n=14, respectively), followed by PSO teams would consist of NMFS- mitigation/monitoring vessel, four land harbor porpoise sightings (n=18, n=28, approved field biologists. An platforms, and an aerial platform (either n=6, respectively), and then beluga experienced field crew leader would a helicopter or small fixed wing whale sightings (n=5, n=6, n=3, supervise the PSO team onboard the aircraft). PSOs monitored from the respectively). Power downs occurred survey vessel. Apache currently plans to seismic vessels, mitigation/monitoring most frequently with harbor seal (n=3) have PSOs aboard three vessels: the two vessel, and land platforms during all and harbor porpoise (n=3) sightings. source vessels (M/V Peregrine Falcon daytime seismic operations. Aerial One speed and course alteration and M/V Arctic Wolf) and one support overflights were conducted 1–2 times occurred in response to a beluga whale vessel (M/V Dreamcatcher). Two PSOs daily over the survey area and sighting. would be on the source vessels, and two surrounding coastline, including the Based on the information from the PSOs would be on the support vessel to major river mouths, to monitor for larger 2012 monitoring report, NMFS has observe and implement the exclusion, concentrations of marine mammals in determined that Apache complied with power down, and shut down areas. and around the survey site. Passive the conditions of the 2012 IHA, and we When marine mammals are about to acoustic monitoring (PAM) took place conclude that these results support our enter or are sighted within designated from the mitigation/monitoring vessel original findings that the mitigation harassment and exclusion zones, airgun during all nighttime seismic survey measures set forth in the 2012 or pinger operations would be powered operations and most daytime seismic Authorization effected the least down (when applicable) or shut down survey operations. During the entire practicable impact on the species or immediately. The vessel-based 2012 survey season, Apache’s PAM stocks. observers would watch for marine equipment yielded only six confirmed Although Apache did not conduct any mammals during all periods when marine mammal detections, one of seismic survey operations under the sound sources are in operation and for which was a Cook Inlet beluga whale. 2013 IHA, they still conducted marine a minimum of 30 minutes prior to the Six identified species and three mammal monitoring surveys between start of airgun or pinger operations after unidentified species of marine May and August 2013. During those an extended shut down. mammals were observed from the aerial surveys, Apache detected a total Crew leaders and most other biologists serving as observers would be vessel, land, and aerial platforms of three marine mammal species: beluga individuals with experience as between May 6 and September 30, 2012. whale; harbor porpoise; and harbor seal. observers during seismic surveys in The species observed included Cook A total of 718 individual belugas, three Alaska or other areas in recent years. Inlet beluga whales, harbor seals, harbor harbor porpoises, and 919 harbor seals porpoises, Steller sea lions, gray whales, The observer(s) would watch for were sighted. Of the 718 observed marine mammals from the best available and California sea lions. PSOs also belugas, 61 were calves. All of the calf observed unidentified species, vantage point on the source and support sightings occurred in the Susitna Delta vessels, typically the flying bridge. The including a large cetacean, pinniped, area, with the exception of a couple and marine mammal. The gray whale observer(s) would scan systematically south of the Beluga River and a couple and California sea lion were not with the unaided eye and 7×50 reticle in Turnagain Arm. More than 60 percent included in the 2012 IHA, so mitigation binoculars. Laser range finders would be of the beluga calf sightings occurred in measures were implemented for these available to assist with estimating June (n=39). species to prevent unauthorized takes. distance on the two source vessels. There were a total of 882 sightings and Proposed Monitoring Measures Personnel on the bridge would assist the an estimated 5,232 individuals (the observer(s) in watching for marine 1. Visual Vessel-Based Monitoring number of individuals is typically mammals. higher than the number of sightings Vessel-based monitoring for marine All observations would be recorded in because a single sighting may consist of mammals would be done by a standardized format. Data would be multiple individuals). Harbor seals were experienced PSOs throughout the entered into a custom database using a the most frequently observed marine period of marine survey activities. PSOs notebook computer. The accuracy of the mammal at 563 sightings of would monitor the occurrence and data would be verified by computerized approximately 3,471 individuals, behavior of marine mammals near the validity data checks as the data are followed by beluga whales with 151 survey vessel during all daylight periods entered and by subsequent manual sightings of approximately 1,463 (nautical dawn to nautical dusk) during checks of the database. These individuals, harbor porpoises with 137 operation and during most daylight procedures would allow for initial sightings of approximately 190 periods when airgun operations are not summaries of the data to be prepared individuals, and gray whales with 9 occurring. PSO duties would include during and shortly after the completion sightings of 9 individuals. Steller sea watching for and identifying marine of the field program, and would lions were observed on three separate mammals, recording their numbers, facilitate transfer of the data to occasions (4 individuals), and two distances, and reactions to the survey statistical, geographical, or other

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programs for future processing and throughout the project area as well as (including Beaufort sea state and wind achieving. When a mammal sighting is the eastern and western shores of force), and associated activities during made, the following information about central and northern Cook Inlet. all seismic operations and marine the sighting would be recorded: Weather and safety permitting, aerial mammal sightings. • Species, group size, age/size/sex surveys would fly at an altitude of 305 • Species, number, location, distance categories (if determinable), behavior m (1,000 ft). In the event of a marine from the vessel, and behavior of any when first sighted and after initial mammal sighting, aircraft would sighted marine mammals, as well as sighting, heading (if consistent), bearing attempt to maintain a radial distance of associated seismic activity (number of and distance from the PSO, apparent 457 m (1,500 ft) from the marine power-downs and shutdowns), observed reaction to activities (e.g., none, mammal(s). Aircraft would avoid throughout all monitoring activities. avoidance, approach, paralleling, etc.), approaching marine mammals from • An estimate of the number (by closest point of approach, and head-on, flying over or passing the species) of: (i) Pinnipeds that have been behavioral pace; shadow of the aircraft over the marine exposed to the seismic activity (based • Time, location, speed, activity of mammal(s). By following these on visual observation) at received levels the vessel (e.g., seismic airguns off, operational requirements, aerial surveys greater than or equal to 160 dB re 1 mPa pingers on, etc.), sea state, ice cover, are not expected to harass marine (rms) and/or 190 dB re 1 mPa (rms) with visibility, and sun glare; and mammals (Richardson et al., 1995; a discussion of any specific behaviors • The positions of other vessel(s) in Blackwell et al., 2002). those individuals exhibited; and (ii) the vicinity of the PSO location. Based on data collected from Apache cetaceans that have been exposed to the The ship’s position, speed of support during its survey operations conducted seismic activity (based on visual vessels, and water temperature, water under the April 2012 and March 2014 observation) at received levels greater depth, sea state, ice cover, visibility, and IHAs, NMFS determined that the than or equal to 160 dB re 1 mPa (rms) sun glare would also be recorded at the foregoing monitoring measures will and/or 180 dB re 1 mPa (rms) with a start and end of each observation watch, allow Apache to identify animals discussion of any specific behaviors every 30 minutes during a watch, and nearing or entering the Level B those individuals exhibited. whenever there is a change in any of disturbance exclusion zone with a • A description of the those variables. reasonably high degree of accuracy. implementation and effectiveness of the: 2. Visual Shore-Based Monitoring (i) terms and conditions of the Reporting Measures Biological Opinion’s Incidental Take In addition to the vessel-based PSOs, Immediate reports will be submitted Statement (ITS); and (ii) mitigation Apache proposes to utilize a shore- to NMFS if 25 belugas are detected in measures of the LOA. For the Biological based station daily, to visually monitor the Level B disturbance exclusion zone Opinion, the report shall confirm the for marine mammals. The location of to evaluate and make necessary implementation of each Term and the shore-based station would need to adjustments to monitoring and Condition, as well as any conservation be sufficiently high to observe marine mitigation. If the number of detected recommendations, and describe their mammals; the PSOs would be equipped takes for any marine mammal species is effectiveness for minimizing the adverse with pedestal mounted ‘‘big eye’’ met or exceeded, Apache will effects of the action on ESA-listed (20x110) binoculars. The shore-based immediately cease survey operations marine mammals. PSOs would scan the area prior to, involving the use of active sound during, and after the airgun operations sources (e.g., airguns and pingers) and 3. Annual Reports and would be in contact with the vessel- notify NMFS. Apache would submit an annual based PSOs via radio to communicate report to NMFS’s Permits and sightings of marine mammals 1. Weekly Reports Conservation Division within 90 days approaching or within the project area. Apache would submit a weekly field after the end of every operating season This communication will allow the report to NMFS Headquarters as well as but no later than 60 days before the vessel-based observers to go on a the Alaska Regional Office, no later than expiration of each annual LOA during ‘‘heightened’’ state of alert regarding close of business each Thursday during the five-year period. The annual report occurrence of marine mammals in the the weeks when in-water seismic survey would include: area and aid in timely implementation activities take place. The weekly field • Summaries of monitoring effort of mitigation measures. reports would summarize species (e.g., total hours, total distances, and 3. Aerial-Based Monitoring detected (number, location, distance marine mammal distribution through from seismic vessel, behavior), in-water the study period, accounting for sea When practicable, Apache proposes to activity occurring at the time of the state and other factors affecting utilize helicopter or fixed-wing aircraft sighting (discharge volume of array at visibility and detectability of marine to conduct aerial surveys of the project time of sighting, seismic activity at time mammals). area prior to the commencement of of sighting, visual plots of sightings, and • Analyses of the effects of various operations in order to identify locations number of power downs and factors influencing detectability of of congregations of beluga whales. shutdowns), behavioral reactions to in- marine mammals (e.g., sea state, number Apache proposes to conduct daily aerial water activities, and the number of of observers, and fog/glare). surveys. Daily surveys will be marine mammals exposed. • Species composition, occurrence, scheduled to occur at least 30 minutes and distribution of marine mammal and no more than 120 minutes prior to 2. Monthly Reports sightings, including date, water depth, any seismic-related activities (including Monthly reports will be submitted to numbers, age/size/gender categories (if but not limited to node laying/retrieval NMFS for all months during which in- determinable), group sizes, and ice or airgun operations). Daily aerial water seismic activities take place. The cover. surveys will also occur on days that monthly report will contain and • Analyses of the effects of survey there may be no seismic activities. summarize the following information: operations. Aerial surveys are proposed to occur • Dates, times, locations, heading, • Sighting rates of marine mammals along and parallel to the shoreline speed, weather, sea conditions during periods with and without

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seismic survey activities (and other minimize the likelihood of further propagation from the sound sources variables that could affect detectability), prohibited take and ensure MMPA (e.g., airguns and pingers) used in the such as: (i) Initial sighting distances compliance. Apache may not resume seismic survey; no take is expected to versus survey activity state; (ii) closest their activities until notified by NMFS result from the detonation of explosives point of approach versus survey activity via letter or email, or telephone. onshore, as supported by the SSV study, state; (iii) observed behaviors and types In the event that Apache discovers an from vessel strikes because of the slow of movements versus survey activity injured or dead marine mammal, and speed of the vessels (2–4 knots), or from state; (iv) numbers of sightings/ the lead PSO determines that the cause aircraft overflights, as surveys will be individuals seen versus survey activity of the injury or death is unknown and flown at a minimum altitude of 305 m state; (v) distribution around the source the death is relatively recent (i.e., in less (1,000 ft) and at 457 m (1,500 ft) when vessels versus survey activity state; and than a moderate state of decomposition marine mammals are detected. (vi) numbers of animals detected in the as described in the next paragraph), Apache requests authorization to take 160 dB harassment (disturbance Apache would immediately report the six marine mammal species by Level B exclusion) zone. incident to the Chief of the Permits and NMFS would review the draft annual Conservation Division, Office of harassment. These six marine mammal reports. Apache must then submit a Protected Resources, NMFS, her species are: Cook Inlet beluga whale; final annual report to the Chief, Permits designees, and the NMFS Alaska killer whale; harbor porpoise; gray and Conservation Division, Office of Stranding Hotline. The report must whale; harbor seal; and Steller sea lion. Protected Resources, NMFS, within 30 include the same information identified For impulse sounds, such as those days after receiving comments from in the paragraph above. Activities may produced by airgun(s) used in the NMFS on the draft annual report. If continue while NMFS reviews the seismic survey, NMFS uses the 160 dB NMFS decides that the draft annual circumstances of the incident. NMFS re 1 mPa (rms) isopleth to indicate the report needs no comments, the draft would work with Apache to determine onset of Level B harassment. The report shall be considered to be the final whether modifications in the activities current Level A (injury) harassment report. are appropriate. threshold is 180 dB (rms) for cetaceans In the event that Apache discovers an and 190 dB (rms) for pinnipeds. The 4. Notification of Injured or Dead injured or dead marine mammal, and NMFS annual aerial survey data Marine Mammals the lead PSO determines that the injury provided in Table 5 of Apache’s or death is not associated with or related In the unanticipated event that the application was used to derive density specified activity clearly causes the take to the authorized activities (e.g., previously wounded animal, carcass estimates for each species (number of of a marine mammal in a manner individuals/km2). prohibited by this Authorization, such with moderate to advanced as an injury (Level A harassment), decomposition, or scavenger damage), Applicable Zones for Estimating ‘‘Take serious injury or mortality (e.g., ship- Apache shall report the incident to the by Harassment’’ strike, gear interaction, and/or Chief of the Permits and Conservation entanglement), Apache shall Division, Office of Protected Resources, To estimate potential takes by Level B immediately cease the specified NMFS, her designees, the NMFS Alaska harassment for this proposed rule, as activities and immediately report the Stranding Hotline, and the Alaska well as for mitigation radii to be incident to the Chief of the Permits and Regional Stranding Coordinators within implemented by PSOs, ranges to the 160 Conservation Division, Office of 24 hours of the discovery. Apache shall dB (rms) isopleths were estimated at Protected Resources, NMFS, her provide photographs or video footage (if three different water depths (5 m, 25 m, designees, and the Alaska Regional available) or other documentation of the and 45 m) for nearshore surveys and at Stranding Coordinators. The report must stranded animal sighting to NMFS and 80 m for channel surveys. The distances include the following information: the Marine Mammal Stranding Network. to this threshold for the nearshore • Time, date, and location (latitude/ Activities may continue while NMFS survey locations are provided in Table longitude) of the incident; reviews the circumstances of the 2 in Apache’s application and • Name and type of vessel involved; incident. correspond to the three transects • Vessel’s speed during and leading Estimated Take by Incidental modeled at each site in the onshore, up to the incident; Harassment nearshore, and parallel to shore • Description of the incident; directions. To estimate take by Level B Except with respect to certain • Status of all sound source use in the harassment, Apache used the largest activities not pertinent here, the MMPA 24 hours preceding the incident; value from each category. The distances • defines ‘‘harassment’’ as: any act of Water depth; to the thresholds for the channel survey • pursuit, torment, or annoyance which (i) Environmental conditions (e.g., locations are provided in Table 4 in has the potential to injure a marine wind speed and direction, Beaufort sea Apache’s application and correspond to state, cloud cover, and visibility); mammal or marine mammal stock in the • wild [Level A harassment]; or (ii) has the broadside and endfire directions. Description of all marine mammal The areas ensonified to the 160 dB observations in the 24 hours preceding the potential to disturb a marine mammal or marine mammal stock in the isopleth for the nearshore survey are the incident; provided in Table 3 in Apache’s • Species identification or wild by causing disruption of behavioral application. The area ensonified to the description of the animal(s) involved; patterns, including, but not limited to, • migration, breathing, nursing, breeding, 160 dB isopleth for the channel survey Fate of the animal(s); and 2 • Photographs or video footage of the feeding, or sheltering [Level B is 517 km . animal(s) (if equipment is available). harassment]. Only take by Level B Compared to the airguns, the relevant Activities shall not resume until behavioral harassment is anticipated as isopleths for the positioning pinger is NMFS is able to review the a result of the proposed seismic survey quite small. The distances to the 190, circumstances of the prohibited take. program with proposed mitigation. 180, and 160 dB (rms) isopleths are 1 m, NMFS shall work with Apache to Anticipated impacts to marine 3 m, and 25 m (3.3, 10, and 82 ft), determine what is necessary to mammals are associated with noise respectively.

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Estimates of Marine Mammal Density developed by NMML uses a Geographic Table 5 in Apache’s application Apache used one method to estimate Information System (GIS). A GIS is a provides a summary of the results of densities for Cook Inlet beluga whales computer system capable of capturing, each annual NMFS aerial survey and another method for the other storing, analyzing, and displaying conducted in June from 2000 to 2012. marine mammals in the area expected to geographically referenced information; The total number of individuals sighted be taken by harassment. Both methods that is, data identified according to for each survey by year is reported, as are described in this document. location. However, the Goetz et al. well as total hours for the entire survey (2012) model does not incorporate and total area surveyed. To estimate 1. Beluga Whale Density Estimates seasonality into the density estimates. density of marine mammals, total In consultation with staff from Rather, Apache factors in seasonal number of individuals (other species) NMFS’s National Marine Mammal considerations of beluga density into the observed for the entire survey area by Laboratory (NMML) during design of the survey tracklines and year (surveys usually last several days) development of the second IHA in early locations (as discussion in more detail was divided by the approximate total 2013, Apache used a habitat-based later in this document) in addition to area surveyed for each year (density = model developed by Goetz et al. other factors such as weather, ice individuals/km2). As noted previously, (2012a). Information from that model conditions, and seismic needs. the total number of animals observed for has once again been used to estimate 2. Non-beluga Whale Species Density the entire survey includes both lower densities of beluga whales in Cook Inlet Estimates and upper Cook Inlet, so the total and we consider it to be the best number reported and used to calculate available information on beluga density. Densities of other marine mammals in density is higher than the number of A summary of the model is provided the proposed project area were marine mammals anticipated to be here, and additional detail can be found estimated from the annual aerial surveys observed in the project area. In in Goetz et al. (2012a). To develop conducted by NMFS for Cook Inlet particular, the total number of harbor NMML’s estimated densities of belugas, beluga whale between 2000 and 2012 in seals observed on several surveys is very Goetz et al. (2012a) developed a model June (Rugh et al., 2000, 2001, 2002, high due to several large haul outs in based on aerial survey data, depth 2003, 2004b, 2005b, 2006, 2007; lower and middle Cook Inlet. The table soundings, coastal substrate type, Shelden et al., 2008, 2009, 2010, 2012; below (Table 2) provides average environmental sensitivity index, Hobbs et al., 2011). These surveys were density estimates for gray whales, anthropogenic disturbance, and flown in June to collect abundance data harbor seals, harbor porpoises, killer anadromous fish streams to predict of beluga whales, but sightings of other whales, and Steller sea lions over the beluga densities throughout Cook Inlet. marine mammals were also reported. 2000–2012 period. The result of this work is a beluga Although these data were only collected in one month each year, these surveys density map of Cook Inlet, which easily TABLE 2—ANIMAL DENSITIES IN COOK provide the best available relatively long sums the belugas predicted within a INLET given geographic area. NMML term data set for sighting information in developed its predictive habitat model the proposed project area. The general Species Average density from the distribution and group size of trend in marine mammal sighting is that (animals/km2) beluga whales observed between 1994 beluga whales and harbor seals are seen and 2008. A 2-part ‘‘hurdle’’ model (a most frequently in upper Cook Inlet, Gray whale ...... 5.33E–05 hurdle model in which there are two with higher concentrations of harbor Harbor seal ...... 0.24931 processes, one generating the zeroes and seals near haul out sites on Kalgin Harbor porpoise ...... 0.003895 one generating the positive values) was Island and of beluga whales near river Killer whale ...... 0.000748 applied to describe the physical and mouths, particularly the Susitna River. Steller sea lion ...... 0.008281 anthropogenic factors that influence (1) The other marine mammals of interest beluga presence (mixed model logistic for this rule (killer whales, gray whales, Calculation of Takes by Harassment regression) and (2) beluga count data harbor porpoises, Steller sea lions) are (mixed model Poisson regression). observed infrequently in upper Cook 1. Beluga Whales Beluga presence was negatively Inlet and more commonly in lower Cook As a result of discussions with NMFS, associated with sources of Inlet. In addition, these densities are Apache has used the NMML model anthropogenic disturbance and calculated based on a relatively large (Goetz et al., 2012a) for the estimate of positively associated with fish area that was surveyed, much larger availability and access to tidal flats and than the proposed area for a given year takes in this proposed rule. Apache has sandy substrates. Beluga group size was of seismic data acquisition. established two zones (Zone 1 and Zone positively associated with tidal flats and Furthermore, these annual aerial 2) and proposes to conduct seismic proxies for seasonally available fish. surveys are conducted only in June surveys within all, or part of these Using this analysis, Goetz et al. (2012) (numbers from August surveys were not zones; to be determined as weather, ice, produced habitat maps for beluga used because the area surveyed was not and priorities dictate. presence, group size, and the expected provided), so it does not account for BILLING CODE 3510–22–P number of belugas in each 1 km2 cell of seasonal variations in distribution or Figure 2: A map of Apache survey Cook Inlet. The habitat-based model habitat use of each species. area divided into Zone 1 and Zone 2

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Based on information using Goetz et as weather, ice, and priorities dictate. 160-dB isopleth of 9.5 km (5.9 mi), al. model (2012a), Apache derived one Apache has requested a maximum estimated takes will not exceed 30 density estimate for beluga whales in allowed take for Cook Inlet beluga beluga whales in a given year Upper Cook Inlet (i.e., north of the whales of 30 individuals. During each In order to estimate when that level is Forelands) and another density estimate annual LOA (if issued), Apache would reached, Apache has developed a for beluga whales in Lower Cook Inlet operate in a portion of the total seismic formula based on the total area of each (i.e., south of the Forelands). The operation area of 5,684 km2 (2,195 mi2), density estimate for Upper Cook Inlet is such that when one multiplies the seismic survey project zone (including 0.0212 and is 0.0056 for Lower Cook anticipated beluga whale density based the 160 dB buffer) and the average Inlet. Apache’s annual seismic on the seismic survey operational area density of beluga whales for each zone. operational area would be determined times the area to be ensonified to the

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TABLE 3—EXPECTED BELUGA WHALE TAKES, TOTAL AREA OF ZONE, AND AVERAGE BELUGA WHALE DENSITY ESTIMATES

Expected Beluga Total area of takes from NMML zone (km2) Average take density model (including the (including the (dx) 160 dB buffer) 160 dB buffer)

Zone 1 ...... 28 1319 d1 = 0.0212 Zone 2 ...... 29 5160 d2 = 0.0056

Apache will limit surveying in the application) to ensure a maximum of 30 does not exceed 30 beluga whale takes, proposed seismic survey area (Zones 1 beluga takes during each open water Apache developed the following and 2 presented in Figure 2 of Apache’s season. In order to ensure that Apache equation:

This formula also allows Apache to potentially harassed during the seismic overestimation of take as it represents have flexibility to prioritize survey surveys was calculated by multiplying every possible instance of take, without locations in response to local weather, the average density estimates (presented allowing for repeated take of ice, and operational constraints. Apache in Table 2 in this document) by the area individuals, which is possible with may choose to survey portions of a zone ensonified by levels ≥160 dB re mPa rms resident species. or a zone in its entirety, and the analysis (see Appendix C and Appendix D in The number of estimated takes by in this proposed rule takes this into Apache’s application for more harassment was calculated using the account. For the 2015 season, Apache is information). total ensonified area of 7,096km 2 for the proposing to survey the same area that Apache anticipates that a crew will proposed survey area. This area was was authorized in 2014, which uses the collect seismic data for 8–12 hours per multiplied by a contingency factor of same delineation of Zone 1 and Zone 2 day over approximately 160 days over 25% to account for any necessary as the previous IHA. Using this formula, the course of 8 to 9 months each year. repeats of tracklines. if Apache surveys the entire area of It is assumed that over the course of Total ensonified project area Zone 1 (1,319 km2), then essentially these 160 days, 100 days would be (7,096km 2) + 25% of total area = none of Zone 2 will be surveyed because working in the offshore region and 60 8,870km 2 the input in the calculation denoted by days in the shallow, intermediate, and This total area was multiplied by the d2A2 would essentially need to be zero deep nearshore region. Of those 60 days average density that was calculated for to ensure that the total allotted proposed in the nearshore region, 20 days would each species in the area (Table 2 in this take of beluga whales is not exceeded. be in each depth. It is important to note document). As this estimation method The use of this formula will ensure that that environmental conditions (such as does not account for any new animals Apache’s proposed seismic program, ice, wind, fog) will play a significant transiting in and out of the project area, including the 160 dB buffer, will not role in the actual operating days; the calculated value was then exceed 30 calculated beluga takes. therefore, these estimates are multiplied by a turnover factor. The Apache proposes to initially limit conservative in order to provide a basis turnover factor is a value assigned by actual survey areas, including 160 dB for probability of encountering these species that accounts for movement of buffer zones, to satisfy the formula marine mammal species in the project new animals into the survey area. The denoted here. Operations are required to area. assigned turnover estimates are based cease once Apache has conducted NMFS calculated the number of on estimates derived by Wood et al. seismic data acquisition in an area potential exposure instances for each 2012 in a density estimation for a 3D where multiplying the applicable non-beluga species using the density seismic survey environmental impact density by the total ensonified area out information derived from NMFS aerial report. The turnover estimates range to the 160-dB isopleth equaled 30 surveys conducted from 2000–2012. from 1 to 2.5, with a turnover factor of beluga whales, using the equation These animal densities were multiplied 1 assigned to residential species and 2.5 provided above. by the number of days in each water assigned to transitory species. depth (shallow, intermediate, deep, or Table 3 below outlines the calculation 2. Other Marine Mammal Species offshore) as well as the estimated of encounter probabilities for non- The estimated number of other Cook ensonified area per day for each water beluga species and how they were Inlet marine mammals that may be depth. This method is likely an calculated.

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TABLE 4—ENCOUNTER PROBABILITY OF NON-BELUGA SPECIES PER SEASON

Ensonified Density area with Turnover Exposure Species estimate Exposure Ensonified contingency estimate 2 factor (individuals/ instances area (km ) factor (individuals) km2) (km2)

Gray whale ...... 5.33E–05 4.6 7096 8870 2.5 1.2 Harbor seal ...... 0.24931 21,435.7 7096 8870 1 2211.4 Harbor porpoise ...... 0.003895 334.9 7096 8870 1 34.5 Killer whale ...... 0.000748 64.3 7096 8870 1.25 8.3 Steller sea lion ...... 0.008281 712.0 7096 8870 1 73.5

Summary of Proposed Level B harassment takes, the requested Level B estimated to be taken, and current Harassment Takes harassment take levels, the abundance population trends. Table 4 here outlines the density of each species in Cook Inlet, the estimates used to estimate Level B percentage of each species or stock

TABLE 5—DENSITY ESTIMATES, PROPOSED LEVEL B HARASSMENT TAKE LEVELS, SPECIES OR STOCK ABUNDANCE, PERCENTAGE OF POPULATION PROPOSED TO BE TAKEN, AND SPECIES TREND STATUS

Average density Proposed level Abundance Percentage of Trend Species (#individuals/ B take population km2)

Beluga Whale ...... Upper = 30 312 ...... 9.6 Decreasing 0.0212 Lower = 0.0056 Harbor Seal ...... 0.24931 2,211 22,900 ...... 9.7 Stable Harbor Porpoise ...... 0.003895 35 31,046 ...... 0.11 No reliable information Killer Whale ...... 0.000748 8 1,123 (resident) ...... 0.71 Resident stock possibly increas- 345 (transient) ...... 2.31 ing Transient stock stable Steller Sea Lion ...... 0.008281 73 79,300 ...... 0.09 Decreasing but with regional vari- ability (some stable or increas- ing) Gray Whale ...... 5.33E–05 1 19,126 ...... 0.005 Stable/increasing

The following table applies the year timeline, spanning the entire proposed Level B harassment take levels duration of the proposed rule. from Table 4 and expands them to a 5

TABLE 6—PROPOSED LEVEL B HARASSMENT TAKE LEVELS FOR 5 YEAR PERIOD

Project total Species Annual proposed (5 Year) level B take level B take

Beluga Whale ...... 30 150 Harbor Seal ...... 2,211 11,055 Harbor Porpoise ...... 35 175 Killer Whale ...... 8 40 Steller Sea Lion ...... 73 365 Gray Whale ...... 1 5

Analysis and Preliminary finding is based on the lack of likely factors, such as the likely nature of any Determinations adverse effects on annual rates of responses (their intensity, duration, recruitment or survival (i.e., population- etc.), the context of any responses Negligible Impact level effects). An estimate of the number (critical reproductive time or location, Negligible impact is ‘‘an impact of Level B harassment takes, alone, is feeding, migration, etc.), as well as the resulting from the specified activity that not enough information on which to number and nature of estimated Level A cannot be reasonably expected to, and is base an impact determination. In harassment takes, the number of not reasonably likely to, adversely affect addition to considering estimates of the estimated mortalities, effects on habitat, the species or stock through effects on number of marine mammals that might and the status of the species. annual rates of recruitment or survival’’ be ‘‘taken’’ through behavioral Given the proposed mitigation and (50 CFR 216.103). A negligible impact harassment, NMFS must consider other related monitoring, no injuries or

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mortalities are anticipated to occur as a cetaceans are generally expected to be habitat will be affected at any time, and result of Apache’s proposed seismic restricted to avoidance of a limited area other areas within Cook Inlet will be survey in Cook Inlet, and none are around the survey operation and short- available for necessary biological proposed to be authorized. term changes in behavior, falling within functions. In addition, the area where Additionally, animals in the area are not the MMPA definition of ‘‘Level B the survey will take place is not known expected to incur hearing impairment harassment’’. Animals are not expected to be an important location where (i.e., TTS or PTS) or non-auditory to permanently abandon any area that is pinnipeds haul out. The closest known physiological effects. The number of surveyed, and any behaviors that are haul-out site is located on Kalgin Island, takes that are anticipated and proposed interrupted during the activity are which is about 22 km from the to be authorized are expected to be expected to resume once the activity McArther River. More recently, some limited to short-term Level B behavioral ceases. Only a small portion of marine large congregations of harbor seals have harassment. The seismic airguns do not mammal habitat will be affected at any been observed hauling out in upper operate continuously over a 24-hour time, and other areas within Cook Inlet Cook Inlet. However, mitigation period. Rather airguns are operational will be available for necessary biological measures and restrictions will be for a few hours at a time totaling about functions. In addition, NMFS proposes implemented to help reduce impacts to 12 hours a day. to seasonally restrict seismic survey the animals. Therefore, the exposure of Both Cook Inlet beluga whales and the operations in locations known to be pinnipeds to sounds produced by this western stock of Steller sea lions are important for beluga whale feeding, phase of Apache’s proposed seismic listed as endangered under the ESA. calving, or nursing. The primary survey is not anticipated to have an Both stocks are also considered depleted location for these biological life effect on annual rates of recruitment or under the MMPA. The estimated annual functions occur in the Susitna Delta survival on those species or stocks. rate of decline for Cook Inlet beluga region of upper Cook Inlet. NMFS The addition of nine vessels, and whales was 0.6 percent between 2002 proposes to implement a 16 km (10 mi) noise due to vessel operations and 2012. Steller sea lion trends for the seasonal exclusion from seismic survey associated with the seismic survey, western stock are variable throughout operations in this region from April 15- would not be outside the present the region with some decreasing and October 15. The highest concentrations experience of marine mammals in Cook others remaining stable or even of belugas are typically found in this Inlet, although levels may increase indicating slight increases. The other area from early May through September locally. Given the large number of four species that may be taken by each year. NMFS has incorporated a 2- vessels in Cook Inlet and the apparent harassment during Apache’s proposed week buffer on each end of this seasonal habituation to vessels by Cook Inlet seismic survey program are not listed as use timeframe to account for any beluga whales and the other marine threatened or endangered under the anomalies in distribution and marine mammals that may occur in the area, ESA nor as depleted under the MMPA. mammal usage. vessel activity and noise is not expected Odontocete (including Cook Inlet Mitigation measures such as to have effects that could cause beluga whales, killer whales, and harbor controlled vessel speed, dedicated significant or long-term consequences porpoises) reactions to seismic energy marine mammal observers, non-pursuit, for individual marine mammals or their pulses are usually assumed to be limited and shutdowns or power downs when populations. to shorter distances from the airgun(s) marine mammals are seen within than are those of mysticetes, in part defined ranges designed both to avoid Potential impacts to marine mammal because odontocete low-frequency injury and disturbance will further habitat were discussed previously in hearing is assumed to be less sensitive reduce short-term reactions and this document (see the ‘‘Anticipated than that of mysticetes. When in the minimize any effects on hearing Effects on Habitat’’ section). Although Canadian Beaufort Sea in summer, sensitivity. In all cases, the effects of the some disturbance is possible to food belugas appear to be fairly responsive to seismic survey are expected to be short- sources of marine mammals, the seismic energy, with few being sighted term, with no lasting biological impacts are anticipated to be minor within 10–20 km (6–12 mi) of seismic consequence. Therefore, the exposure of enough as to not affect annual rates of vessels during aerial surveys (Miller et cetaceans to sounds produced by recruitment or survival of marine al., 2005). However, as noted above, Apache’s proposed seismic survey mammals in the area. Based on the size Cook Inlet belugas are more accustomed operation is not anticipated to have an of Cook Inlet where feeding by marine to anthropogenic sound than beluga effect on annual rates of recruitment or mammals occurs versus the localized whales in the Beaufort Sea. Therefore, survival of the affected species or area of the marine survey activities, any the results from the Beaufort Sea stocks. missed feeding opportunities in the surveys do not directly relate to Some individual pinnipeds may be direct project area would be minor potential reactions of Cook Inlet beluga exposed to sound from the proposed based on the fact that other feeding whales. Also, due to the dispersed seismic surveys more than once during areas exist elsewhere. Additionally, distribution of beluga whales in Cook the timeframe of the project. Taking into seismic survey operations will not occur Inlet during winter and the account the mitigation measures that are in the primary beluga feeding and concentration of beluga whales in upper planned, effects on pinnipeds are calving habitat during times of high use Cook Inlet from late April through early generally expected to be restricted to by those animals. fall, belugas would likely occur in small avoidance of a limited area around the Based on the analysis contained numbers in the majority of Apache’s survey operation and short-term herein of the likely effects of the proposed survey area during the changes in behavior, falling within the specified activity on marine mammals majority of Apache’s annual operational MMPA definition of ‘‘Level B and their habitat, and taking into timeframe of March through December. harassment’’. Animals are not expected consideration the implementation of the For the same reason, it is unlikely that to permanently abandon any area that is proposed monitoring and mitigation animals would be exposed to received surveyed, and any behaviors that are measures, NMFS preliminarily finds levels capable of causing injury. interrupted during the activity are that the total annual marine mammal Taking into account the mitigation expected to resume once the activity take from Apache’s proposed seismic measures that are planned, effects on ceases. Only a small portion of pinniped survey will have a negligible impact on

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the affected marine mammal species or NMFS determined that the numbers of Inlet beluga whales from the prior five stocks. animals likely to be taken is small. years (2003–2007) is below 350 whales. The next 5-year period that could allow Small Numbers Impact on Availability of Affected for a harvest (2013–2017), would require Species for Taking for Subsistence Uses The requested takes proposed to be the previous five-year average (2008– authorized annually represent 9.6 Relevant Subsistence Uses 2012) to be above 350 whales. The 2008 percent of the Cook Inlet beluga whale The subsistence harvest of marine Cook Inlet Beluga Whale Subsistence population of approximately 312 mammals transcends the nutritional and Harvest Final Supplemental animals (Allen and Angliss, 2014), 0.71 economic values attributed to the Environmental Impact Statement percent of the Alaska resident stock and animal and is an integral part of the (NMFS, 2008a) authorizes how many 2.31 percent of the Gulf of Alaska, cultural identity of the region’s Alaska beluga whales can be taken during a 5- Aleutian Island and Bering Sea stock of Native communities. Inedible parts of year interval based on the 5-year killer whales (1,123 residents and 345 the whale provide Native artisans with population estimates and 10-year transients), 0.11 percent of the Gulf of materials for cultural handicrafts, and measure of the population growth rate. Alaska stock of approximately 31,046 the hunting itself perpetuates Native Based on the 2008–2012 5-year harbor porpoises, and 0.005 percent of traditions by transmitting traditional abundance estimates, no hunt occurred the eastern North Pacific stock of skills and knowledge to younger between 2008 and 2012 (NMFS, 2008a). approximately 19,126 gray whales. The generations (NOAA, 2007). The Cook Inlet Marine Mammal take requests presented for harbor seals The Cook Inlet beluga whale has Council, which managed the Alaska represent 9.7 percent of the Cook Inlet/ traditionally been hunted by Alaska Native Subsistence fishery with NMFS, Shelikof stock of approximately 22,900 Natives for subsistence purposes. For was disbanded by a unanimous vote of animals. The requested takes proposed several decades prior to the 1980s, the the Tribes’ representatives on June 20, for Steller sea lions represent 0.09 Native Village of Tyonek residents were 2012. At this time, no harvest is percent of the western stock of the primary subsistence hunters of Cook expected in 2015 or, likely, in 2016. approximately 79,300 animals. These Inlet beluga whales. During the 1980s Residents of the Native Village of take estimates represent the percentage and 1990s, Alaska Natives from villages Tyonek are the primary subsistence of each species or stock that could be in the western, northwestern, and North users in the Knik Arm area. taken by Level B behavioral harassment. Slope regions of Alaska either moved to Data on the harvest of other marine NMFS finds that any incidental take or visited the south central region and mammals in Cook Inlet are lacking. reasonably likely to result annually from participated in the yearly subsistence Some data are available on the the effects of the proposed activities, as harvest (Stanek, 1994). From 1994 to subsistence harvest of harbor seals, proposed to be mitigated through this 1998, NMFS estimated 65 whales per harbor porpoises, and killer whales in rulemaking and LOA process, will be year (range 21–123) were taken in this Alaska in the marine mammal stock limited to small numbers of the affected harvest, including those successfully assessments. However, these numbers species or stock. In addition to the taken for food and those struck and lost. are for the Gulf of Alaska including quantitative methods used to estimate NMFS has concluded that this number Cook Inlet, and they are not indicative take, NMFS also considered qualitative is high enough to account for the of the harvest in Cook Inlet. factors that further support the ‘‘small estimated 14 percent annual decline in numbers’’ determination, including: (1) the population during this time (Hobbs There is a low level of subsistence The seasonal distribution and habitat et al., 2008). Actual mortality may have hunting for harbor seals in Cook Inlet. use patterns of Cook Inlet beluga been higher, given the difficulty of Seal hunting occurs opportunistically whales, which suggest that for much of estimating the number of whales struck among Alaska Natives who may be the time only a small portion of the and lost during the hunts. In 1999, a fishing or travelling in the upper Inlet population would be accessible to moratorium was enacted (Public Law near the mouths of the Susitna River, impacts from Apache’s activity, as most 106–31) prohibiting the subsistence take Beluga River, and Little Susitna River. animals are found in the Susitna Delta of Cook Inlet beluga whales except Some data are available on the region of Upper Cook Inlet from early through a cooperative agreement subsistence harvest of harbor seals, May through September; (2) other between NMFS and the affected Alaska harbor porpoises, and killer whales in cetacean species and Steller sea lions Native organizations. Since the Cook Alaska in the marine mammal stock are not common in the seismic survey Inlet beluga whale harvest was regulated assessments. However, these numbers area; (3) the proposed mitigation in 1999 requiring cooperative are for the Gulf of Alaska including requirements, which provide spatio- agreements, five beluga whales have Cook Inlet, and they are not indicative temporal limitations that avoid impacts been struck and harvested. Those beluga of the harvest in Cook Inlet. Some to large numbers of belugas feeding and whales were harvested in 2001 (one detailed information on the subsistence calving in the Susitna Delta and limit animal), 2002 (one animal), 2003 (one harvest of harbor seals is available from exposures to sound levels associated animal), and 2005 (two animals). The past studies conducted by the Alaska with Level B harassment; (4) the Native Village of Tyonek agreed not to Department of Fish & Game (Wolfe et proposed monitoring requirements and hunt or request a hunt in 2007, when no al., 2009). In 2008, 33 harbor seals were mitigation measures described earlier in co-management agreement was to be taken for harvest in the Upper Kenai- this document for all marine mammal signed (NMFS, 2008a). Cook Inlet area. In the same study, species that will further reduce impacts On October 15, 2008, NMFS reports from hunters stated that harbor and the amount of takes; and (5) published a final rule that established seal populations in the area were monitoring results from previous long-term harvest limits on the Cook increasing (28.6%) or remaining stable activities that indicated low numbers of Inlet beluga whales that may be taken by (71.4%). The specific hunting regions beluga whale sightings within the Level Alaska Natives for subsistence purposes identified were Anchorage, Homer, B disturbance exclusion zone and low (73 FR 60976). That rule prohibits Kenai, and Tyonek, and hunting levels of Level B harassment takes of harvest for a 5-year period (2008–2012), generally peaks in March, September, other marine mammals. Therefore, if the average abundance for the Cook and November (Wolfe et al., 2009).

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Potential Impacts to Subsistence Uses (CIMMC) to describe the project Unmitigable Adverse Impact Analysis Section 101(a)(5)(A) also requires activities and discuss subsistence and Preliminary Determination NMFS to determine that the taking will concerns. The meeting provided The project will not have any effect not have an unmitigable adverse effect information on the time, location, and on beluga whale harvests because no on the availability of marine mammal features of the proposed program, beluga harvest will take place in 2015, species or stocks for subsistence use. opportunities for involvement by local nor is one likely to occur in the other NMFS has defined ‘‘unmitigable adverse people, potential impacts to marine years that would be covered by the 5- impact’’ in 50 CFR 216.103 as an impact mammals, and mitigation measures to year regulations and associated LOAs. resulting from the specified activity: (1) avoid impacts. Discussions regarding Additionally, the proposed seismic That is likely to reduce the availability marine seismic operations continued survey area is not an important native of the species to a level insufficient for with the CIMMC until its disbandment. subsistence site for other subsistence a harvest to meet subsistence needs by: In 2014, Apache held meetings or species of marine mammals. Also, (i) Causing the marine mammals to discussions regarding project activities because of the relatively small abandon or avoid hunting areas; (ii) with the following entities: Native proportion of marine mammals utilizing Directly displacing subsistence users; or Village of Tyonek, Tyonek Native Cook Inlet, the number harvested is (iii) Placing physical barriers between Corporation, Cook Inlet Region, Inc., expected to be extremely low. the marine mammals and the Ninilchik Native Association, Ninilchik Therefore, because the proposed subsistence hunters; and (2) That cannot Tribal Council, Salamatof Native program would result in only temporary be sufficiently mitigated by other Association, Cook Inlet Keeper, Alaska disturbances, the seismic program measures to increase the availability of Salmon Alliance, Upper Cook Inlet Drift would not impact the availability of marine mammals to allow subsistence Association, and the Kenai Peninsula these other marine mammal species for needs to be met. Fisherman’s Association. Further, subsistence uses. The primary concern is the Apache has placed posters in local The timing and location of disturbance of marine mammals through businesses, offices, and stores in nearby subsistence harvest of Cook Inlet harbor the introduction of anthropogenic sound communities and published newspaper seals may coincide with Apache’s into the marine environment during the ads in the Peninsula Clarion. project, but because this subsistence proposed seismic survey. Marine Apache has identified the following hunt is conducted opportunistically and mammals could be behaviorally features that are intended to reduce at such a low level (NMFS, 2013c), harassed and either become more impacts to subsistence users: Apache’s program is not expected to difficult to hunt or temporarily abandon • In-water seismic activities will have an impact on the subsistence use traditional hunting grounds. However, follow mitigation procedures to of harbor seals. the proposed seismic survey should not minimize effects on the behavior of NMFS anticipates that any effects have any impacts to beluga harvests as marine mammals and, therefore, from Apache’s proposed seismic survey none currently occur in Cook Inlet. opportunities for harvest by Alaska on marine mammals, especially harbor Additionally, subsistence harvests of Native communities; and seals and Cook Inlet beluga whales, other marine mammal species are • which are or have been taken for limited in Cook Inlet. Regional subsistence subsistence uses, would be short-term, representatives may support recording site specific, and limited to Plan of Cooperation or Measures To marine mammal observations along inconsequential changes in behavior Minimize Impacts to Subsistence Hunts with marine mammal biologists during and mild stress responses. NMFS does Regulations at 50 CFR 216.104(a)(12) the monitoring programs and will be not anticipate that the authorized taking require LOA applicants for activities provided with annual reports. of affected species or stocks will reduce that take place in Arctic waters to Apache and NMFS recognize the the availability of the species to a level provide a Plan of Cooperation or importance of ensuring that ANOs and insufficient for a harvest to meet information that identifies what federally recognized tribes are informed, subsistence needs by: (1) Causing the measures have been taken and/or will engaged, and involved during the marine mammals to abandon or avoid be taken to minimize adverse effects on permitting process and will continue to hunting areas; (2) directly displacing the availability of marine mammals for work with the ANOs and tribes to subsistence users; or (3) placing subsistence purposes. NMFS regulations discuss operations and activities. On physical barriers between the marine define Arctic waters as waters above 60° February 6, 2012, in response to mammals and the subsistence hunters; N. latitude. requests for government-to-government and that cannot be sufficiently mitigated Since November 2010, Apache has consultations by the CIMMC and Native by other measures to increase the met and continues to meet with many Village of Eklutna, NMFS met with availability of marine mammals to allow of the villages and traditional councils representatives of these two groups and subsistence needs to be met. Based on throughout the Cook Inlet region. a representative from the Ninilchik. We the description of the specified activity, During these meetings, no concerns engaged in a discussion about the the measures described to minimize have been raised regarding potential proposed IHA for phase 1 of Apache’s adverse effects on the availability of conflict with subsistence harvest. Past seismic program, the MMPA process for marine mammals for subsistence meetings have been held with issuing an IHA, concerns regarding purposes, and the proposed mitigation Alexander Creek, Knikatnu, Native Cook Inlet beluga whales, and how to and monitoring measures, NMFS has Village of Tyonek, Salamatof, Tyonek achieve greater coordination with NMFS preliminarily determined that there will Native Corporation, Ninilchik on issues that impact tribal concerns. not be an unmitigable adverse impact on Traditional Council, Ninilchik Native NMFS contacted the local Native subsistence uses from Apache’s Association, Village of Eklutna, Villages to inform them of our receipt of proposed activities. Kenaitze Indian Tribe, and Cook Inlet an application from Apache to Region, Inc. promulgate regulations and issue Endangered Species Act (ESA) Additionally, Apache met with the subsequent annual LOAs in August There are two marine mammal Cook Inlet Marine Mammal Council 2014. species listed as endangered under the

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ESA with confirmed or possible collection of information subject to the that occurs in the area outlined in occurrence in the proposed project area: requirements of the Paperwork paragraph (b) of this section and that The Cook Inlet beluga whale and the Reduction Act (PRA) unless that occurs incidental to oil and gas western DPS of Steller sea lion. In collection of information displays a exploration seismic survey program addition, the proposed action would currently valid OMB control number. operations. occur within designated critical habitat This proposed rule contains collection- (b) The taking of marine mammals by for the Cook Inlet beluga whale. NMFS’s of-information requirements subject to Apache may be authorized in a Letter of Permits and Conservation Division has the provisions of the PRA. These Authorization (LOA) only if it occurs initiated consultation with NMFS’ requirements have been approved by within the intertidal transition zone and Alaska Region Protected Resources OMB under control number 0648–0151 marine environment of Cook Inlet, Division under section 7 of the ESA on and include applications for regulations, Alaska. the promulgation of 5-year regulations subsequent LOAs, and reports. Send and the subsequent issuance of annual comments regarding any aspect of this § 217.131 Effective dates. LOAs to Apache under section data collection, including suggestions [Reserved] 101(a)(5)(A) of the MMPA. This for reducing the burden, to NMFS and § 217.132 Permissible methods of taking. consultation will be concluded prior to the OMB Desk Officer (see ADDRESSES). issuing any final rule. (a) Under LOAs issued pursuant to List of Subjects in 50 CFR Part 217 § 216.106 of this chapter and § 217.136, National Environmental Policy Act Exports, Fish, Imports, Indians, the Holder of the LOA (hereinafter (NEPA) Labeling, Marine mammals, Penalties, ‘‘Apache’’) may incidentally, but not NMFS has prepared a Draft Reporting and recordkeeping intentionally, take marine mammals Environmental Assessment (EA) for the requirements, Seafood, Transportation. within the area described in issuance of regulations and associated § 217.130(b), provided the activity is in Dated: February 9, 2015. LOAs to Apache for the proposed oil compliance with all terms, conditions, and gas exploration seismic survey Samuel D. Rauch III, and requirements of the regulations in program in Cook Inlet. The Draft EA has Deputy Assistant Administrator for this subpart and the appropriate LOA. been made available for public comment Regulatory Programs, National Marine (b) The incidental take of marine Fisheries Service. concurrently with this proposed rule mammals under the activities identified (see ADDRESSES). NMFS will either For reasons set forth in the preamble, in § 217.130(a) is limited to the finalize the EA and prepare a FONSI or 50 CFR part 217 is proposed to be indicated number of takes on an annual prepare an Environmental Impact amended as follows: basis of the following species and is Statement prior to issuance of the final limited to Level B harassment: rule (if issued). PART 217—REGULATIONS (1) Cetaceans: GOVERNING THE TAKE OF MARINE (i) Beluga whale (Delphinapterus Classification MAMMALS INCIDENTAL TO leucas)—30; The Office of Management and Budget SPECIFIED ACTIVITIES (ii) Harbor porpoise (Phocoena has determined that this proposed rule phocoena)—35; ■ 1. The authority citation for part 217 is not significant for purposes of (iii) Killer whale (Orcinus orca)—10; continues to read as follows: Executive Order 12866. (iv) Gray whale (Eschrichtius Pursuant to section 605(b) of the Authority: 16 U.S.C. 1361 et seq., unless robustus)—2; Regulatory Flexibility Act (RFA), the otherwise noted. (2) Pinnipeds: Chief Counsel for Regulation of the ■ 2. Subpart N is added to part 217 to (i) Harbor seal (Phoca vitulina)— Department of Commerce has certified read as follows: 2,211; and to the Chief Counsel for Advocacy of the (ii) Steller sea lion (Eumetopias Small Business Administration that this Subpart N—Taking Marine Mammals Incidental to Seismic Surveys in Cook Inlet, jubatus)—75. proposed rule, if adopted, would not Alaska have a significant economic impact on § 217.133 Prohibitions. a substantial number of small entities. Sec. Notwithstanding takings 217.130 Specified activity and specified contemplated in § 217.130 and Apache Alaska Corporation is the only geographical region. entity that would be subject to the 217.131 Effective dates. authorized by a LOA issued under requirements in these proposed 217.132 Permissible methods of taking. § 216.106 of this chapter and § 217.136, regulations. Apache Alaska Corporation 217.133 Prohibitions. no person in connection with the is a part of Apache Corporation, which 217.134 Mitigation requirements. activities described in § 217.130 of this has operations and locations in the 217.135 Requirements for monitoring and chapter may: United States, Canada, Australia, Egypt, reporting. (a) Take any marine mammal not and the United Kingdom (North Sea), 217.136 Letters of Authorization. specified in § 217.132(b); employs thousands of people 217.137 Renewals and modifications of (b) Take any marine mammal Letters of Authorization. worldwide, and has a market value in specified in § 217.132(b) other than by the billions of dollars. Therefore, Subpart N—Taking Marine Mammals incidental Level B harassment; Apache is not a small governmental Incidental to Seismic Surveys in Cook (c) Take a marine mammal specified jurisdiction, small organization, or small Inlet, Alaska in § 217.132(b) if the National Marine business, as defined by the RFA. Fisheries Service (NMFS) determines Because of this certification, a § 217.130 Specified activity and specified such taking results in more than a regulatory flexibility analysis is not geographical region. negligible impact on the species or required and none has been prepared. (a) Regulations in this subpart apply stocks of such marine mammal; Notwithstanding any other provision only to Apache Alaska Corporation (d) Take a marine mammal specified of law, no person is required to respond (Apache) and those persons it in § 217.132(b) if NMFS determines to nor shall a person be subject to a authorizes to conduct activities on its such taking results in an unmitigable penalty for failure to comply with a behalf for the taking of marine mammals adverse impact on the species or stock

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of such marine mammal for taking for (i) For the full-power airgun array (B) Advanced education in biological subsistence uses; or (2,400 in3), the Level B harassment zone science or related field (undergraduate (e) Violate, or fail to comply with, the (160 dB re 1 mPa [rms]) shall be of 9,500 degree or higher required); terms, conditions, and requirements of m radial distance, the Level A (C) Experience and ability to conduct this subpart or an LOA issued under harassment zone for cetaceans (180 dB field observations and collect data § 216.106 of this chapter and § 217.136. re 1 mPa [rms]) shall be of 1,400 m radial according to assigned protocols (this distance; and the Level A harassment may include academic experience); § 217.134 Mitigation requirements. for pinnipeds (190 dB re 1 mPa [rms]) (D) Experience or training in the field When conducting the activities shall be of 380 m radial distance. identification of marine mammals, identified in § 217.130(a), the mitigation (ii) For the shallow-water source (440 including the identification of measures contained in any LOA issued in3), the Level B harassment zone (160 behaviors; under § 216.106 of this chapter and dB re 1 mPa [rms]) shall be of 2,500 m (E) Sufficient training, orientation, or § 217.136 must be implemented. These radial distance, the Level A harassment experience with the survey operation to mitigation measures include but are not zone for cetaceans (180 dB re 1 mPa provide for personal safety during limited to: [rms]) shall be of 310 m radial distance; observations; (a) General conditions: (1) If any and the Level A harassment for (F) Writing skills sufficient to prepare marine mammal species not listed in pinnipeds (190 dB re 1 mPa [rms]) shall a report of observations including but § 217.132(b) are observed during be of 100 m radial distance. not limited to the number and species conduct of the activities identified in (iii) For the mitigation gun (10 in3), of marine mammals observed; dates and § 217.130(a) and are likely to be exposed times when survey activities were to sound pressure levels (SPLs) greater the Level B harassment zone (160 dB re 1 mPa [rms]) shall be of 280 m radial conducted; dates and times when than or equal to 160 dB re 1 mPa (rms), survey activities were suspended to Apache must avoid such exposure (e.g., distance and a single Level A harassment zone of 10 m radial distance avoid exposure of marine mammals to by altering speed or course or by power sound within defined exclusion zones; down or shutdown of the sound source). shall be established. (iv) During use of pingers, Apache and marine mammal behavior; and (2) If the allowable number of takes on (G) Ability to communicate orally, by shall establish a Level B harassment an annual basis listed for any marine radio or in person, with project zone (160 dB re 1 mPa [rms]) of 25 m mammal species in § 217.132(b) is personnel to provide real-time radial distance. exceeded, or if any marine mammal information on marine mammals (2) Vessel-based monitoring for species not listed in § 217.132(b) is observed in the area as necessary. exposed to SPLs greater than or equal to marine mammals must be conducted (ii) PSOs must have access to 160 dB re 1 mPa (rms), Apache shall before, during, and after all activity binoculars (7 × 50 with reticle immediately cease survey operations identified in § 217.130(a) that is rangefinder; Fujinon or equivalent involving the use of active sound conducted during daylight hours quality), laser rangefinder, and bigeye sources (e.g., airguns and pingers), (defined as nautical twilight-dawn to binoculars (25 × 150) and shall scan the record the observation, and notify nautical twilight-dusk), and shall begin surrounding waters from the best NMFS Office of Protected Resources. not less than thirty minutes prior to the available suitable vantage point with the (3) Apache must notify the Office of beginning of survey activity, continue naked eye and binoculars. At least one Protected Resources, NMFS at least 48 throughout all survey activity that PSO shall scan the surrounding waters hours prior to the start of seismic survey occurs during daylight hours, and during all daylight hours using bigeye activities each year. conclude not less than thirty minutes binoculars. (4) Apache shall conduct briefings as following the cessation of survey (iii) PSOs shall also conduct visual necessary between vessel crews, marine activity. Apache shall use a sufficient monitoring mammal monitoring team, and other number of qualified protected species (A) While the airgun array and nodes relevant personnel prior to the start of observers (PSO) to ensure one hundred are being deployed or recovered from all survey activity, and when new percent visual observation coverage the water and personnel join the work, in order to during all periods of daylight survey (B) During periods of good visibility explain responsibilities, communication operations with maximum limits of four when the sound sources are not procedures, marine mammal monitoring consecutive hours on watch and twelve operating for comparison of animal protocol, and operational procedures. hours of watch time per day per PSO. abundance and behavior. (b) Visual monitoring: (1) Apache One PSO must be a supervisory field (iv) PSOs shall be on watch at all shall establish zones corresponding to crew leader. A minimum of two times during daylight hours when the area around the source within which qualified PSOs shall be on watch at all survey operations are being conducted, SPLs are expected to equal or exceed times during daylight hours on each unless conditions (e.g., fog, rain, relevant acoustic criteria. These zones source and support vessel (except darkness) make observations shall be established as exclusion zones during brief meal and restroom breaks, impossible. The lead PSO on duty shall (shutdown zones) to avoid Level A when at least one PSO shall be on make this determination. If conditions harassment of any marine mammal, watch). deteriorate during daylight hours such Level B harassment of beluga whales, or (i) A qualified PSO is a third-party that the sea surface observations are Level B harassment of aggregations of trained biologist, with prior experience halted, visual observations must resume five or more killer whales or harbor as a PSO during seismic surveys and the as soon as conditions permit. porpoises. For all marine mammals following minimum qualifications: (3) Survey activity must begin during other than beluga whales or aggregations (A) Visual acuity in both eyes periods of good visibility, which is of five or more harbor porpoises or killer (correction is permissible) sufficient for defined as daylight hours when weather whales, the Level B harassment zone discernment of moving targets at the (e.g., fog, rain) does not obscure the shall be established as a disturbance water’s surface with ability to estimate relevant exclusion zones within zone and monitored as described in target size and distance; use of maximum line-of-sight. In order to begin § 217.135(a)(1). These zones shall be binoculars may be necessary to correctly survey activity, the relevant exclusion defined as follows: identify the target; zones must be clear of marine mammals

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for not less than thirty minutes. If described in § 217.135(c)(2), to NMFS down or shutdown must be marine mammals are present within or Office of Protected Resources. implemented. are observed approaching the relevant (i) When a requirement for power (3) Apache shall not operate airguns exclusion zone during this thirty-minute down or shutdown is triggered, the call within 16 km of the mean higher high pre-clearance period, the start of survey for implementation shall be made by the water (MHHW) line of the Susitna Delta activity shall be delayed until the lead PSO on duty and Apache shall (Beluga River to the Little Susitna River) animals are observed leaving the zone of comply. Any disagreement with a between April 15 and October 15. their own volition and/or outside the determination made by the lead PSO on (4) Apache must suspend survey zone or until fifteen minutes (for duty shall be discussed after operations if a live marine mammal pinnipeds and harbor porpoises) or implementation of power down or stranding is reported within 19 km of thirty minutes (for beluga whales, killer shutdown, as appropriate. the seismic source vessel coincident to whales, and gray whales) have elapsed (ii) Following a power down or or within 72 hours of survey activities without observing the animal. While shutdown not exceeding ten minutes, involving the use of airguns, regardless activities will be permitted to continue Apache shall follow the ramp-up of any suspected cause of the stranding. during low-visibility conditions, they procedure described in paragraph (c)(1) A live stranding event is defined as a must have been initiated following of this section to return to full-power marine mammal found on a beach or proper clearance of the exclusion zone operation. shore and unable to return to the water; under acceptable observation conditions (iii) Following a shutdown exceeding on a beach or shore and able to return and must be restarted, if shut down for ten minutes, Apache shall follow the to the water but in apparent need of greater than ten minutes for any reason, exclusion zone clearance, described in medical attention; or in the water but using the appropriate exclusion zone paragraph (b)(3) of this section, and unable to return to its natural habitat clearance procedures. ramp-up procedures, described in under its own power or without paragraph (c)(1) of this section, before (c) Ramp-up and shutdown: (1) assistance. returning to full-power operation. Survey activity involving the full-power (i) Apache must immediately (3) Survey operations may be implement a shutdown of the airgun airgun array or shallow-water source conducted during low-visibility must be initiated, following appropriate array upon becoming aware of the live conditions (e.g., darkness, fog, rain) only stranding event. clearance of the exclusion zone, using when such activity was initiated accepted ramp-up procedures. Ramp-up (ii) Shutdown procedures shall following proper clearance of the remain in effect until NMFS determines is required at the start of survey activity exclusion zone under acceptable and at any time following a shutdown that all live animals involved in the observation conditions, as described in stranding have left the area (either of of ten minutes or greater. Ramp-up shall paragraph (b)(3) of this section, and be implemented by starting the smallest their own volition or following there has not been a shutdown responder assistance). single gun available and increasing the exceeding ten minutes. Following a operational array volume in a defined (iii) Within 48 hours of the shutdown exceeding ten minutes during notification of the live stranding event, sequence such that the source level of low-visibility conditions, survey the array shall increase in steps not Apache must inform NMFS where and operations must be suspended until the when they were operating airguns and exceeding approximately 6 dB per five- return of good visibility. During low- minute period. PSOs shall continue at what discharge volumes. visibility conditions, vessel bridge crew (iv) Apache must appoint a contact monitoring the relevant exclusion zones must implement shutdown procedures who can be reached at any time for throughout the ramp-up process and, if if marine mammals are observed. notification of live stranding events. marine mammals are observed within or (d) Additional mitigation: (1) The Immediately upon notification of the approaching the zones, a power down or mitigation airgun must be operated at live stranding event, this person must shutdown shall be implemented and approximately one shot per minute, and order the immediate shutdown of the ramp-up restarted following appropriate use of the gun may not exceed three survey operations. exclusion zone clearance procedures as consecutive hours. Ramp-up may not be described in paragraph (b)(3) of this used to circumvent the three-hour § 217.135 Requirements for monitoring section. limitation on mitigation gun usage. and reporting. (2) Apache must shut down or power Usage of the mitigation gun shall be (a) Visual monitoring program: (1) down the source, as appropriate, limited by when feasible, employing a Disturbance zones shall be established immediately upon detection of any turn protocol of complete shutdown as described in § 217.134(b)(1), and marine mammal approaching or within followed by pre-clearance and ramp-up shall encompass the Level B harassment the relevant Level A exclusion zone or such that full power is reached prior to zones not defined as exclusion zones in upon detection of any beluga whale or returning to trackline (rather than using § 217.134(b)(1). These zones shall be aggregation of five or more harbor the mitigation gun throughout the turn) monitored to maximum line-of-sight porpoises or killer whales approaching and turning on mitigation gun at least distance from established vessel- and or within the relevant Level B exclusion thirty minutes prior to nautical-twilight shore-based monitoring locations. If zone. Power down is defined as dusk when nighttime ramp-up is marine mammals other than beluga reduction of total airgun array volume anticipated. whales or aggregations of five or greater from either the full-power airgun array (2) Apache may alter speed or course harbor porpoises or killer whales are (2,400 in3) or the shallow-water source during seismic operations if a marine observed within the disturbance zone, (440 in3) to a single mitigation gun mammal, based on its position and the observation shall be recorded and (maximum 10 in3). Power down must relative motion, appears likely to enter communicated as necessary to other be followed by shutdown in the event the relevant exclusion zone and such PSOs responsible for implementing that the animal(s) approach the alteration may result in the animal not shutdown/power down requirements exclusion zones defined for the entering the zone. If speed or course and any behaviors documented. mitigation gun. Detection of any marine alteration is not safe or practicable, or if (2) Apache shall utilize a shore-based mammal within an exclusion zone shall after alteration the marine mammal still station to visually monitor for marine be recorded and reported weekly, as appears likely to enter the zone, power mammals. The shore-based station must

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be staffed by PSOs under the same and overall visibility to the horizon (in watch and during a watch whenever minimum requirements described in distance). there is a change in one or more of the § 217.134(b)(2), must be located (iii) Factors that may be contributing variables. appropriately to monitor the area to impaired observations during each (b) Onshore seismic effort: (1) When ensonified by that day’s survey PSO shift change or as needed as conducting onshore seismic effort, in operations, must be of sufficient height environmental conditions change (e.g., the event that a shot hole charge depth to observe marine mammals within the vessel traffic, equipment malfunctions). of 10 m is not consistently attainable ensonified area; and must be equipped (iv) Activity information, such as the due to loose sediments collapsing the with pedestal-mounted bigeye (25 × number and volume of airguns bore hole, a sound source verification 150) binoculars. The shore-based PSOs operating in the array, tow depth of the study must be conducted on the new shall scan the defined exclusion and array, and any other notes of land-based charge depths. disturbance zones prior to, during, and significance (e.g., pre-ramp-up survey, (2) [Reserved]. after survey operations, and shall be in ramp-up, power down, shutdown, (c) Reporting: contact with vessel-based PSOs via testing, shooting, ramp-up completion, (1) Apache must immediately report radio to communicate sightings of end of operations, nodes). to NMFS at such time as 25 total beluga marine mammals approaching or within (v) When a marine mammal is whales (cumulative total during period the defined zones. observed, the following information of validity of LOA) have been detected (3) When weather conditions allow shall be recorded: Watch status (sighting within the 160-dB re 1 mPa (rms) for safety, Apache shall utilize made by PSO on/off effort, exclusion zone, regardless of shutdown helicopter or fixed-wing aircraft to opportunistic, crew, alternate vessel/ or power down procedures platform, aerial, land); PSO who sighted conduct daily aerial surveys of the implemented, during seismic survey the animal; time of sighting; vessel project area prior to the commencement operations. location at time of sighting; water depth; (2) Apache must submit a weekly of operations in order to identify direction of vessel’s travel (compass field report to NMFS Office of Protected locations of beluga whale aggregations direction); direction of animal’s travel Resources each Thursday during the (five or more whales) or cow-calf pairs. relative to the vessel (drawing is weeks when in-water seismic survey Daily surveys shall be scheduled to preferred); pace of the animal; estimated activities take place. The weekly field occur at least thirty but no more than distance to the animal and its heading reports shall summarize species 120 minutes prior to any seismic relative to vessel at initial sighting; detected (number, location, distance survey-related activities (including but identification of the animal (genus/ from seismic vessel, behavior), in-water not limited to node laying/retrieval or species/sub-species, lowest possible activity occurring at the time of the airgun operations) and shall also occur taxonomic level, or unidentified; also sighting (discharge volume of array at on days when there may be no survey note the composition of the group if time of sighting, seismic activity at time activities. Aerial surveys shall occur there is a mix of species); estimated of sighting, visual plots of sightings, and along and parallel to the shoreline number of animals (high/low/best); number of power downs and throughout the project area as well as estimated number of animals by cohort shutdowns), behavioral reactions to in- the eastern and western shores of (when possible; adults, yearlings, water activities, and the number of central and northern Cook Inlet in the juveniles, calves, group composition, marine mammals exposed to sound at or vicinity of the survey area. etc.); description (as many exceeding relevant thresholds. (i) When weather conditions allow for distinguishing features as possible of (3) Apache must submit a monthly safety, aerial surveys shall fly at an each individual seen, including length, report, no later than the fifteenth of each altitude of 305 m (1,000 ft). In the event shape, color, pattern, scars or markings, month, to NMFS Office of Protected of a marine mammal sighting, aircraft shape and size of dorsal fin, shape of Resources for all months during which shall attempt to maintain a lateral head, and blow characteristics); detailed in-water seismic survey activities occur. distance of 457 m (1,500 ft) from the behavioral observations (e.g., number of These reports must summarize the animal(s). Aircraft shall avoid blows, number of surfaces, breaching, information described in paragraph approaching marine mammals head-on, spyhopping, diving, feeding, traveling; (a)(4) of this section and shall also flying over or passing the shadow of the as explicit and detailed as possible; note include: aircraft over the animal(s). any observed changes in behavior); (i) An estimate of the number (by (ii) [Reserved]. animal’s closest point of approach and/ species) of: (4) PSOs must use NMFS-approved or closest distance from the center point (A) Pinnipeds that have been exposed data forms and shall record the of the airgun array; platform activity at to sound (based on visual observation) following information when a marine time of sighting (e.g., deploying, at received levels greater than or equal mammal is observed: recovering, testing, shooting, data to 160 dB re 1 mPa (rms) and/or 190 dB (i) Effort information, including vessel acquisition, other). re 1 mPa (rms) with a discussion of any name; PSO name; survey type; date; (vi) Description of any actions specific behaviors those individuals time when survey (observing and implemented in response to the sighting exhibited; and activities) began and ended; vessel (e.g., delays, power down, shutdown, (B) Cetaceans that have been exposed location (latitude/longitude) when ramp-up, speed or course alteration); to sound (based on visual observation) survey (observing and activities) began time and location of the action should at received levels greater than or equal and ended; vessel heading and speed also be recorded. to 160 dB re 1 mPa (rms) and/or 180 dB (knots). (vii) If mitigation action was not re 1 mPa (rms) with a discussion of any (ii) Environmental conditions while implemented when required, specific behaviors those individuals on visual survey, including wind speed description of circumstances. exhibited. and direction, Beaufort sea state, (viii) Description of all use of (ii) A description of the Beaufort wind force, swell height, mitigation gun. implementation and effectiveness of the weather conditions, ice cover (percent (5) The data listed in terms and conditions of the Biological of surface, ice type, and distance to ice § 217.135(a)(4)(i–ii) shall also be Opinion’s Incidental Take Statement if applicable), cloud cover, sun glare, recorded at the start and end of each and mitigation measures of the LOA.

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For the Biological Opinion, the report cease the specified activities and report sighting to NMFS. If the observed shall confirm the implementation of the incident to the Office of Protected marine mammal is dead, activities may each Term and Condition, as well as any Resources, NMFS, and the Alaska continue while NMFS reviews the conservation recommendations, and Regional Stranding Coordinator, NMFS. circumstances of the incident. If the describe their effectiveness in The report must include the following observed marine mammal is injured, minimizing the adverse effects of the information: measures described in § 217.134(d)(4) action on Endangered Species Act-listed (i) Time, date, and location (latitude/ must be implemented. In this case, marine mammals. longitude) of the incident; NMFS will notify Apache when (4) Apache shall submit an annual (ii) Description of the incident; activities may resume. report to NMFS Office of Protected (iii) Environmental conditions (e.g., Resources covering a given calendar wind speed and direction, Beaufort sea § 217.136 Letters of Authorization. year within ninety days of the last day state, cloud cover, and visibility); (a) To incidentally take marine of airgun operation or at least sixty days (iv) Description of marine mammal mammals pursuant to these regulations, before the requested date of any observations in the 24 hours preceding Apache must apply for and obtain a subsequent LOA, whichever comes first. the incident; LOA. The annual report shall include (v) Species identification or (b) An LOA, unless suspended or summaries of the information described description of the animal(s) involved; revoked, may be effective for a period of in paragraph (a)(4) of this section and (vi) Status of all sound source use in time not to exceed the expiration date shall also include: the 24 hours preceding the incident; of these regulations. (i) Summaries of monitoring effort (vii) Water depth; (c) If an LOA expires prior to the (viii) Fate of the animal(s); and (e.g., total hours, total distances, and expiration date of these regulations, (ix) Photographs or video footage of marine mammal distribution through Apache may apply for and obtain a the animal(s). Activities shall not the study period, accounting for sea renewal of the Letter of Authorization. resume until NMFS is able to review the state and other factors affecting (d) In the event of projected changes circumstances of the prohibited take. visibility and detectability of marine to the activity or to mitigation and NMFS shall work with Apache to mammals); monitoring measures required by an determine what measures are necessary (ii) Analyses of the effects of various LOA, Apache must apply for and obtain to minimize the likelihood of further factors influencing detectability of a modification of the Letter of prohibited take and ensure MMPA marine mammals (e.g., sea state, number Authorization as described in § 217.137. compliance. Apache may not resume of observers, and fog/glare); (e) The LOA shall set forth: (iii) Species composition, occurrence, their activities until notified by NMFS. (1) Permissible methods of incidental (2) In the event that Apache discovers and distribution of marine mammal taking; an injured or dead marine mammal, and sightings, including date, water depth, (2) Means of effecting the least the lead PSO determines that the cause numbers, age/size/gender categories (if practicable adverse impact (i.e., of the injury or death is unknown and determinable), group sizes, and ice mitigation) on the species, its habitat, the death is relatively recent (e.g., in cover; and on the availability of the species for (iv) Analyses of the effects of survey less than a moderate state of subsistence uses; and operations; and decomposition), Apache shall (3) Requirements for monitoring and (v) Sighting rates of marine mammals immediately report the incident to the reporting. during periods with and without Office of Protected Resources, NMFS, (f) Issuance of the LOA shall be based seismic survey activities (and other and the Alaska Regional Stranding on a determination that the level of variables that could affect detectability), Coordinator, NMFS. The report must taking will be consistent with the such as: include the same information identified findings made for the total taking (A) Initial sighting distances versus in § 217.135(d)(1). If the observed allowable under these regulations. survey activity state; marine mammal is dead, activities may (g) Notice of issuance or denial of a (B) Closest point of approach versus continue while NMFS reviews the LOA shall be published in the Federal survey activity state; circumstances of the incident. If the Register within thirty days of a (C) Observed behaviors and types of observed marine mammal is injured, determination. movements versus survey activity state; measures described in § 217.134(d)(4) (D) Numbers of sightings/individuals must be implemented. NMFS will work § 217.137 Renewals and modifications of seen versus survey activity state; with Apache to determine whether Letters of Authorization. (E) Distribution around the source additional mitigation measures or (a) An LOA issued under § 216.106 of vessels versus survey activity state; and modifications to the activities are this chapter and § 217.136 for the (F) Numbers of marine mammals (by appropriate. activity identified in § 217.130(a) shall species) detected in the 160, 180, and (3) In the event that Apache discovers be renewed or modified upon request by 190 dB re 1 mPa (rms) zones. an injured or dead marine mammal, and the applicant, provided that: (5) Apache shall submit a final annual the lead PSO determines that the injury (1) The proposed specified activity report to the Office of Protected or death is not associated with or related and mitigation, monitoring, and Resources, NMFS, within thirty days to the activities authorized in the LOA reporting measures, as well as the after receiving comments from NMFS on (e.g., previously wounded animal, anticipated impacts, are the same as the draft report. carcass with moderate to advanced those described and analyzed for these (d) Notification of dead or injured decomposition, scavenger damage), regulations (excluding changes made marine mammals. (1) In the Apache shall report the incident to the pursuant to the adaptive management unanticipated event that the specified Office of Protected Resources, NMFS, provision in § 217.137(c)(1)), and activity clearly causes the take of a and the Alaska Regional Stranding (2) NMFS determines that the marine mammal in a manner prohibited Coordinator, NMFS, within 24 hours of mitigation, monitoring, and reporting by this Authorization, such as an injury the discovery. Apache shall provide measures required by the previous LOA (Level A harassment), serious injury, or photographs or video footage or other under these regulations were mortality, Apache shall immediately documentation of the stranded animal implemented.

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(b) For a LOA modification or renewal (1) Adaptive management—NMFS in a manner, extent or number not requests by the applicant that include may modify (including augment) the authorized by these regulations or changes to the activity or the mitigation, existing mitigation, monitoring, or subsequent LOAs. monitoring, or reporting (excluding reporting measures (after consulting (ii) If, through adaptive management, changes made pursuant to the adaptive with Apache regarding the practicability the modifications to the mitigation, management provision in of the modifications) if doing so creates monitoring, or reporting measures are § 217.137(c)(1)) that do not change the a reasonable likelihood of more substantial, NMFS will publish a notice findings made for the regulations or effectively accomplishing the goals of of proposed LOA in the Federal result in no more than a minor change the mitigation and monitoring set forth Register and solicit public comment. in the total estimated number of takes in the preamble for these regulations. (or distribution by species or years), (i) Possible sources of data that could (2) Emergencies—If NMFS determines NMFS may publish a notice of proposed contribute to the decision to modify the that an emergency exists that poses a LOA in the Federal Register, including mitigation, monitoring, or reporting significant risk to the well-being of the the associated analysis of the change, measures in an LOA: species or stocks of marine mammals and solicit public comment before (A) Results from Apache’s monitoring specified in § 217.132(b), an LOA may issuing the LOA. from the previous year(s). be modified without prior notice or (c) An LOA issued under § 216.106 of (B) Results from other marine opportunity for public comment. Notice this chapter and § 217.136 for the mammal and/or sound research or would be published in the Federal activity identified in § 217.130(a) may studies. Register within thirty days of the action. be modified by NMFS under the (C) Any information that reveals [FR Doc. 2015–03048 Filed 2–20–15; 8:45 am] following circumstances: marine mammals may have been taken BILLING CODE 3510–22–P

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Part III

Department of Transportation

Federal Aviation Administration 14 CFR Parts 21, 43, 45, et al. Operation and Certification of Small Unmanned Aircraft Systems; Proposed Rule

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DEPARTMENT OF TRANSPORTATION Docket: Background documents or identifying aircraft, and protecting comments received may be read at individuals and property on the ground. Federal Aviation Administration http://www.regulations.gov at any time. In addition, 49 U.S.C. 44701(a)(5), Follow the online instructions for charges the FAA with prescribing 14 CFR Parts 21, 43, 45, 47, 61, 91, 101, accessing the docket or go to the Docket regulations that the FAA finds necessary 107, and 183 Operations in Room W12–140 of the for safety in air commerce and national [Docket No.: FAA–2015–0150; Notice No. West Building Ground Floor at 1200 security. 15–01] New Jersey Avenue SE., Washington, Finally, the model-aircraft component DC, between 9 a.m. and 5 p.m., Monday of this rulemaking incorporates the RIN 2120–AJ60 through Friday, except Federal holidays. statutory mandate in section 336(b) that Operation and Certification of Small FOR FURTHER INFORMATION CONTACT: For preserves the FAA’s authority, under 49 Unmanned Aircraft Systems technical questions concerning this U.S.C. 40103(b) and 44701(a)(5), to action, contact Lance Nuckolls, Office of pursue enforcement ‘‘against persons AGENCY: Federal Aviation Aviation Safety, Unmanned Aircraft operating model aircraft who endanger Administration (FAA), DOT. Systems Integration Office, AFS–80, the safety of the national airspace ACTION: Notice of proposed rulemaking Federal Aviation Administration, 490 system.’’ (NPRM). L’Enfant Plaza East, SW., Suite 3200, List of Abbreviations and Acronyms Washington, DC 20024; telephone (202) SUMMARY: The FAA is proposing to Frequently Used in This Document 267–8447; email [email protected]. amend its regulations to adopt specific For legal questions concerning this AC Advisory Circular rules to allow the operation of small action, contact Alex Zektser, Office of AGL Above Ground Level unmanned aircraft systems in the ACR Airman Certification Representative Chief Counsel, International Law, National Airspace System. These ARC Aviation Rulemaking Committee Legislation, and Regulations Division, changes would address the operation of ATC Air Traffic Control AGC–220, Federal Aviation unmanned aircraft systems, certification CAFTA–DR Dominican Republic-Central Administration, 800 Independence of their operators, registration, and America-United States Free Trade Agreement Avenue SW., Washington, DC 20591; CAR Civil Air Regulation display of registration markings. The telephone (202) 267–3073; email CFI Certified Flight Instructor proposed rule would also find that [email protected]. CFR Code of Federal Regulations airworthiness certification is not COA Certificate of Waiver or SUPPLEMENTARY INFORMATION: required for small unmanned aircraft Authorization system operations that would be subject Authority for This Rulemaking DPE Designated Pilot Examiner to this proposed rule. Lastly, the FR Federal Register This rulemaking is promulgated proposed rule would prohibit model FSDO Flight Standards District Office under the authority described in the aircraft from endangering the safety of ICAO International Civil Aviation the National Airspace System. FAA Modernization and Reform Act of Organization 2012 (Public Law 112–95). Section 333 NAFTA North American Free Trade DATES: Send comments on or before of Public Law 112–95 directs the Agreement April 24, 2015. Secretary of Transportation 1 to NAS National Airspace System ADDRESSES: Send comments identified determine whether ‘‘certain unmanned NOTAM Notice to Airmen NPRM Notice of Proposed Rulemaking by docket number FAA–2015–0150 aircraft systems may operate safely in using any of the following methods: NTSB National Transportation Safety • the national airspace system.’’ If the Board Federal eRulemaking Portal: Go to Secretary determines, pursuant to http://www.regulations.gov and follow PIC Pilot in Command section 333, that certain unmanned Pub. L. Public Law the online instructions for sending your aircraft systems may operate safely in PMA Parts Manufacturer Approval comments electronically. the national airspace system, then the TFR Temporary Flight Restriction • Mail: Send comments to Docket Secretary must ‘‘establish requirements TSA Transportation Security Operations, M–30; U.S. Department of for the safe operation of such aircraft Administration Transportation (DOT), 1200 New Jersey TSO Technical Standard Order systems in the national airspace UAS Unmanned Aircraft System Avenue SE., Room W12–140, West 2 Building Ground Floor, Washington, DC system.’’ U.S.C. United States Code This rulemaking is also promulgated 20590–0001. Table of Contents • Hand Delivery or Courier: Take pursuant to 49 U.S.C. 40103(b)(1) and comments to Docket Operations in (2), which charge the FAA with issuing I. Executive Summary Room W12–140 of the West Building regulations: (1) To ensure the safety of A. Purpose of the Regulatory Action Ground Floor at 1200 New Jersey aircraft and the efficient use of airspace; B. Summary of the Major Provisions of the Regulatory Action Avenue SE., Washington, DC, between 9 and (2) to govern the flight of aircraft for purposes of navigating, protecting and C. Costs and Benefits a.m. and 5 p.m., Monday through II. Background Friday, except Federal holidays. 1 A. Analysis of Public Risk Posed by Small • Fax: Fax comments to Docket The primary authority for this rulemaking is based on section 333 of Public Law 112–95 (Feb. UAS Operations Operations at 202–493–2251. 14, 2012). In addition, this rulemaking also relies B. Current Statutory and Regulatory Privacy: In accordance with 5 U.S.C. on FAA statutory authorities. Thus, for the Structure Governing Small UAS 553(c), DOT solicits comments from the purposes of this rulemaking, the terms ‘‘FAA,’’ ‘‘the C. Integrating Small UAS Operations Into public to better inform its rulemaking agency,’’ ‘‘DOT,’’ and ‘‘the Secretary,’’ are used the NAS synonymously throughout this document. III. Discussion of the Proposal process. DOT posts these comments, 2 Public Law 112–95, section 333(c). In addition, without edit, including any personal A. Incremental Approach and Privacy Public Law 112–95, section 332(b)(1) requires the B. Applicability information the commenter provides, to Secretary to issue ‘‘a final rule on small unmanned 1. Air Carrier Operations www.regulations.gov, as described in aircraft systems that will allow for civil operation of such systems in the national airspace system, to 2. External Load and Towing Operations the system of records notice (DOT/ALL– the extent the systems do not meet the requirements 3. International Operations 14 FDMS), which can be reviewed at for expedited operational authorization under 4. Foreign-Owned Aircraft That Are www.dot.gov/privacy. sections 333 of [Pub. L. 112–95].’’ Ineligible for U.S. Registration

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5. Public Aircraft Operations 1. Display of Registration Number authorization (COA). This proposed rule 6. Model Aircraft 2. Marking of Products and Articles would be the next phase of integrating 7. Moored Balloons, Kites, Amateur H. Fraud and False Statements small UAS into the NAS. Rockets, and Unmanned Free Balloons I. Oversight C. Definitions 1. Inspection, Testing, and Demonstration The following are examples of 1. Control Station of Compliance possible small UAS operations that 2. Corrective Lenses 2. Accident Reporting could be conducted under this proposed 3. Operator and Visual Observer J. Section 333 Statutory Findings framework: 4. Small Unmanned Aircraft 1. Hazard to Users of the NAS or the Public • Crop monitoring/inspection; 2. National Security 5. Small Unmanned Aircraft System (small • Research and development; UAS) 3. Airworthiness Certification • 6. Unmanned Aircraft IV. Regulatory Notices and Analyses Educational/academic uses; D. Operating Rules A. Regulatory Evaluation • Power-line/pipeline inspection in 1. Micro UAS Classification 1. Total Benefits and Costs of This Rule hilly or mountainous terrain; 2. Operator and Visual Observer 2. Who is potentially affected by this Rule? • Antenna inspections; 4. Benefit Summary i. Operator • Aiding certain rescue operations ii. Visual Observer 5. Cost Summary 3. See-and-Avoid and Visibility B. Initial Regulatory Flexibility such as locating snow avalanche Requirements Determination (IRFA) victims; i. See-and-Avoid 1. Description of Reasons the Agency Is • Bridge inspections; ii. Additional Visibility Requirements Considering the Action • Aerial photography; and iii. Yielding Right of Way 2. Statement of the Legal Basis and • Wildlife nesting area evaluations. 4. Containment and Loss of Positive Objectives for the Proposed Rule Control 3. Description of the Recordkeeping and Because of the potential societally i. Confined Area of Operation Boundaries Other Compliance Requirements of the beneficial applications of small UAS, ii. Mitigating Loss-of-Positive-Control Risk Proposed Rule the FAA has been seeking to incorporate 5. Limitations on Operations in Certain 4. All Federal Rules That May Duplicate, the operation of these systems into the Airspace Overlap, or Conflict With the Proposed national airspace system (NAS) since i. Controlled Airspace Rule 2008. In April 2008, the FAA chartered ii. Prohibited or Restricted Areas 5. Description and an Estimated Number of the small UAS Aviation Rulemaking iii. Areas Designated by Notice to Airmen Small Entities To Which the Proposed Rule Will Apply Committee (ARC). In April 2009, the 6. Airworthiness, Inspection, Maintenance, ARC provided the FAA with and Airworthiness Directives 6. Alternatives Considered i. Inspections and Maintenance C. International Trade Impact Assessment recommendations on how small UAS ii. Airworthiness Directives D. Unfunded Mandates Assessment could be safely integrated into the NAS. 7. Miscellaneous Operating Provisions E. Paperwork Reduction Act Since that time, the FAA has been i. Careless or Reckless Operation 1. Obtaining an Unmanned Aircraft working on a rulemaking to incorporate ii. Drug and Alcohol Prohibition Operator Certificate With a Small UAS small UAS operations into the NAS. Rating iii. Medical Conditions In 2012, Congress passed the FAA iv. Sufficient Power for the Small UAS 2. Registering a Small Unmanned Aircraft 3. Accident Reporting Modernization and Reform Act of 2012 v. Registration and Marking (Pub. L. 112–95). Section 333 of Public E. Operator Certificate F. International Compatibility and 1. Applicability Cooperation Law 112–95 directed the Secretary to 2. Unmanned Aircraft Operator G. Environmental Analysis determine whether UAS operations Certificate—Eligibility & Issuance H. Regulations Affecting Intrastate posing the least amount of public risk i. Minimum Age Aviation in Alaska and no threat to national security could ii. English Language Proficiency V. Executive Order Determinations safely be operated in the NAS and if so, A. Executive Order 13132, Federalism iii. Pilot Qualification B. Executive Order 13211, Regulations to establish requirements for the safe a. Flight Proficiency and Aeronautical That Significantly Affect Energy Supply, operation of these systems in the NAS, Experience Distribution, or Use prior to completion of the UAS b. Initial Aeronautical Knowledge Test VI. Additional Information comprehensive plan and rulemakings c. Areas of Knowledge Tested on the Initial A. Comments Invited Knowledge Test required by section 332 of Public Law B. Availability of Rulemaking Documents d. Administration of the Initial Knowledge 112–95. As part of its ongoing efforts to Test I. Executive Summary integrate UAS operations in the NAS in e. Recurrent Aeronautical Knowledge Test accordance with section 332, and as i. General Requirement and Administration A. Purpose of the Regulatory Action authorized by section 333 of Public Law of the Recurrent Knowledge Test This rulemaking proposes operating 112–95, the FAA is proposing to amend ii. Recurrent Test Areas of Knowledge requirements to allow small unmanned its regulations to adopt specific rules for iv. Issuance of an Unmanned Aircraft aircraft systems (small UAS) to operate the operation of small UAS in the NAS. Operator Certificate With Small UAS Rating for non-hobby or non-recreational Based on our experience with the v. Not Requiring an Airman Medical purposes. A small UAS consists of a certification, exemption, and COA Certificate small unmanned aircraft (which, as process, the FAA has developed the 4. Military Equivalency defined by statute, is an unmanned framework proposed in this rule to 5. Unmanned Aircraft Operator Certificate: aircraft weighing less than 55 pounds 3) enable certain small UAS operations to Denial, Revocation, Suspension, and equipment necessary for the safe commence upon adoption of the final Amendment, and Surrender and efficient operation of that aircraft. rule and accommodate technologies as i. Transportation Security Administration The FAA has accommodated non- they evolve and mature. This proposed Vetting and Positive Identification recreational small UAS use through framework would allow small UAS ii. Drugs and Alcohol Violations iii. Change of Name various mechanisms, such as special operations for many different non- iv. Change of Address airworthiness certificates, exemptions, recreational purposes, such as the ones v. Voluntary Surrender of Certificate and certificates of waiver or discussed previously, without requiring F. Registration airworthiness certification, exemption, G. Marking 3 Public Law 112–95, sec. 331(6). or a COA.

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B. Summary of the Major Provisions of statutory definition, the proposed rule registration and marking, NAS the Regulatory Action defines small UAS as those UAS operations, operator certification, visual Specifically, the FAA is proposing to weighing less than 55 pounds. To observer requirements, and operational add a new part 107 to Title 14 Code of mitigate risk, the proposed rule would limits in order to maintain the safety of Federal Regulations (14 CFR) to allow limit small UAS to daylight-only the NAS and ensure that they do not for routine civil operation of small UAS operations, confined areas of operation, pose a threat to national security. Below in the NAS and to provide safety rules and visual-line-of-sight operations. This is a summary of the major provisions of for those operations. Consistent with the proposed rule also addresses aircraft the proposed rule.

SUMMARY OF MAJOR PROVISIONS OF PROPOSED PART 107

Operational Limitations ...... • Unmanned aircraft must weigh less than 55 lbs. (25 kg). • Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the op- erator or visual observer. • At all times the small unmanned aircraft must remain close enough to the operator for the operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses. • Small unmanned aircraft may not operate over any persons not directly involved in the oper- ation. • Daylight-only operations (official sunrise to official sunset, local time). • Must yield right-of-way to other aircraft, manned or unmanned. • May use visual observer (VO) but not required. • First-person view camera cannot satisfy ‘‘see-and-avoid’’ requirement but can be used as long as requirement is satisfied in other ways. • Maximum airspeed of 100 mph (87 knots). • Maximum altitude of 500 feet above ground level. • Minimum weather visibility of 3 miles from control station. • No operations are allowed in Class A (18,000 feet & above) airspace. • Operations in Class B, C, D and E airspace are allowed with the required ATC permission. • Operations in Class G airspace are allowed without ATC permission • No person may act as an operator or VO for more than one unmanned aircraft operation at one time. • No operations from a moving vehicle or aircraft, except from a watercraft on the water. • No careless or reckless operations. • Requires preflight inspection by the operator. • A person may not operate a small unmanned aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS. • Proposes a microUAS category that would allow operations in Class G airspace, over peo- ple not involved in the operation, and would require airman to self-certify that they are famil- iar with the aeronautical knowledge testing areas. Operator Certification and Responsibilities ...... • Pilots of a small UAS would be considered ‘‘operators’’. • Operators would be required to: Æ Pass an initial aeronautical knowledge test at an FAA-approved knowledge testing cen- ter. Æ Be vetted by the Transportation Security Administration. Æ Obtain an unmanned aircraft operator certificate with a small UAS rating (like existing pilot airman certificates, never expires). Æ Pass a recurrent aeronautical knowledge test every 24 months. Æ Be at least 17 years old. Æ Make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept under the proposed rule. Æ Report an accident to the FAA within 10 days of any operation that results in injury or property damage. Æ Conduct a preflight inspection, to include specific aircraft and control station systems checks, to ensure the small UAS is safe for operation. Aircraft Requirements ...... • FAA airworthiness certification not required. However, operator must maintain a small UAS in condition for safe operation and prior to flight must inspect the UAS to ensure that it is in a condition for safe operation. Aircraft Registration required (same requirements that apply to all other aircraft). • Aircraft markings required (same requirements that apply to all other aircraft). If aircraft is too small to display markings in standard size, then the aircraft simply needs to display markings in the largest practicable manner. Model Aircraft ...... • Proposed rule would not apply to model aircraft that satisfy all of the criteria specified in section 336 of Public Law 112–95. • The proposed rule would codify the FAA’s enforcement authority in part 101 by prohibiting model aircraft operators from endangering the safety of the NAS.

Operator Certification: Under the ‘‘operator.’’ A small UAS operator certificate with a small UAS rating from proposed rule, the person who would be required to pass an the FAA before operating a small UAS. manipulates the flight controls of a aeronautical knowledge test and obtain In order to maintain his or her operator small UAS would be defined as an an unmanned aircraft operator certification, the operator would be

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required to pass recurrent knowledge effectively prohibit a relay or ‘‘daisy- associated with small UAS operation tests every 24 months subsequent to the chain’’ formation of multiple visual would be mitigated by the other initial knowledge test. These tests observers by requiring that the operator provisions of this proposed rule. Rather, would be created by the FAA and must always be capable of seeing the this proposed rule would require the administered by FAA-approved small unmanned aircraft. Such operator to ensure that the small UAS is knowledge testing centers. Although a arrangements would potentially expand in a condition for safe operation by specific distant vision acuity standard is the area of a small UAS operation and conducting an inspection prior to each not being proposed, this proposed rule pose an increased public risk if there is flight. would require the operator to keep the a loss of aircraft control. Registration and Marking: This small unmanned aircraft close enough Operational Scope: A small UAS proposed rule would apply to small to the control station to be capable of operator would be required to see and unmanned aircraft the current seeing that aircraft through his or her avoid all other users of the NAS in the registration requirements that apply to unaided (except for glasses or contact area in which the small UAS is all aircraft. Once a small unmanned lenses) visual line of sight. The operator operating. The proposed rule contains aircraft is registered, this proposed rule would also be required to actually operating restrictions designed to help would require that aircraft to display its maintain visual line of sight of the small ensure that the operator is able to yield registration marking in a manner similar unmanned aircraft if a visual observer is right-of-way to other aircraft at all times. to what is currently required of all not used. The proposed rule would limit the aircraft. exposure of small unmanned aircraft to Visual Observer: Under the proposed other users of the NAS by restricting C. Costs and Benefits rule, an operator would not be required small UAS operations in controlled to work with a visual observer, but a This proposed rule reflects the fact airspace. Specifically, small UAS would visual observer could be used to assist that technological advances in small be prohibited from operating in Class A the operator with the proposed visual- UAS have led to a developing airspace, and would require prior line-of-sight and see-and-avoid commercial market for their uses by permission from Air Traffic Control to requirements by maintaining constant providing a safe operating environment operate in Class B, C, or D airspace, or for them and for other aircraft in the visual contact with the small unmanned within the lateral boundaries of the NAS. In time, the FAA anticipates that aircraft in place of the operator. While surface area of Class E airspace the proposed rule would provide an an operator would always be required to designated for an airport. The risk of opportunity to substitute small UAS have the capability for visual line of collision with other aircraft would be operations for some higher risk manned sight of the small unmanned aircraft, further reduced by limiting small UAS flights, such as inspecting towers, this proposed rule would not require the operations to a maximum airspeed of 87 operator to exercise this capability if he knots (100 mph) and a maximum bridges, or other structures. The use of or she is augmented by at least one altitude of 500 feet above ground. small unmanned aircraft would avert visual observer. No certification Further, in order to enable maximum potential fatalities and injuries to those requirements are being proposed for visibility for small UAS operation, the in the aircraft and on the ground. It visual observers. A small UAS operation proposed rule would restrict small UAS would also lead to more efficient would not be limited in the number of to daylight-only operations (sunrise to methods of performing certain visual observers involved in the sunset), and impose a minimum commercial tasks that are currently operation, but the operator and visual weather-visibility of 3 statute miles (5 performed by other methods. The FAA observer(s) must remain situated such kilometers) from the small UAS control has not quantified the benefits for this that the operator and any visual station. proposed rulemaking because we lack observer(s) are all able to view the Aircraft Maintenance: Under the sufficient data. The FAA invites aircraft at any given time. The operator proposed rule, the operator of a small commenters to provide data that could and visual observer(s) would be UAS would be required to conduct a be used to quantify the benefits of this permitted to communicate by radio or preflight inspection before each flight proposed rule. other communication-assisting device, operation, and determine that the small For any commercial operation so they would not need to remain in UAS (aircraft, control station, launch occurring because this rule is enacted, close enough physical proximity to and recovery equipment, etc.) is safe for the operator/owner of that small UAS allow for unassisted oral operation. will have determined the expected communication. Airworthiness: Pursuant to section revenue stream of the flights exceeds the Since the operator and any visual 333(b)(2) of Public Law 112–95, the cost of the flights operation. In each observers would be required to be in a Secretary has determined that small such case this rule helps enable new position to maintain or achieve visual UAS subject to this proposed rule markets to develop. line of sight with the aircraft at all would not require airworthiness The costs are shown in the table times, the proposed rule would certification because the safety concerns below.

TOTAL AND PRESENT VALUE COST SUMMARY BY PROVISION [Thousands of current year dollars]

Total costs 7% P.V. Type of cost (000) (000)

Applicant/small UAS operator: Travel Expense ...... $151.7 $125.9 Knowledge Test Fees ...... 2,548.6 2,114.2 Positive Identification of the Applicant Fee ...... 434.3 383.7 Owner: Small UAS Registration Fee ...... 85.7 70.0 Time Resource Opportunity Costs:

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TOTAL AND PRESENT VALUE COST SUMMARY BY PROVISION—Continued [Thousands of current year dollars]

Total costs 7% P.V. Type of cost (000) (000)

Applicants Travel Time ...... 296.1 245.3 Knowledge Test Application ...... 108.9 90.2 Physical Capability Certification ...... 20.0 17.7 Knowledge Test Time ...... 1,307.1 1,082.9 Small UAS Registration Form ...... 220.5 179.7 Change of Name or Address Form ...... 14.9 12.3 Knowledge Test Report ...... 154.9 128.5 Pre-flight Inspection ...... Not quantified Accident Reporting ...... Minimal cost Government Costs: TSA Security Vetting ...... 1,026.5 906.9 FAA—sUAS Operating Certificate ...... 39.6 35.0 FAA—Registration ...... 394.3 321.8

Total Costs ...... 6,803.1 5,714.0 * Details may not add to row or column totals due to rounding.

II. Background operations; and (3) the FAA’s ongoing see manned aircraft in the air in time to This NPRM addresses the operation, efforts to incorporate small UAS prevent a mid-air collision between the airman certification, and registration of operations into the NAS. small unmanned aircraft and another aircraft. As discussed in more detail civil small UAS. A. Analysis of Public Risk Posed by below, the FAA’s regulations currently A small UAS consists of a small Small UAS Operations unmanned aircraft and associated require each person operating an aircraft Small UAS operations pose risk elements that are necessary for the safe to maintain vigilance ‘‘so as to see and considerations that are different from 5 and efficient operation of that aircraft in avoid other aircraft.’’ This is one of the the risk considerations associated with the NAS. Associated elements that are fundamental principles for collision manned-aircraft operations. On one necessary for the safe and efficient avoidance in the NAS. hand, certain operations of a small operation of the aircraft include the For manned-aircraft operations, ‘‘see unmanned aircraft, discussed more fully interface that is used to control the and avoid’’ is the responsibility of in section III.D of this preamble, have small unmanned aircraft (known as a persons on board an aircraft. By the potential to pose significantly less control station) and communication contrast, small unmanned aircraft risk to persons and property than links between the control station and operations have no human beings comparable operations of a manned the small unmanned aircraft. A small physically on the unmanned aircraft aircraft. The typical total takeoff weight unmanned aircraft is defined by statute with the same visual perspective and of a general aviation aircraft is between as ‘‘an unmanned aircraft weighing less the ability to see other aircraft in the 1,300 and 6,000 pounds. By contrast, manner of a manned-aircraft pilot. Thus, than 55 pounds.’’ 4 Due to the size of a the total takeoff weight of a small the challenge for small unmanned small unmanned aircraft, the FAA unmanned aircraft is less than 55 aircraft operations is to ensure that the envisions considerable potential pounds. Consequently, because a small person operating the small unmanned business and non-business applications, unmanned aircraft is significantly aircraft is able to see and avoid other particularly in areas that are hard to lighter than a manned aircraft, in the aircraft. reach for a manned aircraft. In considering this issue, the FAA The following are examples of event of a mishap, the small unmanned examined to what extent existing possible small UAS operations that aircraft would pose significantly less technology could provide a solution to could be conducted under this proposed risk to persons and property on the this problem. The FAA notes that framework: ground. As such, a small UAS operation • Crop monitoring/inspection; whose parameters are well defined so it advances in technologies that use • Research and development; does not pose a significant risk to other ground-based radar and aircraft sensors • Educational/academic uses; aircraft would also pose a smaller to detect the reply signals from aircraft • Power-line/pipeline inspection in overall public risk or threat to national ATC transponders have provided hilly or mountainous terrain; security than the operation of a manned significant improvement in the ability to • Antenna inspections; aircraft. detect other aircraft in close proximity • Aiding certain rescue operations However, even though small UAS to each other. The Traffic Collision such as locating snow avalanche operations have the potential to pose a Avoidance System also has the ability to victims; lower level of public risk in certain provide guidance to flight crews to • Bridge inspections; types of operations, the unmanned maneuver appropriately to avoid a mid- • Aerial photography; and nature of the small UAS operations air collision. Both of these technologies • Wildlife nesting area evaluations. raises two unique safety concerns that have done an excellent job in reducing The following sections discuss: (1) are not present in manned-aircraft the mid-air collision rate between The public risk associated with small operations. The first safety concern is manned aircraft. Unfortunately, the UAS operations; (2) the current legal whether the person operating the small equipment required to utilize these framework governing small UAS unmanned aircraft, who would be widely available technologies is physically separated from that aircraft 4 Sec. 331(6) of Public Law 112–95. during flight, would have the ability to 5 14 CFR 91.113(b).

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currently too large and heavy to be used it intended to address was Safety Board (NTSB) has held that ‘‘any in small UAS operations. Until this ‘‘preoccupation by the pilot with use of an aircraft, for purpose of flight, equipment is miniaturized to the extent cockpit duties,’’ which indicates that constitutes air commerce.’’ 9 Courts that necessary to make it viable for use in the regulation contemplated the have considered this issue have reached small UAS operations, existing presence of a pilot on board the aircraft. similar conclusions that ‘‘air technology does not appear to provide Because the regulations that resulted commerce,’’ as defined in the FAA’s a way to resolve the ‘‘see and avoid’’ in the see-and-avoid requirement of statute, encompasses a broad range of problem with small UAS operations § 91.113(b) did not contemplate that this commercial and non-commercial without maintaining human visual requirement could be complied with by aircraft operations.10 contact with the small unmanned a pilot who is outside the aircraft, Accordingly, because ‘‘air commerce’’ aircraft during flight. § 91.113(b) currently requires an aircraft encompasses such a broad range of The second safety concern with small pilot to have the perspective of being aircraft operations, a civil small UAS operations is the possibility that, inside the aircraft as that aircraft is unmanned aircraft cannot currently be during flight, the person operating the moving in order to see and avoid other operated, for purposes of flight, if: (1) It small UAS may become unable to use aircraft. Since the operator of a small is not registered (49 U.S.C. 44101(a)); (2) the control interface to operate the small UAS does not have this perspective, it does not possess an airworthiness unmanned aircraft due to a failure of the operation of a small UAS could not certificate (49 U.S.C. 44711(a)(1)); and control link between the aircraft and the meet the see and avoid requirement of (3) the airman operating the aircraft operator’s control station. This is known § 91.113(b) at this time. does not possess an airman certificate as a loss of positive control. This In addition to currently being (49 U.S.C. 44711(a)(2)(A)). However, the situation may result from a system prohibited by § 91.113(b), there are also FAA’s current processes for issuing failure or because the aircraft has been statutory considerations that apply to airworthiness and airman certificates flown beyond the signal range or in an small UAS operations. Specifically, were designed to be used for manned area where control link communication even though a small UAS is different aircraft and do not take into account the between the aircraft and the control from a manned aircraft, the operation of considerations associated with civil station is interrupted. A small a small UAS still involves the operation small UAS. unmanned aircraft whose flight is of an aircraft. This is because the FAA’s Specifically, obtaining a type unable to be directly controlled could statute defines an ‘‘aircraft’’ as ‘‘any certificate and a standard airworthiness pose a significant risk to persons, contrivance invented, used, or designed certificate, which permits the widest property, or other aircraft. to navigate or fly in the air.’’ 49 U.S.C. range of aircraft operation, currently 40102(a)(6). Since a small unmanned takes about 3 to 5 years. Because the B. Current Statutory and Regulatory aircraft is a contrivance that is invented, pertinent existing regulations do not Structure Governing Small UAS used, and designed to fly in the air, a differentiate between manned and Due to the lack of an onboard pilot, small unmanned aircraft is an aircraft unmanned aircraft, a small UAS is small unmanned aircraft are unable to for purposes of the FAA’s statutes.7 currently subject to the same see and avoid other aircraft in the NAS. Because a small UAS involves the airworthiness certification process as a Therefore, small UAS operations operation of an ‘‘aircraft,’’ this triggers manned aircraft. However, it is not conflict with the FAA’s current the FAA’s registration and certification practically feasible for many small UAS operating regulations codified in 14 CFR statutory requirements. Specifically, manufacturers to go through the part 91 that apply to general aviation. subject to certain exceptions, a person certification process required of manned Specifically, at the heart of the part 91 may not operate a civil aircraft that is aircraft. This is because small UAS operating regulations is § 91.113(b), not registered. 49 U.S.C. 44101(a). In technology is rapidly evolving at this which requires each person operating an addition, a person may not operate a time, and consequently, if a small UAS aircraft to maintain vigilance ‘‘so as to civil aircraft in air commerce without an manufacturer goes through a 3-to-5-year see and avoid other aircraft.’’ airworthiness certificate. 49 U.S.C. process to obtain a type certificate, The FAA created this requirement in 44711(a)(1). Finally, a person may not which enables the issuance of a a 1968 rulemaking that combined two serve in any capacity as an airman on standard airworthiness certificate, the previous aviation regulatory provisions, a civil aircraft being operated in air small UAS would be technologically Civil Air Regulations (CAR) §§ 60.13(c) commerce without an airman certificate. outdated by the time it completed the 6 8 and 60.30. Both of the provisions that 49 U.S.C. 44711(a)(2)(A). certification process. For example, were combined to create the ‘‘see and The term ‘‘air commerce,’’ as used in advances in lightweight battery avoid’’ requirement of § 91.113(b) were the FAA’s statutes, is defined broadly to technology may allow new lightweight intended to address aircraft collision- include ‘‘the operation of aircraft within transponders and power sources within awareness problems by requiring that a the limits of a Federal airway, or the the next 3 to 5 years that are currently pilot on board the aircraft look out of operation of aircraft that directly affects, unavailable for small UAS operations. the aircraft during flight to observe or may endanger safety in foreign or The FAA notes that there are several whether other aircraft are on a collision interstate air commerce.’’ 49 U.S.C. other certification options available to path with his or her aircraft. Those 40102(a)(3). Because of this broad provisions did not contemplate the use definition, the National Transportation 9 Administrator v. Barrows, 7 N.T.S.B. 5, 8–9 of technology to substitute for the (1990). human vision of a pilot on board the 7 Public Law 112–95 reaffirmed that an 10 See, e.g., United States v. Healy, 376 U.S. 75, aircraft. Similarly, there is no evidence unmanned aircraft is indeed an aircraft by defining 84–85 (1964) (holding that ‘‘air commerce’’ is not an unmanned aircraft as ‘‘an aircraft that is limited to commercial airplanes); Hill v. NTSB, 886 that those provisions contemplated a operated without the possibility of direct human F.2d 1275, 1280 (10th Cir. 1989) (‘‘[t]he statutory pilot fulfilling his or her ‘‘see and intervention from within or on the aircraft.’’ Sec. definition of ‘‘air commerce’’ is therefore clearly not avoid’’ responsibilities from outside the 331(8), Public Law 112–95 (emphasis added). restricted to interstate flights occurring in aircraft. To the contrary, CAR section 8 The statutes also impose other requirements that controlled or navigable airspace’’); United States v. are beyond the scope of this rulemaking. For Drumm, 55 F. Supp. 151, 155 (D. Nev. 1944) (‘‘any 60.13(c) stated that one of the problems example, 49 U.S.C. 44711(a)(4) prohibits a person operation of any aircraft in the air space either from operating as an air carrier without an air- directly affects or may endanger safety in, interstate, 6 Pilot Vigilance, 33 FR 10505 (July 24, 1968). carrier operating certificate. overseas, or foreign air commerce’’).

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small UAS manufacturers and operators Because the person operating the small significant safety benefit because the who do not wish to go through the UAS is in command and is a member of process of obtaining the certificate does process of obtaining a type certificate the crew who navigates the aircraft, that not equip those persons with the tools and standard airworthiness certificate. person is an airman and must obtain an necessary to mitigate the public risk However, because each of these options airman certificate. posed by small UAS operations. has significant limitations, these options Under current pilot certification Recognizing the problem of applying do not provide flexibility for most regulations, depending on the type of the operating rules of part 91 to small routine small UAS operations. These operation, the operator of the small UAS UAS operations and the cost imposed certification options are as follows: currently must obtain either a private on small UAS operations by existing • A special airworthiness certificate pilot certificate or a commercial pilot certification processes, the FAA in the experimental category may be certificate. A private pilot certificate fashioned a temporary solution. issued to UAS pursuant to 14 CFR cannot be used to operate a small UAS Specifically, the FAA issued an 21.191–21.195. This certificate is time- for compensation or hire unless the advisory circular (AC) 91–57 and a limited, and cannot be used for any flight is only incidental to the operator’s policy statement elaborating on AC 91– activities other than research and business or employment.12 Typically, to 57, which provide guidance for the safe development, market surveys, and crew obtain a private pilot certificate, the operation of ‘‘model aircraft.’’ The training. small UAS operator currently has to: (1) policy statement defines a ‘‘model • A special flight permit may be Receive training in specific aeronautical aircraft’’ as a UAS that is used for hobby issued pursuant to 14 CFR 21.197. At knowledge areas; (2) receive training or recreational purposes.15 The policy this time, however, a special flight from an authorized instructor on statement explains that AC 91–57: specific areas of aircraft operation; (3) permit for a UAS is limited to [E]ncourages good judgment on the part of production flight testing of new obtain a minimum of 40 hours of flight operators so that persons on the ground or production aircraft.11 experience; and (4) obtain a third-class other aircraft in flight will not be endangered. • A special airworthiness certificate airman medical certificate.13 The AC contains among other things, in the restricted category is issued Conversely, holding at least a guidance for site selection. Users are advised pursuant to 14 CFR 21.25(a). There are commercial pilot certificate allows the to avoid noise sensitive areas such as parks, two options for obtaining this small UAS to generally be used for schools, hospitals, and churches. Hobbyists certificate. compensation or hire, but is more are advised not to fly in the vicinity of First, pursuant to § 21.25(a)(2), a difficult to obtain. In addition to the spectators until they are confident that the requirements necessary to obtain a model aircraft has been flight tested and certificate may be issued for aircraft proven airworthy. Model aircraft should be accepted by an Armed Force of the private pilot certificate, applicants for a flown below 400 feet above the surface to United States and later modified for a commercial pilot certificate currently avoid other aircraft in flight. The FAA special purpose. need to also obtain 250 hours of flight expects that hobbyists will operate these Second, pursuant to § 21.25(a)(1), a time, satisfy extensive testing recreational model aircraft within visual line- certificate may be issued for aircraft requirements, and obtain a second-class of-sight.16 14 used in special purpose operations, airman medical certificate. Neither AC 91–57 nor the associated which consist of: While these airman certification policy statement contains any (1) agricultural operations; requirements are necessary for manned registration or certification (2) forest and wildlife conservation; aircraft operations, they impose an requirements.17 (3) aerial surveying; unnecessary burden for many small To date, the FAA has used its (4) patrolling (pipelines, power lines, UAS operations. This is because a discretion18 to not bring enforcement and canals); person typically obtains a private or action against model-aircraft operations (5) weather control; commercial pilot certificate by learning that comply with AC 91–57. However, (6) aerial advertising; and how to operate a manned aircraft. Much the use of discretion to permit (7) any other operation specified by of that knowledge would not be continuing violation of FAA statutes the FAA. applicable to small UAS operations and regulations is not a viable long-term As can be seen from the above list, the because a small UAS is operated solution for incorporating UAS current certification options are limited differently than a manned aircraft. In operations into the NAS. Additionally, to very specific purposes. Accordingly, addition, the knowledge currently because AC 91–57 and the associated they do not provide sufficient flexibility necessary to obtain a private or policy statement are limited to model for most routine civil small UAS commercial pilot certificate would not aircraft, they do not apply to non- operations within the NAS. equip the certificate holder with the recreational UAS operations. Thus, even In addition to obtaining an tools necessary to safely operate a small with the use of enforcement discretion, airworthiness certificate, any person UAS. Specifically, applicants for a because of the difficulty of obtaining the serving as an airman in the operation of private or commercial pilot certificate a small UAS must obtain an airman currently are not trained in how to deal 15 See Unmanned Aircraft Operations in the certificate. 49 U.S.C. 44711(a)(2)(A). The with the ‘‘see-and-avoid’’ and loss-of- National Airspace System, 72 FR 6689, 6690 (Feb. statute defines an ‘‘airman’’ to include positive-control safety issues that are 13, 2007) (explaining how AC 91–57 functions). an individual who is ‘‘in command, or unique to small unmanned aircraft. 16 Id. as pilot, mechanic, or member of the Thus, requiring persons wishing to 17 The policy statement did, however, explain the crew, who navigates aircraft when COA process that is currently used to allow public operate a small UAS to obtain a private aircraft operations with UAS. This process is under way.’’ 49 U.S.C. 40102(a)(8)(A). or commercial pilot certificate imposes discussed in detail in section III.C of this preamble. the cost of certification on those As discussed in that section, this proposed rule 11 A special flight permit for production flight persons, but does not result in a would allow public aircraft operations with UAS to testing is not limited to small UAS and can be voluntarily comply with proposed part 107, but obtained for unmanned aircraft weighing more than would otherwise leave the existing public aircraft 55 pounds. We emphasize, however, that a special 12 See 14 CFR 61.113. operations COA process unchanged. flight permit is limited at this time to production 13 See 14 CFR part 61, Subpart E and 18 As used in this context, ‘‘discretion’’ refers to flight testing and will include operational § 61.23(a)(3)(i). the FAA’s power to decide whether to commence requirements and limitations. 14 See 14 CFR part 61, Subpart F and § 61.23(a)(2). an enforcement action.

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requisite certification for a small UAS 112–95, Sec. 333(c). The flexibility certification flexibility provided by and because operation of a small UAS provided for in section 333 did not Congress in section 333 of Public Law would violate the see-and-avoid extend to airman certification and 112–95, and allow some small UAS requirement of § 91.113(b), non- security vetting, aircraft marking, or operations to commence in the NAS.25 recreational civil small UAS operations registration requirements. In addition, to further facilitate the are effectively prohibited at this time. As noted above, section 333(b)(2) integration of UAS into the NAS, the provided the Secretary of FAA has selected six test sites to test C. Integrating Small UAS Operations Transportation with discretionary UAS technology and operations. As of Into the NAS power as to whether airworthiness August 2014, all of the UAS test sites, To address the issues discussed certification should be required for which were selected based on above, the FAA chartered the small UAS certain small UAS.22 As discussed geographic and climatic diversity, are Aviation Rulemaking Committee (ARC) previously, the FAA’s statute normally operational and will remain in place for on April 10, 2008. On April 1, 2009, the requires an aircraft being flown the next 5 years to help us gather ARC provided the FAA with outdoors to possess an airworthiness operational data to foster further recommendations on how small UAS certificate.23 However, subsection integration, as well as evaluate new could be safely integrated into the 333(b)(2) allows for the determination technologies. In addition, the FAA is in NAS.19 In 2013, the U.S. Department of that airworthiness certification is not the process of selecting a new UAS Transportation issued a comprehensive necessary for certain small UAS. The Center of Excellence which will also plan and subsequently the FAA issued key determinations that must be made serve as another resource for these a roadmap of its efforts to achieve safe in order for UAS to operate under the activities. The FAA invites comments integration of UAS operations into the authority of section 333 are: (1) The on how it can improve or further NAS.20 operation must not create a hazard to leverage its test site program to In 2012, Congress passed the FAA users of the national airspace system or encourage innovation, safe development Modernization and Reform Act of 2012 the public; and (2) the operation must and UAS integration into the NAS. (Pub. L. 112–95). In section 332(b) of not pose a threat to national security.24 III. Discussion of the Proposal Public Law 112–95, Congress directed In making these determinations, we the Secretary to issue a final rule on must consider the following factors: As discussed in the previous section, small unmanned aircraft systems that Size, weight, speed, operational in order to determine whether certain will allow for civil operations of such capability, proximity to airports and UAS may operate safely in the NAS systems in the NAS.21 In section 333 of populated areas, and operation within pursuant to section 333, the Secretary Public Law 112–95, Congress also visual line of sight. Of these factors, must find that the operation of the UAS directed the Secretary to determine operation within visual line of sight is would not: (1) Create a hazard to users whether ‘‘certain unmanned aircraft a primary factor for evaluation. At this of the NAS or the public; or (2) pose a systems may operate safely in the point in time, we have determined that threat to national security. The national airspace system.’’ To make a technology has not matured to the Secretary must also determine whether determination under section 333, we extent that would allow small UAS to be small UAS operations subject to this must assess ‘‘which types of unmanned used safely in lieu of visual line of sight proposed rule pose a safety risk aircraft systems, if any, as a result of without creating a hazard to other users sufficient to require airworthiness their size, weight, speed, operational of the NAS or the public, or posing a certification. The following preamble capability, proximity to airports and threat to national security. sections discuss the specific populated areas, and operation within This construction of section 333 is a components of this proposed rule, and visual line of sight do not create a reasonable interpretation that is in section III.J below, we explain how hazard to users of the national airspace consistent with the statutory text and these components work together and system or the public or pose a threat to reflects Congressional intent in adopting allow the Secretary to make the national security.’’ Public Law 112–95, the provision. We invite comments on statutory findings required by section Sec. 333(b)(1). The Secretary must also whether there are well-defined 333. determine whether a certificate of circumstances and conditions under A. Incremental Approach and Privacy waiver or authorization, or which operation beyond the line of sight airworthiness certification is necessary would pose little or no additional risk The FAA began its small UAS to mitigate the public risk posed by the to other users of the NAS, the public, or rulemaking in 2005. In its initial unmanned aircraft systems that are national security. Finally, we invite approach to this rulemaking, which the under consideration. Public Law 112– comments on the technologies and FAA utilized from 2005 until November 2013, the FAA attempted to implement 95, Sec. 333(b)(2). If the Secretary operational capabilities or procedures the ARC’s recommendations and craft a determines that certain unmanned needed to allow UAS flights beyond rule that encompassed the widest aircraft systems may operate safely in visual line of sight, and how such possible range of small UAS operations. the NAS, then the Secretary must technologies, capabilities and This approach utilized a regulatory ‘‘establish requirements for the safe procedures could be accommodated structure similar to the one that the FAA operation of such aircraft systems in the under this rule or in a future uses for manned aircraft. Specifically, national airspace system.’’ Public Law rulemaking. As a result of its ongoing integration small UAS operations that pose a low 19 risk to people, property, and other A copy of the small UAS ARC Report and efforts, the FAA seeks to change its Recommendations can be found in the docket for regulations to take the first step in the this rulemaking. 25 As discussed in section III.B.6 below, 14 CFR 20 http://www.faa.gov/about/initiatives/uas/ process of integrating small UAS part 107 that would be created by this proposed media/uas_roadmap_2013.pdf operations into the NAS. This proposal rule would not apply to model aircraft that satisfy 21 As discussed in more detail further in the would utilize the airworthiness- all of the statutory criteria specified in section 336 preamble, the FAA Modernization and Reform Act of Public Law 112–95. The FAA has recently of 2012 also contained a provision prohibiting the published an interpretive rule for public comment FAA from issuing rules and regulations for model 22 Public Law 112–95, sec. 333(b)(2). explaining the statutory criteria of section 336. See aircraft meeting certain criteria specified in section 23 49 U.S.C. 44711(a)(1). Interpretation of the Special Rule for Model 336 of the Act. 24 Public Law 112–95, sec. 333(b)(1). Aircraft, 79 FR 36172, 36175 (June 25, 2014).

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aircraft would have been subject to less operational limits proposed in this rule. technologies that are not yet mature at stringent regulation while small UAS Those UAS will be regulated differently the time of this rulemaking. operations posing a greater risk would than the UAS that would be integrated The FAA also notes that, because have been subject to more stringent through this rule, and will be addressed UAS-associated technologies are rapidly regulation in order to mitigate the in subsequent rulemakings. The FAA evolving at this time, new technologies greater risk. has selected this approach because it could come into existence after this rule In exploring this approach, the FAA would allow lower-risk small UAS is issued or existing technologies may found that, as discussed previously, operations to be incorporated into the evolve to the extent that they establish there are two unique safety issues NAS immediately instead of waiting a level of reliability sufficient to allow associated with UAS: (1) Extending ‘‘see until the issues associated with higher- those technologies to be relied on for and avoid’’ anti-collision principles to a risk UAS operations are resolved. risk mitigation. These technologies may pilot that is not physically present on The approach of this proposal is alleviate some of the risk concerns that the aircraft; and (2) loss of positive meant to address low risk operations; to underlie the provisions of this control of the unmanned aircraft. In the greatest extent possible, it takes a rulemaking like the line of sight rule. addition, at the time that it was data-driven, risk-based approach to Accordingly, the FAA invites comments considering this approach, the FAA did defining specific regulatory as to whether the final rule should relax not have the discretion necessary to requirements for small UAS operations. operating restrictions on small UAS exempt these aircraft from the statutory It is well understood that regulations equipped with technology that requirement for airworthiness that are articulated in terms of the addresses the concerns underlying the certification, as the section 333 desired outcomes (i.e., ‘‘performance operating limitations of this proposed authority did not come into effect until standards’’) are generally preferable to rule, for instance through some type of February 14, 2012. As a result of these those that specify the means to achieve deviation authority (such as a letter of issues, the FAA’s original broadly- the desired outcomes (i.e., ‘‘design’’ authorization or a waiver). The FAA also notes that privacy scoped approach to the rulemaking standards). According to Office of concerns have been raised about effort took significantly longer than Management and Budget Circular A–4 unmanned aircraft operations. Although anticipated. Consequently, the FAA (‘‘Regulatory Analysis’’), performance these issues are beyond the scope of this decided to proceed with multiple standards ‘‘give the regulated parties the rulemaking, recognizing the potential incremental UAS rules rather than a flexibility to achieve the regulatory implications for privacy and civil rights single omnibus rulemaking in order to objectives in the most cost-effective and civil liberties from the use of this utilize the flexibility with regard to way.’’ 27 airworthiness certification that Congress technology, and consistent with the Design standards have a tendency to provided in section 333. direction set forth in the Presidential Accordingly, at this time, the FAA is lock in certain approaches that limit the Memorandum, Promoting Economic proposing a rule that, pursuant to incentives to innovate and may Competitiveness While Safeguarding section 333 of Public Law 112–95, will effectively prohibit new technologies Privacy, Civil Rights, and Civil Liberties integrate small UAS operations posing altogether. The distinction between in Domestic Use of Unmanned Aircraft the least amount of risk. Because these design and performance standards is Systems (February 15, 2015), the operations pose the least amount of risk, particularly important where technology Department and FAA will participate in this proposed rule would treat the entire is evolving rapidly, as is the case with the multi-stakeholder engagement spectrum of operations that would be small UAS. process led by the National subject to this rule in a similar manner In this proposal, the regulatory Telecommunications and Information by imposing less stringent regulatory objectives are to enable integration of Administration (NTIA) to assist in this burdens that would ensure that the small UAS into the NAS in a manner process regarding privacy, safety and security of the NAS would that does not impose unacceptable risk accountability, and transparency issues not be reduced by operation of these to other aircraft, people, or property. concerning commercial and private UAS. In the meantime, the FAA will The FAA seeks comment on whether UAS use in the NAS. We also note that continue working on integrating UAS there are additional requirements that state law and other legal protections for operations that pose greater amounts of could be specified in ways that are more individual privacy may provide risk, and will issue notices of proposed performance-oriented in order to recourse for a person whose privacy rulemaking for those operations once minimize any disincentives to develop may be affected through another the pertinent issues have been new technologies that achieve the person’s use of a UAS. addressed, consistent with the approach regulatory objectives at lower cost. The FAA conducted a privacy impact set forth in the UAS Comprehensive Recently, the FAA, with the approval assessment (PIA) of this rule as required Plan for Integration and FAA roadmap of the Secretary, has been issuing by section 522(a)(5) of division H of the for integration.26 Once the entire exemptions in accordance with 14 CFR FY 2005 Omnibus Appropriations Act, integration process is complete, the part 11 and section 333 of Public Law Public Law 108–447, 118 Stat. 3268 FAA envisions the NAS populated with 112–95 to accommodate an increasing (Dec. 8, 2004) and section 208 of the E- UAS that operate well beyond the number of small UAS operations that Government Act of 2002, Public Law are not for hobby or recreational 107–347, 116 Stat. 2889 (Dec. 17, 2002). 26 Section 332(a) of Public Law 112–95 requires purposes. If adopted, this rule will The assessment considers any impacts the Secretary of Transportation to develop a eliminate the need for the vast majority of the proposed rule on the privacy of comprehensive plan to safely accelerate the of these exemptions. The exemption information in an identifiable form. The integration of civil UAS into the NAS. This plan must be developed in consultation with process will continue to be available for FAA has determined that this proposed representatives of the aviation industry, federal UAS operations that fall outside the rule would impact the FAA’s handling agencies that employ UAS technology in the NAS, parameters of this rule. Such operations of personally identifiable information and the UAS industry. Section 332(a) also requires may involve the use of more advanced (PII). As part of the PIA that the FAA the Secretary of Transportation to develop a 5-year roadmap for the introduction of civil UAS into the conducted as part of this rulemaking, NAS. Both the comprehensive plan and the 27 http://www.whitehouse.gov/sites/default/files/ the FAA analyzed the effect this impact roadmap were published in November 2013. omb/assets/regulatory_matters_pdf/a-4.pdf might have on collecting, storing, and

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disseminating PII and examined and proposed part 107 would not apply to: impacts, which may require evaluated protections and alternative (1) Air carrier operations; (2) external airworthiness certification. information handling processes in load and towing operations; (3) Given the risks associated with developing the proposed rule in order to international operations; (4) foreign- external load and towing operations, the mitigate potential privacy risks. owned aircraft that are ineligible to be FAA cannot find that a certification is As proposed, the process for granting registered in the United States; (5) not required. However, the FAA invites unmanned aircraft operator certificates public aircraft; (6) certain model comments, with supporting with a small UAS rating would be aircraft; and (7) moored balloons, kites, documentation, on whether external- brought in line with the process for amateur rockets, and unmanned free load UAS operations and towing UAS granting traditional airman certificates. balloons. operations should be permitted, Thus, the privacy implications of this whether they would require 1. Air Carrier Operations rule to the privacy of the information airworthiness certification, whether that would be collected, maintained, When someone is transporting they would require higher levels of stored, and disseminated by the FAA in persons or property by air for airman certification, whether they accordance with this rule are the same compensation, that person is considered would require additional operational as the privacy implications of the FAA’s an air carrier by statute and is required limitations, and on other relevant current airman certification processes. to obtain an air carrier operating issues. These privacy impacts have been certificate.28 Because there is an analyzed by the FAA in the following expectation of safe transportation when 3. International Operations Privacy Impact Assessments for the payment is exchanged, air carriers are At this time, the FAA also proposes following systems: Civil Aviation subject to more stringent regulations to to limit this rulemaking to small UAS Registry Applications (AVS Registry); mitigate the risks posed to persons or operations conducted entirely within the Integrated Airman Certification and non-operator-owned property on the the United States. The International Ratings Application (IACRA); and aircraft. Civil Aviation Organization (ICAO) Accident Incident Database. These The FAA notes that some industries recognizes that: Privacy Impact Assessments are may desire to transport property via The safe integration of UAS into non- available in the docket for this 29 UAS. Proposed part 107 would not segregated airspace will be a long-term rulemaking and at http://www.dot.gov/ prohibit this type of transportation so activity with many stakeholders adding their individuals/privacy/privacy-impact- long as it is not done for compensation expertise on such diverse topics as licensing assessments#Federal Aviation and the total weight of the aircraft, and medical qualification of UAS crew, Administration (FAA). including the property, is less than 55 technologies for detect and avoid systems, frequency spectrum (including its protection B. Applicability pounds. For example, research and development operations transporting from unintentional or unlawful interference), To integrate small UAS operations property could be conducted under separation standards from other aircraft, and into the NAS, this proposed rule would proposed part 107, as could operations development of a robust regulatory framework.30 create a new part in title 14 of the CFR: by corporations transporting their own Part 107. Subject to the exceptions property within their business under the ICAO has further stated that discussed below, proposed part 107 other provisions of this proposed rule. ‘‘[u]nmanned aircraft . . . are, indeed would prescribe the rules governing the The FAA seeks comment on whether aircraft; therefore existing [ICAO registration, airman certification, and UAS should be permitted to transport standards and recommended practices] operation of civil small UAS within the property for payment within the other SARPs apply to a very great extent. The United States. As mentioned previously, proposed constraints of the rule, e.g., complete integration of UAS at a small UAS is a UAS that uses an the ban on flights over uninvolved aerodromes and in the various airspace unmanned aircraft weighing less than persons, the requirements for line of classes will, however, necessitate the 55 pounds. This proposed rule would sight, and the intent to limit operations development of UAS-specific SARPs to allow non-recreational small UAS to to a constrained area. The FAA also supplement those already existing.’’ 31 operate in the NAS. The operations seeks comment on whether a special ICAO has begun to issue and amend enabled by this proposed rule would class or classes of air carrier certification SARPs to specifically address UAS include business, academic, and should be developed for UAS operations. For example, the standard research and development flights, operations. contained in paragraph 3.1.9 of Annex which are hampered by the current 2 (Rules of the Air) to the Convention regulatory framework. 2. External Load and Towing Operations on International Civil Aviation states Under this proposal, the regulations The FAA considered allowing small that ‘‘A remotely piloted aircraft shall be of part 107, which are tailored to unmanned aircraft to conduct external- operated in such a manner as to address the risks associated with small load operations and to tow other aircraft minimize hazards to persons, property UAS operations, would apply to small or objects. These operations involve a or other aircraft and in accordance with UAS operations in place of certain greater level of public risk due to the the conditions specified in Appendix existing FAA regulations that impede dynamic nature of external-load 4.’’ This appendix sets forth detailed civil small UAS operations. Specifically, configurations and inherent risks conditions ICAO Member States must for small UAS operations, the associated with the flight characteristics require of civil UAS operations for the requirements of proposed part 107 of a load that is carried, or extends, ICAO Member State to comply with the would generally replace the outside the aircraft fuselage and may be Annex 2, paragraph 3.1.9 standard. airworthiness provisions of part 21, the jettisonable. These types of operations ICAO standards in Annex 7 (Aircraft airman certification provisions of part may also involve evaluation of the Nationality and Registration Marks) to 61, and the operating limitations of part aircraft frame for safety performance the Convention also require remotely 91. However, proposed part 107 would 28 49 U.S.C. 44711(a)(4). 30 ICAO Circular 328 (Unmanned Aircraft not apply to all small UAS operations. 29 Property that is transported as an external load Systems (UAS)) (2011). For the reasons discussed below, is discussed in the next section of the preamble. 31 Id.

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piloted aircraft to ‘‘carry an Aviation, to which the U.S. is a party, construction, helilogging, aerial identification plate inscribed with at provides: sightseeing, flight training, aerial least its nationality or common mark No aircraft capable of being flown without inspection and surveillance, and aerial and registration mark’’ and be ‘‘made of a pilot shall be flown without a pilot over the spraying services. The FAA will consult fireproof metal or other fireproof territory of a contracting State without with the Secretary to determine the material of suitable physical special authorization by that State and in process through which it might permit properties.’’ For remotely piloted accordance with the terms of such foreign-owned small unmanned aircraft aircraft, this identification plate must be authorization. Each contracting State to operate in the United States. The ‘‘secured in a prominent position near undertakes to insure that the flight of such FAA invites comments on the inclusion the main entrance or compartment or aircraft without a pilot in regions open to of foreign-registered small unmanned civil aircraft shall be so controlled as to affixed conspicuously to the exterior of obviate danger to civil aircraft. aircraft in this new framework. the aircraft if there is no main entrance As provided by 49 U.S.C. or compartment.’’ Accordingly, UAS operations in 40105(b)(1)(A), the FAA Administrator While we embrace the basic principle foreign countries may not take place must carry out his responsibilities under that UAS operations should minimize without the required authorizations and Part A (Air Commerce and Safety) of hazards to persons, property or other permission of that country. title 49, United States Code, consistently aircraft, we believe that it is possible to 4. Foreign-Owned Aircraft That Are with the obligations of the U.S. achieve this goal with respect to certain Ineligible for U.S. Registration Government under international small UAS operations in a much less agreements. The FAA invites comments restrictive manner than current ICAO The FAA proposes to limit the scope regarding whether the proposed rule standards require. Accordingly, the FAA of this rulemaking to U.S.-registered needs to be modified to ensure that it is proposes, for the time being, to limit the aircraft. Under 49 U.S.C. 44103 and 14 consistent with any relevant obligations applicability of proposed part 107 to CFR 47.3, an aircraft can be registered of the United States under international small UAS operations that are in the United States only if it is not agreements. registered under the laws of a foreign conducted entirely within the United 5. Public Aircraft Operations States. The FAA envisions that country and meets one of the following international operations would be dealt ownership criteria: This proposed rule would also not • The aircraft is owned by a citizen of with in a future FAA rulemaking. The apply to public aircraft operations with the United States; FAA believes that the experience that small UAS that are not operated as civil • The aircraft is owned by a the FAA will gain with UAS operations aircraft. This is because public aircraft permanent resident of the United States; under this rule will assist with future • operations, such as those conducted by The aircraft is owned by a the Department of Defense, the National rulemakings. The FAA also anticipates corporation that is not a citizen of the that ICAO will continue to revise and Aeronautics and Space Administration, United States, but that is organized and and the National Oceanic and more fully develop its framework for doing business under U.S. Federal or UAS operations to better reflect the Atmospheric Administration, are not state law and the aircraft is based and required to comply with civil diversity of UAS operations and types of primarily used in the United States; or UAS and to distinguish the appropriate • airworthiness or airman certification The aircraft is owned by the United requirements to conduct operations. levels of regulation in light of those States government or a state or local differences. However, these operations are subject to governmental entity. the airspace and air-traffic rules of part The FAA notes that under An aircraft that does not satisfy the Presidential Proclamation 5928, the 91, which include the ‘‘see and avoid’’ above criteria is typically owned by a requirement of § 91.113(b). Because territorial sea of the United States, and foreign person or entity and is subject to consequently its territorial airspace, 32 unmanned aircraft operations currently special operating rules. As previously are incapable of complying with extends to 12 nautical miles from the noted, the ICAO framework for baselines of the United States § 91.113(b), the FAA has required public international UAS operations is at a aircraft operations that use unmanned determined in accordance with relatively early stage in its development. international law. Thus, UAS operating aircraft to obtain an FAA-issued Accordingly, proposed part 107 would Certificate of Waiver or Authorization in the airspace above the U.S. territorial only apply to small unmanned aircraft sea would be operating within the (COA) providing the public aircraft that meet the criteria specified in § 47.3, operation with a waiver/deviation from United States for the purposes of this which must be satisfied in order for an proposed rule. the ‘‘see and avoid’’ requirement of aircraft to be eligible for U.S. § 91.113(b). The FAA also emphasizes that registration. The FAA notes existing proposed part 107 would not prohibit The existing COA system has been in U.S. international trade obligations do place for over eight years, and has not small UAS operators from operating in permit certain kinds of operations, international airspace or in other caused any significant human injuries known as specialty air services. or other significant adverse safety countries; however, the proposed rule Specialty air services are generally impacts.33 Accordingly, this proposed also would not provide authorization for defined as any specialized commercial rule would not abolish the COA system. such operations. UAS operations that do operation using an aircraft whose However, this proposed rule would not take place entirely within the primary purpose is not the provide public aircraft operations with United States would need to obtain all transportation of goods or passengers, greater flexibility by giving them the necessary authorizations from the FAA including but not limited to aerial option to declare an operation to be a and the relevant foreign authorities mapping, aerial surveying, aerial civil operation and comply with the outside of the part 107 framework, as photography, forest fire management, provisions of proposed part 107 instead that framework would not apply to firefighting, aerial advertising, glider operations that do not take place towing, parachute jumping, aerial 33 The FAA has been issuing COAs to public entirely within the United States. It is aircraft operations using UAS for over 20 years; important to note that Article 8 of the 32 See, e.g., 14 CFR part 91, subpart H (specifying however, prior to 2005, those COAs were issued Convention on International Civil operating rules for foreign civil aircraft). using different processes.

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of seeking a COA from the FAA. need to hold an unmanned aircraft that would most commonly apply to Because proposed part 107 would operator’s certificate with a small UAS model aircraft operations.’’ 40 address the risks associated with small rating. However, the FAA emphasizes 7. Moored Balloons, Kites, Amateur UAS operations, there would be no that because the prohibition on Rockets, and Unmanned Free Balloons adverse safety effects from allowing rulemaking in section 336 of Public Law public aircraft operations to be 112–95 is limited to model aircraft that Lastly, proposed part 107 would not voluntarily conducted under proposed meet all of the above statutory criteria, apply to moored balloons, kites, part 107.34 model aircraft weighing less than 55 amateur rockets, and unmanned free 6. Model Aircraft pounds that fail to meet all of the balloons. These types of aircraft statutory criteria would be subject to currently are regulated by the provisions Proposed part 107 would not apply to proposed part 107. of 14 CFR part 101. Because these model aircraft that satisfy all of the In addition, although Public Law 112– aircraft are already incorporated into the criteria specified in section 336 of 95 excepted certain model aircraft from NAS through part 101 and because the Public Law 112–95. Section 336 of FAA rulemaking, it specifically states safety risks associated with these Public Law 112–95 defines a model that the law’s exception does not limit specific aircraft are already mitigated by aircraft as an ‘‘unmanned aircraft that the Administrator’s authority to pursue the regulations of part 101, there is no is—(1) capable of sustained flight in the enforcement action against those model need to make these aircraft subject to atmosphere; (2) flown within visual line aircraft operators that ‘‘endanger the the provisions of proposed part 107. of sight of the person operating the safety of the national airspace aircraft; and (3) flown for hobby or C. Definitions system.’’ 37 This proposed rule would recreational purposes.’’ 35 Because codify the FAA’s enforcement authority Proposed part 107 would create a new section 336 of Public Law 112–95 in part 101 by prohibiting model aircraft set of definitions to address the unique defines a model aircraft as an operators from endangering the safety of aspects of a small UAS. Those proposed ‘‘unmanned aircraft,’’ a model aircraft the NAS. definitions are as follows. that weighs less than 55 pounds would fall into the definition of small UAS The FAA also notes that it recently 1. Control Station under this rule. issued an interpretive rule explaining Proposed part 107 would define a However, Public Law 112–95 the provisions of section 336 and ‘‘control station’’ as an interface used by specifically prohibits the FAA from concluding that ‘‘Congress intended for the operator to control the flight path of promulgating rules regarding model the FAA to be able to rely on a range the small unmanned aircraft. In a aircraft that meet all of the following of our existing regulations to protect manned aircraft, the interface used by statutory criteria: 36 users of the airspace and people and • The aircraft is flown strictly for property on the ground.’’ 38 In this the pilot to control the flight path of the hobby or recreational use; interpretive rule, the FAA gave aircraft is a part of the aircraft and is • The aircraft is operated in examples of existing regulations the typically located inside the aircraft accordance with a community-based set violation of which could subject model flight deck. Conversely, the interface of safety guidelines and within the aircraft to enforcement action. Those used to control the flight path of a small programming of a nationwide regulations include: unmanned aircraft is typically community-based organization; • Prohibitions on careless or reckless physically separated from the aircraft • The aircraft is limited to not more operation and dropping objects so as to and remains on the ground during than 55 pounds unless otherwise create a hazard to persons or property aircraft flight. Defining the concept of a certified through a design, construction, (14 CFR 91.13 and 91.15); control station would clarify the inspection, flight test, and operational • Right-of-way rules for converging interface that is considered part of the safety program administered by a aircraft (14 CFR 91.113); small UAS under this regulation. community-based organization; • Rules governing operations in • 2. Corrective Lenses The aircraft is operated in a manner designated airspace (14 CFR part 73 and that does not interfere with and gives §§ 91.126 through 91.135); and Proposed part 107 would also define ‘‘corrective lenses’’ as spectacles or way to any manned aircraft; and • Rules relating to operations in areas • When flown within 5 miles of an contact lenses. As discussed in the covered by temporary flight restrictions airport, the operator of the aircraft Operating Rules section of this and notices to airmen (NOTAMs) (14 provides the airport operator and the preamble, this proposed rule would CFR 91.137 through 91.145).39 airport air traffic control tower (when an require the operator and/or visual air traffic facility is located at the The FAA notes that the above list is observer to have visual line of sight of airport) with prior notice of the not intended to be an exhaustive list of the small unmanned aircraft with vision operation. all existing regulations that apply to that is not enhanced by any device other Because of the statutory prohibition model aircraft meeting the statutory than corrective lenses. This is because on FAA rulemaking regarding model criteria of Public Law 112–95, section spectacles and contact lenses do not aircraft that meet the above criteria, 336. Rather, as explained in the restrict a user’s peripheral vision while model aircraft meeting these criteria interpretive rule, ‘‘[t]he FAA anticipates other vision-enhancing devices may would not be subject to the provisions that the cited regulations are the ones restrict that vision. Because peripheral of proposed part 107. Likewise, vision is necessary in order for the operators of model aircraft excepted 37 Sec. 336(b) of Public Law 112–95. operator and/or visual observer to be from part 107 by the statute would not 38 Interpretation of the Special Rule for Model Aircraft, 79 FR 36172, 36175 (June 25, 2014). This able to see and avoid other air traffic in document was issued as a notice of interpretation the NAS, this proposed rule would limit 34 The FAA notes that section 334(b) of Public and has been in effect since its issuance on June 25, the circumstances in which vision- Law 112–95 requires the FAA to develop standards 2014. However, we note that the FAA has invited enhancing devices other than spectacles regarding the operation of public UAS by December comment on this interpretation, and may modify 31, 2015. the interpretation as a result of comments that were or contact lenses may be used. 35 Sec. 336(c) of Public Law 112–95. received. 36 Sec. 336(a) of Public Law 112–95. 39 Id. at 36175–76. 40 Id. at 36176.

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3. Operator and Visual Observer discussed further in this preamble, this would have been required to: (1) Obtain Because of the unique nature of small proposed rule would create a new a permit to operate (PTO) from the FAA, UAS operations, this proposed rule position of operator to replace the which would have to be renewed after would create two new crewmember traditional manned-aviation positions of one year; (2) file quarterly reports with positions: The operator and the visual pilot and pilot-in-command for small the FAA providing their operational observer. These positions are discussed UAS operations. data; (3) establish a level of airworthiness that would be sufficient to further in section III.D.1 of this 6. Unmanned Aircraft preamble. obtain an airworthiness certification Lastly, this proposed rule would (the initial approach would have 4. Small Unmanned Aircraft define an unmanned aircraft as an merged airworthiness certification into Public Law 112–95 defines a ‘‘small aircraft operated without the possibility the PTO); (4) obtain a pilot certificate by unmanned aircraft’’ as ‘‘an unmanned of direct human intervention from passing a knowledge test, a practical aircraft weighing less than 55 within or on the aircraft. This proposed test, and completing required ground pounds.’’ 41 This statutory definition of definition would codify the definition of training with an FAA-certificated small unmanned aircraft does not ‘‘unmanned aircraft’’ specified in Public instructor; (5) obtain a NOTAM from the 44 specify whether the 55-pound weight Law 112–95. FAA prior to conducting certain UAS limit refers to the total weight of the D. Operating Rules operations (the operator would do this aircraft at the time of takeoff (which by filing notice with the FAA); and (6) As discussed earlier in this preamble would encompass the weight of the maintain records documenting the (section III.A), instead of a single aircraft and any payload on board), or complete maintenance history of the omnibus rulemaking that applies to all simply the weight of an empty aircraft. UAS. This proposed rule would define a small UAS operations, the FAA has After extensive deliberation, the FAA small unmanned aircraft as an decided to proceed incrementally and ultimately determined that such a unmanned aircraft weighing less than issue a rule governing small UAS regulatory framework was too complex, 55 pounds, including everything that is operations that pose the least amount of costly, and burdensome for both the on board the aircraft. The FAA proposes risk. Subpart B of this proposed rule public and the FAA. The FAA then to interpret the statutory definition of would specify the operating constraints examined the entire small UAS category small unmanned aircraft as referring to of these operations. The FAA of aircraft (unmanned aircraft weighing total weight at the time of takeoff emphasizes that it intends to conduct less than 55 pounds) in light of the new because heavier aircraft generally pose future rulemaking(s) to incorporate into authority provided for under section greater amounts of public risk in the the NAS small UAS operations that pose 333 of Public Law 112–95 and event of an accident. In the event of a a greater level of risk than the determined that appropriate operational crash, a heavier aircraft can do more operations that would be permitted by risk mitigations could be developed to damage to people and property on the this proposed rule. However, those allow the entire category of small UAS ground. The FAA also notes that this operations present additional safety to avoid airworthiness certification and approach would be similar to the issues that the FAA needs more time to be subject to the least burdensome level approach that the FAA has taken with address. In the meantime, under this of regulation that is necessary to protect other aircraft, such as large aircraft, proposed rule, operations that could be the safety and security of the NAS. light-sport aircraft, and small aircraft.42 conducted within the proposed Furthermore, the FAA decided to also operational constraints would be substantially simplify the operational 5. Small Unmanned Aircraft System incorporated into the NAS. limitations and airman (operator) (Small UAS) The FAA also considered whether to certification requirements in a manner This proposed rule would define a further subdivide small UAS into that would equally accommodate all small UAS as a small unmanned aircraft different categories of unmanned types of small UAS business users with and its associated elements (including aircraft that would be regulated the least amount of complexity and communication links and the differently based on their weight, regulatory burden. components that control the small operational characteristics, and The FAA believes that treating small unmanned aircraft) that are required for operating environment. This UAS as a single category without the safe and efficient operation of the subdivision would have been based on airworthiness certification would small unmanned aircraft in the NAS. five category groups (Groups A through accommodate a large majority of small Except for one difference, this proposed E). Each of these groups would have UAS businesses and other non- definition would be similar to the been regulated based on its specific recreational users of UAS. The definition of ‘‘unmanned aircraft weight and operating characteristics. operational limits in this proposed rule system’’ provided in Public Law 112– This is the framework that the FAA would mitigate risk associated with 95.43 The difference between the two used in its initial approach to this small UAS operations in a way that definitions is that the proposed rulemaking. However, because this would provide an equivalent level of definition in this rule would not refer to framework attempted to integrate a wide safety to the NAS with the least amount a pilot-in-command because, as range of UAS operations posing of burden to business and other non- different risk profiles whose integration recreational users of even the smallest 41 Sec. 331(6) of Public Law 112–95. raised policy questions on which data UAS. The FAA invites comments, with 42 See 14 CFR 1.1 (referring to ‘‘takeoff weight’’ was either limited or unavailable, the supporting documentation, on whether for large, light-sport, and small aircraft in the FAA’s initial approach would have been the regulation of small UAS should be definitions for those aircraft). unduly burdensome on all UAS groups 43 Sec. 331(9) of Public Law 112–95. Public Law further subdivided based on the size, 112–95 defines an ‘‘unmanned aircraft system’’ as that would have been covered under weight, and operating environment of ‘‘an unmanned aircraft and associated elements that approach. For example, UAS in the small UAS. (including communication links and the Group A, which posed the least safety components that control the unmanned aircraft) 1. Micro UAS Classification that are required for the pilot in command to risk under the FAA’s initial framework, operate safely and efficiently in the national In addition to part 107 as proposed, airspace system.’’ 44 Sec. 331(8) of Public Law 112–95. the FAA is considering including a

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micro UAS classification. This countries. In considering other for small UAS. The chart below classification would be based on the countries’ aviation policies, the FAA summarizes Transport Canada’s UAS ARC’s recommendations, as well noted that each country has its unique operational limitations for micro UAS as approaches adopted in other aviation statutory and rulemaking (4.4 pounds (2 kilograms) and under) countries that have a separate set of requirements, which may include that and compares it with the regulatory regulations for micro UAS. country’s unique economic, geographic, framework in proposed part 107 as well In developing this micro UAS and airspace density considerations. as the micro UAS classification that the classification, the FAA examined small Canada is our only North American FAA is considering. UAS policies adopted in other neighbor with a regulatory framework

COMPARISON OF CANADIAN RULES GOVERNING MICRO UAS CLASS WITH PROVISIONS OF PROPOSED PART 107 AND MICRO UAS SUB-CLASSIFICATION

Micro UAS Sub- Provision Canada Small UAS NPRM classification

Definition of Small UAS ...... Up to 4.4 lbs (2 kg) ...... Up to 55 lbs (24 kg) ...... Up to 4.4 lbs (2 kg). Maximum Altitude Above Ground ...... 300 feet ...... 500 feet ...... 400 feet. Airspace Limitations ...... Only within Class G airspace ...... Allowed within Class E in areas not Only within Class designated for an airport. Otherwise, G airspace. need ATC permission. Allowed with- in Class B, C and D with ATC per- mission. Allowed in Class G with no ATC permission. Distance from people and structures ..... 100 feet laterally from any building, Simply prohibits UAS operations over Flying over any structure, vehicle, vessel or animal any person not involved in the oper- person is per- not associated with the operation ations (unless under a covered mitted. and 100 feet from any person. structure). Ability to extend operational area ...... No ...... Yes, from a waterborne vehicle ...... No. Autonomous operations ...... No ...... Yes ...... No. Aeronautical knowledge required ...... Yes; ground school ...... Yes; applicant would take knowledge Yes; applicant test. would self-certify. First person view permitted ...... No ...... Yes, provided operator is visually ca- No. pable of seeing the small UAS. Operator training required ...... Yes, ground school ...... No ...... No. Visual observer training required ...... Yes ...... No ...... No. Operator certificate required...... No ...... Yes (must pass basic UAS aero- Yes (no knowledge nautical test). test required). Preflight safety assessment ...... Yes ...... Yes ...... Yes. Operate within 5 miles of an airport ...... No ...... Yes ...... No. Operate in a congested area ...... No ...... Yes ...... Yes. Liability insurance ...... Yes, $100,000 CAN ...... No ...... No. Daylight operations only ...... Yes ...... Yes ...... Yes. Aircraft must be made out of frangible No ...... No ...... Yes. materials.

The FAA is considering the following an airspeed of 30 knots. This provision control the flight path of the unmanned provisions for the micro UAS would be based on the ARC’s aircraft. This provision would be based classification: recommendation, which was concerned on ARC recommendations and Canada’s • The unmanned aircraft used in the with damage that could be done by requirements for micro UAS; operation would weigh no more than unmanned aircraft flying at higher • The operation would be limited 4.4 pounds (2 kilograms). This provision speeds; entirely to Class G airspace. This would be based on the ARC’s • During the course of the operation, provision would be based on Canada’s recommendations and on how other the unmanned aircraft would not travel requirements for micro UAS; and countries, such as Canada, subdivide higher than 400 feet above ground level • The unmanned aircraft would their UAS into micro or lightweight (AGL). This provision would be based maintain a distance of at least 5 nautical UAS; on the ARC’s recommendations; miles from any airport. This provision • The unmanned aircraft would be • The unmanned aircraft would be would be based on Canada’s made out of frangible materials that flown within visual line of sight; first- requirements for micro UAS. break, distort, or yield on impact so as person view would not be used during The operational parameters discussed to present a minimal hazard to any the operation; and the aircraft would not above may provide significant person or object that the unmanned travel farther than 1,500 feet away from additional safety mitigations. aircraft collides with. Examples of such the operator. These provisions would be Specifically, a very light (micro) UAS materials are breakable plastic, paper, based on ARC recommendations and operating at lower altitudes and at lower wood, and foam. This provision would Canada’s requirements for micro UAS; speeds, that is made up of materials that be based on the ARC’s • The operator would maintain break or yield easily upon impact, may recommendations; manual control of the flight path of the pose a much lower risk to persons, • During the course of the operation, unmanned aircraft at all times, and the property, and other NAS users than a the unmanned aircraft would not exceed operator would not use automation to UAS that does not operate within these

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parameters. Additionally, limiting the UAS into the NAS. The FAA notes, statutory flexibility provided in section micro UAS operation entirely to Class G however, that due to statutory 333 of Public Law 112–95 is limited to airspace, far away from an airport, and constraints, the FAA would be unable to airworthiness certification and does not in close proximity to the operator (as eliminate the requirement to hold an extend to airman certification. Thus, as well as limiting the unmanned aircraft’s airman certificate and register the mentioned previously, the FAA’s statute flight path to the operator’s constant unmanned aircraft even if it were to prohibits a person without an airman manual control) would significantly adopt a micro UAS approach in the final certificate from serving in any capacity reduce the risk of collision with another rule. as an airman with respect to a civil aircraft. Accordingly, because the During the course of this rulemaking, aircraft used or intended to be used in specific parameters of a micro UAS the FAA also received a petition for air commerce.45 The statute defines an operation described above would rulemaking from UAS America Fund ‘‘airman,’’ in part, as an individual who, provide additional safety mitigation for LLC. This petition presented the FAA as a member of the crew, navigates the those operations, the FAA’s micro UAS with an alternative approach to aircraft when under way.46 Because approach would allow micro UAS to regulating micro UAS, complete with a under this proposed rule the operator operate directly over people not set of regulatory provisions that would would be a member of the crew and involved in the operation. Under the be specific to micro UAS operations. would navigate the small unmanned FAA’s micro UAS approach, the Because the FAA was already in the aircraft when that aircraft is under way, operator of a micro UAS also would be process of rulemaking at the time this an operator would be an airman as able to operate using a UAS airman petition was filed, pursuant to 14 CFR defined in the FAA’s statute. certificate with a different rating (an 11.73(c), the FAA will not treat this Accordingly, the operator would unmanned aircraft operator certificate petition as a separate action, but rather, statutorily be required to obtain an with a micro UAS rating) than the will consider it as a comment on this airman certificate in order to fly the airman certificate that would be created rulemaking. Accordingly, the FAA has small unmanned aircraft. by proposed part 107. No knowledge placed a copy of UAS America Fund’s The FAA proposes to codify this test would be required in order to obtain rulemaking petition in the docket for statutory requirement in § 107.13(a), an unmanned aircraft operator this rulemaking and invites comments which would require a person who certificate with a micro UAS rating; on the suggestions presented in this wishes to serve as an operator to obtain instead, the applicant would simply petition. Any comments received in an unmanned aircraft airman certificate submit a signed statement to the FAA response to the proposals in the petition with a small UAS rating. An unmanned stating that he or she has familiarized will be considered in this rulemaking. aircraft airman certificate would be a him or herself with all of the areas of new type of airman certificate that 2. Operator and Visual Observer knowledge that are tested on the initial would be created by this proposed rule aeronautical knowledge test that is As briefly mentioned earlier, this specifically for UAS operators to satisfy proposed under part 107. proposed rule would create two new the statutory requirement for an airman The FAA is also considering whether crewmember positions: An operator and certificate. The certificate necessary to to require, as part of the micro UAS a visual observer. The FAA proposes operate small UAS would have a small approach, that the micro UAS be made these positions for small UAS UAS rating. The FAA anticipates that out of frangible material. A UAS that is operations instead of the traditional certificates used to operate UAS not made out of frangible material presents manned-aircraft positions of pilot, flight subject to this proposed rule would a significantly lower risk to persons on engineer, and flight navigator. This is have different certification the ground, as that UAS is more likely being proposed because, by their very requirements. The specific details of to shatter if it should impact a person nature, small UAS operations are this certificate are discussed further in rather than injuring that person. different from manned aircraft section III.E of this preamble. Without the risk mitigation provided by operations, and this necessitates a The FAA also proposes to give each frangible-material construction, the FAA different set of qualifications for operator the power and responsibility would be unable to allow micro UAS to crewmembers. typically associated with a pilot-in- operate directly over a person not i. Operator command (PIC) under the existing involved in the operation. The FAA regulations. Under the existing notes that, currently, a majority of fixed- The FAA proposes to define an regulations, the PIC ‘‘is directly wing small UAS are made out of operator as a person who manipulates responsible for, and is the final frangible materials that would satisfy the flight controls of a small UAS. Flight authority as to the operation of [the] the proposed requirement. The FAA controls include any system or aircraft.’’ 47 The PIC position provides invites comments on whether it should component that affects the flight path of additional accountability for the safety eliminate frangibility from the micro the aircraft. The position of operator of an operation by: (1) Ensuring that a UAS framework. would be somewhat analogous to the single person on board the aircraft is The FAA also invites commenters to position of a pilot who controls the accountable for that operation; and (2) submit data and any other supporting flight of a manned aircraft. However, the providing that person with the authority documentation on whether the micro FAA proposes to create the position of to address issues affecting operational UAS classification should be included an operator rather than expand the safety. in the final rule, and what provisions existing definition of pilot to emphasize An accountability system, such as the the FAA should adopt for such a that, even though the operator directly existing PIC concept, would provide classification. The FAA invites further controls the flight of the unmanned similar benefits for small UAS comments, with supporting aircraft, the operator is not actually operations. Accordingly, the FAA documentation, estimating the costs and present on the aircraft. proposes, in § 107.19(a), to make each benefits of implementing a micro UAS The FAA notes that even though a operator: (1) Directly responsible for the approach in the final rule. Finally, the small UAS operator is not a pilot, the FAA invites comments to assess the risk operator would still be considered an 45 49 U.S.C. 44711(a)(2)(A). to other airspace users posed by the airman and statutorily required to 46 49 U.S.C. 40102(a)(8)(A). lesser restricted integration of micro obtain an airman certificate. The 47 14 CFR 91.3(a).

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small UAS operation, and (2) the final as a person who assists the small communication with each other at all authority as to the small UAS operation. unmanned aircraft operator in seeing times. This means that the operator and To provide further clarity as to the and avoiding other air traffic or objects visual observer must work out a method operator’s authority over the small UAS aloft or on the ground. The visual of communication prior to the operation operation, proposed § 107.49(b) would observer would do this by augmenting that allows them to understand each require that each person involved in the the operator as the person who must other, and utilize that method in the small UAS operation perform the duties satisfy the see-and-avoid and visual- operation. The FAA notes that this assigned by the operator. line-of-sight requirements of this proposed communication requirement The FAA also considered providing proposed rule. As discussed in more would permit the use of the operator with the emergency powers detail below, an operator must always communication-assisting devices, such available to the PIC under 14 CFR be capable of seeing the small as radios, to facilitate communication 91.3(b). Under § 91.3(b), a PIC can unmanned aircraft. However, if the between the operator and visual deviate from FAA regulations to operation is augmented by at least one observer from a distance. The FAA respond to an in-flight emergency. visual observer, the operator is not considered requiring the visual observer However, the FAA does not believe that required to exercise this capability, as to be stationed next to the operator to this power is necessary for the operator long as the visual observer maintains a allow for unassisted oral because a small unmanned aircraft is constant visual-line-of-sight of the small communication, but decided that this highly maneuverable and much easier to unmanned aircraft. requirement would be unduly land than a manned aircraft. Thus, in an The FAA emphasizes that, as burdensome, as it is possible to have emergency, an operator should be able proposed, a visual observer is not a effective oral communication through a to promptly land the small unmanned required crewmember, as the operator communication-assisting device. The aircraft in compliance with FAA could always satisfy the pertinent FAA invites comments on whether the regulations. Accordingly, the FAA requirements him- or herself. Under this visual observer should be required to proposes not to provide an operator proposed rule, an operator could, at his stand close enough to the operator to with the emergency powers available to or her discretion, use a visual observer allow for unassisted verbal the PIC under § 91.3(b). The FAA invites to increase the flexibility of the communication. comments on this issue. operation. The FAA notes, however, Under this proposed rule, the visual The FAA also does not believe that it that as discussed in III.D.3.i of this observer would not be permitted to is necessary to create a separate preamble, even if a visual observer is manipulate any controls of the small ‘‘operator-in-command’’ position for used to augment the operation, a small UAS, share in operational control, or small UAS operations. The existing unmanned aircraft would still be exercise operation-related judgment regulations create a separate PIC required by § 107.33(c) to always remain independent of the operator. Because position because many manned aircraft close enough to the control station for the visual observer’s role in the small are operated by multiple pilots. Thus, it the operator to be capable of seeing that UAS operation would be limited to is necessary to designate one of those aircraft. simply communicating what he or she pilots as the accountable authority for To ensure that the visual observer can is seeing to the operator, the visual the operation. By contrast, only one carry out his or her duties, the FAA observer would not be an ‘‘airman’’ as operator is needed for a small UAS proposes, in § 107.33(b), that the defined in the FAA’s statute.48 flight operation even though additional operator be required to ensure that the Consequently, as proposed, the visual non-operator persons could be involved visual observer is positioned in a observer would not statutorily be in the operation. Thus, at this time, it is location where he or she is able to see required to obtain an airman not necessary to create an operator-in- the small unmanned aircraft in the certificate.49 command position. The FAA invites manner required by the proposed While an airman certificate for a comments on whether a separate visual-line-of-sight and see-and-avoid visual observer is not statutorily operator-in-command position should provisions of §§ 107.31 and 107.37. The mandated, the FAA considered be created for small UAS operations. operator can do this by specifying the requiring that the visual observer obtain The FAA finally notes that the term location of the visual observer. The FAA an airman certificate.50 However, due to ‘‘operate’’ is currently a defined term in also proposes to require, in § 107.33(d), the fact that this proposed rule would 14 CFR 1.1 that is used in manned- that the operator and visual observer not permit the visual observer to aircraft operations. While, for purposes coordinate to: (1) Scan the airspace of proposed part 107, the proposed where the small unmanned aircraft is 48 49 U.S.C. 40102(a)(8). This statute defines an definition of ‘‘operator’’ would operating for any potential collision ‘‘airman’’ as an individual: ‘‘(A) in command, or as hazard; and (2) maintain awareness of pilot, mechanic, or member of the crew, who supersede any conflicting definitions in navigates aircraft when under way; (B) except to the § 1.1, the FAA invites comments as to the position of the small unmanned extent the Administrator of the Federal Aviation whether defining a new crewmember aircraft through direct visual Administration may provide otherwise for position as an ‘‘operator’’ would cause observation. This would be individuals employed outside the United States, accomplished by the visual observer who is directly in charge of inspecting, maintaining, confusion with the existing terminology. overhauling, or repairing aircraft, aircraft engines, If so, the FAA invites suggestions as to maintaining visual contact with the propellers, or appliances; or (C) who serves as an an alternative title for this crewmember small unmanned aircraft and the aircraft dispatcher or air traffic control-tower position. surrounding airspace and then operator.’’ The visual observer’s limited role in the communicating to the operator the flight operation of a small UAS would not meet any of ii. Visual Observer status of the small unmanned aircraft these criteria. 49 See 49 U.S.C. 44711(a)(2)(A) (prohibiting a To assist the operator with the and any hazards which may enter the person without an airman certificate from serving proposed see-and-avoid and visual-line- area of operation so that the operator in any capacity as an airman with respect to a civil of-sight requirements discussed in the can take appropriate action. aircraft used or intended to be used in air next section of this preamble, the FAA To make this communication commerce). 50 This requirement would be imposed pursuant proposes to create the position of a possible, this proposed rule would to 49 U.S.C. 44701(a)(5), which gives FAA the visual observer. Under this proposed require, in § 107.33(a), that the operator power to prescribe regulations that it finds rule, a visual observer would be defined and visual observer maintain effective necessary for safety in air commerce.

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manipulate the small UAS controls or small UAS operations in lieu of visual small unmanned aircraft’s attitude, exercise any independent judgment or line of sight. The FAA has not identified altitude, and direction; (3) observe the operational control, the FAA believes an acceptable technological substitute airspace for other air traffic or hazards; that certification of visual observers for the safety protections provided by and (4) determine that the small would not result in significant safety direct human vision in small UAS unmanned aircraft does not endanger benefits. Accordingly, the FAA is not operations at this time. For these the life or property of another. Because proposing to require airman certification reasons and consistent with the maintaining this type of awareness in for visual observers. The FAA invites statutory direction provided for in real-time is a concentration-intensive comments on whether an airman section 333, the FAA proposes to activity, proposed § 107.35 would limit certificate should be required to serve as require, in §§ 107.31 and 107.37(a)(1), an operator or visual observer to a visual observer. If so, what that the operator (and visual observer, if operating no more than one small UAS requirements should an applicant meet used) must be capable of maintaining a at the same time.51 in order to obtain a visual observer visual line of sight of the small Binoculars, onboard cameras, and airman certificate? The FAA also invites unmanned aircraft throughout that other vision-enhancing devices (aside comments regarding the costs and aircraft’s entire flight with human vision from spectacles or contact lenses) benefits of requiring airman certification that is unaided by any device other than cannot be used to satisfy this proposed for visual observers. spectacles or contact lenses. requirement because those devices If a visual observer is not used, the restrict the user’s peripheral field of 3. See-and-Avoid and Visibility operator must exercise this capability Requirements vision. Since a pilot often uses and maintain watch over the small peripheral vision to identify other Turning to the see-and-avoid and unmanned aircraft during flight. aircraft in the NAS,52 a device that visibility requirements mentioned in the However, if an operation is augmented restricts peripheral vision hinders the previous section, one of the issues with by at least one visual observer, then the user’s ability to see other aircraft. small UAS operations is that the small visual observer can be used to satisfy However, the FAA recognizes that there UAS operator cannot see and avoid the visual-line-of-sight requirements, as are advantages to using vision- other aircraft in the same manner as a long as the operator always remains enhancing devices, such as those used pilot who is inside a manned aircraft. situated such that he or she can exercise when utilizing camera video transmitted Because at this time there is no visual-line-of-sight capability. to a screen at the operator’s station (also technology that can provide an The FAA notes that this proposed known as first person view) when acceptable see-and-avoid replacement requirement does not require the person conducting inspections of bridges or for human vision for small UAS maintaining visual line of sight to towers. This proposed rule is not operations, this proposed rule would constantly watch the unmanned aircraft intended to prohibit the use of those limit small UAS operations to within for every single second of that aircraft’s devices. Rather, the proposed visual- the visual line of sight of the operator flight. The FAA understands and line-of-sight requirement requires and a visual observer. This proposed accepts that this person may lose sight simply that at least one person involved rule would also impose requirements to of the unmanned aircraft for brief in the operation, either the operator or ensure maximum visibility for the moments of the operation. This may be a visual observer, must maintain an operation of the small UAS and ensure necessary either because the small UAS unenhanced visual line of sight of the that small unmanned aircraft always momentarily travels behind an small unmanned aircraft. Anyone else yield the right-of-way to other users of obstruction or to allow the person involved in the operation may use a the NAS. maintaining visual line of sight to perform actions such as scanning the vision-enhancing device (including i. See-and-Avoid airspace or briefly looking down at the first-person view) so long as that device Currently, 14 CFR 91.113(b) imposes small UAS control station. The visual- is not used to meet the proposed a requirement on all aircraft operations line-of-sight requirement of this requirements of §§ 107.31 and 107.37. that, during flight, ‘‘vigilance shall be proposed rule would allow the person The FAA invites comments on this maintained by each person operating an maintaining visual line of sight brief proposed visual-line-of-sight aircraft so as to see and avoid other moments in which he or she cannot requirement. The FAA also invites aircraft.’’ This see-and-avoid directly see the small unmanned aircraft suggestions, with supporting requirement is at the heart of the FAA’s provided that the person is able to see documentation, for other ways in which regulatory structure mitigating the risk the surrounding operational area a first-person-view device could be used of aircraft colliding in midair. As such, sufficiently well to carry out his or her by the operator without compromising in crafting this proposed rule, the FAA visual-line-of-sight-related the risk mitigation provided by the sought a standard under which the responsibilities. Anything more than proposed visual-line-of-sight small UAS operator would have the brief moments during which the person requirement. The FAA also invites ability to see and avoid other aircraft maintaining visual line of sight is comments on whether it should permit similar to that of a manned-aircraft unable to see the small unmanned operations beyond visual line of sight in pilot. aircraft would be prohibited under this its final rule, for example through The FAA considered proposing that a proposed rule. deviation authority, once the pertinent UAS operator be permitted to exercise To ensure that the operator’s vision technology matures to the extent that it his or her see-and-avoid responsibilities (and that of a visual observer, if used) through technological means, such as of the small unmanned aircraft is 51 The use of a visual observer would not be sufficient to allow an operator to operate more than onboard cameras. We recognize that sufficient to see and avoid other aircraft one small UAS because the operator would still technology is developing that could in the NAS, the proposed rule would need to maintain sufficient concentration to react to provide an acceptable substitute for require that the operator’s or visual the information provided to him or her by the direct human vision in UAS operations. observer’s vision of the small unmanned visual observer. 52 Pilot Safety brochure: ‘‘Pilot Vision.’’ http:// FAA does not, however, believe this aircraft must be sufficient to allow him www.faa.gov/pilots/safety/pilotsafetybrochures/ technology has matured to the extent or her to: (1) Know the small unmanned media/pilot_vision.pdf. A copy of this document is that would allow it to be used safely in aircraft’s location; (2) determine the also available in the docket for this rulemaking.

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can be used to safely operate beyond operation that is contemplated by traditional right-of-way rules. The visual line of sight. If so, what level of section 333 of Public Law 112–95. smaller visual profile of the small validation should the technology be The FAA realizes the proposed unmanned aircraft makes it difficult for subject to in order to demonstrate daylight-only operations requirement manned pilots to see and, therefore, reliability? For example, should the may affect the ability to use small avoid the unmanned aircraft. This risk FAA use its existing certification or unmanned aircraft in more northern is further compounded by the difference validation methodologies to evaluate latitudes (specifically Alaska), and is in speed between manned aircraft and UAS technology? willing to consider any reasonable the often slower small unmanned mitigation which would ensure that an aircraft. Because of these challenges, the ii. Additional Visibility Requirements equivalent level of safety is maintained FAA proposes to require, in To further ensure that a small UAS while operating in low-light areas. The § 107.37(a)(2), that the small UAS operator/visual observer can see and FAA welcomes public comments with operator must always be the one to avoid other aircraft, the FAA proposes suggestions on how to effectively initiate an avoidance maneuver to avoid (1) to limit the operation of small UAS mitigate the risk of operations of small collision with any other user of the to daylight-only operations, and (2) to unmanned aircraft during low-light or NAS. Optimally, the small UAS impose weather-minimum visibility nighttime operations. operator should give right-of-way to all requirements In addition, to ensure that small UAS manned aircraft in such a manner that First, the FAA proposes, in § 107.29, operators and visual observers have the the manned aircraft is never presented to prohibit the operation of a small UAS ability to see and avoid other aircraft, with a see-and-avoid decision or the outside the hours of official sunrise and the FAA is proposing to require, in impression that it must maneuver to sunset. The Federal Air Almanac § 107.51(c), a minimum flight visibility avoid the small UAS. provides tables which are used to of 3 statute miles (5 kilometers) from the When a small UAS operator determine sunrise and sunset at various control station for small UAS encounters another unmanned aircraft, latitudes. The FAA considered operations. A visibility of 3 statute miles each operator must exercise his or her proposing to allow small UAS currently is required for aircraft discretion to avoid a collision between operations outside the hours of official operations in controlled airspace.54 The the aircraft. In extreme situations where sunrise and sunset, recognizing that this FAA also requires a 3-mile visibility in collision is imminent, the small UAS would integrate a greater quantity of the context of other unmanned aircraft operator must always consider the small UAS operations into the NAS. operations (moored balloons and safety of people, first and foremost, over However, the FAA has decided to kites).55 The reason for the increased the value of any equipment, even if it propose limiting small UAS use to visibility requirement is to provide the means the loss of the unmanned aircraft. daylight-only operations due to the small UAS operator with additional To further mitigate the risk of a mid-air relatively small size of the small time after seeing a manned aircraft to collision, the FAA also proposes to unmanned aircraft and the difficulty in maneuver and avoid an accident or codify, in § 107.37(b), the existing being able to see it in darker incident with the manned aircraft. requirement in 14 CFR 91.111(a), which environments to avoid other airspace In addition, the FAA is proposing to prohibits a person from operating an users. The FAA also notes that most require, in § 107.51(d), that the small aircraft so close to another aircraft as to small unmanned aircraft flights under unmanned aircraft must be no less than: create a collision hazard. this proposed rule would take place at (1) 500 feet (150 meters) below clouds; low altitudes, and flying at night would 4. Containment and Loss of Positive and (2) 2,000 feet (600 meters) Control limit the small UAS operator’s ability to horizontal from clouds. This is similar see people on the ground and take to the requirements imposed by 14 CFR As discussed above, one of the issues precautions to ensure that the small 91.155 on aircraft operating in unique to UAS operations is the unmanned aircraft does not pose a controlled airspace under visual flight possibility that during flight, the UAS hazard to those people. Moreover, rules. The FAA proposes to impose operator may become unable to directly allowing small UAS operations outside these cloud-clearance requirements on control the unmanned aircraft due to a of daylight hours would require small UAS operations because, as failure of the control link between the equipage specifications (such as a mentioned previously, small UAS aircraft and the operator’s control lighting system emitting a certain operators do not have the same see-and- station. This failure is known as a loss minimum amount of light) and avoid capability as manned-aircraft of positive control. Because the UAS airworthiness certification requirements pilots. operator’s direct connection to the that are contrary to the FAA’s goal of a aircraft is funneled through the control minimally burdensome rule for small iii. Yielding Right of Way link, a failure of the control link could unmanned aircraft. The FAA also notes Now that we have discussed how a have significant adverse results. that, for manned aircraft operations, the small UAS operator sees other users of To address this issue, the FAA regulations provide for very specific the NAS, we turn to how that operator proposes a performance-based operator- lighting systems necessary to safely avoids those users. In aviation, this is responsibility standard built around the operate in the NAS. Those regulations accomplished through right-of-way concept of a confined area of operation. require, among other things: (1) Lighting rules, which pilots are required to Confining the flight of a small system angles; (2) lighting system follow when encountering other aircraft. unmanned aircraft to a limited area intensity; (3) lighting system color and These rules specify how pilots should would allow the operator to become position; (4) lighting system installation; respond to other NAS users based on familiar with the area of operation and and (5) lighting system configuration.53 the types of aircraft or the operational to create contingency plans for using the This level of regulation and scenario. environment in that area to mitigate the airworthiness certification would be The operation of small UAS presents risk associated with possible loss of beyond the level of a minimally challenges to the application of the positive control. For example, the burdensome rule encompassing low-risk operator could mitigate loss-of-control 54 See 14 CFR 91.115. risk to people on the ground by setting 53 See 14 CFRs 23.1381 through 23.1401. 55 14 CFR 101.13(a)(3). up a perimeter and excluding people

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not involved with the operation from contact with the aircraft with the radius would make an exception for water- the operational area. The operator could of that circle being limited to the borne vehicles. This is because there are also mitigate risk to other aircraft by farthest distance at which the person far less people and property located notifying the local air traffic control of can see the aircraft sufficiently to over water than on land. Consequently, the small UAS operation and the maintain compliance with proposed a loss of positive control that occurs location of the confined area in which § 107.31. over water would have a significantly that operation will take place. As a The FAA notes that there are two smaller chance of injuring a person or result of risk-mitigation options that are issues with defining the horizontal damaging property than a loss of available to the operator in a confined boundary of the area of operation in this positive control that occurs over land. area of operation, the FAA proposes to manner. First, a small UAS operation Allowing use of a small UAS from a mitigate the risk associated with loss of could use multiple visual observers to water-borne vehicle would also increase aircraft control by confining small expand the outer bounds of the the societal benefits of this proposed unmanned aircraft to a limited area of horizontal circle created by the visual- rule without sacrificing safety by operation. line-of-sight requirement. To address incorporating small UAS operations As an alternative method of this issue, the FAA proposes to require, such as bridge inspections and wildlife addressing this issue, the FAA in § 107.33(c), that if an operation uses nesting area evaluations into the NAS. considered technological approaches a visual observer, the small unmanned The FAA is considering alternatives such as requiring a flight termination aircraft must remain close enough to the for regulation of the operation of small system that would automatically operator at all times during flight for the UAS from moving land vehicles, while terminate the flight of the small operator to be capable of seeing the protecting safety. It invites comments, unmanned aircraft if the operator lost aircraft with vision unaided by any with supporting documentation, on positive control of that aircraft. device other than corrective lenses. This whether small UAS operations should However, as previously discussed, due approach would prevent the use of be permitted from moving land-based to the size and weight of a small UAS, visual observers to expand the vehicles, and invites comment on a operations subject to this proposed rule horizontal outer bounds of the confined regulatory framework for such would not pose the same level of risk as area of operation. This approach would operations. The FAA specifically invites other operations regulated by the FAA. also create a safety-beneficial comments as to whether distinctions Since small UAS operations subject to redundancy in that, while the operator could be drawn between different types this rule pose a lower level of risk, there is not required to look at the small of land-based vehicles or operating are operational alternatives available to unmanned aircraft in an operation that environments such that certain mitigate their risk to an acceptable level uses a visual observer, should operations from moving land-based without imposing an FAA requirement something go wrong, the operator would vehicles could be conducted safely. The for technological equipage and be able to look up and see for him- or FAA also invites comments on whether airworthiness certification herself what is happening with the deviation authority should be included requirements. Therefore, this proposed aircraft. in the final rule to accommodate these rule would not mandate the use of a As an alternative method of types of operations. flight termination system nor would this addressing this issue, the FAA Next, we turn to the vertical boundary proposed rule mandate the equipage of considered imposing a numerical limit of the confined area of operation. With any other navigational aid technology. on how far away a small unmanned regard to the vertical boundary, the FAA Instead, the FAA invites comments on aircraft can be from the operator. The proposes, in § 107.51(b), to set an whether a flight termination system or FAA ultimately decided not to propose altitude ceiling of 500 feet above ground other technological equipage should be this approach, as it currently lacks level (AGL) for small UAS operations required and how it would be integrated sufficient data to designate a specific that would be subject to this proposed into the aircraft for small UAS that numerical limit. However, the FAA rule. The FAA chose to propose 500 feet would be subject to this proposed rule. invites comments on whether the as the vertical area-of-operation The FAA also invites comments, with horizontal boundary of the contained boundary because most manned aircraft supporting documentation, as to the area of operation should be defined operations take place above 500 feet. costs and benefits of requiring a flight through a numerical limit. If the Specifically, most manned aircraft termination system or other boundary is defined through a operations conducted over uncongested technological equipage. numerical limit, what should that limit areas must be flown at an altitude above be? 500 feet AGL, while most manned i. Confined Area of Operation The second way that the horizontal aircraft operations conducted over Boundaries boundary of the confined operational congested areas must be flown at an The FAA notes that the proposed area could be expanded is by stationing even higher altitude.57 Thus, a 500-foot visual-line-of-sight requirement in the operator on a moving vehicle or altitude ceiling for small UAS § 107.31 would create a natural aircraft. If the operator is stationed on a operations would create a buffer horizontal boundary on the area of moving vehicle, then the horizontal between a small unmanned aircraft and operation. Due to the distance area-of-operation boundary tied to the most manned aircraft flying in the NAS. limitations of human vision, the operator’s line of sight would move with The FAA notes that while most operator or visual observer would be the operator, thus increasing the size of manned aircraft operations fly above the unable to maintain visual line of sight the small unmanned aircraft’s area of 500-foot ceiling proposed in this rule, of the small unmanned aircraft operation. To prevent this scenario, the there are some manned-aircraft sufficient to satisfy proposed § 107.31 if FAA proposes, in § 107.25, consistent operations that could fly below this the aircraft travels too far away from with the ARC recommendations,56 to altitude. For example, aerial applicators, them. Accordingly, the proposed visual- prohibit the operation of a small UAS helicopter air ambulance services, and line-of-sight requirement in proposed from a moving aircraft or land-borne military operations conducted on § 107.31 would effectively confine the vehicle. However, proposed § 107.25 military training routes often fly at an horizontal area of operation to a circle around the person maintaining visual 56 ARC report and recommendations, Sec. 6.11 57 See 14 CFR 91.119(b) and (c).

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altitude below 500 feet. However, even create operational and aircraft-specific consequences of loss-of-positive-control though some manned aircraft operations loss-of-control mitigation measures. is that the aircraft will immediately take place at an altitude below 500 feet, The broadly applicable constraints crash into the ground upon loss of there is significantly less air traffic at or that the FAA proposes to impose on a control inputs from the operator. below 500 feet than there is above 500 small UAS operator’s risk-mitigation Because a loss of positive control can feet altitude. As a result of this decisions are as follows. First, the FAA happen at any moment, the FAA’s difference in air-traffic density, the FAA proposes to require, in § 107.49(a)(3), proposed prohibition on operating small has determined that small UAS that prior to flight, the operator must unmanned aircraft over most persons operations would not pose a significant ensure that all links between the control will minimize the risk that a person is risk to manned aircraft operations taking station and the small unmanned aircraft standing under a small unmanned place below 500 feet altitude if proper are working properly. The operator can aircraft if that aircraft terminates flight precautions are taken by the small UAS do this by verifying control inputs from and returns to the surface. This operator. the control station to the servo prohibition would not apply to persons The FAA also considered whether the actuators 58 in the small unmanned inside or underneath a covered structure vertical boundary should be set at a aircraft. If the operator finds, during this that would protect the person from a higher level. However, because most preflight check, that a control link is not falling small unmanned aircraft. manned-aircraft operations transit the functioning properly, the operator The FAA’s proposed prohibition on airspace above the 500-foot level, UAS would not commence flight until the operating over people would provide an operations at that altitude would likely problem with the control link is exception for persons directly require greater levels of operator resolved. This proposed constraint participating in the operation of the training, aircraft equipage, and some would significantly mitigate the risk of small unmanned aircraft. The FAA type of aircraft certification in order to a loss-of-positive-control scenario by considered prohibiting the operation of avoid endangering other users of the reducing the possibility that small a small unmanned aircraft over any NAS. Since these provisions would be unmanned aircraft flight commences person, but rejected this approach as contrary to the goal of this rulemaking, with a malfunctioning control link. unduly burdensome because the which is to regulate the lowest-risk Second, the FAA proposes to impose operator or visual observer may, at some small UAS operations while imposing a a speed limit of 87 knots (100 miles per points of the operation, need to stand minimal regulatory burden on those hour) on small unmanned aircraft under the small unmanned aircraft in operations, this proposed rule would calibrated airspeed at full power in level order to maintain visual line of sight not allow small UAS to travel higher flight. This is because, if there is a loss and/or comply with other provisions of than 500 feet AGL. The FAA invites of positive control, an aircraft traveling this proposed rule. As an alternative to comments, with supporting at a high speed poses a higher risk to prohibiting these persons from standing documentation, on whether this persons, property, and other aircraft under the small unmanned aircraft, the proposed 500-foot ceiling should be than an aircraft traveling at a lower FAA proposes, in § 107.49(a)(2), that raised or lowered. speed. A speed limit would also have prior to flight, the operator must ensure that all persons directly involved in the ii. Mitigating Loss-of-Positive-Control safety benefits outside of a loss-of- small unmanned aircraft operation Risk positive-control scenario because a receive a briefing that includes Now that we have defined the small unmanned aircraft traveling at a lower speed is generally easier to operating conditions, emergency confined area of operation, we turn to procedures, contingency procedures, control than a higher-speed aircraft. the question of how loss-of-positive- roles and responsibilities, and potential In determining the specific speed control risk can be mitigated within that hazards. A person is directly involved limit, the FAA decided to propose 87 area of operation. The FAA notes that in the operation when his or her knots (100 mph) as the limit. This there is significant diversity in both the involvement is necessary for the safe proposed speed limit is based on the types of small UAS that are available operation of the small unmanned ARC recommendation of a 100 mph and the types of operations that those aircraft. By receiving a pre-flight speed limit for small UAS operations. small UAS can be used in. Accordingly, briefing on the details of the operation The ARC determined that ‘‘aircraft small UAS operators need significant and the hazards involved, the persons flying faster than 100 mph are flexibility to mitigate hazards posed by involved in the operation would be their individual small UAS operation, as considered a high performance aircraft’’ made aware of the small unmanned a mitigation method that works well for that ‘‘are perceived as having greater 59 aircraft’s location at all times and would one type of small UAS used in one type risks.’’ Accordingly, the FAA be able to avoid the flight path of the of operation may not work as well in proposes to limit the speed of small small unmanned aircraft if the operator another operation that uses another type unmanned aircraft to 87 knots (100 were to lose control or the aircraft were of small UAS. For example, in a loss-of- mph). The FAA invites comments on to experience a mechanical failure. positive-control situation, a rotorcraft whether this speed limit should be Within these constraints, the FAA that loses operator inputs or power to its raised or lowered or whether a speed proposes the following performance- control systems would tend to descend limit is necessary. based standards for mitigating loss-of- straight down or at a slight angle while Third, the FAA proposes, in § 107.39, positive-control risk. First, the FAA a fixed wing aircraft would glide for a to prohibit the operation of a small proposes, in § 107.49(a)(1), that, prior to greater distance before landing. Since unmanned aircraft over a person who is flight, the operator must become the loss-of-positive-control risk posed not directly participating in the familiar with the confined area of by different types of small unmanned operation of that small unmanned operation by assessing the operating aircraft in various operations is aircraft. One of the possible environment and assessing risks to different, the FAA proposes to create a persons and property in the immediate performance-based standard under 58 A ‘‘servo actuator’’ is generally defined as a vicinity both on the surface and in the device used to provide a wide range of remote which, subject to certain broadly- movement based on signals from the system on air. As part of this preflight assessment, applicable constraints, small UAS which it is used. the operator would need to consider operators would have the flexibility to 59 ARC Report, p. 20, section 6.12. conditions that could pose a hazard to

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the operation of the small UAS as well operator employs under this proposed The FAA believes that restricting use as conditions in which the operation of rule, the operator must strive to always of controlled airspace to approved the small UAS could pose a hazard to maintain positive control of the small operations would reduce the risk of other aircraft or persons or property on unmanned aircraft. The operator would interference with other aircraft the ground. Accordingly, the FAA be in violation of proposed § 107.19(b) activities. Interference could occur for proposes to require that the preflight if he or she intentionally operates the many reasons, including the location of assessment include the consideration of: small unmanned aircraft in a location the proposed small UAS operation in (1) Local weather conditions; (2) local where he or she will not have positive the airspace, or how the small airspace and any flight restrictions; (3) control over that aircraft. unmanned aircraft would behave if the location of persons and property on there is a loss of positive control. These the ground; and (4) any other ground 5. Limitations on Operations in Certain limitations would also be consistent hazards. Airspace with the general requirement for aircraft Second, the FAA proposes that, after This proposed rule would place operating in controlled airspace to have becoming familiar with the confined limitations small UAS operations in ATC approval prior to entering the area of operation and conducting a three areas related to airspace: (1) airspace. Therefore, the FAA proposes preflight assessment, the operator be Controlled airspace (airspace other than that small UAS receive approval from required, by § 107.19(b), to ensure that Class G); (2) prohibited or restricted the ATC facility with jurisdiction over the small unmanned aircraft will pose airspace; and (3) airspace where the airspace in which the operator no undue hazard to other aircraft, aviation activity is limited by a Notice would like to conduct operations. That people, or property in the event of a loss to Airmen (NOTAM). The FAA is ATC facility would have the best of control of the aircraft for any reason. proposing these requirements to reduce understanding of local airspace, its This proposed requirement would the threat to other users of the NAS in usage, and traffic patterns and would be provide the operator with significant busy airspace or where most or all in the best position to ascertain whether flexibility to choose how to mitigate the aviation activities would otherwise be the proposed small UAS operation hazards associated with loss of aircraft limited. would pose a hazard to other users or control. For example, in addition to the the efficiency of the airspace, and examples mentioned previously, if the i. Controlled Airspace procedures to implement to mitigate operation takes place in a residential The FAA is seeking to limit the hazards. This proposed rule would not area, the operator could ask everyone in exposure of the small unmanned aircraft establish equipment requirements for the area of operation to remain inside to other users of the NAS to minimize small UAS operating in controlled their homes while the operation is the risk of collision, which can occur airspace as the FAA does for other users conducted.60 If the operation takes place both during controlled flight of the UAS of controlled airspace. Rather, the FAA in an area where other air traffic could believes that local ATC approval would or if the operator loses positive control pose a hazard, the operator would provide a safer and more efficient of the small unmanned aircraft. This advise local air traffic control as to the operating environment at less cost to the proposed rule would prohibit small location of his or her area of operation operator. and add extra visual observers to the unmanned aircraft operations in Class A The FAA notes that normal aircraft operation so that they can notify the airspace. Class A airspace starts at operations inside controlled airspace in operator if other aircraft are approaching 18,000 feet mean sea level and extends the vicinity of an airport require prior the area of operation. up to 60,000 feet (Flight Level 600). As authorization from ATC. Per part 91, The above are just some examples of discussed above, this rule would ATC currently requires two-way radio mitigation strategies that could be prohibit small UAS operations above communication for departures, through employed by the operator to ensure that 500 feet AGL and outside of visual line flights, arrivals, and operations inside the small unmanned aircraft will pose of sight. Operations in Class A airspace the airspace. The FAA understands that no hazard to other aircraft, people or would be inconsistent with that not all small UAS will be able to comply property in the event of lost positive requirement, and therefore this with the provisions of part 91, and that control. These examples are not proposed rule would prohibit is why this proposed rule would not intended to provide an exhaustive list, operations in Class A airspace. require strict compliance with part 91. as there are different ways to mitigate Small UAS operations would also be However, because the air-traffic loss of positive control. The proposed prohibited in Class B, Class C, Class D, provisions of part 91 are intended to requirement in § 107.19(b) would and within the lateral boundaries of the ensure safe operation in the NAS, a provide the operator with the flexibility surface area of Class E airspace small UAS operator that intends to to choose which mitigation method is designated for an airport without prior operate in controlled airspace must appropriate for his/her specific authorization from the ATC facility ensure that the proposed operations are operation to ensure any hazards posed having jurisdiction over the airspace. planned and conducted in the safest by loss of positive aircraft control are The FAA factors information such as manner possible. The small UAS sufficiently mitigated. The FAA also traffic density, the nature of operations, operator can do this by working closely anticipates creating guidance that and the level of safety required when with the ATC facility that controls the provides additional examples of how determining whether to designate airspace. operators can mitigate loss of positive controlled airspace.61 Pilots must have The ATC facility has the authority to control in small UAS operations. an ATC clearance to enter certain approve or deny aircraft operations However, the FAA emphasizes that no controlled airspace. In other words, the based on traffic density, controller matter what mitigation option(s) the FAA requires ATC to have knowledge of workload, communication issues, or any aviation operations in the airspace due other type of operations that could 60 The FAA notes that this proposed requirement to the greater amount of activity in that potentially impact the safe and would not require people not involved with the area compared to uncontrolled airspace. expeditious flow of air traffic in that operation to comply with the operator’s warnings. The operator would simply be unable to commence airspace. The more that a small UAS is the operation until the pertinent area has been 61 See FAA Aeronautical Information Manual, able to show that it would satisfy the made safe for operation. Para. 3–1–1. provisions of part 91 and comply with

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the local operating procedures, the NOTAMs are available to the public on considered several approaches, easier the access to the airspace would the FAA’s Web site.66 including requiring small UAS be. These items should be outlined in a Like other users of the airspace, small operators to comply with the existing prior agreement with the ATC facility to UAS operators would be required to inspection and maintenance identify shortfalls and establish review and comply with NOTAMs. As requirements of this chapter. The FAA operating procedures for small UAS to with other airspace restrictions in this also considered requiring a separate integrate into the existing air traffic rule, an operator could seek permit to operate (PTO) in addition to operation. This agreement would ensure authorization from ATC or through a aircraft registration and airman all parties involved are aware of certificate of waiver or authorization to certification. A PTO would have limitations and special interest items conduct operations in otherwise included airworthiness certification and would enable the safe flow of restricted airspace. The FAA believes requirements that would have required aircraft operations in that airspace. The that this process would permit an an applicant to: FAA seeks comments related to part 91 assessment of the operation in relation • Describe the entire small UAS, compliance issues small UAS operators to the airspace restriction to determine including airframe, control station, and may encounter. whether the operation can be safely communications link; conducted. • Comply with a set of unvalidated ii. Prohibited or Restricted Areas consensus standards; 6. Airworthiness, Inspection, • Test the design features required by The proposed rule would prohibit Maintenance, and Airworthiness the unvalidated consensus standards small UAS operations in prohibited and Directives and determine that the UAS satisfies restricted areas without permission from i. Inspections and Maintenance those standards; the using or controlling agency as • Inspect the aircraft for compliance As discussed in section III.J.3 of this applicable. Prohibited and restricted with the manufacturer’s requirements; preamble, pursuant to section 333(b)(2) areas are designated in 14 CFR part 73. • Determine whether the aircraft has of Public Law 112–95, we have Prohibited areas are established when been manufactured in compliance with determined that a small UAS should not necessary to prohibit flight over an area unvalidated production acceptance and be required to obtain airworthiness on the surface in the interest of national quality assurance consensus standards certification if satisfying the provisions security or welfare. No person may acceptable to the FAA; operate an aircraft without permission of this proposal. However, without an • Complete ground and flight testing of the using agency in a prohibited airworthiness certification process, the of required UAS components and area.62 Restricted areas are areas FAA still needs to ensure that a small determine whether they demonstrated established when determined necessary UAS is in a condition for safe operation. acceptable performance and safe to confine or segregate activities In considering how to address this operation. considered hazardous to non- issue, the FAA notes that the current • Create a process for addressing participating aircraft. Although aircraft regulations applicable to manned civil unsafe conditions in the aircraft; and flight is not wholly prohibited in these aircraft generally require an annual • Create a monitoring program to areas, it is subject to restriction.63 The aircraft inspection every 12 months.67 identify and correct safety-of-flight proposed provision concerning The inspection and any maintenance issues. prohibited and restricted areas would be that might be necessary as a result of the After further consideration, the FAA similar to the part 91 restriction on inspection currently are governed by the decided that neither of these approaches operations in these areas.64 provisions of 14 CFR part 43. Part 43 is proportionate to the risk posed by requires that the inspection examine small UAS. FAA noted that, as iii. Areas Designated by Notice to every component of the aircraft in detail mentioned previously, due to their light Airmen to determine whether any hazardous weight, small unmanned aircraft characteristics are present that would This proposed rule would also generally pose a significantly lower risk render the aircraft unairworthy.68 If the prohibit operation of small UAS in to people and property on the ground inspection reveals any hazardous airspace restricted by NOTAMs unless than manned aircraft. This relatively characteristics that would render the authorized by ATC or a certificate of low risk is mitigated even further by the aircraft unairworthy, then maintenance, waiver or authorization. This would see-and-avoid and loss-of-positive- conducted pursuant to the regulations of include NOTAMs issued to designate a control provisions of this proposed rule, part 43, must be performed in order to temporary flight restriction (TFR). which are discussed above. return the aircraft to an airworthy NOTAMs contain time-critical Accordingly, based on existing condition. aeronautical information that is either information, the FAA believes that In addressing the issue of requiring small UAS operators to temporary in nature, or not sufficiently airworthiness for small UAS, the FAA known in advance to permit publication conduct inspection and maintenance of the small UAS pursuant to the existing on aeronautical charts or other 66 See, e.g., https://www.notams.faa.gov/ 65 regulations of part 43, or to obtain a publications. For example, NOTAMs dinsQueryWeb/ and http://www.faa.gov/pilots/flt_ may be used to limit or restrict aircraft plan/notams/. PTO, would not result in significant operations during emergency situations 67 See 14 CFR 91.609. Different components of the safety benefits. As a result, this or presidential or VIP movements. They aircraft are also currently subject to additional proposed rule would not require small component-specific inspection schedules. For may also be used to limit aircraft UAS compliance with part 43 or the example, in addition to the above general application for, or issuance of, a PTO. operations in the vicinity of aerial inspection requirements, altimeter instruments on demonstrations or sporting events. airplanes and helicopters operating in controlled Instead, this proposed rule would airspace under instrument flight rules must be require, in § 107.21(b), that prior to each inspected every 24 months. See 14 CFR flight, the operator must inspect the 62 See 14 CFR 1.1. 91.411(a)(1). small UAS to ensure that it is in a 63 See id. 68 See 14 CFR part 43, Appendix D (listing aircraft 64 See 14 CFR 91.133. components that must be inspected and the condition for safe operation. The 65 See FAA Aeronautical Information Manual, hazardous characteristics that the inspection should operator could do this by, for example, para. 5–1–3. look for). performing a manufacturer-

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recommended preflight inspection or type design. Airworthiness directives ensure that a small UAS is not operated performing an on-the-ground test of the currently are issued for engines, in a hazardous manner. small UAS to determine whether safety- propellers, and other products that are ii. Drug and Alcohol Prohibition critical systems and components are either: (1) Approved under a type working properly. certificate or a supplemental type Proposed § 107.27 would require If, as a result of the inspection, the certificate; or (2) that are manufactured small UAS operators and visual operator determines that the small UAS under a production certificate, a parts observers to comply with the alcohol is no longer in a condition for safe manufacturer approval (PMA), or and drug use prohibitions that are operation, then proposed §§ 107.21(a) technical standard order (TSO) currently in place in part 91 of the and 107.15(a) would prohibit the authorization. FAA’s regulations. Small UAS operators operation of the small UAS until the As discussed in section III.J of this and visual observers would also be necessary maintenance has been made preamble, the FAA does not propose to subject to the existing regulations of and the small UAS is once again in a require a type certificate, a production § 91.19, which prohibit knowingly condition for safe operation. First, certificate, a PMA or TSO authorization carrying narcotic drugs, marijuana, and proposed § 107.21(a) would require that for small UAS or any part installed on depressant or stimulant drugs or the operator must maintain the small the small UAS. However, to provide substances. UAS in a condition for safe operation. manufacturers with flexibility, The purpose of these regulations is to An example of how the operator could manufacturers would not be prohibited ensure that the safety of small UAS satisfy this proposed requirement would from installing parts that are FAA- operations are not impeded by alcohol be performing the manufacturer’s certificated, have received PMA, or are or drug use and to prohibit the use of recommended maintenance at TSO-authorized for manned-aircraft use aircraft for drug trafficking. Section manufacturer-recommended regular on the small UAS, provided the small 91.17 specifically prohibits use of intervals. Second, § 107.15(a) would unmanned aircraft remains under 55 alcohol or drugs during or for a time prohibit a person from operating a small pounds after the installation of the part. period prior to an operation. Moreover, UAS unless that UAS is in a condition The FAA anticipates that some operators and visual observers would for safe operation. Thus, if an operator manufacturers may choose to use these need to submit to testing to determine notices during inspection, maintenance, parts on the small UAS in order to alcohol concentration in the blood due or preflight action, that the small UAS obtain a higher level of reliability to a suspected violation of law or is not in a condition for safe operation, associated with a certificate, approval, § 91.17. Operators or visual observers then the operator would be in violation or authorization. would be required to submit these tests of § 107.15(a) if he or she flies the small However, because parts that are FAA- to the FAA if the FAA has a reasonable unmanned aircraft while the UAS is not certificated, have received PMA, or are basis to believe that the person has in a condition safe for operation. TSO-authorized may have airworthiness violated § 91.17. The FAA also notes that a small UAS directives that are applicable to those This section would also subject that appears to be in a condition for safe parts, the FAA proposes to require, in persons operating small UAS who operation prior to flight may become § 107.13(d), that the owner or operator knowingly carry illegal substances to unsafe for operation during flight. For of the small UAS must comply with all FAA enforcement action, which could example, the small unmanned aircraft applicable airworthiness directives. The include certificate revocation. An could sustain damage during flight FAA notes that it used a similar exception exists for substances rendering that aircraft unsafe for approach in its 2004 light-sport aircraft authorized by or under any Federal or continuing the flight. As such, this rulemaking. In that rulemaking, the State statute or by any Federal or State proposed rule would require, in FAA did not require a type or Agency. § 107.15(b), that the operator must production certificate for light-sport iii. Medical Conditions discontinue the flight of the small aircraft but allowed the installation on unmanned aircraft when he or she the aircraft of parts that are FAA- As discussed in section III.E of this knows or has reason to know that certificated, have received PMA, or are preamble, this proposed rule would not continuing the flight would pose a TSO-authorized as long as the owner or require a small UAS operator or visual hazard to other aircraft, people, or operator complied with all applicable observer to hold an airman medical property. This proposed requirement is airworthiness directives.69 certificate. However, the FAA similar to a requirement that currently recognizes the possibility that a person exists in § 91.7(b), which requires the 7. Miscellaneous Operating Provisions acting as an operator or visual observer PIC to ‘‘discontinue the flight [of an i. Careless or Reckless Operation may have a medical condition that could interfere with the safe operation aircraft] when unairworthy mechanical, The existing FAA regulations prohibit of the small UAS. Accordingly, the FAA electrical, or structural conditions a person from operating an aircraft in a proposes, in § 107.17, to prohibit a occur.’’ careless or reckless manner so as to The FAA invites comments on the person from acting as an operator or endanger the life or property of issues discussed in this section. The visual observer if he or she knows or has another.70 These regulations also FAA also invites comments as to the reason to know of any physical or prohibit the PIC from allowing any costs and benefits of requiring small mental condition that would interfere object to be dropped from an aircraft in UAS operators to perform maintenance with the safe operation of a small UAS. flight if doing so would create a hazard and inspections pursuant to existing This proposed provision is similar to to persons or property.71 The FAA regulations. the regulatory provision of 14 CFR proposes to apply similar regulations to 61.53(b), which currently applies to ii. Airworthiness Directives small UAS operations, in § 107.23 to operations that do not require a medical The FAA typically issues 69 certificate. airworthiness directives to correct an Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft Final Rule, 69 FR iv. Sufficient Power for the Small UAS existing unsafe condition in a product 44772, 44855 (July 27, 2004). when the condition is likely to exist or 70 14 CFR 91.13(a). Proposed § 107.49(a)(4) would require develop in other products of the same 71 14 CFR 91.15. a small UAS operator to ensure that, if

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powered, the small UAS has enough activities. The FAA is proposing to issue proposal to create a new category of power to operate for its intended a new type of certificate for UAS airman certificate for small UAS operational time and an additional five operators, rather than require a private operators. minutes. The 5-minute buffer would or commercial pilot certificate with 2. Unmanned Aircraft Operator ensure that the small UAS has sufficient UAS type rating, because many of the Certificate—Eligibility & Issuance power to return to the operator, or requirements for private and another location, and be able to make a commercial pilots are not necessary for This rule would establish the controlled landing. Additionally, the types of operations that would be eligibility requirements to apply for an control inputs to a small UAS may permitted under this rule. unmanned aircraft operator certificate degrade as batteries lose charge because Moreover, the FAA wants to maintain with a small UAS rating and specify power to the flight control system(s) a distinction between an unmanned when a certificate would be issued. may be lost. Accordingly this proposed aircraft operator certificate and the Military and former military pilots rule would help to ensure that the small airman certificates issued under parts would be able to apply based on UAS remains controllable throughout its 61, 63 and 65.75 As such, proposed experience operating unmanned aircraft intended operational time. The FAA § 61.8 would prohibit activities under in the United States Armed Forces. notes that a small UAS travelling at 10 this rule from being used to meet part i. Minimum Age miles per hour would be able to cover 61 requirements. Activities would nearly one mile in 5 minutes. include any training, certification, or Proposed § 107.61 would establish the flights associated with small UAS under eligibility requirements for an v. Registration and Marking proposed part 107. This proposal is unmanned aircraft operator certificate As mentioned earlier, the FAA’s consistent with the FAA’s statement in with a small UAS rating. First, an statute prohibits a person from the 2013 Pilot Certification and applicant would need to be at least 17 operating a civil aircraft that is not Qualification Requirements for Air years of age. This minimum age is registered.72 The FAA proposes to Carrier Operations Final Rule that consistent with existing FAA minimum codify this statutory requirement in ‘‘regulations do not currently permit the age requirements for the Sport Pilot, § 107.13(b). In addition, all aircraft time acquired while operating [a UAS] Recreational Pilot, and Private Pilot currently are required to display their to be logged to meet aeronautical airman certificates—the base-level registration number on the aircraft.73 experience requirements for FAA certificates authorizing pilots to operate The FAA proposes to impose a similar [manned-aircraft] certification.’’ 76 aircraft while not under the supervision requirement, in § 107.13(c), on small Additionally, that rule did not extend of an instructor. Because this rule would unmanned aircraft subject to this an exception from a flight time standard permit commercial small UAS proposed rule. The specific manner in to graduates of training programs operations, the FAA considered setting which the small unmanned aircraft designed to qualify a military pilot the minimum age at 18 years, consistent would register and display its solely for operation of UAS to qualify with the Commercial Pilot Certificate registration number is discussed in for a reduced flight time.77 requirements which permit carrying section III.G of this preamble. The FAA considered proposing to persons or property for compensation or require an individual to obtain a E. Operator Certificate hire. However, the FAA determined that commercial pilot certificate with a UAS the higher age limit was not necessary As discussed earlier in this preamble, type endorsement before operating a because the proposed operational the FAA proposes to satisfy the small UAS. Issuance of such a certificate limitations will create an environment statutory requirement for an airman to would require that the applicant obtain that minimizes risk to persons and 74 possess an airman certificate by a Class II airman medical certificate, property. requiring small UAS operators to obtain pass an aeronautical knowledge test, The FAA notes that the minimum age and hold an unmanned aircraft operator and demonstrate flight proficiency and necessary to apply for an airman certificate with a small UAS rating in aeronautical experience with a certificate to operate a glider or a order to operate a small UAS. An certificated flight instructor. However, balloon category aircraft is 16 years old. unmanned aircraft operator certificate given the lower level of public risk The FAA invites comments on whether would be a new type of airman posed by small UAS operations, the the minimum age necessary to apply for certificate created by this proposed rule, FAA decided that imposing such an unmanned aircraft operator and this section explains the FAA’s requirements would be unduly certificate should similarly be reduced proposal concerning this certificate. burdensome to small UAS operators. to 16 years old in the final rule. The 1. Applicability Moreover, as explained in further detail FAA also invites comments as to in preamble section III.E.2.iii.a below, The FAA is proposing to require that whether reducing the minimum the FAA believes that the training, applicant age to 16 years old would individuals obtain an unmanned aircraft testing, proficiency and experience operator certificate with a small UAS further enable academic use of small requirements for obtaining a commercial UAS. rating as a prerequisite to operating a pilot license have limited relevance to small UAS. As with airman certificates the nature of small UAS operations. The ii. English Language Proficiency that the FAA requires for operating FAA invites public comment on its other aircraft, an operator certificate A person would need to be able to would ensure that the operator is able read, speak, write and understand the 75 Parts 61, 63, and 65 currently apply to all English language to be eligible for an to safely operate the small UAS. The airman certificates, which include small UAS FAA notes that airman certificates are airmen. However, under this proposed rule, these unmanned aircraft operator certificate currently issued to pilots who engage in parts would no longer apply to small UAS airmen. with a small UAS rating. This commercial and non-commercial Thus, the distinction discussed in this paragraph requirement is consistent with all other would segregate experience acquired while airman certificates issued by the FAA.78 operating a small UAS from experience acquired 72 49 U.S.C. 44101(a). while operating a manned aircraft. The English language has generally been 73 See 14 CFR part 45. 76 78 FR 42324 (July 15, 2013). 74 49 U.S.C. 44711(a)(2)(A). 77 Id. 78 See, e.g., 14 CFR 61.83(c).

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accepted as the international standard operations because if a small unmanned still be able to easily land the aircraft. for aircraft operations by ICAO. aircraft was to crash, there would be no For instance, in the two-joystick control However, this proposed rule would one on board the aircraft to be harmed station example provided above, the create an exception for people who are by that crash. The second consideration operator could land a small unmanned unable to meet one of the English for these requirements (to prevent harm rotorcraft simply by pressing the language requirements due to medical to people on the ground) is addressed by altitude joystick down until the reasons, as is the case for other airman the operating requirements of this rule, rotorcraft descends to the ground. By certificates. Such a person would still be which limit the operation of the small contrast, a manned aircraft pilot would eligible for a certificate; however, the unmanned aircraft to a confined area need to go through a significantly more FAA would be able to specify and require the operator to ensure that complex process that includes adjusting limitations on that person’s small UAS the aircraft will pose no hazard to aircraft attitude with flight controls, operator certificate to account for the people on the ground if there is a loss reducing engine power, and scanning medical condition. For example, if an of positive control. An operator does not for other traffic, in order to land the applicant is unable to communicate necessarily need special operating skills aircraft on the ground after takeoff. using speech then the FAA may impose or aeronautical experience to ensure There are two additional a limitation that the operator may not that the aircraft will not pose a hazard considerations for not requiring a flight conduct a small UAS operation to people on the ground. For example, proficiency demonstration or requiring more than one person. if an operator plans to fly the small aeronautical experience for small UAS operators. First, unlike the pilot of a iii. Pilot Qualification unmanned aircraft in a residential area, the operator could approach the people manned aircraft, the small UAS operator The third proposed requirement to who live in that area prior to the has the option to sacrifice the small obtain an unmanned aircraft operator operation, inform them of the details of unmanned aircraft in response to an certificate with a small UAS rating the operation, and ask them to either emergency. Second, as discussed would be to pass an initial aeronautical stay out of the area or stay indoors previously, proposed §§ 107.19(b) and knowledge test. To ensure that a pilot is during the operation. Doing this would 107.39 would require the operator to qualified to control an aircraft, the FAA ensure the safety of people on the control the confined area of operation in generally requires that the applicant for ground but would not require the use of order to ensure that the small a pilot certificate demonstrate the special operating skills or aeronautical unmanned aircraft will not pose a following three things: (1) Aeronautical experience. hazard to people on the ground in an knowledge; (2) flight proficiency (i.e. The third consideration for requiring emergency situation. Other operating that the applicant has the requisite a flight-proficiency demonstration and rules proposed in this NPRM, such as piloting skills); and (3) aeronautical aeronautical experience (to avoid the prohibition on operating within experience.79 For the reasons stated interference with other users of the restricted areas without permission, the below, the FAA has determined that a NAS) is mitigated by the fact that a requirement to give way to manned flight proficiency demonstration and small unmanned aircraft is generally: (1) aircraft, and the 500 feet AGL height aeronautical experience should not be Relatively easy to control; (2) highly limitation, would also mitigate the risk required for issuance of an unmanned maneuverable; and (3) much easier to that a small unmanned aircraft aircraft operator certificate with a small terminate flight than a manned aircraft. interferes with other users of the NAS UAS rating. Instead, the FAA proposes Specifically, the control station for a or poses a hazard to people on the to require that applicants for this small UAS is typically less complex ground. certificate simply demonstrate their than the interface used to control the Because the considerations aeronautical knowledge by passing an flight of a manned aircraft. Many small underlying the current flight proficiency initial knowledge test and then passing UAS control stations currently consist demonstration and aeronautical a recurrent knowledge test every 24 of a basic two-joystick interface where experience requirements have, at best, a months thereafter. one joystick controls the aircraft’s limited applicability to small UAS altitude and the other joystick controls operations that would be subject to this a. Flight Proficiency and Aeronautical the aircraft’s speed and direction. Other proposed rule, the FAA proposes not to Experience control stations utilize basic programs, require that applicants for an unmanned As mentioned in the previous such as smart-phone or tablet aircraft operator certificate with a small paragraph, the FAA currently requires applications, to control the small UAS rating demonstrate flight applicants for a pilot certificate to unmanned aircraft. These programs are proficiency or aeronautical experience. demonstrate that they have the requisite generally easy to learn and utilize. By The FAA invites comments on whether flight proficiency and aeronautical contrast, the flight deck interface used these applicants should be required to experience to properly control the flight to control a manned aircraft requires demonstrate flight proficiency and/or of an aircraft. These existing regulations coordinated use of flight control inputs, aeronautical experience. If so, what are intended to ensure that an aircraft interpretation of aircraft flight proficiency and/or aeronautical can take off safely and arrive back on instrumentation, and onboard experience requirements should the the ground: (1) With everyone on board equipment operation. Some of this FAA impose? The FAA also invites the aircraft unharmed; (2) without equipment includes communication and comments as to the costs and benefits of harming people on the ground; and (3) sophisticated navigation equipment. A imposing these requirements. without interfering with other users of manned-aircraft pilot must learn to b. Initial Aeronautical Knowledge Test the NAS. properly use all of these flight-deck- The first consideration for requiring a interface components in order to control Turning to the remaining component flight-proficiency demonstration and the flight of the manned aircraft. of airman certification (aeronautical aeronautical experience (to prevent In addition, because a small knowledge), the FAA proposes to possible harm to people on board the unmanned aircraft is highly require that applicants for an unmanned aircraft) does not apply to small UAS maneuverable and easy to land, an aircraft operator certificate with a small operator who finds the small unmanned UAS rating pass an initial knowledge 79 See, e.g., 14 CFR 61.105–61.109. aircraft to be difficult to control would test to demonstrate that they have

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sufficient aeronautical knowledge to Fourth, the initial knowledge test unmanned aircraft. Accordingly, the safely operate a small UAS. The FAA would test whether the applicant small UAS operator would need to proposes a knowledge test rather than a understands how to clear an obstacle understand the aeronautical decision- required training course in order to during flight. As discussed previously, making and judgment that manned- provide applicants with flexibility as to proposed § 107.37(b) prohibits a person aircraft pilots engage in so that he or she the method that they use to acquire from creating a collision hazard with, can anticipate how the manned aircraft aeronautical knowledge. For example, among other things, a ground structure. will react to the small unmanned some individuals who wish to become The proposed initial knowledge test aircraft. The small UAS operator would small UAS operators may also hold a would test whether the applicant also need to understand how to function pilot certificate, and those individuals understands what types of small in a team environment (this is known as would already have acquired extensive unmanned aircraft maneuvers would crew resource management) because aeronautical knowledge in order to create a collision hazard with a ground this proposed rule would permit the use obtain a pilot certificate. Other structure. of visual observers to assist the small individuals may be able to acquire the Fifth, the initial knowledge test would UAS operator and would place the necessary knowledge through self-study. test whether the applicant understands operator in charge of those observers. Still other individuals may choose to the effects of weather and Ninth, the proposed initial knowledge use a commercial training course micrometeorology (weather on a test would test the applicant’s designed to provide them with the localized and small scale) on small understanding of airport operations and knowledge necessary to pass the initial unmanned aircraft operation. radio communication procedures, knowledge test. In any case, passage of Knowledge of weather is necessary for which would include standard a knowledge test would ensure that the safe operation of a small unmanned terminology. While this proposed rule applicant has demonstrated the aircraft because, due to the light weight would limit small UAS operations in aeronautical knowledge necessary to of the small unmanned aircraft, weather the vicinity of an airport, there are some safely operate a small UAS regardless of could have a significant impact on the instances where these operations would how the applicant happened to acquire flight of that aircraft. For example, space be permitted. For example, this that knowledge. The FAA invites around buildings, smokestacks and proposed rule would allow a small comments as to whether other trees, which is safe during clear unmanned aircraft to operate in Class B, requirements, such as passage of an weather, could easily become hazardous C, or D airspace if the operator obtains FAA-approved training course, should in a windy situation. Accordingly, the prior ATC authorization. In order to be imposed either instead of or in proposed initial knowledge test would operate safely near an airport, the addition to the proposed knowledge test whether an applicant understands operator would need to have knowledge test. the effect that different types of weather of airport operations so that the small have on small unmanned aircraft unmanned aircraft does not interfere c. Areas of Knowledge Tested on the performance and how to react to that with those operations. The operator Initial Knowledge Test weather. The proposed knowledge test would also need to have knowledge of This proposed initial knowledge test would also test whether an applicant radio communication procedures so that would test the following areas of has knowledge of official sources that he the operator can communicate with knowledge. First, the knowledge test or she can use to obtain weather ATC. would test whether the applicant knows information and predictions in order to Lastly, the proposed initial knowledge the regulations applicable to small UAS plan the operation of the small UAS. test would test whether the applicant operations. By testing the applicant’s Sixth, the proposed knowledge test understands the physiological effects of knowledge of the applicable regulations, would test whether an applicant drugs and alcohol. Many prescription the proposed initial knowledge test understands how to calculate the weight and over-the-counter medications can would ensure that the applicant and balance of the small unmanned significantly reduce an individual’s understands what those regulations aircraft to determine impacts on cognitive ability to process and require and does not violate them performance. In order to operate safely, determine what is happening around through ignorance. operators need knowledge and him or her. Accordingly, an operator Second, the initial knowledge test understanding of some fundamental needs to understand how drugs and would test whether the applicant aircraft performance issues, which alcohol can impact his or her ability to understands how to determine the include load balancing and weight safely operate the small UAS. classification of specific airspace and distribution as well as available power The FAA invites comments on the what the requirements are for operating for the operation. proposed areas of knowledge to be in that airspace. To comply with the Seventh, the operator of a small UAS tested on the initial knowledge test. The proposed airspace operating may be presented with an emergency FAA also invites comments as to requirements, a small UAS operator situation during an operation. whether the initial knowledge test would need to know how to determine Accordingly, the proposed initial should test any other areas of the classification of the airspace in knowledge test would test whether the knowledge. If so, what additional areas which he or she would like to operate. applicant understands how to properly of knowledge should be tested? What Third, the initial knowledge test respond to an emergency. would be the costs and benefits of would test whether the applicant Eighth, the proposed initial testing these other areas of knowledge? understands flight restrictions affecting knowledge test would test the small unmanned aircraft operations. applicant’s understanding of d. Administration of the Initial The proposed initial knowledge test aeronautical decision-making/judgment Knowledge Test would test whether the applicant knows and crew resource management. Even Knowledge tests currently how to determine which areas are though this proposed rule would limit administered to prospective pilots prohibited, restricted, or subject to a the flight of a small unmanned aircraft under 14 CFR part 61 are created by the TFR in order to comply with the to operations at or below 500 feet AGL, FAA and administered by FAA- proposed flight restrictions in §§ 107.45 some manned aircraft will still operate approved knowledge testing centers. A and 107.47. in the same airspace as the small knowledge testing center is a private

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entity that has received FAA approval to airman certificate. The proposed Accordingly, the FAA has decided administer airman knowledge tests. requirements for proper identification against proceeding with an online test- These centers are all certificated and would be the same as the identification taking option. The FAA invites regularly evaluated to ensure that the requirements currently imposed on comments on whether the small UAS testing center meets FAA certification applicants who wish to take a aeronautical knowledge test should requirements. There are currently about knowledge test.81 Specifically, an have an option for online test-taking 650 knowledge testing center spread applicant’s identification would need to and, if so, what safeguards should be throughout the country. The FAA include the applicant’s: (1) Photograph; implemented to protect the integrity of proposes to apply its existing (2) signature; (3) date of birth, which the small UAS knowledge test, assure knowledge development and shows the applicant meets or will meet the FAA of the identity of the test taker, administration framework to knowledge the proposed age requirements for an and protect the test-taker’s PII that tests that would be administered to operator certificate; and (4) the would be provided online. The FAA prospective small UAS operators. Under applicant’s current residential address if also invites comment on different UAS this framework, the initial knowledge the permanent mailing address is a post testing location options that might test would be created by the FAA and office box number. provide the lowest cost option for administered by an FAA-approved Finally, proposed § 107.71 would individuals, while protecting the knowledge testing center. Just as it does address circumstances in which an integrity of the test and the information now, the FAA will specify the minimum applicant wishes to retake a knowledge provided as part of the test-taking grade necessary to pass the knowledge test after failure. To ensure that an process. test,80 and applicants who take the test applicant receives additional training will be issued an airman knowledge test after failing a knowledge test, the FAA e. Recurrent Aeronautical Knowledge report showing the results of the currently requires an applicant who Test knowledge test. fails a knowledge test to receive i. General Requirement and To ensure that the knowledge test is additional training from a flight Administration of the Recurrent properly administered, this proposed instructor and an endorsement from that Knowledge Test rule would also impose the following instructor indicating that the instructor The FAA also proposes to require requirements. First, proposed § 107.69 has determined that the applicant is small UAS operators to pass a recurrent would prohibit an applicant from now proficient to pass the test.82 aeronautical knowledge test after they cheating or engaging in unauthorized However, as discussed previously, this receive their operator certificate. The conduct during a knowledge test. This proposed rule would not require any FAA proposes this requirement because would include: (1) Copying or specific form of training or studying in this proposed rule would not require intentionally removing a knowledge order to pass a knowledge test. small UAS operators to regularly test; (2) giving a copy of a knowledge Accordingly, the FAA proposes to conduct small UAS operations, and test to another applicant or receiving a require that a person who fails a consequently, some operators may copy of the knowledge test from another knowledge test wait 14 calendar days conduct small UAS operations applicant; (3) giving or receiving before retaking the knowledge test. This infrequently and may not fully retain unauthorized assistance while the 14-day waiting period would provide some of the knowledge that they knowledge test is being administered; sufficient time for an applicant who acquired in order to pass the initial (4) taking any part of a knowledge test fails a knowledge test to obtain knowledge test. The FAA also notes that on behalf of another person; (5) being additional training of his or her choice. represented by or representing another The FAA also considered whether to even operators who regularly conduct person for a knowledge test; and (6) offer an option for the knowledge test to small UAS operations may not fully using any material not specifically be administered online. However, in retain pieces of knowledge that they do authorized by the FAA while taking a examining this approach the FAA not use during their regular operations. knowledge test. Cheating or engaging in ultimately determined that there would For example, a small UAS operator who unauthorized conduct during a be significant risk in the integrity of a conducts operations only in Class G knowledge test in violation of proposed knowledge test becoming compromised airspace may not retain the knowledge § 107.69 would be grounds for if that test was to be administered that he or she needs ATC authorization suspending or revoking the certificate or outside of a controlled environment. in order to conduct operations in Class denying an application for a certificate. This could be accomplished through B, C, or D airspace. Some aeronautical In addition, a person who engages in someone copying and circulating the knowledge that the small UAS operator unauthorized conduct would be test questions, using unauthorized learned for the initial knowledge test prohibited from applying for a materials to take the test, or even taking may also become outdated over time. certificate or taking a knowledge test for the test for another person. Using the Accordingly, the FAA proposes to a period of one year after the date of the identity of another person to take the require that the operator pass a unauthorized conduct. knowledge test may also allow an recurrent knowledge test every 24 Second, to ensure that the person applicant to manipulate the security months. The FAA proposes 24 months taking the knowledge test is correctly vetting procedures that take place once as the appropriate recurrent testing identified, proposed § 107.67 would the applicant’s identity is verified. frequency because that is the frequency require an applicant for a knowledge In addition, the FAA determined that of the recurrent flight review that pilots test to have proper identification at the it would be more difficult to safeguard currently complete under 14 CFR 61.56. time of the application. To ensure the personally identifiable information This requirement has been in place for correct identification, the applicant for (PII) of a test-taker that would be approximately 40 years. Based on the an unmanned aircraft operator collected online rather than in-person at FAA’s experience with the existing 24- certificate would have to have his or her a knowledge testing center. month flight review cycle, a recurrent identification verified in person just like knowledge test that is given every 24 any other applicant for an FAA-issued 81 The current knowledge-test identification months would ensure that the small requirements can be found at 14 CFR 61.35(a)(2). UAS operator properly maintains the 80 See 14 CFR 61.35(b). 82 14 CFR 61.49(a). pertinent aeronautical knowledge. The

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FAA invites comments on this proposed operators may not regularly encounter (TSA) pursuant to 49 U.S.C. 46111 to requirement. these issues in their regular operations. determine whether they pose a security The FAA also proposes that the Third, the recurrent knowledge test threat. An applicant will not be issued recurrent aeronautical knowledge test be would ensure that the operator has the an unmanned aircraft operator administered using the same framework latest knowledge concerning sources of certificate until the TSA determines that as the initial aeronautical knowledge weather and airport operations. This is the applicant will not pose a security test. Specifically, under this proposed because the official sources of weather threat. rule, the recurrent knowledge test could change over time. Market would be created by the FAA and turnover could also affect a change in v. Not Requiring an Airman Medical administered by FAA-approved airport operations as new airports are Certificate knowledge testing centers. An applicant built and old airports are demolished or The FAA also considered whether to would be required to have proper repurposed. The FAA notes that airports require an applicant seeking an identification in order to take the test, can also change their operations in unmanned aircraft operator certificate and he or she would be required to wait response to changes in operating with a small UAS rating to obtain an 14 days after failure before retaking the environment by, for example, changing airman medical certificate as part of the knowledge test. A certificate holder or the approaches that manned aircraft use application process. With certain applicant 83 would also be prohibited to line up for a landing. The recurrent exceptions, under 14 CFR part 61, the from cheating or engaging in knowledge test would ensure that the FAA currently requires an airman unauthorized conduct during the small UAS operator is familiar with the medical certificate for a student pilot recurrent knowledge test. latest sources of weather and the latest certificate, a recreational pilot Just as with the initial knowledge test, information concerning airport certificate, a private pilot certificate, a the FAA invites comments on whether operations. commercial pilot certificate, and an the small UAS recurrent aeronautical Fourth, the recurrent knowledge test airline transport pilot certificate.84 knowledge test should have an option would test the operator’s knowledge of Flight instructors are also required to for online test-taking and, if so, what emergency procedures, crew resource have a valid medical certificate when safeguards should be implemented to management, and aeronautical decision- required to act as pilot in command. protect the integrity of the small UAS making/judgment. A small UAS The primary reason for medical knowledge test, assure the FAA of the operator may not encounter any of these certification is to determine if the identity of the test taker, and protect the situations over a 24-month operating airman has a medical condition that is test-taker’s PII that would be provided period because: (1) An emergency likely to manifest as subtle or sudden online. situation may not present itself; (2) the incapacitation that could cause a pilot operator may be involved in operations to lose positive control of the aircraft, or ii. Recurrent Test Areas of Knowledge that do not use visual observers; and (3) impair the pilots ability to ‘‘see and Under this proposed rule, the the operator may be involved in avoid.’’ recurrent knowledge test would test the operations that do not take place in the The FAA has determined that following areas of knowledge. First, the vicinity of any manned aircraft. traditional FAA medical certification knowledge test would test the operator’s Accordingly, including these areas of may not be warranted for small UAS knowledge of the regulations that knowledge on the recurrent knowledge operators subject to this proposed rule govern small UAS operation to ensure test would ensure that the operator mainly because small UAS operators that his or her knowledge is up to date retains knowledge on these areas even if and visual observers are operating regarding all aspects of small UAS he or she does not regularly encounter within a ‘‘confined area of operation,’’ operations permitted under the them in his or her small UAS and subject to other operational certificate, as the operator may not operations. limitations, discussed previously in this encounter all of these aspects in his or preamble. This is because the proposed her regular operation. In the example iv. Issuance of an Unmanned Aircraft visual-line-of-sight requirement for the provided earlier, an operator who Operator Certificate with Small UAS operator and/or visual observer to be regularly conducts small UAS Rating able to see the aircraft’s direction and operations in Class G airspace may not Proposed § 107.63 specifies that the attitude of flight in the proposed rule is retain the knowledge concerning FAA will issue the certificate to an preferable to a vision standard. Even regulations governing operation in other airman eligible under § 107.61 if the with normal vision it is foreseeable that classes of airspace. airman submits an application a small unmanned aircraft may be so Second, the recurrent knowledge test including an airman knowledge test small that the operational space must be would test the operator’s knowledge of report showing that he or she passed the reduced to meet the operational airspace classification and operating initial aeronautical knowledge test requirements proposed in this rule. As requirements, obstacle clearance required for the certificate. The such, prescriptive medical standards requirements, and flight restrictions. certificate will not have an expiration may not be as critical as they are for This is because: (1) Airspace that the date, and once issued, it will remain individuals exercising pilot privileges operator is familiar with could become valid until surrendered, suspended, or and therefore are not proposed under reclassified over time; (2) the location of revoked. The FAA invites comments as this action. existing flight restrictions could change to whether this certificate should expire Rather, the FAA is proposing that over time; (3) new ground-based after a certain period of time. If so, when operators self-certify, at the time of their obstacles could be created as a result of should the certificate expire? airman application, that they do not new construction; and (4) some The method of submission of the have a medical condition that could application is discussed further in interfere with the safe operation of a 83 As discussed in more detail further in the section III.E.5.i of this preamble. The small UAS. As proposed in § 107.61(d), preamble, proposed § 107.75 would allow military FAA notes that, as discussed in that an applicant for an unmanned aircraft or former military UAS operator applicants to take the recurrent test instead of the initial test in order section, all applicants for an airman operator certificate with a small UAS to obtain an FAA-issued unmanned aircraft certificate will be vetted by the operator certificate. Transportation Security Administration 84 14 CFR 61.23(a).

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rating would be ineligible for the not to include this provision in the and/or the FAA when the STA is certificate if he or she knows or has proposed rule because: (1) There is no complete. The STA would consist of a reason to know of any physical or formally recognized recordation system check of intelligence-related databases, mental condition that would interfere for non-military COA pilots as there is including Interpol and international with the safe operation of a small UAS. for military pilots; and (2) non-military databases, terrorist watch lists, and The FAA also proposes, in § 107.63(a), COA pilots are currently subject to other sources relevant to determining that the applicant be required to make different requirements than military whether an individual poses or may a certification to that effect. Both of COA pilots for operations above 400 feet pose a threat to transportation security, these proposed requirements are similar AGL. The FAA invites comments on and that confirm the individual’s to the regulatory provision of § 61.53(b), whether non-military COA pilots should identity. A successful STA is generally which prohibits operations during be permitted to take the recurrent valid for five years, but may be revoked medical deficiency for individuals knowledge test instead of the initial during that time if TSA’s recurrent conducting operations that do not knowledge test in order to obtain an vetting reveals that the individual poses require a medical certificate. FAA also unmanned aircraft operator certificate. or may pose a security threat. considered proposing to require a 5. Unmanned Aircraft Operator Congress requires TSA to recover the medical certificate for a visual observer, Certificate: Denial, Revocation, costs of vetting and credentialing but decided not to propose this Suspension, Amendment, and services through user fees.87 The fees for requirement for the same reason a Surrender vetting UAS certificate applicants medical certificate for an operator is not This rule would establish specific would cover TSA’s costs for enrolling, being proposed. The FAA, however, processing, and replying to the does invite public comment as to instances for when an unmanned aircraft operator certificate with a small application, as well as the costs of whether an FAA medical certificate conducting the intelligence-related should be required. The FAA also UAS rating can be denied, revoked, suspended, amended, or surrendered. checks themselves. TSA is developing a invites comments as to the costs and process, through rulemaking, by which benefits of requiring an airman medical This rule would allow the FAA to deny, suspend, or revoke the certificate for TSA’s vetting fees can be collected from certificate for an operator or visual applicants during the application observer. reasons including security risk posed by the applicant, drug or alcohol offenses, process, as TSA currently does in other 4. Military Equivalency refusal to submit to an alcohol test or vetting and credentialing programs, and This proposed rule would allow pilots furnish the results. Certificate holders used to cover the cost of the security with military experience operating would also be able to voluntarily screening. Thus, while this rulemaking unmanned aircraft to take the recurrent surrender certificates. projects that these costs are currently knowledge test in lieu of the initial governmental costs, these costs would i. Transportation Security knowledge test in order to be eligible for be passed on to individuals in the Administration Vetting and Positive an unmanned aircraft operator future. Identification certificate with a small UAS rating. The As a result of the processes that go U.S. Armed Forces use many types and The FAA will deny an application for into the issuance of an airman sizes of UAS in combat and non-combat a certificate or take certificate action if certificate, the FAA estimates that it operations, both in the United States the TSA determines that a person poses could take about 6 to 8 weeks after and abroad, and have done so for many a security threat. Specifically, under 49 receipt of an application for the FAA to years. During that time, many U.S.C. 46111, once an unmanned issue an applicant an unmanned aircraft servicemen and women have been aircraft operator certificate application operator certificate with a small UAS trained to operate UAS. The FAA has is received, the FAA will verify rating. The FAA invites comments with established special rules for current or compliance and the accuracy of the suggestions for how this period could be former military pilots allowing them to application and provide the applicant’s reduced. The FAA also notes that the be issued FAA pilot certificates based information to TSA for security vetting TSA will continue to examine certificate on their military flight experience and prior to certificate issuance. Under this holders after FAA issuance of a passing a military knowledge check.85 proposed rule, the FAA would transmit certificate. Accordingly, the FAA is proposing to a student pilot’s biographic information In addition, in order for the TSA to be allow current or former military for security vetting to TSA and issue an able to make the security assessments operators of unmanned aircraft to take a unmanned aircraft operator certificate specified in 49 U.S.C. 46111, the agency more limited recurrent aeronautical only after receiving a successful must be sure of the identity of the knowledge test rather than the initial response from TSA. However, if the person that it is assessing. Otherwise, a aeronautical knowledge test to obtain an TSA determines that an airman person who poses a security threat unmanned aircraft operator certificate certificate applicant poses a security could evade TSA scrutiny simply by with a small UAS rating. They may not risk, section 46111 requires the FAA to using someone else’s identity. To rely on that experience if they were deny the application for a certificate or address this issue, the FAA currently subject to certain disciplinary action amend, modify, suspend, or revoke (as requires all applicants for a pilot described in § 107.75(a). appropriate) any part of an airman certificate to apply in person and The FAA also considered whether to certificate based on the TSA’s security present positive identification at the allow individuals who have been findings. time of application.88 The identification conducting UAS operations under a The FAA may issue certificates to must include an official photograph of COA as a non-military UAS operator to individuals who have first successfully the applicant, the applicant’s signature, take a recurrent test instead of an initial completed a security threat assessment and the applicant’s residential address, test in order to obtain an unmanned (STA) conducted by the TSA.86 TSA aircraft operator certificate with a small would conduct STAs of applicants for a 87 See 6 U.S.C. 469. UAS rating. However, the FAA decided UAS certificate and notify the applicant 88 FAA Order 8900.1, vol. 5, ch. 1, sec. 3, para. 5–54; FAA Order 8900.2, ch. 7, sec. 2, para. 25, pg. 85 See 14 CFR 61.73. 86 See 49 U.S.C. 44903(j)(2)(D). 7–36.

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if different from the mailing address.89 CFIs are currently required to verify a regulations governing pilot certificates Acceptable methods of identification pilot-certificate applicant’s identity currently issued under part 61 allow the currently include, but are not limited to, pursuant to TSA regulations codified at holder of a pilot certificate to change the U.S. driver’s licenses, government 49 CFR 1552.3(h)(1). That section name on a certificate by submitting identification cards, and passports.90 requires a flight school 91 to endorse a appropriate paperwork to the FAA.93 Because positive identification of the pilot logbook verifying that a student is This proposed rule would provide applicant is necessary for TSA to be able a U.S. citizen and presented operators with the same opportunity in to determine whether the applicant identification prior to flight training, § 107.77(a). Specifically, proposed poses a security threat, this proposed which likely would be at the same time § 107.77(a) would allow a person rule would require an applicant for a that a person would apply for a student holding an unmanned aircraft operator small unmanned aircraft operator pilot certificate. certificate with a small UAS rating to certificate with a small UAS rating to Because DPEs, ACRs, and CFIs change the name on the certificate by submit the application to a Flight already have experience verifying an submitting a name-change application Standards District Office (FSDO), a applicant’s identity, this proposed rule to the FAA accompanied by the designated pilot examiner (DPE), an would allow these persons to accept an applicant’s: (1) Operator certificate; and airman certification representative application for an unmanned aircraft (2) a copy of the marriage license, court (ACR) for a pilot school, a certificated operator certificate with a small UAS order, or other document verifying the flight instructor (CFI), or other persons rating and verify the identity of the name change. After reviewing these authorized by the Administrator. The applicant. Sections 61.193, 61.413, and documents, the FAA would return them person accepting the application 183.23 would be revised accordingly. to the applicant. submission would be required to verify The FAA has also considered that the identity of the applicant allowing knowledge testing centers to iv. Change of Address matches the identity that is provided on verify an applicant’s identity and accept To ensure that the FAA has an airman the application. an application for an unmanned aircraft certificate holder’s proper contact This proposed rule would allow a operator certificate. However, the FAA information, part 61 currently requires DPE, an ACR for a pilot school, or a CFI is proposing to limit positive the holder of a pilot, flight instructor, or to accept an application and verify the identification and acceptance of an ground instructor airman certificate who identity of the applicant because to do application to those persons who are has made a change in permanent otherwise would severely limit the either: (1) Already authorized to accept mailing address to notify the FAA number of locations where an applicant and sign airman applications (FAA within 30 days of making the address for a certificate could submit his or her personnel, DPEs, and ACRs); or (2) are change.94 Failure to do so prohibits the application. This is because of the already required to verify identity under certificate holder from exercising the limited number of FSDOs and qualified the TSA’s regulations (CFIs). Knowledge privileges of the airman certificate until personnel in each FSDO needed to testing centers do not fit into either of he or she has notified the FAA of the accept the anticipated number of these categories, and thus, this proposed changed address.95 Because this application submissions each year. rule would not allow them to accept regulatory provision helps ensure that There are only 81 FDSOs in the United airman applications. The FAA invites the FAA is able to contact airman States, which are only open 5 days per comments on whether knowledge certificate holders, proposed § 107.77(c) week (excluding Federal holidays). testing centers should be allowed to would extend the existing change-of- However, there are an approximate accept airman applications. mailing-address requirement to holders combined total of 100,000 DPEs, ACRs, ii. Drugs and Alcohol Violations of an unmanned aircraft operator and CFIs potentially available to accept certificate with a small UAS rating. an application 7 days per week. Though Proposed § 107.57 would authorize there is no fee required to submit an the FAA to deny a certificate v. Voluntary Surrender of Certificate application to a FSDO, there may be a application or take other certificate The FAA also recognizes that some nominal processing fee charged by the action for violations of Federal or State individuals who obtain an unmanned authorized FAA representative, none of drug laws. Certificates could also be aircraft operator certificate with a small which goes to the FAA. The FAA denied, suspended or revoked for UAS rating may decide to stop serving believes that this nominal fee (estimated committing an act prohibited by § 91.17 as a small UAS operator. Accordingly, average of $50), if charged by the FAA or § 91.19—which are discussed in proposed § 107.79 would allow a holder representative, would offset the average section III.D.6 of this document. of an unmanned aircraft operator cost of travelling to a FSDO as well as Specifically, proposed § 107.59 specifies certificate to voluntarily surrender it to the delay in submitting the application that certificate action could be taken for: the FAA for cancellation. However, the (measured possibly in weeks) due to (1) Failure to submit for a blood alcohol FAA emphasizes that cancelling the having to make an appointment with the test or to release test results to the FAA operator certificate pursuant to § 107.79 FSDO during the work week. as required by § 91.17; or (2) carriage of would mean that the certificate no DPEs represent the FAA, and are illegal drugs in violation of § 91.19. This longer exists, and the individual who already required to positively identify proposal mirrors current regulations surrendered the certificate would need 92 an applicant for certification when the that apply to all airman certificates. to again go through the entire applicant takes the practical test for the iii. Change of Name certification process (including passing certificate. ACRs are also currently the initial aeronautical knowledge test) The FAA recognizes that individuals required to positively identify the if he/she subsequently changes his/her who hold airman certificates may student/applicant for airman mind. Accordingly, proposed change their names. Accordingly, the certification as part of the responsibility § 107.79(b) would require the individual of the part 141 flight school with which surrendering the certificate to include 91 TSA defines a flight school as any pilot school, the ACR is affiliated. flight training center, air carrier training facility, or flight instructor certificated under 14 CFR parts 61, 93 14 CFR 61.25. 89 Id. 121, 135, 141, or 142.49 CFR 1552.1(b). 94 14 CFR 61.60. 90 Id. 92 See 14 CFR 61.15(a) and (b), 63.12, and 65.12. 95 Id.

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the following signed statement (or an satisfy the statutory aircraft-registration 47 would increase the likelihood that equivalent) in his or her cancellation requirement by requiring all small the FAA’s registration database contains request: unmanned aircraft subject to this the latest information on small I voluntarily surrender my unmanned proposed rule to be registered pursuant unmanned aircraft and their owners, the aircraft operator certificate with a small UAS to the existing registration process of FAA proposes to retain this requirement rating for cancellation. This request is made part 47. for small unmanned aircraft registration. for my own reasons with full knowledge that The FAA also proposes to make a In addition, the FAA notes that my certificate will not be reissued to me single change to part 47 to accommodate because most manned aircraft are type- unless I again complete the requirements small unmanned aircraft registration. certificated, the FAA currently specified in §§ 107.61 and 107.63. Specifically, small unmanned aircraft, possesses a significant amount of F. Registration which can easily be obtained for as low information about each aircraft type (as as several hundred dollars, are a result of the type-certification process) As mentioned earlier, the FAA’s significantly smaller assets than manned that it can use to supplement statute prohibits a person from aircraft, which can cost hundreds of information in an individual registration operating a civil aircraft that is not thousands or millions of dollars. application. This results in the current registered,96 and this proposed rule Because small unmanned aircraft are registration requirements of part 47 would codify this statutory requirement. small assets, the FAA proposes to asking for a minimal amount of The registration of aircraft and the exempt small unmanned aircraft which information for most manned aircraft. assignment of an identifying registration have not previously been registered However, small unmanned aircraft, number to be displayed on the aircraft anywhere from the regulatory which would not be type-certificated are primary foundation blocks in the requirements of § 47.15, which were under this proposed rule, come in a regulatory structures that provide for designed to apply to large-asset manned variety of forms, many of which are not safe and orderly aircraft activity within aircraft. currently standardized. This situation is the NAS. The registration number Thus, under this proposed rule, a likely to continue as the small UAS provides a quick call-sign for small unmanned aircraft would market will continue broad innovation communications between air traffic generally be registered as follows. The until designs emerge that are well control and aircraft in flight. It also aircraft’s owner would send the balanced against the tasks found to be provides a link to information about the following items to the FAA: (1) An best served by this segment of aviation. aircraft and the owner responsible for its Aircraft Registration Application To enable the FAA to both identify operations. This information may assist providing information about the aircraft particular aircraft against a stated the FAA and law enforcement agencies and contact information for the aircraft description as well as to identify and to respond to inappropriate behavior, to owner; (2) evidence of ownership (such share safety related information as it share safety information, respond to as a bill of sale); and (3) the $5.00 develops, the FAA invites comments as emergency situations, and populate data registration fee. If the application and to whether small unmanned aircraft fields for studies that track trends and supporting materials satisfy the criteria owners should be required to provide help shape future management of part 47, the FAA would then assign additional information during the decisions. a registration number (‘‘N’’ number) to Part 47 of 14 CFR currently governs registration process. The FAA the aircraft and issue a Certificate of anticipates that the additional the registration process applicable to Aircraft Registration to the applicant. If aircraft that are not registered under the information requirement imposed on the aircraft was last previously small unmanned aircraft could be laws of a foreign country and that meet registered in the U.S., once the new similar to the requirements imposed on one of the following ownership criteria: application has been sent to the amateur-built aircraft under 14 CFR • The aircraft is owned by a citizen of Registry, its second copy (pink copy) 47.33(c), as amateur aircraft pose the the United States; may be used to operate the aircraft for • same lack-of-standardization issues as a The aircraft is owned by a a reasonable time while the application small UAS. permanent resident of the United States; is being processed and the new • The aircraft is owned by a certificate issued. G. Marking corporation that is not a citizen of the The FAA also notes that a Certificate United States, but that is organized and of Aircraft Registration issued under 1. Display of Registration Number doing business under U.S. Federal or part 47 currently expires every three Subpart C of 14 CFR part 45 currently State law and the aircraft is based and years.98 This is because ownership of requires an aircraft to display its primarily used in the United States; or registration number on the aircraft. This • the aircraft may change hands or the The aircraft is owned by the United aircraft owner could move after requirement is intended to allow aircraft States government or a state or local registering. A requirement to identification for oversight purposes. 97 governmental entity. periodically reregister the aircraft The number must generally be: (1) This proposed rule would not apply increases the likelihood that the FAA’s Painted on the aircraft or affixed to the to UAS operations that have certain registration database contains the latest aircraft by some other permanent international ownership components. information concerning each registered means; (2) have no ornamentation; (3) This would exclude any aircraft whose aircraft. The aircraft owner can easily contrast in color with the background; ownership fails to meet the criteria for reregister the aircraft by submitting to and (4) be legible.100 registration under part 47. Because this the FAA: (1) An application for To increase the likelihood of aircraft proposed rule would apply only to registration renewal containing updated identification during flight, part 45, aircraft that are eligible for registration information about the aircraft and its Subpart C specifies highly visible under part 47, the FAA proposes to owner; and (2) a $5.00 reregistration surfaces on the aircraft where the fee.99 Because the current three-year aircraft registration number must be 96 49 U.S.C. 44101(a). registration expiration provision in part displayed. Those surfaces differ based 97 14 CFR 47.3. This limitation on the applicability of part 47 stems from a statute (49 on the type of aircraft that is used. For U.S.C. 44103), which allows the FAA to only 98 See 14 CFR 47.40. register aircraft that meet the above criteria. 99 Id. 100 14 CFR 45.21(c).

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example, a rotorcraft is required to § 45.29(f), that would address this issue benefits justify its costs.’’ 108 As display its registration number by allowing the too-small aircraft to discussed elsewhere in this preamble, horizontally on the fuselage, boom or simply display its registration number the FAA’s primary safety concerns with tail.101 Conversely, a fixed wing in as large a manner as practicable. regard to small UAS operations are: (1) unmanned aircraft is generally required Accordingly, the size of the small The ability to ‘‘see and avoid’’ other to display its registration number on unmanned aircraft would not be a aircraft with no pilot on board; and (2) either the vertical tail surfaces or the barrier to compliance with the the operator losing positive control of sides of its fuselage.102 provisions of Subpart C of part 45. the small unmanned aircraft. Here, both To ensure maximum visibility, The FAA also notes that, as discussed of these safety concerns would be Subpart C also specifies a minimum size above, the registration-display-location mitigated by the other provisions of this for the registration number display.103 requirements of part 45, Subpart C are proposed rule. Accordingly, the FAA For fixed-wing aircraft and rotorcraft, specific to different types of aircraft.107 does not believe that the safety benefits the registration number display must Under this proposed rule, the FAA of requiring small UAS manufacturers to generally be at least 12 inches high.104 would expect small unmanned aircraft install fireproof plating with their Characters in the display must also be: to comply with the display-location identification information would be (1) Generally two thirds as wide as they provisions that apply to the specific sufficient to justify the costs of doing so. are high; (2) formed by solid lines that type of small unmanned aircraft being are one-sixth as thick as the character is The FAA invites comments, with used. For example, rotorcraft small high; and (3) spaced out so that the supporting documentation, as to the space between the characters is at least unmanned aircraft would be expected to costs and benefits of mandating one-fourth of the character width.105 comply with the display-location compliance with Subpart B of part 45. Because some aircraft subject to part 45 provisions that are applicable to The FAA also invites comments, with may be small, § 45.29(f) allows aircraft rotorcraft. Conversely, fixed-wing small supporting documentation, on whether that are too small to comply with the unmanned aircraft would be expected to alternative methods of small-UAS size requirements to display the comply with the provisions that are manufacturer marking should be registration number on the aircraft in as applicable to fixed-wing aircraft. required. large a manner as practicable.106 The FAA invites comments on This proposed rule would require a whether a small unmanned aircraft H. Fraud and False Statements small unmanned aircraft to display its should be required to display its Currently, the U.S. criminal code registration number in the manner registration number in accordance with prohibits fraud and falsification in specified in Subpart C of part 45. For Subpart C of part 45. If compliance with matters within the jurisdiction of the unmanned aircraft that are not too small Subpart C should not be required, what executive branch.109 The FAA too may to comply with the display-size standard should the FAA impose for impose civil sanctions in instances of requirements discussed above, this how a small unmanned aircraft displays fraud and falsification in matters within proposed rule would require its registration number in order to fulfill its jurisdiction.110 compliance with all of those its safety oversight obligation regarding requirements. This is because small small unmanned aircraft operations? Similarly, in § 107.5(a), this proposed unmanned aircraft present the same The FAA invites comments with rule would prohibit a person from identification and oversight concerns as supporting documentation on this issue. making a fraudulent or intentionally manned aircraft. For example, if a false record or report that is required for bystander was to observe a small 2. Marking of Products and Articles compliance with the provisions of this proposed rule. Proposed § 107.5(a) unmanned aircraft being flown in a The FAA also considered requiring would also prohibit a person from dangerous manner, the FAA would be small unmanned aircraft to comply with making any reproduction or alteration, able to determine the aircraft’s owner if the marking of products and articles the bystander is able to see the aircraft’s requirement of Subpart B of part 45. for a fraudulent purpose, of any registration number. Because the current This subpart requires the manufacturer certificate, rating, authorization, record, requirements in Subpart C of part 45 are of an aircraft or aircraft component to or report that is made pursuant to intended to provide for the maximum attach a fireproof identification plate to proposed part 107. Finally, proposed visibility of an aircraft’s registration the aircraft and/or component § 107.5(b) would specify that the number, compliance with those containing the manufacturer’s name, commission of a fraudulent or requirements would greatly increase the model designation, serial number, and, intentionally false act in violation of probability of a small unmanned aircraft if applicable, the type certificate. The § 107.5(a) could result in the suspension being identified during a small UAS purpose of these requirements is to or revocation of a certificate or waiver operation. allow the FAA to trace the pertinent issued by the FAA pursuant to this The FAA acknowledges that some aircraft and/or aircraft parts back to the proposed rule. This proposed civil small unmanned aircraft may be too manufacturer if an issue arises with the sanction would be similar to the small to comply with the minimum- aircraft and/or aircraft parts. sanctions that the FAA currently display-size requirements of part 45. imposes on fraudulent and false However, as mentioned previously, part The FAA does not believe that statements pursuant to §§ 61.59(b), 45 already contains a provision, requiring small unmanned aircraft 67.403(c), and 121.9(b). manufacturers to comply with the 101 requirements of Subpart B of part 45 14 CFR 45.27(a). Section 45.27(a) also allows 108 Executive Order 13563, section 1(b) the number to be displayed on both surfaces of the would be cost-justified. Under (summarizing and reaffirming Executive Order cabin, but an unmanned aircraft will not have a Executive Orders 12866 and 13563, the 12866). cabin. FAA may ‘‘propose or adopt a 109 18 U.S.C. 1001 102 14 CFR 45.25(a). 110 The FAA has exercised this power in 14 CFR 103 14 CFR 45.29(f). regulation only upon a reasoned determination that [the regulation’s] 61.59, 67.403, 121.9, and 139.115, which currently 104 14 CFR 45.29(b)(1) and (3). impose civil prohibitions on fraud and false 105 14 CFR 45.29(c)–(e). statements made in matters within the FAA’s 106 See 14 CFR 45.29(f). 107 See, e.g., 14 CFR 45.25(a) and 45.27(a). jurisdiction.

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I. Oversight the FAA may conduct further area of operation; and prohibiting investigation to determine whether any operations over any person not directly 1. Inspection, Testing, and FAA regulations were violated. participating in the operation, the risk Demonstration of Compliance The FAA emphasizes that this associated with this group of aircraft The FAA’s oversight statutes, codified proposed reporting requirement would would be significantly reduced when at 49 U.S.C. 44709 and 46104, provide be triggered only during operations that compared with other categories of the FAA with broad investigatory and result in injury to a person or property aircraft that weigh more, fly higher, and inspection authority for matters within damage. The FAA invites comments as faster. the FAA’s jurisdiction. Under section to whether this type of accident- Accordingly, the Secretary proposes 46104, the FAA may subpoena reporting should be required. The FAA to find that small UAS operations witnesses and records, administer oaths, also invites suggestions for alternative subject to this proposed rule would not examine witnesses, and receive methods of ensuring compliance with create a hazard to users of the NAS or evidence at a place in the United States the regulations governing small UAS the public. We invite comments on this that the FAA designates. Under section operations. The FAA specifically invites proposed finding. 44709, the FAA may ‘‘reinspect at any comments as to whether small UAS time a civil aircraft, aircraft engine, accidents that result in minimal 2. National Security propeller, appliance, design amounts of property damage should be Section 333 of Public Law 112–95 organization, production certificate exempted from the reporting also requires the Secretary to determine holder, air navigation facility, or agency, requirement. If so, what is the threshold whether the operation of UAS subject to or reexamine an airman holding a of property damage that should trigger this proposed rule would pose a threat certificate issued [by the FAA].’’ the accident reporting requirement? to national security. Proposed part 107 This rule would codify the FAA’s J. Section 333 Statutory Findings would expand small UAS operations in oversight authority in proposed § 107.7. the NAS to include commercial Proposed § 107.7(b) would require the As mentioned previously, in order to operations. Under proposed part 107, operator, visual observer, or owner of a determine whether certain UAS may these operations would be subject to small UAS to, upon FAA request, allow operate safely in the NAS pursuant to specific requirements, such as being the FAA to make any test or inspection section 333 of Public Law 112–95, the able to operate only during daylight and of the small unmanned aircraft system, Secretary must find that the operation of only within visual line of sight of the the operator, and, if applicable, the the UAS would not: (1) Create a hazard operator and, if applicable, a visual visual observer to determine compliance to users of the NAS or the public; or (2) observer. The small unmanned aircraft with the provisions of proposed part pose a threat to national security. The would also have to be registered with 107. Secretary must also determine whether the FAA and display its FAA-issued Section 107.7(a) would require an small UAS operations subject to this registration marking prominently on the operator or owner of a small UAS to, proposed rule pose a safety risk aircraft. upon FAA request, make available to sufficient to require airworthiness In addition, the operator of the small the FAA any document, record, or certification. unmanned aircraft would be required to report required to be kept by the 1. Hazard to Users of the NAS or the obtain an FAA-issued unmanned provisions of proposed part 107. This Public aircraft operator certificate with a small would include the operator’s unmanned UAS rating. The process for obtaining aircraft operator certificate with a small Section 333 of Public Law 112–95 this certificate would include the same UAS rating and the certificate of aircraft requires the Secretary to determine TSA-review procedures that are registration for the small UAS being whether the operation of the UAS currently used under 49 U.S.C. 46111 in operated. subject to this proposed rule would create a hazard to users of the NAS or order to screen out airman-certificate 2. Accident Reporting the public. As discussed in the applicants who pose a security risk. The FAA notes that UAS is a Background section of this preamble, Because the above provisions would relatively new industry and that due to their extremely light weight, limit the security risk that could be operators of small UAS may not have small UAS could pose a significantly posed by small UAS operations subject prior experience with aviation smaller public risk than do manned to this proposed rule, the Secretary regulations or FAA oversight. In aircraft. proposes to find that these small UAS addition, because of the newness of the Two primary safety concerns operations would not pose a threat to small UAS industry, the FAA currently associated with small UAS operations national security. We invite comments does not have the oversight experience are: (1) The ability to ‘‘see and avoid’’ on this proposed finding. with small UAS that it has with manned other aircraft with no pilot on board; 3. Airworthiness Certification aircraft operations. Accordingly, to and (2) the operator losing positive ensure proper oversight of small UAS control of the small unmanned aircraft. Finally, section 333(b)(2) of Public operations, this proposed rule, in Here, both of these safety concerns Law 112–95 requires the Secretary to § 107.9, would require a small UAS would be mitigated by the other determine whether small UAS operator to report to the FAA any small provisions of this proposed rule. operations subject to this proposed rule UAS operation that results in: (1) Any Specifically by requiring operations to pose a safety risk sufficient to require injury to a person; or (2) damage to be conducted within visual line of sight; airworthiness certification. The property other than the small unmanned limiting maximum gross weight of the Secretary has determined that aircraft. The report would have to be small unmanned aircraft to be below 55 airworthiness certification should not be made within 10 days of the operation pounds; limiting the operating altitude required for small UAS subject to this that resulted in injury or damage to to below 500 feet AGL; requiring proposed rule due to their low-risk property.111 After receiving this report, operators to be certificated; defining the operational characteristics. Specifically, as mentioned previously, because of the 111 The proposed 10-day timeframe to submit a currently required by the NTSB for accident other provisions in this proposed rule, report is similar to the 10-day timeframe that is reporting. See 49 CFR 830.15(a). the risk associated with small UAS

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subject to this proposed rule is foreign commerce of the United States. how the proposed rule would improve significantly reduced. In developing U.S. standards, this Trade the safety of the NAS when small UAS The FAA emphasizes that, under this Act requires agencies to consider are operated in place of a hazardous proposed rule, the operator would not international standards and, where manned operation or a laborer working need to determine design conformity or appropriate, that they be the basis of at heights. reliability probabilities when evaluating U.S. standards. Fourth, the Unfunded The estimated out-of-pocket cost for a the airworthiness of small UAS. Instead, Mandates Reform Act of 1995 (Pub. L. small UAS operator to be FAA-certified the operator would need to make a 104–4) requires agencies to prepare a is less than $300. As this proposal determination of whether the small UAS written assessment of the costs, benefits, enables new businesses to be is in a safe condition during flight and other effects of proposed or final established, the private sector benefits operations and ground operations rules that include a Federal mandate would exceed private sector costs when conducted for the purpose of flight. likely to result in the expenditure by new entrepreneurs earn a profit. As During preflight and post flight State, local, or tribal governments, in the more profitable opportunities increase, inspections, a small UAS operator aggregate, or by the private sector, of so will the social benefits. Therefore, should look for simple inspection items $100 million or more annually (adjusted each new small UAS operator will have such as dents, corrosion, mis-alignment, for inflation with base year of 1995). determined that their expected benefits loose wires, binding controls, loose This portion of the preamble exceed their costs. In addition, if the use fasteners, and excessive wear. This summarizes the FAA’s analysis of the of a small UAS replaces a dangerous simple but not all-inclusive list will economic impacts of this proposed rule. non-UAS operation and saves one identify most problems that could Readers seeking greater detail can read human life, that alone would result in impact the airworthiness and reliability the full regulatory evaluation, a copy of benefits outweighing the costs of this of the aircraft. which has been placed in the docket for proposed rule. The costs are shown in Another inspection method unique to this rulemaking. the table in the ‘‘Cost Summary’’ section small UAS that would be governed by In conducting these analyses, FAA below. this proposed rule would be a check of has determined that this proposed rule: the control link. This check can be (1) Has benefits that justify its costs; (2) 2. Who is potentially affected by this accomplished by using the control is an economically ‘‘significant rule? station to verify proper flight control regulatory action’’ as defined in section Manufacturers and operators of small deflection prior to flight. The check can 3(f) of Executive Order 12866; (3) is unmanned aircraft systems. ‘‘significant’’ as defined in DOT’s also be used to ensure the flight controls 3. Assumptions deflect freely, without binding. Like the Regulatory Policies and Procedures; (4) aforementioned inspection items, this would have a significant positive • Because the commercial small UAS too is a simple visual inspection that economic impact on a substantial industry is not yet established and may should not require any specialized number of small entities; (5) would not evolve differently from current training. create unnecessary obstacles to the expectations, the FAA determined that Because the proposed airworthiness foreign commerce of the United States; a five-year time frame of analysis would provisions discussed above would and (6) would not impose an unfunded be appropriate. sufficiently ensure that the small UAS is mandate on state, local, or tribal • The base year is 2014. in a condition for safe operation and governments, or on the private sector by • The FAA uses a seven percent because the other provisions of this rule exceeding the threshold identified discount rate for the benefits as would ensure that the risk posed by above. These analyses are summarized prescribed by OMB in Circular A–4.112 • small unmanned aircraft is significantly below. Since the year that the proposed smaller than public risk posed by other 1. Total Benefits and Costs of This Rule rule is published is unknown, the FAA groups of aircraft, the Secretary finds, uses Year 1 as the current year so that This proposed rule reflects the fact pursuant to section 333(b)(2) of Public the first discounting occurs in Year 2. that technological advances in small • Law 112–95, that airworthiness In the small UAS future fleet unmanned aircraft systems (small UAS) forecast, the FAA assumes that 20 certification would be unnecessary for have led to a developing commercial small UAS subject to this proposed rule. percent of the fleet would retire or leave market for their uses by providing a safe 113 We invite comments on this finding. the fleet every year. operating environment for them and for • Because only one operator is IV. Regulatory Notices and Analyses other aircraft in the NAS. In time, the required to operate a small UAS, the FAA anticipates that the proposed rule A. Regulatory Evaluation FAA assumes that there would be one would provide an opportunity to qualified FAA-approved operator per Changes to Federal regulations must substitute small UAS operations for undergo several economic analyses. some risky manned flights, such as 112 http://www.whitehouse.gov/omb/circulars_ First, Executive Order 12866 and photographing houses, towers, bridges, a004_a-4 Executive Order 13563 direct that each or parks, thereby averting potential 113 A copy of the forecast can be found in the Federal agency shall propose or adopt a fatalities and injuries. It would also lead rulemaking docket. The FAA notes that a small UAS could incur a cost for registration and then regulation only upon a reasoned to more efficient methods of performing retire or leave the fleet during the analysis interval. determination that the benefits of the certain commercial tasks that are The FAA also notes that our small UAS forecast intended regulation justify its costs. currently performed by other methods. may be understated if operators choose to own more Second, the Regulatory Flexibility Act For any commercial operation than one FAA-registered aircraft (for example, as a backup in case one aircraft is disabled). To account of 1980 (Pub. L. 96–354) requires occurring because this rule is enacted, for this possibility, as a sensitivity analysis, if there agencies to analyze the economic the operator/owner of that small UAS were an additional 20 percent increase in our small impact of regulatory changes on small will have determined the expected UAS forecast, then the costs in Table 7 and Table entities. Third, the Trade Agreements revenue stream of the flights exceeds the 10, found in the regulatory evaluation accompanying this NPRM, would increase by 20 Act (Public Law 96–39) prohibits cost of the flights’ operation. In each percent. The FAA requests comments, with agencies from setting standards that such case this rule helps enable new supporting documentation, on this sensitivity create unnecessary obstacles to the markets to develop. The FAA identified analysis.

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registered and operating small UAS. • The FAA assigns the hourly value FAA determined that a small UAS could Even though 20 percent of the small of FAA or KTC clerical time to $20.06 have substituted for the manned UAS equipment leaves the fleet each by calculating the mean for a Level 2 operation in two cases. If the use of a year, the FAA expects that small UAS (FG 5/6) Clerical Support person from small UAS replaces a dangerous non- operators, once tested and certificated, the Core Compensation Plan Pay Bands, UAS operation and saves one human would remain employable and some effective January 12, 2014 working in life, that alone would result in benefits would take jobs as small UAS operators the Washington DC locality.121 The FAA outweighing the costs of this proposed in the following years of the analysis then divides the mean of the annual rule. interval. Also, operators would incur a salaries by 2,080 for an hourly rate. The potential benefits would be cost for recurrent knowledge testing • The FAA assigns the value of driven by the market and small UAS every 24 months. This will be explained $28.00 as the estimate for the FAA’s cost airspace availability. In the Regulatory in detail in the ‘‘Costs’’ section below. to register an aircraft. This estimate is Evaluation, the FAA explores only four • The FAA assumes that the failure based on an internal cost model of the many potential small UAS rate of applicants 114 taking the small developed in September 2014 by the markets this proposal could enable. The UAS initial and recurrent knowledge FAA civil aviation registry to use for four potential small UAS markets are: based test would be 10 percent.115 managerial estimates. 1. Aerial photography, • The FAA uses a $50 fee to validate However, applicants and operators who 2. Precision agriculture, the identity of an applicant. fail are assumed to pass the knowledge 3. Search and rescue/law test on the second attempt. The FAA requests comments, with supporting documentation, on each of enforcement, and • Since this proposed rule allows these assumptions and data values. 4. Bridge inspection. knowledge test centers (KTC) to The FAA estimates that the proposed administer small UAS operator initial or 4. Benefit Summary rule could not only enable numerous recurrent knowledge tests, the FAA The potential benefits from this new industries, but also provide safety assumes that the KTC would collocate proposed rule would arise from benefits and create a safe operating themselves with a Designated Pilot improved safety and from opening up environment. The FAA has not Examiner (DPE), Certificated Flight new commercial aviation activities. The quantified the specific benefits due to a Instructor (CFI) or Other Designated FAA currently does not permit lack of data. The FAA invites Authority to validate an applicant’s commercial activity involving small commenters to provide data that could identity, accept the knowledge test UAS due to the potential hazards they be used to quantify benefits of this results and the small UAS operator could pose to other aircraft and to the proposed rule. application for review and submission civilian population. This proposed rule 5. Cost Summary to the FAA AFS–760 Airman would allow certain types of unmanned Certification Branch for processing. aerial observational operations to Several provisions in the proposed • The cost to administer an FAA replace manned aerial observational rule would impose compliance costs on approved small UAS knowledge test, operations that are currently being potential commercial small UAS including compliance fees, to a small conducted under potentially hazardous operators. However, the FAA assumes UAS applicant or operator is $150.116 conditions. The proposed rule would that commercial small UAS operators • The FAA estimates that a small also allow small UAS to replace laborers would incur these costs only if they UAS operator applicant would need to inspecting high towers or in certain anticipated revenues that would more travel 19 miles one way to reach their other hazardous locations. This than offset these costs. The business closest KTC location.117 proposed rule would allow the creation decision to enter a previously non- • The 2014 published IRS variable and development of new industries able existent market is borne by each cost mileage rate of $0.235 per mile is to operate with minimal potential risks operator who knowingly chooses to used to estimate the cost of Vehicle to operators and the public. operate a small UAS within the usage.118 Specifically, with respect to the regulated environment of this proposal. • The FAA assigns the hourly value potential safety benefits from In the Regulatory Evaluation, the FAA for personal time to equal $25.09 for substituting small unmanned aircraft for estimates these costs by provision. As Year 1.119 aerial photography, the FAA reviewed summarized in the following table, the • The FAA assigns the hourly value 17 aerial aviation photography accidents FAA estimates the total cost of the for travel time to equal $24.68 for Year and incidents that occurred between proposed rule for the 5 year period of 1.120 2005 and 2009. Of these accidents, the analysis.

114 The FAA notes that a person first must apply 118 http://www.irs.gov/2014-Standard-Mileage- 120 Source: Revised Departmental Guidance on to become a small UAS operator. During the Rates-for-Business,-Medical-and-Moving- The Valuation of Travel time in Economic Analysis application process, this analysis will refer to a Announced (published June 9, 2014)-Local Travel (Business). person applying to become a small UAS operator 119 Source: Revised Departmental Guidance on Per this guidance future Travel Time Saving as an applicant. After the applicant has successfully The Valuation of Travel time in Economic Analysis estimates are also augmented by 1.2 percent per (published June 9, 2014). Per this guidance, median passed the application process, this analysis will year to reflect projected annual growth of real refer to the person as a small UAS operator. Household income divided by 2,080 hours is used median household income. Year 1 (2012$) travel 115 to establish a wage rate (see Table 3). This wage The FAA has not yet created or administered time savings estimates are calculated as $24.10 * the knowledge test proposed in the NPRM. rate, as noted in this guidance, serves as an approximate value for leisure time. Consistent with 1.0122 = $24.68; Year 2 as $24.10 * 1.0123 = $24.98; However, the weighted average failure rate for all this guidance wage rates are augmented by 1.2 Year 3 as $24.10 * 1.0124 =$25.28; Year 4 as $24.10 categories of airman taking knowledge tests in 2013 percent per year to reflect projected annual growth * 1.0125 = $25.58; and Year 5 as $24.10 * 1.0126 was 10%. See Appendix 3 of the regulatory of real median household income. Year 1 (2012$) evaluation accompanying this NPRM for details. = $25.89. See table 4. wage rates estimates are calculated as $24.50 * 121 116 http://www.catstest.com/airman-testing- 2 3 https://my.faa.gov/content/dam/myfaa/org/ 1.012 = $25.09; Year 2 as $24.50 * 1.012 = $25.39; _ _ exams/recreational-private-pilot.php Year 3 as $24.50 * 1.0124 = $25.70; Year 4 as $24.50 staffoffices/ahr/program policies/policy guidance/ 117 See ‘‘Travel Expense’’ section for methodology * 1.0125 = $26.01; and Year 5 as $24.50 * 1.0126 hr_policies/hrpm/comp/comp_ref/media/core_ and source information. = $26.32. salary_with_conversion.xls.

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TOTAL AND PRESENT VALUE COST SUMMARY BY PROVISION [Thousands of current year dollars]

Total costs 7% P.V. Type of cost (000) (000)

Applicant/small UAS operator: Travel Expense ...... $151.7 ...... $125.9 Knowledge Test Fees ...... $2,548.6 ...... 2,114.2 Positive Identification of the Applicant Fee ...... $434.3 ...... 383.7 Owner: Small UAS Registration Fee ...... $85.7 ...... 70.0 Time Resource Opportunity Costs: Applicants Travel Time ...... $296.1 ...... 245.3 Knowledge Test Application ...... $108.9 ...... 90.2 Physical Capability Certification ...... $20.0 ...... 17.7 Knowledge Test Time ...... $1,307.1 ...... 1,082.9 Small UAS Registration Form ...... $220.5 ...... 179.7 Change of Name or Address Form ...... $14.9 ...... 12.3 Knowledge Test Report ...... $154.9 ...... 128.5 Pre-flight Inspection ...... Not quantified ...... Accident Reporting ...... Minimal cost ...... Government Costs: TSA Security Vetting ...... $1,026.5 ...... 906.9 FAA—sUAS Operating Certificate ...... $39.6 ...... 35.0 FAA—Registration ...... $394.3 ...... 321.8

Total Costs ...... $6,803.1 ...... 5,714.0 * Details may not add to row or column totals due to rounding.

B. Initial Regulatory Flexibility • Description of the record keeping operations are approved by the FAA on Determination (IRFA) and other compliance requirements of a case by case basis via an exemption the proposed rule. from the pertinent regulations. The Regulatory Flexibility Act of 1980 • All federal rules that may duplicate, (Pub. L. 96–354) (RFA) establishes ‘‘as a overlap, or conflict with the proposed 2. Statement of the Legal Basis and principle of regulatory issuance that rule. Objectives for the Proposed Rule agencies shall endeavor, consistent with • Description and an estimated This rulemaking is promulgated the objectives of the rule and of number of small entities to which the under the authority described in the applicable statutes, to fit regulatory and proposed rule will apply. FAA Modernization and Reform Act of informational requirements to the scale • Describe alternatives considered. 2012 (Pub. L. 112–95). Section 333 of of the businesses, organizations, and Public Law 112–95 directs the Secretary governmental jurisdictions subject to 1. Description of Reasons the Agency Is Considering the Action of Transportation to determine whether regulation. To achieve this principle, ‘‘certain unmanned aircraft systems may agencies are required to solicit and The FAA is proposing to amend its operate safely in the national airspace consider flexible regulatory proposals regulations to adopt specific rules to system.’’ If the FAA determines, and to explain the rationale for their allow the operation of small unmanned pursuant to section 333, that certain actions to assure that such proposals are aircraft system (small UAS) operations unmanned aircraft systems may operate given serious consideration.’’ The RFA in the National Airspace System (NAS). safely in the NAS, then the FAA must covers a wide-range of small entities, These changes would address the ‘‘establish requirements for the safe including small businesses, not-for- operation of small UAS, certification of operation of such aircraft systems in the profit organizations, and small their operators, registration, and display national airspace system.’’ 122 governmental jurisdictions. of registration markings. The proposed This rulemaking is also promulgated Agencies must perform a review to requirements would allow small UAS to pursuant to 49 U.S.C. 40103(b)(1) and determine whether a rule will have a operate in the NAS while minimizing (2), which charge the FAA with issuing significant economic impact on a the risk they may pose to manned regulations: (1) To ensure the safety of substantial number of small entities. If aviation operations and the general aircraft and the efficient use of airspace; the agency determines that it will, the public. and (2) to govern the flight of aircraft for If the proposed rule were adopted, agency must prepare a regulatory purposes of navigating, protecting and operators would be permitted to flexibility analysis as described in the identifying aircraft, and protecting participate in certain commercial RFA. individuals and property on the ground. activities from which they are currently In addition, 49 U.S.C. 44701(a)(5) The FAA believes that this proposed prohibited. The proposed requirements rule would have a significant impact on are intended to enable the opportunity a substantial number of entities. 122 Public Law 112–95, section 333(c). In for the private sector to develop addition, Public Law 112–95, section 332(b)(1) Therefore, under section 603(b) of the commercial small UAS businesses and RFA, the initial analysis must address: requires the FAA to issue ‘‘a final rule on small facilitate legal and safe operations. unmanned aircraft systems that will allow for civil • Description of reasons the agency is Currently commercial activity using a operation of such systems in the national airspace considering the action. small UAS is prohibited by federal system, to the extent the systems do not meet the • requirements for expedited operational Statement of the legal basis and regulation unless the civil aircraft has authorization under section 333 of [Pub. L. 112– objectives for the proposed rule. an airworthiness certificate in effect and 95].’’

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charges the FAA with prescribing obtain an airman knowledge test report 4. All Federal Rules That May regulations that the FAA finds necessary showing that he or she passed the test. Duplicate, Overlap, or Conflict With the for safety in air commerce and national After passing a knowledge test, the Proposed Rule security. person would then apply for the The FAA is unaware that the Finally, the model-aircraft component certificate by: (1) Filling out and proposed rule will overlap, duplicate or of this rulemaking is promulgated submitting an application for the conflict with existing federal rules. pursuant to Public Law 112–95, section certificate, which would include a 336(b), which clarifies that the FAA’s certification stating that the applicant is 5. Description and an Estimated Number existing authority, under 49 U.S.C. physically capable of safely operating a of Small Entities To Which the 40103(b) and 44701(a)(5), provides the small UAS; and (2) attaching a copy of Proposed Rule Will Apply FAA with the power to pursue The FAA believes that the proposed enforcement ‘‘against persons operating the airman knowledge test report to the rule would enable numerous new model aircraft who endanger the safety application. This proposed rule would industries, while maintaining a safe of the national airspace system.’’ also require a small UAS operator to report to the FAA any accident that operating environment in the NAS. 3. Description of the Record Keeping results in: (1) Any injury to a person; or Because the commercial small UAS and Other Compliance Requirements of (2) damage to property other than the industry is not yet established and legal the Proposed Rule small unmanned aircraft. operation of commercial small UAS in The FAA’s statute 123 prohibits a the NAS constitutes a new market, The FAA’s statute also prohibits the available data for these operations is person from serving as an airman operation of an aircraft that is not without an airman certificate. This sparse. Accordingly, the FAA has not registered.124 Consequently this proposed rule would create a new quantified number of small entities to proposed rule would require owners of airman certificate for small UAS which the proposed rule would apply operators to satisfy the statutory a small unmanned aircraft to register because the FAA cannot reasonably requirement. The airman certificate that aircraft with the FAA. The owner predict how the market will develop for would be called an unmanned aircraft of a small unmanned aircraft can do this individual commercial uses of small operator certificate with a small UAS simply by sending the following items UAS. rating, and in order to obtain it, a person to the FAA: (1) An Aircraft Registration With respect to the potential operator would have to: (1) Take and pass an Application providing information costs, the FAA assumes that each aeronautical knowledge test; and (2) about the aircraft and contact operator would be a new entrant into submit an application for the certificate. information for the aircraft owner; (2) the commercial market and that each To take and pass an aeronautical evidence of ownership (such as a bill of operator would have one small UAS. knowledge test, a person would have to: sale); and (3) the $5.00 registration fee. The following table shows the proposed (1) Apply to take the test at an FAA- rule’s estimated out-of-pocket startup approved Knowledge Testing Center; (2) and recurrent direct compliance costs spend time taking the test; and (3) for a new small UAS operator or owner.

SMALL UAS OPERATOR STARTUP AND RECURRENT COSTS [Current dollars]

Cost Type of cost Initial Recurrent

Applicant/small UAS operator: ...... Travel Expense ...... $9 $9 Knowledge Test Fees ...... 150 150 Positive Identification of the Applicant Fee ...... 50 ...... Total applicant/small UAS operator ...... 209 159 Owner: ...... Small UAS Registration Fee ...... 5 5

Total Owner ...... 5 5

Total ...... 214 164 * Details may not add to row or column totals due to rounding.

The FAA does not believe that $214 and would stimulate a manufacturing 6. Alternatives Considered per operator would be a significant support industry. The FAA believes that negative economic impact to small most, if not all, of these new commercial The FAA considered both more costly entity operators because $214 is activities would be conducted by and less costly alternatives as part of its relatively inexpensive to be licensed for operators of small UAS who are small NPRM. The FAA rejected the more operation of a commercial vehicle. business entities. Therefore, the FAA costly alternatives due to policy believes that this proposed rule would considerations and undue burden that The FAA expects this proposed rule would be imposed on small UAS would be a significant positive have a positive significant impact on a substantial number of entities. operators. The less costly alternatives economic impact because it enables new and the FAA’s reasons for rejecting businesses to operate small UAS for hire

123 49 U.S.C. 44711(a)(2)(A). 124 49 U.S.C. 44101.

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those alternatives in the NPRM are The FAA invites comments on the Below, we discuss each of these discussed below. inclusion of foreign-registered small information-collection requirements in • Allowing knowledge testing centers unmanned aircraft in this new more detail. As required by the to verify ID and accept airman framework. In particular, FAA invites Paperwork Reduction Act of 1995 (44 applications. The FAA decided, as part comments on foreign experiences with U.S.C. 3507(d)), the FAA has submitted of its proposal, to limit positive differing levels of stringency in their these proposed information collection identification and acceptance of an UAS regulation. The FAA recognizes amendments to OMB for its review. application to those persons who are that several other countries have 1. Obtaining an Unmanned Aircraft either: (1) Already authorized to accept adopted different standards with regard Operator Certificate With a Small UAS and sign airman applications (FAA to the commercial operation of UAS in Rating personnel, DPEs, and ACRs); or (2) are their respective airspaces. Data from already required to verify identity under their experiences regarding safety Summary: The FAA’s statute 125 the TSA’s regulations (CFIs). Knowledge outcomes and economic activity could prohibits a person from serving as an testing centers do not fit into either of form the basis for studying the effect of airman without an airman certificate. these categories, and thus, after these different regulatory approaches. This proposed rule would create a new considering the alternative of allowing D. Unfunded Mandates Assessment airman certificate for small UAS them to accept airman applications, the operators to satisfy the statutory FAA decided not to include this Title II of the Unfunded Mandates requirement. The airman certificate alternative in the NPRM. Reform Act of 1995 (Pub. L. 104–4) • would be called an unmanned aircraft Allowing individuals who have requires each Federal agency to prepare operator certificate with a small UAS been conducting UAS operations under a written statement assessing the effects rating, and in order to obtain it, a person a COA as a non-military UAS operator of any Federal mandate in a proposed or would have to: (1) Take and pass an to take a recurrent test instead of an final agency rule that may result in an aeronautical knowledge test; and (2) initial test in order to obtain an expenditure of $100 million or more (in submit an application for the certificate. unmanned aircraft operator certificate 1995 dollars) in any one year by State, with a small UAS rating. However, the To take and pass an aeronautical local, and tribal governments, in the knowledge test, a person would have to: FAA decided not to include this aggregate, or by the private sector; such provision in the proposed rule because: (1) Apply to take the test at an FAA- a mandate is deemed to be a ‘‘significant approved Knowledge Testing Center; (2) (1) There is no formally recognized regulatory action.’’ The FAA currently recordation system for non-military spend time taking the test; and (3) uses an inflation-adjusted value of obtain an airman knowledge test report COA pilots as there is for military pilots; $151.0 million in lieu of $100 million. and (2) non-military COA pilots are showing that he or she passed the test. This proposed rule does not contain After passing a knowledge test, the currently subject to different such a mandate; therefore, the requirements than military COA pilots person would then apply for the requirements of Title II of the Act do not certificate by: (1) Filling out and for operations above 400 feet AGL. apply. Therefore this proposed rule would submitting an application for the have a significant positive economic E. Paperwork Reduction Act certificate, which would include a impact on a substantial number of small certification stating that the applicant is The Paperwork Reduction Act of 1995 entities. The FAA solicits comments physically capable of safely operating a (44 U.S.C. 3507(d)) requires that the regarding this determination. small UAS; and (2) attaching a copy of FAA consider the impact of paperwork the airman knowledge test report to the C. International Trade Impact and other information collection application. Assessment burdens imposed on the public. According to the 1995 amendments to The above requirements would not The Trade Agreements Act of 1979 result in a new collection of (Pub. L. 96–39), as amended by the the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an agency may not information, but would instead expand Uruguay Round Agreements Act (Pub. an existing OMB-approved collection of L. 103–465), prohibits Federal agencies collect or sponsor the collection of information, nor may it impose an information that is approved under from establishing standards or engaging OMB control number 2120–0021. This in related activities that create information collection requirement unless it displays a currently valid collection of information governs unnecessary obstacles to the foreign information that the FAA collects to commerce of the United States. Office of Management and Budget (OMB) control number. certificate pilots and flight instructors. Pursuant to these Acts, the The above requirements would increase establishment of standards is not This action contains the following the burden of this already-existing considered an unnecessary obstacle to proposed information collection collection of information. the foreign commerce of the United requirements: States, so long as the standard has a • Submission of an application for an Use: The above requirements would legitimate domestic objective, such as unmanned aircraft operator certificate be used by the FAA to issue airman the protection of safety, and does not with a small UAS rating; certificates to UAS operators in order to operate in a manner that excludes • submission of an application to satisfy the statutory requirement that an imports that meet this objective. The register a small unmanned aircraft; and airman must possess an airman statute also requires consideration of • reporting any accident that results certificate. international standards and, where in injury to a person or damage to Estimate of Increase in Annualized appropriate, that they be the basis for property other than the small unmanned Burden (there are 7,896 unique U.S. standards. aircraft. applicants):

125 49 U.S.C. 44711(a)(2)(A).

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2. Registering a Small Unmanned owner would have to submit to the FAA information that the FAA collects in Aircraft an Aircraft Registration Application order to register an aircraft. The above providing information about the aircraft requirements would increase the burden 126 Summary: The FAA’s statute and contact information for the aircraft of this already-existing collection of prohibits the operation of an aircraft owner. This registration would need to information. unless the aircraft is registered. be renewed every three years. Use: The above requirements would Pursuant to this statutory prohibition, The above requirements would not this proposed rule would require small result in a new collection of be used by the FAA to register small unmanned aircraft to be registered with information, but would instead expand unmanned aircraft in order to satisfy the the FAA using the current registration an existing OMB-approved collection of statutory requirement that an aircraft process found in 14 CFR part 47. In information that is approved under must be registered in order to operate. order to register a small unmanned OMB control number 2120–0042. This Estimate of Increase in Annualized aircraft with the FAA, the aircraft’s collection of information governs Burden:

3. Accident Reporting be triggered only during operations that rate for general aviation pilots by the Summary: To ensure proper oversight result in injury to a person or property total number of hours and estimated of small UAS operations, this proposed damage. that an accident would occur .001% of rule would require a small UAS Use: The above requirements would the time. Applying .001% to the small operator to report to the FAA any small be used by the FAA to ensure proper UAS in the analysis interval shows that UAS operation that results in: (1) Any oversight of small UAS operations. A the probability of an accident where injury to a person; or (2) damage to report of an accident that resulted in an property damage, injury, or death occurs property other than the small unmanned injury to a person or property damage is negligible; therefore the FAA aircraft. After receiving this report, the may serve to initiate an FAA estimates that there are no costs for this FAA may conduct further investigation investigation into whether FAA provision. to determine whether any FAA regulations were violated. 4. Total Annualized Burden Estimate regulations were violated. This Annualized Burden Estimate: proposed requirement would constitute There is one page of paperwork The total annualized burden estimate a new collection of information. associated with reporting an accident. of the information-collection However, the FAA emphasizes that this The FAA calculated the probability of requirements associated with this proposed reporting requirement would an accident by dividing the accident proposed rule is as follows:

126 49 U.S.C. 44101.

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The agency is soliciting comments Order 13609, and has determined that B. Executive Order 13211, Regulations to— this action would have no effect on That Significantly Affect Energy Supply, • Evaluate whether the proposed international regulatory cooperation. Distribution, or Use information requirement is necessary for G. Environmental Analysis The FAA analyzed this proposed rule the proper performance of the functions under Executive Order 13211, Actions of the agency, including whether the FAA Order 1050.1E identifies FAA Concerning Regulations that information will have practical utility; Significantly Affect Energy Supply, • Evaluate the accuracy of the actions that are categorically excluded Distribution, or Use (May 18, 2001). The agency’s estimate of the burden; from preparation of an environmental agency has determined that it would not • Enhance the quality, utility, and assessment or environmental impact be a ‘‘significant energy action’’ under clarity of the information to be statement under the National the executive order and would not be collected; and Environmental Policy Act in the • Minimize the burden of collecting absence of extraordinary circumstances. likely to have a significant adverse effect information on those who are to The FAA has determined this on the supply, distribution, or use of respond, including by using appropriate rulemaking action qualifies for the energy. automated, electronic, mechanical, or categorical exclusion identified in VI. Additional Information other technological collection paragraph 312f and involves no techniques or other forms of information extraordinary circumstances. A. Comments Invited technology. The FAA invites interested persons to Individuals and organizations may H. Regulations Affecting Intrastate participate in this rulemaking by send comments on the information Aviation in Alaska submitting written comments, data, or collection requirement to the address Section 1205 of the FAA views. The agency also invites listed in the ADDRESSES section at the Reauthorization Act of 1996 (110 Stat. comments relating to the economic, beginning of this preamble by April 24, 3213) requires the Administrator, when environmental, energy, or federalism 2015. Comments also should be impacts that might result from adopting modifying 14 CFR regulations in a submitted to the Office of Management the proposals in this document. The manner affecting intrastate aviation in and Budget, Office of Information and most helpful comments reference a Alaska, to consider the extent to which Regulatory Affairs, Attention: Desk specific portion of the proposal, explain Alaska is not served by transportation Officer for FAA, New Executive Office the reason for any recommended modes other than aviation, and to Building, Room 10202, 725 17th Street change, and include supporting data. To NW., Washington, DC 20053. establish appropriate regulatory ensure the docket does not contain distinctions. Because this proposed rule duplicate comments, commenters F. International Compatibility and would limit small unmanned aircraft should send only one copy of written Cooperation operations to daylight hours only, it comments, or if comments are filed In keeping with U.S. obligations could, if adopted, affect intrastate electronically, commenters should under the Convention on International aviation in Alaska. The FAA, therefore, submit only one time. Civil Aviation, it is FAA policy to specifically requests comments on The FAA will file in the docket all conform to International Civil Aviation whether there is justification for comments it receives, as well as a report Organization (ICAO) Standards and applying the proposed rule differently summarizing each substantive public Recommended Practices to the in intrastate operations in Alaska. contact with FAA personnel concerning maximum extent practicable. The FAA V. Executive Order Determinations this proposed rulemaking. Before acting has determined that there are no ICAO on this proposal, the FAA will consider Standards and Recommended Practices A. Executive Order 13132, Federalism all comments it receives on or before the that correspond to these proposed closing date for comments. The FAA regulations. The FAA has analyzed this proposed will consider comments filed after the Additionally, Executive Order 13609, rule under the principles and criteria of comment period has closed if it is Promoting International Regulatory Executive Order 13132, Federalism. The possible to do so without incurring Cooperation, promotes international agency has determined that this action expense or delay. The agency may regulatory cooperation to meet shared would not have a substantial direct change this proposal in light of the challenges involving health, safety, effect on the States, or the relationship comments it receives. labor, security, environmental, and between the Federal Government and other issues and to reduce, eliminate, or the States, or on the distribution of B. Availability of Rulemaking prevent unnecessary differences in power and responsibilities among the Documents regulatory requirements. The FAA has various levels of government, and, An electronic copy of rulemaking analyzed this action under the policies therefore, would not have Federalism documents may be obtained from the and agency responsibilities of Executive implications. Internet by—

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1. Searching the Federal eRulemaking proposes to amend chapter I of title 14, to aircraft subject to part 107 of this Portal (http://www.regulations.gov); Code of Federal Regulations as follows: chapter. 2. Visiting the FAA’s Regulations and Policies Web page at http:// PART 21—CERTIFICATION PART 47—AIRCRAFT REGISTRATION www.faa.gov/regulations_policies or PROCEDURES FOR PRODUCTS AND ■ 3. Accessing the Government Printing PARTS 7. The authority citation for part 47 is revised to read as follows: Office’s Web page at http:// ■ www.gpo.gov/fdsys/. 1. The authority citation for part 21 is Authority: 4 U.S.T. 1830; Pub. L. 108–297, Copies may also be obtained by revised to read as follows: 118 Stat. 1095 (49 U.S.C. 40101 note, 49 sending a request to the Federal Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), U.S.C. 44101 note); 49 U.S.C. 106(f), 106(g), Aviation Administration, Office of 106(g), 40101 note, 40105, 40113, 44701– 40113–40114, 44101–44108, 44110–44113, Rulemaking, ARM–1, 800 Independence 44702, 44704, 44707, 44709, 44711, 44713, 44703–44704, 44713, 45302, 46104, 46301. 44715, 45303; Sec. 333 of Pub. L. 112–95. Avenue SW., Washington, DC 20591, or ■ 8. Amend § 47.15 by revising by calling (202) 267–9680. Commenters ■ 2. Amend § 21.1 by revising paragraph paragraph (a) introductory text to read must identify the docket or notice (a) introductory text to read as follows: as follows: number of this rulemaking. § 21.1 Applicability and definitions. All documents the FAA considered in § 47.15 Registration number. (a) Except for aircraft subject to the developing this proposed rule, (a) Number required. An applicant for provisions of part 107 of this chapter, including economic analyses and aircraft registration must place a U.S. this part prescribes— technical reports, may be accessed from registration number (registration mark) the Internet through the Federal * * * * * on the Aircraft Registration Application, eRulemaking Portal referenced in item PART 43—MAINTENANCE, AC Form 8050–1, and on any evidence (1) above. PREVENTIVE MAINTENANCE, submitted with the application. There is List of Subjects REBUILDING, AND ALTERATION no charge for the assignment of numbers provided in this paragraph. This 14 CFR Part 21 ■ 3. The authority citation for part 43 is paragraph does not apply to an aircraft Aircraft, Aviation safety, Recording revised to read as follows: manufacturer who applies for a group of and recordkeeping requirements. Authority: 49 U.S.C. 106(f), 106(g), 40113, U.S. registration numbers under 44701, 44703, 44705, 44707, 44711, 44713, paragraph (c) of this section; a person 14 CFR Part 43 44717, 44725. who applies for a special registration Aircraft, Aviation safety, Reporting ■ 4. Amend § 43.1 by revising paragraph number under paragraphs (d) through (f) and recordkeeping requirements. (b) to read as follows: of this section; a holder of a Dealer’s Aircraft Registration Certificate, AC 14 CFR Part 45 § 43.1 Applicability. Form 8050–6, who applies for a Aircraft, Signs and symbols. * * * * * temporary registration number under (b) This part does not apply to— § 47.16; or an owner of a small 14 CFR Part 47 (1) Any aircraft for which the FAA unmanned aircraft weighing less than Aircraft, Reporting and recordkeeping has issued an experimental certificate, 55 pounds that has not previously been requirements. unless the FAA has previously issued a registered anywhere. 14 CFR Part 61 different kind of airworthiness * * * * * certificate for that aircraft; Aircraft, Airmen, Alcohol abuse, (2) Any aircraft for which the FAA PART 61—CERTIFICATION: PILOTS, Aviation safety, Drug abuse, Recreation has issued an experimental certificate FLIGHT INSTRUCTORS, AND GROUND and recreation areas, Reporting and under the provisions of § 21.191(i)(3) of INSTRUCTORS recordkeeping requirements, Security this chapter, and the aircraft was measures, Teachers. previously issued a special ■ 9. The authority citation for part 61 continues to read as follows: 14 CFR Part 91 airworthiness certificate in the light- sport category under the provisions of Authority: 49 U.S.C. 106(f), 106(g), 40113, Air traffic control, Aircraft, Airmen, § 21.190 of this chapter; or 44701–44703, 44707, 44709–44711, 45102– Airports, Aviation safety, Reporting and (3) Any aircraft subject to the 45103, 45301–45302. recordkeeping requirements. provisions of part 107 of this chapter. ■ 10. Amend § 61.1 by revising 14 CFR Part 101 * * * * * paragraph (a) introductory text to read Aircraft, Aviation Safety. PART 45—IDENTIFICATION AND as follows: 14 CFR Part 107 REGISTRATION MARKING § 61.1 Applicability and definitions. Aircraft, Airmen, Aviation safety, ■ 5. The authority citation for part 45 is (a) Except as provided in part 107 of Reporting and recordkeeping revised to read as follows: this chapter, this part prescribes: requirements, Security measures, Signs Authority: 49 U.S.C. 106(f), 106(g), 40103, * * * * * and symbols, Small unmanned aircraft, 40113–40114, 44101–44105, 44107–44111, ■ 11. Add § 61.8 to read as follows: Unmanned aircraft. 44504, 44701, 44708–44709, 44711–44713, 44725, 45302–45303, 46104, 46304, 46306, § 61.8 Inapplicability of unmanned aircraft 14 CFR Part 183 47122. operations. Airmen, Authority delegations ■ 6. Add § 45.9 to subpart B to read as Any action conducted pursuant to (Government agencies). follows: part 107 of this chapter or Subpart E of The Proposed Amendment § 45.9 Small unmanned aircraft systems. part 101 of this chapter cannot be used to meet the requirements of this part. In consideration of the foregoing, the Notwithstanding any other provision Federal Aviation Administration of this part, this subpart does not apply ■ 12. Revise § 61.193 to read as follows:

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§ 61.193 Flight instructor privileges. applicant in a form and manner Subpart E—Special Rule for Model (a) A person who holds a flight acceptable to the Administrator. Aircraft instructor certificate is authorized within the limitations of that person’s PART 91—GENERAL OPERATING AND § 101.41 Applicability. flight instructor certificate and ratings to FLIGHT RULES This subpart prescribes the rules train and issue endorsements that are governing the operation of a model ■ required for: 14. The authority citation for part 91 aircraft that meets all of the following (1) A student pilot certificate; continues to read as follows: conditions as set forth in section 336 of (2) A pilot certificate; Authority: 49 U.S.C. 106(f), 106(g), 1155, Public Law 112–95: (3) A flight instructor certificate; 40101, 40103, 40105, 40113, 40120, 44101, (a) The aircraft is flown strictly for (4) A ground instructor certificate; 44111, 44701, 44704, 44709, 44711, 44712, hobby or recreational use; (5) An aircraft rating; 44715, 44716, 44717, 44722, 46306, 46315, (b) The aircraft is operated in (6) An instrument rating; 46316, 46504, 46506–46507, 47122, 47508, accordance with a community-based set (7) A flight review, operating 47528–47531, 47534, articles 12 and 29 of the of safety guidelines and within the privilege, or recency of experience Convention on International Civil Aviation programming of a nationwide requirement of this part; (61 Stat. 1180), (126 Stat. 11). community-based organization; (8) A practical test; and ■ (c) The aircraft is limited to not more 15. Amend § 91.1 by revising than 55 pounds unless otherwise (9) A knowledge test. paragraph (a) introductory text and (b) A person who holds a flight certified through a design, construction, adding paragraph (e) to read as follows: instructor certificate is authorized to inspection, flight test, and operational accept an application for an unmanned § 91.1 Applicability. safety program administered by a aircraft operator certificate with a small community-based organization; UAS rating and verify the identity of the (a) Except as provided in paragraphs (d) The aircraft is operated in a applicant in a form and manner (b), (c), and (e) of this section and manner that does not interfere with and acceptable to the Administrator. §§ 91.701 and 91.703, this part gives way to any manned aircraft; and prescribes rules governing the operation (e) When flown within 5 miles of an ■ 13. Revise § 61.413 to read as follows: of aircraft within the United States, airport, the operator of the aircraft § 61.413 What are the privileges of my including the waters within 3 nautical provides the airport operator and the flight instructor certificate with a sport pilot miles of the U.S. coast. airport air traffic control tower (when an rating? * * * * * air traffic facility is located at the (a) If you hold a flight instructor (e) Except as provided in §§ 107.27, airport) with prior notice of the certificate with a sport pilot rating, you 107.47, 107.57, and 107.59 of this operation. are authorized, within the limits of your chapter, this part does not apply to any § 101.43 Endangering the safety of the certificate and rating, to provide training aircraft or vehicle governed by part 103 National Airspace System. and endorsements that are required for, of this chapter, part 107 of this chapter, No person may operate model aircraft and relate to— or subparts B, C, or D of part 101 of this so as to endanger the safety of the (1) A student pilot seeking a sport chapter. national airspace system. pilot certificate; (2) A sport pilot certificate; PART 101—MOORED BALLOONS, ■ 19. Add part 107 to read as follows: (3) A flight instructor certificate with KITES, AMATEUR ROCKETS AND PART 107—SMALL UNMANNED a sport pilot rating; UNMANNED FREE BALLOONS (4) A powered parachute or weight- AIRCRAFT SYSTEMS shift-control aircraft rating; ■ 16. The authority citation for part 101 Subpart A—General (5) Sport pilot privileges; is revised to read as follows: (6) A flight review or operating Sec. Authority: 49 U.S.C. 106(f), 106(g), 40101 privilege for a sport pilot; 107.1 Applicability. note, 40103, 40113–40114, 45302, 44502, 107.3 Definitions. (7) A practical test for a sport pilot 44514, 44701–44702, 44721, 46308, Sec. certificate, a private pilot certificate 107.5 Falsification, reproduction or 336(b), Pub. L. 112–95. alteration. with a powered parachute or weight- 107.7 Inspection, testing, and ■ shift-control aircraft rating or a flight 17. Amend § 101.1 by adding demonstration of compliance. instructor certificate with a sport pilot paragraph (a)(5) to read as follows: 107.9 Accident reporting. rating; (8) A knowledge test for a sport pilot § 101.1 Applicability. Subpart B—Operating Rules certificate, a private pilot certificate (a) * * * 107.11 Applicability. with a powered parachute or weight- 107.13 Registration, certification, and (5) Any model aircraft that meets the shift-control aircraft rating or a flight airworthiness directives. conditions specified in § 101.41. For 107.15 Civil small unmanned aircraft instructor certificate with a sport pilot purposes of this part, a model aircraft is system airworthiness. rating; and an unmanned aircraft that is: 107.17 Medical condition. (9) A proficiency check for an 107.19 Responsibility of the operator. additional category or class privilege for (i) Capable of sustained flight in the 107.21 Maintenance and inspection. a sport pilot certificate or a flight atmosphere; 107.23 Hazardous operation. instructor certificate with a sport pilot (ii) Flown within visual line of sight 107.25 Operation from a moving vehicle or rating. of the person operating the aircraft; and aircraft. (b) A person who holds a flight 107.27 Alcohol or drugs. (iii) Flown for hobby or recreational instructor certificate with a sport pilot 107.29 Daylight operation. purposes. 107.31 Visual line of sight aircraft rating is authorized to accept an * * * * * operation. application for an unmanned aircraft 107.33 Visual observer. operator certificate with a small UAS ■ 18. Add subpart E, consisting of 107.35 Operation of multiple small rating and verify the identity of the §§ 101.41 and 101.43, to read as follows: unmanned aircraft systems.

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107.37 Operation near aircraft; right-of-way Control station means an interface system must, upon request, allow the rules. used by the operator to control the flight Administrator to make any test or 107.39 Operation over people. path of the small unmanned aircraft. inspection of the small unmanned 107.41 Operation in certain airspace. Corrective lenses means spectacles or aircraft system, the operator, and, if 107.45 Operation in prohibited or restricted contact lenses. applicable, the visual observer to areas. Operator means a person who 107.47 Flight restrictions in the proximity determine compliance with this part. manipulates the flight controls of a of certain areas designated by notice to § 107.9 Accident reporting. airmen. small unmanned aircraft system. 107.49 Preflight familiarization, inspection, Small unmanned aircraft means an No later than 10 days after an and actions for aircraft operation. unmanned aircraft weighing less than operation that meets the criteria of 107.51 Operating limitations for small 55 pounds including everything that is either paragraph (a) or (b) of this unmanned aircraft. on board the aircraft. section, an operator must report to the Subpart C—Operator Certification Small unmanned aircraft system nearest Federal Aviation Administration (small UAS) means a small unmanned Flight Standards District Office any 107.53 Applicability. aircraft and its associated elements operation of the small unmanned 107.57 Offenses involving alcohol or drugs. 107.59 Refusal to submit to an alcohol test (including communication links and the aircraft that involves the following: or to furnish test results. components that control the small (a) Any injury to any person; or 107.61 Eligibility. unmanned aircraft) that are required for (b) Damage to any property, other 107.63 Issuance of an unmanned aircraft the safe and efficient operation of the than the small unmanned aircraft. operator certificate with a small UAS small unmanned aircraft in the national rating. airspace system. Subpart B—Operating Rules 107.65 Aeronautical knowledge recency. Unmanned aircraft means an aircraft § 107.11 Applicability. 107.67 Knowledge tests: General operated without the possibility of procedures and passing grades. direct human intervention from within This subpart applies to the operation 107.69 Knowledge tests: Cheating or other or on the aircraft. of all civil small unmanned aircraft unauthorized conduct. Visual observer means a person who systems to which this part applies. 107.71 Retesting after failure. 107.73 Initial and recurrent knowledge assists the small unmanned aircraft § 107.13 Registration, certification, and tests. operator to see and avoid other air airworthiness directives. 107.75 Military pilots or former military traffic or objects aloft or on the ground. No person may operate a civil small pilots. § 107.5 Falsification, reproduction or unmanned aircraft system for purposes 107.77 Change of name or address. alteration. of flight unless: 107.79 Voluntary surrender of certificate. (a) No person may make or cause to (a) That person has an unmanned Subpart D—Small Unmanned Aircraft be made— aircraft operator certificate with a small Registration and Identification. (1) Any fraudulent or intentionally UAS rating issued pursuant to subpart 107.87 Applicability. false record or report that is required to C of this part and satisfies the 107.89 Registration and identification. be made, kept, or used to show requirements of § 107.65; Authority: 49 U.S.C. 106(f), 40101 note, compliance with any requirement under (b) The small unmanned aircraft being 40103(b), 44701(a)(5); Sec. 333 of Pub. L. this part. operated has been registered with the 112–95. (2) Any reproduction or alteration, for FAA pursuant to subpart D of this part; fraudulent purpose, of any certificate, (c) The small unmanned aircraft being Subpart A—General rating, authorization, record or report operated displays its registration number in the manner specified in § 107.1 Applicability. under this part. (b) The commission by any person of subpart D of this part; and (a) Except as provided in paragraph an act prohibited under paragraph (a) of (d) The owner or operator of the small (b) of this section, this part applies to this section is a basis for denying an unmanned aircraft system complies the registration, airman certification, application for certificate, or suspending with all applicable airworthiness and operation of civil small unmanned or revoking the applicable certificate or directives. aircraft systems within the United waiver issued by the Administrator § 107.15 Civil small unmanned aircraft States. under this part and held by that person. (b) This part does not apply to the system airworthiness. following: § 107.7 Inspection, testing, and (a) No person may operate a civil (1) Air carrier operations; demonstration of compliance. small unmanned aircraft system unless (2) Any aircraft subject to the (a) An operator or owner of a small it is in a condition for safe operation. provisions of part 101 of this chapter; unmanned aircraft system must, upon This condition must be determined (3) Any aircraft conducting an request, make available to the during the preflight check required external load operation; Administrator: under § 107.49 of this part. (4) Any aircraft towing another (1) The operator’s unmanned aircraft (b) The operator must discontinue the aircraft or object; or operator certificate with a small UAS flight when he or she knows or has (5) Any aircraft that does not meet the rating; reason to know that continuing the criteria specified in § 47.3 of this (2) The certificate of aircraft flight would pose a hazard to other chapter. registration for the small unmanned aircraft, people, or property. aircraft system being operated; and § 107.3 Definitions. (3) Any other document, record, or § 107.17 Medical condition. The following definitions apply to report required to be kept by an operator No person may act as an operator or this part. If there is a conflict between or owner of a small unmanned aircraft visual observer if he or she knows or has the definitions of this part and system under the regulations of this reason to know that he or she has a definitions specified in § 1.1 of this chapter. physical or mental condition that would chapter, the definitions in this part (b) The operator, visual observer, or interfere with the safe operation of a control for purposes of this part: owner of a small unmanned aircraft small unmanned aircraft system.

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§ 107.19 Responsibility of the operator. § 107.33 Visual observer. § 107.41 Operation in certain airspace. (a) The operator is directly If a visual observer is used during the (a) A small unmanned aircraft may responsible for, and is the final aircraft operation, all of the following not operate in Class A airspace. authority as to the operation of the small requirements must be met: (b) A small unmanned aircraft may unmanned aircraft system. (a) The operator and the visual not operate in Class B, Class C, or Class (b) The operator must ensure that the observer must maintain effective D airspace or within the lateral small unmanned aircraft will pose no communication with each other at all boundaries of the surface area of Class undue hazard to other aircraft, people, times. E airspace designated for an airport or property in the event of a loss of (b) The operator must ensure that the unless the operator has prior control of the aircraft for any reason. visual observer is able to see the authorization from the Air Traffic unmanned aircraft in the manner Control (ATC) facility having § 107.21 Maintenance and inspection. specified in §§ 107.31 and 107.37. jurisdiction over that airspace. An operator must: (c) At all times during flight, the small unmanned aircraft must remain close § 107.45 Operation in prohibited or (a) Maintain the system in a condition restricted areas. for safe operation; and enough to the operator for the operator to be capable of seeing the aircraft with No person may operate a small (b) Inspect the small unmanned vision unaided by any device other than unmanned aircraft in prohibited or aircraft system prior to flight to corrective lenses. restricted areas unless that person has determine that the system it is in a (d) The operator and the visual permission from the using or controlling condition for safe operation. observer must coordinate to do the agency, as appropriate. § 107.23 Hazardous operation. following: (1) Scan the airspace where the small § 107.47 Flight restrictions in the proximity No person may: of certain areas designated by notice to unmanned aircraft is operating for any airmen. (a) Operate a small unmanned aircraft potential collision hazard; and system in a careless or reckless manner (2) Maintain awareness of the position No person may operate a small so as to endanger the life or property of of the small unmanned aircraft through unmanned aircraft in areas designated another; or direct visual observation. in a Notice to Airmen under §§ 91.137 (b) Allow an object to be dropped through 91.145, or § 99.7 of this chapter, from a small unmanned aircraft if such § 107.35 Operation of multiple small unless authorized by: action endangers the life or property of unmanned aircraft systems. (a) Air Traffic Control (ATC); or another. A person may not act as an operator (b) A Certificate of Waiver or or visual observer in the operation of Authorization issued by the FAA. § 107.25 Operation from a moving vehicle more than one unmanned aircraft or aircraft. system at the same time. § 107.49 Preflight familiarization, No person may operate a small inspection, and actions for aircraft unmanned aircraft system— § 107.37 Operation near aircraft; right-of- operation. way rules. (a) From a moving aircraft; or (a) Prior to flight, the operator must: (a) Each operator must maintain (b) From a moving vehicle unless that (1) Assess the operating environment, awareness so as to see and avoid other vehicle is moving on water. considering risks to persons and aircraft and vehicles and must yield the property in the immediate vicinity both § 107.27 Alcohol or drugs. right-of-way to all aircraft, airborne on the surface and in the air. This vehicles, and launch and reentry A person acting as an operator or as assessment must include: vehicles. a visual observer must comply with the (i) Local weather conditions; (1) In order to maintain awareness so provisions of §§ 91.17 and 91.19 of this (ii) Local airspace and any flight as to see other aircraft and vehicles, chapter. restrictions; either the operator or a visual observer (iii) The location of persons and must, at each point of the small § 107.29 Daylight operation. property on the surface; and unmanned aircraft’s flight, satisfy the No person may operate a small (iv) Other ground hazards. unmanned aircraft system except criteria specified in § 107.31. (2) Yielding the right-of-way means (2) Ensure that all persons involved in between the hours of official sunrise the small unmanned aircraft operation and sunset. that the small unmanned aircraft must give way to the aircraft or vehicle and receive a briefing that includes § 107.31 Visual line of sight aircraft may not pass over, under, or ahead of operating conditions, emergency operation. it unless well clear. procedures, contingency procedures, (b) No person may operate a small roles and responsibilities, and potential With vision that is unaided by any hazards; device other than corrective lenses, the unmanned aircraft so close to another aircraft as to create a collision hazard. (3) Ensure that all links between operator or visual observer must be able ground station and the small unmanned to see the unmanned aircraft throughout § 107.39 Operation over people. aircraft are working properly; and the entire flight in order to: No person may operate a small (4) If the small unmanned aircraft is (a) Know the unmanned aircraft’s unmanned aircraft over a human being powered, ensure that there is enough location; who is: available power for the small unmanned (b) Determine the unmanned aircraft’s (a) Not directly participating in the aircraft system to operate for the attitude, altitude, and direction; operation of the small unmanned intended operational time and to (c) Observe the airspace for other air aircraft; or operate after that for at least five traffic or hazards; and (b) Not located under a covered minutes. (d) Determine that the unmanned structure that can provide reasonable (b) Each person involved in the aircraft does not endanger the life or protection from a falling small operation must perform the duties property of another. unmanned aircraft. assigned by the operator.

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§ 107.51 Operating limitations for small with § 91.17(c) of this chapter, or a § 107.65 Aeronautical knowledge recency. unmanned aircraft. refusal to furnish or authorize the A person may not operate a small An operator must comply with all of release of the test results requested by unmanned aircraft system unless that the following operating limitations the Administrator in accordance with person has completed one of the when operating a small unmanned § 91.17(c) or (d) of this chapter, is following, within the previous 24 aircraft system: grounds for: calendar months: (a) The airspeed of the small (a) Denial of an application for an (a) Passed an initial aeronautical unmanned aircraft may not exceed 87 unmanned aircraft operator certificate knowledge test covering the areas of knots (100 miles per hour) calibrated with a small UAS rating for a period of knowledge specified in § 107.73(a); or airspeed at full power in level flight; up to 1 year after the date of that refusal; (b) Passed a recurrent aeronautical (b) The altitude of the small or knowledge test covering the areas of unmanned aircraft cannot be higher (b) Suspension or revocation of an knowledge specified in § 107.73(b). than 500 feet (150 meters) above ground unmanned aircraft operator certificate level; with a small UAS rating. § 107.67 Knowledge tests: General (c) The minimum flight visibility, as procedures and passing grades. § 107.61 Eligibility. observed from the location of the (a) Knowledge tests prescribed by or ground control station must be no less Subject to the provisions of §§ 107.57 under this part are given at times and than 3 statute miles (5 kilometers); and and 107.59, in order to be eligible for an places, and by persons designated by (d) The minimum distance of the unmanned aircraft operator certificate the Administrator. small unmanned aircraft from clouds with a small UAS rating under this (b) An applicant for a knowledge test must be no less than: subpart, a person must: must have proper identification at the (1) 500 feet (150 meters) below the (a) Be at least 17 years of age; time of application that contains the cloud; and (b) Be able to read, speak, write, and applicant’s: (2) 2,000 feet (600 meters) understand the English language. If the (1) Photograph; horizontally away from the cloud. applicant is unable to meet one of these (2) Signature; requirements due to medical reasons, (3) Date of birth, which shows the Subpart C—Operator Certification the FAA may place such operating applicant meets or will meet the age limitations on that applicant’s certificate requirements of this part for the § 107.53 Applicability. as are necessary for the safe operation of certificate sought before the expiration This subpart prescribes the the small unmanned aircraft; date of the airman knowledge test requirements for issuing an unmanned (c) Pass an initial aeronautical report; and aircraft operator certificate with a small knowledge test covering the areas of (4) If the permanent mailing address UAS rating. knowledge specified in § 107.73(a); and is a post office box number, then the (d) Not know or have reason to know applicant must provide a current § 107.57 Offenses involving alcohol or that he or she has a physical or mental residential address. drugs. condition that would interfere with the (c) The minimum passing grade for (a) A conviction for the violation of safe operation of a small unmanned the knowledge test will be specified by any Federal or State statute relating to aircraft system. the Administrator. the growing, processing, manufacture, sale, disposition, possession, § 107.63 Issuance of an unmanned aircraft § 107.69 Knowledge tests: Cheating or transportation, or importation of operator certificate with a small UAS rating. other unauthorized conduct. narcotic drugs, marijuana, or depressant An applicant for an unmanned (a) An applicant for a knowledge test or stimulant drugs or substances is aircraft operator certificate with a small may not: grounds for: UAS rating under this subpart must (1) Copy or intentionally remove any (1) Denial of an application for an make the application in a form and knowledge test; unmanned aircraft operator certificate manner acceptable to the Administrator. (2) Give to another applicant or with a small UAS rating for a period of (a) The application must include: receive from another applicant any part up to 1 year after the date of final (1) An airman knowledge test report or copy of a knowledge test; conviction; or showing that the applicant passed an (3) Give assistance on, or receive (2) Suspension or revocation of an initial aeronautical knowledge test, or assistance on, a knowledge test during unmanned aircraft operator certificate recurrent aeronautical knowledge test the period that test is being given; with a small UAS rating. for those individuals that satisfy the (4) Take any part of a knowledge test (b) Committing an act prohibited by requirements of § 107.75; and on behalf of another person; § 91.17(a) or § 91.19(a) of this chapter is (2) A certification signed by the (5) Be represented by, or represent, grounds for: applicant stating that the applicant does another person for a knowledge test; (1) Denial of an application for an not know or have reason to know that (6) Use any material or aid during the unmanned aircraft operator certificate he or she has a physical or mental period that the test is being given, with a small UAS rating for a period of condition that would interfere with the unless specifically authorized to do so up to 1 year after the date of that act; safe operation of a small unmanned by the Administrator; and or aircraft system. (7) Intentionally cause, assist, or (2) Suspension or revocation of an (b) The application must be submitted participate in any act prohibited by this unmanned aircraft operator certificate to a Flight Standards District Office, a paragraph. with a small UAS rating. designated pilot examiner, an airman (b) An applicant who the certification representative for a pilot Administrator finds has committed an § 107.59 Refusal to submit to an alcohol school, a certified flight instructor, or act prohibited by paragraph (a) of this test or to furnish test results. other person authorized by the section is prohibited, for 1 year after the A refusal to submit to a test to Administrator. The person accepting the date of committing that act, from: indicate the percentage by weight of application submission must verify the (1) Applying for any certificate, rating, alcohol in the blood, when requested by identity of the applicant in a manner or authorization issued under this a law enforcement officer in accordance acceptable to the Administrator. chapter; and

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(2) Applying for and taking any test a U.S. military unmanned aircraft pilot § 107.79 Voluntary surrender of certificate. under this chapter. or operator or former U.S. military (a) The holder of a certificate issued (c) Any certificate or rating held by an unmanned aircraft pilot or operator who under this subpart may voluntarily applicant may be suspended or revoked meets the requirements of this section surrender it for cancellation. if the Administrator finds that person may apply, on the basis of his or her has committed an act prohibited by U.S. military unmanned aircraft pilot or (b) Any request made under paragraph (a) of this section. operator qualifications, for an paragraph (a) of this section must unmanned aircraft operator certificate include the following signed statement § 107.71 Retesting after failure. with small UAS rating issued under this or its equivalent: ‘‘I voluntarily An applicant for a knowledge test part. surrender my unmanned aircraft who fails that test may not reapply for (b) Military unmanned aircraft pilots operator certificate with a small UAS the test for 14 calendar days after failing or operators and former military rating for cancellation. This request is the test. unmanned aircraft pilots or operators in made for my own reasons, with full knowledge that my certificate will not § 107.73 Initial and recurrent knowledge the U.S. Armed Forces. A person who tests. qualifies as a U.S. military unmanned be reissued to me unless I again complete the requirements specified in (a) An initial aeronautical knowledge aircraft pilot or operator or former U.S. §§ 107.61 and 107.63.’’ test covers the following areas of military unmanned aircraft pilot or knowledge: operator may apply for an unmanned aircraft operator certificate with a small Subpart D—Small Unmanned Aircraft (1) Applicable regulations relating to Registration and Identification small unmanned aircraft system rating UAS rating if that person— privileges, limitations, and flight (1) Passes a recurrent aeronautical § 107.87 Applicability. operation; knowledge test covering the areas of (2) Airspace classification and knowledge specified in § 107.73(b); and This subpart prescribes the rules governing the registration and operating requirements, obstacle (2) Presents evidentiary documents identification of all civil small clearance requirements, and flight that show: restrictions affecting small unmanned unmanned aircraft to which this part (i) The person’s status in the U.S. applies. aircraft operation; Armed Forces; (3) Official sources of weather and (ii) That the person is or was a U.S. § 107.89 Registration and identification. effects of weather on small unmanned military unmanned aircraft pilot or aircraft performance; (a) All small unmanned aircraft must operator. (4) Small unmanned aircraft system be registered in accordance with part 47 loading and performance; § 107.77 Change of name or address. of this chapter. (5) Emergency procedures; (a) Change of Name. An application to (b) All small unmanned aircraft must (6) Crew resource management; change the name on a certificate issued display their nationality and registration (7) Radio communication procedures; under this subpart must be marks in accordance with the (8) Determining the performance of accompanied by the applicant’s: requirements of subpart C of part 45 of small unmanned aircraft; this chapter. (9) Physiological effects of drugs and (1) Operator certificate; and alcohol; (2) A copy of the marriage license, PART 183—REPRESENTATIVES OF (10) Aeronautical decision-making court order, or other document verifying THE ADMINISTRATOR and judgment; and the name change. (11) Airport operations. (b) The documents in paragraph (a) of ■ 20. The authority citation for part 183 (b) A recurrent aeronautical this section will be returned to the is revised to read as follows: knowledge test covers the following applicant after inspection. areas of knowledge: Authority: 31 U.S.C. 9701; 49 U.S.C. 106(f), (c) Change of address. The holder of 106(g), 40113, 44702, 45303. (1) Applicable regulations relating to an unmanned aircraft operator small unmanned aircraft system rating certificate issued under this subpart ■ 21. Amend § 183.23 by revising privileges, limitations, and flight who has made a change in permanent paragraphs (b) and (c) and adding operation; mailing address may not, after 30 days paragraph (d) to read as follows: (2) Airspace classification and from that date, exercise the privileges of operating requirements, obstacle the certificate unless the holder has § 183.23 Pilot examiners. clearance requirements, and flight notified the FAA of the change in * * * * * restrictions affecting small unmanned address using one of the following (b) Under the general supervision of aircraft operation; methods: (3) Official sources of weather; the appropriate local Flight Standards (1) By letter to the FAA Airman (4) Emergency procedures; Inspector, conduct those tests; Certification Branch, P.O. Box 25082, (5) Crew resource management; (c) In the discretion of the appropriate Oklahoma City, OK 73125 providing the (6) Aeronautical decision-making and local Flight Standards Inspector, issue new permanent mailing address, or if judgment; and temporary pilot certificates and ratings the permanent mailing address includes (7) Airport operations. to qualified applicants; and a post office box number, then the § 107.75 Military pilots or former military holder’s current residential address; or (d) Accept an application for an pilots. (2) By using the FAA Web site portal unmanned aircraft operator certificate (a) General. Except for a person who at www.faa.gov providing the new with a small UAS rating and verify the has been removed from unmanned permanent mailing address, or if the identity of the applicant in a form and aircraft flying status for lack of permanent mailing address includes a manner acceptable to the Administrator. proficiency or because of a disciplinary post office box number, then the Issued under the authority provided by 49 action involving any aircraft operation, holder’s current residential address. U.S.C. 106(f), 40101 note; and Sec. 333 of

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Public Law 112–95, in Washington, DC, on February 15, 2015. Anthony R. Foxx, Secretary of Transportation. Michael P. Huerta, Administrator. [FR Doc. 2015–03544 Filed 2–18–15; 11:15 am] BILLING CODE 4910–13–P

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Reader Aids Federal Register Vol. 80, No. 35 Monday, February 23, 2015

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 431...... 6016, 6182 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 460...... 7550 The United States Government Manual 741–6000 Proclamations: 9229...... 6419 12 CFR Other Services 9230...... 6421 217...... 5666 Electronic and on-line services (voice) 741–6020 9231...... 6423 Privacy Act Compilation 741–6064 1024...... 8767 Executive Orders: 1026...... 8767 Public Laws Update Service (numbers, dates, etc.) 741–6043 12829 (amended by TTY for the deaf-and-hard-of-hearing 741–6086 13691) ...... 9349 Proposed Rules: Ch. I ...... 7980 13690...... 6425 Ch. II ...... 7980 13691...... 9349 ELECTRONIC RESEARCH 217...... 5694 Administrative Orders: World Wide Web 225...... 5694 Order of February 2, 238...... 5694 Full text of the daily Federal Register, CFR and other publications 2015 ...... 6645 Ch. III ...... 7980 is located at: www.fdsys.gov. Notice of February 4, 1005...... 6468 2015 ...... 6647 1026...... 6468, 7770 Federal Register information and research tools, including Public Memorandums: Inspection List, indexes, and Code of Federal Regulations are Memorandum of 13 CFR located at: www.ofr.gov. February 15, 2015 ...... 9355 121...... 7533 E-mail 5 CFR Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 532...... 5451 121...... 6618 an open e-mail service that provides subscribers with a digital 2429...... 9189 124...... 6618 form of the Federal Register Table of Contents. The digital form 3101...... 7797 125...... 6618 of the Federal Register Table of Contents includes HTML and Proposed Rules: 126...... 6618 PDF links to the full text of each document. 532...... 5487 127...... 6618 To join or leave, go to http://listserv.access.gpo.gov and select Ch. XLII...... 5715 134...... 6618 Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 7 CFR 14 CFR PENS (Public Law Electronic Notification Service) is an e-mail 205...... 6429 25...... 6435 service that notifies subscribers of recently enacted laws. 3434...... 5895 39 ...... 5452, 5454, 5670, 5900, 5902, 5905, 5906, 5909, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 5911, 5915, 6649, 6897, and select Join or leave the list (or change settings); then follow 318...... 6665 7285, 7288, 7290, 7298, the instructions. 319...... 6665, 8561 930...... 8817 7300, 8511, 8513, 8516, FEDREGTOC-L and PENS are mailing lists only. We cannot 1000...... 7549 9380, 9382 respond to specific inquiries. 1001...... 7549 71...... 8239, 8240 Reference questions. Send questions and comments about the 1005...... 7549 91...... 5918, 6899 Federal Register system to: [email protected] 1006...... 7549 93...... 8242 The Federal Register staff cannot interpret specific documents or 1007...... 7549 Proposed Rules: regulations. 1030...... 7549 21...... 9544 1032...... 7549 39 ...... 5489, 6017, 7986, 7989, CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1033...... 7549 7992, 8564, 8566, 8568, longer appears in the Federal Register. This information can be 1124...... 7549 8571, 8575, 8821, 9400 found online at http://bookstore.gpo.gov/. 1126...... 7549 43...... 9544 1131...... 7549 45...... 9544 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 1206...... 7811 47...... 9544 61...... 9544 5451–5664...... 2 1212...... 7811 91...... 9544 5665–5894...... 3 9 CFR 101...... 9544 5895–6428...... 4 107...... 9544 6429–6644...... 5 78...... 5665 183...... 9544 6645–6896...... 6 97...... 5665 6897–7284...... 9 201...... 6430 7285–7532...... 10 15 CFR 10 CFR 7533–7796...... 11 30...... 6900 7797–7966...... 12 72...... 6430 730...... 8519 7967–8238...... 13 430...... 5896 740...... 8520 8239–8510...... 17 810...... 9359 742...... 8520 8511–8766...... 18 Proposed Rules: 744...... 8519, 8524 8767–9188...... 19 72...... 6466 922...... 8778 9189–9358...... 20 429...... 5994 Proposed Rules: 9359–9590...... 23 430 ...... 5994, 7082, 7550, 9399 922...... 5699

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16 CFR 27 CFR 39 CFR 42 CFR Proposed Rules: 9...... 6902, 8529 20...... 5683, 5688 401...... 8247 Ch. I ...... 5713 Proposed Rules: 111...... 5691 405...... 8247 500...... 5491 4...... 6931 241...... 9190 406...... 7975 502...... 5491 Proposed Rules: 407...... 7975 1120...... 5701 28 CFR 111...... 6574 408...... 7975 417...... 7912 17 CFR Proposed Rules: 11...... 8580 40 CFR 422...... 7912 200...... 6902 423...... 7912 229...... 6652 29 CFR 9...... 5457 Proposed Rules: 230...... 6652 1952...... 6652 51...... 7336, 8787 11...... 8030 232...... 6652 2520...... 5626 52 ...... 5471, 6455, 6907, 7336, Proposed Rules: 4022...... 7967 7341, 7345, 7347, 7803, 45 CFR 7805, 8547, 8550, 9194, 229...... 8486 Proposed Rules: 1305...... 7368 9202, 9204, 9207 240...... 8486 Subtitle A ...... 5715 1321...... 7704 59...... 9078 Ch. II ...... 5715 1327...... 7704 18 CFR 60...... 5475, 8799 Ch. IV...... 5715 1611...... 5485 61...... 5475, 8799 157...... 7302 Ch. V...... 5715 62...... 5483 Proposed Rules: 1614...... 6669 1355...... 7132 19 CFR 63 ...... 5475, 5938, 8799 Ch. XVII ...... 5715 1640...... 5716 7...... 7537 80...... 6658, 9078 Ch. XXV...... 5715 10...... 7303 81 ...... 7347, 7540, 7970, 9207 46 CFR 24...... 7303 30 CFR 85...... 9078 162...... 7303 86...... 9078 Proposed Rules: 700...... 6435 163...... 7303, 7537 174...... 9387 8...... 9152 875...... 6435 178...... 7303, 7537 180 .....5941, 5946, 5952, 7541, 10...... 8586 877...... 6435 7971, 9209, 9215, 9390 61...... 6679 Proposed Rules: 879...... 6435 300...... 5957, 6458 62...... 6679 Ch. II ...... 6649 884...... 6435 201...... 6649 600...... 9078 197...... 9152 885...... 6435 206...... 6649 721...... 5457 47 CFR 208...... 6649 Proposed Rules: 1037...... 9078 213...... 6649 Ch. I ...... 5715 1043...... 9078 1...... 7547 100...... 7393 1051...... 9078 2...... 8248 20 CFR 816...... 9256 1054...... 9078 43...... 7547 Proposed Rules: 817...... 9256 1060...... 9078 54...... 5961 Ch. IV...... 5715 1202...... 7994 1065...... 9078 63...... 7547 Ch. V...... 5715 1206...... 7994 1066...... 9078 73...... 7977, 9392 Proposed Rules: Ch. VI...... 5715 31 CFR Proposed Rules: Ch. VII...... 5715 51...... 6481 1...... 7400 50...... 6656 Ch. IX...... 5715 52 ...... 5497, 6109, 6485, 6491, 20...... 6496 538...... 8531 6672, 7398, 7399, 7555, 25...... 8031 21 CFR 27...... 7400 33 CFR 7813, 8018, 8250, 8254, 312...... 7318 9258, 9259, 9423 73 ...... 7400, 7562, 8031 100...... 7797 870...... 5674 59...... 8826 76...... 8031 117 .....5457, 6657, 6658, 6906, Proposed Rules: 60 ...... 5498, 8023, 8442 7801, 7802 48 CFR 73...... 6468 61...... 5498, 8023 151...... 5922 314...... 6802, 8577 63 ...... 5498, 6035, 6676, 8023, 1...... 6908 154...... 7539 320...... 6802 8392, 8442, 8838 2...... 6908 155...... 5922 601...... 8577 80...... 8826 9...... 6908 156...... 5922 81 ...... 6019, 8254, 8274 12...... 6908 22 CFR 157...... 5922 85...... 8826 22...... 6908 165 ...... 6448, 7968, 8536, 8787 96...... 7321 86...... 8826 37...... 6909 334...... 9384, 9385 42...... 6908 23 CFR 98...... 6495 Proposed Rules: 136...... 8956 46...... 6909 Proposed Rules: 100...... 7994, 8824 180...... 7559 52...... 6908, 6909 490...... 8250 140...... 6679 300...... 6036, 6496 601...... 6909 515...... 9231 143...... 6679 600...... 8826 603...... 6909 146...... 6679 604...... 6909 24 CFR 721...... 9427 165 ...... 7394, 7553, 7994 1037...... 8826 605...... 6909 203...... 8243 203...... 8014 1043...... 8826 606...... 6909 982...... 8243 607...... 6909 34 CFR 1051...... 8826 Proposed Rules: 1054...... 8826 608...... 6909 203...... 9253 Ch. II ...... 7224 1060...... 8826 609...... 6909 207...... 9253 369...... 6452 1065...... 8826 613...... 6909 220...... 9253 371...... 6452 1066...... 8826 615...... 6909 221...... 9253 Proposed Rules: 1850...... 6934 616...... 6909 232...... 9253 75...... 7397 617...... 6909 235...... 9253 Ch. VI...... 9414 619...... 6909 236...... 9253 41 CFR 622...... 6909 241...... 9253 36 CFR 101-42...... 7352 623...... 6909 570...... 6469, 6470 Proposed Rules: 101-45...... 7352 624...... 6909 1192...... 7812 102-40...... 7352 625...... 6909 26 CFR Proposed Rules: 627...... 6909 1...... 7323 37 CFR Ch. 50 ...... 5715 628...... 6909 Proposed Rules: Proposed Rules: Ch. 60 ...... 5715 631...... 6909 1...... 8578 1...... 6475 Ch. 61 ...... 5715 632...... 6909

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633...... 6909 552...... 6037, 8278 92...... 9392 Proposed Rules: 636...... 6909 Ch. 29 ...... 5715 222...... 6925 17...... 5719, 8053 637...... 6909 223...... 6925, 7977 217...... 9510 49 CFR 642...... 6909 224...... 7380, 7977 219...... 8166 644...... 6909 171...... 9217 229...... 6925 226...... 5499, 9314 645...... 6909 172...... 9217 300...... 8807 300...... 5719 647...... 6909 173...... 9217 622 ...... 6464, 8559, 9230 600...... 7562 649...... 6909 175...... 9217 635...... 5991, 7547 635...... 8838 652...... 6909 Proposed Rules: 648...... 7808 Proposed Rules: Ch. III ...... 7814 660...... 6662, 7390 660...... 8280 511...... 6037 665...... 6663 679...... 7816 523...... 8278 50 CFR 679 .....5692, 5992, 6663, 7979, 680...... 5499, 7817 536...... 6944 17...... 9126, 9218 8249, 8816, 9398

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Register but may be ordered H.R. 203/P.L. 114–2 enacted public laws. To in ‘‘slip law’’ (individual Clay Hunt Suicide Prevention subscribe, go to http:// LIST OF PUBLIC LAWS pamphlet) form from the for American Veterans Act listserv.gsa.gov/archives/ This is a continuing list of Superintendent of Documents, (Feb. 12, 2015; 129 Stat. 30) publaws-l.html public bills from the current U.S. Government Publishing Last List January 15, 2015 session of Congress which Office, Washington, DC 20402 Note: This service is strictly have become Federal laws. (phone, 202–512–1808). The Public Laws Electronic for E-mail notification of new This list is also available text will also be made laws. The text of laws is not online at http:// Notification Service available on the Internet from available through this service. www.archives.gov/federal- GPO’s Federal Digital System (PENS) register/laws. PENS cannot respond to (FDsys) at http://www.gpo.gov/ specific inquiries sent to this The text of laws is not fdsys. Some laws may not yet PENS is a free electronic mail address. published in the Federal be available. notification service of newly

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